A P P E A R A N C E S:
FOR THE PLAINTIFF: K&L GATES, LLP
ACER BY: TIMOTHY WALKER
HAROLD DAVIS
FOUR EMBARCADERO CENTER
SUITE 1200
SAN FRANCISCO, CA 94111
FOR THE DEFENDANT: FARELLA BRAUN & MARTEL, LLP
TPL, ALLIACENSE BY: JOHN COOPER
NAN JOESTEN
235 MONTGOMERY ST., 30TH FL
SAN FRANCISCO, CA 94104
(APPEARANCES CONTINUED ON THE NEXT PAGE)
OFFICIAL COURT REPORTER: SUMMER FISHER, CSR, CRR
FOR THE PLAINTIFF: COOLEY GODWARD KRONISH, LLP
HTC BY: KYLE CHEN
HEIDI KEEFE
3000 EL CAMINO REAL
5 PALO ALTO SQ, 4TH FL
PALO ALTO, CA 94306
FOR THE PLAINTIFF: BAKER & MCKINZIE, LLP
BARCO NV BY: DANIEL O'CONNOR
EDWARD RUNYAN
ONE PRUDENTIAL PLAZA
130 EAST RANDOLPH DR.
CHICAGO, IL 60601
FOR THE DEFENDANT: KIRBY NOONAN LANCE & HOGE, LLP
PATRIOT SCIENTIFIC BY: CHARLES HOGE
350 TENTH AVENUE
SUITE 1300
SAN DIEGO, CA 92101
SAN JOSE, CALIFORNIA MARCH 18, 2011
P R O C E E D I N G S
(WHEREUPON, COURT CONVENED AND THE
FOLLOWING PROCEEDINGS WERE HELD:)
THE COURT: AND THEN THE FINAL MATTER ON
THE 9:00 IS THE VARIOUS TPL CASES. ACER, HTC,
BARCO VERSUS TPL.
LET ME GET APPEARANCES, PLEASE.

MR. DAVIS: HAL DAVIS FOR ACER.
MR. WALKER: TIMOTHY WALKER FOR ACER.
MR. KEEFE: HEIDI KEEFE FOR HTC.
MR. CHEN: KYLE CHEN FOR HTC.
MR. COOPER: JOHN COOPER FOR TPL AND
ALLIACENSE.
MR. HOGE: CHARLIE HOGE FOR PATRIOT
SCIENTIFIC.
MR. JOESTEN: NAN JOESTEN FOR TPL
ALLIACENSE.
THE CLERK: I THINK WE HAVE A COURT CALL.
THE COURT: EXCUSE ME. I'M SORRY. WE DO
HAVE A TELEPHONIC APPEARANCE. CAN I GET IT,
PLEASE.
MR. O'CONNOR: GOOD MORNING, YOUR HONOR.
DAN O'CONNOR AND ED RUNYAN FOR BARCO.
THE COURT: THANK YOU VERY MUCH. SORRY.
COULD HEAR US FOR THE REASONS WE SET OUT.
THE COURT: ALL RIGHT. OKAY.
MR. O'CONNOR: FROM BARCO'S POINT OF
VIEW, I THINK THE FIRST TWO WEEKS OF MAY ARE WIDE
OPEN.
MS. KEEFE: SAME FOR HTC.
THE COURT: THE PLAINTIFFS ARE ALL HAPPY,
BUT I SEE MR. COOPER STANDING UP.
MR. COOPER: OUR CONCERNS ARE SET FORTH
IN OUR PAPERS. THAT IS, WE DON'T WANT TO BE
PREJUDICED BY BEING PRECLUDED FROM ASSERTING ANY
AMENDMENTS THAT ARISE OUT OF THE CERTIFICATE FROM
THE REEXAMINATION ON THE '749.
NOW TO REPEAT WHAT I'VE SAID IN THIS
COURTROOM SEVERAL TIMES, WE DIDN'T BRING THIS
ACTION, WE DIDN'T BRING THE REEXAMINATIONS, WE
DIDN'T BRING THE STAY.
THERE WAS A MOTION WE WERE IN THIS
COURTROOM SEVERAL YEARS AGO ARGUING ABOUT A STAY
AND NOW EVERYTHING, EVERYBODY WAS HAPPY TO DELAY
THINGS FOR THE VARIOUS REEXAMINATIONS AND THE STAY,
ET CETERA. AND NOW THAT WE COULD BE PREJUDICED BY
NOT BY BEING CUT OFF AND NOT BEING PERMITTED TO
ASSERT ANY AMENDMENTS THAT WOULD ARISE FROM THE
REEXAMINATION CERTIFICATE THAT WE DIDN'T SEEK, THEN
EVERYBODY IS ALL IN A HURRY AND THEY WANT TO BRING
THE CLAIMS CONSTRUCTION HEARING RIGHT AWAY.
WE HAVE PROPOSED A SOLUTION TO THIS, A
COMPROMISE SOLUTION, AND THAT IS EVERYBODY IN THIS
ROOM KNOWS THAT PROCEDURALLY WE CAN'T FILE A MOTION
TO AMEND UNTIL THE CERTIFICATE ISSUES. BUT WE ALSO
KNOW THAT THE CERTIFICATE AND THE NIRC ARE ALMOST
ALWAYS THE SAME.
AND WE WOULD PROPOSE THAT YOUR HONOR
ALLOW US WITH THE STIPULATION OF THE PARTIES TO
BRIEF OUR MOTION TO AMEND ON THE NIRC ON THE '749,
THE NOTICE OF INTENT TO ISSUE THE CERTIFICATE.
AND SO YOUR HONOR COULD ADDRESS THAT THEN
WE COULD HAVE THOSE ISSUES ADDRESSED AT THE TIME
THAT WE HAVE THE CLAIMS CONSTRUCTION WHETHER IT'S
IN MAY OR WHATEVER THE COURT CAN ACCOMMODATE US.
THE COURT: HOW WERE YOU GONNA GET THERE
PROCEDURALLY? WOULD YOU DO THAT AS PART OF THE
MOTION THAT'S HEARD APRIL 22ND OR HOW DO WE GET
THERE?
MR. COOPER: WE COULD PROBABLY DO THAT IF
WE BRIEFED IT ON THE NIRC, THAT'S RIGHT. NOT ON
THE CERTIFICATE THOUGH BECAUSE THE CERTIFICATE
PROBABLY WON'T ISSUE UNTIL ABOUT THE END OF MAY OR
THE BEGINNING OF JUNE BASED UPON THE PRACTICE OF
THE PTO.
THE COURT: OKAY. LET'S GET A RESPONSE
FROM PLAINTIFFS.
MR. WALKER: WELL, I THINK IT WOULD BE --
I THINK WE WOULD CONSIDER THAT SORT OF A
STIPULATION.
OUR REAL CONCERN IS WE'VE ALREADY BRIEFED
UP THE CLAIM CONSTRUCTION ISSUES. THE
REEXAMINATION CAN'T CHANGE THE OUTER SCOPE OF THE
CLAIMS. WE BROUGHT THESE ACTIONS BECAUSE WE DON'T
THINK WE INFRINGED THESE CLAIMS AND WE THINK WE
OUGHT TO JUST GO FORWARD, GET DONE WHAT WE CAN WITH
CLAIMS CONSTRUCTION.
IF THE RE EXAMS RAISE SOME MORE ISSUES, I
DON'T THINK THEY WILL BE BIG ISSUES. I DON'T THINK
THERE WOULD BE A LOT OF THEM BASED ON WHAT I'VE
SEEN ON THE '890.
I DON'T SEE MUCH THERE FOR ADDITIONAL
CLAIM CONSTRUCTION.
THE COURT: WELL, I HAVE A STAKE IN THIS
TOO. IF I GO AHEAD WITH AN EARLY CLAIM
CONSTRUCTION, THEN IT TURNS OUT THE PTO CHANGES
THINGS, THEN I'M GOING TO HAVE TO SEE YOU ALL AGAIN
FOR FURTHER CLAIMS CONSTRUCTION WHICH IS NOT
SOMETHING I'M HAPPY ABOUT.
BUT I THINK MY FEELING ABOUT THIS CASE AS
A HOLISTIC THING IS WE SHOULD GET THE CLAIMS
CONSTRUED. SO IF THERE'S A WAY TO DO WHAT
MR. COOPER IS TALKING ABOUT, THEN I THINK THERE
MIGHT BE A BASIS ON WHICH YOU CAN DO THAT.
MR. COOPER: I THINK I SHOULD CORRECT
SOMETHING I PREVIOUSLY SAID.
IF WE ARE GOING TO ARGUE THE MOTION TO
AMEND THE '749 ON APRIL 22ND, WE WOULD HAVE TO FILE
A BRIEF TODAY, AND WE CAN'T DO THIS.
THE COURT: WHAT IF I GIVE YOU SOME
RELIEF ON THE BRIEFING SCHEDULE?
MS. JOESTEN: WE COULD DO THAT,
YOUR HONOR.
THE COURT: HOW SOON COULD YOU FILE A
BRIEF ON IT?
MS. JOESTEN: PROBABLY BY NEXT FRIDAY.
THE COURT: SO YOU JUST -- CUT THE
BRIEFING SCHEDULE DOWN A WEEK?
MR. WALKER: THAT'S FINE.
THE COURT: I'M OKAY WITH THAT.
SO I WILL LEAVE THOSE MOTIONS ON FOR
APRIL 22ND.
AND THEN LET'S TALK ABOUT DOING THE
MARKMAN. I HAVE ANOTHER MARKMAN MAY 16TH

CERTIFICATE OF REPORTER

I, THE UNDERSIGNED OFFICIAL COURT
REPORTER OF THE UNITED STATES DISTRICT COURT FOR
THE NORTHERN DISTRICT OF CALIFORNIA, 280 SOUTH
FIRST STREET, SAN JOSE, CALIFORNIA, DO HEREBY
CERTIFY:
THAT THE FOREGOING TRANSCRIPT,
CERTIFICATE INCLUSIVE, CONSTITUTES A TRUE, FULL AND
CORRECT TRANSCRIPT OF MY SHORTHAND NOTES TAKEN AS
SUCH OFFICIAL COURT REPORTER OF THE PROCEEDINGS
HEREINBEFORE ENTITLED AND REDUCED BY COMPUTER-AIDED
TRANSCRIPTION TO THE BEST OF MY ABILITY.
__________________________
SUMMER A. FISHER, CSR, CRR
CERTIFICATE NUMBER 13185