UNITED STATES DISTRICT COURT
`
` SOUTHERN DISTRICT OF CALIFORNIA
`
` BEFORE HONORABLE DANA M. SABRAW, JUDGE PRESIDING
`
` ________________________________
` )
`QUALCOMM INCORPORATED, )
` ) CASE NO. 17CV1375-DMS
` PLAINTIFF, )
` )
`VS. )
` ) SAN DIEGO, CALIFORNIA
`APPLE INCORPORATED, ) TUESDAY MARCH 12, 2019
` ) 9:00 A.M. CALENDAR
` DEFENDANT. )
` )
`---------------------------------)
`AND RELATED COUNTERCLAIM )
`_________________________________)
`
` REPORTER'S TRANSCRIPT OF PROCEEDINGS
`
` JURY TRIAL/DAY SEVEN
`
` VOLUME 7-A
`
`REPORTED BY:
`
` LEE ANN PENCE,
` OFFICIAL COURT REPORTER
` UNITED STATES COURTHOUSE
` 333 WEST BROADWAY, ROOM 1393
` SAN DIEGO, CALIFORNIA 92101
`
`QUALCOMM EXHIBIT 2006
`Intel v. Qualcomm
`IPR2018-01334
`
`

`

`COUNSEL APPEARING:
`COUNSEL APPEARING:
`
`FOR PLAINTIFF:
`FOR PLAINTIFF:
`
`DAVID AARON NELSON,ESQ.
`DAVID AARON NELSON,ESQ.
`QUINN EMANUEL URQUHART &
`QUINN EMANUEL URQUHART &
`SULLIVAN
` SULLIVAN
`191 NORTH WACKER DRIVE 2700
`191 NORTH WACKER DRIVE 2700
`
` CHICAGO, ILLINOIS 60606
`CHICAGO,
`ILLINOIS 60606
`
`
`
`SEAN PAK, ESQ.
`SEAN PAK, ESQ.
`MICHELLE ANN CLARK, ESQ.
`MICHELLE ANN CLARK, ESQ.
`QUINN EMANUEL URQUHART &
`QUINN EMANUEL URQUHART &
`SULLIVAN
` SULLIVAN
`50 CALIFORNIA STREET FLOOR 22
`50 CALIFORNIA STREET FLOOR 22
`
` SAN FRANCISCO, CALIFORNIA 94111
`SAN FRANCISCO, CALIFORNIA 94111
`
`
`
`
`SCOTT L. WATSON, ESQ.
`SCOTT L. WATSON, ESQ.
`VALERIE A. LOZANO, ESQ.
`VALERIE A. LOZANO, ESQ.
`QUINN EMANUEL URQUHART &
`QUINN EMANUEL URQUHART &
`SULLIVAN
` SULLIVAN
`865 SOUTH FIGUEROA STREET
`865 SOUTH FIGUEROA STREET
`10TH FLOOR
` 10TH FLOOR
` LOS ANGELES, CALIFORNIA 90017
`LOS ANGELES, CALIFORNIA 90017
`
`
`FOR DEFENDANT:
`FOR DEFENDANT: NINA S. TALLON, ESQ.
`NINA S. TALLON, ESQ.
`WILMER CUTLER PICKERING HALE &
`WILMER CUTLER PICKERING HALE &
`DORR
` DORR
`1875 PENNSYLVANIA AVENUE
`1875 PENNSYLVANIA AVENUE
`NORTHWEST
` NORTHWEST
`WASHINGTON, DC 20006
`WASHINGTON, DC 20006
`
`
`
`
`
`JOSEPH J. MUELLER, ESQ.
`JOSEPH J. MUELLER, ESQ.
`WILMER CUTLER PICKERING HALE &
`WILMER CUTLER PICKERING HALE &
`DORR
` DORR
`60 STATE STREET
`
`60 STATE STREET
`BOSTON, MASSACHUSETTS 02109
`BOSTON, MASSACHUSETTS 02109
`
`JUANITA R. BROOKS, ESQ.
`JUANITA R. BROOKS, ESQ.
`FISH & RICHARDSON
`FISH & RICHARDSON
`
`12390 EL CAMINO REAL
`12390 EL CAMINO REAL
`
` SAN DIEGO, CALIFORNIA 92130
`SAN DIEGO, CALIFORNIA 92130
`
`
`
`
`
`
`
`

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`DIEGO, CALIFORNIA - TUESDAY, MARCH 12, 2019 - 8:47 A.M.
`DIEGO, CALIFORNIA - TUESDAY, MARCH 12, 2019 - 8:47 A.M.
`*
`*
`*
`* * *
`
`(WHEREUPON THE FOLLOWING PROCEEDINGS WERE HELD
`(WHEREUPON THE FOLLOWING PROCEEDINGS WERE HELD
`
`IN OPEN COURT, OUT OF THE HEARING OF THE JURY)
`IN OPEN COURT, OUT OF THE HEARING OF THE JURY)
`
`THE CLERK: NO. 1 ON CALENDAR, CASE NO. 17CV1375,
`THE CLERK:
`NO.
`1 ON CALENDAR, CASE NO. 17CV1375,
`
`QUALCOMM INCORPORATED VERSUS APPLE INCORPORATED; JURY TRIAL,
`QUALCOMM INCORPORATED VERSUS APPLE INCORPORATED;
`JURY TRIAL,
`
`DAY SEVEN.
`DAY SEVEN.
`
`THE COURT:
`GOOD MORNING.
`THE COURT: GOOD MORNING.
`
`WE HAVE COUNSEL AND PARTIES PRESENT.
`WE ARE OUTSIDE
`WE HAVE COUNSEL AND PARTIES PRESENT. WE ARE OUTSIDE
`
`OF THE PRESENCE OF THE JURY.
`OF THE PRESENCE OF THE JURY.
`
`WE ARE READY To DISCUSS THE ISSUES WITH RESPECT To
`WE ARE READY TO DISCUSS THE ISSUES WITH RESPECT TO
`
`DR. RINARD, AM I CORRECT?
`DR. RINARD, AM I CORRECT?
`
`MR. MUELLER: YES, YOUR HONOR.
`MR. MUELLER:
`YES, YOUR HONOR.
`
`THE COURT: I HAVE READ ALL OF THE BRIEFING, WHICH I
`THE COURT:
`I HAVE READ ALL OF THE BRIEFING, WHICH I
`
`APPRECIATE IT.
`IT IS AMAZING THE QUANTITY AND QUALITY OF
`APPRECIATE IT. IT IS AMAZING THE QUANTITY AND QUALITY OF
`
`BRIEFING THAT IS PRODUCED IN SUCH A SHORT PERIOD OF TIME.
`BRIEFING THAT IS PRODUCED IN SUCH A SHORT PERIOD OF TIME.
`
`BASED ON THE SUBMISSION AND THE TRANSCRIPTS,
`BASED ON THE SUBMISSION AND THE TRANSCRIPTS,
`
`INCLUDING THE REPORT OF DR. RINARD AND THE DEPOSITION, I WOULD
`INCLUDING THE REPORT OF DR. RINARD AND THE DEPOSITION,
`I WOULD
`
`BE INCLINED To OVERRULE THE OBJECTION.
`BE INCLINED TO OVERRULE THE OBJECTION.
`
`I THINK HIS TESTIMONY IS CONSISTENT. IT IS NOT NEW,
`I THINK HIS TESTIMONY IS CONSISTENT.
`IT IS NOT NEW,
`
`IT IS CONSISTENT WITH WHAT HE HAS PREVIOUSLY PLACED IN HIS
`IT IS CONSISTENT WITH WHAT HE HAS PREVIOUSLY PLACED IN HIS
`
`REPORT OR IN DEPOSITION.
`REPORT OR IN DEPOSITION.
`
`DO YOU SUBMIT ON THAT, OR DO YOU HAVE ANY ADDITIONAL
`DO YOU SUBMIT ON THAT, OR DO YOU HAVE ANY ADDITIONAL
`
`ARGUMENT?
`ARGUMENT?
`
`MR. MUELLER: YOUR HONOR, IF I COULD, JUST BRIEFLY
`MR. MUELLER:
`YOUR HONOR,
`IF I COULD,
`JUST BRIEFLY
`
`MARCH 12, 2019
`MARCH 12, 2019
`
`

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`JUST FOR THE RECORD.
`JUST FOR THE RECORD.
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`THE COURT:
`YES.
`THE COURT: YES.
`
`MR. MUELLER:
`AS TO A COUPLE POINTS.
`MR. MUELLER: AS TO A COUPLE POINTS.
`
`THIS FIRST IS, WE DON'T THINK THIS PARTICULAR
`THIS FIRST IS, WE DON'T THINK THIS PARTICULAR
`
`ARGUMENT WAS DISCLOSED, BUT WE WILL JUST MAINTAIN THAT FOR THE
`ARGUMENT WAS DISCLOSED, BUT WE WILL JUST MAINTAIN THAT FOR THE
`
`REASONS WE SET OUT IN OUR PAPERS.
`REASONS WE SET OUT IN OUR PAPERS.
`
`I DO JUST WANT TO PUT, AGAIN, ON THE RECORD THE
`I DO JUST WANT TO PUT, AGAIN, ON THE RECORD THE
`
`REASONS WHY THIS CLAIM CONSTRUCTION IS SIMPLY WRONG.
`REASONS WHY THIS CLAIM CONSTRUCTION IS SIMPLY WRONG.
`
`IF I COULD VERY, VERY BRIEFLY TAKE YOUR HONOR
`IF I COULD VERY, VERY BRIEFLY TAKE YOUR HONOR
`
`THROUGH IT.
`THROUGH IT.
`
`THE COURT:
`YES.
`THE COURT: YES.
`
`MR. MUELLER:
`IF WE GO TO CLAIM 1.
`THE ARGUMENT
`MR. MUELLER: IF WE GO TO CLAIM 1. THE ARGUMENT
`
`THAT WE ARE CONCERNED WITH, YOUR HONOR, IS DR. RINARD'S
`THAT WE ARE CONCERNED WITH, YOUR HONOR,
`IS DR. RINARD'S
`
`ATTEMPT TO TAKE LANGUAGE FROM THE FIRST CLAUSE BELOW SECONDARY
`ATTEMPT TO TAKE LANGUAGE FROM THE FIRST CLAUSE BELOW SECONDARY
`
`PROCESSOR, AND THIS IS SYSTEM MEMORY IN A HARDWARE BUFFER.
`PROCESSOR, AND THIS IS SYSTEM MEMORY IN A HARDWARE BUFFER.
`
`AND HE HIGHLIGHTED, IN WHAT WE BELIEVE IS A NEW OPINION, THIS
`AND HE HIGHLIGHTED,
`IN WHAT WE BELIEVE IS A NEW OPINION, THIS
`
`PHRASE, AT LEAST ONE DATA SEGMENT OF AN EXECUTABLE SOFTWARE
`PHRASE, AT LEAST ONE DATA SEGMENT OF AN EXECUTABLE SOFTWARE
`
`IMAGE.
`IMAGE.
`
`AND THAT WAS THE ARGUMENT THAT WE BELIEVE WAS NEW.
`AND THAT WAS THE ARGUMENT THAT WE BELIEVE WAS NEW.
`
`HE TOOK THAT AND HE SAID WELL, THAT CARRIES THROUGH, THROUGH
`HE TOOK THAT AND HE SAID WELL, THAT CARRIES THROUGH, THROUGH
`
`THE REST OF THE CLAIM.
`AND UNDER HIS INTERPRETATION WOULD
`THE REST OF THE CLAIM. AND UNDER HIS INTERPRETATION WOULD
`
`MEAN THERE NEED ONLY BE —— ACTUALLY HE SAYS TWO —— DATA
`MEAN THERE NEED ONLY BE -- ACTUALLY HE SAYS TWO -- DATA
`
`SEGMENTS THAT ARE TRANSMITTED. THE AT LEAST ONE LANGUAGE, AND
`SEGMENTS THAT ARE TRANSMITTED.
`THE AT LEAST ONE LANGUAGE, AND
`
`THEN HE COUPLES THAT WITH THE SCATTER LOADING CONCEPT TO SAY
`THEN HE COUPLES THAT WITH THE SCATTER LOADING CONCEPT TO SAY
`
`THERE NEEDS TO BE TWO, BUT ONLY TWO. AND THAT OTHER DATA
`THERE NEEDS TO BE TWO, BUT ONLY TWO.
`AND THAT OTHER DATA
`
`MARCH 12, 2019
`MARCH 12, 2019
`
`

`

` 1
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`SEGMENTS NEED NOT MEET THE RESTRICTIONS OF THE CLAIM.
`SEGMENTS NEED NOT MEET THE RESTRICTIONS OF THE CLAIM.
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`THE PROBLEM WITH THAT IS THE NEXT CLAUSE, THE
`THE PROBLEM WITH THAT IS THE NEXT CLAUSE, THE
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`SCATTER LOADER CONTROLLER, IS A SEPARATE COMPONENT WITHIN THE
`SCATTER LOADER CONTROLLER,
`IS A SEPARATE COMPONENT WITHIN THE
`
`SYSTEM. AND IT EXPLICITLY REQUIRES THAT IT BE CONFIGURED, THE
`SYSTEM.
`AND IT EXPLICITLY REQUIRES THAT IT BE CONFIGURED, THE
`
`SCATTER LOADER CONTROLLER BE CONFIGURED TO SCATTER LOAD EACH
`SCATTER LOADER CONTROLLER BE CONFIGURED TO SCATTER LOAD EACH
`
`RECEIVED DATA SEGMENT.
`RECEIVED DATA SEGMENT.
`
`AND IT CONTINUES IN A PARTICULAR FASHION.
`AND IT CONTINUES IN A PARTICULAR FASHION.
`
`THAT IS A REQUIREMENT FOR THE SCATTER LOADER
`THAT IS A REQUIREMENT FOR THE SCATTER LOADER
`
`CONTROLLER CONFIGURATION. IT IS EXPRESS, IT IS UNAMBIGUOUS.
`CONTROLLER CONFIGURATION.
`IT IS EXPRESS,
`IT IS UNAMBIGUOUS.
`
`THE CASE THAT THEY RELIED ON IN THE BRIEFING TO YOUR
`THE CASE THAT THEY RELIED ON IN THE BRIEFING TO YOUR
`
`HONOR LAST NIGHT, PROPRIETECT LP VERSUS JOHNSON CONTROLS.
`HONOR LAST NIGHT, PROPRIETECT LP VERSUS JOHNSON CONTROLS.
`
`THIS IS 2013 WESTLAW 6795238 STATES —— AND I AM QUOTING HERE
`THIS IS 2013 WESTLAW 6795238 STATES -- AND I AM QUOTING HERE
`
`FROM PAGE 10 IN THE WESTLAW OPINION.
`FROM PAGE 10 IN THE WESTLAW OPINION.
`
`THE COURT THERE WAS RELYING ON THIS TERM, EACH
`THE COURT THERE WAS RELYING ON THIS TERM, EACH
`
`GROOVE, AND SAID IT APPEARS AFTER THE PHRASE A PLURALITY OF
`GROOVE, AND SAID IT APPEARS AFTER THE PHRASE A PLURALITY OF
`
`GROOVES —— AND HERE IS THE KEY —— NEVER IN A SEPARATE CLAUSE
`GROOVES -- AND HERE IS THE KEY -- NEVER IN A SEPARATE CLAUSE
`
`OR ON ITS OWN.
`AND IT DISTINGUISHED THE APPLE CASE THAT WE
`OR ON ITS OWN. AND IT DISTINGUISHED THE APPLE CASE THAT WE
`
`CITED TO YOUR HONOR IN OUR BRIEF ON THE BASIS THAT HERE EACH
`CITED TO YOUR HONOR IN OUR BRIEF ON THE BASIS THAT HERE EACH
`
`GROOVE APPEARS IN THE SAME CLAUSE.
`GROOVE APPEARS IN THE SAME CLAUSE.
`
`THAT IS NOT WHAT WE HAVE HERE IN CLAIM 1.
`THERE IS
`THAT IS NOT WHAT WE HAVE HERE IN CLAIM 1. THERE IS
`
`A SEPARATE CLAUSE FOR THE SCATTER LOADER CONTROLLER.
`IT IS
`A SEPARATE CLAUSE FOR THE SCATTER LOADER CONTROLLER. IT IS
`
`REQUIRED BY THAT CLAUSE THAT THE SCATTER LOADER CONTROLLER BE
`REQUIRED BY THAT CLAUSE THAT THE SCATTER LOADER CONTROLLER BE
`
`CONFIGURED TO SCATTER LOAD EACH RECEIVED DATA SEGMENT.
`CONFIGURED TO SCATTER LOAD EACH RECEIVED DATA SEGMENT.
`
`AND THE ARGUMENT THAT IS BEING PRESENTED NOW IS THAT
`AND THE ARGUMENT THAT IS BEING PRESENTED NOW IS THAT
`
`THE SCATTER LOADER CONTROLLER COULD MEET THAT REQUIREMENT BY
`THE SCATTER LOADER CONTROLLER COULD MEET THAT REQUIREMENT BY
`
`MARCH 12, 2019
`MARCH 12, 2019
`
`

`

` 1
`
`SCATTER LOADING SOME BUT NOT ALL OF THE DATA SEGMENTS IN THE
`SCATTER LOADING SOME BUT NOT ALL OF THE DATA SEGMENTS IN THE
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`FASHION REQUIRED BY THE CLAIM.
`AND THAT IS JUST WRONG.
`FASHION REQUIRED BY THE CLAIM. AND THAT IS JUST WRONG.
`
`HE CAN MAKE HIS ARGUMENT AS TO SEGMENT 0 NOT BEING A
`HE CAN MAKE HIS ARGUMENT AS TO SEGMENT 0 NOT BEING A
`
`DATA SEGMENT. WE DON'T THINK THAT IS RIGHT ON THE FACTS, BUT
`DATA SEGMENT.
`WE DON'T THINK THAT IS RIGHT ON THE FACTS, BUT
`
`HE CAN CERTAINLY MAKE THAT ARGUMENT, HE PRESERVED IT. THIS IS
`HE CAN CERTAINLY MAKE THAT ARGUMENT, HE PRESERVED IT.
`THIS IS
`
`NOT PRESERVED.
`NOT PRESERVED.
`
`SO JUST FOR THE RECORD, YOUR HONOR, WE DO MAINTAIN
`SO JUST FOR THE RECORD, YOUR HONOR, WE DO MAINTAIN
`
`THE OBJECTION. WE, OF COURSE, WILL ABIDE BY WHATEVER DECISION
`THE OBJECTION. WE, OF COURSE, WILL ABIDE BY WHATEVER DECISION
`
`YOU GIVE US. BUT WE DO THINK THAT THIS WAS NOT DISCLOSED, AND
`YOU GIVE US.
`BUT WE DO THINK THAT THIS WAS NOT DISCLOSED, AND
`
`IN ANY EVENT AS A MATTER OF BASIC CLAIM CONSTRUCTION
`IN ANY EVENT AS A MATTER OF BASIC CLAIM CONSTRUCTION
`
`PRINCIPLES AND THE GRAMMAR OF THE CLAIM IT IS JUST WRONG.
`PRINCIPLES AND THE GRAMMAR OF THE CLAIM IT IS JUST WRONG.
`
`THE COURT: MR. NELSON.
`THE COURT: MR. NELSON.
`
`MR. NELSON:
`GOOD MORNING YOUR HONOR.
`MR. NELSON: GOOD MORNING YOUR HONOR.
`
`THE COURT:
`GOOD MORNING.
`THE COURT: GOOD MORNING.
`
`MR. NELSON:
`A COUPLE OF THINGS ABOUT THIS.
`MR. NELSON: A COUPLE OF THINGS ABOUT THIS.
`
`FIRST OF ALL, WHAT COUNSEL JUST WALKED THROUGH IN
`FIRST OF ALL, WHAT COUNSEL JUST WALKED THROUGH IN
`
`THE CLAIM, DEFINITELY DISAGREE WITH. YOU HAVE AN ANTECEDENT
`THE CLAIM, DEFINITELY DISAGREE WITH.
`YOU HAVE AN ANTECEDENT
`
`REFERENCE PROBLEM WITH THIS BECAUSE YOU HAVE AT LEAST ONE DATA
`REFERENCE PROBLEM WITH THIS BECAUSE YOU HAVE AT LEAST ONE DATA
`
`SEGMENT, IT HAS TO BE CONSISTENT THROUGHOUT THE CLAIM.
`SEGMENT,
`IT HAS TO BE CONSISTENT THROUGHOUT THE CLAIM.
`
`WHAT COUNSEL IS ARGUING IS THAT YOU HAVE NOW USED
`WHAT COUNSEL IS ARGUING IS THAT YOU HAVE NOW USED
`
`THE SAME TERM WITH AN ANTECEDENT REFERENCE TO DEFINE —— TO
`THE SAME TERM WITH AN ANTECEDENT REFERENCE TO DEFINE -- TO
`
`REDEFINE THE TERM WHEN IT IS ORIGINALLY INTRODUCED, WHICH IS
`REDEFINE THE TERM WHEN IT IS ORIGINALLY INTRODUCED, WHICH IS
`
`NOT —— YOU CAN'T DO THAT UNDER PATENT LAW.
`OKAY.
`NOT -- YOU CAN'T DO THAT UNDER PATENT LAW. OKAY.
`
`SO, I MEAN, I CAN GO THROUGH. BUT THIS IS A CLAIM
`SO,
`I MEAN,
`I CAN GO THROUGH.
`BUT THIS IS A CLAIM
`
`CONSTRUCTION ARGUMENT.
`YOU CAN SEE THAT THIS ARGUMENT ON THE
`CONSTRUCTION ARGUMENT. YOU CAN SEE THAT THIS ARGUMENT ON THE
`
`MARCH 12, 2019
`MARCH 12, 2019
`
`

`

` 1
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`CONFIGURING —— EXCUSE ME —— COMPRISING AND WHAT DR. RINARD
`CONFIGURING -- EXCUSE ME -- COMPRISING AND WHAT DR. RINARD
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`REFERENCED WAS IN HIS REPORT, WAS IN THE, YOU KNOW, QUESTION
`REFERENCED WAS IN HIS REPORT, WAS IN THE, YOU KNOW, QUESTION
`
`IN THE DEPOSITIONS, DIRECT TESTIMONY.
`IN THE DEPOSITIONS, DIRECT TESTIMONY.
`
`APPLE NEVER SOUGHT A CLAIM CONSTRUCTION, YOU KNOW,
`APPLE NEVER SOUGHT A CLAIM CONSTRUCTION, YOU KNOW,
`
`INCLUDING IN THE I.T.C., ON THIS ISSUE SO THIS IS KIND OF
`INCLUDING IN THE I.T.C., ON THIS ISSUE SO THIS IS KIND OF
`
`LATE.
`LATE.
`
`BUT THE THIRD THING, YOUR HONOR, KIND OF LIKE WE
`BUT THE THIRD THING, YOUR HONOR, KIND OF LIKE WE
`
`TALKED ABOUT WITH THE A LANGUAGE AND YOU KNOW WHAT I —— WE
`TALKED ABOUT WITH THE A LANGUAGE AND YOU KNOW WHAT I -- WE
`
`DON'T WANT TO ARGUE CLAIM CONSTRUCTION TO THE JURY, THAT IS
`DON'T WANT TO ARGUE CLAIM CONSTRUCTION TO THE JURY, THAT IS
`
`YOUR HONOR'S PROVINCE. YOU HAVE KINDA DONE WHAT -- YOUR JOB,
`YOUR HONOR'S PROVINCE.
`YOU HAVE KINDA DONE WHAT —— YOUR JOB,
`
`WHAT WE ASKED YOU TO DO ON BOTH SIDES OF THE FENCE OR AISLE OR
`WHAT WE ASKED YOU TO DO ON BOTH SIDES OF THE FENCE OR AISLE OR
`
`WHATEVER WE GOT GOING ON HERE.
`AND FOR US TO GET UP AND ARGUE
`WHATEVER WE GOT GOING ON HERE. AND FOR US TO GET UP AND ARGUE
`
`CLAIM CONSTRUCTION IN CLOSING ARGUMENT, THAT IS NOT WHAT
`CLAIM CONSTRUCTION IN CLOSING ARGUMENT, THAT IS NOT WHAT
`
`ANYBODY -- WELL, CERTAINLY NOT WHAT I INTEND TO DO. WHAT I
`ANYBODY —— WELL, CERTAINLY NOT WHAT I INTEND TO DO. WHAT I
`
`ASKED YOUR HONOR FOR WITH RESPECT TO THE -- NO, THE A COMPILER
`ASKED YOUR HONOR FOR WITH RESPECT TO THE —— NO, THE A COMPILER
`
`AND THE A MEANING ONE OR MORE.
`AND THE A MEANING ONE OR MORE.
`
`SO AS LONG AS WE HAVE THAT, THIS IS NOT AN ARGUMENT
`SO AS LONG AS WE HAVE THAT, THIS IS NOT AN ARGUMENT
`
`I INTEND, WITH THE JURY, DURING CLOSING ARGUMENT TO WALK
`I INTEND, WITH THE JURY, DURING CLOSING ARGUMENT TO WALK
`
`THROUGH.
`I DO THINK IT IS CORRECT.
`I THINK IT IS CORRECT AS
`THROUGH. I DO THINK IT IS CORRECT. I THINK IT IS CORRECT AS
`
`A MATTER OF CLAIM CONSTRUCTION.
`IF WE HAD A CLAIM
`A MATTER OF CLAIM CONSTRUCTION. IF WE HAD A CLAIM
`
`CONSTRUCTION YOUR HONOR WOULD SEE THAT.
`CONSTRUCTION YOUR HONOR WOULD SEE THAT.
`
`BUT CERTAINLY IF MY CLOSING GOES INTO THAT LEVEL OF
`BUT CERTAINLY IF MY CLOSING GOES INTO THAT LEVEL OF
`
`DETAIL, YOUR HONOR, I THINK I HAVE A BIT OF A PROBLEM ANYWAY.
`DETAIL, YOUR HONOR,
`I THINK I HAVE A BIT OF A PROBLEM ANYWAY.
`
`SO, JUST TO BE CANDID, THAT'S MY PLAN.
`SO,
`JUST TO BE CANDID, THAT'S MY PLAN.
`
`THE COURT:
`ALL RIGHT.
`OKAY.
`THE COURT: ALL RIGHT. OKAY.
`
`MARCH 12, 2019
`MARCH 12, 2019
`
`

`

` 1
`
`I THINK THE RECORD IS PERFECTED.
`I WOULD STAND ON
`I THINK THE RECORD IS PERFECTED. I WOULD STAND ON
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`THAT RULING AND OVERRULE APPLE'S OBJECTION TO DR. RINARD'S
`THAT RULING AND OVERRULE APPLE'S OBJECTION TO DR. RINARD'S
`
`TESTIMONY.
`TESTIMONY.
`
`ON SCHEDULING, I THINK IF WE HAVE AN EXTENDED DAY
`ON SCHEDULING,
`I THINK IF WE HAVE AN EXTENDED DAY
`
`TOMORROW BY HALF AN HOUR OR AN HOUR WE SHOULD BE ABLE TO GET
`TOMORROW BY HALF AN HOUR OR AN HOUR WE SHOULD BE ABLE TO GET
`
`EVERYTHING DONE.
`EVERYTHING DONE.
`
`I THINK, TIME WISE, THERE IS SIX HOURS AND FIVE AND
`I THINK, TIME WISE, THERE IS SIX HOURS AND FIVE AND
`
`A HALF HOURS, AND SO THAT'S -- THAT'S 11 AND A HALF, RIGHT?
`A HALF HOURS, AND SO THAT'S —— THAT'S 11 AND A HALF, RIGHT?
`
`SO THAT WILL -- THAT COULD MAKE FOR A LONG DAY TOMORROW, BUT I
`SO THAT WILL —— THAT COULD MAKE FOR A LONG DAY TOMORROW, BUT I
`
`AM INCLINED TO DO THAT.
`AM INCLINED TO DO THAT.
`
`I THINK WHAT WE CAN DO IS TAKE A HALF-HOUR LUNCH,
`I THINK WHAT WE CAN DO IS TAKE A HALF-HOUR LUNCH,
`
`ORDER LUNCH FOR THE JURORS.
`AND JUST SOLDIER THROUGH IT AND
`ORDER LUNCH FOR THE JURORS. AND JUST SOLDIER THROUGH IT AND
`
`GET IT DONE TOMORROW.
`GET IT DONE TOMORROW.
`
`MR. NELSON: FROM MY PERSPECTIVE, YOUR HONOR, I
`MR. NELSON:
`FROM MY PERSPECTIVE, YOUR HONOR,
`I
`
`THINK THAT YOUR HONOR'S PLAN WORKS.
`THINK THAT YOUR HONOR'S PLAN WORKS.
`
`I DO THINK THAT WE WILL BE ABLE TO, ON OUR SIDE,
`I DO THINK THAT WE WILL BE ABLE TO, ON OUR SIDE,
`
`DEPENDING ON HOW SOME OF THE PRESENTATION GOES TODAY, CUT BACK
`DEPENDING ON HOW SOME OF THE PRESENTATION GOES TODAY, CUT BACK
`
`SOME ON THE REBUTTAL WITNESSES. WHICH WOULD EVEN —— WHICH
`SOME ON THE REBUTTAL WITNESSES. WHICH WOULD EVEN -- WHICH
`
`WOULD MEAN I WOULD BE GIVING SOME TIME BACK TO YOUR HONOR AND
`WOULD MEAN I WOULD BE GIVING SOME TIME BACK TO YOUR HONOR AND
`
`THE JURY AT THE END OF THAT, BECAUSE I DON'T PLAN TO USE FIVE
`THE JURY AT THE END OF THAT, BECAUSE I DON'T PLAN TO USE FIVE
`
`AND A HALF HOURS FOR CLOSING.
`I CAN'T STAND UP THERE THAT
`AND A HALF HOURS FOR CLOSING. I CAN'T STAND UP THERE THAT
`
`LONG.
`LONG.
`
`THE COURT: MY IMPRESSION -- THE TIME LIMITS, I KNOW
`THE COURT:
`MY IMPRESSION —— THE TIME LIMITS,
`I KNOW
`
`THAT PUTS A LOT OF PRESSURE ON THE PARTIES, BUT I THINK THE
`THAT PUTS A LOT OF PRESSURE ON THE PARTIES, BUT I THINK THE
`
`TIME LIMITS, AS COUNSEL ARE WELL AWARE AND ACCUSTOMED TO
`TIME LIMITS, AS COUNSEL ARE WELL AWARE AND ACCUSTOMED TO
`
`MARCH 12, 2019
`MARCH 12, 2019
`
`

`

` 1
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`TRYING CASES ALL OVER THE COUNTRY HAVE TURNED OUT TO BE PRETTY
`TRYING CASES ALL OVER THE COUNTRY HAVE TURNED OUT TO BE PRETTY
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`GENEROUS. YOU HAVE HAD A LOT OF TIME, AND THE JURORS REALLY
`GENEROUS.
`YOU HAVE HAD A LOT OF TIME, AND THE JURORS REALLY
`
`HAVE A LOT OF EXPOSURE TO THE ISSUES.
`HAVE A LOT OF EXPOSURE TO THE ISSUES.
`
`SO I WOULD ENCOURAGE COUNSEL TO ALLOT SUFFICIENT
`SO I WOULD ENCOURAGE COUNSEL TO ALLOT SUFFICIENT
`
`TIME FOR CLOSING ARGUMENT.
`I THINK THAT IS GOING TO BE VERY
`TIME FOR CLOSING ARGUMENT. I THINK THAT IS GOING TO BE VERY
`
`IMPORTANT FOR JURORS TO GET YOUR ASSESSMENT OF THE FACTS AND
`IMPORTANT FOR JURORS TO GET YOUR ASSESSMENT OF THE FACTS AND
`
`THE LAW BECAUSE THEY ARE, AT THIS POINT, SWIMMING IN A LOT OF
`THE LAW BECAUSE THEY ARE, AT THIS POINT, SWIMMING IN A LOT OF
`
`INFORMATION AND IT NEEDS TO BE TIED TOGETHER FOR THEM.
`INFORMATION AND IT NEEDS TO BE TIED TOGETHER FOR THEM.
`
`SO I WOULD ENCOURAGE COUNSEL TO -- IF POSSIBLE, AS
`SO I WOULD ENCOURAGE COUNSEL TO —— IF POSSIBLE, AS
`
`YOU JUST SAID, MR. NELSON, TRUNCATE THE EVIDENCE PORTION AND
`YOU JUST SAID, MR. NELSON, TRUNCATE THE EVIDENCE PORTION AND
`
`ALLOT SUFFICIENT TIME FOR CLOSING.
`ALLOT SUFFICIENT TIME FOR CLOSING.
`
`THE JURY INSTRUCTIONS HAVE BECOME PRETTY SIMPLE AND
`THE JURY INSTRUCTIONS HAVE BECOME PRETTY SIMPLE AND
`
`STRAIGHT FORWARD.
`THEY ARE ALMOST ALL EITHER PATTERN OR
`STRAIGHT FORWARD. THEY ARE ALMOST ALL EITHER PATTERN OR
`
`AGREED UPON INSTRUCTIONS. SO I WILL EMAIL, SOMETIME TODAY, TO
`AGREED UPON INSTRUCTIONS.
`SO I WILL EMAIL, SOMETIME TODAY, TO
`
`COUNSEL FOR EACH SIDE THE INSTRUCTIONS, AND THEN WE CAN START
`COUNSEL FOR EACH SIDE THE INSTRUCTIONS, AND THEN WE CAN START
`
`DISCUSSING THOSE AT 2:30.
`DISCUSSING THOSE AT 2:30.
`
`THE VERDICT FORM THAT APPLE PROPOSED LOOKS LIKE A
`THE VERDICT FORM THAT APPLE PROPOSED LOOKS LIKE A
`
`GOOD ONE.
`DO YOU AGREE?
`IT IS VERY STRAIGHTFORWARD.
`GOOD ONE. DO YOU AGREE? IT IS VERY STRAIGHTFORWARD.
`
`MS. CLARK: NO, YOUR HONOR. I THINK THAT THERE IS
`MS. CLARK:
`NO, YOUR HONOR.
`I THINK THAT THERE IS
`
`SOME DEFICIENCIES IN THE VERDICT FORM THAT WOULD MAKE ANY
`SOME DEFICIENCIES IN THE VERDICT FORM THAT WOULD MAKE ANY
`
`RESULTING VERDICT CONFUSING AND POTENTIALLY RAISE BOTH JMOL
`RESULTING VERDICT CONFUSING AND POTENTIALLY RAISE BOTH JMOL
`
`AND APPELLATE ISSUES.
`SO I WOULD LIKE AN OPPORTUNITY TO
`AND APPELLATE ISSUES. SO I WOULD LIKE AN OPPORTUNITY TO
`
`DISCUSS THOSE WITH YOU.
`DISCUSS THOSE WITH YOU.
`
`THE COURT:
`OKAY.
`THE COURT: OKAY.
`
`MS. CLARK:
`THANK YOU.
`MS. CLARK: THANK YOU.
`
`MARCH 12, 2019
`MARCH 12, 2019
`
`

`

`1288
` 1288
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`THE COURT: WE WILL ADDRESS THAT AT 2:30, THEN.
`THE COURT:
`WE WILL ADDRESS THAT AT 2:30, THEN.
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`ARE THERE ANY OTHER HOUSEKEEPING MATTERS FOR THIS
`ARE THERE ANY OTHER HOUSEKEEPING MATTERS FOR THIS
`
`MORNING?
`MORNING?
`
`MS. CLARK:
`WE HAVE A COUPLE OF OUTSTANDING
`MS. CLARK: WE HAVE A COUPLE OF OUTSTANDING
`
`OBJECTIONS TO EXHIBITS AND DEMONSTRATIVES DISCLOSED TO BE USED
`OBJECTIONS TO EXHIBITS AND DEMONSTRATIVES DISCLOSED TO BE USED
`
`WITH DR. FUCHS AND ALSO WITH DR. LIN RELATING TO THE '490.
`WE
`WITH DR. FUCHS AND ALSO WITH DR. LIN RELATING TO THE '490. WE
`
`ARE HAPPY TO TAKE THOSE UP NOW, OR LATER IF YOU WANT.
`ARE HAPPY TO TAKE THOSE UP NOW, OR LATER IF YOU WANT.
`
`THE COURT:
`THOSE WITNESSES ARE COMING ON ——
`THE COURT: THOSE WITNESSES ARE COMING ON --
`
`MS. CLARK:
`TODAY MOST LIKELY.
`MS. CLARK: TODAY MOST LIKELY.
`
`THE COURT:
`—— TODAY?
`THE COURT: -- TODAY?
`
`MAYBE WE SHOULD ADDRESS THOSE NOW.
`MAYBE WE SHOULD ADDRESS THOSE NOW.
`
`MS. CLARK: I WILL LET MY COLLEAGUE, MR. SCHMIDT,
`MS. CLARK:
`I WILL LET MY COLLEAGUE, MR. SCHMIDT,
`
`ADDRESS THE ONES RELATING TO DR. FUCHS, SO I THINK HE IS GOING
`ADDRESS THE ONES RELATING TO DR. FUCHS, SO I THINK HE IS GOING
`
`FIRST.
`FIRST.
`
`THE COURT:
`THANK YOU.
`THE COURT: THANK YOU.
`
`MR. SCHMIDT: GOOD MORNING, YOUR HONOR. PATRICK
`MR. SCHMIDT:
`GOOD MORNING, YOUR HONOR.
`PATRICK
`
`SCHMIDT FROM QUINN EMANUEL.
`SCHMIDT FROM QUINN EMANUEL.
`
`WE HAVE TWO OBJECTIONS TO EXHIBITS THAT WERE
`WE HAVE TWO OBJECTIONS TO EXHIBITS THAT WERE
`
`DISCLOSED FOR THE DIRECT EXAMINATION OF DR. FUCHS.
`THAT IS
`DISCLOSED FOR THE DIRECT EXAMINATION OF DR. FUCHS. THAT IS
`
`THEIR EXPERT ON THE '936 PATENT.
`THEIR EXPERT ON THE '936 PATENT.
`
`THE FIRST ONE IS PX 2473.05.
`THIS IS A SOURCE CODE
`THE FIRST ONE IS PX 2473.05. THIS IS A SOURCE CODE
`
`EXHIBIT.
`YOUR HONOR MIGHT REMEMBER DR. ANNAVARAM DID A
`EXHIBIT. YOUR HONOR MIGHT REMEMBER DR. ANNAVARAM DID A
`
`DETAILED SOURCE CODE ANALYSIS OF APPLE'S BACK—END COMPILER.
`DETAILED SOURCE CODE ANALYSIS OF APPLE'S BACK-END COMPILER.
`
`AND DR. FUCHS RESPONDED TO THAT SOURCE CODE ANALYSIS IN HIS
`AND DR. FUCHS RESPONDED TO THAT SOURCE CODE ANALYSIS IN HIS
`
`REBUTTAL REPORT.
`HE ACKNOWLEDGED THE ANALYSIS.
`BUT OUR
`REBUTTAL REPORT. HE ACKNOWLEDGED THE ANALYSIS. BUT OUR
`
`MARCH 12, 2019
`MARCH 12, 2019
`
`

`

`1289
` 1289
`
`POSITION IS THAT HE NEVER TOOK A POSITION ONE WAY OR ANOTHER
`POSITION IS THAT HE NEVER TOOK A POSITION ONE WAY OR ANOTHER
`
`WHETHER THE FUNCTIONALITY THAT DR. ANNAVARAM IDENTIFIED WAS
`WHETHER THE FUNCTIONALITY THAT DR. ANNAVARAM IDENTIFIED WAS
`
`ACTUALLY IN THE SOURCE CODE.
`ACTUALLY IN THE SOURCE CODE.
`
`WHAT DR. FUCHS WAS DOING, ESSENTIALLY, WAS SAYING
`WHAT DR. FUCHS WAS DOING, ESSENTIALLY, WAS SAYING
`
`THAT THERE WAS OTHER FUNCTIONALITY POTENTIALLY LATER IN THE
`THAT THERE WAS OTHER FUNCTIONALITY POTENTIALLY LATER IN THE
`
`SOURCE CODE THAT MIGHT NEGATE WHATEVER DR. ANNAVARAM
`SOURCE CODE THAT MIGHT NEGATE WHATEVER DR. ANNAVARAM
`
`IDENTIFIED, BUT HE DIDN'T WEIGH IN SPECIFICALLY ON WHAT DR.
`IDENTIFIED, BUT HE DIDN'T WEIGH IN SPECIFICALLY ON WHAT DR.
`
`ANNAVARAM WAS SAYING.
`ANNAVARAM WAS SAYING.
`
`I TOOK DR. FUCHS' DEPOSITION AND ASKED HIM THIS
`I TOOK DR. FUCHS' DEPOSITION AND ASKED HIM THIS
`
`SPECIFICALLY.
`SPECIFICALLY.
`
`MR. JAY, IF YOU COULD PULL IT UP AT PAGE 98,
`MR.
`JAY,
`IF YOU COULD PULL IT UP AT PAGE 98,
`
`STARTING AT LINE 3.
`THIS IS IN RELATION TO THE DISPUTED
`STARTING AT LINE 3. THIS IS IN RELATION TO THE DISPUTED
`
`EXHIBIT, YOUR HONOR.
`EXHIBIT, YOUR HONOR.
`
`I ASKED HIM:
`OKAY.
`SO ISN'T IT TRUE THAT YOU
`I ASKED HIM: OKAY. SO ISN'T IT TRUE THAT YOU
`
`DIDN'T ANALYZE THE CODE ENOUGH TO ACTUALLY DISPUTE THE
`DIDN'T ANALYZE THE CODE ENOUGH TO ACTUALLY DISPUTE THE
`
`FUNCTIONALITY THAT DR. ANNAVARAM DESCRIBES, CORRECT?
`FUNCTIONALITY THAT DR. ANNAVARAM DESCRIBES, CORRECT?
`
`THEN THERE IS AN OBJECTION.
`THEN THERE IS AN OBJECTION.
`
`THE ANSWER WAS:
`I DID NOT STATE AN OPINION IN MY
`THE ANSWER WAS: I DID NOT STATE AN OPINION IN MY
`
`REPORT ABOUT THAT ASPECT.
`REPORT ABOUT THAT ASPECT.
`
`SO, YOUR HONOR, THIS WAS OUR CHANCE TO FIND OUT WHAT
`SO, YOUR HONOR, THIS WAS OUR CHANCE TO FIND OUT WHAT
`
`DR. FUCHS WAS GOING TO SAY ABOUT THE SOURCE CODE, AND HE
`DR. FUCHS WAS GOING TO SAY ABOUT THE SOURCE CODE, AND HE
`
`ADMITTED THAT HE DIDN'T HAVE AN OPINION.
`SO WE ASK THAT THEY
`ADMITTED THAT HE DIDN'T HAVE AN OPINION. SO WE ASK THAT THEY
`
`NOT BE ALLOWED TO USE THIS EXHIBIT WITH DR. FUCHS ON DIRECT.
`NOT BE ALLOWED TO USE THIS EXHIBIT WITH DR. FUCHS ON DIRECT.
`
`THE COURT: WHAT'S APPLE'S RESPONSE?
`THE COURT: WHAT'S APPLE'S RESPONSE?
`
`MR DOWD: YOUR HONOR, JIM DOWD FOR APPLE.
`MR DOWD:
`YOUR HONOR,
`JIM DOWD FOR APPLE.
`
`MARCH 12, 2019
`MARCH 12, 2019
`
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`

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` 1
`
`I AM GOING TO SWITCH TO THE ELMO.
`I AM GOING TO SWITCH TO THE ELMO.
`
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`SO IF I CAN, YOUR HONOR, I JUST WANT TO BRIEFLY WALK
`SO IF I CAN, YOUR HONOR,
`I JUST WANT TO BRIEFLY WALK
`
`YOU THROUGH EXACTLY WHAT THIS IS AND EXACTLY WHERE IT IS IN
`YOU THROUGH EXACTLY WHAT THIS IS AND EXACTLY WHERE IT IS IN
`
`HIS REPORT, BECAUSE DR. FUCHS DID ADDRESS THIS IN HIS REPORT.
`HIS REPORT, BECAUSE DR. FUCHS DID ADDRESS THIS IN HIS REPORT.
`
`AND LET ME START YOU WITH DR. ANNAVARAM'S REPORT.
`AND LET ME START YOU WITH DR. ANNAVARAM'S REPORT.
`
`THIS IS DR. ANNAVARAM'S REPORT, IT IS PARAGRAPH 137. AND THE
`THIS IS DR. ANNAVARAM'S REPORT,
`IT IS PARAGRAPH 137.
`AND THE
`
`REASON I AM FOCUSED ON THAT IS BECAUSE DR. FUCHS REFERS TO
`REASON I AM FOCUSED ON THAT IS BECAUSE DR. FUCHS REFERS TO
`
`THIS PARAGRAPH SPECIFICALLY.
`THIS PARAGRAPH SPECIFICALLY.
`
`AND THIS IS THE PARAGRAPH IN DR. ANNAVARAM'S REPORT
`AND THIS IS THE PARAGRAPH IN DR. ANNAVARAM'S REPORT
`
`WHERE HE DISCUSSES THIS MFUNI HF.
`THIS IS THE EXTENT OF DR.
`WHERE HE DISCUSSES THIS MFUNI HF. THIS IS THE EXTENT OF DR.
`
`ANNAVARAM'S DISCLOSURE.
`THIS IS THE FULL DISCLOSURE THAT HE
`ANNAVARAM'S DISCLOSURE. THIS IS THE FULL DISCLOSURE THAT HE
`
`MADE IN HIS REPORT ABOUT HIS OPINION ON THIS.
`MADE IN HIS REPORT ABOUT HIS OPINION ON THIS.
`
`DR. ANNAVARAM THEN PRESENTED THIS SLIDE, WHICH --
`DR. ANNAVARAM THEN PRESENTED THIS SLIDE, WHICH ——
`
`CAN WE DO THIS NOT ON THE PUBLIC SCREEN.
`THANK YOU.
`CAN WE DO THIS NOT ON THE PUBLIC SCREEN. THANK YOU.
`
`THEN PRESENTS THIS SLIDE DURING HIS DIRECT.
`AND HE
`THEN PRESENTS THIS SLIDE DURING HIS DIRECT. AND HE
`
`POINTS TO THAT LINE OF CODE.
`POINTS TO THAT LINE OF CODE.
`
`PROFESSOR FUCHS, IN HIS REPORT --
`PROFESSOR FUCHS,
`IN HIS REPORT ——
`
`JUST ZOOM THIS OUT A LITTLE BIT MORE. SORRY, YOUR
`JUST ZOOM THIS OUT A LITTLE BIT MORE.
`SORRY, YOUR
`
`HONOR.
`HONOR.
`
`PROFESSOR FUCHS IN HIS REPORT SPECIFICALLY RESPONDS
`PROFESSOR FUCHS IN HIS REPORT SPECIFICALLY RESPONDS
`
`TO DR. ANNAVARAM'S ANALYSIS OF THE SOURCE CODE FOR APPLE'S
`TO DR. ANNAVARAM'S ANALYSIS OF THE SOURCE CODE FOR APPLE'S
`
`BACK-END COMPILER STATING THAT IT FAILS TO SHOW THE USE OF THE
`BACK-END COMPILER STATING THAT IT FAILS TO SHOW THE USE OF THE
`
`CONVERTING MFUNI. THAT IS THE DISPUTE, WHETHER IT SHOWS THAT.
`CONVERTING MFUNI.
`THAT IS THE DISPUTE, WHETHER IT SHOWS THAT.
`
`AND OVER ON THE NEXT PAGE, HE SPECIFICALLY POINTS
`AND OVER ON THE NEXT PAGE, HE SPECIFICALLY POINTS
`
`OUT HOW DR. ANNAVARAM MAKES A ONE-SENTENCE ASSERTION THAT THIS
`OUT HOW DR. ANNAVARAM MAKES A ONE-SENTENCE ASSERTION THAT THIS
`
`MARCH 12, 2019
`MARCH 12, 2019
`
`

`

`1291
` 1291
`
` 1
`
`MFUNI HF, THAT IS THE LINE OF CODE, IS TRANSLATED INTO THIS
`MFUNI HF, THAT IS THE LINE OF CODE,
`IS TRANSLATED INTO THIS
`
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`CONVERTING MFUNI.
`HE CITES THAT PARAGRAPH SPECIFICALLY AND HE
`CONVERTING MFUNI. HE CITES THAT PARAGRAPH SPECIFICALLY AND HE
`
`STATES, I DISAGREE, HAS MULTIPLE FLAWS, LACKS SUPPORT.
`STATES,
`I DISAGREE, HAS MULTIPLE FLAWS, LACKS SUPPORT.
`
`DR. ANNAVARAM FAILS TO POINT TO ANY SOURCE CODE THAT
`DR. ANNAVARAM FAILS TO POINT TO ANY SOURCE CODE THAT
`
`WOULD ACTUALLY GENERATE THE EXECUTABLE CODE.
`HE FAILS TO CITE
`WOULD ACTUALLY GENERATE THE EXECUTABLE CODE. HE FAILS TO CITE
`
`ANY ACTUAL EXAMPLES OF THE SCENARIOS NOTED ABOVE.
`HE HAS NOT
`ANY ACTUAL EXAMPLES OF THE SCENARIOS NOTED ABOVE. HE HAS NOT
`
`ANALYZED THE EXTEND TO WHICH FOLDING WOULD REMOVE THIS.
`ANALYZED THE EXTEND TO WHICH FOLDING WOULD REMOVE THIS.
`
`SO THE EXHIBIT, IF I TURN TO THE EXHIBIT. THIS IS
`SO THE EXHIBIT,
`IF I TURN TO THE EXHIBIT.
`THIS IS
`
`THE EXHIBIT THAT IS AT ISSUE.
`IT IS THE ACTUAL SOURCE CODE.
`THE EXHIBIT THAT IS AT ISSUE. IT IS THE ACTUAL SOURCE CODE.
`
`THIS IS THE LINE OF CODE IN THE DOCUMENT THAT BOTH EXPERTS
`THIS IS THE LINE OF CODE IN THE DOCUMENT THAT BOTH EXPERTS
`
`HAVE DISCUSSED.
`HAVE DISCUSSED.
`
`AND WHAT WE WOULD PROPOSE IS THAT DR. FUCHS BE ABLE
`AND WHAT WE WOULD PROPOSE IS THAT DR. FUCHS BE ABLE
`
`TO GIVE AN OPINION CONSISTENT WITH THE THREE POINTS HE MADE
`TO GIVE AN OPINION CONSISTENT WITH THE THREE POINTS HE MADE
`
`SPECIFICALLY IN REBUTTAL.
`SPECIFICALLY IN REBUTTAL.
`
`THE COURT:
`OKAY.
`LET ME RESERVE ON THAT.
`I THINK
`THE COURT: OKAY. LET ME RESERVE ON THAT. I THINK
`
`I WANT TO GET STARTED WITH THE JURY SO WE DON'T LOSE ANY MORE
`I WANT TO GET STARTED WITH THE JURY SO WE DON'T LOSE ANY MORE
`
`TIME.
`AND THEN WE WILL CLOSE OUT THAT ISSUE BEFORE DR. FUCHS
`TIME. AND THEN WE WILL CLOSE OUT THAT ISSUE BEFORE DR. FUCHS
`
`TESTIFIES.
`TESTIFIES.
`
`MR DOWD: THANK YOU, YOUR HONOR.
`MR DOWD:
`THANK YOU, YOUR HONOR.
`
`THE COURT:
`THANK YOU.
`THE COURT: THANK YOU.
`
`LET'S GO AHEAD AND BRING IN THE JURY.
`LET'S GO AHEAD AND BRING IN THE JURY.
`
`AND WE ARE PICKING UP WITH DR. LIN.
`AND WE ARE ON
`AND WE ARE PICKING UP WITH DR. LIN. AND WE ARE ON
`
`CROSS, CORRECT?
`CROSS, CORRECT?
`
`DR. LIN IS PRESENT?
`DR. LIN IS PRESENT?
`
`MS. BROOKS:
`HERE HE COMES.
`MS. BROOKS: HERE HE COMES.
`
`MARCH 12, 2019
`MARCH 12, 2019
`
`

`

`LIN — CROSS
`LIN - CROSS
`
`1292
` 1292
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`THE COURT:
`VERY GOOD.
`THE COURT: VERY GOOD.
`
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`SIR, YOU CAN RESUME THE WITNESS STAND. THANK YOU.
`SIR, YOU CAN RESUME THE WITNESS STAND.
`THANK YOU.
`
`GOOD MORNING, LADIES AND GENTLEMEN. WELCOME BACK.
`GOOD MORNING, LADIES AND GENTLEMEN. WELCOME BACK.
`
`WE ARE GOING TO PICK UP WHERE WE LEFT OFF YESTERDAY
`WE ARE GOING TO PICK UP WHERE WE LEFT OFF YESTERDAY
`
`WITH THE CROSS—EXAMINATION OF DR. LIN.
`WITH THE CROSS-EXAMINATION OF DR. LIN.
`
`GOOD MORNING. SIR, I WOULD REMIND YOU THAT YOU
`GOOD MORNING.
`SIR,
`I WOULD REMIND YOU THAT YOU
`
`REMAIN UNDER OATH FROM YESTERDAY'S PROCEEDINGS.
`REMAIN UNDER OATH FROM YESTERDAY'S PROCEEDINGS.
`
`THE WITNESS:
`UNDERSTOOD.
`THE WITNESS: UNDERSTOOD.
`
`THE COURT:
`THANK YOU.
`THE COURT: THANK YOU.
`
`MR. NELSON.
`MR. NELSON.
`
`MR. NELSON: THANK YOU, YOUR HONOR.
`MR. NELSON:
`THANK YOU, YOUR HONOR.
`
`CROSS-EXAMINATION
`CROSS-EXAMINATION
`
`Q. (MR. NELSON) : GOOD MORNING, DR. LIN.
`Q.
`(MR. NELSON)
`:
`GOOD MORNING, DR. LIN.
`
`A.
`
`Q.
`Q.
`
`GOOD MORNING.
`GOOD MORNING