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

Filing 192

AMENDED JOINT CLAIM CONSTRUCTION CHART filed by Alcatel-Lucent USA Inc., Ericsson Inc., Exedea INC., HTC America, Inc., HTC Corporation, Sony Mobile Communications (USA) Inc., Sony Mobile Communications AB, Telefonaktiebolaget LM Ericsson, WI-LAN Inc. and NOTICE OF COMPLIANCE WITH PATENT RULE 4-5(d). (Attachments: # 1 Exhibit A-Amended Joint Claim Construction Chart, # 2 Exhibit B-Redline Comparison of Amended Chart)(Weaver, David)

EXHIBIT A

P.R. 4-5(d) Joint Claim Construction Chart
Note: Terms being construed are in bold. For brevity, (1) only asserted claims are listed in the chart, and (2) proposed constructions
for claim terms are only listed once per patent, where they first appear. The presence of the term in subsequent claims (asserted and
non-asserted) within the same patent or other asserted patents, if applicable, is indicated in a parenthetical accompanying each
disputed claim term.
U.S. Patent No. 6,088,326
’326 Patent Claim
Element
Claim 1
1. A transmission
controller for processing
data items to be
transmitted over a
wireless link connecting
a central terminal and a
subscriber terminal of
a wireless
telecommunications
system, a single
frequency channel being
employed for
transmitting data items
pertaining to a plurality
of wireless links, the
transmission controller
comprising:
an orthogonal code
generator for providing
an orthogonal code
from a set of `m`
orthogonal codes used

Disputed Term

Plaintiff’s Proposed
Construction

Defendants’ Proposed
Construction

wireless link

[AGREED]

[AGREED]

(Appears in ’326 Patent
cls. 1, 2, 5, 9, 11–13;
’211 Patent cls. 1, 2, 5–
7; ’819 Patent cls. 1, 7,
8, 11, 12, 18, 21–25, 29;
’327 Patent 1, 11–22.)
subscriber terminal

“user equipment”

“a fixed-location device”

(Appears in ’326 Patent
cls. 1, 6, 8–12, 14; ’211
Patent cls. 1, 5, 6, 8, 9;
’819 Patent cls. 1, 8–12,
19, 21–25, 27, 29, 31;
’327 Patent cls. 1, 11,
13–22.)
orthogonal codes

[AGREED]

[AGREED]

Court’s Construction

(Appears in ’326 Patent
cls. 1, 3–5, 11, 12; ’211
Patent cls. 1, 3–6; ’819
1

“a radio connection
between a central
terminal and a particular
subscriber terminal for
communicating data
items therebetween”

“codes that crosscorrelate to zero with
respect to each other”

’326 Patent Claim
Element
to create `m` orthogonal
channels within the
single frequency
channel;

Disputed Term
Patent cls. 1, 3, 5, 7, 12,
14, 16, 18, 21–25, 29;
’327 Patent cls. 10, 12–
16.)
orthogonal channels

Plaintiff’s Proposed
Construction

[AGREED]

Defendants’ Proposed
Construction

[AGREED]

(Appears in ’326 Patent
cls. 1, 2, 5–15; ’211
Patent cls. 1, 2, 5–10;
’819 Patent cls. 1, 7–12,
18–25, 27–29, 31, 32;
’327 Patent cls. 10, 13–
16.)
a first encoder for
combining a data item to
be transmitted on the
single frequency channel
with said orthogonal
code from the
orthogonal code
generator, the
orthogonal code
determining the
orthogonal channel
over which the data item
is transmitted, whereby
data items pertaining to
different wireless links
may be transmitted
simultaneously within
different orthogonal
2

Court’s Construction

“a set of channels
created using the
orthogonal codes”

’326 Patent Claim
Element
channels of said single
frequency channel; and
a TDM encoder
arranged to apply time
division multiplexing
(TDM) techniques to
the data item in order to
insert the data item
within a time slot of the
orthogonal channel,
whereby a plurality of
data items relating to
different wireless links
may be transmitted
within the same
orthogonal channel
during a predetermined
frame period.

Disputed Term

TDM encoder
(Appears in ’326 Patent
cls. 1, 2, 5, 8–11; ’819
Patent cl. 11; ’327
Patent cl. 15.)
time division
multiplexing (TDM)
techniques
(Appears in ’326 Patent
cls. 1, 5–8, 11, 12, 14,
15; ’211 Patent cls. 8–
10; ’819 Patent cl. 11;
’327 Patent cl. 15.)
time slot
(Appears in ’326 Patent
cls. 1, 5, 7, 11, 12, 15;
’211 Patent cls. 1, 5, 6,
10; ’327 Patent cls. 15,
16.)

Plaintiff’s Proposed
Construction

Defendants’ Proposed
Construction

“hardware and/or
software for applying
TDM techniques”

“a device that applies
time division
multiplexing (TDM)
techniques to share a
communication channel
among multiple wireless
links”
“techniques for
“methods in which a
allocating an interval of communication channel
time within a
is shared among
predetermined frame
multiple wireless links
period to a data item,
by allowing each to use
based on one or more
the channel for a given
characteristics associated period of time in a
with the data item”
defined, repeated
sequence”
“an interval of time”
“a period of time during
which a single wireless
link is permitted to use a
shared communication
channel”

Claim 2
2. A transmission
controller as claimed in
claim 1, further
comprising:
an overlay code

overlay code

“orthogonal codes used
3

“a second code applied

Court’s Construction

’326 Patent Claim
Element
generator for providing
an overlay code from a
first set of ‘n’ overlay
codes which are
orthogonal to each other;
and

Disputed Term

(Appears in ’326 Patent
cls. 2, 5, 9–11, 13; ’211
Patent cls. 2, 5, 7, 8;
’819 Patent cls. 1, 2, 4,
6–10, 12, 13, 15, 17–32;
’327 Patent cls. 13, 14.)

Plaintiff’s Proposed
Construction
to increase the number
of orthogonal channels
that would otherwise be
available”

a second encoder,
selectively operable
instead of the TDM
encoder, to apply the
overlay code from the
overlay code generator
to said data item,
whereby ‘n’ data items
pertaining to different
wireless links may be
transmitted
simultaneously within
the same orthogonal
channel.
Claim 3
3. A transmission
controller as claimed in
claim 1, wherein the
orthogonal code
generator is a storage
arranged to store the set
of orthogonal codes.
Claim 4
4

Defendants’ Proposed
Construction
in series with the
orthogonal code”

Court’s Construction

’326 Patent Claim
Element
4. A transmission
controller as claimed in
claim 1, wherein the set
of orthogonal codes
comprise a set of
Rademacher-Walsh
(RW) codes.

Disputed Term

Plaintiff’s Proposed
Construction

Claim 5
5. A central terminal of a
wireless
telecommunications
system, comprising a
transmission controller
having:
an orthogonal code
generator for providing
an orthogonal code
from a set of ‘m’
orthogonal codes used
to create ‘m’ orthogonal
channels within the
single frequency
channel;
a first encoder for
combining a data item to
be transmitted on the
single frequency channel
with said orthogonal
code from the
orthogonal code
5

Defendants’ Proposed
Construction

Court’s Construction

’326 Patent Claim
Element
generator, the
orthogonal code
determining the
orthogonal channel
over which the data item
is transmitted, whereby
data items pertaining to
different wireless links
may be transmitted
simultaneously within
different orthogonal
channels of said single
frequency channel;

Disputed Term

Plaintiff’s Proposed
Construction

a TDM encoder
arranged to apply time
division multiplexing
(TDM) techniques to
the data item in order to
insert the data item
within a time slot of the
orthogonal channel,
whereby a plurality of
data items relating to
different wireless links
may be transmitted
within the same
orthogonal channel
during a predetermined
frame period;
an overlay code
6

Defendants’ Proposed
Construction

Court’s Construction

’326 Patent Claim
Element
generator for providing
an overlay code from a
first set of ‘n’ overlay
codes which are
orthogonal to each other;

Disputed Term

Plaintiff’s Proposed
Construction

Defendants’ Proposed
Construction

channelisation means for Function: determining

Indefinite under 35 USC

a second encoder,
selectively operable
instead of the TDM
encoder, to apply the
overlay code from the
overlay code generator
to said data item,
whereby ‘n’ data items
pertaining to different
wireless links may be
transmitted
simultaneously within
the same orthogonal
channel, wherein the
orthogonal code
generator is a storage
arranged to store the set
of orthogonal codes and
wherein the set of
orthogonal codes
comprise a set of
Rademacher-Walsh
(RW) codes.
Claim 6
6. A central terminal as

7

Court’s Construction

’326 Patent Claim
Element
claimed in claim 5,
further comprising
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.

Disputed Term
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

Plaintiff’s Proposed
Construction
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

8

Defendants’ Proposed
Construction
§ 112

Court’s Construction

’326 Patent Claim
Element

Disputed Term

Plaintiff’s Proposed
Construction
Corresponding Structure
(alternate construction):
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
9

Defendants’ Proposed
Construction

Court’s Construction

’326 Patent Claim
Element
Claim 7
7. A central terminal as
claimed in claim 6,
wherein the
channelisation means
also determines, for
those orthogonal
channels subject to
TDM techniques, how
many time slots will be
provided within each
orthogonal channel.

Disputed Term

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

Plaintiff’s Proposed
Construction
equivalents thereof

Defendants’ Proposed
Construction

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

Indefinite under 35 USC
§ 112

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
Corresponding Structure
(alternate construction):
demand assignment
engine connected to a
10

Court’s Construction

’326 Patent Claim
Element

Disputed Term

Plaintiff’s Proposed
Construction
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

Claim 8
8. A central terminal as
claimed in claim 7,
wherein a number of
said orthogonal
channels are designated
as traffic channels for
the transmission of data
items relating to
communication content,
and the TDM encoder is
employed to apply time
division multiplexing
11

Defendants’ Proposed
Construction

Court’s Construction

’326 Patent Claim
Element
(TDM) techniques to
data items to be sent
over a traffic channel
from said central
terminal to said
subscriber terminal.

Disputed Term

Plaintiff’s Proposed
Construction

Claim 9
9. A central terminal as
claimed in claim 5,
wherein a first of the
orthogonal channels is
reserved for the
transmission of signals
relating to the
acquisition of wireless
links, and the second
encoder is used instead
of the TDM encoder to
enable overlay codes to
be applied to data items
to be sent within said
first orthogonal
channel from the central
terminal to one of said
subscriber terminals.
Claim 10
10. A central terminal as
claimed in claim 5,
wherein a second of the
orthogonal channels is
12

Defendants’ Proposed
Construction

Court’s Construction

’326 Patent Claim
Element
reserved for the
transmission of signals
relating to the control of
calls, and the second
encoder is used instead
of the TDM encoder to
enable overlay codes to
be applied to data items
to be sent within said
second orthogonal
channel from the central
terminal to one of said
subscriber terminals.

Disputed Term

Plaintiff’s Proposed
Construction

Defendants’ Proposed
Construction

Court’s Construction

Disputed Term

Plaintiff’s Proposed
Construction

Defendants’ Proposed
Construction

Court’s Construction

U.S. Patent No. 6,381,211
’211 Patent Claim
Element
Claim 1
1. A reception controller
for processing data items
received over a wireless
link connecting a central
terminal and a
subscriber terminal of
a wireless
telecommunications
system, a single
frequency channel being
employed for

wireless link

[AGREED]

[AGREED]

(Appears in ’326 Patent
cls. 1, 2, 5, 9, 11–13;
’211 Patent cls. 1, 2, 5–
7; ’819 Patent cls. 1, 7,
8, 11, 12, 18, 21–25, 29;
’327 Patent 1, 11–22.)
subscriber terminal

“user equipment”

“a fixed-location device”

(Appears in ’326 Patent
13

“a radio connection
between a central
terminal and a particular
subscriber terminal for
communicating data
items therebetween”

’211 Patent Claim
Element
transmitting data items
pertaining to a plurality
of wireless links, and
‘m’ orthogonal
channels being provided
within the single
frequency channel, the
receiver controller
comprising:

an orthogonal code
generator for providing
an orthogonal code
from a set of ‘m’
orthogonal codes used
to create said ‘m’
orthogonal channels
within the single
frequency channel;

Disputed Term

Plaintiff’s Proposed
Construction

Defendants’ Proposed
Construction

Court’s Construction

cls. 1, 6, 8–12, 14; ’211
Patent cls. 1, 5, 6, 8, 9;
’819 Patent cls. 1, 8–12,
19, 21–25, 27, 29, 31;
’327 Patent cls. 1, 11,
13–22.)
orthogonal channels

[AGREED]

[AGREED]

(Appears in ’326 Patent
cls. 1, 2, 5–15; ’211
Patent cls. 1, 2, 5–10;
’819 Patent cls. 1, 7–12,
18–25, 27–29, 31, 32;
’327 Patent cls. 10, 13–
16.)
orthogonal codes

“a set of channels
created using the
orthogonal codes”

[AGREED]

[AGREED]

“codes that crosscorrelate to zero with
respect to each other”

(Appears in ’326 Patent
cls. 1, 3–5, 11, 12; ’211
Patent cls. 1, 3–6; ’819
Patent cls. 1, 3, 5, 7, 12,
14, 16, 18, 21–25, 29;
’327 Patent cls. 10, 12–
16.)

a first decoder for
applying, to signals
received on the single
frequency channel, the
orthogonal code
provided by the
orthogonal code
14

’211 Patent Claim
Element
generator, in order to
isolate data items
transmitted within the
corresponding
orthogonal channel;
and
a TDM decoder
arranged to extract a
data item from a
predetermined time slot
within said orthogonal
channel, a plurality of
data items relating to
different wireless links
being transmitted within
the same orthogonal
channel during a
predetermined frame
period.

Disputed Term

Plaintiff’s Proposed
Construction

Defendants’ Proposed
Construction

(Appears in ’211 Patent
cls. 1, 2, 5, 7; ’327
Patent cl. 16.)

“hardware and/or
software for extracting a
data item from a
predetermined time slot
within the orthogonal
channel”

time slot

“an interval of time”

“a device used to extract
information from a
communication channel
that is shared among
multiple wireless links
by allocating a given
period of time to each
such link in a defined,
repeated sequence”
“a period of time during
which a single wireless
link is permitted to use a
shared communication
channel”

TDM decoder

(Appears in ’326 Patent
cls. 1, 5, 7, 11, 12, 15;
’211 Patent cls. 1, 5, 6,
10; ’327 Patent cls. 15,
16.)

Claim 2
2. A reception controller
as claimed in claim 1,
further comprising:
an overlay code
generator for providing
an overlay code from a
first set of ‘n’ overlay

overlay code
(Appears in ’326 Patent
cls. 2, 5, 9–11, 13; ’211

“orthogonal codes used
to increase the number
of orthogonal channels
that would otherwise be
15

“a second code applied
in series with the
orthogonal code”

Court’s Construction

’211 Patent Claim
Element
codes which are
orthogonal to each other,
the set of ‘n’ overlay
codes enabling ‘n’ data
items pertaining to
different wireless links
to be transmitted
simultaneously within
the same orthogonal
channel; and

Disputed Term
Patent cls. 2, 5, 7, 8;
’819 Patent cls. 1, 2, 4,
6–10, 12, 13, 15, 17–32;
’327 Patent cls. 13, 14.)

Plaintiff’s Proposed
Construction
available”

a second decoder,
selectively operable
instead of the TDM
decoder, to apply to the
data items of the
orthogonal channel, the
overlay code from the
overlay code generator
so as to isolate a
particular data item
transmitted using that
overlay code.
Claim 3
3. A reception controller
as claimed in claim 1,
wherein the orthogonal
code generator is a
storage arranged to store
the set of orthogonal
codes.
16

Defendants’ Proposed
Construction

Court’s Construction

’211 Patent Claim
Element
Claim 4
4. A reception controller
as claimed in claim 1,
wherein the set of
orthogonal codes
comprise a set of
Rademacher-Walsh
(RW) codes.

Disputed Term

Plaintiff’s Proposed
Construction

Claim 5
5. A subscriber
terminal of a wireless
telecommunications
system, comprising a
reception controller
having:
an orthogonal code
generator for providing
an orthogonal code
from a set of ‘m’
orthogonal codes used
to create said ‘m’
orthogonal channels
within the single
frequency channel;
a first decoder for
applying, to signals
received on the single
frequency channel, the
orthogonal code
provided by the
17

Defendants’ Proposed
Construction

Court’s Construction

’211 Patent Claim
Element
orthogonal code
generator, in order to
isolate data items
transmitted within the
corresponding
orthogonal channel;

Disputed Term

Plaintiff’s Proposed
Construction

a TDM decoder
arranged to extract a
data item from a
predetermined time slot
within said orthogonal
channel, a plurality of
data items relating to
different wireless links
being transmitted within
the same orthogonal
channel during a
predetermined frame
period;
an overlay code
generator for providing
an overlay code from a
first set of ‘n’ overlay
codes which are
orthogonal to each other,
the set of ‘n’ overlay
codes enabling ‘n’ data
items pertaining to
different wireless links
to be transmitted
18

Defendants’ Proposed
Construction

Court’s Construction

’211 Patent Claim
Element
simultaneously within
the same orthogonal
channel;

Disputed Term

Plaintiff’s Proposed
Construction

Defendants’ Proposed
Construction

Court’s Construction

Disputed Term

Plaintiff’s Proposed
Construction

Defendants’ Proposed
Construction

Court’s Construction

a second decoder,
selectively operable
instead of the TDM
decoder, to apply to the
data items of the
orthogonal channel, the
overlay code from the
overlay code generator
so as to isolate a
particular data item
transmitted using that
overlay code, wherein
the set of orthogonal
codes comprise a set of
Rademacher-Walsh
(RW) codes and wherein
the set of orthogonal
codes comprise a set of
Rademacher-Walsh
(RW) codes.

U.S. Patent No. 6,222,819
’819 Patent Claim
Element
Claim 1
1. A transmission

wireless link

[AGREED]
19

[AGREED]

“a radio connection

’819 Patent Claim
Element
controller for processing
data items to be
transmitted over a
wireless link connecting
a central terminal and a
subscriber terminal of
a wireless
telecommunications
system, a single
frequency channel being
employed for
transmitting data items
pertaining to a plurality
of wireless links, the
transmission controller
comprising:
an orthogonal code
generator for providing
an orthogonal code
from a set of ‘m’
orthogonal codes used
to create ‘m’ orthogonal
channels within the
single frequency
channel, wherein ‘m’ is
a positive integer;

Disputed Term

(Appears in ’326 Patent
cls. 1, 2, 5, 9, 11–13;
’211 Patent cls. 1, 2, 5–
7; ’819 Patent cls. 1, 7,
8, 11, 12, 18, 21–25, 29;
’327 Patent 1, 11–22.)
subscriber terminal

Plaintiff’s Proposed
Construction

Defendants’ Proposed
Construction

Court’s Construction
between a central
terminal and a particular
subscriber terminal for
communicating data
items therebetween”

“user equipment”

“a fixed-location device”

orthogonal codes

[AGREED]

[AGREED]

(Appears in ’326 Patent
cls. 1, 3–5, 11, 12; ’211
Patent cls. 1, 3–6; ’819
Patent cls. 1, 3, 5, 7, 12,
14, 16, 18, 21–25, 29;
’327 Patent cls. 10, 12–
16.)
orthogonal channels

“codes that crosscorrelate to zero with
respect to each other”

[AGREED]

[AGREED]

“a set of channels
created using the
orthogonal codes”

(Appears in ’326 Patent
cls. 1, 6, 8–12, 14; ’211
Patent cls. 1, 5, 6, 8, 9;
’819 Patent cls. 1, 8–12,
19, 21–25, 27, 29, 31;
’327 Patent cls. 1, 11,
13–22.)

(Appears in ’326 Patent
cls. 1, 2, 5–15; ’211
Patent cls. 1, 2, 5–10;
’819 Patent cls. 1, 7–12,
20

’819 Patent Claim
Element

Disputed Term

Plaintiff’s Proposed
Construction

Defendants’ Proposed
Construction

18–25, 27–29, 31, 32;
’327 Patent cls. 10, 13–
16.)
a first encoder for
combining a data item to
be transmitted on the
single frequency channel
with said orthogonal
code from the
orthogonal code
generator, the
orthogonal code
determining the
orthogonal channel
over which the data item
is transmitted, whereby
data items pertaining to
different wireless links
may be transmitted
simultaneously within
different orthogonal
channels of said single
frequency channel;
an overlay code
generator for providing
an overlay code from a
first set of ‘n’ overlay
codes which are
orthogonal to each other,
wherein ‘n’ is a positive

overlay code
(Appears in ’326 Patent
cls. 2, 5, 9–11, 13; ’211
Patent cls. 2, 5, 7, 8;
’819 Patent cls. 1, 2, 4,
6–10, 12, 13, 15, 17–32;
’327 Patent cls. 13, 14.)

“orthogonal codes used
to increase the number
of orthogonal channels
that would otherwise be
available”

21

“a second code applied
in series with the
orthogonal code”

Court’s Construction

’819 Patent Claim
Element
integer; and

Disputed Term

Plaintiff’s Proposed
Construction

a second encoder
arranged to apply the
overlay code from the
overlay code generator
to said data item,
whereby ‘n’ data items
pertaining to different
wireless links may be
transmitted
simultaneously within
the same orthogonal
channel.
Claim 2
2. A transmission
controller as claimed in
claim 1, wherein the
overlay code generator
is arranged to provide
overlay codes from one
or more further sets of
overlay codes having
different numbers of
overlay codes to said
first set of overlay
codes.
Claim 3
3. A transmission
controller as claimed in
claim 1, wherein the
22

Defendants’ Proposed
Construction

Court’s Construction

’819 Patent Claim
Element
orthogonal code
generator is a storage
arranged to store the set
of orthogonal codes.

Disputed Term

Plaintiff’s Proposed
Construction

Claim 4
4. A transmission
controller as claimed in
claim 1, wherein the
overlay code generator
is a storage arranged to
store the set of overlay
codes.
Claim 5
5. A transmission
controller as claimed in
claim 1, wherein the set
of orthogonal codes
comprise a set of
Rademacher-Walsh
(RW) codes.
Claim 6
6. A transmission
controller as claimed in
claim 5, wherein the set
of overlay codes are
derived from RW codes,
each set of ‘n’ overlay
codes comprising an
n×n matrix of RW
23

Defendants’ Proposed
Construction

Court’s Construction

’819 Patent Claim
Element
codes.

Disputed Term

Plaintiff’s Proposed
Construction

Claim 7
7. A central terminal of a
wireless
telecommunications
system, comprising:
a transmission controller
having:
an orthogonal code
generator for providing
an orthogonal code
from a set of ‘m’
orthogonal codes used
to create ‘m’ orthogonal
channels within the
single frequency
channel, wherein ‘m’ is
a positive integer;
a first encoder for
combining a data item to
be transmitted on the
single frequency channel
with said orthogonal
code from the
orthogonal code
generator, the
orthogonal code
determining the
orthogonal channel
24

Defendants’ Proposed
Construction

Court’s Construction

’819 Patent Claim
Element
over which the data item
is transmitted, whereby
data items pertaining to
different wireless links
may be transmitted
simultaneously within
different orthogonal
channels of said single
frequency channel;

Disputed Term

Plaintiff’s Proposed
Construction

an overlay code
generator for providing
an overlay code from a
first set of ‘n’ overlay
codes which are
orthogonal to each other,
wherein ‘n’ is a positive
integer;
a second encoder
arranged to apply the
overlay code from the
overlay code generator
to said data item,
whereby ‘n’ data items
pertaining to different
wireless links may be
transmitted
simultaneously within
the same orthogonal
channel, wherein the
overlay code generator
25

Defendants’ Proposed
Construction

Court’s Construction

’819 Patent Claim
Element
is arranged to provide
overlay codes from one
or more further sets of
overlay codes having
different numbers of
overlay codes to said
first set of overlay
codes, wherein the
orthogonal code
generator is a storage
arranged to store the set
of orthogonal codes,
wherein the overlay
code generator is a
storage arranged to store
the set of overlay codes,
wherein the set of
orthogonal codes
comprise a set of
Rademacher-Walsh
(RW) codes, and
wherein the set of
overlay codes are
derived from RW codes,
each set of ‘n’ overlay
codes comprising an
n×n matrix of RW
codes.

Disputed Term

Plaintiff’s Proposed
Construction

Claim 8
8. A central terminal as
claimed in claim 7,
26

Defendants’ Proposed
Construction

Court’s Construction

’819 Patent Claim
Element
wherein a first of the
orthogonal channels is
reserved for the
transmission of signals
relating to the
acquisition of wireless
links, and the
transmission controller
is provided in the central
terminal to enable
overlay codes to be
applied to data items to
be sent within said first
orthogonal channel
from the central terminal
to one of said
subscriber terminals.

Disputed Term

Plaintiff’s Proposed
Construction

Claim 9
9. A central terminal as
claimed in claim 8,
wherein a second of the
orthogonal channels is
reserved for the
transmission of signals
relating to the control of
calls, and the
transmission controller
is provided in the central
terminal to enable
overlay codes to be
applied to data items to
27

Defendants’ Proposed
Construction

Court’s Construction

’819 Patent Claim
Element
be sent within said
second orthogonal
channel from the central
terminal to one of said
subscriber terminals.
Claim 10
10. A central terminal as
claimed in claim 7,
further comprising
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.

Disputed Term

Plaintiff’s Proposed
Construction

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

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
28

Defendants’ Proposed
Construction

Indefinite under 35
U.S.C. § 112

Court’s Construction

’819 Patent Claim
Element

Disputed Term

Plaintiff’s Proposed
Construction
the capability of
subscriber terminals to
support overlay codes
and/or the type of data
items to be transmitted,
and equivalents thereof
Corresponding Structure
(alternate construction):
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
29

Defendants’ Proposed
Construction

Court’s Construction

’819 Patent Claim
Element

Disputed Term

Plaintiff’s Proposed
Construction
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

Defendants’ Proposed
Construction

“hardware and/or
software for applying
TDM techniques”

“a device that applies
time division
multiplexing (TDM)
techniques to share a
communication channel
among multiple wireless
links”
“methods in which a
communication channel
is shared among
multiple wireless links
by allowing each to use

Claim 11
11. A central terminal as
claimed in claim 7,
wherein a number of
said orthogonal
channels are designated
as traffic channels for
the transmission of data
items relating to
communication content,
said central terminal
further comprising:
a TDM encoder
arranged to apply time
division multiplexing
(TDM) techniques to
data items to be sent
over a traffic channel
from said central
terminal to said
subscriber terminal, so
as to enable a plurality
of data items pertaining
to different wireless

TDM encoder
(Appears in ’326 Patent
cls. 1, 2, 5, 8–11; ’819
Patent cl. 11; ’327
Patent cl. 15.)
time division
multiplexing (TDM)
techniques
(Appears in ’326 Patent

“techniques for
allocating an interval of
time within a
predetermined frame
period to a data item,
30

Court’s Construction

’819 Patent Claim
Element
links to be sent within
one orthogonal traffic
channel during a
predetermined frame
period.

Disputed Term
cls. 1, 5–8, 11, 12, 14,
15; ’211 Patent cls. 8–
10; ’819 Patent cl. 11;
’327 Patent cl. 15.)

Plaintiff’s Proposed
Defendants’ Proposed
Construction
Construction
based on one or more
the channel for a given
characteristics associated period of time in a
with the data item”
defined, repeated
sequence”

Claim 12
12. A reception
controller for processing
data items received over
a wireless link
connecting a central
terminal and a
subscriber terminal of
a wireless
telecommunications
system, a single
frequency channel being
employed for
transmitting data items
pertaining to a plurality
of wireless links, the
receiver controller
comprising:
an orthogonal code
generator for providing
an orthogonal code
from a set of ‘m’
orthogonal codes used
to create ‘m’ orthogonal
channels within the
31

Court’s Construction

’819 Patent Claim
Element
single frequency
channel, wherein ‘m’ is
a positive integer;

Disputed Term

Plaintiff’s Proposed
Construction

a first encoder for
applying, to signals
received on the single
frequency channel, the
orthogonal code
provided by the
orthogonal code
generator, in order to
isolate data items
transmitted within the
corresponding
orthogonal code;
an overlay code
generator for providing
an overlay code from a
first set of ‘n’ overlay
codes which are
orthogonal to each other,
the set of ‘n’ overlay
codes enabling ‘n’ data
items pertaining to
different wireless links
to be transmitted
simultaneously within
the same orthogonal
channel, wherein ‘n’ is
a positive integer; and
32

Defendants’ Proposed
Construction

Court’s Construction

’819 Patent Claim
Element
a second encoder for
applying, to the data
items of the orthogonal
channel, the overlay
code from the overlay
code generator so as to
isolate a particular data
item transmitted using
that overlay code.

Disputed Term

Plaintiff’s Proposed
Construction

Claim 13
13. A reception
controller as claimed in
claim 12, wherein the
overlay code generator
is arranged to provide
overlay codes from one
or more further sets of
overlay codes having
different numbers of
overlay codes to said
first set of overlay
codes.
Claim 14
14. A reception
controller as claimed in
claim 12, wherein the
orthogonal code
generator is a storage
arranged to store the set
of orthogonal codes.
33

Defendants’ Proposed
Construction

Court’s Construction

’819 Patent Claim
Element
Claim 15
15. A reception
controller as claimed in
claim 12, wherein the
overlay code generator
is a storage arranged to
store the set of overlay
codes.

Disputed Term

Plaintiff’s Proposed
Construction

Claim 16
16. A reception
controller as claimed in
claim 12, wherein the set
of orthogonal codes
comprise a set of
Rademacher-Walsh
(RW) codes.
Claim 17
17. A controller as
claimed in claim 12,
wherein the set of
overlay codes are
derived from RW codes,
each set of ‘n’ overlay
codes comprising an
n×n matrix of RW
codes.
Claim 21
21. A subscriber
terminal of a wireless
telecommunications
34

Defendants’ Proposed
Construction

Court’s Construction

’819 Patent Claim
Element
system, comprising:

Disputed Term

Plaintiff’s Proposed
Construction

a transmission controller
having:
an orthogonal code
generator for providing
an orthogonal code
from a set of ‘m’
orthogonal codes used
to create ‘m’ orthogonal
channels within the
single frequency
channel, wherein ‘m’ is
a positive integer;
a first encoder for
combining a data item to
be transmitted on the
single frequency channel
with said orthogonal
code from the
orthogonal code
generator, the
orthogonal code
determining the
orthogonal channel
over which the data item
is transmitted, whereby
data items pertaining to
different wireless links
may be transmitted
simultaneously within
35

Defendants’ Proposed
Construction

Court’s Construction

’819 Patent Claim
Element
different orthogonal
channels of said single
frequency channel;

Disputed Term

Plaintiff’s Proposed
Construction

an overlay code
generator for providing
an overlay code from a
first set of ‘n’ overlay
codes which are
orthogonal to each other,
wherein ‘m’ is a positive
integer;
a second encoder
arranged to apply the
overlay code from the
overlay code generator
to said data item,
whereby ‘n’ data items
pertaining to different
wireless links may be
transmitted
simultaneously within
the same orthogonal
channel, wherein the
overlay code generator
is arranged to provide
overlay codes from one
or more further sets of
overlay codes having
different numbers of
overlay codes to said
36

Defendants’ Proposed
Construction

Court’s Construction

’819 Patent Claim
Element
first set of overlay
codes, wherein the
orthogonal code
generator is a storage
arranged to store the set
of orthogonal codes,
wherein the set of
orthogonal codes
comprise a set of
Rademacher-Walsh
(RW) codes, and
wherein the set of
overlay codes are
derived from RW codes,
each set of ‘n’ overlay
codes comprising an
n×n matrix of RW
codes; the transmission
controller operable to
enable overlay codes to
be applied to data items
sent from the subscriber
terminals to the central
terminal.

Disputed Term

Plaintiff’s Proposed
Construction

Claim 22
22. A subscriber
terminal of a wireless
telecommunications
system, comprising:
a reception controller
37

Defendants’ Proposed
Construction

Court’s Construction

’819 Patent Claim
Element
having:

Disputed Term

Plaintiff’s Proposed
Construction

an orthogonal code
generator for providing
an orthogonal code
from a set of ‘m’
orthogonal codes used
to create ‘m’ orthogonal
channels within the
single frequency
channel, wherein ‘m’ is
a positive integer;
a first decoder for
applying, to signals
received on the single
frequency channel, the
orthogonal code
provided by the
orthogonal code
generator, in order to
isolate data items
transmitted within the
corresponding
orthogonal channel;
an overlay code
generator for providing
an overlay code from a
first set of ‘n’ overlay
codes which are
orthogonal to each other,
the set of ‘n’ overlay
38

Defendants’ Proposed
Construction

Court’s Construction

’819 Patent Claim
Element
codes enabling ‘n’ data
items pertaining to
different wireless links
to be transmitted
simultaneously within
the same orthogonal
channel, wherein ‘n’ is
a positive integer;

Disputed Term

Plaintiff’s Proposed
Construction

a second decoder for
applying, to the data
items of the orthogonal
channel, the overlay
code from the overlay
code generator so as to
isolate a particular data
item transmitted using
that overlay code,
wherein the overlay
code generator is
arranged to provide
overlay codes from one
or more further sets of
overlay codes having
different numbers of
overlay codes to said
first set of overlay
codes, wherein the
orthogonal code
generator is a storage
arranged to store the set
of orthogonal codes,
39

Defendants’ Proposed
Construction

Court’s Construction

’819 Patent Claim
Element
wherein the overlay
code generator is a
storage arranged to store
the set of overlay codes,
wherein the set of
orthogonal codes
comprise a set of
Rademacher-Walsh
(RW) codes, and
wherein the set of
overlay codes are
derived from RW codes,
each set of ‘n’ overlay
codes comprising an
n×n matrix of RW
codes.

Disputed Term

Plaintiff’s Proposed
Construction

Defendants’ Proposed
Construction

Court’s Construction

Disputed Term

Plaintiff’s Proposed
Construction

Defendants’ Proposed
Construction

Court’s Construction

U.S. Patent No. 6,195,327
’327 Patent Claim
Element
Claim 1
1. An interference
controller for limiting in
one cell the effect of
interference generated
by other cells of a
wireless
telecommunications
system, each cell of the

wireless link

[AGREED]

(Appears in ’326 Patent
cls. 1, 2, 5, 9, 11–13;
’211 Patent cls. 1, 2, 5–
7; ’819 Patent cls. 1, 7,
8, 11, 12, 18, 21–25, 29;
’327 Patent 1, 11–22.)
40

[AGREED]

“a radio connection
between a central
terminal and a particular
subscriber terminal for
communicating data
items therebetween”

’327 Patent Claim
Element
wireless
telecommunications
system having a central
terminal and a plurality
of subscriber
terminals,
communication between
a central terminal and a
subscriber terminal
being arranged to occur
over a wireless link, a
plurality of code
division multiplexed
channels being provided
within a single
frequency channel to
enable data items
pertaining to a plurality
of wireless links to be
transmitted
simultaneously within
different code division
multiplexed channels of
said single frequency
channel, the interference
controller comprising:
a channel controller
arranged to allocate a
number of said plurality
of code division
multiplexed channels as

Disputed Term
subscriber terminal

Plaintiff’s Proposed
Construction
“user equipment”

Defendants’ Proposed
Construction
“a fixed-location device”

Plain and ordinary
meaning

“the set of orthogonal
channels available to a
central terminal to use to
establish wireless links”

(Appears in ’326 Patent
cls. 1, 6, 8–12, 14; ’211
Patent cls. 1, 5, 6, 8, 9;
’819 Patent cls. 1, 8–12,
19, 21–25, 27, 29, 31;
’327 Patent cls. 1, 11,
13–22.)

channel pool
(Appears in ’327 Patent
cls. 1–7, 11, 21–27.)

41

Court’s Construction

’327 Patent Claim
Element
a channel pool of code
division multiplexed
channels available for
the establishment of said
wireless links;
an analyzer for receiving
parameters pertaining
to a wireless link
within the cell
indicative of whether
that wireless link is
subject to interference
from signals generated
by said other cells, the
analyzer being arranged
to compare those
parameters with
predetermined criteria
and to generate an
output signal dependent
on the comparison;

Disputed Term

Plaintiff’s Proposed
Construction

parameters pertaining to Plain and ordinary
a wireless link within the meaning
cell indicative of
whether that wireless
link is subject to
interference from signals
generated by said other
cells
(Appears in ’327 Patent
cls. 1, 11, 21, 22.
Appears in short form in
’327 Patent cls. 5, 27.)

a channel controller
being responsive to the
output signal from the
analyser, to selectively
reduce the number of
code division
multiplexed channels in
the channel pool in
order to reduce the effect
42

Defendants’ Proposed
Construction

“two or more indicators
that an individual
wireless link is
experiencing
interference from other
cells”

Court’s Construction

’327 Patent Claim
Element
of the interference from
said other cells.

Disputed Term

Plaintiff’s Proposed
Construction

Claim 2
2. An interference
controller as claimed in
claim 1, wherein a
parameter provided to
the analyser is the bit
error rate (BER) for
signals transmitted
within said code division
multiplexed channels,
and the predetermined
criteria with which the
analyser compares said
BER is a threshold BER
value identifying a
predetermined
maximum acceptable
BER, the channel
controller being
responsive to the
analyser indicating that
the BER exceeds the
predetermined
maximum acceptable
BER to remove a code
division multiplexed
channel from the
channel pool.
43

Defendants’ Proposed
Construction

Court’s Construction

’327 Patent Claim
Element
Claim 5
5. An interference
controller as claimed in
claim 1, wherein a
plurality of the code
division multiplexed
channels are designated
as traffic channels, the
analyser is arranged to
monitor the parameters
relating to interference
on those traffic channels,
and the channel
controller is arranged to
selectively designate
one or more of said
traffic channels as
locked channels which
should not be included
in the channel pool so
as to reduce the effect of
the interference from
said other cells.

Disputed Term

Plaintiff’s Proposed
Construction

selectively designate one [AGREED]
or more of said traffic
channels as locked
channels
(Appears in ’327 Patent
cls. 5, 21.)

Claim 6
6. An interference
controller as claimed in
claim 5, wherein if the
analyser determines that
a BER signal is below a
predetermined minimum
BER value, the channel
44

Defendants’ Proposed
Construction
[AGREED]

Court’s Construction

“make one or more data
channels unavailable for
transmission”

’327 Patent Claim
Element
controller is arranged to
designate one of said
locked channels as a free
traffic channel and to
include that traffic
channel in the channel
pool so that it can
subsequently be used for
data traffic.

Disputed Term

Plaintiff’s Proposed
Construction

Claim 8
8. An interference
controller as claimed in
claim 5, wherein the
channel controller is
provided with a value
indicating a maximum
number of code division
multiplexed channels
that can be designated as
traffic channels, the
channel controller only
adding code division
multiplexed channels
upon request from the
analyser if doing so
would not exceed the
maximum number of
code division
multiplexed channels.
Claim 10
45

Defendants’ Proposed
Construction

Court’s Construction

’327 Patent Claim
Element
10. An interference
controller as claimed in
claim 1, wherein said
code division
multiplexed channels are
orthogonal channels, a
set of orthogonal codes
being used to create said
orthogonal channels.

Disputed Term
orthogonal channels

Plaintiff’s Proposed
Construction
[AGREED]

Defendants’ Proposed
Construction
[AGREED]

(Appears in ’326 Patent
cls. 1, 2, 5–15; ’211
Patent cls. 1, 2, 5–10;
’819 Patent cls. 1, 7–12,
18–25, 27–29, 31, 32;
’327 Patent cls. 10, 13–
16)
orthogonal codes

[AGREED]

[AGREED]

(Appears in ’326 Patent
cls. 1, 3–5, 11, 12; ’211
Patent cls. 1, 3–6; ’819
Patent cls. 1, 3, 5, 7, 12,
14, 16, 18, 21–25, 29;
’327 Patent cls. 10, 12–
16)
Claim 11
11. A central terminal
for a cell of a wireless
telecommunications
system, the
telecommunications
system having a
plurality of cells, and
each cell having a
central terminal and a
plurality of subscriber
terminals,
communication between
46

Court’s Construction
“a set of channels
created using the
orthogonal codes”

“codes that crosscorrelate to zero with
respect to each other”

’327 Patent Claim
Element
the central terminal and
a subscriber terminal
in said cell being
arranged to occur over a
wireless link, a plurality
of code division
multiplexed channels
being provided within a
single frequency channel
to enable data items
pertaining to a plurality
of wireless links to be
transmitted
simultaneously within
different code division
multiplexed channels of
said single frequency
channel, the central
terminal comprising an
interference controller
for limiting the effect of
interference generated
by other cells of said
wireless
telecommunications
system, the interference
controller having;

Disputed Term

Plaintiff’s Proposed
Construction

a channel controller
arranged to allocate a
number of said plurality
of code division
47

Defendants’ Proposed
Construction

Court’s Construction

’327 Patent Claim
Element
multiplexed channels as
a channel pool of code
division multiplexed
channels available for
the establishment of said
wireless links;

Disputed Term

Plaintiff’s Proposed
Construction

an analyzer for receiving
parameters pertaining
to a wireless link
within the cell
indicative of whether
that wireless link is
subject to interference
from signals generated
by said other cells, the
analyzer being arranged
to compare those
parameters with
predetermined criteria
and to generate an
output signal dependent
on the comparison,
a channel controller
being responsive to the
output signal from the
analyser, to selectively
reduce the number of
code division
multiplexed channels in
the channel pool in
48

Defendants’ Proposed
Construction

Court’s Construction

’327 Patent Claim
Element
order to reduce the effect
of the interference from
said other cells.

Disputed Term

Plaintiff’s Proposed
Construction

Claim 12
12. A central terminal as
claimed in claim 11,
further comprising:
an orthogonal code
generator for providing
an orthogonal code
from a set of orthogonal
codes used to create said
code division
multiplexed channels
within the single
frequency channel;
a first encoder for
combining a data item to
be transmitted on the
single frequency channel
with said orthogonal
code from the
orthogonal code
generator, the
orthogonal code
determining the code
division multiplexed
channel over which the
data item is transmitted,
thereby enabling data
49

Defendants’ Proposed
Construction

Court’s Construction

’327 Patent Claim
Element
items pertaining to
different wireless links
to be transmitted
simultaneously within
different code division
multiplexed channels of
said single frequency
channel.

Disputed Term

Plaintiff’s Proposed
Construction

Claim 13
13. An interference
controller as claimed in
claim 1, further
comprising a
transmission controller
for processing data items
to be transmitted over a
wireless link connecting
a central terminal and a
subscriber terminal of
a wireless
telecommunications
system, a single
frequency channel being
employed for
transmitting data items
pertaining to a plurality
of wireless links, the
transmission controller
comprising:
an orthogonal code
50

Defendants’ Proposed
Construction

Court’s Construction

’327 Patent Claim
Element
generator for providing
an orthogonal code
from a set of ‘m’
orthogonal codes used
to create ‘m’ orthogonal
channels within the
single frequency
channel;

Disputed Term

Plaintiff’s Proposed
Construction

Defendants’ Proposed
Construction

a first encoder for
combining a data item to
be transmitted on the
single frequency channel
with said orthogonal
code from the
orthogonal code
generator, the
orthogonal code
determining the
orthogonal channel
over which the data item
is transmitted, whereby
data items pertaining to
different wireless links
may be transmitted
simultaneously within
different orthogonal
channels of said single
frequency channel;
an overlay code
generator for providing

overlay code

“orthogonal codes used
to increase the number
51

“a second code applied
in series with the

Court’s Construction

’327 Patent Claim
Element
an overlay code from a
first set of ‘n’ overlay
codes which are
orthogonal to each other;
and

Disputed Term
(Appears in ’326 Patent
cls. 2, 5, 9–11, 13; ’211
Patent cls. 2, 5, 7, 8;
’819 Patent cls. 1, 2, 4,
6–10, 12, 13, 15, 17–32;
’327 Patent cls. 13, 14)

Plaintiff’s Proposed
Construction
of orthogonal channels
that would otherwise be
available”

a second encoder
arranged to apply the
overlay code from the
overlay code generator
to said data item,
whereby ‘n’ data items
pertaining to different
wireless links may be
transmitted
simultaneously within
the same orthogonal
channel.
Claim 15
15. An interference
controller as claimed in
claim 1, further
comprising a
transmission controller
for processing data items
to be transmitted over a
wireless link connecting
a central terminal and a
subscriber terminal of
a wireless
telecommunications
52

Defendants’ Proposed
Construction
orthogonal code”

Court’s Construction

’327 Patent Claim
Element
system, a single
frequency channel being
employed for
transmitting data items
pertaining to a plurality
of wireless links, the
transmission controller
comprising:
an orthogonal code
generator for providing
an orthogonal code
from a set of ‘m’
orthogonal codes used
to create ‘m’ orthogonal
channels within the
single frequency
channel;
a first encoder for
combining a data item to
be transmitted on the
single frequency channel
with said orthogonal
code from the
orthogonal code
generator, the
orthogonal code
determining the
orthogonal channel
over which the data item
is transmitted, whereby
data items pertaining to

Disputed Term

Plaintiff’s Proposed
Construction

53

Defendants’ Proposed
Construction

Court’s Construction

’327 Patent Claim
Element
different wireless links
may be transmitted
simultaneously within
different orthogonal
channels of said single
frequency channel; and
a TDM encoder
arranged to apply time
division multiplexing
(TDM) techniques to
the data item in order to
insert the data item
within a time slot of the
orthogonal channel,
whereby a plurality of
data items relating to
different wireless links
may be transmitted
within the same
orthogonal channel
during a predetermined
frame period.

Disputed Term

TDM encoder
(Appears in ’326 Patent
cls. 1, 2, 5, 8–11; ’819
Patent cl. 11; ’327
Patent cl. 15)
time division
multiplexing (TDM)
techniques
(Appears in ’326 Patent
cls. 1, 5–8, 11, 12, 14,
15; ’211 Patent cls. 8–
10; ’819 Patent cl. 11;
’327 Patent cl. 15)
time slot
(Appears in ’326 Patent
cls. 1, 5, 7, 11, 12, 15;
’211 Patent cls. 1, 5, 6,
10; ’327 Patent cls. 15,
16)

Plaintiff’s Proposed
Construction

“hardware and/or
software for applying
TDM techniques”

Defendants’ Proposed
Construction

“a device that applies
time division
multiplexing (TDM)
techniques to share a
communication channel
among multiple wireless
links”
“techniques for
“methods in which a
allocating an interval of communication channel
time within a
is shared among
predetermined frame
multiple wireless links
period to a data item,
by allowing each to use
based on one or more
the channel for a given
characteristics associated period of time in a
with the data item”
defined, repeated
sequence”
“an interval of time”
“a period of time during
which a single wireless
link is permitted to use a
shared communication
channel”

Claim 17
17. An interference
54

Court’s Construction

’327 Patent Claim
Element
controller as claimed in
claim 13, further
comprising a channel
selection controller for
establishing a wireless
link connecting a central
terminal and a
subscriber terminal of
a wireless
telecommunications
system, at least two
frequency channels
being provided over
which said wireless link
could be established, the
channel controller
comprising:
a storage for storing data
identifying the at least
two frequency channels;
a selector for selecting a
frequency channel from
those listed in said
storage;
link acquisition logic for
establishing a wireless
link on the frequency
channel selected by the
selector;
the selector being
responsive to the link

Disputed Term

Plaintiff’s Proposed
Construction

55

Defendants’ Proposed
Construction

Court’s Construction

’327 Patent Claim
Element
acquisition logic being
unable to establish said
wireless link, to select
an alternative frequency
channel from those
listed in said storage.
Claim 19
19. An interference
controller as claimed in
claim 15, further
comprising a channel
selection controller for
establishing a wireless
link connecting a central
terminal and a
subscriber terminal of
a wireless
telecommunications
system, at least two
frequency channels
being provided over
which said wireless link
could be established, the
channel controller
comprising:
a storage for storing data
identifying the at least
two frequency channels;
a selector for selecting a
frequency channel from
those listed in said

Disputed Term

Plaintiff’s Proposed
Construction

56

Defendants’ Proposed
Construction

Court’s Construction

’327 Patent Claim
Element
storage;
link acquisition logic for
establishing a wireless
link on the frequency
channel selected by the
selector;
the selector being
responsive to the link
acquisition logic being
unable to establish said
wireless link, to select
an alternative frequency
channel from those
listed in said storage.

US 1362585v.2

Disputed Term

Plaintiff’s Proposed
Construction

57

Defendants’ Proposed
Construction

Court’s Construction