Case 6:20-cv-00945-ADA Document 37 Filed 09/20/21 Page 1 of 66
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`PARKERVISION, INC.,
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`
`
` Plaintiff,
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`
`
` v.
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`TCL INDUSTRIES HOLDINGS CO.,
`LTD., TCL ELECTRONICS HOLDINGS
`LTD., SHENZHEN TCL NEW
`TECHNOLOGY CO., LTD., TCL KING
`ELECTRICAL APPLIANCES
`(HUIZHOU) CO., LTD., TCL MOKA
`INT’L LTD., and TCL MOKA
`MANUFACTURING S.A. DE C.V.,
`
`HISENSE CO., LTD. and HISENSE
`VISUAL TECHNOLOGY CO., LTD. (F/K/A
`QINGDAO HISENSE ELECTRONICS CO.),
`LTD. and HISENSE ELECTRIC CO., LTD.
`
` Defendants.
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`
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`
`
`Case No. 6:20-cv-00945-ADA
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`Case No. 6:20-cv-00870-ADA
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`JURY TRIAL DEMANDED
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`PARKERVISION, INC.’S RESPONSIVE CLAIM CONSTRUCTION BRIEF
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`

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`Case 6:20-cv-00945-ADA Document 37 Filed 09/20/21 Page 2 of 66
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`TABLE OF CONTENTS
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`Page
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`I.
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`II.
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`INTRODUCTION .............................................................................................................. 1
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`TECHNOLOGY BACKGROUND .................................................................................... 1
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` Wired communications. .......................................................................................... 1
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` Wireless Communications. ..................................................................................... 2
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`Frequency. ............................................................................................................... 3
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`Up-conversion. ........................................................................................................ 3
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`Down-conversion. ................................................................................................... 4
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`III.
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`THE PATENTS-IN-SUIT .................................................................................................. 5
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`Energy Transfer (energy sampling). ....................................................................... 6
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`Sample and hold (voltage sampling). .................................................................... 10
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`IV.
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`DISPUTED TERMS ......................................................................................................... 14
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`“Low Impedance Load” (’736 patent, claims 26, 27; ’673 patent, claim 5) ......... 14
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`“said energy discharged from said capacitor provides sufficient power to drive the
`low impedance load” (’673 patent, claim 5) ......................................................... 18
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`“Storage” Terms (’706 claims 105, 114, 115, 164, 166, 168, 175, 179, 186, 190;
`’902 claim 1; ’444 claim 3; ’835 claims 1, 18, 20; ’725 claims 1, 6, 17, 18, 19;
`’513 claim 19; ’528 claims 1, 9; ’736 claims 1, 11, 21, 26, 27; ’673 claims 13, 17,
`18) ......................................................................................................................... 20
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`1.
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`2.
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`Defendants’ collateral estoppel argument is a red herring........................ 26
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`Defendants’ claim differentiation argument is fatally flawed. ................. 28
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`“voltage of the input modulated carrier signal is not reproduced or approximated
`at the capacitor during the apertures or outside of the apertures” (’673 patent,
`claim 2) ................................................................................................................. 28
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`“a down-convert and delay module to under-sample an input signal to produce an
`input sample of a down-converted image of said input signal, and to delay said
`input sample” (’706 patent, claims 1, 7) ............................................................... 32
`
`“delay module” terms (’706 patent, claims 1, 7, 34, 140) .................................... 33
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`i
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`Case 6:20-cv-00945-ADA Document 37 Filed 09/20/21 Page 3 of 66
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`“said control signal comprises a train of pulses having pulse widths that are
`established to improve energy transfer from said input signal to said down-
`converted image” (’706 patent, claim 2)............................................................... 34
`
`“means for under-sampling an input signal to produce an input sample of a down-
`converted image of said input signal” (’706 patent, claim 6) ............................... 37
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`“first delaying means for delaying said input sample” (’706 patent, claim 6) ..... 40
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`“a frequency translator to produce a sample of a down-converted image of an
`input signal, and to delay said sample” (’706 patent, claim 34) ........................... 42
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`“wherein said energy transfer signal generator in widening said apertures of said
`pulses by a non-negligible amount that tends away from zero time in duration to
`extend the time that said switch is closed for the purpose of increasing energy
`transferred from said input signal does so at the expense of reproducing said input
`signal, such that said increased energy transferred from said input signal when
`said switch is closed in response to said energy transfer signal prevents substantial
`voltage reproduction of said input signal” (’706 patent, claim 111) .................... 44
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`“establishing apertures” terms (’706 patent, claims 165, 107, 176, 187) ............. 45
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`“frequency down-conversion module” (’444 patent, claims 2, 3) ........................ 46
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`“Under-Sample” / “Under-Samples” / “Under-Sampling” (’706 patent, claims 1,
`6, 7, 28; ’444 patent, claim 2) ............................................................................... 47
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`“harmonic” / “harmonics” (’706 patent, claims 1, 6, 7, 28, 34; ’518 patent, claim
`1) ........................................................................................................................... 48
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`“Integral Filter/Frequency Translator to Filter and Down-Convert an Input
`Signal” (’706 patent, claim 28) ............................................................................. 50
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`“Modulated Signal” / “Modulated Carrier Signal” (’706 patent, claim 127; ’513
`patent, claim 19; ’528 patent, claims 1, 5; ’736 patent, claims 1, 11, 15; ’673
`patent, claims 1, 2, 7, 13, 19) ................................................................................ 51
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`“universal frequency downconverter (UFD)” (’518 patent, claim 50) ................. 52
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`[wherein said storage elements comprises] “a capacitor that reduces a DC offset
`voltage in said first-down converted signal and second down converted signal”
`(’444 patent, claim 4) ............................................................................................ 55
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`“DC offset voltage” (’444 patent, claim 4) ........................................................... 56
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`“sampling aperture” (’513 patent, claim 19; ’528 patent, claim 1; ’736 patent,
`claims 1, 11; ’673 patent, claims 13, 17, 19) ........................................................ 56
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`ii
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`Case 6:20-cv-00945-ADA Document 37 Filed 09/20/21 Page 4 of 66
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`“Switch” / “Switching Device” / “Switching Module” / “Switch Module” (’706
`patent, claims 105, 107, 109, 111, 114, 115, 164, 165, 166, 168, 175, 176, 179,
`186, 187, 190; ’518 patent, claim 50; ’902 patent, claim 1; ’444 patent, claim 3;
`’835 patent, claims 18, 19, 20; ’725 patent, claim 1;’513 patent, claim 19; ’528
`patent, claims 1, 5, 8, 17; ’736 patent, claims 1, 11, 15, 21, 26, 27; ’673 patent,
`claims 1, 6, 7, 13, 17, 18) ...................................................................................... 58
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`“a down-converted signal being generated from said sampled energy” (’902
`patent, claim 1)...................................................................................................... 59
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`CONCLUSION ................................................................................................................. 60
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`V.
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`iii
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`Case 6:20-cv-00945-ADA Document 37 Filed 09/20/21 Page 5 of 66
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`TABLE OF AUTHORITIES
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`
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`Page(s)
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`Cases
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`Asyst Techs., Inc. v. Empak, Inc.,
`268 F.3d 1364 (Fed. Cir. 2001)....................................................................................22, 24, 26
`
`Hemphill v. Proctor & Gamble Co.,
`85 F.App’x 765 (Fed. Cir. 2004) .......................................................................................14, 15
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`Interval Licensing LLC v. AOL, Inc.,
`766 F.3d 1364 (Fed. Cir. 2014)..................................................................................................5
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`Northrop Grumman Corp. v. Intel Corp.,
`325 F.3d 1346 (Fed. Cir. 2003)....................................................................................22, 23, 24
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`ParkerVision v. Intel Corp.,
`Case No. 6:20-cv-00562, ECF No. 37 (2/15/2021) .................................................................12
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`Phillips v. AWH Corp.,
`415 F.3d 1303 (Fed. Cir. 2005)....................................................................................13, 14, 15
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`Seattle Box Co., Inc. v. Industrial Crating & Packing, Inc.,
`731 F.2d 818 (Fed. Cir. 1984)....................................................................................................4
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`Statutes
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`35 U.S.C. 112 ......................................................................................................................... passim
`
`Other Authorities
`Changes to the Claim Construction Standard for Interpreting Claims in Trial
`Proceedings Before the Patent Trial and Appeal Board,
`83 Fed. Reg. 51340 (Oct. 11, 2018) .........................................................................................14
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`iv
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`Case 6:20-cv-00945-ADA Document 37 Filed 09/20/21 Page 6 of 66
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`I.
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`INTRODUCTION
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`For most of the terms at issue, Defendants propose constructions identical to the
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`constructions Intel proposed in its two litigations with ParkerVision and, without saying so, just
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`reiterate Intel’s same arguments. There is nothing new. The Court already rejected Intel’s
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`arguments and constructions, and Defendants do not show how the Court supposedly got it
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`wrong. The Court should stand behind its constructions and re-adopt them for this case. For
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`those few terms where Defendants take a different approach and argue plain and ordinary
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`meaning, Defendants have no support in the specification and do not explain what those
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`meanings are. Instead, Defendants make bare statements and hope to create ambiguity to protect
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`their invalidity or non-infringement defenses. But again, the Court’s constructions are entirely
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`consistent with the specification, the plain language in the claims, and the patented technology.
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`Indeed, like Intel, Defendants obscure the differences between the patented energy sampling
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`technology and sample and hold/voltage sampling. That is the case with Defendants’
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`indefiniteness arguments, which they must prove with clear and convincing evidence. The claim
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`terms that Defendants attack are not indefinite. Defendants ignore the disclosures in the
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`specification regarding the claimed technology and the plain meaning to a person of ordinary
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`skill in the art.
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`II.
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`TECHNOLOGY BACKGROUND
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` Wired communications.
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`Traditional wired communications networks transmit audio signals over wire lines by
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`converting audio signals to electrical signals and back to audio signals. Declaration of Dr.
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`Michael Steer (“Steer Decl.”) ¶ 21.
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`1
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`

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`When Bob speaks into a phone, Bob’s phone converts his voice (low frequency audio
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`signals) into electrical signals. Electrical signals are transmitted over wires to Alice’s phone,
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`which converts the electrical signals back into audio signals so that Alice can hear Bob’s voice.
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`
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`Steer Decl. ¶22.
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` Wireless Communications.
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`Similar to wired communications, in wireless communications, low frequency audio
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`signals are converted into electrical signals. But instead of travelling through wires, the signals
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`are transmitted through air as radio waves (electromagnetic (EM) waves). Steer Decl. ¶ 23.
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`As shown above, wireless devices use high frequency signals (e.g., radio frequency (RF) (red))
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`because higher frequency signals can carry more information and high frequency antennas can fit
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`within a cell phone. Steer Decl. ¶ 24.
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`2
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`In a wireless communication, when Bob speaks into his cell phone, Bob’s cell phone
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`converts his voice (low frequency audio signals) into high frequency RF signals. The RF signals
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`are transmitted over the air to Alice’s cell phone. Alice’s cell phone then converts the RF signals
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`back into low frequency audio signals and Alice can hear Bob’s voice. Steer Decl. ¶ 25.
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`Frequency.
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`Frequency is the number of cycles of a wave per unit time (second). Steer Decl. ¶ 26.
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`As shown above, a high frequency signal has more cycles of a wave (green) per second
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`than a low frequency signal. Notably, the frequency of an audio wave can be one thousand cycles
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`per second whereas the frequency of a radio wave can be one billion cycles per second. Steer
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`Decl. ¶ 27.
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`Up-conversion.
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`In order to transmit an audio signal over air, a wireless device must transform the audio
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`signal to an RF signal. Since the RF signal is used to carry the information in the audio signal,
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`the RF signal is referred to as a “carrier signal.” And since audio waves are at a low frequency,
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`they are referred to as “baseband,” a “baseband signal” or at a “baseband frequency.” Steer Decl.
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`¶ 28.
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`3
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`In order to transport the baseband (audio) signal, the transmitting wireless device (e.g.,
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`Bob’s cell phone) modifies the carrier (RF) signal. As shown above, the baseband signal is
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`impressed upon the carrier signal (above left), thereby modulating/changing the shape of the
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`carrier signal to approximate the shape of the baseband (audio) signal (above right).1 The
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`modified signal is referred to as a “modulated carrier signal.” The process is referred to as “up-
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`conversion” because the low frequency signal is being up-converted to a high frequency signal.
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`Steer Decl. ¶ 29.
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`Down-conversion.
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`In order for the receiving wireless device (e.g., Alice’s cell phone) to recover the
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`baseband (audio) signal from the modulated carrier signal, the receiving wireless device must
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`transform the modulated carrier signal back to an audio signal. This process is referred to as
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`“down-conversion” because a high frequency signal is being down-converted to a low frequency
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`signal.
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`1 This type of modification is referred to as amplitude modulation. Modulation can also occur by
`modifying other properties of the carrier signal, such as frequency or phase.
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`4
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`Case 6:20-cv-00945-ADA Document 37 Filed 09/20/21 Page 10 of 66
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`As shown above, “down-conversion” is the process by which the baseband (audio) signal is
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`recovered from the carrier signal. Down-conversion is the subject of the patents-in-suit.2 Steer
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`Decl. ¶ 30.
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`III. THE PATENTS-IN-SUIT
`The patents-in-suit3 disclose two systems for down-conversion: (1) energy transfer (i.e.,
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`energy sampling) and (2) sample and hold (i.e., voltage sampling).4 But the claims of the patents
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`are directed to energy transfer because they use terms the patentees reserved specifically to
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`connote energy transfer. For example, a number of the claims recite “storage”
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`modules/devices/elements. The patents draw a sharp contrast between “storage”
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`modules/devices/elements, which connote energy transfer, and “holding”
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`modules/devices/elements, which connote sample and hold. Steer Decl. ¶ 31; see also ’518
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`patent, 66:15-23.
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`Indeed, as discussed below, energy transfer and sample/hold are distinctly different
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`technologies. In energy transfer, the down-converted signal is generated directly from the
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`energy5 of the RF signal; in sample/hold, the down-converted signal is generated from reading
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`2 Though Section II provides an overview of the technology in connection with voice/audio
`signals, it should be understood that this is for illustrative purposes only. The technology of the
`patents-in-suit can be used to down-convert any type of electromagnetic signal that carries
`information, such as video, web, and other types of data.
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`3 The patents-in-suit are U.S. Patent Nos. 6,049,706; 6,266,518; 6,580,902; 7,110,444;
`7,292,835; 8,588,725; 8,660,513; 9,118,528; 9,246,736; and 9,444,673.
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`4 Since the ’518, ’902, ’513, ’528, ’736 and ’673 patents have the same disclosure regarding
`down-conversion and the ’444, and ’725 patents specifically incorporate such disclosure by
`reference, all citations in this brief will reference the ’518 patent unless otherwise noted.
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`5 Energy and voltage are not the same thing. Energy is the product of voltage multiplied by
`current multiplied by time (i.e., energy = voltage x current x time).
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`5
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`Case 6:20-cv-00945-ADA Document 37 Filed 09/20/21 Page 11 of 66
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`discrete points of voltage of the RF signal. Compare id. at 65:56 - 67:39 (describing an energy
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`transfer system) with id. at 54:10-36 (describing a sample and hold system). And while energy
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`transfer and sample/hold both result in down-converted signals, an energy transfer system results
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`in a higher quality baseband signal and, therefore, allows for wireless devices with fewer
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`components, reduced size and cost, and increased battery life. Steer Decl. ¶ 32; see also ’518
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`patent, 62:14-17; 65:57- 66:10.
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`As disclosed in the patents-in-suit and in more detail below, the following table identifies
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`key features that distinguish energy transfer (i.e., energy sampling) from sample and hold (i.e.,
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`voltage sampling).
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`Energy Transfer
`(Energy Sampling)
`Non-negligible sampling aperture
`“Storage” module
`Low impedance load
`Down-converted signal formed from energy
`transferred to the load
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`Sample and Hold
`(Voltage Sampling)
`Negligible sampling aperture
`“Holding” module
`High impedance load
`Down-converted signal formed from discrete
`voltage measurements
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`Energy Transfer (energy sampling).
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`Figure 82B of the ’518 patent (below) illustrates an energy transfer (energy sampling)
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`system, which would be incorporated into a transceiver chip of a wireless device. Steer Decl. ¶
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`33
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`6
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`The system includes a switch 8206 (blue), a control signal 8210 (green) for controlling
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`the switch, a “storage” capacitor 8208 (orange) for storing and discharging energy, and a low
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`impedance load (red). Notably, there are several key features (yellow highlights) that distinguish
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`an energy transfer system from sample and hold. In particular, an energy transfer system uses (1)
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`a control signal having a pulse with a non-negligible aperture/duration, and (2) a “storage”
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`capacitor for storing and discharging non-negligible amounts of energy for driving a low
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`impedance load.6 Indeed, low impedance is what enables a “storage” capacitor to discharge its
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`energy when the switch is OFF (open). If the impedance were high, the “storage” capacitor could
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`not discharge sufficient energy for the system to perform energy transfer (energy sampling) and
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`form a down-converted signal from energy transferred to the low impedance load. Steer Decl. ¶
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`34.
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`6 Unlike a battery that produces energy, a load is an electrical component (e.g., resistor) that
`consumes energy (similar to how a light bulb consumes energy). Impedance refers to the
`opposition that a component presents to the flow of electrical current. A low impedance load is
`an electrical component that consumes energy and provides low resistance to the flow of current.
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`7
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`Case 6:20-cv-00945-ADA Document 37 Filed 09/20/21 Page 13 of 66
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`The annotations in Figure 82B above illustrate how an energy transfer system down
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`converts a high frequency input EM signal 8204 (e.g., modulated carrier signal (red)) to a
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`baseband signal. In particular, down-conversion occurs by repetitively opening and closing the
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`switch 8206. Steer Decl. ¶ 35.
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`As shown in Figure 83C above, the switch is turned ON (closed) by sending a pulse 8306
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`(green) to the switch. The switch is kept ON (kept closed) for the duration of the pulse (i.e., a
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`non-negligible aperture (purple) of the pulse). As shown by the repetitive pulses 8306, this
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`opening and closing of the switch repeats continuously over time. Steer Decl. ¶ 36.
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`As shown in Figure 82B above (left), when the switch is ON (during the aperture), a
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`portion of the input EM signal 8204 (blue) passes to the “storage” capacitor 8208 and the low
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`impendence load 8218. When the pulse 8306 (green) stops, the switch is turned OFF (opened),
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`and the input EM signal is prevented from passing through the switch. Since the load is low
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`impedance, when the switch is OFF (opened), as shown in Figure 82B above (right), energy
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`(orange) stored in the “storage” capacitor 8208 is discharged to the low impedance load 8218.
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`8
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`Case 6:20-cv-00945-ADA Document 37 Filed 09/20/21 Page 14 of 66
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`For this reason, the “storage” capacitor is said to “drive the load.” Steer Decl. ¶37; see also ’518
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`patent, 66:66 – 67:3.
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`The repetitive opening and closing of the switch results in the waveform (blue/orange)
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`shown above in Figure 83E at terminal 8216. The waveform is made up of energy (blue) from
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`the EM signal and discharged energy (orange) from the “storage” capacitor. Indeed, the
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`discharged energy (orange) from the “storage” capacitor is essential. Without the discharged
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`energy, the waveform of Figure 83E would be incomplete (the orange portions would be
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`missing), thereby producing a degraded and/or unusable signal that could not be properly
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`processed by a receiving wireless device. Steer Decl. ¶38
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`As shown above, the waveform of Figure 83E is filtered to created a smooth waveform
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`(dark blue) as shown in Figure 83F. The smooth waveform is the baseband (audio) signal that
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`was sent from the transmitting wireless device (e.g., Bob’s cell). The baseband signal can be
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`9
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`Case 6:20-cv-00945-ADA Document 37 Filed 09/20/21 Page 15 of 66
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`processed by the receiving wireless device (e.g., Alice’s cell) and Alice can hear Bob’s voice.
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`Steer Decl. ¶39.
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`The figures below illustrate a close-up view of another embodiment of a down-converted
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`signal in an energy transfer system. Steer Decl. ¶40.
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`Figures 57E shows a segment 5712 of the down-converted signal 5716 of Figure 57F.
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`The down-converted signal of Figure 57E is made up of two portions - portion 5710A (i.e.,
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`energy (blue) from the EM signal) and portion 5710B (i.e., discharged energy (orange) from the
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`“storage” capacitor). Steer Decl. ¶41.
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`Sample and hold (voltage sampling).
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`Figure 78B of the ’518 patent illustrates a sample and hold (voltage sampling) system.
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`Steer Decl. ¶42.
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`10
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`Case 6:20-cv-00945-ADA Document 37 Filed 09/20/21 Page 16 of 66
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`The system includes a switch 7806 (blue), a control signal 7810 (green) for controlling
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`the switch, a “holding” capacitor 7808 (orange) for holding a voltage across the capacitor, and a
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`high impedance load (red). Unlike an energy transfer system, a sample and hold system uses (1)
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`a control signal having a pulse with a negligible aperture/duration, (2) a “holding” capacitor for
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`holding a constant voltage across the capacitor and (3) a high impedance load (yellow
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`highlights). The capacitor is referred to as a “holding” capacitor because, unlike the “storage”
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`capacitor in an energy transfer system, a “holding” capacitor does not discharge any significant
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`energy to the load. Indeed, the high impedance load is specifically included to prevent the
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`holding capacitor from discharging energy, which would degrade the discrete voltage
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`measurements and adversely affect the system performing sample and hold (voltage sampling).
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`Steer Decl. ¶43.
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`The annotations in Figure 78B illustrate how a sample and hold system down-converts a
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`high frequency input EM signal 7804 (e.g., modulated carrier signal (red)) to a baseband signal.
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`Steer Decl. ¶44.
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`11
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`Case 6:20-cv-00945-ADA Document 37 Filed 09/20/21 Page 17 of 66
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`As shown in Figure 79C, the switch is turned ON (closed) by sending a pulse 7904 (green
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`vertical line) of an extremely short/negligible duration to the switch. Thus, the aperture (purple)
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`of a pulse is referred to as a negligible aperture because the pulse width “tend[s] toward zero
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`time.” Steer Decl. ¶45; see also ’518 patent, 63:1-3. As shown by the repetitive pulses 7904, this
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`opening and closing of the switch repeats continuously over time.
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`As shown in Figure 78B above, when the switch is ON (closed) (during the aperture), the
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`EM signal 8204 (blue) is sent to the “holding” capacitor 7808. When the pulse 7904 (green)
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`stops, the switch is turned OFF (opened). But unlike energy transfer (energy sampling), since
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`sample and hold uses a high impedance load, when the switch is OFF (opened), there is high
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`resistance to the flow of current and, thus, the “holding” capacitor holds a constant voltage value.
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`Because there is no significant energy discharge between pulses, the terminal 7816 maintains a
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`constant voltage value until the next pulse. ’518 patent, 63:44-49. The voltage value serves as the
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`“sample” of a discrete voltage value that the system uses to recover the baseband signal. In
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`particular, the system uses each discrete change (increase/decrease) in the voltage value over
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`time to recover the baseband. This is unlike energy transfer (energy sampling) which uses the
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`energy from the input EM signal provided to a low impedance load to recover the baseband.
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`Steer Decl. ¶46.
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`12
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`Case 6:20-cv-00945-ADA Document 37 Filed 09/20/21 Page 18 of 66
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`As shown in Figure 79E, sample and hold produces a voltage wave with a stair step
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`pattern. The vertical part of the step represents the “sample” of the voltage value which occurs at
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`the time of pulse 7904. The horizontal portion of the step represents the “holding” of that voltage
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`value until the next pulse when the next sample of voltage is taken. Id. at 63:49-55. Steer Decl.
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`
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`¶47.
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`As shown above, the waveform of Figure 79E is filtered to create a smooth waveform
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`(dark blue) as shown in Figure 79F. The smooth waveform is the baseband (audio) signal that
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`was sent from the transmitting wireless device (e.g., Bob’s cell). The baseband signal can be
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`processed by the receiving wireless device (e.g., Alice’s cell) and Alice can hear Bob’s voice.
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`Steer Decl. ¶48.
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`13
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`Case 6:20-cv-00945-ADA Document 37 Filed 09/20/21 Page 19 of 66
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`IV. DISPUTED TERMS
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`
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`“Low Impedance Load” (’736 patent, claims 26, 27; ’673 patent, claim 5)
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`ParkerVision’s Construction
`Plain and ordinary meaning
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`Contrary to Defendants’ position, the term is not indefinite and should be given its plain
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`Defendants’ Construction
`Indefinite
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`
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`and ordinary meaning. Steer Decl. ¶49.
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`The terms “load,” “impedance,” and “low impedance load” were well-known within the
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`field of electrical engineering at the time of the invention. After reading ParkerVision’s patents,
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`one of ordinary skill in the art would easily understand that a “low impedance load” in the context
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`of the patents is a load that provides a path for the discharge of energy from a storage capacitor.
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`Steer Decl. ¶50.
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`Indeed, the specifications and figures relating to direct down-conversion provide additional
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`guidance to a skilled person as to the type of values that would allow or prevent discharge. Steer
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`Decl. ¶63.
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`For example, as shown in Figure 78B (above left), when discussing a direct down-
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`conversion voltage sampling embodiment, the specification uses the term “high impedance load”
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`(red) and shows 1 megohm (1,000,000 Ω) resistor as a high impedance load. On the other hand, as
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`shown in FIG. 82B (above right), when discussing a direct down-conversion energy transfer
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`14
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`Case 6:20-cv-00945-ADA Document 37 Filed 09/20/21 Page 20 of 66
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`embodiment, the specification uses the term “low impedance load” (green) and shows a 2 kOhms
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`(2,000 Ω) resistor as a low impedance load. From these figures and values, a skilled person would
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`understand the load values to use that would constitute a “low” impedance load, which would
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`allow energy to be discharged from the storage capacitance 8208 when the switch is opened (OFF).
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`Steer Decl. ¶64.
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`An electrical load is a device in a circuit upon which work is done. Steer Decl. ¶51.
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`Whereas a power source supplies energy, a load absorbs power and converts it into a desired form.
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`Steer Decl. ¶¶51-52. The specifications explain that with regards to load, it is a binary choice – it
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`is either high or low impedance. See, e.g., ’673 patent, 70:35-36 (“Recall from the overview of
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`under-sampling that loads can be classified as high impedance loads or low impedance loads.”).
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`A high impedance load inhibits current from moving in a circuit and absorbs very little
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`electrical energy. But a low impedance load, on the other hand, provides little constraint to current
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`moving in a circuit and absorbs electrical energy. This is consistent with the use of the term in the
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`patents-in-suit. Steer Decl. ¶54.
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`The patent specification discloses two systems – an energy transfer/sampling system and a
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`voltage sampling system. As discussed in Section III and illustrated in FIG. 82B above, a voltage
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`sampling system uses a high impedance load to down-convert a high frequency input EM signal
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`15
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`Case 6:20-cv-00945-ADA Document 37 Filed 09/20/21 Page 21 of 66
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`7804 (e.g., modulated carrier signal (red)) to a baseband signal. As shown in Figure 78B above,
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`when the switch is ON (closed) (during the aperture), the EM signal 8204 (blue) is sent to the
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`“holding” capacitor 7808. When the pulse 7810 (green) stops, the switch is turned OFF (opened).
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`Since voltage sampling uses a high impedance load, when the switch is OFF (opened), there is
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`high resistance to the flow of current and, thus, the “holding” capacitor holds a constant voltage
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`value. Because there is no significant energy discharge between pulses, the terminal 7816
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`maintains a constant voltage value until the next pulse. As a result, the voltage sampling system
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`produces a voltage wave with a stair step pattern, as shown in FIG. 79E below. Steer Decl. ¶¶55-
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`56.
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`
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`The specification further clarifies that the high impedance load prevents discharge of the
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`“holding” capacitance into the load when the switch is OFF in order to accurately represent the
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`voltage of the input signal. See ’673 patent, 64:58-67; see also Steer Decl. ¶56.
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`Unlike a high impedance load, a low impedance load causes the capacitor to discharge the
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`stored energy between the pulses of the energy transfer signal (i.e., when the switch is open).
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`Notably, the specification provides clear guidance as to the effects of lowering the impedance of
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`the load in a voltage sampling system (the voltage sampling system shown in FIG. 78) by replacing
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`the high impedance load with a low impedance load. Steer Decl. ¶57.
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`16
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`Case 6:20-cv-00945-ADA Document 37 Filed 09/20/21 Page 22 of 66
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`
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`As shown in FIG. 80D, when the load 7812 is a low impedance load, there is a discernible
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`droop in the signal between apertures of pulses 8004. In other words, the holding capacitance 7808
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`is significantly discharged by the low impedance load between pulses 8004 (FIG. 80C). As a result,
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`the holding capacitance 7808 cannot reasonably attain or “hold” the voltage of the original EM
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`input signal 7804, as was seen in the case of FIG. 79E (above, using a high impedance load).
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`Instead, the charge appears as the output illustrated in FIG. 80D. Steer Decl. ¶58.
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`Defendants assert that a skilled person could not ascertain what it means for a load to be a
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`“low impedance load” because of “the described dependency of ‘low impedance’ on a ‘given
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`output frequency.” See, e.g., Op. Br., 3-4. In particular, Defendants point to a single sentence in
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`the specifications that describes a low impedance load as “one that is significant relative to the
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`output drive impedance of the system for a given output frequency.” Id., 2. But Defendants fail to
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`analyze the term in the context of the full claim language and in view of the specification.
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`Claim 1 of the