Case 6:22-cv-00642-ADA Document 51 Filed 06/21/23 Page 1 of 8
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`Plaintiff,
`
`OZMO LICENSING LLC,
`
`
`
`v.
`
`DELL TECHNOLOGIES INC., and
`DELL INC.,
`
`
`
`Defendants.
`
`Civil Action No. 6:22-cv-00642-ADA
`
`
`
`JURY TRIAL DEMANDED
`
`
`
`
`JOINT CLAIM CONSTRUCTION STATEMENT
`
`
`
`
`
`
`
`In accordance with the Court’s January 9, 2023 Scheduling order (Dkt. No. 24), the parties
`
`hereby submit this Joint Claim Construction Statement with respect to the patents-in-suit, U.S.
`
`Patent Nos. 8,599,814 (“the ’814 patent”); 9,264,991 (“the ’991 patent”); 10,873,906 (“the ’906
`
`patent”); 11,012,934 (“the ’934 patent”); 11,122,504 (“the ’504 patent”); and 11,252,659 (“the
`
`’659 patent”) (collectively, “the patents-in-suit”).
`
`I.
`
`Agreed-Upon Constructions
`
`A.
`
`“protocol” (all patents, all claims)
`
`“set of rules”
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`B.
`
`“partially consistent / partially compliant” (‘814 patent, ‘934 patent, ‘504 patent,
`‘659 patent, ‘906 patent, all claims; ‘991 patent, claims 1-7, 9, 11-14, 16, 17, 19,
`20)
`
`“conforms to a part, but not the entirety of”
`
`C.
`
`“configured to agree / can agree / mutually agreeable” (‘814 patent, claim 5; ‘991
`patent, claims 8, 11, 12, 20; ‘906 patent, claims 1, 4; ‘934 patent, claims 1, 4; ‘504
`patent, claims 1, 4)
`
`1
`
`DELL
`EXHIBIT 1013 - PAGE 1
`
`
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`Plaintiff,
`
`OZMO LICENSING LLC,
`
`
`
`v.
`
`DELL TECHNOLOGIES INC., and
`DELL INC.,
`
`
`
`Defendants.
`
`Civil Action No. 6:22-cv-00642-ADA
`
`
`
`JURY TRIAL DEMANDED
`
`
`
`
`JOINT CLAIM CONSTRUCTION STATEMENT
`
`
`
`
`
`
`
`In accordance with the Court’s January 9, 2023 Scheduling order (Dkt. No. 24), the parties
`
`hereby submit this Joint Claim Construction Statement with respect to the patents-in-suit, U.S.
`
`Patent Nos. 8,599,814 (“the ’814 patent”); 9,264,991 (“the ’991 patent”); 10,873,906 (“the ’906
`
`patent”); 11,012,934 (“the ’934 patent”); 11,122,504 (“the ’504 patent”); and 11,252,659 (“the
`
`’659 patent”) (collectively, “the patents-in-suit”).
`
`I.
`
`Agreed-Upon Constructions
`
`A.
`
`“protocol” (all patents, all claims)
`
`“set of rules”
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`B.
`
`“partially consistent / partially compliant” (‘814 patent, ‘934 patent, ‘504 patent,
`‘659 patent, ‘906 patent, all claims; ‘991 patent, claims 1-7, 9, 11-14, 16, 17, 19,
`20)
`
`“conforms to a part, but not the entirety of”
`
`C.
`
`“configured to agree / can agree / mutually agreeable” (‘814 patent, claim 5; ‘991
`patent, claims 8, 11, 12, 20; ‘906 patent, claims 1, 4; ‘934 patent, claims 1, 4; ‘504
`patent, claims 1, 4)
`
`1
`
`DELL
`EXHIBIT 1013 - PAGE 1
`
`
`
`Case 6:22-cv-00642-ADA Document 51 Filed 06/21/23 Page 2 of 8
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`“jointly determine”
`
`D.
`
`“first [wireless] network / second [wireless] network” (‘814 patent, claims 1-4, 6,
`11; ‘991 patent, claims 1-3, 6-9, 13, 17, 19; ‘659 patent, claims 1-3, 5, 15, 16)
`
`plain and ordinary meaning
`
`E.
`
`“logic for processing data received via the wireless radio circuit” (‘814 patent,
`claims 1, 6, 7)
`
`Subject to 35 U.S.C. §112(f)
`
`Function: processing data received via the wireless radio circuit
`
`Structure: processing unit 28
`
`
`F.
`
`“logic for generating data to be transmitted by the wireless radio circuit” (‘814
`patent, claim 1)
`
`Subject to 35 U.S.C. §112(f)
`
`Function: generating data to be transmitted by the wireless radio circuit
`
`Structure: processing unit 28
`
`
`G.
`
`“logic for initiating and maintaining wireless network connections with nodes of a
`wireless network external to the network-enabled hub, maintaining at least a first
`wireless network connection using a first wireless network protocol and a second
`wireless network connection using a second wireless network protocol, that can
`be maintained, at times, simultaneously with each other in a common wireless
`space” (‘814 patent, claim 1)
`
`
`Subject to 35 U.S.C. §112(f)
`
`Function: initiating and maintaining wireless network connections with nodes of a wireless
`network external to the network-enabled hub, maintaining at least a first wireless network
`connection using a first wireless network protocol and a second wireless network connection
`using a second wireless network protocol, that can be maintained, at times, simultaneously
`with each other in a common wireless space
`
`
`2
`
`DELL
`EXHIBIT 1013 - PAGE 2
`
`
`
`Case 6:22-cv-00642-ADA Document 51 Filed 06/21/23 Page 3 of 8
`
`
`
`
`
`
`
`
`
`
`
`Structure: wireless circuit 27, processing unit 28, and software platform 36
`
`
`“data forwarding logic” (‘814 patent, claim 1; ‘991 patent, claims 1, 11)
`
`H.
`
`Plain and ordinary meaning
`
`I.
`
`“a routing module for receiving a poll request that contains information required
`to unambiguously identify a station that is a node in the second network, wherein
`the routing module coordinates retrieval of information from the station” (‘814
`patent, claim 2; ‘991 patent, claims 2, 19)
`
`Subject to 35 U.S.C. §112(f)
`
`Function: receiving a poll request that contains information required to unambiguously
`identify a station that is a node in the second network, wherein the routing module coordinates
`retrieval of information from the station
`
`Structure: Processing unit 28 executing the algorithm at 7:66-8:7 and 8:11-14, and their
`equivalents
`
`
`II.
`
`Disputed Constructions
`
`A.
`
`“WLAN”: “wireless local area network” (‘814 patent, claim 3) / “wireless LAN”
`(‘991 patent, claims 3-5) / “wireless local area network (WLAN)” (‘906 patent,
`claims 1, 4; ‘934 patent, claims 1, 4, 7, 11; ‘504 patent, claims 1, 4, 7, 11) / “WLAN”
`(‘659 patent, claims 1, 4, 11, 12, 21-23, 25, 26, 28)
`
`
`
`
`
`
`
`Term proposed by: Dell
`
`Dell’s Proposed Construction
`“a wireless network with a typical coverage
`range on the order of 300 feet”
`
`B.
`
`Ozmo’s Proposed Construction
`Plain and ordinary meaning
`
`“WPAN”: “wireless personal area network (‘WPAN’)” (‘814 patent, claim 5; ‘991
`patent, claims 11-12, 19-20; ’906 patent, claims 1, 4, 6, 7, 9, 10, 12; ‘934 patent,
`claims 1, 4, 7-9, 12; ’504 patent, claims 1, 4, 7-9, 12, 14) / “WPAN” (‘659 patent,
`claims 1, 4, 6, 14, 15)
`
`
`Term proposed by: Dell and Ozmo
`
`
`Dell’s Proposed Construction
`
`Ozmo’s Proposed Construction
`
`3
`
`DELL
`EXHIBIT 1013 - PAGE 3
`
`
`
`Case 6:22-cv-00642-ADA Document 51 Filed 06/21/23 Page 4 of 8
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`“a wireless network with a typical coverage
`range on the order of 30 feet”
`
`“a short-range wireless network usable to
`connect peripherals
`to devices
`in close
`proximity”
`
`
`C.
`
`“802.11x” (‘814 patent, claim 4; ‘991 patent, claims 7, 19; ‘906 patent, claims 1, 4;
`‘934 patent, claims 1, 4, 11; ‘504 patent, claims 1, 4, 11; ‘659 patent, claims 13, 24,
`27)
`
`
`Term proposed by: Dell
`
`
`Dell’s Proposed Construction
`Indefinite
`
`alternatively:
`
`all amendments to 802.11 as of March 14, 2006
`
`Ozmo’s Proposed Construction
`Plain and ordinary meaning
`
`
`D.
`
`“overlay protocol” (‘814 patent, claim 1; ‘991 patent, claims 1, 19; ‘906 patent,
`claims 1, 4; ‘934 patent, claims 1, 4, 7; ‘504 patent, claims 1, 4; ‘659 patent, claim
`4)
`
`
`Term proposed by: Dell and Ozmo
`
`Dell’s Proposed Construction
`“a second protocol that has elements that are
`reuses of elements of a first protocol to provide
`one or more advantages”
`
`Ozmo’s Proposed Construction
`“a protocol governing a second network,
`which protocol has aspects in common with a
`first network protocol to reduce interference
`such that the second and first networks can co-
`exist”
`
`
`E.
`
`“at least partially disable the wireless connection” (‘906 patent, claims 1, 4; ‘934
`patent, claims 1, 4; ‘504 patent, claims 1, 4)
`
`Term proposed by: Dell and Ozmo
`
`Dell’s Proposed Construction
`“at least partially do not maintain the wireless
`connection”
`
`Ozmo’s Proposed Construction
`Plain and ordinary meaning
`
`“disable the second connection” (‘659 patent, claim 6)
`
`F.
`
`Term proposed by: Dell
`
`4
`
`DELL
`EXHIBIT 1013 - PAGE 4
`
`
`
`Case 6:22-cv-00642-ADA Document 51 Filed 06/21/23 Page 5 of 8
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Dell’s Proposed Construction
`“do not maintain the second connection”
`
`Ozmo’s Proposed Construction
`Plain and ordinary meaning
`
`G.
`
`“the disabling” / “the at least part is disabled” (‘934 patent, claim 2; 504 patent,
`claim 2)
`
`
`Term proposed by: Dell
`
`Dell’s Proposed Construction
`Indefinite
`
`Ozmo’s Proposed Construction
`Plain and ordinary meaning
`
`H.
`
`“logic to coordinate a mutually agreeable inactivity period” (‘814 patent, claim 5,
`‘991 patent, claims 11, 12, 20)
`
`
`Term proposed by: Dell
`
`Dell’s Proposed Construction
`Subject to 35 U.S.C. §112(f)
`
`Function: “coordinate a mutually agreeable
`inactivity period”
`
`Structure: none (indefinite)
`
`
`Ozmo’s Proposed Construction
`Subject to 35 U.S.C. §112(f)
`
`Function: “coordinate a mutually agreeable
`inactivity period”
`
`Structure: processing unit 28 executing
`algorithms at ‘814 patent, col. 12, ln. 13 to col.
`13, ln. 14, and equivalents
`
`
`I.
`
`“logic for data forwarding between an originating node that is a node in of one of
`the first and second networks and a destination node that is a node in of the other
`of the first and second networks, the logic for data forwarding including logic for
`processing a data packet from the originating node to identify an address of the
`destination node in the data packet and using that address to transmit data into the
`second network” (‘991 patent, claim 19)
`
`
`Term proposed by: Dell
`
`Dell’s Proposed Construction
`Subject to 35 U.S.C. §112(f)
`
`forwarding between an
`Function: “data
`originating node that is a node in of one of the
`first and second networks and a destination
`node that is a node in of the other of the first
`and second networks, the logic for data
`forwarding including logic for processing a
`
`Ozmo’s Proposed Construction
`Not subject to 35 U.S.C. §112(f)
`
`Plain and ordinary meaning
`
`5
`
`DELL
`EXHIBIT 1013 - PAGE 5
`
`
`
`Case 6:22-cv-00642-ADA Document 51 Filed 06/21/23 Page 6 of 8
`
`data packet from the originating node to
`identify an address of the destination node in
`the data packet and using that address to
`transmit data into the second network”
`
`Structure: processing unit 28 executing an
`algorithm to read the IP address on incoming
`packets and forward the packets to that IP
`address
`
`
`J.
`
`“logic for uniquely identifying the destination node from data received from the
`originating node such that the network-enabled hub can use that data to transmit
`data into the second wireless network” (‘814 patent, claim 11)
`
`
`Term proposed by: Dell
`
`Dell’s Proposed Construction
`Subject to 35 U.S.C. §112(f)
`
`Function: “uniquely identifying the destination
`node from data received from the originating
`node such that the network-enabled hub can
`use that data to transmit data into the second
`wireless network”
`
`Structure: processing unit 28 executing an
`algorithm to read the IP address on incoming
`packets and forward the packets to that IP
`address and equivalents
`
`Ozmo’s Proposed Construction
`Subject to 35 U.S.C. §112(f)
`
`Function: “uniquely identifying the destination
`node from data received from the originating
`node such that the network-enabled hub can
`use that data to transmit data into the second
`wireless network”
`
`Structure: processing unit 28 and algorithms at
`‘814 patent, col. 7, ln. 52 to col. 8, ln. 15
`
`K.
`
`“wherein the network-enabled hub and the device include logic, in one or both of
`the network-enabled hub and the device, for initiating device discovery by sending
`broadcast discovery requests on a pre-defined channel” (‘991 patent, claim 9)
`
`
`Term proposed by: Dell
`
`Dell’s Proposed Construction
`Indefinite
`
`Ozmo’s Proposed Construction
`Not subject to 35 U.S.C. §112(f)
`
`Plain and ordinary meaning
`
`alternatively,
`
`
`6
`
`
`
`
`
`
`
`
`
`
`
`
`
`DELL
`EXHIBIT 1013 - PAGE 6
`
`
`
`Case 6:22-cv-00642-ADA Document 51 Filed 06/21/23 Page 7 of 8
`
`Function: “initiating device discovery by
`sending broadcast discovery requests on a pre-
`defined channel” ”
`
`Structure: processing unit 28/24, including
`algorithms at ‘814 patent, col. 13, ln. 16 to col.
`14, ln. 27 and equivalents
`
`
`L.
`
`“wherein the network-enabled hub and the device include logic, in one or both of
`the network-enabled hub and the device, for indicating characteristics and/or state
`of the network-enabled hub and/or device” (‘991 patent, claim 10)
`
`
`Term proposed by: Dell
`
`Dell’s Proposed Construction
`Indefinite
`
`Ozmo’s Proposed Construction
`Not subject to 35 U.S.C. §112(f)
`
`Plain and ordinary meaning
`
`alternatively,
`
`Function: “indicating characteristics and/or
`state of the network-enabled hub and/or
`device”
`
`Structure: processing unit 28 and/or 24 and
`algorithms at ‘814 patent, col. 13, ln. 38 to col.
`14, ln. 3 and equivalents
`
`
`
`
`7
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`DELL
`EXHIBIT 1013 - PAGE 7
`
`
`
`Case 6:22-cv-00642-ADA Document 51 Filed 06/21/23 Page 8 of 8
`
`
`
`Dated: June 21, 2023
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`
`
`/s/ Karl Rupp
`KARL RUPP
`State Bar No. 24035243
`SOREY & HOOVER LLP
`100 N. 6th Street, Suite 502
`Waco, TX 76701
`Tel: 903-230-5600
`Fax: 903-230-5656
`krupp@soreylaw.com
`
`Matthew D. Vella
`Robert R. Gilman
`James J. Foster
`Aaron S. Jacobs
`Alyssa H. Ruderman
`PRINCE LOBEL TYE LLP
`One International Place, Suite 3700
`Boston, MA 02110
`Tel: (617) 456-8000
`Fax: (617) 456-8100
`mvella@princelobel.com
`rgilman@princelobel.com
`jfoster@princelobel.com
`ajacobs@princelobel.com
`aruderman@princelobel.com
`
`COUNSEL for PLAINTIFF
`
`
`
`
`CERTIFICATE OF SERVICE
`
`
`I hereby certify that a true and correct copy of the above foregoing document has been
`
`delivered to all counsel of record through the Court’s CM/ECF service on this 21st day of June,
`2023.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Karl Rupp
`
`
`
`
`
`
`
`8
`
`DELL
`EXHIBIT 1013 - PAGE 8
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
