Morgan, Lewis & Bockius LLP
`1111 Pennsylvania Avenue, NW
`Washington, DC 20004
`Tel. +1.202.739.3000
`Fax: +1.202.739.3001
`www.morganlewis.com
`
`Eric S. Namrow
`Partner
`+1.202.739.5296
`enamrow@morganlewis.com
`
`November 10, 2015
`
`The Honorable Thomas B. Pender
`Administrative Law Judge
`International Trade Commission
`500 E Street, S.W.
`Washington, D.C. 20436
`
`Re:
`
`Certain Audio Processing Hardware and Software and Products Containing Same,
`Inv. No. 337-TA-949
`
`Dear Judge Pender:
`
`I write on behalf of all of the parties with respect to the upcoming claim construction hearing
`scheduled for November 16-17. Following the completion of Markman briefing, the parties have
`conferred extensively in a cooperative effort to decrease the number of disputed claims and
`generally streamline the claim construction hearing. I am pleased to report that the parties have
`now agreed on constructions for the majority of the terms, dramatically reducing the number of
`disputed claim terms requiring construction by the Court by two-thirds.
`
`The following are the claim terms previously in dispute (and briefed in the parties’ claim
`construction papers) for which the private parties and the Staff have now come to agreement.
`
`‘345 Patent
`
`Claim Term
`
`Status
`
`Current Minimum Value
`
`Future Minimum Value
`
`No dispute: the parties have agreed to adopt the
`Staff’s construction
`
`No dispute: the parties have agreed to adopt the
`Staff’s construction
`
`Subtractor for subtracting said noise
`elements/subtracting said noise elements
`
`No dispute: Respondents have agreed to adopt
`the construction offered by Staff and Complainant
`
`Los Angeles Miami
`London
`Irvine
`Almaty Beijing Boston Brussels Chicago Dallas Dubai* Frankfurt Harrisburg Houston
`Moscow New York Palo Alto Paris Philadelphia Pittsburgh Princeton San Francisco Tokyo Washington Wilmington
`*In association with Mohammed Buhashem Advocates & Legal Consultants
`
`Petitioner Apple Inc.
`Ex. 1021, p. 1
`
`
`1111 Pennsylvania Avenue, NW
`Washington, DC 20004
`Tel. +1.202.739.3000
`Fax: +1.202.739.3001
`www.morganlewis.com
`
`Eric S. Namrow
`Partner
`+1.202.739.5296
`enamrow@morganlewis.com
`
`November 10, 2015
`
`The Honorable Thomas B. Pender
`Administrative Law Judge
`International Trade Commission
`500 E Street, S.W.
`Washington, D.C. 20436
`
`Re:
`
`Certain Audio Processing Hardware and Software and Products Containing Same,
`Inv. No. 337-TA-949
`
`Dear Judge Pender:
`
`I write on behalf of all of the parties with respect to the upcoming claim construction hearing
`scheduled for November 16-17. Following the completion of Markman briefing, the parties have
`conferred extensively in a cooperative effort to decrease the number of disputed claims and
`generally streamline the claim construction hearing. I am pleased to report that the parties have
`now agreed on constructions for the majority of the terms, dramatically reducing the number of
`disputed claim terms requiring construction by the Court by two-thirds.
`
`The following are the claim terms previously in dispute (and briefed in the parties’ claim
`construction papers) for which the private parties and the Staff have now come to agreement.
`
`‘345 Patent
`
`Claim Term
`
`Status
`
`Current Minimum Value
`
`Future Minimum Value
`
`No dispute: the parties have agreed to adopt the
`Staff’s construction
`
`No dispute: the parties have agreed to adopt the
`Staff’s construction
`
`Subtractor for subtracting said noise
`elements/subtracting said noise elements
`
`No dispute: Respondents have agreed to adopt
`the construction offered by Staff and Complainant
`
`Los Angeles Miami
`London
`Irvine
`Almaty Beijing Boston Brussels Chicago Dallas Dubai* Frankfurt Harrisburg Houston
`Moscow New York Palo Alto Paris Philadelphia Pittsburgh Princeton San Francisco Tokyo Washington Wilmington
`*In association with Mohammed Buhashem Advocates & Legal Consultants
`
`Petitioner Apple Inc.
`Ex. 1021, p. 1
`
`
`
`The Honorable Thomas B. Pender
`November 10, 2015
`Page 2
`
`‘637 Patent
`
`Claim Term
`
`Status
`
`Canceled
`
`No dispute: The parties have agreed to drop this
`term from construction
`
`’607 Patent
`
`Claim Term
`
`Status
`
`Main Signal
`
`Transform Function
`
`Band-limited
`
`Adaptively Filtering
`
`No dispute: Respondents have agreed to drop
`their position that this term is indefinite. The
`parties all agree on construction for this term.
`
`No dispute: Respondents have agreed to drop
`their position that this term is indefinite. The
`parties all agree on construction for this term.
`
`No dispute: The parties agree on a new
`construction of this term: “Signals limited to a
`band of frequencies that are a subset of
`frequencies of the original target and interference
`signals.”
`
`No dispute: Complainant has agreed to adopt the
`construction offered by Staff and Respondents
`
`The parties will be filing an Amended Joint Claim Construction Chart to reflect the newly
`agreed-upon constructions for each of these terms.
`
`The result of the parties’ agreement is that only four claim terms are now in dispute and require
`construction by the Court. The parties’ proposed constructions for each of these four terms
`remain unchanged from the claim construction briefs. The remaining terms in dispute are as
`follows:
`
`Petitioner Apple Inc.
`Ex. 1021, p. 2
`
`
`
`The Honorable Thomas B. Pender
`November 10, 2015
`Page 3
`
`Magnitude
`
`‘345 Patent
`
`‘607 Patent
`
`Interference Signal
`beam splitter for beam-splitting said target signal into a plurality of band-limited target signals and
`beam-splitting said interference signal into band-limited interference signals . . .
`beam-splitting said target signal into a plurality of band limited target signals; beam splitting said
`interference signal into band-limited interference signals . . .
`
`The parties believe that their diligent efforts to resolve the majority of the disputed claims in this
`investigation will help to simplify the claim construction hearing next week and assist the Court
`in construing the remaining claims.
`
`Please let me know if you require any further clarification with respect to the agreement between
`the parties.
`
`Sincerely,
`
`/s/ Eric S. Namrow
`Eric S. Namrow
`
`Counsel for Respondent Hewlett-Packard
`Company
`
`cc: All counsel of record
`
`Petitioner Apple Inc.
`Ex. 1021, p. 3
`
`
`
`United States International Trade Commission
`Investigation No. 337-TA-949
`In the Matter of
`CERTAIN AUDIO PROCESSING HARDWARE AND
`SOFTWARE AND PRODUCTS CONTAINING SAME
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a copy of the foregoing Letter to The Honorable Thomas B. Pender was
`served as indicated to the parties listed below, this 10th day November, 2015:
`
`The Honorable Lisa R. Barton
`SECRETARY
`U.S. INTERNATIONAL TRADE COMMISSION
`500 E Street SW, Room 112
`Washington, DC 20436
`
`The Honorable Thomas B. Pender
`ADMINISTRATIVE LAW JUDGE
`U.S. INTERNATIONAL TRADE COMMISSION
`500 E Street SW, Room 317-E
`Washington, DC 20436
`Attorney Advisor: Gregory Moldafsky
`gregory.moldafsky@usitc.gov
`
`Lisa Murray
`Investigative Attorney
`OFFICE OF UNFAIR IMPORT INVESTIGATIONS
`U.S. INTERNATIONAL TRADE COMMISSION
`500 E Street SW, Room 317
`Washington, DC 20436
`lisa.murray@usitc.gov
`
`Counsel for Complainant Andrea Electronics Corp.
`Goutam Patnaik
`PEPPER HAMILTON LLP
`600 Fourteenth Street NW
`Washington, DC 20005
`Pepper_Andrea_ITC@pepperlaw.com
`
`(Filed via EDIS)
`
`(Via Electronic Mail to
`Attorney Advisor and Two
`Courtesy Copies via Hand
`Delivery)
`
`(Via Electronic Mail)
`
`(Via Electronic Mail)
`
`Counsel for Respondents Acer Inc. and Acer America Corp.
`Craig Kaufman
`TECHKNOWLEDGE LAW GROUP LLP
`100 Marine Parkway, Suite 200
`Redwood Shores, CA 94065
`Acer.AndreaITC@tklg-llp.com
`
`(Via Electronic Mail)
`
`1
`
`Petitioner Apple Inc.
`Ex. 1021, p. 4
`
`
`
`United States International Trade Commission
`Investigation No. 337-TA-949
`In the Matter of
`CERTAIN AUDIO PROCESSING HARDWARE AND
`SOFTWARE AND PRODUCTS CONTAINING SAME
`
`Counsel for Respondents ASUSTeK Computer Inc. and
`ASUS Computer International
`Li Chen
`CHEN MALIN LLP
`1700 Pacific Avenue, Suite 2400
`Dallas, Texas 75201
`ChenMalin_Andrea_Litigation@chenmalin.com
`
`Counsel for Respondent Dell Inc.
`Jamie D. Underwood
`ALSTON & BIRD LLP
`The Atlantic Building
`950 F Street, NW
`Washington, DC 20004
`Dell-Andrea-All-337TA949@alston.com
`
`Counsel for Respondents Lenovo Holding Co., Inc. and
`Lenovo (United States) Inc.
`Fred I. Williams
`AKIN GUMP STRAUSS HAUER & FELD LLP
`600 Congress Avenue; Suite 1350
`Austin, TX 78701
`lenovoserviceandreaelectronics@akingump.com
`
`Counsel for Respondent Realtek Semiconductor Corp.
`Li Chen
`CHEN MALIN LLP
`1700 Pacific Avenue, Suite 2400
`Dallas, Texas 75201
`ChenMalin_Andrea_Litigation@chenmalin.com
`realtek@steptoe.com
`
`Counsel for Respondents Toshiba Corp. and
`Toshiba America Information Systems, Inc.
`Douglas F. Stewart
`BRACEWELL & GIULIANI LLP
`701 Fifth Avenue, Suite 6200
`Seattle, WA 98104
`Toshiba_Andrea_ITC@bgllp.com
`
`2
`
`(Via Electronic Mail)
`
`(Via Electronic Mail)
`
`(Via Electronic Mail)
`
`(Via Electronic Mail)
`
`(Via Electronic Mail)
`
`Petitioner Apple Inc.
`Ex. 1021, p. 5
`
`
`
`United States International Trade Commission
`Investigation No. 337-TA-949
`In the Matter of
`CERTAIN AUDIO PROCESSING HARDWARE AND
`SOFTWARE AND PRODUCTS CONTAINING SAME
`
`Counsel for Intervenor Waves Audio Ltd.
`Scott Denko
`DENKO COBURN LAUFF LLP
`3811 Bee Caves Road, Ste. 204
`Austin, Texas 78746
`Waves-Andrea_ITC@dcllegal.com
`
`Counsel for Intervenor Conexant Systems, Inc.
`James B. Altman, Esq.
`FOSTER, MURPHY, ALTMAN & NICKEL, PCLLP
`1899 l Street NW, Suite 1150
`Washington, Dc 20036
`FM-Conexant-949@fostermurphy.com
`Conexant-949@haynesboone.com
`
`(Via Electronic Mail)
`
`(Via Electronic Mail)
`
`/s/ Juanita Greenfield
`Juanita Greenfield
`MORGAN, LEWIS & BOCKIUS LLP
`
`3
`
`Petitioner Apple Inc.
`Ex. 1021, p. 6
`
`
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