UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`
`WAG ACQUISITION, L.L.C.,
`
`
`v.
`
`GOOGLE LLC and
`YOUTUBE, INC.,
`
`
`
`Plaintiff,
`
`Defendants.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`No. 6:21-cv-00816-ADA
`
`Jury Trial Demanded
`
`WAG ACQUISITION, L.L.C.’S PROPOSED CLAIM CONSTRUCTIONS
`
`Pursuant to the Scheduling Order (Dkt. No. 35), Plaintiff WAG Acquisition, L.L.C.,
`
`through the undersigned counsel, hereby serves its proposed claim constructions on Defendants
`
`Google LLC and YouTube, Inc. (“Defendants”).
`
`The terms set forth herein are those recited in Defendants’ February 4, 2022 Disclosure
`
`of Proposed Claim Terms for Construction.
`
`Plaintiff reserves the right to amend these contentions in light of discovery and the
`
`proposed claim constructions of Defendants.
`
`Claim Term / Phrase
`
`Patent / Claims
`
`WAG’s Proposed
`Construction
`
`“each media data element
`comprising a digitally
`encoded portion of the
`program and having a
`playback rate”
`“the playback rate of the one
`or more media data elements
`sent via that connection”
`“the playback rate of the
`media data elements”
`
`ʼ636 patent, cls. 1, 5, 9; ʼ824
`patent, cls. 1, 5, 9; ʼ594
`patent, cls. 1, 6, 11
`
`Plain and ordinary meaning
`
`ʼ636 patent, cls. 1, 5, 9; ʼ824
`patent, cls. 1, 5, 9
`
`Plain and ordinary meaning
`
`ʼ594 patent, cls. 1, 6, 11
`
`Plain and ordinary meaning
`
`
`
`
`
`Petitioners' Exhibit 1033
`Page 0001
`
`
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`
`WAG ACQUISITION, L.L.C.,
`
`
`v.
`
`GOOGLE LLC and
`YOUTUBE, INC.,
`
`
`
`Plaintiff,
`
`Defendants.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`No. 6:21-cv-00816-ADA
`
`Jury Trial Demanded
`
`WAG ACQUISITION, L.L.C.’S PROPOSED CLAIM CONSTRUCTIONS
`
`Pursuant to the Scheduling Order (Dkt. No. 35), Plaintiff WAG Acquisition, L.L.C.,
`
`through the undersigned counsel, hereby serves its proposed claim constructions on Defendants
`
`Google LLC and YouTube, Inc. (“Defendants”).
`
`The terms set forth herein are those recited in Defendants’ February 4, 2022 Disclosure
`
`of Proposed Claim Terms for Construction.
`
`Plaintiff reserves the right to amend these contentions in light of discovery and the
`
`proposed claim constructions of Defendants.
`
`Claim Term / Phrase
`
`Patent / Claims
`
`WAG’s Proposed
`Construction
`
`“each media data element
`comprising a digitally
`encoded portion of the
`program and having a
`playback rate”
`“the playback rate of the one
`or more media data elements
`sent via that connection”
`“the playback rate of the
`media data elements”
`
`ʼ636 patent, cls. 1, 5, 9; ʼ824
`patent, cls. 1, 5, 9; ʼ594
`patent, cls. 1, 6, 11
`
`Plain and ordinary meaning
`
`ʼ636 patent, cls. 1, 5, 9; ʼ824
`patent, cls. 1, 5, 9
`
`Plain and ordinary meaning
`
`ʼ594 patent, cls. 1, 6, 11
`
`Plain and ordinary meaning
`
`
`
`
`
`Petitioners' Exhibit 1033
`Page 0001
`
`
`
`“playback rate”
`
`“serial identifier(s)”
`
`“serial identification
`indicating a time sequence”
`“serially identifying” /
`“serially identify” / “serially
`identified”
`“the data connection between
`the server system and each
`requesting user system”
`“the data connection between
`the server system and each
`requesting user system”
`
`“the data connection”
`
`“a data rate more rapid than
`the playback rate of the one
`or more media data
`elements”
`“automatically send
`additional requests for
`subsequent media data
`elements for storage in the
`memory of the media player
`as required to maintain about
`a predetermined number of
`media data elements in the
`memory of the media player
`during playing”
`“each sending is at a
`transmission rate as fast as
`the data connection between
`the server system and each
`requesting system allows”
`“all of the media data
`elements that are sent by the
`server system to the
`requesting user systems are
`sent from the data structure
`under the control of the
`server system as the media
`
`ʼ636 patent, cls. 1, 5, 9; ʼ824
`patent, cls. 1, 5, 9; ʼ594
`patent, cls. 1, 6, 11
`ʼ636 patent, cls. 1, 5, 9; ʼ824
`patent, cls. 1, 5, 9; ʼ594
`patent, cls. 1, 6, 11
`ʼ636 patent, cls. 1, 5, 9; ʼ824
`patent, cls. 1, 5, 9
`ʼ636 patent, cls. 1, 5, 9; ʼ824
`patent, cls. 1, 5, 9; ʼ594
`patent, cls. 1, 6, 11
`
`ʼ636 patent, cls. 1, 5, 9; ʼ824
`patent, cls. 1, 5, 9
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`ʼ594 patent, cls. 1, 6, 11
`
`Plain and ordinary meaning
`
`ʼ636 patent, cls. 1, 5, 9; ʼ824
`patent, cls. 1, 5, 9; ʼ594
`patent, cls. 1, 6, 11
`
`ʼ636 patent, cls. 1, 5, 9; ʼ824
`patent, cls. 1, 5, 9; ʼ594
`patent, cls. 1, 6, 11
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`ʼ594 patent, cls. 1, 6, 11
`
`Plain and ordinary meaning
`
`ʼ636 patent, cls. 1, 5, 9; ʼ824
`patent, cls. 1, 5, 9
`
`Plain and ordinary meaning
`
`ʼ636 patent, cls. 1, 5, 9; ʼ824
`patent, cls. 1, 5, 9
`
`Plain and ordinary meaning
`
`
`
`
`
`Petitioners' Exhibit 1033
`Page 0002
`
`
`
`data elements were first
`stored therein”
`“receiving requests at the
`server system via one or
`more data connections over
`the Internet, for one or more
`of the media data elements
`stored in the data structure” /
`“receive requests at the
`server system via one or
`more data connections over
`the Internet, for one or more
`of the media data elements
`stored in the data structure”
`“supplying, at the server
`system, media data elements
`representing the program” /
`“to supply, at the server
`system, media data elements
`representing the program”
`“all of the media data
`elements that are sent by the
`server to the one or more
`user systems are sent in
`response to the requests”
`
`Whether preambles are
`limiting
`
`“media data element(s)”
`
`ʼ636 patent, cls. 1, 5, 9; ʼ824
`patent, cls. 1, 5, 9
`
`Plain and ordinary meaning
`
`ʼ636 patent, cls. 1, 5, 9; ʼ824
`patent, cls. 1, 5, 9
`
`Plain and ordinary meaning
`
`ʼ636 patent, cls. 1, 5, 9; ʼ824
`patent, cls. 1, 5, 9
`
`Plain and ordinary meaning
`
`ʼ636 patent, cls. 1, 5, 9; ʼ824
`patent, cls. 1, 5, 9; ʼ594
`patent, cls. 1, 6, 11
`ʼ636 patent, cls. 1, 5, 9; ʼ824
`patent, cls. 1, 5, 9; ʼ594
`patent, cls. 1, 6, 11
`
`The preambles are limiting
`
`Plain and ordinary meaning
`
`“the media source”
`
`ʼ594 patent, cls. 1, 6, 11
`
`Plain and ordinary meaning
`
`“data rate”
`
`“transmission rate”
`
`“a rate as fast as the data
`connection between
`the media source and the
`media player allows”
`
`ʼ636 patent, cls. 1, 5, 9; ʼ824
`patent, cls. 1, 5, 9; ʼ594
`patent, cls. 1, 6, 11
`ʼ636 patent, cls. 1, 5, 9; ʼ824
`patent, cls. 1, 5, 9
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`ʼ594 patent, cls. 1, 6, 11
`
`Plain and ordinary meaning
`
`
`
`
`
`
`
`
`
`Petitioners' Exhibit 1033
`Page 0003
`
`
`
`
`
`
`
`
`
`LISTON ABRAMSON LLP
`The Chrysler Building
`405 Lexington Ave, 46th Floor
`New York, New York 10174
`Tel: (212) 257-1630
`
`By: s/ Ronald Abramson
`Email: ron.abramson@listonabramson.com
`Ronald Abramson (Admitted pro hac vice)
`David G. Liston (Admitted pro hac vice)
`Ari J. Jaffess (Admitted pro hac vice)
`Alex G. Patchen (Admitted pro hac vice)
`M. Michael Lewis (Admitted pro hac vice)
`Gina K. Kim
`Email: docket@listonabramson.com
`
`HALEY & OLSON, P.C.
`Brandon R. Oates (State Bar No. 24032921)
`Email: boates@haleyolson.com
`100 North Ritchie Road, Suite 200
`Waco, Texas 76712
`Tel: (254) 776-3336
`Fax: (254) 776-6823
`
`
`Attorneys for Plaintiff WAG Acquisition, L.L.C.
`
`
`
`
`
`Petitioners' Exhibit 1033
`Page 0004
`
`
`
`CERTIFICATE OF SERVICE
`
`I, Ronald Abramson, hereby certify that on this day a true and correct copy of the
`
`foregoing document, WAG Acquisition, L.L.C.’s Proposed Claim Constructions was served on
`
`all attorneys of record for Defendants via electronic mail.
`
`
`
`
`
`Dated: February 18, 2022
`
`
` /s/ Ronald Abramson
`
`Ronald Abramson
`
`
`
`
`
`
`
`
`
`
`
`Petitioners' Exhibit 1033
`Page 0005
`
`
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