PAGE 8: Yungwirth started out by asking if the computer Mihran showed on his earlier PowerPoint slide had RAM inside. Answered yes. Then Yungwirth, in a brilliant legal move IMO, asked if RAM was shown anywhere on his slide. Answered no. Yungwirth’s point was RAM is obviously in the computer just like it’s obviously implied in the 774 patent diagrams. Our patent doesn’t show or state it uses RAM, but as Norris testified, it’s obvious from the diagrams and all the processing that’s occurring. Score a big one for Yungwirth here IMO.

Yungwirth asked Mihran if the term RAM ever appears in the 774 patent or prosecution history. After thinking for a minute, answered no. Asked Mihran if the term Main Memory ever appears in the 774 patent or prosecution history. Again paused, and answered no. Asked Mihran if the USPTO examiner ever used the terms RAM, Main Memory, Primary Storage or Secondary Storage in the examiner summary record. Answered no. (NOTE: I put a copy of the Examiner’s Summary Record on box.net in the Miscellaneous Documents folder.)

Asked if there’s any place in the prosecution history that flash memory is the main memory of the Flashback device. Don’t remember Mihran’s answer but don’t think Yungwirth would have asked if it wasn’t a NO answer. Asked Mihran if the applicant’s state to the examiner that the Flashback product is the embodiment of the 774 patent. Mihran answered yes.

Asked Mihran if the Flashback product is identified in the intrinsic evidence. Answered yes. Asked if the patent specs, various intrinsic articles, examiner’s comments talked about the Flashback product. Mihran answered yes. Then Yungwirth asked if Mihran had ever examined a Flashback product. Answered no! Yungwirth asked if the defendants' counsel provided a Flashback for him to examine. Answered no! Yungwirth asked if Mihran had ever bought a Flashback product to examine. Answered no! Then Yungwirth asked him, “Dr. Mihran, why wouldn’t you make an attempt to obtain and examine the Flashback when it’s referenced so many times in the intrinsic evidence?” Mihran answered something like, “I don’t think someone skilled in the ordinary art would normally get a Flashback product to examine.” [Say what??? LOL]

Yungwirth said that attached to Norris’ declaration was a schematic of a Flashback and [picture] of a circuit board. Asked Mihran if he considered these items in his review. Answered yes. Yungwirth next asked Mihran if he thinks the Flashback contains DRAM (dynamic random access memory). Mihran actually answered yes! I think this is huge for us because the intrinsic evidence shows clearly that the Flashback is the embodiment of the 774 patent. I looked up DRAM and it’s a type of RAM that stores each bit of data in capacitors in an integrated circuit. Since capacitors leak charge, the information eventually fades unless the capacitor charge is refreshed periodically. Because of the refreshment requirement, it’s a dynamic memory as opposed to SRAM which is a static memory. Whatever…it’s a form of RAM baby! (CONTINUED)