7. My general impression was that Burst made the better arguments and that Apple had to rely upon the "prosecution history" to make their best arguments. There was quite a bit of discussion of the prosecution history of the '705' patent and the give and take between the patent examiner and Burst prior to the patent being granted. Apple's interpretation of these dialogs between the patent examiner and Burst was that Burst was changing what they said the patents meant to satisfy the examiner. I remember seeing this in the Apple brief. It was very interesting to see the place in the prosecution history where Apple says burst gave up data compression in the patents comes from a page where one sentence was lifted for the Apple brief. If you read the entire page it becomes clear that Apple is taking the sentence out of context.

I don't see how Apple can win on the "time compression" vs "time compressed representation" issue. Their arguments are the weakest on this issue. It was also interesting to note that the Apple slides had "Time Compressed:" at the top of the slide yet the slides being shown were about "Time Compression" as found in the Haskell patent. I saw this as an attempt by Apple to further confuse the judge. The patents talk about "time compressed representation" and Apple chose to use the first two words from the term in the patents but use these terms to describe their funky time compression construction.

This is the way things look tonight and after I sleep on this stuff I probably will have more to say tomorrow. The hearing pretty much reflected what was in the brief filings and I would say that Judge Patel is leaning more toward Burst on most of the issues. Especially the "time compression" construction. I would be very surprised if she uses Apple's time compression construction.

Joel Halpern did speak two times at the hearing but offered very little useful information. Like in his deposition he said he would need more information and specification to offer an opinion. By conrast, Dr. Hemami offered her expert opinion on these very same issues. It was clear why Halpern did not do the tutorial for Apple after his very brief performance today.