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`ION Exhibit 1017
`Transcript of Jury Trial 4:09-CV-01827
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`Pages numbered 1-5
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`Ex. PGS 1017
`(EXCERPTED)
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`Protective Order Material – Subject to Protective Order
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`5170
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`UNITED STI\TES DISTRICT COURT
`SOUTHERN DISTPICT OF TElA~S
`HOUSTON DIVISION
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`WESTEPNGECO LLC,
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`PIJUNTIFF,
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`vs.
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`TON GF.OPHYSTCA.T,
`CORPORATTON, FTJGRO
`INC., ET AL,
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`l3F:OTF:AJvT,
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`DEFENDANTS
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`4:U9-CV-U11:JZ/
`HOUSTON, TEXAS
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`VOLUiv!E 17
`AUGUST 15, 2012
`7:33 A.Ivl.
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`TKANSCE1Pl' or· uuKr TKlAL
`GEJCOFE TEE: 110\JO?ADL!': KJ<;ITII P. l':LLISON
`UNIT!':D STATES DISTRICT JUDGE
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`A P P EAR AN C E S:
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`FOR THE PLA.INTIFF:
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`Lee K. Kaplan
`Siv!YSER Kfl~PLAK & '\lESELKA LLP
`Bank of F1ner:ica Center:
`700 LouisiCHl3. 1 SLitc 2300
`Houston, Texas 77C02
`
`Gregg L LoCascio
`KIPKLAKD & ELLIS LLP
`655 Fiftee~th Street \Jcrthwest
`1i\;ashington, DC ?OOC5
`
`Sarah Tsou
`Timothy K. Gilmar~
`KIPKLru\D & ELLIS LLP
`Citigroup Center
`153 East 53rc Street
`Kew York, New York 1J022
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`75
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`Huyru Hulone, CSR, RHR, CRR
`muyramalorle@comcasL.net
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`WG-PGS00032913
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`Ex. PGS 1017
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`2
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`07:54
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`07:54
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`0 7 : 54
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`07:54
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`07:55
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`5186
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`Closing Arg-UJnent by Hr. LoCascio
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`He ultimately agrees with that.
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`ION has locc_tiC"Jn inforrnation in its
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`Ag-reed.
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`Ar~d ultimately that is winnowed down a~d
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`calculated cov.n into the fie angle'?
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`He says, yes, and he agreed that is transmitted
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`L.o L.he D.'t.g.i.FTNs.
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`After p~shing back and looking over the Court's
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`actual construction, what he was supposed to take into account,
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`!'1r. Brune said, okay, l used the Court's constructio:1, the fact
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`LhctL Lhe fi11 ctlll;le io; cctlculctLecJ [rum LhctL lucctLiun infumldLiun
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`satisfies Lhe claim or_d the claim is infringed?
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`Ar~d he say5, ye5, agreed. Mr. Brune agree:o that
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`under the Court's construction,
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`' a c:.r
`Jv' patent, ClaLrn 15, is
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`infringecJ.
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`Ar~d you heard from others, including Dr. Leo~ard,
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`Dr. Triantnfyllcm and otherco, who ngreec! wit~h thnt.
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`•c:.n1 vv' patent, this involves
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`predicting where the birds arc. You may rcmcrrbcr some
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`discussion about the Kalma.n filters and predictions.
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`Dr. Triantafyllou walkec ym: through each of t'lose limitations
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`and .shovv·ed that they V\rere rncr:.ching.
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`Tr~ere is no lvlr. Brune on this slide, a~d you may
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`remerrber why. Because on tris score, on the '607 patent,
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`75 whether or not TO!\ infringes, they don't dispute that they
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`Huyru Hulone, CSR, RHR, CRR
`muyramalorle@comcasL.net
`
`WG-PGS00032929
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`Ex. PGS 1017
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`3
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`07:55
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`07:55
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`07:56
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`07:56
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`07:56
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`ll7:5h
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`Closing Arg-UJnent by Hr. LoCascio
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`5187
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`infringe. You cover r.card a single ION witness, you certainly
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`ne'ler heard Mr. Brune under C"Jath say they don't
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`'E07 patent becau.se he knows it does infringe. And 30 instead
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`ot people are paying r.im trc:n ION, instead ot _,avlng an opinion
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`that says we infringe, he declines to comment on that.
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`You may rernerrber I said, sir, yo-J don't even
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`ofler a r:-ebuL.La.l opin.i.on on C.l.airn .15 ol u-.~e !607 paLenL.?
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`ALd his first answer was: Not i~ the testimony
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`today.
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`Ttat' s v,rhat it v:as like v;i th l'1r. Brune.
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`lt v:as a
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`lung afLernuun. Then l oclci, well, olr, yuu cildn!L uffer lL
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`before. You doL' L hil ve an opinion on tha L?
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`He agreed, okay, you are right_.
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`I don't_ have an
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`opinion.
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`They dor~' t O~fXJse it, but just to show you l:l
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`case if there is any questic~ in your mind, yo-1 remember
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`Dr. Leonn_rd went t_hr01:gh c_ll t_he soft_wn_re codce.
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`I t_ried t_o
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`keep up v;i th Dr. Lconar:C. c..s v;cll. 1\nd he VF:iS telling you about
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`prediction in ttere 500 times and he walked yo·-1 thro·-1gh
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`specifically some code langcage and showed you ION's system
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`knov,;s where the Di gi F'TN wcs and then tries to move it forward
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`1n a state to tell yoL v-,•here it
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`lvlr. lvlaccab said, the Kalman fii ter predicts the
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`positions of the DigiFIJ\ end, indeed, he says it predicts all
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`of their positions, not ever just some~
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`Huyru Hulone, CSR, RHR, CRR
`muyramalorle@comcasL.net
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`WG-PGS00032930
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`Ex. PGS 1017
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`4
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`07:56
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`07:57
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`07:57
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`07:57
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`07:58
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`Closing Arg-UJnent by Hr. LoCascio
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`5188
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`hr_d the patent is on top. This is Plaintiff's 3,
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`the '607
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`It ~akes clear in the specificatio~ that the
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`position predicter softwar-e is to estirnate the actual location
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`ot the bird::o.
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`Jvlr. Macnab,
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`i-::::' s as it he had already read it
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`and was reacy to tell you tf:ey infringed.
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`I said, you are
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`estirnating the actual locc_tion of the DigiFIN?
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`believe the DigiFIN positiOLS are in a given time.
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`QLe::otior_: Their actual locations as best yo-1 can
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`estLrnate
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`r-iqht?
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`'l'Lct L' o CULTec L.
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`Tta L' s what U-e '607 patenL covers.
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`T~~e CourL' s
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`construed iL It needs to Llt_imately have a pm3it_io:'l predicter
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`system and estimate v;tere tte birds
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`It is infringed.
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`They 6on't even offer you ctL expert that can oay the oppooite
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`becau::oe there are none.
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`Lac;t patent_ rc; the Zajac patent__ Claim 14 of t_he
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`the longest one, but fortunately for our
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`purpo::ocs, lvlr. Brune OLly disputes two limitations. It goes to
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`repeating over time a survey, keeping the streamers 't-~ith L-1e
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`same feather so you can get ::his time lapsed s-Jrvey to be a
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`better iiTage~
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`Tr_e two he coL-::::ests he doesn't really talk about
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`are the master control haviLg a command for issuing these
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`pos-it-ion-ing commands~ You rray not remember th-is one that much,
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`Huyru Hulone, CSR, RHR, CRR
`muyramalorle@comcasL.net
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`WG-PGS00032931
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`Ex. PGS 1017
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`5
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