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, ) WEDNESDAY SEPTEMBER 5, 2018
` ) 9:00 A.M. CALENDAR
` DEFENDANT. )
` )
`---------------------------------)
`AND RELATED COUNTERCLAIM )
`_________________________________)
`
` REPORTER'S TRANSCRIPT OF PROCEEDINGS
`
` CLAIMS CONSTRUCTION HEARING
`
`REPORTED BY:
`
` LEE ANN PENCE,
` OFFICIAL COURT REPORTER
` UNITED STATES COURTHOUSE
` 333 WEST BROADWAY, ROOM 1393
` SAN DIEGO, CALIFORNIA 92101
`
`Qualcomm, Ex. 1010, Page 1
`
`
`
` SOUTHERN DISTRICT OF CALIFORNIA
`
` BEFORE HONORABLE DANA M. SABRAW, JUDGE PRESIDING
`
` ________________________________
` )
`QUALCOMM INCORPORATED, )
` ) CASE NO. 17CV1375-DMS
` PLAINTIFF, )
` )
`VS. )
` ) SAN DIEGO, CALIFORNIA
`APPLE INCORPORATED, ) WEDNESDAY SEPTEMBER 5, 2018
` ) 9:00 A.M. CALENDAR
` DEFENDANT. )
` )
`---------------------------------)
`AND RELATED COUNTERCLAIM )
`_________________________________)
`
` REPORTER'S TRANSCRIPT OF PROCEEDINGS
`
` CLAIMS CONSTRUCTION HEARING
`
`REPORTED BY:
`
` LEE ANN PENCE,
` OFFICIAL COURT REPORTER
` UNITED STATES COURTHOUSE
` 333 WEST BROADWAY, ROOM 1393
` SAN DIEGO, CALIFORNIA 92101
`
`Qualcomm, Ex. 1010, Page 1
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`CAN BE ONE PROVIDER OF TIME-OF-DAY SERVICES; OUR POINT IS JUST
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`THAT IT IS NOT THE ONLY ONE.
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`THE COURT: THANK YOU.
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`WE ARE READY FOR THE NEXT GROUP OF PATENTS?
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`MR. GREEN: GOOD MORNING, YOUR HONOR.
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`THE COURT: GOOD MORNING.
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`MR. GREEN: I BRING YOU GOOD TIDINGS. THIS IS
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`INDEED THE LAST GROUP OF PATENTS. AND THEY ARE, I WILL SAY
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`THIS ONCE, THE DE CESARE PATENTS.
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`AND WHAT ARE WE HERE TO TALK ABOUT WITH THESE
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`PATENTS?
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`IF I COULD USE, NOT AN ANALOGY BUT AN EXAMPLE FROM
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`TODAY, YOUR HONOR. I NOTICED YOU VERY ATTENTIVELY LOOKING AT
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`YOUR MONITOR AND THE PRESENTATIONS, WHICH WE APPRECIATE VERY
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`MUCH. ALL THE PEOPLE IN THE ROOM WORKED ON THEM VERY HARD, I
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`CAN TELL.
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`BUT IF YOU WERE TO LOOK AWAY, AND LET'S SAY, JUST
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`HYPOTHETICALLY, COUNSEL WERE TO SAY SOMETHING COMPLETELY
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`ENTHRALLING, AND YOU STOPPED LOOKING AT YOUR MONITOR FOR SOME
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`PERIOD OF TIME IT MIGHT GO TO SLEEP, OR GO INTO AN IDLE STATE.
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`THE SCREEN WOULD DARKEN, MAYBE YOUR COMPUTER WOULD SHUT DOWN.
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`SOME OF THE LIGHTS THAT ARE ON WOULD DIM.
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`THESE ARE THE KIND OF TRANSITIONS AND OPERATING
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`MODES THAT THESE PATENTS -- THE DE CESARE PATENTS ARE INTENDED
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`TO ADDRESS. AND THEY ARE INTENDED TO DO THAT TO SAVE POWER.
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`SEPTEMBER 5, 2018
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`Qualcomm, Ex. 1010, Page 2
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`SO WE HAVE WAKE SITUATIONS, IDLE STATES, SLEEP
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`STATES. AND ALL OF THIS IS DESIGNED TO ACHIEVE THE DESIRABLE
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`EFFECTS OF LETTING THE PROCESSORS RUN LESS, DRAIN LESS ENERGY
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`FROM YOUR BATTERY, GENERATING LESS POWER DISSIPATION, THOSE
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`KINDS OF THINGS.
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`SO THAT IS WHY THE PATENTS MATTER. AND THAT LEADS
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`US TO A SET OF FOUR TERMS THAT WE HAVE TO TALK ABOUT. AND THE
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`THINGS I HAVE TO SAY ABOUT THEM ARE FEW BUT HOPEFULLY
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`COMPELLING.
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`AND I AM GOING TO START WITH THE PERFORMANCE DOMAIN
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`TERM.
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`IF WE COULD SKIP AHEAD -- I WILL SKIP MYSELF AHEAD
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`TO SLIDE NO. 93 IN YOUR PRESENTATION, YOUR HONOR.
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`SO ON SLIDE NO. 93 WE SEE THE PARTIES' CONSTRUCTIONS
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`JUXTAPOSED. I HAVE HIGHLIGHTED IN RED THE PORTION OF
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`QUALCOMM'S CONSTRUCTION THAT IS THE BASIS FOR THE DISPUTE --
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`BECAUSE, OF COURSE, ALL OF THE DISPUTES COME FROM QUALCOMM,
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`NOT FROM APPLE. YOU UNDERSTAND HOW THAT GOES.
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`AND THE RED LETTERS SAY: CONTROLLED BY THE POWER
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`MANAGEMENT UNIT AS A UNIT.
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`AND THAT CREATES TWO ISSUES, WHICH WE HAVE FRAMED IN
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`THE BRIEFING.
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`THE FIRST IS THAT A PERFORMANCE DOMAIN, IN FACT,
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`NEED NOT BE CONTROLLED AS A UNIT. A PERFORMANCE DOMAIN IS A
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`COMPONENT OR A COLLECTION OF COMPONENTS, THINGS LIKE A
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`SEPTEMBER 5, 2018
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`Qualcomm, Ex. 1010, Page 3
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`PROCESSOR, MAYBE OTHER PIECES OF HARDWARE OR OTHER THINGS,
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`THAT FOR SOME PARTICULAR REASON ARE LOGICALLY GROUPED
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`TOGETHER, SO THAT YOU MAY WANT TO HAVE A PROCESSOR RUNNING AND
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`MAYBE HAVE A PIECE OF MEMORY OVER ON THIS SIDE THAT HOLDS SOME
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`INFORMATION NEEDED BY THE PROCESSOR. IN INSTANCES I MAY -- IF
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`I PUT YOUR MONITOR TO SLEEP I MAY WANT YOUR PROCESSOR TO USE
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`LESS POWER, BUT I WANT THAT MEMORY TO CONTINUE TO HOLD
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`INFORMATION THAT YOUR MONITOR NEEDS TO QUICKLY WAKE BACK UP,
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`SO THAT EVERYTHING YOU WERE DOING BEFORE YOU LOOKED AWAY FROM
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`YOUR MONITOR DOESN'T JUST GO AWAY WHEN IT WAKES UP. THAT IS
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`THE KIND OF THING THAT WE ARE TALKING ABOUT HERE.
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`SO THAT IS ONE PROBLEM.
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`THE OTHER ISSUE IS THAT AS QUALCOMM CONSTRUES THE
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`TERM, A PERFORMANCE DOMAIN IS CONTROLLED ONLY BY THE POWER
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`MANAGEMENT UNIT. AND THAT IS NOT THE CASE, EITHER.
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`PERFORMANCE DOMAINS MAY BE CONTROLLED BY THE POWER MANAGEMENT
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`UNIT, OR THEY MAY BE CONTROLLED BY OTHER THINGS LIKE SOFTWARE
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`THAT EXISTS WITHIN THE SYSTEM.
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`SO IF I WAS TO GO TO THE NEXT SLIDE, THAT IS SLIDE
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`NO. 94. WE SEE THIS CONCEPT OF INDEPENDENT CONTROL OF THE
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`COMPONENTS WITHIN THE PERFORMANCE DOMAIN FRONT AND CENTER.
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`WE SEE THAT THE SPECIFICATION EXPRESSLY TEACHES THAT
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`THE VOLTAGE FOR THE PROCESSOR, FOR EXAMPLE, MAY BE SET
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`SEPARATELY FROM THE VOLTAGE OF THE OTHER COMPONENTS IN THAT
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`DOMAIN.
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`SEPTEMBER 5, 2018
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`Qualcomm, Ex. 1010, Page 4
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`WE SEE ALSO THAT: PERFORMANCE CHARACTERISTICS THAT
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`APPLY TO MORE THAN ONE COMPONENT IN A PERFORMANCE DOMAIN AND
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`THOSE PERFORMANCE CHARACTERISTICS MAY BE INDEPENDENT --
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`THERE IS AN L-Y MISSING.
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`-- BUT MAY BE INDEPENDENTLY CONTROLLED.
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`THAT IS PRETTY MUCH IT, YOUR HONOR. THE
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`SPECIFICATION EXPRESSLY TEACHES THAT I DON'T HAVE TO CONTROL
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`EVERY SINGLE COMPONENT IN A PERFORMANCE DOMAIN IN LOCKSTEP SO
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`THEY ARE ALL ON OR THEY ARE ALL OFF, OR THEY JUST ALL DO THE
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`SAME THING IN SOME PREDETERMINED FASHION.
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`IF I COULD USE A QUICK ANALOGY. IMAGINE IF -- I
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`DON'T KNOW IF YOUR HONOR USED PUBLIC TRANSPORTATION OR DROVE
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`OR WALKED TO THE COURTHOUSE TODAY, BUT LET'S SAY THAT YOU
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`DROVE. IMAGINE IF WHEN YOU TURNED YOUR CAR ON, INSTANTLY THE
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`LIGHTS COME ON, THE WINDSHIELD WIPERS COME ON, AND THE RADIO
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`COMES ON. AND WHEN YOU TURN IT OFF THEY ALL GO OFF. RIGHT?
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`SO THAT WOULD BE AN EXAMPLE -- A COURSE EXAMPLE OF
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`THINGS ACTING IN A UNITARY FASHION, SOME SET STATE FOR ALL OF
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`IT, ON OR OFF.
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`THAT IS NOT WHAT THE PATENT DESCRIBES, AND THAT IS
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`FOR THE PURPOSE OF ACHIEVING THESE POWER CONSERVATION GOALS
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`THAT I DESCRIBED WHEN I FIRST TOOK THE PODIUM.
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`WE SEE THIS CONCEPT ILLUSTRATED GRAPHICALLY ON SLIDE
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`95 IN THE RED BOX. THAT IS ONE PERFORMANCE DOMAIN. WE SEE A
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`PROCESSOR IN BLUE. WE SEE ANOTHER COMPONENT, IT COULD BE
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`SEPTEMBER 5, 2018
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`Qualcomm, Ex. 1010, Page 5
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`MEMORY, IT COULD BE SOMETHING ELSE.
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`IT IS EXPRESSLY STATED THAT THE COMPONENT 18, WHICH
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`IS THE OTHER COMPONENT, MAY REMAIN ACTIVE DURING TIMES THAT
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`THE PROCESSOR IS ASLEEP.
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`SO AGAIN, YOUR HONOR, DIFFERENT CHARACTERISTICS,
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`DIFFERENT ELEMENTS OF CONTROL, INDEPENDENT ELEMENTS OF CONTROL
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`FOR THE DIFFERENT COMPONENTS IN THAT DOMAIN.
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`AND WHAT WE ARE ASKING, YOUR HONOR, IS NOT, WE
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`THINK, A BIG ASK, WE ARE JUST ASKING THAT WE FOLLOW THE LAW
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`HERE IN CONSTRUING THE TERM.
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`THIS DISTRICT HISTORICALLY APPLIES SOME WELL-KNOWN
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`MAXIMS FROM THE FEDERAL CIRCUIT: CLAIM LANGUAGE SHOULD BE
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`INTERPRETED ACCORDING TO THE EMBODIMENTS IN THE SPECIFICATION
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`AND THE SURROUNDING CLAIM LANGUAGE.
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`AND THE FEDERAL CIRCUIT, OF COURSE, HAS TOLD US THAT
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`IF WE ARE GOING TO CONSTRUE CLAIMS TO EXCLUDE PREFERRED
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`EMBODIMENTS THEN WE ARE PROBABLY NOT GOING TO BE IN A
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`SITUATION WHERE THAT IS A CORRECT CONSTRUCTION.
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`IF THIS CONCEPT OF UNITARY CONTROL OR ALL OF THESE
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`THINGS THAT QUALCOMM IS NOW TRYING TO EMBED IN THIS TERM WERE
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`INTENDED TO BE WRITTEN IN THE CLAIMS, I WOULD EXPECT TO SEE
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`EXPRESS WORDS TO THOSE EFFECTS; BUT THEY ARE NOT THERE.
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`THE NEXT CONCEPT, YOUR HONOR, IS WHETHER THE
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`PERFORMANCE DOMAIN IS CONTROLLED ONLY BY A POWER MANAGEMENT
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`UNIT OR WHETHER IT CAN BE CONTROLLED BY SOMETHING ELSE.
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`SEPTEMBER 5, 2018
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`Qualcomm, Ex. 1010, Page 6
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`WE CAN GO TO THE PLAIN LANGUAGE OF THE CLAIM.
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`HERE ON SLIDE 97 WE SEE THAT CLAIM 1 OF THE '216
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`PATENT GIVES US A READY-MADE EXAMPLE. YOU WILL SEE EXAMPLES
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`LIKE THIS IN THE OTHER CLAIMS, BUT THIS IS THE ONE WE CHOSE.
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`IF WE SEE THE LANGUAGE IN YELLOW: A POWER
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`MANAGEMENT UNIT IS CONFIGURED TO TRANSITION A SECOND
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`PERFORMANCE DOMAIN.
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`SO THAT CLAIM HAS MULTIPLE PERFORMANCE DOMAINS, BUT
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`ONLY IN THE INSTANCE OF THE SECOND DOMAIN DOES THE CLAIM
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`RECITE THAT THE POWER MANAGEMENT UNIT WILL BE CONFIGURED TO
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`CREATE THAT TRANSITION.
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`IF WE LOOK AT THE GREEN TEXT ON THE BOTTOM OF SLIDE
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`97, THE HIGHLIGHTED GREEN TEXT, WE SEE THAT THE FIRST
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`PERFORMANCE DOMAIN INCLUDING THE PROCESSOR TRANSITIONING TO A
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`SECOND PERFORMANCE STATE, IS NOT EXPRESSLY LINKED TO THE POWER
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`MANAGEMENT UNIT BY THE LANGUAGE OF THE CLAIM.
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`SO AGAIN, WE ARE GOING TO HAVE TO STEP ACROSS THE
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`PLAIN LANGUAGE OF THE CLAIM TO GET TO QUALCOMM'S CONSTRUCTION,
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`AND THAT GENERALLY PUTS US IN A SITUATION WHERE WE HAVE
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`VIOLATED THE CANONICAL APPROACH TO HOW CONSTRUCTION SHOULD BE
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`DONE.
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`ONE MORE POINT TO PUT THE ICING ON THE CAKE, I HOPE,
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`ON SLIDE 98, WHICH IS, THE SPECIFICATION IS CONSISTENT WITH
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`AND COMPORTS WITH THAT INTERPRETATION OF THE CLAIMS. WE SEE
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`SOFTWARE HIGHLIGHTED IN YELLOW TWICE.
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`SEPTEMBER 5, 2018
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`Qualcomm, Ex. 1010, Page 7
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`THE SPECIFICATION EXPRESSLY SAYS THAT: SOFTWARE MAY
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`SIGNAL THE POWER MANAGEMENT UNIT THAT A PROCESSOR IN THE
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`SYSTEM IS READY TO ENTER SLEEP STATE.
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`SO THAT CONTROL ORIGINATES FROM THE SOFTWARE, NOT
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`NECESSARILY FROM JUST WITHIN THE PMU.
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`AND THEN AT THE BOTTOM WE SEE THAT ANOTHER REFERENCE
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`TO SOFTWARE BEING THE ENTITY THAT CONTROLS, NOT JUST THE PMU.
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`ONCE AGAIN, YOUR HONOR, THESE ARE -- THESE
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`APPROACHES THAT WE ARE TAKING ARE CONSISTENT WITH THE FEDERAL
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`CIRCUIT'S CLAIM LANGUAGE. THE SPECIFICATION GENERALLY USES
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`PERMISSIVE LANGUAGE AND THE CLAIMS USE PERMISSIVE LANGUAGE
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`LIKE MAY OR CAN. SO WE ARE GOING TO ASK THAT WE NOT CONSTRUE
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`THESE CLAIMS IN SOME WAY THAT WE COMPLETELY STEP AWAY FROM THE
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`SPECIFICATION.
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`SO THAT IS PERFORMANCE DOMAIN. AND I WILL YIELD THE
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`FLOOR TO MR. DAVIS.
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`THE COURT: THANK YOU.
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`MR. GREEN: I WAS BROUGHT IN EXPRESSLY TO COUNTER
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`MR. DAVIS, YOUR HONOR. WE USED TO WORK TOGETHER SO I KNOW ALL
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`OF HIS TRICKS.
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`(LAUGHTER)
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`MR. DAVIS: I WILL READILY ADMIT TO THAT, YOUR
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`HONOR. THEY HAD TO BRING IN TWO PEOPLE WITH SOUTHERN ACCENTS,
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`SO MINE IS TO COUNTERACT MR. GREEN'S.
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`MR. GREEN: I WAS BORN AND RAISED IN QUEENS, YOUR
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`SEPTEMBER 5, 2018
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`Qualcomm, Ex. 1010, Page 8
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`TO KEEP GOING.
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`MR. GREEN: MR. DAVIS?
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`MR. DAVIS: I DEFINITELY NOT GOING ANOTHER HOUR,
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`YOUR HONOR, IF THAT'S YOUR QUESTION.
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`MR. GREEN: WE WILL BE FINISHED -- IF MR. DAVIS WILL
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`JOIN ME IN THIS COMMITMENT, I THINK WE COULD BE FINISHED BY
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`12:30.
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`MR. DAVIS: I THINK I MIGHT BE ABLE TO HELP THAT,
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`WHICH IS THE LAST CLAIM TERM IN OUR FOUR DISPUTED TERMS, I
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`THINK IN THE INTEREST OF TIME WE ARE WILLING TO JUST AGREE TO
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`APPLE'S PROPOSAL, SO THAT WILL LEAVE US ONLY WITH TWO TO
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`DISCUSS.
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`MR. GREEN: WHICH TERM WAS THAT, MR. DAVIS?
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`MR. DAVIS: THE A PRIOR PERFORMANCE STATE PHRASE.
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`MR. GREEN: VICTORY. THANK YOU.
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`MR. DEVITT: THAT WAS AN AGREEMENT, WE DON'T CALL
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`THAT A VICTORY.
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`(LAUGHTER)
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`MR. DAVIS: HAPPY TO TAKE THAT OFF OF THE TABLE FOR
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`EVERYBODY INVOLVED.
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`MR. GREEN: HE CAN'T TRADE THAT FOR ONE OF THESE
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`OTHER THREE TERMS, YOUR HONOR. I WANT TO BE VERY CLEAR ABOUT
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`THAT.
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`THE COURT: OKAY. SO WE ARE DOING WELL. WE WILL
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`JUST KEEP GOING.
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`SEPTEMBER 5, 2018
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`Qualcomm, Ex. 1010, Page 9
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`MR. GREEN: THANK YOU. ALL RIGHT.
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`THE NEXT TERM, YOUR HONOR, IS POWER MANAGEMENT UNIT.
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`AND I THINK I WOULD START BY SAYING IT US JUST NOT
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`THAT COMPLICATED. A POWER MANAGEMENT UNIT IS PRETTY MUCH JUST
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`WHAT THE THREE WORDS IMPLY; IT IS SOMETHING THAT MANAGES
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`POWER. PLAIN AND ORDINARY MEANING WOULD SUFFICE, SO MAYBE I
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`WILL TRY MY LUCK HERE.
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`COULD WE AGREE TO PLAIN AND ORDINARY MEANING?
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`MR. DAVIS: NO.
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`(LAUGHTER)
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`MR. GREEN: I DID TRY. I DID HAVE TO TRY.
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`SO THAT LEAVES US TO TALK ABOUT THIS RED LETTER
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`LANGUAGE IN QUALCOMM'S PROPOSED CONSTRUCTION. AND THE RED
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`LETTERS HIGHLIGHT THREE DISPUTES THIS TIME WITHIN THE ONE
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`TERM: AUTOMATICALLY TRANSITIONING IN HARDWARE A PLURALITY OF
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`PERFORMANCE DOMAINS.
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`AND WHAT WE SEE QUALCOMM TRYING TO DO HERE IS ADD
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`THE CONCEPT OF AUTOMATIC OPERATION TO THE POWER MANAGEMENT
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`UNIT WHERE THERE IS NO REQUIREMENT OF AUTOMATIC OPERATION THAT
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`IS MANDATED IN THE CLAIMS OR BY THE SPECIFICATION
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`DESCRIPTIONS. WHATEVER AUTOMATIC MEANS, THAT IS JUST BEING
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`INJECTED IN.
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`WE HAVE THIS TRANSITIONING IN HARDWARE LIMITATION OR
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`CONCEPT, WHICH APPEARS INTENDED TO PRECLUDE ANY INVOLVEMENT,
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`ANY ASSOCIATION OR COOPERATION BETWEEN HARDWARE CIRCUITRY AND
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`SEPTEMBER 5, 2018
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`Qualcomm, Ex. 1010, Page 10
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`SOFTWARE PROGRAMMABLE INSTRUCTIONS. THINGS THAT ARE GENERALLY
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`NECESSARILY PRESENT FOR A HARDWARE COMPONENT TO WORK,
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`ESPECIALLY SOMETHING LIKE THIS THAT IS INTENDED TO OPERATE
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`ALGORITHMICALLY TO MANAGE POWER STATES LIKE IDLE AND WAKE AND
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`SLEEP STATES, AND TURN YOUR HONOR'S MONITOR ON OR OFF OR LET
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`IT GO IDLE, THAT KIND OF THING.
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`AND THEN THE LAST PIECE IS GOING TO BE ONE THAT IS
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`LARGELY A GRAMMATICAL DISPUTE FROM THE CLAIM LANGUAGE ITSELF:
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`A PLURALITY OF PERFORMANCE DOMAINS.
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`QUALCOMM SUGGESTS THAT THE POWER MANAGEMENT UNIT
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`MUST CONTROL MORE THAN ONE PERFORMANCE DOMAIN IF IT CONTROLS
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`ANY. WE SAY THAT IS NOT NECESSARY, IT IS SUFFICIENT TO
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`CONTROL ONE OR MORE.
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`SO LET'S START AT THE BEGINNING.
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`THE PLAIN LANGUAGE STATES THAT THE PMU MANAGES
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`POWER. WE SEE THIS IN THE CLAIMS. A POWER MANAGEMENT UNIT
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`CONFIGURED TO ESTABLISH A PERFORMANCE STATE. PERFORMANCE
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`STATES ARE THOSE IDLE, WAKE, SLEEP STATES THAT WE JUST TALKED
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`ABOUT.
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`THE POWER MANAGEMENT UNIT IS CONFIGURED TO
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`TRANSITION, THAT IS A SEPARATE THING THAT IT DOES. SO IT WILL
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`MOVE A DEVICE FROM ONE STATE TO ANOTHER. IT IS ASLEEP, IT
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`WILL TRANSITION IT TO BE AWAKE, AND THEN BACK TO AN IDLE STATE
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`WHEN IT IS NOT BEING USED ANY MORE.
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`SO THESE ARE ALL POWER MANAGEMENT TASKS, THAT IS
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`SEPTEMBER 5, 2018
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`Qualcomm, Ex. 1010, Page 11
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`WHAT A POWER MANAGEMENT UNIT DOES.
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`WE CAN STOP THERE. THAT WILL BE A PERFECTLY FINE
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`CONSTRUCTION, AND THAT WOULD BE CONSISTENT WITH THE GUIDANCE
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`FROM THE PITNEY BOWES CASE. THAT IS ONE YOUR HONOR PROBABLY
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`SEES IN EVERY CLAIM CONSTRUCTION BRIEF THAT COMES ACROSS YOUR
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`DESK.
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`WE DO NOT READ LIMITATIONS INTO THE CLAIMS FROM THE
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`SPECIFICATION THAT ARE NOT FOUND IN THE CLAIMS THEMSELVES.
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`THIS IS A SLIDE, SLIDE 104, THAT I WOULD LIKE TO
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`SPEND A LITTLE BIT OF TIME ON.
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`THIS SLIDE, SLIDE 104, SHOWS FIGURES 4 AND 5 FROM
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`THE PATENT. AND THEY SHOW THIS CONCEPT THAT I ALLUDED TO
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`EARLIER OF INTEGRATION BETWEEN THE POWER MANAGEMENT UNIT AND
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`SOFTWARE.
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`SO IF WE COULD FOLLOW ALONG TOGETHER, YOUR HONOR.
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`IF WE LOOK AT THE UPPER-MOST FIGURE IN THE TOP LEFT-HAND
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`CORNER OF YOUR SLIDE, IT SAYS APPS, OS, ET CETERA, AND HAS AN
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`ELEMENT NUMBER 60 UNDERLINED THERE.
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`THAT IS SOFTWARE. AND THAT SOFTWARE, AS DESCRIBED
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`IN THE SPECIFICATION AS SOFTWARE 60 IN THE TEXT BOX, CAN
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`COMMUNICATE WITH SOMETHING CALLED A PMU, A POWER MANAGEMENT
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`UNIT, DRIVER 70.
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`NOW, THAT PMU DRIVER IS THE TOP-MOST BUBBLE OR BOX
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`IN FIGURE 5. THAT'S THE FIGURE THAT IS TILED OVER THE FIGURE
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`THAT IS IN THE TOP LEFT-HAND CORNER.
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`SEPTEMBER 5, 2018
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`Qualcomm, Ex. 1010, Page 12
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`SO WHAT IS HAPPENING HERE.
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`WHAT WE SEE IS THAT SOFTWARE 60 AND A PMU DRIVER.
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`A DRIVER, AS YOUR HONOR MAY OR MAY NOT KNOW, IS ALSO
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`A FORM OF SOFTWARE. WHEN YOU HAVE A HOME PRINTER YOU MAY HAVE
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`HAD TO DOWNLOAD A DRIVER SO THAT THAT PRINTER WOULD BE ABLE TO
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`COMMUNICATE WITH THE PARTICULAR HOME COMPUTER YOU HAVE IN YOUR
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`HOUSEHOLD.
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`AND THAT IS WHAT DRIVERS DO, THEY TAKE DATA AND
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`TRANSLATE IT FROM DIFFERENT APPLICATIONS. I DON'T KNOW WHAT
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`WORD PROCESSOR YOU PREFER OR WHAT FORM OF SPREADSHEET OR
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`PRESENTATION APPLICATION YOU USE.
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`BUT THE NEAT THING ABOUT DRIVERS IS I CAN USE
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`MICROSOFT WORD AND MR. DAVIS CAN USE SOME OTHER FORM OF WORD
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`PROCESSOR, AND ONE PRINTER DRIVER IS ABLE TO TRANSLATE THE
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`DATA FROM HIS WORD -- HIS WORD PROCESSING APPLICATION AND MINE
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`INTO SOMETHING THAT THE ONE PRINTER CAN UNDERSTAND.
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`SO THAT IS IMPORTANT. AND IT SORT OF ILLUSTRATES
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`THE CONCEPT. THAT IS WHY WE CAN'T TAKE A POWER MANAGEMENT
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`UNIT AND PUT IT ON AN ISLAND AS JUST BEING A HARDWARE ONLY AND
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`NEVER EVER TALKING TO SOFTWARE.
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`AND I CAN PREDICT WITH GREAT CERTAINTY THAT IS WHAT
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`WE ARE GOING TO SEE IN A LATER PHASE OF THE CASE IF -- AND
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`THAT IS THE MOTIVATION FOR PURSUING THAT CONSTRUCTION. BUT IT
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`JUST IS NOT TRUE TO THE SPECIFICATION AND IT IS NOT TRUE TO
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`THESE FIGURES.
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`SEPTEMBER 5, 2018
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`Qualcomm, Ex. 1010, Page 13
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`AND IF I COULD CLOSE IT OUT BY DIRECTING YOUR
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`HONOR'S ATTENTION TO THE HIGHLIGHTED LANGUAGE AT THE BOTTOM OF
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`THE BIG TEXT BOX ON SLIDE 104 IT READS: BLOCKS 88 AND 90 MAY
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`THUS REPRESENT A SOFTWARE-CONTROLLED PERFORMANCE STATE
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`TRANSITION FOR ONE OR MORE PERFORMANCE DOMAINS.
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`AND THAT LOOKS A LOT LIKE THE CLAIM LANGUAGE. WE
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`DESCRIBE A POWER MANAGEMENT UNIT CONTROLLING OR TRANSITIONING
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`ONE OR MORE PERFORMANCE DOMAINS.
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`AND IN THIS EXAMPLE IT IS CLEARLY HAPPENING AT THE
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`DIRECTION, OR AT LEAST WITH THE ASSISTANCE OF THIS OUTSIDE
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`SOFTWARE. SO THAT IS WHY APPLE'S CONSTRUCTION IS PROPOSED AS
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`HARDWARE OR SOFTWARE.
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`NOW, WE CAN MAYBE OBVIATE SOME OF THIS. IF THE
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`GRIPE THAT I AM SEEING IN THE BRIEFING, AND, YOU KNOW, IT
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`TAKES SOME TIME JUST TO GET TO THE HEARING TO KIND OF FIGURE
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`OUT WHAT IT IS YOU REALLY CARE ABOUT.
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`IF THE ISSUE IS THAT A SOFTWARE ONLY IMPLEMENTATION
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`OF THE PMU IS COMPLETELY OFFENSIVE TO QUALCOMM, THEN WE COULD
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`RECONSTITUTE -- WE, APPLE, COULD RECONSTITUTE OUR PROPOSED
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`CONSTRUCTION OF POWER MANAGEMENT UNIT AS: HARDWARE, OR A
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`COMBINATION OF SOFTWARE AND HARDWARE, THAT CAUSES A
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`PERFORMANCE DOMAIN TO TRANSITION A PERFORMANCE STATE.
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`WELL, I MAY HAVE READ THAT INCORRECTLY. I WILL READ
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`IT MORE CORRECTLY AT THE END, YOUR HONOR.
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`BUT THE POINT IS, WE COULD DISPENSE WITH THE
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`SEPTEMBER 5, 2018
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`Qualcomm, Ex. 1010, Page 14
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`SOFTWARE ONLY CONCEPT IF THAT'S THE PROBLEM. IT SEEMS TO BE
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`CAUSING SOME CONSTERNATION.
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`I CAN TELL YOUR HONOR WHAT WE ARE TRYING TO AVOID IS
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`A CONSTRUCTION THAT REQUIRES HARDWARE ONLY, NO INTERACTION, NO
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`COLLABORATION, NO COOPERATION WITH SOFTWARE AT ALL, BECAUSE
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`THAT JUST DOESN'T REALLY MATCH REALITY AND IT DOESN'T MATCH
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`WHAT IS GOING ON IN THE SPECIFICATION.
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`SO WITH THAT, YOUR HONOR, I AM GOING TO SKIP AHEAD.
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`WE SEE SOME OTHER EXAMPLES OF THAT, BUT THOSE ARE
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`HIGHLIGHTED IN OUR BRIEF.
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`I AM GOING TO SKIP PAST DR. MOONEY'S TESTIMONY.
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`I AM GOING TO STOP HERE ON SLIDE 107. THIS IS A
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`POINT THAT QUALCOMM MADE IN ITS BRIEFING SUGGESTING THAT APPLE
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`HAD SOMEHOW DISAVOWED THE CONCEPT OF SOFTWARE AT ALL. AND
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`THAT IS NOT WHAT HAS HAPPENED IN THIS OFFICE ACTION.
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`WHAT HAPPENED IN THE OFFICE ACTION WAS THAT THE
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`CLAIMS, AS A WHOLE, WERE REJECTED AS BEING, IN THE EXAMINER'S
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`OPINION, NON-STATUTORY FOR IMPLEMENTATION ONLY IN SOFTWARE.
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`THE APPLICANTS FOR THE PATENT RESPONDED BY SAYING IT
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`IS NOT A SOFTWARE ONLY CLAIM. THERE ARE ELEMENTS OF THE CLAIM
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`AS A WHOLE THAT CAN BE IMPLEMENTED IN HARDWARE, AND THEY
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`INCLUDE A POWER MANAGEMENT UNIT, AND WE ACKNOWLEDGE THAT.
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`BUT NOWHERE IN THIS RESPONSE TO THE PATENT OFFICE
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`DID THE APPLICANT SAY, I WILL NEVER IMPLEMENT A POWER
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`MANAGEMENT UNIT IN SOFTWARE, AND THE POWER MANAGEMENT UNIT
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`SEPTEMBER 5, 2018
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`Qualcomm, Ex. 1010, Page 15
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`WILL NEVER INTERACT WITH, COLLABORATE WITH, TALK TO,
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`COMMUNICATE WITH, SOFTWARE.
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`AND THAT'S THE UPSHOT OF QUALCOMM'S CONSTRUCTION. I
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`PREDICT TODAY'S PROPOSAL IS THE FIRST OF TWO BITES AT AN APPLE
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`-- I WILL CALL IT APPLE NONINFRINGEMENT, RIGHT? IT IS STEP
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`ONE OF A TWO-STEP PLAN. A TEXAS TWO-STEP, IF YOU WILL, MR.
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`DAVIS, A NOD TO YOUR HOME STATE.
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`SO THAT IS THE ISSUE WITH THE SOFTWARE AND HARDWARE
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`ONLY.
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`AND SO, AGAIN, WE ARE ASKING THAT WE FOLLOW THE LAW.
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`THERE WAS NO CLEAR AND UNMISTAKABLE DISCLAIMER OF A POWER
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`MANAGEMENT UNIT BEING LIMITED TO THE HARDWARE ONLY. SO IT IS
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`NOT APPROPRIATE TO TAKE THAT DISCUSSION BETWEEN THE APPLICANTS
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`AND THE PATENT OFFICE AND CONVERT IT INTO THIS LIMITATION NOW.
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`THE LAST POINT, YOUR HONOR, REGARDS THE
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`AUTOMATICALLY CONCEPT. THIS IS KIND OF AN EASY ONE. I WAS
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`ACTUALLY ABLE TO MAKE THIS SLIDE MYSELF WHERE THE WORD
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`AUTOMATICALLY IS JUST BEING INJECTED INTO THE CLAIM. IT IS
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`NOT THERE.
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`IT IS ADDRESSED IN THE BRIEFING, YOUR HONOR. THE
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`SPECIFICATION DOES DESCRIBE AUTOMATIC TRANSITIONS FROM ONE
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`STATE TO ANOTHER OR ONE DOMAIN TO -- ONE DOMAIN GOING TO ONE
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`STATE TO ANOTHER. BUT THE WORD AUTOMATICALLY WAS NOT WRITTEN
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`INTO THE CLAIM. AND THE APPLICANTS CLEARLY KNEW HOW AND WHEN
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`TO USE IT, SO THEY LEFT IT OUT. AND THE CORRECT UNDERSTANDING
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`SEPTEMBER 5, 2018
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`Qualcomm, Ex. 1010, Page 16
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`AND PRESUMPTION IS THAT AUTOMATICALLY SHOULD NOT BE PART OF
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`THIS CLAIM INTERPRETATION, YOUR HONOR.
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`THANK YOU.
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`THE COURT: THANK YOU.
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`MR. DAVIS, THERE WAS A PROPOSAL ON HARDWARE AND/OR
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`HARDWARE, SOFTWARE, SOMETHING LIKE THAT. WHAT IS YOUR VIEW?
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`MR. DAVIS: IT GETS US CLOSER BUT NOT THERE, YOUR
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`HONOR.
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`AND TO START WITH, THE PROBLEM WITH THAT -- AND I
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`WILL GET TO THIS POINT. BUT I WILL JUST SAY AT THE OUTSET IS
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`IT GETS IN THROUGH THE BACK DOOR WHAT YOU CAN'T GET IN THROUGH
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`THE FRONT DOOR.
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`AND I AM SURE YOU HAVE NEVER HEARD THAT BEFORE IN
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`YOUR COURTROOM.
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`AND IT GOES BACK TO -- ACTUALLY I AM GOING TO SKIP
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`AHEAD A LITTLE BIT IN MY SLIDES TO COVER THAT POINT, AND THEN
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`I WILL COME BACK.
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`IT COMES BACK TO THIS POINT, WHICH IS SLIDE 34 OF MY
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`PRESENTATION.
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`ON THE LEFT SIDE, THE PORTION THAT IS GRAYED OUT,
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`THAT IS WHAT WASN'T THEIR INVENTION. THAT IS WHAT THE
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`APPLICANT SAID, THAT IS NOT GOOD ENOUGH, IT IS TOO SLOW.
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`WELL, IN THAT PICTURE THE GENERAL PURPOSE PROCESSOR
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`IS HARDWARE. OKAY. SO UNDER APPLE'S CONSTRUCTION IT SAYS IT
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`IS HARDWARE AND SOFTWARE. THAT COVERS WHAT THE APPLICANT SAID
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`SEPTEMBER 5, 2018
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`Qualcomm, Ex. 1010, Page 17
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`DOMAIN, IN FACT THEY ARE CONTROLLING EACH OF THE PLURALITY.
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`AND A PLURALITY CLEARLY REQUIRES MORE THAN ONE, SO IT IS NOT
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`JUST ONE OR MORE.
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`THAT'S ALL I HAVE ON THAT TERM, YOUR HONOR.
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`MR. GREEN: I HAVE ONE REBUTTAL POINT, YOUR HONOR.
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`THANK YOU FOR PLACING MY SLIDES BACK.
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`IF WE COULD GO TO SLIDE 105.
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`THE THING I WOULD LIKE TO LEAVE YOU WITH, YOUR
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`HONOR, IS THAT THE GIST OF QUALCOMM'S CONSTRUCTION IS THAT IN
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`ALL CASES THESE TRANSITIONS OCCUR -- ORIGINATE IN AND OCCUR IN
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`HARDWARE. AND WE SEE AN EXPRESS DESCRIPTION, MULTIPLE EXPRESS
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`DESCRIPTIONS, IN THE SPECIFICATION THAT THAT IS JUST NOT SO.
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`LOOKING AT SLIDE 105 WE SEE THE TOP TEXT BOX WHICH
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`IS TAKEN FROM COLUMN 10, LINES 54 TO 57 OF THE '812 PATENT.
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`AND I WILL READ IT BECAUSE THIS IS IMPORTANT: MAY
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`BE PROGRAMMABLE IN THE PMU BY SOFTWARE, AND SOFTWARE MAY
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`SIGNAL THE PMU THAT A PROCESSOR IN THE SYSTEM IS TO ENTER THE
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`SLEEP STATE.
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`THAT'S A TRANSITION, FROM ONE STATE TO THE NEXT.
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`AND IT IS NOT LIMITED TO SOMETHING THAT HAPPENS SOLELY WITHIN
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`THE HARDWARE, THE SILICON CONFINES OF A CHIP.
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`IF THE APPLICANTS WANTED TO USE THE WORD CIRCUIT IN
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`THESE CLAIMS, THEY COULD HAVE DONE IT. THEY USED THE WORD
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`CIRCUIT IN OTHER CLAIMS; THEY DIDN'T USE IT HERE. SO QUALCOMM
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`IS TRYING TO BRING THAT OVER FROM OTHER CLAIMS INTO THESE.
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`SEPTEMBER 5, 2018
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`Qualcomm, Ex. 1010, Page 18
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`I THINK -- I AM IMPRESSED. I THINK I HAVE COUNTED,
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`LIKE, SEVEN DIFFERENT COLORS OF HIGHLIGHTING, ELABORATE
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`FIGURES, AND ALL OF THIS STUFF IN THE PRESENTATION THAT
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`QUALCOMM IS MAKING TO KIND OF GENERATE AN APPEARANCE OF
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`SOMETHING THAT IS NOT THERE, RIGHT?
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`IT IS MUCH SIMPLER THAN ALL OF THESE SLIDES AND ALL
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`OF THESE ARGUMENTS ARE PERHAPS LEADING IT TO BE. THE
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`SPECIFICATION SIMPLY DOESN'T JUSTIFY IMPORTING NOT ONE, NOT
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`TWO, BUT THREE LIMITATIONS INTO THIS POWER MANAGEMENT UNIT
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`TERM, AUTOMATICALLY MUST CONTROL A PLURALITY OF DOMAINS AND
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`HAS TO BE ONLY IN HARDWARE. IT IS JUST NOT THERE.
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`MR. DAVIS: YOUR HONOR, IF I COULD JUST MAKE ONE
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`VERY BRIEF POINT ABOUT THIS SLIDE THAT JUST HAPPENS TO BE UP.
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`I THINK FROM THE FIRST -- THE TOP PORTION I THINK IT
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`IS VERY CLEAR THAT THE PMU -- THE SOFTWARE BEING TALKED ABOUT
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`HERE IS NOT THE PMU. IF IT IS PROGRAMMABLE IN THE PMU BY
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`SOFTWARE THAT IS REFERRING TO SOFTWARE THAT IS NOT PART OF THE
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`PMU; WHICH IS AGAIN OUR WHOLE POINT.
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`YOU HAD TO PARSE CAREFULLY THE SPECIFICATION, AND
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`CERTAINLY THERE IS DISCUSSION OF SOFTWARE, WE DON'T DISAGREE
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`ABOUT THAT. THE QUESTION IS, DOES THE SPECIFICATION SAY THAT
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`THAT SOFTWARE IS PART OF THE PMU OR SOMETHING OUTSIDE THAT IS
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`INTERACTING WITH THE PMU. AND WE THINK IT IS THE LATTER, NOT
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`THE FORMER.
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`THE COURT: OKAY.
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`SEPTEMBER 5, 2018
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`Qualcomm, Ex. 1010, Page 19
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`MR. GREEN: IT IS DIFFICULT TO RESIST THAT
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`TEMPTATION TO GET THE FINAL WORD.
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`THE WORD PMU DRIVER IS USED, PMU MODIFIES DRIVER FOR
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`A REASON. IT IS NOT JUST DRIVER, IT IS PMU DRIVER.
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`THAT IS IT.
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`IF THERE IS SOMETHING ELSE, MR. DAVIS, I WILL GLADLY
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`YIELD THE PODIUM.
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`MR. DAVIS: NO, I HAVE COVERED THAT.
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`MR. GREEN: THANK YOU.
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`WHAT IS NOW THE LAST TERM, YOUR HONOR, IT IS:
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`ESTABLISH A PERFORMANCE STATE.
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`SO HERE ON SLIDE 118 WE SEE THE PARTIES' DISPUTE
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`BROUGHT INTO RELIEF AGAIN BY THE RED LETTERS IN QUALCOMM'S
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`CONSTRUCTION.
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`QUALCOMM IS ADVOCATING THAT WE SHOULD SUBSTITUTE IN
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`THE PHRASE TO APPLY FOR THE WORD ESTABLISH.
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`AGAIN, APPLE SUGGESTS THAT A PLAIN AND ORDINARY
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`MEANING WOULD BE SUFFICIENT HERE. IF NOT PLAIN AND ORDINARY
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`WE HAVE OUR PROPOSED CONSTRUCTION TO: SET THE ONE OR MORE
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`PERFORMANCE CHARACTERISTICS TO THE APPROPRIATE VALUES FOR THE
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`PERFORMANCE STATE.
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`THIS IS WHERE WE ARE GOING TO JUMP OFF INTO THIS.
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`ONCE AGAIN, YOUR HONOR, WE HAVE TAKEN A WORD, THE
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`WORD IS APPLY --
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`AND I AM LOOKING AT SLIDE 120.
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`SEPTEMBER 5, 2018
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`Qualcomm, Ex. 1010, Page 20
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`AND IT WAS USED IN ONE CONTEXT IN THE SPECIFICATION,
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`NOT USED IN THE CLAIM, AND WE ARE BRINGING IT INTO THE CLAIM.
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`SO THE WORD APPLY APPEARS EXACTLY ONE TIME IN THE
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`PATENT SPECIFICATION, AND IT APPLIES IN A DIFFERENT -- WELL,
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`IT APPEARS IN A DIFFERENT CONTEXT.
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`WE SEE: SIMILARLY, ANY OTHER PERFORMANCE
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`CHARACTERISTICS THAT APPLY TO MORE THAN ONE COMPONENT IN A
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`PERFORMANCE DOMAIN AND THAT MAY BE INDEPENDENTLY --
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`INDEPENDENT CONTROLLED.
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`WE SEE APPLY USED IN THE SENSE OF BEING APPLICABLE,
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`NOT APPLY THE VERB, YOU KNOW, TO IMPRESS OR MAKE, NOT THAT
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`MEANING OF THE WORD APPLY.
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`SO AGAIN, THE PATENT DRAFTERS AND THE INVENTORS KNEW
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`TO USE THE WORD APPLY IN SOME CONTEXT, THEY DID NOT USE IT
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`WHEN DRAFTING THE CLAIM.
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`AND WE JUST DON'T NEED IT HERE. AND THE REASON WE
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`DON'T NEED IT IS BECAUSE WHAT WE ARE ESTABLISHING IS A
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`PERFORMANCE STATE. AND THE PARTIES AGREE ON WHAT A
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`PERFORMANCE STATE IS. WE AGREE THAT IT IS: A COMBINATION OF
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`PERFORMANCE CHARACTERISTICS FOR THE COMPONENTS IN A
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`CORRESPONDING PERFORMANCE DOMAIN.
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`I READ THAT FROM OUR JOINT CLAIM CONSTRUCTION
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`STATEMENT. I HAVE EXCERPTED IT HERE ON SLIDE 121. SO THERE
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`IS NO DISPUTE ABOUT WHAT A PERFORMANCE STATE IS.
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`AND WE KNOW THAT A PERFORMANCE STATE CONSISTS OF
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`SEPTEMBER 5, 2018
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`Qualcomm, Ex. 1010, Page 21
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`PERFORMANCE CHARACTERISTICS. IT IS THOSE THINGS THAT YOU HAVE
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`HEARD ABOUT IN THE PRECEDING PRESENTATIONS. THERE IS VOLTAGES
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`THAT MAY BE APPLIED TO A PROCESSOR, THERE ARE CLOCK
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`FREQUENCIES WHICH MAKE THE PROCESSOR EXECUTE A SERIES OF
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`INSTRUCTIONS. THEY ARE LIKE A METRONOME, EVERY TIME IT CLICKS
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`ON SIDE OR THE OTHER THE PROCESSOR WILL TURN OVER AND IT WILL
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`DO SOMETHING, IT WILL MAKE ANOTHER CALCULATION, IT WILL CRUNCH
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`ANOTHER PIECE OF DATA. CACHE SIZES, RESOLUTION SIZES.
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`THESE ARE ALL CHARACTERISTICS THAT COULD BE APPLIED
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`TO DEFINE THAT STATE.
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`SO WE KNOW WHAT WE ARE TALKING ABOUT, SO THAT LEAVES
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`US WITH WHAT I THINK IS AN INTERESTING EXERCISE.
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`IF WE TAKE QUALCOMM'S CONSTRUCTION AND WE SUBSTITUTE
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`IT BACK INTO THE CLAIM, I THINK WHAT WE ARE GOING TO SEE IS
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`THAT WE HAVE MADE THIS IS LOT MORE COMPLICATED THAN WE NEED TO
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`DO.
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`SO WHAT WE HAVE SHOWN IN SLIDE 123 IS WE TOOK OUT
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`THE DISPUTED PHRASE, ESTABLISH A PERFORMANCE STATE, AND WE
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`SUBSTITUTED IN THE LANGUAGE OF QUALCOMM'S PROPOSAL. AND THEN
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`WE GET THIS ILLOGICAL RESULT WHERE INSTEAD OF HAVING, AS THE
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`CLAIM ORIGINALLY REQUIRED, A POWER MANAGEMENT UNIT CONFIGURED
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`TO ESTABLISH A PERFORMANCE STATE IN EACH OF THE PLURALITY OF
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`PERFORMANCE DOMAINS; WHAT WE NOW HAVE IS A POWER MANAGEMENT
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`UNIT CONFIGURED TO CAUSE THE PERFORMANCE DOMAIN ITSELF TO
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`APPLY THE PERFORMANCE STATE TO THAT DOMAIN.
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`SEPTEMBER 5, 2018
`
`Qualcomm, Ex. 1010, Page 22
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`
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` 149
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`SO IT IS USEFUL SOMETIMES TO TAKE THESE PROPOSALS
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`AND SUBSTITUTE THEM BACK INTO THE CLAIM AND SEE EXACTLY WHAT
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`YOU GET.
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`IN THIS CASE IT DOESN'T REALLY MAKE SENSE. IT IS
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`THE POWER MANAGEMENT UNIT THAT CAUSES THESE PERFORMANCE STATES
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`TO BE SET, THAT CAUSES THE TRANSITIONS IN A LATER STEP. IT IS
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`NOT THE PERFORMANCE DOMAIN THAT APPLIES A PERFORMANCE STATE TO
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`ITSELF.
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`IF I COULD SWAP TO THE ELMO, I WANT TO MAKE ONE -- I
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`WILL CALL IT A PRE-REBUTTAL POINT BASED ON THE PRESENTATIONS.
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`MR. DEVITT: WE HAVEN'T EVEN RESPONDED YET. WE
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`HAVEN'T PRESENTED.
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`MR. GREEN: YOU KNOW WHAT? I AM GOING TO
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`COMPLEMENT, YOUR SLIDE WAS BETTER THAN MINE.
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`MR. DEVITT: WE WILL TAKE THAT, AND YOU CAN COME UP
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`AFTER HE IS FINISHED.
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`MR. DAVIS: TELL ME WHICH ONE, AND I WILL BE SURE TO
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`DISCUSS THAT.
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`(LAUGHTER)
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`MR. GREEN: IT IS GOING TO BE SLIDE 49. SO I WILL
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`LEAVE THAT PLACEHOLDER. AND I WILL GIVE THE PODIUM UP TO
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`MR. DAVIS, YOUR HONOR.
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`MR. DAVIS: WE ARE ROUNDING THIRD BASE.
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`SO WE DO HAVE A DISPUTE ABOUT: ESTABLISH A
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`PERFORMANCE STATE.
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`SEPTEMBER 5, 2018
`
`Qualcomm, Ex. 1010, Page 23
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` 159
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`SOON, IN THE NEXT WEEK OR SO, TO THE FIRST MARKMAN ORDER, AND
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`THEN I WILL ADDRESS THIS ONE. AND I AM HOPING TO KEEP THE
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`CASES ON TRACK, AND TO GET THESE ORDERS OUT FAIRLY SOON FROM
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`TODAY'S HEARING.
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`MR. GREEN: YOUR HONOR, IF I MAY, I WOULD LIKE TO
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`READ INTO THE RECORD, FOR CLARITY, FOR QUALCOMM'S BENEFIT AND
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`FOR YOUR HONOR'S BENEFIT, THE -- I WILL CALL IT A COMPROMISE
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`CONSTRUCTION THAT APPLE WAS PROPOSING FOR POWER MANAGEMENT
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`UNIT.
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`THE COURT: YES.
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`MR. GREEN: THE COMPROMISE CONSTRUCTION THAT APPLE
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`PROPOSES FOR POWER MANAGEMENT UNIT IS THIS: HARDWARE, OR A
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`COMBINATION OF SOFTWARE AND HARDWARE, THAT CAUSES A
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`PERFORMANCE DOMAIN TO TRANSITION TO A PERFORMANCE STATE.
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`THE COURT: OKAY. THANK YOU VERY MUCH. I
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`APPRECIATE IT. AND AS INDICATED, I WILL ENDEAVOR TO GET THESE
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`RULINGS OUT IN RELATIVELY THE SHORT ORDER
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