preclude denied a fair trial to the plaintiff because it ruled on summary judgment incorrectly that two terms were construed in a way to find out infringement notification reachin and then the term cordoning and misapplied them to the undisputed facts of of our system of the accused system let me turn first to be the problem here with absolutely simply the maneuvering point or whatever you want to call it but also anything near the maneuver point or the dropping of that you seem to be attacking the near issue and it wasn't clear to me that that's really what the difficult i thought i  question or because i wanted to make a point anyway there was a false factual premise in where the district court went wrong in its in its claim construction and that was that the driving of fantasy self hate point and therefore the court said when you have the maneuver point in the system's square on the driving event point you know that stood it and that was the court's view and that's what excluded that but if you look look at the g m brief page twenty four the read read i think you'll see where the district court i don't wrong or right and you understand what i'm saying in this case twenty four is inaccurate in one respect attempts to be attorney argument on what week sample in the path chosen and we'll get to that but the important point to twenty four is g m correctly it one thing and that is they distinguish between the new  but putting that aside the district court basically construe that claim to in her mind specifically except these two systems because she believed that they are right at par with her construction to and that gives to the whole point here there's nothing in either the fire history or the specification to support that exception that exclusion that the district court made and we know that the purton that statement specification to be a disclaimer it's got to be short clear intention to exclude something now there is nothing in the specification that talks about maneuver point five that's really a the defendants have can't do that so they have to select a point to coordinate and it is near and even if it were pat our position you know if hypothetically would work  ting it's obvious that better late than never satellites are not satellites it's not perfect if you're in new york city and you have a cell phone like thrives in system you may not get the satellites because skyscrapers so you may be driving while in and in the satellites not reading the idea of the notification region and this is the point but you know that the change doesn't solve the problem here it could be atmosphere it could be just erickson data it could be some tall buildings these things aren't perfect so you can't just rely on a single point you have to have a got the warning it all worked worse off and if you get it real plus when you talk about the region really focus in on the language from the claim it's concerning me  saying is that the reality of this technology is such that you don't have such lines or points you have regions if you know your honor that we're in substantially correspondent in the   it seems to me that well to cut to the chase here i know it's not clear to me how the defendants devices seem to down notification satellite is downloading the segments going from a to b that's all done by the server and it's sent to the car it's presumed that you when you are on the rug in other words the circle implies that you are just totally you know in outer space is sumption at all the systems this practicality you're on the road if you're on the road to the offset defines a specific point to what you're really saying is it may be that a scalar plus a specific coordinate cartesian coordinate point do not define a region in two dimensional space but they do in one dimensional space and you're talking about one dimensional space here region to the right and then the two points at the end you have a notification region and that's how both their systems work so i'm glad i knew let's have the systems work the question that explain because your claim require more than what they are down that's that's where that's what's difficult ok orkney requires this we download a region defined by at least two co provide the location of a point and then it went on it said kind of a another interpretation of that it said well that means that a quarter past the park and take gadar and that's the court's construction together they provide the location of a point now you have that distance offset what's the partner that provides the location of the point it's the location of the maneuver point because you only sometimes only can't be right it has to be what the partner has to be the fact that you're talking about one dimensional space but because remember point doesn't know anything about the exact location of the point the other point that these systems assume you for example you get the third segment your honor the assumption here is you already did the first and second segments crutchley you were in the right place when you start that next segment otherwise the whole system's pretty don't make any sense so think about that you're in the right place or on the road and your system says ok when you are for example six hundred metres from the roof record nick we're going to allow the warning to be given that's an infringement that's all a clear class because you have two coordinates that the current here is the is the offset the other point it helps to respect to that function of being a notification order that i think the emphasis has to be placed upon the second time that the terms show up in the  specifically that there's an automatic provision of and the next segment of the location of the mobile unit substantially corresponds to a notification or in defining the notification region associated with that segment so the claim is actually crafted in terms of correspondence between the mobile unit location and a notification  that's very important couple of ways first off this idea that the driving that maneuver but it's it's one in six our system is the same form a new point is that driving event it can't be the place to provide notification and that's very specific because we haven't the specification language that tells us this in the specifications course it talks about the driving it and  being only in your proximity to notification court because the notification order that has to be in near proximity to end up coming driving in fact the notion being at something in advance of that point it's too late as a as the as the judge pointed out in the system to have one of your notification sort of defining the very point that you should have turned that's just simply  itself also the second clause talks about why things have to be important how do you compare things that are not themselves or location but your honor pointed out the scalar can't compare anything at that in terms of how that term is used in the specification again if we if we go to the specification and i and i refer you to a sixth of this year or call them twenty nine  two things now this is also consistent with the usage of the specification where they talk about one of the virtues here is that you independently can determine where you are because the notification put the coordinates according to a two one nine one and a two to five three and five for talk about the of kish coordinates are independently set up they're not in terms of any geographic specific point like an long whatever you want to use for that and that's the way the claim way which is set out that it's consistent with that throughout but one thing that this notification poured into cannot be i that in the point that's very consistent with the specification this isn't the case that we require disclaimer on as we put out an order if h thirty three of our opposition prefers that this isn't we don't need we don't need a standing inside there well but your honor i think i think i'd give you the example of give you a personal space i can i to be in proximity to you but i can't be that no notification which occurs in the immediately before the driving event arrives seems to me it's questionable i mean if there were some reason that the system was failing to give me notification when i first came into the region i would still want to know i mean a failure of the g p s system transmitter whether i would still want to know as i approach very closely to the intersection one where i was supposed to turn that i was supposed to turn even though i may be only ten feet from the place i'm such a turn rather than being given radio silence says i fly by there in the intersection well that's interesting because our system doesn't provide that cation does or doesn't does not does not because it never is a trigger for any notification of that said that that's upcoming in any sense as a matter of fact or a maneuver point it isn't a notification it doesn't get notification like that at all so this is this is kind of interesting because if you really look at our system it's a real time system it's nothing that's coming down loaded to real time system that's doing calculations on the fly constantly comparing the position of the cel it is not used in most instances it's a matter of fact the phone takes that is one thing right but all the minutes instruction distance does sometimes is suppress the giving of the notification because they think it's too early i understand  notification with respect to your idea on the region that's something we picked up on i don't i think a region is something more than talking about a scalar and a new for point at which we only continue to point can be one of the two notification work i've only a few points i'd like to make your honour's first of all the g m on star system operates in the same way as the system just described for the rising nothing occurs to maneuver point there's no notification nothing  it is in fact downloaded but it is not used in the g m on star system to provide any form of notification the offsets are scalars just in the sense that they were describing mr last go the offsets are used to calculate in the vehicle the timing of the notification it's not the basis for the notification the vehicle has information that in all speak will speed estimated time to arrival at the driving ban based on that the terms when to make the they take this notification region being one hundred feet in advance and they are reading into that things that just don't exist first of all it doesn't say anything about the location of the notification it talks about the location of the region but there's nothing in that languages nothing in that sentence that says where a notification worked it needs to be it doesn't say anything it's definitely doesn't say that the maneuver hornets being in near proximity to the upcoming turn or exit so it also doesn't say anything about the shape they want to say that that specific embodiment as they call it defines a region of one hundred feet from one hundred feet out to the maneuver point it doesn't say that doesn't say that anywhere in that language it doesn't say that the shape s to be an area doesn't have to be a line they are reading in words into this one and the surface there was a very big dispute in the district or about whether the patent actually described how to do that and we say it did not in fact our expert in the statements that they quote in their reply was providing his opinion that that coordination of the vehicle to the road is not taught in this patent at all that's actually call to very complicated process called me happy matching there's a new map that new process at the time that this application was interpreted not as the scale or the offset being on the road when in fact their patent can even support that it doesn't teach how to do that so you can't think turbot those claims from an enablement perspective to cover the road really all you do have is the circle as judge bryson aptly pointed out at the very beginning that's all you know here the vehicle can be approaching from any direction and will get the same instruction with their system with the claimed invention it'll say turn left on main street but what if you're coming from the opposite direction you'll still get the notification one hundred feet out because they can't tell you that you're on the road they want to assume that you're in segment two three or four or five but what about the first segment the first segments got to get on the road and they can't do it so i just want to emphasize that the g m system the soul and body i'm sorry in the cheat him system the again used for notification purposes and the offset is also only as you point out a factor but is not that inter meeting factor as the claims require police to be substantial correspondence to a notification ordinance that doesn't say a notification coronet plus a lot of other stuff that's in the vehicle the claim says substantial correspondence to a notification corbet which means any notification coordinate and in fact i don't think you want to know at the honor there's a misunderstanding in the claim construction by the defendants notification corden it does not is not defined even by the district court as that which provides notice yes the word notification is there but the and pass one of these court dates to get into the region and that's it with the maximum instruction distance guys he's right it suppresses the warning outside that's why it's a notification reached you can't get notification outside of that region i do normal circumstances and there are two in their systems and that's why what they download is all you need to meet the plane yeah you can you can adjust where we can in the region which a nym does very well you get that ring but in the region that is defined by what standard now mr up lou suppose said you have to trigger at the maneuver point well first of all you don't the claim doesn't say pinching every coordinate has to trigger it just says a coordinate must substantially correspond to the maneuver to the yellow unit doesn't say each and every the reading that it but even if it did trigger at the maneuver point he says  going down the freeway well he knows that he used to this is his device it's not austar like it's in a car you can walk with jesus i walked with the other night and it triggered just as i was getting the k street said turn left