Case 2:17-cv-00662-JRG-RSP Document 210 Filed 10/17/18 Page 1 of 33 PageID #: 5553
`
`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DIVISION OF TEXAS
`MARSHALL DIVISION
`
`INTELLECTUAL VENTURES II, LLC,
`
`Plaintiff,
`
`v.
`
`SPRINT SPECTRUM L.P., NEXTEL
`OPERATIONS, INC., ERICSSON INC.,
`TELEFONAKTIEBOLAGET LM
`ERICCSON, and ALCATEL-LUCENT USA
`INC.,
`
`Defendants.
`
`INTELLECTUAL VENTURES II, LLC,
`
`Plaintiff,
`
`v.
`
`T-MOBILE USA, INC., T-MOBILE US,
`INC., ERICSSON INC., and
`TELEFONAKTIEBOLAGET LM
`ERICSSON,
`
`Defendants,
`
`NOKIA OF AMERICA CORPORATION,
`
`
`Intervenor.
`
`
`
`§
`§
`§
`§
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`§
`§
`§
`§
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`§
`§
`§
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`§
`
`Civil Action No. 2:17-cv-662-JRG-RSP
`LEAD
`
`JURY TRIAL DEMANDED
`
`Civil Action No. 2:17-cv-661-JRG-RSP
`
`JURY TRIAL DEMANDED
`
`
`
`
`P.R. 4-5 JOINT CLAIM CONSTRUCTION CHART
`
`
`
`
`
`Intellectual Ventures II LLC Ex. 2001
`Ericsson Inc. v. Intellectual Ventures
`IPR2018-01380
`
`

`

`Case 2:17-cv-00662-JRG-RSP Document 210 Filed 10/17/18 Page 2 of 33 PageID #: 5554
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`
`
`
`Pursuant to P.R. 4-5 and the Court’s Amended Docket Control Order (D.I. 199), Plaintiff
`
`Intellectual Ventures II LLC and T-Mobile USA, Inc. and T-Mobile US, Inc. (collectively “T-
`
`Mobile”), Ericsson Inc. and Telefonaktiebolaget LM Ericsson (collectively “Ericsson”), Sprint
`
`Spectrum L.P. and Nextel Operations, Inc. (collectively “Sprint”), and Nokia of America
`
`Corporation1 (“Nokia”) file this Joint Claim Construction Chart.
`
`The claim construction hearing currently set for November 1, 2018 is set to address, to
`
`the extent necessary, asserted U.S. Patent Nos. 8,682,357 (the “`357 Patent”), 9,532,330 (the
`
`“`330 Patent”), 8,897,828 (the “`828 Patent”), 8,953,6412 (the “`641 Patent”), 9,320,018 (the
`
`“`018 Patent”), and 9,681,466 (the “`466 Patent”). The Joint Claim Construction Chart indicates
`
`the parties’ proposed constructions for terms in dispute.
`
`
`
`
`
`
`
`1 Nokia of America Corporation (“Nokia”) is the successor-in-interest to Alcatel-Lucent
`(“ALU”).
`2 Intellectual Ventures II LLC has not asserted the ‘641 patent against either ALU or Nokia.
`Nokia takes no position with respect to the ’641 Patent.
`2
`
`
`
`

`

`Case 2:17-cv-00662-JRG-RSP Document 210 Filed 10/17/18 Page 3 of 33 PageID #: 5555
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`
`
`
`DATED: October 17, 2018
`
`
`
`Respectfully submitted,
`
`
`
`By /s/ Martin J. Black
`Martin J. Black – LEAD ATTORNEY
`Pennsylvania Bar No. 54319
`Kevin M. Flannery (pro hac vice)
`Pennsylvania Bar No. 62593
`DECHERT LLP
`Cira Centre
`2929 Arch Street
`Philadelphia, PA 19104
`Tel: (215) 994-4000
`Fax: (215) 994-2222
`martin.black@dechert.com
`kevin.flannery@dechert.com
`
`Justin F. Boyce (pro hac vice)
`California Bar No. 181488
`DECHERT LLP
`2440 W. El Camino Real, Suite 700
`Mountain View, CA 94040-1499
`Tel: (650) 813-4800
`Fax: (650) 813-4848
`justin.boyce@dechert.com
`
`T. John Ward Jr.
`Texas Bar No. 00794818
`Andrea L. Fair
`Texas Bar Number 24078488
`Claire Abernathy Henry
`Texas Bar No. 24053063
`WARD, SMITH & HILL, PLLC
`1507 Bill Owens Pkwy.
`Longview, TX 75604
`Tel: (903) 757-6400
`Fax: (903) 757-2323
`jw@wsfirm.com
`andrea@wsfirm.com
`claire@wsfirm.com
`
`Counsel for Plaintiff Intellectual Ventures I LLC
`
`
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`3
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`Case 2:17-cv-00662-JRG-RSP Document 210 Filed 10/17/18 Page 4 of 33 PageID #: 5556
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`
`
`
`Melissa R. Smith
` Texas State Bar No. 24001351
` E-mail: melissa@gillamsmithlaw.com
`GILLAM & SMITH, LLP
`303 South Washington Avenue
`Marshall, TX 75670
`Telephone: (903) 934-8450
`Facsimile: (903) 934-9257
`
`ATTORNEYS FOR ERICSSON INC.,
`TELEFONAKTIEBOLAGET LM
`ERICSSON, T-MOBILE USA, INC.,
`AND T-MOBILE US, INC.
`
`Asim M. Bhansali
` State Bar No. 90001290
` E-mail: abhansali@kblfirm.com
`KWUN BHANSALI LAZARUS LLP
`4 Embarcadero Center, Suite 1400
`San Francisco, CA 94111
`Telephone: (415) 391-5400
`
`ATTORNEYS FOR T-MOBILE USA,
`INC., AND T-MOBILE US, INC.
`
`Justina K. Sessions
` Email: jsessions@keker.com
`R. Adam Lauridsen
` Email: alauridsen@keker.com
`KEKER, VAN NEST & PETERS LLP
`633 Battery Street
`San Francisco, CA 94111
`Telephone: (415) 391-5400
`Facsimile: (415) 397-7188
`
`ATTORNEYS FOR T-MOBILE USA,
`INC., AND T-MOBILE US, INC.
`
`
`
`4
`
`
`
`/s/ Douglas M. Kubehl
`By
`Douglas M. Kubehl
` Texas State Bar No. 00796909
` E-mail: doug.kubehl@bakerbotts.com
`Jeffery S. Becker
` Texas State Bar No. 24069354
` E-mail: jeff.becker@bakerbotts.com
`Johnson K. Kuncheria
` Texas State Bar No. 24070092
` E-mail:johnson.kuncheria@bakerbotts.com
`Harrison G. Rich
` Texas State Bar No. 24083730
` E-mail: harrison.rich@bakerbotts.com
`Steven T. Jugle
` Texas State Bar No. 24083280
` E-mail: steven.jugle@bakerbotts.com
`Megan V. LaDriere
` Texas State Bar No. 24083348
` E-mail: melissa.butler@bakerbotts.com
`Melissa L. Butler
` Texas State Bar No. 24097442
` E-mail: melissa.butler@bakerbotts.com
`BAKER BOTTS L.L.P.
`2001 Ross Avenue, Suite 900
`Dallas, Texas 75201
`Telephone: (214) 953-6500
`Facsimile: (214) 953-6503
`
`ATTORNEYS FOR ERICSSON INC.,
`TELEFONAKTIEBOLAGET LM
`ERICSSON, T-MOBILE USA, INC.,
`AND T-MOBILE US, INC.
`
`
`
`
`
`
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`

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`Case 2:17-cv-00662-JRG-RSP Document 210 Filed 10/17/18 Page 5 of 33 PageID #: 5557
`
`
`
`
`
`
` /s/ Jason W. Cook
`Jason W. Cook (TX 24028537)
`MCGUIREWOODS LLP
`2000 McKinney Avenue
`Suite 1400
`Dallas, TX 75201
`T: +1 214.932.6418
`M: +1 214.504.6813
`jcook@mcguirewoods.com
`
`David E. Finkelson (pro hac vice)
`Kristen M. Calleja (pro hac vice)
`Andriana S. Daly (pro hac vice)
`George B. Davis (pro hac vice)
`MCGUIREWOODS LLP
`800 East Canal Street
`Richmond, VA 23219-3916
`Telephone: 804-775-1000
`Facsimile: 804-698-2016
`dfinkelson@mcguirewoods.com
`adaly@mcguirewoods.com
`gdavis@mcguirewoods.com
`
`Robert W. Weber (TX 21044800)
`Smith Weber LLP
`5505 Plaza Drive
`PO Box 6167
`Texarkana, TX 75505
`Telephone: 903-223-5656
`Facsimile: 903-223-5652
`bweber@smithweber.com
`
`ATTORNEY FOR DEFENDANTS SPRINT
`SPECTRUM L.P.
`AND NEXTEL OPERATIONS, INC.
`
`By: /s/ David Nelson
`David Nelson
`
`David A. Nelson
`Stephen Swedlow
`Brianne Straka
`John Poulos
`QUINN EMANUEL URQUHART &
`SULLIVAN LLP
`191 N Wacker Drive
`Suite 2700
`Chicago, Illinois 60606
`Telephone: (312) 705-7400
`Fax: (312) 705-7499
`davenelson@quinnemanuel.com
`stephenswedlow@quinnemanuel.com
`briannestraka@quinnemanuel.com
`johnpoulos@quinnemanuel.com
`
`Deron R. Dacus
`State Bar No. 00790553
`THE DACUS FIRM, P.C.
`821 ESE Loop 323, Suite 430
`Tyler, TX 75701
`Telephone: (903) 705-1117
`Fax: (903) 581-2543
`ddacus@dacusfirm.com
`
`ATTORNEYS FOR NOKIA OF AMERICA
`CORPORATION
`
`
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`5
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`

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`Case 2:17-cv-00662-JRG-RSP Document 210 Filed 10/17/18 Page 6 of 33 PageID #: 5558
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`
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`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that the foregoing document was filed electronically
`
`in compliance with Local Rule CV-5(a). Therefore, this document was served on all counsel
`
`who are deemed to have consented to electronic service on this 17th day of October, 2018.
`
`/s/ Martin J. Black
`
`
`
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`6
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`

`

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`1
`
`Case 2:17-cv-00662-JRG-RSP Document 210 Filed 10/17/18 Page 7 of 33 PageID #: 5559
`
`P.R. 4-5 JOINT CLAIM CONSTRUCTION CHART
`
`Court’s
`Construction
`
`Plaintiff’s Proposed
`Construction
`“Plain and ordinary
`meaning, the message
`conveying an allocation of
`resources for a shared
`channel and conveying a
`radio network temporary
`identity (RNTI) associated
`with a plurality of UEs
`including the UE”
`
`
`
`
`Defendants’ Proposed
`Construction
`“the message having an
`allocation of resources for a
`shared channel and an
`allocation of a radio
`network temporary identity
`(RNTI) associated with a
`plurality of UEs including
`the UE”
`
`Disputed Term
`
`’357 patent, claim 11:
`A method performed by a wireless network,
`the method comprising:
` sending, by a first network device, a
`paging signal to a second network device;
` paging, by the second network device, a
`user equipment (UE) in idle mode by
`sending a message on a control channel, the
`message having an allocation of resources
`for a shared channel and a radio network
`temporary identity (RNTI) associated
`with a plurality of UEs including the UE;
` sending, by the second network device, a
`paging message in the allocated resources
`for the shared channel; and
` wherein the paging message includes an
`International Mobile Subscriber Identity
`(IMSI) or a Temporary Mobile Subscriber
`Identity (TMSI).
`’357 patent, claim 30:
`A method performed by a network device,
`the method comprising:
` paging, by the network device, a user
`equipment (UE) in idle mode by sending a
`
`

`

`Case 2:17-cv-00662-JRG-RSP Document 210 Filed 10/17/18 Page 8 of 33 PageID #: 5560
`
`Plaintiff’s Proposed
`Construction
`
`Defendants’ Proposed
`Construction
`
`Court’s
`Construction
`
`
`
`Disputed Term
`
`message on a control channel, the message
`having an allocation of resources for a
`shared channel and a radio network
`temporary identity (RNTI) associated
`with a plurality of UEs including the UE;
` sending, by the network device, a paging
`message in the allocated resources for the
`shared channel; and
` wherein the paging message includes an
`International Mobile Subscriber Identity
`(IMSI) or a Temporary Mobile Subscriber
`Identity (TMSI).
`’357 patent, claim 47:
`A method performed by a user equipment
`(UE), the UE comprising:
` receiving, by the UE, in idle mode a
`message on a control channel to indicate a
`page in a wireless network, the message
`having an allocation of resources for a
`shared channel and a radio network
`temporary identity (RNTI) associated
`with a plurality of UEs including the UE;
` receiving, by the UE, a paging message
`in the allocated resources for the shared
`channel; and
` wherein the paging message includes an
`International Mobile Subscriber Identity
`
`
`
`2
`
`

`

`Case 2:17-cv-00662-JRG-RSP Document 210 Filed 10/17/18 Page 9 of 33 PageID #: 5561
`
`Disputed Term
`
`(IMSI) or a Temporary Mobile Subscriber
`Identity (TMSI).
`
`’330 Patent, claims 1, 8, 18, 25
`’330 patent, claim 1:
`A network device comprising:
` circuitry configured to receive, from a
`core network, a paging message related to a
`user equipment (UE);
` a processor configured to send, on a
`control channel in a long-term evolution
`(LTE) network in response to reception of
`the paging message, a signal to indicate a
`page of the UE and the signal includes an
`indication of a shared channel for the UE to
`receive;
` wherein the signal is derived from a
`radio network temporary-identifier (RNTI);
`and
` the processor further configured to send a
`transmission to the UE on the indicated
`shared channel.
`’330 patent, claim 8:
` The network device of claim 1, wherein
`the signal is sent in a time interval derived
`from an international mobile subscriber
`identity (IMSI) associated with the UE.
`
`
`
`2
`
`
`
`Plaintiff’s Proposed
`Construction
`
`Defendants’ Proposed
`Construction
`
`Court’s
`Construction
`
`
`
`For claims 1, 8, 18, 25: “the
`signal that (1) indicates a
`page of the UE and (2)
`includes an indication of the
`shared channel for the UE
`to receive”
`For claims 9, 17, 26, 34:
`“the signal that (1) indicates
`a page from a network
`device and (2) includes an
`indication of the shared
`channel”
`
`Plain and ordinary
`meaning, no construction
`necessary. To the extent
`the Court requires a
`construction:
`For claims 1, 8, 18, 25:
`“Plain and ordinary
`meaning, the signal to
`indicate a page of the UE”
`For claims 9, 17, 26, 34:
`“Plain and ordinary
`meaning, the signal to
`indicate a page from the
`network device”
`
`
`3
`
`

`

`Case 2:17-cv-00662-JRG-RSP Document 210 Filed 10/17/18 Page 10 of 33 PageID #: 5562
`
`Plaintiff’s Proposed
`Construction
`
`Defendants’ Proposed
`Construction
`
`Court’s
`Construction
`
`
`
`Disputed Term
`
`
`’330 patent, claim 18:
`A method performed by a network device,
`the method comprising:
` receiving, by the network device from a
`core network, a paging message related to a
`user equipment (UE);
` sending, on a control channel in a long-
`term evolution (LTE) network by the
`network device in response to receiving the
`paging message, a signal to indicate a page
`of the UE and the signal includes an
`indication of a shared channel for the UE to
`receive;
` wherein the signal is derived from a
`radio network temporary identifier (RNTI);
`and
` sending a transmission to the UE on the
`indicated shared channel.
`’330 patent, claim 25:
`The method of claim 18, wherein the signal
`is sent in a time interval derived from an
`international mobile subscriber identity
`(IMSI) associated with the UE.
`’330 patent, claims 9, 17, 26, 34
`’330 patent, claim 9:
`
`
`
`4
`
`

`

`Case 2:17-cv-00662-JRG-RSP Document 210 Filed 10/17/18 Page 11 of 33 PageID #: 5563
`
`Plaintiff’s Proposed
`Construction
`
`Defendants’ Proposed
`Construction
`
`Court’s
`Construction
`
`
`
`Disputed Term
`
`A user equipment (UE) comprising:
` a processor configured to monitor, in a
`long-term evolution (LTE) network,
`downlink transmissions for a signal to
`indicate a page from a network device,
`wherein the signal includes an indication of
`a shared channel and the signal is derived
`from a radio network temporary identifier
`(RNTI); and
` circuitry configured to receive a
`transmission on the indicated shared
`channel.
`’330 patent, claim 17:
`The UE of claim 9, wherein the signal is
`received, by the UE, in a time interval
`derived from an international mobile
`subscriber identity (IMSI) associated with
`the UE.
`’330 patent, claim 34:
`The method of claim 26, wherein the signal
`is received, by the UE, in a time interval
`derived from an international mobile
`subscriber identity (IMSI) associated with
`the UE.
`
`3
`
`‘018 Patent Claims 12, 16, 20, 24, and
`‘466 Patent Claims 1, 4, 6, 9
`
`“Plain and ordinary
`meaning, wherein
`allocation of resources for
`
`Defendants’ construction
`for Claims 4 and 9 of the
`’466 Patent and Claims 12,
`
`
`
`
`
`5
`
`

`

`Case 2:17-cv-00662-JRG-RSP Document 210 Filed 10/17/18 Page 12 of 33 PageID #: 5564
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`
`
`Disputed Term
`
`’018 Patent claim 12:
`12. A method performed by a wireless
`network, the method comprising:
`sending, by the wireless network, a first
`parameter for each of a plurality of
`radio bearers of a user equipment
`(UE), where in each of the plurality
`of radio bearers is associated with a
`channel;
`sending, by the wireless network, an
`allocation message for an uplink
`resource to the UE;
`receiving, by the wireless network, data
`from the plurality of radio bearers in
`response to the allocation message,
`wherein allocation of resources for
`the data of each channel of a radio
`bearer having a second parameter
`above zero is provided before
`another channel’s data for
`transmission having a third
`parameter less than or equal to
`zero; and
`wherein the second parameter is derived
`from a first channel’s first parameter
`and the third parameter is derived
`from a second channel’s first
`parameter.
`
`Plaintiff’s Proposed
`Construction
`the data of each channel of
`a radio bearer having a
`second parameter above
`zero is provided before the
`allocation for another
`channel's data for
`transmission having a
`third parameter less than
`or equal to zero”
`
`Court’s
`Construction
`
`Defendants’ Proposed
`Construction
`16, and 20 of the ’018
`Patent: “wherein allocation
`of resources for the data of
`each channel of a radio
`bearer having a second
`parameter above zero must
`be provided for
`transmission of that data
`before another channel's
`data having a third
`parameter less than or equal
`to zero,” or alternatively,
`indefinite
`Sprint’s and T-Mobile’s
`construction for Claims 1
`and 6 of the ’466 Patent and
`Claim 24 of the ’018 Patent:
`“wherein resources must be
`allocated such that
`transmission of the data of
`each channel [of a radio
`bearer] having a second
`parameter above zero takes
`place before transmission of
`data of another channel [of
`a radio bearer] having a
`third parameter less than or
`equal to zero,” or
`alternatively, indefinite
`
`
`
`6
`
`

`

`Case 2:17-cv-00662-JRG-RSP Document 210 Filed 10/17/18 Page 13 of 33 PageID #: 5565
`
`‘018 Patent claims 16:
`A method performed by a wireless network,
`the method comprising:
`
`
`sending, by a network device, a first
`parameter for each of a plurality of
`radio bearers of a user equipment
`(UE), wherein each of the plurality
`of radio bearers is associated with a
`channel;
`sending, by the network device, an
`allocation message for an uplink
`resource to the UE;
`receiving, by the network device, data
`from the plurality of radio bearers in
`response to the allocation message,
`wherein allocation of resources for
`the data of each channel of a radio
`bearer having a second parameter
`above zero is provided before
`another channel’s data for
`transmission having a third
`parameter less than or equal to
`zero;
`sending, by the network device to a
`network controller the data from the
`plurality of radio bearers of the UE;
`and
`wherein the second parameter is derived
`from a first channel's first parameter
`and the third parameter is derived
`
`
`
`7
`
`

`

`Case 2:17-cv-00662-JRG-RSP Document 210 Filed 10/17/18 Page 14 of 33 PageID #: 5566
`
`Plaintiff’s Proposed
`Construction
`
`Defendants’ Proposed
`Construction
`
`Court’s
`Construction
`
`
`
`Disputed Term
`
`from a second channel's first
`parameter.
`
`
`‘018 Patent claim 20:
`A method performed by a wireless network
`device, the method comprising:
`sending, by the wireless network device,
`a first parameter for each of a
`plurality of radio bearers of a user
`equipment (UE), wherein each of the
`plurality of radio bearers is
`associated with a channel;
`sending, by the wireless network device,
`an allocation message for an uplink
`resource to the UE;
`receiving, by the wireless network
`device, data from the plurality of
`radio bearers in response to the
`allocation message, wherein
`allocation of resources for the data
`of each channel of a radio bearer
`having a second parameter above
`zero is provided before another
`channel's data for transmission
`having a third parameter less than
`or equal to zero; and
`wherein the second parameter is derived
`from a first channel's first parameter
`and the third parameter is derived
`
`
`
`8
`
`

`

`Case 2:17-cv-00662-JRG-RSP Document 210 Filed 10/17/18 Page 15 of 33 PageID #: 5567
`
`Plaintiff’s Proposed
`Construction
`
`Defendants’ Proposed
`Construction
`
`Court’s
`Construction
`
`
`
`Disputed Term
`
`from a second channel's first
`parameter.
`‘018 Patent claim 24:
`A method performed by a user equipment
`(UE), the method comprising:
`
`
`utilizing, by the UE, a plurality of radio
`bearers;
`
`receiving, by the UE, a first parameter
`corresponding to each of the plurality of
`radio bearers from a network device and
`receiving an allocation message for an
`uplink resource from
`the network
`device;
`
`in
`the UE, resources
`allocating, by
`response to the allocation message,
`wherein resources are allocated for
`data of each channel of a radio bearer
`having a second parameter above
`zero before another channel's data
`for transmission having a third
`parameter less than or equal to zero;
`and
`
`
`wherein the second parameter is derived
`from a first channel's first parameter and
`
`
`
`9
`
`

`

`Case 2:17-cv-00662-JRG-RSP Document 210 Filed 10/17/18 Page 16 of 33 PageID #: 5568
`
`
`
`Disputed Term
`
`the third parameter is derived from a
`second channel's first parameter.
`‘466 Patent claims 1:
`A user equipment (UE) comprising:
`
`
`
`Plaintiff’s Proposed
`Construction
`
`Defendants’ Proposed
`Construction
`
`Court’s
`Construction
`
`10
`
`circuitry configured to receive, from a
`network device, a first transmission
`including
`a
`first
`parameter
`corresponding to each of a plurality of
`channels and a second transmission
`including an allocation message for an
`uplink resource from
`the network
`device;
`
`to allocate
` processor configured
`resources in response to the allocation
`message,
`
`
`wherein resources are allocated for
`data of each channel having a second
`parameter above zero prior
`to
`another
`channel’s
`data
`for
`transmission
`having
`a
`third
`parameter less than or equal to zero
`prior to another channel's data for
`transmission
`having
`a
`third
`parameter less than or equal to zero;
`and
`
` a
`
`
`
`
`
`

`

`Case 2:17-cv-00662-JRG-RSP Document 210 Filed 10/17/18 Page 17 of 33 PageID #: 5569
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`Plaintiff’s Proposed
`Construction
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`Defendants’ Proposed
`Construction
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`Court’s
`Construction
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`Disputed Term
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`wherein the second parameter is derived
`from a first channel's first parameter and
`the third parameter is derived from a
`second channel's first parameter.
`‘466 Patent claim 6:
`A method performed by a user equipment
`(UE), the method comprising:
`
`
`receiving, from a network device, a first
`transmission
`including
`a
`first
`parameter corresponding to each of a
`plurality of channels and a second
`transmission including an allocation
`message for an uplink resource from
`the network device;
`
`
`allocating, by a processor, resources in
`response to the allocation message,
`wherein resources are allocated for
`data of each channel having a
`second parameter above zero prior
`to another channel's data
`for
`transmission
`having
`a
`third
`parameter less than or equal to
`zero; and
`
`
`wherein the second parameter is derived
`from a first channel's first parameter
`and the third parameter is derived
`
`
`
`11
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`Case 2:17-cv-00662-JRG-RSP Document 210 Filed 10/17/18 Page 18 of 33 PageID #: 5570
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`Disputed Term
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`Plaintiff’s Proposed
`Construction
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`Defendants’ Proposed
`Construction
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`Court’s
`Construction
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`second
`
`channel's
`
`first
`
`a
`from
`parameter.
` ‘466 Patent claims 4:
`A network device comprising:
`a transmitter configured to transmit, to a
`user
`equipment
`(UE),
`a
`first
`transmission including a first parameter
`for each of a plurality of channels;
`
`
`to
`transmitter further configured
`the
`transmit
`a
`second
`transmission
`including an allocation message for an
`uplink resource;
`
`
`circuitry configured to receive a third
`transmission including data from the
`plurality of channels in response to the
`allocation message, wherein allocation
`of resources for the data of each
`channel having a second parameter
`above zero
`is provided prior to
`another
`channel’s
`data
`for
`transmission
`having
`a
`third
`parameter less than or equal to zero;
`and
`
`
`wherein the second parameter is derived
`from a first channel's first parameter and
`
`
`
`12
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`Case 2:17-cv-00662-JRG-RSP Document 210 Filed 10/17/18 Page 19 of 33 PageID #: 5571
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`Disputed Term
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`Plaintiff’s Proposed
`Construction
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`Defendants’ Proposed
`Construction
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`Court’s
`Construction
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`the third parameter is derived from a
`second channel's first parameter.
`‘466 Patent claim 9:
`A method performed by a network device,
`the method comprising:
`
`transmitting, to a user equipment (UE), a
`first transmission including a first
`parameter for each of a plurality of
`channels;
`
`
`transmitting a second transmission
`including an allocation message for an
`uplink resource;
`
`
`
`
`
`receiving a third transmission including
`data from the plurality of channels in
`response to the allocation message,
`wherein allocation of resources for
`the data of each channel having a
`second parameter above zero is
`provided prior to another channel's
`data for transmission having a third
`parameter less than or equal to zero;
`and
`
`
`wherein the second parameter is derived
`from a first channel's first parameter
`and the third parameter is derived from
`a second channel's first parameter.
`
`13
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`Case 2:17-cv-00662-JRG-RSP Document 210 Filed 10/17/18 Page 20 of 33 PageID #: 5572
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`Disputed Term
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`Plaintiff’s Proposed
`Construction
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`Defendants’ Proposed
`Construction
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`Court’s
`Construction
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`
`
`“Plain and ordinary
`meaning, a channel
`capable of carrying an
`allocation of a scheduled
`uplink resource and a TPC
`command”
`
`
`’828 patent, claims 1, 8, 15, 22, 29, 36
`’828 patent, claim 1:
`A method performed by user equipment
`(UE), the method comprising:
` receiving, by the UE, an indication of
`whether accumulation of transmit power
`control (TPC) commands is enabled;
` determining, by the UE, a path loss of a
`downlink channel;
` receiving, on a single physical channel by
`the UE if accumulation is enabled, an
`allocation of a scheduled uplink resource
`and a TPC command, wherein the TPC
`command is accumulated with other
`received TPC commands;
` calculating, by the UE if accumulation is
`enabled, transmit power in association with
`an uplink communication based on both the
`path loss and the accumulated TPC
`commands; and
` receiving, on the single physical channel
`by the UE if accumulation is not enabled, an
`allocation of a scheduled uplink resource to
`transmit data at a power level calculated by
`the UE based on the path loss.
`
`
`
`Claims 1 and 15: “the same
`physical channel on which
`the UE receives the
`allocation of a scheduled
`uplink resource and a TPC
`command”
`
`Claims 8 and 22: “the same
`physical channel on which
`the circuitry is configured
`to receive the allocation of a
`scheduled uplink resource
`and a TPC command”
`
`Claim 29: “the same
`physical channel on which
`the network device sends
`the allocation of a
`scheduled uplink
`resource and a TPC
`command”
`
`Claim 36: “the same
`physical channel on which
`the circuitry is configured
`to send the allocation of a
`scheduled uplink resource
`and a TPC command”
`
`14
`
`
`
`4
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`
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`

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`Case 2:17-cv-00662-JRG-RSP Document 210 Filed 10/17/18 Page 21 of 33 PageID #: 5573
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`Plaintiff’s Proposed
`Construction
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`Defendants’ Proposed
`Construction
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`Court’s
`Construction
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`
`
`Disputed Term
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`
`’828 patent, claim 8:
`A user equipment (UE) characterized in that:
` circuitry is configured to receive, by the
`UE, an indication of whether accumulation
`of transmit power control (TPC) commands
`is enabled;
` circuitry is configured to determine a path
`loss of a downlink channel;
` the circuitry is further configured to
`receive, on a single physical channel if
`accumulation is enabled, an allocation of a
`scheduled uplink resource and a TPC
`command, wherein the TPC command is
`accumulated with other received TPC
`commands;
` circuitry is configured to calculate, by the
`UE if accumulation is enabled, transmit
`power in association with an uplink
`communication based on both the path loss
`and the accumulated TPC commands; and
` the circuitry is further configured to
`receive, on the single physical channel by
`the UE if accumulation is not enabled, an
`allocation of a scheduled uplink resource to
`transmit data at a power level calculated by
`the UE based on the path loss.
`
`
`
`15
`
`

`

`Case 2:17-cv-00662-JRG-RSP Document 210 Filed 10/17/18 Page 22 of 33 PageID #: 5574
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`Plaintiff’s Proposed
`Construction
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`Defendants’ Proposed
`Construction
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`Court’s
`Construction
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`
`
`Disputed Term
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`
`’828 patent, claim 15:
`A method performed by a wireless network,
`the method comprising:
` sending, by the wireless network, an
`indication of whether accumulation of
`transmit power control (TPC) commands is
`enabled;
` determining, by a user equipment (UE), a
`path loss of a downlink channel;
` receiving, on a single physical channel by
`the UE if accumulation is enabled, an
`allocation of a scheduled uplink resource
`and a TPC command, wherein the TPC
`command is accumulated with other
`received TPC commands;
` calculating, by the UE if accumulation is
`enabled, transmit power in association with
`an uplink communication based on both the
`path loss and the accumulated TPC
`commands; and
` receiving, on the single physical channel
`by the UE if accumulation is not enabled, an
`allocation of a scheduled uplink resource to
`transmit data to the wireless network at a
`power level calculated by the UE based on
`the path loss.
`
`
`
`16
`
`

`

`Case 2:17-cv-00662-JRG-RSP Document 210 Filed 10/17/18 Page 23 of 33 PageID #: 5575
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`Plaintiff’s Proposed
`Construction
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`Defendants’ Proposed
`Construction
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`Court’s
`Construction
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`
`
`Disputed Term
`
`
`’828 patent, claim 22:
` A wireless network characterized in that:
` the wireless network is configured to send
`an indication of whether accumulation of
`transmit power control (TPC) commands is
`enabled;
` a user equipment (UE) characterized in
`that:
` circuitry is configured to determine, by
`the UE, a path loss of a downlink channel;
` circuitry is configured to receive, on a
`single physical channel if accumulation is
`enabled, an allocation of a scheduled uplink
`resource and a TPC command, wherein the
`TPC command is accumulated with other
`received TPC commands;
` circuitry is configured to calculate, by the
`UE if accumulation is enabled, transmit
`power in association with an uplink
`communication based on both the path loss
`and the accumulated TPC commands; and
` the circuitry is further configured to
`receive, on the single physical channel by
`the UE if accumulation is not enabled, an
`allocation of a scheduled uplink resource to
`transmit data to the wireless network at a
`
`
`
`17
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`

`

`Case 2:17-cv-00662-JRG-RSP Document 210 Filed 10/17/18 Page 24 of 33 PageID #: 5576
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`Plaintiff’s Proposed
`Construction
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`Defendants’ Proposed
`Construction
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`Court’s
`Construction
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`
`
`Disputed Term
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`power level calculated by the UE based on
`the path loss.
`
`’828 patent, claim 29:
` A method performed by a network device,
`the method comprising:
` sending, by the network device, an
`indication of whether accumulation of
`transmit power control (TPC) commands is
`enabled;
` sending, on a single physical channel by
`the network device if accumulation is
`enabled, an allocation of a scheduled uplink
`resource and a TPC command to be
`accumulated with other received TPC
`commands at a user equipment (UE);
` receiving, by the network device if
`accumulation is enabled, uplink
`communication at a transmit power, wherein
`the transmit power is calculated at the UE
`based on both a determined path loss of a
`downlink channel and the accumulated TPC
`commands; and
` sending, on the single physical channel
`to the UE if accumulation is not enabled, an
`allocation of a scheduled uplink resource to
`transmit data to the network device at a
`
`
`
`18
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`

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`Case 2:17-cv-00662-JRG-RSP Document 210 Filed 10/17/18 Page 25 of 33 PageID #: 5577
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`Plaintiff’s Proposed
`Construction
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`Defendants’ Proposed
`Construction
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`Court’s
`Construction
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`
`
`Disputed Term
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`power level calculated at the UE based on
`the path loss.
`
`’828 patent, claim 36:
`A network device characterized in that:
` circuitry is configured to send, by the
`network device, an indication of whether
`accumulation of transmit power control
`(TPC) commands is enabled;
` the circuitry is further configured to send,
`on a single physical channel if accumulation
`is enabled, an allocation of a scheduled
`uplink resource and a TPC command to be
`accumulated with other received TPC
`commands at a user equipment (UE);
` circuitry is configured to receive, if
`accumulation is enabled, uplink
`communication at a transmit power, wherein
`the transmit power is calculated at the UE
`based on both a determined path loss of a
`downlink channel and the accumulated TPC
`commands; and
` the circuitry is further configured to send,
`on the single physical channel if
`accumulation is not enabled, an allocation of
`a scheduled uplink resource to transmit data
`
`
`
`19
`
`

`

`Case 2:17-cv-00662-JRG-RSP Document 210 Filed 10/17/18 Page 26 of 33 PageID #: 5578
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`Disputed Term
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`to the network device at a power level
`calculated at the UE based on the path loss.
`
`’828 patent, claims 1, 8, 15, 22, 29, 36
`’828 patent, claim 1:
`A method performed by user equipment
`(UE), the method comprising:
` receiving, by the UE, an indication of
`whether accumulation of transmit power
`control (TPC) commands is enabled;
` determining, by the UE, a path loss of a
`downlink channel;
` receiving, on a single physical channel by
`the UE if accumulation is enabled, an
`allocation of a scheduled uplink resource
`and a TPC command, wherein the TPC
`command is accumulated with other
`received TPC commands;
` calculating, by the UE if accumulation is
`enabled, transmit power in association with
`an uplink communication based on both the
`path loss and the accumulated TPC
`