PAGE 9: Yungwirth asked Mihran if the microphone [box #20 in the 774 patent diagram] provided some form of processing to the sound input. Answered yes. Asked Mihran if analog/digital (A/D) conversion is a form of processing. He hem hawed a lot on this but finally answered yes. Asked Mihran if there’s processing occurring after the microphone in the 774 patent diagram. Mihran answered yes!

Now to the DSP terminology. Yungwirth asked Mihran, “There was a discussion earlier of a DSP, right?” Mihran answered something like, “We’ve never had a discussion. Do you mean you and I?” Yungwirth corrected him saying, “I stated there was a discussion earlier about a DSP. Not that you and I have had such a discussion. It was earlier during Mr. Norris’ testimony. Do you remember that?” Mihran answered yes. Yungwirth continued by pointing out references to the DSP in the patent and asked, “Looking at the 774 patent…isn’t it true a DSP would do compression of the received signals?” Answered yes. Asked if a Digital Signal Processor could do all the things identified in the patent as being done by a Digital Support Processor. Mihran answered yes! IMO, this along with Norris’ testimony that he meant Digital Signal Processor and it must have been a typo or misunderstanding by his patent lawyer, puts this issue to bed.

Asked Mihran if DSP’s use RAM. Mihran hem hawed so long on this question I think my hair grew about an inch. He was so obviously evasive in answering it was a joke IMO. After a long diatribe he ended up saying some DSPs do need RAM and some don’t.

Yungwirth asked if Mihran could identify any DSPs in 1994 that did not use RAM. Again, Mihran wouldn’t answer directly. Yungwirth asked, “So the answer is no…you can’t identify a DSP that did not use RAM in 1994, correct?” Again, Mihran went on a long diatribe and was evasive. Yungwirth asked the judge to make Mihran answer yes or no but I don’t remember her doing that. Yungwirth then said, “Dr. Mihran, for the third time and please answer yes or no…can you identify any DSP in 1994 that didn’t use RAM. And yet again Mihran was evasive in his answer. Yungwirth looked at the judge for help and she said, “I think this has been asked and answered”? Say what? He never identified a DSP that didn’t use RAM so I guess the answer is no. Hope the judge sees it that way.

Mihran cross-exam ended at 4:13. No re-direct from defense counsel. Mihran excused as a witness and obviously tired IMO.

Judge gave each side 10 minutes for closing statements. Jameson went first and was excellent IMO. He stressed that the patent examiner and Norris reached an agreement that is part of the intrinsic evidence as an amendment to the patent application that overcame Schroder and the Microsoft Dictionary. He also accused defense of narrowing the patent claims where the defense had accused the plaintiff of broadening the claims. (CONTINUED)