From:
`Sent:
`To:
`
`Cc:
`Subject:
`
`Elizabeth Knuppel <Elizabeth_Knuppel@txwd.uscourts.gov>
`Wednesday, June 28, 2023 1:31 PM
`krupp@soreylaw.com; ajacobs@princelobel.com; Erickson, Brian; Katsantonis, Chris;
`Deck, Christopher; Gibson, Erin; jhall@princelobel.com; jfoster@princelobel.com;
`Guaragna, John; mvella@princelobel.com; rgilman@princelobel.com; Piper, Stephanie
`Kristie Davis; Lily Reznik
`RE: Preliminary Constructions - Ozmo Licensing v. Dell, No. 6:22-cv-642
`
` EXTERNAL MESSAGE
`
`Counsel,
`
`My apologies—that was a typographical error on my part. Please use the constructions below for “overlay protocol.”
`
`Defendant Dell’s
`Construction
`“a second protocol
`that has elements that
`are reuses of elements
`of a first protocol to
`provide one or more
`advantages”
`
`Plaintiff Ozmo’s
`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”
`
`Preliminary
`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”
`
`No. Claim Term
`
`4
`
`“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
`
`[proposed by both
`parties]
`
`Thanks,
`Beth
`
`Elizabeth Knuppel
`Law Clerk to the Honorable Alan D Albright
`United States District Court, Western District of Texas
`
`From: Karl Rupp <krupp@soreylaw.com>
`Sent: Wednesday, June 28, 2023 12:18 PM
`To: Elizabeth Knuppel <Elizabeth_Knuppel@txwd.uscourts.gov>; ajacobs@princelobel.com;
`brian.erickson@dlapiper.com; chris.katsantonis@us.dlapiper.com; christopher.deck@us.dlapiper.com;
`erin.gibson@us.dlapiper.com; jhall@princelobel.com; jfoster@princelobel.com; john.guaragna@dlapiper.com;
`mvella@princelobel.com; rgilman@princelobel.com; stephanie.piper@us.dlapiper.com
`Cc: Kristie Davis <Kristie_Davis@txwd.uscourts.gov>; Lily Reznik <Lily_Reznik@txwd.uscourts.gov>
`Subject: RE: Preliminary Constructions - Ozmo Licensing v. Dell, No. 6:22-cv-642
`1
`
`DELL
`EXHIBIT 1035 - PAGE 1
`
`

`

`CAUTION - EXTERNAL:
`
`Beth,
`
`Because I believe it likely to be merely a typographical omission rather than intentional, I wanted to call
`one issue to your attention in advance of our hearing this afternoon as to term number 4 below,
`“overlay protocol.” For both Plaintiff Ozmo’s proposed construction and the Court’s Preliminary
`Construction, the word “aspects” is omitted from the chart below. In our proposal, which tracked the
`Court’s previous ruling in the Acer litigation, we urged the construction as “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.” Can you please advise whether the
`omission was intentional or inadvertent ?
`
`Best,
`Karl
`
`Karl Rupp, Partner
`
`100 N. 6th Street
` Suite 502
` Waco, TX 76701
` Mobile: 214-924-5658
` Ph: 254-265-6817
` Fax: 903-230-5656
`http://www.soreylaw.com
`
`From: Elizabeth Knuppel <Elizabeth_Knuppel@txwd.uscourts.gov>
`Sent: Tuesday, June 27, 2023 6:47 PM
`To: ajacobs@princelobel.com; aruderman@princelobel.com; brian.erickson@dlapiper.com;
`chris.katsantonis@us.dlapiper.com; christopher.deck@us.dlapiper.com; erin.gibson@us.dlapiper.com;
`jhall@princelobel.com; jfoster@princelobel.com; john.guaragna@dlapiper.com; Karl Rupp <krupp@soreylaw.com>;
`mvella@princelobel.com; rgilman@princelobel.com; stephanie.piper@us.dlapiper.com
`Cc: Kristie Davis <Kristie_Davis@txwd.uscourts.gov>; Lily Reznik <Lily_Reznik@txwd.uscourts.gov>
`Subject: Preliminary Constructions - Ozmo Licensing v. Dell, No. 6:22-cv-642
`
`Counsel,
`
`For the Markman hearing tomorrow at 2:30 p.m. in Ozmo Licensing v. Dell, No. 6:22-cv-642, the Court provides the
`following preliminary constructions. The parties are welcome to argue for their originally proposed construction.
`However, the Court will usually not adopt a party’s originally proposed construction over the preliminary construction.
`
`2
`
`DELL
`EXHIBIT 1035 - PAGE 2
`
`

`

`Instead, the Court encourages arguments that fine-tune the preliminary constructions. The Court also encourages the
`parties to narrow the number of claim terms they wish to argue at the hearing.
`
`Of the below terms, please let me know which terms each side would like to argue by tomorrow at 10:00 a.m. Each side
`may email their list separately copying counsel or submit a joint list. If submitting a joint list, please indicate which party
`wants to argue each term. Unless the parties jointly agree on a sequence of terms for argument, the Court will decide
`the sequence. Also by tomorrow at 10:00 a.m., please submit any slides the parties wish to use at the Markman hearing
`(and CC the other side).
`
`To assist our court reporters (Kristie Davis and Lily Reznik, CC’d), please email them a copy of your slides, even if only a
`draft, as soon as your slides contain the difficult-to-transcribe words that you might articulate. When you email the
`court reporters, there is no need to CC the other side or the Court.
`
`If you plan to have any younger associates argue, please introduce them when you state your appearances.
`
`Defendant Dell’s
`Construction
`“a wireless network with
`a typical coverage range
`on the order of 300 feet”
`
`Plaintiff Ozmo’s
`Construction
`Plain and ordinary
`meaning
`
`Preliminary Construction
`
`Plain and ordinary
`meaning
`
`No. Claim Term
`
`1
`
`“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
`
`[proposed by Defendant]
`
`2
`
`“WPAN,” “wireless
`personal area network
`(‘WPAN’)”
`
`“a wireless network with
`a typical coverage range
`on the order of 30 feet”
`
`’814 patent, claim 5
`’991 patent, claims 11-12,
`19-20
`’906 patent, claims 1, 4,
`6, 7, 9, 10, 12
`
`3
`
`“a short-range wireless
`network usable to
`connect peripherals to
`devices in close
`proximity”
`
`“a short-range wireless
`network usable to
`connect peripherals to
`devices in close
`proximity”
`
`DELL
`EXHIBIT 1035 - PAGE 3
`
`

`

`’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
`
`[proposed by both
`parties]
`
`3
`
`“802.11x”
`
`Indefinite
`
`’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
`
`[proposed by Defendant]
`
`4
`
`“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
`
`[proposed by both
`parties]
`
`5
`
`“at least partially disable
`the wireless connection”
`
`’906 patent, claims 1, 4
`’934 patent, claims 1, 4
`’504 patent, claims 1, 4
`
`[proposed by both
`parties]
`
`Plain and ordinary
`meaning
`
`All versions to 802.11 as
`of March 14, 2006
`
`Alternatively: “all
`amendments to 802.11 as
`of March 14, 2006”
`
`“a second protocol that
`has elements that are
`reuses of elements of a
`first protocol to provide
`one or more advantages”
`
`“a protocol governing a
`second network, which
`protocol has in common
`with a first network
`protocol to reduce
`interference such that the
`second and first networks
`can co-exist”
`
`“a protocol governing a
`second network, which
`protocol has in common
`with a first network
`protocol to reduce
`interference such that the
`second and first networks
`can co-exist”
`
`“at least partially do not
`maintain the wireless
`connection”
`
`Plain and ordinary
`meaning
`
`Plain and ordinary
`meaning
`
`4
`
`DELL
`EXHIBIT 1035 - PAGE 4
`
`

`

`6
`
`7
`
`8
`
`9
`
`’934 patent, claim 2
`’504 patent, claim 2
`
`[proposed by Defendant]
`
`“logic to coordinate a
`mutually agreeable
`inactivity period”
`
`’814 patent, claim 5
`’991 patent, claims 11,
`12, 20
`
`[proposed by Defendant]
`
`“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”
`
`“disable the second
`connection”
`
`“do not maintain the
`second connection”
`
`Plain and ordinary
`meaning
`
`Plain and ordinary
`meaning
`
`’659 patent, claim 6
`
`[proposed by Defendant]
`
`“the disabling,” “the at
`least part is disabled”
`
`Indefinite
`
`Plain and ordinary
`meaning
`
`Not indefinite; plain and
`ordinary meaning,
`wherein “the disabling”
`and “the at least part is
`disabled” refer to the
`limitation “wherein the
`WPAN protocol provides
`for the first wireless
`device to disable at least
`a part of said
`coordination following a
`start of inactivity time.”
`
`Subject to 35 U.S.C. §
`112(f)
`
`Subject to 35 U.S.C. §
`112(f)
`
`Subject to 35 U.S.C. §
`112(f)
`
`Function: “coordinate a
`mutually agreeable
`inactivity period”
`
`Function: “coordinate a
`mutually agreeable
`inactivity period”
`
`Function: “coordinate a
`mutually agreeable
`inactivity period”
`
`Structure: none
`(indefinite)
`
`Structure: processing unit
`28 executing algorithms
`at ’814 patent, col. 12, ln.
`13 to col. 13, ln. 14, and
`equivalents
`
`Structure: processing unit
`28 executing algorithms
`at ’814 patent, col. 12, ln.
`13 to col. 13, ln. 14, and
`equivalents
`
`Subject to 35 U.S.C. §
`112(f)
`
`Not subject to 35 U.S.C. §
`112(f)
`
`Subject to 35 U.S.C. §
`112(f)
`
`Plain and ordinary
`meaning
`
`Function: “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
`
`5
`
`Function: “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
`
`DELL
`EXHIBIT 1035 - PAGE 5
`
`

`

`10
`
`11
`
`’991 patent, claim 19
`
`[proposed by Defendant]
`
`“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
`
`[proposed by Defendant]
`
`“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
`
`[proposed by Defendant]
`
`12
`
`“wherein the network-
`enabled hub and the
`device include logic, in
`
`Indefinite
`
`6
`
`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
`
`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
`
`Subject to 35 U.S.C. §
`112(f)
`
`Subject to 35 U.S.C. §
`112(f)
`
`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”
`
`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”
`
`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
`
`Indefinite
`
`Structure: processing unit
`28 and algorithms at ‘814
`patent, col. 7, ln. 52 to
`col. 8, ln. 15, and
`equivalents
`
`Structure: processing unit
`28 and algorithms at ‘814
`patent, col. 7, ln. 52 to
`col. 8, ln. 15, and
`equivalents
`
`Not subject to 35 U.S.C. §
`112(f); plain and ordinary
`meaning
`
`Alternatively,
`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
`
`Not subject to 35 U.S.C. §
`112(f); plain and ordinary
`meaning
`
`Subject to 35 U.S.C. §
`112(f)
`
`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
`
`Subject to 35 U.S.C. §
`112(f)
`
`DELL
`EXHIBIT 1035 - PAGE 6
`
`

`

`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
`
`[proposed by Defendant]
`
`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
`
`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
`
`Thanks,
`Beth
`
`Elizabeth Knuppel
`Law Clerk to the Honorable Alan D Albright
`United States District Court, Western District of Texas
`
`Join ZoomGov Meeting
`https://txwd-uscourts.zoomgov.com/j/1613131172?pwd=ek9WOFZLeHZXalNYVmFOdkJabDJoQT09
`
`Meeting ID: 161 313 1172
`Passcode: 167817
`One tap mobile
`+16692545252,,1613131172#,,,,*167817# US (San Jose)
`+16692161590,,1613131172#,,,,*167817# US (San Jose)
`
`Dial by your location
` +1 669 254 5252 US (San Jose)
` +1 669 216 1590 US (San Jose)
` +1 551 285 1373 US
` +1 646 828 7666 US (New York)
`Meeting ID: 161 313 1172
`Passcode: 167817
`Find your local number: https://txwd-uscourts.zoomgov.com/u/ae3OuAb5i
`
`Join by SIP
`1613131172@sip.zoomgov.com
`
`Join by H.323
`161.199.138.10 (US West)
`161.199.136.10 (US East)
`Meeting ID: 161 313 1172
`Passcode: 167817
`
`CAUTION - EXTERNAL EMAIL: This email originated outside the Judiciary. Exercise caution when opening
`attachments or clicking on links.
`
`7
`
`DELL
`EXHIBIT 1035 - PAGE 7
`
`