COMPLAINANTS TECHNOLOGY PROPERTIES LIMITED LLC, PHOENIX
DIGITAL SYSTEMS LLC AND PATRIOT SCIENTIFIC CORPORATION’S
PROPOSAL CONCERNING
MARKMAN HEARING
Pursuant to the Ground Rules and the Procedural Schedule, Complainants Technology
Properties Limited LLC, Phoenix Digital Solutions LLC and Patriot Scientific Corporation
(collectively “TPL”) respectfully submit that this matter requires no separate Markman
hearing or briefing, and that evidence and legal argument regarding claim construction issues be
disclosed and presented according to the deadlines already set forth in the Procedural Schedule.
Indeed, three separate district court judges have already issued claim construction orders relevant
to the claim terms of U.S. Patent No. 5,800,336 (“the ’336 patent”) at issue in this Investigation.
See attached Exhibits A, B and C. Thus, there is no need for the Administrative Law Judge to
spend additional time to perform claim construction, aside from the normal procedures for
handling claim construction in the context of the evidentiary hearing.
However, TPL suggests that following the technology tutorials, the parties be permitted
to present Markman
tutorials, to provide an overview of claim construction issues.
Exhibit A is Judge Ward's claim construction, B is Judge Ware's and C is Judge Grewals
