WI-LAN Inc. v. Alcatel-Lucent USA Inc. et al

Filing 185

RESPONSE in Opposition re 174 MOTION for Partial Summary Judgment that Patent Claims Are Indefinite filed by WI-LAN Inc.. (Attachments: # 1 Exhibit A - Declaration of Jonathan Wells, # 2 Exhibit 1 - ISO Declaration of Jonathan Wells - Jonathan Wells CV, # 3 Exhibit B - Wi-Lan's proposed constructions for "means" terms, # 4 Text of Proposed Order)(Weaver, David)

EXHIBIT B

Plaintiff Wi-LAN’s Proposed Constructions for Means-Plus-Function Terms
Claim Term
“channelisation means for determining
which of the orthogonal channels will be
subject to TDM techniques, and for
transmitting that information to a plurality
of subscriber terminals within the wireless
telecommunications system” (’326 Patent
cl. 6)

Wi-LAN’s Proposed Construction
Function: determining which of the
orthogonal channels will be subject to
TDM techniques, and transmitting that
information to a plurality of subscriber
terminals within the wireless
telecommunications system
Corresponding Structure: modem shelf
including a demand assignment engine
connected to a network and one or more
modems, the demand assignment engine
determining which of the orthogonal
channels will be subject to TDM
techniques based on information regarding
the capability of subscriber terminals to
support TDM techniques and/or the type of
data items to be transmitted, and
equivalents thereof

“channelisation means also determines, for
those orthogonal channels subject to TDM
techniques, how many time slots will be
provided within each orthogonal channel”

Function: determining, for those
orthogonal channels subject to TDM
techniques, how many time slots will be
provided within each orthogonal channel
1

Wi-LAN’s Alternate Proposed
Construction
Function: determining which of the
orthogonal channels will be subject to
TDM techniques, and transmitting that
information to a plurality of subscriber
terminals within the wireless
telecommunications system
Corresponding Structure: modem shelf
including a demand assignment engine
connected to a network and one or more
modems, the demand assignment engine
determining which of the orthogonal
channels will be subject to TDM
techniques using the algorithm: (1)
consider whether the subscriber terminal to
which data will be transmitted incorporates
the features necessary to support TDM
techniques; (2) consider the type of data
that is to be transmitted in an orthogonal
channel; and (3) if the subscriber terminal
supports TDM techniques and the data
type is one for which TDM techniques
should be applied, then apply TDM
techniques (otherwise do not), and
equivalents thereof
Function: determining, for those
orthogonal channels subject to TDM
techniques, how many time slots will be
provided within each orthogonal channel

(’326 Patent cl. 7)
Corresponding Structure: demand
assignment engine connected to a network
and one or more modems, the demand
assignment engine determining how many
time slots will be provided within each
orthogonal channel based on information
regarding the type of data items to be
transmitted, and equivalents thereof

“channelisation means for determining
which of the orthogonal channels will be
subject to overlay codes, and for
transmitting that information to a plurality
of subscriber terminals within the wireless
telecommunications system” (’819 Patent
cl. 10)

Function: determining which of the
orthogonal channels will be subject to
overlay codes, and transmitting that
information to a plurality of subscriber
terminals within the wireless
telecommunications system
Corresponding Structure: modem shelf
including a demand assignment engine
connected to a network and one or more
modems, the demand assignment engine
determining which of the orthogonal
channels will be subject to overlay codes
based on information regarding the
capability of subscriber terminals to
support overlay codes and/or the type of
data items to be transmitted, and
equivalents thereof

2

Corresponding Structure: demand
assignment engine connected to a network
and one or more modems, the demand
assignment engine determining how many
time slots will be provided within each
orthogonal channel using the algorithm:
(1) consider the type of data that is to be
transmitted in an orthogonal channel, and
(2) choose a suitable number of time slots
to provide within the orthogonal channel to
achieve an acceptable data rate, and
equivalents thereof
Function: determining which of the
orthogonal channels will be subject to
overlay codes, and transmitting that
information to a plurality of subscriber
terminals within the wireless
telecommunications system
Corresponding Structure: modem shelf
including a demand assignment engine
connected to a network and one or more
modems, the demand assignment engine
determining which of the orthogonal
channels will be subject to overlay codes
using the algorithm: (1) consider whether
the subscriber terminal to which data will
be transmitted incorporates the features
necessary to support overlay codes; (2)
consider the type of data that is to be
transmitted in an orthogonal channel; and
(3) if the subscriber terminal supports

overlay codes and the data type is one for
which overlay codes should be applied,
then apply overlay codes (otherwise do
not), and equivalents thereof

US 1355224v.1

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