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Case 5:20-cv-09341-EJD Document 133-7 Filed 03/09/22 Page 1 of 5
`
`Exhibit 6
`
`
`
`
`
`
`
`
`

`

`Case 5:20-cv-09341-EJD Document 133-7 Filed 03/09/22 Page 2 of 5
`
`1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`DEMARAY LLC,
`PLAINTIFF,
`
`
`)(
`CIVIL ACTION NO.
`)(
`6:20-CV-634-ADA
`)(
`WACO, TEXAS
`)(
`VS.
`)(
`AUGUST 17, 2021
`)(
`INTEL CORPORATION,
`10:01 A.M.
`)(
`DEFENDANT.
`___________________________________________________________
`DEMARAY LLC,
`)(
`
`PLAINTIFF,
`)(
`CIVIL ACTION NO.
`)(
`6:20-CV-636-ADA
`)(
`WACO, TEXAS
`)(
`)(
`AUGUST 17, 2021
`)(
`10:01 A.M.
`
`VS.
`INTEL CORPORATION,
`DEFENDANT.
`
`
`CLAIM CONSTRUCTION HEARING
`BEFORE THE HONORABLE JUDGE ALAN D ALBRIGHT
`UNITED STATES DISTRICT JUDGE
`
`FOR THE PLAINTIFF: Mr. Benjamin W. Hattenbach
`Mr. C. Maclain Wells
`Irell & Manella LLP
`1800 Avenue of the Stars
`Suite 900
`Los Angeles, CA 90067
`Ms. Shelly Holmes, CSR, TCRR
`Certified Shorthand Reporter
`2593 Myrtle Road
`Diana, TX 75640
`(903) 720-6009
`shellyholmes@hotmail.com
`
`COURT REPORTER:
`
`(Proceedings recorded by mechanical stenography, transcript
`produced on a CAT system.)
`
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`25
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`

`

`Case 5:20-cv-09341-EJD Document 133-7 Filed 03/09/22 Page 3 of 5
`
`2
`
`FOR THE PLAINTIFF: Mr. Rick Milvenan
`McGinnis Lochridge, LLP
`1111 W. 6th Street
`Suite 400
`Austin, TX 78703
`
`
`
`FOR INTEL:
`
`Mr. Yar R. Chaikovsky
`Mr. Philip Ou
`Mr. Joseph J. Rumpler, II
`Paul Hastings, LLP
`1117 South California Avenue
`Palo Alto, CA 94304
`Ms. Claire M. Specht
`WilmerHale
`60 State Street
`Boston, MA 02109
`Mr. J. Stephen Ravel
`Kelly Hart & Hallman, LLP
`303 Colorado Street
`Suite 2000
`Austin, TX 78701
`
`FOR THE SAMSUNG:
`
`Mr. Brian C. Nash
`Mr. Austin M. Schnell
`Pillsbury Winthrop Shaw Pittman, LLP
`401 Congress Avenue
`Suite 1700
`Austin, TX 78701-3797
`Mr. Cosmin Maier
`Mr. Sam Ha
`Desmarais, LLP
`230 Park Avenue
`26th Floor
`New York, NY 10169
`
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`

`

`Case 5:20-cv-09341-EJD Document 133-7 Filed 03/09/22 Page 4 of 5
`Case 5:20-cv-09341-EJD Document 133-7 Filed 03/09/22 Page 4of5
`
`44
`
`Said it's the definition in the file history.
`
`They
`
`understood that.
`
`Now, you ask yourself why do they change? And
`
`The final
`
`remove the passing. And one wonders why, despite all this
`
`file history, Demaray's declaration, why did the passing go
`
`away?
`
`Well, we suggest to you, Your Honor,
`
`that the
`
`passing went away in light of one item, and that item --
`
`get the slide -- that item is -- we produced to
`
`Dr. Demaray,
`
`that is Applied Materials produced,
`
`a document
`
`prior to January 22nd but after the 15th, which is the only
`
`document showing that there's a reactor having a filter.
`
`And it doesn't have a narrow band rejection filter.
`
`It's
`
`got a low band pass filter. But it's the only document
`
`that has a filter.
`
`And so from the 8th to the 15th to the 22nd, you
`ang
`have a revised construction from Dr. Demaray, which is
`
`inconsistent with the definition of Dr. Demaray,
`
`
`
`inconsistent with the file history where he's wiped out
`
`the
`
`
`
`they eventually do change on the 22nd.
`
`disclosure we have here,
`the revised construction, and they
`
`And so this inconsistency is the problem we have.
`
`passing notion.
`
`after doing that,
`
`And that's even despite later in the IPR,
`
`telling the Patent Office it still is
`
`
`
`that with passing all the frequencies.
`
` ae
`
`

`

`Case 5:20-cv-09341-EJD Document 133-7 Filed 03/09/22 Page 5 of 5
`
`83
`
`CERTIFICATION
`
`I HEREBY CERTIFY that the foregoing is a true and
`correct transcript from the stenographic notes of the
`proceedings in the above-entitled matter to the best of my
`ability.
`
` /S/ Shelly Holmes
`SHELLY HOLMES, CSR, TCRR
`CERTIFIED SHORTHAND REPORTER
`State of Texas No.: 7804
`Expiration Date: 10/31/2021
`
`10/14/2021
`Date
`
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`

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