Case 6:20-cv-00945-ADA Document 37-5 Filed 09/20/21 Page 1 of 88
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`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,
`
` v.
`
`
`
`
`
`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.
`
`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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`
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`
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`DECLARATION OF DR. MICHAEL STEER
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`Case 6:20-cv-00945-ADA Document 37-5 Filed 09/20/21 Page 2 of 88
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`I have personal knowledge of the facts set forth in this Declaration and, if called to testify
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`as a witness, would testify under oath:
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`I.
`
`BACKGROUND
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`1.
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`I have been retained as an expert on behalf of ParkerVision, Inc. (“ParkerVision”)
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`in the above-captioned litigation action against Defendants TCL Industries Holdings Co., Ltd.,
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`TCL Electronics Holdings Ltd., Shenzhen TCL New Technology Co., Ltd., TCL King Electrical
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`Appliances (Huizhou) Co., Ltd., TCL Moka Int’l Ltd., and Moka Manufacturing S.A. De C.V.
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`(collectively “TCL”) and Defendants Hisense Co., Ltd. and Hisense Visual Technology Co., Ltd.
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`(f/k/a Qingdao Hisense Electronics Co., Ltd. and Hisense Electric Co., Ltd.) (collectively
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`“Hisense”) (TCL and Hisense are collectively referred to as “Defendants”).
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`2.
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`I understand that ParkerVision asserts the following patents against Defendants:
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`U.S. Patent Nos. 6,049,706 (the “’706 patent”); 6,266,518 (the “’518 patent); 6,580,902 (the “’902
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`patent”); 7,110,444 (the “’444 patent”); 7,292,835 (the “’835 patent”); 8,588,725 (the “’725
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`patent”); 8,660,513 (the “’513 patent”); 9,118,528 (the “’528 patent”); 9,246,736 (the “’736
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`patent”); and 9,444,673 (the “’673 patent”) (collectively, the “patents-in-suit”).
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`3.
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`I have been asked by ParkerVision to provide my opinions regarding the ’706
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`patent, ’736 patent, and ‘673 patent. In particular, I have been asked to provide my opinions on
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`certain technical aspects relating to the ’706, ’736, and ’673 patents, and indefiniteness under 35
`
`U.S.C. § 112.
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`4.
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`In forming my opinions, I have reviewed and considered the materials identified in
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`this declaration, including the patents-in-suit and file histories. I have also reviewed the parties’
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`proposed claim constructions as well as Defendants’ Opening Claim Construction Brief and the
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`Declaration of Matthew B. Shoemake.
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`5.
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`I am currently the Lampe Distinguished Professor Emeritus of Electrical and
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`Computer Engineering at North Carolina State University.
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`6.
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`I received my Bachelor of Engineering with Honors (B.E. Hons) and Ph.D. in
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`Electrical Engineering from the University of Queensland, Brisbane, Australia, in 1976 and 1983
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`respectively.
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`7.
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`I was a pioneer in the modeling and simulation of nonlinear radio frequency and
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`microwave circuits. To put this in perspective, the first commercial cellular phone became
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`available in 1983, and in that same year, I began teaching classes in radio frequency design.
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`Specifically, I joined the Electrical Engineering Department at North Carolina State University,
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`Raleigh, North Carolina, as a Visiting Assistant Professor in August 1983. I became an Assistant
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`Professor in 1986 when the department was renamed the Department of Electrical and Computer
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`Engineering. I have been promoted throughout the years, first becoming an Associate Professor in
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`1991, a Professor in 1996, a Named Professor in 2005, and a Distinguished Professor in 2010.
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`8.
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`During the 1990s, I began working very closely with the U.S. Department of
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`Defense, and in particular with the U.S. Army, on radio frequency communications and advanced
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`radio frequency circuits. Between 1996 and 1998, I also worked as a consultant for Zeevo, Inc., a
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`Silicon Valley-based provider of semiconductor and software solutions for wireless
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`communications.
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`9.
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`In 1999, I moved to the United Kingdom to become Professor and Director of the
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`Institute of Microwaves and Photonics at the University of Leeds, one of the largest university-
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`based academic radio frequency research groups in Europe. I held the Chair in Microwave and
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`Millimetrewave Electronics. I also continued my work with the U.S. Army and worked with the
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`European Office of the U.S. Army Research Office. I returned to the United States in 2000,
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`resuming the position of Professor of Electrical and Computer Engineering at North Carolina State
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`University.
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`10.
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`Further details on various aspects of my professional experience and qualifications
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`can be found in my curriculum vitae, which is attached hereto as Appendix A.
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`11.
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`Based on my experience in the wireless communications industry, I have a detailed
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`understanding of radio frequency circuit design, including the radio frequency front end of cellular
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`phones.
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`II.
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`RELEVANT LEGAL PRINCIPLES
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`A. Level of Ordinary Skill in the Art
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`12.
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`I have been informed and understand that claims are construed from the perspective
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`of a person of ordinary skill in the art (“POSITA”) at the time of the claimed invention.
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`13.
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`In my opinion, a POSITA with respect to the ’706, ’736 and ’673 patents would
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`have (i) a Bachelor of Science degree in electrical or computer engineering (or a related academic
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`field), and at least two (2) additional years of experience in the design and development of radio
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`frequency circuits and/or systems, or (ii) at least five (5) years of experience and training in the
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`design and development of radio frequency circuits and/or systems.
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`14.
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`In view of my qualifications, experience, and understanding of the subject matter
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`of the invention, I believe that I meet the above-mentioned criteria and consider myself a person
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`with at least ordinary skill in the art pertaining to the ’706, ’736 and ’673 patents.
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`15.
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`I disagree with Dr. Shoemake’s description of a POSITA because the claims being
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`construed relate specifically to RF circuit design. It is therefore my opinion that a POSITA must
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`have knowledge and experience within the relevant field, and in particular with the analysis and
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`design of RF circuits. Dr. Shoemake opines, however, that a POSITA “would have been someone
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`with at least an undergraduate degree in electrical engineering or a related subject and two or
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`more years of experience in the fields of communication systems, signal processing and/or RF
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`circuit design. Less work experience may be compensated by a higher level of education, such as
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`a master’s degree.”1 See Declaration of Matthew B. Shoemake, Ph.D. (“Shoemake Decl.”), ¶31.
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`But electrical engineering is a broad discipline with many subspecialties, some of which do not
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`include the study of circuits. Knowledge of circuits, circuit analysis, and design also cannot be
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`substituted for experience in the fields of communication systems and signal processing. As such,
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`Dr. Shoemake’s description of a POSITA does not require the requisite knowledge of circuits.
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`16.
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`I note that at the time of the invention, Dr. Shoemake had completed a master’s
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`degree at Cornell University in Electrical Engineering. See Shoemake Decl., ¶4. The title of Dr.
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`Shoemake’s Master’s Thesis is “Topics in Coding Theory.” Coding theory is a discipline within
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`the field of communications and signal processing. But coding theory is a separate and distinct
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`area of study from circuits.
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`17.
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`I also note that Dr. Shoemake earned his Ph.D. in Electrical Engineering from
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`Cornell University in 1999. The title of Dr. Shoemake’s dissertation is “Turbo Codes: Bounds and
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`Applications.” Again, turbo code is a sub-discipline that is separate and distinct from circuits. I
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`have examined Dr. Shoemake’s dissertation and did not find a single circuit diagram in it. In
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`addition, the word “circuit” does not appear in his dissertation at all. None of Dr. Shoemake’s
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`publications prior to/at the time of ParkerVision’s inventions (and including into the early 2000s)
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`relates to circuits.
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`18. While Dr. Shoemake believes that less work experience can be compensated by a
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`higher level of education, I disagree. I particularly disagree when the higher education is in a
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`1 Unless indicated otherwise, all emphasis has been added.
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`field/discipline of study unrelated to circuit analysis and design, such as Dr. Shoemake’s.
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`Accordingly, it is my opinion that Dr. Shoemake does not qualify as a POSITA.
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`B. Legal Standard for Indefiniteness
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`19.
`
`I understand that, under 35 U.S.C § 112, patent claims must “particularly point out
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`and distinctly claim . . . the subject matter which the applicant regards as his invention.” See § 112
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`¶ 2. I understand that the Supreme Court has held that a claim term is indefinite only if “read in
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`light of the specification delineating the patent, and the prosecution history, fail[s] to inform, with
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`reasonable certainty, those skilled in the art about the scope of the invention.” Nautilus, Inc. v.
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`Biosig Instruments, Inc., 134 S. Ct. 2120, 2124 (2014). In view of this standard, it is my opinion
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`that the terms discussed below are not indefinite.
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`III. GENERAL OVERVIEW OF THE TECHNOLOGY
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`20.
`
`The ’706, ’736, and ’673 patents relate to wireless communication and, more
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`particularly, to frequency up-conversion and down-conversion of electromagnetic (EM) signals.
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`A. Wired Communications.
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`21.
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`Traditional wired communications networks transmit audio signals over wire lines
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`by converting audio signals to electrical signals and back to audio signals.
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`22. When Bob speaks into a phone, Bob’s phone converts his voice (low frequency
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`audio 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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`B. Wireless Communications.
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`23.
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`Similar to wired communications, in wireless communications, low frequency
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`audio signals are converted into electrical signals. In wireless communications, instead of
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`travelling through wires, the signals are transmitted through air as radio waves (electromagnetic
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`(EM) waves).
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`24.
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`As shown above, wireless devices use high frequency signals (e.g., radio frequency
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`(RF) signals, shown in red) because higher frequency signals can carry more information and high
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`frequency antennas can fit within a cell phone.
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`
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`25.
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`In a wireless communication, when Bob speaks into his cell phone, Bob’s cell
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`phone converts his voice (low frequency audio signals) into high frequency RF signals. The RF
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`signals are transmitted over the air to Alice’s cell phone. Alice’s cell phone then converts the RF
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`signals back into low frequency audio signals and Alice can hear Bob’s voice.
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`
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`C. Frequency.
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`26.
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`Frequency is the number of cycles of a wave per unit time (second).
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`27.
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`As shown above, a high frequency signal has more cycles of a wave (green) per
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`second than a low frequency signal. Notably, the frequency of an audio wave can be one thousand
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`cycles per second whereas the frequency of a radio wave can be one billion cycles per second.
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`
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`D. Up-conversion.
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`28.
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`In order to transmit an audio signal over air, a wireless device must transform the
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`audio signal to an RF signal. Since the RF signal is used to carry the information in the audio
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`signal, the RF signal is referred to as a “carrier signal.” And since audio waves are at a low
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`frequency, they are referred to as “baseband,” a “baseband signal” or at a “baseband frequency.”
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`29.
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`In order to transport the baseband (audio) signal, the transmitting wireless device
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`(e.g., 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).2 The modified
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`signal is referred to as a “modulated carrier signal.” The process is referred to as “up-conversion”
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`because the low frequency signal is being up-converted to a high frequency signal.
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`E. Down-conversion.
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`30.
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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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`
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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.3
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`IV.
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`THE PATENTS-IN-SUIT
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`31.
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`The patents-in-suit disclose two systems for down-conversion: (1) energy transfer
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`(i.e., energy sampling) and (2) sample and hold (i.e., voltage sampling).4 But the claims of the
`
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`2 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.
`3 Though Section III provides an overview of the technology in connection with voice/audio
`signals, 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.
`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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`patents are directed to energy transfer because they use terms the patentees reserved specifically
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`to connote energy transfer. For example, a number of the claims recite “storage” modules/
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`devices/elements. The patents draw a sharp contrast between “storage” modules/devices/elements,
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`which connote energy transfer, and “holding” modules/devices/elements, which connote sample
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`and hold. See, e.g., ’518 patent, 66:15-23.
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`32.
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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 formed directly from the energy5 of
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`the RF signal; in sample/hold, the down-converted signal is generated from reading discrete points
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`of voltage of the RF signal. Compare id. at 65:56 - 67:39 (describing an energy transfer system)
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`with id. at 54:10-36 (describing a sample and hold system). And while energy transfer and
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`sample/hold both result in down-converted signals, an energy transfer system results in a higher
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`quality baseband signal and, therefore, allows for wireless devices with fewer components,
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`reduced size and cost, and increased battery life. Id. at 62:14-17; 65:57- 66:10. As disclosed in the
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`patents-in-suit and in more detail below, the following table identifies key features that distinguish
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`energy transfer (i.e., energy sampling) from sample and hold (i.e., 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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`
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`
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`Energy Transfer (energy sampling).
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`33.
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`Figure 82B of the ’518 patent (below) illustrates an energy transfer (energy
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`sampling) system, which would be incorporated into a transceiver chip of a wireless device.
`
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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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`34.
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`The system includes a switch 8206 (blue), a control signal 8210 (green) for
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`controlling the switch, a “storage” capacitor 8208 (orange) for storing and discharging energy,
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`and a low impedance load (red). Notably, there are several key features (yellow highlights) that
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`distinguish an energy transfer system from sample and hold. In particular, an energy transfer
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`system uses (1) a control signal having a pulse with a non-negligible aperture/duration, and (2) a
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`“storage” capacitor for storing and discharging non-negligible amounts of energy for driving a
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`low 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.
`
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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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`35.
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`The annotations in Figure 82B above illustrate how an energy transfer system
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`down-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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`
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`switch 8206.
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`
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`36.
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`As shown in Figure 83C above, the switch is turned ON (closed) by sending a pulse
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`8306 (green) to the switch. The switch is kept ON (kept closed) for the duration of the pulse (i.e.,
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`a 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.
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`37.
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`As shown in Figure 82B above (left), when the switch is ON (during the aperture),
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`a 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. For
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`this reason, the “storage” capacitor is said to “drive the load.” ’518 patent, 66:66 – 67:3.
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`
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`38.
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`The repetitive opening and closing of the switch results in the waveform
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`(blue/orange) shown above in Figure 83E at terminal 8216. The waveform is made up of energy
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`(blue) from the EM signal and discharged energy (orange) from the “storage” capacitor. Indeed,
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`the 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 missing),
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`thereby producing a degraded and/or unusable signal that could not be properly processed by a
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`receiving wireless device.
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`39.
`
`As shown above, the waveform of Figure 83E is filtered to created a smooth
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`waveform (dark blue) as shown in Figure 83F. The smooth waveform is the baseband (audio)
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`signal that was sent from the transmitting wireless device (e.g., Bob’s cell). The baseband signal
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`can be processed by the receiving wireless device (e.g., Alice’s cell) and Alice can hear Bob’s
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`voice.
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`40.
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`The figures below illustrate a close-up view of another embodiment of a down-
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`converted signal in an energy transfer system.
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`41.
`
`Figures 57E shows a segment 5712 of the down-converted signal 5716 of Figure
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`57F. 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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`
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`“storage” capacitor).
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`
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`Sample and hold (voltage sampling).
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`42.
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`Figure 78B of the ’518 patent illustrates a sample and hold (voltage sampling)
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`system.
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`43.
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`The system includes a switch 7806 (blue), a control signal 7810 (green) for
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`controlling the switch, a “holding” capacitor 7808 (orange) for holding a voltage across the
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`capacitor, and a high impedance load (red). Unlike an energy transfer system, a sample and hold
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`system uses (1) a control signal having a pulse with a negligible aperture/duration, (2) a “holding”
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`capacitor for 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 holding
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`capacitor from discharging energy, which would degrade the discrete voltage measurements and
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`adversely affect the system performing sample and hold (voltage sampling).
`
`44.
`
`The annotations in Figure 78B illustrate how a sample and hold system down-
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`converts a high frequency input EM signal 7804 (e.g., modulated carrier signal (red)) to a baseband
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`
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`signal.
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`45.
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`As shown in Figure 79C, the switch is turned ON (closed) by sending a pulse 7904
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`(green vertical line) of an extremely short/negligible duration to the switch. Thus, the aperture
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`(purple) of a pulse is referred to as a negligible aperture because the pulse width “tend[s] toward
`
`zero time.” ’518 patent, col. 63:1-3. As shown by the repetitive pulses 7904, this opening and
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`closing of the switch repeats continuously over time.
`
`46.
`
`As shown in Figure 78B above, when the switch is ON (closed) (during the
`
`aperture), the EM signal 8204 (blue) is sent to the “holding” capacitor 7808. When the pulse 7904
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`(green) stops, the switch is turned OFF (opened). But unlike energy transfer (energy sampling),
`
`since 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 time
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`to recover the baseband. This is unlike energy transfer (energy sampling) which uses the energy
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`from the input EM signal provided to a low impedance load to recover the baseband.
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`47.
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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.
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`48.
`
`As shown above, the waveform of Figure 79E is filtered to create a smooth
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`waveform (dark blue) as shown in Figure 79F. The smooth waveform is the baseband (audio)
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`signal that was sent from the transmitting wireless device (e.g., Bob’s cell). The baseband signal
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`can be processed by the receiving wireless device (e.g., Alice’s cell) and Alice can hear Bob’s
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`
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`voice.
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`V.
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`OPINIONS
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`A. “low impedance load”
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`Claim Term
`“low impedance load”
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`‘673 patent, claim 5;
`’736 patent, claims 26, 27
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`ParkerVision’s Construction
`Plain and ordinary meaning
`
`
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`Defendants’ Construction
`Indefinite
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`49.
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`The term is not indefinite and should be given its plain and ordinary meaning.
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`Claims 26 and 27 of the ’736 patent recite a number of “storage element[s]” “coupled to a [] low
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`impedance load.” These claims further recite that energy is discharged into a low impedance load.
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`Claim 1 of the ’673 patent also discloses discharging energy into load circuitry, which claim 5
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`recites is a “low impedance load.”
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`Case 6:20-cv-00945-ADA Document 37-5 Filed 09/20/21 Page 18 of 88
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`50.
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`The terms “load,” “impedance,” and “low impedance load” were well-known
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`within the field of electrical engineering at the time of the invention. After reading ParkerVision’s
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`patents, one of ordinary skill in the art would easily understand that a “low impedance load” in the
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`context of the patents is a load that provides a path for the discharge of energy from a storage
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`capacitor.
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`51.
`
`An electrical load is a device in a circuit upon which work is done. Floyd, Thomas
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`L., Principles of Electric Circuits (5th Edition), (1997)7 at 62 (Exhibit 4). Whereas a power source
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`supplies energy, a load absorbs power and converts it into a desired form. An example electric
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`circuit with a power source and load is shown below.
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`
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`
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`Floyd at 39-40.
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`52.
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`“Work done in the load” is synonymous with energy being transferred to the load.
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`Similarly, a load draws current from the circuit. A high impedance load draws very little current
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`and the current drawn has little effect on circuit quantities, such as voltage levels and energy flow.
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`7 Hereinafter referred to as “Floyd.”
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`Case 6:20-cv-00945-ADA Document 37-5 Filed 09/20/21 Page 19 of 88
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`A low impedance load, on the other hand, draws current and the current drawn has affect on circuit
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`quantities, such as voltage levels and energy flow.
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`53.
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`The ’673 and ’736 specifications explain that with regards to load, it is a binary
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`choice – it is either high or low impedance. See, e.g., ’673 patent, 70:35-36 (“Recall from the
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`overview of under-sampling that loads can be classified as high impedance loads or low
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`impedance loads.”).
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`54.
`
`A high impedance load inhibits current from moving in a circuit and absorbs very
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`little electrical energy. A low impedance load, on the other hand, provides little constraint to
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`current moving in a circuit and absorbs electrical energy. This is consistent with the use of the term
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`in the patents-in-suit.
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`
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`55.
`
`As discussed in Section IV above, the patent specification discloses two systems –
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`an energy transfer/sampling system and a voltage sampling system. As discussed in Section IV
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`and illustrated in FIG. 82B above, a voltage sampling system uses a high impedance load to down-
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`convert a high frequency input EM signal 7804 (e.g., modulated carrier signal (red)) to a baseband
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`signal. 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 7810 (green) stops,
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`the switch is turned OFF (opened). Since voltage sampling uses a high impedance load, when the
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`Case 6:20-cv-00945-ADA Document 37-5 Filed 09/20/21 Page 20 of 88
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`switch is OFF (opened), there is high resistance to the flow of current and, thus, the “holding”
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`capacitor holds a constant voltage value. Because there is no significant energy discharge between
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`pulses, the terminal 7816 maintains a constant voltage value until the next pulse. As a result, the
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`voltage sampling system produces a voltage wave with a stair step pattern, as shown in FIG. 79E
`
`below.
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`
`
`56.
`
`The vertical part of the step represents the “sample” of the voltage value which
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`occurs at the time of pulse 7810. The horizontal portion of the step represents the “holding” of that
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`voltage value until the next pulse when the next sample of voltage is taken. The specification
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`further clarifies that the high impedance load prevents discharge of the “holding” capacitance into
`
`the load when the switch is OFF in order to accurately represent the voltage of the input signal.
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`[W]hen the down-converted signal 1308A is coupled to a high impedance load,
`the charge that is applied to a holding module such as holding module 2706 in
`FIG. 27 or 2416 in FIG. 24A during a pulse generally remains held by the
`holding module until the next pulse…. A high impedance load enables the
`under-sampling system 1606 to accurately represent the voltage of the original
`unaffected input signal.
`
`’673 patent, 64:58-67.
`
`57.
`
`Unlike a high impedance load, a low impedance load causes the capacitor to
`
`discharge the stored energy between the pulses of the energy transfer signal (i.e., when the switch
`
`is open). Notably, the specification provides clear guidance as to the effects of lowering the
`
`impedance of the load in a voltage sampling system (the voltage sampling system shown in FIG.
`
`78) by replacing the high impedance load with a low impedance load.
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`
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`58.
`
`As shown in FIG. 80D, when the load 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
`
`is significantly discharged by the low impedance load between pulses 8004 (FIG. 80C). As a result,
`
`the holding capacitance 7808 cannot reasonably attain or “hold” the voltage of the original EM
`
`input signal 7804, as was seen in the case of FIG. 79E (above, using a high impedance load).
`
`Instead, the charge appears as the output illustrated in FIG. 80D.
`
`59.
`
`Defendants assert that a skilled person could not ascertain what it means for a load
`
`to be a “low impedance load” because of “the described dependency of ‘low impedance’ on a
`
`‘given output frequency.” See, e.g., Op. Br., 3-4. In particular, Defendants point to the
`
`specifications which describes a low impedance load as “one that is significant relative to the
`
`output drive impedance of the system for a given output frequency.” Id., 2. But Defendants fail to
`
`analyze the term in the context of the full claim language and in view of the specification.
`
`60.
`
`Claim 1 of the ’736 patent (from which claim 5 depends) recites a “system for
`
`frequency down-converting a modulated carrier signal to a demodulated baseband signal.”
`
`Likewise, claim 1 of the ’673 patent (from which claims 26 and 27 depend) recites an “apparatus
`
`for down-converting an input modulated carrier signal to a demodulated baseband signal.” The
`
`claims of the ’673 and ’736 patents, therefore, relate to direct down-conversion of an input
`
`modulated carrier signal to demodulated baseband signal. A POSITA would understand that the
`
`claim language itself defines the “given output frequency” as a baseband frequency. At baseband
`
`
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`Case 6:20-cv-00945-ADA Document 37-5 Filed 09/20/21 Page 22 of 88
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`frequencies, the load impedance is a resistance as shown, for example, in FIGS. 78 B and 82B
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`(below).
`
`61.
`
`A POSITA would also understand “significant relative to the output drive
`
`impedance of the system” refers to the loading effect of a low impedance load (described below).
`
`Floyd at 287-279. If the load in a circuit has a high impedan