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Case 3:21-cv-09773-JD Document 62-5 Filed 03/20/23 Page 1 of 4
`Case 3:21-cv-09773-JD Document 62-5 Filed 03/20/23 Page 1 of 4
`
`
`
`
`
`EXHIBIT 4
`EXHIBIT 4
`
`

`

`
`
`Case 6:21-cv-00668-ADA Document 67 Filed 06/03/22 Page 1 of 3Case 3:21-cv-09773-JD Document 62-5 Filed 03/20/23 Page 2 of 4
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`VOIP-PAL.COM, INC.,
` Plaintiff,
`
`
`v.
`
`AMAZON.COM, INC., et al.,
` Defendants.
`
`
`VOIP-PAL.COM, INC.,
` Plaintiff,
`
`
`v.
`
`VERIZON COMMUNICATIONS, INC.,
`et al.,
` Defendants.
`
`
`VOIP-PAL.COM, INC.,
` Plaintiff,
`
`
`v.
`
`T-MOBILE USA, INC.,
` Defendant.
`
`








`








`








`
`
`
`
`
`
`
`
`
`
`CASE NO. 6:21-CV-00668-ADA
`
`
`
`
`CASE NO. 6:21-CV-00672-ADA
`
`
`
`
`CASE NO. 6:21-CV-00674-ADA
`
`CLAIM CONSTRUCTION ORDER
`
`The Court considered the parties’ claim construction briefs seeking to construe the terms
`
`of U.S. Patent Nos. 8,630,234 (“’234 patent”) and 10,880,721 (“’721 patent”) in each of the above-
`
`captioned cases. After hearing oral arguments, the Court hereby adopts the following final
`
`
`
`constructions:
`
`
`
`
`
`
`

`

`
`
`Case 6:21-cv-00668-ADA Document 67 Filed 06/03/22 Page 2 of 3Case 3:21-cv-09773-JD Document 62-5 Filed 03/20/23 Page 3 of 4
`
`
`
`Term
`“roaming” in preambles
`
`’234 patent, claims 1, 19, 28, 30, 46, 62;
`’721 patent, claims 34, 49
`
`“callee identifier”
`
`’234 patent, claims 1, 11, 20, 25, 28, 30,
`46, 62
`“access code”
`
`’234 patent, claims 1, 10, 11, 19-21, 25,
`28, 30-33, 38, 40, 43, 45-48, 54, 61, 62,
`64, 65, 70, 72, 75;
`
`’721 patent, claims 1, 14, 16, 20, 34, 38,
`39, 46, 49-51, 57, 63, 77, 103, 104, 109,
`110, 124, 130, 135, 138-40
`“access code request message”
`
`’234 patent, claims 1, 10, 11, 19-21, 28,
`30, 31, 40, 46, 47, 62, 72;
`
`’721 patent, claims 1, 16, 20, 34, 38, 39,
`49-51, 77, 103, 104, 135
`“access code reply message”
`
`’234 patent, claims 1, 10, 11, 19, 20, 25,
`28, 30, 43, 45, 46, 61, 62, 75;
`
`’721 patent, claims 1, 16, 20, 34, 38, 46,
`49-51, 77, 103, 124, 135, 138-40
`“pool of access codes”
`
`’234 patent, claims 1, 11, 20, 30, 38, 46,
`54, 57, 62, 70;
`
`’721 patent, claims 63, 109
`“local call”
`
`’234 patent, claims 1, 11, 20
`
`
`
`
`Final Construction
`“roaming” is not limiting in the preambles.
`
`
`“mobile telephone” and “wireless apparatus” are
`limiting in the preambles.
`
`
`Preambles are otherwise not limiting.
`Plain and ordinary meaning
`
`Plain and ordinary meaning, which is a code used
`to grant access
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`A call treated as “local” (for example, as opposed to
`long distance) by a service provider.
`
`
`Not limited to PSTN.
`
`

`

`
`
`Case 6:21-cv-00668-ADA Document 67 Filed 06/03/22 Page 3 of 3Case 3:21-cv-09773-JD Document 62-5 Filed 03/20/23 Page 4 of 4
`
`Term
`“means for initiating a call using said
`access code to identify the callee”
`
`’234 patent, claim 11
`
`“means for selecting said access code
`from a pool of access codes”
`
`’234 patent, claim 46
`
`“gateway”
`
`’721 patent, claims 1, 20, 38, 51, 77,
`103, 133
`
`
`SIGNED this 3rd day of June, 2022.
`
`Final Construction
`Governed by 35 U.S.C. § 112, ¶ 6
`
`
`Function: initiating a call using said access code to
`identify the callee
`
`
`Structure: Mobile wireless device 12 having a
`microprocessor 52 programmed to implement the
`algorithm illustrated in FIG. 3, which includes
`block 149 labeled “Initiate voice/video call using
`access code.” The wireless device 12 includes I/O
`port(s) 56 capable of acting as an interface to
`external networks (70, 72, 15, 16). See FIG. 2.
`Governed by 35 U.S.C. § 112, ¶ 6
`
`
`Function: selecting said access code from a pool of
`access codes
`
`
`Structure: Access server 14 and/or a routing
`controller 30 having a microprocessor (152 or 232)
`programmed to implement the algorithm illustrated
`in FIG. 7 including step 196 and/or FIG. 12. A
`memory stores the pool of access codes that is
`selected from. Various embodiments of a routing
`controller selecting an access code from the pool of
`access codes are disclosed at col. 15, line 7 to col.
`22 line 60. In some embodiments, the routing
`controller is part of or integrated with the access
`server as described in col. 17 lines 19-30.
`A device that connects networks and can adjust a
`protocol of traffic moving between the connected
`networks.
`
`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`
`
`
`
`
`

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