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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`SIMPLEAIR, INC. * Civil Docket No.
` * 2:13-CV-587
`VS. * Marshall, Texas
` *
` * March 17, 2014
` *
`GOOGLE * 12:45 P.M.
`
`TRANSCRIPT OF JURY TRIAL
`BEFORE THE HONORABLE JUDGE RODNEY GILSTRAP
`UNITED STATES DISTRICT JUDGE
`
`APPEARANCES:
`
`FOR THE PLAINTIFFS:
`
`MR. GREGORY DOVEL
`MR. JEFFREY EICHMANN
`Dovel & Luner
`201 Santa Monica Blvd.
`Suite 600
`Santa Monica, CA 90401
`
`MS. ELIZABETH DERIEUX
`Capshaw DeRieux
`114 East Commerce Avenue
`Gladewater, TX 75647
`
`FOR THE DEFENDANTS:
`
`MR. MITCHELL STOCKWELL
`MR. RUSSELL KORN
`Kilpatrick Townsend & Stockton
`1100 Peachtree Street, Suite 2800
`Atlanta, GA 30309
`
`APPEARANCES CONTINUED ON NEXT PAGE:
`
`COURT REPORTERS:
`
`
`
`
`MS. SHELLY HOLMES, CSR
`MS. SUSAN SIMMONS, CSR
`Official Court Reporters
`100 East Houston, Suite 125
`Marshall, TX 75670
`903/935-3868
`
`(Proceedings recorded by mechanical stenography, transcript
`produced on CAT system.)
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`2
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`APPEARANCES CONTINUED:
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`FOR THE DEFENDANTS:
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`MS. DANIELLE WILLIAMS
`Kilpatrick Townsend & Stockton
`1001 West Fourth Street
`Winston-Salem, NC 27101
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`MS. JENNIFER PARKER AINSWORTH
`Wilson Robertson & Cornelius
`909 ESE Loop 323, Suite 400
`Tyler, TX 75701
`
`***************************************
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` P R O C E E D I N G S
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`(Jury out.)
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`COURT SECURITY OFFICER: All rise.
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`THE COURT: Be seated, please.
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`MS. DERIEUX: Your Honor, we were just trying to
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`get out of the way so the jury can get by.
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`THE COURT: I need to bring up an issue before the
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`jury comes in. I understand there's a question about the
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`prior testimony of Mr. Nerieri. Let me hear the party's
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`position on that, starting with Mr. Eichmann.
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`MR. EICHMANN: Thank you, Your Honor.
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`This is testimony from Mr. Nerieri's deposition
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`last August that we plan to play. It was played during the
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`last trial and he was -- it's two clips in dispute -- asked
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`whether Google ever actually considered moving the servers
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`3
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`to avoid SimpleAir's infringement, or whether they have ever
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`purposely located the service, whether it's the GCM or
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`anything else, outside of the United States for the purpose
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`of serving devices in the United States.
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`His testimony is on that. It's frozen in time in
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`August. This case is about infringement that occurred prior
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`to the jury trial in January 2014. We're presenting this as
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`if we're back upstairs January 2014, having this trial now
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`we're just finishing up the damages.
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`They contend that this opens the door about their
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`claimed changes that they've made recently. We don't think
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`that it does that at all. At most, Your Honor, what would
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`open the door is if we said -- and I'm not certain if this
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`does it either, but we're not going to go there.
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`If we said: All right, the jury just found you
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`liable for infringement. What about now? Have you moved
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`the servers now? That would probably open the door.
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`That's not what we're asking. We're saying what
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`did Mr. Nerieri testify in his deposition, and we're leaving
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`it at that. And for all the reasons we've explained, we
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`don't think they should be able to get in this last-minute
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`change, which is something different that they didn't
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`disclose before.
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`THE COURT: Do you have the actual transcript that
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`you can read me what exactly you're wanting to play?
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`MR. EICHMANN: Yes, sir. I can do two things. I
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`can actually play it or read it for you. When it plays, it
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`has the transcript, too, up there.
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`THE COURT: All right. How long is it?
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`MR. EICHMANN: Oh, both clips are less than 30
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`seconds, so it's 15 to 20 seconds.
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`THE COURT: Let's play it then.
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`(Video clip playing.)
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`QUESTION: Has Google ever considered locating the
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`servers for the Google Cloud Messaging Service exclusively
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`outside of the United States so that it could avoid
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`infringing SimpleAir's patents?
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`ANSWER: So we consider and we did move some
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`servers, not exclusively all, to some other countries. And
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`we did, but that's because of where the capacity is. That
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`was the only reason.
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`QUESTION: Has Google ever properly designed a
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`service so that foreign servers will be used to deliver data
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`or messages to U.S. devices as a matter of course, not just
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`as a backup, if the closer one goes down?
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`ANSWER: Could be. I -- I don't know about it.
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`QUESTION: Can you identify any time in which
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`that's ever happened?
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`ANSWER: I just said could be. I don't know about
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`it.
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`(End of video clip.)
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`MR. EICHMANN: That's it.
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`THE COURT: All right. Let me hear from the
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`Defendant.
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`MR. STOCKWELL: Your Honor, in both instances,
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`the jury is hearing this testimony in terms of ever,
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`could be, and ever happened. And, in fact, the
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`evidence, as we've made in our proffers, shows that
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`Google has moved its servers.
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`I mean, we think this is going to open the door.
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`Candidly, Your Honor, it's not really an objection as much
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`as if they play this clip, we think we should be able to
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`respond and show that, in fact, Google has moved its servers
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`overseas. If you listen to the language of the clip, we
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`think this opens the door.
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`THE COURT: All right. Well, the Court agrees
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`that if the Plaintiff plays the clip, they've opened the
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`door, and Defendants may show that they have, in fact, moved
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`the servers.
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`If the Defendant -- excuse me -- if the Plaintiff
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`elects not to play that, then the door's not opened. The
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`decision rests with the Plaintiff, all right?
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`MR. EICHMANN: Understood.
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`THE COURT: All right. Anything else we need to
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`take up before we bring in the jury, from the Plaintiff or
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`the Defendant?
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`MR. DOVEL: Nothing, Your Honor.
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`MR. STOCKWELL: Nothing, Your Honor.
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`THE COURT: All right. Let's bring in the jury,
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`Mr. McAteer.
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`COURT SECURITY OFFICER: Yes, sir.
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`(Jury in.)
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`THE COURT: Welcome back, ladies and gentlemen.
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`Be seated, please.
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`Ladies and gentlemen, I need to give you some
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`preliminary instructions before we proceed with the opening
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`statements from counsel and then get on to the evidence in
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`this case.
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`You have now been sworn as the jurors in this
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`case, and as the jury, you are the sole judges of the facts.
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`You will decide and determine what all the facts are in this
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`case. As a judge, I'll give you instructions on the law,
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`decide questions of law, procedure, and evidence as they
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`arise during the trial. And I will handle the flow of the
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`evidence and maintain the decorum of the courtroom.
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`At the end of the evidence, I'll give you a
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`detailed set of instructions about the law to apply in
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`deciding this case. And I'll also give you a list of
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`questions you are then to answer. This list of questions is
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`called the verdict form. Your answers to those questions
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`7
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`will need to be unanimous, and those answers will constitute
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`your verdict in this case.
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`I now want to tell you briefly about what this
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`case is about. This case involves a dispute relating to one
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`United States patent. I know that you've seen the patent
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`video, but I want to give you some detailed instructions
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`here and on the record about how a patent -- about a patent
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`and how one is obtained.
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`Patents are either granted or denied by the United
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`States Patent and Trademark Office, sometimes called, for
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`short, the PTO. A patent is a written document that
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`includes or ends with one or more numbered sentences. These
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`numbered sentences are called the claims of the patent. The
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`claims define the boundaries of what the patent protects and
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`give notice to the public of those boundaries.
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`A valid United States patent gives the patent
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`holder the right for up to 20 years from the date the patent
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`application was filed to prevent others from making, using,
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`offering to sell, or selling the patented invention with --
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`within the United States or from importing it into the
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`United States without the patent holder's permission.
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`A violation of the patent holder's rights is
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`called infringement. The patent holder may try to enforce a
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`patent against persons it believes to be infringers by a
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`lawsuit filed in federal court. That's what we have in this
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`8
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`case. The patent involved in this case is United States
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`Patent No. 7,035,914. For convenience, the parties and I
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`will often refer to this simply as the '914 patent.
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`The Plaintiff in this case is SimpleAir, Inc. The
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`Defendant in this case is Google, Inc. SimpleAir owns the
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`'914 patent, which is entitled A System and Method for
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`Transmission of Data. In this lawsuit, SimpleAir has
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`accused certain Google messaging services known as the
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`Google Cloud Messaging, or GCM, and the Android Cloud to
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`Device Messaging service, or C2DM, of infringing the '914
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`patent.
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`In January of this year, this Court presided over
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`a jury trial between SimpleAir and Google in which the jury
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`reached a unanimous verdict in favor of SimpleAir on the
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`issues of infringement and validity. The Court has accepted
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`the jury's verdict finding that Google infringes Claims 1,
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`2, 3, 7, and 22 of the '914 patent and that each of these
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`claims is not invalid.
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`However, the jury in the prior trial was unable to
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`reach a unanimous agreement on the amount of damages that
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`would fairly and reasonably compensate SimpleAir for
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`Google's infringing use of the '914 patent. As a result,
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`this trial will not be concerned with the issues of
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`infringement or validity. This trial will be focused solely
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`on the issue of money damages for Google's use of Claims 1,
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`2, 3, 7, and 22 of SimpleAir's '914 patent.
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`Your job is to decide what amount of money damages
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`are to be awarded to SimpleAir as compensation for Google's
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`infringement.
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`Now, my job in this case is to tell you what the
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`law is, handle procedure, oversee the conduct of the trial
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`as efficiently and effectively as possible. I will instruct
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`you later with more detail on the law of patent damages that
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`you should apply in considering the evidence.
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`Generally, a damages award should put SimpleAir in
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`approximately the same financial position that it would have
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`been in had the infringement not occurred, but in no event
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`may the damages award be less than what SimpleAir would have
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`received had it been paid a reasonable royalty for the use
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`of its patent.
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`A reasonable royalty is the amount of royalty
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`payment that SimpleAir and Google would have agreed to in a
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`hypothetical negotiation taking place at a time period just
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`prior to when the infringement first began, which in this
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`case is May of 2010.
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`The damages you award are meant to compensate
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`SimpleAir and not to punish Google. You may not decide --
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`you may not include in your award any additional amount as a
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`fine or a penalty above what is necessary to compensate
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`SimpleAir for the infringement.
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`SimpleAir has the burden to establish the amount
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`of its damages by a preponderance of the evidence. In other
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`words, you should award only those damages that SimpleAir
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`establishes that it more likely than not suffered by
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`Google's infringement.
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`Now, you're going to be hearing from a number of
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`witnesses in this trial, and I want you to keep an open mind
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`while you're listening to the evidence and not decide the
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`facts until you've heard all of the evidence. While the
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`witnesses are testifying, remember that you and you alone
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`will have to decide the degree of credibility and
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`believability to allocate to the witnesses and the evidence.
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`So while the witnesses are testifying, you should
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`be asking yourself questions like this:
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`Does the witness impress you as being truthful?
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`Does he or she have a reason not to tell the
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`truth?
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`Does he or she have any personal interest in the
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`outcome of the case?
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`Does the witness seem to have a good memory?
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`Did he or she have an opportunity and ability to
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`observe accurately the things they testified about?
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`Did the witness appear to understand the questions
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`clearly and answer them directly?
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`And, of course, does the witness' testimony differ
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`11
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`from that of another witness? And if it does, how does it
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`differ?
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`These are the kinds of things that you should be
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`thinking about while you're listening to each witness in the
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`case.
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`The court reporter in front of me is taking
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`down everything that's said during the trial, but the
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`written transcription of that will not be ready in time
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`for your use during your deliberations. That's prepared
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`in case there's an appeal of this case. So because of
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`that, you're going to have to rely on your memories of
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`the evidence.
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`In a moment, you're each going to be given a juror
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`notebook. One of the things in the back of that notebook is
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`a legal pad of blank pages for you to take notes upon. It's
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`up to each of you to decide whether or not you want to take
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`notes; and if so, how detailed you want those notes to be.
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`But, remember, those notes are for your own
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`personal use. You're going to have to rely on your memory
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`of the evidence, which is why you should pay close attention
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`to the testimony of each and every witness. You should not
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`abandon your own recollection because somebody else's notes
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`indicate something differently. Your notes are to refresh
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`your recollection, and that's the only reason you should be
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`keeping them.
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`I'm now going to ask Mr. McAteer, our court
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`security officer, to hand out those juror notebooks to each
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`of you.
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`In those notebooks, ladies and gentlemen, you'll
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`see that you have a copy of the '914 patent. You'll also
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`see that you have pages with witness photographs and names
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`for the witnesses that are going to testify in this case. I
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`think that we have a page in there for every witness who's
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`going to testify. If we find during the trial that we do
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`not, we may supplement those pages, if it becomes necessary.
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`When you leave the courthouse each day during the
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`trial, I'm going to ask you to leave those juror notebooks
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`on the table in the jury room. You should either have them
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`with you in the jury box as you do now, or they should be on
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`the table in the jury room when you leave for the day. But
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`they shouldn't be anywhere else.
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`Now, it is possible during the course of each
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`day's trial we'll take a short recess from time to time, and
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`I may tell you you may leave your notebooks in your juror
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`chairs there. But other -- other than the times I give you
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`specific instructions, they should either be in your
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`possession or on the table in the jury room.
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`Now, if you'll just put those down for a second,
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`you'll have plenty of time to look at those in greater
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`detail later. I want to give you my final instructions
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`13
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`before we hear the opening statements from the lawyers.
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`Each side is going to make an opening statement in
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`just a moment. You need to understand that each side's
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`opening statement is not evidence. What the lawyers tell
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`you is not evidence. It's simply their explanation of what
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`they hope and expect that the evidence will show. The
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`evidence in this case is the sworn testimony of the
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`witnesses, together with the exhibits that are admitted into
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`evidence for your consideration. That and that alone
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`constitutes the evidence in this case.
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`As the Plaintiff, SimpleAir has the burden of
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`proof on the damages issue by a preponderance of the
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`evidence. When a party has the burden of proof by a
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`preponderance of the evidence, it means that you, the jury,
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`must be persuaded by the credible or believable evidence
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`that the claim being made is more probably true than not
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`true. This is sometimes talked about as being the greater
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`weight and degree of credible testimony.
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`We just had jury selection earlier today. I gave
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`you the illustration about the scales of justice to describe
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`the preponderance of the evidence. I'm not going to go
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`through that again. I know that you all remember that.
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`But, again, preponderance of the evidence means that a claim
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`is more probably true than not true, the greater weight and
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`degree of credible testimony.
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`14
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`Now, I want to talk to you briefly about expert
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`witnesses. When knowledge of a technical or financial
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`subject matter may be helpful to you, the jury, a person who
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`has special training or experience in that particular
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`field -- we refer to as an expert witness -- is permitted to
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`testify to you about his or her opinions on technical or
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`financial matters.
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`However, you're not required to accept those
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`opinions at all. It's up to you to decide whether you
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`believe what the expert witnesses tell you or what any
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`witness tells you for that matter and whether you believe it
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`to be correct or incorrect.
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`I anticipate there will be expert witnesses
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`testifying in support of each side in this case, but it will
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`be up to you, the jury, to listen to their qualifications.
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`And when an expert -- expert witness gives you an opinion or
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`explains the basis for it, you will have to decide what they
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`have said and whether you believe it and what extent or
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`degree to any -- if any, that you want to give it any
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`weight.
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`Now, during the trial, I anticipate that you're
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`going to be also given testimony from what are called
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`depositions. In trials such as this, ladies and gentlemen,
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`it's nearly impossible to get every witness to appear
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`physically in open court. So before the trial begins, the
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`15
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`lawyers for each side take depositions of the witnesses.
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`In a deposition, they have a court reporter
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`present; the witness is there; the witness is sworn and
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`placed under oath just as if he or she were personally in
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`court; and the parties, through their counsel, ask them
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`questions and receive their answers. And it's all recorded.
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`Portions of these video recordings of these questions may be
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`played back to you as a part of this trial so that you can
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`see the witness and hear the testimony. That deposition
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`testimony is entitled to the same consideration by you, the
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`jury, in the same way as if the witness had been physically
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`present in open court and given the same testimony live from
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`the witness stand here.
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`Now, during the course of the trial, it is
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`possible that lawyers from either or both sides will make
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`objections from time to time. And I'll make rulings on
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`those objections. It's the duty of an attorney for each
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`side of the case to object when the other side offers
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`testimony or other evidence that attorney believes is not
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`proper. Upon allowing the testimony or other evidence to be
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`introduced over the objection of an attorney -- in other
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`words, if I overrule the objection -- the Court does not,
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`unless expressly stated, indicate an opinion as to the
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`weight or effect of that evidence.
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`As stated before, you, the jury, are the sole
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`judges of the credibility of all the witnesses and the
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`weight and effect to be given to all of the evidence.
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`It's possible that objections will arise during the course
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`of the trial. If I sustain an objection to a question
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`addressed to a witness, then you must disregard the question
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`entirely, and you may draw no inference from its wording or
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`speculate about what the witness would have said if they had
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`been permitted to answer the question.
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`Some evidence may be introduced for a limited
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`purpose. If I should instruct you that a particular item of
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`evidence has been admitted for a limited purpose, then you
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`must consider it only for that limited purpose and for no
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`other purpose.
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`If I overrule an objection, you should consider
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`the question and the answer just as if the objection had not
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`been made.
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`Also I'll pause now and remind you that we have
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`work going on in the other part of the courthouse. And
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`we're probably all going to hear noises during the course of
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`this trial that don't have anything to do with what's before
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`you, the jury. But don't let that distract you, and if they
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`get too loud, I'll take a break or pause.
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`During its -- during the trial also, ladies and
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`gentlemen, it's possible that one of the parties may ask the
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`Court to seal the courtroom. This could happen if some of
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`the evidence is of a highly considerable nature or
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`proprietary to one or more of the parties or some third
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`party. In that case, if the Court orders the courtroom
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`sealed, the general public will be asked to exit the
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`courtroom and remain outside of the courtroom while that
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`considerable or proprietary information is presented.
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`Sealing the courtroom will not affect your duty as
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`jurors. You are not to draw any inferences about the nature
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`of the evidence or give it any greater or lesser weight
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`based on whether or not it was presented when the courtroom
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`was sealed or not sealed.
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`Now, the law of the United States permits a United
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`States District -- United States District Judge to comment
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`to the jury on the evidence in the case. But those comments
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`are only an expression of the Judge's opinion as to the
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`facts. And the jury can disregard those comments in their
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`entirety, because as I've told you, you, the jury, are the
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`sole judges of the facts.
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`Whether or not I have that right to comment on the
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`evidence or not, I can tell you that if I did during voir
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`dire, I am going to work very hard through this trial so
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`that you do not have any idea of what I think about the
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`evidence. That's your decision and not mine.
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`Sometimes juries have been referred to as the
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`Supreme Court of the facts, and I think that's an accurate
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`phrase. You are the sole and only persons in this courtroom
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`who, at the end of this trial, will tell us what the facts
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`are or what the facts aren't.
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`We're going to get started with opening statements
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`in a few minutes, but before we do, I want to give you a
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`brief roadmap or timeline of how the trial will be conducted
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`and what you should expect.
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`After the opening statements, SimpleAir will
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`present its evidence in support of its damages contentions.
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`Google will then, after SimpleAir rests, present its
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`evidence on the issue of damages. And after that, after
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`Google rests, SimpleAir may put on additional evidence
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`responding to the evidence of Google. That additional
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`evidence from the Plaintiff is referred to as rebuttal
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`evidence, and that portion of the case is called the
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`rebuttal case.
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`SimpleAir's rebuttal evidence may respond to any
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`evidence offered by Google. At the end of the rebuttal
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`case, when SimpleAir rests, then all the evidence will have
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`been presented at that time. Then I will give you
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`additional and final instructions in this case. Then the
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`lawyers will present their closing arguments to you, the
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`jury. After that, you will retire to the jury room to --
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`to -- to deliberate on and reach your verdict in this case.
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`Again, your verdict must be unanimous.
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`Also, to repeat my earlier instructions to you,
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`you're not to discuss the case among yourselves during the
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`trial. Only when all of the evidence has been presented and
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`I instruct you to retire to the jury room to deliberate upon
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`your verdict only then may you discuss the evidence in this
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`case among each other -- among yourselves.
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`Also, I will remind you, as I did just before
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`lunch, counsel and the parties are instructed not to
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`communicate with the jurors so if you see them or pass them
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`in the hallway, don't consider any action on their part to
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`be rude or unfriendly. They're simply doing what the
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`Court's instructed them to do by not entering into
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`conversation or discussion with you.
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`All right. I will call for announcements on the
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`record at this time. What says the Plaintiff in the case of
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`SimpleAir versus Google?
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`MR. DOVEL: Your Honor, SimpleAir is ready to
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`proceed.
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`proceed.
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`THE COURT: What says the Defendant?
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`MS. AINSWORTH: Your Honor, Google is ready to
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`THE COURT: All right. If we have witnesses in
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`the courtroom that are prepared to testify in this case, I'm
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`going to ask that all of the witnesses come forward at this
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`time and be sworn as a group. If you'll all come forward,
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`our courtroom deputy will administer the oath -- oath to
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`you.
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`(Witnesses sworn.)
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`THE COURT: All right. Does either side wish to
`
`invoke the rule?
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`MR. DOVEL: Yes, Your Honor, we'd like to invoke
`
`the rule, except for experts and party representatives.
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`THE COURT: All right. The rule has been invoked,
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`except as to expert witnesses or party representatives. So
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`if you are a fact witness in this case, you're not a party
`
`representative or you're not an expert witness, then you
`
`should excuse yourself from the courtroom at this time and
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`you'll be brought in when it's appropriate for you to give
`
`your testimony.
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`Anyone that that applies to should exit the
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`courtroom at this time.
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`All right. We'll now proceed with opening
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`statements. First we'll hear from the Plaintiff.
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`Would you like a warning on your time, Mr. Dovel?
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`MR. DOVEL: Yes, Your Honor, I'd like a warning at
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`three minutes, please.
`
`THE COURT: All right. You may proceed.
`
`MR. DOVEL: Good afternoon.
`
`A patent is property. Google is using SimpleAir's
`
`patented property.
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`Now, Google's competitors, Apple and Microsoft,
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`also use SimpleAir's patent, but they paid Google for the
`
`right to use those. Google has refused to pay SimpleAir for
`
`the recommended patent. That's why we're here.
`
`THE COURT: Mr. Dovel, let's stop just a minute.
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`It's not fair for you to have to talk over that noise.
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`We'll try to find out if that's going to be 30 seconds or 30
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`minutes.
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`Let's wait until the Court Security Officer gets
`
`back and lets me know whether that's a break or otherwise,
`
`because if we don't find out, then as soon as you start
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`again, it will start back. So let's wait until I hear from
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`the Court Security Officer.
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`MR. DOVEL: Yes, Your Honor.
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`(Pause in the proceedings.)
`
`THE COURT: All right. Mr. Dovel, let's try
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`again. You've used about 30 seconds.
`
`MR. DOVEL: Thank you, Your Honor.
`
`Mr. Eichmann pointed out that I had misspoke when
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`I started. I said that Apple and Microsoft paid Google.
`
`What I should have said is that Apple and Microsoft paid
`
`SimpleAir for the right to use SimpleAir's patents. And
`
`we're going to prove to you how much Goggle should pay to
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`SimpleAir, and I'm going to do that using real world data,
`
`real world data showing you how much more Google infringes
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`than its competitors. How much Google's Android users value
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`the notification service based on real world data and real
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`world data showing you how much additional profits Google
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`has earned as a direct result of using SimpleAir's
`
`invention.
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`This data -- this data is going to be presented to
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`you by some top experts, and it's going to show you that the
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`royalties due to SimpleAir up through the end of last year
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`total between $126 million and $146 million.
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`Now, to get started, I want to tell you a little
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`bit about how Google uses SimpleAir's invention, just so you
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`have an overview of it.
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`This I've placed on the screen is a Google Android
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`phone, and what that means is it's -- it's a smartphone. It
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`has a computer inside of it that runs Android software --
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`Google's Android software. And on this Android software,
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`people can install apps, such as the -- this is an app for
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`ESPN, The Weather Channel, and CNN. And what's particularly
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`useful about these apps is that people can get notifications
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`about relevant information that relates to the app. For
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`example, here is a notification about a just completed
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`basketball game. That's from ESPN. Here's an example of a
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`weather alert from weather -- the weather channel. Here's
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`an example of a breaking news story from CNN about this
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`missing airliner and the latest news on that.
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`Now, the way that those notifications appear on
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`all of the Android phones is by using SimpleAir's patented
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`method. Google uses it. I've placed on the screen Claim 1.
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`That's one am of the claims that Google infringes, and it's
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`a method for providing notifications to -- to computer
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`devices. And it makes use of something called a central
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`broadcast server.
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`And let me just explain to you a little bit about
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`the patented central broadcast server method that Google
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`uses. The way it works is this. We have an example here of
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`CNN. They're an information source. And they've got
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`information that they think that this particular phone would
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`like -- user would like to get. But they don't have any
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`connection with that user. So they've got the story, an
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`update on this Malaysian airliner, but they don't have any
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`way to get it to the user directly. Well, what CNN can do
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`is they can make use of Google's Cloud Messaging Service.
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`This is a service that Google provides so that Android users
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`can be updated with additional information. This is
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`Google's central broadcast server.
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`Now, you're going to learn that there are two
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`infringing systems that Google has. This is one of them,
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`GCM. This is one they started in the middle of 2012 after
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`the lawsuit was filed against them. The -- they had another
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`one, C2DM, that they used before the lawsuit was filed
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`against them, but both of them infringe the patent.
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`Now, the way this works is CNN can send this
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`notification over to Google's system and then Google's
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`system can transmit, process, and address it. Why? Because
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`Google's system has a connection to this phone, a persistent
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`connection. So using this central broadcast server method,
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`even though CNN doesn't -- is not connected with the user,
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`the user doesn't -- is not connected to CNN, the user can
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`get information from CNN. In this case, here's the update
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`about Flight 370.
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`Now, Google doesn't just use this for CNN. They
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`use it for thousands of apps and for millions of Android
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`users for billions of notifications, literally over a
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`billion notifications per day. In the time it takes me to
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`say this sentence, Google infringes the patent over 100,000
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`times. They are a big infringer. The biggest infringer
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`around.
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`Now, we're also going to show you that Google
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`makes money from using SimpleAir's invention. Google and
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`its witnesses are going to tell you that Google doe

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