Apple Computer Inc. v. Burst.com, Inc.

Filing 157

Declaration of Nicholas A. Brown in Support of 156 Reply Memorandum filed byApple Inc.. (Attachments: # 1 Exhibit A part 1# 2 Exhibit A part 2# 3 Exhibit A part 3# 4 Exhibit A part 4# 5 Exhibit A part 5# 6 Exhibit B part 1# 7 Exhibit B part 2# 8 Exhibit B part 3# 9 Exhibit C# 10 Exhibit D# 11 Exhibit E# 12 Exhibit F# 13 Exhibit G# 14 Exhibit H# 15 Exhibit I# 16 Exhibit J# 17 Exhibit K# 18 Exhibit L# 19 Exhibit M# 20 Exhibit N# 21 Exhibit O)(Related document(s) 156 ) (Brown, Nicholas) (Filed on 9/6/2007) Modified on 9/18/2007 (gba, COURT STAFF).

Apple Computer Inc. v. Burst.com, Inc.

Doc. 157 Att. 2

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THE DATA. LANGUAGE IS A LITTLE AWKWARD, RIGHT. THE MONITOR, THE

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AUDIO SIGNAL, THE EXAMINER SAID, TOO, THE EXAMINER SAID CLAIM

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THAT. IT'S NOT CLEAR WHETHER THE MONITORING FUNCTION OCCURS AND IT'S NOT CLEAR WHAT THE TIME RELATIONSHIP IS. THEY DO? LET ME JUST ADD, YOUR HONOR, AGAIN, APPLE IS SAYING THAT THESE CLAIMS WERE AMENDED TO OVERCOME DATA COMPRESSION. THEY IDENTIFIED TWO PATENTS WORKMAN AND FABRE. THESE CLAIMS
SO WHAT DO

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WEREN'T REJECTED BASED ON WORKMAN AND FABRE, THEY WERE REJECTED BASED ON ANTHER PATENT, THE PALMER PATENT. OKAY.
SO THEY CANCEL THE CLAIMS, THEY PUT IN NEW

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CLAIMS 26 THROUGH 29.

AND, YOUR HONOR, AGAIN, THEY TALK ABOUT

IN CLAIM ORDER, RECEIVING, COMPRESSING, STORING, TRANSMITTING. TRANSMITTING RIGHT THERE. THEY GO BACK TO THE CLAIM ORDER.
SO ONCE AGAIN WE

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HAVE A SITUATION THEY'RE NOT LIMITING THESE CLAIMS TO OVERCOME THE DATA COMPRESSION PRIOR ART THAT APPLE IS TALKING ABOUT, IT'S A SITUATION WHERE THEY'RE CLARIFYING THE CLAIMS. THEY'RE THEN FOCUSING IN ON THIS ORDER. '705 PROSECUTION HISTORY. DURING THE LITTLE WALKING AND

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TOUR WE'VE HAD LAST WEEK APPLE GAVE US WE FOCUS ON A SENTENCE, YOUR HONOR, WHAT WE NEED TO DO IT TELLS US WE HAVE TO BE VERY JAMES YEOMANS - OFFICIAL REPORTER - [phone]
Dockets.Justia.com

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MINDFUL IN THE PROSECUTION HISTORY, THIS IS AN ONGOING NEGOTIATION. THERE'S SOME BACK AND FORTH, REALLY DANGEROUS IF YOU DON'T FOLLOW IT THROUGH AND LOOK AT THE FINAL PRODUCT. YOUR HONOR, WHAT WE NEED TO DO, GO THROUGH AND SEE WHAT HAPPENED ALL ALONG THE WAY AND NOT JUST IN ONE SENTENCE. HERE'S WHAT HAPPENED. THE ENTIRE FOCUS OF THE
SO,

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DISCLAIMER ON THIS IZEKI REFERENCE, AND THE FIRST TIME IT'S MENTIONED IS IN THE THIRD OFFICE ACTION IN THE '542. OKAY. AND THERE SOMETHING THAT'S REAL IMPORTANT ABOUT THAT OFFICE ACTION. WHAT'S IMPORTANT, IT'S REALLY CRYSTAL CLEAR, THAT THE EXAMINER INTERPRETING TIME-COMPRESSED REPRESENTATION TO BE ACHIEVED THROUGH DATA COMPRESSION. WHY DO I SAY THAT? WELL, I SAY IT FOR THIS REASON. I'M NOT GOING TO READ

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THIS ENTIRE PASSAGE, IT'S HERE WE CAN GO BACK AND LOOK AT IT LATER. WE KNOW THEY'RE REFERRING TO DATA COMPRESSION, EVEN THOUGH THE EXAMINER'S REFERRING TO DATA COMPRESSION, EVEN THOUGH HE SAYS TIME-COMPRESSED, HE TALKS ABOUT INCREASING THE CAPACITY OF THE STORAGE MEDIA. TIME COMPRESSION DOESN'T DO THAT, IT'S BIT-FOR-BIT IDENTICAL. IT DOESN'T INCREASE THE CAPACITY OF THE STORAGE

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MEDIUM, THAT'S WHAT DATA COMPRESSION DOES. NEXT, THE EXAMINER POINTS OUT THAT SORT OF COMPRESSION JAMES YEOMANS - OFFICIAL REPORTER - [phone]

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IS ADMITTED BY THE APPLICANT IN THE SPECIFICATION 7 AND 8 TO BE KNOWN. WELL, THE ONLY THING THAT'S DESCRIBED AT PAGES 7 AND 8, PAGE 8 IS DATA COMPRESSION, IT'S THAT SAME REDUCED NUMBER OF BITS.
SO WHEN THE EXAMINER MAKING THE FIRST REJECTION BASED ON

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IZEKI, IZEKI DOESN'T DO THE TIME-COMPRESS. BUT OBVIOUS TO DO THAT, OBVIOUS TO DO THAT TO INCREASE THE STORAGE CAPACITY, TO BE ABLE TO SEND IT FASTER THAN REAL TIME, ADMITTED THESE DATA COMPRESSION TECHNIQUES ARE KNOWN, THAT'S THE BASIS OF THE REJECTION. IN RESPONSE, THIS IS WHAT BURST SAYS, AND THAT SENTENCE THAT I'VE HIGHLIGHTED HERE IS THE CRUX REALLY OF APPLE'S DISCLAIMER CASE. THIS IS WHERE IT ALL IS RIGHT HERE.

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WHILE IZEKI MENTIONS DATA COMPRESSION IS ONE TYPE OF CONVERSION PROCESS, THIS IS NOT EQUIVALENT BY ANY MEANS OF APPLICANT'S SPECIFICALLY CLAIMED TIME COMPRESSION. OKAY. WHAT DOES THAT MEAN? WELL, BEFORE WE DO THAT,

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WE GOT TO LOOK AT THAT.

LET'S REMEMBER WHAT BURST SAYS TIME-COMPRESSED REPRESENTATION, WHAT THAT PHRASE MEANS. TWO STEP PROCESS, REMEMBER DATA COMPRESSION, FIRST TO REDUCE THE NUMBER OF BITS TO GET A COMPRESSED REPRESENTATION. BUT THERE'S A SECOND STEP, THERE'S SOMETHING MORE, SOMETHING MORE THAN JUST DATA COMPRESSION. RIGHT. IT'S THAT

TO ENABLE THAT IS FASTER THAN REAL TIME TRANSMISSION TO ANOTHER JAMES YEOMANS - OFFICIAL REPORTER - [phone]

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DEVICE, THAT'S THE SECOND STEP OF THE TIME-COMPRESSED REPRESENTATION. SO, LET'S GO BACK AND LOOK AT THIS PHRASE AGAIN. THIS IS WHAT THEY SAID, YOUR HONOR. I'D LIKE TO POUR THIS IS

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THROUGH IN A BIT OF DETAIL BECAUSE THAT IS IMPORTANT. WHAT THEY SAY. PREVIOUS PAGE.

THEY SAY, AND I JUST RETYPED WHAT WE SAW ON THE I LEFT OUT THE FIRST SENTENCE AND LEFT OUT THE

IMPORTANT SENTENCE. THE DIFFERENCE BETWEEN THIS SLIDE 72 AND WHAT WE SAW BACK HERE IN 69, IT'S MEANT TO BE IDENTICAL. FIRST SENTENCE AND LEFT OUT THIS PART HERE. EASIER TO SEE. THIS IS WHAT THEY SAID. I JUST TOOK THAT IT'S A LITTLE

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IZEKI CONTAINS ABSOLUTELY NO SHOWING OR SUGGESTION WHATSOEVER OF COMPRESSING AUDIO/VIDEO SOURCE INFORMATION INTO A TIME-COMPRESSED REPRESENTATION THEREOF, HAVING AN ASSOCIATED BURST TIME PERIOD THAT'S SHORTER THAN THE TIME REQUIRED TO AFFECT REAL TIME VIEWING. RIGHT. RIGHT.

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THEY PARROT THE WHOLE CLAIM LANGUAGE THERE.

JUST NOT THE TIME-COMPRESSED REPRESENTATION, IT'S THE WHOLE THING. GOES ONTO SAY ABOUT IZEKI, ELEMENT 46 OF IZEKI, A CONVERSION UNIT THAT DOES NOTHING MORE, NOTHING MORE THAN CONVERT THE INPUTTED VIDEO AND/OR AUDIO DATA INTO A PRESCRIBED FORMAT. THIS IS THE SENTENCE. WHILE -- WHY DO WE USE THE
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JAMES YEOMANS - OFFICIAL REPORTER

[phone]

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WORD -- WHILE WE GET BACK TO THAT -- WHILE IZEKI MENTIONS DATA COMPRESSION, ONE TYPE OF CONVERSION PROCESS, THIS IS NOT THE EQUIVALENT BY ANY MEANS OF APPLICANT'S SPECIFICALLY CLAIMED TIME COMPRESSION. OKAY. YES, IZEKI DOES DATA COMPRESSION, BUT IT DOES THIS IS WHAT THEY SAY

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NOTHING MORE THAN DATA COMPRESSION. NEXT. WHY DOESN'T IT?

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BECAUSE IT CONTAINS ABSOLUTELY NO RECOGNITION OF THE NEED FOR TIME COMPRESSION OF AUDIO/VIDEO SOURCE INFORMATION OR
OF THE TRANSMISSION OF TIME-COMPRESSED AUDIO/VIDEO SOURCE

INFORMATION IN A BURST TIME PERIOD.
SO, YES, IT DOES DATA COMPRESSION, BUT DOESN'T DO

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ANYTHING MORE.

AND IN PARTICULARITY, DOESN'T EVEN RECOGNIZE

THIS CONCEPT OF SENDING FASTER THAN REAL TIME AND DOESN'T TRANSMIT FASTER THAN REAL TIME, THAT S WHAT THAT SAYING IN THE CONTEXT. YOU GO TO THE NEXT SENTENCE IT'S EVEN CLEARER. IN FACT, WHEN IZEKI TEACHES

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AWAY FROM THE CLAIMED INVENTION BY FOCUSING ON THE END RESULT OF PRODUCING ANALOG MASTER TYPE WITHIN THE APPARATUS. NOT ONLY DOES NOT TRANSMIT AWAY FASTER THAN REAL TIME, IT'S A QUESTION WHETHER EVEN TRANSMITS AWAY. SAY. WHAT HAPPENS NEXT? LET'S BACK UP. HERE'S WHAT THEY'RE SAYING. THEY'RE THAT'S WHAT THEY

SAYING, LISTEN, YES, IZEKI DOES DATA COMPRESSION, DOESN'T DO DATA, BUT IZEKI DOES NOTHING MORE THAN THAT. JAMES YEOMANS - OFFICIAL REPORTER - [phone]

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THAT'S ALL IZEKI DOES IS DATA COMPRESSION, IT DOESN'T DO THIS PIECE IT DOESN'T DO -- EVEN TO ENABLE THE FASTER THAN REAL TIME TRANSMISSION THEY DON'T RECOGNIZE THE NEED TO DO THAT. THEY'RE STUCK IN A DIFFERENT WORLD THEY'RE IN A

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DIFFERENT PLACE, THEY'RE DOING THIS EDITING AND PUTTING IT ON A MASTER TAPE THING, THEY'RE NOT TRYING TO SEND IT FASTER THAN REAL TIME. THAT'S WHY IZEKI IS DIFFERENT THAN THESE CLAIMS. THAT'S WHAT THAT PASSAGE SAYS WHEN YOU READ IT IN ITS ENTIRE CONTEXT. WHAT HAPPENS NEXT? WELL, IN THE FOURTH OFFICE ACTION AND THAT SAME '542 APPLICATION THE EXAMINER SURE DIDN'T THINK THERE WAS A DISCLAIMER. HOW DO WE KNOW THAT? THE EXAMINER STILL TALKING ABOUT DATA COMPRESSION. EXAMINER STILL TALKING ABOUT OBVIOUS TO DO THIS TO SAVE SPACE ON THE STORAGE MEDIUM, TO INCREASE THE STORAGE CAPACITY, STILL REFERRING TO THE PATENT SPECIFICATIONS. WE ONLY TALKED ABOUT DATA COMPRESSION, THE EXAMINER STILL THINKING WE'RE TALKING ABOUT DATA COMPRESSION. HE DIDN'T THINK THERE WAS A DISCLAIMER '542 GETS ABANDONED FILE WRAPPER, THE CONTINUATION '958 APPLICATION GETS FILED. WHAT HAPPENS THERE? EXAMINER ISSUES ANOTHER REJECTION, EXACT SAME THINGS ARE POINTS -- EXACT SAME POINT TALKS ABOUT THIS ADDRESSING THE JAMES YEOMANS
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OFFICIAL REPORTER - [phone]

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CAPACITY OF THE STORAGE MEANS, TALKS ABOUT WHAT'S DISCLOSED IN THE SPECIFICATION, WHICH WE ALL KNOW, WE ALL KNOW IT'S ONLY DATA COMPRESSION.
SO THE EXAMINER IS STILL SAYING, LISTEN, IT BE OBVIOUS

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BECAUSE OF THE DATA COMPRESSION, HE'S NOT TALKING ABOUT A TIME COMPRESSION AT ALL. WHAT HAPPENS NEXT?

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ANOTHER FILE WRAPPER CONTINUATION, NOW WE'RE DOWN TO THE '727, THIS IS THE ONE THAT ULTIMATELY ISSUED AS THE '705 PATENT. WHAT DO THEY SAY ABOUT IZEKI? THEY DON'T COME OUT AND SAY, LISTEN, EXAMINER, YOUR ALL WRONG. YES, WE ADMIT DATA COMPRESSION IS OPENED, BUT WE

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GOT SOMETHING NEW HERE, WE GOT THIS TIME COMPRESSION THING, THAT'S NOT WHAT THEY SAY HERE. THIS IS ALL THEY SAY ABOUT IZEKI. IZEKI TEACHES A HE

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COMPRESSION TECHNIQUE WITHOUT TRANSMISSION, THAT'S IT.

DOESN'T -- NOT ONLY DOES HE NOT SAY FASTER THAN REAL TIME, HE DOESN'T TRANSMIT AT ALL. YES, HE DOES PART ONE, BUT HE DOES NOTHING MORE THAN THAT COMPRESSION TECHNIQUE. REAL TIME. THEY GO ONTO TALK ABOUT SOME OF THE OTHER ART, TALK ABOUT HASKEL WHICH IS ANOTHER ONE OF THOSE TCM TYPE REFERENCES. THEY SAY, BIG DEAL, JUST DOES IT IN REAL TIME, THEN BURST GOES BACK AGAIN TO THE SPECIFICATION. RIGHT. SAYS, SPECIFICATION ADMITS THAT COMPRESSION ALONE IS JAMES YEOMANS - OFFICIAL REPORTER - [phone] HE DOESN'T SEND IT FASTER THAN

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NOT NEW, BUT THAT'S NOT ALL OF IT.

IT'S NOT JUST COMPRESSION,

IT'S COMPRESSION TO SEND IT FASTER THAN REAL TIME. OKAY. IT'S A DELIVERY TECHNIQUE THAT USES

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COMPRESSION, DOESN'T SAY TIME COMPRESSION, IT USES COMPRESSION TO TRANSMIT A TIME-COMPRESSED REPRESENTATION IN A BURST TIME PERIOD. OKAY. SAYS, FROM THE ADVENT OF COMPRESSION TECHNIQUES

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SYSTEM DESIGNERS NOTED A SYSTEM IMPLEMENTING COMPRESSION CAN SERVICE MORE CLIENTS IN REAL TIME. THIS IS THAT WHOLE REAL

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TIME BROADCAST PARADIGM WE TALKED ABOUT BEFORE. THEY SAY, THIS IS WHAT THEY DIDN'T RECOGNIZE, THEY DIDN'T RECOGNIZE TIME-COMPRESSED REPRESENTATIONS COULD BE SENT IN THE BURST TIME PERIOD. OKAY. EXAMINER, SAME REJECTION,

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STILL TALKING ABOUT CAPACITY OF THE STORAGE MEANS, STILL FOCUSED ON THE SPECIFICATION, EXAMINER STILL FOCUSED ON DATA COMPRESSION. THEN THE LAST RESPONSE BURST CANCELS THE CLAIMS, PUTS IN NEW CLAIMS, MAKES THESE ARGUMENTS. OKAY. AGAIN, IT'S

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FOCUSING ON THE BURST TRANSMISSION PERIOD PART 2 OF THAT TIME-COMPRESSED REPRESENTATION STEPS, YOUR HONOR. AND THE LAST SENTENCE DOWN HERE, THE LAST SENTENCE IN THE, LAST -- REALLY THE LAST SUBSTANTIVE RESPONSE THIS IS WHAT BURST SAID. IT SAYS, SINCE IZEKI DEALS WITH STILL PICTURE

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INFORMATION, COMPRESSION OF THE INFORMATION WOULD STILL NOT
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REPRESENT TIME COMPRESSION THEREOF, AS DEFINED IN THE JAMES YEOMANS - OFFICIAL REPORTER
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[phone]

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SPECIFICATION OF THE APPLICATION. THEY'RE SAYING THE TIME COMPRESSION DEFINED IN SPECIFICATION OF THE APPLICATION THAT'S THAT DATA COMPRESSION, THAT'S WHAT IT'S GOT TO BE, THAT'S ALL DEFINED IN THE APPLICATION. SAYS, SINCE THE TIME COMPRESSION NECESSARILY REQUIRES THAT THE INFORMATION TO BE COMPRESSED HAS A TEMPORAL DIMENSION.
SO THIS IS THE POINT.

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THERE'S NO DISCLAIMER HERE OF DATA

COMPRESSION. YOU CAN GO STEP BY STEP THROUGH THAT PROSECUTION HISTORY, A LABORIOUS PROCESS I KNOW WHEN YOU GO THROUGH STEP BY STEP, AND LOOK AT IT IN IT'S ENTIRETY, IT BECAME CLEAR EXAMINER AND BURST ON THE SAME PAGE, EVERY STEP OF THE WAY. THEY'RE TALKING ABOUT DATA COMPRESSION, THEY'RE NOT TALKING ABOUT THIS TCN TIME COMPRESSION, THEY'RE FOCUSED ON DATA COMPRESSION, THAT'S WHAT THEY'RE TALKING ABOUT. THEY'RE ESPECIALLY FOCUS ON THE SECOND PART OF THE DEFINITION WHICH IS TRANSMITTING FASTER THAN REAL TIME, GETTING AWAY FROM THE BROADCAST PARADIGM. OKAY. IN ORDER FOR THERE TO BE THIS SORT OF

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DISCLAIMER THAT APPLE IS ASKING THE COURT FOR IN THIS CASE THERE HAS TO BE A CLEAR UNMISTAKABLE DISCLAIMER, YOUR HONOR, AND THE COURT HAS SAID IN SANDDISK, FEDERAL CIRCUIT SAID IN SANDDISK AN ARGUMENT IS SUBJECT TO MORE THAN ONE REASONABLE INTERPRETATION. JAMES YEOMANS - OFFICIAL REPORTER - [phone]

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THAT'S NOT A DISCLAIMER, WE SUBMIT, THERE IS ONLY ONE REASONABLE INTERPRETATION WHAT HAPPENED. IT'S ALL FOCUSED ON

DATA COMPRESSION, BUT THERE'S NO WAY YOU CAN READ THAT ONE SENTENCE AND SAY THAT IT CLEARLY SHOWS A DISCLAIMER, JUST NOT THE CASE WHEN YOU LOOK AT IT CLOSELY. OKAY. APPLE HAS A LOT OF OTHER THINGS THEY POINT TO,

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IN THE INTEREST OF TIME I'M NOT GOING GO INTO IT, WE ADDRESSED ALL THOSE POINTS IN OUR BRIEFS. IT'S CLEAR WHEN YOU LOOK AT THOSE TCN REFERENCES ARE DIFFERENT THE STORAGE ISSUE, AND BECAUSE OF THE REAL TIME ISSUE BURST'S ARTICLE SHOW THEY DIDN'T GIVE UP THE DATA COMPRESSION, THE EPO COULDN'T BE CLEARER. BURST WAS VERY CLEAR THAT THE

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CLAIMS, THIS TIME-COMPRESSED REPRESENTATION WAS THE RESULT OF DATA COMPRESSION, CLEAR ABOUT THAT.
OKAY,

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SO IN SUMMARY, ON THE TIME-COMPRESSED

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REPRESENTATION, THE PREFERRED EMBODIMENT ONLY DESCRIBES, ONLY DISCLOSES DATA COMPRESSION CONTEXT OF CLAIMS, ESTABLISH A CLAIM ORDER THAT EXCLUDES THE TCM TYPE OF COMPRESSION, AND THE PROSECUTION HISTORY IS CONSISTENT WITH BURST'S CONSTRUCTION THAT THESE CLAIMS MEAN, THAT THESE CLAIMS MEAN DATA COMPRESSION TO ENABLE FASTER THAN REAL TIME TRANSMISSION. AND SECOND ISSUE REAL QUICK, YOUR HONOR, BECAUSE WE'VE REALLY GONE ON FOR AWHILE HERE, IS THE DEFINITE DURATION ISSUE. I THINK, IT REALLY RISES AND FALLS WITH THIS WHOLE TIME-COMPRESSED, TCM TIME-COMPRESSION MULTIPLEXING ISSUE. JAMES YEOMANS - OFFICIAL REPORTER - [phone]

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THE REASON THEY SAY THERE'S A DEFINITE DURATION IN THOSE REFERENCES, YOU GOT TO KNOW EXACTLY HOW MUCH FASTER YOU BRING THIS SIGNAL OUT OVER HERE, YOU GOT TO KNOW THAT, YOU GOT TO KNOW THE SPECIFIC DURATION OF YOUR TRANSMISSION, SO YOU CAN FIT IT IN THIS LITTLE WINDOW. THOSE ARE ALL ASPECTS OF THE TCM TYPE STUFF.
SO THE

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DEFINITE DURATION I REALLY BELIEF RISES AND FALLS WITH THE MORE GLOBAL ISSUE. THERE'S SEVERAL REASONS WHY THEY'RE WRONG ON THE DEFINITE DURATION. THEY ADMIT THE CLAIMS AREN'T LIMITED TO A THERE'S NOTHING IN THE

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FIXED BANDWIDTH TRANSMISSION LINK.

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PATENT SPECIFICATION THAT SAYS YOU GOT TO HAVE A DEFINITE DURATION, AND THE CLAIMS ONLY REQUIRES, THE CLAIMS ONLY REQUIRES TRANSMISSION RECEPTION THAT OCCURS IN LESS THAN THE PLAYBACK TIME. YOUR HONOR, THIS IS DR. HEMAMI'S SLIDE THAT SHOWS WHAT HAPPENS WHEN THE BANDWIDTH VARY, YOU ONLY GET AN PROXIMATE BANDWIDTH, YOU ONLY GET A PROXIM TE BANDWIDTH, ONLY PROXIMATE TRANSMISSION, YOU CAN'T HAVE A DEFINITE, THE BANDWIDTH GOES UP THE TRANSMISSION TIME GOES DOWN. SPECIFICATION NEVER USES DEFINITE DURATION LANGUAGE WHEN IT'S TALKING ABOUT TRANSMISSION RATES, USES THE AAB TYPE THINGS ABOUT LANGUAGE. AND, LASTLY, GOING BACK TO THE CLAIMS, YOUR HONOR, THE TIME PERIOD THAT IS SPECIFIED IN THE CLAIMS, THE DURATION OF JAMES YEOMANS - OFFICIAL REPORTER - [phone]

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THE TRANSMISSION IT'S CAPABLE OF BEING TRANSMITTED IN A BURST TRANSMISSION TIME PERIOD SUBSTANTIALLY SHORTER THAN THE TIME PERIOD ASSOCIATED WITH REAL TIME VIEWING. DOESN'T SAY YOU HAVE TO HAVE A DEFINITE DURATION, YOU KNOW, IT'S THE LESS THAN SIGN. RIGHT. TRANSMISSION TIME IS

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LESS THAN THE REAL TIME PLAYBACK PERIOD, JUST A BOUNDARY, NO DEFINITE DURATION. AND ANOTHER WAY TO STATE THAT IS YOU ONLY HAVE TO KNOW THE AUDIO/VIDEO INFORMATION HAS BEEN COMPRESSED SUFFICIENTLY TO ENABLE FASTER THAN REAL TIME TRANSMISSION. THAT'S ALL THAT'S REQUIRED BY THE CLAIMS.
THE COURT:

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OKAY YOUR HONOR, BURST TIME PERIOD SAME ISSUES,

MR. HEIM:

THE MEANING OF BURST TIME PERIOD, YOUR HONOR, IS REALLY SPECIFIED IN THE CLAIMS. BURST TIME PERIOD THAT IS SHORTER

THAN THE REAL TIME PERIOD. WHEN WE SAID BURST TIME PERIOD, THAT'S WHAT WE'RE REFERRING TO, IS THE SHORTER THAN THE REAL TIME PERIOD.
SO ALL

THAT'S REQUIRED IS THE TRANSMISSION PERIOD LESS THAN THE REAL TIME PLAYBACK. WITH THAT I'M GOING TO SIT DOWN AND LET APPLE ADDRESS THESE TERMS.
THE COURT:

THANK YOU.

WE'LL TAKE 10 MINUTES, OKAY,

THEN WE'LL RECONVENE.

THANK YOU. (RECESS TAKEN.)

(PROCEEDINGS RESUMED.) JAMES YEOMANS - OFFICIAL REPORTER - [phone]

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THE COURT:

OKAY.

MR. POWERS, THAT'S WHY I DON'T TAKE

A BREAK BECAUSE YOU GET TIED UP IN OTHER MATTERS.
MR. POWERS:

IF I MAY. IS THIS SOMETHING NEW AND DIFFERENT FROM

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THE COURT:

WHAT WE HAD BEFORE?
MR. POWERS:

THIS IS A COPY OF THE SLIDES, WHICH IS

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NEW AND DIFFERENT.
THE COURT:

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OKAY. AND, YOUR HONOR, AS WITH BURST WE HAVE

MR. POWERS:

OUR HELPER HERE SHOULD YOU HAVE ANY QUESTIONS ANY OF US ARE UNABLE TO ANSWER.
THE COURT:

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ARE YOU GOING TO MAKE THE ENTIRE

PRESENTATION? ARE YOU GOING TO GIVE SOME OF THE REST OF THESE PEOPLE AN OPPORTUNITY?
MR. POWERS:

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BUT, O F COURSE, I'LL BE COVERING THE TIME

COMPRESSION MODULE, IF YOU WILL, AND THEN MR. BROWN WILL BE COVERING THE TRANSMISSION MODULE AND MR. STEPHENS WILL BE COVERING THE MEANS PLUS FUNCTION MODULE.
THE COURT:

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OKAY. I'D LIKE TO BEGIN WITH, IF I MAY, WITH WHICH IS,

MR. POWERS:

EXACTLY THE QUESTION YOUR HONOR ASKED OF MR. HEIM. WHAT IS THIS INVENTION?

IF YOU LOOK AT THE SUMMARY OF THE INVENTION, WHICH IS ONLY
--

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YOU ARE EXPECTED TO LOOK AT THE LAYOUT WHAT THEY JAMES YEOMANS - OFFICIAL REPORTER - [phone]

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INVENTED.

THIS PATENT WHAT WE CALL A LAWYER'S PATENT RATHER

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THAN AN INVENTOR'S PATENT. AN INVENTOR'S PATENT IS ONE WHERE YOU READ THE SPECIFICATION, PARTICULARLY USUALLY THE SUMMARY OF THE INVENTION AND YOU UNDERSTAND WHAT IS IT THAT PERSON THOUGHT THEY INVENTED. AND IT'S NOT JUST ONE THING, MAYBE A COUPLE OF THINGS AND YOU READ THE FILE HISTORY AND YOU READ THE FINAL CLAIMS AND YOU SAY, ALL RIGHT, I SEE THERE'S BEEN A LITTLE NARROWING, A LITTLE CLARIFICATION, BUT WHAT ISSUE DOES THE CLAIMS MATCHES WHAT'S IN THE SPECIFICATION. A LAWYER'S PATENT IS DIFFERENT. A LAWYER'S PATENT SOMEWHERE ALONG THE PROSECUTION THERE'S A SUDDEN RIG1 T TURN
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A LAWYER FIGURES I CAN'T GET THESE CLAIMS, SO I'M GOING TO TRY TO GET SOMETHING ELSE, USUALLY BY ADDING AN ENTIRELY NEW CONCEPT. THE RIGHT TURN IN THIS PATENT CAME IN 1990 WHEN BURST DECIDED IT WASN'T GETTING WHAT IT WANTED WITH ITS OLD PATENT ATTORNEY AND HIRED A NEW ONE. MR. HEIN, APPARENTLY NOT MICHAEL

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HEIM'S LONG LOST BROTHER, BUT HE WAS THE SOURCE OF THE RIGHT TURN. BECAUSE IN 1990 ALL OF A SUDDEN AFTER NOT GETTING THE CLAIMS THEY WANTED HE INTRODUCED THIS CONCEPT OF TIME-COMPRESSED REPRESENTATION FOR THE FIRST TIME. A TERM NOT FOUND IN THE SPECIFICATION, A TERM NOT JAMES YEOMANS - OFFICIAL REPORTER - [phone]

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DISCUSSED ANYWHERE PRIOR TO THAT TIME.

IT IS THAT RIGHT TURN

THAT IS CAUSING THE PROBLEMS WE'RE HAVING HERE TODAY. AND IT'S THAT RIGHT TURN THAT WHEN YOU LOOK AT THE CURRENT CLAIMS YOU EXPERIENCE COGNITIVE DISTANCE BETWEEN THE CLAIMS AND WHAT YOU SEE IN THE SUMMARY OF THE INVENTION. AND THE POINT THAT YOUR HONOR MADE, I THINK, IS A CRITICAL ONE. WHICH IS, THE SPECIFICATION SAYS "FIXED", IT

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DOESN'T AND IT CAN'T CHANGE, BUT FOR A CIP THROUGHOUT THE COURSE OF PROSECUTION AND BUT FOR SOME MINOR TYPOGRAPHICAL TYPES OF CHANGES AND THE ISSUANCE. THE CLAIMS CAN CHANGE, TOO, SO THE RIGHT TURN ONLY OCCURRED IN THE CLAIMS, THAT'S WHY IN THIS CASE THERE'S A DISCONNECT BETWEEN THE CLAIMS AS THEY ISSUED AND THE SPECIFICATION AS THOSE CLAIMS WERE FILED AND ULTIMATELY ISSUED. AND WHEN YOU LOOK AT THE SUMMARY OF THE INVENTION, I'D LIKE TO PUT THAT UP BECAUSE I THINK IT IS ILLUSTRATIVE OF THE POINT THAT WE'RE MAKING. WHEN YOU LOOK AT T E SUMMARY OF THE INVENTION YOU SEE I A VERY GENERAL STATEMENT ABOUT THIS IMPROVED AUDIO/VIDEO RECORDER, WHICH YOU'LL RECALL FROM THE TUTORIAL THIS THING THAT LOOKED LIKE A VCR TAPE DRIVE, THEN YOU GO ON AND YOU SAY, OKAY, WHAT IS THE PURPOSE OF THIS INVENTION? WHAT IS MY INVENTION? THAT'S WHERE THE INVENTOR SUPPOSED TO LAY IT OUT. AND VERY FIRST ONE SAYS ITS OBJECT TO HAVE AN IMPROVED AUDIO/VIDEO RECORDER FOR USE IN AN ORDINARY TELEVISION SET. JAMES YEOMANS - OFFICIAL REPORTER - [phone]

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ALL RIGHT.

THAT IS LAID OUT VERY CLEARLY IN THE SPECIFICATION.

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IT'S DISCUSSED AT LENGTH AS TO HOW YOU USE THAT, IT HAS NOTHING TO DO WITH THE CLAIMS THAT WE'RE TALKING ABOUT NOW. YOU GO TO THE NEXT ONE. WELL, ANOTHER OBJECT IS

PROVIDE AN IMPROVED AUDIO/VIDEO RECORDER, AGAIN, WITH THE CAPABILITY OF TRANSFER FROM ONE PROGRAM, FROM ONE MEDIUM TO ANOTHER.
SO YOU'RE TRANSFERRING FROM ONE TAPE TO ANOTHER TAPE,

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FROM A TAPE TO A HARD DRIVE, AGAIN, THE SAME BASIC IDEA. THAT HAS NOTHING TO DO WITH WHAT WE'RE TALKING ABOUT HERE. YOU KEEP GOING, OKAY, WE'RE GOING TO DO THE SAME THING, REMEMBER THIS THE GUY

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YOU DON'T HAVE TO HAVE TWO TAPE DECKS.

INVENTOR OF THE DUAL DECK VCR, THAT'S REALLY WHAT HE'S THINKING ABOUT, THAT'S THE OBJECT OF THE INVENTION. YOU HAVE TO GO ALL THE WAY DOWN TO NUMBER 11, OBJECT
OF THE INVENTION NUMBER 11, WHICH IS THE ONE THEY CITE TO.

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LET'S GO TO THAT.

AND THEY'RE SAYING, THIS IS WHERE YOU'RE

GOING TO FIND COMPRESSION PLUS FASTER THAN REAL TIME, THIS IS WHERE THE INVENTOR LAID OUT THE INVENTION AS IT'S CURRENTLY IN THE CLAIMS. WELL, DOESN'T SAY THAT. IT SAYS IT HAS DATA AS YOUR HONOR

20

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COMPRESSION TECHNIQUES FOR EFFICIENT STORAGE.

POINTED OUT COMA, TRANSMISSION AND RECEPTION OVER TELEPHONE LINES OR OTHER DIGITAL MEANS, SUCH AS SATELLITE TRANSMISSION. DOESN'T SAY ANYWHERE FASTER THAN REAL TIME. AND, IN

FACT, THE REFERENCE TO TELEPHONE LINES IS INCONSISTENT WITH JAMES YEOMANS - OFFICIAL REPORTER - [phone]

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THAT BECAUSE YOU'LL RECALL FROM THE TUTORIAL THAT THE TELEPHONE LINE TRANSMISSION WAS SLOWER THAN REAL TIME AS DESCRIBED IN THE SPECIFICATION. APROPOS YOUR HONOR'S COMMENT ABOUT GRAMMAR, LET'S GO UP TO THE PRIOR OBJECT OF THE INVENTION WHICH ALSO DISCUSSES DATA COMPRESSION, WHICH IS THE 10TH ONE ON THE PAGE. SAYS
--

IT

ONE JUST ABOVE THAT PLEASE, CHRIS.

HERE WE GO.

PROVIDE AN IMPROVED AUDIO/VIDEO RECORDER WHICH MAXIMIZES A GIVEN STORAGE CAPACITY THROUGH THE USE OF DATA COMPRESSION TECHNIQUE. IT IS NO DOUBT THAT ONE PURPOSE OF THIS INVENTION AS IT WAS ORIGINALLY CONCEIVED AND DRAFTED WAS YOU'RE GOING TO USE DATA COMPRESSION, SO YOU HAVE SUFFICIENT STORAGE. THAT

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PERVADES THE SPECIFICATION, IT PERVADES SOME OF THE CLAIMS, THAT'S AGAIN NOT WHAT ARE ABOUT. THEY WERE TRYING TO SAVE SPACE ON HARD DRIVES WHICH WERE EXPENSIVE BACK THEN. WHEN YOU GO THROUGH ALL OF THIS YOU
--

ANYTHING WHAT THESE CURRENTS CLAIMS

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SAY, WELL, THERE'S ABSOLUTELY NOTHING IN THE OBJECTS OF THE INVENTION UNDER THE SUMMARY OF THE INVENTION SECTION WHICH SAYS WE'RE TRYING TO USE DATA COMPRESSION TO QUOTE "ENABLE BURST TERM FASTER THAN REAL TIME TRANSMISSION". NOTHING REMOTELY LIKE IT.

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SO THEY SAY, AHA, THE ONE PLACE YOU HAVE TO LOOK TO IS
VOLUME SEVEN WHERE THEY TALK ABOUT USING AN OPTICAL DISK DRIVE. JAMES YEOMANS - OFFICIAL REPORTER - [phone]

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6

LET'S GO THERE.

THIS IS COLUMN 7, LINES 55 TO 65.

THIS IS THE

EXACT PORTION MR. FOLSE POINTED TO YOU WHEN YOU SAID WHERE IS IT. WHEN YOU READ THIS IT DOES SAY THAT AN OPTICAL FIBEROPTIC LINE CAN CARRY IT VERY QUICKLY. IT SAYS NOTHING,

THOUGH, ABOUT WHETHER THERE'S A LINK OR RELATIONSHIP BETWEEN ANY FORM OF COMPRESSION DATA OR OTHERWISE AND SENDING IT FASTER THAN REAL TIME. AND, IN FACT, ALTHOUGH, IF YOU DO THE MATH THAT FIBEROPTIC LINE IS FASTER THAN REAL TIME, IT DOESN'T EVEN BOTHER TO MENTION THAT, OTHER THAN IN ONE LINE WHERE IT SAYS AT ACCELERATED RATE FROM THE FIRST VCR TO A SECOND VCR IN LESS TIME WOULD TAKE TO VIEW THE PROGRAM. THIS IS COPYING FROM ONE DISK TO ANOTHER DISK, ONE VCR DECK TO ANOTHER VCR DECK, IN LESS TIME THAN IT TAKES TO VIEW IT. IF YOU HAVE TO FIND IN COLUMN 7 ONE PARTICULAR EMBODIMENT,

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THE MAIN PURPOSE OF THE INVENTION, YOU ALREADY KNOW YOU'RE IN TROUBLE. BUT THE MORE IMPORTANT PART OF THIS PORTION OF COLUMN
7, WHICH YOU'LL RECALL WAS THE ONLY PART UPON WHICH THEY

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RELIED, IS THAT IT WAS -- HAS NO BEARING, NO RELATIONSHIP TO COMPRESSION. THAT FIBEROPTIC LINE, AS YOU RECALL FROM THE TUTORIAL, WILL TAKE THAT VIDEO PROGRAM FASTER THAN REAL TIME, WHETHER IT'S COMPRESSED OR UNCOMPRESSED.
SO THE VERY ARGUMENT THEY'RE
-

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JAMES YEOMANS - OFFICIAL REPORTER

[phone]

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MAKING TO YOU TODAY IS ABSOLUTELY NOWHERE REFLECTED IN THAT SPECIFICATION. I
--

THAT THERE'S SOMETHING ABOUT DATA COMPRESSION

WHICH ENABLES OR IS A NECESSARY PREREQUISITE TO COMMUNICATION OR TRANSMISSION FASTER THAN REAL TIME. THE SPECIFICATION.
SO WHEN WE START TALKING ABOUT WHAT CLAIM CONSTRUCTION

THAT DOESN'T EXIST IN

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SUPPORTED BY THE SPECIFICATION, IT'S IMPORTANT TO UNDERSTAND THERE'S NOT EITHER.
SO THIS ISN'T A SITUATION WHERE THEY HAVE

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AN EMBODIMENT WHICH SQUARELY REFLECTS THEIR CONSTRUCTION AND SAID, WELL, OUR EMBODIMENT, OUR CONSTRUCTION WILL COVER THAT EMBODIMENT, IT DOESN'T. UNDER THE EMBODIMENTS IN THIS PATENT YOU COULD HAVE COMPRESSED THAT GOES SLOWER THAN REAL TIME OR UNCOMPRESSED THAT GO FASTER THAN REAL TIME. AND THERE'S NO LINK BETWEEN THE TWO. YET THEIR CONSTRUCTION REQUIRES A LINK. THE PRIMARY ARGUMENT THEY MAKE ABOUT OUR CONSTRUCTION, AND I WANT TO CLEAR THIS UP RIGHT NOW IS THAT WE QUOTE "EXCLUDE THE PREFERRED EMBODIMENT". WE DON'T EXCLUDE THE PREFERRED

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EMBODIMENT, THE PREFERRED EMBODIMENT HAS DATA COMPRESSION, AS I SAID THE TUTORIAL, YOU HAVE IN CONJUNCTION WITH TIME COMPRESSION. OUR POINT TIME COMPRESSION REQUIREMENT OF THE CLAIMS IS NOT SATISFIED MERELY BY DATA COMPRESSION, AND IT'S NOT SATISFIED MERELY BY DATA COMPRESSION PLUS TRANSMISSION FASTER JAMES YEOMANS - OFFICIAL REPORTER - [phone]

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THAN REAL TIME.
THE COURT:

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5
6

WHEN IF YOU HAVE SIGNIFICANT DATA

COMPRESSION IN AND OF ITSELF, REGARDLESS OF HOW THE TRANSMISSION OCCURS BY WHAT MEANS, WILL THAT INEVITABLY MEAN THAT IT WILL BE FASTER THAN THE REAL TIME, IN WHICH THAT WILL TRANSMIT FASTER THAN THE REAL TIME?
MR. POWERS:
THE COURT:

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NO. PLAY IT BACK? CONCLUSIVE EVIDENCE FROM THAT OF THE

MR. POWERS:

SPECIFICATION IS COMPARISON OF THE 2,400 BAUD MODEM, WHICH IS ONE OF THE TRANSMISSION MEANS SHOWN IN THE SPECIFICATION. AND YOU COULD HAVE THE MAXIMUM PIE IN THE SKY COMPRESSION YOU WANT WHICH IS 200 TO ONE RATIO THEY SHOWED IN THE SPECIFICATION, WHICH IS NOT BEING ACHIEVED TODAY. YOU COULD HAVE 200 TO ONE COMPRESSION RATIOS THAT MAXIMUM PIE IN THE SKY COMPRESSION, IT'S STILL MUCH SLOWER THAN REAL TIME OVER THAT 2,400 BAUD MODEM WHICH WAS, IN FACT, BEING USED EXTENSIVELY BACK IN 1988. BY THE SAME TOKEN YOU COULD HAVE ZERO COMPRESSION IT WOULD BE MUCH FASTER THAN REAL TIME IF YOU SENT IT OVER THE FIBEROPTIC LINE, THAT'S WHY IN THE SPECIFICATION AND, IN FACT, THERE IS NO LINK BETWEEN THE TWO.
THE COURT:

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WELL, IS THE KEY TO WHY THIS WOULD MOVE

FASTER AFTER DATA COMPRESSION, IF IT'S NOT BECAUSE OF THE DATA COMPRESSION THE USE OF THE FIBEROPTIC LINE? JAMES YEOMANS - OFFICIAL REPORTER - [phone]

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MR. POWERS:

IT IS OUR VIEW THAT'S EXACTLY WHAT THE

2 3 4 5

SPECIFICATION TEACHES I.E. A LAW OF NATURE THAT AS TRANSMISSION RATES INCREASE IT WILL BE EASIER TO SEND THINGS FASTER THAN REAL TIME. AND THAT'S JUST TRUE.

AND ANOTHER FACT OF NATURE IS IF SOMETHING IS COMPRESSED IN SPACE, I.E. DATA COMPRESSED, IF YOU'RE SENDING IT OVER THE SAME METHOD IT WILL TAKE LESS TIME TO SEND IT OVER THAT SAME METHOD IF IT HAS FEWER BITS. BUT THAT'S FEWER BITS,

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7

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THAT'S MERELY A LAW OF NATURE THAT SAYS SENDING LESS TAKES LESS TIME THAN SENDING MORE ALL THINGS EQUAL. THE SPECIFICATION TEACHES ZERO CONNECTION BETWEEN THOSE TWO.
SO THEIR PROPOSED CONSTRUCTION WHICH HAS DATA LINK

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IS NOT DISCLOSED IN THAT SPEC.
THE COURT:

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IS THERE ANYTHING IN THE SPECIFICATION

THAT DISCLOSES TIME COMPRESSION?
MR. POWERS: THE COURT:

NO.

THERE'S NOT.

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IS THERE SUCH A THING AS TIME COMPRESSION? YES. A PART FROM, YOU KNOW, FASTER THAN THE

MR. POWERS:
THE COURT:

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SPEED OF LIGHT TRANSMISSION, THINGS LIKE THAT, WHATEVER IT MAY BE, FIBEROPTIC CABLE OR WHATEVER OTHER MEANS.
MR. POWERS:

TIME COMPRESSION HAS NOTHING TO DO, IN YOU CAN TIME

FACT, WITH THE WAY THAT YOU'RE SENDING IT.

COMPRESSION OVER SOMETHING THAT'S SLOW AND YOU CAN TIME COMPRESSION OVER SOMETHING THAT'S FAST, THE QUESTION IS, ARE JAMES YEOMANS - OFFICIAL REPORTER - [phone]

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YOU SQUEEZING IN TIME THE SAME DATA? AND, AS I SAID BEFORE, YOU COULD COMPRESS THE DATA, TOO, IF YOU WANT, THAT'S WHY WE'RE NOT EXCLUDING THE PREFERRED EMBODIMENT. THE PREFERRED EMBODIMENT WITH DATA COMPRESSION

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4
5

LESS STORAGE SPACE, ALL OF THOSE OBJECTS OF THE INVENTION THAT SAYS HERE WHY DATA COMPRESSION IS A GOOD THING. BUT THE SPEC DOES NOT LINK DATA COMPRESSION TO THIS FASTER THAN REAL TIME AND TIME COMPRESSION. AS YOU'LL RECALL

6 7
8

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WE GAVE YOU EXAMPLES FROM DIGITAL AND ANALOG, ANYTHING THAT INCREASES THE SIGNALING RATE OR IF IT'S ANALOG JUST INCREASING THE FREQUENCY, THOSE ARE TIME COMPRESSION AS WELL UNDERSTOOD IN THE ART. AND AS ADMITTED BY THEIR EXPERT AND OURS, THIS ISN'T A DEBATE BETWEEN THE EXPERTS THAT IS IN THIS SPACE HOW TIME COMPRESSION USED, THAT'S ONE OF THE POINT I WANT TO GET TO WHEN WE GET INTO THE PRESENTATION.
SO WHEN THEIR STARTING PLACE FOR ANY CLAIM

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CONSTRI ZTION ANALYSIS, WHEN THERE'S A TERM OF ART TH T'S IN THE PATENT IT'S HOW DO ONE SKILLED IN THE ART UNDERSTAND THAT TERM IN THIS FIELD. THAT'S A STARTING PLACE ANYWHERE, IT'S AN IMPORTANT ISSUE ANYWHERE. AND IT'S MORE IMPORTANT WHEN THAT TERM IS NOT

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PRESENT IN THE SPECIFICATION ANYWHERE AS IS HERE BECAUSE THE RIGHT TURN MR. HEIN TOOK IN 1990.
THE COURT:

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AS I READ IT, TIME-COMPRESSED, WHICH
-

JAMES YEOMANS - OFFICIAL REPORTER

[phone]

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REALLY SHOULD HAVE A HYPHEN, DRIVE EVERYBODY NUTS BY PEOPLE WHO REALLY BESIDES LEARNING THE TECHNOLOGY WHICH, OF COURSE, INVENTOR LAWYERS HAVE TO DO, WHICH THEY WOULD ALSO LEARN ENGLISH GRAMMAR, SHOULD BE TIME HYPHEN COMPRESSED -MR. POWERS:

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4
5

YOU'LL GET NO DEBATE FROM ME.
-- REPRESENTATION, BECAUSE AS I UNDERSTAND

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THE COURT:

IT, TIME

--

DO YOU AGREE TIME-COMPRESSED MODIFIES

REPRESENTATION?
MR. POWERS:

9

EXACTLY. WHAT DO YOU UNDERSTAND?

10

THE COURT:

11
12 13 14 15 16 17 CONTEXT?

WHAT DO YOU UNDERSTAND REPRESENTATION TO MEAN IN THIS

MR. POWERS:

THERE'S NOT A DEBATE BETWEEN THE PARTIES

REPRESENTATION, OTHER THAN THE SECOND HALF WHAT HEIM SAID, THE -- A REPRESENTATION IS ANOTHER VERSION, IT'S A WAY OF QUOTE ''REPRESENTING", IF YOU WILL, THAT ORIGINAL WORK AND -THE COURT:

SO IT'S A COPY OR SOMETHING AND THAT'S

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PROBABLY NOT A GOOD WORD TO USE, BUT SOMETHING LIKE THAT.
MR. POWERS:

ANOTHER FORM OF IT.

SO, FOR EXAMPLE, IF

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I

--

IF WE'RE PLAYING THAT SONG THAT'S 33 1/3 AND WE SPEED IT

UP TO 45, IT'S THE SAME SONG, YOU'RE HEARING IT DIFFERENTLY, IT'S JUST SPED UP, THE FREQUENCY INCREASED, THAT IS A TIME-COMPRESSED REPRESENTATION. IF YOU -- WHAT PLAYS -- WHERE WE DO PART COMPANY, MR. HEIM SAYS REPRESENTATION MEANS A DIFFERENT VERSION, WHICH JAMES YEOMANS - OFFICIAL REPORTER - [phone]

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MEANS FEWER BITS, NO, THAT -- NOTHING ABOUT IT THAT MEANS THAT. OUR WHOLE POINT IS THAT THE WORD TIME MUST BE GIVEN MEANING. IF THEY MEANT DATA COMPRESSED OR JUST COMPRESSED AS

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3

4 5
6

THEY STARTED OFF WITH, THEN WE WOULD BE IN A DIFFERENT PLACE. THEY'RE READING THIS CLAIM AS IF THE WORD TIME ISN'T THERE, AS IT WASN'T IN THE BEGINNING. IT'S JUST COMPRESSING

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8

AND TO A COMPRESSED REPRESENTATION, ET CETERA, ET CETERA, OKAY, THEN, OF COURSE, THEY WOULD BE RIGHT. THAT YOU LOOK AT THE SPECIFICATION THE NORMAL WORD OF COMPRESS JUST TO MAKE SMALL. THERE'S NO RESTRICTION THAT IT'S

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MAKING SMALLER IN TIME AS OPPOSED TO SPACE. YOU LOOK AT THE SPEC, THE SPEC TALKS ABOUT DATA COMPRESSION, YOU SAY, BINGO, WE'RE TALKING ABOUT DATA COMPRESSION, THEY WOULD BE RIGHT. THE PROBLEM IS THAT PESKY LITTLE WORD TIME WHICH WAS ADDED IN 1990 AND MR. HEIN'S RIGHT TURN WHEN THEY WERE TRYING TO GET PREVIOUSLY DATA COMPRESSED CLAIMS.
THE COURT:

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NOW, WITH RESPECT TO CLAIM ONE OF THE

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'995, SAYS "COMPRESSION MEANS" AND THERE'S THE COMAS AND A COUPLE OF SAID INPUT MEANS FOR COMPRESSING SAID AUDIO/VIDEO SOURCE INFORMATION, THAT MEANS DATA COMPRESSION, RIGHT?
MR. POWERS:

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NO. NO?

DOES NOT.

THE COURT:
MR. POWERS:

DOES NOT. INTO A WHAT?

THE COURT:

JAMES YEOMANS - OFFICIAL REPORTER - [phone]

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MR. POWERS:

IF THE WORD, IF THE PHRASE INTO A

TIME-COMPRESSED REPRESENTATION THEREOF WEREN'T THERE, I WOULD AGREE WITH YOU. THAT'S HOW IT WOULD LOGICALLY BE CONSTRUED.

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YOU CAN'T JUST CONSTRUE IT IN ABSTRACT. THE PHRASE ISN'T COMPRESSING SAID AUDIO/VIDEO SOURCE REPRESENTATION INFORMATION, IT IS COMPRESSING THAT INFORMATION INTO A TIME-COMPRESSED REPRESENTATION THEREOF.
SO THE QUESTION IS, WHAT DOES THAT WHOLE PHRASE MEAN?

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BECAUSE YOU CAN'T CONSTRUE IT WITHOUT SAYING WHAT TYPE OF COMPRESSION IT IS, AND IT TELLS YOU WHAT TYPE OF COMPRESSION IT IS RIGHT AFTERWARDS, INTO A TIME-COMPRESSED REPRESENTATION. NOW, AS WE SAY, THAT DOESN'T MEAN YOU CAN'T ALSO BE DOING DATA COMPRESSION.
THE COURT:

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YOU DON'T THINK THAT YOU COULD SAY THAT

THAT'S DATA COMPRESSION THAT IS THEN BEING COMPRESSED INTO A TIME-COMPRESSED REPRESENTATION?
MR. POWERS:

THERE IS NO DOUBT YOU COULD HAVE DATA

COMPRESSION AND THEN TIME-COMPRESS THAT DATA COMPRESSED REPRESENTATION, THERE'S NO DOUBT ABOUT THAT. AND, IN FACT, THAT'S WHAT HAPPENED IN EUROPE. PRECISELY HOW THESE CLAIMS HAVE EVOLVED IN EUROPE. HAVE TWO THINGS. THAT'S

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YOU HAD TO

YOU COULD HAVE DATA COMPRESSION AND THEN IT BECAUSE YOU CAN, OF

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HAD TO BE TIME COMPRESSED AFTER THAT.

COURSE, TIME COMPRESS A DATA COMPRESSED REPRESENTATION. THERE'S NO REASON WHY YOU CAN'T, YOUR JUST TAKING THAT JAMES YEOMANS - OFFICIAL REPORTER - [phone]

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SAME AMOUNT OF COMPRESSED DATA AND SQUEEZING IT IN TIME.

AND

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6

THAT'S IT, IS THAT WORD TIME THAT THEY'RE TRYING TO READ IT OUT, THAT'S THE PROBLEM WITH THIS CASE. IT'S THAT WORD TIME THAT WAS ADDED IN 1990 TO ALL THE CLAIMS TO TRY TO GET OVER ALL THIS PRIOR ART AND THAT'S EXACTLY WHY WE'RE HERE. AND, I THINK, THE MOST ILLUMINATING ANSWER IN YOUR COLLOQUY WITH MR. HEIM, WHEN YOU SAID, WELL, WHERE IS THE PLACE IN THE PATENT, IN THE SPECIFICATION WHERE YOU WERE, THE INVENTOR LAYS OUT THIS IS MY INVENTION? I'M GOING TO HAVE SOME RELATIONSHIP BETWEEN DATA COMPRESSION, WHICH IS THEIR POSITION, AND SENDING IT FASTER THAN REAL TIME, THAT EXPLAINS TO ME THEIR VERSION OF TIME COMPRESSION IS REALLY WHAT HE MEANT, THAT'S WHAT HE INVENTED. AND THE ANSWER WAS QUOTE "IT'S NOT IN A SINGLE PLACE YOU HAVE TO PIECE IT TOGETHER". THAT'S A CLASSIC PATENT

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LAWYER'S PATENT, NOT A CLASSIC INVENTOR PATENT. IF YOU DON'T, IF YOU HAVE TO PIECE IT TOGETHER AND, IN FACT, IT'S NOT ACTUALLY THERE, THERE IS NO PLACE IN THAT SPECIFICATION AND THEY ARE UNABLE TO SHOW YOU ONE, AND THERE ISN'T ONE WHERE THERE'S A LINK, WHICH IS WHAT THEY ADMIT HAS TO BE THERE BETWEEN THE DATA COMPRESSION UNDER THEIR CONSTRUCTION AND THE FACT YOU ARE NOW QUOTE "ENABLED" TO SEND IT FASTER THAN REAL TIME. AND THE REASON THERE'S NO LINK IS BECAUSE THAT'S JAMES YEOMANS - OFFICIAL REPORTER - [phone]

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ENTIRELY DEPENDENT ON THE SPEED OF THE TRANSMISSION MEDIUM. YOU CAN COMPRESS ALL YOU WANT, BUT IF YOU'RE SENDING IT ANOTHER -- THAT BAUD MODEM WHICH 11 OF THE PORTS ON HIS DEVISE IT'S GOING TO GO SLOWER THAN REAL TIME. AND YOU CAN COMPRESS NOT AT ALL AND IT WILL GO WAY FASTER THAN REAL TIME IF YOUR USING A FIBEROPTIC PORT. AND IF

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6

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YOU'RE USING ONES IN BETWEEN IT WILL EITHER GO FASTER OR NOT DEPENDING ON THAT TRANSMISSION MEDIUM. THAT'S WHY WE'RE GOING THROUGH AT LENGTH THAT MATRIX IN THE TUTORIAL ABOUT WHAT COMPRESSED UNCOMPRESSED FILES WOULD GO, HOW THEY WOULD GO FASTER OR NOT DEPENDING UPON THE TRANSMISSION MEDIA.
SO THAT LINK WHICH THEY'RE ARGUING FOR DOESN'T EXIST

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IN THE SPECIFICATION, AND THEY NEED THAT LINK BECAUSE THERE HAS TO BE SOME MEANING TO THIS. THEY ADMITTED SQUARELY THE FILE HISTORY AND HERE THAT THEY DIDN'T INVENT DATA COMPRESSION, AND THEY DIDN'T INVENT SENDING SOMETHING FASTER THAN REAL TIME. THAT FIBEROPTIC PORT

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EXISTED, SO YOU COULD SEND IT FASTER THAN REAL TIME. YOU CAN COMPRESS IT, HAS TO BE SOMETHING THEY DID WHICH WE CAN DEFINE IN CLAIM CONSTRUCTION, SO THE WORLD KNOWS WHAT'S INSIDE AND OUTSIDE OF THESE CLAIMS. AND THAT'S WHERE THEIR CONSTRUCTION FAILS. THEY GIVE

YOU NO FIRM STAKE IN THE GROUND TO SAY, I UNDERSTAND WHAT'S INSIDE AND OUTSIDE OF THESE CLAIMS, ALL THEY SAID IS, WELL, IF JAMES YEOMANS - OFFICIAL REPORTER - [phone]

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YOU HAVE DATA COMPRESSION WHICH ENABLES FASTER THAN REAL TIME YOU INFRINGE. YOU DON'T PROVE THAT BY SHOWING YOU HAVE DATA COMPRESSION AND FASTER THAN REAL TIME. THOSE WERE IN THE ART. THAT WORD ENABLES WHAT DOES THAT MEAN? THAT'S WHERE THEY ADMITTED BOTH OF

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THEIR CONSTRUCTION FALLS APART, BOTH BECAUSE IT'S NOT SUPPORTED IN THE SPECIFICATION AND BECAUSE IT'S NOT SUPPORTED BY THE TECHNOLOGY. WHY DON'T WE GO -- LET'S START WITH A LITTLE BIT OF HISTORY. WE'VE DONE MUCH OF THIS. OUR ESSENTIAL POINT, THIS GOES EXACTLY TO YOUR HONOR'S QUESTION, IS THAT THERE WAS AN ORIGINAL MATCH BETWEEN THE SPECIFICATION AND THE CLAIMS. THE ORIGINAL SPECIFICATION

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14

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TALKED ABOUT DATA COMPRESSION, THE CLAIMS TALKED ABOUT DATA COMPRESSION AND SENDING FASTER THAN REAL TIME. THOSE MATCHED.

THE CURRENT CLAIMS DON'T MATCH THE SPECIFICATIONS, THAT'S BECAUSE OF MR. HEIN'S RIGHT TURN IN 1990. THE CLAIMS AS

FILED, WELL, THE FIRST CLAIM NO COMPRESSION AT ALL, BUT FASTER THAN REAL TIME. THAT'S AN EXPRESSION, UNDERSTANDING THAT SAYS YOU JUST PLUG IT UP TO THAT OPTICAL PORT YOU CAN SEND IT FASTER, WHETHER YOU'RE COMPRESSING OR NOT, CLAIM 4 SAYS, WELL, YOU HAVE TO COMPRESS IT, TOO.
SO THEY UNDERSTOOD, AT LEAST, AS ORIGINALLY FILED,

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JAMES YEOMANS - OFFICIAL REPORTER - [phone]

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THERE WASN'T A LINK BETWEEN THOSE TWO BECAUSE CLAIM 1 SAID THERE'S NO LINK, YOU DON'T HAVE TO COMPRESS. THEN THEY FILED THE CIP CLAIMS AND, AGAIN, NO LINK, CLAIM 9 IS FILED YOU COMPRESS IT, BUT DOESN'T HAVE TO GO FASTER THAN REAL TIME. THAT WOULD ACHIEVE, IF THEY WERE ABLE TO GET

2

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5

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THIS CLAIM, ALL THOSE ADVANTAGES OF EFFICIENT STORAGE THAT THEY TALKED ABOUT, REDUCING THE AMOUNT OF MEMORY YOU HAVE TO USE, THEY SAID, BY THE WAY, YOU COULD ALL SEND IT FASTER THAN REAL TIME, AGAIN, NO LINK. NOW, THOSE CLAIMS WERE REJECTED, SHOWS DATA TRANSMISSION IN A DATA TRANSMISSION CONTEXT, PTO CITED THE WORKMAN REFERENCE FABRIS, F-A-B-R-I-S. WHAT HAPPENS?

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WELL, HERE'S WHAT -- WHERE THE RIGHT TURN HAPPENS. THEY HIRE MR. HEIN, HE SUBMITS THOSE TWO REFERENCES, BOTH FABRIS AND WORKMAN. IN BOTH APPLICATIONS, REMEMBER THAT WAS BEING CITED ONLY IN THE CIP, HE CANCELS BOTH APPLICATIONS, ALL THE CLAIMS, REFILES ALL NEW CLAIMS ALL WITH TIME-COMPRESSED IN IT NOW. THAT IS THE RIGHT TURN. MARCH OF '90, THIS IS IN THE '995 AND HERE'S WHERE THEY EXPLAIN WHAT THEY'RE DOING. THEY SAY WORKMAN TEACHES AN

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APPARATUS FOR TRANSMITTING A DIGITAL IMAGE OR LIMITED BANDWIDTH CHANNEL, COMMUNICATIONS CHANNEL IN WHICH A BLOCK TRANSFORMATION TECHNIQUE INVOLVING TRANSFORM COEFFICIENTS IS EMPLOYED, THAT'S

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DATA COMPRESSION. JAMES YEOMANS - OFFICIAL REPORTER - [phone]

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THERE SAYS, OKAY, THERE'S DATA COMPRESSION IN WORKMAN, AND NOW THE QUESTION IS, WHAT DO WE DO WITH THAT? THEN, OF COURSE, THE CLAIMS ARE ALL CHANGED, NOW WE'RE TALKING ABOUT TIME COMPRESSION, WE'LL DO MUCH MORE IN THE FILE HISTORY LATER. A LITTLE BIT OF LEGAL PRINCIPLES. I THINK, WE DON'T

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REALLY DISAGREE WITH ABOUT 98 PERCENT ABOUT THE LEGAL CONCEPTS THAT MR. FOLSE PUT UP. THE SINGLE BEST GUIDE. OF COURSE, THE SPECIFICATION IS USUALLY WHY?

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BECAUSE THERE'S USUALLY A MATCH BETWEEN THE SPECIFICATION AND THE INVENTION. THE CONTEXT OF THE CLAIM, THE

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CLAIM LANGUAGE IS CRITICAL, AND MR. HEIM ARGUES WE IGNORE THE CLAIM LANGUAGE. ACTUALLY, NO, THAT'S WHERE WE START BECAUSE

THAT WORD TIME IS IN THE CLAIMS. AND BECAUSE OF THE PRESENCE OF THAT WORD TIME THAT WAS ADDED, YOU HAVE TO GIVE THAT WORD MEANING. AND THAT IS THE

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STARTING POINT, IF YOU WILL, OF OUR ANALYSIS AND THE WORD TIME-COMPRESSED REPRESENTATION. AND THEN WE HAVE TO UNDERSTAND WHAT THAT MEANS. THE ONE PLACE WHERE WE DO DISAGREE, I DON'T THINK WE NEED TO SPEND MUCH TIME, THEY TAKE US TO TASK BECAUSE THEY CLAIM THAT THERE'S THIS HIERARCHY THAT PHILLIPS ESTABLISHES THAT YOU MUST FOLLOW OR YOU'RE DOING THE LAW WRONG. THAT'S NOT WHAT PHILLIPS SAYS. IF YOU READ PHILLIPS

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ITSELF SAYS THIS COURT IN VITRONICS, THIS COURT SET FORTH JAMES YEOMANS - OFFICIAL REPORTER - [phone]

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GUIDELINES THAT HOW YOU REACH THE CURRENT CLAIM CONSTRUCTION AND DON'T HAVE PROPER LIMITATION YOU WANT TO HAVE, INCREASE THE LIKELIHOOD COURT COULD COMPREHEND HOW A PERSON OF ORDINARY SKILL IN THE ART WILL UNDERSTAND THE CLAIM TERMS IN THAT PROCESS. WE RECOGNIZE THERE IS NO MAGIC FORMULA OR CATACLYSMS FOR CONDUCTING CLAIM CONSTRUCTION, SO THERE ISN'T A HIERARCHY. WHAT PHILLIPS TEACHES, IF ANYTHING, PHILLIPS DIDN'T CLARIFY A WHOLE LOT IN THE LAW, IT CLARIFIED A COUPLE OF THINGS, ONE OF WHICH IS ALL THE DISTRICT COURTS WHO ARE WORRIED ABOUT WHETHER THEY HAD TO LOOK AT THIS FIRST OR THAT FIRST, ALL THAT'S GONE. JUST LOOK AT IT ALL AND REACH THE CLAIM CONSTRUCTION EFFECTIVELY WHAT THEY SAID, THEN DON'T HAVE THE EXCESSIVE RELIANCE ON DICTIONARIES THAT TEXAS DIGITAL HAD GIVEN US.
THE COURT:

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6

7
8

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IT'S REACHING THE RIGHT CLAIM

CONSTRUCTION.
MR. POWERS:

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PRECISELY, YOU COULD LOOK AT ALL THE

SOURCES.
THE COURT:

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THAT IS THE KEY AND, OF COURSE, WE KNOW

THAT IF WE DON'T IT'S REVIEWED IN DE NOVO AND THEY'LL GET THE RIGHT CLAIM.
MR. POWERS:

21

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THEY'LL EXPLAIN WHY WE'RE WRONG.

NOW,

THE ONE PLACE WHERE WE HAVE A DISAGREEMENT IS ON THE EFFECT OF THE SPECIFICATION IN THIS CASE. AND, I THINK, PROBABLY WAS USED IN THEIR SLIDES 15 OR JAMES YEOMANS - OFFICIAL REPORTER - [phone]

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20 TIMES AND CERTAINLY MANY, MANY TIMES IN THE BRIEFS, THAT WE ARE EXCLUDING THE PREFERRED EMBODIMENT AND, AGAIN, THERE'S JUST TWO POINTS ON THAT. FIRST, WE'RE NOT EXCLUDING IT, THE PREFERRED EMBODIMENT. SAYS NOTHING ABOUT TIME COMPRESSION. HERE'S HOW

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YOU DATA COMPRESS AND HOW YOU SEND IT FASTER THAN REAL TIME. YOU CAN DO BOTH OF THOSE UNDER OUR CONSTRUCTION. OUR POINT IS ONLY THAT TIME COMPRESSION IS A CONCEPT WELL-KNOWN IN THE ART, WHICH NEEDS TO BE ADDED TO THAT, BECAUSE TIME COMPRESSION IS NOT DISCUSSED IN THE SPECIFICATION, JUST AS THEIR CONSTRUCTION IS NOT SUPPORTED BY THE SPECIFICATION. AND THEIR ARGUMENT THAT YOU CAN'T HAVE A CLAIM CONSTRUCTION THAT DOESN'T MATCH THE DISCLOSURE IN SPEC, THAT ARGUMENT FAILS HERE BECAUSE OF THE RIGHT TURN THAT MR. HEIN TOOK. WHERE WE ARE IS THAT YOU HAVE A TERM ADDED OUT OF THE BLUE NOT SHOWN IN THE SPECIFICATION, A TERM THAT HAS MEANING TO THOSE IN THE ART AS ACKNOWLEDGED BY BOTH EXPERTS HERE AND THERE YOU HAVE TO GIVE MEANING TO IT, EVEN IF THAT'S NOT IN THE SPECIFICATION. AND CASE AFTER CASE AFTER CASE DOES EXACTLY THAT. SCHOENHAUS CASE IS A CASE WE BRIEFED AND DISCUSSED, I DON'T PURPORT TO GO THROUGH IT BECAUSE OF TIME AND DETAIL, BUT THE KEY LANGUAGE IS WHERE THE SPECIFICATION INCLUDES A DESCRIPTION LACKING A FEATURE, AS HERE. JAMES YEOMANS - OFFICIAL REPORTER - [phone] THE

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DOESN T TALK ABOUT TIME COMPRESSION WE ALL AGREE ON THAT, IT TALKS ABOUT DATA COMPRESSION, TWO FORMS OF DATA COMPRESSION, BUT NO TIME COMPRESSION, WE BOTH AGREE ON THAT POINT, SO IT'S SPOT ON HERE. BUT THE CLAIM RECITES THAT FEATURE AS IT DOES HERE TIME COMPRESSION. THE LANGUAGE OF THE CLAIM CONTROLS AND IN

THIS CASE EXCLUDES THE PREFERRED EMBODIMENT, THAT PREFERRED EMBODIMENT IS DEEMED DEDICATED TO THE PUBLIC AS IT WAS HERE THEY TRIED THE ORIGINAL CLAIM, JUST DATA COMPRESSION, THEY FAILED. WHAT THEY'RE TRYING TO DO NOW IS THROUGH CLAIM CONSTRUCTION RECAPTURE THE CLAIMS THEY HAD TO GIVE UP IN THE PROSECUTION. THAT'S PRECISELY WHAT IS OCCURRING IN THIS PROCEEDING. AND SCHOENHAUS THE ISSUE IS EXACTLY THAT, THE ISSUE IS RIGID. RIGID A PARTICULAR MEANING, JUST AS TIME COMPRESSION COURT SAID,

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DOES, THE SPECIFICATION WAS INCONSISTENT WITH IT.

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I'M SORRY, IT DOESN'T MATTER THAT EMBODIMENT, THAT PREFERRED EMBODIMENT IS EXCLUDED. THE PLASTIPAK CASE IS ANOTHER EXAMPLE OF THE FEDERAL CIRCUIT DOING EXACTLY WHAT WE SAY SHOULD BE DONE HERE, THERE THE APPLICANT DISTINGUISH A PATENT, A PRIOR ART REFERENCE ON THE GROUND THAT REFERENCE WAS SLIGHTLY CONCAVE. AND THERE'S NO DEBATE IN THIS PATENT, THE PLASTIC PACK PATENT, THE SPECS SHOWED SLIGHTLY CONCAVE EMBODIMENT. JAMES YEOMANS
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THE

OFFICIAL REPORTER - [phone]

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DEBATE ON CLAIM CONSTRUCTION THE PATENT OWNER ARGUED, JUST AS BURST DOES HERE, SAYS, WAIT A MINUTE, YOUR CONSTRUCTION WOULD EXCLUDE THESE EMBODIMENTS. THE COURT SAYS, SORRY, THAT'S WHAT YOU HAVE, NOT FILE HISTORY, YOUR DONE, DESPITE WHAT THE SPECIFICATION SAYS BECAUSE THE SPECIFICATION HAD ONE CONCEPT WHAT THE INVENTION WAS AS IT DID HERE WHICH THEY LOST OVER TIME AND CHANGED. AND THAT'S WHY THERE'S OFTEN NOT A MISMATCH BETWEEN, NOT A MATCH, IF YOU WILL, BETWEEN THE SPECIFICATION AND THE CLAIMS BECAUSE IT HAS TO BE NARROWED OR THERE'S A RIGHT TURN. THE ELEKTA CASE, THE FINAL CASE, THE SPECIFICATION SHOWED PREFERRED EMBODIMENT RIGHT IN THE MIDDLE OF A RANGE THAT THE CLAIM EXCLUDED, THE CLAIM EXCLUDED IT BECAUSE OF FILE HISTORY THEY HAD TO NARROW THE CLAIMS. PATENTEE ARGUED THERE, AS HERE, SORRY, THAT CLAIM CONSTRUCTION WRONG, IT WOULD EXCLUDE OUR PREFERRED EMBODIMENT. THE COURT SAID, SORRY, THE CLAIM LANGUAGE MEANS WHAT IT MEANS.
SO HERE'S THE DEBATE BETWEEN US.

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I DON'T WANT TO GO,

ACTUALLY, INTO THE SPECIFICATION IN THE FILE HISTORY WITH THAT LEGAL FRAMEWORK IN MIND. THE REDUCED NUMBER OF BITS THAT'S JUST A WAY OF SAYING IN THE DIGITAL WORLD YOU'RE HAVING DATA COMPRESSION, BUT THE KEY WORD IS ALLOWS BECAUSE THEY ADMITTED THEY HAVE TO, OF COURSE, THAT THE CLAIM CONSTRUCTION CAN'T JUST BE THAT, YOU HAVE DATA COMPRESSION AND FASTER THAN REAL TIME. BECAUSE THAT

JAMES YEOMANS - OFFICIAL REPORTER - [phone]

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WAS IN THE PRIOR ART. THEY ADMITTED THAT, SO THIS KEY WORD WHAT DOES ALLOWS MEAN. AND THE CHALLENGE FOR YOU, I THINK, THIS PROCEEDING IS

GOING TO BE FIGURING OUT PRECISELY WHAT THE WORD ALLOWS INCLUDES AND EXCLUDES. IT CERTAINLY ISN'T EVEN 200 TO ONE DATA COMPRESSION, THAT DOESN'T ALLOW IF YOU HAVE TO USE A 2,400 BAUD MODEM, YET UNDER THEIR CONSTRUCTION REDUCING ONE BIT OF -- OUT OF A 17 BILLION BIT FILE, YOU TAKE AWAY ONE BIT UNDER THEIR CONSTRUCTION THAT'S ENOUGH FOR THIS IF YOU'RE SENDING IT SUFFICIENTLY FAST TO SEND IT FASTER THAN REAL TIME. I WOULD SUGGEST THAT EITHER OF THOSE IS AN ABSURD RESULT.
SO THAT'S THE DEBATE, OUR CONSTRUCTION IS COMPRESSION

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IN TIME, GIVING MEANING TO THE WORD TIME, AND THERE'S TWO WAYS TO DO THAT, ANALOG INCREASING THE FREQUENCY IN YOUR -- IN THE DIGITAL WORLD YOUR INCREASING THE SIGNALING RATE, NO DEBATE FROM THE EXPERTS THAT'S HOW YOU COMPRESS IN TIME IF, IN FACT, THAT'S WHAT YOU CONCLUDED IT MEANT. HERE'S THE FIVE ISSUES WE BELIEVE YOUR HONOR HAS TO ADDRESS IN ORDER TO RESOLVE THIS DEBATE BETWEEN THE PARTIES. FIRST, WHETHER IT HAS AN ORDINARY MEANING. THEY CHOSE IN THIS RIGHT TURN IN 1990 TO ADD A TERM OF ART, IF THAT TERM OF ART HAS MEANING TO THE EXPERTS THEY'RE STUCK WITH IT, EVEN IF THEY DON'T LIKE IT, NOW THEY'RE STUCK WITH IT, THAT THE WAY THE RULES WORK. JAMES YEOMANS - OFFICIAL REPORTER - [phone]

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SECOND, WHICH CONSTRUCTION MORE CONSISTENT WITH THE CLAIM LANGUAGE. AGAIN, THE CLAIM LANGUAGE IS AN IMPORTANT PART

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OF DECIDING WHICH CONSTRUCTION IS RIGHT. THIRD, WHETHER THE SPECIFICATION REQUIRES VARIATION FROM THAT ORDINARY MEANING. FOURTH, WHAT'S THE EFFECT OF THE TIME HISTORY. AND, FIFTH, THE ISSUE I WAS ALLUDING TO JUST EARLIER, WHETHER THEIR CONSTRUCTION IS INDEFINITE, BECAUSE YOU NEVER KNOW WHETHER A CERTAIN AMOUNT OF COMPRESSION IS ALLOWING OR ENABLING COMMUNICATION FASTER THAN REAL TIME. LET'S TALK ABOUT ORDINARY MEANING, NO DEBATE ABOUT THE LAW, PRE-PHILLIPS POST-PHILLIPS. IN PHILLIPS ORDINARY MEANING THERE'S NO DEBATE ABOUT

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TO ONE SKILLED IN THE ART IS CRITICAL. THAT AT ALL. AFFORDS THAT.

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LET'S GO TO -- AND THERE'S A PRESUMPTION THAT

NOW, HERE WE HAVE A FAIRLY UNUSUAL SITUATION. NORMALLY YOU HAVE, AS YOUR HONOR KNOWS BETTER THAN WE DO, COMPETING EXPERTS BATTLING BACK AND FORTH WHAT THE ORDINARY MEANING WAS IN THE RELEVANT PERIOD, IN THE RELEVANT FIELD AT THE TIME. HERE WE HAVE SURPRISING AGREEMENT BETWEEN THE TWO SIDES' EXPERTS. MR. HALPERN SAYS SQUARELY THAT'S WHAT IT

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MEANS, INCREASE FREQUENCY OF THE SIGNAL DECREASING DURATION SQUEEZING IT IN TIME, IF YOU WILL, EXACTLY WHAT WE SHOWED YOU IN THE TUTORIAL. JAMES YEOMANS - OFFICIAL REPORTER - [phone]

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DR. HEMAMI HAS IDENTIFIED FIVE MEANINGS THAT SHE COULD FIGURE OUT AND SHE DID AN EXHAUSTIVE SEARCH. SHE TESTIFIED AT

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HER DEPOSITION SHE FOUND EVERY SINGLE ONE THAT SHE COULD THINK OF THAT MIGHT POSSIBLY MEAN AT THE RIGHT TIME PERIOD IN 1981 ONE THROUGH FIVE. NOW, HERE'S WHAT SHE SAYS. I WANT TO MAKE SURE I CAST

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A BROAD NET ANY POSSIBLE MEANING OF THE TERM TIME COMPRESSION IN ANY FIELD IS IN HER LIST OF FIVE. OKAY. LOOK AT ONE AND FOUR. ONE AND FOUR ANALOG,

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REDUCING THE DURATION OF THE SIGNAL RELATIVE TO OUR ORIGINAL DURAYS (PHONETIC) THAT'S RIGHT DOWN MAIN STREET, THAT'S OUR CONSTRUCTION IN THE CONTEXT OF ANALOG. NUMBER FOUR, IS OUR CONSTRUCTION IN THE CONTEXT OF DIGITAL. INCREASING THE DIGITAL SIGNALING RATE.
SO THOSE ARE

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TWO MEANINGS WHICH ARE EXACTLY OURS.

IT'S THE SAME MEANING,

JUST WHETHER YOU TALK ABOUT DIGITAL OR ANALOG AND SHE ADMITS THAT'S RIGHT IN THE RIGHT FIELD, IN THE FIELD OF COMMUNICATION OF AUDIO OR VIDEO INFORMATION. NOW, IF YOU CAN DESCRIBE THE FIELD OF THIS PATENT, THE COMMUNICATION OF AUDIO/VIDEO INFORMATION IS PERFECT, IT FITS BETTER THAN OJ'S GLOVE.
SO WHAT'S THE ARGUMENT?

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WELL, THE ARGUMENT WAS THERE'S ALL THESE OTHER MEANINGS, YOU JUST SAW MR. HEIM'S SLIDE SAYING THERE'S LOTS OF MEANINGS, RIGHT, THOSE ARE MEANINGS THAT AREN'T IN THESE FIELDS. AND TWO AND THREE FROM DR. HEMAMI'S LIST OF FIVE THOSE

JAMES YEOMANS - OFFICIAL REPORTER - [phone]

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AREN'T THE AREA OF BURST PATENT, THEY'RE IN DIFFERENT AREA OF TECHNOLOGY, YEAH, THAT'S RIGHT. NUMBER FIVE SHAPING RADAR PULSES, SHE HAD TO CAST A PRETTY BROAD NET TO FIND THAT ONE. ADMITTED PRETTY EASILY

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THAT'S IN THE FIELD OF BURST PATENT'S SOURCE, THE ONLY MEANINGS THAT EITHER SIDE EXPERTS COULD IDENTIFY AT THE RIGHT TIME PERIOD OF THIS TERM IT'S A TERM OF ART IN THE RIGHT FIELD, IS APPLE'S CONSTRUCTION SQUARELY. NO DEBATE ABOUT THAT. THAT'S

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OUR CONSTRUCTION. SO WHAT IS THEIR RESPONSE? THEIR RESPONSE IS, WELL, THAT MEANING OF TIME COMPRESSION IS JUST CALLED, THEY'RE TRYING TO LABEL AT THE TIME COMPRESSION MULTIPLEXING DEFINITION, AND HERE WE'VE GOTTEN A LITTLE BIT OFF THE FIELD BECAUSE TIME COMPRESSION MULTIPLEXING A COMBINATION OF TWO CONCEPTS, ONE IS TIME COMPRESSION AND ONE IS MULTIPLEXING. TIME COMPRESS WITHOUT MULTIPLEXING, WHEN I PLAY MY 33 1/3 RECORD AT 45 I'M NOT MULTIPLEXING AT ALL, I AM TIME COMPRESSING, AS WE ALL AGREE. TIME COMPRESSION MULTIPLEXING

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JUST HAPPENS TO BE ONE APPLICATION OF TIME COMPRESSION.
SO WHEN BURST TRIES TO SAY THAT OUR DEFINITION IS A

TIME-COMPRESS MULTIPLEXING OR TCM DEFINITION, THAT REALLY IS A RED HERRING. HAPPENS TO BE USED IN TCM, BUT IT'S NOT LIMITED

TO TCM AS THE EXPERTS HAVE ALL AGREED. IT'S THE RELEVANT FIELD IN THE COMMUNICATION OF AUDIO AND VIDEO. AND WE'VE SHOWN YOU MANY, MANY USES IN THE ART AT

JAMES YEOMANS - OFFICIAL REPORTER - [phone]

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THE RIGHT TIME WHERE THE CONCEPT SQUEEZING DATA, EITHER ANALOG OR DIGITAL IN TIME, IS EXACTLY WHAT'S USED IN THE TERM TIME COMPRESSION, AND EVEN MORE INTERESTINGLY IT'S USED IN CONJUNCTION WITH THE CONCEPT OF BURSTING DATA. THE OTHER CONCEPT IN THIS CLAIM. THE PRIOR ART IN THE

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PATENT FILE HISTORY COMPRESSED IN TIME, THAT'S EXACTLY OUR DEFINITION. AND WHEN YOU LOOK AT ALL OF THE USES OF THE TERM

TIME COMPRESSED IN THE FILE HISTORY, IN ALL OF THE OTHER USES IN THE ART IT'S ALL CONSISTENT WITH APPLE'S USE. THERE IS NOT A SINGLE REFERENCE, NOT A SINGLE INSTANCE IN THE PRIOR ART IN THE FIELD GENERALLY IN WHICH BURST CAN SHOW TO TIME COMPRESSION BEING USED TO DESCRIBE SIMPLE DATA COMPRESSION, YET THAT IS THEIR ARGUMENT. HERE'S THEIR FOUR RESPONSES TO THAT ORDINARY MEANING. WELL, FIRST, IT'S NOT APPLICABLE TO BURST'S INVENTION BECAUSE OF THIS TIME COMPRESSION MULTIPLEXING IDEA. WELL, IN FACT, THAT'S NOT TRUE, DR. HEMAMI'S REPORT SAYS INCREASING THE DIGITAL SIGNAL RATE TO REDUCE TRANSMISSION TIME, THAT IS THE ORDINARY MEANING ACCORDING TO DR. HEMAMI IN THAT FIELD. NOW, IF THERE'S A BETTER DESCRIPTION OF WHAT EVEN THEY THINK THEIR PATENT IS I COULDN'T HAVE WRITTEN IT. SQUARE ON THEIR DESCRIPTION OF THIS PATENT. THEIR ARGUMENT IS, WELL, THESE TCM SYSTEMS TRY TO MOVE MORE DATA, NOT FASTER DATA, THEREFORE, THEY'RE TRYING TO DO JAMES YEOMANS - OFFICIAL REPORTER - [phone] THAT'S

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SOMETHING DIFFERENT. SOMETIMES THAT'S RIGHT, BUT IT'S IRRELEVANT. THE POINT WE'RE NOT TALKING ABOUT TIME COMPRESSION MULTIPLEXING, THAT'S JUST ONE APPLICATION OF TIME COMPRESSION IN A MULTIPLEX ENVIRONMENT. THE WORD TIME COMPRESSION AS YOU SEE FROM THE USES IN THE ART, WHEN YOU LOOK AT THE HASKEL PATENT, YOU LOOK AT THE ARNON PATENT, IT'S NOT USED EXCLUSIVELY IN THE TIME COMPRESSION MULTIPLEXING ENVIRONMENT, BUT IN ADDITION THEY'RE WRONG. TIME COMPRESSION MULTIPLEXING IS, IN FACT, USED TO SEND DATA FASTER. AND THIS GOES TO THE ROADBLOCK ARGUMENT THAT IF YOU RECALL THE SPEEDS

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WE WERE SETTING UP IN THE TUTORIAL.

OF THE INDIVIDUAL RAM CHIPS WERE SLOWER THAN THE SPEEDS OF THAT OPTICAL FIBER AND, THEREFORE, YOU'RE NOT USING THAT WIDE OPTICAL FIBER, THE WAY YOU USE IT FASTER IS TIME COMPRESSION MULTIPLEXING. AND, IN FACT MR. LANG DID. THAT'S EXACTLY WHAT THIS INVENTOR

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WHAT HE DID WHEN HE TRIED TO BUILD AN ACTUAL

PROTOTYPE WAS, HE FOUND OUT YOU COULDN'T. HE HAD EXACTLY THE ROADBLOCK PROBLEM WE WERE DESCRIBING, WHICH IS HERE, EVEN THOUGH HE HAD THAT OPTICAL FIBER THAT WENT VERY FAST, HE CAN'T FILL IT JUST WITH THOSE RAM CHIPS.
SO WHAT DID HE DO?

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HE FOUND, ACTUALLY, HAD SOMEONE DO

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IT FOR HIM.

HE FOUND A CHIP CALLED A HOT ROD CHIP AND THE HOT

ROD CHIP LET HIM TAKE 40 OF THOSE DRAM CHIPS, AT LEAST, PUT JAMES YEOMANS - OFFICIAL REPORTER - [phone]

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THEM TOGETHER AND THAT'S HOW HE DID HIS PROTOTYPE. HERE'S A PRESS RELEASE ABOUT THE PROTOTYPE, MR. HEIN'S PROTOTYPE, HE DEMONSTRATED THIS CES SHOWS IN 1991. HE USED

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THAT HOT ROD CHIP, WHAT DID IT DO, DID EXACTLY WHAT TIME COMPRESSION MULTIPLEXING IS.
SO FOR BURST NOW TO SAY TIME COMPRESSION MULTIPLEXING

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IS IRRELEVANT IS ODD AT BEST IN LIGHT OF THE FACT THAT'S EXACTLY WHAT MR. LANG HAD TO USE TO MAKE IT WORK IN HIS FIRST PROTOTYPE. THE SECOND ARGUMENT THEY MAKE IT'S IMPOSSIBLE TO STORE DIGITAL TIME-COMPRESSED REPRESENTATION. AND THEY'RE ARGUING THAT'S THE SEQUENCE OF STEPS, AS YOU RECALL, FROM THE CLAIM THEY KEEP FOCUSING ON. WELL, CERTAINLY NOT TRUE, WE'VE SHOWN YOU AN EXAMPLE WHERE YOU CAN EASILY STORE ANALOG TIME-COMPRESSED SIGNAL. TAKE MY 33 1/3 RECORD, I PLAY AT 45, I HAVE A TAPE RECORDER GOING WHILE I DO IT, I HAVE STORED REPRESENTATION OF THAT TIME-COMPRESSED SIGNAL. AND THERE IS NO DEBATE IT'S TIME COMPRESSED UNDER ANYBODY'S DEFINITION, THERE'S NO DEBATE IT'S STORED AFTER THE TIME COMPRESSION. SO WHAT'S THEIR RESPONSE TO THAT? THEIR RESPONSE IS, WELL, THIS IS REALLY ABOUT DIGITAL, YOU CAN'T DO THAT BECAUSE IT'S ALL ABOUT DIGITAL. ABOUT DIGITAL. WELL, THE CASE ISN'T ABOUT DIGITAL, THE CLAIMS AREN T JAMES YEOMANS - OFFICIAL REPORTER - [phone] THIS CASE IS I

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ABOUT DIGITAL, THE PATENT IS ABOUT DIGITAL.

WHEN YOU READ THE

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CLAIMS IT'S QUITE CLEAR THAT IN SOME CASES, THEIR DIGITAL CLAIM 8 A GOOD EXAMPLE, VERY CLEAR, BUT COMPARE WITH CLAIM 1, DOESN'T HAVE DIGITAL AT ALL, ANALOG DIGITAL, COULD BE EITHER. NOW, THEIR ARGUMENT THIS IS ALL ABOUT DIGITAL BECAUSE THAT'S WHAT THE WORLD IS NOW IN 2007, IS YET ANOTHER EXAMPLE OF THEM LOOKING AT THEIR PATENT FROM PERSPECTIVE OF 2007 AND SAYING IT'S ABOUT WHAT WE WANT TO BE ABOUT NOW AS OPPOSED TO WHAT IT'S ABOUT WHEN IT WAS WRITTEN. WHEN IT WAS WRITTEN IT WAS ANALOG AND DIGITAL, THEIR ARGUMENT DOESN'T REALLY WORK. IN ANY EVENT, NOT POSSIBLE TO WE

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STORE DIGITAL TIME-COMPRESSED FILE EVEN UNDER TCM MEANING. HAD A VERY CUTE ANIMATION FOR THIS, I THINK, WE'LL WAIT FOR THAT AT THE END IF WE HAVE TIME.

BUT YOU CAN EASILY DO IT, MR. BROWN CAN GET UP HERE AND DO IT IN 30 SECONDS. IT IS SOMETHING THAT CAN BE DONE

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QUITE EASY TO DO, THEY'RE JUST WRONG. IN FACT, WE CHANGED DIGITAL SAMPLING RATE, YOU CAN STORE IT AND IT WILL SOUND JUST LIKE THAT 33 1/3 RECORD THAT'S BEING PLAYED AT 45, AND YOU CAN STORE IT AFTER YOU DO IT. THERE S NO DEBATE ABOUT THAT. THE THIRD ARGUMENT THEY MAKE, AND THIS IS THE NEXT TO THE LAST ARGUMENT, WELL, THE ORDER OF TIME COMPRESSION IS DIFFERENT FROM THE ORDER OF THE CLAIMS. AND REMEMBER THAT'S

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WHERE THEY'RE TALKING ABOUT THIS PARTICULAR REFERENCE, AND IN JAMES YEOMANS - OFFICIAL REPORTER - [phone]

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THIS REFERENCE THEY'RE RIGHT, STORAGE IS BEFORE THE TIME COMPRESSION. BUT THAT'S IRRELEVANT BECAUSE THE ISSUE IS WHAT DOES TIME COMPRESSION MEAN, NOT WHETHER THIS REFERENCE INVALIDATES. IN ANY EVENT, YOU COULD PUT IT IN THE RIGHT ORDER EASILY IF YOU WISH TO, RECEIVE, COMPRESS, STORE, TRANSMIT. AN EXAMPLE WE'VE BEEN GIVEN ALL ALONG, THEY SAY THAT'S ANALOG, SO THERE'S THEIR PATENT. YOU HEARD THEM MAKE TODAY. THE LAST ARGUMENT THEY MAKE

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JUDGE MOTZ IN MARYLAND FOUND

TIME-COMPRESSED MULTIPLE ORDINARY MEANING, THAT'S TRUE BUT NOT NECESSARILY IN THE CONTEXT OF THIS PATENT. AND THE CLAIM CONSTRUCTION JUDGE MOTZ DID IN MARYLAND WAS THE TIME COMPRESSION MEANS REDUCED IN TEMPORAL QUALITY. DON'T
--

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PERSONALLY DON'T FIND THAT HELPFUL IN CONSTRUING THE I DON'T

CLAIMS, IF YOUR HONOR DOES YOU MAY FIND IT USEFUL.

THINK IT'S HELPFUL AND I DON'T THINK IT HELPS CONSTRUE THE CLAIMS.
THE COURT:

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WHAT DOES IT MEAN? I HAVE NO IDEA. I LOOKED AT IT FROM

MR. POWERS:

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EVERY SINGLE ANGLE I CAN THINK OF AND I'VE TALKED TO THE PEOPLE IN THAT CASE, AND I THINK NOBODY KNEW WHAT IT MEANT. I DON'T KNOW, IT WAS A HYBRID DEFINITION THROWN TOGETHER THAT WAS NEVER ACTUALLY TRIED, SO WE'LL NEVER KNOW WHAT IT MEANT. BUT YOU HAVE TO LOOK AT WHAT JUDGE MOTZ WAS

DECIDING, WHAT WAS BEFORE JUDGE MOTZ. JAMES YEOMANS - OFFICIAL REPORTER - [phone]

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JUDGE MOTZ WAS DECIDING ACTUALLY SOME DIFFERENT ISSUES. HERE'S THE EXACT QUOTE WHAT JUDGE MOTZ SAID, AND YOU

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SEE THAT THERE'S THIS DISCUSSION OF DROPPING VIDEO FRAMES, AND IT APPEARS THAT THAT'S WHAT JUDGE MOTZ REFERRING TO. AND YOU'LL RECALL THE CONFUSION WE HAD FOR A LITTLE WHILE IN THE TUTORIAL WHERE DR. HEMAMI WAS REFERRING TO THIS TEMPORAL COMPRESSION OF WHAT WAS INTERFRAME COMPRESSION, SOUNDED LIKE THAT WAS TIME COMPRESSION AND THERE WAS A LITTLE BIT OF CONFUSION FOR AWHILE ABOUT THAT ISSUE UNTIL DR. HEMAMI CLEARED IT UP AND SAID I'M NOT TALKING ABOUT TIME COMPRESSION, THAT'S A FORM OF DATA COMPRESSION.
SO WE HAVE NO DEBATE ABOUT THAT NOW, BUT LOOKS LIKE

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JUDGE MOTZ HAD A LITTLE BIT OF CONFUSION ABOUT THAT BECAUSE THAT'S EXACTLY WHAT HE'S TALKING ABOUT. THE DROPPING OF VIDEO

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FRAMES, WHICH IS DATA COMPRESSION, THERE'S NO DEBATE IN THIS COURTROOM THAT DROPPING OF VIDEO FRAMES IS DATA COMPRESSION, AS MR. HEIM JUST ACKNOWLEDGED.
SO LET'S LOOK AT WHAT JUDGE WAS WEIGHING.

BURST

CONSTRUCTION THERE WHICH IS NOT SAME AS HERE, WAS THEY PROPOSE INFORMATION STRUCTURE THAT REDUCES A TEMPORAL QUALITY OF THE INFORMATION. MAYBE THEY CAN TELL US WHAT THAT MEANT? THINK SO. MICROSOFT WAS DIFFERENT DECIDING A DIFFERENT ISSUE.
S WELL, HE WAS REALLY

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I DON'T

THEN YOU WHEN YOU LOOK AT THE ART

THE REFERENCE THAT JUDGE MOTZ HAD BEFORE HIM, THOSE ACTUALLY JAMES YEOMANS
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OFFICIAL REPORTER - [phone]

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SUPPORT THE CLAIM CONSTRUCTION WE ARE OFFERING HERE DECIDED BY JUDGE MOTZ IN HIS ORDER, TO SPEED UP THE RATE AT WHICH RECORDED SOUNDS ARE PRESENTED TO A LISTENER, THESE TIME-COMPRESSION ALGORITHMS. THAT'S JUST SINGLE RANGE, THAT'S EXACTLY WHAT

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WE'RE TALKING ABOUT, THAT IS OUR DEFINITION. ALSO, CITED BY JUDGE MOTZ TIME COMPRESSION, COMPRESSING AUDIO AND VIDEO IN TIME. THAT'S OUR CONSTRUCTION.

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WHILE PRESERVING THE PITCH IS PROMISING, TIME COMPRESSION OF AUDIO PLAYING THE AUDIO AT A LOWER SAMPLING RATE THAN THAT AT WHICH IT WAS RECORDED, THAT'S OUR CONSTRUCTION. ALSO, CITED BY JUDGE MOTZ TIME COMPRESSION PLUGS TO ACCELERATE A VIDEO STREAM. EVERYTHING THAT'S BEING CITED BY

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JUDGE MOTZ SUPPORTS CONSTRUCTION, SUPPORTS APPLE'S CONSTRUCTION IN THIS CASE, WHICH IS DIFFERENT FROM ANY OF THE CONSTRUCTIONS THAT WERE ARGUED TO HIM AND DIFFERENT FROM BURST THERE, THEN HERE. OTHER CITED REFERENCES SIMILAR NOW WHEN WE LOOK AT WHAT JUDGE MOTZ CITED, BUT WHAT BURST DIDN'T POINT YOU TO IT'S INTERESTING. ONE, IS THE PTO CLASSIFICATION MANUAL. YOU SEE, OKAY,

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TIME COMPRESS, TIME COMPRESS IS A SUBJECT MATTER INCLUDING MEANS TO RECORD A MOTION PICTURE SEQUENCE AT A TIME RATE SUBSTANTIALLY DIFFERENT THAN THE NORMAL RANGE OF SUCH RECORDING RATES. THAT'S OUR DEFINITION. SQUEEZING IT IN TIME.

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NOW, YOU LOOK AT THE DEFINITION OF TIME-COMPRESSION JAMES YEOMANS
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OFFICIAL REPORTER

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[phone]

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MULTIPLEXING AS WHERE INFORMATION IS READ OUT AT A FASTER RATE THAN IT IS STORED.
SO THAT THE PTO CLASSIFICATION MANUAL HAS

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DEFINITIONS THAT'S BEING USED FOR, THOSE DEFINITIONS PRESUMABLY THE EXAMINER WAS FOLLOWING. CONSTRUCTION HERE.
SO IN AN ORDINARY MEANING THE ANSWER IS, YES, IT HAS

THOSE DEFINITIONS SUPPORT APPLE'S

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AN ORDINARY MEANING IN THIS ART AT THE RIGHT TIME, BOTH EXPERTS ACTUALLY AGREE WHAT IT IS, AND IT'S APPLE'S CONSTRUCTION. NOW, THE CLAIM LANGUAGE IS, OF COURSE, BLACK LETTER LAW AGREED UPON BY BOTH SIDES. THE CLAIM LANGUAGE IS CRITICAL

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TO THE DECIDING CLAIM CONSTRUCTION. YOU CAN'T IGNORE IT, YOU CAN'T GLOSS OVER IT, YOU CAN'T MAKE SOME PART SUPERFLUOUS AND READ IT ALL TOGETHER AS IF IT'S ONE MEANING, THAT'S EXACTLY WHAT THEY DO. THEIR CONSTRUCTION READS THE WORD TIME, IF YOU ADOPT THEIR CONSTRUCTION YOU WOULD NOT NEED THE WORD TIME. AND YOU

WOULDN'T NEED A LOT OF OTHER WORDS EITHER, BUT THE WORD TIME WAS SPECIFICALLY ADDED AND IT WAS ADDED TOGETHER WITH PRIOR ART.
SO IT HAS TO BE GIVEN MEANING, AND CASE, AFTER CASE,

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AFTER CASE, THIS IS THE NOVA CASE WHERE THE PHRASE WAS OPERATIVELY CONNECTED SIMILAR TO TIME-COMPRESS. THE PLAINTIFF THERE WAS SAYING OPERATIVELY YOU DON'T REALLY NEED THAT, CONNECTED IS ALL YOU NEED, AND THE COURT SAYS, NO, YOU CAN'T READ IT OUT. YOU CAN'T MAKE IT

JAMES YEOMANS - OFFICIAL REPORTER - [phone]

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UNNECESSARY, YOU CAN'T MAKE IT SUPERFLUOUS, HAS TO BE GIVEN MEANING AND THAT'S WHAT MUST BE DONE HERE AS WELL. THE NETWORK COMMERCE CASE IS INTERESTING AS WELL. THE

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SPECIFICATION THERE, THE SPECIFICATION USED A BROAD TERM WHICH WAS DOWNLOAD. AND THEY SAID, WELL,