`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`
`
`XR COMMUNICATIONS LLC
` Plaintiff,
`
`-v-
`
`CISCO SYSTEMS, INC., MERAKI,
`LLC,
` Defendants.
`
`
`XR COMMUNICATIONS LLC
` Plaintiff,
`
`-v-
`
`SAMSUNG ELECTRONICS
`AMERICA, INC., SAMSUNG
`ELECTRONICS CO., LTD.,
` Defendants.
`
`
`XR COMMUNICATIONS LLC,
` Plaintiff,
`
`-v-
`
`MICROSOFT CORPORATION,
` Defendant.
`
`
`
`
`
`6:21-CV-00623-ADA
`
`
`
`
`
`
`6:21-CV-00626-ADA
`
`
`
`
`
`
`6:21-CV-00695-ADA
`
`
`§
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`CLAIM CONSTRUCTION ORDER
`
`The Court held a Markman hearing on September 1, 2022. During that hearing, the Court
`
`provided its final constructions. The Court now enters those claim constructions.
`
`
`
`SIGNED this 30th day of September, 2022.
`
`
`
`
`
`Exhibit 2009
`IPR2022-0367
`Page 1 of 9
`
`
`
`Case 6:21-cv-00623-ADA Document 56 Filed 09/30/22 Page 2 of 9
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`
`
`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`Exhibit 2009
`IPR2022-0367
`Page 2 of 9
`
`
`
`Case 6:21-cv-00623-ADA Document 56 Filed 09/30/22 Page 3 of 9
`
`Term
`
`Plaintiff’s Proposed
`Construction
`
`Defendants’ Proposed
`Construction
`
`Court’s Final Construction
`
`Exhibit 2009
`IPR2022-0367
`Page 3 of 9
`
`
`
`Case 6:21-cv-00623-ADA Document 56 Filed 09/30/22 Page 4 of 9
`
`Not subject to § 112, ¶ 6.
`Plain-and-ordinary meaning.
`
`
`#1: “signal
`transmission/reception
`coordination logic”
`
`U.S. Patent No. 8,289,939, All
`Asserted Claims
`
`Proposed by Defendants
`
`
`Plain and ordinary meaning;
`no construction necessary.
`
`Alternative proposed
`construction, should the term
`be treated as a means-plus-
`function limitation:
`
`Function: See below for cl.
`15, cl. 30.
`
`Claim 15: ascertaining, by
`monitoring the plurality of
`access points for received
`signals, that: a first access
`point of the plurality of access
`points is receiving a first
`signal on a first channel, a
`second access point of the
`plurality of access points is
`receiving a second signal that
`is ongoing on a second
`channel, restrain[ing] at least a
`third access point of the
`plurality of access points from
`transmitting a third signal on a
`third channel responsive to the
`ascertaining that the first
`access point is receiving the
`first signal and that the second
`access point is receiving the
`second signal that is ongoing-
`on the second channel,
`
`Means-plus-function;
`indefinite for lack of
`corresponding structure.
`
`
`
`
`
`Function:
`
`
`Claim 15: ascertaining, by
`monitoring the plurality of
`access points for received
`signals, that: a first access
`point of the plurality of access
`points is receiving a first
`signal on a first channel, a
`second access point of the
`plurality of access points is
`receiving a second signal that
`is ongoing on a second
`channel, restrain[ing] at least a
`third access point of the
`plurality of access points from
`transmitting a third signal on a
`third channel responsive to the
`ascertaining that the first
`access point is receiving the
`first signal and that the second
`access point is receiving the
`second signal that is ongoing-
`on the second channel,
`
`Exhibit 2009
`IPR2022-0367
`Page 4 of 9
`
`
`
`Case 6:21-cv-00623-ADA Document 56 Filed 09/30/22 Page 5 of 9
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`wherein the restraining at least
`the third access point prevents
`degradation to the first and
`second signals
`
`Claim 30: ascertaining, by
`monitoring the plurality of
`access points for received
`signals, that a first access point
`of the plurality of access points
`is receiving a first signal on a
`first channel, restrain[ing] at
`least a second access point of
`the plurality of access points
`from transmitting a second
`signal on a second channel
`different from the first channel
`responsive to the ascertaining
`that the first access point is
`receiving the first signal.
`
`
`wherein the restraining at least
`the third access point prevents
`degradation to the first and
`second signals.
`
`Claim 30: ascertaining, by
`monitoring the plurality of
`access points for received
`signals, that a first access
`point of the plurality of access
`points is receiving a first
`signal on a first channel,
`restrain[ing] at least a second
`access point of the plurality of
`access points from
`transmitting a second signal
`on a second channel different
`from the first channel
`responsive to the ascertaining
`that the first access point is
`receiving the first signal
`
`Structure:
`Signal transmission/reception
`logic 404 and/or MAC
`coordinator logic 606 and/or
`6:151 and/or 6:65-7:20 and/or
`9:11-59 and/or 11:19-12:21
`and/or 14:28-15:22 and/or
`15:23-65 and/or 16:53-67
`and/or 18:12-55 and
`equivalents thereof.
`
`
`Exhibit 2009
`IPR2022-0367
`Page 5 of 9
`
`
`
`Case 6:21-cv-00623-ADA Document 56 Filed 09/30/22 Page 6 of 9
`
`Defendants’ Proposed
`Construction
`
`Court’s Final Construction
`
`Term
`
`Plaintiff’s Proposed
`Construction
`The corresponding structure of
`“signal transmission/reception
`logic 404” includes the
`characteristics and
`configuration set forth for the
`signal transmission/reception
`coordination logic 404 (and the
`MAC coordinator logic 606,
`which is subsumed within the
`corresponding structure of the
`signal transmission/reception
`coordination logic 404) in the
`’939 Patent, including at 6:1-
`51 and/or 6:65-7:20 and/or
`9:11-59 and/or 11:19-12:21
`and/or 14:2815:22 and/or
`15:23-65 and/or 16:53-67
`and/or 18:12-55, and
`equivalents thereof
`
`
`Exhibit 2009
`IPR2022-0367
`Page 6 of 9
`
`
`
`Case 6:21-cv-00623-ADA Document 56 Filed 09/30/22 Page 7 of 9
`
`Term
`
`#2: “IEEE 802.11 standard”
`
`U.S. Patent No. 8,289,939,
`Cls. 3, 19, 32
`
`“802.11 Standard”
`
`U.S. Patent 10,594,376 Patent,
`Cls. 10, 21
`
`Proposed by Defendants
`
`#3: “transmission nulls”
`
`U.S. Patent 10,594,376, Cls.
`1, 12, 22, 30, 32; U.S. Patent
`No. 10,715,235, Cls. 2, 4, 8,
`12, 16
`
`Proposed by Defendants
`
`
`Plaintiff’s Proposed
`Construction
`Plain and ordinary meaning.
`
`
`Defendants’ Proposed
`Construction
`“One of the IEEE 802.11
`standards that existed at the
`time of the invention.”
`
`
`Court’s Final Construction
`
`Plain-and-ordinary meaning.
`
`
`Plain and ordinary meaning,
`which is “portions of one or
`more spatially distributed
`patterns of electromagnetic
`signals where transmissions of
`no or insignificant energy are
`selectively directed.”
`
`
`“portions of one or more
`spatially distributed
`transmission patterns of
`electromagnetic signals where
`transmissions of no or
`insignificant energy are
`selectively directed.”
`
`
`Plain and ordinary meaning
`wherein the plain-and-ordinary
`meaning is “portions of one or
`more spatially distributed
`patterns of electromagnetic
`signals where transmissions of
`no or insignificant energy are
`selectively directed.”
`
`
`Exhibit 2009
`IPR2022-0367
`Page 7 of 9
`
`
`
`Case 6:21-cv-00623-ADA Document 56 Filed 09/30/22 Page 8 of 9
`
`Court’s Final Construction
`
`Plain-and-ordinary meaning1
`
` 1
`
` – Note not for the jury: The
`plain-and-ordinary meaning of
`“transmission peaks” includes
`relative maxima.
`
`
`Defendants’ Proposed
`Construction
`“portions of one or more
`spatially distributed
`transmission patterns of
`electromagnetic signals where
`transmissions of maximum
`energy are selectively
`directed.”
`
`
`“third signal carrying content,
`wherein the content is based
`on the set of weighting values”
`
`Alternatively, “third signal
`comprising content that is
`based on the set of weighting
`values”
`
`
`Plain-and-ordinary meaning
`wherein the plain-and-ordinary
`means that the “third signal’ is
`‘based on the set of weighting
`values.”
`
`
`Plaintiff’s Proposed
`Construction
`Plain and ordinary meaning.
`
`Alternatively, “portions of one
`or more spatially distributed
`patterns of electromagnetic
`signals where transmissions of
`significant energy are
`selectively directed / portions
`of one or more spatially
`distributed transmission
`patterns of electromagnetic
`signals where transmissions of
`significant
`energy are selectively
`directed.”
`
`Plain and ordinary meaning.
`
`
`Term
`
`#4: “transmission peaks”
`
`U.S. Patent 10,594,376, Cls. 1,
`12, 22, 30, 32; U.S. Patent No.
`10,715,235, Cls. 2, 4, 8, 12, 16
`
`Proposed by Defendants
`
`
`#5: “third signal comprising
`content based on the set of
`weighting values”
`
`U.S. Patent No. 10,715,235,
`Cls. 1, 8 and 15
`
`Proposed by Defendants
`
`
`Exhibit 2009
`IPR2022-0367
`Page 8 of 9
`
`
`
`Case 6:21-cv-00623-ADA Document 56 Filed 09/30/22 Page 9 of 9
`
`Plaintiff’s Proposed
`Construction
`Plain and ordinary meaning,
`not indefinite.
`
`
`Defendants’ Proposed
`Construction
`Indefinite.
`
`
`Court’s Final Construction
`
`Not indefinite. Plain-and-
`ordinary meaning.
`
`
`Plain and ordinary meaning.
`
`
`Plain and ordinary meaning,
`which
`is
`“remote
`client
`device.”
`
`
`Plain and ordinary meaning.
`
`
`Term
`
`#6: “the set of weighting
`values is configured to be used
`by the remote station to
`construct one or more beam-
`formed transmission signals”
`
`U.S. Patent No. 10,715,235,
`Cl. 8
`
`“the set of weighting values is
`configured to be used by the
`transceiver to construct one or
`more beam-formed
`transmission signals”
`
`U.S. Patent No. 10,715,235,
`Cls. 1, 15
`
`Proposed by Defendants
`
`#7: “remote station”
`
`U.S. Patent No. 10,715,235,
`Cls. 1, 4, 8, 9, 12, 15
`
`Proposed by Defendants
`
`
`
`
`Exhibit 2009
`IPR2022-0367
`Page 9 of 9
`
`