Case 6:21-cv-00520-ADA Document 36-1 Filed 03/16/22 Page 1 of 44
`Case 6:21-cv-00520-ADA Document 36-1 Filed 03/16/22 Page 1 of 44
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`EXHIBIT 1
`EXHIBIT 1
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`Case 6:20-cv-00108-ADA Document 51 Filed 10/30/20 Page 1 of 43Case 6:21-cv-00520-ADA Document 36-1 Filed 03/16/22 Page 2 of 44
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`UNITED STATES DISTRICT COURT
`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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`INTEL CORPORATION,
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` Defendant.
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`Case No. 6:20-cv-00108
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`JURY TRIAL DEMANDED
`
`PLAINTIFF PARKERVISION’S
`OPENING CLAIM CONSTRUCTION BRIEF
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`Case 6:20-cv-00108-ADA Document 51 Filed 10/30/20 Page 2 of 43Case 6:21-cv-00520-ADA Document 36-1 Filed 03/16/22 Page 3 of 44
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`Table of Contents
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`I.
`
`II.
`
`Introduction. ........................................................................................................................ 1
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`Technology background...................................................................................................... 1
`
`A.
`
`B.
`
`C.
`
`D.
`
`E.
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`Wired communications. .......................................................................................... 1
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`Wireless Communications. ..................................................................................... 1
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`Frequency. ............................................................................................................... 2
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`Up-conversion. ........................................................................................................ 3
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`Down-conversion. ................................................................................................... 3
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`III.
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`The patents-in-suit. ............................................................................................................. 4
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`A.
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`B.
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`Energy transfer (energy sampling).......................................................................... 5
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`Sample and hold (voltage sampling). ...................................................................... 9
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`IV.
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`Disputed terms for construction. ....................................................................................... 12
`
`A.
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`B.
`
`C.
`
`D.
`
`E.
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`F.
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`G.
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`H.
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`I.
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`Energy “storage” module/element/device terms. .................................................. 12
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`“modulated carrier signal” (’528 patent, claims 1, 5, 14) ..................................... 17
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`“switch” (’528 patent, claims 1, 5, 17; ’444 patent, claim 3; ’474 patent;
`claim 1; ’513 patent, claim 19; ’518 patent, claim 50; ’736 patent,
`claims 1, 11; ’673 patent, claims 1, 13); “switching device” (’725 patent,
`claim 1; ’528 patent, claim 8); “switching module” (’902 patent, claim 1) ......... 19
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`“sampling aperture” (’528 patent, claim 1)........................................................... 21
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`“a down-converted signal being generated from said sampled energy”
`(’902 patent, claim 1) ............................................................................................ 23
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`“the [] switch is coupled to the [] storage element at a [] node and coupled
`to a [] reference potential” (’474 patent, claim 1) ................................................. 26
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`“under-samples” (’444 patent, claim 2; ’474 patent, claim 6) .............................. 27
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`Preamble terms...................................................................................................... 28
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`Frequency down-conversion terms ....................................................................... 29
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`’444 patent ...................................................................................................... 29
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`i
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`’474 patent ...................................................................................................... 30
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`’673 patent ...................................................................................................... 30
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`J.
`
`K.
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`L.
`
`M.
`
`N.
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`O.
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`“universal frequency down-converter” (’518 patent, claim 50) ........................... 31
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`“energy transfer module” (’902 patent, claim 1) .................................................. 32
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`“aliasing module” (’725 patent, claim 1) .............................................................. 33
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`“a capacitor that reduces a DC offset voltage in said first down-converted
`signal and said second down-converted signal” (’444 patent, claim 4) ................ 34
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`“DC offset voltage” (’444 patent, claim 4) ........................................................... 37
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`Terms alleged to be indefinite............................................................................... 38
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`ii
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`Case 6:20-cv-00108-ADA Document 51 Filed 10/30/20 Page 4 of 43Case 6:21-cv-00520-ADA Document 36-1 Filed 03/16/22 Page 5 of 44
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`Table of Authorities
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`
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`Page(s)
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`Cases
`
`Apple Inc. v. Andrea Elecs. Corp.,
`949 F.3d 697 (Fed. Cir. 2020)..................................................................................................13
`
`Baran v. Med. Device Techs., Inc.,
`616 F.3d 1309 (Fed. Cir. 2010)................................................................................................13
`
`Hill-Rom Serv. v. Stryker Corp.,
`755 F.3d 1367 (Fed. Cir. 2014)................................................................................................30
`
`Toro Co. v. White Consol. Indus., Inc.,
`266 F.3d 1367 (Fed. Cir. 2001)................................................................................................26
`
`iii
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`I.
`
`Introduction.
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`The patents-in-suit relate to how wireless devices (e.g., cell phones) process radio signals.
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`Though the patents discuss two technologies for processing signals, the claims are directed to
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`only one of these technologies – energy transfer (i.e., energy sampling). Indeed, the claims
`
`include terms specifically reserved by the patentees to connote energy transfer. ParkerVision’s
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`constructions track the intrinsic evidence and draw a distinction between these technologies.
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`Intel, however, seeks constructions that ignore the intrinsic record and conflate these two distinct
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`technologies to protect its invalidity and non-infringement cases. ParkerVision’s constructions
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`should be adopted, and Intel’s constructions and indefiniteness arguments should be rejected.
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`II.
`
`Technology background.
`
`A.
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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.
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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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`B.
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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).
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`1
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`As shown above, wireless devices use high frequency signals (e.g., radio frequency (RF)
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`(red)) because higher frequency signals can carry more information and high frequency antennas
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`can fit within a cell phone.
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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.
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`C.
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`Frequency.
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`Frequency is the number of cycles of a wave per unit time (second).
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`2
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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.
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`D.
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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.”
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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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`E.
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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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`1 This type of modification is referred to as amplitude modulation. It should be noted that other
`types of modulation can be used, which involve modifying other properties of the carrier signal.
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`3
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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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`As shown above, “down-conversion” is the process by which the baseband (audio) signal
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`is recovered from the carrier signal. Down-conversion is the subject of the patents-in-suit.2
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`III.
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`The patents-in-suit.
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`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. See, e.g., ’518 patent, 66:15-23.
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`Indeed, as discussed below, energy transfer and sample/hold are distinctly different
`
`2 While 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.
`3 The patents-in-suit are U.S. Patent Nos. 6,266,518; 6,580,902; 7,110,444; 7,539,474;
`8,588,725; 8,660,513; 9,118,528; 9,246,736; and 9,444,673.
`4 Since the ’518, ’902, ’513, ’528, ’736 and ’673 patents have the same disclosure regarding
`down-conversion and the ’444, ’474 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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`4
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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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`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. Id. at 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
`
`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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`A.
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`Energy transfer (energy sampling).
`
`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.
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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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`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.
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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.
`
`6
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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.
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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.
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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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`7
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`For this reason, the “storage” capacitor is said to “drive the load.” ’518 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.
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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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`8
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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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`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.
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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).
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`B.
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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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`The system includes a switch 7806 (blue), a control signal 7810 (green) for controlling
`
`the switch, a “holding” capacitor 7808 (orange) for holding a voltage across the capacitor, and a
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`9
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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
`
`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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`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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`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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`10
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`time.” ’518 patent, col. 63:1-3. As shown by the repetitive pulses 7904, this opening and closing
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`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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`As shown in Figure 79E, sample and hold produces a voltage wave with a stair step
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`11
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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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`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.
`
`IV.
`
`Disputed terms for construction.
`
`A.
`
`Energy “storage” module/element/device terms.
`
`Claim Terms
`“energy storage element”
`
`’528 patent, claim 1
`
`“energy storage module”
`
`’902 patent, claim 1
`
`“energy storage element”
`
`’513 patent, claim 19
`’736 patent, claims 1, 11
`
`ParkerVision’s Construction
`“an element of an energy
`transfer system that stores non-
`negligible amounts of energy
`from an input electromagnetic
`signal for driving a low
`impedance load”
`“a module of an energy transfer
`system that stores non-negligible
`amounts of energy from an input
`electromagnetic signal for
`driving a low impedance load”
`“an element of an energy
`transfer system that stores non-
`negligible amounts of energy
`from an input electromagnetic
`signal for driving a low
`impedance load”
`
`Intel’s Construction
`“an element that stores a non-
`negligible amount of energy from
`an input electromagnetic (EM)
`signal”
`
`“a module that stores a non-
`negligible amount of energy from
`an input electromagnetic (EM)
`signal”
`
`“an element that stores a non-
`negligible amount of energy from
`an input electromagnetic (EM)
`signal”
`
`12
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`“energy storage device”
`
`’673 patent, claim 13
`
`“storage element”
`
`’444 patent, claim 3
`’474 patent, claim 1
`
`“storage module”
`
`’725 patent, claim 1
`
`“a device of an energy transfer
`system that stores non-negligible
`amounts of energy from an input
`electromagnetic signal for
`driving a low impedance load”
`“an element of an energy
`transfer system that stores non-
`negligible amounts of energy
`from an input electromagnetic
`signal for driving a low
`impedance load”
`“a module of an energy transfer
`system that stores non-negligible
`amounts of energy from an input
`electromagnetic signal for
`driving a low impedance load”
`
`“a device that stores a non-
`negligible amount of energy from
`an input electromagnetic (EM)
`signal”
`
`“an element that stores a non-
`negligible amount of energy from
`an input electromagnetic (EM)
`signal”
`
`“a module that stores a non-
`negligible amount of energy from
`an input electromagnetic (EM)
`signal”
`
`An energy “storage” module/element/device7 is a term reserved exclusively for a
`
`component of an energy transfer (energy sampling) system. On the other hand, a “holding”
`
`module/element/device8 is a term reserved exclusively for a component of a sample and hold
`
`(voltage sampling) system. As such, an energy “storage” module must be construed in a way that
`
`distinguishes it from a “holding” module. See Apple Inc. v. Andrea Elecs. Corp., 949 F.3d 697,
`
`708, (Fed. Cir. 2020) (“As we have held, ‘[when] the patent describes multiple embodiments,
`
`every claim does not need to cover every embodiment. This is particularly true [when] the plain
`
`language of a limitation of the claim does not appear to cover that embodiment.’”); see also
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`Baran v. Med. Device Techs., Inc., 616 F.3d 1309, 1315 (Fed. Cir. 2010) (“It is not necessary
`
`that each patent claim read on every embodiment. It is often the case that different claims are
`
`directed to and cover different disclosed embodiments”). And as discussed below, the
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`distinctions between a “storage” module in an energy transfer system and a “holding” module in
`
`a sample and hold system are spelled out in the patent specification.
`
`7 “Storage module” will be used as shorthand for a “storage” element, module, or device.
`8 “Holding module” will be used as shorthand for a “holding” element, module, or device.
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`13
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`The parties agree that an energy “storage” module “stores a non-negligible amount of
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`energy from an input electromagnetic (EM) signal.” But this feature alone does not distinguish a
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`“storage” module of an energy transfer system from a “holding” module of a sample and hold
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`system. There are two additional key distinguishing features – (1) the “storage” module is part of
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`an energy transfer system, and (2) the “storage” module discharges energy to drive a low
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`impedance load. ParkerVision’s construction accounts for both of these features.
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`With regard to feature (1), the specification is clear that the term “storage” module is
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`specific to an “energy transfer system” and a “holding” module, as the name implies, is specific
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`to a sample and hold system. As discussed in Section III above, whereas a “storage” module
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`stores and transfers/discharges energy, a “holding” module is “holding a voltage value.”
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`The energy transfer system 8202 includes a switching module 8206 and a storage
`module illustrated as a storage capacitance 8208. The terms storage module and
`storage capacitance, as used herein, are distinguishable from the terms holding
`module and holding capacitance, respectively. Holding modules and holding
`capacitances, as used above, identify systems that store negligible amounts of
`energy from an under-sampled input EM signal with the intent of ‘holding’ a
`voltage value. Storage modules and storage capacitances, on the other hand, refer
`to systems that store non-negligible amounts of energy from an input EM signal.9
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`’518 patent, 66:12-23. See also id. at 53:24 – 58:29 (discussing sample and hold systems); 65:56
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`– 67:39, 97:14 – 101:67 (discussing energy transfer systems).
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`9 Unless otherwise indicated, all emphasis has been added.
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`14
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`This difference between “storage” and “holding” modules is also apparent in the figures.
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`For example, as shown in Figures 68G and 82B above, when discussing an energy transfer
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`system, the specification uses the term “storage” module/capacitance (green). See also id. at
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`Figs. 65, 68A-G, 74, 82A, 82B, 95. On the other hand, as shown in Figures 29G and 78B above,
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`when discussing a sample and hold system, the specification uses the term “holding”
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`module/capacitance (yellow). See also id. at Figs. 24A, 27, 29A-G, 42, 65, 78A, 78B. As such,
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`ParkerVision’s construction recites that the energy “storage” module is part of an “energy
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`transfer system.”
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`With regard to feature (2), the specification is clear that a low impedance load is
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`fundamental to the operation of an energy transfer system. Indeed, a low impedance load is what
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`15
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`makes a module a “storage” module as opposed to a “holding” module. As discussed in Section
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`III above, a low impedance load provides little resistance to electrical current and, thus, energy
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`can be transferred/discharged from a “storage” module. This unique feature of an energy transfer
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`system is what enables the “storage” module to drive a low impedance load. But if a load is high
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`impedance, there would be high resistance to current and the module would “hold” a voltage.10
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`In other words, with a high impedance load, the module would be a “holding” module, not a
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`“storage” module. Indeed, the specification specifically calls out driving a low impedance load
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`as a “benefit” of an energy transfer system.
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`Another benefit of the energy transfer system 8202 is that the non-negligible
`amounts of transferred energy permit the energy transfer system 8202 to
`effectively drive loads that would otherwise be classified as low impedance loads
`in under-sampling systems and conventional sampling systems. In other words,
`the non-negligible amounts of transferred energy ensure that, even for lower
`impedance loads, the storage capacitance 8208 accepts and maintains sufficient
`energy or charge to drive the load 8202.
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`Id. at 66:61 – 67:3. Without a “storage” module driving a low impedance load, sufficient energy
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`could not be transferred/discharged from the “storage” module in order to recover a down-
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`converted signal from an input EM signal. In such a case, the module would be a “holding”
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`module. As such, ParkerVision’s construction recites that the energy in an energy “storage”
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`module is used “for driving a low impedance load.”
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`Intel, on the other hand, tries to avoid putting too fine a point on the features that
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`distinguish a “storage” module from a “holding” module. This is no accident. Intel provides a
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`bare bones construction to give itself flexibility for its invalidity case. Indeed, Intel is seeking a
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`10 In a sample and hold system, the high impedance load is intended to prevent discharge of the
`“holding” module when the switch is OFF (open) in order to maintain a constant voltage value
`until the next time the switch is ON (closed).
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`construction that, contrary to everything in the specification, it can attempt to use to encompass
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`prior art sample and hold systems. Intel’s invalidity contentions cite to sample and hold systems
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`with a capacitor that purportedly stores a non-negligible amount of energy. Intel’s gamesmanship
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`should be rejected and ParkerVision’s construction should be adopted.
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`B.
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`“modulated carrier signal” (’528 patent, claims 1, 5, 14)
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`ParkerVision’s Construction
`“electromagnetic signal at transmission
`frequency having at least one characteristic
`that has been modulated by a baseband
`signal”
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`Intel’s Construction
`“a carrier signal that is modulated by a
`baseband signal”
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`The parties’ constructions are similar. The main difference is that ParkerVision seeks to
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`clarify the meaning of “carrier signal” whereas Intel wants to remain silent. Yet again, Intel is
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`seeking flexibility for its invalidity case.
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`The meaning of “modulated carrier signal” should not be controversial. As discussed in
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`Section II.B and shown above, a modulated carrier signal is the high frequency electromagnetic
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`(EM) signal (red) that carries a baseband signal over air.
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`ParkerVision’s construction11 captures this concept and comes directly from the