`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`CIVIL ACTION NO. 6:20-cv-272-ADA
`
`
`VOIP-PAL.COM, INC.
`Plaintiff,
`
`v.
`AMAZON.COM, INC.;
`AMAZON.COM SERVICES LLC; and
`AMAZON WEB SERVICES, INC.,
`Defendants.
`
`
`
`
`
`
`FIRST AMENDED JOINT CLAIM CONSTRUCTION STATEMENT
`
`160554491.2
`
`1
`
`
`
`Case 6:20-cv-00272-ADA Document 84 Filed 02/08/23 Page 2 of 5
`
`
`
`
`
`In advance of the claim construction hearing scheduled for February 15, 2023 and in light
`
`of several defendants being transferred to other venues, Plaintiff and Defendants submit this First
`
`Amended Joint Claim Construction Statement with respect to U.S. Patent No. 10,218,606.
`
`I. AGREED-UPON CLAIM TERMS:
`
`Claim Term
`“network element(s)”
`
`claims 1, 4, 8, 14, 19-21, 23, 24, 27, 32
`“identifier(s)”
`
`claims 1, 5, 6, 8, 9, 11, 14, 15, 19, 21, 22, 27,
`32, 42, 44
`“first participant profile”
`
`claims 1, 3, 19-21, 42, 44
`“private network”
`
`claim 8
`
`
`II. DISPUTED CLAIM TERMS:
`
`
`
`Agreed Construction
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`Plain and ordinary meaning
`
`Claim Term
`
`Plaintiff’s Construction
`
`Defendants’ Construction
`
`Plain and ordinary meaning
`
`“routing message”
`
`claims 1, 8, 14, 19,
`21, 26, 27, 32
`
`“a message that includes a
`callee user name field, a
`route field, and a time to
`live field”
`
`Proposing
`Party
`Defendants
`
`160554491.2
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`2
`
`
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`Case 6:20-cv-00272-ADA Document 84 Filed 02/08/23 Page 3 of 5
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`
`
`Claim Term
`
`Plaintiff’s Construction
`
`Defendants’ Construction
`
`“gateway”1
`
`claims 14, 26
`
`
`
`Plain and ordinary meaning Plain and ordinary meaning,
`which is “device that
`connects networks that use
`different communication
`protocols.”
`
`Proposing
`Party
`Defendants
`
`
`1 The Court construed the identical term “gateway” to mean “a device that connects networks
`and can adjust a protocol of traffic moving between the networks” in the Claim Construction Or-
`der issued on June 3, 2022, in VoIP-Pal.com, Inc. v. Amazon.com, Inc., et al., No. 6:21-cv-
`00668-ADA, Dkt. No. 67 (W.D. Tex.). While the parties maintain the assertion of their pro-
`posed constructions, the parties agree that they will not argue this term at the claim construction
`hearing if the Court preliminarily adopts the same construction as in the other matter.
`
`160554491.2
`
`3
`
`
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`Case 6:20-cv-00272-ADA Document 84 Filed 02/08/23 Page 4 of 5
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`
`
`
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`Dated: February 8, 2023
`
`Respectfully submitted,
`
`/s/Lewis E. Hudnell, III
`Lewis E. Hudnell, III
`lewis@hudnelllaw.com
`Nicolas S. Gikkas
`nick@gikkaslaw.com
`Hudnell Law Group P.C.
`800 W. El Camino Real Suite 180
`Mountain View, California 94040
`T: 650.564.3698
`F: 347.772.3034
`
`Sean Franklin Parmenter
`sean@parmenterip.com
`Parmenter Intellectual Property Law,
`PLLC
`8980 N Pine Hollow Drive
`Cedar Hills, Utah 84062
`T: 925.482.6515
`
`ATTORNEYS FOR PLAINTIFF
`VOIP-PAL.COM, INC.
`
`
`
`
`
`/s/ Daniel T. Shvodian
`M. Craig Tyler, Bar No. 00794762
`CTyler@perkinscoie.com
`Perkins Coie LLP
`500 W 2nd St, Suite 1900
`Austin, TX 78701-4687
`Tel. No. 737.256.6113
`Fax No. 737.256.6300
`
`Daniel T. Shvodian, Admitted Pro Hac Vice
`dshvodian@perkinscoie.com
`Perkins Coie LLP
`3150 Porter Drive
`Palo Alto, CA 94304-1212
`Tel No. 650.838.4300
`Fax No. 650.838.4350
`
`Attorneys for Defendants
`AMAZON.COM, INC.;
`AMAZON.COM, SERVICES LLC; AND
`AMAZON WEB SERVICES, INC.
`
`
`
`
`160554491.2
`
`4
`
`
`
`Case 6:20-cv-00272-ADA Document 84 Filed 02/08/23 Page 5 of 5
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that all counsel of record who are deemed to have consented to
`electronic service are being served with a copy of the forgoing FIRST AMENDED JOINT
`CLAIM CONSTRUCTION STATEMENT via the Court’s CM/ECF system pursuant to the Fed-
`eral Rules of Civil Procedure and Local Rule CV-5(b)(1) this 8th day of February, 2023.
`
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`
`
`By: /s/Lewis E. Hudnell, III
`Lewis E. Hudnell, III
`lewis@hudnelllaw.com
`Hudnell Law Group P.C.
`800 W. El Camino Real Suite 180
`Mountain View, California 94040
`T: 650.564.3698
`F: 347.772.3034
`
`160554491.2
`
`5
`
`
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