Case 3:11-cv RBD-TEM Document 334 Filed 09/12/13 Page 1 of 33 PageID 13215

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1 Case 3:11-cv RBD-TEM Document 334 Filed 09/12/13 Page 1 of 33 PageID PARKERVISION, INC., IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION Plaintiff, Civil Action No. 3:11-cv-719-J-37TEM vs. QUALCOMM INCORPORATED, Defendant. PARKERVISION, INC. S TRIAL BRIEF ON ISSUES OF LAW McKool v8

2 Case 3:11-cv RBD-TEM Document 334 Filed 09/12/13 Page 2 of 33 PageID TABLE OF CONTENTS I. INTRODUCTION...1 II. ARGUMENT AND AUTHORITIES...1 A. Qualcomm Willfully Infringed The Patents-in-Suit By Acting Despite An Objectively High Risk That Its Actions Infringed A Valid Patent Qualcomm knew of ParkerVision s energy transfer sampling technology and possessed prototypes that embody the Patents-in-Suit Before it began infringing, Qualcomm had actual knowledge of the Patents-in-Suit Qualcomm concluded after due diligence that ParkerVision s patents are valid and that use of energy transfer sampling technology without a license would infringe Shortly before infringement began, Qualcomm revisited the ParkerVision approach....6 B. Qualcomm Cannot Meet Its Burden To Establish Laches Because ParkerVision filed suit less than six years after Qualcomm s accused infringement began, the presumption of laches cannot arise Qualcomm cannot show unreasonable delay upon discovering infringement, ParkerVision filed suit within one year Qualcomm has not suffered any material prejudice...14 C. To Establish Equitable Estoppel, Qualcomm Must Show Reliance On Misleading Conduct ParkerVision consistently demonstrated to Qualcomm that it intended to enforce the Patentsin-Suit Qualcomm cannot demonstrate reliance on a misleading statement Qualcomm suffered no material prejudice...19 PARKERVISION, INC. S TRIAL BRIEF ON ISSUES OF LAW i McKool v8

3 Case 3:11-cv RBD-TEM Document 334 Filed 09/12/13 Page 3 of 33 PageID D. Qualcomm s Cannot Meet Its Burden to Overcome Presumption of Validity of the Patents-in-Suit Qualcomm cannot meet its burden to prove that any Asserted Claim of the 551, 518, 371, or 342 Patents is invalid as obvious Qualcomm cannot meet its burden to prove that any Asserted Claim is not properly enabled Qualcomm cannot meet its burden to prove that any of the Asserted Claims are indefinite...23 E. ParkerVision Intends To Brief Injunctions At A Later Date III. CONCLUSION...25 PARKERVISION, INC. S TRIAL BRIEF ON ISSUES OF LAW ii McKool v8

4 Case 3:11-cv RBD-TEM Document 334 Filed 09/12/13 Page 4 of 33 PageID TABLE OF AUTHORITIES CASES Page(s) A.C. Aukerman Co. v. R.L. Chaides Constr. Co., 960 F.2d 1020 (Fed. Cir. 1992)... passim Adv. Cardiovascular Sys., Inc. v. SciMed Life Sys., Inc., 988 F.2d F.2d 1157, 1162 (Fed. Cir. 1993)...9 Andrew Corp. v. Gabriel Elecs., Inc., 847 F.2d 819 (Fed. Cir. 1988)...24 Apple, Inc., v. Samsung Elecs. Co., Case No. 11-CV-01846, 2013 U.S. Dist. LEXIS (N.D. Cal. Jan. 29, 2013)...25 BJ Servs. Co. v. Halliburton Energy Servs., Inc., 338 F.3d 1368 (Fed. Cir. 2003)...22, 23 Bristol Co. v. Bosch Rexroth Inc., 758 F. Supp. 2d 1172 (D. Colo. Dec. 27, 2010)...15 Creative Internet Adver. Corp. v. Yahoo! Inc., No. 6:07-CV-354-JDL, 2009 U.S. Dist. LEXIS (E.D. Tex. July 29, 2009)...11 Creative Internet Adver. Corp. v. Yahoo! Inc., No. 6:07-CV-354-JDL, 2009 U.S. Dist. LEXIS (E.D. Tex. July 29, 2009)...7, 13, 14 Deere & Co. v. Bush Hog, LLC, 703 F.3d 1349 (Fed. Cir. 2012)...24 Eastman Kodak Co. v. Goodyear Tire & Rubber Co., 114 F.3d 1547 (Fed. Cir. 1997)...13 Energizer Holdings, Inc. v. Int l Trade Comm n, 435 F.3d 1366 (Fed. Cir. 2006)...25 Exxon Research & Eng g Co. v. United States, 265 F.3d 1371 (Fed. Cir. 2001)...24 Fashion House, Inc. v. K Mart Corp., 892 F.2d 1076 (1st Cir. 1989)...10 Gasser Chair Co. v. Infanti Chair Mfg. Corp., 60 F.3d 770 (Fed. Cir. 1995)...11, 15, 16 Geo M. Martin Co. v. Alliance Mach. Sys. Int'l, LLC, 618 F.3d 1294 (Fed. Cir. 2010)...19 PARKERVISION, INC. S TRIAL BRIEF ON ISSUES OF LAW iii McKool v8

5 Case 3:11-cv RBD-TEM Document 334 Filed 09/12/13 Page 5 of 33 PageID Haemonetics Corp. v. Baxter Healthcare Corp., 607 F.3d 776 (Fed. Cir. 2010)...23 Hall v. Aqua Queen Mfg., Inc., 93 F.3d...16 Hemstreet v. Computer Entry Sys. Corp., 972 F.2d 1290 (Fed. Cir. 1992)...15, 16 Honeywell Int l, Inc. v. United States, 609 F.3d 1292 (Fed. Cir. 2010)...23 i4i Ltd. P ship v. Microsoft Corp., 598 F.3d 831 (Fed. Cir. 2010), aff d 131 S. Ct (2011)...2 In re Seagate Tech., LLC, 497 F.3d 1360 (Fed. Cir. 2007) (en banc)...2 In re Wands, 858 F.2d 731 (Fed. Cir. 1988)...22, 23 Innogenetics, N.V. v. Abbott Labs., 512 F.3d 1363 (Fed. Cir. 2008)...20 Invitrogen Corp. v. Clontech Labs., Inc., 429 F.3d 1052 (Fed. Cir. 2005)...22, 23 Izume Prods. Co. v. Koninklijke Philips Elecs. N.V., 315 F. Supp. 2d 589 (D. Del. 2004)...16 Johns Hopkins Univ. v. Cellpro, Inc., 152 F.3d 1342 (Fed. Cir. 1998)...22 LNP Eng g Plastics, Inc. v. Miller Waste Mills, Inc., 275 F.3d 1347 (Fed. Cir. 2001)...24 Medichem, S.A. v. Rolabo, S.L., 353 F.3d 928 (Fed. Cir. 2003)...20 Meyers v. Asics Corp., 974 F.2d 1304 (Fed. Cir. 1992)... passim Meyers v. Brooks Shoe, Inc., 912 F.2d 1459 (Fed. Cir. 1990)...10, 14 Mformation Techs., Inc. v. Research in Motion Ltd., 830 F. Supp. 2d 815 (N.D. Cal. 2011)...7 PARKERVISION, INC. S TRIAL BRIEF ON ISSUES OF LAW iv McKool v8

6 Case 3:11-cv RBD-TEM Document 334 Filed 09/12/13 Page 6 of 33 PageID R2 Med. Sys. v. Katecho, Inc., 931 F. Supp (N.D. Ill. 1996)...13, 14 Seattle Box Co. v. Indus. Crating & Packing, Inc., 731 F.2d 818 (Fed. Cir. 1984)...24 State Contr. & Eng g Corp. v. Condotte Am., Inc., 346 F.3d 1057 (Fed. Cir. 2003)...15 Ultimax v. CTS Cement Mfg. Corp., 587 F.3d 1339 (Fed. Cir. 2009)...13 Union Carbide Chems. & Plastics Tech. Corp. v. Shell Oil Co., No. 99-cv-274, 2004 U.S. Dist. LEXIS (D. Del. June 9, 2004), rev d in part on other grounds, 425 F.3d 1366 (Fed. Cir. 2005)...12 Wanlass v. Fedders, 145 F.3d 1461 (Fed. Cir. 1998)...9, 10, 12 Wanlass v. GE, 148 F.3d 1334 (Fed. Cir. 1998)...9, 12 Wellman, Inc. v. Eastman Chem. Co., 642 F.3d 1355 (Fed. Cir. 2011)...23 WMS Gaming Inc. v. Int l Game Tech., 184 F.3d 1339 (Fed. Cir. 1999)...2, 19, 20 STATUTES 35 U.S.C. 103(a) U.S.C PARKERVISION, INC. S TRIAL BRIEF ON ISSUES OF LAW v McKool v8

7 Case 3:11-cv RBD-TEM Document 334 Filed 09/12/13 Page 7 of 33 PageID I. INTRODUCTION To aid the Court in resolving the questions of law that it must determine after trial in this case, ParkerVision respectfully submits this trial brief. The Court is tasked with the following issues of law: (1) if the jury concludes that Qualcomm willfully infringed ParkerVision s patents, whether such infringement was objectively willful; (2) if the jury concludes that ParkerVision s Patents-in-Suit are invalid as obvious, the Court decides the ultimate legal question; (3) if the jury concludes that ParkerVision s Patents-in-Suit are invalid for lack of enablement, the Court decides the ultimate legal question; (4) the issue of invalidity for indefiniteness; (5) Qualcomm s defense of laches; and (6) Qualcomm s defense of equitable estoppel. 1 II. ARGUMENT AND AUTHORITIES A. Qualcomm Willfully Infringed The Patents-in-Suit By Acting Despite An Objectively High Risk That Its Actions Infringed A Valid Patent. Qualcomm s infringement of ParkerVision s patents was no accident. On the contrary, Qualcomm had specific knowledge of these patents as a result of negotiations with ParkerVision in 1998 and 1999 and had been concerned enough about the patents to conduct detailed investigations into their validity and scope. Qualcomm s engineers reached the conclusion that ParkerVision had invented something distinct from the prior art: After reading all the references provided by Seyfi, I think PV is doing something different. Ex. 1. Qualcomm s engineers further concluded that ParkerVision does have at least an element of the holy grail & patents to protect it. Ex. 2. But Qualcomm chose not to make a deal with ParkerVision, thinking it could save money by developing something itself: If we can achieve the same without PV, why give PV free money. Ex. 3. After years of failed efforts to duplicate ParkerVision s results, Qualcomm decided to simply appropriate the technology that it knew full well that ParkerVision had patented. In 2004, Qualcomm s engineers internally decided that they would go over parker 1 As reflected in the parties Pre-trial Statement, the parties request that the Court receive evidence as to Qualcomm s defenses of laches and equitable estoppel outside the presence of the jury. The parties propose presenting evidence on these issues while the jury retires to deliberate. McKool v8 1

8 Case 3:11-cv RBD-TEM Document 334 Filed 09/12/13 Page 8 of 33 PageID vision [sic] approach and see if we can make it work. Ex. 4. Such conduct is classic willful infringement. To prevail on an assertion of willful infringement, the plaintiff must prove (1) that the accused infringer acted despite an objectively high likelihood that its actions constituted infringement of a valid patent ; and (2) this objectively-defined risk... was either known or so obvious that it should have been known to the accused infringer. In re Seagate Tech., LLC, 497 F.3d 1360, 1371 (Fed. Cir. 2007) (en banc). The first prong asks the Court to make an objective determination regarding recklessness, leaving the ultimate legal question to the Court. Bard Peripheral Vascular, Inc. v. W.L. Gore & Assocs., Inc., 682 F.3d 1003, 1008 (Fed. Cir. 2012). The Court s objective determination entails an assessment of potential defenses based on the risk presented by the patent. Id. The mere fact that a defendant presented several defenses at trial, including noninfringement and invalidity, does not preclude a finding of willful infringement. i4i Ltd. P ship v. Microsoft Corp., 598 F.3d 831, 860 (Fed. Cir. 2010), aff d 131 S. Ct (2011). The second prong of Seagate requires the jury to focus on a subjective inquiry: whether this objectively-defined risk... was either known or so obvious that it should have been known to the accused infringer. Seagate, 497 F.3d at A finding of willful infringement is evaluated in view of the totality of the circumstances. WMS Gaming Inc. v. Int l Game Tech., 184 F.3d 1339, 1354 (Fed. Cir. 1999). 1. Qualcomm knew of ParkerVision s energy transfer sampling technology and possessed prototypes that embody the Patents-in-Suit. From the summer of 1998 through the spring of 1999, Qualcomm and ParkerVision engaged in licensing negotiations regarding ParkerVision s energy transfer sampling receiver technology. During these negotiations, ParkerVision gave Qualcomm a detailed view of its technology, going so far as to provide Qualcomm with several demonstration board prototypes (named Eddie 1 and Eddie 2) that embodied the ParkerVision down-conversion technology protected by ParkerVision s Patents-in-Suit. Ex. 5 at 305:4-15. ParkerVision provided the prototypes only after securing corporate nondisclosure agreements and multiple personal nondisclosure agreements. Ex. 6 at 436:8-20; Ex. 7; Ex. 8. Qualcomm conducted tests on these McKool v8 2

9 Case 3:11-cv RBD-TEM Document 334 Filed 09/12/13 Page 9 of 33 PageID boards for more than a year, ultimately concluding: We are very impressed with the performance!... The truth is Parker Vision have stumbled on something revolutionary... Ex Before it began infringing, Qualcomm had actual knowledge of the Patents-in-Suit. In 1999, ParkerVision informed Qualcomm that ParkerVision had patents pending for its down-conversion technology. Ex. 10; see also Ex. 11. And the evidence shows that Qualcomm executives, attorneys, and product designers had ample actual knowledge of the Patents-in-Suit before Qualcomm s infringement began: Role at Qualcomm Name Knowledge of Patents-in-Suit Senior Director Prashant Kantak Kantak admitted that he was aware that ParkerVision was filing for patents that would cover its energy transfer sampling technology. Ex. 12 at 82:9-17. Vice President and General Counsel of Qualcomm Atheros Vice President of Technology Vice President and in-house patent attorney Adam Tachner Paul Peterzell Charles Brown Tachner had in his possession press releases regarding the 551 patent and copies of the patent itself. Ex. 13; see also Ex. 14. Peterzell had in his possession press releases regarding the 551 patent and copies of the patent itself. Ex. 15; see also Ex. 16. Additionally, Peterzell sent and received related to ParkerVision patents in July Ex. 17. Brown had a copy of the 551 Patent s prosecution history in his files. Ex. 18. Attorney Ray Hom Hom ordered a copy of the 551 Patent and its file history in January Ex. 19. Attorney Sean English English was aware of the 551 Patent in or before February Ex. 17 at 103, 111. Attorney Monique Hatch Hatch was aware of the 551 Patent in or before February Ex. 17 at 110. Attorney Victoria Pacey Pacey was aware of the 551 Patent in or before February Ex. 17 at 110. Attorney Vice President of Technology Stephanie Young Young was aware of the 551 Patent in or before February Ex. 17 at 102. Chuck Wheatley Wheatley and Ben Miller met with Jeff Parker, David Sorrells, and ParkerVision s patents lawyers to discuss McKool v8 3

10 Case 3:11-cv RBD-TEM Document 334 Filed 09/12/13 Page 10 of 33 PageID Role at Qualcomm Name Knowledge of Patents-in-Suit ten of ParkerVision s pending patent applications one of which issued as the 551 patent. Ex. 20. As a result of this meeting between Qualcomm and ParkerVision in May 1999, Qualcomm s in-house patent lawyers and high level executives were aware that ParkerVision was in the process of filing additional newer applications to cover holes in their existing applications. Ex. 21; see also Ex. 22. And as a result of meeting with ParkerVision and its patent lawyers and reviewing ParkerVision s patent applications, Wheatly told Kantak, Jah, Persico, Antonio and others that: Bottom line is, I think it is going to be very difficult for anybody to ever use this technique [energy transfer sampling] without stepping on one or more of [ParkerVision s] claims. Ex. 21. Co-founder Franklin Antonio In 2000, Antonio circulated information within Qualcomm regarding ParkerVision patents issuing specifically that ParkerVision s 371 Patent had just issued. Ex. 23. Antonio also sent and received s to Qualcomm lawyers in July 2000 and May 2002 related to ParkerVision patents. Ex. 17 at 104, 68. Former General Counsel Former in-house lawyer for patent licensing, its general counsel, and current Vice Chairman Former head of Qualcomm Technologies and Ventures Former Executive Vice President and President of Qualcomm CDMA Technologies Lou Lupin Steve Altman Sanjay Jha Lupin sent and received related to ParkerVision patents in July 2000, December 2000, and January Ex. 17 at 1. Altman sent related to a ParkerVision patent in December Ex. 17 at 1. Jha received related to ParkerVision s patents in July Ex. 17 at 1. Don Schrock Schrock sent and received related to ParkerVision patents. Ex. 17 at 1. McKool v8 4

11 Case 3:11-cv RBD-TEM Document 334 Filed 09/12/13 Page 11 of 33 PageID Additionally, Chuck Wheatley, Prashant Kantak, and other high level Qualcomm employees attended a presentation by Jeff Parker and David Sorrells regarding ParkerVision s patents. Ex. 24. Thus, Qualcomm indisputably had pre-infringement knowledge of ParkerVision s patents. 3. Qualcomm concluded after due diligence that ParkerVision s patents are valid and that use of energy transfer sampling technology without a license would infringe. During its negotiations with ParkerVision, Qualcomm investigated the scope and validity of ParkerVision s patents and concluded that ParkerVision was doing something different from the prior art. Qualcomm employees Chuck Wheatley and Ben Miller reviewed ParkerVision s patent applications. See Ex. 21. Wheatley was convinced that ParkerVision s applications were all encompassing writing [ParkerVision is] trying to capture every possible version of any use of their technology; he also wrote that any holes are being covered in newer applications. Id. Qualcomm continued investigating ParkerVision s patents; in March 1999, Prashant Kantak, Chuck Wheatley and others wrote regarding Qualcomm s ongoing [l]egal due diligence on ParkerVision s patents. Ex. 25. After Qualcomm sent ParkerVision two references it thought anticipated ParkerVision s energy transfer sampling technology, David Sorrells explained to Chuck Wheatley what it is that [ParkerVision] are doing that is lacking in the prior art samplers. Ex. 26. Chuck Wheatley then wrote internally that [a]fter reading all the references provided by Seyfi [to ParkerVision], I think PV is doing something different. Ex. 1. In April 1999, Andy Oberst wrote internally that ParkerVision does have at least an element of the holy grail [and] patents to protect it. Ex. 2. Others in the industry warned Qualcomm that its products potentially infringed ParkerVision s patented technology. Don Schrock, in December 2000, received an informing him that Mike Whitfield at First Union Securities had heard that Qualcomm s products would require a license agreement between QCOM and ParkerVision. Ex. 27. Whitfield himself had read [ParkerVision s] specific patent... and it appears very broad. Id. McKool v8 5

12 Case 3:11-cv RBD-TEM Document 334 Filed 09/12/13 Page 12 of 33 PageID Chuck Wheatley concluded that use of energy transfer sampling without a license would infringe. Bottom line is he warned the group I think it is going to be very difficult for anybody to ever use this technique without stepping on one or more of their claims. Ex In July 2000, Andy Oberst asked Prashant Kantak if there was any risk to Qualcomm with regard to the recent granting of ParkerVision s U.S. Patent 6,091,940, which covered ParkerVision s energy transfer sampling technology. Ex. 28. Kantak responded that there was a risk only if Qualcomm decided to go with [ParkerVision s] direct conversion technique. Id. But in the face of these conclusions from its own engineers, Qualcomm plowed ahead with its efforts to develop products that would give it the benefits of ParkerVision s technology. 4. Shortly before infringement began, Qualcomm revisited the ParkerVision approach. Shortly before it began infringing Qualcomm intentionally revisited the ParkerVision approach. In May 2004, Qualcomm product designers Steven Ciccarelli and Seyfi Bazarjani revisited the idea of RF sampling for receivers using ParkerVision s approach in Qualcomm s next generation radio transceiver. Ex. 4. Bazarjani stated he would set up a meeting with Chuck [Wheatley] to go over parker vision [sic] approach and see if we can make it work. Id. Yet Qualcomm did not reopen negotiations with ParkerVision, did not license the patents, and did not pay ParkerVision a dime. Such conduct in the face of detailed knowledge of both ParkerVision s technology and its patents is necessarily willful infringement. B. Qualcomm Cannot Meet Its Burden To Establish Laches. To prevail on its laches defense, Qualcomm must prove two distinct factors. First, that ParkerVision delayed filing suit for an unreasonable and inexcusable length of time from the time [it] knew or reasonably should have known of its claim against Qualcomm. A.C. Aukerman 2 Notably, despite Qualcomm s sizable legal section, it has not produced opinion of counsel in this case. The lack of an opinion of counsel supports a finding of willful infringement. Finjan Software, Ltd. v. Secure Computing Corp., C.A. No (GMS), 2009 U.S. Dist. LEXIS 72825, at *49 (D. Del. Aug. 18, 2009) ( While there is no longer an affirmative duty of care that requires an accused infringer to obtain an opinion of counsel, the fact that Secure did not seek any such opinion may be considered in the totality of circumstances surrounding willful infringement. ), aff d in part, rev d in part, 626 F.3d 1197 (Fed. Cir. 2010). McKool v8 6

13 Case 3:11-cv RBD-TEM Document 334 Filed 09/12/13 Page 13 of 33 PageID Co. v. R.L. Chaides Constr. Co., 960 F.2d 1020, 1032 (Fed. Cir. 1992). Second, that the delay operated to the prejudice or injury of Qualcomm. Id. Qualcomm bears the ultimate burden to prove each element by a preponderance of the evidence. Id. at Courts typically find a period of delay unreasonable only when it substantially exceeds four years. Mformation Techs., Inc. v. Research in Motion Ltd., 830 F. Supp. 2d 815, 840 (N.D. Cal. 2011); see also, e.g., IXYS Corp. v. Advanced Power Tech., Inc., 321 F. Supp. 2d 1156, 1163 (N.D. Cal. 2004); Creative Internet Adver. Corp. v. Yahoo! Inc., No. 6:07-CV-354-JDL, 2009 U.S. Dist. LEXIS 65666, at *8-9 (E.D. Tex. July 29, 2009) (refusing to find a three-year delay unreasonable). The period of delay is measured from the time the plaintiff knew or reasonably should have known of the defendant s alleged infringing activities to the date of suit. Aukerman, 960 F.2d at Because ParkerVision filed suit less than six years after Qualcomm s accused infringement began, the presumption of laches cannot arise. While courts typically find delays unreasonable only when substantially in excess of four years, see IXYS, 321 F. Supp. 2d at 1163, a presumption of laches will arise only upon proof of a delay in filing suit for more than six years after actual or constructive knowledge of the infringement. Id. at There can be no presumption of laches in this case. Because six years did not pass between Qualcomm s introduction of the accused products and ParkerVision s filing of this suit, the presumption cannot arise as a matter of law. January 2006 Qualcomm first infringes the Patents-in-Suit with the RTR6275. Ex. 29 (Expert Report of P. Prucnal) at 63. July 20, 2011 ParkerVision files suit. Dkt. 1 at 1. 3 Even if the Court concludes that Qualcomm can establish the elements of laches by a preponderance of the evidence, preclusion of pre-suit damages is not required. Aukerman, 960 F.2d at Application of the laches defense remains discretionary, and as an equitable matter, the district court is to look to all the facts and circumstances of the case and weigh the equities of the parties. Id. A defendant who had engaged in particularly egregious behavior such as conscious copying may change the equities significantly in the plaintiff s favor. Id. In the final analysis, the length of delay, the seriousness of prejudice, the reasonableness of excuses, and the defendant s conduct or culpability must be weighed to determine whether the patentee dealt unfairly with the alleged infringer by not promptly bringing suit. Aukerman, 960 F.2d at Here the Court should decline to preclude ParkerVision from pre-suit recovery of damages, based upon Qualcomm s long-standing knowledge of its infringement, as detailed in the willfulness discussion, supra. McKool v8 7

14 Case 3:11-cv RBD-TEM Document 334 Filed 09/12/13 Page 14 of 33 PageID Qualcomm cannot show unreasonable delay upon discovering infringement, ParkerVision filed suit within one year. In the absence of a presumption of laches, Qualcomm must show that ParkerVision unreasonably delayed in filing suit from the time that it had actual or constructive knowledge of Qualcomm s infringement. ParkerVision acted promptly to enforce its rights once it suspected Qualcomm s infringement filing suit less than one year after this discovery. a) Upon learning of Qualcomm s infringement, ParkerVision filed suit within one year. ParkerVision first learned of Qualcomm s infringement no earlier than September In the fall of 2010, ParkerVision employee Richard Harlan came across two Qualcomm patents using Google s patent search while researching DC offset technology. Ex. 30 at 16:13-17:1, 18:4-14. The patents which described a technology resembling ParkerVision s D2D technology led him to investigate further. Id. at 21:2-23. In early 2011, Harlan discovered a conference paper (dated 2011) describing in detail a Qualcomm chip with characteristics similar to ParkerVision s energy transfer sampling technology covered by the Patents-in-Suit. Id. at 21:2-23; see Ex. 31. The conference paper included circuitry diagrams and timing diagrams related to the operation of Qualcomm integrated circuits. See Ex. 31; Ex. 6. Concerned, Harlan contacted ParkerVision s Chief Technology Officer, and inventor of the Patents-in-Suit, David Sorrells. Id. at 456:15-25, 421:22-424:8; Ex. 30 at 32:18-33:2. Sorrells proceeded to carefully analyze the conference paper. Id. at 35:1-7. Upon reviewing the conference paper, Sorrells noted that there were several key concepts that ParkerVision has in its Patents-in-Suit reflected in the conference paper. Ex. 6 at 422:25-423:3. Sorrells then reported his findings to ParkerVision s CEO, Jeff Parker, and had others at ParkerVision verify his findings. Id. at 423:5-9. Jeff Parker and David Sorrells decided further research was needed to verify their suspicions that Qualcomm infringed the Patents-in-Suit. Id. at 423: They asked Harlan to search for publicly available information regarding Qualcomm s products in order to study the direct conversion architecture being used by Qualcomm. Id. at 423:24-425:8. ParkerVision then analyzed the publicly available materials describing Qualcomm s products and the Patents-in- McKool v8 8

15 Case 3:11-cv RBD-TEM Document 334 Filed 09/12/13 Page 15 of 33 PageID Suit, and decided to hire counsel. Id. at 424:25-425:8. ParkerVision then filed this lawsuit on July 20, Dkt. 1 at 1. Because ParkerVision filed suit less than a year after suspecting Qualcomm s infringement of the Patents-in-Suit, Qualcomm cannot carry its burden to show unreasonable delay. b) Qualcomm s arguments of constructive knowledge must fail. Qualcomm will likely attempt to charge ParkerVision with constructive notice. See Ex. 32; Ex. 33. If a patentee knows facts that would put upon a man of ordinary intelligence the duty of inquiry, the patentee is chargeable with such knowledge as he might have obtained upon inquiry. Adv. Cardiovascular Sys., Inc. v. SciMed Life Sys., Inc., 988 F.2d F.2d 1157, 1162 (Fed. Cir. 1993). Constructive knowledge of infringement may be imputed only to a patentee who is negligently or willfully oblivious to pervasive, open and notorious activities that a reasonable patentee would suspect were infringing. Wanlass v. GE, 148 F.3d 1334, 1338 (Fed. Cir. 1998). Where the facts known to the patentee do not establish a duty of inquiry or where the patentee satisfies its duty but does not or could not discover the infringement, constructive knowledge does not exist and the laches clock does not start. See id.; see also Wanlass v. Fedders, 145 F.3d 1461, 1467 (Fed. Cir. 1998). The Court should reject any constructive notice argument raised by Qualcomm because ParkerVision could not reasonably have discovered Qualcomm s infringement before it came across the Qualcomm patents and conference paper in late 2010 and early See Ex. 34 at 2. Qualcomm will likely attempt to establish constructive notice by pointing to three events: (1) Qualcomm s announcement of the release of its ZIF architecture, see Ex. 33; (2) the first commercial shipment of Accused Products in 2006 and accompanying publicity, see id.; and (3) ParkerVision s possession of certain device specification documents for Accused Products, see Ex. 6 at 427:1-431:3. Each argument lacks merit. First, Qualcomm s publicity regarding its ZIF architecture is irrelevant. Qualcomm did not release the earliest Accused Product in this case (the RTR6275) until January 2006, so it is legally and factually impossible for ParkerVision to have had constructive knowledge of McKool v8 9

16 Case 3:11-cv RBD-TEM Document 334 Filed 09/12/13 Page 16 of 33 PageID Qualcomm s infringement prior to As a matter of law, the laches period cannot begin to run until the patents issue and infringement begins. See, e.g., Meyers v. Brooks Shoe, Inc., 912 F.2d 1459, 1462 (Fed. Cir. 1990) (overruled in part on other grounds by Aukerman Co., 960 F.2d at ). Second, Qualcomm also claims that the commercial shipping of accused products in 2007 should have notified ParkerVision of its infringement. Ex. 33. In support, Qualcomm refers to a press release describing the QSC6055 chip. Ex. 3; Ex. 35. But the press release (and any other similar publicity regarding Accused Products) is far too vague to put a ParkerVision on notice that Qualcomm was infringing the Patents-in-Suit. Qualcomm s press release describes the receiver technology in extremely general terms that certainly does not go to the level of detail provided in Qualcomm s patents, conference paper or the reverse engineering report ParkerVision obtained. Whether publicly available information should have put the plaintiff on notice of possible infringement depends on the type and quality of information available. 4 Here the lack of sufficiently detailed technical information in Qualcomm s press releases could not have warned ParkerVision a reasonably vigilant patentee of the possibility of infringement. Third, none of the documents in ParkerVision s possession that Qualcomm may point to include the level of technical detail sufficient to implicate infringement. At the outset, Qualcomm should be precluded from arguing that laches applies based on certain allegedly confidential or proprietary device specifications in ParkerVision s possession because Qualcomm failed to disclose this allegation in its response to ParkerVision s interrogatory regarding laches. (Nor did Qualcomm ever supplement its interrogatory responses to add these factual allegations to its defense.) 5 ParkerVision learned that Qualcomm might attempt to raise 4 See, e.g., Fedders, 145 F.3d at ( [T]he mere fact that single-phase motors are used in room air conditioners is not enough to suggest infringement because not all single-phase motors infringe.... For example, any advertisements for high-efficiency air-conditioners using single phase motors and having a capacitor capable of operating with specific characteristics should have alerted Wanlass to the prospect of infringement.... ). 5 See Fashion House, Inc. v. K Mart Corp., 892 F.2d 1076, 1081 (1st Cir. 1989) (affirming trial court s exclusion of evidence based on party s failure to completely answer interrogatory). McKool v8 10

17 Case 3:11-cv RBD-TEM Document 334 Filed 09/12/13 Page 17 of 33 PageID this argument through Qualcomm s deposition questioning of ParkerVision s witnesses. See, e.g., Ex. 6 at 419:8-424:10; Ex. 30 at 17:10-36:20. In any event, the high level block diagrams and general performance measurements contained in the device specification documents do not include sufficient technical detail to put ParkerVision on notice of Qualcomm s infringement. See, e.g., Ex. 36. As Sorrells noted in his deposition, these documents include high-level specifications. Ex. 6 at 430: ( [T]here s no design information in here. It s basically a block diagram level. It just allows me to do a comparative analysis in terms of overall general specs and power consumption. ). c) ParkerVision cannot be charged with earlier constructive knowledge due to the difficulty and expense of discovering infringement, as well as the multiple NDAs. Even where a court finds some delay, reasonable excuses may justify all or part of a delay. Creative Internet Adver. Corp., 2009 U.S. Dist. LEXIS 65666, at *8-9. Reasonable excuses include reliance on a pre-existing agreement or the difficulty and expense of discovering infringement. See Gasser Chair Co. v. Infanti Chair Mfg. Corp., 60 F.3d 770, 774 (Fed. Cir. 1995) (reversing summary judgment where trial court failed to consider whether reliance on agreement with alleged infringer made delay reasonable). Any justification for a period of time deducts that time from the total period of delay. Creative Internet Adver. Corp., 2009 U.S. Dist. LEXIS 65666, at *8-9. Here, to the extent that the Court concludes that ParkerVision had constructive notice of Qualcomm s infringement and delayed in filing suit, any such delay would be justified based on the parties non-disclosure agreements, the difficulty and expense of discovering infringement, and the existence of closely related patents. ParkerVision had no reason to suspect Qualcomm s infringement due to the multiple nondisclosure agreements Qualcomm signed. See Ex. 6 at 436:8-20. A party s belief that a party will honor a pre-existing agreement not to infringe may excuse all or part of a delay in bringing suit. Gasser Chair Co., 60 F.3d at 774. Here, Qualcomm signed multiple nondisclosure agreements personal as well as corporate. See e.g., Ex. 37; Ex. 38. ParkerVision s reasonable belief that Qualcomm would abide by the terms of the non-disclosure agreements precludes a finding of McKool v8 11

18 Case 3:11-cv RBD-TEM Document 334 Filed 09/12/13 Page 18 of 33 PageID constructive knowledge and unreasonable delay in this case. Additionally, the Federal Circuit recognizes that a patentee s duty to test products to reveal infringement is a function of [the test s] cost and difficulty. GE, 148 F.3d at For certain inventions, determining whether an accused product infringes is both easy and inexpensive. Id. at For other products, including the Accused Products, the complexity and expense of testing prohibits a reasonable patentee from testing for infringement absent cause. 6 Qualcomm s chip designs are not publically available. Without reverse engineering an integrated circuit or seeing a disclosure such as that in Qualcomm s 2011 conference paper (which included circuitry and timing diagrams), it would not have been possible for ParkerVision to learn the internal workings of Qualcomm s integrated circuits. Ex. 6 at 439:21-440:2. To confirm infringement, ParkerVision ultimately invested in a reverse engineering report at a cost of $128,000. Ex. 34 at 3. ParkerVision could not afford to obtain such an expensive analysis on a routine basis. ParkerVision was diligent once it had a reason to suspect infringement in light of Qualcomm s conference paper in 2011, but it could not reasonably have discovered Qualcomm s transgressions at an earlier date. d) Qualcomm s secrecy precludes a finding of constructive knowledge and unreasonable delay While the laches analysis focuses first on the patentee s conduct, the infringer s activities are relevant to whether the patentee s conduct was reasonable, including the infringer s efforts to maintain the secrecy of its processes.... An infringer cannot cloak its activities in secrecy and simultaneously accuse the patent holder of failing to... protect its rights. Union Carbide Chems. & Plastics Tech. Corp. v. Shell Oil Co., No. 99-cv-274, 2004 U.S. Dist. LEXIS at *57 (D. Del. June 9, 2004) (emphasis added), rev d in part on other grounds, 425 F.3d 1366 (Fed. Cir. 2005). Imputing constructive knowledge is improper when the infringement is 6 Fedders, 145 F.3d at 1465 ( Imposing a duty upon Wanlass to monitor the air-conditioning industry by periodically testing all others products, therefore, would be unreasonable.... Mr. Wanlass s companies could not afford to purchase and dismantle every air-conditioner model on the market and test the single-phase motor found inside. ). McKool v8 12

19 Case 3:11-cv RBD-TEM Document 334 Filed 09/12/13 Page 19 of 33 PageID in secret, and cannot be determined through testing. Eastman Kodak Co. v. Goodyear Tire & Rubber Co., 114 F.3d 1547, 1559 (Fed. Cir. 1997); Ultimax v. CTS Cement Mfg. Corp., 587 F.3d 1339, 1350 (Fed. Cir. 2009). The evidence overwhelmingly establishes that ParkerVision could not have detected Qualcomm s infringement by studying or testing chips. Qualcomm never would have revealed to ParkerVision how its chips worked, and the cost of reverse engineering is very expensive. Ex. 34 at 3. Qualcomm s secret infringement precludes a finding of constructive knowledge and unreasonable delay in this case. See Eastman Kodak, 114 F.3d at e) ParkerVision s closely related patent precludes a finding of constructive knowledge and unreasonable delay. Any attempt to charge ParkerVision with constructive knowledge fails to consider or acknowledge that the Patents-in-Suit are closely related to three other patents that were originally part of the complaint: the 401 Patent, which issued in October 2010, the 845 Patent, which issued in May 2010, and the 896 Patent, which issued in April See Dkt. 1 at 2-3; Exs. 39 ( 401 Patent); 40 ( 845 Patent); 41 ( 896 Patent). In addition, the 342 Patent which still has pending claims did not issue until February Ex. 42 ( 342 Patent). All four patents relate to down-conversion technology, and there is significant overlap between the inventors and the inventors on the remaining patents. The 896 Patent claims priority to is part of the same family as the 551 Patent, which is still in the suit. The great weight of authority holds that when patents are closely related, the time between the issuance of the first and second patent is an excused period of delay for laches purposes. See Brooks Shoe, 912 F.2d at 1462; Asics, 974 F.2d at 1307; Creative Internet, 2009 U.S. Dist. LEXIS 65666, at *6-7; IXYS, 321 F. Supp. 2d at 1163; see also R2 Med. Sys. v. Katecho, Inc., 931 F. Supp. 1397, 1409 (N.D. Ill. 1996) ( Where patents are closely related, it is generally reasonable for a patentee to delay filing suit under any of the patents until all have been issued. ). This rule makes sense, as bringing claims on related patents together in one suit conserve[s] both the parties and the courts resources. Brooks Shoe, 912 F.2d at 1462; IXYS, 321 F. Supp. 2d at And the rule has continuing vitality it has, as is the case here, been McKool v8 13

20 Case 3:11-cv RBD-TEM Document 334 Filed 09/12/13 Page 20 of 33 PageID extended by courts to excuse a delay associated with a later-issued patent even when that patent was ultimately not asserted in the lawsuit. See Creative Internet, 2009 U.S. Dist. LEXIS 65666, at *6-7; see also, e.g., TGIP, Inc. v. AT&T Corp., 527 F. Supp. 2d 561, 583 (E.D. Tex. 2007) (excusing delay in filing on one patent for the period during which a related patent was in reexamination). Under this authority, any delay in bringing suit on the Patents-in-Suit until the issuance of the four closely related patents was completed in October 2010 is excused. See Brooks Shoe, 912 F.2d at 1462; Asics, 974 F.2d at 1307; Creative Internet, 2009 U.S. Dist. LEXIS 65666, at *6-7; IXYS, 321 F. Supp. 2d at 1163; R2, 931 F. Supp. at 1409; Aukerman, 960 F.2d at To borrow from the relevant case law, [i]n light of the close relationship of these patents, [ParkerVision] was not required to bring suit under [any] patent until the issuance of the [ 845] patent in May R2, 931 F. Supp. at When infringement first began in 2006, the 551, 518, and 371 patents had issued. Dkt. 1 at 2-3. But the closely-related 401, 845, 896, and 342 patents had all been filed but had not yet issued. The law encourages judicial efficiency, and ParkerVision was entitled to (and indeed, encouraged to) wait to file suit until all of the related patents had issued in October The laches period could thus be at most less than one year far less than the four years of delay which courts typically require before making a finding of laches. 3. Qualcomm has not suffered any material prejudice Proof of material prejudice resulting from unexcused periods of delay is essential to a laches defense; such prejudice may be economic or evidentiary. Aukerman, 960 F.2d at Economic prejudice results where the infringer will suffer the loss of monetary investments or incur damages which likely would have been prevented by earlier suit. Aukerman Co., 960 F.2d at To establish economic prejudice, conclusory averments are not sufficient. Brooks Shoe, 912 F.2d at Nor is mere evidence of investment in the infringing products enough. Hemstreet v. Computer Entry Sys. Corp., 972 F.2d 1290, (Fed. Cir. 1992). Rather, there must be an explicitly proven nexus between any unexcused McKool v8 14

21 Case 3:11-cv RBD-TEM Document 334 Filed 09/12/13 Page 21 of 33 PageID delay and the damaging change in economic position during that delay. Id. 7 The change must be because of and as a result of the delay, not simply a business decision to capitalize on a market opportunity. Id. at 1294 (emphasis added). Qualcomm fails to make such a showing. Instead, it makes only conclusory accusations that it continued to develop and produce its allegedly infringing direct down-conversion receiver technology, thus increasing the scope of the alleged infringement. Ex. 33. Qualcomm s argument must fail. Evidence that Qualcomm made investments or expanded its business during the delay period is insufficient to establish economic prejudice. Gasser, 60 F.3d at 775. First, Qualcomm has not and cannot identify a change in its position caused by any purported delay in filing suit. Any assertion by Qualcomm of a nexus between the alleged delay and economic prejudice fails because it relies on the conclusory allegation, unsupported by any evidence, that it would have acted differently had it known of ParkerVision s claims earlier. Such arguments have repeatedly been rejected by the Federal Circuit. 8 Second, ParkerVision s conduct has had no effect on Qualcomm s decision to infringe and to continue infringement. Indeed, Qualcomm still has not stopped infringing. Qualcomm continues to market and sell the Accused Products without implementing a design-around in the two years since ParkerVision filed suit. 9 Qualcomm s unabated infringement after this suit was filed negates a finding of prejudice. Indications that a party would not have acted differently had suit been brought earlier include continuing to sell and design products after suit was ultimately filed.... Bristol Co. v. 7 See also State Contr. & Eng g Corp. v. Condotte Am., Inc., 346 F.3d 1057, 1066 (Fed. Cir. 2003) ( A nexus must be shown between the patentee's delay in filing suit and the expenditures; the alleged infringer must change his position because of and as a result of the delay. ); Gasser Chair Co., Inc. v. Infanti Chair Mfg. Corp., 60 F.3d 770, 774 (Fed. Cir. 1995) ( Even a considerable investment during a delay period is not a result of the delay if it was a deliberate business decision to ignore [a] warning, and to proceed as if nothing had occurred. ). 8 See State Contr. & Eng g Corp., 46 F.3d at (infringer failed to present evidence that it would have actually changed its design); Gasser, 60 F.3d at ; Meyers v. Asics Corp., 974 F.2d 1304, 1308 (Fed. Cir. 1992); Hemstreet, 972 F.2d at In January of this year, Qualcomm announced new products. Ex. 43. Qualcomm, however, has refused to provide any document production whatsoever on its new products, despite ParkerVision s requests. See e.g., Ex. 44. If these new products were non-infringing, Qualcomm would be expected to tout them as non-infringing alternatives or design-arounds to ParkerVision s patents-in-suit. McKool v8 15

22 Case 3:11-cv RBD-TEM Document 334 Filed 09/12/13 Page 22 of 33 PageID Bosch Rexroth Inc., 758 F. Supp. 2d 1172, 1181 (D. Colo. Dec. 27, 2010). 10 Third, Qualcomm s assertions that it does not infringe the Patents-in-Suit and that the Patents-in-Suit are invalid demonstrate that Qualcomm was indifferent to whether or not ParkerVision sued, and was simply making a business decision to capitalize on a market opportunity. Hemstreet, 972 F.2d at 1294; see also Gasser, 60 F.3d at 775. There is simply no evidence that Qualcomm would have pursued a different approach regarding infringement or validity, or acted differently, had ParkerVision filed this suit earlier. To establish evidentiary prejudice, Qualcomm must prove that any unexcused delay caused such a loss of evidence as to render Qualcomm unable to present a full and fair defense on the merits. Id. For evidentiary prejudice, the alleged infringer must state with particularity what evidence has been lost by the alleged delay. Asics, 974 F.2d at And as with economic prejudice, the defendant must prove that the loss of evidence resulted from the delay and would not have occurred but for the delay. See Hall v. Aqua Queen Mfg., Inc., 93 F.3d 1548, 1558 (Fed. Cir. 1996) (defendant utterly failed to demonstrate that the allegedly prejudicial events occurred after [plaintiff] knew or should have known of the allegedly infringing activities ). Conclusory statements that there are missing witnesses, that the witnesses memories have lessened, and that there is missing documentary evidence, are not sufficient to establish evidentiary prejudice. Asics, 974 F.2d at Qualcomm cannot demonstrate evidentiary prejudice. Qualcomm contends vaguely that Qualcomm s ability to present an adequate defense to ParkerVision s claims of infringement may be impaired due to the loss of records, unavailability of witnesses or unreliability of memories of long past events. Ex. 33. But to establish evidentiary prejudice, general and [c]onclusory statements that there are missing witnesses, that witnesses memories 10 See also, Asics, 974 F.2d at 1308 (considering the fact that [n]one of the defendants submitted evidence that they curtailed design and development of shoes in response to Meyers suit once it was actually filed in finding no economic prejudice ); Izume Prods. Co. v. Koninklijke Philips Elecs. N.V., 315 F. Supp. 2d 589, 613 (D. Del. 2004) (continued infringement in the face of a filed suit suggests defendant was more concerned about earning a profit than about [plaintiffs ] claim of infringement ). McKool v8 16

23 Case 3:11-cv RBD-TEM Document 334 Filed 09/12/13 Page 23 of 33 PageID have lessened, and that there is missing documentary evidence, are not enough. Asics, 974 F.2d at Instead, Qualcomm must demonstrate that particular periods of unexcused delay caused the loss of specific evidence, thereby rendering Qualcomm unable to present a full and fair defense on the merits. 11 See Aukerman, 960 F.2d at Qualcomm s contentions are therefore insufficient as a matter of law. See Asics, 974 F.2d at C. To Establish Equitable Estoppel, Qualcomm Must Show Reliance On Misleading Conduct. To invoke equitable estoppel, a defendant must prove three separate factors: (1) that through misleading conduct, the plaintiff led the defendant to reasonably infer that it did not intend to enforce its patent against the defendant; (2) the defendant relied on that conduct; and (3) that due to its reliance, the defendant will be materially prejudiced if the plaintiff is allowed to proceed with its claim. Aukerman, 960 F.2d at Conduct by the plaintiff may include specific statements, action, inaction, or silence where there was an obligation to speak. Id. As ParkerVision will show, Qualcomm cannot meet its burden to prove a single factor let alone all three. 1. ParkerVision consistently demonstrated to Qualcomm that it intended to enforce the Patents-in-Suit. ParkerVision did not lead Qualcomm to believe that it did not intend to enforce its patents. Rather, ParkerVision consistently demonstrated to Qualcomm that it believed in the fundamental value of its technology and would vigorously protect its intellectual property. ParkerVision updated Qualcomm regarding the status of its patents, insisted on personal as well as corporate nondisclosure agreements, and filed suit immediately upon learning of Qualcomm s infringement. Equitable estoppel requires misleading conduct on behalf of the plaintiff regarding its intention to pursue infringement claims against the defendant. See Asics, 974 F.2d at 1304, Qualcomm undermines this argument by contending that prior negotiations are irrelevant to this case. See Dkt. 325 at 2-9. Qualcomm cannot take the position that it has been prejudiced by fading memories and simultaneously attempt to exclude written documentation of events. McKool v8 17

24 Case 3:11-cv RBD-TEM Document 334 Filed 09/12/13 Page 24 of 33 PageID Typically, this involves the patentee making affirmative statements to the infringer suggesting that the patentee has no intention to assert its patent against the infringer. Aukerman, 960 F.2d at 1042 (finding that [i]n the most common situation, the patentee specifically objects to the activities currently asserted as infringement in the suit and then does not follow up for years. ). Here, Qualcomm cannot show any evidence that ParkerVision made any affirmative statements that it did not intend to assert its patents. In fact, the opposite is true. See Ex. 21. Qualcomm s internal s show that it knew ParkerVision had every intention of protecting its intellectual property: [ParkerVision is] trying to capture every possible version of any use of their device. Id. Furthermore, Qualcomm knew that ParkerVision intended to fully protect its intellectual property: Bottom line is Wheatley warned I think it is going to be very difficult for anybody to ever use this technique without stepping on one or more of their claims. Id. 2. Qualcomm cannot demonstrate reliance on a misleading statement. Qualcomm cannot demonstrate reliance on a misleading statement. Reliance is an essential element [t]o show reliance, the infringer must have had a relationship or communication with the plaintiff which lulls the infringer into a sense of security. Aukerman, 960 F.2d at In the absence of such evidence, Qualcomm offers conclusory assertions that it relied on ParkerVision s conduct. This is insufficient as a matter of law. See Asics, 974 F.2d at 1309 (reversing summary judgment in favor of the defendant on the basis of equitable estoppel where [d]efendants make numerous conclusory assertions that they relied on Meyers conduct, but they have not presented undisputed facts to show that they did. ). ParkerVision will show, through its experts Dr. Prucnal and Paul Benoit, that by using ParkerVision s energy transfer sampling technology, Qualcomm realized enormous gains in product performance as well as profits. See Ex. 29. Because of the benefits, Qualcomm made a business decision to infringe. See Ex. 28 (noting legal risk if Qualcomm decided to go with [ParkerVision s] direct conversion technique. ). Qualcomm s actions do not show that it was lulled into a sense of security instead, Qualcomm s actions show willful infringement even in the face of ParkerVision s communicated intent to protect and enforce its intellectual property. McKool v8 18

25 Case 3:11-cv RBD-TEM Document 334 Filed 09/12/13 Page 25 of 33 PageID See discussion in willfulness section, supra. 3. Qualcomm suffered no material prejudice. Because Qualcomm cannot demonstrate misleading conduct nor reliance, the Court need not address material prejudice. To demonstrate material prejudice, Qualcomm must show loss of evidence or change of economic position due to the infringer s reliance on the misleading conduct of a patentee. Aukerman, 960 F.2d at Qualcomm has provided no such evidence. Rather, it relies on conclusory averments. Ex. 33. As explained supra at Part II.B.4, such conclusory statements are legally insufficient. Asics, 974 F.2d at And Qualcomm s actions directly contradict any implication that it changed its economic position due to its reliance on ParkerVision. For example, Qualcomm has maintained its business decision to produce and sell infringing products during the pendency of this suit. The Court should conclude that Qualcomm s equitable estoppel defense is without merit. D. Qualcomm s Cannot Meet Its Burden to Overcome Presumption of Validity of the Patents-in-Suit. Qualcomm contends that the Patents-in-Suit are invalid on the following grounds: (i) obviousness; (ii) lack of enablement; and (iii) indefiniteness. Issued patents are presumed valid. As ParkerVision will show at trial, Qualcomm cannot overcome that presumption. 1. Qualcomm cannot meet its burden to prove that any Asserted Claim of the 551, 518, 371, or 342 Patents is invalid as obvious. Qualcomm argues that Asserted Claims in the Patents-in-Suit are invalid as obvious. Ex. 45 at e.g. 21, 249. As ParkerVision will show at trial, Qualcomm s claim of obviousness falls far short of meeting the required clear and convincing standard. See WMS Gaming, 184 F.3d at To prove obviousness, Qualcomm must prove by clear and convincing evidence that the subject matter of the Asserted Claims of the Patents-in-Suit would have been obvious at the time the invention was made to a person of ordinary skill in the art to which the subject matter of the invention pertains. 35 U.S.C. 103(a). The ultimate determination of obviousness is a legal conclusion for the Court, based on underlying factual issues addressed by the jury. WMS Gaming, 184 F.3d at Those underlying factual issues include: (1) the scope and content of McKool v8 19

26 Case 3:11-cv RBD-TEM Document 334 Filed 09/12/13 Page 26 of 33 PageID the prior art; (2) the level of ordinary skill in the art; (3) the differences between the claimed invention and the prior art; and (4) objective evidence of non-obviousness. Id. The Federal Circuit has reaffirmed in several recent opinions that the Court and jury must consider secondary considerations of non-obviousness in determining whether the asserted patents are obvious. See, e.g., Apple Inc. v. ITC, 2013 U.S. App. LEXIS 16282, *19 (Fed. Cir. Aug. 7, 2013). The Federal Circuit emphasized that it has repeatedly held that evidence relating to all four Graham factors including objective evidence of secondary considerations must be considered before determining whether the claimed invention would have been obvious to one of skill in the art at the time of invention. Id. The Federal Circuit continued, finding that exclusion of evidence related to secondary considerations of non-obviousness was not harmless and [s]econdary considerations evidence... may be the most probative and cogent evidence in the record. Id. at *21. The standard for obviousness involves two steps: (1) construction of the claims by the court as a matter of law; and (2) a comparison of the construed claims to the prior art. Medichem, S.A. v. Rolabo, S.L., 353 F.3d 928, 933 (Fed. Cir. 2003). Proving obviousness requires more than conclusory statements: there must be some articulated reasoning with some rational underpinning to support the legal conclusion of obviousness. Innogenetics, N.V. v. Abbott Labs., 512 F.3d 1363, 1373 (Fed. Cir. 2008) (citations and quotations omitted). Qualcomm cannot meet its burden. Furthermore, ParkerVision will show that the Patentsin-Suit are nonobvious through two means: first, through the expert testimony of Dr. Prucnal and David Sorrells, and second, through Qualcomm s internal s, which demonstrate Qualcomm considered energy transfer sampling a significant advance in the state of the art. a) None of the references identified by the Razavi Report render the Patents-in-Suit obvious. Qualcomm contends that Asserted Claims in the Patents-in-Suit is invalid as obvious. Ex. 45 (Razavi Report) at e.g. 21, 249. Through its experts, Dr. Prucnal and David Sorrells, ParkerVision will show that the Patents-in-Suit are non-obvious and that none of the references McKool v8 20

27 Case 3:11-cv RBD-TEM Document 334 Filed 09/12/13 Page 27 of 33 PageID identified by Dr. Razavi render obvious the Asserted Claims of the Patents-in-Suit. Ex. 46 (Rebuttal Report of Paul Prucnal) at b) Qualcomm s internal correspondence demonstrates that it considered the Patents-in-Suit a significant advance in the state of the art. Furthermore, Qualcomm s internal s show that Qualcomm considered energy transfer sampling a revolutionary breakthrough. In this case, evidence of the parties negotiations, and in particular Qualcomm s internal commentary on the merits of ParkerVision s inventions and how the Patents-in-Suit differ from the prior art, is a relevant secondary consideration of non-obviousness. Apple Inc., 2013 U.S. App. LEXIS 16282, *22. Qualcomm s internal reactions at the time demonstrate that the differences between the invention and the prior art were vast. Indeed, the initial difficulty of the engineering department to understand the invention, followed by a firm conviction that ParkerVision was doing something different reflect the company s reaction without hindsight bias that may improperly color an obviousness analysis. Because energy transfer sampling presented a significant advance over available technology, Qualcomm s engineers while excited at the prospect initially had difficulty understanding how energy transfer sampling worked. Ex. 47. Far from obvious, Qualcomm thought the ParkerVison approach offered a totally different solution. Saed Younis and other Qualcomm engineers concluded that [t]he truth is Parker Vision have [sic] stumbled on something revolutionary.... Ex. 9. Likewise, Chuck Wheatley stated in another internal that, [a]fter reading all the references provided by Seyfi, I think PV is doing something different. See Ex. 1. These were not isolated incidents. Qualcomm s Don Schrock wrote to Dr. Irwin Jacobs, Qualcomm s CEO at the time, regarding ParkerVision s technology: FYI, this is critical technology that we must land based on what we have seen so far. It offers revolutionary rf versus power performnace [sic] based on early teat [sic] resuls [sic]. Ex. 48. And Qualcomm s Prashant Kantak wrote internally that ParkerVision has invented a new radio receiver technology that turns the conventional radio receiver design on its head. Ex. 49. McKool v8 21

28 Case 3:11-cv RBD-TEM Document 334 Filed 09/12/13 Page 28 of 33 PageID Qualcomm cannot meet its burden to prove that any Asserted Claim is not properly enabled. Qualcomm contends that Claims 23, 25, 161, 193, 202 of the 551 Patent, Claims 1, 27, 82 of the 518 Patent, and Claim 2 of the 371 Patent are invalid under 35 U.S.C. 112 for lack of enablement. Qualcomm bases this challenge on the enablement analysis in the Razavi Report. Ex. 45 (Razavi Report) at , , Qualcomm cannot meet its clear and convincing burden of proof to show lack of enablement. See BJ Servs. Co. v. Halliburton Energy Servs., Inc., 338 F.3d 1368, 1373 (Fed. Cir. 2003). A patent is enabling so long as the disclosure permits one with ordinary skill in the art to make and use the invention without undue experimentation. In re Wands, 858 F.2d 731, 737 (Fed. Cir. 1988). While enablement is a question of law, it rests on factual determinations decided by the jury. BJ Servs. Co., 338 F.3d at To prove non-enablement, Qualcomm carries the burden to come forward with sufficient evidence to prove by clear and convincing evidence that the description fails to enable any mode of making and using the invention. Invitrogen Corp. v. Clontech Labs., Inc., 429 F.3d 1052, 1070 (Fed. Cir. 2005). Qualcomm cannot carry its burden to prove non-enablement for three reasons. First, Qualcomm s expert applied the legally incorrect test for enablement. Qualcomm s argument rests on an analysis of David Sorrells technology tutorial testimony, not the patents themselves. Ex. 45 (Razavi Report) at 145. Qualcomm contends that the invention is non-enabling because Sorrells s presentation, as modified by Dr. Razavi, did not transfer energy in amounts distinguishable from noise (and interferers) when the harmonic was changed from n = 1 to n = 9, but no other input conditions or circuit component values were changed. This is the incorrect test for enablement. Enablement does not require that the invention must be shown to work for all potential sub-harmonic values at a particular set of input conditions and circuit component values. Instead, Qualcomm can carry its burden only by showing that all of the disclosed alternative modes are insufficient to enable the claims. See Johns Hopkins Univ. v. Cellpro, Inc., 152 F.3d 1342, 1361 (Fed. Cir. 1998) (emphasis added). Even if the jury finds that the McKool v8 22

29 Case 3:11-cv RBD-TEM Document 334 Filed 09/12/13 Page 29 of 33 PageID invention is not enabled at this single set of conditions and values chosen by Dr. Razavi, Qualcomm still has failed to show by clear and convincing evidence that the invention is not enabled for all of the disclosed alternative modes. Second, the Patents-in-Suit provide examples operable at the ninth sub-harmonic. Figures 86, 88, 90, and 92 of the 551 Patent show example circuits operating at the ninth sub-harmonic. Ex. 50 at 108:56-109:20. Thus, the patents expressly describe embodiments operating at the ninth sub-harmonic and Dr. Razavi does not dispute nor address these examples in his report. See Invitrogen, 429 F.3d at Finally, Dr. Razavi admits that with some small modifications he could make the allegedly non-enabled circuit he modified work. Ex. 51 at 332: ParkerVision, through its expert Dr. Prucnal, demonstrated a circuit operable at the ninth sub-harmonic. Ex. 46 (Prucnal Rebuttal) at Because the parties experts agree that those of ordinary skill in the art can make embodiments of the invention work at the ninth sub-harmonic without undue experimentation, the claims by definition are enabled. Wands, 858 F.2d at Qualcomm cannot meet its burden to prove that any of the Asserted Claims are indefinite. Indefiniteness is a legal determination for the Court. BJ Servs. Co., 338 F.3d at As the Court noted in its August 26, 2013 Order, when the question of definiteness involves factual underpinnings, definiteness is amenable to jury resolution. See Dkt. 318 at 8. Proof of indefiniteness must meet an exacting standard. Wellman, Inc. v. Eastman Chem. Co., 642 F.3d 1355, 1366 (Fed. Cir. 2011). Only claims that cannot be construed those claims that are insolubly ambiguous are indefinite. Haemonetics Corp. v. Baxter Healthcare Corp., 607 F.3d 776, 783 (Fed. Cir. 2010). The burden is on Qualcomm to clearly demonstrate by clear and convincing evidence that one of ordinary skill in the relevant art could not discern the boundaries of the claim based on the claim language, the specification, the prosecution history, and the knowledge in the relevant art. Wellman, Inc., 642 F.3d at 1366; see also Honeywell Int l, Inc. v. United States, 609 F.3d 1292, 1301 (Fed. Cir. 2010) ( If the meaning of the claim is discernible, even though the task may be formidable and the conclusion may be one McKool v8 23

30 Case 3:11-cv RBD-TEM Document 334 Filed 09/12/13 Page 30 of 33 PageID over which reasonable persons will disagree, we have held the claim sufficiently clear to avoid invalidity on indefiniteness grounds. ). That some claim language may not be precise does not automatically render a claim invalid. Seattle Box Co. v. Indus. Crating & Packing, Inc., 731 F.2d 818, 826 (Fed. Cir. 1984). Indeed, close questions of indefiniteness are properly resolved in favor of the patentee. See Exxon Research & Eng g Co. v. United States, 265 F.3d 1371, 1380 (Fed. Cir. 2001). The Court should reject Qualcomm s argument of indefiniteness because (1) the term substantial does not render Claims 161 and 202 of the 551 Patent indefinite, and (2) the term accurate does not render Claim 202 of the 551 Patent and Claim 91 of the 518 Patent indefinite. a) The term substantial does not render Claims 161 and 202 of the 551 Patent indefinite. Qualcomm contends that Claims 161 and 202 of the 551 Patent are indefinite for using the phrase substantial amounts of energy. Ex. 45 (Razavi Report) at The Court should reject Qualcomm s argument for three reasons. First, the law is clear that the meaning of the term substantial in a patent claim is readily understandable and is not indefinite. See, e.g., Deere & Co. v. Bush Hog, LLC, 703 F.3d 1349, 1359 (Fed. Cir. 2012) ( This court has repeatedly confirmed that relative terms such as substantially do not render patent claims so unclear as to prevent a person of skill in the art from ascertaining the scope of the claim. ). 12 Second, ParkerVision intends to show through its expert Dr. Prucnal that an expert would readily know the limitations imposed by the claims. See Ex. 46 (Prucnal Rebuttal Report) at Third, the Court has already construed the allegedly indefinite term as a matter of law. In its Claim Construction Order, this Court construed substantial amounts of energy as energy in amounts that are distinguishable from noise. Dkt. 243 at 10 & n.7, 13. Having construed the allegedly indefinite term as a matter of the law, the Court has already determined that the term substantial amounts of energy is not insolubly ambiguous. 12 See also LNP Eng g Plastics, Inc. v. Miller Waste Mills, Inc., 275 F.3d 1347, (Fed. Cir. 2001) (the term substantially completely wetted was not indefinite because the intrinsic evidence helped elucidate the term s meaning); Andrew Corp. v. Gabriel Elecs., Inc., 847 F.2d 819, (Fed. Cir. 1988) (the phrase substantially equal was not indefinite and adding that [s]uch usages,... have been accepted... and upheld by the courts. ). McKool v8 24

31 Case 3:11-cv RBD-TEM Document 334 Filed 09/12/13 Page 31 of 33 PageID b) The term accurate does not render Claim 202 of the 551 Patent and Claim 91 of the 518 Patent indefinite. Likewise, Qualcomm cannot meet the exacting standard required to prove that the term accurate voltage reproduction renders Claim 202 of the 551 Patent and Claim 91 of the 518 Patent indefinite The Court should conclude that the claims are readily understood by those of ordinary skill in the art, and therefore, not indefinite. ParkerVision will demonstrate that the claims are sufficiently definite for the following two reasons: first, ParkerVision intends to show through Dr. Prucnal and David Sorrells that accurate voltage reproduction is not insolubly ambiguous and, therefore, that Claim 202 of the 551 Patent and Claim 91 of the 518 Patent are not invalid for indefiniteness. Second, Qualcomm s own expert, Dr. Razavi, applied this allegedly indefinite term with no difficulty in his validity analysis. See Ex. 45 (Razavi Report) at (interpreting the phrase substantially prevents accurate voltage reproduction of the carrier signal during apertures to mean that the input signal is negatively impacted or distorted during each aperture and he contends that several references anticipate this claim limitation). A claim that is amenable to construction is not invalid on the ground of indefiniteness. Energizer Holdings, Inc. v. Int l Trade Comm n, 435 F.3d 1366, 1371 (Fed. Cir. 2006). 13 E. ParkerVision Intends To Brief Injunctions At A Later Date. ParkerVision intends to request an injunction to prevent continued infringement by Qualcomm. ParkerVision will brief its request for an injunction post-trial. III. CONCLUSION For the foregoing reasons, ParkerVision respectfully requests that the Court accept the above conclusions of law. 13 See also Apple, Inc., v. Samsung Elecs. Co., Case No. 11-CV-01846, 2013 U.S. Dist. LEXIS 13237, at *26 (N.D. Cal. Jan. 29, 2013) (expert s application of substantially centered to accused products supported conclusion that term was not insolubly ambiguous). McKool v8 25

32 Case 3:11-cv RBD-TEM Document 334 Filed 09/12/13 Page 32 of 33 PageID September 12, 2013 Respectfully submitted, McKOOL SMITH, P.C. /s/ Douglas A. Cawley Douglas A. Cawley, Lead Attorney Texas State Bar No Richard A. Kamprath Texas State Bar No.: Ivan Wang Texas State Bar No.: McKool Smith P.C. 300 Crescent Court, Suite 1500 Dallas, Texas Telephone: (214) Telecopier: (214) SMITH HULSEY & BUSEY /s/ James A. Bolling Stephen D. Busey James A. Bolling Florida Bar Number Florida Bar Number Water Street, Suite 1800 Jacksonville, Florida (904) (904) (facsimile) ATTORNEYS FOR PLAINTIFF PARKERVISION, INC. T. Gordon White Texas State Bar No Kevin L. Burgess Texas State Bar No Josh W. Budwin Texas State Bar No Leah Buratti Texas State Bar No Mario A. Apreotesi Texas State Bar No Kevin Kneupper Texas State Bar No James Quigley Texas State Bar No McKool Smith P.C. 300 West Sixth Street, Suite 1700 Austin, Texas Telephone: (512) Telecopier: (512)

33 Case 3:11-cv RBD-TEM Document 334 Filed 09/12/13 Page 33 of 33 PageID CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing document has been served on all counsel of record via the Court s ECF system on September 12, /s/ Leah Buratti Leah Buratti

34 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 1 of 1 PageID PARKERVISION, INC., Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION v. Case No. 3:11-cv-719-J-37TEM Qualcomm INCORPORATED, Defendant. EXHIBIT 1 TO PARKERVISION S TRIAL BRIEF ON ISSUES OF LAW OUTSIDE ATTORNEYS' EYES ONLY UNDER SEAL - SUBJECT TO PROTECTIVE ORDER - CONTAINS CONFIDENTIAL INFORMATION - TO BE OPENED ONLY AS DIRECTED BY THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA McKool v1

35 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 1 of 1 PageID PARKERVISION, INC., Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION v. Case No. 3:11-cv-719-J-37TEM Qualcomm INCORPORATED, Defendant. EXHIBIT 2 TO PARKERVISION S TRIAL BRIEF ON ISSUES OF LAW OUTSIDE ATTORNEYS' EYES ONLY UNDER SEAL - SUBJECT TO PROTECTIVE ORDER - CONTAINS CONFIDENTIAL INFORMATION - TO BE OPENED ONLY AS DIRECTED BY THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA McKool v1

36 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 1 of 1 PageID PARKERVISION, INC., Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION v. Case No. 3:11-cv-719-J-37TEM Qualcomm INCORPORATED, Defendant. EXHIBIT 3 TO PARKERVISION S TRIAL BRIEF ON ISSUES OF LAW OUTSIDE ATTORNEYS' EYES ONLY UNDER SEAL - SUBJECT TO PROTECTIVE ORDER - CONTAINS CONFIDENTIAL INFORMATION - TO BE OPENED ONLY AS DIRECTED BY THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA McKool v1

37 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 1 of 1 PageID PARKERVISION, INC., Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION v. Case No. 3:11-cv-719-J-37TEM Qualcomm INCORPORATED, Defendant. EXHIBIT 4 TO PARKERVISION S TRIAL BRIEF ON ISSUES OF LAW OUTSIDE ATTORNEYS' EYES ONLY UNDER SEAL - SUBJECT TO PROTECTIVE ORDER - CONTAINS CONFIDENTIAL INFORMATION - TO BE OPENED ONLY AS DIRECTED BY THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA McKool v1

38 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 1 of 1 PageID PARKERVISION, INC., Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION v. Case No. 3:11-cv-719-J-37TEM Qualcomm INCORPORATED, Defendant. EXHIBIT 5 TO PARKERVISION S TRIAL BRIEF ON ISSUES OF LAW OUTSIDE ATTORNEYS' EYES ONLY UNDER SEAL - SUBJECT TO PROTECTIVE ORDER - CONTAINS CONFIDENTIAL INFORMATION - TO BE OPENED ONLY AS DIRECTED BY THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA McKool v1

39 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 1 of 1 PageID PARKERVISION, INC., Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION v. Case No. 3:11-cv-719-J-37TEM Qualcomm INCORPORATED, Defendant. EXHIBIT 6 TO PARKERVISION S TRIAL BRIEF ON ISSUES OF LAW OUTSIDE ATTORNEYS' EYES ONLY UNDER SEAL - SUBJECT TO PROTECTIVE ORDER - CONTAINS CONFIDENTIAL INFORMATION - TO BE OPENED ONLY AS DIRECTED BY THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA McKool v1

40 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 1 of 1 PageID PARKERVISION, INC., Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION v. Case No. 3:11-cv-719-J-37TEM Qualcomm INCORPORATED, Defendant. EXHIBIT 7 TO PARKERVISION S TRIAL BRIEF ON ISSUES OF LAW OUTSIDE ATTORNEYS' EYES ONLY UNDER SEAL - SUBJECT TO PROTECTIVE ORDER - CONTAINS CONFIDENTIAL INFORMATION - TO BE OPENED ONLY AS DIRECTED BY THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA McKool v1

41 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 1 of 1 PageID PARKERVISION, INC., Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION v. Case No. 3:11-cv-719-J-37TEM Qualcomm INCORPORATED, Defendant. EXHIBIT 8 TO PARKERVISION S TRIAL BRIEF ON ISSUES OF LAW OUTSIDE ATTORNEYS' EYES ONLY UNDER SEAL - SUBJECT TO PROTECTIVE ORDER - CONTAINS CONFIDENTIAL INFORMATION - TO BE OPENED ONLY AS DIRECTED BY THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA McKool v1

42 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 1 of 1 PageID PARKERVISION, INC., Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION v. Case No. 3:11-cv-719-J-37TEM Qualcomm INCORPORATED, Defendant. EXHIBIT 9 TO PARKERVISION S TRIAL BRIEF ON ISSUES OF LAW OUTSIDE ATTORNEYS' EYES ONLY UNDER SEAL - SUBJECT TO PROTECTIVE ORDER - CONTAINS CONFIDENTIAL INFORMATION - TO BE OPENED ONLY AS DIRECTED BY THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA McKool v1

43 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 1 of 1 PageID PARKERVISION, INC., Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION v. Case No. 3:11-cv-719-J-37TEM Qualcomm INCORPORATED, Defendant. EXHIBIT 10 TO PARKERVISION S TRIAL BRIEF ON ISSUES OF LAW OUTSIDE ATTORNEYS' EYES ONLY UNDER SEAL - SUBJECT TO PROTECTIVE ORDER - CONTAINS CONFIDENTIAL INFORMATION - TO BE OPENED ONLY AS DIRECTED BY THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA McKool v1

44 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 1 of 1 PageID PARKERVISION, INC., Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION v. Case No. 3:11-cv-719-J-37TEM Qualcomm INCORPORATED, Defendant. EXHIBIT 11 TO PARKERVISION S TRIAL BRIEF ON ISSUES OF LAW OUTSIDE ATTORNEYS' EYES ONLY UNDER SEAL - SUBJECT TO PROTECTIVE ORDER - CONTAINS CONFIDENTIAL INFORMATION - TO BE OPENED ONLY AS DIRECTED BY THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA McKool v1

45 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 1 of 1 PageID PARKERVISION, INC., Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION v. Case No. 3:11-cv-719-J-37TEM Qualcomm INCORPORATED, Defendant. EXHIBIT 12 TO PARKERVISION S TRIAL BRIEF ON ISSUES OF LAW OUTSIDE ATTORNEYS' EYES ONLY UNDER SEAL - SUBJECT TO PROTECTIVE ORDER - CONTAINS CONFIDENTIAL INFORMATION - TO BE OPENED ONLY AS DIRECTED BY THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA McKool v1

46 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 1 of 1 PageID PARKERVISION, INC., Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION v. Case No. 3:11-cv-719-J-37TEM Qualcomm INCORPORATED, Defendant. EXHIBIT 13 TO PARKERVISION S TRIAL BRIEF ON ISSUES OF LAW OUTSIDE ATTORNEYS' EYES ONLY UNDER SEAL - SUBJECT TO PROTECTIVE ORDER - CONTAINS CONFIDENTIAL INFORMATION - TO BE OPENED ONLY AS DIRECTED BY THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA McKool v1

47 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 1 of 1 PageID PARKERVISION, INC., Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION v. Case No. 3:11-cv-719-J-37TEM Qualcomm INCORPORATED, Defendant. EXHIBIT 14 TO PARKERVISION S TRIAL BRIEF ON ISSUES OF LAW OUTSIDE ATTORNEYS' EYES ONLY UNDER SEAL - SUBJECT TO PROTECTIVE ORDER - CONTAINS CONFIDENTIAL INFORMATION - TO BE OPENED ONLY AS DIRECTED BY THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA McKool v1

48 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 1 of 1 PageID PARKERVISION, INC., Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION v. Case No. 3:11-cv-719-J-37TEM Qualcomm INCORPORATED, Defendant. EXHIBIT 15 TO PARKERVISION S TRIAL BRIEF ON ISSUES OF LAW OUTSIDE ATTORNEYS' EYES ONLY UNDER SEAL - SUBJECT TO PROTECTIVE ORDER - CONTAINS CONFIDENTIAL INFORMATION - TO BE OPENED ONLY AS DIRECTED BY THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA McKool v1

49 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 1 of 1 PageID PARKERVISION, INC., Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION v. Case No. 3:11-cv-719-J-37TEM Qualcomm INCORPORATED, Defendant. EXHIBIT 16 TO PARKERVISION S TRIAL BRIEF ON ISSUES OF LAW OUTSIDE ATTORNEYS' EYES ONLY UNDER SEAL - SUBJECT TO PROTECTIVE ORDER - CONTAINS CONFIDENTIAL INFORMATION - TO BE OPENED ONLY AS DIRECTED BY THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA McKool v1

50 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 1 of 1 PageID PARKERVISION, INC., Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION v. Case No. 3:11-cv-719-J-37TEM Qualcomm INCORPORATED, Defendant. EXHIBIT 17 TO PARKERVISION S TRIAL BRIEF ON ISSUES OF LAW OUTSIDE ATTORNEYS' EYES ONLY UNDER SEAL - SUBJECT TO PROTECTIVE ORDER - CONTAINS CONFIDENTIAL INFORMATION - TO BE OPENED ONLY AS DIRECTED BY THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA McKool v1

51 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 1 of 1 PageID PARKERVISION, INC., Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION v. Case No. 3:11-cv-719-J-37TEM Qualcomm INCORPORATED, Defendant. EXHIBIT 18 TO PARKERVISION S TRIAL BRIEF ON ISSUES OF LAW OUTSIDE ATTORNEYS' EYES ONLY UNDER SEAL - SUBJECT TO PROTECTIVE ORDER - CONTAINS CONFIDENTIAL INFORMATION - TO BE OPENED ONLY AS DIRECTED BY THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA McKool v1

52 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 1 of 1 PageID PARKERVISION, INC., Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION v. Case No. 3:11-cv-719-J-37TEM Qualcomm INCORPORATED, Defendant. EXHIBIT 19 TO PARKERVISION S TRIAL BRIEF ON ISSUES OF LAW OUTSIDE ATTORNEYS' EYES ONLY UNDER SEAL - SUBJECT TO PROTECTIVE ORDER - CONTAINS CONFIDENTIAL INFORMATION - TO BE OPENED ONLY AS DIRECTED BY THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA McKool v1

53 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 1 of 1 PageID PARKERVISION, INC., Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION v. Case No. 3:11-cv-719-J-37TEM Qualcomm INCORPORATED, Defendant. EXHIBIT 20 TO PARKERVISION S TRIAL BRIEF ON ISSUES OF LAW OUTSIDE ATTORNEYS' EYES ONLY UNDER SEAL - SUBJECT TO PROTECTIVE ORDER - CONTAINS CONFIDENTIAL INFORMATION - TO BE OPENED ONLY AS DIRECTED BY THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA McKool v1

54 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 1 of 1 PageID PARKERVISION, INC., Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION v. Case No. 3:11-cv-719-J-37TEM Qualcomm INCORPORATED, Defendant. EXHIBIT 21 TO PARKERVISION S TRIAL BRIEF ON ISSUES OF LAW OUTSIDE ATTORNEYS' EYES ONLY UNDER SEAL - SUBJECT TO PROTECTIVE ORDER - CONTAINS CONFIDENTIAL INFORMATION - TO BE OPENED ONLY AS DIRECTED BY THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA McKool v1

55 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 1 of 1 PageID PARKERVISION, INC., Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION v. Case No. 3:11-cv-719-J-37TEM Qualcomm INCORPORATED, Defendant. EXHIBIT 22 TO PARKERVISION S TRIAL BRIEF ON ISSUES OF LAW OUTSIDE ATTORNEYS' EYES ONLY UNDER SEAL - SUBJECT TO PROTECTIVE ORDER - CONTAINS CONFIDENTIAL INFORMATION - TO BE OPENED ONLY AS DIRECTED BY THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA McKool v1

56 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 1 of 1 PageID PARKERVISION, INC., Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION v. Case No. 3:11-cv-719-J-37TEM Qualcomm INCORPORATED, Defendant. EXHIBIT 23 TO PARKERVISION S TRIAL BRIEF ON ISSUES OF LAW OUTSIDE ATTORNEYS' EYES ONLY UNDER SEAL - SUBJECT TO PROTECTIVE ORDER - CONTAINS CONFIDENTIAL INFORMATION - TO BE OPENED ONLY AS DIRECTED BY THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA McKool v1

57 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 1 of 1 PageID PARKERVISION, INC., Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION v. Case No. 3:11-cv-719-J-37TEM Qualcomm INCORPORATED, Defendant. EXHIBIT 24 TO PARKERVISION S TRIAL BRIEF ON ISSUES OF LAW OUTSIDE ATTORNEYS' EYES ONLY UNDER SEAL - SUBJECT TO PROTECTIVE ORDER - CONTAINS CONFIDENTIAL INFORMATION - TO BE OPENED ONLY AS DIRECTED BY THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA McKool v1

58 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 1 of 1 PageID PARKERVISION, INC., Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION v. Case No. 3:11-cv-719-J-37TEM Qualcomm INCORPORATED, Defendant. EXHIBIT 25 TO PARKERVISION S TRIAL BRIEF ON ISSUES OF LAW OUTSIDE ATTORNEYS' EYES ONLY UNDER SEAL - SUBJECT TO PROTECTIVE ORDER - CONTAINS CONFIDENTIAL INFORMATION - TO BE OPENED ONLY AS DIRECTED BY THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA McKool v1

59 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 1 of 1 PageID PARKERVISION, INC., Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION v. Case No. 3:11-cv-719-J-37TEM Qualcomm INCORPORATED, Defendant. EXHIBIT 26 TO PARKERVISION S TRIAL BRIEF ON ISSUES OF LAW OUTSIDE ATTORNEYS' EYES ONLY UNDER SEAL - SUBJECT TO PROTECTIVE ORDER - CONTAINS CONFIDENTIAL INFORMATION - TO BE OPENED ONLY AS DIRECTED BY THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA McKool v1

60 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 1 of 1 PageID PARKERVISION, INC., Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION v. Case No. 3:11-cv-719-J-37TEM Qualcomm INCORPORATED, Defendant. EXHIBIT 27 TO PARKERVISION S TRIAL BRIEF ON ISSUES OF LAW OUTSIDE ATTORNEYS' EYES ONLY UNDER SEAL - SUBJECT TO PROTECTIVE ORDER - CONTAINS CONFIDENTIAL INFORMATION - TO BE OPENED ONLY AS DIRECTED BY THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA McKool v1

61 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 1 of 1 PageID PARKERVISION, INC., Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION v. Case No. 3:11-cv-719-J-37TEM Qualcomm INCORPORATED, Defendant. EXHIBIT 28 TO PARKERVISION S TRIAL BRIEF ON ISSUES OF LAW OUTSIDE ATTORNEYS' EYES ONLY UNDER SEAL - SUBJECT TO PROTECTIVE ORDER - CONTAINS CONFIDENTIAL INFORMATION - TO BE OPENED ONLY AS DIRECTED BY THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA McKool v1

62 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 1 of 1 PageID PARKERVISION, INC., Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION v. Case No. 3:11-cv-719-J-37TEM Qualcomm INCORPORATED, Defendant. EXHIBIT 29 TO PARKERVISION S TRIAL BRIEF ON ISSUES OF LAW OUTSIDE ATTORNEYS' EYES ONLY UNDER SEAL - SUBJECT TO PROTECTIVE ORDER - CONTAINS CONFIDENTIAL INFORMATION - TO BE OPENED ONLY AS DIRECTED BY THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA McKool v1

63 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 1 of 1 PageID PARKERVISION, INC., Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION v. Case No. 3:11-cv-719-J-37TEM Qualcomm INCORPORATED, Defendant. EXHIBIT 30 TO PARKERVISION S TRIAL BRIEF ON ISSUES OF LAW OUTSIDE ATTORNEYS' EYES ONLY UNDER SEAL - SUBJECT TO PROTECTIVE ORDER - CONTAINS CONFIDENTIAL INFORMATION - TO BE OPENED ONLY AS DIRECTED BY THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA McKool v1

64 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 1 of 1 PageID PARKERVISION, INC., Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION v. Case No. 3:11-cv-719-J-37TEM Qualcomm INCORPORATED, Defendant. EXHIBIT 31 TO PARKERVISION S TRIAL BRIEF ON ISSUES OF LAW OUTSIDE ATTORNEYS' EYES ONLY UNDER SEAL - SUBJECT TO PROTECTIVE ORDER - CONTAINS CONFIDENTIAL INFORMATION - TO BE OPENED ONLY AS DIRECTED BY THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA McKool v1

65 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 1 of 1 PageID PARKERVISION, INC., Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION v. Case No. 3:11-cv-719-J-37TEM Qualcomm INCORPORATED, Defendant. EXHIBIT 32 TO PARKERVISION S TRIAL BRIEF ON ISSUES OF LAW OUTSIDE ATTORNEYS' EYES ONLY UNDER SEAL - SUBJECT TO PROTECTIVE ORDER - CONTAINS CONFIDENTIAL INFORMATION - TO BE OPENED ONLY AS DIRECTED BY THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA McKool v1

66 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 1 of 1 PageID PARKERVISION, INC., Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION v. Case No. 3:11-cv-719-J-37TEM Qualcomm INCORPORATED, Defendant. EXHIBIT 33 TO PARKERVISION S TRIAL BRIEF ON ISSUES OF LAW OUTSIDE ATTORNEYS' EYES ONLY UNDER SEAL - SUBJECT TO PROTECTIVE ORDER - CONTAINS CONFIDENTIAL INFORMATION - TO BE OPENED ONLY AS DIRECTED BY THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA McKool v1

67 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 1 of 13 PageID EXHIBIT 34

68 Case 3:11-cv RBD-TEM Document Filed 09/12/13 09/13/12 Page 21 of PageID UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION PARKER VISION, INCORPORATED, Plaintiff, v. Case No. 3:11-CV-719-J-37-TEM QUALCOMM, INCORPORATED, Defendant, QUALCOMM, INCORPORATED, Counterclaim Plaintiff, v. PARKER VISION, INCORPORATED, Counterclaim Defendant. DECLARATION OF DAVID SORRELLS I. Background and Experience My name is David Sorrells and I provide this declaration in support of ParkerVision s Response to Qualcomm s Motion to Strike ParkerVision s Infringement Contentions. I have over twenty-nine years of research and development experience in radio frequency, mixed signal, and digital integrated circuits. I have been the chief technical officer of ParkerVision since 1996 and a director since II. Reverse Engineering of QSC6270 and Parker Vision s Infringement Contentions During the initial investigation into whether Qualcomm infringed the Patents-in-Suit, 1

69 Case 3:11-cv RBD-TEM Document Filed 09/12/13 09/13/12 Page 32 of PageID Parker Vision gathered as much publically available information regarding Qualcomm s radio frequency receiver integrated circuits as possible from sources like Qualcomm s issued patents, related papers, product data sheets, technical journal articles, and other publically available information related to Qualcomm s radio frequency receiver integrated circuits. Among other references, I reviewed: (1) A 65nm CMOS SoC with Embedded HSDPA/EDGE Transceiver, Digital Baseband and Multimedia Processor (published by Qualcomm); (2) Single-Chip RF CMOS UMTS/EGSM Transceiver with Integrated Receive Diversity and GPS (published by Qualcomm); (3) A Resistively Degenerated Wide-Band Passive Mixer with Low Noise Figure and +60dBm IIP2 in.18um CMOS (published by Qualcomm); (4) U.S. Patent Number 7,826,816 (assigned to Qualcomm); and (5) U.S. Patent Number 7,769,361 (assigned to Qualcomm). Based on this information, I was able to understand the specifications and operating characteristics of a host of Qualcomm s products. This publically available information was helpful in determining system-level operation and specifications--which is essential in understanding functionality of an integrated circuit as a whole. Based on Qualcomm s publically available information, I was able to determine that many of Qualcomm s radio frequency receiver integrated circuits were functionally identical at a system-level. At the same time, Qualcomm s publically available information did not contain transistor-level schematics, parameters, or layouts. While this level of detail is not necessary to determine the functional or operational similarities of integrated circuits on a system-level, these details would be required for ParkerVision to create in-depth claim charts in its infringement contentions. These details cannot be determined by testing the normal operation of an integrated circuit or by the naked eye. 2

70 Case 3:11-cv RBD-TEM Document Filed 09/12/13 09/13/12 Page 43 of PageID In order to validate and construct its infringement contentions, ParkerVision s legal counsel purchased a reverse engineering analysis and report on the QSC6270 integrated circuit from UBM TechInsights at a cost of approximately $128,000. The UBM TechInsights analysis and report shows detailed circuit schematics and the circuit layout found in the QSC6270, specifically the analog and mixed signal receiver circuitry. III. Rebuttal to Dunworth Declaration A. Dunworth s Claim that the Accused Products Contain Different Receiver Circuitry and Different Circuit Paths ParkerVision acknowledges that general receiver design requirements are different for cellular, Bluetooth, and wireless-lan receivers especially when including the standard related baseband processor circuitry commonly referred to as receiver back-end circuitry. ParkerVision s infringement contentions are currently directed to Qualcomm s cellular receiver designs, specifically the analog and mixed signal receiver front-end architecture and downconverter circuitry, i.e., the receiver circuitry for down-converting a carrier signal to a lower frequency signal including a baseband signal. By examining Qualcomm s issued patents, related papers, and other publically available information pertaining to various Qualcomm integrated circuits, I determined that Qualcomm uses identical: (1) receiver architectures with respect to our ICs; and (2) receiver down-converter circuitry in all of its cellular receiver designs. Both Qualcomm and Mr. Dunworth vaguely allege that most of the accused products do not make use of the same RF circuit design as that found in the QSC6270. More specifically, 3

71 Case 3:11-cv RBD-TEM Document Filed 09/12/13 09/13/12 Page 54 of PageID Qualcomm argues that GSM high-band, GSM low-band, WCDMA, and WCDMA receivers are distinct circuit paths and that Parker Vision s infringement contentions do not apply to each. As a person having ordinary skill in the art would know, each of these circuit paths contains an antenna, filters, amplifiers, and down-converters (mixers) among other elements. The main distinctions between these receivers are not their system-level architecture, rather, it is the frequency of the carrier signal that is used for transmission and the way the data is embedded in the carrier signal. A person of ordinary skill in the art would know that there are no distinctions between these RF front-ends that materially alter the architecture or the functionality of the RF receiver s analog and mixed-signal circuit design. Contrary to Mr. Dunworth s arguments, both the UBM TechInsights analysis and ParkerVision s infringement contentions contain circuit schematics that explicitly show these five distinct RF front ends that correspond to the five signal paths that he claims are not analyzed. The infringing down-conversion circuitry of the accused products is contained within each of the five signal paths. Analyzing the information in the UBM TechInsights report, it can be shown that all five paths contain identical receiver circuit architectures and down-converter circuitry with respect to ParkerVision s ICs. Any minimal circuit variations in each path in the QSC6270 appear to be mainly due to the different receiver operational frequencies and include slightly different passive switch sizes/configurations and different local oscillator (LO) frequencies. These immaterial differences, however, are irrelevant to the Accused Instrumentalities identical functionality with respect to our ICs. These five (5) receiver downconverter paths are so identical that their outputs are tied together and they share the same output node and output circuitry: 4

72 Case 3:11-cv RBD-TEM Document Filed 09/12/13 09/13/12 Page 65 of PageID

73 Case 3:11-cv RBD-TEM Document Filed 09/12/13 09/13/12 Page 76 of PageID (ParkerVision s Infringement Contentions Exhibit A.1 at page 7; Section of Figure 3.0, UBM TechInsights Report.) It is important to note that the output circuitry connected to each passive mixer (down-converter) switching circuitry performs the same function(s) using the same circuitry and component values as shown by the additional detail below: 6

74 7 Case 3:11-cv RBD-TEM Document Filed 09/12/13 09/13/12 Page 87 of PageID

75 Case 3:11-cv RBD-TEM Document Filed 09/12/13 09/13/12 Page 98 of PageID (Figures 3.1 and Section of Figure 3.2, UBM TechInsights Report.) ParkerVision s infringement contentions thus apply to at least one of the five receiver signal paths and their associated circuitry. B. Dunworth s Claim that the Accused Products Contain Different Down-Conversion Circuitry The pertinent issue in this case is the functionality of the down-conversion circuitry in the front end of Qualcomm s radio frequency receivers. Qualcomm and Mr. Dunworth claim that this circuitry in the QSC6270 integrated circuit is different than that found in many of the accused products because the QSC6270 operates in current mode while an unidentified number within the accused products operate in voltage mode. ParkerVision s energy sampling invention requires that energy be transferred at an aliasing rate and can be implemented independent of whether the circuit is operated in current mode or voltage mode. Additionally, some of ParkerVision s asserted claims are directed towards the input and output impedances required to transfer the desired amount of power: (ParkerVision Infringement Contentions Exhibit A.1 at 14.) The ratio of these input and output impedances determine whether a circuit should be classified as operating in a voltage mode or current mode. Thus, ParkerVision s claims cover the amount of energy transferred and are independent of the operational mode and Mr. Dunworth s distinction between voltage mode and 8

76 Case 3:11-cv RBD-TEM Document Filed 09/12/13 09/13/12 Page 10 9 of PageID current mode has no bearing on whether Qualcomm s Accused Instrumentalities infringe the Patents-in-Suit. C. Dunworth s Claim that the Capacitor and Differential Capacitor at the Output Node of the Mixers in QSC6270 is not Present in Many of the Accused Products Mr. Dunworth first claims that the Patents-in-Suit require a capacitor at the output node of the Mixer (down-converter) and that this capacitor is not present in many of the accused products. ParkerVision s disclosure, claims, and infringement contentions clearly describe that a storage module can be comprised of passive circuitry, such as a capacitor or inductor, or active circuitry, such as an operational amplifier integrator/filter, or a combination of all of the above. (See ParkerVision s Infringement Contentions Exhibit A.1 at pages 3, 5, 17.) Based on the analysis of Qualcomm s publically available documentation and the UBM TechInsights analysis, each of the accused products contains a storage module as described in the Patents-in-Suit. Mr. Dunworth also claims that the Patents-in-Suit require a differential capacitor between the output nodes of the mixer (down-converter) and that this capacitor is not present in many of the accused products. As discussed above, ParkerVision s disclosure, claims, and infringement contentions clearly describe that a storage module can be comprised of passive circuitry, such as a capacitor or inductor, or active circuitry, such as an operational amplifier integrator/filter, or a combination of all of the above. In Qualcomm s patents and conference papers, Qualcomm consistently depicts differential storage-element circuitry which is identical to that found in the QSC6270 with respect to ParkerVision s ICs: 9

77 Case 3:11-cv RBD-TEM Document Filed 09/12/13 09/13/12 Page of PageID I Differential Storage Element Circuitry Q Differential Storage Element Circuitry (ParkerVision s Infringement Contentions Exhibit A.1 at page 5.) Additionally, the differential outputs of each down-converter will be coupled on the substrate of the integrated circuit, as shown in the layout, in order to reduce noise. Based on the analysis of Qualcomm s publically available documentation and the UBM TechInsights analysis, each of the accused products contains a storage module as described in the Patents-in-Suit. D. Dunworth s Claim that Many Accused Products Do Not Use the Same Duty Cycle as the QSC6270 ParkerVision s disclosure, claims, and infringement contentions explicitly encompass different duty cycles and aperture widths. Many of ParkerVision s claims detail the amount of energy transferred during all or a portion of a half cycle of a carrier signal. Both 25% and 50% duty cycle implementations as well as a wide range of duty cycles are expressly contemplated. (See ParkerVision s Infringement Contentions Exhibit A.1 at pages 16, 18.) 10

78 Case 3:11-cv RBD-TEM Document Filed 09/12/13 09/13/12 Page of PageID E. Dunworth s Claim that the RGR1000 Does Not Enable Direct Down-Conversion While Mr. Dunworth s claim that the RGR1000 does not enable direct down-conversion may be true, Claim 1 of the 551 patent expressly contemplates A method for down-converting a carrier signal to a lower frequency signal comprising the steps of Additionally, Claim 62 of the 551 patent states The method of claim 1, wherein step (3) comprises the step of generating an intermediate frequency signal from the transferred energy. Therefore, down-conversion to an intermediate frequency (IF) before conversion to baseband, which Mr. Dunworth claims the RGR1000 is able to do, is explicitly contemplated in the Patents-in-Suit. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. 11

79 Case 3:11-cv RBD-TEM Document Filed 09/12/13 09/13/12 Page of PageID Signed this 13 day of September, David Sorrells 12

80 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 1 of 3 PageID EXHIBIT 35

81 Effective Case October 3:11-cv RBD-TEM 1, 2012, QUALCOMM Incorporated completed a corporate Document reorganization in which the assets Filed of certain 09/12/13 of its businesses Page and groups, 2 of as well 3 as PageID the stock of certain of its direct and indirect subsidiaries, were contributed to Qualcomm Technologies, Inc. (QTI), a wholly-owned subsidiary of QUALCOMM Incorporated. Learn more about these changes Chipsets Technologies Solutions Search Qualcomm News and Media New s and Media Press Releases Qualcomm Samples Single-Chip Solutions for Low -Cost CDMA2000 Handsets Press Releases Blog Videos LIVE! Webcasts Events Documents Subscribe (RSS) Qualcomm Samples Single-Chip Solutions for Low- Cost CDMA2000 Handsets More than Five Leading Manufacturers Already Developing Devices Press Kits LAS VEGAS April 05, 2006 Qualcomm Incorporated (Nasdaq: QCOM), a leading developer and innovator of Code Division Multiple Access (CDMA) and other advanced wireless technologies, today announced the sampling of its first-generation Qualcomm Single Chip (QSC ) solutions, the QSC6010, QSC6020 and QSC6030 products for CDMA2000 1X networks, with more than five leading device manufacturers already receiving shipments of the solutions and developing designs. These solutions deliver significant size, cost, performance, talk-time and time-to-market benefits for entry-level CDMA2000 handsets. The Company also today defined its previously announced second generation of QSC products, the QSC6055 and QSC6065 solutions, to address multi-band RF and simultaneous-gps requirements. The second generation of QSC solutions features 65 nanometer (nm) process technology, multiple network capacity-enhancing features, optimized power consumption and extended multimedia, as well as enhanced navigation and position-location capabilities. The first mobile handset models based on first-generation QSC solutions are expected to launch by the fourth quarter of The second generation of QSC solutions, including the QSC6055 from the Value Platform and the QSC6065 from the Multimedia Platform, are expected to sample in the fourth quarter of Our first QSC products are enabling manufacturers to develop compelling handsets for Qualcomm s very important entry-level and mainstream CDMA2000 markets, said Brian Rodrigues, senior director of product management for Qualcomm CDMA Technologies. With the announcement of the newly defined QSC6055 and QSC6065 solutions, our handset manufacturer partners will now also be able to bring these single-chip solutions to extended markets, including North America. Qualcomm s QSC solutions are the industry s first to integrate a CDMA2000 1X radio transceiver, baseband modem, power management device and multimedia engines into a single chip. By dramatically reducing the number of required discrete components and board-area savings in excess of 40 percent, manufacturers can offer smaller and sleeker designs at lower cost. The QSC6010, QSC6020 and QSC6030 single-chip solutions from the Company s Value Platform offer cost-effective voice and data capabilities with basic multimedia. The new QSC6055 and QSC6065 solutions expand the QSC family, bringing to market two new pin- and software API-compatible configurations with additional features. Capabilities of the first generation of QSC solutions will be showcased at CTIA 2006 in Qualcomm s Booth #2047, Hall C4/C5. For more information on the QSC family of single-chip solutions, visit Qualcomm Incorporated ( is a leader in developing and delivering innovative digital wireless communications products and services based on CDMA and other advanced technologies. Headquartered in San Diego, Calif., Qualcomm is included in the S&P 500 Index and is a 2005 FORTUNE 500 company traded

82 Case 3:11-cv RBD-TEM on The Nasdaq Stock Document Market under the ticker Filed symbol 09/12/13 QCOM. Page 3 of 3 PageID Except for the historical information contained herein, this news release contains forward-looking statements that are subject to risks and uncertainties, including the Company s ability to successfully design and have manufactured significant quantities of CDMA components on a timely and profitable basis, the extent and speed to which CDMA is deployed, change in economic conditions of the various markets the Company serves, as well as the other risks detailed from time to time in the Company s SEC reports, including the report on Form 10-K for the year ended September 25, 2005, and most recent Form 10-Q. ### Qualcomm is a registered trademark of Qualcomm Incorporated. Qualcomm Single Chip, QSC, QSC6010, QSC6020, QSC6030, QSC6055 and QSC6065 are trademarks of Qualcomm Incorporated. CDMA2000 is a registered trademark of the Telecommunications Industry Association (TIA USA). All other trademarks are the property of their respective owners. Topics: Corporate Qualcomm Contacts For press inquiries, view our Press Contacts page. Share S S S M Like 0 S Fe About Qualcomm Research Connect Communities News and Media Careers Leadership Research Areas Contact Information Facebook Blog Search Jobs Our Businesses University Relations Public Relations Twitter Press Releases Students & New Grads History Resources Investor Relations YouTube Videos Meet Our People Corporate Citizenship Research Locations Analyst Relations LinkedIn LIVE! Webcasts Offices and Facilities Public Policy Google+ Events Support Developers Documents Subscribe (RSS) Terms of Use Privacy Cookie Policy 2013 QUALCOMM Incorporated and/or its subsidiaries. All Rights Reserved. Nothing in these materials is an offer to sell any of the components or devices referenced herein. References to Qualcomm may mean Qualcomm Incorporated, or subsidiaries or business units w ithin the Qualcomm corporate structure, as applicable. Materials that are as of a specific date, including but not limited to press releases, presentations, blog posts and w ebcasts, may have been superseded by subsequent events or disclosures.

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101 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 1 of 1 PageID PARKERVISION, INC., Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION v. Case No. 3:11-cv-719-J-37TEM Qualcomm INCORPORATED, Defendant. EXHIBIT 37 TO PARKERVISION S TRIAL BRIEF ON ISSUES OF LAW OUTSIDE ATTORNEYS' EYES ONLY UNDER SEAL - SUBJECT TO PROTECTIVE ORDER - CONTAINS CONFIDENTIAL INFORMATION - TO BE OPENED ONLY AS DIRECTED BY THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA McKool v1

102 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 1 of 1 PageID PARKERVISION, INC., Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION v. Case No. 3:11-cv-719-J-37TEM Qualcomm INCORPORATED, Defendant. EXHIBIT 38 TO PARKERVISION S TRIAL BRIEF ON ISSUES OF LAW OUTSIDE ATTORNEYS' EYES ONLY UNDER SEAL - SUBJECT TO PROTECTIVE ORDER - CONTAINS CONFIDENTIAL INFORMATION - TO BE OPENED ONLY AS DIRECTED BY THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA McKool v1

103 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 1 of 2 PageID EXHIBIT 39

104 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 2 of 2 PageID US B2 (12) United States Patent Sorrells et al. (10) Patent No.: US 7,822,401 B2 (45) Date of Patent: *Oct. 26, 2010 (54) APPARATUS AND METHOD FOR DOWN-CONVERTING ELECTROMAGNETIC SIGNALS BY CONTROLLED CHARGING AND DISCHARGING OF A CAPACITOR (75) Inventors: David F. Sorrells, Middleburg, FL (US); Michael J. Bultman, Jacksonville, FL (US); Robert W. Cook, Switzerland, FL (US); Richard C. Looke, Jacksonville, FL (US); Charley D. Moses, Jr., Jacksonville, FL (US); Gregory S. Rawlins, Heathrow, FL (US); Michael W. Rawlins, Lake Mary, FL (US) (73) Assignee: ParkerVision, Inc., Jacksonville, FL (US) ( * ) Notice: Subject to any disclaimer, the term of this patent is extended or adjusted under 35 U.S.c. 154(b) by 1273 days. This patent is subject to a tenninal disclaimer. (21) Appl. No.: 10/961,342 (22) (65) Filed: Oct. 12, 2004 Prior Publication Data US 2007/ Al Dec. 20, 2007 Related U.S. Application Data (60) Division of application No. 09/855,851, filed on May 16,2001, now Pat. No. 7,010,286, which is a continuation-in-part of application No. 09/550,644, filed on Apr. 14,2000, now Pat. No. 7,515,896. (60) Provisional application No. 60/204,796, filed on May 16, 2000, provisional application No. 60/213,363, filed on Jun. 21, 2000, provisional application No. 60/272,043, filed on Mar. 1,2001. (51) Int. Cl. H04B 1126 ( ) (52) U.S. Cl /323; 455/333; 455/334 (58) Field of Classification Search /313, 455/323,334,318,316,319,325,333,339, 455/ ,130, 197.2,203,262,265, 455/284,287,326; 327/ See application file for complete search history. (56) DE References Cited U.S. PATENT DOCUMENTS 2,057,613 A 10/1936 Gardner (Continued) FOREIGN PATENT DOCUMENTS (Continued) OTHER PUBLICATIONS Gaudiosi, J., "Retailers will bundle Microsoft's Xbox with games and peripherals," Video Store Magazine, vol. 23, Issue 36, p. 8, 2 pages (Sep. 2-8, 2001). English-language Translation of German Patent Publication No. DT , translation provided by TransperfectTranslations, 12 pages (Jan. 28, 1971-Date of publication of application). (Continued) Primary Examiner-Pablo N Tran (74) Attorney, Agent, or Firm-Sterne, Kessler, Goldstein & Fox P.L.L.c. (57) ABSTRACT Methods, systems, and apparatuses for down-converting and up-converting an electromagnetic signal. In embodiments, the invention operates by receiving an electromagnetic signal and recursively operating on approximate half cycles of a carrier signal. The recursive operations can be perfonned at a sub-hannonic rate of the carrier signal. The invention accumulates the results of the recursive operations and uses the accumulated results to fonn a down-converted signal. In embodiments, up-conversion is accomplished by controlling a switch with an oscillating signal, the frequency of the oscillating signal being selected as a sub-harmonic of the desired output frequency. When the invention is being used in the frequency modulation or phase modulation implementations, the oscillating signal is modulated by an infonnation signal before it causes the switch to gate a bias signal. The output of the switch is filtered, and the desired harmonic is output. 8 Claims, 94 Drawing Sheets OUTPut(-)

105 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 1 of 2 PageID EXHIBIT 40

106 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 2 of 2 PageID US B2 (12) United States Patent Sorrells et al. (10) Patent No.: US 7,724,845 B2 (45) Date of Patent: *May 25, 2010 (54) METHOD AND SYSTEM FOR DOWN-CONVERTING AND ELECTROMAGNETIC SIGNAL, AND TRANSFORMS FOR SAME (75) Inventors: David F. Sorrells, Middleburg, FL (US); Michael J. Bultman, Jacksonville, FL (US); Robert W. Cook, Switzerland, FL (US); Richard C. Looke, Jacksonville, FL (US); Charley D. Moses, Jr., DeBary, FL (US); Gregory S. Rawlins, Heathrow, FL (US); Michael W. Rawlins, Lake Mary, FL (US) (73) Assignee: ParkerVision, Inc., Jacksonville, FL (US) ( *) Notice: Subject to any disclaimer, the term of this patent is extended or adjusted under 35 U.S.c. 154(b) by 592 days. (21) Appl. No.: 11/390,153 (22) Filed: (65) (63) (60) (51) This patent is subject to a tenninal disclaimer. Mar. 28, 2006 US 2006/ Al Prior Publication Data Sep.7,2006 Related U.S. Application Data Continuation of application No. 09/550,642, filed on Apr. 14, 2000, now Pat. No. 7,065,162, which is a continuation-in-part of application No. 09/521,878, filed on Mar. 9, 2000, now abandoned. Provisional application No ,839, filed on Apr. 16, 1999, provisional application No ,047, filed on Oct. 7, 1999, provisional application No ,349, filed on Dec. 21, 1999, provisional application No ,496, filed on Dec. 22,1999, provisional application No ,667, filed on Feb. 7, 2000, provisional application No ,705, filed on Jan. 24, 2000, provisional application No ,702, filed on Jan. 24, 2000, provisional application No ,502, filed on Dec. 22,1999. Int. Cl. H03D 1100 H04L ( ) ( ) (52) U.S. Cl /343; 375/324 (58) Field of Classification Search /324, 375/343 See application file for complete search history. (56) DE References Cited U.S. PATENT DOCUMENTS 2,057,613 A 10/1936 Gardner (Continued) FOREIGN PATENT DOCUMENTS (Continued) OTHER PUBLICATIONS English-language Abstract of Japanese Patent Publication No. JP , data supplied by ep.espacenet.com, 1 page. (Feb. 24, 1983-Date of publication of application). (Continued) Primary Examiner-Curtis B Odom (74) Attorney, Agent, or Firm-Sterne Kessler Goldstein & Fox, P.L.L.c. (57) ABSTRACT Methods, systems, and apparatuses, and combinations and sub-combinations thereof, for down-converting an electromagnetic (EM) signal are described herein. Briefly stated, in embodiments the invention operates by receiving an EM signal and recursively operating on approximate half cycles (1f2, 1 1 h, 2 1 h, etc.) of the carrier signal. The recursive operations can be performed at a sub-hannonic rate of the carrier signal. The invention accumulates the results of the recursive operations and uses the accumulated results to fonn a down-converted signal. In an embodiment, the EM signal is downconverted to an intermediate frequency (IF) signal. In another embodiment, the EM signal is down-converted to a baseband information signal. In another embodiment, the EM signal is a frequency modulated (FM) signal, which is down-converted to anon -FM signal, such as a phase modulated (PM) signal or an amplitude modulated (AM) signal. 25 Claims, 284 Drawing Sheets!OPTIONAl! BANDPASS PIMA COHBIh~R O. RECOfIl~~~TION III'TIONAl! 0',90',180' ACTIVE OR PASSIVE FIlTER BASEBAND Q ANALOG OR DIGITAL WAVEFORMS

107 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 1 of 2 PageID EXHIBIT 41

108 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 2 of 2 PageID US Bl (12) United States Patent Sorrells et al. (10) Patent No.: US 7,515,896 Bl (45) Date of Patent: * Apr. 7,2009 (54) METHOD AND SYSTEM FOR DOWN-CONVERTING AN ELECTROMAGNETIC SIGNAL, AND TRANSFORMS FOR SAME, AND APERTURE RELATIONSHIPS (75) (73) ( * ) Inventors: David F. Sorrells, Jacksonville, FL (US); Michael J. Bultman, Jacksonville, FL (US); Robert W. Cook, Switzerland, FL (US); Richard C. Looke, Jacksonville, FL (US); Charley D. Moses, Jr., Jacksonville, FL (US); Gregory S. Rawlins, Lake Mary, FL (US); Michael W. Rawlins, Lake Mary, FL (US) Assignee: ParkerVision, Inc., Jacksonville, FL (US) Notice: (21) Appl. No.: 09/550,644 (22) Filed: Apr. 14, 2000 Subject to any disclaimer, the term of this patent is extended or adjusted under 35 U.S.c. 154(b) by days. This patent is subject to a tenninal disclaimer. Related U.S. Application Data (63) Continuation-in-part of application No. 09/521,879, filed on Mar. 9,2000, now abandoned, and a continuation-in-part of application No. 09/293,342, filed on Apr. 16, 1999, now Pat. No. 6,687,493, which is a continuation-in-part of application No ,022, filed on Oct. 21,1998, now Pat. No. 6,061,551. (51) Int. Cl. H03L 7108 ( ) (52) U.S. Cl /313; 375/343 (58) Field of Classification Search /313, ,323,131,130,350,76,260,191.1, 455/91,182.1,112; ; 375/130, 152, 375/142,143,150,316,343 See application file for complete search history. (56) DE References Cited U.S. PATENT DOCUMENTS 2,057,613 A 10/1936 Gardner /8 (Continued) FOREIGN PATENT DOCUMENTS (Continued) OTHER PUBLICATIONS Aghvami, H. et ai., "Land Mobile Satellites Using the Highly Elliptic Orbits- The UK T-SAT Mobile Payload," Fourth International Conference on Satellite Systems for Mobile Communications and Navigation, IEE, pp (Oct , 1988). (Continued) Primary Examiner-Sam Bhattacharya (74) Attorney, Agent, or Firm-Sterne Kessler Goldstein & Fox, p.l.l.c. (57) ABSTRACT Methods, systems, and apparatuses, and combinations and sub-combinations thereof, for down-converting an electromagnetic (EM) signal are described herein. Briefly stated, in embodiments the invention operates by receiving an EM signal and recursively operating on approximate half cycles (1f2, 1 1 h, 2 1 h, etc.) of the carrier signal. The recursive operations can be performed at a sub-hannonic rate of the carrier signal. The invention accumulates the results of the recursive operations and uses the accumulated results to fonn a down-converted signal. In an embodiment, the EM signal is downconverted to an intermediate frequency (IF) signal. In another embodiment, the EM signal is down-converted to a baseband information signal. In another embodiment, the EM signal is a frequency modulated (FM) signal, which is down-converted to anon -FM signal, such as a phase modulated (PM) signal or an amplitude modulated (AM) signal. 11 Claims, 284 Drawing Sheets , ~ TA Si'tl~ So dt SOItI T UItIJ,t.TAI Si It-TI

109 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 1 of 2 PageID EXHIBIT 42

110 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 2 of 2 PageID US B2 (12) United States Patent Sorrells et al. (10) Patent No.: US 7,496,342 B2 (45) Date of Patent: Feb. 24,2009 (54) DOWN-CONVERTING ELECTROMAGNETIC SIGNALS, INCLUDING CONTROLLED DISCHARGE OF CAPACITORS (75) Inventors: David F. Sorrells, Middleburg, FL (US); Michael J. Bultman, Jacksonville, FL (US); Robert W. Cook, Switzerland, FL (US); Richard C. Looke, Jacksonville, FL (US); Charley D. Moses, Jr., DeBary, FL (US); Gregory S. Rawlins, Heathrow, FL (US); Michael W. Rawlins, Lake Mary, FL (US) (73) Assignee: Parkervision, Inc., Jacksonville, FL (US) ( *) Notice: Subject to any disclaimer, the term of this patent is extended or adjusted under 35 U.S.c. 154(b) by 868 days. (21) Appl. No.: 10/972,133 (22) Filed: Oct. 25, 2004 (58) Field of Classification Search /313, 455/323,334,318; 327/356,357,358,359, 327/360 See application file for complete search history. (56) References Cited U.S. PATENT DOCUMENTS 2,057,613 A 10/1936 Gardner (Continued) FOREIGN PATENT DOCUMENTS DE (Continued) OTHER PUBLICATIONS English-language Abstract of Japanese Patent Publication No. JP , data supplied by ep.espacenet.com, 1 page (Feb. 24, 1983-Date of publication of application). (Continued) Primary Examiner-Sanh D Phu (74) Attorney, Agent, or Firm-Sterne, Kessler, Goldstein & Fox P.L.L.c. (65) (60) (60) (51) (52) Prior Publication Data US 2005/ Al Apr. 21, 2005 Related U.S. Application Data Division of application No. 09/855,851, filed on May 16,2001, now Pat. No. 7,010,286, which is a continuation-in-part of application No. 09/550,644, filed on Apr. 14,2000. Provisional application No. 60/272,043, filed on Mar. 1,2001, provisional application No. 60/213,363, filed on Jun. 21, 2000, provisional application No. 60/204, 796, filed on May 16,2000. Int. Cl. H04B 1126 ( ) U.S. Cl /313; 455/323; 455/334; 455/318; 327/356; 327/357; 327/358; 327/359; 327/360 (57) ABSTRACT Methods, systems, and apparatuses, for down-converting and up-converting an electromagnetic signal. In embodiments the invention operates by receiving an EM signal and recursively operating on approximate half cycles of the carrier signal. The recursive operations can be performed at a sub-harmonic rate of the carrier signal. The invention accumulates the results of the recursive operations and uses the accumulated results to form a down-converted signal. In embodiments, up-conversion is accomplished by controlling a switch with an oscillating signal, the frequency of the oscillating signal being selected as a sub-harmonic of the desired output frequency. When the invention is being used in the frequency modulation or phase modulation implementations, the oscillating signal is modulated by an information signal before it causes the switch to gate the bias signal. The output of the switch is filtered, and the desired harmonic is output. 23 Claims, 94 Drawing Sheets OUiPUT(-)

111 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 1 of 3 PageID EXHIBIT 43

112 Case 3:11-cv RBD-TEM ~ I lij E I!] Gl'AR SOEJ4Cf Document ENTt'RTAJNIMEHT SUS.INESS S.EaJRH Y DESIGN OPINION Filed VlOEO 09/12/13 Page ::\'\ 2 Q. of 3 PageID ? D:)ll't let big data p::iss you by SnwlwAnalyblltlolpjng=--big-IO!JOh_cutlonw...,... i!::izd C~ETLAa HE::III:II:z==c=s Qualcomm Packs Every LTE Radio Into a Single Chi p 8'YR08ERT08.1ri.DIW1 022\13 'IF611ow... ri(j"')'s 343fU ll""' The ~pany has comblno6 e'wo'y one of the ~I.Jtlle LTE r~ o$ no or4 f nttty of di P'$ fin~~ f'l..-dwwt mtkert to bu11d JU,. OM phcnt lt!lt WOtks on Mry nttwoltl The Rf360 f roo'ii. End $oi1a Otl "'" WOtk wrttuhe '"'-en c:tlular mod~ UE.fOO LTt TOO WCOMA., EV..OO C-DMA lx TO.SCOMI\ Jncl GSM'EOGE 11nd work Hh ltgaey 2G ond 4G l"'ll:works Tht '"""" 31to.. u tim a smattec tunec and blrttf powtf COtiSI.I'IIPbOII ndhut~boft T adl1ng the myr~ad "',.Its!~ netwoi'ii-s W!lh a W19Jt phon!ja~ Non a..ghtm:~ro b Mf'ld!let makt~s Wllh loijiw'fd ol40 rj<kl bands wond'md. C:~ 11t bk Applt n SJmsq h.,.,. h.-clio... ITHAUpft: yt(siof'l. of ''* LTe phone$ so...,., c t!or 1n Mry eoufllry IS ~td Sudl LTe bgmtntat!o(i '*'"' rn10n thert are tl' e.._, <:lim "">" ~ O...C" W!lt! tm now chip$ a.-. o~ed to la~neh Ill tm $tcond hal ol tl'l!$ yn That s JU$1 1n bme for a new "'""'' ~1Q13! I U~l'fO Sf'tl~f"!fl'.1:ltGadg«U.I)Mo-.rif'IO' C<II'O<ue 119._,.,_.., IIOo'N 1«"-~00Y 11'4.., #ltq~fl'.lt ~~~~Y04JfOfclt»fCk. Gota:t'" S.lll:lll.mtn~artC. fooe.'io_ot.tfll-..n(iqit r«jcom R... b~.~to: o&< FOI!()IN~Crrlr..l!ff h<;js "' r, Ltt.G~, $4 1UI'Ig 0f'III'IMnflng t\.1$ betn <IIUbled lor I'll$ fidel Pt 31 cffi Tum yo<~r Cltl ThankYOY 0 Points Into Amtzon.com purchas s. wa:eh: II"So,nn.g V\.SCVdto Oeou:'I<S t"'e Ft<e ~~~t~ 5comments 0.M.. l'f G1eg it.:lrdo 5tno,.,.,. "i)o oooh1 tphone 5s1 (thesis for Same asn Same old Same Okl1) TRENDING NOW ON WIRED Ollov N.,. Gtf91bl14 moroll'l ~go You ~OI..nd hke a Samcdung ran , Stltwt l Altr ~do,. Co:e-,)BJ"'IIo Sm,...,IM 190 Greg seems ltk:e you are qurte lnll'ju"'e to Apple lll ketlll9 gii"mllc-ks Oh wart a secon<l!phone S 11 not 01ct If 1111 m'-,i)e Apple wanls us to think so as v.d "lv Share ComiTII\IIed S monfls J90 COOl VrterbiiS a pll COMA Sl'lot*S have captured the world too Europe thoi.jc1llllhey Mel the poo~ to <ivtde bnktmcth... a eel they would 10 ~money SUI data semces tead band'wl<ll.h demand so OSM was a poor' chotc:e l tht end.aj those dropped ellis whk' they wert buikl1ng up the: ftrastructurc' were lust waste " 11.., Shar Gue-R Sm0t111'1 1 )0 wf'io to ntce day hello,..otd Say Gooco-..e totl"e -«, ~"cs YOI.. \eve Hear AG :'1 Tht t.. Mos; Aw~ Con~ bet E: tr 3u~ Col'ls:l\.e:..-.g :,..e Wotos _e~gest Se ' MC.!"tO'I!'CI ~soe"~so"' Stdge $~'Wars... s Gamed Thrones ~bred<:!' sav.esome..--<

113 "' ' "" Sl'l re. Case 3:11-cv RBD-TEM Document Filed 09/12/13 THJNGS Page 3 of 3 PageID DISQUS PRODUCT REVIEWS Yor.fre Go.l"g to \eed e ae.-.e Vtmory SUBSCRIBE TO WIRED MAGAZIN E ADVERTISEMENT.. WIRED gadgetlab SENIOR WRITER " " STAFF WRITeRS Acotno co ~"'~"~ ""*jf\qrici'i..,~ '. 1' REVIEWS EDITOR SERVICES

114 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 1 of 2 PageID EXHIBIT 44

115 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 2 of 2 PageID Dear Josh: ParkerVision, Inc. v. Qualcomm Incorporated Civil Action No. 3:11-cv-719-J-37-TEM September 9, 2013 I am responding to your recent s about ParkerVision s production of documents relating to its new chip. You have acknowledged that ParkerVision has had documents ready for production for the last several days, but is unilaterally refusing to produce them. That is improper. Unlike documents regarding a recent Qualcomm product that has never been accused of infringement, these documents are necessary to refute ParkerVision s affirmative assertions in this case. We expect production of these documents immediately and reserve all rights to pursue appropriate action for ParkerVision s deliberate delay in producing them. Very truly yours, James E. Canning Joshua Budwin, Esq. McKool Smith, P.C. 300 West Sixth Street Suite 1700 Austin, TX BY ELECTRONIC MAIL

116 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 1 of 1 PageID PARKERVISION, INC., Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION v. Case No. 3:11-cv-719-J-37TEM Qualcomm INCORPORATED, Defendant. EXHIBIT 45 TO PARKERVISION S TRIAL BRIEF ON ISSUES OF LAW OUTSIDE ATTORNEYS' EYES ONLY UNDER SEAL - SUBJECT TO PROTECTIVE ORDER - CONTAINS CONFIDENTIAL INFORMATION - TO BE OPENED ONLY AS DIRECTED BY THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA McKool v1

117 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 1 of 1 PageID PARKERVISION, INC., Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION v. Case No. 3:11-cv-719-J-37TEM Qualcomm INCORPORATED, Defendant. EXHIBIT 46 TO PARKERVISION S TRIAL BRIEF ON ISSUES OF LAW OUTSIDE ATTORNEYS' EYES ONLY UNDER SEAL - SUBJECT TO PROTECTIVE ORDER - CONTAINS CONFIDENTIAL INFORMATION - TO BE OPENED ONLY AS DIRECTED BY THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA McKool v1

118 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 1 of 1 PageID PARKERVISION, INC., Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION v. Case No. 3:11-cv-719-J-37TEM Qualcomm INCORPORATED, Defendant. EXHIBIT 47 TO PARKERVISION S TRIAL BRIEF ON ISSUES OF LAW OUTSIDE ATTORNEYS' EYES ONLY UNDER SEAL - SUBJECT TO PROTECTIVE ORDER - CONTAINS CONFIDENTIAL INFORMATION - TO BE OPENED ONLY AS DIRECTED BY THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA McKool v1

119 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 1 of 1 PageID PARKERVISION, INC., Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION v. Case No. 3:11-cv-719-J-37TEM Qualcomm INCORPORATED, Defendant. EXHIBIT 48 TO PARKERVISION S TRIAL BRIEF ON ISSUES OF LAW OUTSIDE ATTORNEYS' EYES ONLY UNDER SEAL - SUBJECT TO PROTECTIVE ORDER - CONTAINS CONFIDENTIAL INFORMATION - TO BE OPENED ONLY AS DIRECTED BY THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA McKool v1

120 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 1 of 1 PageID PARKERVISION, INC., Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION v. Case No. 3:11-cv-719-J-37TEM Qualcomm INCORPORATED, Defendant. EXHIBIT 49 TO PARKERVISION S TRIAL BRIEF ON ISSUES OF LAW OUTSIDE ATTORNEYS' EYES ONLY UNDER SEAL - SUBJECT TO PROTECTIVE ORDER - CONTAINS CONFIDENTIAL INFORMATION - TO BE OPENED ONLY AS DIRECTED BY THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA McKool v1

121 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 1 of 4 PageID EXHIBIT 50

122 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 2 of 4 PageID US A United States Patent [19] Sorrells et ai. [11] [45] Patent Number: Date of Patent: 6,061,551 May 9, 2000 [54] METHOD AND SYSTEM FOR DOWN CONVERTING ELECTROMAGNETIC SIGNALS [75] Inventors: David F. Sorrells; Michael J. Bultman, both of Jacksonville; Robert W. Cook, Switzerland; Richard C. Looke; Charley D. Moses, Jr., both of Jacksonville, all of Fla. [73] Assignee: Parkervision, Inc., Jacksonville, Fla. [21] Appl. No.: 09/176,022 [22] Filed: Oct. 21, 1998 [51] Int. CI?... HOlQ 11/12 [52] U.S. CI /118; 455/313; 455/323; 455/324 [58] Field of Search /131, 139, 455/142,182.1,202,205,313,317,318, 323, 118, 113, 324; 329/345, 347; 327/9, 91; 702/66, 70 [56] References Cited U.S. PATENT DOCUMENTS Re.35,494 Re.35,829 2,057,613 2,241,078 2,270,385 2,283,575 2,358,152 2,410,350 2,451,430 2,462,069 2,462,181 2,472,798 2,497,859 2,499,279 2,802,208 2,985,875 3,023,309 3,069,679 3,104,393 3,114,106 3,118,117 4/1997 Nicollini /554 6/1998 Sanderford, Jr /200 10/1936 Gardner /8 5/1941 Vreeland /15 1/1942 Skillman /15 5/1942 Roberts /6 9/1944 Earp / /1946 Labin et al /15 10/1948 Barone /8 2/1949 Chatterjea et al /17 2/1949 Grosselfinger /17 6/1949 Fredendall /44 2/1950 Boughtwood et al /8 2/1950 Peterson /41 8/1957 Hobbs /176 5/1961 Grisdale et al /100 2/1962 Foulkes /17 12/1962 Sweeney et al /200 9/1963 Vogelman /200 12/1963 McManus /56 1/1964 King et al /22 (List continued on next page.) A B A2 FOREIGN PATENT DOCUMENTS 2/1981 European Pat. Off... H04B 1/26 9/1986 European Pat. Off... GOlS 7/52 8/1990 European Pat. Off... H03H 17/04 (List continued on next page.) OTHER PUBLICATIONS Akers, N.P. et ai., "RF sampling gates: a brief review," lee Proceedings-A, vol. 133, Part A, No.1, Jan. 1986, pp Faulkner, Neil D. and Mestre, Enric Vilar, "Subharmonic Sampling for the Measurement of Short-term Stability of Microwave Oscillators," IEEE Transactions on Instrumentation and measurement, vol. IM-32, No.1, Mar. 1983, pp Itakura, T., "Effects of the sampling pulse width on the frequency characteristics of a sample-and-hold circuit," lee Proceedings-Circuits, Devices and Systems, Aug. 1994, vol. 141, No.4, pp (List continued on next page.) Primary Examiner---noris H. To Assistant Examiner~am Bhattacharya Attorney, Agent, or Firm~terne, Kessler, Goldstein & Fox P.L.L.c. [57] ABSTRACT Methods, systems, and apparatuses for down-converting an electromagnetic (EM) signal by aliasing the EM signal are described herein. Briefly stated, such methods, systems, and apparatuses operate by receiving an EM signal and an aliasing signal having an aliasing rate. The EM signal is aliased according to the aliasing signal to down-convert the EM signal. The term aliasing, as used herein, refers to both down-converting an EM signal by under-sampling the EM signal at an aliasing rate, and down-converting an EM signal by transferring energy from the EM signal at the aliasing rate. In an embodiment, the EM signal is down-converted to an intermediate frequency (IF) signal. In another embodiment, the EM signal is down-converted to a demodulated baseband information signal. In another embodiment, the EM signal is a frequency modulated (FM) signal, which is down-converted to a non-fm signal, such as a phase modulated (PM) signal or an amplitude modulated (AM) signal. 204 Claims, 126 Drawing Sheets CONVENTIONAL 1104 RECEIVER 1101, LO 1110a LO 1110n

123 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 3 of 4 PageID In FIG. 82A, when switch 8206 is closed, the impedance looking into circuit 8202 is substantially the impedance of storage module illustrated as the storage capacitance 8208, in parallel with the impedance of the load When the switch 8206 is open, the impedance at point 8214 approaches infinity. It follows that the average impedance at point 8214 can be varied from the impedance of the storage module illustrated as the storage capacitance 8208, in parallel with the load 8212, to the highest obtainable impedance when switch 8206 is open, by varying the ratio of the time that switch 8206 is open to the time switch 8206 is closed. Since the switch 8206 is controlled by the energy transfer signal 8210, the impedance at point 8214 can be varied by controlling the aperture width of the energy transfer signal, in conjunction with the aliasing rate. An example method of altering the energy transfer signal 6306 of FIG. 63 is now described with reference to FIG. 71, where the circuit 7102 receives the input oscillating signal 7106 and outputs a pulse train shown as doubler output signal The circuit 7102 can be used to generate the energy transfer signal Example waveforms of 7104 are shown on FIG. 72B. It can be shown that by varying the delay of the signal propagated by the inverter 7108, the width of the pulses in the doubler output signal 7104 can be varied. Increasing the delay of the signal propagated by inverter 7108, increases the width of the pulses. The signal propagated by inverter 7108 can be delayed by introducing a RIC low pass network in the output of inverter Other means of altering the delay of the signal propagated by inverter 7108 will be well known to those skilled in the art. As can now be readily seen from this disclosure; many of the aperture circuits presented, and others, can be modified in the manner described above (e.g. circuits in FIGS. 68 H-K). Modification or selection of the aperture can be done at the design level to remain a fixed value in the circuit, or in an alternative embodiment, may be dynamically adjusted 6,061,551 to compensate for, or address, various design goals such as receiving RF signals with enhanced efficiency that are in distinctively different bands of operation, e.g. RF signals at MHz and 1.8 GHz. 5.7 Adding a Bypass Network In an embodiment of the invention, a bypass network is added to improve the efficiency of the energy transfer module. For example, referring to FIG. 95 a bypass network 9502 (shown in this instance as capacitor 9512), is shown bypassing switch module In this embodiment the bypass network increases the efficiency of the energy trans- fer module when, for example, less than optimal aperture widths were chosen for a given input frequency on the 50 energy transfer signal The bypass network 9502 could be of different configurations than shown in FIG. 95. Such an alternate is illustrated in FIG Modifying the Energy Transfer Signal Utilizing Feedback FIG. 69 shows an embodiment of a system 6901 which uses down-converted Signal 1308B as feedback 6906 to control various characteristics of the energy transfer module 6304 to modify the down-converted signal 1308B. Generally, the amplitude of the down-converted signal B varies as a function of the frequency and phase differences between the EM signal 1304 and the energy transfer signal In an embodiment, the down-converted signal 1308B is used as the feedback 6906 to control the frequency and phase relationship between the EM signal and the energy transfer signal This can be accomplished using the example logic in FIG. 85A. The 108 example circuit in FIG. 85A can be included in the energy transfer signal module Alternate implementations will be apparent to persons skilled in the relevant art(s) based on the teachings contained herein. Alternate implementations 5 fall within the scope and spirit of the present invention. In this embodiment a state-machine is used as an example. In the example of FIG. 85A, a state machine 8504 reads an analog to digital converter, AID 8502, and controls a digital to analog converter, DAC In an embodiment, 10 the state machine 8504 includes 2 memory locations, Previous and Current, to store and recall the results of reading AID In an embodiment, the state machine 8504 utilizes at least one memory flag. The DAC 8506 controls an input to a voltage controlled oscillator, VCO VCO 8508 controls a frequency input 15 of a pulse generator 8510, which, in an embodiment, is substantially similar to the pulse generator shown in FIG The pulse generator 8510 generates energy transfer signal In an embodiment, the state machine 8504 operates in 20 accordance with a state machine flowchart 8519 in FIG. 85B. The result of this operation is to modify the frequency and phase relationship between the energy transfer signal 6306 and the EM signal 1304, to substantially maintain the amplitude of the down-converted signal 1308B at an opti- 25 mum level. The amplitude of the down-converted signal 1308B can be made to vary with the amplitude of the energy transfer signal In an embodiment where the switch module 6502 is a FET is shown in FIG. 66A, wherein the gate receives the energy transfer signal 6306, the amplitude of the energy transfer signal 6306 can determine the "on" resistance of the FET, which affects the amplitude of the downconverted signal 1308B. The energy transfer signal module 6902, as shown in FIG. 85C, can be an analog circuit that 35 enables an automatic gain control function. Alternate implementations will be apparent to persons skilled in the relevant art(s) based on the teachings contained herein. Alternate implementations fall within the scope and spirit of the present invention. 5.9 Other Implementations The implementations described above are provided for purposes of illustration. These implementations are not intended to limit the invention. Alternate implementations, differing slightly or substantially from those described 45 herein, will be apparent to persons skilled in the relevant art(s) based on the teachings contained herein. Such alternate implementations fall within the scope and spirit of the present invention. 6. Example Energy Transfer Downconverters Example implementations are described below for illustrative purposes. The invention is not limited to these examples. FIG. 86 is a schematic diagram of an exemplary circuit to down convert a 915 MHz signal to a 5 MHz signal using a MHz clock. FIG. 87 shows example simulation waveforms for the circuit of FIG. 86. Waveform 8602 is the input to the circuit showing the distortions caused by the switch closure. Waveform 8604 is the unfiltered output at the storage unit. Waveform 8606 is the impedance matched output of the downconverter on a different time scale. FIG. 88 is a schematic diagram of an exemplary circuit to downconvert a 915 MHz signal to a 5 MHz signal using a MHz clock. The circuit has additional tank circuitry to improve conversion efficiency. FIG. 89 shows example simulation waveforms for the circuit of FIG. 88. Waveform 8802 is the input to the circuit

124 Case 3:11-cv RBD-TEM Document Filed 09/12/13 Page 4 of 4 PageID ,061, showing the distortions caused by the switch closure. Waveform 8804 is the unfiltered output at the storage unit. Waveform 8806 is the output of the downconverter after the impedance match circuit. FIG. 90 is a schematic diagram of an exemplary circuit to 5 downconvert a 915 MHz signal to a 5 MHz signal using a MHz clock. The circuit has switch bypass circuitry to improve conversion efficiency. FIG. 91 shows example simulation waveforms for the circuit of FIG. 90. Waveform 9002 is the input to the circuit 10 showing the distortions caused by the switch closure. Waveform 9004 is the unfiltered output at the storage unit. Waveform 9006 is the output of the downconverter after the impedance match circuit. FIG. 92 shows a schematic of the example circuit in FIG connected to an FSK source that alternates between 913 and 917 MHz, at abaud rate of 500 Kbaud. FIG. 93 shows the original FSK waveform 9202 and the downconverted waveform 9204 at the output of the load impedance match circuit. IV. Additional Embodiments Additional aspects/embodiments of the invention are considered in this section. In one embodiment of the present invention there is provided a method of transmitting information between a transmitter and a receiver comprising the steps of transmitting a first series of signals each having a known period from the transmitter at a known first repetition rate; sampling by the receiver each signal in the first series of signals a single time and for a known time interval the sampling of the first series of signals being at a second repetition rate that is a rate different from the first repetition rate by a known amount; and generating by the receiver an output signal indicative of the signal levels sampled in step B and having a period longer than the known period of a transmitted signal. In another embodiment of the invention there is provided a communication system comprising a transmitter means for transmitting a first series of signals of known period at a known first repetition rate, a receiver means for receiving the first series of signals, the receiver means including sampling means for sampling the signal level of each signal first series of signals for a known time interval at a known second repetition rate, the second repetition rate being different from the first repetition rate by a known amount as established by the receiver means. The receiver means includes first circuit means for generating a first receiver output signal indicative of the signal levels sampled and having a period longer than one signal of the first series of signals. The transmitter means includes an oscillator for generating an oscillator output signal at the first repetition rate, switch means for receiving the oscillator output signal and for selectively passing the oscillator output signal, waveform generating means for receiving the oscillator output signal for generating a waveform generator output signal having a time domain and frequency domain established by the waveform generating means. The embodiment of the invention described herein involves a single or multi-user communications system that utilizes coherent signals to enhance the system performance over conventional radio frequency schemes while reducing cost and complexity. The design allows direct conversion of radio frequencies into baseband components for processing and provides a high level of rejection for signals that are not related to a known or controlled slew rate between the transmitter and receiver timing oscillators. The system can be designed to take advantage of broadband techniques that further increase its reliability and permit a high user density 110 within a given area. The technique employed allows the system to be configured as a separate transmitter-receiver pair or a transceiver. The basic objectives of the present system is to provide a new communication technique that can be applied to both narrow and wide band systems. In its most robust form, all of the advantages of wide band communications are an inherent part of the system and the invention does not require complicated and costly circuitry as found in conventional wide band designs. The communications system utilizes coherent signals to send and receive information and consists of a transmitter and a receiver in its simplest form. The receiver contains circuitry to turn its radio frequency input on and off in a known relationship in time to the transmitted signal. This is accomplished by allowing the transmitter timing oscillator and the receiver timing oscillator to operate at different but known frequencies to create a known slew rate between the oscillators. If the slew rate is small compared to the timing oscillator frequencies, the 20 transmitted waveform will appear stable in time, i.e., coherent (moving at the known slew rate) to the receiver's switched input. The transmitted waveform is the only waveform that will appear stable in time to the receiver and thus the receiver's input can be averaged to achieve the desired 25 level filtering of unwanted signals. This methodology makes the system extremely selective without complicated filters and complex encoding and decoding schemes and allows the direct conversion of radio frequency energy from an antenna or cable to baseband frequencies with a minimum number of 30 standard components further reducing cost and complexity. The transmitted waveform can be a constant carrier (narrowband), a controlled pulse (wideband and ultrawideband) or a combination of both such as a dampened sinusoidal wave and or any arbitrary periodic waveform thus 35 the system can be designed to meet virtually any bandwidth requirement. Simple standard modulation and demodulation techniques such as AM and Pulse Width Modulation can be easily applied to the system. Depending on the system requirements such as the rate of 40 information transfer, the process gain, and the intended use, there are multiple preferred embodiments of the invention. The embodiment discussed herein will be the amplitude and pulse width modulated system. It is one of the simplest implementations of the technology and has many common 45 components with the subsequent systems. A amplitude modulated transmitter consists of a Transmitter Timing Oscillator, a Multiplier, a Waveform Generator, and an Optional Amplifier. The Transmitter Timing Oscillator frequency can be determined by a number of resonate circuits 50 including an inductor and capacitor, a ceramic resonator, a SAW resonator, or a crystal. The output waveform is sinusoidal, although a squarewave oscillator would produce identical system performance. The Multiplier component multiplies the Transmitter 55 Timing Oscillator output signal by 0 or 1 or other constants, K1 and K2, to switch the oscillator output on and off to the Waveform Generator. In this embodiment, the information input can be digital data or analog data in the form of pulse width modulation. The Multiplier allows the Transmitter 60 Timing Oscillator output to be present at the Waveform Generator input when the information input is above a predetermined value. In this state the transmitter will produce an output waveform. When the information input is below a predetermined value, there is no input to the 65 Waveform Generator and thus there will be no transmitter output waveform. The output of the Waveform Generator determines the system's bandwidth in the frequency domain