PRIVILIGED AND CONDFIDENTIAL
`PRIVILIGED AND CONDFIDENTIAL
`
`IN THE UNITED STATES DISTRICT COURT
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`MARSHALL DIVISION
`
`Civil Action No. 2:17-CV-00101-RWS-RSP
`Civil Action No. 2:17-CV-00101-RWS-RSP
`
`JURY TRIAL DEMANDED
`JURY TRIAL DEMANDED
`
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`RED ROCK ANALYTICS, LLC
`RED ROCK ANALYTICS, LLC
`
`Plaintiff,
`Plaintiff,
`
`v.
`v.
`
`SAMSUNG ELECTRONICS CO.,
`SAMSUNG ELECTRONICS CO.,
`LTD., SAMSUNG ELECTRONICS
`LTD., SAMSUNG ELECTRONICS
`AMERICA, INC., SAMSUNG
`AMERICA, INC., SAMSUNG
`SEMICONDUCTOR, INC., and
`SEMICONDUCTOR, INC., and
`SAMSUNG AUSTIN
`SAMSUNG AUSTIN
`SEMICONDUCTOR, LLC
`SEMICONDUCTOR, LLC
`
`Defendants.
`Defendants.
`
`RED ROCK ANALYTICS, LLC’S PROPOSED TERMS AND CLAIM ELEMENTS FOR
`RED ROCK ANALYTICS, LLC'S PROPOSED TERMS AND CLAIM ELEMENTS FOR
`CONSTRUCTION
`CONSTRUCTION
`
`Page 1 of 7
`
`SAMSUNG EXHIBIT 1026
`Samsung Electronics Co., Ltd. v. Red Rock Analytics, LLC
`IPR2018-00556
`
`

`

`Pursuant to the Court's Docket Control Order (Dkt. No. 41) and P.R. 4-2, Plaintiff Red
`
`Rock Analytics, LLC ("Red Rock") serves its Preliminary Claim Constructions and Extrinsic
`
`Evidence for U.S. Patent No. 7,346,313 ("the '313 Patent"). Red Rock's preliminary claim
`
`constructions and extrinsic evidence are based upon information currently available to Red Rock.
`
`Red Rock has not completed discovery and has not received Defendants' proposed constructions.
`
`Red Rock, therefore, reserves the right to amend or otherwise supplement the preliminary
`
`proposed constructions as appropriate in light of their plain and ordinary meaning and
`
`Defendants' proposed constructions. Nothing in this submission should be construed to be an
`
`admission by Defendants.
`
`I. PRELIMINARY CLAIM CONSTRUCTIONS
`
`Term
`"calibrate/calibrating"
`(asserted claims 1, 38, 44,
`59, 69)
`
`Preliminary Claim Construction Extrinsic Evidence
`No construction necessary; plain
`calibrate (Modern Dictionary
`and ordinary meaning applies.
`of Elecs. 7th Ed.): 1. To
`ascertain, by measurement or
`by comparison with a standard,
`any variations in the readings
`of another instrument, or to
`correct the readings.
`
`Alternatively: "observe in order to
`correct"
`
`calibrate (Merriam Webster):
`3: to standardize (something,
`such as a measuring
`instnunent) by determining the
`deviation from a standard so as
`to ascertain the proper
`correction factors.
`
`Deposition of Jack Yang. See,
`e.g. 56:12-25.
`
`radio signal (IEEE 6th Ed.): A
`carrier in the RF range that is
`modulated by an
`electromagnetic signal.
`
`signal (IEEE 6th Ed.): (9)
`(circuits and systems). A
`phenomenon (visual, audible, or
`otherwise) used to convey
`
`"and which in turn"
`(asserted claims 1, 7, 16,
`22, 32)
`"RF receive signal"
`(asserted claims 7, 16, 22,
`32, 44, 59, 69)
`
`"and also"
`
`No construction necessary; plain
`and ordinary meaning applies.
`
`Alternatively: "signal at radio
`frequency that is provided to a
`receive chain"
`
`1
`
`Page 2 of 7
`
`

`

`information. The signal is often
`information. The signal is often
`coded, such as a modulated
`coded, such as a modulated
`waveform, so that it requires
`waveform, so that it requires
`decoding to be intelligible.
`decoding to be intelligible.
`
`signal (Modern Dictionary of
`signal (Modern Dictionary of
`Elecs. 7th Ed.): 4. An electrical
`Elecs. 7th Ed.): 4. An electrical
`wave used to convey
`wave used to convey
`information.
`information.
` independently (Oxford): 1. In a
`independently (Oxford): 1. In a
`way that is free from outside
`way that is free from outside
`control or influence. 3. In a way
`control or influence. 3. In a way
`that is not connected with
`that is not connected with
`another; individually.
`another; individually.
`
`independent (American
`independent (American
`Heritage): 3. Not determined or
`Heritage): 3. Not dete 1111ined or
`influenced by someone or
`influenced by someone or
`something else; not contingent:
`something else; not contingent:
`a decision independent of the
`a decision independent of the
`outcome of the study.
`outcome of the study.
`gain (Modern Dictionary of
`gain (Modern Dictionary of
`Elecs. 7th Ed.): 2. The ratios of
`Elecs. 7th Ed.): 2. The ratios of
`voltage, power, or current with
`voltage, power, or current with
`respect to a standard or
`respect to a standard or
`previous reading. 3. Any
`previous reading. 3. Any
`increase in the strength of an
`increase in the strength of an
`electrical signals, as takes place
`electrical signals, as takes place
`in an amplifier.
`in an amplifier.
`
`transmission gain (IEEE 6th
`transmission gain (IEEE 6th
`Ed.): (data transmission).
`Ed.): (data transmission).
`General term used to denote an
`General term used to denote an
`increase in signal power in
`increase in signal power in
`transmission from one point to
`transmission from one point to
`another. Gain is usually
`another. Gain is usually
`expressed in decibels and is
`expressed in decibels and is
`widely used to denote
`widely used to denote
`transducer gain.
`transducer gain.
`
`Deposition of Jack Yang. See,
`Deposition of Jack Yang. See,
`e.g. 55:23-56:11.
`e.g. 55:23-56:11.
`differential (Merriam-Webster):
`differential (Merriam-Webster):
`of, relating to, or constituting a
`of, relating to, or constituting a
`difference: distinguishing.
`difference: distinguishing.
`
`differential (Oxford): 1. Of,
`differential (Oxford): 1. Of,
`showing, or depending on a
`showing, or depending on a
`difference; differing or varying
`difference; differing or varying
`according to circumstances or
`according to circumstances or
`
`“independently calibrate
`"independently calibrate
`the I-Q gain balance of
`the I-Q gain balance of
`the both transmit and
`the both transmit and
`receive chains in their
`receive chains in their
`entirety” (asserted claims
`entirety" (asserted claims
`1, 38)
`1, 38)
`
`No construction necessary; plain
`No construction necessary; plain
`and ordinary meaning applies.
`and ordinary meaning applies.
`
`Alternatively: “calibrated the I-Q
`Alternatively: "calibrated the I-0 -,
`gain balance of the entire transmit
`gain balance of the entire transmit
`chain separately from the I-Q gain
`chain separately from the I-Q gain
`balance of the entire receive
`balance of the entire receive
`chain”
`chain"
`
`“I-Q gain settings”
`"I-Q gain settings"
`(asserted claims 1, 7, 16,
`(asserted claims 1, 7, 16,
`22, 32, 44, 59, 69)
`22, 32, 44, 59, 69)
`
`No construction necessary; plain
`No construction necessary; plain
`and ordinary meaning applies.
`and ordinary meaning applies.
`
`Alternatively: “the gain in the I-
`Alternatively: "the gain in the I-
`channel and the gain in the Q
`channel and the gain in the Q
`channel”
`channel"
`
`“differential I-Q gain”
`"differential I-Q gain"
`(asserted claims 5, 6, 7,
`(asserted claims 5, 6, 7,
`16, 22, 32, 42, 44, 59, 69)
`16, 22, 32, 42, 44, 59, 69)
`
`No construction necessary; plain
`No construction necessary; plain
`and ordinary meaning applies.
`and ordinary meaning applies.
`
`Alternatively: “the difference in
`Alternatively: "the difference in
`the gain of the I-channel compared
`the gain of the I-channel compared
`to the gain in the corresponding Q-
`to the gain in the corresponding Q-
`channel”
`channel"
`
`
`
`2 2
`
`Page 3 of 7
`
`

`

`relevant factors. 1.3. Relating to
`relevant factors. 1.3. Relating to
`a difference in a physical
`a difference in a physical
`quantity.
`quantity.
`
`differential (American
`differential (American
`Heritage): 1. Of, relating to, or
`Heritage): 1. Of, relating to, or
`showing a difference.
`showing a difference.
`
`Deposition of Jack Yang. See,
`Deposition of Jack Yang. See,
`e.g. 55:23-56:11.
`e.g. 55:23-56:11.
`Deposition of Jack Yang. See,
`Deposition of Jack Yang. See,
`e.g. 56:12-25.
`e.g. 56:12-25.
`
`
`
`
`phase modulator (Modern
`phase modulator (Modern
`Dictionary of Elecs. 7th Ed.): a
`Dictionary of Elecs. 7th Ed.): a
`circuit that modulates the phase
`circuit that modulates the phase
`of a carrier signal.
`of a carrier signal.
`
`
`phasor (IEEE 6th Ed.): (1) A
`phasor (IEEE 6tn Ed.): (1) A
`complex number expressing the
`complex number expressing the
`magnitude and phase of a time-
`magnitude and phase of a time-
`varying quantity. Unless
`varying quantity. Unless
`otherwise specified, it is used
`otherwise specified, it is used
`only within the context of
`only within the context of
`steady-state alternating linear
`steady-state alternating linear
`system. In polar coordinates, it
`system. In polar coordinates, it
`can be written as Aejϕ, where A
`can be written as Aeon, where A
`is the amplitude or magnitude
`is the amplitude or magnitude
`(usually rms, but sometimes
`(usually rms, but sometimes
`indicated as peak value) and ϕ
`indicated as peak value) and (I)
`is the phase angle. The phase
`is the phase angle. The phase
`angle ϕ should not be confused
`angle (I) should not be confused
`with the space angle of a vector.
`with the space angle of a vector.
`See phasor (IEEE 6th Ed.)
`See phasor (IEEE 6tn Ed.)
`above.
`above.
`
`See phasor (IEEE 6th Ed.)
`See phasor (IEEE 6tn Ed.)
`above.
`above.
`
`“baseband I-Q
`"baseband I-Q
`amplification subsystem”
`amplification subsystem"
`(asserted claims 7, 16, 22,
`(asserted claims 7, 16, 22,
`32, 44, 59, 69)
`32, 44, 59, 69)
`
`“the imbalanced chain”
`"the imbalanced chain"
`(asserted claims 6, 16, 32,
`(asserted claims 6, 16, 32,
`43, 69)
`43, 69)
`
`“a slowly time-varying
`"a slowly time-varying
`phase
`phase
`modulation/modulating
`modulation/modulating
`[subsystem]”
`[subsystem]"
`(asserted claims
`(asserted claims
`10, 25, 47, 62, 74)
`10, 25, 47, 62, 74)
`
`“sampled phasor”
`"sampled phasor"
`(asserted claims 12, 18,
`(asserted claims 12, 18,
`27, 34, 49, 64, 71)
`27, 34, 49, 64, 71)
`
`No construction necessary; plain
`No construction necessary; plain
`and ordinary meaning applies.
`and ordinary meaning applies.
`
`Alternatively: “one or more
`Alternatively: "one or more
`baseband amplifiers on the I and Q
`baseband amplifiers on the I and Q
`channels”
`channels"
`No construction necessary; plain
`No construction necessary; plain
`and ordinary meaning applies.
`and ordinary meaning applies.
`
`Alternatively: “the chain with a
`Alternatively: "the chain with a
`gain imbalance”
`gain imbalance"
`No construction necessary; plain
`No construction necessary; plain
`and ordinary meaning applies.
`and ordinary meaning applies.
`
`Alternatively: “[a subsystem that
`Alternatively: "[a subsystem that
`changes]/[changing] the phase of
`changes]/[changing] the phase of
`the calibration RF signal between
`the calibration RF signal between
`calibration cycles”
`calibration cycles"
`No construction necessary; plain
`No construction necessary; plain
`and ordinary meaning applies.
`and ordinary meaning applies.
`
`Alternatively: “a phasor that is
`Alternatively: "a phasor that is
`observed by the transceiver at a
`observed by the transceiver at a
`sampling rate”
`sampling rate"
`
`“discrete phasor”
`"discrete phasor"
`(asserted claims 13, 19,
`(asserted claims 13, 19,
`28, 35, 50, 65, 72)
`28, 35, 50, 65, 72)
`
`“discrete phasor
`"discrete phasor
`comprising jn or j-n”
`comprising jn or j-n"
`(asserted claims 14, 20,
`(asserted claims 14, 20,
`29, 36, 51, 66, 73)
`29, 36, 51, 66, 73)
`
`No construction necessary; plain
`No construction necessary; plain
`and ordinary meaning applies.
`and ordinary meaning applies.
`
`Alternatively: “a phasor that
`Alternatively: "a phasor that
`comprises at least one set of
`comprises at least one set of
`discrete values”
`discrete values"
`No construction necessary; plain
`No construction necessary; plain
`and ordinary meaning applies.
`and ordinary meaning applies.
`
`Alternatively: “a phasor that
`Alternatively: "a phasor that
`
`3 3
`
`Page 4 of 7
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`

`

`*“amplification means
`*"amplification means
`for amplifying the
`for amplifying the
`transmit signal at the
`transmit signal at the
`intermediate frequency”
`intermediate frequency"
`(asserted claim 31, 68)
`(asserted claim 31, 68)
`
`
`
`
`
`comprises at least one set of
`comprises at least one set of
`discrete values including jn or j-n”
`discrete values including in or r"
`Claimed function: amplifying the
`Claimed function: amplifying the
`transmit signal at the intermediate
`transmit signal at the intermediate
`frequency
`frequency
`
`Corresponding structure: amplifier
`Corresponding structure: amplifier
`[54]
`[54]
`*“means for preventing
`Claimed function: preventing the
`*"means for preventing
`Claimed function: preventing the
`signal path for injecting the
`the signal path for
`signal path for injecting the
`the signal path for
`calibration RF signal from
`injecting the calibration
`calibration RF signal from
`injecting the calibration
`permanently imparting an
`RF signal from
`permanently imparting an
`RF signal from
`permanently imparting an
`unfavorable net phase shift from
`permanently imparting an unfavorable net phase shift from
`unfavorable net phase
`baseband transmit to baseband
`unfavorable net phase
`baseband transmit to baseband
`shift from baseband
`receive
`shift from baseband
`receive
`transmit to baseband
`
`transmit to baseband
`receive” (asserted claims
`Corresponding structure:
`receive" (asserted claims
`Corresponding structure:
`8, 23)
`a circuit layout forming the
`(i)
`8, 23)
`a circuit layout forming the
`(i)
`injection signal path
`injection signal path
`designed to be
`designed to be
`approximately an odd
`approximately an odd
`multiple of 45°; or
`multiple of 45°; or
`a phase-control element,
`a phase-control element,
`such as phase control [140]
`such as phase control [140]
`Red Rock proposes that the terms marked with * should be construed in accordance with
`Red Rock proposes that the terms marked with * should be construed in accordance with
`
`(ii)
`(ii)
`
`35 U.S.C. § 112(6).
`35 U.S.C. § 112(6).
`II. EXTRINSIC EVIDENCE
`II. EXTRINSIC EVIDENCE
`At this time, Red Rock does not intend to rely on the testimony of expert witnesses to
`At this time, Red Rock does not intend to rely on the testimony of expert witnesses to
`
`support its claim constructions; however, Red Rock reserves the right to rely on Dr. Christopher
`support its claim constructions; however, Red Rock reserves the right to rely on Dr. Christopher
`
`Jones to rebut (1) any expert evidence proffered by Defendants, or (2) any assertion by
`Jones to rebut (1) any expert evidence proffered by Defendants, or (2) any assertion by
`
`Defendants that certain terms or phrases are invalid for failing to comply with 35 U.S.C. § 112.
`Defendants that certain terms or phrases are invalid for failing to comply with 35 U.S.C. § 112.
`
`Red Rock also reserves the right to rely on any and all forms of intrinsic evidence, including but
`Red Rock also reserves the right to rely on any and all forms of intrinsic evidence, including but
`
`not limited to the prosecution history of the ’313 Patent and IPR2017-01490. The dictionaries
`not limited to the prosecution history of the '313 Patent and 1PR2017-01490. The dictionaries
`
`cited as extrinsic evidence above are provided in Exhibits A-F.
`cited as extrinsic evidence above are provided in Exhibits A-F.
`
`
`DATED: December 19, 2017
`DATED: December 19, 2017
`
`Respectfully submitted,
`Respectfully submitted,
`
`By: /s/ J. Boone Baxter
`
`
`
`By:
`/s/ J. Boone Baxter
`Leslie V. Payne (Texas Bar No. 00784736)
`Leslie V. Payne (Texas Bar No. 00784736)
`lpayne@hpcllp.com
`1payne@hpcllp.com
`
`
`
`4 4
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`Page 5 of 7
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`Miranda Y. Jones (Texas Bar No. 24065519)
`Miranda Y. Jones (Texas Bar No. 24065519)
`mjones@hpcllp.com
`mjones@hpcllp.com
`R. Allan Bullwinkel (Texas Bar No. 24064327)
`R. Allan Bullwinkel (Texas Bar No. 24064327)
`abullwinkel@hpcllp.com
`abullwinkel@hpcllp.com
`J. Boone Baxter (Texas Bar No. 24087150)
`J. Boone Baxter (Texas Bar No. 24087150)
`bbaxter@hpcllp.com
`bbaxter@hpcllp.com
`Alden G. Harris (Texas Bar No. 24083138)
`Alden G. Harris (Texas Bar No. 24083138)
`aharris@hpcllp.com
`aharris@hpcllp.com
`HEIM, PAYNE & CHORUSH, L.L.P.
`HEIM, PAYNE & CHORUSH, L.L.P.
`1111 Bagby, Suite 2100
`1111 Bagby, Suite 2100
`Houston, Texas 77002
`Houston, Texas 77002
`Telephone: (713) 221-2000
`Telephone: (713) 221-2000
`Facsimile: (713) 221-2021
`Facsimile• (713) 221-2021
`
`T. John Ward, Jr. (Texas Bar No. 00794818)
`T. John Ward, Jr. (Texas Bar No. 00794818)
`jw@wsfirm.com
`jw@wsfirm.com
`Claire Abernathy Henry (Texas Bar No. 24053063)
`Claire Abernathy Henry (Texas Bar No. 24053063)
`claire@wsfirm.com
`claire@wsfinn.com
`WARD, SMITH & HILL, PLLC
`WARD, SMITH & HILL, PLLC
`1507 Bill Owens Parkway
`1507 Bill Owens Parkway
`Longview, Texas 75604
`Longview, Texas 75604
`Telephone (903) 757-6400
`Telephone (903) 757-6400
`Facsimile (903) 757-2323
`Facsimile (903) 757-2323
`
`S. Calvin Capshaw (Texas Bar No. 03783900)
`S. Calvin Capshaw (Texas Bar No. 03783900)
`ccapshaw@capshawlaw.com
`ccapshaw@capshawlaw.com
`Elizabeth L. DeRieux (TX Bar No. 05770585)
`Elizabeth L. DeRieux (TX Bar No. 05770585)
`ederieux@capshawlaw.com
`ederieux@capshawlaw.com
`CAPSHAW DERIEUX LLP
`CAPSHAW DERIEUX LLP
`114 E. Commerce Ave.
`114 E. Commerce Ave.
`Gladewater, TX 75647
`Gladewater, TX 75647
`Telephone: (903) 845-5770
`Telephone: (903) 845-5770
`
`ATTORNEYS FOR RED ROCK ANALYTICS,
`ATTORNEYS FOR RED ROCK ANALYTICS,
`LLC
`LLC
`
`
`5 5
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`Page 6 of 7
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`CERTIFICATE OF SERVICE
`CERTIFICATE OF SERVICE
`
`
`
`I hereby certify that counsel of record for Defendants are being served with a copy of this
`I hereby certify that counsel of record for Defendants are being served with a copy of this
`
`document by e-mail on December 19, 2017.
`document by e-mail on December 19, 2017.
`
`
`
`
`
`
`
` /s/ J. Boone Baxter
`/s/ J. Boone Baxter
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`J. Boone Baxter
`J. Boone Baxter
`
`
`
`
`
`
`
`6 6
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`Page 7 of 7
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`