Case 1:22-cv-00060-DAE Document 56 Filed 12/21/21 Page 1 of 10
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`Neo Wireless LLC,
`Plaintiff,
`
`v.
`
`Dell Technologies Inc. and Dell Inc.,
`
`Defendants.
`
`C.A. NO. 6:21-cv-0024-ADA
`
`JURY TRIAL DEMANDED
`
`JOINT CLAIM CONSTRUCTION STATEMENT
`
`A Markman hearing for this matter is currently proposed on January 13, 2021. The
`
`parties now submit this Joint Claim Construction Statement.
`
`Exhibit A attached hereto identifies the agreed claim terms. Exhibit B attached hereto
`
`identifies the disputed claim terms, the party that proposed the disputed claim term, and the
`
`proposed construction of the respective parties for each disputed claim term.
`
`DATED: December 21, 2021
`
`Respectfully submitted,
`
`/s/ Jason D. Cassady
`Jason D. Cassady
`Texas State Bar No. 24045625
`Email: jcassady@caldwellcc.com
`Christopher S. Stewart
`Texas State Bar No. 24079399
`Email: cstewart@caldwellcc.com
`Alexander A. Waldrop
`Texas State Bar No. 24102619
`Email: awaldrop@caldwellcc.com
`Bailey A. Blaies
`Texas State Bar No. 24109297
`Email: bblaies@caldwellcc.com
`CALDWELL CASSADY CURRY P.C.
`2121 N. Pearl St., Suite 1200
`
`1
`
`GM 1042
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`Neo Wireless LLC,
`Plaintiff,
`
`v.
`
`Dell Technologies Inc. and Dell Inc.,
`
`Defendants.
`
`C.A. NO. 6:21-cv-0024-ADA
`
`JURY TRIAL DEMANDED
`
`JOINT CLAIM CONSTRUCTION STATEMENT
`
`A Markman hearing for this matter is currently proposed on January 13, 2021. The
`
`parties now submit this Joint Claim Construction Statement.
`
`Exhibit A attached hereto identifies the agreed claim terms. Exhibit B attached hereto
`
`identifies the disputed claim terms, the party that proposed the disputed claim term, and the
`
`proposed construction of the respective parties for each disputed claim term.
`
`DATED: December 21, 2021
`
`Respectfully submitted,
`
`/s/ Jason D. Cassady
`Jason D. Cassady
`Texas State Bar No. 24045625
`Email: jcassady@caldwellcc.com
`Christopher S. Stewart
`Texas State Bar No. 24079399
`Email: cstewart@caldwellcc.com
`Alexander A. Waldrop
`Texas State Bar No. 24102619
`Email: awaldrop@caldwellcc.com
`Bailey A. Blaies
`Texas State Bar No. 24109297
`Email: bblaies@caldwellcc.com
`CALDWELL CASSADY CURRY P.C.
`2121 N. Pearl St., Suite 1200
`
`1
`
`GM 1042
`
`
`
`Case 1:22-cv-00060-DAE Document 56 Filed 12/21/21 Page 2 of 10
`
`Dallas, Texas 75201
`Telephone: (214) 888-4848
`Facsimile: (214) 888-4849
`
`T. John Ward, Jr.
`Texas Bar No. 007944818
`jw@wsfirm.com
`WARD, SMITH & HILL, PLLC
`1507 Bill Owens Parkway
`Longview, TX 75604
`903-757-6400
`903-757-2323 (Facsimile)
`
`ATTORNEYS FOR PLAINTIFF
`NEO WIRELESS LLC
`
`/s/ Roger Fulghum__________________
`BAKER BOTTS LLP
`Roger Fulghum
`State of Texas Bar No. 00790724
`910 Louisiana Street
`Houston, Texas 77002
`Telephone: 713.229.1707
`Facsimile: 713.229.2707
`Email: roger.fulghum@bakerbotts.com
`
`Deron R. Dacus
`Texas Bar No. 00790553
`THE DACUS FIRM, P.C.
`821 ESE Loop 323, Suite 430
`Tyler, Texas 75701
`903-705-1117 (phone)
`903-581-2543 (fax)
`E-mail: ddacus@dacusfirm.com
`
`ATTORNEYS FOR DEFENDANTS
`DELL TECHNOLOGIES INC. AND
`DELL INC.
`
`
`CERTIFICATE OF SERVICE
`The undersigned certifies that the foregoing document was filed electronically with the
`
`Clerk of the Court using the CM/ECF system which will send notification of such filing to all
`
`counsel registered as Filing Users on this 21st day of December, 2021.
`
`2
`
`
`
`Case 1:22-cv-00060-DAE Document 56 Filed 12/21/21 Page 3 of 10
`
`/s/ Jason D. Cassady
`Jason D. Cassady
`
`
`
`
`
`
`
`
`
`3
`
`
`
`1
`
`meaning.
`The preamble is limiting. Plain and Ordinary
`
`Claim 17 of the ’366 Patent
`
`meaning.
`The preamble is limiting. Plain and Ordinary
`
`function.
`enabling the apparatus/element to perform the
`a function if it includes hardware and/or software
`An apparatus/element is “configured to” perform
`
`Joint Proposed Construction
`
`Claims 13, 14 of the ’941 Patent
`
`Claim 7 of the ’450 Patent
`
`Claim 1 of the ’366 Patent
`
`
`
`
`
`
`
`
`
`of the ’908 Patent
`Claims 1, 2, 3, 9, 21, 22, 23, 29
`
`Claims 1, 5 of the ’366 Patent
`
`Claims
`
`Agreed Claim Terms
`
`
`
`Claim 13 of the ’517 Patent
`
`
`
`
`
`station to a serving base
`transmission by a mobile
`method for signal
`communication system, a
`(OFDMA) wireless
`division multiple access
`“In an orthogonal frequency
`
`mobile station comprising:”
`communication channel, the
`in a cell via a
`with a serving base station
`configured to communicate
`stations, a mobile station
`base stations and mobile
`comprising a plurality of
`communication system
`access (OFDMA) wireless
`frequency division multiple
`“In a multi-cell orthogonal
`
`
`
`
`
`3
`
`2
`
`Claim Term
`
`“configured to”
`
`#
`
`1
`
`Exhibit A
`
`Case 1:22-cv-00060-DAE Document 56 Filed 12/21/21 Page 4 of 10
`
`4
`
`
`
`2
`
`meaning.
`The preamble is limiting. Plain and Ordinary
`
`Claim 8 of the ’941 Patent
`
`meaning.
`The preamble is limiting. Plain and Ordinary
`
`Claim 7 of the ’450 Patent
`
`comprising:”
`channel, the method
`station via a communication
`
`
`
`device configured to:”
`subcarriers, the mobile
`plurality of frequency
`OFDM symbol containing a
`(OFDM) symbols, and each
`multiplexing
`frequency division
`plurality of orthogonal
`interval comprising a
`time intervals, each time
`comprising a plurality of
`transmission, each frame
`multiple frames for
`using a frame structure of
`wireless packet system
`“A mobile device in a
`
`subchannels in the
`domain and frequency
`time slots in the time
`transmission structure with
`system utilizing a
`system, the communication
`(OFDM) communication
`Division Multiplexing
`an Orthogonal Frequency
`by a serving base station in
`by a mobile station served
`“A link adaptation method
`
`
`
`
`
`5
`
`4
`
`Case 1:22-cv-00060-DAE Document 56 Filed 12/21/21 Page 5 of 10
`
`Exhibit A
`
`5
`
`
`
`3
`
`transmission diversity systems.”
`supporting both MIMO and non-MIMO
`than MIMO. To avoid any doubt, this requires
`scheme or a transmission diversity scheme other
`scheme is capable of comprising either a MIMO
`than MIMO, wherein the antenna transmission
`comprising a transmission diversity scheme other
`scheme or an antenna transmission scheme
`transmission scheme that comprises a MIMO
`parameters alternatively indicate an antenna
`“the mobile-station specific transmission
`
`
`
`Patent
`Claims 8 & 13 of the ’941
`
`meaning.
`The preamble is limiting. Plain and Ordinary
`
`Claim 13 of the ’941 Patent
`
`receiver configured to:”
`mobile station comprising a
`frequency domain, the
`subchannels in the
`domain and frequency
`time slots in the time
`transmission structure with
`system utilizing a
`system, the communication
`(OFDM) communication
`Division Multiplexing
`Orthogonal Frequency
`a serving base station in an
`“A mobile station served by
`
`method comprising:”
`frequency domain, the
`
`
`
`scheme”
`multiple-output (MIMO)
`scheme or a multiple-input
`transmission diversity
`scheme comprising a
`“the antenna transmission
`
`
`
`
`
`
`
`7
`
`6
`
`Case 1:22-cv-00060-DAE Document 56 Filed 12/21/21 Page 6 of 10
`
`Exhibit A
`
`6
`
`
`
`1
`
`
`
`Preamble is not limiting.
`
`Indefinite.
`
`mobile station.
`with the cell] for identifying the
`of ranging sequences [associated
`by the mobile station from a set
`from a ranging sequence selected
`The ranging signal is formed
`
`domain of 9dBs or less.”
`average power ratio in the time
`domain” means “exhibits a peak-to-
`average power ratio in the time
`necessary, “exhibits a low peak-to-
`extent construction is deemed
`Alternative Construction: To the
`
`construction necessary.
`Plain and ordinary meaning. No
`
`
`
`ordinary meaning.
`Preamble is limiting. Plain and
`
`
`
`construction necessary.
`Plain and ordinary meaning. No
`
`’366 Patent
`17 of the
`Claims 1 &
`
`Patent
`the ’517
`Claim 1 of
`
`radio-frequency (RF)
`operating on multiple
`communication system
`(OFDMA) wireless
`division multiple access
`orthogonal frequency
`packets in an
`device to receive data
`“A method for a mobile
`
`’366 Patent
`17 of the
`Claims 1 &
`
`the time domain”
`average power ratio in
`“exhibits a low peak-to-
`
`
`
`station”
`identifying the mobile
`with the cell] for
`sequences [associated
`a set of ranging
`sequence selected from
`formed from a ranging
`“the ranging signal is
`
`
`
`Dell’s Proposed Construction
`
`Neo’s Proposed Construction
`
`Claims
`
`Claim Term
`
`Disputed Claim Terms
`
`3 Neo
`
`2 Dell
`
`# Proposed
`
`By
`
`1 Dell
`
`Case 1:22-cv-00060-DAE Document 56 Filed 12/21/21 Page 7 of 10
`
`Exhibit B
`
`7
`
`
`
`2
`
`
`
`a second RF band.
`for receiving a second signal over
`signal over a first RF band and
`resources for receiving a first
`indicates an allocation of airlink
`from a singular base station that
`Receiving a singular message
`
`construction necessary.
`Plain and ordinary meaning. No
`
`
`
`Patent
`the ’517
`Claim 13 of
`
`second RF band.
`resources in a first RF band and a
`indicates an allocation of airlink
`from a singular base station that
`Receiving a singular message
`
`construction necessary.
`Plain and ordinary meaning. No
`
`
`
`Patent
`the ’517
`Claim 1 of
`
`Preamble is not limiting.
`
`ordinary meaning.
`Preamble is limiting. Plain and
`
`Patent
`the ’517
`Claim 13 of
`
`RF band”
`signal … over a second
`band and a second
`signal… over a first RF
`receiving a first
`of airlink resources for
`indicating an allocation
`scheduling information
`serving base station, the
`information from a
`“receive scheduling
`
`
`
`second RF band”
`first RF band and a
`of airlink resources in a
`indicating an allocation
`scheduling information
`serving base station, the
`information from a
`“receiving scheduling
`
`device comprising:”
`bands, the mobile
`radio-frequency (RF)
`operating on multiple
`communication system
`(OFDMA) wireless
`division multiple access
`orthogonal frequency
`“A mobile device in an
`
`comprising:”
`bands, the method
`
`
`
`
`
`6 Dell
`
`5 Dell
`
`4 Neo
`
`Exhibit B
`
`Case 1:22-cv-00060-DAE Document 56 Filed 12/21/21 Page 8 of 10
`
`8
`
`
`
`3
`
`
`
`frequency domain.
`localized subcarriers in the
`either distributed subcarriers, or
`whether the subchannels are
`transmission parameters indicate
`The mobile station-specific
`
`
`
`
`
`(e.g., voice, data, video)”
`type of traffic being transmitted
`Alternative Construction: “the
`
`Indefinite.
`
`
`
`
`
`construction necessary.
`Plain and ordinary meaning. No
`
`
`
`construction necessary.
`Plain and ordinary meaning. No
`
`
`
`Patent
`the ’941
`and 13 of
`Claims 8
`
`Patent
`the ’517
`and 13 of
`Claims 1
`
`signal comprises a frame.
`comprises a frame and the second
`which means the first signal
`Plain and ordinary meaning,
`
`construction necessary.
`Plain and ordinary meaning. No
`
`
`
`’517 Patent
`13 of the
`Claims 1 &
`
`domain”
`in the frequency
`or localized subcarriers
`distributed subcarriers
`characterized by
`configuration
`subchannel
`corresponding
`configuration […] the
`subchannel
`[…] a corresponding
`parameters indicate
`specific transmission
`“the mobile station-
`
`
`
`“traffic characteristics”
`
`
`
`
`
`boundaries”
`having second frame
`second frame structure
`second signal with a
`frame boundaries and a
`structure having first
`with a first frame
`receiving a first signal
`resources [] for
`“allocation of airlink
`
`
`
`9 Dell
`
`8 Dell
`
`7 Dell
`
`Exhibit B
`
`Case 1:22-cv-00060-DAE Document 56 Filed 12/21/21 Page 9 of 10
`
`9
`
`
`
`4
`
`Preamble is not limiting.
`
`ordinary meaning.
`Preamble is limiting. Plain and
`
`Preamble is not limiting.
`
`ordinary meaning.
`Preamble is limiting. Plain and
`
`’908 Patent
`21 of the
`Claims 1 &
`
`
`
`Patent
`the ’908
`Claim 11 of
`
`
`
`the segment.
`starting time-frequency offset for
`Information that identifies the
`
`construction necessary.
`Plain and ordinary meaning. No
`
`
`
`Patent
`the ’450
`Claim 7 of
`
`coordinate”
`starting time-frequency
`“the segment having a
`
`Case 1:22-cv-00060-DAE Document 56 Filed 12/21/21 Page 10 of 10
`
`method comprising”
`by a mobile station, the
`“A method performed
`
`comprising”
`“A mobile station
`
`
`
`
`
`
`
`12 Neo
`
`11 Neo
`
`10 Dell
`
`Exhibit B
`
`10
`
`
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