Case 1:20-cv-00034-ADA Document 49-4 Filed 04/10/20 Page 1 of 7
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`Exhibit 27
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`Case 1:20-cv-00034-ADA Document 49-4 Filed 04/10/20 Page 2 of 7
`Case: 13-1378 Document: 46 Page: 1 Filed: 10/21/2013
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`2013-1378, -1414
`_______________________________________
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`United States Court of Appeals
`for the Federal Circuit
`_______________________________________
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`ANCORA TECHNOLOGIES, INC.,
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`Plaintiff- Appellant,
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`v.
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`APPLE, INC.,
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`Defendant-Cross Appellant.
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`_____________________________________
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`Appeals From The United States District Court
`For The Northern District Of California In
`11-CV-6357, Judge Yvonne Gonzales Rogers
`______________________________________
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`JOINT APPENDIX
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`Mark A. Cantor
`John S. LeRoy
`Marc Lorelli
`John P. Rondini
`BROOKS KUSHMAN P.C.
`1000 Town Center
`Twenty-Second Floor
`Southfield, Michigan 48075-1238
`(248) 358-4400
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`Attorneys for Plaintiff-Appellant
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`Dated: October 21, 2013
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`Case 1:20-cv-00034-ADA Document 49-4 Filed 04/10/20 Page 3 of 7
`Case: 13-1378 Document: 46 Page: 2 Filed: 10/21/2013
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`United States Court of Appeals
`for the Federal Circuit
`Ancora Technologies, Inc. v. Apple, Inc.
`
`[2013-1378, -1414]
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`
`Joint Appendix
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`Final Judgment, Dtd. 4/29/13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A1 – A2
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`Claim Construction Order, Dtd. 12/31/12. . . . . . . . . . . . . . . . . . . . . . . . . . . A3 – A23
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`Docket Sheet. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. A24 – A41
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`USPN 6,411,941. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. A42 – A48
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`USPN 6,411,941 Re-Examination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A49 – A50
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`Complaint for Patent Infringement, Dtd. 12/29/10. . . . . . . . . . . . . . . . . . . . A51 – A54
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`Joint Claim Construction Statement, Dtd. 3/26/12. . . . . . . . . . . . . . . . . . . . A87 – A96
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`Plaintiff’s Opening Markman Brief, Dtd. 5/9/12. . . . . . . . . . . . . . . . . . . . . .A123 – A125
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`A127 – A128
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`Declaration of John Rondini in Support
`of Plaintiff’s Markman Brief, Dtd. 5/9/12. . . . . . . . . . . . . . . . . . . . . . . . . . . A249 – A250
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` A261 – A270
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` A283 – A285
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` A291 – A294
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` A297
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` A301 – A302
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` A310
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` A589
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` A602
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` A619
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` A655
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` A1420
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` A1439
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`Case 1:20-cv-00034-ADA Document 49-4 Filed 04/10/20 Page 4 of 7
`Case: 13-1378 Document: 46 Page: 3 Filed: 10/21/2013
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`Defendant’s Responsive Claim Construction
`Brief, Dtd. 6/5/12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A1474
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`A1499
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`A1501 – A1503
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`A1662
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`A1669
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`A1672
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`A1689
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`A1695
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`A1700
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`A1705
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`Transcript of Proceedings, Dtd. 6/29/12. . . . . . . . . . . . . . . . . . . . . . . . . . . . A1819 – A1864
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`Markman Hearing Transcript, Dtd. 7/11/12. . . . . . . . . . . . . . . . . . . . . . . . .. A1866 – A1951
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`Defendant’s Motion for Summary Judgment
`of Noninfringement, Dtd. 3/28/13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A1974
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`A1994 – A2002
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`Plaintiff’s Statement of Non-Opposition to
`Defendant’s Motion for Summary Judgment
`of Non-Infringement and Presentment of New
`Proposed Order, Dtd. 4/17/13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A2080 – A2083
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`Joint Stipulation for Entry of Final Judgment
`and Dismissal, Dtd. 4/23/13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. A2084 – A2086
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`Order Granting Summary Judgment of
`Non-Infringement, Dtd. 4/29/13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. A2089
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`Plaintiff’s Notice of Appeal, Dtd. 4/30/13. . . . . . . . . . . . . . . . . . . . . . . . . . .A2090 – 2092
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`Case 1:20-cv-00034-ADA Document 49-4 Filed 04/10/20 Page 5 of 7
`Case: 13-1378 Document: 46 Page: 119 Filed: 10/21/2013
`Case4:11-cv-06357-YGR Document104 Filed07/13/12 Page6 of 46
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`6
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`A LOT OF CUSTOMERS.
`IT'S A PIECE OF HARDWARE.
`A LOT OF CUSTOMERS. IT'S A PIECE OF HARDWARE.
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`SO THEN I WAS -— I TURNED MY ATTENTION TO A
`SO THEN I WAS -- I TURNED MY ATTENTION TO A
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`DIFFERENT SET OF PRODUCTS THAT WERE AVAILABLE BACK THEN; WHAT'S
`DIFFERENT SET OF PRODUCTS THAT WERE AVAILABLE BACK THEN; WHAT'S
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`CALLED A SOFTWARE—BASED ANTIPIRACY PRODUCT.
`AND THOSE ARE
`CALLED A SOFTWARE-BASED ANTIPIRACY PRODUCT. AND THOSE ARE
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`PRODUCTS THAT I WOULD INCORPORATE INTO MY PROGRAM.
`ANY TIME
`PRODUCTS THAT I WOULD INCORPORATE INTO MY PROGRAM. ANY TIME
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`YOU WOULD RUN MY SOFTWARE OR WHEN YOU INSTALL IT THE FIRST
`YOU WOULD RUN MY SOFTWARE OR WHEN YOU INSTALL IT THE FIRST
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`TIME, YOU WOULD HAVE TO PROVE YOU ARE THE AUTHENTIC USER BY
`TIME, YOU WOULD HAVE TO PROVE YOU ARE THE AUTHENTIC USER BY
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`PUNCHING IN A BUNCH OF NUMBERS I WOULD GIVE YOU ON A POSTCARD
`PUNCHING IN A BUNCH OF NUMBERS I WOULD GIVE YOU ON A POSTCARD
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`OR ON THE BACK OF A CD.
`OR ON THE BACK OF A CD.
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`AND THAT WAS A LESS SECURE SOLUTION AND IT WAS
`AND THAT WAS A LESS SECURE SOLUTION AND IT WAS
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`PUTTING A HASSLE ON MY USERS WHO NOW HAVE TO KEY IN THESE
`PUTTING A HASSLE ON MY USERS WHO NOW HAVE TO KEY IN THESE
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`NUMBERS.
`NUMBERS.
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`SO, THAT LED ME TO START THINKING ABOUT THIS FIELD
`SO, THAT LED ME TO START THINKING ABOUT THIS FIELD
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`OF SOFTWARE ANTIPIRACY AND LICENSING, AND I WAS TRYING TO
`OF SOFTWARE ANTIPIRACY AND LICENSING, AND I WAS TRYING TO
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`FIGURE OUT IF THERE IS A THIRD APPROACH THAT I COULD PERHAPS
`FIGURE OUT IF THERE IS A THIRD APPROACH THAT I COULD PERHAPS
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`TAKE ON AND PROVIDE A SOLUTION THAT WILL HAVE THE ADVANTAGES OF
`TAKE ON AND PROVIDE A SOLUTION THAT WILL HAVE THE ADVANTAGES OF
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`BOTH THE HARDWARE APPROACH AND THE SOFTWARE APPROACH WITHOUT
`BOTH THE HARDWARE APPROACH AND THE SOFTWARE APPROACH WITHOUT
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`ALL OF THE DISADVANTAGES.
`ALL OF THE DISADVANTAGES.
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`SO WHAT I HAVE DONE IS I HAVE LOOKED AT THE COMPUTER
`SO WHAT I HAVE DONE IS I HAVE LOOKED AT THE COMPUTER
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`AND TRYING TO FIGURE OUT IF THERE'S ANYTHING IN THOSE COMPUTERS
`AND TRYING TO FIGURE OUT IF THERE'S ANYTHING IN THOSE COMPUTERS
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`THAT'S ALREADY THERE THAT I COULD POTENTIALLY REUSE FOR A
`THAT'S ALREADY THERE THAT I COULD POTENTIALLY REUSE FOR A
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`DIFFERENT PURPOSE AND HAVE THIS EFFECT OF A, LIKE A DONGLE THAT
`DIFFERENT PURPOSE AND HAVE THIS EFFECT OF A, LIKE A DONGLE THAT
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`WE HAD BEFORE, THAT HARDWARE ATTACHMENT, WITHOUT HAVING TO SEND
`WE HAD BEFORE, THAT HARDWARE ATTACHMENT, WITHOUT HAVING TO SEND
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`THE HARDWARE DEVICES TO MY USERS.
`THE HARDWARE DEVICES TO MY USERS.
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`IN -- I HAD A CONVERSATION, DISCUSSIONS WITH A
`IN —— I HAD A CONVERSATION, DISCUSSIONS WITH A
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`DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC (510) 451-2930
`DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC (510) 451—2930
`A1824
`A1824
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`Case 1:20-cv-00034-ADA Document 49-4 Filed 04/10/20 Page 6 of 7
`Case: 13-1378 Document: 46 Page: 120 Filed: 10/21/2013
`Case4:11-cv-06357-YGR Document104 Filed07/13/12 Page7 of 46
`WQWWMmmmmwmoW67
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`7
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`FRIEND OF MINE WHO IS A HARDWARE ENGINEER AND WHO IS A
`FRIEND OF MINE WHO IS A HARDWARE ENGINEER AND WHO IS A
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`CO-INVENTOR ON THIS PATENT, JULIAN, AND TOGETHER WE'VE -- WE
`CO-INVENTOR ON THIS PATENT,
`JULIAN, AND TOGETHER WE'VE -— WE
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`IDENTIFIED THAT THERE'S ONE STANDARD COMPONENT ON THE
`IDENTIFIED THAT THERE'S ONE STANDARD COMPONENT ON THE
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`MOTHERBOARD OF THE COMPUTER THAT WE COULD POTENTIALLY REUSE AND
`MOTHERBOARD OF THE COMPUTER THAT WE COULD POTENTIALLY REUSE AND
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`REPURPOSE, AND BUILD A THIRD CLASS OF SOFTWARE LICENSING
`REPURPOSE, AND BUILD A THIRD CLASS OF SOFTWARE LICENSING
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`SOLUTION. THAT COMPONENT IS CALLED BIOS, AND I WILL EXPLAIN IN
`SOLUTION.
`THAT COMPONENT IS CALLED BIOS, AND I WILL EXPLAIN IN
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`A COUPLE OF MINUTES WHAT IT IS.
`A COUPLE OF MINUTES WHAT IT IS.
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`BUT OUR IDEA ESSENTIALLY IS -— WAS TO BUILD A
`BUT OUR IDEA ESSENTIALLY IS -- WAS TO BUILD A
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`SOFTWARE LICENSING TECHNOLOGY THAT COMBINES THIS ALREADY
`SOFTWARE LICENSING TECHNOLOGY THAT COMBINES THIS ALREADY
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`AVAILABLE HARDWARE WITH SOFTWARE THAT WE WILL DEVELOP, AND
`AVAILABLE HARDWARE WITH SOFTWARE THAT WE WILL DEVELOP, AND
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`CREATE AN ELEGANT SOLUTION THAT HAS THE ADVANTAGES WITH NONE OF
`CREATE AN ELEGANT SOLUTION THAT HAS THE ADVANTAGES WITH NONE OF
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`THE DISADVANTAGES.
`WE SPENT THE BETTER OF 1997 DEVELOPING A
`THE DISADVANTAGES. WE SPENT THE BETTER OF 1997 DEVELOPING A
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`PROTOTYPE PROVING TO OURSELVES THAT THIS TECHNOLOGY CAN
`PROTOTYPE PROVING TO OURSELVES THAT THIS TECHNOLOGY CAN
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`ACTUALLY WORK.
`ACTUALLY WORK.
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`
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`AND IN MAY IN 1998 WE FILED FOR AN ISRAELI PATENT
`AND IN MAY IN 1998 WE FILED FOR AN ISRAELI PATENT
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`APPLICATION WITH THE GOAL OF STARTING A COMPANY AND
`APPLICATION WITH THE GOAL OF STARTING A COMPANY AND
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`COMMERCIALIZING.
`COMMERCIALIZING.
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`IN OCTOBER 1998, WE FILED HERE, AND I MOVED TO THIS
`IN OCTOBER 1998, WE FILED HERE, AND I MOVED TO THIS
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`COUNTRY TO COMMERCIALIZE THE TECHNOLOGY.
`AND IN -— IT TOOK A
`COUNTRY TO COMMERCIALIZE THE TECHNOLOGY. AND IN -- IT TOOK A
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`COUPLE OF YEARS TO GET THE PATENT.
`COUPLE OF YEARS TO GET THE PATENT.
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`AND IN 2002 WHEN WE GOT IT, I STARTED BEEBLE, WHICH
`AND IN 2002 WHEN WE GOT IT,
`I STARTED BEEBLE, WHICH
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`IS WRITTEN HERE ON THE PATENT, WHICH WAS THE FIRST ATTEMPT TO
`IS WRITTEN HERE ON THE PATENT, WHICH WAS THE FIRST ATTEMPT TO
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`COMMERCIALIZE THE TECHNOLOGY.
`COMMERCIALIZE THE TECHNOLOGY.
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`MR. SAAVEDRA HERE WAS ON MY TEAM BACK THEN.
`MR. SAAVEDRA HERE WAS ON MY TEAM BACK THEN.
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`AND THEN LOOK AT THIS FIGURE 1 OF THE PATENT
`AND THEN LOOK AT THIS FIGURE 1 OF THE PATENT
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`DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC (510) 451-2930
`DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC (510) 451—2930
`A1825
`A1825
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`Case 1:20-cv-00034-ADA Document 49-4 Filed 04/10/20 Page 7 of 7
`Case: 13-1378 Document: 46 Page: 163 Filed: 10/21/2013
`Case4:11-cv-06357-YGR Document106 Filed08/23/12 Page4 of 86
`WQWWMWMFHWQMG WWfl
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`CAME TO THE REALIZATION THAT THERE IS THIS SPACE, MEMORY SPACE
`CAME TO THE REALIZATION THAT THERE IS THIS SPACE, MEMORY SPACE
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`THAT ALREADY EXISTS INSIDE OF THIS BIOS TECHNOLOGY IN
`THAT ALREADY EXISTS INSIDE OF THIS BIOS TECHNOLOGY IN
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`COMPUTERS, AND THAT HE COULD USE THAT FREE SPACE, IF YOU WILL,
`COMPUTERS, AND THAT HE COULD USE THAT FREE SPACE,
`IF YOU WILL,
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`TO STORE INFORMATION THAT CAN BE USED TO GOVERN SOFTWARE
`TO STORE INFORMATION THAT CAN BE USED TO GOVERN SOFTWARE
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`LICENSING.
`LICENSING.
`
`
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`AND THAT REALLY WAS THE GENESIS OF THE INVENTION AND
`AND THAT REALLY WAS THE GENESIS OF THE INVENTION AND
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`THE CLAIM LANGUAGE WILL REFLECT THAT.
`THE CLAIM LANGUAGE WILL REFLECT THAT.
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`THE COURT: JUST TO BE CLEAR, I TAKE IT IT'S
`THE COURT:
`JUST TO BE CLEAR,
`I TAKE IT IT'S
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`UNDERSTOOD IT IS NOT THE BIOS SPECIFICALLY, BUT THE ROM ON
`UNDERSTOOD IT IS NOT THE BIOS SPECIFICALLY, BUT THE ROM ON
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`WHICH THE BIOS SITS.
`WHICH THE BIOS SITS.
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`MR. LE ROY:
`THAT'S CORRECT.
`YES.
`MR. LE ROY: THAT'S CORRECT. YES.
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`MR. MULLOR DOESN'T CONTEND THAT HE INVENTED BIOS.
`MR. MULLOR DOESN'T CONTEND THAT HE INVENTED BIOS.
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`HE JUST RECOGNIZED THAT THERE WAS —— BIOS PRESENTED AN
`HE JUST RECOGNIZED THAT THERE WAS -- BIOS PRESENTED AN
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`OPPORTUNITY FOR HIM TO STORE HIS TECHNOLOGY.
`IT WAS A
`OPPORTUNITY FOR HIM TO STORE HIS TECHNOLOGY. IT WAS A
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`MECHANISM.
`MECHANISM.
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`AND BECAUSE IT ALREADY EXISTED IN COMPUTERS, IT WAS
`AND BECAUSE IT ALREADY EXISTED IN COMPUTERS,
`IT WAS
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`A VERY EFFICIENT WAY FOR HIM TO PENETRATE THE MARKET, IF YOU
`A VERY EFFICIENT WAY FOR HIM TO PENETRATE THE MARKET,
`IF YOU
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`WILL, WITH HIS INVENTION. HE DIDN'T HAVE TO DISTRIBUTE A
`WILL, WITH HIS INVENTION.
`HE DIDN'T HAVE TO DISTRIBUTE A
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`STAND-ALONE DONGLE, WHICH WAS THE EARLIER HARDWARE APPROACH TO
`STAND-ALONE DONGLE, WHICH WAS THE EARLIER HARDWARE APPROACH TO
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`PROTECTING SOFTWARE -- YOU KNOW, TO LOCKING SOFTWARE TO A
`PROTECTING SOFTWARE -— YOU KNOW, TO LOCKING SOFTWARE TO A
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`PARTICULAR COMPUTER.
`PARTICULAR COMPUTER.
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`THAT WAS THE INEXPENSIVE APPROACH THAT COMPANIES
`THAT WAS THE INEXPENSIVE APPROACH THAT COMPANIES
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`LIKE AUTODESK HAD IMPLEMENTED.
`LIKE AUTODESK HAD IMPLEMENTED.
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`DID YOU HAVE ANY OTHER QUESTIONS ABOUT THE
`DID YOU HAVE ANY OTHER QUESTIONS ABOUT THE
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`BACKGROUND OF THE TECHNOLOGY?
`BACKGROUND OF THE TECHNOLOGY?
`
`DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC (510) 451-2930
`DIANE E. SKILLMAN, OFFICIAL COURT REPORTER, USDC (510) 451—2930
`A1869
`A1869
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`