IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`
`
`
`
`Civil Action No. 2:17-cv-00577-JRG
`
`JURY TRIAL DEMANDED
`
`
`
`
`Plaintiff,
`
`
`INTELLECTUAL VENTURES I LLC,
`
`
`
`
`
`v.
`
`T-MOBILE USA, INC., T-MOBILE US, INC.,
`ERICSSON INC., and
`TELEFONAKTIEBOLAGET LM ERICSSON
`
`
`
`Defendants.
`
`
`
`
`
`INTELLECTUAL VENTURES I LLC’S
`PATENT LOCAL RULE 4-2 DISCLOSURES
`
`
`
`
`
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`
`
`
`
`Civil Action No. 2:17-cv-00577-JRG
`
`JURY TRIAL DEMANDED
`
`
`
`
`Plaintiff,
`
`
`INTELLECTUAL VENTURES I LLC,
`
`
`
`
`
`v.
`
`T-MOBILE USA, INC., T-MOBILE US, INC.,
`ERICSSON INC., and
`TELEFONAKTIEBOLAGET LM ERICSSON
`
`
`
`Defendants.
`
`
`
`
`
`INTELLECTUAL VENTURES I LLC’S
`PATENT LOCAL RULE 4-2 DISCLOSURES
`
`
`
`
`
`
`
`
`
`Pursuant to P. R. 4-2 and the Docket Control Order the Court has entered in this case
`
`(D.I. 58), Plaintiff Intellectual Ventures I LLC (“IV”) hereby provides the following Preliminary
`
`Claim Constructions and Extrinsic Evidence for the set of terms identified by the Parties for the
`
`asserted claims of U.S. Patent No. 6,628,629 (“the ’629 patent”), No. 7,359,971 (“the ’971
`
`patent”), No. RE46,206 (“the ’206 patent”) and No. 7,412,517 (“the ’517 patent”). For any
`
`claim previously identified as governed by 35. U.S.C. §112 ¶ 6 in the parties’ Patent Rule 4-1
`
`disclosures, IV identifies the structure(s), act(s), or material(s) corresponding to that element as
`
`required by Local Patent Rule 4-2.
`
`IV’s disclosure is based upon its current knowledge, its current understanding of the
`
`proper construction of the asserted claims, and its investigation to date. Discovery in this case is
`
`ongoing and IV reserves the right to supplement or revise its claim constructions and
`
`identification of extrinsic evidence should additional facts come to light requiring such a
`
`modification.
`
`Investigation by IV is ongoing, and Defendants have not yet disclosed to IV any intrinsic
`
`or extrinsic evidence that Defendants contend support their constructions. IV reserves the right
`
`to add terms, or to supplement or modify its proposed preliminary constructions or its
`
`identification of extrinsic evidence based upon Defendants’ constructions, Defendants’
`
`supporting evidence, or upon subsequent discovery or investigations.
`
`IV may rely on the expert opinion and testimony of Dr. Tim Williams, Ph.D. as to the
`
`level of skill of one of ordinary skill in the art, the relevant field of the invention, and further
`
`concerning the meaning of the claim terms to one of ordinary skill in the art.
`
`
`
`
`
`
`
`2
`
`
`
`
`
`Term
`
`“reserving a second
`slot for a second data
`packet in a
`transmission frame,
`subsequent in time to
`said future
`transmission frame”
`(629 cl. 1)
`“in an isochronous
`manner” (629 cl. 1,
`971 cl. 12, 206 cl. 123)
`“periodic variation”
`(629 cl. 3, 971 cl. 14)
`“host workstation”
`(971 cl. 12)
`
`“a scheduler that
`allocates resources of
`said shared wireless
`network among said
`wireless network
`stations to optimize
`end user quality of
`service (QoS) for an
`Internet Protocol (IP)
`flow” (971 cl. 12)
`“allocating said shared
`wireless bandwidth to
`communication of said
`IP flow between said
`wireless base station
`and a subscriber CPE
`station, so as to
`optimize end-user
`quality of service
`(QoS) associated with
`said IP flow” (206 cl.
`1)
`
`Proposed Construction
`
`Extrinsic Evidence
`
`Remove the comma, which was
`introduced through a clear
`typographical printing error
`
`
`
`Expert opinion of Dr. Tim Williams
`
`Expert opinion of Dr. Tim Williams
`
`Expert opinion of Dr. Tim Williams
`
`
`Expert opinion of Dr. Tim Williams
`
`Expert opinion of Dr. Tim Williams
`
`
`in a manner which provides for
`consistent timed access
`
`Plain meaning
`
`Plain meaning, a computer or other
`device that communicates with other
`computers on a network and
`includes a terminal or interface to
`accept input
`a scheduler that allocates resources
`of said shared wireless network
`among said wireless network
`stations by differentiating between
`types of traffic or service types and
`allocating a different level of system
`resources to an Internet Protocol (IP)
`flow
`
`allocating said shared wireless
`bandwidth to communication of said
`IP flow between said wireless base
`station and a subscriber CPE station
`by differentiating between types of
`traffic or service types and
`allocating a different level of system
`resources to said IP flow
`
`
`
`3
`
`
`
`Expert opinion of Dr. Tim Williams
`
`Expert opinion of Dr. Tim Williams
`
`Expert opinion of Dr. Tim Williams
`
`
`
`“allocating shared
`wireless bandwidth to
`said subscriber
`CPE station so as to
`optimize end-user
`internet protocol (IP)
`quality of service
`(QoS)” (206 cl. 19)
`“allocating resources
`of said shared wireless
`bandwidth
`among a plurality of
`wireless network
`stations to optimize
`end-user quality of
`service (QoS) for an
`Internet Protocol (IP)
`flow” (206 cl. 121)
`“assigning means for
`assigning future slots
`of a transmission
`frame to a portion of
`said IP flow in said
`transmission frame for
`transmission over said
`shared wireless
`network”
`(971 cl. 12)
`
`allocating shared wireless bandwidth
`to said subscriber CPE station by
`differentiating between types of
`traffic or service types and
`allocating a different level of system
`resources to an IP flow
`
`allocating resources of said shared
`wireless bandwidth among a
`plurality of wireless network
`stations by differentiating between
`types of traffic or service types and
`allocating a different level of system
`resources to an Internet Protocol (IP)
`flow
`
`Plain meaning, as this term is not
`governed by 35 U.S.C. § 112 ¶ 6, or,
`should the Court find this term to be
`governed by § 112 ¶ 6:
`
`Function: assigning future slots of a
`transmission frame to a portion of
`said IP flow in said transmission
`frame for transmission over said
`shared wireless network
`
`Structure: Downlink Flow
`Schedulers 604 and 1566 or Uplink
`Flow Schedulers 634 and 1666, and
`associated structures as described at
`’971 Patent 61:35-39, 69:41-44,
`61:65-62:20, 62:46-56, 23:14-35,
`30:4-30, 54:54-67, 60:63-61:5, Figs.
`15A & 15B, 72:53-66.
`
`
`
`4
`
`
`
`Expert opinion of Dr. Tim Williams
`
`Expert opinion of Dr. Tim Williams
`
`
`
`“means for applying
`an advanced
`reservation algorithm”
`(971 cl. 12)
`
`“means for reserving a
`first slot for a first data
`packet of an Internet
`Protocol (IP) flow in a
`future transmission
`frame based on said
`algorithm”
`(971 cl. 12)
`
`Plain meaning, as this term is not
`governed by 35 U.S.C. § 112 ¶ 6, or,
`should the Court find this term to be
`governed by § 112 ¶ 6:
`
`Structure: Downlink Flow
`Schedulers 604 and 1566 or Uplink
`Flow Schedulers 634 and 1666, and
`associated structures as described at
`’971 Patent 23:14-35, 30:4-30,
`61:35-39, 61:65-62:20, 62:54-56,
`63:47-57, 66:7-15; 67:36-50 71:63-
`72:04, 72:53-66, 73:27-40 Figs.
`15A, 15B, 16A, and 16B.
`Plain meaning, as this term is not
`governed by 35 U.S.C. § 112 ¶ 6, or,
`should the Court find this term to be
`governed by § 112 ¶ 6:
`
`Function: reserving a first slot for a
`first data packet of an Internet
`Protocol (IP) flow in a future
`transmission frame based on said
`algorithm
`
`Structure: Downlink Flow
`Schedulers 604 and 1566 or Uplink
`Flow Schedulers 634 and 1666, and
`associated structures as described at
`’971 Patent 23:14-35, 30:4-30,
`61:35-39, 61:65-62:20, 62:54-56,
`23:14-35, 30:4-30, , Figs. 15A, 15B,
`16A, 16B, 66:7-15; 71:63-72:04
`72:53-66
`
`
`
`5
`
`
`
`
`
`“means for reserving a
`second slot for a
`second data packet of
`said IP flow in a
`transmission frame
`subsequent in time to
`said future
`transmission frame
`based on said
`algorithm”
`(971 cl. 12)
`
`“means for taking into
`account service level
`agreement (SLA)
`based priorities for
`said IP flow” (this
`term is governed by
`112, ¶ 6) (971 cl. 18)
`
`
`“unlink direction” (517
`cl. 1)
`
`Plain meaning, as this term is not
`governed by 35 U.S.C. § 112 ¶ 6, or,
`should the Court find this term to be
`governed by § 112 ¶ 6:
`
`Function: reserving a second slot
`for a second data packet of said IP
`flow in a transmission frame
`subsequent in time to said future
`transmission frame based on said
`algorithm
`
`Structure: Downlink Flow
`Schedulers 604 and 1566 or Uplink
`Flow Schedulers 634 and 1666, and
`associated structures as described at
`’971 Patent 23:14-35, 30:4-30,
`61:35-39, 61:65-62:20, 62:54-56,
`66:7-15; 71:63-72:04, 72:53-66,
`Figs. 15A, 15B, 16A, and 16B
`Plain meaning, as this term is not
`governed by 35 U.S.C. § 112 ¶ 6, or,
`should the Court find this term to be
`governed by § 112 ¶ 6:
`
`Function: taking into account
`service level agreement (SLA) based
`priorities for said IP flow
`
`Structure: Downlink Flow
`Schedulers 604 and 1566 or Uplink
`Flow Schedulers 634 and 1666, and
`associated structures as described at
`’971 Patent 23:14-35, 30:4-30,
`61:35-39, 61:65-62:20, 62:54-56,
`66:7-15; 71:63-72:04, 72:53-66 and
`53:33-67, 60:63-61:5, 63:43-57,
`66:7-31 66:52-63, 66:64-67:19,
`69:32-54, 72:63-73:4, 73:15-26,
`89:41-55, Figs. 9, 10, 11, 15A, 15B,
`16A, and 16B.
`
`Substitute the “p” for the “n” which
`was introduced through a clear
`typographical printing error
`
`
`
`6
`
`Expert opinion of Dr. Tim Williams
`
`Expert opinion of Dr. Tim Williams
`
`
`
`
`
`
`
`“the analyzed
`contents” (517 cl. 1)
`“the analyzed packet
`contents” (517 cl. 12)
`“customer premises
`equipment (CPE)
`station(s)” (517 cl. 1,
`12, 206 cl. 1, 112, 114)
`
`“allocating the shared
`wireless bandwidth
`between the wireless
`base station
`transmitting in the
`downlink direction and
`the at least one CPE
`station transmitting in
`the uplink direction”
`(517 cl. 1)
`“allocate wireless
`bandwidth between the
`uplink direction and
`the downlink direction
`responsive to the
`analyzed packet
`contents and the
`analyzed reservation
`requests” (517 cl. 12)
`“said plurality of
`packets” (206 cl. 109)
`“LIP flow” (206 cl.
`32)
`
`
`
`
`
`
`
`
`
`
`Plain meaning
`
`Plain meaning
`
`devices residing on the premises of a
`customer and used to connect to a
`telephone network, including
`ordinary telephones, key telephone
`systems, PBXs, video conferencing
`devices and modems
`Plain meaning
`
`Expert opinion of Dr. Tim Williams
`
`Expert opinion of Dr. Tim Williams
`
`Expert opinion of Dr. Tim Williams
`
`
`Expert opinion of Dr. Tim Williams
`
`Plain meaning
`
`Expert opinion of Dr. Tim Williams
`
`Plain meaning
`
`Expert opinion of Dr. Tim Williams
`
`Change “LIP flow” to “IP flow” due
`to clear typographical error
`
`
`
`7
`
`
`
`
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`
`
`DATED: May 23, 2018
`
`
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`
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`Respectfully submitted,
`
`
`
`/s/ Martin J. Black___________
`Martin J. Black – LEAD ATTORNEY
`Pennsylvania Bar No. 54319
`Kevin M. Flannery (pro hac vice)
`Pennsylvania Bar No. 62593
`DECHERT LLP
`Cira Centre
`2929 Arch Street
`Philadelphia, PA 19104
`Tel: (215) 994-4000
`Fax: (215) 994-2222
`martin.black@dechert.com
`kevin.flannery@dechert.com
`
`Justin F. Boyce (pro hac vice)
`California Bar No. 181488
`DECHERT LLP
`2440 W. El Camino Real, Suite 700
`Mountain View, CA 94040-1499
`Tel: (650) 813-4800
`Fax: (650) 813-4848
`justin.boyce@dechert.com
`
`T. John Ward Jr.
`Texas Bar No. 00794818
`Andrea L. Fair
`Texas Bar Number 24078488
`Claire Abernathy Henry
`Texas Bar No. 24053063
`WARD, SMITH & HILL, PLLC
`1507 Bill Owens Pkwy.
`Longview, TX 75604
`Tel: (903) 757-6400
`Fax: (903) 757-2323
`jw@wsfirm.com
`andrea@wsfirm.com
`claire@wsfirm.com
`
`Counsel for Plaintiff Intellectual Ventures I
`LLC
`
`
`
`8
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`
`
`CERTIFICATE OF SERVICE
`The undersigned hereby certifies that a copy of the foregoing document was served via e-
`
`mail, in accordance with Local Rule CV-5(d) on May 23, 2018 on the following counsel of
`
`record:
`
`
`R. Adam Lauridsen
`Justina K. Sessions
`Keker, Van Nest & Peters LLP
`633 Battery Street
`San Francisco, CA 94111
`alauridsen@keker.com
`jsessions@keker.com
`
`Asim M. Bhansali
`Kwun Bhansali Lazarus LLP
`4 Embarcadero Center, Suite 1400
`San Francisco, California 94111
`abhansali@kblfirm.com
`
`Attorneys for T-Mobile USA Inc. and T-Mobile US Inc.
`
`Douglas M. Kubehl
`Jonathan B. Rubenstein
`Melissa L. Butler
`Jeffrey S. Becker
`Megan V. LaDriere
`Steven T. Jugle
`Harrison G. Rich
`Johnson K. Kuncheria
`BAKER BOTTS L.L.P.
`2001 Ross Avenue
`Dallas, Texas 75201
`BBEDTXIVEricsonInternal@BakerBotts.com
`
`Melissa R. Smith
`GILLAM & SMITH, LLP
`303 South Washington Avenue
`Marshall, TX 75670
`melissa@gillamsmithlaw.com
`
`
`
`
`
`Attorneys for T-Mobile USA Inc.,
`T-Mobile US Inc., Ericsson, Inc. and
`Telefonaktiebolaget LM Ericsson
`
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`9
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`/s/ Alexandra Fellowes
`Alexandra Fellowes
`
`10
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`
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