Pursuant to Order No. 7 (Setting Procedural Schedule) and Ground Rule 8.6.10,

Complainants Technology Properties Limited LLC, Phoenix Digital Solutions LLC and Patriot

Scientific Corporation (collectively, “Complainants”) submit their list of high priority objections.

Complainants object to testimony at trial by Russell H. Fish, III on the ground that any

testimony offered by Mr. Fish would be irrelevant to the issues to be decided in this Investigation.

Thus, his testimony should be excluded under Federal Rule of Evidence 402. On May 15, 2013,

no subjects about which Mr. Fish could testify that are relevant to the issues to be decided at the

hearing.

For example, Respondents may seek to elicit testimony from Mr. Fish relating to a

validity defense pursuant to the written description requirement of 35 U.S.C. § 112(a).

Specifically, Respondents may contend that, as a named inventor on the ’336 Patent, Mr. Fish is

presumably familiar with the specification’s written description of the invention and thus has

information relevant to the factual predicate for Respondents’ written description defense. As

recognized in Order No. 50, however, Respondents have withdrawn from this Investigation their

defense based on a failure to satisfy the written description requirement. Moreover, the

specification of the ’336 patent is only relevant to the extent of what it would teach one of

ordinary skill in the art. Thus, inventor testimony on this issue is irrelevant under Rule 402.

Similarly, as a named inventor of the ’336 Patent, Respondents may seek to elicit

testimony regarding Mr. Fish’s interpretation of the patent’s claims. However, the ALJ

construed the terms of the asserted claims of the ’336 Patent in Order No. 31. Moreover, Mr.

Fish’s testimony on the meaning of the claims would be improper extrinsic evidence under

Accordingly, Mr. Fish’s opinions regarding claim construction would be irrelevant and should