PAGE 7: Featherstone asked what the definition of flash memory is with respect to the 774 patent. Yungwirth objected but don’t remember why. Judge OVERRULED him. Mihran answered in his opinion, flash memory is the main memory. This is what the defendants are arguing in construction claim 1 and they got Mihran to say it as an expert. This hurt us since the court does recognize him as an expert.

Featherstone asked Mihran another question (can’t remember what it was) and Yungwirth objected saying Mihran is testifying about the legalities of the 774 patent. Judge SUSTAINED. I think she said Mihran couldn’t analyze intrinsic evidence such as USPTO documents and testify to them. Featherstone stopped line of questioning.

Featherstone asked how Mihran prepared for this case. Mihran said he first read the patents thoroughly, also read USPTO examiner’s documents. Asked Mihran if he also read the 737 patent prosecution history and he answered yes. Featherstone asked to admit Exhibit 4 into evidence (as the parties agreed to on page 1 of my report). Yungwirth has no objection to this so judge admitted it. Exhibit 4 is the prosecution history of the 737 patent.

Recess at 2:35. Back in session at 2:48.

Mihran was asked about the Schroder patent cited in the 774 as prior art. Asked if he read the definition of flash memory in the Microsoft (MSFT) Dictionary. Answered yes. Asked if he read other definitions in the MSFT dictionary. Answered yes. Yungwirth objected (don’t remember why) but the judge OVERRULED him. If I wrote it down correctly, Mihran was basically saying Norris got around the MSFT definition of flash memory by saying, “Flash memory is main memory”. Hopefully Profundo can help me out here.

Featherstone asked about claim construction 2 and how it relates to defenses’ claim construction definition. Yungwirth objected to Mihran testifying about defendants claim construction proposal. Was busy writing and didn’t hear judge’s ruling. Profundo???

Featherstone asked Mihran if he thought a device using the 774 patent could have memory other than flash memory. He actually answered YES and there was a quiet pause in the courtroom. Then he added if by other memory you include such things as registers, latches, buffers, etc. He didn’t say RAM was one of the other memories.

Featherstone finished questioning Mihran around 3:15pm. Yungwirth started cross-exam at 3:19pm. (CONTINUED)