If you look at the PR's about the first IPR loss from Cisco, it shows that they already tried this defense.
"The PTAB concluded that the term “RF channel” as used in the ‘679 patent “does not include code channels – for example data streams created by CDMA– but instead refers only to frequency bands, such as those created by FDMA.”
Cisco tried the exact same argument in this appeal. I don't think that is going to work out too well for them.
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