GrannieSmith

flydog said:

MplsP said:

Well, is anyone surprised by this? It should be pretty easy to prove if they have the e-mail trail.

E-mails are hearsay, and are inadmissible except for limited purposes such as cross-examination.

It seems Apple and Qualcomm have a different idea of who gave whom the idea regarding the '949 patent and Qualcomm's has some same day notes memorializing the events from its CC w/Apple. Qualcomm believes these notes and related testimony are admissable evidence in their filing here https://www.courtlistener.com/recap/gov.uscourts.casd.538308/gov.uscourts.casd.538308.645.0.pdf ;

Snip on admissability standard

Under Fed. R. Evid. 803(6), statements recording an act or event are admissible if
“(A) the record was made at or near the time by – or from information transmitted by – someone with knowledge;
(B) the record was kept in the course of a regularly conducted activity of a business, organization, occupation, or calling, whether or not for profit;
(C) making the record was a regular practice of that activity;
(D) all these conditions are shown by the testimony of the custodian or another qualified witness; and
(E) the opponent does not show that the source of information or the method or circumstances of preparation indicate a lack of trustworthiness.” 
 
Snip on Background

On February 3, 2010, Apple engineer S. Aon Mujtaba and other Apple employees requested a call with Qualcomm’s “relevant Gobi protocol experts” to discuss “the image transfer protocol from the AP to the BB.” PX0592 at 5 (Feb. 3, 2010 9:27 pm email). The request was relayed to Qualcomm’s “resident Gobi ‘image transfer protocol’ experts,” Billy Oostra and Claudia De Andrade, who, along with Qualcomm employee Ravi Soordelu, scheduled a call with Apple for 10 am on February 5, 2010. Id. at 2-3 (Feb. 4, 2010 10:35 am and 4:46 pm emails). 

Mr. Soordelu emailed the Apple team with details of the scheduled call on February 5, 2010. PX0809 at 11 (Feb. 4, 2010 9:57 pm email). Before the call, Mr. Soordelu was asked by Jim Willkie of Qualcomm to take and “post minutes from this meeting.” PX0812. 

Mr. Soordelu confirmed that he would, and at 7:19 pm on February 5, 2010, he sent Mr. Willkie, Mr. Oostra, Ms. De Andrade and others an email setting forth the topics discussed during the call a high level including “details on the protocol used in Gobi” and how “boot mechanism for Gobi” can be leveraged, among other things. Id. 

In addition to the email setting out “high level topics,” Mr. Soordelu also created consistent, but more detailed, meeting minutes with the file name “2010_02_05_GobiDownloadcall.txt.” PX0066.