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`Exhibit 5
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`Case 3:17-cv-05659-WHA Document 275-5 Filed 11/27/18 Page 2 of 36
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`
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`OPTIS WIRELESS TECH., LLC, et al.,
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`Plaintiffs,
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`Civil Action No. 2:17-cv-123-JRG-RSP
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`v.
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`HUAWEI TECHS. CO. LTD., et al.,
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`Defendants.
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`FINAL JURY INSTRUCTIONS
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`Members of the jury:
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`You have now heard the evidence in this case, and I will now instruct you on the law that
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`you must apply. Each of you are going to have your own printed copy of these final jury
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`instructions that I’m giving you now, so there’s really no need for you to take notes unless you just
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`particularly want to.
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`It’s your duty to follow the law as I give it to you. On the other hand, Ladies, as I’ve said
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`previously, you, the jury, are the sole judges of the facts in this case. Do not consider any statement
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`that I have made in the course of the trial or make during these instructions as an indication to you
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`that I have any opinion about the facts in this case.
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`You’re about to hear closing arguments from the attorneys. Statements and arguments of
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`the attorneys, I remind you, are not evidence, and they are not instructions on the law. They’re
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`intended only to assist the jury in understanding the evidence and the parties’ contentions.
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`1
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`Case 3:17-cv-05659-WHA Document 275-5 Filed 11/27/18 Page 3 of 36
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`A verdict form has been prepared for you. You are to take this verdict form with you to the
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`jury room; and when you have reached a unanimous decision or agreement as to the verdict, you’re
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`to have your foreperson fill in the blanks in the verdict form, date it, and sign it.
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`Answer each question in the verdict form from the facts as you find them to be. Do not
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`decide who you think should win the case and then answer the questions to reach that result. Again,
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`your answers and your verdict must be unanimous.
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`In determining whether any fact has been proven in this case, you may, unless otherwise
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`instructed, consider the testimony of all the witnesses, regardless of who may have called them,
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`and you may consider the effect of all the exhibits received and admitted into evidence, regardless
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`of who may have produced or presented them. You, the jurors, are the sole judges of the credibility
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`of each and every witness and the weight and effect to be given to the evidence in this case.
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`As I’ve told you previously, the attorneys in this case are acting as advocates for their
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`competing parties and their competing claims, and they have a duty to object when they believe
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`evidence is offered that should not be admitted under the rules of the Court.
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`In that case, when the Court has sustained an objection to a question addressed to a witness,
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`you are to disregard the question entirely, and you may not draw any inferences from its wording
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`or speculate about what the witness would have said if I had permitted them to answer the question.
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`If, on the other hand, the objection was overruled, then you’re to treat the answer to the question
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`and the question itself just as if no objection had been made; that is, like any other question and
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`answer.
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`Now, at times during the trial, it was necessary for the Court to talk to the lawyers here at
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`the bench or outside of your hearing when you were in the jury room. This happens because during
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`a trial, there are things that sometimes come up that do not involve the jury. You should not
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`2
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`Case 3:17-cv-05659-WHA Document 275-5 Filed 11/27/18 Page 4 of 36
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`speculate, Ladies, about what was said during such discussions that took place outside of your
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`presence.
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`Now, there are two types of evidence that you may consider in properly finding the truth
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`as to the facts in this case. One is direct evidence, such as the testimony of an eyewitness. The
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`other is indirect or circumstantial evidence; that is, the proof of a chain of circumstances that
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`indicates the existence or nonexistence of certain other facts. As a general rule, you should know
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`that the law makes no distinction between direct and circumstantial evidence, but simply requires
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`that you, the jury, find the facts based on the evidence presented, both direct and circumstantial.
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`The parties have stipulated or agreed to some facts in the case. A list of the stipulations has
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`been included in your juror notebooks. When the lawyers for both sides stipulate as to the
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`existence of a fact, you must, unless otherwise instructed, accept the stipulation as evidence and
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`regard the fact as proven.
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`Certain testimony in the case has been presented to you through depositions. A deposition
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`is the sworn, recorded answers to questions asked to a witness in advance of the trial. If a witness
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`cannot be present to testify in person, then the witness’s testimony may be presented under oath in
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`the form of a deposition. As I told you earlier, before the trial, the attorneys representing the
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`parties in this case questioned these deposition witnesses under oath. At that time, a court reporter
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`was present and recorded their sworn testimony. Deposition testimony is entitled to the same
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`consideration by you, the jury, as testimony given by a witness in person from the witness stand
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`in open court. Accordingly, you should judge the credibility and importance of the deposition
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`testimony to the best of your ability, just as if the witness had testified before you in open court.
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`Case 3:17-cv-05659-WHA Document 275-5 Filed 11/27/18 Page 5 of 36
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`While you should consider only the evidence in this case, Ladies, you should understand
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`that you are permitted to draw such reasonable inferences from the testimony and the exhibits as
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`you feel are justified in the light of common experience.
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`In other words, you may make deductions and reach conclusions that reason and common
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`sense lead you to draw from the facts that have been established by the testimony and the evidence
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`in this case. However, you should not base your decision on any evidence not presented by the
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`parties in open court during the trial of this case, including your own personal experiences.
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`Now, unless I instruct you otherwise, you may properly determine that the testimony of a
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`single witness is sufficient to prove any fact, even if a greater number of witnesses may have
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`testified to the contrary if after considering all of the other evidence you believe that single witness.
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`When knowledge of a technical subject may be helpful to the jury, a person who has special
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`training and experience in that technical field, called an expert witness, is permitted to state his or
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`her opinions on those technical matters to the jury. However, member of the jury, you’re not
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`required to accept those opinions. As with any other witness, it is solely up to you to decide who
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`you believe and who you don’t believe and whether or not you want to rely on their testimony.
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`Now, certain exhibits have been shown to you during the trial that were illustrations. We
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`call these types of exhibits demonstrative exhibits or sometimes just demonstratives for short.
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`Demonstrative exhibits are a party’s description, picture, or model to describe something involved
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`in this trial. If your recollection of the evidence differs from the demonstratives, you should rely
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`on your recollection. Demonstrative exhibits are sometimes called jury aids. The demonstrative
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`is not itself evidence, but the witness’s testimony during which they use the demonstrative is
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`evidence.
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`4
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`Case 3:17-cv-05659-WHA Document 275-5 Filed 11/27/18 Page 6 of 36
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`In any legal action, facts must be proven by a required amount of evidence known as the
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`burden of proof. The burden of proof in this case is on Plaintiff for some issues, and it is on
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`Defendants for other issues. There are two burdens of proof that you will apply in this case, the
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`preponderance of the evidence and clear and convincing evidence.
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`The Plaintiffs in this case, Optis Wireless Technology, LLC, PanOptis Patent Management,
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`LLC, and Optis Cellular Technology, LLC, who I will refer to simply as the Plaintiffs or PanOptis,
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`have the burden of proving patent infringement by a preponderance of the evidence. PanOptis also
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`has the burden of proving willful patent infringement by a preponderance of the evidence.
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`PanOptis also has the burden of proving damages for any patent infringement by a preponderance
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`of the evidence.
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`A preponderance of the evidence means evidence that persuades you that a claim is more
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`probably true than not true. Sometimes this is talked about as being the greater weight and degree
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`of credible testimony.
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`The Defendants in this case, Huawei Device USA, Inc. and Huawei Device (Shenzhen)
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`Co. Ltd., who I will refer to collectively as Huawei or Defendants, have the burden of proving
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`patent invalidity by clear and convincing evidence. Clear and convincing evidence means evidence
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`that produces in your mind an abiding conviction that the truth of the party’s factual contentions
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`are highly probable. Although proof to an absolute certainty is not required, the clear and
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`convincing evidence standard requires a greater degree of persuasion than is necessary for the
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`preponderance of the evidence standard. If the proof establishes in your mind an abiding
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`conviction in the truth of the matter, then the clear and convincing evidence standard has been met.
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`These standards are different from what you may have learned about in criminal
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`proceedings where a fact is proven beyond a reasonable doubt. On a scale of the various standards
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`5
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`Case 3:17-cv-05659-WHA Document 275-5 Filed 11/27/18 Page 7 of 36
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`of proof, as you move from the preponderance of the evidence, where the proof need only be
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`sufficient to tip the scales in favor of the party proving the fact, to at the other end beyond a
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`reasonable doubt, where the fact must be proven to a very high degree of certainty, you may think
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`of clear and convincing evidence as being between those two standards.
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`In determining whether any fact has been proved by a preponderance of the evidence or by
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`clear and convincing evidence, you may, unless otherwise instructed, consider the stipulations, the
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`testimony of all the witnesses, regardless of who called them, and all the exhibits received into
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`evidence during the trial, regardless of who may have produced them.
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`As I did at the start of the case, I will first give you a summary of each side’s contentions
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`in this case. I will then provide you with detailed instructions on what each side must prove to win
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`on each of its contentions.
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`As I previously told you, this is an action for patent infringement. The case concerns five
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`separate United States patents:
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`• United States Patent No. 6,604,216, which we have referred to throughout the trial
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`as the ’216 Patent;
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`• United States Patent No. 7,769,238, which we have referred to throughout the trial
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`as the ’238 Patent;
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`• United States Patent No. 8,208,569, which we have referred to throughout the trial
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`as the ’569 Patent;
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`• United States Patent No. 8,385,284, which we have referred to throughout the trial
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`as the ’284 Patent; and
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`• United States Patent No. 8,437,293, which we have referred to throughout the trial
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`as the ’293 Patent.
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`6
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`Case 3:17-cv-05659-WHA Document 275-5 Filed 11/27/18 Page 8 of 36
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`I will refer to these patents as the “patents-in-suit” or the “asserted patents.” In so doing, I
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`am referring to all five of them collectively. PanOptis contends that Huawei directly infringed the
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`following claims of the patents-in-suit:
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`• Claim 1 of the ’216 Patent;
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`• Claim 1 of the ’238 Patent;
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`• Claims 11 and 17 of the ’569 Patent;
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`• Claim 1 of the ’284 Patent; and
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`• Claim 14 of the ’293 Patent.
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`These are the “asserted claims.”
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`PanOptis seeks money damages from Huawei for allegedly infringing all of the asserted
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`claims by making, using, selling, and offering for sale within the United States, and/or importing
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`into the United States, products that PanOptis argues are covered by those claims.
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`For the ’216, ’569, ’284, and ’293 Patents, Huawei’s Accused Products are those listed
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`Exhibit A that is attached to these instructions. For the ’238 Patent, Huawei’s Accused Products
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`are those listed in Exhibit B that is attached to these instructions. Huawei denies that it has
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`infringed any asserted claim of the asserted patents. Huawei contends that during the terms of these
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`patents, it did not make, use, sell, or offer for sale within the United States, or import into the
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`United States, any products that infringe any of the asserted claims of the asserted patents. Huawei
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`also denies that PanOptis is entitled to any damages.
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`Huawei contends that all the asserted claims of all the asserted patents are invalid as
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`obvious in view of prior art that existed before PanOptis’ alleged inventions and, therefore, that
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`all the asserted claims of all the asserted patents are invalid.
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`7
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`Case 3:17-cv-05659-WHA Document 275-5 Filed 11/27/18 Page 9 of 36
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`Invalidity is a defense to infringement. Invalidity and infringement are separate and distinct
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`issues.
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`Your job is to decide whether Huawei has infringed any of the asserted claims and whether
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`any of the asserted claims are invalid. If you decide that any asserted claim of any asserted patent
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`has been infringed and is not invalid, you will then need to decide any money damages to be
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`awarded to PanOptis to compensate it for the infringement. You will also need to make a finding
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`as to whether the infringement was willful. If you decide that any infringement was willful, that
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`decision should not affect any damages award you make. I will take willfulness into account later.
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`Before you can decide many of the issues in this case, you will need to understand the role
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`of patent “claims.” The patent claims are the numbered sentences at the end of each patent. The
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`claims are important because it is the words of the claims that define what a patent covers. The
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`figures and text in the rest of the patent provide a description and/or examples of the invention and
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`provide a context for the claims, but it is the claims that define the breadth of the patent’s coverage.
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`Each claim is effectively treated as if it was a separate patent, and each claim may cover more or
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`less than another claim. Therefore, what a patent covers depends, in turn, on what each of its claims
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`covers.
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`You will first need to understand what each claim covers in order to decide whether or not
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`there is infringement of the claim and to decide whether or not the claim is invalid. The law says
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`that it is my role to define the terms of the claims and it is your role to apply my definitions to the
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`issues that you are asked to decide in this case. Therefore, as I explained to you at the start of the
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`case, I have determined the meaning of some of the claim terms in this case and provided you with
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`my definitions of those construed terms in your juror notebooks.
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`Case 3:17-cv-05659-WHA Document 275-5 Filed 11/27/18 Page 10 of 36
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`You must accept my definitions of these words in the claims as being correct. It is your job
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`to take these definitions and apply them to the issues that you are deciding, including the issues of
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`infringement and validity. You should disregard any evidence presented at trial that contradicts or
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`is inconsistent with the constructions and definition I have given you. For claim terms that I have
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`not construed or defined, you are to use the plain and ordinary meaning of the terms as understood
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`by one of ordinary skill in the art, that is, in the field of the technology of the patent at the time of
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`the alleged invention.
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`The meaning of the words of the patent claims must be the same when you decide the issues
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`of both infringement and invalidity.
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`I will now explain how a claim defines what it covers.
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`A claim sets forth, in words, a set of requirements. Each claim sets forth its requirements
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`in a single sentence with one or more paragraphs. If a device or a method satisfies each of these
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`requirements, then it is covered by and infringes that claim.
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`There can be several claims in a patent. Each claim may be narrower or broader than
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`another claim by setting forth more or fewer requirements. The coverage of a patent is assessed
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`claim-by-claim. In patent law, the requirements of a claim are often referred to as “claim elements”
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`or “claim limitations.” When a thing (such as a product or a process) meets all of the requirements
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`of a claim, the claim is said to “cover” that thing, and that thing is said to “fall” within the scope
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`of that claim. In other words, a claim covers a product or process where each of the claim elements
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`or limitations is present in that product or process. If a product or process is missing even one
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`limitation or element of a claim, then the product or process is not covered by the claim. If a
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`product or process is not covered by the claim, then it does not infringe the claim.
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`Case 3:17-cv-05659-WHA Document 275-5 Filed 11/27/18 Page 11 of 36
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`The beginning portion, or “preamble,” of a number of the claims in this case uses the word
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`“comprising.” The word “comprising,” when used in a preamble, means including but not limited
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`to, or containing but not limited to. When comprising is used in the preamble, a device that includes
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`all of the limitations of the claim is covered by the claim even if the device contains additional
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`elements. For example, a claim to a table comprising a tabletop, legs, and glue would be infringed
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`by a table that includes a tabletop, legs, and glue, even if the table also contains other features,
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`such as wheels on the ends of the legs.
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`This case involves two types of patent claims: independent claims and dependent claims.
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`An independent claim does not refer to any other claim of the patent. An independent claim
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`sets forth all of the requirements that must be met in order to be covered by that claim. Thus, it is
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`not necessary to look at any other claim to determine what an independent claim covers.
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`A dependent claim does not itself recite all of the requirements of the claim but refers to
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`one or more other claims, at least one of which is an independent claim, for some of its
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`requirements. In this way, the claim “depends” on another claim. A dependent claim incorporates
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`all of the requirements of the claim or claims to which it refers, as well as the requirements within
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`the dependent claim itself. The dependent claim adds its own requirements to the claim or claims
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`to which it refers. To determine what a dependent claim covers, it is necessary to look at both the
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`dependent claim and the other claim or claims to which it refers. A product or process that meets
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`all of the requirements of both the dependent claim and the claim or claims to which it refers is
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`covered by that dependent claim.
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`For each of the Asserted Claims, their independence and dependence is as follows:
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`• For the ’216 Patent: Independent Claim 1;
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`• For the ’238 Patent: Independent Claim 1;
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`Case 3:17-cv-05659-WHA Document 275-5 Filed 11/27/18 Page 12 of 36
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`• For the ’569 Patent: Independent Claim 11 and Dependent Claim 17;
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`• For the ’284 Patent: Independent Claim 1; and
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`• For the ’293 Patent: Dependent Claim 14.
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`Please note: while Dependent Claim 14 depends from Independent Claim 12, Independent
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`Claim 12 is not an Asserted Claim and should only be considered in the context of Claim 14’s
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`dependency upon it.
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`Certain claims use the phrase “means for.” This “means for” phrase has a special meaning
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`in patent law. It is called a “means-plus-function” requirement. It does not cover all of the
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`structures that could perform the function set forth in the claim. Instead, it covers a structure or set
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`of structures that performs that function and that is either identical or “equivalent” to the structures
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`described in the patent for performing the function. The issue of whether two structures are
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`identical or equivalent is for you to decide. I will explain to you later how to determine whether
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`two structures or two sets of structures are “equivalent” to one another. In the claim construction
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`section of your juror notebooks, I have identified the structures described in the patents for
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`performing the relevant functions. You should apply my definitions of the functions, and the
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`structures described in the patent for performing them, as you would apply my definition of any
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`other claim term.
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`A patent owner has the right to stop others from using the invention covered by its patent
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`claims in the United States during the life of the patent. If any person makes, uses, sells, or offers
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`for sale within the United States, or imports into the United States, what is covered by the patent
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`claims without the patent owner’s permission, that person is said to infringe the patent.
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`In reaching your decision on infringement, keep in mind that only the claims of a patent
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`can be infringed. You must compare the asserted claims, as I have defined each of them, to the
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`Case 3:17-cv-05659-WHA Document 275-5 Filed 11/27/18 Page 13 of 36
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`accused products and determine whether or not there is infringement. You should not compare the
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`accused products with any specific example set out in the patent or with the patent owner’s
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`commercial products or with the prior art in reaching your decision on infringement. The only
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`correct comparison is between the accused products and the language of the claims, themselves,
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`as the Court has construed them.
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`You must reach your decision as to each assertion of infringement based on my instructions
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`about the meaning and scope of the claims, the legal requirements for infringement, and the
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`evidence presented to you by the parties.
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`The issue of infringement is assessed on a claim-by-claim basis. That means there may be
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`infringement as to one claim even if there is no infringement as to other claims.
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`However, if you find that an independent claim on which other claims depend is not
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`infringed, there cannot be infringement of any dependent claim that refers to or depends on that
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`independent claim. On the other hand, if you find that an independent claim has been infringed,
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`you must still decide separately whether the additional requirements of any dependent claims have
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`been satisfied. That is because a dependent claim includes all the requirements of any of the claims
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`to which it refers, plus its own additional requirements.
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`In order to prove direct infringement of a patent claim, PanOptis must show by a
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`preponderance of the evidence that the accused product or process includes each and every
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`requirement or limitation of the claim, either literally or under the Doctrine of Equivalents.
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`In determining whether the accused product or process literally infringes one of the asserted
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`claims in this case, you must compare the accused product or process with each and every one of
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`the requirements or limitations of that claim to determine whether the accused product or process
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`contains each and every limitation recited in the claim. A claim requirement is present if it exists
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`Case 3:17-cv-05659-WHA Document 275-5 Filed 11/27/18 Page 14 of 36
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`in an accused product or process just as it is described in the claim language, either as I have
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`explained the language to you or, if I did not explain it, as it would be understood by its plain and
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`ordinary meaning by one of ordinary skill in the art. If an accused product or process omits any
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`requirement recited in a claim, then you must find that the particular product or process does not
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`literally infringe that particular claim.
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`If an accused product or process does not meet all the requirements of a claim and thus
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`does not literally infringe the claim, there can still be direct infringement if that product or process
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`satisfies the claim under the Doctrine of Equivalents. Under the Doctrine of Equivalents, an
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`accused product or process infringes a claim if the accused product or process performs steps or
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`contains elements corresponding to each and every requirement of the claim that are equivalent to,
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`even though not literally met by, the accused product or process. You may find that a step or
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`element is equivalent to a requirement of a claim that is not literally met if a person having ordinary
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`skill in the field of the technology of the patent would have considered the differences between
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`them to be insubstantial or would have found that the structure performs substantially the same
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`function in substantially the same way to achieve substantially the same result as the requirements
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`of the claim. In order to prove that an accused product or process meets a limitation by equivalents,
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`PanOptis must prove the equivalency to the claim element by a preponderance of the evidence.
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`A patent can be directly infringed even if the alleged infringer did not have knowledge of
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`the patent and without the infringer knowing what it was doing infringed the claim. A patent may
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`also be directly infringed even though the accused infringer believes in good faith that what it is
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`doing is not infringement of the patent.
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`As I have previously explained, certain claims include requirements that are means-plus-
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`function forms. A product meets a means-plus-function requirement of a claim if (1) it has a
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`Case 3:17-cv-05659-WHA Document 275-5 Filed 11/27/18 Page 15 of 36
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`structure or set of structures that performs the identical function recited in the claim; and (2) that
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`structure or set of structures is either identical or equivalent to one or more of the described
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`structures that I defined earlier as performing the associated function of the claim term. If a product
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`does not perform the specific function recited in the claim, the means-plus-function requirement
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`is not met, and the product does not directly infringe the claim. Alternatively, even if the product
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`has a structure or set of structures that performs the function recited in the claim, but the structure
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`or set of structures is neither identical nor equivalent to the structure that I defined to you as being
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`described in the patent and performing this function, the product does not directly infringe the
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`asserted claim.
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`In this case, PanOptis argues both that Huawei infringed and, further, that Huawei infringed
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`willfully. If you have decided that Huawei has infringed, you must go on and address the additional
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`issue of whether or not this infringement was willful. Willfulness requires you to determine
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`whether PanOptis proved that it is more likely than not that the infringement by Huawei was
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`especially worthy of punishment. You may not determine that the infringement was willful just
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`because Huawei knew of the asserted patents and infringed them. Instead, willful infringement is
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`reserved for only the most egregious behavior, such as where the infringement is malicious,
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`deliberate, consciously wrongful, or done in bad faith.
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`To determine whether Huawei acted willfully, consider all facts. These may include, but
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`are not limited, to:
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`1. Whether or not Huawei acted consistently with the standards of behavior for its
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`industry;
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`2. Whether or not Huawei reasonably believed it did not infringe or that the patent
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`was invalid;
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`Case 3:17-cv-05659-WHA Document 275-5 Filed 11/27/18 Page 16 of 36
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`3. Whether or not Huawei made a good-faith effort to avoid infringing the asserted
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`patents, for example, whether Huawei attempted to design around the asserted
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`patents; and
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`4. Whether or not Huawei tried to cover up its infringement.
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`None of these factors alone is determinative, and this list is not an exhaustive list of things
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`that you should consider. Your determination of willfulness should incorporate the totality of the
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`circumstances based on all the evidence presented during the trial.
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`If you decide that any infringement was willful, that decision should not affect any damages
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`award that you might make. I will take willfulness into account later.
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`I will now instruct you on the rules you must follow in deciding whether or not Huawei
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`has proven that the asserted claims of the asserted patents are invalid. A United States patent is
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`accorded a presumption of validity based on the presumption that the United States Patent and
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`Trademark Office, which you have heard referred to during this trial as the PTO, has acted
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`correctly in issuing the patent. This presumption of validity extends to all issued United States
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`patents, including those that claim the benefit of an earlier filed patent application, such as so-
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`called continuation or continuation-in-part applications.
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`To prove that any claim of a patent is invalid, Huawei must persuade you by clear and
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`convincing evidence that the claim is invalid. You have heard evidence of prior art that the Patent
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`Office may or may not have evaluated. The fact that any particular reference was or was not
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`considered by the Patent Office does not change Huawei’s burden of proof. However, in making
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`your decision whether Huawei has met its burden of proof by clear and convincing evidence as to
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`a particular patent claim, you may take into account the fact that the prior art was not considered
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`by the Patent Office. Prior art differing from the prior art considered by the Patent Office may, but
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`Case 3:17-cv-05659-WHA Document 275-5 Filed 11/27/18 Page 17 of 36
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`does not always, carry more weight than the prior art that was considered by the Patent Office.
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`Again, the ultimate responsibility for deciding whether the claims of the patent are valid is up to
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`you, the members of the jury.
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`Keep in mind that everyone has the right to use existing knowledge and principles. A patent
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`cannot remove from the public the ability to use what was known or obvious before the invention
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`was made or patent protection was sought.
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`Like infringement, invalidity is determined on a claim-by-claim basis. In making your
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`determination as to invalidity, you should consider each claim separately. If one claim of a patent
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`is invalid, this does not mean that any other claim is necessarily invalid.
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`Claims are construed the same way for determining infringement as for determining
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`invalidity.
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`In patent law, a previous device, system, method, publication, or patent that predates the
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`claimed invention is generally called a “prior art reference.” Prior art may include any of the
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`following items:
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`1.
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`any product or system that was known or used by others in the United States before
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`the patented inventions were made;
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`2.
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`any patent that issued or any printed publication that published anywhere in the
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`world before the patented inventions were made;
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`3.
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`any product or system that was in public use or on sale in the United States more
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`than one year before the applications for the asserted patents were filed;
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`4.
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`any patents that issued or any printed publication that published anywhere in the
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`world more than one year before the application for the asserted patents were filed;
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`Case 3:17-cv-05659-WHA Document 275-5 Filed 11/27/18 Page 18 of 36
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`5.
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`any patent application that was filed in the United States by someone other than the
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`inventors of the asserted patents, before the invention was made.
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`In this case, Huawei contends that the items listed in Exhibit C that is attached to these
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`instructions are prior art to the ’293, ’569, and ’238 patents.
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`The priority dates of the ’216, ’284, ’569, ’293, and ’238 Patents are as follows:
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`• December 1, 1999, for the ’216 Patent;
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`• December 20, 2007, for the ’284 Patent;
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`• June 12, 2003, for the ’569 Patent;
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`• June 19, 2007, for the ’293 Patent; and
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`• April 15, 2002, for the ’238 Patent.
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`A provisional patent application is a legal document filed with the United States Patent and
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`Trademark Office to establish an early filing date, but it does not become a formal patent
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`application unless the applicant files for a patent within one year.
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` Huawei contends that certain United States patents are prior art to certain of the asserted
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`claims based on th