Exhibit 3
`
`Case 2:15-cv-00037-RWS Document 87-5 Filed 02/05/16 Page 1 of 15 PageID #: 2111
`
`
`
`

`

`Case 2:15-cv-00037-RWS Document 87-5 Filed 02/05/16 Page 2 of 15 PageID #: 2112
`Exhibit B4 to Hughes Invalidity Contentions
`
`Invalidity Chart for U.S. Patent No. 6,240,073 Based on Anderlind
`
`
`As set forth below, Hughes contends that “Resource Allocation in Multi-Service Wireless Access Networks” by Anderlind
`(“Anderlind”) anticipates one or more claims of U.S. Patent No. 6,240,073 (“the ‘073 Patent”) or renders ‘073 Patent obvious, either
`alone or in conjunction with other prior art. The ‘073 Patent was filed on November 14, 1997, and makes no claim to an earlier
`priority date. Anderlind is, on its face, prior art to the ‘073 Patent at least under 35 U.S.C. § 102(b) as of its October 1997 publication
`date.
`
`Defendants’ contentions are based upon information available to it at the time of serving these contentions. In the absence of a claim
`construction order from the Court, Defendants have based the invalidity contentions on the broadest reasonable interpretation of the
`claim language itself1 or the meaning ascribed to the claim by Plaintiff in its infringement contentions (which in some instances is
`broader). Defendants’ disclosures do not reflect, and nothing in these disclosures should be construed as reflecting, Defendants’
`endorsement or assertion of any particular claim construction. Defendants reserve the right to propose alternative claim constructions
`and to challenge claim constructions offered by Plaintiff.
`
`In the following claim charts, Defendants have cited representative portions of the identified reference, even where the cited reference
`may contain additional support for a particular claim element. Persons of ordinary skill in the art would have known to read
`references as a whole, and in the context of other publications and literature and the knowledge of one of ordinary skill in the art.
`Defendants may rely on all such information, including uncited portions of the prior art references listed herein and on other
`publications and testimony to provide context and as aids to understanding and interpreting the listed references. Furthermore,
`Defendant may rely on all such information to establish that a person of ordinary skill in the art would have been motivated to modify
`or combine any of the cited references so as to render the claims obvious. Additionally, citations to a particular figure in a prior art
`reference encompass all text relating to the figure, and citations to text encompass all figures relating to that text.
`
`
`
`
`
`
`
`
`
`
`1 See, e.g., MPEP § 2111 (8th ed., 8th rev. 2010).
`
`Active 23537740.1
`
`1
`
`

`

`Case 2:15-cv-00037-RWS Document 87-5 Filed 02/05/16 Page 3 of 15 PageID #: 2113
`Exhibit B4 to Hughes Invalidity Contentions
`
`
`Mark
`2
`
`‘073 Claim Limitation
`A multiple access communications system
`for use in a satellite communication
`network, comprising:
`
`2a
`
`a plurality of user terminals for
`generating data to be transmitted over
`said multiple access communication
`system;
`
`2b
`
`at least one hub for receiving data over
`
`Invalidity Analysis
`Anderlind discloses a multiple access communications system for use in a
`satellite communication network. For example,
`
`Viewing Anderlind as a whole and in view of other prior art, this element
`would have been inherent or obvious to one of ordinary skill in the art. To the
`extent it is found that the element is not expressly disclosed in Anderlind,
`Anderlind renders it obvious, either alone, in combination with the knowledge
`of a person of ordinary skill in the art, and/or in combination with other prior
`art references identified in the cover pleading or herein.
`Anderlind discloses a plurality of user terminals for generating data to be
`transmitted over said multiple access communication system. For example,
`
`“Simultaneous service to several terminals is possible due to segmentation of
`the resource into unit channels, or by imposing limits on the maximum time a
`terminal may continuously transmit.”
`[Anderlind: page 5].
`
`“The most widespread wireless systems are the broadcasting networks used
`for distributing radio and television. In these networks the information flow is
`uni-directional, from a few high power transmitters to a mass of receivers. In
`this work we will focus on bi-directional wireless access systems, similar in
`structure to mobile telephony.”
`[Anderlind: Section 1.1, page 2].
`
`Viewing Anderlind as a whole and in view of other prior art, this element
`would have been inherent or obvious to one of ordinary skill in the art. To the
`extent it is found that the element is not expressly disclosed in Anderlind,
`Anderlind renders it obvious, either alone, in combination with the knowledge
`of a person of ordinary skill in the art, and/or in combination with other prior
`art references identified in the cover pleading or herein.
`Anderlind discloses at least one hub for receiving data over said multiple
`
`Active 23537740.1
`
`2
`
`

`

`Case 2:15-cv-00037-RWS Document 87-5 Filed 02/05/16 Page 4 of 15 PageID #: 2114
`Exhibit B4 to Hughes Invalidity Contentions
`
`Mark
`
`‘073 Claim Limitation
`said multiple access communication
`system from said plurality of user
`terminals;
`
`2c
`
`transmitter means within each user
`terminal for receiving data to be
`transmitted from said user terminal to
`said hub,
`
`Invalidity Analysis
`access communication system from said plurality of user terminals. For
`example,
`
`“The most widespread wireless systems are the broadcasting networks used
`for distributing radio and television. In these networks the information flow is
`uni-directional, from a few high power transmitters to a mass of receivers. In
`this work we will focus on bi-directional wireless access systems, similar in
`structure to mobile telephony.”
`[Anderlind: Section 1.1, page 2].
`
`Viewing Anderlind as a whole and in view of other prior art, this element
`would have been inherent or obvious to one of ordinary skill in the art. To the
`extent it is found that the element is not expressly disclosed in Anderlind,
`Anderlind renders it obvious, either alone, in combination with the knowledge
`of a person of ordinary skill in the art, and/or in combination with other prior
`art references identified in the cover pleading or herein.
`Anderlind discloses a transmitter means within each user terminal for
`receiving data to be transmitted from said user terminal to said hub.
`
`The structures that perform this function are described below.
`
`For example,
`
`“The most widespread wireless systems are the broadcasting networks used
`for distributing radio and television. In these networks the information flow is
`uni-directional, from a few high power transmitters to a mass of receivers. In
`this work we will focus on bi-directional wireless access systems, similar in
`structure to mobile telephony.”
`[Anderlind: Section 1.1, page 2].
`
`“Random access protocols such as ALOHA or CSMA [115] stipulate rules for
`when a terminal may transmit, for how long, and what action to take when
`
`Active 23537740.1
`
`3
`
`

`

`Case 2:15-cv-00037-RWS Document 87-5 Filed 02/05/16 Page 5 of 15 PageID #: 2115
`Exhibit B4 to Hughes Invalidity Contentions
`
`Mark
`
`‘073 Claim Limitation
`
`2d
`
`2e
`
`said transmitter means including first
`communication means for transmitting
`short bursty data in combination with a
`second communications means for
`continuous transmission of data;
`
`switching means coupled to said
`transmitter means for switching
`transmission between said first
`communication means and said second
`communication means in accordance
`with predefined criteria, and
`
`Invalidity Analysis
`another simultaneous transmission is detected.”
`[Anderlind: page 5].
`
`“Random access protocols are very useful when transmissions are
`unpredictable. Contention free access protocols, such as TDMA and CDMA,
`assign a unit channel to a specific communicating pair. It then has sole right to
`use this channel. If the required number of unit channels is too high, service is
`blocked for some terminals.”
`[Anderlind: page 5].
`
`Viewing Anderlind as a whole and in view of other prior art, this element
`would have been inherent or obvious to one of ordinary skill in the art. To the
`extent it is found that the element is not expressly disclosed in Anderlind,
`Anderlind renders it obvious, either alone, in combination with the knowledge
`of a person of ordinary skill in the art, and/or in combination with other prior
`art references identified in the cover pleading or herein.
`Viewing Anderlind as a whole and in view of other prior art, this element
`would have been inherent or obvious to one of ordinary skill in the art. To the
`extent it is found that the element is not expressly disclosed in Anderlind,
`Anderlind renders it obvious, either alone, in combination with the knowledge
`of a person of ordinary skill in the art, and/or in combination with other prior
`art references identified in the cover pleading or herein.
`Anderlind discloses a switching means coupled to said transmitter means for
`switching transmission between said first communication means and said
`second communication means in accordance with predefined criteria.
`
`The structures that perform this function are described below.
`
`For example,
`
`“The difference between variable and available bit rate is that the first
`accommodates any fluctuations (within some limits) in the source rate, while
`
`Active 23537740.1
`
`4
`
`

`

`Case 2:15-cv-00037-RWS Document 87-5 Filed 02/05/16 Page 6 of 15 PageID #: 2116
`Exhibit B4 to Hughes Invalidity Contentions
`
`Mark
`
`2f
`
`2g
`
`‘073 Claim Limitation
`
`receiver means within said at least one
`hub adapted to receive data transmitted
`by said plurality of terminals utilizing
`either said first communication means or
`said second communications means;
`
`Invalidity Analysis
`the second provides the terminal with a transmission rate that may later be
`altered due to changes in the traffic load.”
`[Anderlind: Section 3.5, page 37].
`
`Viewing Anderlind as a whole and in view of other prior art, this element
`would have been inherent or obvious to one of ordinary skill in the art. To the
`extent it is found that the element is not expressly disclosed in Anderlind,
`Anderlind renders it obvious, either alone, in combination with the knowledge
`of a person of ordinary skill in the art, and/or in combination with other prior
`art references identified in the cover pleading or herein.
`Anderlind discloses a receiver means within said at least one hub adapted to
`receive data transmitted by said plurality of terminals utilizing either said first
`communication means or said second communications means.
`
`The structures that perform this function are described below.
`
`For example,
`
`“The most widespread wireless systems are the broadcasting networks used
`for distributing radio and television. In these networks the information flow is
`uni-directional, from a few high power transmitters to a mass of receivers. In
`this work we will focus on bi-directional wireless access systems, similar in
`structure to mobile telephony.”
`[Anderlind: Section 1.1, page 2].
`
`Viewing Anderlind as a whole and in view of other prior art, this element
`would have been inherent or obvious to one of ordinary skill in the art. To the
`extent it is found that the element is not expressly disclosed in Anderlind,
`Anderlind renders it obvious, either alone, in combination with the knowledge
`of a person of ordinary skill in the art, and/or in combination with other prior
`art references identified in the cover pleading or herein.
`wherein said switching means comprises Viewing Anderlind as a whole and in view of other prior art, this element
`
`Active 23537740.1
`
`5
`
`

`

`Case 2:15-cv-00037-RWS Document 87-5 Filed 02/05/16 Page 7 of 15 PageID #: 2117
`Exhibit B4 to Hughes Invalidity Contentions
`
`Mark
`
`3
`
`3a
`
`3b
`
`3c
`
`3d
`
`3e
`
`‘073 Claim Limitation
`means for switching from said first
`communication means to said second
`communications means when the length
`of a message received by said transmitter
`means exceeds a predetermined
`threshold.
`A access communications system for use
`in a satellite communication network,
`comprising:
`a plurality of user terminals for
`generating data to be transmitted over
`said multiple access communication
`system;
`at least one hub for receiving data over
`said multiple access communication
`system from said plurality of user
`terminals;
`transmitter means within each user
`terminal for receiving data to be
`transmitted from said user terminal to
`said hub,
`said transmitter means including first
`communication means for transmitting
`short bursty data in combination with a
`second communications means for
`continuous transmission of data;
`switching means coupled to said
`transmitter means for switching
`transmission between said first
`communication means and said second
`communication means in accordance
`with predefined criteria, and
`
`Invalidity Analysis
`would have been inherent or obvious to one of ordinary skill in the art. To the
`extent it is found that the element is not expressly disclosed in Anderlind,
`Anderlind renders it obvious, either alone, in combination with the knowledge
`of a person of ordinary skill in the art, and/or in combination with other prior
`art references identified in the cover pleading or herein.
`
`See above Claim 2.
`
`See above Claim 2a.
`
`See above Claim 2b.
`
`See above Claim 2c.
`
`See above Claim 2d.
`
`See above Claim 2e.
`
`Active 23537740.1
`
`6
`
`

`

`Case 2:15-cv-00037-RWS Document 87-5 Filed 02/05/16 Page 8 of 15 PageID #: 2118
`Exhibit B4 to Hughes Invalidity Contentions
`
`Mark
`3f
`
`3g
`
`4
`
`4a
`
`4b
`
`4c
`
`4d
`
`4e
`
`‘073 Claim Limitation
`receiver means within said at least one
`hub adapted to receive data transmitted
`by said plurality of terminals utilizing
`either said first communication means or
`said second communications means;
`wherein said switching means comprises
`means for switching from said first
`communication means to said second
`communication means when a
`continuation flag in a message received
`by said transmitter is turned on.
`A multiple access communications system
`for use in a satellite communication
`network, comprising:
`a plurality of user terminals for
`generating data to be transmitted over
`said multiple access communication
`system;
`at least one hub for receiving data over
`said multiple access communication
`system from said plurality of user
`terminals;
`transmitter means within each user
`terminal for receiving data to be
`transmitted from said user terminal to
`said hub,
`said transmitter means including first
`communication means for transmitting
`short bursty data in combination with a
`second communications means for
`continuous transmission of data;
`switching means coupled to said
`
`See above Claim 2f.
`
`Invalidity Analysis
`
`Viewing Anderlind as a whole and in view of other prior art, this element
`would have been inherent or obvious to one of ordinary skill in the art. To the
`extent it is found that the element is not expressly disclosed in Anderlind,
`Anderlind renders it obvious, either alone, in combination with the knowledge
`of a person of ordinary skill in the art, and/or in combination with other prior
`art references identified in the cover pleading or herein.
`See above Claim 2.
`
`See above Claim 2a.
`
`See above Claim 2b.
`
`See above Claim 2c.
`
`See above Claim 2d.
`
`See above Claim 2e.
`
`Active 23537740.1
`
`7
`
`

`

`Case 2:15-cv-00037-RWS Document 87-5 Filed 02/05/16 Page 9 of 15 PageID #: 2119
`Exhibit B4 to Hughes Invalidity Contentions
`
`Mark
`
`4f
`
`4g
`
`‘073 Claim Limitation
`transmitter means for switching
`transmission between said first
`communication means and said second
`communication means in accordance
`with predefined criteria, and
`receiver means within said at least one
`hub adapted to receive data transmitted
`by said plurality of terminals utilizing
`either said first communication means or
`said second communications means;
`wherein said switching means comprises
`means for switching transmission from
`said first communication means to said
`second communication means when a
`user buffer containing a plurality of
`messages to be sent via said transmitter
`means fills beyond a predetermined level.
`
`5
`
`A multiple access communications system
`for use in a satellite communication
`
`Invalidity Analysis
`
`See above Claim 2f.
`
`Anderlind discloses said switching means comprising means for switching
`transmission from said first communication means to said second
`communication means when a user buffer containing a plurality of messages
`to be sent via said transmitter means fills beyond a predetermined level.
`
`The structures that perform this function are described below.
`
`For example,
`
`“By dynamically adjusting the reward parameter depending, e.g., on whether
`there is data in a send buffer, best effort services can release resources when
`inactive.”
`[Anderlind: Section 3.3, page 36].
`
`Viewing Anderlind as a whole and in view of other prior art, this element
`would have been inherent or obvious to one of ordinary skill in the art. To the
`extent it is found that the element is not expressly disclosed in Anderlind,
`Anderlind renders it obvious, either alone, in combination with the knowledge
`of a person of ordinary skill in the art, and/or in combination with other prior
`art references identified in the cover pleading or herein.
`See above Claim 2.
`
`Active 23537740.1
`
`8
`
`

`

`Case 2:15-cv-00037-RWS Document 87-5 Filed 02/05/16 Page 10 of 15 PageID #: 2120
`Exhibit B4 to Hughes Invalidity Contentions
`
`Mark
`
`5a
`
`5b
`
`5c
`
`5d
`
`5e
`
`5f
`
`5g
`
`‘073 Claim Limitation
`network, comprising:
`a plurality of user terminals for
`generating data to be transmitted over
`said multiple access communication
`system;
`at least one hub for receiving data over
`said multiple access communication
`system from said plurality of user
`terminals;
`transmitter means within each user
`terminal for receiving data to be
`transmitted from said user terminal to
`said hub,
`said transmitter means including first
`communication means for transmitting
`short bursty data in combination with a
`second communications means for
`continuous transmission of data;
`switching means coupled to said
`transmitter means for switching
`transmission between said first
`communication means and said second
`communication means in accordance
`with predefined criteria, and
`receiver means within said at least one
`hub adapted to receive data transmitted
`by said plurality of terminals utilizing
`either said first communication means or
`said second communications means;
`wherein said switching means comprises
`means for switching transmission from
`said second communication means to said
`
`Invalidity Analysis
`
`See above Claim 2a.
`
`See above Claim 2b.
`
`See above Claim 2c.
`
`See above Claim 2d.
`
`See above Claim 2e.
`
`See above Claim 2f.
`
`Viewing Anderlind as a whole and in view of other prior art, this element
`would have been inherent or obvious to one of ordinary skill in the art. To the
`extent it is found that the element is not expressly disclosed in Anderlind,
`
`Active 23537740.1
`
`9
`
`

`

`Case 2:15-cv-00037-RWS Document 87-5 Filed 02/05/16 Page 11 of 15 PageID #: 2121
`Exhibit B4 to Hughes Invalidity Contentions
`
`Mark
`
`6
`
`6a
`
`6b
`
`6c
`
`6d
`
`6e
`
`6f
`
`‘073 Claim Limitation
`first communication means when the
`length of a message received by said
`transmitter means fails to exceed a
`predetermined threshold.
`A multiple access communications system
`for use in a satellite communication
`network, comprising:
`a plurality of user terminals for
`generating data to be transmitted over
`said multiple access communication
`system;
`at least one hub for receiving data over
`said multiple access communication
`system from said plurality of user
`terminals;
`transmitter means within each user
`terminal for receiving data to be
`transmitted from said user terminal to
`said hub,
`said transmitter means including first
`communication means for transmitting
`short bursty data in combination with a
`second communications means for
`continuous transmission of data;
`switching means coupled to said
`transmitter means for switching
`transmission between said first
`communication means and said second
`communication means in accordance
`with predefined criteria, and
`receiver means within said at least one
`hub adapted to receive data transmitted
`
`Invalidity Analysis
`Anderlind renders it obvious, either alone, in combination with the knowledge
`of a person of ordinary skill in the art, and/or in combination with other prior
`art references identified in the cover pleading or herein.
`
`See above Claim 2.
`
`See above Claim 2a.
`
`See above Claim 2b.
`
`See above Claim 2c.
`
`See above Claim 2d.
`
`See above Claim 2e.
`
`See above Claim 2f.
`
`Active 23537740.1
`
`10
`
`

`

`Case 2:15-cv-00037-RWS Document 87-5 Filed 02/05/16 Page 12 of 15 PageID #: 2122
`Exhibit B4 to Hughes Invalidity Contentions
`
`Mark
`
`6g
`
`7
`
`7a
`
`7b
`
`7c
`
`7d
`
`7e
`
`‘073 Claim Limitation
`by said plurality of terminals utilizing
`either said first communication means or
`said second communications means;
`wherein said switching means comprises
`means for switching transmission from
`said second communication means to said
`first communication means when a
`continuation flag in a message received
`by said transmitter means is turned off.
`A multiple access communications system
`for use in a satellite communication
`network, comprising:
`a plurality of user terminals for
`generating data to be transmitted over
`said multiple access communication
`system;
`at least one hub for receiving data over
`said multiple access communication
`system from said plurality of user
`terminals;
`transmitter means within each user
`terminal for receiving data to be
`transmitted from said user terminal to
`said hub,
`said transmitter means including first
`communication means for transmitting
`short bursty data in combination with a
`second communications means for
`continuous transmission of data;
`switching means coupled to said
`transmitter means for switching
`transmission between said first
`
`Invalidity Analysis
`
`Viewing Anderlind as a whole and in view of other prior art, this element
`would have been inherent or obvious to one of ordinary skill in the art. To the
`extent it is found that the element is not expressly disclosed in Anderlind,
`Anderlind renders it obvious, either alone, in combination with the knowledge
`of a person of ordinary skill in the art, and/or in combination with other prior
`art references identified in the cover pleading or herein.
`See above Claim 2.
`
`See above Claim 2a.
`
`See above Claim 2b.
`
`See above Claim 2c.
`
`See above Claim 2d.
`
`See above Claim 2e.
`
`Active 23537740.1
`
`11
`
`

`

`Case 2:15-cv-00037-RWS Document 87-5 Filed 02/05/16 Page 13 of 15 PageID #: 2123
`Exhibit B4 to Hughes Invalidity Contentions
`
`Mark
`
`7f
`
`7g
`
`28
`
`28a
`
`‘073 Claim Limitation
`communication means and said second
`communication means in accordance
`with predefined criteria, and
`receiver means within said at least one
`hub adapted to receive data transmitted
`by said plurality of terminals utilizing
`either said first communication means or
`said second communications means;
`wherein said switching means comprises
`means for switching transmission from
`said second communication means to said
`first communication means when the
`software application meeting a
`predetermined criteria that initiated a
`message to be transmitted via said
`transmitter means ceases to generate
`data.
`A multiple access communications system
`for use in a satellite communication
`network, comprising:
`a plurality of user terminals for
`transmitting and receiving data over said
`multiple access communication system;
`
`28b
`
`at least one hub for transmitting and
`receiving data over said multiple access
`communication system to and from said
`
`Invalidity Analysis
`
`See above Claim 2f.
`
`Viewing Anderlind as a whole and in view of other prior art, this element
`would have been inherent or obvious to one of ordinary skill in the art. To the
`extent it is found that the element is not expressly disclosed in Anderlind,
`Anderlind renders it obvious, either alone, in combination with the knowledge
`of a person of ordinary skill in the art, and/or in combination with other prior
`art references identified in the cover pleading or herein.
`
`See above Claim 2.
`
`Anderlind discloses a plurality of user terminals for transmitting and receiving
`data over said multiple access communication system. For example,
`
`Viewing Anderlind as a whole and in view of other prior art, this element
`would have been inherent or obvious to one of ordinary skill in the art. To the
`extent it is found that the element is not expressly disclosed in Anderlind,
`Anderlind renders it obvious, either alone, in combination with the knowledge
`of a person of ordinary skill in the art, and/or in combination with other prior
`art references identified in the cover pleading or herein.
`Anderlind discloses at least one hub for transmitting and receiving data over
`said multiple access communication system to and from said plurality of user
`terminals. For example,
`
`Active 23537740.1
`
`12
`
`

`

`Case 2:15-cv-00037-RWS Document 87-5 Filed 02/05/16 Page 14 of 15 PageID #: 2124
`Exhibit B4 to Hughes Invalidity Contentions
`
`Mark
`
`‘073 Claim Limitation
`plurality of user terminals;
`
`28c
`
`a forward communication link for
`transmitting data from said at least one
`hub to said plurality of user terminals;
`
`28d
`
`a return communication link for
`transmitting data from said plurality of
`user terminals to said at least one hub,
`
`28e
`
`28f
`
`said return communication link including
`a first communication means for
`transmitting short bursty data in
`combination with a second
`communication means for continuous
`transmission of data;
`switching means within said plurality of
`
`Invalidity Analysis
`
`
`Viewing Anderlind as a whole and in view of other prior art, this element
`would have been inherent or obvious to one of ordinary skill in the art. To the
`extent it is found that the element is not expressly disclosed in Anderlind,
`Anderlind renders it obvious, either alone, in combination with the knowledge
`of a person of ordinary skill in the art, and/or in combination with other prior
`art references identified in the cover pleading or herein.
`Anderlind discloses a forward communication link for transmitting data from
`said at least one hub to said plurality of user terminals. For example,
`
`Viewing Anderlind as a whole and in view of other prior art, this element
`would have been inherent or obvious to one of ordinary skill in the art. To the
`extent it is found that the element is not expressly disclosed in Anderlind,
`Anderlind renders it obvious, either alone, in combination with the knowledge
`of a person of ordinary skill in the art, and/or in combination with other prior
`art references identified in the cover pleading or herein.
`Anderlind discloses a return communication link for transmitting data from
`said plurality of user terminals to said at least one hub. For example,
`
`Viewing Anderlind as a whole and in view of other prior art, this element
`would have been inherent or obvious to one of ordinary skill in the art. To the
`extent it is found that the element is not expressly disclosed in Anderlind,
`Anderlind renders it obvious, either alone, in combination with the knowledge
`of a person of ordinary skill in the art, and/or in combination with other prior
`art references identified in the cover pleading or herein.
`Viewing Anderlind as a whole and in view of other prior art, this element
`would have been inherent or obvious to one of ordinary skill in the art. To the
`extent it is found that the element is not expressly disclosed in Anderlind,
`Anderlind renders it obvious, either alone, in combination with the knowledge
`of a person of ordinary skill in the art, and/or in combination with other prior
`art references identified in the cover pleading or herein.
`Viewing Anderlind as a whole and in view of other prior art, this element
`
`Active 23537740.1
`
`13
`
`

`

`Case 2:15-cv-00037-RWS Document 87-5 Filed 02/05/16 Page 15 of 15 PageID #: 2125
`Exhibit B4 to Hughes Invalidity Contentions
`
`Mark
`
`‘073 Claim Limitation
`user terminals for switching transmission
`between said first communication means
`and said second communication means in
`accordance with predefined criteria; and
`
`28g
`
`receiver means within said at least one
`hub adapted to receive data transmitted
`by said plurality of terminals utilizing
`either said first communication means or
`said second communication means,
`28h wherein each user terminal comprises
`means for generating a request to be sent
`over said return communication link in
`order to utilize said second
`communication means.
`
`
`
`Invalidity Analysis
`would have been inherent or obvious to one of ordinary skill in the art. To the
`extent it is found that the element is not expressly disclosed in Anderlind,
`Anderlind renders it obvious, either alone, in combination with the knowledge
`of a person of ordinary skill in the art, and/or in combination with other prior
`art references identified in the cover pleading or herein.
`See above Claim 2f.
`
`Viewing Anderlind as a whole and in view of other prior art, this element
`would have been inherent or obvious to one of ordinary skill in the art. To the
`extent it is found that the element is not expressly disclosed in Anderlind,
`Anderlind renders it obvious, either alone, in combination with the knowledge
`of a person of ordinary skill in the art, and/or in combination with other prior
`art references identified in the cover pleading or herein.
`
`Active 23537740.1
`
`14
`
`