And the beauty of the Flashback device, and this is in
the prosecution history, all the accolades, all the press
accolades that are in the prosecution history, was that it was
solid state. It had no moving parts. It was a handheld
device. It had a removable, nonvolatile, permanent storage,
the flash memory, the sound clip, that could be taken out of
the device and you can go and plug it into another playback
device.
And, and because of the nature of flash, you didn't
have to have a bunch of additional battery power to operate the
device. And so that's what led to the '774 patent. And what
I've put up here is this is a comparison of figure 3 from the
patent specification where there's a reference to a depiction
of the product and then this is the -- this is the actual
Flashback device that went to market.
Now, this is in, this is in the briefing and it's
obviously part of the intrinsic record. But to really get an
understanding of what's going on with these inventions, I would
just say to the Court, I call your attention to figures 1 and
, where they are described, obviously they're described in
detail in the specification, but specifically at columns 5 and
6 there's a very good description of figures 1 and 2. And,
Your Honor, when you take a look at figures 1 and 2, what you
a, a box that is called program ROM. Random programmable
read-only memory. And that's obviously memory.
You will also see in figure 1, you'll see a reference
to memory circuitry that is discussed in the specification as
columns 5 and 6. And you will also see in, going back to
figure 2, you will see some references to what's called a
CODEC. It is a term of art. In fact, it's interesting, it's
got multiple definitions. It's a compressor, decompressor,
coder, decoder. And you have a reference to a DSP, digital
sensor processor. And you've got a reference to a
microprocessor 21.
And I point all of that out to you because for those
devices to process information, they have to work with memory.
And when you read columns 5 and 6, you will see the
specification talking about taking an analog signal and
changing it into a digital signal and as you take an analog
signal, in order to turn it into a piece of digital data, if
you will, a one or a zero, you obviously have to do some very
mathematical algorithms to it. And in order to do that, a
computer or a DSP or a CODEC, it's got to have memory. It's
got to be there in order for it to work.
And I call that to your attention because when you
read the briefs, it is crystal clear what the defendants want
to do in this case. They want to read any type of memory in
connection with processing a signal right out of this patent.
