Case 6:21-cv-00701-ADA Document 126 Filed 09/02/23 Page 1 of 19
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`SMART MOBILE TECHNOLOGIES
`LLC,
`
`Plaintiff,
`
`-v-
`
`SAMSUNG ELECTRONICS
`AMERICA, INC. F/K/A SAMSUNG
`TELECOMMUNICATIONS
`AMERICA LLC, SAMSUNG
`ELECTRONICS CO., LTD.,
`Defendants.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`6:21-CV-00701- ADA-DTG
`
`CLAIM CONSTRUCTION ORDER
`
`The Court held the first Markman hearing August 18, 2023 and the second Markman
`
`hearing on August 31, 2023. During both hearings, the Court provided its final constructions for
`
`the disputed terms.1 The Court now enters those claim constructions.
`
`SIGNED this 2nd day of September, 2023.
`
`ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`1 The parties agreed to the constructions for a number of terms. Because the parties do not dispute the constructions
`for those terms, the Court does not find it necessary to enter those agreed constructions in this Order.
`
`1
`
`Exhibit 1099
`Samsung v. Smart Mobile
`IPR2022-01249
`
`

`

`2
`
`
`
`Plain-and-ordinary meaning
`
`Plain and ordinary meaning
`
`
`
`
`
`Court’s Final Construction
`
`Defendants’ Proposed
`
`Construction
`
`
`
`on a single chip
`multiple functions of a system
`includes the components for
`An integrated circuit that
`
`Construction
`
`Plaintiff’s Proposed
`
`
`
`Proposed by Plaintiff
`
`
`
`Claims 5, 16
`U.S. Patent No. 9,084,291,
`
`#1: “system on a chip”
`
`
`
`Term
`
`(U.S. Patent Nos. 8,824,434, 8,842,653, 8,982,863, 9,084,291, 9,019,946, 9,191,083, 9,319,075, and 9,614,943)
`
`Claim Constructions for the ’434 Patent Family
`
`Case 6:21-cv-00701-ADA Document 126 Filed 09/02/23 Page 2 of 19
`
`2
`
`

`

`3
`
`
`
`communication”
`interfaces for Internet Protocol
`interfaces” / “a plurality of
`“plurality of IP enabled
`utilize” refers back to
`ordinary meaning. “which
`Not indefinite. Plain-and-
`
`
`
`Indefinite
`
`
`
`Smart Mobile
`be construed as proposed by
`“multiplexed,” which should
`exception of “interface/s,” and
`Plain meaning with the
`
`
`
`
`
`9,019,946, Claim 1
`Claim 1; U.S. Patent No.
`U.S. Patent No. 8,842,653,
`
`
`
`and receive units”
`plurality of wireless transmit
`multiplexed signals from the
`interface comprised of
`device to enable a single
`and receive units on the mobile
`plurality of wireless transmit
`device which utilize the
`communication on the mobile
`interfaces for Internet Protocol
`transmission uses a plurality of
`wherein said first interface for
`transmission is created and
`“wherein a first interface for
`
`
`
`and receive components”
`plurality of wireless transmit
`multiplexed signals from the
`single interface comprised of
`mobile device to enable a
`and receive components on the
`plurality of wireless transmit
`mobile device which utilize the
`enabled interfaces on the
`interface uses a plurality of IP
`wherein said transmission
`interface is created and
`#2: “wherein a transmission
`
`Case 6:21-cv-00701-ADA Document 126 Filed 09/02/23 Page 3 of 19
`
`3
`
`

`

`4
`
`
`
`Plain-and-ordinary meaning
`
`
`
`time of filing (1999)
`USB technology at use at the
`
`
`
`
`
`
`
`Proposed by Defendants
`
`
`
`9,019,946, Claim 5
`Claim 5; U.S. Patent No.
`U.S. Patent No. 9,084,291,
`
`
`
`Plain meaning
`
`#4: “USB communication”
`
`
`
`
`
`Proposed by Defendants
`
`
`
`9,019,946, Claim 14
`Claim 14; U.S. Patent No.
`U.S. Patent No. 8,842,653,
`
`
`
`
`
`ordinary meaning.
`Not indefinite. Plain-and-
`
`
`
`Indefinite
`
`simultaneously”
`one or more antennas
`enabled to communicate using
`transmit and receive unit is
`“wherein the first wireless
`
`simultaneously”
`one or more antennas
`enabled to communicate using
`transmit and receive unit is
`“wherein the first wireless
`
`
`
`
`
`more antennas simultaneously”
`communicate using one or
`component is enabled to
`transmit and receive
`“wherein the first wireless
`
`more antennas simultaneously”
`communicate using one or
`component is enabled to
`transmit and receive
`#3: wherein the first wireless
`
`Court’s Final Construction
`
`Defendants’ Proposed
`
`Construction
`
`Construction
`
`Plaintiff’s Proposed
`
`Proposed by Defendants
`
`
`
`Term
`
`Case 6:21-cv-00701-ADA Document 126 Filed 09/02/23 Page 4 of 19
`
`4
`
`

`

`Plain-and-ordinary meaning.
`
`
`
`
`
`
`
`cable connector plugs into
`which is a jack or socket that a
`Plain and ordinary meaning,
`
`information may be transferred
`connection through which
`A virtual or physical point of
`
`Plain-and-ordinary meaning
`
`
`
`
`
`Indefinite
`
`Construction
`
`Court’s Final Construction
`
`Defendants’ Proposed
`
`
`
`need for user intervention
`conditions and without the
`responsive to variable
`When and as needed,
`
`Construction
`
`Plaintiff’s Proposed
`
`Case 6:21-cv-00701-ADA Document 126 Filed 09/02/23 Page 5 of 19
`
`
`
`channels”
`assigned to one or more
`#7: “one or more subtasks are
`Proposed by Plaintiff
`
`
`
`’075 (1)
`Patent No. 9,191,083, Claim 1;
`9,084,291, Claim 6; U.S.
`14, 15, 28, 29; U.S. Patent No.
`Patent No. 9,019,946, Claims
`No. 8,982,863, Claim 1; U.S.
`Claims 14, 15, 28; U.S. Patent
`U.S. Patent No. 8,842,653,
`
`
`
`#6: “ports”
`
`
`
`Proposed by Plaintiff
`
`
`
`8,982,863, Claim 4
`Claim 1; U.S. Patent No.
`U.S. Patent No. 8,824,434,
`
`#5: “dynamically”
`
`
`
`Term
`
`Plain-and-ordinary meaning.
`
`
`
`subtasks
`one or more pre-defined
`and receiver are dedicated to
`paths between a transmitter
`one or more communication
`
`proposed by Smart Mobile
`should be construed as
`exception of “channels,” which
`Plain meaning, with the
`
`5
`
`
`
`
`
`
`
`Proposed by Defendants
`
`
`
`
`
`Claims 1, 5, 8, 12
`U.S. Patent No. 9,614,943,
`
`5
`
`

`

`6
`
`
`
`ordinary meaning.
`Not indefinite. Plain-and-
`
`
`
`Indefinite
`
`
`
`processing channels
`units and processors or
`antennas, transmit/receive
`configured with at least two
`The device is … further
`
`Plain-and-ordinary meaning.
`
`
`
`
`
`
`
`receiver
`between a transmitter and
`which is communication path
`Plain and ordinary meaning,
`
`components
`within one or more devices or
`information passes between or
`A path or link through which
`
`
`
`
`
`Proposed by Defendants
`
`
`
`Claim 2
`U.S. Patent No. 9,614,943,
`
`
`
`channel”
`single communication
`combine multiple paths into a
`between various signals or to
`capabilities to differentiate
`configured with enhanced
`#9: “the device is … further
`
`
`
`Proposed by both sides
`
`
`
`1-2, 5, 8, 12
`Patent No. 9,191,083, Claims
`Claims 1-2, 5, 8, 12; U.S.
`U.S. Patent No. 9,614,943,
`
`
`
`#8: “channel”
`
`Court’s Final Construction
`
`Defendants’ Proposed
`
`Construction
`
`Construction
`
`Plaintiff’s Proposed
`
`Term
`
`Case 6:21-cv-00701-ADA Document 126 Filed 09/02/23 Page 6 of 19
`
`6
`
`

`

`7
`
`
`
`’075 patent is limiting
`The preamble of claim 1 of the
`
`
`
`mux.
`to a single output, e.g., 4:2
`communications channel(s) or
`outputting to physical
`this term does not require
`plain-and-ordinary meaning of
`2 – Note not for the jury: The
`demultiplexing functionality.
`this term does not include
`plain-and-ordinary meaning of
`1 – Note not for the jury: The
`Plain-and-ordinary meaning1,2
`
`
`
`’075 patent is limiting
`The preamble of claim 1 of the
`
`
`
`communications channel”
`more messages on a single
`simultaneously transmit two or
`which is “to interleave or
`Plain and ordinary meaning,
`
`
`
`processing
`transmission or further
`streams or data streams for
`stream into multiple signal
`single signal stream or data
`further processing, or split a
`stream for transmission or
`single signal stream or data
`streams or data streams into a
`To combine multiple signal
`
`Plain-and-ordinary meaning.
`
`
`
`
`
`
`
`two hardware devices”
`mechanical boundary between
`which is “a shared electrical or
`Plain and ordinary meaning,
`
`enables them to interoperate
`and/or hardware elements that
`connection between software
`A virtual or physical
`
`
`
`
`
`Proposed by Plaintiff
`
`
`
`9,319,075, Claim 1
`Claims 2, 11; U.S. Patent No.
`U.S. Patent No. 9,614,943,
`9,191,083, Claims 5, 8, 12, 19;
`Claim 7; U.S. Patent No.
`U.S. Patent No. 9,084,291,
`9,019,946, Claim 1-4, 16, 27;
`Claim 1-4, 27; U.S. Patent No.
`U.S. Patent No. 8,842,653,
`
`
`
`“multiplexing”
`“multiplexes” / “multiplexed” /
`#11: “multiplex” /
`
`
`
`Proposed by Plaintiff
`
`
`
`Claim 1, 5, 6, 10, 11, 17
`14; U.S. Patent No. 9,019,946,
`Patent No. 8,982,863, Claim
`Claims 1, 6, 10, 11, 17; U.S.
`U.S. Patent No. 8,842,653,
`
`
`
`#10: “interface”
`
`Court’s Final Construction
`
`Defendants’ Proposed
`
`Construction
`
`Construction
`
`Plaintiff’s Proposed
`
`Term
`
`Case 6:21-cv-00701-ADA Document 126 Filed 09/02/23 Page 7 of 19
`
`7
`
`

`

`8
`
`
`
`
`
`
`
`
`
`Plain and ordinary meaning.
`
`Plain and ordinary meaning.
`
`
`
`
`
`Court’s Final Construction
`
`Defendants’ Proposed
`
`Construction
`
`
`
`network or network resources
`that enables access to a
`programs over a network, or
`computing devices or
`services, or programs to other
`provides resources, data,
`devices or programs that
`or collection of computing
`a computing device or program
`
`Construction
`
`Plaintiff’s Proposed
`
`Proposed by Plaintiff
`
`
`
`Patent No. 9,319,075, Claim 1
`9,614,943, Claims 6; U.S.
`6, 8; U.S. Patent No.
`Patent No. 9,191,083, Claims
`4, 15, 17, 27, 28, 29, 30; U.S.
`Patent No. 9,019,946, Claim 1,
`4, 5, 6, 11, 14, 19, 24; U.S.
`Patent No. 8,982,863, Claim 1,
`Claims 4, 15, 27, 28; U.S.
`U.S. Patent No. 8,842,653,
`
`
`
`#12: “server”
`
`Term
`
`Case 6:21-cv-00701-ADA Document 126 Filed 09/02/23 Page 8 of 19
`
`8
`
`

`

`9
`
`Plain-and-ordinary meaning.
`
`Plain and ordinary meaning.
`
`
`
`
`
`Court’s Final Construction
`
`Defendants’ Proposed
`
`Construction
`
`
`
`network or network resources
`that enables access to a
`programs over a network, or
`computing devices or
`services, or programs to other
`provides resources, data,
`devices or programs that
`or collection of computing
`a computing device or program
`
`Construction
`
`Plaintiff’s Proposed
`
`
`
`
`
`Proposed by Plaintiff
`
`
`
`Patent No. 9,614,943, Claim 6
`9,191,083, Claims 6, 8; U.S.
`Claim 20; U.S. Patent No.
`U.S. Patent No. 9,049,119,
`’863 (1, 4, 5, 6, 11, 14, 19, 24);
`8,761,739, Claims 1, 13, 16;
`1, 13, 16; U.S. Patent No.
`Patent No. 8,472,937, Claims
`Claims 1, 9, 11, 19; U.S.
`U.S. Patent No. 8,472,936,
`8,442,501, Claims 1, 13, 16;
`28, 29, 34; U.S. Patent No.
`9,756,168, Claims 2, 4, 19, 20,
`Claim 1; U.S. Patent No.
`U.S. Patent No. 9,319,075,
`1, 4, 15, 17, 27, 28, 29, 30;
`Patent No. 9,019,946, Claims
`Claims 4, 15, 27, 28; U.S.
`U.S. Patent No. 8,842,653,
`
`
`
`#1: “server”
`
`Term
`
`(U.S. Patent Nos. 8,442,501, 8,472,936, 8,472,937, 8,761,739, 9,049,119, and 9,756,168)
`
`Claim Constructions for the ’501 Patent Family
`
`Case 6:21-cv-00701-ADA Document 126 Filed 09/02/23 Page 9 of 19
`
`9
`
`

`

`10
`
`
`
`meaning.
`Otherwise, plain and ordinary
`
`
`
`devices. See claim term #8.
`types of mobile/wireless
`The claimed “functions” are
`
`
`
`
`
`Indefinite
`
`indefinite. See claim #2.
`“functional instructions” is
`
`
`
`plurality of capabilities
`wireless device that enables a
`software executable by the
`
`
`
`Indefinite
`
`
`
`Indefinite.
`
`Construction
`
`Court’s Final Construction
`
`Defendants’ Proposed
`
`
`
`function
`by a processor, provides a
`software that, when executed
`
`Construction
`
`Plaintiff’s Proposed
`
`
`
`
`
`Proposed by Plaintiff
`
`
`
`Claim 20
`U.S. Patent No. 9,049,119,
`Patent No. 8,761,739 Claim 1;
`No. 8,472,937 Claim 1; U.S.
`8,472,936 Claim 1; U.S. Patent
`Claim 1; U.S. Patent No.
`U.S. Patent No. 8,442,501,
`
`
`
`[wireless/mobile] device . . .”
`functions to the
`in providing a plurality of
`[including instructions] for use
`#3: “functional instructions
`
`
`
`Proposed by Defendants
`
`
`
`No. 9,049,119, Claim 20
`8,761,739, Claim 1; U.S. Patent
`Claim 1; U.S. Patent No.
`U.S. Patent No. 8,472,937,
`8,472,936, Claims 1, 13, 20;
`Claim 1; U.S. Patent No.
`U.S. Patent No. 8,442,501,
`
`#2: “functional instruction”
`
`
`
`Term
`
`Case 6:21-cv-00701-ADA Document 126 Filed 09/02/23 Page 10 of 19
`
`10
`
`

`

`11
`
`
`
`
`
`
`
`
`
`all code must be stored.
`repository of code, i.e., where
`server to being the exclusive
`“primary” does not limit the
`plain-and-ordinary meaning of
` – Note Not for the jury: the
`
` 1
`
`Plain-and-ordinary meaning.1
`
`wireless device
`and software to and from the
`the functional instruction sets
`downloading and uploading
`the wireless device by
`reconfiguration requests from
`to respond to mode
`the wireless device that it uses
`instruction sets belonging to
`the server stores all functional
`
`Proposed by Defendants
`
`
`
`
`
`8,761,739 Claim 1
`Claim 1; U.S. Patent No.
`U.S. Patent No. 8,442,501,
`
`capabilities
`device to have various
`wireless device to enable the
`may be transmitted to the
`the server stores software that
`
`
`
`the wireless device”
`to deliver various functions to
`primary repository or exchange
`#5: “the server serves as a
`
`two or more networks.
`Correction: switching between
`
`
`
`
`
`Not indefinite.
`
`
`
`Indefinite
`
`Construction
`
`Court’s Final Construction
`
`Defendants’ Proposed
`
`
`
`Proposed by Defendants
`
`
`
`
`
`Claim 20
`U.S. Patent No. 9,049,119,
`Patent No. 8,761,739, Claim 1;
`No. 8,472,937 Claim 1; U.S.
`8,472,936 Claim 1; U.S. Patent
`Claim 1; U.S. Patent No.
`U.S. Patent No. 8,442,501,
`
`multiple networks
`which is switching between
`Plain and ordinary meaning,
`
`Construction
`
`Plaintiff’s Proposed
`
`more networks ...”
`#4: “switching between one or
`
`
`
`Term
`
`Case 6:21-cv-00701-ADA Document 126 Filed 09/02/23 Page 11 of 19
`
`11
`
`

`

`12
`
`Plain-and-ordinary meaning.
`
`
`
`meaning
`Otherwise, plain and ordinary
`
`
`
`devices. See claim term #8.
`types of mobile/wireless
`The claimed “functions” are
`
`Construction
`
`Court’s Final Construction
`
`Defendants’ Proposed
`
`
`
`capabilities
`enables a plurality of
`wireless/mobile device that
`application data to the
`transmit software or
`the server is configured to
`
`Construction
`
`Plaintiff’s Proposed
`
`
`
`
`
`Proposed by Plaintiff
`
`
`
`Patent No. 8,472,937 Claim 1
`No. 8,472,936 Claim 1; ; U.S.
`8,761,739 Claim 1; U.S. Patent
`Claim 1; U.S. Patent No.
`U.S. Patent No. 8,442,501,
`
`
`
`mobile device”
`of functions for control of the
`“the server provides a plurality
`
`
`
`plurality of functions”
`send to the wireless device a
`“the server is configured to
`
`
`
`wireless device”
`deliver various functions to the
`#6: “the server serves ... to
`
`Term
`
`Case 6:21-cv-00701-ADA Document 126 Filed 09/02/23 Page 12 of 19
`
`12
`
`

`

`13
`
`
`
`
`
`“in real-time.”
`plain-and-ordinary meaning is
`ordinary meaning wherein the
`Not indefinite. Plain-and-
`
`
`
`Indefinite
`
`Construction
`
`Court’s Final Construction
`
`Defendants’ Proposed
`
`
`
`need for user intervention
`conditions and without the
`responsive to variable
`when and as needed,
`
`Construction
`
`Plaintiff’s Proposed
`
`
`
`Proposed to Plaintiff
`
`
`
`Claims 2, 4
`U.S. Patent No. 9,756,168,
`Patent No. 8,942,863, Claim 4;
`8,761,739 Claims 1, 2; U.S.
`Claim 2; U.S. Patent No.
`U.S. Patent No. 8,472,937
`Patent No. 8,472,936 Claim 1;
`8,442,501, Claims 1, 2; U.S.
`Claim 1; U.S. Patent No.
` U.S. Patent No. 8,824,434
`
` ;
`
`#7: “dynamic” / “dynamically”
`
`Term
`
`Case 6:21-cv-00701-ADA Document 126 Filed 09/02/23 Page 13 of 19
`
`13
`
`

`

`14
`
`
`
`Plain-and-ordinary meaning.
`
`
`
`devices at the wireless device
`plurality of types of wireless
`set of capabilities to enable a
`device with a different, second
`to a second type of wireless
`with a first set of capabilities
`first type of wireless device
`device”: transformable from a
`functions at the wireless
`to enable a plurality of
`function to a second function
`“configurable from a first
`
`
`
`mobile/wireless device
`devices at/to the
`of types of mobile/wireless
`provide/providing a plurality
`capabilities to/by
`different, second set of
`mobile/wireless device with a
`to a second type of
`with a first set of capabilities
`type of mobile/wireless device
`transformation from a first
`mobile/wireless device”:
`of functions at/to the
`provide/providing a plurality
`function to/by
`a/as first function to a second
`mobile/wireless device from
`“conversion of the
`
`
`
`Claim 1; U.S. Patent No.
`U.S. Patent No. 8,442,501,
`
`
`
`mobile device”
`a plurality of functions to the
`a second function by providing
`device from a first function to
`conversion of the mobile
`“wherein the server enables
`
`
`
`functions at the mobile device”
`to provide a plurality of
`function to a second function
`mobile device from as first
`and enables conversion of the
`control of the mobile device
`plurality of functions for
`“wherein the server provides a
`
`
`
`
`
`device”
`of functions at the wireless
`function to enable a plurality
`a first function to a second
`dynamically configurable from
`“wherein the wireless device is
`
`proposed by Smart Mobile
`should be construed as
`the wireless device,” which
`“plurality of functions at (to)
`function” / “second function” /
`dynamically,” and “first
`subject to “server,” “dynamic /
`Plain and ordinary meaning,
`
`
`
`device”
`functions at the wireless
`to provide a plurality of
`function to a second function
`the wireless device from a first
`enables dynamic conversion of
`#8: “wherein the server
`
`Case 6:21-cv-00701-ADA Document 126 Filed 09/02/23 Page 14 of 19
`
`14
`
`

`

`15
`
`Plain-and-ordinary meaning
`
`
`
`
`
`ordinary meaning).
`construction (i.e., plain and
`portions do not require
`overlap, the nonoverlapping
`extent the terms do not
`the terms overlap. To the
`as claim term #8 to the extent
`larger phrase identified above
`if at all, in the context of the
`This term should be construed,
`
`
`
`
`
`Proposed by Plaintiff
`
`
`
`Claim 20
`U.S. Patent No. 9,049,119,
`Patent No. 8,761,739 Claim 1;
`No. 8,472,937 Claim 1; U.S.
`8,472,936 Claim 1; U.S. Patent
`Claim 1; U.S. Patent No.
`U.S. Patent No. 8,442,501,
`
`
`
`
`
`wireless device capabilities
`capability / plurality of
`first capability / second
`
`device”
`functions at (to) the wireless
`function” / “plurality of
`#9: “first function” / “second
`
`
`
`Proposed by Defendants
`
`
`
`9,049,119, Claim 20
`Claim 1; U.S. Patent No.
`U.S. Patent No. 8,472,937
`Patent No. 8,472,936 Claim 1;
`8,761,739, Claim 1; U.S.
`
`Court’s Final Construction
`
`Defendants’ Proposed
`
`Construction
`
`Construction
`
`Plaintiff’s Proposed
`
`Term
`
`Case 6:21-cv-00701-ADA Document 126 Filed 09/02/23 Page 15 of 19
`
`15
`
`

`

`16
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`
`
`
`
`Preamble is not limiting.
`
`
`
`system.
`mobile device communication
`server is part of the claimed
`The preamble is limiting. The
`
`communication system.
`claimed mobile device
`server is not part of the
`Preamble is not limiting. The
`
`
`
`ordinary meaning.
`Not indefinite. Plain-and-
`
`
`
`Indefinite
`
`
`
`Plain meaning.
`
`
`
`Indefinite
`
`
`
`Indefinite
`
`Construction
`
`Court’s Final Construction
`
`Defendants’ Proposed
`
`
`
`independent claim 1
`between” as recited in
`capable of “switching
`“networks” that the device
`“private network” is one of the
`Plain meaning; the recited
`
`Construction
`
`Plaintiff’s Proposed
`
`
`
`
`
`Claim 20
`U.S. Patent No. 9,049,119,
`
`communication system ...”
`#12: “A mobile device
`
`
`
`
`
`Proposed by Defendants
`
`
`
`Claim 18
`U.S. Patent No. 8,472,937
`
`
`
`network (WLAN)”
`or wireless local area
`includes data based on GPS
`#11: “the prioritization
`
`
`
`Proposed by Defendants
`
`
`
`8,761,739 Claim 18
`Claim 18; U.S. Patent No.
`U.S. Patent No. 8,442,501,
`
`for use in a home or office”
`local area network (WLAN)
`network includes a wireless
`#10: “wherein a private
`
`
`
`Term
`
`Proposed by Defendants
`
`
`
`Case 6:21-cv-00701-ADA Document 126 Filed 09/02/23 Page 16 of 19
`
`16
`
`

`

`
`
`preferred wireless network.
`are associated with a non-
`where the ”subsidiary values”
`preferred wireless network and
`values” are associated with the
`Not indefinite. “primary
`
`17
`
`
`
`Indefinite
`
`
`
`local area network
`preferred wireless network is a
`a public carrier network if the
`is a public carrier network or is
`the preferred wireless network
`that is a local area network if
`non-preferred wireless network
`frequencies associated with a
`“subsidiary values:” a set of
`
`
`
`network
`network or a local area
`is either a public carrier
`preferred wireless network that
`frequencies associated with a
`“primary values:” a set of
`
`
`
`
`
`
`
`Claim 2, 4
`U.S. Patent No. 9,756,168,
`
`values and subsidiary values”
`#14: “one or more primary
`
`
`
`
`
`Proposed by Defendants
`
`
`
`Claim 2
`U.S. Patent No. 9,756,168,
`
`
`
`Proposed by Defendants
`
`
`
`
`
`ordinary meaning.
`Not indefinite. Plain-and-
`
`
`
`Indefinite
`
`frequencies
`be tuned to one or more
`the wireless device each may
`the transmitter and receiver of
`
`or more frequencies”
`independently tunable to one
`transmitter and receiver are
`#13: “the wireless device
`
`Court’s Final Construction
`
`Defendants’ Proposed
`
`Construction
`
`Construction
`
`Plaintiff’s Proposed
`
`Term
`
`Case 6:21-cv-00701-ADA Document 126 Filed 09/02/23 Page 17 of 19
`
`17
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`

`

`18
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`
`
`
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`Plain-and-ordinary meaning.
`
`
`
`
`
`plurality of wireless devices
`store software on behalf of a
`the server is configured to
`behalf of a wireless device /
`remote server, software on
`stores, in memory at the
`which is: the remote server
`Plain and ordinary meaning,
`
`
`
`Indefinite.
`
`Indefinite
`
`Construction
`
`Court’s Final Construction
`
`Defendants’ Proposed
`
`
`
`Smart Mobile
`construed as proposed by
`“server,” which should be
`Plain meaning, subject to
`profile
`the device, that is stored in a
`information, about a user and
`and is associated with
`plurality of wireless devices,
`plurality of applications for the
`wireless devices and for a
`server is for a plurality of
`the software stored on the
`
`Construction
`
`Plaintiff’s Proposed
`
`Claims 2, 4
`U.S. Patent No. 9,756,168,
`
`Proposed by Defendants
`
`
`
`of wireless devices”
`store software for a plurality
`“the server is configured to
`
`
`
`
`
`wireless device”
`in memory software for a
`#16: “the remote server stores
`
`
`
`Proposed by Defendants
`
`
`
`Claim 4
`U.S. Patent No. 9,756,168,
`
`
`
`device stored in a profile”
`associated with a user and the
`#15: “the software is
`
`Term
`
`Case 6:21-cv-00701-ADA Document 126 Filed 09/02/23 Page 18 of 19
`
`18
`
`

`

`19
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`
`
`ordinary meaning.
`Not indefinite. Plain-and-
`
`
`
`Indefinite
`
`
`
`Plain meaning
`
`
`
`Indefinite
`
`
`
`Indefinite
`
`Construction
`
`Court’s Final Construction
`
`Defendants’ Proposed
`
`
`
`from the remote server
`application to be downloaded
`an indicator of a software
`network environment receives
`with a website server or a
`a website or URL associated
`device that makes a request to
`which is that each wireless
`proposed by Smart Mobile),
`which should be construed as
`“server” and “application,”
`Plain meaning (subject to
`
`Construction
`
`Plaintiff’s Proposed
`
`
`
`
`
`
`
`Proposed by Defendants
`
`
`
`Claim 21
`U.S. Patent No. 9,756,168,
`
`#18: “more precise location”
`
`
`
`
`
`Proposed by Defendants
`
`
`
`Claim 19
`U.S. Patent No. 9,756,168,
`
`
`
`from the remote server”
`application to be downloaded
`indicator of a software
`wireless device receives an
`environment, the one or more
`website server or a network
`or URL associated with a
`wireless device to a website
`request from the one or more
`#17: “wherein responsive to a
`
`Term
`
`Case 6:21-cv-00701-ADA Document 126 Filed 09/02/23 Page 19 of 19
`
`19
`
`