throbber
U N I T E D S T A T E S P A T E N T A N D T R A D E M A R K O F F I C E
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` B E F O R E T H E P A T E N T T R I A L A N D A P P E A L B O A R D
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` ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
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`Page 1
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`A N D E R S E N C O R P O R A T I O N ,
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`A p p l i c a t i o n N o . 1 5 / 0 5 8 , 8 6 2 ,
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` P e t i t i o n e r ,
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` v s . C a s e N o . D E R 2 0 1 7 - 0 0 0 0 7
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`G E D I N T E G R A T E D S O L U T I O N S , I N C . ,
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`P a t e n t N o . 9 , 4 2 8 , 9 5 3 B 2 ,
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` R e s p o n d e n t .
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` ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
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` C o n f e r e n c e C a l l W i t h B o a r d
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` P r e - O r a l A r g u m e n t
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` N o v e m b e r 8 , 2 0 1 8
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` 1 : 0 0 p . m .
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` T a k e n a t :
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`1
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`1 0
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`1 4
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`1 5
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`1 6
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`1 7
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`1 8
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`1 9
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`2 0
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`2 1
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` T a r o l l i , S u n d h e i m , C o v e l l & T u m m i n o , L L P
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`2 2
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` 1 3 0 0 E a s t 9 t h S t r e e t , S u i t e 1 7 0 0
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` C l e v e l a n d , O h i o
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`2 3
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`2 4
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`2 5
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` P a t r i c i a L . C o r d i a k , R P R , N o t a r y P u b l i c
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`www.veritext.com
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`888-391-3376
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`Veritext Legal Solutions
`
`Exhibit 2048 Page 1
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`

`

`Page 2
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`A P P E A R A N C E S :
`
` O n b e h a l f o f t h e P e t i t i o n e r
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` ( T e l e p h o n i c a l l y ) :
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` R o b i n s K a p l a n , L L P , b y
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` C Y R U S A . M O R T O N , E S Q .
`
` S H U I L I , E S Q .
`
` 8 0 0 L a S a l l e A v e n u e , S u i t e 2 8 0 0
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` M i n n e a p o l i s , M i n n e s o t a 5 5 4 0 2
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` ( 6 1 2 ) 3 4 9 - 8 5 0 0
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` c m o r t o n @ r o b i n s k a p l a n . c o m
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` s l i @ r o b i n s k a p l a n . c o m
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` O n b e h a l f o f t h e R e s p o n d e n t :
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` T a r o l l i , S u n d h e i m , C o v e l l &
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` T u m m i n o , L L P , b y
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` J O H N A . Y I R G A , E S Q .
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` S A M A N T H A R . S M A R T , E S Q .
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` G E O R G E L . P I N C H A K , E S Q .
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` 1 3 0 0 E a s t 9 t h S t r e e t , S u i t e 1 7 0 0
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` C l e v e l a n d , O h i o 4 4 1 1 4
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` ( 2 1 6 ) 6 2 1 - 2 2 3 4
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` j y i r g a @ t a r o l l i . c o m
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` s s m a r t @ t a r o l l i . c o m
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` g p i n c h a k @ t a r o l l i . c o m
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`1
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`1 4
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`1 5
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`1 6
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`1 7
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`1 8
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`1 9
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`2 0
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`2 1
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`2 2
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`2 3
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`2 4
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`2 5
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`www.veritext.com
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`888-391-3376
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`Veritext Legal Solutions
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`Exhibit 2048 Page 2
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`

`

`A P P E A R A N C E S , C o n t i n u e d :
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`Page 3
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` O n b e h a l f o f t h e R e s p o n d e n t :
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` B a k e r & H o s t e t l e r , L L P , b y
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` T H O M A S H . S H U N K , E S Q .
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` 1 2 7 P u b l i c S q u a r e , S u i t e 2 0 0 0
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` C l e v e l a n d , O h i o 4 4 1 1 4
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` ( 2 1 6 ) 8 6 1 - 7 5 9 2
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` t s h u n k @ b a k e r l a w . c o m
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` ~ ~ ~ ~ ~
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`T H E P A N E L ( T e l e p h o n i c a l l y ) :
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` H o n . J o s i a h C . C o c k s
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` H o n . J o n i Y . C h a n g
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` H o n . J u s t i n T . A r b e s
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`1
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`2 3
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`2 3
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`2 4
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`2 5
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`www.veritext.com
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`888-391-3376
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`Veritext Legal Solutions
`
`Exhibit 2048 Page 3
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`

`

`Page 4
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` JUDGE COCKS: Hello. Good
`
`afternoon. This is Judge Cocks, and I have
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`with me Judges Chang and Arbes on this call.
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` Do we have counsel on the call
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`now -- do we have counsel for petitioner?
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` Do we have counsel for respondent?
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` MR. YIRGA: Yes, Your Honor.
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` JUDGE COCKS: Is this Mr. Yirga?
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` MR. YIRGA: Yes.
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` JUDGE COCKS: Okay. Thank you.
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`Well, we are going to wait a few minutes until
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`we have counsel for the petitioner on the call
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`as well. Please stay on the line.
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` MR. YIRGA: Okay.
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` (Recess taken.)
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` JUDGE COCKS: Hello. This is Judge
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`Cocks again. Do we have counsel for the
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`petitioner on the call yet?
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` MS. LI: Yes. Sorry. This is Shui
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`Li from Robins Kaplan for petitioner, Andersen.
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` JUDGE COCKS: All right. Thank
`
`you, Ms. Li. And we have Judges Arbes and
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`Chang on our end as well on this call, and Mr.
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`Yirga is on the call for the respondent.
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` Let's verify that. Mr. Yirga,
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`888-391-3376
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`Veritext Legal Solutions
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`Exhibit 2048 Page 4
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`

`

`Page 5
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`you're still on the phone?
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` MR. YIRGA: Yes. This is John
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`Yirga for respondent. Also with me is George
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`Pinchak, Tom Shunk and Samantha Smart.
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` And, also, Your Honor, we have
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`reserved or procured a court reporter for this
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`call.
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` JUDGE COCKS: Okay. Thank you,
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`Mr. Yirga. I think you probably know the
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`drill, but once the transcript becomes
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`available, please file it as an exhibit in the
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`proceeding.
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` MR. YIRGA: Yes, Your Honor.
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` JUDGE COCKS: Okay. So this is a
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`pre-hearing conference call pertaining to
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`DER2017-00007 as, I think, jointly requested by
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`the parties.
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` Right off the bat, I'd like to
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`identify a potential typographical error that
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`was made by the board. It looks like, in our
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`trial hearing order on page 2, we had
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`identified a hearing date of November 18th.
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`But in the order section, we identified the
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`correct hearing date of November 14th.
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` I just want to verify with the
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`Veritext Legal Solutions
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`Exhibit 2048 Page 5
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`

`

`Page 6
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`parties that they're aware the hearing is
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`occurring beginning at 10 o'clock Eastern time
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`on November 14th.
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` Let me hear from both sides. Ms.
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`Li?
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` MS. LI: Yes.
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` JUDGE COCKS: And, Mr. Yirga?
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` MR. YIRGA: Yes, Your Honor, we're
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`aware it's the 14th. Thank you.
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` JUDGE COCKS: I apologize for the
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`typographical error.
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` It sounds like the parties have
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`conferred and wish to raise some matters before
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`we have our hearing on the 14th. So I don't
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`know who wants to go first, but if -- whoever
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`wishes to, why don't we start with Miss -- who
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`sent the -- Mr. Yirga, I think you sent the
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`e-mail.
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` Mr. Yirga, why don't you start and
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`let us know what you'd like to talk about on
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`the call today.
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` MR. YIRGA: Yes, Your Honor. We
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`sent the e-mail, and I believe there were two
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`issues jointly shared between the parties, and
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`that was issues or disputes over the
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`Veritext Legal Solutions
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`Exhibit 2048 Page 6
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`

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`Page 7
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`demonstratives as well as the display devices.
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` And just talking about those two
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`jointly held issues, and I will let Ms. Li
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`speak to it if I'm inaccurate from my
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`understanding, but we have exchanged
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`demonstratives. And at this time, both
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`parties -- we, at least I should say, have some
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`objections to the demonstratives from the other
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`side.
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` However, we were not going to, I
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`guess, take the time of the board to go over
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`what those are, but instead, and I think this
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`idea was jointly shared, that if the board
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`finds any of the demonstratives to be important
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`we have objections to, that we would address it
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`at the time of the hearing.
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` So that's kind of, I think, the
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`idea that both sides came to when it came to
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`the objections over demonstratives.
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` And then, as to the display device,
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`we were contacted today by IT personnel from
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`the board, and they assured us that we would
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`have what was necessary, the connection for our
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`presentation.
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` So, I think, as to the first two
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`Veritext Legal Solutions
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`Exhibit 2048 Page 7
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`

`

`Page 8
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`issues, unless you wish to talk about them or
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`Ms. Li does, I think are relatively resolved.
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` And then we had two other issues as
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`well, which I could bring up now, or if you
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`want to respond, or if you would like for Ms.
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`Li to respond, we can do that.
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` JUDGE COCKS: Why don't we go ahead
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`and stay those two issues for now. Let's talk
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`about the first two. I'm glad that we have
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`worked out the equipment issue and that the
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`necessary equipment was provided.
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` I would like to discuss briefly the
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`objections. I'd like to go into the nature of
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`the objections. Part of the reason being is
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`the purpose of calls like this are to try and
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`streamline the hearing so that we can avoid
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`getting into some sort of protracted discussion
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`of objections during the actual hearing time.
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` So I would like to perhaps -- let's
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`touch on the subject. Unfortunately, the panel
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`does not have the demonstratives in front of
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`us, so it would be a little bit difficult to
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`ascertain the full nature of the objections,
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`but I would like to talk about them.
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` I would actually like to hear from
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`Veritext Legal Solutions
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`Exhibit 2048 Page 8
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`

`

`Page 9
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`Ms. Li. I mean, if the parties do wish to
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`discuss at the hearing, we can potentially do
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`that, but I think I and the panel would prefer
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`to discuss it now if at all possible.
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` But, Ms. Li, let me hear your take
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`on the demonstratives. Do you have objections
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`to their demonstratives as well?
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` MS. LI: Yes, Your Honor, we do,
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`but, like counsel for GED said, we have
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`previously agreed to not to object to be
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`efficient.
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` Do you wish to talk about these --
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`our specific objections now or --
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` JUDGE COCKS: Well, so when you say
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`not to object, you mean on this call -- if the
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`parties aren't going to object at any time,
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`then I think the matter is settled. But if
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`there are going to be objections raised in the
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`hearing, I believe I'd like to touch on them
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`now.
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` Part of the reason is, from a
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`practical standpoint, I don't want to use the
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`valuable hearing time to discuss things that
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`can be potentially resolved now. I would --
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` MR. MORTON: Your Honor?
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`888-391-3376
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`Veritext Legal Solutions
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`Exhibit 2048 Page 9
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`

`

`Page 10
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` JUDGE COCKS: Yes.
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` MR. MORTON: Your Honor, if I could
`
`interject. This is Mr. Morton. My sincere
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`apologies. I just joined the call a few
`
`minutes after it started.
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` JUDGE COCKS: Okay.
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` MR. MORTON: But I am here.
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` JUDGE COCKS: Okay. Thanks, Mr.
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`Morton. The panel is on the call as well as
`
`counsel for the respondent, including Mr.
`
`Yirga, who is, I think, speaking on behalf of
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`respondent.
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` MR. MORTON: Yes.
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` JUDGE COCKS: Okay. So I had just
`
`asked -- we're talking about the nature of
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`objections to the demonstratives. I'd like to
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`get some feel how severe those objections are
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`on each side.
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` So if we could get just a brief
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`rundown, let's start with Mr. Yirga, a brief --
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`an overall rundown in a summary context of what
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`type of objections we're facing.
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` MR. YIRGA: Sure. Thank you, Your
`
`Honor. And again, I just want to reiterate, I
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`don't know if Mr. Morton heard, but what, I
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`Veritext Legal Solutions
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`Exhibit 2048 Page 10
`
`

`

`Page 11
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`guess, our position was is that we felt that
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`there were some issues on some of the slides
`
`for both sides. However, you know, we weren't
`
`going to make a formal objection. But if the
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`board was finding any of the slides that were
`
`important that we did have issue with, we
`
`thought we would bring it up during the oral
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`argument.
`
` And as to your overall question, we
`
`just felt that some of the slides that were
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`provided from the other side, from Andersen's
`
`side, were either incomplete or misleading, as
`
`in their briefs. And that we didn't think we
`
`should point it out necessarily during this
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`call, but again, if you thought it was
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`important during the oral argument, we would
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`bring it up there.
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` And by way of an example, for
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`example, Slide 23 of their 43 or 44 slides, it
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`says, in the headline, Oquendo conceived and
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`communicated a stop, when we think that is
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`inconsistent with the testimony, as we've
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`stated in our briefs, that we don't believe
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`that Mr. Oquendo actually invented a stop.
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` So that was the type of objection
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`Veritext Legal Solutions
`
`Exhibit 2048 Page 11
`
`

`

`Page 12
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`that we really thought was, you know, really
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`the misleading or mischaracterization of
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`testimony or evidence that has been discussed
`
`in our briefs and put before you in exhibits.
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` JUDGE COCKS: And let me ask, how
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`many slides of the slide deck are -- do you
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`potentially have objections to?
`
` MR. YIRGA: I would probably say
`
`four or five. And again, it's -- the number of
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`slides that they had, we just thought we really
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`wouldn't take up the board's time now. But if
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`you actually thought any of their slides were
`
`on point that was worth discussing, we would
`
`take up that issue during the oral argument.
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`So we really, I guess, aren't objecting if they
`
`want to use the slides that they've sent to us.
`
`So --
`
` JUDGE COCKS: Okay.
`
` MR. MORTON: Your Honor, if I
`
`may --
`
` JUDGE COCKS: Yes.
`
` MR. MORTON: -- and I thought --
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`I'm surprised -- I thought we had an agreement
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`to simply not object to slides. And each side
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`can use their slides. I mean, if they -- so
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`Veritext Legal Solutions
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`Exhibit 2048 Page 12
`
`

`

`Page 13
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`that's what I thought the agreement was between
`
`the parties. I thought we had nothing to
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`discuss about objecting to slides here or at
`
`the hearing.
`
` Obviously, if they want to argue
`
`that we're wrong about whatever, they can, but
`
`my understanding was we were just -- we were
`
`waiving our objections to use of the slides,
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`each side, sir.
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` JUDGE COCKS: Okay.
`
` MR. YIRGA: And that's --
`
` JUDGE COCKS: Thank you,
`
`Mr. Morton. Mr. Yirga, before you go on, let
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`me make one point about what you said. So the
`
`type of objection -- the type of matter that
`
`you just raised when it comes to slides is --
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`reiterating briefing that you disagree with --
`
`is not really a proper objection.
`
` You may disagree with it, but the
`
`nature of an objection is that the slide
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`somehow is, for instance, a new argument that
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`has not yet been briefed. It's part of the
`
`briefing that -- and you very well may
`
`disagree, but I believe that will show up in
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`the context of your presentation and also the
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`Exhibit 2048 Page 13
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`

`

`Page 14
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`briefing that's already been filed.
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` So having heard from both sides, I
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`think -- why don't we do this. If there is
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`some point that must be raised about a slide,
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`do so at the end or at the beginning of a
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`presentation -- of your opportunity to speak at
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`the hearing and briefly just make a note of it.
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` I will add that, frankly,
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`anything -- if there is something that happens
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`to be new argument or something that's not
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`briefed, that will not factor into any type of
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`final decision in these proceedings, we will be
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`aware of it.
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` But given what I've heard, let's go
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`ahead and just touch on any objection, if there
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`is one, that comes up at the hearing at the
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`time that you're provided to speak. We don't
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`have standing objections in these proceedings,
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`so we don't want either side interrupting the
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`other during their presentation.
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` So any objection that you do wish
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`to raise, and I would hope they would be very
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`minor, you may do so when you have opportunity
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`to speak at the hearing. Is that satisfactory?
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` MR. YIRGA: Yes, Your Honor.
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`Exhibit 2048 Page 14
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`

`

`Page 15
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` JUDGE COCKS: And, Mr. Morton, or,
`
`Ms. Li?
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` MR. MORTON: Yes, Your Honor.
`
` JUDGE COCKS: Okay. Thank you.
`
`Okay. So those were the first two points that
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`were -- I also, Mr. Morton, I don't know if you
`
`heard. I just want to verify. At the very
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`beginning, I note that there was a
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`typographical error in the trial hearing order
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`on the second page identified November 18th as
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`the hearing date. The correct date is November
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`14th as reflected in the order section and as
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`well as the scheduling order in this case. So
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`I just wanted to apologize for the
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`typographical error and make sure the parties
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`are aware, which I understand they are now.
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` Okay. So it sounds like we've
`
`identified the first two points. And, Mr.
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`Yirga, you said you had two additional -- I've
`
`read your e-mail -- you have two additional
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`points you'd like to raise.
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` MR. YIRGA: Yes, Your Honor, just
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`if they're in -- based off of the past orders
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`and reading the guidance outline for the
`
`trials, we thought, you know, there was a line
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`Exhibit 2048 Page 15
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`

`

`Page 16
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`in there that stated that we were to ask and we
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`are certainly open and want to hear if there's
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`any other issues that the board wishes for the
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`parties to discuss.
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` JUDGE COCKS: And, yes, we do
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`provide that option. And, frankly, I think the
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`parties have identified, for the most part, the
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`issues that we wish to discuss. Frankly, what
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`we want to hear is, on the issues the party
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`disagree of, each party's narrative so that we
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`can make a decision and ultimately come, what
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`we hope to be, to the right decision.
`
` So I don't know if we're going to
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`get into specifics about things we want to see,
`
`but there are items that are identified in the
`
`briefing, for instance, the -- I believe the
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`June -- the June -- I can't remember -- the
`
`June drawings, which there was some dispute
`
`about the date, and also the nature of the
`
`stop, which seems to be becoming a fairly
`
`important issue. So, but I imagine the parties
`
`had already planned to discuss those two issues
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`in particular as a part of their presentation.
`
` So I don't want to tell the parties
`
`what to say, but if there is disagreement, we
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`Exhibit 2048 Page 16
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`

`

`Page 17
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`want to hear each side's take on the
`
`disagreement.
`
` MR. YIRGA: Okay. Thank you, Your
`
`Honor.
`
` JUDGE COCKS: And you had a second
`
`point?
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` MR. YIRGA: Yeah, the second and
`
`final, I guess, was the fact that the
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`depositions were taken in camera, so we were
`
`wondering if the board would be interested
`
`in -- for us to submit live testimony from the
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`videotapes. They're digital, and we can submit
`
`to you either short excerpts or the entire
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`depositions, they're all in digital format, if
`
`you felt or the board felt that it was
`
`important to judge or see the demeanor of the
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`witnesses during the testimony.
`
` JUDGE COCKS: At this time, the
`
`panel believes that the transcript of the
`
`testimony should be sufficient. Let me turn
`
`the question back to you. Do you believe that
`
`may not be the case?
`
` MR. YIRGA: No, that's fine, Your
`
`Honor. I just wanted to make sure you know it
`
`would be available if you wanted it.
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`Exhibit 2048 Page 17
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`

`

`Page 18
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` JUDGE COCKS: All right. Well, I
`
`appreciate the opportunity, but at this time, I
`
`believe the transcripts will be sufficient for
`
`the panel.
`
` MR. YIRGA: Okay.
`
` JUDGE COCKS: Okay. Any other
`
`issues from your end, Mr. Yirga?
`
` MR. YIRGA: Just the final one was
`
`just the fact that the Andersen -- counsel for
`
`Andersen indicated they would be bringing the
`
`prototype to the hearing, so we just wanted to
`
`make sure that they were still planning on
`
`doing that.
`
` MR. MORTON: We are.
`
` JUDGE COCKS: Yes. Okay. I
`
`believe we discussed this in our prior call,
`
`and I think it was also laid out in a prior
`
`order, so we expect that what we discussed in
`
`the prior call and order to be complied with,
`
`so we expect that the prototype will be there,
`
`and it sounds like it will, so --
`
` MR. YIRGA: Then that's all for
`
`respondent then, Your Honor. Thank you.
`
` JUDGE COCKS: All right. Thank
`
`you, Mr. Yirga.
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`Exhibit 2048 Page 18
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`

`

`Page 19
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` M r . M o r t o n , o r , M s . L i , a n y t h i n g
`
`y o u w o u l d l i k e t o r a i s e t o d a y ?
`
` M R . M O R T O N : N o t h i n g f r o m m e .
`
` J U D G E C O C K S : O k a y . I ' m g o i n g t o
`
`c o n f e r w i t h m y c o l l e a g u e s , s e e i f w e h a v e a n y
`
`o t h e r q u e s t i o n s f o r t h e p a r t i e s b e f o r e t h e
`
`h e a r i n g n e x t w e e k , s o p l e a s e s t a y o n t h e c a l l .
`
` ( R e c e s s t a k e n . )
`
` J U D G E C O C K S : O k a y . T h e p a n e l i s
`
`b a c k . W e h a v e n o t h i n g f u r t h e r t o d a y a n d l o o k
`
`f o r w a r d t o s p e n d i n g s o m e t i m e w i t h t h e p a r t i e s
`
`n e x t W e d n e s d a y , I b e l i e v e , b e g i n n i n g a t 1 0
`
`o ' c l o c k .
`
` M R . Y I R G A : T h a n k y o u , Y o u r H o n o r .
`
` J U D G E C O C K S : A l l r i g h t . T h a n k
`
`y o u , M r . Y i r g a , a n d , M r . M o r t o n , a n d , M s . L i ,
`
`a n d w e w i l l s e e e v e r y b o d y n e x t w e e k .
`
` M S . L I : A l l r i g h t . T h a n k y o u .
`
` M R . Y I R G A : T h a n k y o u .
`
` J U D G E C O C K S : T h i s c a l l i s
`
`a d j o u r n e d . T h a n k y o u .
`
` ( C o n f e r e n c e c a l l a d j o u r n e d a t
`
`1 : 1 8 p . m . )
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`Veritext Legal Solutions
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`Exhibit 2048 Page 19
`
`

`

` REPORTER'S CERTIFICATE
`
`Page 20
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` I, Patricia L. Cordiak, do hereby
`
`certify that as such Reporter I took down in
`
`Stenotypy all of the proceedings had in the
`
`foregoing transcript; that I have transcribed
`
`my said Stenotype notes into typewritten form
`
`as appears in the foregoing transcript; that
`
`said transcript is the complete form of the
`
`proceedings had in said cause and constitutes a
`
`true and correct transcript therein.
`
` <%2211,Signature%>
`
` Patricia L. Cordiak, Notary Public
`
` within and for the State of Ohio
`
`My commission expires December 17, 2020.
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`Exhibit 2048 Page 20
`
`

`

`[& - context]
`
`&
`& 1:21 2:14 3:4
`1
`10 6:2 19:12
`127 3:6
`1300 1:22 2:19
`14th 5:24 6:3,9,14
`15:12
`15/058,862 1:5
`17 20:20
`1700 1:22 2:19
`18th 5:22 15:10
`1:00 1:20
`1:18 19:24
`2
`
`2 5:21
`2000 3:6
`2018 1:19
`2020 20:20
`216 2:21 3:8
`2211 20:16
`23 11:19
`2800 2:7
`3
`349-8500 2:9
`4
`43 11:19
`44 11:19
`44114 2:20 3:7
`5
`55402 2:8
`6
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`612 2:9
`621-2234 2:21
`8
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`8 1:19
`800 2:7
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`www.veritext.com
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`861-7592 3:8
`9
`9,428,953 1:12
`9th 1:22 2:19
`a
`actual 8:18
`add 14:8
`additional 15:19
`15:20
`address 7:15
`adjourned 19:21
`19:23
`afternoon 4:2
`agreed 9:10
`agreement 12:23
`13:1
`ahead 8:7 14:15
`andersen 1:4 4:20
`18:9,10
`andersen's 11:11
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`15:14
`appeal 1:2
`appearances 2:1
`3:1
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`appreciate 18:2
`arbes 3:16 4:3,22
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`11:8,16 12:14
`13:21 14:10
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`assured 7:22
`available 5:11
`17:25
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`avenue 2:7
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`aware 6:1,9 14:13
`15:16
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`b
`
`b2 1:12
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`baker 3:4
`bakerlaw.com 3:9
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`beginning 6:2 14:5
`15:8 19:12
`behalf 2:2,13 3:3
`10:11
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`11:23 13:24 16:16
`17:21 18:3,16
`19:12
`believes 17:19
`bit 8:22
`board 1:2,16 5:20
`7:11,13,22 11:5
`16:3 17:10,15
`board's 12:11
`brief 10:19,20
`briefed 13:22
`14:11
`briefing 13:17,23
`14:1 16:16
`briefly 8:12 14:7
`briefs 11:13,23
`12:4
`bring 8:4 11:7,17
`bringing 18:10
`c
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`c 3:14
`call 1:16 4:3,4,12
`4:18,23,24 5:7,15
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`Veritext Legal Solutions
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`Page 1
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`6:21 9:15 10:4,9
`11:15 18:16,19
`19:7,20,23
`calls 8:15
`camera 17:9
`case 1:9 15:13
`17:22
`cause 20:11
`certainly 16:2
`certificate 20:1
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`chang 3:15 4:3,23
`cleveland 1:22
`2:20 3:7
`cmorton 2:10
`cocks 3:14 4:1,2,8
`4:10,16,17,21 5:8
`5:14 6:7,10 8:7
`9:14 10:1,6,8,14
`12:5,18,21 13:10
`13:12 15:1,4 16:5
`17:5,18 18:1,6,15
`18:24 19:4,9,15,20
`colleagues 19:5
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`comes 13:16 14:16
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`communicated
`11:21
`complete 20:10
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`5:15 19:23
`conferred 6:13
`connection 7:23
`constitutes 20:11
`contacted 7:21
`context 10:21
`13:25
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`Exhibit 2048 Page 21
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`

`

`[continued - interested]
`
`continued 3:1
`cordiak 1:24 20:4
`20:17
`corporation 1:4
`correct 5:24 15:11
`20:12
`counsel 4:4,5,6,12
`4:17 9:9 10:10
`18:9
`court 5:6
`covell 1:21 2:14
`cyrus 2:5
`d
`date 5:22,24 15:11
`15:11 16:19
`december 20:20
`decision 14:12
`16:11,12
`deck 12:6
`demeanor 17:16
`demonstratives
`7:1,6,8,14,19 8:21
`9:6,7 10:16
`depositions 17:9
`17:14
`der2017-00007 1:9
`5:16
`device 7:20
`devices 7:1
`difficult 8:22
`digital 17:12,14
`disagree 13:17,19
`13:24 16:10
`disagreement
`16:25 17:2
`discuss 8:12 9:2,4
`9:23 13:3 16:4,8
`16:22
`discussed 12:3
`18:16,18
`
`discussing 12:13
`discussion 8:17
`display 7:1,20
`dispute 16:18
`disputes 6:25
`doing 18:13
`drawings 16:18
`drill 5:10
`e
`e 6:18,23 15:20
`east 1:22 2:19
`eastern 6:2
`efficient 9:11
`either 11:12 14:19
`17:13
`entire 17:13
`equipment 8:10
`8:11
`error 5:19 6:11
`15:9,15
`esq 2:5,6,16,17,18
`3:5
`everybody 19:17
`evidence 12:3
`example 11:18,19
`excerpts 17:13
`exchanged 7:5
`exhibit 5:11
`exhibits 12:4
`expect 18:18,20
`expires 20:20
`f
`facing 10:22
`fact 17:8 18:9
`factor 14:11
`fairly 16:20
`feel 10:17
`felt 11:1,10 17:15
`17:15
`
`file 5:11
`filed 14:1
`final 14:12 17:8
`18:8
`finding 11:5
`finds 7:14
`fine 17:23
`first 6:15 7:25 8:9
`15:5,18
`five 12:9
`foregoing 20:7,9
`form 20:8,10
`formal 11:4
`format 17:14
`forward 19:11
`four 12:9
`frankly 14:8 16:6
`16:8
`front 8:21
`full 8:23
`further 19:10
`g
`ged 1:11 9:9
`george 2:18 5:3
`getting 8:17
`given 14:14
`glad 8:9
`go 6:15 7:11 8:7
`8:13 13:13 14:14
`going 4:11 7:10
`9:16,18 11:4
`16:13 19:4
`good 4:1
`gpinchak 2:24
`guess 7:11 11:1
`12:15 17:8
`guidance 15:24
`h
`
`h 3:5
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`Page 2
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`happens 14:9
`headline 11:20
`hear 6:4 8:25 9:5
`16:2,9 17:1
`heard 10:25 14:2
`14:14 15:7
`hearing 5:15,21,22
`5:24 6:1,14 7:16
`8:16,18 9:2,19,23
`13:4 14:7,16,24
`15:9,11 18:11
`19:7
`held 7:3
`hello 4:1,16
`hon 3:14,15,16
`honor 4:7 5:5,13
`6:8,22 9:8,25 10:2
`10:24 12:19 14:25
`15:3,22 17:4,24
`18:23 19:14
`hope 14:22 16:12
`hostetler 3:4
`i
`idea 7:13,18
`identified 5:22,23
`15:10,18 16:7,15
`identify 5:19
`imagine 16:21
`important 7:14
`11:6,16 16:21
`17:16
`inaccurate 7:4
`including 10:10
`incomplete 11:12
`inconsistent 11:22
`indicated 18:10
`instance 13:21
`16:16
`integrated 1:11
`interested 17:10
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`www.veritext.com
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`888-391-3376
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`Veritext Legal Solutions
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`Exhibit 2048 Page 22
`
`

`

`[interject - prefer]
`
`interject 10:3
`interrupting 14:19
`invented 11:24
`issue 8:10 11:6
`12:14 16:21
`issues 6:24,25 7:3
`8:1,3,8 11:2 16:3
`16:8,9,22 18:7
`items 16:15
`j
`john 2:16 5:2
`joined 10:4
`jointly 5:16 6:24
`7:3,13
`joni 3:15
`josiah 3:14
`judge 4:1,2,8,10
`4:16,16,21 5:8,14
`6:7,10 8:7 9:14
`10:1,6,8,14 12:5
`12:18,21 13:10,12
`15:1,4 16:5 17:5
`17:16,18 18:1,6,15
`18:24 19:4,9,15,20
`judges 4:3,22
`june 16:17,17,18
`justin 3:16
`jyirga 2:22
`k
`kaplan 2:4 4:20
`kind 7:17
`know 5:9 6:15,20
`10:25 11:3 12:1
`15:6,25 16:13
`17:24
`
`l
`l 1:24 2:18 20:4,17
`laid 18:17
`lasalle 2:7
`
`li 2:6 4:19,20,22
`6:5,6 7:3 8:2,6 9:1
`9:5,8 15:2 19:1,16
`19:18
`line 4:13 15:25
`little 8:22
`live 17:11
`llp 1:21 2:4,15 3:4
`look 19:10
`looks 5:20
`m
`mail 6:18,23 15:20
`matter 9:17 13:15
`matters 6:13
`mean 9:1,15 12:25
`minneapolis 2:8
`minnesota 2:8
`minor 14:23
`minutes 4:11 10:5
`mischaracterizat...
`12:2
`misleading 11:12
`12:2
`morton 2:5 9:25
`10:2,3,7,9,13,25
`12:19,22 13:13
`15:1,3,6 18:14
`19:1,3,16
`n
`narrative 16:10
`nature 8:13,23
`10:15 13:20 16:19
`necessarily 11:14
`necessary 7:23
`8:11
`new 13:21 14:10
`notary 1:24 20:17
`note 14:7 15:8
`notes 20:8
`
`november 1:19
`5:22,24 6:3 15:10
`15:11
`number 12:9
`o
`o'clock 6:2 19:13
`object 9:10,15,16
`12:24
`objecting 12:15
`13:3
`objection 11:4,25
`13:15,18,20 14:15
`14:21
`objections 7:8,15
`7:19 8:13,14,18,23
`9:6,13,18 10:16,17
`10:22 12:7 13:8
`14:18
`obviously 13:5
`occurring 6:2
`office 1:1
`ohio 1:22 2:20 3:7
`20:18
`okay 4:10,14 5:8
`5:14 10:6,8,14
`12:18 13:10 15:4
`15:5,17 17:3 18:5
`18:6,15 19:4,9
`once 5:10
`open 16:2
`opportunity 14:6
`14:23 18:2
`option 16:6
`oquendo 11:20,24
`oral 1:17 11:7,16
`12:14
`order 5:21,23 15:9
`15:12,13 18:18,19
`orders 15:23
`outline 15:24
`
`Page 3
`
`overall 10:21 11:9
`p
`p.m. 1:20 19:24
`page 5:21 15:10
`panel 3:13 8:20
`9:3 10:9 17:19
`18:4 19:9
`part 8:14 9:21
`13:22 16:7,23
`particular 16:23
`parties 5:17 6:1,12
`6:24 7:7 9:1,16
`13:2 15:15 16:4,7
`16:21,24 19:6,11
`party 16:9
`party's 16:10
`patent 1:1,2,12
`patricia 1:24 20:4
`20:17
`personnel 7:21
`pertaining 5:15
`petitioner 1:7 2:2
`4:5,12,18,20
`phone 5:1
`pinchak 2:18 5:4
`planned 16:22
`planning 18:12
`please 4:13 5:11
`19:7
`point 11:14 12:13
`13:14 14:4 17:6
`points 15:5,18,21
`position 11:1
`possible 9:4
`potential 5:19
`potentially 9:2,24
`12:7
`practical 9:22
`pre 1:17 5:15
`prefer 9:3
`
`www.veritext.com
`
`888-391-3376
`
`Veritext Legal Solutions
`
`Exhibit 2048 Page 23
`
`

`

`[presentation - things]
`
`presentation 7:24
`13:25 14:6,20
`16:23
`previously 9:10
`prior 18:16,17,19
`probably 5:9 12:8
`proceeding 5:12
`proceedings 14:12
`14:18 20:6,11
`procured 5:6
`proper 13:18
`prototype 18:11
`18:20
`protracted 8:17
`provide 16:6
`provided 8:11
`11:11 14:17
`public 1:24 3:6
`20:17
`purpose 8:15
`put 12:4
`q
`question 11:9
`17:21
`questions 19:6
`r
`
`r 2:17
`raise 6:13 14:22
`15:21 19:2
`raised 9:18 13:16
`14:4
`read 15:20
`reading 15:24
`really 12:1,1,10,15
`13:18
`reason 8:14 9:21
`recess 4:15 19:8
`reflected 15:12
`reiterate 10:24
`
`reiterating 13:17
`relatively 8:2
`remember 16:17
`reporter 5:6 20:5
`reporter's 20:1
`requested 5:16
`reserved 5:6
`resolved 8:2 9:24
`respond 8:5,6
`respondent 1:14
`2:13 3:3 4:6,24
`5:3 10:10,12
`18:23
`right 4:21 5:18
`16:12 18:1,24
`19:15,18
`robins 2:4 4:20
`robinskaplan.com
`2:10,11
`rpr 1:24
`rundown 10:20,21
`s
`samantha 2:17 5:4
`satisfactory 14:24
`says 11:20
`scheduling 15:13
`second 15:10 17:5
`17:7
`section 5:23 15:12
`see 16:14 17:16
`19:5,17
`sent 6:17,17,23
`12:16
`settled 9:17
`severe 10:17
`shared 6:24 7:13
`short 17:13
`show 13:24
`shui 2:6 4:19
`shunk 3:5 5:4
`
`side 7:9 10:18
`11:11,12 12:24
`13:9 14:19
`side's 17:1
`sides 6:4 7:18 11:3
`14:2
`signature 20:16
`simply 12:24
`sincere 10:3
`sir 13:9
`sli 2:11
`slide 11:19 12:6
`13:20 14:4
`slides 11:2,5,10,19
`12:6,10,12,16,24
`12:25 13:3,8,16
`smart 2:17 5:4
`solutions 1:11
`sorry 4:19
`sort 8:17
`sounds 6:12 15:17
`18:21
`speak 7:4 14:6,17
`14:24
`speaking 10:11
`specific 9:13
`specifics 16:14
`spending 19:11
`square 3:6
`ssmart 2:23
`standing 14:18
`standpoint 9:22
`start 6:16,19 10:20
`started 10:5
`state 20:18
`stated 11:23 16:1
`states 1:1
`stay 4:13 8:8 19:7
`stenotype 2

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