`
`Date: March 22, 2021
`Case: Samsung Display Co., LTD. -v- Solas Oled, LTD. (PTAB)
`
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`WORLDWIDE COURT REPORTING & LITIGATION TECHNOLOGY
`
`SAMSUNG EX. 1030 - 1/22
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`
`
` UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE
` --------------------
` THE PATENT TRIAL AND APPEAL BOARD
` --------------------
` SAMSUNG DISPLAY Co., LTD.,
` Petitioner
` vs.
` SOLAS OLED LTD.,
` Patent Owner
` --------------------
` Case Nos. IPR2019-01668, IPR2020-00140,
` IPR2020-00320
`
` Conference Call
` Conducted Telephonically
` Monday, March 22, 2021
` 1:56 p.m.
`
`Job No.: 361940
`Pages: 1 - 15
`Reported by: Matthew Goldstein, RPR, RMR
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`Transcript of Conference Call
`Conducted on March 22, 2021
`
`2
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` Conference call held telephonically:
`
` Before Matthew Goldstein, RPR, RMR,
`Notary Public in and for the State of Maryland.
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`3
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` A P P E A R A N C E S
`ON BEHALF OF THE PETITIONER, SAMSUNG DISPLAY
`CO., LTD.:
`NEIL A. RUBIN, ESQUIRE
`RUSS AUGUST & KABAT
`12424 Wilshire Boulevard
`12th Floor
`Los Angeles, California 90025
`310.826.6991
`
`ON BEHALF OF THE PATENT OWNER, SOLAS OLED
`LTD.:
`DAVID A. GARR, ESQUIRE
`COVINGTON & BURLING, LLP
`850 Tenth Street,NW
`One City Center
`Washington, DC 20001
`202.662.6000
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`Transcript of Conference Call
`Conducted on March 22, 2021
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`4
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`A P P E A R A N C E S C O N T I N U E D
`
` ADMINISTRATIVE PATENT JUDGES:
` JESSICA KAISER
` SALLY MEDLEY
` JULIA HEANEY
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`Transcript of Conference Call
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`5
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` JUDGE KAISER: So this is Judge Jessica
`Kaiser. This is a conference call in
`IPR 2019-01668, IPR 2020-00140 and IPR 2020-00320.
`I have with me on the call also Judges Sally
`Medley and Julia Heaney.
` We've been -- we had some audio
`difficulties with people joining at the beginning
`of a call, but I'm just going to briefly go over
`what has been discussed and then allow each
`counsel an opportunity to address my summary.
` So we've talked about the fact that
`there has been a jury trial in the related
`proceeding Solas OLED Limited versus Samsung
`Display Company Limited, Case Number 19-CV-00152
`JRG in the Eastern District of Texas.
` The board reached out to the parties to
`ask for some information about that co-pending
`jury trial, including trial transcripts and other
`information that might be relevant to the issues
`to be discussed by the board in these IPR
`proceedings.
` It appeared that the parties had a
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`6
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`little bit of -- or wanted some clarification
`about the scope of what the board was requesting
`and so we scheduled this conference call to
`address that scope and to get some more context.
` I understand based on information
`provided by both parties during this call that
`there has been a jury verdict in the co-pending
`district court proceeding related to
`IPR 2019-01168 [sic], which involves the '311
`patent. The jury decided issues related to
`Claims 7 and 12. We understand that the specific
`invalidity grounds or unpatentability grounds that
`are at issue in the IPR proceeding were not
`presented at trial so those are obviousness
`grounds based on Kuriki and Mikladal and
`obviousness ground based on Moran and Joo.
`Rather, there was some overlap with the jury being
`presented with an obviousness ground based on Joo
`and another reference called the Yilmaz as well as
`some evidence presented around the priority date
`of the '311 patent. And we understand that
`ultimately the jury concluded based on that
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`7
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`unpatentability ground and perhaps others that the
`'311 patent was not invalid.
` As to IPR 2020-00140, which involves the
`'450 patent, we understand that at the related
`district court, litigation Claims 4 and 5 were at
`issue and that the jury reached a verdict that
`those claims were invalid and that there were
`invalidity grounds presented in front of the jury
`based on the reference Utsugi by itself, which is
`also presented in the case before the board, the
`140 proceeding.
` As related to IPR 2020-00320, which
`involves the '338 patent, we understand the claims
`at issue before the jury and the related district
`court case were Claims 5 and 9, but that no
`invalidity arguments were presented as to those
`claims at trial.
` So that's my attempt at the brief
`summary. Mr. Garr, I'll give you an opportunity
`to comment on that for purposes of transcript.
` MR. GARR: Thank you very much
`Judge Kaiser for summarizing that for the
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`Transcript of Conference Call
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`transcript.
` For the most part, I think everything
`you said we would agree with. I would just note a
`couple small caveats or a couple caveats. One is
`for the '311 patent, which is at issue in the 1168
`proceeding, as I noted, we did not introduce any
`testimony on the priority date issue. And we did
`not cross the plaintiff's expert on that issue
`because there was an agreement allowing the cross
`as part of -- would be sort of permitted as part
`of the rebuttal testimony and that expert was
`ultimately not called to offer rebuttal testimony.
`So that's the caveat on the issues that you read
`into the record just now.
` And then the other additional comment I
`would make is that we understand the importance of
`getting information to the board as quickly as
`possible; but as we discussed before going on the
`record, there are certain aspects, perhaps smaller
`aspects of the testimony at least on the Joo
`reference, that may fall under parts of the court
`transcript that are currently sealed under a court
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`order. I think the same thing is true for the
`priority date issues and the parties will need to
`jointly, hopefully, seek relief from the district
`court judge before we can submit those portions
`that are currently sealed here in the IPR.
` JUDGE KAISER: Okay. All right. Very
`good. Thank you, Mr. Garr.
` Mr. Rubin, is there anything that you
`want to clarify about the related district court
`case?
` MR. RUBIN: Thank you, your Honor.
` So I think that the summary that you
`provided is accurate. The one thing I did want to
`do for the record is provide a response to what
`counsel said about the issue of cross-examination
`of patent owner's expert on the conception and
`reduction practice opinions that he offered
`concerning the '311 patent.
` So the expert presented those opinions
`during our case-in-chief and Samsung elected not
`to cross-examine him on those opinions during our
`case-in-chief, although they had the opportunity
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`10
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`to do so. For whatever reason, they were planning
`to cross-examine him on those opinions during a
`rebuttal case, but the witness wasn't called
`during our rebuttal case. So it's true they did
`not cross-examine him, but they could have had
`they chosen to do so during our case-in-chief.
` JUDGE KAISER: Okay. I'm going to just
`take a minute to confer with the panel now that we
`have a court reporter with the information that
`we've got on the record to see how we want to
`proceed. So I will be back in just a few minutes.
` MR. GARR: Thank you.
` JUDGE KAISER: This is Judge Kaiser. I
`want to make sure we still have Mr. Garr with us.
` MR. GARR: I'm still on, thank you.
` JUDGE KAISER: And we still have
`Mr. Rubin?
` MR. RUBIN: I'm here as well, your
`Honor.
` JUDGE KAISER: And we have the court
`reporter?
` THE COURT REPORTER: Yes, ma'am, I'm
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`Conducted on March 22, 2021
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`11
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`here.
` JUDGE KAISER: Okay. Thank you.
` So I had a chance to confer with my
`colleagues. I wanted to thank both counsel very
`much for getting on this call and providing the
`context. We wanted to see -- and this may be
`actually a question for the court reporter. We
`wanted to see if it would be possible to expedite
`the filing of this transcript so that we can get
`it within a day or two. I think that may
`alleviate some of the other things that we had
`asked for, particularly in light of understanding
`some of the field issues that exist in the
`district court.
` THE COURT REPORTER: The transcript is
`rather short, I would have no problem getting it
`out to you guys whenever you need it by.
` JUDGE KAISER: Okay. Mr. Garr, would
`you be amenable to working with the court reporter
`to expedite that and trying to get it filed with
`us in the next day or so?
` MR. GARR: Absolutely.
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`Conducted on March 22, 2021
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` JUDGE KAISER: Okay. Then this is what
`I would suggest: Let's go that route because I
`think the parties have been quite helpful and
`detailed in providing us with the information that
`we requested. And like I said, we just wanted to
`have context for what was going on as we often do
`when there are related proceedings happening at
`the same time.
` So I think given that, unless we reach
`out to the parties again, we actually wouldn't
`need you to go to the district court to work out
`the information or the issues with the sealed
`portions of the transcript, et cetera.
` Mr. Garr, is that okay with petitioner
`as a way of proceeding?
` MR. GARR: I believe so, but can you
`just clarify, are we using this transcript as
`the -- as providing the information that the board
`needs or are you asking us to also submit public
`testimony?
` JUDGE KAISER: No, we would just use
`this transcript as the context, context that we
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`were asking for.
` MR. GARR: Yes.
` JUDGE KAISER: The transcript of today's
`call.
` MR. GARR: Yes, thanks for the
`clarification. We think that would be a very good
`approach.
` JUDGE KAISER: Okay. And, Mr. Rubin, is
`that all right for patent owner as well?
` MR. RUBIN: I think that's fine.
` JUDGE KAISER: Okay.
` MR. RUBIN: Would it be helpful to have
`the jury verdict form entered into the record?
` JUDGE KAISER: I don't think so because
`we sort of went over the relevant parts of that so
`I don't think we need that in the record.
` MR. RUBIN: Okay.
` JUDGE KAISER: All right. Anything else
`from petitioner, Mr. Garr, before we end the call?
` MR. GARR: No. Thank you.
` JUDGE KAISER: Okay. And anything else
`from patent owner, Mr. Rubin?
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` MR. RUBIN: No. Thank you.
` JUDGE KAISER: Okay. Then let's go off
`the record.
` (Off the record at 2:10 p.m.)
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`STATE OF MARYLAND )
` ss:
`COUNTY OF MONTGOMERY )
`
` I, Matthew Goldstein, Notary Public
`within and for the State of Maryland, do hereby
`certify:
`
` That I reported the proceedings in the
`within entitled matter, and that the within
`transcript is a true record of said proceedings.
`
` I further certify that I am not related
`to any of the parties to the action by blood or
`marriage, and that I am in no way interested in
`the outcome of this matter.
`
` IN WITNESS WHEREOF, I have hereunto set
`my hand this 22nd day of March, 2021.
`
` ____________________________
` Matthew Goldstein, RPR, RMR
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`11:22
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`9:13action
`15:14
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`4:3again
`12:10
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`8:3agreement
`8:9all
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`11:11
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`5:9allowing
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`Transcript of Conference Call
`Conducted on March 22, 2021
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`13:21
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`6:1blood
`1:3appeared
`15:14
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`5:22approach
`1:3, 5:16,
`13:7arguments
`5:20, 6:2, 7:10,
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`6:20asked
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`5:8burling
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`3:14
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`3:5
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`been
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`cetera
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`Transcript of Conference Call
`Conducted on March 22, 2021
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`E
`13:13
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`15:13
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`garr
`3:13, 7:19,
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`7:19given
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`12:7heaney
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`13:19
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`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
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`SAMSUNG EX. 1030 - 18/22
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`
`
`J
`
`11:13, 12:12
`itself
`7:9
`jessica
`4:4, 5:1
`job
`1:20joining
`5:7jointly
`9:3joo
`6:16, 6:18,
`8:20jrg
`5:15judge
`5:1, 7:22, 9:4,
`9:6, 10:7,
`10:13, 10:16,
`10:20, 11:2,
`11:18, 12:1,
`12:21, 13:3,
`13:8, 13:11,
`13:14, 13:18,
`13:21, 14:2
`judges
`4:3, 5:4
`julia
`4:6, 5:5
`jury
`5:12, 5:18,
`6:7, 6:10, 6:17,
`6:22, 7:6, 7:8,
`7:14, 13:13
`K
`kabat
`3:5kaiser
`4:4, 5:1, 5:2,
`7:22, 9:6, 10:7,
`10:13, 10:16,
`10:20, 11:2,
`11:18, 12:1,
`12:21, 13:3,
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`L
`
`Transcript of Conference Call
`Conducted on March 22, 2021
`minutes
`13:8, 13:11,
`13:14, 13:18,
`10:11
`monday
`13:21, 14:2
`kuriki
`1:16montgomery
`6:15
`15:3moran
`least
`6:16more
`8:20let's
`6:4most
`12:2, 14:2
`light
`8:2much
`11:12
`limited
`7:21, 11:5
`5:13, 5:14
`N
`litigation
`nd
`7:5little
`15:19
`need
`6:1llp
`9:2, 11:17,
`3:14los
`12:11, 13:16
`needs
`3:8
`12:19
`neil
`ma'am
`3:4next
`10:22
`make
`11:21
`nos
`8:16, 10:14
`march
`1:11notary
`1:16, 15:19
`marriage
`2:9, 15:5
`note
`15:15
`maryland
`8:3noted
`2:9, 15:1, 15:6
`matter
`8:6number
`15:10, 15:16
`matthew
`5:14nw
`1:22, 2:8,
`3:15
`15:5, 15:22
`O
`medley
`obviousness
`4:5, 5:5
`might
`6:14, 6:16,
`5:19mikladal
`6:18offer
`6:15minute
`8:12offered
`10:8
`9:17
`
`M
`
`18
`
`office
`1:1often
`12:6okay
`9:6, 10:7,
`11:2, 11:18,
`12:1, 12:14,
`13:8, 13:11,
`13:17, 13:21,
`14:2oled
`1:8, 3:11, 5:13
`one
`3:16, 8:4, 9:13
`opinions
`9:17, 9:19,
`9:21, 10:2
`opportunity
`5:10, 7:19,
`9:22order
`9:1other
`5:18, 8:15,
`11:11
`others
`7:1out
`5:16, 11:17,
`12:10, 12:11
`outcome
`15:16
`over
`5:8, 13:15
`overlap
`6:17owner
`1:9, 3:11,
`13:9, 13:22
`owner's
`9:16
`pages
`1:21panel
`10:8
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`P
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`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`SAMSUNG EX. 1030 - 19/22
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`
`
`part
`8:2, 8:10
`particularly
`11:12
`parties
`5:16, 5:22,
`6:6, 9:2, 12:3,
`12:10, 15:14
`parts
`8:21, 13:15
`patent
`1:1, 1:3, 1:9,
`3:11, 4:3, 6:10,
`6:21, 7:2, 7:4,
`7:13, 8:5, 9:16,
`9:18, 13:9,
`13:22
`people
`5:7perhaps
`7:1, 8:19
`permitted
`8:10petitioner
`1:6, 3:2,
`12:14, 13:19
`plaintiff's
`8:8planning
`10:1portions
`9:4, 12:13
`possible
`8:18, 11:8
`practice
`9:17presented
`6:14, 6:18,
`6:20, 7:8, 7:10,
`7:16, 9:19
`priority
`6:20, 8:7, 9:2
`problem
`11:16
`proceed
`10:11
`proceeding
`5:13, 6:8,
`
`Q
`
`Transcript of Conference Call
`Conducted on March 22, 2021
`reference
`6:13, 7:11, 8:6,
`12:15
`6:19, 7:9, 8:21
`proceedings
`related
`5:21, 12:7,
`5:12, 6:8,
`15:9, 15:11
`6:10, 7:4, 7:12,
`provide
`7:14, 9:9, 12:7,
`9:14provided
`15:13
`relevant
`6:6, 9:13
`5:19, 13:15
`providing
`relief
`11:5, 12:4,
`9:3reported
`12:18
`public
`1:22, 15:9
`reporter
`2:9, 12:19,
`15:5purposes
`10:9, 10:21,
`10:22, 11:7,
`11:15, 11:19
`7:20
`requested
`12:5requesting
`question
`11:7quickly
`6:2response
`8:17quite
`9:14right
`12:3
`9:6, 13:9,
`R
`13:18
`rather
`rmr
`6:17, 11:16
`1:22, 2:8,
`reach
`15:22
`12:9reached
`route
`12:2rpr
`5:16, 7:6
`read
`1:22, 2:8,
`8:13reason
`15:22
`rubin
`10:1rebuttal
`3:4, 9:8, 9:11,
`10:17, 10:18,
`8:11, 8:12,
`13:8, 13:10,
`10:3, 10:4
`13:12, 13:17,
`record
`13:22, 14:1
`russ
`8:14, 8:19,
`9:14, 10:10,
`3:5
`13:13, 13:16,
`S
`14:3, 14:4,
`said
`15:11
`8:3, 9:15,
`reduction
`12:5, 15:11
`9:17
`sally
`4:5, 5:4
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`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`19
`
`same
`9:1, 12:8
`samsung
`1:5, 3:2, 5:13,
`9:20scheduled
`6:3scope
`6:2, 6:4
`sealed
`8:22, 9:5,
`12:12
`see
`10:10, 11:6,
`11:8seek
`9:3set
`15:18
`short
`11:16
`sic
`6:9signature-bi6ds
`15:20
`small
`8:4smaller
`8:19solas
`1:8, 3:11, 5:13
`some
`5:6, 5:17, 6:1,
`6:4, 6:17, 6:20,
`11:11, 11:13
`sort
`8:10, 13:15
`specific
`6:11ss
`15:2state
`2:9, 15:1, 15:6
`states
`1:1still
`10:14, 10:15,
`10:16
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`SAMSUNG EX. 1030 - 20/22
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`
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`20
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`.
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`.6000
`3:18.6991
`3:9
`0
`00140
`1:11, 5:3, 7:3
`00152
`5:1400320
`1:12, 5:3, 7:12
`01168
`6:901668
`1:11, 5:3
`1
`
`11
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`:1710
`14:41168
`8:512
`3:7, 6:11
`12424
`3:6140
`7:1115
`1:2119
`5:14
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`2
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`21
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`4:420001
`3:172019
`1:11, 5:3, 6:9
`202.662
`3:182020
`1:11, 1:12,
`
`T
`
`street
`3:15submit
`9:4, 12:19
`suggest
`12:2summarizing
`7:22summary
`5:10, 7:19,
`9:12sure
`10:14
`take
`10:8talked
`5:11telephonically
`1:15, 2:1
`tenth
`3:15testimony
`8:7, 8:11,
`8:12, 8:20,
`12:20
`texas
`5:15th
`3:7thank
`7:21, 9:7,
`9:11, 10:12,
`10:15, 11:2,
`11:4, 13:20,
`14:1thanks
`13:5thing
`9:1, 9:13
`things
`11:11
`think
`8:2, 9:1, 9:12,
`11:10, 12:3,
`12:9, 13:6,
`13:10, 13:14,
`
`Transcript of Conference Call
`Conducted on March 22, 2021
`V
`verdict
`6:7, 7:6, 13:13
`versus
`5:13vs
`1:7
`W
`want
`9:9, 9:13,
`10:10, 10:14
`wanted
`6:1, 11:4,
`11:6, 11:8, 12:5
`washington
`3:17way
`12:15, 15:15
`we've
`5:6, 5:11,
`10:10
`went
`13:15
`whatever
`10:1whenever
`11:17
`whereof
`15:18
`wilshire
`3:6within
`11:10, 15:6,
`15:10
`witness
`10:3, 15:18
`work
`12:11
`working
`11:19
`wouldn't
`12:10
`yilmaz
`6:19
`
`13:16
`time
`12:8today's
`13:3trademark
`1:1transcript
`7:20, 8:1,
`8:22, 11:9,
`11:15, 12:13,
`12:17, 12:22,
`13:3, 15:11
`transcripts
`5:18trial
`1:3, 5:12,
`5:18, 6:14, 7:17
`true
`9:1, 10:4,
`15:11
`trying
`11:20
`two
`11:10
`U
`ultimately
`6:22, 8:12
`under
`8:21, 8:22
`understand
`6:5, 6:11,
`6:21, 7:4, 7:13,
`8:16understanding
`11:12
`united
`1:1unless
`12:9unpatentability
`6:12, 7:1
`use
`12:21
`using
`12:17
`utsugi
`7:9
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`Y
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`888.433.3767 | WWW.PLANETDEPOS.COM
`
`SAMSUNG EX. 1030 - 21/22
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`
`
`5:3, 7:3, 7:12
`2021
`1:16, 15:19
`22
`1:16, 15:19
`3
`310.826
`3:9311
`6:9, 6:21, 7:2,
`8:5, 9:18
`338
`7:13361940
`1:20
`450
`7:4
`56
`1:17
`850
`3:15
`90025
`3:8
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`4
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`5
`
`8
`
`9
`
`Transcript of Conference Call
`Conducted on March 22, 2021
`
`21
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`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
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`SAMSUNG EX. 1030 - 22/22
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