25-30
`’500 Patent, Claims 1-3, 5-7, 11, 14-23,
`’643 Patent, Claim 6;
`’608 Patent, Claims 1, 3, 5;
`23, 27;
`’624 Patent, Claims 1-5, 9-12, 14, 15, 21,
`94;
`’614 Patent, Claims 1, 8, 36, 88, 89, 93,
`’418 Patent, Claims 1, 2, 6, 10, 85, 88;
`
`
`
`’643 Patent, Claims 1-3, 6-8, 11-13
`’608 Patent, Claim 5;
`’624 Patent, Claims 4, 12, 21;
`
`
`
`’624 Patent, Claims 2, 5, 10, 14
`’418 Patent, Claims 1, 85;
`Claims
`
`
`
`of addressable slots
`an area of memory having a set
`
`
`
`register
`
`frequency
`from one frequency to another
`the period between switches
`Agreed Construction
`
`frequencies
`separate communications
`
`
`
`communications channel
`
`Term
`
`at each hop
`
`
`
`Agreed Terms
`
`EXHIBIT A
`
`
`
`Case 1:14-cv-00436-LY Document 103-1 Filed 03/14/16 Page 1 of 17
`
`Page 1
`
`Qualcomm Inc.
`Exhibit 1018
`IPR2015-0314
`
`

`
`- 2 -
`
`
`
`’624 Patent, Claims 2, 5, 10, 14
`’418 Patent, Claims 1, 85;
`
`another frequency
`the switch from one frequency to
`
`
`
`’500 Patent, Claims 14, 15, 30
`’614 Patent, Claim 89;
`
`’608 Patent, Claim 3
`’624 Patent, Claims 3, 11, 15, 23, 27;
`’418 Patent, Claims 1, 2, 6, 85;
`
`’614 Patent, Claims 36, 88, 93
`
`’614 Patent, Claim 1
`
`’624 Patent, Claims 2, 10, 14
`
`channel and one or more criteria
`based on the performance of the
`assigning a class to a channel
`
`
`
`channels can be made
`which a decision for selecting
`one or more standards on
`
`
`
`
`
`be used
`communications channel cannot
`identifies that the fourth
`channel identification data that
`
`for the first communication
`be used by the first participant
`communications channel cannot
`identifies that the first
`channel identification data
`
`performance
`data that, at least, indicates
`
`
`
`
`
`be used
`communications channel cannot
`identifies that the first
`channel identification data that
`
`
`
`communications channel is not to be used
`communications channel and specifies that the fourth
`channel identification data that both identifies the fourth
`
`hop
`
`classifying
`
`channel selection criteria
`
`
`
`communications channel is not to be used
`communications channel and specifies that the first
`channel identification data that both identifies the first
`
`
`
`participant for the first communication
`communications channel is not to be used by the first
`channel identification data specifies that the first
`
`performance data
`
`Case 1:14-cv-00436-LY Document 103-1 Filed 03/14/16 Page 2 of 17
`
`Page 2
`
`

`
`’500 Patent, Claims 7, 19, 22
`’500 Patent, Claims 7, 19, 22
`
`’500 Patent, Claims 1, 14, 16, 23
`
`25, 27, 29
`’500 Patent, Claims 1-3, 5, 6, 14-21, 23,
`’608 Patent, Claims 1, 3
`15, 21, 23, 27;
`’624 Patent, Claims 1-3, 5, 9, 10, 11, 14,
`94;
`’614 Patent, Claims 1, 8, 36, 88, 89, 93,
`’418 Patent, Claims 1, 2, 6, 10, 85, 88
`
`
`
`’608 Patent, Claim 3
`’624 Patent, Claims 3, 11, 15, 23, 27;
`’418 Patent, Claims 2, 6;
`
`’418 Patent, Claim 6
`
`
`
`- 3 -
`
`
`
`two or more
`predetermined number, which is
`
`
`
`predetermined period of time
`
`not in use by another system
`in use by another system
`
`
`
`clear
`occupied
`
`
`
`
`
`specified period of time
`
`
`
`second specified number
`
`predetermined number
`
`specified number
`
`’624 Patent, Claims 5, 9, 10, 12, 21
`’614 Patent, Claims 1, 8, 36, 88;
`’418 Patent, Claims 1, 2, 6, 85, 88;
`
`’643 Patent, Claims 1, 2, 6, 7, 11, 12
`
`or mechanisms
`communicate with other devices
`devices or mechanisms that
`
`channels
`that identifies the set of good
`in the good channel register,
`information, which is stored
`
`
`
`communications frequencies
`multiple separate
`
`
`
`plurality of communications channels
`
`participants
`
`register
`the set of good channels loaded in the good channel
`
`Case 1:14-cv-00436-LY Document 103-1 Filed 03/14/16 Page 3 of 17
`
`Page 3
`
`

`
`- 4 -
`
`
`
`’624 Patent, Claims 1, 5, 9
`
`
`
`more communication channels
`a complete original set of two or
`
`
`
`23, 27
`’624 Patent, Claims 1-5, 9-12, 14, 15, 21,
`’608 Patent Claim 1, 3;
`’418 Patent, Claims 1, 10, 85;
`
`
`
`’643 Patent, Claims 3, 8, 13
`
`Plain and ordinary meaning
`
`default channel register
`determined by the order of the default channels stored in the
`performing a channel hopping sequence in an order
`
`default set of two or more communications channels
`
`
`
`Plain and ordinary meaning
`
`a first time / a second time
`
`Case 1:14-cv-00436-LY Document 103-1 Filed 03/14/16 Page 4 of 17
`
`Page 4
`
`

`
`- 5 -
`
`
`
`’614 Patent, Claims 1, 36, 88, 93
`’418 Patent, Claims 1, 85;
`
`Plain and ordinary meaning
`
`Claims 1, 85)
`from the plurality of communications channels (’418 Patent,
`criteria, a first set of two or more communications channels
`communications channels at a first time and channel selection
`selecting, based upon performance of a plurality of
`
`
`
`communications channels (’418 Patent, Claims 1, 85)
`two or more communications channels from the plurality of
`the first time and the channel selection criteria, a second set of
`communications channels at a second time that is later than
`selecting, based upon performance of the plurality of
`
`
`
`communications channels (’614 Patent, Claims 1, 88)
`criterion, a first communications channel from the plurality of
`communications channels and at least one performance
`selecting, based upon performance of a plurality of
`
`communications channels (’614 Patent, Claim 93)
`criterion, a first communications channel from the plurality of
`communications channels and at least one performance
`select, based upon performance of a plurality of
`
`of communications channels (’614 Patent, Claim 93)
`criterion, a fourth communications channel from the plurality
`communications channels and the at least one performance
`select, based upon the performance of the plurality of
`
`
`
`
`
`
`
`of communications channels (’614 Patent, Claims 36, 88)
`criterion, a fourth communications channel from the plurality
`communications channels and the at least one performance
`selecting, based upon the performance of the plurality of
`
`
`
`Case 1:14-cv-00436-LY Document 103-1 Filed 03/14/16 Page 5 of 17
`
`Page 5
`
`

`
`’608 Patent, Claims 1, 3
`23, 27;
`’624 Patent, Claims 1, 3, 5, 9, 11, 15, 21,
`
`Plain and ordinary meaning
`
`’608 Patent, Claim 1)
`communications channels (’624 Patent, Claims 1, 5, 9, 21;
`more communications channels from the plurality of
`communications channels at a first time, a first set of two or
`selecting, based upon performance of a plurality of
`
`
`
`Patent, Claims 1, 5, 9, 21; ’608 Patent, Claim 1)
`channels from the plurality of communications channels (’624
`the first time, a second set of two or more communications
`communications channels at a second time that is later than
`selecting, based upon performance of the plurality of
`
`Case 1:14-cv-00436-LY Document 103-1 Filed 03/14/16 Page 6 of 17
`
`- 6 -
`
`
`
`’608 Patent, Claim 3
`’624 Patent, Claims 3, 11, 15, 23, 27;
`’418 Patent, Claims 2, 6;
`
`use)
`a binary expression (to use or not
`
`
`
`3)
`(’624 Patent, Claims 3, 11, 15, 23, 27; ’608 Patent, Claims 1,
`channels from the plurality of communications channels
`selection criteria, the first set of two or more communications
`communications channels at the first time and channel
`selecting, based upon the performance of the plurality of
`
`vote
`27; ’608 Patent, Claims 1, 3)
`communications channels (’624 Patent, Claims 3, 11, 15, 23,
`communications channels from the plurality of
`selection criteria, the second set of two or more
`communications channels at the second time and the channel
`selecting, based upon the performance of the plurality of
`
`
`
`
`
`Page 6
`
`

`
`’624 Patent, Claim 5
`
`communications channels
`the plurality of
`communications channels from
`set of two or more
`channels at a first time, a first
`plurality of communications
`upon performance of the
`Functions: selecting, based
`
`
`
`communications channels
`channels from the plurality of
`two or more communications
`the first time, a second set of
`second time that is later than
`communications channels at a
`performance of the plurality of
`selecting, based upon
`
`channels from the plurality of communications channels
`the first time, a second set of two or more communications
`of communications channels at a second time that is later than
`means for selecting, based upon performance of the plurality
`
`communications channels
`more communications channels from the plurality of
`communications channels at a first time, a first set of two or
`means for selecting, based upon performance of a plurality of
`
`
`
`satisfy one or more criteria
`and (2) chooses channels that
`data to one or more criteria;
`compares channel performance
`out an algorithm that (1)
`processor programmed to carry
`comprising a memory and a
`channel selector apparatus
`Structure: communications
`
`
`
`
`
`- 7 -
`
`
`
`
`
`Case 1:14-cv-00436-LY Document 103-1 Filed 03/14/16 Page 7 of 17
`
`Page 7
`
`

`
`88, 93
`Claims 8, 36,
`’614 Patent,
`
`Claim 88
`’418 Patent,
`Claims
`
`communications frequency
`communications system over one separate
`devices or mechanisms1 in the
`mechanisms that communicate with other
`data to one or more devices or
`transmitting the first channel identification
`Bandspeed's Proposed Construction
`
`
`
`frequency
`first separate communications
`communications frequency is not the
`frequencies, wherein the third separate
`plurality of separate communications
`communications frequency of the
`mechanisms over a third separate
`communicate with other devices or
`to the first device or mechanism that
`providing the channel identification data
`for the remainder of this claim term.
`proposes the plain and ordinary meaning
`by the bold/italicized portion), and
`and “participants” as agreed (as indicated
`has construed “communications channel,”
`For this proposed construction, Bandspeed
`
`communicate with other devices or
`data to a first device or mechanism that
`providing the first channel identification
`
`
`
`Bandspeed.
`1 Bold and italics indicates that the text from an agreed term has been included in the plain and ordinary meaning proposed by
`
`participant over a second
`identification data to a first
`providing the first channel
`
`- 8 -
`
`
`
`that has not been identified as a channel
`data to a first participant over a channel
`providing the first channel identification
`
`
`
`be used
`has not been identified as a channel not to
`to the first participant over a channel that
`providing the channel identification data
`
`channel (’614 Patent, Claim 8)
`not the first communications
`communications channel is
`wherein the third
`communications channels,
`the plurality of
`communications channel of
`participant over a third
`identification data to the first
`providing the channel
`
`
`
`Disputed Terms
`
`Case 1:14-cv-00436-LY Document 103-1 Filed 03/14/16 Page 8 of 17
`
`Defendants' Proposed Construction
`
`channel
`system over a single communications
`participants in the communications
`identification data to one or more
`transmitting the first channel
`
`one communications channel
`communications system over
`more participants in the
`identification data to one or
`transmitting the first channel
`
`Term
`
`
`
`Page 8
`
`

`
`Claims
`
`frequency
`first separate communications
`communications frequency is not the
`frequencies, wherein the second separate
`plurality of separate communications
`communications frequency of the
`mechanisms over a second separate
`Bandspeed's Proposed Construction
`
`
`
`communications frequency
`frequency is not the fourth separate
`the fifth separate communications
`communications frequencies, wherein
`the plurality of separate
`separate communications frequency of
`other devices or mechanisms over a fifth
`mechanism that communicate with
`identification data to a second device or
`providing the second channel
`
`
`
`communications frequency
`frequency is not the first separate
`the second separate communications
`communications frequencies, wherein
`frequency of the plurality of separate
`over a second separate communications
`data to a first communications device
`provide the first channel identification
`
`- 9 -
`
`
`
`
`
`channel not to be used
`a channel that has not been identified as a
`data to a first communications device over
`providing the first channel identification
`
`as a channel not to be used
`over a channel that has not been identified
`identification data to a second participant
`providing the second channel
`
`Defendants' Proposed Construction
`
`not to be used
`
`
`
`
`
`
`
`36, 88)
`channel (’614 Patent, Claims
`not the fourth communications
`communications channel is
`wherein the fifth
`communications channels,
`the plurality of
`communications channel of
`participant over a fifth
`identification data to a second
`providing the second channel
`
`channel (’614 Patent, Claim
`not the first communications
`communications channel is
`wherein the second
`communications channels,
`channel of the plurality of
`second communications
`communications device over a
`identification data to a first
`provide the first channel
`
`
`
`36, 88)
`channel (’614 Patent, Claims
`not the first communications
`communications channel is
`wherein the second
`communications channels,
`the plurality of
`communications channel of
`
`Term
`
`
`
`Case 1:14-cv-00436-LY Document 103-1 Filed 03/14/16 Page 9 of 17
`
`Page 9
`
`

`
`88, 93
`Claims 8, 36,
`’614 Patent,
`
`communications frequency
`the performance of the third separate
`mechanisms includes data that indicates
`communicate with other devices or
`first device or mechanism that
`wherein the first communication from the
`remainder of these claim terms.
`the plain and ordinary meaning for the
`the bold/italicized portion), and proposes
`“participants,” as agreed (as indicated by
`“communications channel” and
`Bandspeed has construed
`For these proposed constructions,
`
`communications frequency
`performance of the second separate
`first performance data that indicates the
`wherein the first communication includes
`
`
`
`
`
`
`
`communications frequency
`frequency is not the fourth separate
`the fifth separate communications
`communications frequencies, wherein
`frequency of the plurality of separate
`over a fifth separate communications
`data to a second communications device
`provide the second channel identification
`
`
`
`Claims
`
`Bandspeed's Proposed Construction
`
`Defendants' Proposed Construction
`
`Case 1:14-cv-00436-LY Document 103-1 Filed 03/14/16 Page 10 of 17
`
`- 10 -
`
`
`
`transmit the identification data
`specific communications channel used to
`data that indicates the performance of the
`identification data includes performance
`participant in response to the channel
`the first communication from the
`
`channel (’614 Patent, Claim 8)
`the third communications
`indicates the performance of
`participant includes data that
`communication from the first
`wherein the first
`
`channel (’614 Patent, Claims
`the second communications
`indicates the performance of
`performance data that
`communication includes first
`wherein the first
`
`
`
`not to be used
`that has not been identified as a channel
`communications device over a channel
`identification data to a second
`providing the second channel
`
`
`
`93)
`channel (’614 Patent, Claim
`not the fourth communications
`communications channel is
`wherein the fifth
`communications channels,
`of the plurality of
`fifth communications channel
`communications device over a
`identification data to a second
`provide the second channel
`
`
`
`Term
`
`93)
`
`
`
`Page 10
`
`

`
`Claims 1, 6, 11
`’643 Patent,
`7, 11, 12
`Claims 1, 2, 6,
`’643 Patent,
`20, 21, 23, 29
`6, 14, 16, 17,
`Claims 1, 2, 5,
`’500 Patent,
`Claim 14
`’624 Patent,
`8, 11, 13
`Claims 1, 3, 6,
`’643 Patent,
`
`2 Bandspeed proposed this alternative construction as a compromise on February 23, 2016.
`
`
`- 11 -
`
`
`
`upon performance”
`channel that is not to be used based
`Plain and ordinary meaning or “a
`performance”
`that is to be used based upon
`Plain and ordinary meaning or “a channel
`
`criterion or threshold
`performance does not exceed a specified
`a communications channel whose
`criterion or threshold
`performance exceeds a specified
`a communications channel whose
`
`bad channel
`
`good channel
`
`when no alternative is specified”
`selected hopping sequence adopted
`Plain and ordinary meaning or “a
`
`performance
`not change based on channel
`an original hopping sequence that does
`
`sequence
`the default hopping
`
`Indefinite
`
`the hopping sequence
`
`or more communications channels
`a register for storing a default set of two
`
`default channel register
`
`
`
`Claims
`
`Bandspeed's Proposed Construction
`
`Defendants' Proposed Construction
`
`Term
`
`Case 1:14-cv-00436-LY Document 103-1 Filed 03/14/16 Page 11 of 17
`
`Plain and ordinary meaning
`channels2
`default set of two or more communication
`a register for storing values that identify a
`remainder of this claim term.
`the plain and ordinary meaning for the
`the bold/italicized portion), and proposes
`“participant,” as agreed (as indicated by
`“communications channel” and
`Bandspeed has construed
`For these proposed constructions,
`
`
`
`separate communications frequency
`indicates the performance of the fifth
`includes second performance data that
`wherein the second communication
`
`
`
`36, 88, 93)
`channel (’614 Patent, Claims
`the fifth communications
`indicates the performance of
`second performance data that
`communication includes
`wherein the second
`
`36, 88, 93)
`
`
`
`Page 11
`
`

`
`participants
`communications between the pair of
`communications channels to be used for
`causing the second set of two or more
`
`Claim 5
`’624 Patent,
`Claims
`
`a pair of participants
`to be used for communications between
`of two or more communications channels
`Functions: (agreed): causing the first set
`Bandspeed's Proposed Construction
`
`
`
`
`
`Claim 5
`’624 Patent,
`
`third participant over the default set of
`Function (agreed): communicating with a
`
`apparatus
`communications channel selector
`from the set identified by the
`Structure: selection kernel which selects
`
`- 12 -
`third participant over the default set of
`Function (agreed): communicating with a
`second set of channels
`the one or more participants using the
`participants; and (3) communicates with
`the identification data to one or more
`the second set of channels; (2) transmits
`that (1) generates identification data for
`programmed to carry out an algorithm
` transceiver, a memory, and a processor
`
`
`
` a
`
`channels
`participants using the first set of
`communicates with the one or more
`data to one or more participants; and (3)
`channels; (2) transmits the identification
`identification data for the first set of
`algorithm that (1) generates
`a processor programmed to carry out an
`Structures: a transceiver, a memory, and
`
`a pair of participants
`to be used for communications between
`of two or more communications channels
`Functions (agreed): causing the first set
`Defendants' Proposed Construction
`
`
`
`participants
`communications between the pair of
`communications channels to be used for
`causing the second set of two or more
`
`
`
`to communicate with a third
`means for the first participant
`
`between a pair of participants
`be used for communications
`communications channels to
`of two or more
`means for causing the first set
`
`Term
`
`participants
`between the pair of
`be used for communications
`communications channels to
`set of two or more
`means for causing the second
`
`
`
`Case 1:14-cv-00436-LY Document 103-1 Filed 03/14/16 Page 12 of 17
`
`Page 12
`
`

`
`Patent, Claim 5
`Claim 4; ’608
`’624 Patent,
`
`Claims
`
`a means plus function claim limitation:
`Alternatively, if the Court finds that this is
`
`that identifies the first set of two or
`Functions (agreed): storing information
`
`
`
`
`
`register”
`communication frequencies in the first
`that identifies the second set of separate
`first register” and “storing information
`separate communication frequencies in a
`information that identifies the first set of
`Alternatively, Plaintiff proposes: “storing
`
`necessary.
`limitation and no construction is
`Not a means plus function claim
`
`
`
`
`
`more communications channels
`participant over the second set of two or
`communicating with the second
`more communications channels and while
`participant over the first set of two or
`while communicating with the second
`two or more communications channels
`Bandspeed's Proposed Construction
`
`apparatus; a transceiver
`communications channel selector
`from the set identified by the
`Structure: a selection kernel which selects
`
`
`
`- 13 -
`
`
`
`register
`communication frequencies in the first
`second set of two or more separate
`storing information that identifies the
`
`structure; indefinite
`Structure: Lacks corresponding
`
`
`
`frequencies in a first register
`more separate communication
`that identifies the first set of two or
`Function (agreed): storing information
`
`
`
`channels to be loaded into the
`or more communications
`causing the second set of two
`
`
`
`communications device
`first register of the
`channels to be loaded into a
`more communications
`causing the first set of two or
`
`causes:”)
`processed by the processor,
`instructions which, when
`memory further includes
`statement “wherein the
`introduced by the preamble
`(The terms below are
`
`
`
`Defendants' Proposed Construction
`
`more communications channels
`participant over the second set of two or
`while communicating with the second
`more communications channels and
`participant over the first set of two or
`while communicating with the second
`two or more communications channels
`
`Structure: transceiver 216
`
`
`
`communications channels
`second set of two or more
`second participant over the
`while communicating with the
`communications channels and
`first set of two or more
`second participant over the
`while communicating with the
`communications channels
`of two or more
`participant over the default set
`
`Term
`
`Case 1:14-cv-00436-LY Document 103-1 Filed 03/14/16 Page 13 of 17
`
`Page 13
`
`

`
`instructions which, when processed by the one or more processors, causes:” (’643 Patent, Claim 11).
`more processors causes:” (’643 Patent, Claim 6) and “An apparatus, comprising: one or more processors; and a memory storing
`for managing the use of communications channels for a communications system, wherein processing of the instructions by one or
`3 Both terms are introduced by the following preamble statements: “A non-transitory computer-readable medium storing instructions
`
`
`- 14 -
`
`
`
`11
`Claims 6 and
`’643 Patent,
`
`Claims
`
`in a default register
`more separate communication frequencies
`that identifies the default set of two or
`Functions (agreed): storing information
`
`good set of two or more separate
`storing information that identifies the
`
`
`
`function,
`limitation qualifies as means-plus-
`or, only if the Court determines this
`limitation and no construction necessary
`Not a means-plus-function claim
`a register
`of separate communication frequencies in
`algorithm for storing information the set
`device/participant that executes the
`Structure: a processor associated with a
`
`frequencies in a first register
`more separate communication
`Bandspeed's Proposed Construction
`
`
`
`register
`communication frequencies in the first
`second set of two or more separate
`storing information that identifies the
`
`
`
`
`
`in a default register
`more separate communication frequencies
`that identifies the default set of two or
`Functions (agreed): storing information
`
`indefinite
`Structure: Lacks corresponding structure;
`
`
`
`register
`communication frequencies in a good
`good set of two or more separate
`storing information that identifies the
`
`
`
`into a good channel register
`loading a set of good channels
`
`
`
`register3
`channels into a default channel
`loading a set of default
`
`Defendants' Proposed Construction
`
`communications device
`first register of the
`Term
`
`
`
`Case 1:14-cv-00436-LY Document 103-1 Filed 03/14/16 Page 14 of 17
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`Page 14
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`Claim 88
`’614 Patent,
`
`limitation and no construction necessary
`Not a means-plus-function claim
`
`- 15 -
`channel identification data that both
`Functions (agreed): generating first
`
`
`
`more communications channels
`data that identifies the second set of two or
`generating second channel identification
`
`indefinite
`Structure: Lacks corresponding structure;
`
`
`
`communications channels
`the first set of two or more
`channel identification data that identifies
`Functions (agreed): generating first
`
`
`
`channels
`more communications
`identifies the first set of two or
`identification data that
`generating first channel
`
`introduced by “A computer-
`(The terms below are
`channels
`two or more communications
`identifies the second set of
`identification data that
`generating second channel
`
`
`
`perform the steps of:”)
`one or more processors to
`more processors, cause the
`when executed by the one or
`sequences of instructions that,
`statement, “one or more
`introduced by the preamble
`(The terms below are
`
`
`
`Claims
`
`Defendants' Proposed Construction
`
`Term
`
`register
`communication frequencies in a good
`Bandspeed's Proposed Construction
`
`
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`Case 1:14-cv-00436-LY Document 103-1 Filed 03/14/16 Page 15 of 17
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`Claim 88;
`Patent,
`’418
`
`qualifies as means-plus-function,
`the Court determines this limitation
`and no construction necessary or, only if
`Not a means-plus-function claim limitation
`channel register
`default/good channels in a default/good
`channel numbers that identifies the set of
`executes the algorithm for storing the
`associated with a device/participant that
`Structure: a processor/selection kernel
`
`more communications channels
`data that identifies the second set of two or
`generating second channel identification
`
`two or more communications channels
`identification data identifying the set of
`algorithm for generating channel
`device/participant that executes the
`Structure: a processor associated with a
`
`
`
`
`
`communications channels
`the first set of two or more
`channel identification data that identifies
`Functions (agreed): generating first
`
`
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`Page 15
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`

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`Claim 93
`’614 Patent,
`
`channel identification data that both
`Functions (agreed): generating first
`
`- 16 -
`channel identification data that both
`Functions (agreed): generating first
`
`
`
`Claims
`
`function,
`limitation qualifies as means- plus-
`or, only if the Court determines this
`Bandspeed's Proposed Construction
`
`channel is not to be used
`and specifies that the first communications
`identifies the first communications channel
`
`Defendants' Proposed Construction
`
`
`
`to be used
`the fourth communications channel is not
`communications channel and specifies that
`data that both identifies the fourth
`generating second channel identification
`
`channel is not to be used
`and specifies that the first communications
`identifies the first communications channel
`channel identification data that both
`Functions (agreed): generating first
`
`to be used
`the fourth communications channel is not
`communications channel and specifies that
`data that both identifies the fourth
`generating second channel identification
`
`not to be used
`specifying that communications channel is
`communications channel while also
`identification data identifying a
`algorithm for generating channel
`device/participant that executes the
`Structure: a processor associated with a
`
`
`
`
`
`
`
`indefinite
`Structure: Lacks corresponding structure;
`
`
`
`the steps of:”)
`more processors to perform
`processors causes the one or
`instructions by one or more
`the one or more sequences of
`protocol, wherein execution of
`uses a frequency hopping
`a communications system that
`communications channels for
`instructions for selecting
`or more sequences of
`readable medium carrying one
`
`Term
`
`
`
`not to be used
`communications channel is
`specifies that the first
`communications channel and
`identifies the first
`identification data that both
`generating first channel
`
`not to be used
`communications channel is
`specifies that the fourth
`communications channel and
`identifies the fourth
`identification data that both
`generating second channel
`
`introduced by “a mechanism
`(The terms below are
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`
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`
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`Case 1:14-cv-00436-LY Document 103-1 Filed 03/14/16 Page 16 of 17
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`Page 16
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`to be used
`the fourth communications channel is not
`communications channel and specifies that
`data that both identifies the fourth
`generating second channel identification
`
`Claims
`
`channel is not to be used
`and specifies that the first communications
`identifies the first communications channel
`Bandspeed's Proposed Construction
`
`Defendants' Proposed Construction
`
`channel is not to be used
`and specifies that the first communications
`identifies the first communications channel
`
`to be used
`the fourth communications channel is not
`communications channel and specifies that
`data that both identifies the fourth
`generating second channel identification
`
`not to be used
`specifying that communications channel is
`communications channel while also
`identification data identifying a
`algorithm for generating channel
`device/participant that executes the
`Structure: a processor associated with a
`
`
`
`
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`- 17 -
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`
`
`indefinite
`Structure: Lacks corresponding structure;
`
`
`
`
`
`not to be used;
`communications channel is
`specifies that the fourth
`communications channel and
`identifies the fourth
`identification data that both
`generate second channel
`
`
`
`not to be used;
`communications channel is
`specifies that the first
`communications channel and
`identifies the first
`identification data that both
`generate first channel
`
`to:”)
`the interface and configured
`communicatively coupled to
`
`Term
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`Case 1:14-cv-00436-LY Document 103-1 Filed 03/14/16 Page 17 of 17
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`Page 17