to understand the background here when we were taking discovery we learned that this step go to find is dictation instantaneous notification to the remote device with the three process data  error alleged was providing this satisfying this element in the software running on those transceivers it's undisputed good will have nothing to do with present to the jury they did what they said they were going to do in discovery and so for example their expert testified quote so you agree that the receiver notified the c p u right ye and then finally to their expert admitted that the client software operating on these phones the android operating system has nothing to do with that notification status as after that's operating to turn the good claim destruction argument ok i will your honor thank you we have proposed the court your honor that the construction for this phrase  receive notifications through the receiver even went offline from the data channel it says more than that but it says that well that means the receiver different from the data channel higher this phrase is added eight years later after the application the original phrase was just online or offline period full stop and the specification only discloses that you're online or offline it's not talking about data channels it's not talking about online or offline data challenged so we don't know but the way the court construed it was to remove the defense between the receiver in the days channel which is the very was that you had to physical pipes if your one pipe is and i'm using pipes to refer to wireless or wired connections physical connection you have to physical connections and if one of them is offline you can still get notifications or the other that's the invention and what the court did was it race that invention and said you could have one pipe did challenge referring to some sort of lot of he didn't define did camera cursive in the and you and the and the use of data channels like a logical session instead of physical pipe there is nothing in the specification that describes that and if you look at for example  of life simple air trying to show where that is every place they cite is point to something other than there is one place that might be relevant but every other place is referring to other aspects of the technology here so they cite the thirty one twenty five to thirty one which refers to quote very short notification centric messages such as news headlines dot dot dot are transmitted to the computer which can then make a vote connection twenty four that that line twenty born of a year make a connection back to the source twelve to obtain more detailed information that talks about the physical pipe one of the that's one of the t pipes but it does not talk about a data channel it doesn't talk about online or offline from the data channel none of that is talked about we agree with your argument that if the district court clearly erred sticking it in there changes how and on and we're fine if we get the construction we want there's no dispute that we don't have two cards and you know that you wouldn't even need a reminder if the correct instruction was put in place thank you very much there so this is a we believe that mike the microsoft settlement is a laser gun and that situation is like a laser gun and it's case there are multiple other license agreements that weren't that weren't to the patent about to be tried or not their expert was drafting his expert document or a court date on the microsoft settlement wow the microsoft time it was being negotiated is submitted it two days after  science and this is exactly like laser guided hammocks were on the eve of trial microsoft was facing imminent trial here's something that's really unusual in all of their other lot of litigation settlement agreements there was no allocation but in this settlement agreement microsoft agreed to allocate the vast majority of money can't see the numbers to the nine one fo a very interesting question your honor and i am glad you asked that because i'd like to say something about that there's going to trend because of the development in this court on damages law that damages experts  many many different theories and it's clear the reason they're doing that is because the defendant have to shoot down all of them and the plaintiff will take the position if there's one left standing the jury could relied on it and therefore therefore  the damages verdict still fans this is a problem and i have a suggestion for the court on how to solve it which is we should require in those instances a special sixth form that list each of the fears and  your required identify that would solve that problem your honour's about i don't think we need to read that today or any damage of issues today because it's very clear on the merits  construed two separate phrases one was data channel the other was the online or offline frames the only challenge below and indefiniteness was to the data channel a turn on and the only challenge was that well there are moldable ordinary means and the experts disagree upon it there was not a challenge that one could not determine what the meaning of data channel was and in fact the other side the expert for both sides say that there are two ordinary means and we need to determine would have applicable here take a look at the the string together as provided by the experts describing those two ordinary meanings would apply serve the opposite they assert that the connection to the internet is something different than a data channel and they're right about that in the context of his patented data channel it's a connection back to an information source to get a particular category of information as a judge then there would be something to remand but it didn't turn standard and as a matter of war because they haven't appealed that david found instructions that resulted in death in this now they're raid i really internet the channel because the data channel that connection to an information source to provide that category or maybe not the internet no no your honor that if you just connect to the internet you would be connecting to a channel that would provide the specific subcategory of category information where do you define that i don't know where the find anywhere in the tablet and data channel or the subcategory of particular information well the concept of the handle is defined in the extrude six evidence is what a challenge in the context of internet broadcasting so why isn't the internet just like it says here in information stores what that what their phrase referred to is information sources on the internet that's what is actually for it to give we we know that from looking at the sources you express and stay in information stored in the internet or in an online service or any other information source that provides defeat or that we cannot link in the channel to me i don't i don't know why we need to move outside the permitted from ation source then we are in agreement but a day to feed is not a connection to the internet if you simply connect to the internet you're not connected online to a david channel you're connected online to be an on line to a data chair you have to be connected sources and then what it says is of the go to call thirty one it says that starting at a line of twenty four in accordance with the president mention very short notification centric messages such as news headlines and so on are sent over there to the central broadcast service so what we're going to do is we're going to take a headline from a data feed transmit data for comput devices in which the computing devices do the computer to make a wired connection back to the information source twelve to obtain more detailed information continue on that same call and don't want thirty nine it can go directly to the specific site that the information came from and then it lines forty seven to forty nine establishes connections twenty four to the user directly back to the location where the information is located is connecting the computer to this the for example call twenty three starting at line forty five there's a description of the user interface alert family and that carries over to call twenty four in fact most of twenty two this is just a panel which is going to receive notifications from these things you can click on and get a notification you also can use it to connect back to the now united's really distracting sultana you can always you can also use device and the question is who uses that device it's not the user that using it it's google that uses rules in c s system sets up a connection that passes through the receiver all the way to the computer device both microsoft and simple errors negotiators google played at trial what they felt was the relevant part of that deposition from microsoft and there was no evidence that that was occasional that was a allocation  both parties made that suited their both or interest in the reasoning it's important to microsoft side of things if they're ever faced with a certain percentage trying to compare this license to some other technology that in fact the one this one particular patent would be had at a certain amount assigned to it so that they could use that as that the appropriate comparable all sides agreed in that microsoft negotiation that that was the the property now for them below your honor they didn't assert that that fine your honor at best this becomes an issue for cross examination it's a challenge to a piece of data that was used by the expert in making one adjustment to for this for this comparable it wouldn't be something that would be a reason for scooting the entire testimony because the methodology is correct we're taking a comparable we're making appropriate adjustments and the proper types of adjustments a challenge to the data using the judgment is not a proper issue of where those back descriptions of this construction of gaited scandal i think that we can see that for example in column seven they're not even talking about the notification or or or any any connection to the remote computing device they're pointing to the connection between the information source and the central broadcast server that's what that column is talking about saving would call them sex is talking about the data  connection to the c d s not talking about any connection did nothing to do with that connection and when you look at thirty one which they point to is talking about a wired connection back to the information source and it's specifically talking about the pipe it's a wired connection back which is totally consistent with the construction in your honour's or intimating at that online or offline period is what the specification is talking about and secondly on this site this is not part of the plane down meant either the claim down is don't the spec talks about you can go back to that after you get your notification and use twenty four line twenty bore physical type but that's not part of the claim language decline language is if you're off line from line twenty four there's another way to get that notifications with the paging service on the other side if you look at the bigger one