Case 1:20-cv-00034-ADA Document 45-15 Filed 03/20/20 Page 1 of 5
`Case 1:20-cv-00034-ADA Document 45-15 Filed 03/20/20 Page 1 of 5
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`EXHIBIT 13
`EXHIBIT 13
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`Case 1:20-cv-00034-ADA Document 45-15 Filed 03/20/20 Page 2 of 5
`Case 4:11-cv-06357-YGR Document 104 Filed 07/13/12 Page 1 of 46
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` PAGES 1 - 45
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`BEFORE THE HONORABLE YVONNE GONZALEZ ROGERS, JUDGE
`
`ANCORA TECHNOLOGIES, INC., )
` )
` )
` PLAINTIFF, ) NO. C-11-6357 YGR
` )
` VS. ) FRIDAY, JUNE 29, 2012
` )
`APPLE, INC., ) OAKLAND, CALIFORNIA
`)
`)
` DEFENDANT. )
`____________________________)
`
`
`REPORTER'S TRANSCRIPT OF PROCEEDINGS
`
`APPEARANCES:
`
`FOR PLAINTIFF: BROOKS KUSHMAN P.C.
` 1000 TOWN CENTER, 22ND FLOOR
` SOUTHFIELD, MINNESOTA 48075
` BY: JOHN S. LE ROY, ESQUIRE
`
`
`FOR DEFENDANT: MORRISON & FOERSTER
` 425 MARKET STREET
` SAN FRANCISCO, CALIFORNA 94105
` BY: RICHARD S.J. HUNG, ESQUIRE
` ERIC OW, ESQUIRE
`
` MORRISON & FOERSTER
` 555 WEST FIFTH STREET
` LOS ANGELES, CALIFORNIA 90013
` BY: BITA RAHEBI, ESQUIRE
`
`
` APPLE
` 1 INFINITE LOOP, MS 36-3NYJ
` CUPERTINO, CALIFORNIA 95014
` BY: JACKIE HARLOW, IP LITIGATION COUNSEL
`
`
`
`REPORTED BY: DIANE E. SKILLMAN, CSR 4909, RPR, FCRR
` OFFICIAL COURT REPORTER
`
`DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC (510) 451-2930
`
`

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`Case 1:20-cv-00034-ADA Document 45-15 Filed 03/20/20 Page 3 of 5
`Case 4:11-cv-06357-YGR Document 104 Filed 07/13/12 Page 11 of 46
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`ACTUALLY, I AM GOING TO RUN IT FOR TEN SECONDS.
`ACTUALLY,
`I AM GOING TO RUN IT FOR TEN SECONDS.
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`EVERY TIME YOU WANT TO START A COMPUTER, YOU HAD TO GO THROUGH
`EVERY TIME YOU WANT TO START A COMPUTER, YOU HAD TO GO THROUGH
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`THIS SEQUENCE OF PUTTING DATA INSIDE THE MEMORY, AND THE LIGHTS
`THIS SEQUENCE OF PUTTING DATA INSIDE THE MEMORY, AND THE LIGHTS
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`WILL COME UP, AND AT SOME POINT THE COMPUTER WOULD KNOW THAT
`WILL COME UP, AND AT SOME POINT THE COMPUTER WOULD KNOW THAT
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`IT'S READY TO GO AND IT WILL PICK UP THE OPERATING SYSTEM.
`IT'S READY TO GO AND IT WILL PICK UP THE OPERATING SYSTEM.
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`AND WE DON'T DO THAT ANYMORE.
`WE DON'T DO THAT
`AND WE DON'T DO THAT ANYMORE. WE DON'T DO THAT
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`ANYMORE BECAUSE WE HAVE A BIOS.
`AND THAT BIOS IS WHAT REPLACES
`ANYMORE BECAUSE WE HAVE A BIOS. AND THAT BIOS IS WHAT REPLACES
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`THIS MANUAL PROCESS.
`IT WILL GET THE DIFFERENT COMPONENTS OF
`THIS MANUAL PROCESS. IT WILL GET THE DIFFERENT COMPONENTS OF
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`THE COMPUTER TO START RUNNING, YOU WILL PUT THE RIGHT VALUES
`THE COMPUTER TO START RUNNING, YOU WILL PUT THE RIGHT VALUES
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`RIGHT MEMORY LOCATIONS, AND GET THE CPU READY TO RUN AN
`RIGHT MEMORY LOCATIONS, AND GET THE CPU READY TO RUN AN
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`OPERATING SYSTEM, A PROGRAM, WHATEVER.
`OPERATING SYSTEM, A PROGRAM, WHATEVER.
`
`IN FACT, ALL OF THE COMPUTERS -- IF YOU TURN OUT THE
`IN FACT, ALL OF THE COMPUTERS -— IF YOU TURN OUT THE
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`POWER, YOU'LL SEE A BLACK SCREEN, AND SOME NUMBERS RUN AROUND,
`POWER, YOU'LL SEE A BLACK SCREEN, AND SOME NUMBERS RUN AROUND,
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`SOME TESTS GOING ON, THAT'S BASICALLY WHAT THE BIOS DOES.
`SOME TESTS GOING ON, THAT'S BASICALLY WHAT THE BIOS DOES.
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`IS THERE ANY WATER IN HERE?
`IS THERE ANY WATER IN HERE?
`
`MR. LE ROY:
`I WILL TAKE CARE OF IT.
`MR. LE ROY: I WILL TAKE CARE OF IT.
`
`MR. MULLOR:
`THANK YOU.
`MR. MULLOR: THANK YOU.
`
`THE LAST ITEM WE HAVE HERE IS WHAT WE CALL A
`THE LAST ITEM WE HAVE HERE IS WHAT WE CALL A
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`
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`LICENSE, SOFTWARE LICENSE. AND THE CONCEPT -- OUR CONCEPT OF A
`LICENSE, SOFTWARE LICENSE.
`AND THE CONCEPT —— OUR CONCEPT OF A
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`SOFTWARE LICENSE IS VERY SIMILAR TO THE CONCEPT OF A LICENSE
`SOFTWARE LICENSE IS VERY SIMILAR TO THE CONCEPT OF A LICENSE
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`PLATE. THE IDEA WE HAD IS, JUST LIKE A CAR, YOU MAY HAVE IT,
`PLATE.
`THE IDEA WE HAD IS,
`JUST LIKE A CAR, YOU MAY HAVE IT,
`
`BUT YOU ARE NOT ALLOWED TO OPERATE IT WITHOUT A LICENSE PLATE
`BUT YOU ARE NOT ALLOWED TO OPERATE IT WITHOUT A LICENSE PLATE
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`ON IT.
`ON IT.
`
`WE CAN HAVE THE SAME CONCEPT WITH COMPUTERS AND
`WE CAN HAVE THE SAME CONCEPT WITH COMPUTERS AND
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`SOFTWARE.
`IF YOU DON'T HAVE THE SPECIAL LICENSE PLATE IN THE
`SOFTWARE. IF YOU DON'T HAVE THE SPECIAL LICENSE PLATE IN THE
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`DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC (510) 451-2930
`DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC (510) 451—2930
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`Case 1:20-cv-00034-ADA Document 45-15 Filed 03/20/20 Page 4 of 5
`Case 4:11-cv-06357-YGR Document 104 Filed 07/13/12 Page 12 of 46
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`COMPUTER, YOU CAN'T RUN THE SOFTWARE ASSOCIATED WITH THAT
`COMPUTER, YOU CAN'T RUN THE SOFTWARE ASSOCIATED WITH THAT
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`LICENSE PLATE.
`LICENSE PLATE.
`
`
`
`SO I GO BACK TO THIS PICTURE OF THE BIOS
`SO I GO BACK TO THIS PICTURE OF THE BIOS
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`(INDICATING), WHICH IS -- LOOKS LIKE A COMPUTER CHIP. AND WHEN
`(INDICATING), WHICH IS —— LOOKS LIKE A COMPUTER CHIP.
`AND WHEN
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`WE LOOKED AT THIS, WE REALIZED THAT THIS BIOS HAS MEMORY. AND
`WE LOOKED AT THIS, WE REALIZED THAT THIS BIOS HAS MEMORY.
`AND
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`THE MEMORY IS BEING USED ONLY BY THE BIOS.
`IT'S NOT AVAILABLE
`THE MEMORY IS BEING USED ONLY BY THE BIOS. IT'S NOT AVAILABLE
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`TO ANYTHING ELSE. AND THERE'S QUITE A BIT OF FREE SPACE IN
`TO ANYTHING ELSE.
`AND THERE'S QUITE A BIT OF FREE SPACE IN
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`THERE THAT NO ONE IS USING.
`AND NO ONE IS USING IT BECAUSE
`THERE THAT NO ONE IS USING. AND NO ONE IS USING IT BECAUSE
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`IT'S NOT AVAILABLE. AS A SOFTWARE ENGINEER, I WOULDN'T EVEN
`IT'S NOT AVAILABLE.
`AS A SOFTWARE ENGINEER,
`I WOULDN'T EVEN
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`THINK ABOUT DOING ANYTHING WITH IT.
`THINK ABOUT DOING ANYTHING WITH IT.
`
`SO, OUR IDEA WAS LET'S TAKE THIS CONCEPT OF A
`SO, OUR IDEA WAS LET'S TAKE THIS CONCEPT OF A
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`LICENSE RECORD FOR A PROGRAM, THIS LICENSE PLATE ANALOGY, AND
`LICENSE RECORD FOR A PROGRAM, THIS LICENSE PLATE ANALOGY, AND
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`LET'S TRY TO PUT IT INSIDE THIS BIOS OF THE COMPUTER.
`AND BY
`LET'S TRY TO PUT IT INSIDE THIS BIOS OF THE COMPUTER. AND BY
`
`DOING SO, WE EFFECTIVELY, IT'S LIKE ATTACHING THAT LICENSE
`DOING SO, WE EFFECTIVELY,
`IT'S LIKE ATTACHING THAT LICENSE
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`PLATE ONTO THE COMPUTER BECAUSE THAT BIOS IS PART OF THE
`PLATE ONTO THE COMPUTER BECAUSE THAT BIOS IS PART OF THE
`
`COMPUTER. IT HAS TO BE THERE; OTHERWISE IT DOESN'T RUN.
`COMPUTER.
`IT HAS TO BE THERE; OTHERWISE IT DOESN'T RUN.
`
`SO OUR PROTOTYPE THAT WE BUILT IN 1997 WAS SETTING
`SO OUR PROTOTYPE THAT WE BUILT IN 1997 WAS SETTING
`
`UP THESE, WHAT WE CALL VERIFICATION STRUCTURES, WHICH IS SOME
`UP THESE, WHAT WE CALL VERIFICATION STRUCTURES, WHICH IS SOME
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`DATA WE USE TO INDICATE WHETHER THE PROGRAM CAN RUN OR NOT, AND
`DATA WE USE TO INDICATE WHETHER THE PROGRAM CAN RUN OR NOT, AND
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`WE WROTE SOFTWARE THAT CAN TAKE THAT AND PUT IT INTO THIS BIOS.
`WE WROTE SOFTWARE THAT CAN TAKE THAT AND PUT IT INTO THIS BIOS.
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`EFFECTIVELY, WE TURNED THIS BIOS INTO AN EQUIVALENT
`EFFECTIVELY, WE TURNED THIS BIOS INTO AN EQUIVALENT
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`OF A DONGLE FOR US.
`SO INSTEAD OF HAVING TO SHIP THAT
`OF A DONGLE FOR US. SO INSTEAD OF HAVING TO SHIP THAT
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`ATTACHMENT THAT I SHOWED AT THE BEGINNING OF THE PRESENTATION,
`ATTACHMENT THAT I SHOWED AT THE BEGINNING OF THE PRESENTATION,
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`IT'S ALREADY THERE.
`WE DON'T NEED TO SHIP ANYTHING.
`IT WILL
`IT'S ALREADY THERE. WE DON'T NEED TO SHIP ANYTHING. IT WILL
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`JUST WORK EVERYWHERE.
`AND THEN WE ARE SAVING THE COST AND WE
`JUST WORK EVERYWHERE. AND THEN WE ARE SAVING THE COST AND WE
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`DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC (510) 451-2930
`DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC (510) 451—2930
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`Case 1:20-cv-00034-ADA Document 45-15 Filed 03/20/20 Page 5 of 5
`Case 4:11-cv-06357-YGR Document 104 Filed 07/13/12 Page 46 of 46
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`CERTIFICATE OF REPORTER
`CERTIFICATE OF REPORTER
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` I, DIANE E. SKILLMAN, OFFICIAL REPORTER FOR THE UNITED
`I, DIANE E. SKILLMAN, OFFICIAL REPORTER FOR THE UNITED
`
`STATES COURT, NORTHERN DISTRICT OF CALIFORNIA, HEREBY CERTIFY
`STATES COURT, NORTHERN DISTRICT OF CALIFORNIA, HEREBY CERTIFY
`
`THAT THE FOREGOING IS A CORRECT TRANSCRIPT FROM THE RECORD OF
`THAT THE FOREGOING IS A CORRECT TRANSCRIPT FROM THE RECORD OF
`
`PROCEEDINGS IN THE ABOVE-ENTITLED MATTER.
`PROCEEDINGS IN THE ABOVE-ENTITLED MATTER.
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`JULY 10, 2012
`
`
`
`
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`/S/ DIANE E. SKILLMAN
`/s/ DIANE E. SKILLMAN
`
`DIANE E. SKILLMAN, CSR 4909, RPR, FCRR
`DIANE E. SKILLMAN, CSR 4909, RPR, FCRR
`
`TUESDAY, JULY 10, 2012
`TUESDAY,
`
`DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC (510) 451-2930
`DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC (510) 451—2930
`
`