`
`Transcript of Hearing
`
`Date: July 8, 2019
`Case: Google, LLC -v- Cywee Group, LTD (PTAB)
`
`Planet Depos
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`WORLDWIDE COURT REPORTING | INTERPRETATION | TRIAL SERVICES
`
`
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
` ____________________________________
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
` _____________________________________
` GOOGLE LLC, ZTE (USA), INC., SAMSUNG ELECTRONICS CO., LTD,
` HUAWEI DEVICE (DONGGUAN) CO. LTD., HUAWEI INVESTMENT &
` HOLDING CO. LTD., HUAWEI TECH. INVESTMENT CO. LTD., and
` HUAWEI DEVICE (HONG KONG) CO. LTD., Petitioner,
` V.
` CYWEE GROUP LTD,
` Patent Owner
` _____________________________________
` Case IPR2018-01257 (Patent 8,552,978 B2)
` Case IPR2018-01258 (Patent 8,441,438 B2)
` _____________________________________
`Before PATRICK M. BOUCHER, GIOVANNNI, and CHRISTOPHER L.
` OGDEN, Administrative Patent Judges.
`BOUCHER, Administrative Patent Judge.
` ORDER
` Conduct of the Proceedings
` 37 C.F.R. ยงยง 42.5
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`Transcript of Hearing
`Conducted on July 8, 2019
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`2
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`APPEARANCES:
` CECIL E. KEY, ESQUIRE
` DiMuro Ginsberg, P.C.
` 1101 King Street
` Suite 610
` Alexandria, Virginia 22314
` 703-289-5118
` ckey@dimuro.com
` -- on behalf of the Patent Owner (by phone)
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` MR. SMITH, ESQUIRE
` -- on behalf of the Petitioner
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`3
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` JUDGE BOUCHER: So just to reiterate, this
`is a call for a TR 2018-1257 and 1258. And also on
`the line with me are Judges Giovanni and Ogden.
`Because there's a court reporter, I just ask the
`parties to try and make sure that the court
`reporter knows who's speaking perhaps by saying
`your name if you interject at some point just so
`that we can try and maintain a clean transcript
`without any unneeded interruption by the -- by the
`reporter.
` So, Mr. Key, it was the patent owner who
`requested the call so why don't you begin and
`unwind for us what it is you want to talk about. I
`know it's with respect to a motion to terminate the
`proceedings for failure to name all real parties in
`interest and maybe also Privy's. But if you could
`just kind of set forth the full context for us, we
`would appreciate that.
` MR. KEY: Yes, Your Honor, and thank you
`for your time today. As the Board may recall,
`there are a series of parties that have some --
`some commonality that are relevant to these IPRs.
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`They are all parties have been accused of
`infringing the 438 and 978 patents that are the
`subject of the current IPRs. The accused product
`are all based on the -- or used the Android
`operating system, which we understand is under
`license from Google to the other parties, and the
`Android operating system serves as a substantial
`basis for the infringement claims.
` And as we have -- you noted before, there
`are certain relationships between and among these
`parties, and we believe that those -- the facts and
`circumstances surrounding those relationships
`justify a motion to terminate for failure to name
`an RPI of Privy. And for example, we know now that
`in a series of related RPIs brought against the
`same patent, LG, who is one of those parties, has
`admitted they have an RPI relationship with Google,
`with Huawei and with ZTE, all of whom are these --
`one of these Android parties, and that can be found
`in IPR 2019-559 paper one at five; IPR 2019-560
`paper one at three; IPR 2019-1203 paper one at one.
`And of course with these IPRs, Google has admitted
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`that Huawei is an RPI.
` So there's clearly admitted RPI
`relationships between and among them. LG was time
`barred as of the time that Google brought this --
`the current IPRs, and as a result under 315(b),
`it's patent holder's position that Google was also
`time barred and failed to identify the time barred
`real party in interest, at least LG and maybe
`others.
` We think the facts and circumstances here
`in addition sounding these admissions including
`some agreements we brought to the Board's attention
`before further support this -- this point, and --
`and there also seems to be a pattern of all of
`these Android parties acting in concert. In this
`case, there's been a total of 12 petitions filed by
`Google, LG, Huawei and CTE, and that's happened
`before. In the Seven Networks cases, which I
`believe Your Honor is familiar with, Google filed
`16 petitions followed by Samsung with 10, and four
`petitions to join followed by ZTE and four
`petitions to join. So there's clearly to what we
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`believe is a clear reference, there is a
`preexisting legal relationship between these
`parties directly related to the technology at
`issue, and that they are all clear beneficiaries.
` The important point is that at least one
`and maybe more of these parties is time barred, and
`as a result, under the Federal Circuit's case law
`and under 315(b), we believe that there's
`sufficient basis to dismiss the petitions in their
`entirety, and we want the opportunity to file the
`motion with the Board, get it briefed so that it
`can become part of the trial in September.
` JUDGE BOUCHER: Okay. Mr. -- Mr. Key,
`this is -- this is Judge Boucher. And I guess one
`question I have is: Do -- do you have any evidence
`at this time with respect to the real party in
`interest issue that you did not have when we
`previously discussed the motion for additional
`discovery?
` MR. KEY: I'm not sure, your Honor, about
`the -- the admissions from -- from LG in the -- in
`the petitions. I would have to double check the
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`dates on that. Some of the evidence was there, but
`I believe at least one of the ZTE IPRs, the LG
`admission may have come up since then.
` JUDGE BOUCHER: Okay. Mr. Smith, can we
`hear your response, please?
` MR. SMITH: Yes, Judge Boucher, thank you.
`First of all, with respect to evidence beyond the
`motion for additional discovery, I think everything
`has been presented before and looked at by the
`Board for with possibly the exception of the
`discussion in the LG petition, but the base case is
`they really don't go beyond what the Board's stand
`is on the Seven Networks case is bonding there be a
`customer-supplier relationship and not a
`relationship that would give rise to a real party
`interest as between Google and, for example,
`Samsung.
` With respect to the LG petition filing, I
`think it's important to note that LG filed three
`petitions, two of which sought to join preexisting
`Google petitions, and one of which sought to join a
`preexisting ZTE petition. In the petitions filed
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`by LGE sought to join preexisting Google petitions,
`LG named LG entities as real parties in interest,
`and then named as real parties in interest the
`entities in the original petitions without naming
`ZTE, and then ZTE petitioned. In other words, the
`LG petitioner sought to join the original ZTE
`petition. LG did something corresponding naming
`parties as real parties in interest that were named
`in the original ZTE petition but not naming Google
`and Huawei. Why LGE -- why LG did that, I'm not
`entirely sure, but it does perhaps adjust within
`reason.
` I don't think it's indicative of a
`relationship between the parties. And in any case,
`the Board has consistently held, I think, that the
`RPI question is about the relationship between the
`party and proceeding, and not necessarily the
`relationship between parties in the process that's
`really a question of how a party relates to a
`proceeding. So I don't think it's accurate to say
`that LG has submitted an RPI relationship that we
`have been talking about the specific facts and
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`circumstances of their proceeding, and I don't know
`what they are thinking when they actually make that
`designation, so I can't speak to that directly.
` JUDGE BOUCHER: Okay. This is Judge
`Boucher, and I just wanted to ask Mr. Smith at this
`point right now, we are not really looking at the
`merits necessarily, but whether to authorize the
`motion. And it seems to me fair to say that both
`the Board and the Federal Circuit have recently
`been focusing a fair bit of attention on real party
`in interest issues. Why would it -- why would it
`not be appropriate that these two authorize the
`motions so that we can get the arguments on the
`record for this -- for this case? I mean, I have a
`lot of parties involved, I think. You know, just
`the ones that I'm certain immediately were, and I
`think there are 13 IPRs involving these various
`entities so go ahead, please.
` MR. SMITH: Yes, Your Honor. Certainly
`that's within your discretion to order or to not
`order. Our belief is that it's simply not worth
`the parties' time given what society has brought
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`forward does involve substantial amounts of
`extensive bandwidth to respond to these types of
`things.
` So our position on that is it does take a
`considerable amount of time and bandwidths to
`respond to a motion like this unless we bring
`something more substantial than what was brought
`forward and examined by the Board in the Seven
`Networks case is not worth focusing on.
` JUDGE BOUCHER: Okay. Mr. Key, I want to
`give you an opportunity to respond before I confer
`with the panel about what action they will take.
` MR. KEY: Thank you, Your Honor.
` JUDGE BOUCHER: I guess my question is why
`isn't Mr. Smith right that the evidence he pointed
`to is really a little bit soft, and in particular,
`you know, even when the LG case is identifying
`other real other parties in interest, it does not
`necessarily suggest that that extends to all of the
`parties that are involved with -- with these
`particular patents, but if you can just give us
`some sense of how you view that particular issue, I
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`think it might be helpful.
` MR. KEY: Yes, Your Honor. So first of
`all, at the end of the day, it remains the
`Petitioner's burden to show that they have
`identified all of the real parties in interest, and
`what we need to do, our job here is to raise a
`substantial question, and we think that is raised.
`And we don't think that there's anything that's
`been ruled on before that actually is dispositive
`here. We strongly disagree with that.
` For example, in the motion to -- for
`further discovery, the issue there additionally was
`just that, further discovery. There was -- the
`Board denied the motion because of timeliness
`issues that are not present here because in the
`Vintex decision, which is IPR 2017-651 paper 73 at
`three note two, it's already been found that the --
`the time bar is not a waivable issue so it is not
`something that is subject to worrying about the --
`the timing issues. And also in the prior motion,
`the question was breadth of request. That is not
`an issue here. We are putting what we want to do
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`is brief and put the whole picture before the
`Board, the facts and circumstances before the
`Board, and I believe that the -- the RPI issue is
`-- is so important and with the issues somewhat
`influx, even the Supreme Court is looking at
`another -- taking another look at issues around
`time bar, et cetera. We think it -- it should be
`-- we should have the ability to bring it forward.
`And remembering that that prior motion was not a
`ruling on the substance, it was just a ruling on --
`on the appropriateness of the additional discovery.
` And in terms of the substance, I would
`note in that case, one of the critical facts was
`that the agreement at issue between Google and
`Samsung did not -- indemnification did not relate
`to the technology at issue. That same agreement
`relates directly to the knowledge at issue here.
`And so we think the facts are -- we don't think
`it's weak evidence. We think it's all the facts
`and -- and circumstances, and that -- and that we
`present all the facts and circumstances, I'll be
`honest with you, it starts to jump off the page
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`that we had a group here that acts in concert that
`-- and clearly have a preexisting legal
`relationship, we know that, and they have a mutual
`benefit in -- in attacking these patents. So we
`think LG's statements are not just some throw away,
`and they have been made at multiple IPRs. I think
`that has to be noted. We've been very consistent.
`So we now have a pattern that we -- we want to put
`forward. Let's make it part of the trial because
`this issue is too important not to.
` JUDGE BOUCHER: Okay. Mr. Key, if we were
`to authorize the motion, what sort of timing and
`page length would you have in mind for the -- for
`the motion?
` MR. KEY: In terms of timing, I believe we
`would be ready to file it by the end of the week.
`In terms of page lengths, I think we would ask that
`it just be the -- the normal page lengths for
`motions. I don't know that we need all the pages,
`but I don't think that we necessarily need to be
`truncated.
` JUDGE BOUCHER: Okay. And I think that's
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`14
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`15 pages. Mr. Smith, Mr. Key actually said a
`little bit more than I anticipated. I don't want
`you to feel shortchanged in presenting your
`arguments. I do want to give you a chance to
`address the additional things that he might have
`raised in his response there.
` MR. SMITH: Yes. Thank you, Your Honor, I
`appreciate that. Just a couple of quick points.
`One is I don't think there's any evidence that the
`party is acting in concert. There were a large
`number of patents involved in the Seven Networks
`cases and have a large number of proceedings. In
`this case, there are more proceedings but people
`trying to join the original proceeding. I also
`wanted to point out that the citations of Vintex
`about RPI being an ongoing issue is to -- a conduct
`of the preceding order, not to be a presidential
`order that was later found to be presidential by
`the P tab.
` With respect to timing, I would like to
`ask for a little bit more time than what Mr. Key is
`asking for that the Board should authorize the
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`order. I mean, obviously, that's why we note
`that's going to file it since it's been preparing
`it, but until we know the context of that and what
`we have to respond to and, you know, what sort of
`evidence we might have to gather, if any, that, you
`know, I think is something that publically can't be
`done. A week, and we might be stretching it to two
`weeks.
` I don't know if there's a rush for this.
`That's probably something the Board would decide in
`the final written decision that's been authorized
`in the motion anyway, but I just wanted to point
`that out; that that timeline is probably not
`realistic for a response if the Board wants to
`support the motion.
` JUDGE BOUCHER: Okay. What would be a
`realistic timeline from your perspective?
` MR. SMITH: I can't actually say, Your
`Honor, until we see what's in the motion, but my
`guess would be about three weeks.
` JUDGE BOUCHER: Okay. Mr. Key, if -- if
`you didn't allow the Petitioner three weeks to
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`respond to opposing motion, would that affect how
`much time you thought you would need to prepare the
`motion in the first instance?
` MR. KEY: No. I don't believe it would,
`Your Honor, and we are more than happy to work with
`Petitioner's counsel on a schedule so that it's
`going to be cued up for the -- for the trial. We
`think there's plenty of opportunity to try and do
`that. That's not going to be an issue for us.
` JUDGE BOUCHER: Okay. I'm going to pause
`for a moment here to consult with the panel, and I
`will be back in just a couple minutes.
` MR. KEY: Thank you, Your Honor.
`
` * * * * * *
` (Whereupon, the proceedings went off the
` record from 2:49 p.m. to 2:50 p.m.)
` * * * * * *
` JUDGE BOUCHER: Okay. So the panel has
`conferred. We are going to authorize the motion
`that the patent owner proposes subject to the
`normal page limits that are set forth in the
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`regulations. Given that there's some issue with
`respect to timing, I think we would prefer to allow
`the parties to talk about the specific timing of
`that -- of how the -- the timing along which the
`briefing could be completed with respect to a
`motion position and a reply. And if the parties
`could meet and confer and let us know within a
`couple days, then after that, we will send an order
`setting forth the -- the schedule. Probably, you
`know, if you can come to some kind of agreement,
`then we will probably just adopt the schedule that
`you propose. If you can't come to some kind of
`agreement, then we will obviously come up with our
`own schedule.
` Are there any questions about that, Mr. Key?
` MR. KEY: No, Your Honor. It's very
`clear, thank you.
` JUDGE BOUCHER: Okay. Mr. Smith, are
`there any questions about that?
` MR. SMITH: No, thank you, Your Honor.
` JUDGE BOUCHER: Okay. Mr. Smith, I did
`have one unrelated question to raise. The -- we
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`have -- in these proceedings, we have pending pro
`hac motions for admission, I think, of Mr. Shore.
`Does the Petitioner oppose those or have any
`intention of opposing them? I don't -- I don't
`think the motions themselves indicated whether or
`not the patent owner had conferred, and they
`represent that the Petitioner did not oppose those
`motions.
` MR. SMITH: Yes, Your Honor. We certainly
`conferred about that. Ultimately, we chose not to
`oppose the motions as long as the patent owner's
`counsel, you know, is willing to abide by all of
`the Board's rules and regulations.
` JUDGE BOUCHER: Okay. Is there anything
`else that either party wants to raise before we
`conclude? Mr. Smith?
` MR. SMITH: No, thank you, Your Honor.
` JUDGE BOUCHER: Okay. And Mr. Key?
` MR. KEY: No, Your Honor. Thank you.
` JUDGE BOUCHER: Okay. So I will not send
`out an order yet. I will wait until we hear the
`results of your conference about -- with respect to
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`the timing of the briefing of the motion. And
`after that, I will send an order. And just a
`reminder, like I mentioned in the beginning, Mr.
`Key, if you can make the transcript of record in
`the proceeding as soon as you have it, please. And
`with that, we are adjourned. Thank you.
` MR. KEY: Thank you, Your Honor.
` MR. SMITH: Thank you.
` COURT REPORTER: Who will be ordering a
`transcript?
` MR. KEY: Patent owner. This is Cecil
`Key. The patent owner will be ordering a
`transcript.
` * * * * * *
` (Whereupon, the proceedings concluded at
` 2:53 p.m.)
` * * * * * *
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` C E R T I F I C A T E
`
` I HEREBY CERTIFY that the proceedings and
` evidence are contained fully and accurately in the notes of
` testimony taken by me in the proceedings of the above
` cause, and that this is a true and correct transcript
` thereof.
`
`DATE: 7/20/19
`
`
` Ken A. Regan
` Court Reporter
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`
`
`21
`
`back
`16:12
`bandwidth
`10:2bandwidths
`10:5bar
`11:18, 12:7
`barred
`5:4, 5:7, 6:6
`base
`7:11based
`4:4basis
`4:8, 6:9
`because
`3:4, 11:14,
`11:15, 13:9
`become
`6:12been
`4:1, 5:16, 7:9,
`8:22, 9:10,
`11:9, 11:17,
`13:6, 13:7,
`15:2, 15:11
`before
`1:3, 1:16, 4:9,
`5:13, 5:18, 7:9,
`10:11, 11:9,
`12:1, 12:2,
`18:15
`begin
`3:12beginning
`19:3behalf
`2:9, 2:12
`being
`14:16
`belief
`9:21believe
`4:11, 5:19,
`6:1, 6:8, 7:2,
`12:3, 13:15,
`16:4
`
`Transcript of Hearing
`Conducted on July 8, 2019
`admissions
`anticipated
`5:11, 6:21
`14:2any
`admitted
`4:17, 4:22, 5:2
`3:9, 6:15,
`adopt
`8:14, 14:9,
`15:5, 17:15,
`17:11
`affect
`17:19, 18:3
`anything
`16:1after
`11:8, 18:14
`anyway
`17:8, 19:2
`against
`15:12
`appeal
`4:15agreement
`1:3appearances
`12:14, 12:16,
`2:1appreciate
`17:10, 17:13
`agreements
`3:18, 14:8
`5:12ahead
`appropriate
`9:12appropriateness
`9:18alexandria
`12:11
`2:6all
`arguments
`9:13, 14:4
`3:15, 4:1, 4:4,
`around
`4:18, 5:14, 6:4,
`7:7, 10:19,
`12:6ask
`11:3, 11:5,
`12:19, 12:21,
`3:4, 9:5,
`13:19, 18:12
`13:17, 14:21
`allow
`asking
`15:22, 17:2
`14:22
`along
`attacking
`17:4already
`13:4attention
`11:17
`5:12, 9:10
`also
`authorize
`3:2, 3:16, 5:6,
`9:7, 9:12,
`5:14, 11:20,
`13:12, 14:22,
`14:14
`16:20
`among
`authorized
`4:10, 5:3
`15:11
`amount
`away
`10:5amounts
`13:5
`10:1android
`4:4, 4:7, 4:19,
`5:15another
`12:6
`
`:5, 6:8
`b2
`1:13, 1:14
`
`B
`
`b5
`
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`A
`
`abide
`18:12
`ability
`12:8about
`3:13, 6:20,
`8:16, 8:22,
`10:12, 11:19,
`14:16, 15:20,
`17:3, 17:15,
`17:19, 18:10,
`18:22
`above
`20:5accurate
`8:20accurately
`20:4accused
`4:1, 4:3
`acting
`5:15, 14:10
`action
`10:12
`acts
`13:1actually
`9:2, 11:9,
`14:1, 15:18
`addition
`5:11additional
`6:18, 7:8,
`12:11, 14:5
`additionally
`11:12
`address
`14:5adjourned
`19:6adjust
`8:11administrative
`1:17, 1:18
`admission
`7:3, 18:2
`
`
`
`beneficiaries
`6:4benefit
`13:4between
`4:10, 5:3, 6:2,
`7:16, 8:14,
`8:16, 8:18,
`12:14
`beyond
`7:7, 7:12
`bit
`9:10, 10:16,
`14:2, 14:21
`board
`1:3, 3:20,
`6:11, 7:10,
`8:15, 9:9, 10:8,
`11:14, 12:2,
`12:3, 14:22,
`15:10, 15:14
`board's
`5:12, 7:12,
`18:13
`bonding
`7:13both
`9:8boucher
`1:16, 1:18,
`3:1, 6:13, 6:14,
`7:4, 7:6, 9:4,
`9:5, 10:10,
`10:14, 13:11,
`13:22, 15:16,
`15:21, 16:10,
`16:19, 17:18,
`17:21, 18:14,
`18:18, 18:20
`breadth
`11:21
`brief
`12:1briefed
`6:11briefing
`17:5, 19:1
`bring
`10:6, 12:8
`
`brought
`4:15, 5:4,
`5:12, 9:22, 10:7
`burden
`11:4
`C
`call
`3:2, 3:12
`can
`3:8, 4:19,
`6:12, 7:4, 9:13,
`10:21, 17:10,
`19:4can't
`9:3, 15:6,
`15:18, 17:12
`case
`1:13, 1:14,
`5:16, 6:7, 7:11,
`7:13, 8:14,
`9:14, 10:9,
`10:17, 12:13,
`14:13
`cases
`5:18, 14:12
`cause
`20:6cecil
`2:2, 19:11
`certain
`4:10, 9:16
`certainly
`9:19, 18:9
`certify
`20:3cetera
`12:7chance
`14:4check
`6:22chose
`18:10
`christopher
`1:16circuit
`9:9
`
`Transcript of Hearing
`Conducted on July 8, 2019
`circuit's
`6:7circumstances
`4:12, 5:10,
`9:1, 12:2,
`12:20, 12:21
`citations
`14:15
`ckey@dimuro
`2:8claims
`4:8clean
`3:8clear
`6:1, 6:4, 17:17
`clearly
`5:2, 5:22, 13:2
`com
`2:8come
`7:3, 17:10,
`17:12, 17:13
`commonality
`3:22completed
`17:5concert
`5:15, 13:1,
`14:10
`conclude
`18:16
`concluded
`19:15
`conduct
`1:20, 14:16
`confer
`10:11, 17:7
`conference
`18:22
`conferred
`16:20, 18:6,
`18:10
`considerable
`10:5consistent
`13:7consistently
`8:15
`
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`22
`
`consult
`16:11
`contained
`20:4context
`3:17, 15:3
`correct
`20:6corresponding
`8:7could
`3:16, 17:5,
`17:7counsel
`16:6, 18:12
`couple
`14:8, 16:12,
`17:8course
`4:22court
`3:4, 3:5, 12:5,
`19:9, 20:13
`critical
`12:13
`cte
`5:17cued
`16:7current
`4:3, 5:5
`customer-supplier
`7:14cywee
`1:10
`date
`20:9dates
`7:1day
`11:3days
`17:8decide
`15:10
`decision
`11:16, 15:11
`
`D
`
`
`
`denied
`11:14
`designation
`9:3device
`1:6, 1:8
`did
`6:17, 8:7,
`8:10, 12:15,
`17:21, 18:7
`didn't
`15:22
`dimuro
`2:3directly
`6:3, 9:3, 12:17
`disagree
`11:10
`discovery
`6:19, 7:8,
`11:12, 11:13,
`12:11
`discretion
`9:20discussed
`6:18discussion
`7:11dismiss
`6:9dispositive
`11:9does
`8:11, 10:1,
`10:4, 10:18,
`18:3don't
`3:12, 7:12,
`8:13, 8:20, 9:1,
`11:8, 12:18,
`13:19, 13:20,
`14:2, 14:9,
`15:9, 16:4, 18:4
`done
`15:7dongguan
`1:6double
`6:22
`
`Transcript of Hearing
`Conducted on July 8, 2019
`failure
`E
`3:15, 4:13
`fair
`9:8, 9:10
`familiar
`5:19federal
`6:7, 9:9
`feel
`14:3file
`6:10, 13:16,
`15:2filed
`5:16, 5:19,
`7:19, 7:22
`filing
`7:18final
`15:11
`first
`7:7, 11:2, 16:3
`five
`4:20focusing
`9:10, 10:9
`followed
`5:20, 5:21
`forth
`3:17, 16:22,
`17:9forward
`10:1, 10:8,
`12:8, 13:9
`found
`4:19, 11:17,
`14:18
`four
`5:20, 5:21
`from
`4:6, 6:21,
`15:17, 16:17
`full
`3:17fully
`20:4further
`5:13, 11:12,
`
`either
`18:15
`electronics
`1:5else
`18:15
`end
`11:3, 13:16
`entirely
`8:11entirety
`6:10entities
`8:2, 8:4, 9:18
`esquire
`2:2, 2:11
`et
`12:7even
`10:17, 12:5
`everything
`7:8evidence
`6:15, 7:1, 7:7,
`10:15, 12:19,
`14:9, 15:5, 20:4
`examined
`10:8example
`4:14, 7:16,
`11:11
`exception
`7:10extends
`10:19
`extensive
`10:2
`F
`facts
`4:11, 5:10,
`8:22, 12:2,
`12:13, 12:18,
`12:19, 12:21
`failed
`5:7
`
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`23
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`G
`
`11:13
`gather
`15:5get
`6:11, 9:13
`ginsberg
`2:3giovanni
`3:3giovannni
`1:16give
`7:15, 10:11,
`10:21, 14:4
`given
`9:22, 17:1
`go
`7:12, 9:18
`going
`15:2, 16:7,
`16:9, 16:10,
`16:20
`1:5, 4:6, 4:17,
`4:22, 5:4, 5:6,
`5:17, 5:19,
`7:16, 7:21, 8:1,
`8:9, 12:14
`group
`1:10, 13:1
`guess
`6:14, 10:14,
`15:20
`H
`hac
`18:2had
`13:1, 18:6
`happened
`5:17happy
`16:5has
`4:16, 4:22,
`7:9, 8:15, 8:21,
`
`
`
`9:22, 13:7,
`16:19
`have
`3:21, 4:1, 4:9,
`4:17, 6:15,
`6:17, 6:22, 7:3,
`8:22, 9:9, 9:14,
`11:4, 12:8,
`13:2, 13:3,
`13:6, 13:8,
`13:13, 14:5,
`14:12, 15:4,
`15:5, 17:22,
`18:1, 18:3, 19:5
`hear
`7:5, 18:21
`held
`8:15helpful
`11:1here
`5:10, 11:6,
`11:10, 11:15,
`11:22, 12:17,
`13:1, 16:11
`hereby
`20:3his
`14:6holder's
`5:6holding
`1:7honest
`12:22
`hong
`1:8honor
`3:19, 5:19,
`6:20, 9:19,
`10:13, 11:2,
`14:7, 15:19,
`16:5, 16:13,
`17:16, 17:20,
`18:9, 18:17,
`18:19, 19:7
`how
`8:19, 10:22,
`
`Transcript of Hearing
`Conducted on July 8, 2019
`investment
`16:1, 17:4
`huawei
`1:6, 1:7
`involve
`1:6, 1:7, 1:8,
`4:18, 5:1, 5:17,
`10:1involved
`8:10
`I
`9:15, 10:20,
`i'll
`14:11
`involving
`12:21
`identified
`9:17ipr
`11:5identify
`1:13, 1:14,
`4:20, 4:21,
`5:7identifying
`11:16
`iprs
`10:17
`3:22, 4:3,
`immediately
`4:22, 5:5, 7:2,
`9:16important
`9:17, 13:6
`isn't
`6:5, 7:19,
`10:15
`12:4, 13:10
`issue
`inc
`6:4, 6:17,
`1:5including
`10:22, 11:12,
`11:18, 11:22,
`5:11indemnification
`12:3, 12:14,
`12:16, 12:17,
`12:15
`13:10, 14:16,
`indicated
`16:9, 17:1
`18:5indicative
`issues
`9:11, 11:15,
`8:13influx
`11:20, 12:4,
`12:6it's
`12:5infringement
`3:14, 5:6,
`4:8infringing
`7:19, 8:13,
`8:20, 9:21,
`4:2instance
`11:17, 12:19,
`15:2, 16:6,
`16:3intention
`17:16
`J
`18:4interest
`job
`11:6join
`3:16, 5:8,
`6:17, 7:16, 8:2,
`5:21, 5:22,
`8:3, 8:8, 9:11,
`7:20, 7:21, 8:1,
`10:18, 11:5
`8:6, 14:14
`interject
`judge
`3:7interruption
`1:18, 3:1,
`3:9
`
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`
`24
`
`K
`
`6:13, 6:14, 7:4,
`7:6, 9:4, 10:10,
`10:14, 13:11,
`13:22, 15:16,
`15:21, 16:10,
`16:19, 17:18,
`17:21, 18:14,
`18:18, 18:20
`judges
`1:17, 3:3
`jump
`12:22
`just
`3:1, 3:4, 3:7,
`3:17, 9:5, 9:15,
`10:21, 11:13,
`12:10, 13:5,
`13:18, 14:8,
`15:12, 16:12,
`17:11, 19:2
`justify
`4:13
`ken
`20:12
`key
`2:2, 3:11,
`3:19, 6:13,
`6:20, 10:10,
`10:13, 11:2,
`13:11, 13:15,
`14:1, 14:21,
`15:21, 16:4,
`16:13, 17:15,
`17:16, 18:18,
`18:19, 19:4,
`19:7, 19:11,
`19:12
`kind
`3:17, 17:10,
`17:12
`king
`2:4know
`3:14, 4:14,
`9:1, 9:15,
`10:17, 13:3,
`
`
`
`13:19, 15:3,
`15:4, 15:6,
`15:9, 17:7,
`17:10, 18:12
`knowledge
`12:17
`knows
`3:6kong
`1:8
`L
`large
`14:10, 14:12
`later
`14:18
`law
`6:7least
`5:8, 6:5, 7:2
`legal
`6:2, 13:2
`length
`13:13
`lengths
`13:17, 13:18
`let
`17:7let's
`13:9lg
`4:16, 5:3, 5:8,
`5:17, 6:21, 7:2,
`7:11, 7:18,
`7:19, 8:2, 8:6,
`8:7, 8:10, 8:21,
`10:17
`lg's
`13:5lge
`8:1, 8:10
`license
`4:6like
`10:6, 14:20,
`19:3limits
`16:22
`
`Transcript of Hearing
`Conducted on July 8, 2019
`moment
`16:11
`more
`6:6, 10:7,
`14:2, 14:13,
`14:21, 16:5
`motion
`3:14, 4:13,
`6:11, 6:18, 7:8,
`9:8, 10:6,
`11:11, 11:14,
`11:20, 12:9,
`13:12, 13:14,
`15:12, 15:15,
`15:19, 16:1,
`16:3, 16:20,
`17:6, 19:1
`motions
`9:13, 13:19,
`18:2, 18:5,
`18:8, 18:11
`much
`16:2multiple
`13:6mutual
`13:3
`N
`name
`3:7, 3:15, 4:13
`named
`8:2, 8:3, 8:8
`naming
`8:4, 8:7, 8:9
`necessarily
`8:17, 9:7,
`10:19, 13:20
`need
`11:6, 13:19,
`13:20, 16:2
`networks
`5:18, 7:13,
`10:9, 14:11
`normal
`13:18, 16:22
`not
`6:17, 6:20,
`
`line
`3:3little
`10:16, 14:2,
`14:21
`llc
`1:5long
`18:11
`look
`12:6looked
`7:9looking
`9:6, 12:5
`lot
`9:15ltd
`1:5, 1:6, 1:7,
`1:8, 1:10
`M
`made
`13:6maintain
`3:8make
`3:5, 9:2, 13:9,
`19:4may
`3:20, 7:3
`maybe
`3:16, 5:8, 6:6
`mean
`9:14, 15:1
`meet
`17:7mentioned
`19:3merits
`9:7might
`11:1, 14:5,
`15:5, 15:7
`mind
`13:13
`minutes
`16:12
`
`25
`
`7:14, 8:9, 8:10,
`8:17, 9:6, 9:12,
`9:20, 9:21,
`10:9, 10:18,
`11:15, 11:18,
`11:21, 12:9,
`12:15, 13:5,
`13:10, 14:17,
`15:13, 16:9,
`18:6, 18:7,
`18:10, 18:20
`note
`7:19, 11:17,
`12:13, 15:1
`noted
`4:9, 13:7
`notes
`20:4now
`4:14, 9:6, 13:8
`number
`14:11, 14:12
`O
`obviously
`15:1, 17:13
`off
`12:22, 16:16
`office
`1:1ogden
`1:17, 3:3
`okay
`6:13, 7:4, 9:4,
`10:10, 13:11,
`13:22, 15:16,
`15:21, 16:10,
`16:19, 17:18,
`17:21, 18:14,
`18:18, 18:20
`one
`4:16, 4:19,
`4:20, 4:21, 6:5,
`6:14, 7:2, 7:21,
`12:13, 14:9,
`17:22
`ones
`9:16
`
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`
`
`ongoing
`14:16
`operating
`4:5, 4:7
`opportunity
`6:10, 10:11,
`16:8oppose
`18:3, 18:7,
`18:11
`opposing
`16:1, 18:4
`order
`1:19, 9:20,
`9:21, 14:17,
`14:18, 15:1,
`17:8, 18:21,
`19:2ordering
`19:9, 19:12
`original
`8:4, 8:6, 8:9,
`14:14
`other
`4:6, 8:5, 10:18
`others
`5:9our
`9:21, 10:4,
`11:6, 17:13
`out
`14:15, 15:13,
`18:21
`own
`17:14
`owner
`1:11, 2:9,
`3:11, 16:21,
`18:6, 19:11,
`19:12
`owner's
`18:11
`P
`page
`12:22, 13:13,
`13:17, 13:18,
`16:22
`
`Transcript of Hearing
`Conducted on July 8, 2019
`perhaps
`3:6, 8:11
`perspective
`15:17
`petition
`7:11, 7:18,
`7:22, 8:7, 8:9
`petitioned
`8:5petitioner
`1:8, 2:12, 8:6,
`15:22, 18:3,
`18:7petitioner's
`11:4, 16:6
`petitions
`5:16, 5:20,
`5:21, 5:22, 6:9,
`6:22, 7:20,
`7:21, 7:22, 8:1,
`8:4phone
`2:9picture
`12:1please
`7:5, 9:18, 19:5
`plenty
`16:8point
`3:7, 5:13, 6:5,
`9:6, 14:15,
`15:12
`pointed
`10:15
`points
`14:8position
`5:6, 10:4, 17:6
`possibly
`7:10preceding
`14:17
`preexisting
`6:2, 7:20,
`7:22, 8:1, 13:2
`prefer
`17:2
`
`pages
`13:19, 14:1
`panel
`10:12, 16:11,
`16:19
`paper
`4:20, 4:21,
`11:16
`part
`6:12, 13:9
`particular
`10:16, 10:21,
`10:22
`parties
`3:5, 3:15,
`3:21, 4:1, 4:6,
`4:11, 4:16,
`4:19, 5:15, 6:3,
`6:6, 8:2, 8:3,
`8:8, 8:14, 8:18,
`9:15, 9:22,
`10:18, 10:20,
`11:5, 17:3, 17:6
`party
`5:8, 6:16,
`7:15, 8:17,
`8:19, 9:10,
`14:10, 18:15
`patent
`1:1, 1:3, 1:11,
`1:13, 1:14,
`1:17, 1:18, 2:9,
`3:11, 4:16, 5:6,
`16:21, 18:6,
`18:11, 19:11,
`19:12
`patents
`4:2, 10:21,
`13:4, 14:11
`patrick
`1:16pattern
`5:14, 13:8
`pause
`16:10
`pending
`18:1people
`14:13
`
`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`26
`
`prepare
`16:2preparing
`15:2present
`11:15, 12:21
`presented
`7:9presenting
`14:3presidential
`14:17, 14:18
`previously
`6:18prior
`11:20, 12:9
`privy
`4:14privy's
`3:16pro
`18:1probably
`15:10, 15:13,
`17:9, 17:11
`proceeding
`8:17, 8:20,
`9:1, 14:14, 19:5
`proceedings
`1:20, 3:15,
`14:12, 14:13,
`
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