Case 1:20-cv-00765-DAE Document 39-1 Filed 10/17/22 Page 1 of 10
`Case 1:20-cv-00765-DAE Document 39-1 Filed 10/17/22 Page 1 of 10
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`EXHIBIT A
`EXHIBIT A
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`Case 1:20-cv-00765-DAE Document 39-1 Filed 10/17/22 Page 1 of 10
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`EXHIBIT A
`EXHIBIT A
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`Case 1:20-cv-00765-DAE Document 39-1 Filed 10/17/22 Page 2 of 10
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`AGREED CONSTRUCTIONS
`
`
`Agreed Construction
`a binary expression (to use or not use)
`
`
`predetermined number of binary expressions (to use or not to
`use)
`
`predetermined number
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`request for channel data
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`devices or mechanisms that communicate with other devices or
`mechanisms
`
`separate communications frequencies
`
`
`multiple separate communications frequencies
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`one or more standards on which a decision for selecting channels
`can be made
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`data that, at least, indicates performance
`
`value that indicates the quality with which every channel in the
`plurality [set] carries communications at
`the same first
`[second][third] instant of time
`
`No.
`1.
`
`2.
`
`3.
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`4.
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`5.
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`6.
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`7.
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`8.
`
`9.
`
`10.
`
`Claim Term
`a vote
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`’608 patent, ’624 patent, ’769 patent
`specified number of votes
`
`’624 patent, ’608 patent
`specified number
`
`’418 patent
`channel data request
`
`’614 patent
`participant[s]
`
`’418 patent
`[communications] channel
`
`’418 patent
`plurality of communications channels
`
`’418 patent
`channel selection criteria
`
`’418 patent
`[channel] performance [data]
`
`’418 patent
`performance of [a]/[the] [plurality of]/[first set of two or more]
`communications channels at a [first/second/third] time
`
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`Exhibit A to First Amended Joint Claim Construction Statement 1
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`Case 1:20-cv-00765-DAE Document 39-1 Filed 10/17/22 Page 3 of 10
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`No.
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`11.
`
`12.
`
`13.
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`14.
`
`15.
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`16.
`
`17.
`
`18.
`
`19.
`
`20.
`
`21.
`
`Claim Term
`’418 patent
`classifying
`
`’418 patent
`default set of two or more communications channels
`
`’418 patent
`indicates a measurement of performance
`
`’418 patent
`testing
`
`’500 patent
`hop
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`’418 patent
`hop [or hopping] sequence
`
`’418 patent
`the hopping sequence
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`’624 patent
`default hopping sequence
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`’500 patent
`clear
`
`’500 patent
`occupied
`
`’500 patent
`comprise one of two values for each channel
`
`Exhibit A to First Amended Joint Claim Construction Statement 2
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`Agreed Construction
`
`assigning a class to a channel based on the performance of the
`channel and one or more criteria
`
`a complete original set of two or more communication channels
`
`
`indicates the results of channel performance testing
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`Plain and ordinary meaning
`
`
`the switch from one frequency to another frequency
`
`the order in which the communications network hops among the
`set of frequencies
`
`the order in which the communications network hops among the
`set of frequencies
`
`preset hopping sequence associated with a set of default channels
`
`not in use by another system
`
`
`in use by another system
`
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`No construction necessary
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`Case 1:20-cv-00765-DAE Document 39-1 Filed 10/17/22 Page 4 of 10
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`No.
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`22.
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`23.
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`24.
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`25.
`
`26.
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`27.
`
`28.
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`29.
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`30.
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`Claim Term
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`’500 patent
`channel identification data specifies that the first communications
`channel is not to be used by the first participant for the first
`communication
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`’614 patent
`time value
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`’520 patent
`classification
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`’500 patent
`determining classification
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`’418 patent
`while
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`’500 patent, ’769 patent, ’624 patent, ’608 patent
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`the set of good channels loaded in the good channel register
`
`’643 patent
`channel data maintained
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`’614 patent
`[specified number of] affirmative votes[s]
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`’418 patent
`default channel register
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`Agreed Construction
`
`[first
`the
`tells
`data
`identification
`channel
`first
`the
`to not use
`participant/communication device]
`communications channel for the [first/second] communication
`
`Value indicating a specific time or number of time slots
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`class designation of a channel based on the performance of the
`channel and one or more criteria
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`assigning a class to a channel based on the performance of the
`channel and one or more criteria
`
`during the time that, or at the same time as
`
`At this stage of the claim construction process, Defendant’s
`position is that the larger phrases rise or fall with the term
`“while.”
`information, which is stored in the good channel register, that
`identifies the set of good channels
`
`Data regarding one or more channels that is kept prior to, during,
`and after updating
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`Predetermined number of binary expressions to use
`
`An area of memory for storing a default set of two or more
`communications channels
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`Exhibit A to First Amended Joint Claim Construction Statement 3
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`Case 1:20-cv-00765-DAE Document 39-1 Filed 10/17/22 Page 5 of 10
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`Claim Term
`’643 patent
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` good channel register
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`’643 patent
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`No.
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`31.
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`Agreed Construction
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`an area of memory for storing a set of good communications
`channels
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`Exhibit A to First Amended Joint Claim Construction Statement 4
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`Case 1:20-cv-00765-DAE Document 39-1 Filed 10/17/22 Page 6 of 10
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`
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`No.
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`Claim Term
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`1.
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`2.
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`3.
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`4.
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`5.
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`6.
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`7.
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`selection kernel
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`’643 patent
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`the hopping sequence
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`’608 patent
`[first/second/third] performance
`[criterion/criteria]
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`’418 patent
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`a [first]/[second] time
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`’418 patent
`channel index
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`’520 patent
`apply an index to a channel index
`of the identified communications
`channel
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`’520 patent
`distinct [channels]
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`’608 patent
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`DISPUTED CONSTRUCTIONS
`
`Party
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`Bandspeed’s Proposed
`Construction
`Realtek A device or mechanism of a
`participant
`that
`selects
`communications channels to form the
`hopping sequence
`
`Realtek No construction necessary
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`Alternatively: Order of hops
`Realtek No construction necessary
`
`Realtek No construction necessary
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`Realtek’s Proposed Construction
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`Indefinite
`
`Alternatively: The configuration of
`hardware and software illustrated in
`any of Figures 11.3 and 11.4, which is
`described in Bluetooth Specification
`11.12 v.1.0B
`Indefinite (lack of antecedent basis) for
`’608 patent only
`
`Performance – ability of the channel to
`communicate
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`First/second/third – p/o meaning, each
`is a different performance criterion
`A [first]/[second] instant of time
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`Realtek No construction necessary
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`Indefinite
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`Realtek No construction necessary
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`Indefinite
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`Realtek No construction necessary
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`Alternatively: separately identifiable
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`Distinct – indefinite
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`Exhibit A to First Amended Joint Claim Construction Statement 5
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`Case 1:20-cv-00765-DAE Document 39-1 Filed 10/17/22 Page 7 of 10
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`No.
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`Claim Term
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`the number of distinct channels in
`the first set of two or more
`communications channels varies
`from
`the number of distinct
`channels in the second set of two
`or
`more
`communications
`channels
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`’608 patent
`rescanning [the default channels]
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`’643 patent
`bad
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`’769 patent
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`good
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`’769 patent
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`8.
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`9.
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`10.
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`11.
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`12.
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`
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`cause …
`that
`Instructions
`generating [first/second] channel
`identification data that identifies
`the [first/second] set of two or
`more communications channels
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`‘418 patent, claim 88
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`Party
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`Bandspeed’s Proposed
`Construction
`[channels]
`Realtek No construction necessary
`
`Alternatively: separately identifiable
`[channels]
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`Realtek’s Proposed Construction
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`Distinct – indefinite
`
`
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`Realtek No construction necessary
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`Realtek No construction necessary
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`Alternatively: Unacceptable
`
`Indefinite
`
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`Indefinite
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`Alternatively: Channel
`interference
`
`that
`
`has
`
`Realtek No construction necessary
`
`Indefinite
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`Not a means plus function claim
`limitation (this is a Beauregard
`claim) and no construction is
`necessary.
`
`Alternatively, if the Court finds the
`terms is subject to 35 U.S.C. § 112(f):
`
`Function: generating [first/second]
`channel
`identification data
`that
`
`Alternatively: Channel that has no
`interference
`“instructions” is a nonce term, the term
`and corresponding phrase is written as
`a MPF clause.
`
`Function: generating first [second]
`channel
`identification
`data
`that
`identifies the first [second] set of two or
`more communications channels
`
`Exhibit A to First Amended Joint Claim Construction Statement 6
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`
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`Case 1:20-cv-00765-DAE Document 39-1 Filed 10/17/22 Page 8 of 10
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`No.
`
`Claim Term
`
`Party
`
`13.
`
`
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`[instructions … ] causing the
`[first/second] set of two or more
`communications channels to be
`loaded into [a/the][first] register
`
`‘608 patent, claim 5
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`Realtek’s Proposed Construction
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`Structure: indefinite
`
`
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`MPF term
`
`Function: causing the [first/second] set
`of
`two or more communications
`channels to be loaded into [a/the] [first]
`register
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`Structure: indefinite
`
`
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`Bandspeed’s Proposed
`Construction
`identifies the [first/second] set of two
`or more communication channels.
`
`
`Structure: a processor associated
`with
`a
`device/participant
`that
`executes
`the algorithm
`that
`(1)
`indicates which channels are included
`in the [first/second] set of two or
`more communications channels (2)
`selected based on performance data
`or equivalent
`Not a means plus function claim
`limitation (this is a Beauregard
`claim) and no construction is
`necessary.
`
`Alternatively, Plaintiff proposes:
`“storing information that identifies
`the [first/second] set of separate
`communication frequencies in [a/the]
`[first] register.”
`
`Alternatively, if the Court finds the
`term is subject to 35 U.S.C. § 112(f):
`
`Function: storing information that
`identifies the [first/second] set of two
`or more separate communication
`frequencies in [a/the] [first] register.
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`Exhibit A to First Amended Joint Claim Construction Statement 7
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`Case 1:20-cv-00765-DAE Document 39-1 Filed 10/17/22 Page 9 of 10
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`No.
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`Claim Term
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`Party
`
`14.
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`instructions . . . cause[] loading a
`set of default channels into a
`default channel register; loading a
`set of good channels into a good
`channel register
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`
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`‘643 patent, claims 6, 11
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`15.
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`…causes]
`[instructions
`upon
`based
`select[ing],
`performance of [a/the] plurality
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`
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`Bandspeed’s Proposed
`Construction
`Structure: a processor associated
`with a device/participant that
`executes the algorithm of (1) storing
`information that (2) identifies the set
`of separate communication
`frequencies in a register
`
`Not a means-plus-function claim
`limitation (this is a Beauregard
`claim) and no construction
`necessary.
`
`Alternatively, if the Court finds the
`term is subject to 35 U.S.C. § 112(f):
`
`Function: storing information that
`identifies the [default/good] set of
`two or more separate communication
`frequencies in a [default/good]
`channel register.
`
`Structure: a processor/selection
`kernel associated with a
`device/participant that executes the
`algorithm for storing the channel
`numbers that identifies the set of
`default/good channels in a
`default/good channel register
`Not a means plus function claim
`limitation (this is a Beauregard
`
`Realtek’s Proposed Construction
`
`MPF term
`
`Function: managing the use of
`communications channels by causing
`the loading of a set of default channels
`into a default channel register and the
`loading of a set of good channels into
`a good channel register
`
`Structure: indefinite
`
`MPF term
`
`
`Exhibit A to First Amended Joint Claim Construction Statement 8
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`
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`Case 1:20-cv-00765-DAE Document 39-1 Filed 10/17/22 Page 10 of 10
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`No.
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`Claim Term
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`Party
`
`of communications channels …
`communications channels
`
`‘608 patent, claims 1, 3
`
`Realtek’s Proposed Construction
`
`Function: causing a processor
`to
`select, based upon performance of a
`plurality of communications channels
`at a first [second] time [that is later that
`the first time] a first [second] set of two
`or more communications channels
`
`Structure: indefinite
`
`
`
`Bandspeed’s Proposed
`Construction
`claim) and no construction is
`necessary.
`
`Alternatively, if the Court finds the
`terms is subject to 35 U.S.C. § 112(f):
`
`Function: Selecting two or more
`communications channels based upon
`the performance of the plurality of
`communications channels
`
`Structure: a memory and a processor
`programmed
`to
`carry out
`an
`algorithm that (1) compares channel
`performance data to one or more
`criteria; and (2) chooses two or more
`channels that satisfy one or more
`criteria or equivalent
`
`
`
`
`
`
`Exhibit A to First Amended Joint Claim Construction Statement 9
`
`
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