From:
`To:
`
`Cc:
`Subject:
`Date:
`
`Joshua J. Yi
`Corey Johanningmeier; Denise De Mory; Russ Horton; bstevens@wscllp.com; canderson@cooley.com;
`egardner@cooley.com; hcannom@wscllp.com; nsoni@cooley.com; plauppe@cooley.com;
`travis@gillamsmithlaw.com; melissa@gillamsmithlaw.com
`Kevin Yang; Kristie Davis; Jennifer Clark
`Theta IP, LLC v. Apple Inc. (6:23-cv-00314-ADA)
`Monday, March 25, 2024 6:09:21 PM
`
`[EXTERNAL]
`
`Counsel,
`
`The Court provides the following preliminary constructions in advance of tomorrow’s
`Markman hearing. The purpose of preliminary constructions is to streamline the hearing by
`providing the parties an indication of the Court’s current position for each term. Although the
`parties are, of course, free to argue for their originally proposed construction, it is generally
`unlikely that the Court will select a party’s originally proposed construction over the
`preliminary construction. As such, the Court believes that making arguments to fine-tune the
`preliminary construction may be more helpful. The preliminary constructions are not final as
`the Court may change some those constructions based on the arguments at the hearing.
`
`Of the below terms, please let me know what terms each side would like to argue two hours
`before the 11AM hearing. Each side may email their list separately (but please CC the other
`side) or jointly (please indicate which side, or both, wants to argue each term). To the extent a
`junior attorney will be arguing a term, please let me know which term(s) the junior attorney
`will be arguing.
`
`Also, at least 30 minutes before the hearing, please submit any slides the parties (and CC the
`other side) wish to use at the Markman hearing.
`
`If you have any questions, please let me know. Thanks.
`
`-Josh
`
`P.S. To assist the court reporter (Kristie Davis, CC-ed), please email her a copy of your slides
`as soon as possible (it’s okay if it’s just a draft). When you email her, no need to CC the other
`side or the Court as it is purely to help her generate the transcript as quickly as possible.
`
`Term
`
`#1: “signal path”
`
`U.S. Patent No. 7,010,330,
`Claims 1, 23, 29; U.S. Patent
`No. 10,129,825, Claims 3, 4,
`8; U.S. Patent No. 10,524,202,
`Claims 7–11, 13; U.S. Patent
`
`Plaintiff’s
`Proposed
`Construction
`Plain and
`ordinary
`meaning
`
`Defendants’
`Proposed
`Construction
`“path for analog
`signal”
`
`Court’s
`Preliminary
` Construction
`Plain-and-ordinary
`meaning
`
`IPR2023-00817
`Theta EX2015
`
`

`

`No. 11,564,164, Claims 5, 7–9,
`20; U.S. Patent No.
`11,638,210, Claims 3, 6, 10
`
`#2: “impedance”
`
`U.S. Patent No. 7,010,330,
`Claims 1, 23, 29; U.S. Patent
`No. 10,129,825, Claims 4,
`8; U.S. Patent No. 10,524,202,
`Claims 7, 8; U.S. Patent No.
`11,564,164, Claim 7; U.S.
`Patent No. 11,638,210, Claims
`3, 10
`
`#3A: “switching current”
`
`U.S. Patent No. 7,010,330,
`Claims 1, 23
`
`Plain and
`ordinary
`meaning, but
`if construed,
`should be
`construed as
`“opposition
`to the flow of
`alternating
`current”
`
`Plain and
`ordinary
`meaning
`
`#3B: “drive current”
`
`U.S. Patent No. 10,129,825,
`Claim 8; U.S. Patent No.
`11,638,210, Claim 10
`
`Plain and
`ordinary
`meaning
`
`#4: “dynamically
`[adjusting/adjusted/adjust/
`changing/decreased/increasing/
`increased/reducing/reduced/
`varying/vary]”
`
`U.S. Patent No. 7,010,330,
`Claims 1, 23, 29; U.S. Patent
`No. 10,524,202, Claims 7–9,
`11, 13; U.S. Patent No.
`11,564,164, Claims 5, 7, 8, 20;
`
`Plain and
`ordinary
`meaning,
`wherein the
`plain and
`ordinary
`meaning is:
`
`“adjusting
`during
`operation
`
`Plain and
`ordinary meaning
`
`Plain-and-ordinary
`meaning
`
`Plain-and-ordinary
`meaning
`
`Plain-and-ordinary
`meaning
`
`Plain-and-ordinary
`meaning
`
`“the current that
`carries a signal
`through a load”
`
`Or, if plain and
`ordinary
`meaning, “current
`required to
`change the state
`of a
`transistor/system”
`
`Plain and
`ordinary
`meaning, which
`is “current
`required to keep a
`transistor/system
`at a steady state”
`or “the current
`that carries a
`signal through a
`load”
`
`“adjusting /
`changing /
`increasing /
`reducing /
`varying during
`operation without
`reliance on a
`signal strength
`threshold”
`
`IPR2023-00817
`Theta EX2015
`
`

`

`U.S. Patent No. 11,638,210,
`Claims 3, 6, 10
`
`
`#5A: “best-case”
`
`U.S. Patent No. 10,524,202,
`Claims 7-9; U.S. Patent No.
`11,564,164, Claim 20
`
`#5B: “worst-case”
`
`U.S. Patent No. 10,129,825,
`Claims 3, 4, 8; U.S. Patent No.
`10,524,202, Claims 7–11; U.S.
`Patent No. 11,564,164, Claims
`5, 7–9, 20
`
`
`based, at least
`in part, on
`information
`gained during
`operation”
`
`Plain and
`ordinary
`meaning
`
`
`Plain and
`ordinary
`meaning
`
`
`Joshua J. Yi, Ph.D.
`The Law Office of Joshua J. Yi, PLLC
`13492 Research Blvd; Ste. 120 – #445
`Austin, TX 78750-2254
`https://joshuayipatentlaw.com/
`
`Plain-and-ordinary
`meaning
`
`
`Plain-and-ordinary
`meaning
`
`
`“desired signal
`strength is high
`and interferer
`signal strength is
`low”
`
`“desired signal
`strength is low
`and interferer
`signal strength is
`high”
`
`
`IPR2023-00817
`Theta EX2015
`
`