reflected or eight point two five percent rate how do you how do you respond to that because there seems to be a number of statements in the extra report itself for example a page a applied in those license agreements was point twenty five percent to calculate the lump sum and how do you respond to that conclusion of the district court i think that's more important the role evidence points or so is one of the other pieces of evidence that the expert look that was the actual demand l five percent to be the effective rule to which people are great and that that seems to be inconsistent with your view no i think it's perfectly consistent so the records of the really try to i'm packing it that way as opposed to as to opposed to the methodology that was used by most of the why isn't there a methodology that could have been used but he didn't use absolutely i understand let me ask you something else i just want to ask you about i have a question about the discovery issue probably discovery of the damages theory what is the downside to a pattern owner when this amount but we reserve our rights to update that when additional discovery is provided or we have more opportunity to review the discovery why i mean in this case in particular where most of the  documents that you're relying on for that point twenty five percent come under thirty your own documents so i'm having a hard time seeing the downside of you being required to provide specific earlier in the  also universally holds that parties must disclose the evidence and positions that they will advance a trial absent following those basic rules the litigation process devolves into chaos and that's essentially what happened here and that's what led judge and seventeen to make leaders that those kinds of damages disclosures have to be done why does the outset current rule twenty six a one a three requires that your initial disclosures include those kinds of information and the policy there is very clear that will we want parties to know far in advance of committing significant resources to a case what's at stake it informs the settlement discussions and informs the resources that will be devoted to a case is the down side is is nonexistent frankly it only requires that the parties do the homework that they should have done prior to bringing the case if they may have been sourced from rd parties so i don't want to overstep the t g was a predecessor an interest to see and so the exact genesis of the documents is less clear but they certainly were in the pos of and they'll see in the latter part of two thousand and eighteen when they sat for their thirty six deposition when the c e o and general counsel then the c sat for that deposition they had long been in the possession of the mill c and so when he told us affirmatively that not only did they not have any facts to inform the royalty rate in particular with respect to the hynix and toshiba agreements that form so much of their case he said that  properly what you wind up with is an overly inflated royalty base that is then permits the damages expert for the plaintiff to come up with an eminently reasonable will to rate you know a fraction of a percent but because the royalty base has been has been overstated it it in the being inflated damages number so the two degrees of freedom are are there you can you can adjust one is a simple calculation of the end of the day rate times base equals damages but if you don't properly apportion the will to base you get that overly inflated effect that for next cautions against and actually goes on to suggest that it is up essentially swallowing the entire question is that the there is no evidence to show that claim thirty which is the only claim that issue here and in any way shape or form or flex the entirety of the s s p u p p u what the already talked about is a simple programming sequence where reference voltages are used in a multilevel that is a part of the operation of these devices today no doubt but a very small part  not only have to program them you have to read them you have to race them these devices are a little unique in the semiconductor world in that they wear out fairly quickly a statistically significant number of them failed with every with every operation and so error correction and something to wear leveling are critical components and that was that was set forth at length in our suggestion and if you as a turn quickly to page fifty two the blue brief i don't see a citation to to the rx for to any source of evidence now but i guess i do see more than one thing that's interesting is your statement that you're just