united states court of appeals for the federal circuit … · see fed. cir. r. 47.3. •...

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

NOTICE OF DOCKETING

18-1441 - Technology Properties Limited v. Samsung Electronic Co., Ltd.

Date of docketing: January 22, 2018

Appeal from: United States District Court for the Northern District of California case no. 3:12-cv-03877-VC

Appellant(s): Patriot Scientific Corporation, Phoenix Digital Solutions LLC, Technology Properties Limited LLC

Critical dates include:

• Date of docketing. See Fed. Cir. R. 12. • Entry of appearance. (Due within 14 days of the date of docketing.) See Fed. Cir. R. 47.3. • Certificate of interest. (Due within 14 days of the date of docketing.) See Fed. Cir. R. 47.4. • Docketing Statement. (Due within 14 days of the date of docketing or within 30 days if the United States or

its officer or agency is a party in the appeal.) [Only in cases where all parties are represented by counsel. See Fed. Cir. R. 33.1 and the mediation guidelines available at www.cafc.uscourts.gov.]

• Requests for extensions of time. See Fed. Cir. R. 26 and 27. N.B. Delayed requests are not favored by the court.

• Briefs. See Fed. Cir. R. 31. N.B. You will not receive a separate briefing schedule from the Clerk's Office. However, in a case involving an appellant, a cross-appellant, and an appellee, a special briefing schedule is used. The appellant's opening brief is due within 60 days of the date of docketing. The cross-appellant's opening brief is due within 40 days of filing of the appellant's opening brief. The appellee's brief is due within 40 days of filing of the cross-appellant's brief. The appellant's response/reply brief is due within 40 days of filing of the appellee's brief. The cross-appellant's reply brief is due within 14 days of filing of the appellant's response/reply brief. The joint appendix is due within 10 days of filing of the cross-appellant's reply brief.

• Settlement discussions. See Fed. Cir. R. 33. • ORAL ARGUMENT SCHEDULE CONFLICTS: Counsel should advise the clerk in writing within 30 days

once briefing is completed of potential scheduling conflicts or as soon as they are known and should not wait until an actual conflict arises. Once scheduled, a case will not be postponed except on motion showing compelling reasons. See Practice Note following Fed. Cir. R. 34.

The official caption is reflected on the electronic docket under the listing of the parties and counsel. The Rules of Practice and required forms are available at www.cafc.uscourts.gov.

Peter R. Marksteiner Clerk of Court

cc: United States District Court for the Northern District of California Denise Marie De Mory Mark D. Fowler

Case: 18-1441 Document: 1-1 Page: 1 Filed: 01/22/2018 (1 of 64)

IMPORTANT: Attach copy of opinion or order appealed from. Forward together with copy of notice of appeal and certified docket entries

UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT

Appeal Information Sheet

United States District Court for the Northern District of California TECHNOLOGY PROPERTIES LIMITED LLC, et al. v. SAMSUNG ELECTRONIC CO., LTD., et al. PLAINTIFF(S) DEFENDANT(S) (List all parties. Use asterisk to indicate dismissed or withdrawn parties. Use separate sheet if needed. Explain any discrepancy with caption used on judgment, order or opinion.) Type of case: patent Docket No. CV-12-3877 VC Date of Judgment/Order: December 13, 2017 Cross or related appeal? Y Date of Notice of Appeal: January 5, 2018 Appellant is: ( X ) Plaintiff ( ) Defendant ( ) Other (explain) DOCKET FEE STATUS: (X ) Paid ( ) Not Paid Billed On: U.S. Appeal? Yes ( ) No ( ) In forma pauperis? ( ) Granted ( ) Denied ( ) Revoked ( ) Pending( X ) Never requested COUNSEL (List name, firm, address and telephone of lead counsel for each party. Indicate party represented.): SEE DOCKET SHEET COURT REPORTER: (Name and telephone) SEE DOCKET SHEET


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Notice of Appeal CASE NO. 3:12-CV-03865; -03876; -03877; -03880; -03881 VC

Henry Bunsow (SBN 60707) [email protected] Denise De Mory (SBN 168076) [email protected] Aaron Hand (SBN 245755) [email protected] Lauren Robinson (SBN 255028) [email protected] BUNSOW DE MORY LLP 701 El Camino Real Redwood City, CA 94063 Telephone: (650) 351-7248 Facsimile: (415) 426-4744 Attorneys for Plaintiffs TECHNOLOGY PROPERTIES LIMITED LLC, PHOENIX DIGITAL SOLUTIONS LLC, PATRIOT SCIENTIFIC CORPORATION.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

TECHNOLOGY PROPERTIES LIMITED LLC, PHOENIX DIGITAL SOLUTIONS LLC, PATRIOT SCIENTIFIC CORPORATION,

Plaintiff,

v. HUAWEI TECHNOLOGIES CO., LTD AND HUAWEI NORTH AMERICA.,

Defendants.

Case No. 3:12-cv-03865-VC PLAINTIFFS’ NOTICE OF APPEAL

TECHNOLOGY PROPERTIES LIMITED LLC, et al.,

Plaintiff,

v. ZTE CORPORATION and ZTE (USA) INC.,

Defendants.

Case No. 3:12-cv-03876-VC

I hereby certify that the annexed instrument is a true and correct copy

of the original on file in my office.

ATTEST: SUSAN Y. SOONG Clerk, U.S. District Court Northern District of California

by: Deputy Clerk Date:

1-17-18


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Notice of Appeal CASE NO. 3:12-CV-03865; -03876; -03877; -03880; -03881 VC


Plaintiff,

v. SAMSUNG ELECTRONICS CO., LTD. And SAMSUNG ELECTRONICS AMERICA, INC.,

Defendants.



Plaintiff,

v. LG ELECTRONICS, INC. and LG ELECTRONICS U.S.A., INC.,

Defendants.



Plaintiff,

v. NINTENDO CO., LTD. and NINTENDO OF AMERICA, INC.,

Defendants.



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Notice of Appeal -1- CASE NO. 3:12-CV-03865; -03876; -03877; -03880; -03881 VC

Notice is hereby given that Plaintiffs Technology Properties Limited LLC, Phoenix Digital

Solutions LLC, and Patriot Scientific Corporation (“Plaintiffs”), in the above-captioned cases,

hereby appeal to the United States Court of Appeals for the Federal Circuit from and including all

opinions, orders, and rulings decided adversely to Plaintiffs concerning the December 13, 2017

Order Granting Motion for Summary Judgment and entering Judgment in favor of Defendants,

and from all related decisions, orders, and rulings and all underlying decisions, orders, and rulings

intertwined with, related to, or that produced said opinions, orders, and rulings.

Dated: January 5, 2018 Respectfully submitted, BUNSOW DE MORY LLP By: /s/ Denise M. De Mory

Denise M. De Mory Henry Bunsow (SBN 60707) [email protected] Denise De Mory (SBN 168076) [email protected] Aaron Hand (SBN 245755) [email protected] Lauren Robinson (SBN 255028) [email protected] BUNSOW DE MORY LLP 701 El Camino Real Redwood City, CA 94063 Telephone: (650) 351-7248 Facsimile: (415) 426-4744 Attorneys for Plaintiffs TECHNOLOGY PROPERTIES LIMITED LLC, PHOENIX DIGITAL SOLUTIONS LLC, PATRIOT SCIENTIFIC CORPORATION.


U.S. District CourtCalifornia Northern District (San Francisco)

CIVIL DOCKET FOR CASE #: 3:12-cv-03877-VCInternal Use Only

ADRMOP,AO279,APPEAL,CLOSED,PROTO,REFDIS,RELATE

Technology Properties Limited LLC et al v. Samsung Electronic Co., LTD et alAssigned to: Judge Vince ChhabriaReferred to: Magistrate Judge Paul Singh Grewal Magistrate Judge Nathanael M. Cousins (Settlement)

Cause: 35:145 Patent Infringement

Relate Case Cases: 3:12-cv-03881-VC3:12-cv-03880-VC5:08-cv-00882-PSG3:12-cv-03876-VC3:12-cv-03865-VC3:12-cv-03870-VC3:12-cv-03879-VC

Case in other court: Federal Circuit, 16-01309

Date Filed: 07/24/2012Date Terminated: 12/13/2017Jury Demand: BothNature of Suit: 830 PatentJurisdiction: Federal Question

Plaintiff Technology Properties Limited LLC

represented by Charles T. Hoge Kirby Noonan Lance & Hoge LLP

350 Tenth Avenue Suite 1300 San Diego, CA 92101 619-231-8666 Fax: 619-231-9593 Email: [email protected] LEAD ATTORNEY

Page 1 of 51CAND-ECF

1/17/2018https://ecf.cand.circ9.dcn/cgi-bin/DktRpt.pl?500673749488647-...





1-17-18


ATTORNEY TO BE NOTICED

Henry C. Bunsow Bunsow De Mory LLP 701 El Camino Real Redwood City, CA 94063 650.351.7248 Fax: 415-426-4744 Email: [email protected] LEAD ATTORNEYATTORNEY TO BE NOTICED

Michael William Stebbins Silicon Valley Law Group One North Market Street Suite 200 San Jose, CA 95113 408-573-5700 Fax: 408-573-5701 Email: [email protected] TERMINATED: 08/11/2017LEAD ATTORNEYATTORNEY TO BE NOTICED

Aaron Richard Hand Bunsow De Mory LLP 701 El Camino Real Redwood City, CA 94063 6503517248 Fax: 4154264744 Email: [email protected] ATTORNEY TO BE NOTICED

Denise M. De Mory Bunsow De Mory LLP 701 El Camino Real Redwood City, CA 94063 (650) 351-7248




Fax: 4154264747 Email: [email protected] ATTORNEY TO BE NOTICED

James Carl Otteson Arnold & Porter Kaye Scholer LLP 1801 Page Mill Road Suite 110 Palo Alto, CA 94304 650-798-2970 Fax: 415-356-3099 Email: [email protected] TERMINATED: 04/16/2015

Lauren Nicole Robinson Bunsow De Mory LLP 701 El Camino Real Redwood City, CA 94063 United Sta (650) 351-7248 Fax: 650-617-4090 Email: [email protected] ATTORNEY TO BE NOTICED

Michelle Gail Breit Neustal Law Offices, LTD 2534 South University Drive, Suite 4 Fargo, ND 58103 (701) 281-8822 Fax: (701) 237-0544 Email: [email protected] TERMINATED: 04/16/2015

Vinh Huy Pham Arnold & Porter Kaye Scholer LLP




3000 El Camino Real Five Palo Alto Square Suite 500 Palo Alto, CA 94306-3807 650-319-4500 Fax: 650-319-4700 Email: [email protected] TERMINATED: 04/16/2015

William L. Bretschneider Silicon Valley Law Group 50 W. San Fernando Street Suite 750 San Jose, CA 95113 408-573-5700 Fax: 408-573-5701 Email: [email protected] TERMINATED: 08/11/2017ATTORNEY TO BE NOTICED

Plaintiff Phoenix Digital Solutions LLC

represented by Brent Nelson Bumgardner Nelson Bumgardner, PC Suite 300 3131 W 7th St Ft Worth, TX 76107 817-377-9111 Email: [email protected] TERMINATED: 08/11/2017LEAD ATTORNEYATTORNEY TO BE NOTICED

Charles T. Hoge (See above for address) LEAD ATTORNEYATTORNEY TO BE NOTICED

Henry C. Bunsow




(See above for address) LEAD ATTORNEYATTORNEY TO BE NOTICED

Aaron Richard Hand (See above for address) ATTORNEY TO BE NOTICED

Barry J Bumgardner Nelson Bumgardner, PC 3131 W 7th St Suite 300 Ft Worth, Tx 76107 817-377-9111 Email: [email protected] TERMINATED: 08/11/2017PRO HAC VICEATTORNEY TO BE NOTICED

Christopher D. Banys Banys, P.C. 1030 DUANE AVENUE SANTA CLARA, CA 95054 650-308-8505 Fax: 650-322-9103 Email: [email protected] TERMINATED: 06/05/2017

Christopher J Judge Banys PC 1032 Elwell Ct. No. 100 Palo Alto, CA 94303 650-308-8505 TERMINATED: 06/05/2017

Denise M. De Mory (See above for address)





Edward Reese Nelson , III Nelson Bumgardner, P.C. 3131 West 7th Street Suite 300 Fort Worth, TX 76107 United Sta 817-377-9111 Fax: 817-377-3485 Email: [email protected] TERMINATED: 08/11/2017PRO HAC VICEATTORNEY TO BE NOTICED

Eric Miller Albritton Albritton Law Firm P.O. Box 2649 Longview, Tx 75606 903-757-8449 Fax: 903-758-7397 Email: [email protected] TERMINATED: 08/11/2017ATTORNEY TO BE NOTICED

James Carl Otteson (See above for address) TERMINATED: 04/16/2015

Jennifer Lu Gilbert Banys, P.C. 1030 DUANE AVENUE SANTA CLARA, CA 95054 650-308-8505 Fax: 650-322-9103 Email: [email protected] TERMINATED: 06/05/2017




John Paul Murphy Nelson Bumgardner, P.C. 3131 West 7th St. Suite 300 Fort Worth, TX 76107 817/377-9111 Fax: 817/377-3485 Email: [email protected] TERMINATED: 08/11/2017PRO HAC VICEATTORNEY TO BE NOTICED

Lauren Nicole Robinson (See above for address) ATTORNEY TO BE NOTICED

Michelle Gail Breit (See above for address) TERMINATED: 04/16/2015

Richard Cheng-hong Lin Banys, P.C. 1030 DUANE AVENUE SANTA CLARA, CA 95054 650-308-8505 Fax: 650-322-9103 Email: [email protected] TERMINATED: 06/05/2017

Stacy Greskowiak McNulty Nelson Bumgardner, P.C. 3131 West 7th Street Suite 300 Fort Worth, TX 76107 United Sta 817-377-9111 Fax: 817-377-3485 Email: [email protected]




TERMINATED: 12/02/2015PRO HAC VICEATTORNEY TO BE NOTICED

Thomas Christopher Cecil Nelson Bumgardner, P.C. 3131 West 7th Street Suite 300 Fort Worth, TX 76107 United Sta 817-377-9111 Fax: 817-377-3485 Email: [email protected] PRO HAC VICEATTORNEY TO BE NOTICED

Vinh Huy Pham (See above for address) TERMINATED: 04/16/2015

Plaintiff Patriot Scientific Corporation

represented by Charles T. Hoge (See above for address) LEAD ATTORNEYATTORNEY TO BE NOTICED

Henry C. Bunsow (See above for address) LEAD ATTORNEYATTORNEY TO BE NOTICED

Aaron Richard Hand (See above for address) ATTORNEY TO BE NOTICED

Denise M. De Mory (See above for address) ATTORNEY TO BE NOTICED




James Carl Otteson (See above for address) TERMINATED: 04/16/2015

Lauren Nicole Robinson (See above for address) ATTORNEY TO BE NOTICED

Michelle Gail Breit (See above for address) TERMINATED: 04/16/2015

V.Defendant Samsung Electronic Co., LTD

represented by Aaron Wainscoat DLA Piper LLP (US) 2000 University Avenue East Palo Alto, CA 94303 650-833-2000 Fax: 650-833-2001 Email: [email protected] ATTORNEY TO BE NOTICED

Andrew P. Valentine DLA Piper LLP (US) 2000 University Avenue East Palo Alto, CA 94303-2214 650-833-2000 Fax: 650-833-2001 Email: [email protected]





Carrie Lynne Williamson DLA Piper US LLP 2000 University Avenue East Palo Alto, CA 94303-2248 (650) 833-2044 Fax: (650) 833-2001 Email: [email protected] ATTORNEY TO BE NOTICED

Erik R. Fuehrer DLA Piper LLP (US) 2000 University Avenue East Palo Alto, CA 94303-2214 650-833-2045 Fax: 650-833-2001 Email: [email protected]


James M. Heintz DLA PIPER LLP US 11911 Freedom Drive Suite 300 Reston, VA 20190 703-773-4148 Fax: 703-773-5200 Email: [email protected] PRO HAC VICEATTORNEY TO BE NOTICED

Mark Fowler DLA Piper LLP (US) 2000 University Avenue East Palo Alto, CA 94303 650-833-2048 Fax: 650-833-2001 Email:




[email protected] ATTORNEY TO BE NOTICED

Defendant Samsung Electronics America, Inc.

represented by Aaron Wainscoat (See above for address) ATTORNEY TO BE NOTICED

Andrew P. Valentine (See above for address) ATTORNEY TO BE NOTICED

Carrie Lynne Williamson (See above for address) ATTORNEY TO BE NOTICED

Erik R. Fuehrer (See above for address) ATTORNEY TO BE NOTICED

James M. Heintz (See above for address) PRO HAC VICEATTORNEY TO BE NOTICED

Mark Fowler (See above for address) ATTORNEY TO BE NOTICED

Interested Party Kyocera International, Inc.

represented by David C. Doyle Morrison & Foerster LLP 12531 High Bluff Drive, Ste. 100 San Diego, CA 92130 (858) 720-5100 Email: [email protected] LEAD ATTORNEYATTORNEY TO BE NOTICED




Miscellaneous Qualcomm Inc. represented by Lam Khanh Nguyen

Cooley LLP 3175 Hanover Street Palo Alto, CA 94304-1130 650-843-5000 Fax: 650-849-7400 Email: [email protected] ATTORNEY TO BE NOTICED

Date Filed # Docket Text

07/24/2012 1 COMPLAINT for Patent Infringement; Demand for Jury Trial against Samsung Electronic Co., LTD, Samsung Electronics America, Inc. (Filing fee $ 350.00, receipt number 54611012274). Filed by Technology Properties Limited LLC, Patriot Scientific Corporation, Phoenix Digital Solutions LLC. (Attachments: # 1 Civil Cover Sheet) (gba, COURT STAFF) (Filed on 7/24/2012) (Additional attachment(s) added on 7/31/2012: # 2 Exhibit A) (gba, COURT STAFF). (Additional attachment(s) added on 7/31/2012: # 3 Exhibits B-C) (gba, COURT STAFF). (Entered: 07/31/2012)

07/24/2012 2 Summons Issued as to Samsung Electronic Co., LTD, Samsung Electronics America, Inc.. (gba, COURT STAFF) (Filed on 7/24/2012) (Entered: 07/31/2012)

07/24/2012 3 ADR SCHEDULING ORDER: Case Management Statement due by 10/19/2012. Case Management Conference set for 10/26/2012 01:30 PM in Courtroom G, 15th Floor, San Francisco. (gba, COURT STAFF) (Filed on 7/24/2012) (Entered: 07/31/2012)




07/31/2012 4 REPORT on the filing or determination of an action regarding Patent Infringement (cc: form mailed to register). (gba, COURT STAFF) (Filed on 7/31/2012) (Entered: 07/31/2012)

09/11/2012 5 CLERKS NOTICE To Plaintiff re: Consent or Declination. Form due by 9/25/12. (klhS, COURT STAFF) (Filed on 9/11/2012) (Entered: 09/11/2012)

09/17/2012 6 CLERKS NOTICE Case Management Statement due by 10/19/2012. Case Management Conference specially re-set for 10/30/2012 01:30 PM in Courtroom G, 15th Floor, San Francisco. This is a text only entry. There is no document associated with this Notice (klhS, COURT STAFF) (Filed on 9/17/2012) (Entered: 09/17/2012)

09/20/2012 7 NOTICE of Appearance by Aaron Wainscoat (Wainscoat, Aaron) (Filed on 9/20/2012) (Entered: 09/20/2012)

09/20/2012 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Samsung Electronic Co., LTD, Samsung Electronics America, Inc... (Wainscoat, Aaron) (Filed on 9/20/2012) (Entered: 09/20/2012)

09/20/2012 9 Joint MOTION to Stay Case filed by Samsung Electronic Co., LTD, Samsung Electronics America, Inc.. Motion Hearing set for 10/29/2012 09:30 AM in Courtroom G, 15th Floor, San Francisco before Magistrate Judge Joseph C. Spero. Responses due by 10/4/2012. Replies due by 10/11/2012. (Attachments: # 1 Declaration, # 2Exhibit A, # 3 Exhibit B, # 4 Proposed Order)(Wainscoat, Aaron) (Filed on 9/20/2012) (Entered: 09/20/2012)

09/21/2012 10 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (klhS, COURT STAFF) (Filed




on 9/21/2012) (Entered: 09/21/2012)

09/24/2012 11 ORDER, Case reassigned to Hon. Lucy H. Koh. Magistrate Judge Joseph C. Spero no longer assigned to the case.. Signed by Executive Committee on 9/24/12. (ha, COURT STAFF) (Filed on 9/24/2012) (Entered: 09/24/2012)

09/27/2012 12 ORDER by Judge Lucy H. Koh granting 9 Motion to Stay (lhklc2, COURT STAFF) (Filed on 9/27/2012) (Entered: 09/27/2012)

11/19/2012 13 ACKNOWLEDGEMENT OF SERVICE Executed for Defendants Samsung Electronics Co., Ltd and Samsung Electronics America, Inc.Acknowledgement filed by Technology Properties Limited LLC. (Breit, Michelle) (Filed on 11/19/2012) (Entered: 11/19/2012)

09/24/2014 14 ORDER OF REFERRAL FOR PURPOSES OF DETERMINING RELATIONSHIP. Signed by Judge JEFFREY S. WHITE on 9/24/14. (jjoS, COURT STAFF) (Filed on 9/24/2014) (Entered: 09/26/2014)

10/15/2014 15 ORDER RELATING CASES Signed by Judge Paul S. Grewal on October 15, 2014. (psglc1S, COURT STAFF) (Filed on 10/15/2014) (Entered: 10/15/2014)

10/17/2014 16 ORDER REASSIGNING AND RELATING CASES, AND ORDER REFERRING CASE to Magistrate Judge Paul Grewal for Report and Recommendation/PRETRIAL MANAGEMENT. Signed by Judge Vince Chhabria on 10/17/2014. (knm, COURT STAFF) (Filed on 10/17/2014) (Entered: 10/23/2014)

10/23/2014 Case reassigned to Judge Hon. Vince Chhabria. Judge Hon. Lucy H. Koh no longer assigned to the case. (sv, COURT STAFF) (Filed on 10/23/2014)




(Entered: 10/23/2014)

10/24/2014 CASE REFERRED to Magistrate Judge Paul Singh Grewal for Discovery (ahm, COURT STAFF) (Filed on 10/24/2014) (Entered: 10/24/2014)

10/24/2014 17 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT: Case Management Conference set for 11/18/2014 at 10:00 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul S. Grewal. Case Management Statement due by 11/11/2014. ***This is a text only docket entry, there is no document associated with this notice.*** (ofr, COURT STAFF) (Filed on 10/24/2014) (Entered: 10/24/2014)

11/11/2014 18 NOTICE of Appearance by Vinh Huy Pham on Behalf of Phoenix Digital Solutions and Technology Properties Limited LLC (Pham, Vinh) (Filed on 11/11/2014) (Entered: 11/11/2014)

11/11/2014 19 Certificate of Interested Entities by Patriot Scientific Corporation, Phoenix Digital Solutions LLC, Technology Properties Limited LLC (Pham, Vinh) (Filed on 11/11/2014) (Entered: 11/11/2014)

11/11/2014 20 JOINT CASE MANAGEMENT STATEMENT filed by Patriot Scientific Corporation, Phoenix Digital Solutions LLC, Technology Properties Limited LLC. (Otteson, James) (Filed on 11/11/2014) (Entered: 11/11/2014)

11/17/2014 21 CLERK'S NOTICE RESETTING TIME ON NOVEMBER 18, 2014 CASE MANAGEMENT CONFERENCE: 11/18/2014 10:00 AM Case Management Conference is reset to 1:00 PM (SPECIAL SET) in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul S. Grewal. ***This is a text only docket entry, there is no




document associated with this notice.*** (ofr, COURT STAFF) (Filed on 11/17/2014) (Entered: 11/17/2014)

11/18/2014 22 Minute Entry for proceedings held before Magistrate Judge Paul Singh Grewal: Case Management Conference held on 11/18/2014. The court denies Defendant LG's Motion to Stay. The court will proceed to issue a Case Management Scheduling Order. (Date Filed: 11/18/2014) FTR Time (FTR: (1:01 to 1:28) Plaintiff Attorney(s) present: Jim Otteson. Also present: Charles Hoge, telephonically. Defendant Attorney(s): Mark Fowler, Mike Bettinger, William Abrams, Bill Frankel, Joshua Masur, Shelley Mack, Matthew Brigham & David Eiseman. This is a text only Minute Entry (ofr, COURT STAFF) (Entered: 11/18/2014)

11/20/2014 23 CASE MANAGEMENT ORDER Signed by Judge Paul S. Grewal on November 20, 2014. (psglc1S, COURT STAFF) (Filed on 11/20/2014) (Entered: 11/20/2014)

11/20/2014 Set/Reset Hearing: Tutorial Hearing set for 11/4/2015 at 10:00 AM in Courtroom 5, 4th Floor, San Jose. Claims Construction and Summary Judgment Hearing set for 11/12/2015 at 10:00 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. (ofr, COURT STAFF) (Filed on 11/20/2014) (Entered: 11/21/2014)

12/18/2014 24 ANSWER to 1 Complaint with Defendants Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc.'s for Patent InfringementbySamsung Electronic Co., LTD, Samsung Electronics America, Inc.. (Wainscoat, Aaron) (Filed on 12/18/2014) Modified on 12/19/2014




(aaaS, COURT STAFF). (Entered: 12/18/2014)

12/18/2014 25 Certificate of Interested Entities by Samsung Electronic Co., LTD, Samsung Electronics America, Inc. As to Samsung Electronic Co., Ltd.(Wainscoat, Aaron) (Filed on 12/18/2014) (Entered: 12/18/2014)

12/18/2014 26 Certificate of Interested Entities by Samsung Electronic Co., LTD, Samsung Electronics America, Inc. As to Samsung Electronics America, Inc. (Wainscoat, Aaron) (Filed on 12/18/2014) (Entered: 12/18/2014)

01/14/2015 27 Transcript of Proceedings of the official sound recording held on 11/18/14, before Magistrate Judge Paul S. Grewal. FTR/Transcriber Echo Reporting, Inc., Telephone number (858) 453-7590.;[email protected]. Tape Number: FTR 1:01 - 1:28. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re (42 in 3:12-cv-03880-VC) Transcript Order ) Redaction Request due 2/4/2015. Redacted Transcript Deadline set for 2/17/2015. Release of Transcript Restriction set for 4/14/2015. (tgb, COURT STAFF) (Filed on 1/14/2015) (Entered: 01/14/2015)

02/11/2015 28 ORDER GRANTING-AS-MODIFIED UNOPPOSED MOTION TO MODIFY CASE SCHEDULE by Judge Paul S. Grewal granting-as-modified 45 , 46 in Case No. 3:12-cv-03880-




VC. (psglc1S, COURT STAFF) (Filed on 2/11/2015) (Entered: 02/11/2015)

02/11/2015 Set/Reset Hearing: 11/4/2015 Tutorial reset to 2/19/2016 at 10:00 AM in Courtroom 5, 4th Floor, San Jose. 11/12/2015 Claims Construction and Summary Judgment Hearing reset to 2/26/2016 at 10:00 AM. (ofr, COURT STAFF) (Filed on 2/11/2015) (Entered: 02/12/2015)

04/01/2015 29 ERRONEOUSLY E-FILED, DISREGARDNOTICE of Change In Counsel by Thomas T. Carmack (Carmack, Thomas) (Filed on 4/1/2015) Modified on 4/1/2015 (farS, COURT STAFF). (Entered: 04/01/2015)

04/01/2015 30 NOTICE of Change In Counsel by James Carl Otteson (Otteson, James) (Filed on 4/1/2015) (Entered: 04/01/2015)

04/10/2015 31 MOTION for Judgment on the Pleadings filed by Samsung Electronic Co., LTD, Samsung Electronics America, Inc.. Motion Hearing set for 5/19/2015 10:00 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. Responses due by 4/24/2015. Replies due by 5/1/2015. (Attachments: # 1 Proposed Order Report and Recommendation Granting Defendants' Motion for Judgment on the Pleadings)(Wainscoat, Aaron) (Filed on 4/10/2015) (Entered: 04/10/2015)

04/15/2015 32 NOTICE of Appearance by Christopher D. Banys on Behalf of Phoenix Digital Solutions LLC (Banys, Christopher) (Filed on 4/15/2015) (Entered: 04/15/2015)

04/15/2015 33 NOTICE of Appearance by Jennifer Lu Gilbert on Behalf of Phoenix Digital Solutions LLC (Gilbert, Jennifer) (Filed on 4/15/2015) (Entered: 04/15/2015)




04/15/2015 34 MOTION for leave to appear in Pro Hac Vice for Brent Nelson Bumgardner on Behalf of Phoenix Digital Solutions LLC ( Filing fee $ 305, receipt number 0971-9444674.) filed by Phoenix Digital Solutions LLC. (Attachments: # 1 Certificate of Good Standing)(Bumgardner, Brent) (Filed on 4/15/2015) (Entered: 04/15/2015)

04/15/2015 35 MOTION for leave to appear in Pro Hac Vice for Berry J. Bumgardner on Behalf of Phoenix Digital Solutions LLC ( Filing fee $ 305, receipt number 0971-9444864.) filed by Phoenix Digital Solutions LLC. (Attachments: # 1 Certificate of Good Standing)(Bumgardner, Barry) (Filed on 4/15/2015) (Entered: 04/15/2015)

04/15/2015 36 ORDER GRANTING MOTION FOR PRO HAC VICE by Magistrate Judge Paul Singh Grewal granting 34 . (psglc1S, COURT STAFF) (Filed on 4/15/2015) (Entered: 04/15/2015)


04/15/2015 38 MOTION for leave to appear in Pro Hac Vice for Edward R. Nelson III on Behalf of Phoenix Digital Solutions LLC ( Filing fee $ 305, receipt number 0971-9445142.) filed by Phoenix Digital Solutions LLC. (Attachments: # 1 Certificate of Good Standing)(Nelson, Edward) (Filed on 4/15/2015) (Entered: 04/15/2015)

04/15/2015 39 NOTICE of Change In Counsel by James Carl Otteson Notice of Change in Counsel For Plaintiff Phoenix Digital Solutions, LLC (Otteson, James) (Filed on 4/15/2015) (Entered: 04/15/2015)

04/15/2015 40 ORDER GRANTING MOTION FOR PRO




HAC VICE by Magistrate Judge Paul Singh Grewal granting 38 . (psglc1S, COURT STAFF) (Filed on 4/15/2015) (Entered: 04/15/2015)

04/15/2015 41 MOTION for leave to appear in Pro Hac Vice for Thomas Christopher Cecil on Behalf of Phoenix Digital Solutions LLC ( Filing fee $ 305, receipt number 0971-9445353.) filed by Phoenix Digital Solutions LLC. (Attachments: # 1 Certificate of Good Standing)(Cecil, Thomas) (Filed on 4/15/2015) (Entered: 04/15/2015)


04/16/2015 43 NOTICE of Appearance by Michael William Stebbins (Stebbins, Michael) (Filed on 4/16/2015) (Entered: 04/16/2015)

04/16/2015 44 NOTICE of Change In Counsel by James Carl Otteson Notice of Change in Counsel For Plaintiff Technology Properties Limited, LLC (Otteson, James) (Filed on 4/16/2015) (Entered: 04/16/2015)

04/17/2015 45 NOTICE of Appearance by William L. Bretschneider (Bretschneider, William) (Filed on 4/17/2015) (Entered: 04/17/2015)

04/22/2015 46 ORDER GRANTING DEFENDANTS' UNOPPOSED MOTION FOR TRANSMISSION OF THE ITC RECORD TO THE DISTRICT COURT by Judge Paul S. Grewal; granting (48) Motion in case 3:12-cv-03880-VC. (psglc1S, COURT STAFF) (Filed on 4/22/2015) (Entered: 04/22/2015)

04/24/2015 47 RESPONSE (re 31 MOTION for Judgment on the Pleadings ) Plaintiffs' Opposition to Defendants' Motion for Judgment on the Pleadings filed




byPhoenix Digital Solutions LLC. (Attachments: # 1 Declaration Declaration of Thomas C. Cecil, # 2Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5Proposed Order)(Bumgardner, Barry) (Filed on 4/24/2015) (Entered: 04/24/2015)

05/01/2015 48 REPLY (re 31 MOTION for Judgment on the Pleadings ) filed bySamsung Electronic Co., LTD, Samsung Electronics America, Inc.. (Wainscoat, Aaron) (Filed on 5/1/2015) (Entered: 05/01/2015)

05/04/2015 49 NOTICE of Appearance by Richard Cheng-hong Lin On Behalf of Phoenix Digital Solutions LLC(Lin, Richard) (Filed on 5/4/2015) (Entered: 05/04/2015)

05/04/2015 50 NOTICE of Appearance by Christopher J Judge On Behalf of Phoenix Digital Solutions LLC (Judge, Christopher) (Filed on 5/4/2015) (Entered: 05/04/2015)

05/05/2015 51 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-9497033.) filed by Samsung Electronic Co., LTD, Samsung Electronics America, Inc.. (Heintz, James) (Filed on 5/5/2015) (Entered: 05/05/2015)

05/19/2015 52 MOTION for leave to appear in Pro Hac Vice on Behalf of Phoenix Digital Solutions, LLC ( Filing fee $ 305, receipt number 0971-9531077.) filed by Phoenix Digital Solutions LLC. (Attachments: # 1Certificate of Good Standing)(Greskowiak McNulty, Stacy) (Filed on 5/19/2015) (Entered: 05/19/2015)

05/19/2015 53 Minute Entry for proceedings held before Magistrate Judge Paul Singh Grewal: Motion Hearing held on 5/19/2015 re Defendants' Motion for Judgment on the Pleadings (ECF Nos. 60 in CV12-03863, 46 in CV12-03865, 51 in




CV12-03876, 31 in CV12-03877 and 54 in CV12-03880).

The court takes matters under submission; written order to be issued.

Court Reporter Name: Summer Fisher. Time in Court: 10:26 to 10:46. Plaintiff Attorney(s) present: Christopher Banys, Barry Bumgardner, Charles Hoge, Thomas Cecil and William Bretschneider. Defendant Attorney(s) present: Hersh Mehta, Wasif Qureshi, Michael Flynn-O'Brien and Aaron Wainscoat. This is a text only Minute Entry. (ofr, COURT STAFF) (Date Filed: 5/19/2015) (Entered: 05/19/2015)

05/19/2015 54 ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY JAMES HEINTZ PRO HAC VICE, granting 51 . Signed by Judge Paul S. Grewal on 5/19/2015. (ofr, COURT STAFF) (Filed on 5/19/2015) (Entered: 05/19/2015)

05/19/2015 55 ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY STACIE GRESKOWIAK MCNULTY PRO HAC VICE, granting 52 . Signed by Judge Paul S. Grewal on 5/19/2015. (ofr, COURT STAFF) (Filed on 5/19/2015) (Entered: 05/19/2015)

06/09/2015 56 Letter from Plaintiffs Regarding Discovery . (Attachments: # 1 Exhibit A)(Banys, Christopher) (Filed on 6/9/2015) (Entered: 06/09/2015)

06/09/2015 57 Administrative Motion to File Under Seal Portions of Samsung's Motion to Strike Infringement Contentions filed by Samsung Electronic Co., LTD, Samsung Electronics America, Inc.. (Attachments: # 1 Declaration of Aaron Wainscoat, # 2 Proposed Order, # 3 Exhibit Redacted version of Exhibit 3, #




4 Exhibit Unredacted Version of Exhibit 3, # 5Exhibit Redacted Version of Exhibit 4, # 6 Exhibit Unredacted Version of Exhibit 4, # 7 Exhibit Redacted Version of Exhibit 5, part 1, # 8 Exhibit Unredacted Version of Exhibit 5, part 1, # 9 Exhibit Redacted Version of Exhibit 5, part 2, # 10 Exhibit Unredacted Version of Exhibit 5, part 2, # 11Redacted version of Samsung Motion to Strike Infringement Contentions, # 12 Unredacted version of Samsung Motion to Strike Infringement Contentions)(Wainscoat, Aaron) (Filed on 6/9/2015) (Entered: 06/09/2015)

06/09/2015 58 MOTION to Strike Infringement Contentions or Alternatively to Compel Supplemental Infringement Contentions filed by Samsung Electronic Co., LTD, Samsung Electronics America, Inc.. Motion Hearing set for 7/21/2015 10:00 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. Responses due by 6/23/2015. Replies due by 6/30/2015. (Attachments: # 1 Declaration of Aaron Wainscoat, # 2 Exhibit 1 to Wainscoat Declaration, # 3 Exhibit 2 to Wainscoat Declaration, # 4 Exhibit 3 to Wainscoat Declaration, # 5 Exhibit 4 to Wainscoat Declaration, # 6 Exhibit 5, Part 1, to Wainscoat Declaration, # 7 Exhibit 5, Part 2, to Wainscoat Declaration, # 8 Exhibit 6 to Wainscoat Declaration, # 9 Exhibit 7 to Wainscoat Declaration, # 10 Exhibit 8 to Wainscoat Declaration, # 11Exhibit 9 to Wainscoat Declaration, # 12 Exhibit 10 to Wainscoat Declaration, # 13 Exhibit 11 to Wainscoat Declaration, # 14 Proposed Order)(Wainscoat, Aaron) (Filed on 6/9/2015) (Entered: 06/09/2015)

06/09/2015 59 CERTIFICATE OF SERVICE by Samsung Electronic Co., LTD, Samsung Electronics America, Inc. re 58 MOTION to Strike Infringement Contentions or Alternatively to




Compel Supplemental Infringement Contentions, 57Administrative Motion to File Under Seal Portions of Samsung's Motion to Strike Infringement Contentions (Wainscoat, Aaron) (Filed on 6/9/2015) (Entered: 06/09/2015)

06/09/2015 60 CERTIFICATE OF SERVICE by Samsung Electronic Co., LTD, Samsung Electronics America, Inc. re 58 MOTION to Strike Infringement Contentions or Alternatively to Compel Supplemental Infringement Contentions, 57Administrative Motion to File Under Seal Portions of Samsung's Motion to Strike Infringement Contentions Corrected Certificate of Service(Wainscoat, Aaron) (Filed on 6/9/2015) (Entered: 06/09/2015)

06/10/2015 61 CLERK'S NOTICE RESETTING JULY 21, 2015 MOTION HEARING, resetting 58 MOTION to Strike Infringement Contentions or Alternatively to Compel Supplemental Infringement Contentions. 7/21/2015 Motion Hearing is reset to 8/11/2015 at 10:00 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ofr, COURT STAFF) (Filed on 6/10/2015) (Entered: 06/10/2015)

06/11/2015 62 MOTION to Compel PDS's Motion to Compel Discovery filed by Phoenix Digital Solutions LLC. Motion Hearing set for 8/11/2015 10:00 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. Responses due by 6/25/2015. Replies due by 7/2/2015. (Attachments: # 1 Declaration of Barry J. Bumgardner in Support of PDS's Motion to Compel Discovery, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, #




13 Exhibit 12, # 14 Exhibit 13, # 15 Proposed Order)(Bumgardner, Barry) (Filed on 6/11/2015) (Entered: 06/11/2015)

06/11/2015 63 MOTION to Shorten Time PDS's Motion for an Order Shortening Time for the Court to Hear PDS's Motion to Compel Discovery Pursuant to Civil Local Rule 6-3 filed by Phoenix Digital Solutions LLC. (Attachments: # 1 Declaration of Barry J. Bumgardner in Support of PDS's Motion for an Order Shortening Time for the Court to Hear PDS's Motion to Compel Discovery Pursuant to Civil Local Rule 6-3, # 2 Exhibit 1, # 3 Exhibit 2, # 4Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14Exhibit 13, # 15 Proposed Order)(Bumgardner, Barry) (Filed on 6/11/2015) (Entered: 06/11/2015)

06/11/2015 64 Letter from Defendants Samsung, Barnes & Noble, Huawei, ZTE, Novatel, LG and Nintendo Regarding Plaintiffs Discovery Letter. (Wainscoat, Aaron) (Filed on 6/11/2015) (Entered: 06/11/2015)

06/17/2015 65 ORDER DENYING REQUEST FOR USE OF LETTER BRIEFS FOR DISCOVERY. Signed by Judge Paul S. Grewal on June 17, 2015. (psglc1S, COURT STAFF) (Filed on 6/17/2015) (Entered: 06/17/2015)

06/18/2015 66 RESPONSE (re 58 MOTION to Strike Infringement Contentions or Alternatively to Compel Supplemental Infringement Contentions ) Plaintiffs' Response to Samsung Defendants' Motion to Strike Infringement Contentions or Alternatively to Compel Supplemental Infringement Contentionsfiled byPhoenix Digital Solutions LLC. (Attachments: # 1 Declaration of Barry J. Bumgardner in Support of Plaintiffs' Response to




Samsung Defendants' Motion to Strike Infringement Contentions or Alternatively to Compel Supplemental Infringement Contentions, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Proposed Order Denying Samsung Defendants' Motion to Strike Infringement Contentions or Alternatively to Compel Supplemental Infringement Contentions)(Bumgardner, Barry) (Filed on 6/18/2015) (Entered: 06/18/2015)

06/19/2015 67 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-9613239.) filed by Phoenix Digital Solutions LLC. (Attachments: # 1 Certificate/Proof of Service Certificate of Good Standing)(Albritton, Eric) (Filed on 6/19/2015) (Entered: 06/19/2015)


06/22/2015 69 ORDER GRANTING-IN-PART MOTION TO SHORTEN TIME by Magistrate Judge Paul Singh Grewal granting 63 . (psglc1S, COURT STAFF) (Filed on 6/22/2015) (Entered: 06/22/2015)

06/23/2015 70 Declaration of Aaron Wainscoat in Support of Stipulation Changing Time of the Hearing on Samsung's Motion to Strike (Civil L.R. 6-2) filed bySamsung Electronic Co., LTD, Samsung Electronics America, Inc.. (Attachments: # 1Proposed Order Stipulation and [Proposed] Order Changing Time of the Hearing on Samung's Motion to Strike (Civil L.R. 6-2))(Wainscoat, Aaron) (Filed on 6/23/2015) (Entered: 06/23/2015)

06/23/2015 71 STIPULATION WITH PROPOSED ORDER




Changing Time of the Hearing on Samsung's Motion to Strike (Civil L.R. 6-2) CORRECTION OF DOCKET # 70 filed by Samsung Electronic Co., LTD, Samsung Electronics America, Inc.. (Attachments: # 1 Declaration Of Wainscoat in Support of Stipulation Changing Time of the Hearing on Samsung's Motion to Strike (Civil L.R. 6-2))(Wainscoat, Aaron) (Filed on 6/23/2015) (Entered: 06/23/2015)

06/23/2015 72 CLAIM CONSTRUCTION STATEMENT Patent Local Rule 4-3 Joint Claim Construction and Prehearing Statement filed by Phoenix Digital Solutions LLC. (Attachments: # 1 Exhibit A, # 2Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Bumgardner, Barry) (Filed on 6/23/2015) (Entered: 06/23/2015)

06/23/2015 73 MOTION to Quash Plaintiffs' Motion to Limit Defendants' Subpoenas to Third Party Charles Moore or Alternatively for a Protective Order filed by Phoenix Digital Solutions LLC. Motion Hearing set for 8/11/2015 10:00 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. Responses due by 7/7/2015. Replies due by 7/14/2015. (Attachments: # 1 Declaration of Barry J. Bumgardner in Support of Plaintiffs' Motion to Limit Defendants' Subpoenas to Third Party Charles Moore or Alternatively for a Protective Order, # 2Exhibit 1, # 3 Exhibit 2, # 4 Proposed Order)(Bumgardner, Barry) (Filed on 6/23/2015) (Entered: 06/23/2015)

06/24/2015 74 MOTION for leave to appear in Pro Hac Vice for John Murphy on Behalf of Plaintiff Phoenix Digital Solutions LLC ( Filing fee $ 305, receipt number 0971-9626236.) filed by Phoenix Digital Solutions LLC. (Attachments: # 1 Certificate of Good Standing)(Murphy, John) (Filed on 6/24/2015)




(Entered: 06/24/2015)

06/24/2015 75 STIPULATION WITH PROPOSED ORDER -Stipulated Protective Order filed by Samsung Electronic Co., LTD, Samsung Electronics America, Inc.. (Wainscoat, Aaron) (Filed on 6/24/2015) (Entered: 06/24/2015)

06/25/2015 76 ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY JOHN PAUL MURPHY PRO HAC VICE by Judge Paul S. Grewal, granting 74 . (ofr, COURT STAFF) (Filed on 6/25/2015) (Entered: 06/25/2015)

06/25/2015 77 STIPULATION AND ORDER CHANGING TIME OF THE HEARING ON SAMSUNG'S MOTION TO STRIKE (CIVIL L.R. 6-2) by Judge Paul S. Grewal, granting 71 . (ofr, COURT STAFF) (Filed on 6/25/2015) (Entered: 06/25/2015)

06/25/2015 78 STIPULATED PROTECTIVE ORDER by Judge Paul S. Grewal. Signed on 6/25/2015. (ofr, COURT STAFF) (Filed on 6/25/2015) (Entered: 06/25/2015)

06/26/2015 79 ORDER DENYING DEFENDANTS SAMSUNG ELECTRONICS CO., LTD.'S AND SAMSUNG ELECTRONICS AMERICA, INC.'S MOTION FOR ADMINISTRATIVE RELIEF TO FILE UNDER SEAL PORTIONS OF SAMSUNG'S MOTION TO STRIKE INFRINGEMENT CONTENTIONS by Judge Paul S. Grewal, denying 57 Administrative Motion to File Under Seal. (ofr, COURT STAFF) (Filed on 6/26/2015) (Entered: 06/26/2015)

06/29/2015 80 RESPONSE (re 62 MOTION to Compel PDS's Motion to Compel Discovery ) - Opposition filed bySamsung Electronic Co., LTD, Samsung




Electronics America, Inc.. (Attachments: # 1Proposed Order Denying PDS's Motion to Compel Discovery)(Wainscoat, Aaron) (Filed on 6/29/2015) (Entered: 06/29/2015)

06/29/2015 81 REPLY (re 58 MOTION to Strike Infringement Contentions or Alternatively to Compel Supplemental Infringement Contentions ) and Objections to Evidence (L.R. 7-3(C) filed bySamsung Electronic Co., LTD, Samsung Electronics America, Inc.. (Attachments: # 1Declaration of Aaron Wainscoat in Support of Samsung's Reply Mmeorandum in Support of Motion to Strike Infringement Contentions, # 2Exhibit 12, # 3 Exhibit 13)(Wainscoat, Aaron) (Filed on 6/29/2015) (Entered: 06/29/2015)

06/30/2015 82 Minute Entry for proceedings held before Magistrate Judge Paul Singh Grewal in Case Nos. CV12-03877-VC and CV12-03880-VC. Motion hearing held on 6/30/2015 re: 1.) Defendant Samsung Electronics Co. Ltd. & Samsung Electronics America, Inc.'s Motion to Strike Infringement Contentions or Alternatively to Compel Supplemental Infringement Contentions (ECF No. 58 in CV12-03877-VC), 2.) Plaintiff Phoenix Digital Solutions, LLC's Motion to Compel Discovery (ECF No. 62 in CV12-03877-VC), 3.) Defendants LG Electronics, Inc. and LG Electronics USA, Inc.'s Motion to Strike Infringement Contentions or, Alternatively, Compel Supplemental Infringement Contentions on Charted Processors (ECF Nos. 80 and 97 in CV12-03880-VC) and 4.) Plaintiff Phoenix Digital Solutions, LLC's Motion to Compel Discovery from LG (ECF No. 81 in CV12-03880-VC). The court takes matters under submission; written order to be issued. The court is open to advance 2/26/2016




Markman Hearing. Parties to meet and confer to discuss any change to case schedule. If parties are unable to reach an agreement, each party may submit a 3-page letter brief for the court's review. FTR Time (10:55 to 11:38). Plaintiff Attorney(s) present: Charles Hoge, Christopher Banys, William Bretschneider and Barry Bumgardner. Defendant Attorney(s) present: Aaron Wainscoat, Mark Fowler, Erik Fuehrer, Wasif Qureshi and Olga May. Also present: Jennifer Seraphine. This is a text only Minute Entry. (ofr, COURT STAFF) (Date Filed: 6/30/2015) (Entered: 06/30/2015)

07/06/2015 83 MOTION to Strike 58 MOTION to Strike Infringement Contentions or Alternatively to Compel Supplemental Infringement Contentions, 79Order on Administrative Motion to File Under Seal, filed by Samsung Electronic Co., LTD, Samsung Electronics America, Inc.. Motion Hearing set for 6/30/2015 10:00 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. Responses due by 7/20/2015. Replies due by 7/27/2015. (Attachments: # 1 Declaration of Aaron Wainscoat in Support of Defendants Samsung Electronics Co., Ltd.'s and Samsung Electronics America, Inc.'s Motion to Strike Infringement Contentions or Alternatively to Compel Supplemental Infringement Contentions, # 2 Exhibit 3, # 3 Exhibit 4, # 4 Exhibit 5 - Part 1, # 5Exhibit 5 - Part 2)(Wainscoat, Aaron) (Filed on 7/6/2015) (Entered: 07/06/2015)

07/07/2015 84 RESPONSE (re 73 MOTION to Quash Plaintiffs' Motion to Limit Defendants' Subpoenas to Third Party Charles Moore or Alternatively for a Protective Order ) filed bySamsung Electronic Co., LTD, Samsung Electronics America, Inc.. (Attachments: # 1 Declaration of Wasif Qureshi in




Support of Defendants' Opposition to Plaintiffs' Motion to Limit Defendants' Subpoenas to Third Party Charles Moore Or, Alternatively for a Protective Order, # 2 Exhibit A, # 3 Exhibit B, # 4Exhibit C, # 5 Proposed Order Denying Plaintiffs' Motion to Limit Defendants' Subpoenas to Third Party Charles Moore, or Alternatively, for a Protective Order)(Wainscoat, Aaron) (Filed on 7/7/2015) (Entered: 07/07/2015)

07/08/2015 85 STIPULATION WITH PROPOSED ORDER Stipulated Supplemental Protective Order Between Non-Party Qualcomm Incorporated, Plaintiffs and Defendants filed by Phoenix Digital Solutions LLC. (Bumgardner, Barry) (Filed on 7/8/2015) (Entered: 07/08/2015)

07/08/2015 86 ORDER GRANTING STIPULATED PROTECTIVE ORDER BETWEEN NON-PARTY QUALCOMM INCORPORATED, PLAINTIFFS AND DEFENDANTS by Magistrate Judge Paul Singh Grewal granting 85 . (psglc1S, COURT STAFF) (Filed on 7/8/2015) (Entered: 07/08/2015)

07/09/2015 87 Letter from Plaintiffs Regarding Plaintiffs Proposed Revisions to Current Case Schedule. (Bumgardner, Barry) (Filed on 7/9/2015) Modified on 7/9/2015 (farS, COURT STAFF). (Entered: 07/09/2015)

07/09/2015 88 Letter Brief re 28 Order on Motion for Miscellaneous Relief, filed bySamsung Electronic Co., LTD, Samsung Electronics America, Inc.. (Related document(s) 28 ) (Wainscoat, Aaron) (Filed on 7/9/2015) (Entered: 07/09/2015)

07/11/2015 89 ORDER GRANTING-IN-PART MOTIONS TO STRIKE AND DENYING MOTIONS TO COMPEL by Judge Paul S. Grewal granting-in-part 58 ( 83 ); denying 62 . (psglc1S, COURT




STAFF) (Filed on 7/11/2015) (Entered: 07/11/2015)

07/14/2015 90 SECOND AMENDED CASE MANAGEMENT ORDER. Signed by Judge Paul S. Grewal on July 14, 2015. (psglc1S, COURT STAFF) (Filed on 7/14/2015) (Entered: 07/14/2015)

07/14/2015 Resetting Hearings: 2/19/2016 Tutorial Hearing is advanced to 9/18/2015 at 10:00 AM in Courtroom 5, 4th Floor, San Jose. 2/26/2016 Markman hearing is advanced to 9/18/2015 at 10:00 AM in Courtroom 5, 4th Floor, San Jose. 2/26/2016 Summary Judgment Hearing is reset to 3/22/2016 at 10:00 AM in Courtroom 5, 4th Floor, San Jose. (ofr, COURT STAFF) (Filed on 7/14/2015) (Entered: 07/15/2015)

07/27/2015 91 STIPULATION of Dismissal of U.S. Patent Nos. 5,440,749 and 5,530,890 filed by Phoenix Digital Solutions LLC. (Bumgardner, Barry) (Filed on 7/27/2015) (Entered: 07/27/2015)

07/28/2015 92 ORDER DENYING AS MOOT 31 MOTION FOR JUDGMENT ON THE PLEADINGS entered by Magistrate Judge Paul Singh Grewal. See Docket No. 91. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 07/28/2015)

07/29/2015 93 Notice of Withdrawal of Motion Unopposed Motion to Withdraw Without Prejudice Plaintiffs' Motion to Quash or Limit Defendants' Subpoenas to Third Party Charles Moore or, Alternatively, for a Protective Order (Bumgardner, Barry) (Filed on 7/29/2015) (Entered: 07/29/2015)

08/04/2015 94 CLAIM CONSTRUCTION STATEMENT Brieffiled by Samsung Electronic Co., LTD, Samsung Electronics America, Inc.. (Attachments: # 1




Declaration of Wainscoat in Support of Defendants' Opening Claim Construction Brief, # 2 Exhibit A -Part 1, # 3 Exhibit A - Part 2, # 4 Exhibit A - Part 3, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14Exhibit K, # 15 Exhibit L, # 16 Exhibit M, # 17Exhibit N, # 18 Exhibit O, # 19 Exhibit P, # 20Exhibit Q - Part 1, # 21 Exhibit Q - Part 2, # 22Exhibit Q - Part 3, # 23 Exhibit Q - Part 4, # 24Proposed Order Regarding Claim Construction)(Wainscoat, Aaron) (Filed on 8/4/2015) (Entered: 08/04/2015)

08/04/2015 95 CLAIM CONSTRUCTION STATEMENT Brieffiled by Phoenix Digital Solutions LLC. (Attachments: # 1 Declaration of Barry J. Bumgardner, # 2 Exhibit A, # 3 Exhibit B, # 4Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F - Part 1, # 8 Exhibit F - Part 2, # 9 Exhibit G, # 10Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16Exhibit N, # 17 Exhibit O, # 18 Exhibit P, # 19Exhibit Q, # 20 Exhibit R)(Bumgardner, Barry) (Filed on 8/4/2015) (Entered: 08/04/2015)

08/18/2015 96 CLAIM CONSTRUCTION STATEMENT /Defendants' Responsive Claim Construction Brief filed by Samsung Electronic Co., LTD, Samsung Electronics America, Inc.. (Attachments: # 1 Declaration (Supplemental) of Aaron Wainscoat in Support of Defendants' Claim Construction Brief, # 2 Exhibit R, # 3 Exhibit S, # 4Exhibit T, # 5 Exhibit U)(Wainscoat, Aaron) (Filed on 8/18/2015) (Entered: 08/18/2015)

08/18/2015 97 CLAIM CONSTRUCTION STATEMENT Plaintiffs' Responsive Claim Construction Brieffiled by Phoenix Digital Solutions LLC.




(Attachments: # 1 Declaration (Supplemental) Declaration of Barry J. Bumgardner in Support of Plaintiffs' Responsive Claim Construction Brief, # 2Exhibit S, # 3 Exhibit T, # 4 Exhibit U, # 5 Exhibit V, # 6 Exhibit W)(Bumgardner, Barry) (Filed on 8/18/2015) (Entered: 08/18/2015)

09/02/2015 98 NOTICE by Samsung Electronic Co., LTD, Samsung Electronics America, Inc. Regarding the Technology Tutorial (Wainscoat, Aaron) (Filed on 9/2/2015) (Entered: 09/02/2015)

09/09/2015 99 Letter from Aaron Wainscoat to Honorable Paul S. Grewal. (Wainscoat, Aaron) (Filed on 9/9/2015) (Entered: 09/09/2015)

09/09/2015 100 CLERK'S NOTICE RE ALLOTMENT OF TIME FOR SEPTEMBER 18, 2015 TUTORIAL AND MARKMAN HEARING: Parties are hereby notified that the court will allow each side 45 minutes to present the tutorial followed by 45 minutes for each side to argue claim construction issues in connection with the markman hearing. ***This is a text only docket entry, there is no document associated with this notice.*** (ofr, COURT STAFF) (Filed on 9/9/2015) (Entered: 09/09/2015)

09/14/2015 101 STIPULATION WITH PROPOSED ORDER Regarding Entry of Equipment Into the Court Pursuant to General Order No. 58 for the Technology Tutorial and Claim Construction Hearing filed by Samsung Electronic Co., LTD, Samsung Electronics America, Inc.. (Wainscoat, Aaron) (Filed on 9/14/2015) (Entered: 09/14/2015)

09/14/2015 102 STIPULATION AND ORDER REGARDING ENTRY OF EQUIPMENT INTO THE COURT PURSUANT TO GENERAL ORDER NO. 58 FOR THE TECHNOLOGY TUTORIAL AND




CLAIM CONSTRUCTION HEARING by Judge Paul S. Grewal, granting (101) Stipulation in case 3:12-cv-03877-VC (ofr, COURT STAFF) (Filed on 9/14/2015) (Entered: 09/14/2015)

09/18/2015 103 Minute Entry for proceedings held before Magistrate Judge Paul Singh Grewal as to 3:12-cv-03865-VC Technology Properties Limited LLC et al v. Huawei Technologies Co., Ltd. et al., 3:12-cv-03876-VC Technology Properties Limited, LLC et al v. ZTE Corporation et al, 3:12-cv-03877-VC Technology Properties Limited LLC et al v. Samsung Electronic Co., LTD et al., 3:12-cv-03880-VC Technology Properties Limited LLC et al v. LG Electronics, Inc. et al. and 3:12-cv-03881-VC Technology Properties Limited LLC et al v. Nintendo Co., Ltd et al. Tutorial Hearing and Markman Hearing held on 9/18/2015. Court to issue order. Court Reporter: Raynee Mercado. Time in Court: 9:58 to 11:41 and 11:51 to 12:43. Plaintiff Attorney(s) present: Christopher Banys, Barry Bumgardner, Thomas Cecil and Charles Hoge. Defendant Attorney(s) present: Mark Fowler, James Heintz, Hersh Mehta, Stephen Smith, Timothy Bickham and Wasif Qureshi. Also present: Vivek Subramanian. This is a text only Minute Entry (ofr, COURT STAFF) (Date Filed: 9/18/2015) (Entered: 09/18/2015)

09/22/2015 104 CLAIM CONSTRUCTION REPORT AND RECOMMENDATION. Objections due by 10/6/2015. Signed by Judge Paul S. Grewal on September 22, 2015, re (89) in case 3:12-cv-03865-VC, (102) in case 3:12-cv-03876-VC, (95) in case 3:12-cv-03877-VC, (109) in case 3:12-cv-03880-VC, (97) in case 3:12-cv-03881-VC. (psglc1S, COURT STAFF) (Filed on 9/22/2015) (Entered: 09/22/2015)




09/25/2015 105 STIPULATION WITH PROPOSED ORDER REGARDING JOINT MOTION TO STAY ALL PROCEEDINGS AND DEADLINES PENDING RESOLUTION OF OBJECTIONS TO CLAIM CONSTRUCTION REPORT AND RECOMMENDATION filed by Samsung Electronic Co., LTD, Samsung Electronics America, Inc.. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Wainscoat, Aaron) (Filed on 9/25/2015) (Entered: 09/25/2015)

09/28/2015 106 ORDER GRANTING JOINT MOTION TO STAY ALL PROCEEDINGS AND DEADLINES PENDING RESOLUTION OF OBJECTIONS TO CLAIM CONSTRUCTION REPORT AND RECOMMENDATION by Magistrate Judge Paul Singh Grewal, granting (110) in case 3:12-cv-03876-VC, (105) in case 3:12-cv-03877-VC, (118) in case 3:12-cv-03880-VC, (107) in case 3:12-cv-03881-VC. (psglc1S, COURT STAFF) (Filed on 9/28/2015) (Entered: 09/28/2015)

10/06/2015 107 MOTION De Novo Determination of Dispositive Matter Referred to Magistrate Judge re 104REPORT AND RECOMMENDATIONS re (1 in 3:12-cv-03881-VC) Complaint, filed by Patriot Scientific Corporation, Technology Properties Limited LLC, Phoenix Digital Solutions, LLC, (1 in 3:12-cv-03880-VC) Complaint, filed by Phoenix Digital Solutio Plaintiffs' Motion for De Novo Determination of Dispositive Matter Referred to Magistrate Judge, or, in the Alternative, Motion for Relief from Nondispositive Pretrial Order of Magistrate Judge filed by Phoenix Digital Solutions LLC. Motion Hearing set for 11/19/2015 10:00 AM in Courtroom 4, 17th Floor, San Francisco before Hon. Vince Chhabria. Responses due by 10/20/2015. Replies due by 10/27/2015.




(Attachments: # 1 Declaration of Barry J. Bumgardner in Support of Plaintiffs' Motion for De Novo Determination, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O)(Bumgardner, Barry) (Filed on 10/6/2015) (Entered: 10/06/2015)

10/12/2015 108 TRANSCRIPT ORDER by Samsung Electronic Co., LTD, Samsung Electronics America, Inc. for Court Reporter Raynee Mercado. (Wainscoat, Aaron) (Filed on 10/12/2015) (Entered: 10/12/2015)

10/20/2015 109 RESPONSE (re 107 MOTION De Novo Determination of Dispositive Matter Referred to Magistrate Judge re 104 REPORT AND RECOMMENDATIONS re (1 in 3:12-cv-03881-VC) Complaint, filed by Patriot Scientific Corporation, Technology Properties Limited LLC, Phoenix D ) Or, In The Alternative, Motion for Relief from NonDispositive Pretrial Order of Magistrate Judge filed bySamsung Electronic Co., LTD, Samsung Electronics America, Inc.. (Attachments: # 1 Declaration of Aaron Waincoat in Support of Defendants' Response to Plaintiffs' Motion for De Novo Determination, # 2 Exhibit A -Part 1, # 3 Exhibit A - Part 2, # 4 Exhibit A - Part 3, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14Exhibit K, # 15 Exhibit L, # 16 Exhibit M - Part 1, # 17 Exhibit M - Part 2, # 18 Exhibit M - Part 3, # 19Exhibit M - Part 4, # 20 Exhibit M - Part 5, # 21Exhibit N, # 22 Exhibit O, # 23 Exhibit P, # 24Exhibit Q - Part 1, # 25 Exhibit Q - Part 2, # 26Exhibit Q - Part 3, # 27 Proposed Order Denying Plaintiffs' Motion for De Novo Determination of




Dispositive Matter Referred to Magistrate Judge, Or, In The Alternative, Motion for Relief from Nondispositive Pretrial Order of Magistrate Judge)(Wainscoat, Aaron) (Filed on 10/20/2015) (Entered: 10/20/2015)

10/21/2015 110 Transcript of Proceedings held on September 18, 2015, before Paul S. Grewal, Magistrate Judge. Court Reporter Raynee H. Mercado, CSR, telephone number 510-502-6175, [email protected], [email protected]. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re (101 in 3:12-cv-03865-VC) Transcript Order, (108 in 3:12-cv-03877-VC) Transcript Order, (102 in 3:12-cv-03865-VC) Transcript Order ) Release of Transcript Restriction set for 1/19/2016. (rhm) (Filed on 10/21/2015) (Entered: 10/21/2015)

11/09/2015 111 ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS for (109 in 3:12-cv-03881-VC) Motion for Miscellaneous Relief,,,, filed by Phoenix Digital Solutions, LLC, (106 in 3:12-cv-03881-VC, 117 in 3:12-cv-03880-VC, 104 in 3:12-cv-03877-VC, 98 in 3:12-cv-03865-VC, 109 in 3:12-cv-03876-VC) Report and Recommendations, (107 in 3:12-cv-03877-VC) Motion for Miscellaneous Relief,,,, filed by Phoenix Digital Solutions LLC, (112 in 3:12-cv-03876-VC) Motion for Miscellaneous Relief,,,, filed by Phoenix Digital Solutions LLC, (120 in 3:12-cv-03880-VC) Motion for




Miscellaneous Relief,,,, filed by Phoenix Digital Solutions LLC, (105 in 3:12-cv-03865-VC) Motion for Miscellaneous Relief,,,, filed by Phoenix Digital Solutions LLC. Signed by Judge Vince Chhabria on 11/9/2015. (tlS, COURT STAFF) (Filed on 11/9/2015) (Entered: 11/09/2015)

11/12/2015 112 STIPULATION WITH PROPOSED ORDER For Entry of Final Judgment Based on the Court's Claim Construction filed by Samsung Electronic Co., LTD, Samsung Electronics America, Inc.. (Attachments: # 1 Attachment A - Final Judgment)(Wainscoat, Aaron) (Filed on 11/12/2015) (Entered: 11/12/2015)

11/13/2015 113 Order by Hon. Vince Chhabria in case 3:12-cv-03876-VC; granting (125) Stipulation for Final Judgment in case 3:12-cv-03880-VC.Associated Cases: 3:12-cv-03880-VC, 3:12-cv-03865-VC, 3:12-cv-03876-VC, 3:12-cv-03877-VC, 3:12-cv-03881-VC(knm, COURT STAFF) (Filed on 11/13/2015) (Entered: 11/13/2015)

11/13/2015 Report on the determination of action mailed to Commissioner (farS, COURT STAFF) (Filed on 11/13/2015) (Entered: 11/27/2015)

12/02/2015 114 NOTICE of Change In Counsel by Stacy Greskowiak McNulty Notice of Change in Counsel for Plaintiff Phoenix Digital Solutions LLC(Greskowiak McNulty, Stacy) (Filed on 12/2/2015) (Entered: 12/02/2015)

12/07/2015 115 NOTICE OF APPEAL to the Federal Circuit as to 113 Order on Stipulation, 111 Order Adopting Report and Recommendations,,, by Phoenix Digital Solutions LLC. Filing fee $ 505, receipt number 0971-10044881. Appeal Record due by 1/6/2016. (Bumgardner, Barry) (Filed on 12/7/2015) (Entered:




12/07/2015)

12/10/2015 116 Transmission of Notice of Appeal and Docket Sheet to the Federal Circuit Court of Appeals. Appeal Record due by 1/11/2016. (farS, COURT STAFF) (Filed on 12/10/2015) (Entered: 12/10/2015)

12/15/2015 117 USCA Case Number 16-1309 Federal Circuit for 115 Notice of Appeal to the Federal Circuit, filed by Phoenix Digital Solutions LLC. (farS, COURT STAFF) (Filed on 12/15/2015) (Entered: 12/15/2015)

03/08/2017 118 MANDATE of USCA as to (116 in 3:12-cv-03881-VC) Notice of Appeal to the Federal Circuit, filed by Phoenix Digital Solutions, LLC, (119 in 3:12-cv-03876-VC) Notice of Appeal to the Federal Circuit, filed by Phoenix Digital Solutions LLC, (112 in 3:12-cv-03865-VC) Notice of Appeal to the Federal Circuit, filed by Phoenix Digital Solutions LLC, (128 in 3:12-cv-03880-VC) Notice of Appeal to the Federal Circuit, filed by Phoenix Digital Solutions LLC, (115 in 3:12-cv-03877-VC) Notice of Appeal to the Federal Circuit, filed by Phoenix Digital Solutions LLC (farS, COURT STAFF) (Filed on 3/8/2017) (Entered: 03/08/2017)

03/08/2017 119 CLERK'S Letter Spreading Mandate to Counsel (farS, COURT STAFF) (Filed on 3/8/2017) (Entered: 03/08/2017)

04/11/2017 120 MANDATE of USCA as to (116 in 3:12-cv-03881-VC) Notice of Appeal to the Federal Circuit, filed by Phoenix Digital Solutions, LLC, (119 in 3:12-cv-03876-VC) Notice of Appeal to the Federal Circuit, filed by Phoenix Digital Solutions LLC, (112 in 3:12-cv-03865-VC) Notice of Appeal to the Federal Circuit, filed by Phoenix Digital Solutions LLC, (128 in 3:12-cv-03880-VC) Notice of Appeal to the Federal Circuit, filed by Phoenix Digital Solutions




LLC, (115 in 3:12-cv-03877-VC) Notice of Appeal to the Federal Circuit, filed by Phoenix Digital Solutions LLC (farS, COURT STAFF) (Filed on 4/11/2017) (Entered: 04/11/2017)

04/14/2017 121 ORDER REOPENING CASES AND SETTING CASE MANAGEMENT CONFERENCE. Plaintiff's consolidated case management statement due by 5/9/2017. Defendants' consolidated case management statement due by 5/16/2017. Case Management Conference set for 5/23/2017 01:30 PM in Courtroom 4, 17th Floor, San Francisco.. Signed by Judge Vince Chhabria on 4/14/2017. (knm, COURT STAFF) (Filed on 4/14/2017) (Entered: 04/14/2017)

05/09/2017 122 CASE MANAGEMENT STATEMENT filed by Phoenix Digital Solutions LLC. (Bumgardner, Barry) (Filed on 5/9/2017) (Entered: 05/09/2017)

05/16/2017 123 CASE MANAGEMENT STATEMENT Defendants' Case Management Statement filed by Samsung Electronic Co., LTD, Samsung Electronics America, Inc.. (Fuehrer, Erik) (Filed on 5/16/2017) (Entered: 05/16/2017)

05/18/2017 124 CLERK'S NOTICE RESETTING THE TIME FOR THE CASE MANAGEMENT CONFERENCE.Judge Chhabria is currently in trial on an unrelated matter and will be unable to conduct the hearing at the time previously set. Further Case Management Conference set for 5/23/2017 02:30 PM in Courtroom 4, 17th Floor, San Francisco. (This is a text-only entry generated by the court. There is no document associated with this entry.)(knm, COURT STAFF) (Filed on 5/18/2017) (Entered: 05/18/2017)

05/23/2017 125 Minute Entry for proceedings held before Hon. Vince Chhabria: Further Case Management




Conference held on 5/23/2017. Total Time in Court: 6 minutes. Court Reporter: Not reported. (wsn, COURT STAFF) (Date Filed: 5/23/2017) (Entered: 05/23/2017)

05/26/2017 Set Hearing: Last day to hear Dispositive Motion Hearing set for 9/28/2017 10:00 AM in Courtroom 4, 17th Floor, San Francisco before Hon. Vince Chhabria. (knm, COURT STAFF) (Filed on 5/26/2017) (Entered: 05/26/2017)

06/05/2017 126 NOTICE of Change In Counsel by Christopher D. Banys (Banys, Christopher) (Filed on 6/5/2017) (Entered: 06/05/2017)

06/16/2017 127 SECOND AMENDED INFRINGEMENT CONTENTIONS by Phoenix Digital Solutions LLC. . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6Exhibit F, # 7 Exhibit G)(Bumgardner, Barry) (Filed on 6/16/2017) (Entered: 06/16/2017)

07/13/2017 128 MOTION to Withdraw as Attorney Nelson Bumgardner P.C., Albritton Law Firm, Hoge Law Firm and Silicon Valley Law Group's Notice of Motion and Motion to Withdraw as Counsel of Record for Plaintiffs filed by Phoenix Digital Solutions LLC. Motion Hearing set for 8/17/2017 10:00 AM in Courtroom 4, 17th Floor, San Francisco before Hon. Vince Chhabria. Responses due by 7/27/2017. Replies due by 8/3/2017. (Attachments: # 1 Memorandum In Support, # 2Declaration Barry J. Bumgardner, # 3 Declaration Phoenix Digital Solutions LLC, # 4 Declaration Patriot Scientific Corporation, # 5 Declaration Technology Properties Limited LLC, # 6 Proposed Order)(Bumgardner, Barry) (Filed on 7/13/2017) (Entered: 07/13/2017)

07/13/2017 129 MOTION for Extension of Time to File Plaintiffs'




Notice of Motion and Unopposed Motion to Enlarge Time filed by Phoenix Digital Solutions LLC. (Attachments: # 1 Memorandum In Support, # 2Declaration Barry J. Bumgardner, # 3 Proposed Order)(Bumgardner, Barry) (Filed on 7/13/2017) (Entered: 07/13/2017)

07/19/2017 130 Statement of Non-Opposition to 1) Motion for Extension; (2) Motion to Withdraw as Counsel by Samsung Electronic Co., LTD, Samsung Electronics America, Inc.. (Wainscoat, Aaron) (Filed on 7/19/2017) (Entered: 07/19/2017)

07/24/2017 131 Order by Hon. Vince Chhabria granting (128) Motion for Extension of Time to File in cases 3:12-cv-03865-VC, 3:12-cv-03876-VC, 3:12-cv-03877-VC, 3:12-cv-03880-VC, 3:12-cv-03881-VC(knm, COURT STAFF) (Filed on 7/24/2017) (Entered: 07/24/2017)

08/09/2017 132 ORDER RE MOTION TO WITHDRAW. Signed by Judge Chhabria on 8/9/2017. (vclc3S, COURT STAFF) (Filed on 8/9/2017) (Entered: 08/09/2017)

08/11/2017 133 Declaration in Support of 132 Order Declarations of Plaintiffs In Response to Court's Order Regarding Plaintiff's Attorneys' Motion to Withdraw filed byPhoenix Digital Solutions LLC. (Attachments: # 1 Exhibit A - TPL Declaration, # 2 Exhibit B -Patriot Declaration, # 3 Exhibit C - PDS Declaration)(Related document(s) 132 ) (Bumgardner, Barry) (Filed on 8/11/2017) (Entered: 08/11/2017)

08/11/2017 134 ORDER by Judge Chhabria granting (132) Motion to Withdraw as Attorney in case 3:12-cv-03876-VC; granting (129) Motion to Withdraw as Attorney in case 3:12-cv-03881-VC; granting (145) Motion to Withdraw as Attorney in case




3:12-cv-03880-VC; granting (127) Motion to Withdraw as Attorney in case 3:12-cv-03865-VC; granting (128) Motion to Withdraw as Attorney in case 3:12-cv-03877-VC. (vclc3S, COURT STAFF) (Filed on 8/11/2017) (Entered: 08/11/2017)

09/13/2017 135 NOTICE of Appearance by Lauren Nicole Robinson (Robinson, Lauren) (Filed on 9/13/2017) (Entered: 09/13/2017)

09/13/2017 136 NOTICE of Appearance by Henry C. Bunsow (Bunsow, Henry) (Filed on 9/13/2017) (Entered: 09/13/2017)

09/13/2017 137 NOTICE of Appearance by Denise M. De Mory (De Mory, Denise) (Filed on 9/13/2017) (Entered: 09/13/2017)

09/13/2017 138 NOTICE of Appearance by Aaron Richard Hand (Hand, Aaron) (Filed on 9/13/2017) (Entered: 09/13/2017)

09/29/2017 139 Administrative Motion to File Under Seal Re Defendants' Motion for Summary Judgment filed by Samsung Electronic Co., LTD, Samsung Electronics America, Inc.. (Attachments: # 1Declaration of Jaegon Lee in support of Defs' Admin Motion, # 2 Declaration of Vincent Ajay Singh in support of Defs' Admin Motion, # 3Declaration of Erik Fuehrer in support of Defs' Admin Motion, # 4 Proposed Order, # 5 Redacted Version of Summary Judgment Motion, # 6Unredacted Version of Summary Judgment Motion, # 7 Redacted Version of Vivek Subramanian Declaration, # 8 Unredacted Version of Vivek Subramanian Declaration, # 9 Redacted Version of Jaegon Lee Declaration, # 10 Unredacted Version of Jaegon Lee Declaration, # 11 Redacted Version of Marzio Pedrali-Noy Declaration, # 12




Unredacted Version of Marzio Pedrali-Noy Declaration, # 13 Redacted Version of Exhibit 4 to Fuehrer Declaration, # 14 Unredacted Version of Exhibit 4 to Fuehrer Declaration, # 15 Redacted Version of Exhibit 6 to Fuehrer Declaration, # 16Unredacted Version of Exhibit 6 to Fuehrer Declaration, # 17 Redacted Version of Exhibit 10 to Fuehrer Declaration, # 18 Unredacted Version of Exhibit 10 to Fuehrer Declaration, # 19 Unredacted Version of Exhibit 11 to Fuehrer Declaration, # 20Unredacted Version of Exhibit 12 to Fuehrer Declaration, # 21 Unredacted Version of Exhibit 13 to Fuehrer Declaration, # 22 Unredacted Version of Exhibit 14 to Fuehrer Declaration, # 23 Unredacted Version of Exhibit 15 to Fuehrer Declaration, # 24Unredacted Version of Exhibit 16 to Fuehrer Declaration, # 25 Unredacted Version of Exhibit 17 to Fuehrer Declaration, # 26 Unredacted Version of Exhibit 18 to Fuehrer Declaration, # 27 Unredacted Version of Exhibit 19 to Fuehrer Declaration, # 28Unredacted Version of Exhibit 20 to Fuehrer Declaration, # 29 Unredacted Version of Exhibit 21 to Fuehrer Declaration, # 30 Unredacted Version of Exhibit 22 to Fuehrer Declaration, # 31 Unredacted Version of Exhibit 23 to Fuehrer Declaration, # 32Unredacted Version of Exhibit 24 to Fuehrer Declaration, # 33 Unredacted Version of Exhibit 25 to Fuehrer Declaration, # 34 Unredacted Version of Exhibit 26 to Fuehrer Declaration, # 35 Unredacted Version of Exhibit 27 to Fuehrer Declaration, # 36Unredacted Version of Exhibit 28 to Fuehrer Declaration, # 37 Unredacted Version of Exhibit 29 to Fuehrer Declaration, # 38 Unredacted Version of Exhibit 30 to Fuehrer Declaration, # 39 Unredacted Version of Exhibit 33 to Fuehrer Declaration, # 40Unredacted Version of Exhibit 34 to Fuehrer Declaration, # 41 Unredacted Version of Exhibit 35 to Fuehrer Declaration, # 42 Unredacted Version of




Exhibit 36 to Fuehrer Declaration, # 43 Unredacted Version of Exhibit 37 to Fuehrer Declaration, # 44Unredacted Version of Exhibit 38 to Fuehrer Declaration, # 45 Unredacted Version of Exhibit 39 to Fuehrer Declaration, # 46 Unredacted Version of Exhibit 40 to Fuehrer Declaration, # 47 Unredacted Version of Exhibit 41 to Fuehrer Declaration, # 48Unredacted Version of Exhibit 42 to Fuehrer Declaration, # 49 Unredacted Version of Exhibit 43 to Fuehrer Declaration, # 50 Unredacted Version of Exhibit 44 to Fuehrer Declaration, # 51 Unredacted Version of Exhibit 45 to Fuehrer Declaration, # 52Unredacted Version of Exhibit 50 to Fuehrer Declaration, # 53 Unredacted Version of Exhibit 53 to Fuehrer Declaration)(Fuehrer, Erik) (Filed on 9/29/2017) (Entered: 09/29/2017)

09/29/2017 140 MOTION for Summary Judgment filed by Samsung Electronic Co., LTD, Samsung Electronics America, Inc.. Motion Hearing set for 11/30/2017 10:00 AM in Courtroom 4, 17th Floor, San Francisco before Judge Vince Chhabria. Responses due by 10/13/2017. Replies due by 10/20/2017. (Attachments: # 1 Declaration of Marzio Pedrali-Noy, # 2 Declaration of Jegon Lee, # 3 Declaration of Vivek Subramanian, # 4 Declaration of Erik Fuehrer, # 5 Exhibit 1 to Fuehrer Declaration, # 6Exhibit 2 to Fuehrer Declaration, # 7 Exhibit 3 to Fuehrer Declaration, # 8 Exhibit 4 (redacted) to Fuehrer Declaration, # 9 Exhibit 5 to Fuehrer Declaration, # 10 Exhibit 6 (redacted) to Fuehrer Declaration, # 11 Exhibit 7 to Fuehrer Declaration, # 12 Exhibit 8 to Fuehrer Declaration, # 13 Exhibit 9 to Fuehrer Declaration, # 14 Exhibit 10 (redacted) to Fuehrer Declaration, # 15 Exhibit 11 (sealed) to Fuehrer Declaration, # 16 Exhibit 12 (sealed) to Fuehrer Declaration, # 17 Exhibit 13 (sealed) to Fuehrer Declaration, # 18 Exhibit 14 (sealed) to




Fuehrer Declaration, # 19 Exhibit 15 (sealed) to Fuehrer Declaration, # 20 Exhibit 16 (sealed) to Fuehrer Declaration, # 21 Exhibit 17 (sealed) to Fuehrer Declaration, # 22 Exhibit 18 (sealed) to Fuehrer Declaration, # 23 Exhibit 19 (sealed) to Fuehrer Declaration, # 24 Exhibit 20 (sealed) to Fuehrer Declaration, # 25 Exhibit 21 (sealed) to Fuehrer Declaration, # 26 Exhibit 22 (sealed) to Fuehrer Declaration, # 27 Exhibit 23 (sealed) to Fuehrer Declaration, # 28 Exhibit 24 (sealed) to Fuehrer Declaration, # 29 Exhibit 25 (sealed) to Fuehrer Declaration, # 30 Exhibit 26 (sealed) to Fuehrer Declaration, # 31 Exhibit 27 (sealed) to Fuehrer Declaration, # 32 Exhibit 28 (sealed) to Fuehrer Declaration, # 33 Exhibit 29 (sealed) to Fuehrer Declaration, # 34 Exhibit 30 (sealed) to Fuehrer Declaration, # 35 Exhibit 31 to Fuehrer Declaration, # 36 Exhibit 32 to Fuehrer Declaratio, # 37 Exhibit 33 (sealed) to Fuehrer Declaration, # 38 Exhibit 34 (sealed) to Fuehrer Declaration, # 39Exhibit 35 (sealed) to Fuehrer Declaration, # 40Exhibit 36 (sealed) to Fuehrer Declaration, # 41Exhibit 37 (sealed) to Fuehrer Declaration, # 42Exhibit 38 (sealed) to Fuehrer Declaration, # 43Exhibit 39 (sealed) to Fuehrer Declaration, # 44Exhibit 40 (sealed) to Fuehrer Declaration, # 45Exhibit 41 (sealed) to Fuehrer Declaration, # 46Exhibit 42 (sealed) to Fuehrer Declaration, # 47Exhibit 43 (sealed) to Fuehrer Declaration, # 48Exhibit 44 (sealed) to Fuehrer Declaration, # 49Exhibit 45 (sealed) to Fuehrer Declaration, # 50Exhibit 46 to Fuehrer Declaration, # 51 Exhibit 47 to Fuehrer Declaration, # 52 Exhibit 48 to Fuehrer Declaration, # 53 Exhibit 49 to Fuehrer Declaration, # 54 Exhibit 50 (sealed) to Fuehrer Declaration, # 55 Exhibit 51 to Fuehrer Declaration, # 56 Exhibit 52 to Fuehrer Declaration, # 57 Exhibit 53 (sealed) to Fuehrer Declaration, # 58 Proposed Order, # 59




Certificate/Proof of Service)(Wainscoat, Aaron) (Filed on 9/29/2017) (Entered: 09/29/2017)

09/29/2017 141 CERTIFICATE OF SERVICE by Samsung Electronic Co., LTD, Samsung Electronics America, Inc. re 139 Administrative Motion to File Under Seal Re Defendants' Motion for Summary Judgment (Fuehrer, Erik) (Filed on 9/29/2017) (Entered: 09/29/2017)

10/03/2017 142 Declaration of Lam K. Nguyen in Support of 139Administrative Motion to File Under Seal Re Defendants' Motion for Summary Judgment filed byQualcomm Inc.. (Related document(s) 139 ) (Nguyen, Lam) (Filed on 10/3/2017) (Entered: 10/03/2017)

10/03/2017 143 Declaration of Eric Klein in Support of 139Administrative Motion to File Under Seal Re Defendants' Motion for Summary Judgment filed byKyocera International, Inc.. (Related document(s) 139 ) (Doyle, David) (Filed on 10/3/2017) (Entered: 10/03/2017)

10/20/2017 144 OPPOSITION/RESPONSE (re 140 MOTION for Summary Judgment ) filed byPatriot Scientific Corporation, Phoenix Digital Solutions LLC, Technology Properties Limited LLC. (Attachments: # 1 Declaration of Vojin Oklobdzija, # 2 Exhibit A, # 3 Proposed Order)(Bunsow, Henry) (Filed on 10/20/2017) (Entered: 10/20/2017)

11/03/2017 145 REPLY (re 140 MOTION for Summary Judgment ) filed bySamsung Electronic Co., LTD, Samsung Electronics America, Inc.. (Attachments: # 1Declaration of Erik R. Fuehrer in Support of Defendants' Reply Brief in Support of Motion for Summary Judgment, # 2 Exhibit 54, # 3 Exhibit 55, # 4 Exhibit 56)(Fuehrer, Erik) (Filed on 11/3/2017) (Entered: 11/03/2017)




11/30/2017 146 Minute Entry for proceedings held before Judge Vince Chhabria: Motion Hearing held on 11/30/2017 re Motion for Summary Judgment. The Court heard oral argument from the parties re the Motion for Summary Judgment and takes the matter under submission. The Court will issue a written ruling based on the argument provided in court and in the papers. FTR Time: 10:14- 10:42. Plaintiff Attorney: Henry Bunsow, Aaron Hand, Lauren Robinson, and Denise De Mory. Defendant Attorney: Mark Fowler, James Heintz, and Erik Fuehrer for Samsung; Matthew Brigham for Nintendo, Leeron Kalay for LG Electronics; Michael Flynn-O'Brien for Huawei. (This is a text-only entry generated by the court. There is no document associated with this entry.)(knm, COURT STAFF) (Date Filed: 11/30/2017) Modified on 1/8/2018: Matter transcribed by Sarah Goekler. (rjdS, COURT STAFF). (Entered: 11/30/2017)

12/13/2017 147 ORDER GRANTING MOTIONS FOR SUMMARY JUDGMENT. Signed by Judge Vince Chhabria on 12/13/2017. (knm, COURT STAFF) (Filed on 12/13/2017) (Entered: 12/13/2017)

12/13/2017 148 ORDER GRANTING IN PART MOTION TO FILE UNDER SEAL. Deadline to file new versions of exhibits in which the sealing request was denied is 12/22/2017. Signed by Judge Vince Chhabria on 12/13/2017. (knm, COURT STAFF) (Filed on 12/13/2017) (Entered: 12/13/2017)

12/13/2017 149 JUDGMENT. Signed by Judge Vince Chhabria on 12/13/2017. (knm, COURT STAFF) (Filed on 12/13/2017) (Entered: 12/13/2017)

12/20/2017 REPORT on the filing or determination of an action




regarding patent (cc: form mailed to register). (farS, COURT STAFF) (Filed on 12/20/2017) (Entered: 12/20/2017)

12/21/2017 150 MOTION for Summary Judgment (DKT 140) -Public filed by Samsung Electronic Co., LTD, Samsung Electronics America, Inc.. Motion Hearing set for 11/30/2017 10:00 AM in Courtroom 4, 3rd Floor, Oakland before Judge Vince Chhabria. Responses due by 1/4/2018. Replies due by 1/11/2018. (Attachments: # 1 Public Versions of Exhibits 33, 42, 44, 45 and Removal of Designated Confidential Material on Exhibit 6 to the Declaration of Erik R. Fuehrer in Support of Defendants' Motion for Summary Judgment, # 2Exhibit 33, # 3 Exhibit 42, # 4 Exhibit 44, # 5Exhibit 45, # 6 Exhibit 6, # 7 Declaration of Vivek Subramanian, PH.D. in Support of Defendants' Motion for Summary Judgment of Noninfringement)(Fuehrer, Erik) (Filed on 12/21/2017) (Entered: 12/21/2017)

12/27/2017 151 BILL OF COSTS by Samsung Electronic Co., LTD, Samsung Electronics America, Inc.. Objections due by 1/10/2018. (Attachments: # 1 Declaration of Erik Fuehrer iso Samsung's Bill of Costs, # 2 Exhibit A to Fuehrer Declaration, # 3 Exhibit B to Fuehrer Declaration)(Fuehrer, Erik) (Filed on 12/27/2017) (Entered: 12/27/2017)

01/05/2018 152 NOTICE OF APPEAL to the Federal Circuit by Patriot Scientific Corporation, Phoenix Digital Solutions LLC, Technology Properties Limited LLC. Filing fee $ 505, receipt number 0971-12002288. Appeal Record due by 2/5/2018. (De Mory, Denise) (Filed on 1/5/2018) (Entered: 01/05/2018)

01/09/2018 153 OBJECTIONS to re 151 Bill of Costs, by Patriot




Scientific Corporation, Phoenix Digital Solutions LLC, Technology Properties Limited LLC. (Hand, Aaron) (Filed on 1/9/2018) (Entered: 01/09/2018)







Plaintiffs,

v.

HUAWEI TECHNOLOGIES CO., LTD., et al.,

Defendants.


Plaintiffs,

v.

ZTE CORPORATION, et al.,

Defendants.


Plaintiffs,

v.

SAMSUNG ELECTRONICS CO., LTD., et al.,

Defendants.

JUDGMENT

Case No. 12-cv-03865-VC







1-17-18


2

The Court, having granted the defendants' motions for summary judgment, now enters

judgment in favor of the defendants and against the plaintiffs in each of the above five cases.

The Clerk of Court is directed to close these cases.

IT IS SO ORDERED.

Dated: December 13, 2017

______________________________________

VINCE CHHABRIA United States District Judge


Plaintiffs,

v.

LG ELECTRONICS, INC., et al.,

Defendants.


Plaintiffs,

v.

NINTENDO CO., LTD., et al.,

Defendants.







Plaintiffs,

v.

HUAWEI TECHNOLOGIES CO., LTD., et al.,

Defendants.


Plaintiffs,

v.

ZTE CORPORATION, et al.,

Defendants.


Plaintiffs,

v.

SAMSUNG ELECTRONICS CO., LTD., et al.,

Defendants.

ORDER GRANTING MOTIONS FOR SUMMARY JUDGMENT


Re: Dkt. No. 139


Re: Dkt. No. 143


Re: Dkt. No. 140





1-17-18


2

The defendants' motions for summary judgment of non-infringement are granted.

The plaintiffs ("TPL") stipulated to non-infringement under this Court's prior

construction of the phrase "an entire oscillator disposed upon said integrated circuit substrate" as

used in the asserted claims of Patent No. 5,809,336. The Federal Circuit then made a "minor

modification" to that claim construction, holding that the proper construction of the disputed

claim term is: "an oscillator located entirely on the same semiconductor substrate as the central

processing unit that does not require a command input to change the clock frequency and whose

frequency is not fixed by any external crystal." Tech. Props. Ltd. LLC v. Huawei Techs. Co., 849

F.3d 1349, 1360 (Fed. Cir. 2017). In doing so, the Federal Circuit noted that its change to the

prior construction "likely does not affect the outcome in this case." Id. The Federal Circuit's

prediction was correct.

The parties do not dispute that the oscillators within the accused products operate as part

of "phase-locked loop" systems ("PLLs"). The parties agree that, in practice, these PLLs limit

the frequencies at which the oscillators at issue oscillate. See, e.g., Decl. of Dr. Vivek

Subramanian at 21, Dkt. No. 139-3; Decl. of Dr. Vojin Oklobdzija at 9-10, Dkt. No. 142-1. The

parties also essentially agree on how PLLs work: PLLs use a reference frequency, generally


Plaintiffs,

v.

LG ELECTRONICS, INC., et al.,

Defendants.


Plaintiffs,

v.

NINTENDO CO., LTD., et al.,

Defendants.


Re: Dkt. No. 157


Re: Dkt. No. 141


3

provided by an off-chip crystal oscillator, along with a programmable divisor to set the

frequency of the on-chip system clock. As a result, within a functioning PLL, the frequency at

which the on-chip oscillator oscillates is a multiple of the off-chip reference frequency. See

Subramanian Decl. at 17-20; Oklobdzija Decl. at 10; id. at 14 ("A PLL proportionally tracks the

reference frequency as closely as possible").

TPL argues that, even within the PLL, the accused oscillators infringe because they

experience frequency variations resulting from process, voltage, and temperature parameters for

which the PLL must correct. See TPL Opp'n Br. at 23-26, 30-31, Dkt. No. 142. Because the

oscillators are inherently responsive to these parameters, TPL contends, the accused oscillators

do not "require a command input to change the clock frequency." But, assuming that some small

frequency variations occur while the PLL is operating, these minor fluctuations do not constitute

the changes in clock frequency contemplated by the Federal Circuit's claim construction.

The record shows that, within a PLL, the accused oscillators operate at frequencies

comparably stable to those of crystal oscillators. See Subramanian Decl. at 28-33; Decl. of Erik

Fuehrer, Ex. 6 at 1217-26, 1480-83, Dkt. No. 138-16; see also TPL Opp'n Br. at 24 ("At most,

Defendants' testing shows that PLLs stabilize the output of on-chip oscillators . . . and that those

stabilized outputs are roughly similar in stability to a frequency output by a hypothetical

crystal."). TPL characterizes crystal oscillators as "fixed." See TPL Opp'n Br. at 2 ("A clock

signal generated from a crystal is a fixed-frequency signal that does not meaningfully vary based

on environmental conditions."); Fuehrer Decl., Ex. 2 at 4, Dkt. No. 139-6, ("Crystals are by

design fixed-frequency devices whose oscillation speed is designed to be tightly controlled and

to vary minimally due to variations in manufacturing, operating voltage and temperature").

There is thus no reason to consider any minor frequency variations occurring within a locked

PLL to be the changes in clock frequency identified in the Federal Circuit's claim construction.

See Tech. Props. Ltd., 849 F.3d at 1360.1

1 There is also no reason to think that the Federal Circuit intended to refer to differences between

the maximum frequency capabilities of one processor versus another in crafting the limitation


4

The record further shows that the frequency of the on-chip oscillator within the PLL will

remain stable, in the sense discussed above, unless and until it is changed by a command input,

namely, a change to the crystal that sets the reference frequency or to the value of a

programmable divisor within the PLL. See Subramanian Decl. at 20; Decl. of Marzio Pedrali-

Noy at 3-4, Dkt. No. 138-12; Decl. of Dr. Jaegon Lee at 6, 11, Dkt. No. 138-10. TPL has

provided no evidence to the contrary, nor has it provided a definition of "command input" that

would exclude inputs of these kinds. Cf. Oklobdzija Decl. at 12 (pointing only to the oscillator's

"fundamental characteristics . . . determined by physics and nature" as support for the notion that

no command input is required to change the clock frequency).

It's worth noting that, because PLLs inhibit frequency changes of any significance in the

absence of a command input, PLLs prevent the oscillators in the accused devices from acting in

the advantageous manner touted in the relevant part of the patent and recognized by the Federal

Circuit. The proposed benefit of locating the claimed oscillator on the same substrate as the

CPU is that the clock and the CPU can "automatically vary together," without requiring a

command input to change the clock frequency. Tech. Props. Ltd., 849 F.3d at 1360 (citation

omitted); Fuehrer Decl., Ex. 3 at 7, Dkt. No. 139-7 ("[T]he operational speed of the

microprocessor and ring oscillator clock are designed to vary similarly as a function of variation

in temperature, processing and other parameters affecting circuit performance"); see also

Oklobdzija Decl. at 7. The effectively simultaneous, corresponding changes in the frequencies

of the clock and CPU allow the CPU to run "at the maximum frequency possible, but never too

fast" given the process, voltage, and temperature conditions affecting the CPU. '336 Patent at

17:1-2, Dkt. No. 139-5; see also Fuehrer Decl., Ex. 3 at 7-9. Rather than allow the frequency of

the oscillator to vary freely with process, voltage, and temperature parameters as in the claimed

regarding command inputs and changes in clock frequency. Therefore, to the extent TPL contends that the practice of "binning," in which manufacturers sort processors based on their performance capabilities, is evidence that the accused oscillators can change frequency as a result of fabrication process parameters, not just command inputs, the argument is not persuasive.


5

invention, the PLL controls the frequency at which its component oscillator oscillates so that its

frequency does not track changes in these parameters. And, as mentioned, the undisputed

evidence shows that the PLL does so very effectively, such that any changes in frequency

resulting from operational parameters are all but imperceptible.

In its papers and through its experts, TPL makes an alternative argument (although

counsel for TPL seemed – wisely – to disavow it at oral argument). The argument is that what

matters is not how the accused oscillators operate within a PLL, but whether the accused

oscillators in isolation meet all the claim limitations. See, e.g., Oklobdzija Decl. at 13 (stating

that the relevant testing to determine infringement "would need to measure the [voltage-

controlled oscillator's] frequencies with PLL circuitry disabled so that the VCO frequency

changes in response to temperature were not masked by PLL intervention."). But the accused

oscillators don't operate in isolation in the accused devices, they operate within the tightly

controlled framework of the PLL. Given the claim limitations at issue and the construction

provided by the Federal Circuit, TPL cannot defeat the defendants' summary judgment motions

simply by asserting that the accused devices hypothetically could infringe if altered. In other

words, that the accused products all situate the on-chip oscillator within a PLL matters for

purposes of determining whether those products infringe, because the PLLs affect how the on-

chip oscillator's frequency is determined; the PLL circuitry is not simply an extra element added

on to an infringing device. See Outside the Box Innovations, LLC v. Travel Caddy, Inc., 695

F.3d 1285, 1305 (Fed. Cir. 2012) (per curiam) (concluding that the addition of plywood to a

fabric panel was not merely a feature added on to an infringing device but a "material change"

such that the accused product did not infringe the claimed "flexible fabric . . . panel"); High Tech

Med. Instrumentation, Inc. v. New Image Indus., Inc., 49 F.3d 1551, 1555 (Fed. Cir. 1995)

(holding that a patentee was unlikely to succeed in proving infringement where, to infringe,

"[t]he original and intended operating configuration of the device must be altered" by loosening

screws fixing the accused camera in place); see also Accent Packaging, Inc. v. Leggett & Platt,

Inc., 707 F.3d 1318, 1327 (Fed. Cir. 2013). The question is not whether the accused oscillators


6

could infringe in theory, but whether there is any dispute about whether they do in fact.

In sum, TPL has not put forth evidence sufficient to raise a question about whether the

oscillators in the accused products require a command input to change the frequencies at which

they oscillate. The record shows that, unlike the free-running oscillators described in the patent,

the accused oscillators are situated within PLLs that hold their frequencies effectively steady

until they are changed by a command input. Because it is clear that the accused devices require a

command input to change the clock frequency, they do not meet "each and every limitation" of

the asserted claims. Cross Med. Prod., Inc. v. Medtronic Sofamor Danek, Inc., 424 F.3d 1293,

1310 (Fed. Cir. 2005). Summary judgment for the defendants is appropriate, and there's no need

to discuss whether the accused oscillators are "fixed by any external crystal," although it seems

likely that TPL would lose on that question as well. Tech. Props. Ltd., 849 F.3d at 1360.

IT IS SO ORDERED.

Dated: December 13, 2017

______________________________________

VINCE CHHABRIA United States District Judge


united states court of appeals for the federal circuit … · see fed. cir. r. 47.3. •...

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