NOTICE OF MOTION AND MOTION

PLEASE TAKE NOTICE that Plaintiffs HTC Corporation and HTC America, Inc.

(collectively, “HTC” or “Plaintiffs”) move, on an emergency basis, pursuant to Civil Local Rules

6-3 and 7-11, for a curative instruction based on the prejudice HTC has suffered from

Defendants’ disregard of the Court’s ruling on September 25, 2013.

This Motion is based on the Memorandum of Points and Authorities set forth below, the

occurrences at trial on September 25, 2013 and September 26, 2013, and such other matters as

may be presented at the hearing on this motion and allowed by the Court.

MEMORANDUM OF POINTS AND AUTHORITIES

On September 26, 2013, Defendants Technology Properties Ltd., Patriot Scientific

Corporation, and Alliacense Ltd. (collectively, “TPL” or “Defendants”) disregarded the Court’s

September 25, 2013 ruling to exclude Dr. Oklobozija from testifying regarding the quality of the

’336 Patent and whether all high-speed microprocessors use the clocking scheme covered by the

’336 Patent. See September 25, 2013 Trial Tr. 586:16-21 (“The Court: . . . I’m going to sustain

the objection. Let’s focus on the microprocessor that we’re here to talk about and ignore the

others. All right? So if you want to go down this road and limit yourself to that opinion, I will let

you do that, but I’m going to let them get into the ITC if you go there.”). TPL responded: “Thank

you, Your Honor. We’ll go a different direction.” Id. at 586:23-24.

The very next day, TPL displayed a slide to the jury stating “[t]he ’336 Patent is a critical

piece of the MMP Portfolio because nearly all high-speed microprocessors must use the clocking

scheme covered by the ’336 Patent.” See DDX-348. Not only is this statement untrue but it

shows a disregard for the Court’s ruling. TPL’s misrepresentation to the jury prejudices HTC and

thus the Court invited HTC to propose a curative instruction. To that end, HTC proposes the

following curative instruction for the unfair prejudice HTC has suffered:

TPL has attempted to introduce testimony that nearly all high-speed

microprocessors must use the clocking scheme covered by the ’336 Patent. TPL

has no evidence to support that testimony. You are therefore instructed to

disregard any such testimony, or any references to any such testimony, you may

have heard in this case.

Case5:08-cv-00882-PSG Document630 Filed09/27/13 Page2 of 31

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Case No. 5:08-cv-00882 PSG 2.

EMERGENCY MOTION FOR

CURATIVE INSTRUCTION

Dated: September 27, 2013 Respectfully submitted,

COOLEY LLP

HEIDI L. KEEFE

MARK R. WEINSTEIN

RONALD S. LEMIEUX

STEPHEN R. SMITH

KYLE D. CHEN

By: /s/ Kyle D. Chen

Attorneys for HTC CORPORATION and

HTC AMERICA, INC.