NetList Inc (NLST)

[100lbStriper]

Now Sheasby focused on claim 16. He said that claim 16 was a “comprising “ claim and that comprising claims are very important in patents. To meet a comprising claim, you must have everything, however you can have more. The more is irrelevant. Sheasby said claim 16 was also an “apparatus “ claim. Meaning if the function is there, it infringes even if not used. Sheasby got Stone to agree to everything he said-eventually, but when he brought up the apparatus question, Microns objected. Gilstrap asked for Sheasby’s response to the objection, and Sheasby responded that he was about to impeach the witness. Gilstrap called the attorneys to the bench for a while, then we resumed. Sheasby continued with both the 417 and 912 asserted claims were apparatus claims and comprising claims. Sheasby said all accused products have a register, phase lock loop, and a logic element. Stone agreed. (Con’t)