morning the first case this morning is zero six one three one two thirteen forty three mitutoyo corporation v center purchasing mr f signal right you think those two things are different that what they're generated from the same clock right they come from the very same sort they head and while they may be different in frequency and amplitude in a number of different variables they're not different in phase at there at the time when they're going to be compared and your block diagram was very helpful to me and the time to be compared in the detecting and counting area their face has to be the same has to be right because if it's phase position if those phases are the same why are we worried about whether or not there's a conversion that's not part of our claim here our claim is just worried about phase position well it's a nice difference between a it does not say there needs to be a direct comparison between those two signals with the said you need to determine faces ition by figuring out the displacement in time between those two signals so why can't you use a proxy if we know the phase is identical between the proxy and the receive signal and use a proxy between the supply electrode signal and your resultant square wave signal the amount to which the receive signals displaced relative to the supply electrode signal that they then go with it says to me is you need to know that and the phasing or how much displacement there is in time between these two positions but it doesn't say you have to necessarily use these two signals if you have a proxy signal that has leaves act same phase that guaranteed to have the same phase why can't we use that why isn't that the same where i  read the words direct comparison into this and the claim construction doesn't say that as they feel a bit too by the parties either it just says you've got to figure out the displacement in phase between these two signals it doesn't say you need to do a direct comparison so you would like to reword that claim construction as we know if we know for certain that the reference signal has the same phase in the claim construction says this place or shifted in time relative to a supply to a supply electrode signal on the if we know what we're getting at is the phasing goal and it says use the phase of the supply electrode signal and we know that phase is identical to the phase the reference ignores i guess i just don't see that that isn't consistent with this  dangers we believe that we did not appear reasonable men on the images and they still do not know how could you get lost profits let along with this higher reasonable royalty when the prices on the products are so different they're obviously dealing in an entirely different market segment how could you show you would have made every single sale at a high different price but first off we're not going off on every single sale we're going because there's a niche and this is you know my cooler work and if someone wants to buy it is ok for that reason that they're selling to people who work in their home doing home repairs you're selling to rocket scientists what is the same what's the conclusory they show no electricity in demand whatsoever which is exactly what the trader is saying there's no evidence in this record that people who bought the forty dollar one would have bought the four hundred dollar one except for some conclusory testimony record the demand curve for these products in an active manner because how can you do an economic analysis without i think that's what judge moore just asked you because there you will you want just an the kind of different kind of different features so you have if you're selling on the upper end of that market they're selling the forty dollar mitta toys you're right there you're why are they going to buy an expensive one when they reasonable royalties they always say we would never offered we would have never taken a royalty that isn't the question as to whether or not you would have taken a royalty or not the question is given that you have to you're still above it right so you're raising some kind of concern right out of the back and then the question is do you have adequate record to show demand curves says no that well yeah those products the question is should it be the lesser amount that central sells of the harbor freight or the greater amount which is what harbor freight retails them for and i think our allan archery case is the closest on point i was able to find and in the allen archery case where we did a worth the higher rate it was because it was apparent subsidiary there were several distinctions between this case and that one and so i'm just trying to understand because it's a one point six million dollar difference in the real well  him to what is not a very good clean construction for them and i don't understand why but i don't know the strategy behind when you make your decisions you know i don't blame you just so i understand though and i do understand a direct comparison and this is not a supply electric signal but you