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

Filing 504

SUR-REPLY to Reply to Response to Motion re 481 MOTION for New Trial CONCERNING THE NON-INFRINGEMENT OF CERTAIN CLAIMS OF U.S. PATENT NOS. 6,088,326; 6,222,819; 6,195,327 AND 6,381,211 filed by Ericsson Inc., Sony Mobile Communications (USA) Inc., Sony Mobile Communications AB, Telefonaktiebolaget LM Ericsson. (Attachments: # 1 Exhibit A -- Trial Tr. July 12 2013 AM, # 2 Exhibit B -- Trial Tr. July 15 2013)(Wynne, Richard)

EXHIBIT B

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION

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WI-LAN, INC.

)

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DOCKET NO. 6:10cv521
-vs-

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)

Tyler, Texas
ALCATEL-LUCENT USA, INC.,
8:58 a.m.
ET AL
)
July 15, 2013
******************************************************
WI-LAN, INC.
)
DOCKET NO. 6:13cv252
-vs)
HTC CORPORATION,
ET AL
)

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TRANSCRIPT OF TRIAL
BEFORE THE HONORABLE LEONARD DAVIS,
UNITED STATES CHIEF DISTRICT JUDGE, AND A JURY

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COURT REPORTERS:
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MS. SHEA SLOAN
MS. JUDY WERLINGER
211 W. Ferguson
Tyler, Texas 75702
[e-mail]

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Proceedings taken by Machine Stenotype; transcript was
produced by a Computer.

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Just think of a simple example, right?

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If one of my kids came to me and they just -- I gave

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them a cookie.

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Dad, may I have another cookie, or may I have an

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additional cookie?

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I said:

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one you just ate?

They eat the cookie, and they said:

How do you think they would react if

The additional cookie that you can have is the

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Does that make any sense to you?

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Additional is more.

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It's extra.

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Right?

It's additional.

the same thing.

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It's something -- it's another.

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It's not

And what Wi-LAN would have you believe is
that you could take one code and call it two things.

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That's not additional; it's not another;

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it's not extra; it does not meet structure in the entire

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purpose of these claims.

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So now what I'd like to do is, I'd like

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to explain, starting from the background, why does two

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matter?

Why is it this way?

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And so let's start with what Airspan was

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trying to do.

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system.

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fixed system, okay?

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They were trying to do a fixed access

That's what we see right over here.

It's a

If we see -- look into the document, we
can see right over here, it's for fixed end-users.

It's