PAGE 3: Jameson asked that Exhibit 1 from the Joint Exhibit List be received as evidence.Judge ordered it received. This is the 774 patent. (NOTE: All exhibits are seen in Doc 360 on box.net.)

Defense stood up and objected to Norris testifying about the Flashback product.Judge OVERRULED them and allowed the testimony.

Norris talked about CODECs and DSPs and how they work in the 774 patent. He stressed several times that his 774 patent would not work without RAM and that it is obvious to any person skilled in the ordinary art that RAM would be a requirement for the patent to work. He stressed that flash memory is not the same as RAM and that RAM is needed for the received signal to be processed. He said that in his 774 patent, flash memory cannot process the received signal (sound); it only stores the processed data. The processing circuits have to have RAM.

Jameson asked the court to have Exhibit 3 admitted as evidence. No objection by defense. This is the prosecution history of the 774 patent (USPTO docs).

Defense objected during the time Norris was talking about Exhibit 3. Can’t remember what the exact objection was but the judge OVERRULED them.

Norris discussed an award he received from Popular Science magazine for his Flashback product. Jameson asked the court to admit Exhibit 3c into evidence. No objection by defense. This is the 1994 Popular Science award given to Norris for his Flashback product.

Jameson asked about the USPTO examiner’s summary record.Norris told the court this was the first and only time he’s ever actually met with an examiner. His patent attorney, Vaughn North, was present. Norris explained how he showed the USPTO examiner how the Flashback product worked. Jameson asked Norris to look at Exhibit 6a (a physical exhibit), which was an actual Flashback device. He asked Norris to read the label on the back and Norris answered, “It reads Norris Communications”. Jameson also asked if there was anything else written on the label and Norris answered, “U.S. & Foreign Patents Pending”. Defense objected to the Flashback device and all testimony about it.Judge OVERRULED stating plaintiff hadn’t asked it to be admitted as evidence yet. Soon, Jameson did ask this, defense objected again and the judge said she would rule on this later.

Recess at 10:45. Back in session at 11:03

(TO BE CONTINUED)