Case 1:13-cv-00919-JLH Document 547-1 Filed 05/10/23 Page 1 of 400 PageID #: 55602
`Case 1:13-cv-00919-JLH Document 547-1 Filed 05/10/23 Page 1 of 400 PagelD #: 55602
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`EXHIBIT A
`EXHIBIT A
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`Case 1:13-cv-00919-JLH Document 547-1 Filed 05/10/23 Page 1 of 400 PagelD #: 55602
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`EXHIBIT A
`EXHIBIT A
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`Case 1:13-cv-00919-JLH Document 547-1 Filed 05/10/23 Page 2 of 400 PageID #: 55603
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`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF DELAWARE
`
`)
`ARENDI S.A.R.L.,
` )
` )
` Plaintiff, )
` ) C.A. No. 13-919-JLH
`v. )
` )
`GOOGLE LLC,
`)
` )
` Defendant. )
`
`
`
`
`
`
`
`
`Monday, May 1, 2023
`8:22 a.m.
`Jury Trial
`
`Volume VI
`
`
`
`844 King Street
`Wilmington, Delaware
`
`BEFORE: THE HONORABLE JENNIFER L. HALL
`United States Magistrate Judge
`
`
`
`
`APPEARANCES:
`
`
` SMITH, KATZENSTEIN & JENKINS LLP
` BY: NEAL C. BELGAM, ESQ.
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` -and-
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`Case 1:13-cv-00919-JLH Document 547-1 Filed 05/10/23 Page 3 of 400 PageID #: 55604
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`APPEARANCES CONTINUED:
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`
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` SUSMAN GODFREY, LLP
` BY: JOHN LAHAD, ESQ.
` BY: KEMPER DIEHL, ESQ,
` BY: MAX STRAUS, ESQ.
` BY: SETH ARD, ESQ.
` BY: KALPANA SRINIVASAN, ESQ.
` Counsel for the Plaintiff
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` POTTER ANDERSON & CORROON
` BY: DAVID ELLIS MOORE, ESQ.
`
`
`-and-
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` PAUL HASTINGS
` BY: ROBERT W. UNIKEL, ESQ.
` BY: CHAD J. PETERMAN, ESQ.
` BY: MATTHIAS A. KAMBER, ESQ.
` BY: ANDREA ROBERTS, ESQ.
`BY: VINCENT LING, ESQ.
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` Counsel for the Defendant
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`Case 1:13-cv-00919-JLH Document 547-1 Filed 05/10/23 Page 4 of 400 PageID #: 55605
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`P R O C E E D I N G S
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`(Proceedings commenced in the courtroom beginning at
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`8:22 a.m.)
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`THE COURT: Please be seated.
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`Good morning.
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`So we're at our fifth day of evidence
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`presentation.
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`All right. Am I correct that who we're
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`planning to put on today is Mr. -- Dr. Fox, and then
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`Dr. Kidder, or Mr. Kidder?
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`MR. PETERMAN: Dr. Fox and Mr. Kidder, Your
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`Honor.
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`THE COURT: Okay. And do you have a sense of
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`how long we're going to hear from Dr. Fox?
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`MR. PETERMAN: Little over an hour, Your Honor.
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`THE COURT: Okay. And then we'll have cross.
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`And then Mr. Kidder is --
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`MR. PETERMAN: Mr. Kidder will be about
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`45 minutes to 50 minutes.
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`THE COURT: Okay. And at that point, does
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`defendant intend to be finished with their evidence
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`presentation?
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`MR. PETERMAN: After Mr. Kidder, yes, Your
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`Case 1:13-cv-00919-JLH Document 547-1 Filed 05/10/23 Page 5 of 400 PageID #: 55606
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`Honor.
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`THE COURT: Okay. All right. And we've got
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`objections to demonstratives being used by Mr. Kidder, but
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`are we good with Dr. Fox, at least, so we can get started
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`without worrying about objections in his demonstratives?
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`MR. LAHAD: I think we're ready to go, Your
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`Honor.
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`THE COURT: Okay. You're -- pardon?
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`MR. LAHAD: I think we're ready to go. We have
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`no objections to Mr. Fox's demonstratives.
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`THE COURT: Okay. All right. But Mr. Kidder,
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`you do?
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`MR. LAHAD: Yes, Your Honor.
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`THE COURT: Okay. I got a letter -- please be
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`seated. I got a letter saying there were objections, but
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`I don't have copies or anything about what the
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`objectionable material is. So we've got five minutes now.
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`We can start taking a look at that.
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`MR. PETERMAN: Yes, Your Honor. I have a copy
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`of the all the demonstratives and exhibits that Arendi is
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`objecting to. I think, essentially, the objections can be
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`characterized as they went outside the scope of
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`Mr. Weinstein's report and presented a new damages number.
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`THE COURT: Yeah. I can see exactly where this
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`is going to go. I just need to lay eyes on them.
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`Case 1:13-cv-00919-JLH Document 547-1 Filed 05/10/23 Page 6 of 400 PageID #: 55607
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`MR. PETERMAN: They are trying to prevent
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`Mr. Kidder from responding to that new theory that --
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`THE COURT: I am on the same page. Let me just
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`see what slides -- do you want to confer with the other
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`side about which slides are -- should be handed up?
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`MR. PETERMAN: I have a copy of everything that
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`they objected to.
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`May I approach?
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`THE COURT: Yes. Thank you. All right. Just
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`give me a minute to take a look at these.
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`This is everything -- these are just the ones
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`that are objected to?
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`MR. PETERMAN: Those are the ones that are
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`objected to, Your Honor. And then also, there's an
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`exhibit that we would like to introduce, same issue, that
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`they -- that they've objected to as well.
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`THE COURT: An exhibit that you want to
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`introduce into evidence?
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`MR. PETERMAN: Yes.
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`THE COURT: Okay. All right. Why don't you
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`hand that up as well.
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`So they're objecting to like 40 of your slides?
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`MR. PETERMAN: Yes.
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`THE COURT: All right. Well, okay, we're not
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`going to get this done in the next five minutes.
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`Case 1:13-cv-00919-JLH Document 547-1 Filed 05/10/23 Page 7 of 400 PageID #: 55608
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`MS. SRINIVASAN: Well, Your Honor, if I may.
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`Some of these, I understood, that they replaced last
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`night, so...
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`MR. PETERMAN: Well, no, that's not correct.
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`MS. SRINIVASAN: Pursuant to our meet and
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`confer.
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`THE COURT: Okay. Everybody, let's slow down
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`because we're going to -- I don't want to get off with a
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`start this morning where we're muddling up the record. So
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`let's, everybody, sit down. We'll just go and we can talk
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`about it while everybody is having a seat.
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`All right. The first page is DDX-10.018.
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`What's plaintiff's objection to this?
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`MS. SRINIVASAN: Your Honor, for these and the
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`next few slides, the calculation that's performed here was
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`not done by Mr. Kidder in his report. He did a different
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`extended views calculation comparing revenues basis
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`between the different entities without doing it as a
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`function of each license amount.
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`And when we conferred about this last night,
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`Google sent replacement slides doing it with a manner in
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`which Mr. Kidder had actually disclosed in his report. We
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`said that we didn't object to those.
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`So I don't know if they're insisting on doing
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`it this way, but this isn't the way in which -- he didn't
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`Case 1:13-cv-00919-JLH Document 547-1 Filed 05/10/23 Page 8 of 400 PageID #: 55609
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`calculate it this way in his report.
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`THE COURT: Okay. Do you dispute the
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`calculations, or do you just dispute the way that it is
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`being presented to the jury?
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`MS. SRINIVASAN: Well, the methodology is just
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`not what he did in his report.
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`THE COURT: It's a different methodology.
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`MS. SRINIVASAN: Right.
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`THE COURT: Okay.
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`Counsel.
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`MR. PETERMAN: Your Honor, we disagree. This
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`is a methodology based off of revenues. Clearly, it's a
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`question of, if you apply the revenues versus the
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`settlement agreement first, or if you apply it versus the
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`revenues for Apple. So now we're thinking that, A plus B
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`equals C, is what Mr. Kidder initially presented in his
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`expert report.
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`We think for a jury -- in order to not confuse
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`the jury, we want to essentially put in front of them B
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`plus A equals C. So it's the same result, it's just a
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`slightly different way of getting presentation -- way of
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`getting to the result.
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`And this is a result of the change that
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`plaintiffs made with respect to the damages theory. We
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`think it's clearer now, the way that Mr. Kidder wants to
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`present it in the slides that are in front of you, versus
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`the way that he presented it in his expert report.
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`THE COURT: Okay. Where in the record is his
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`report that opines on this issue that we're talking about
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`right now? What page so we can take a look at it on a
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`break?
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`MR. PETERMAN: Yes, Your Honor. So do you have
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`his reports there?
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`THE COURT: No. No one has ever presented them
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`to us, the slides. We have hunted and found most of them
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`on the docket.
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`MR. PETERMAN: Okay. Give me a moment, Your
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`Honor.
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`MS. SRINIVASAN: I have a copy for the Court,
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`Your Honor.
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`MR. PETERMAN: Your Honor, I have one copy of
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`both of his reports. I can get a second copy.
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`THE COURT: Okay. Great. That's great.
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`So counsel just handed up the expert report of
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`Douglas Kidder, October 20, 2020, and a supplemental
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`expert report of Mr. Kidder, August 26, 2022.
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`What pages should I look at to see if this has
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`been previously disclosed?
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`MR. PETERMAN: Yeah. So, Your Honor, in the
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`second report, the 2022 report, paragraphs 152 to 160 is
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`Case 1:13-cv-00919-JLH Document 547-1 Filed 05/10/23 Page 10 of 400 PageID #: 55611
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`where Mr. Kidder goes through the revenue-based
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`comparison.
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`THE COURT: Okay. And then -- so we'll look at
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`that on a break. And then what -- is it the same argument
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`for how many of these slides?
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`MS. SRINIVASAN: Through the first testimonial
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`slide. So the next eight slides, through 10.026. They're
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`all the same issue.
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`THE COURT: Okay.
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`MR. PETERMAN: And, Your Honor, I will state
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`that it doesn't appear that Arendi disagrees that
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`Mr. Kidder came up with the scale revenue number. So for
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`that we'll look at the top of Slide 25. There's a scale
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`revenue number for Apple, Samsung, Microsoft, and InNova.
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`Doesn't appear that Arendi disagrees with those
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`numbers, because I think no matter which way you do the
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`calculation, you wind up with those same numbers. It's
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`really just a question of presentation.
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`THE COURT: Okay. All right. We will take a
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`look at that. All right. It's 8:30 now. So we'll bring
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`the jury out and then we'll deal with this. I want to
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`make sure we get started on time because we told them all
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`to get here early today.
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`MR. PETERMAN: Thank you, Your Honor.
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`THE COURT: All right. Ms. Garfinkel, can we
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`check and see if everybody is here.
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`Sounds like we are missing one juror. So let's
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`continue on.
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`Okay. Then we've got objection to 10.032?
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`MS. SRINIVASAN: That's right, Your Honor. As
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`to the next three slides, 32, 33, 34, those are
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`undisclosed opinions from Mr. Kidder's report. He does
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`disclose December 2017. And I think he was instructed to
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`use that date. There's nothing in his report about
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`maintenance releases or source code being published around
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`that time. He just said he was instructed to use that
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`date.
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`And now they're using testimony -- he had the
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`opportunity to ask why that was, but now they're using
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`testimony as to the basis for using that date, which
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`Mr. Kidder didn't disclose in his report.
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`He has one line in his report that says he was
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`instructed to use December 2017 as the date when STS was
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`enabled, that's it. There's no reference to maintenance
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`releases, source code, any of the things that are being
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`added here.
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`So we don't object to him obviously relying on
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`the December 2017 date, which has always been part of his
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`analysis for the other apps, and then for Google Chrome.
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`But for him to be utilizing the reason that they selected
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`that date when he didn't opine on it, that's an
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`undisclosed opinion.
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`They have it in the record from their fact
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`witnesses, but he chose not to ask them at the time he
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`issued two reports on this.
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`THE COURT: All right. So stand by. Let me
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`read these slides before I hear from Google.
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`Counsel.
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`MR. PETERMAN: Your Honor, Mr. Kidder chose to
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`focus on different aspects of the case when there was more
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`accused products at issue and --
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`Mr. Kidder chose to focus on different aspects
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`of the case when there were additional products at issue.
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`As of April 21st when Arendi changed to narrow its theory
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`to STS only, Mr. Kidder relooked at issues and looked at
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`issues for the first time with an STS-only basis.
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`Now he feels that his testimony regarding the
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`maintenance release is important for his STS-only opinion.
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`This is the first time that he's been able to make an
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`STS-only opinion.
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`MS. SRINIVASAN: Your Honor, if I may on that.
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`THE COURT: Just give me a second.
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`MS. SRINIVASAN: Sure.
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`THE COURT: Let me just ask everyone about
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`Slide 32, 33, and 34. This appears just to be testimony
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`that we've heard at trial. So is there any particular
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`reason why we can't put this up on the screen?
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`MS. SRINIVASAN: Well, for Mr. -- I mean, if
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`Mr. Kidder is going to say he has understanding about why
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`STS -- why he's using that December 2017 date, that is not
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`in his opinion. He did -- in his report, paragraph 175,
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`he said he was asked to consider a date of December 2017
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`as the date of first infringement when STS was enabled
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`Android 8. That's all he says.
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`So our objection is that if he's going to get
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`up there and say, I understand it was released on that
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`date because that's when the maintenance release was,
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`that's when the source code was published -- he doesn't
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`have any basis for that. He was instructed to use the
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`date. We understand that.
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`But now they're trying to use, you know, things
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`that he didn't develop. He didn't ask why that date was
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`chosen. And it's not correct that he didn't analyze an
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`STS-only world. That's the subject of his supplemental
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`report from 2022. He specifically considered a scenario
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`in which only STS was accused. He opined on a damages
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`number, that's the damages number he's presenting today.
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`So he had the opportunity to ask why that date,
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`and he didn't. And so we object to him using testimony
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`from the proceeding to try to add detail, well, as to why
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`that date was appropriate.
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`THE COURT: Wait. Let me just ask you about
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`what you just said. You're saying this 2022 report,
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`there's a scenario where he analyzed that STS, but not
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`Contact Detectors and Quick Action was accused?
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`MS. SRINIVASAN: Yes.
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`THE COURT: Where is that?
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`MS. SRINIVASAN: That's in Paragraph 30 and
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`175. In Paragraph 30, he says, "I have also been asked to
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`consider an alternative scenario in which only STS is
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`found to be properly accused of infringement such that the
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`hypothetical negotiation would have taken place around
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`December 5, 2017."
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`THE COURT: Give me a minute.
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`So Counsel, did or did he not analyze what the
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`royalty would be -- or respond to Mr. Weinstein's
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`calculation? You know what I'm asking.
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`MR. PETERMAN: Yes, yes.
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`THE COURT: Tell me what I'm asking, and then
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`tell me the answer.
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`MR. PETERMAN: There's two issues here.
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`Mr. Kidder did put forth an STS calculation under
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`Mr. Kidder's own model. And Mr. Kidder's own model is
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`really not dependent on the number of units. He did not
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`have the opportunity to present an STS under
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`Mr. Weinstein's new model. And that's really the
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`distinction here.
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`Mr. Weinstein's new model depends totally on
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`units. On cross-examination he admitted if the units were
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`wrong, the numbers were wrong. And that was squarely not
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`in front of Mr. Kidder in his 2022 report.
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`THE COURT: Okay. That was what I was asking,
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`and I appreciate the answer.
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`Counsel?
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`MS. SRINIVASAN: Your Honor, Mr. Weinstein's
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`model never changed. It has always been based on units.
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`And Mr. Kidder's responsive report is -- knew exactly what
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`Mr. Weinstein was disclosing.
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`In Paragraph 175 of his supplemental report, he
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`says he's been asked to consider -- and he's always had a
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`different model. He has a revenue-based model -- now, it
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`does apportion based on a number of installed units, and
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`we'll get to that.
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`But he's always had that model. Mr. Weinstein
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`always had a download-based model. But in Paragraph 175,
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`you can see -- and in the tables -- Paragraph 175, he
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`said, "I was asked to consider a scenario in which the
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`data of first alleged infringement was no earlier than
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`December 5, 2017, when STS was enabled to Android."
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`He says, "Under this scenario, the base of
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`accused devices and downloads would be smaller, and would
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`therefore result in a greater downward adjustment for
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`extensive used relative to Microsoft, Samsung, and Apple."
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`And he offers a damages, a lump sum payment damages number
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`of $500,000, which based on the slides, I understand, is
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`the number he's going to be sponsoring today.
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`And then in the Exhibit 5 to the report, you
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`can see -- in the Exhibit 5.0, to the supplemental
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`reports, he can see that he has listed all the downloads
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`for 2017 and 2018 for all of the apps.
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`And at that time, he was responding to
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`Mr. Weinstein's report that was STS only for the 12 of the
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`13 apps. That he went ahead and assumed, what if it was
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`STS only for everything.
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`The $500,000 that he came up with in his
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`September '22 report is what he's presenting today. It's
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`the same analysis he planned for that, and that's why it's
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`already disclosed in his report. It's not something that
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`he didn't foresee coming.
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`That's -- the December 2017 date forward, for
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`all applications, that is what he opined about in 2020 --
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`in this 2022 report; assuming that there would be only STS
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`accused, no Content Data Detectors, no CQSA.
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`He's responding to and providing an opinion
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`about an STS-only scenario.
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`MR. PETERMAN: Your Honor, Mr. Kidder --
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`THE COURT: So we've got multiple things going
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`on here. So we've kind of moved on from what we were
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`talking about with respect to these three slides. So...
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`MS. SRINIVASAN: Your Honor, with -- yeah, with
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`respect to those three slides, I think the issue is that
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`he was instructed to look at a December 2017 hypothetical
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`negotiation date for this alternative STS-only scenario.
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`And that's fine that he was instructed to use that.
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`Well, now he wants to say this is the reason
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`that date was chosen, there was a source code release,
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`there as maintenance release. That's not in his report.
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`There's nothing about that in there, even though he does
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`say he relies on this December report.
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`THE COURT: Right. But we've got two things
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`going on here that he's going to testify about. He's
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`going to testify about his own opinion, and he's also
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`going to testify about his reaction to your expert's
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`opinion. And so maybe that doesn't change what his own
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`opinion is, but certainly I think he should be allowed to
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`testify about his reaction to Arendi's opinion.
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`And these three slides, I don't have a problem
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`with. Let's keep going.
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`Actually, let me ask Ms. Garfinkel, do we have
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`all the jurors here?
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`All right. Let's take a break from this, and
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`we will take it up later.
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`Bring the jury in.
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`THE CLERK: Yes, Your Honor.
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`(The jury enters the courtroom at 8:44 a.m.)
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`THE COURT: Please have a seat.
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`Good morning, ladies and gentlemen of the jury.
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`Please be seated.
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`Welcome back. I hope everyone had a restful
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`weekend. We are going to continue today with the
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`testimony.
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`Let's have Google call its next witness.
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`MS. ROBERTS: Your Honor, Google calls
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`Dr. Edward Fox.
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`THE CLERK: Please approach.
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`Please state and spell your name for the
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`record.
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`F-O-X.
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`THE WITNESS: Edward Fox Edward, E-D-W-A-R-D,
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`EDWARD FOX, having been called as a witness, being
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`first duly sworn under oath or affirmed, testified as
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`follows:
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`THE CLERK: Thank you. Please be seated.
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`DIRECT EXAMINATION.
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`MS. ROBERTS: Your Honor, may I approach with
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`binders?
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`THE COURT: Yes, please.
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`BY MS. ROBERTS:
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`Q.
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`Good morning.
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`A.
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`Good morning.
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`Q.
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`Would you please introduce yourself to the jury.
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`A.
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`Good morning. My name is Edward Fox. I live in
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`Blacksburg, Virginia with my wife of 51 years, and we've
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`raised four children and occasionally have our four
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`grandchildren visit us.
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`Q.
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`Did you prepare some demonstratives to assist with
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`your testimony today?
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`A.
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`I did. I have an hour-long, a little bit shorter
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`than some of the classes I teach.
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`Q.
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`Can you please describe your educational background
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`to the jury.
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`A.
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`In 1965, I started taking courses at Columbia
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`University and Stevens Institute of Technology. In 1967,
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`I started at MIT, where I began as a math major. I wanted
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`to work with computers. They didn't have a computer
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`science program back then. And so when the
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`electro-engineering department decided to offer a computer
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`science election, I switched to electro-engineering. And
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`so I worked in IT.
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`I was really fortunate to have a good friend, Bob
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`Frankston, who of the one of the two inventors of
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`spreadsheets, and as my undergraduate advisor, I had a
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`person named J.C.R. Licklider. He is often called the
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`grandfather of the Internet because of his work leading to
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`funding of the first Internet activities. Also, one on
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`the founders in the field of hemorrhage computer tracks.
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`So I had a wonderful mentor when I was undergraduate
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`student at MIT in the electro-engineering department.
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`Q.
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`And did you obtain a degree from MIT?
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`A.
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`I finished my bachelors of science in 1972. I spent
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`six years in South Carolina. My wife, who then was going
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`to Harvard, had a wonderful job there, so I went to join
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`her. And I spent a year teaching at a two-year college,
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`and then I spent six years in a steel joist manufacturing
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`plant running and developing software systems.
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`I decided at that point that I had done all I could
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`do and I wanted to pursue the field of information
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`retrieval -- search engines, finding things -- then I
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`started doing my bachelors thesis at MIT. So I picked
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`Cornell University, where the world leader of the father
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`of information retrieval was there so I could work with
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`him. So I start in 1978 at Cornell university. I
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`finished my master's in 1981 and my PhD in 1983.
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`Q.
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`Can you describe your professional background for the
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`jury?
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`A.
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`So tomorrow I finish the last class of my 40th year
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`of Virginia Tech as a faculty member in computer science,
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`and then I proceed with grading all of their student
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`projects. There's twenty-two teams that I'm working with
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`this semester in a Capstone computer science course.
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`Along the way, I've served as a volunteer on a number
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`of different editorial boards. One of boards I was
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`elected to is the Computing Research Association board,
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`which represents the computer research community for the
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`whole U.S. In addition to that, I've, over the years,
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`participated and helped assessing submissions and so forth
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`at hundreds of conferences and workshops.
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`And at Virginia Tech, I won a number of awards. One
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`for teaching innovation, one for service, and most
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`recently one as a commercialization champion because I
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`worked with a lot of students filing different preliminary
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`and patent applications, including one that's been issued
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`so far.
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`I've also working with my students and my colleagues.
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`I've done a lot of publications of all different types and
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`have been fortunate to travel all around the world giving
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`talks. If you add all the numbers that are listed there,
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`it's well over 1100. So many different things I've been
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`involved in.
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`Because of that, the Association for Computing,
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`NIEEE, one of the professional societies, has designated
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`me as a fellow, as has ACM, the other big computer society
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`that I joined in 1967. ACM has also added me to the
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`Academy for Information Retrieval, which is the leaders in
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`the field of information retrieval.
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`Q.
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`Are you being compensated for your work on this case?
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`A.
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`Yes. I'm being compensated on an hourly basis.
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`Q.
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`Do you have a financial interest in the outcome of
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`this matter?
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`A.
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`No.
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`MS. ROBERTS: Your Honor, I'd like to tender
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`Docs as an expert in the art.
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`MR. LAHAD: No objection, Your Honor.
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`THE COURT: All right. Dr Fox is accepted as
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`an expert.
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`BY MS. ROBERTS:
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`Q.
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`Dr. Fox, what were you asked to do in this case?
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`A.
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`I was asked to provide my expert opinion concerning
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`the validity of the asserted claims of the '843 patent and
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`as to the possible benefit of Arendi's inventions over the
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`prior art methods that existed.
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`Q.
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`Can you please explain to the jury what work you did
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`to reach your opinions.
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`A.
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`I did a lot of work starting in 2019 up until this --
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`up until this morning. I studied the '843 patent and its
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`asserted claims. I studied what's called the file history
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`or the prosecution history, which is a big binder that I
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`have sitting in front of me, which is all of the
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`documentation from the time the patent was filed until it
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`was issued.
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`In that, I noted there's a passage that points to
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`Arendi's Petition for Accelerated Examination Support that
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`it filed during the prosecution of the '356 patent, which
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`happens to share the same specification as the '843 patent
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`that we are considering in this litigation.
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`As I do with my students, I studied the prior art up
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`to the period of 1997 because I like them to know what
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`happened years ago. I also studied specific pieces of
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`prior art describing prior art systems. I studied the
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`deposition transcripts. We've heard testimony here from
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`Anind Dey, James Miller, and Atle Hedloy.
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`I traveled to California just as COVID was getting
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`started -- just made it out in time -- and inspected two
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`PowerBook systems, which we've heard about that James
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`Miller talked about and that he purchased and put software
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`on, so that I would understand the systems as they stood
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`from Apple Data Detectors. I also interviewed Mike
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`Pinkerton, who was a student at the same time as Anind Dey
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`and whose thesis I studied as well.
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`Q.
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`What opinions did you reach?
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`A.
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`So my opinion is that the asserted claims of the '843
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`patent are invalid. And I base this on two things.
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`First, is that they with anticipated by the CyberDesk
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`system. In other words, Anind Dey did it first. Also,
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`they were obvious in light of three prior art systems.
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`For example, Apple makes this obvious through its data
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`detectors. And the three systems I considered are
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`CyberDesk, Apple Data Detectors, and very common thing we
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`all are familiar with, Microsoft Word, but back in 1997.
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`Q.
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`Can you give the jury a high level overview of the
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`basis for your opinion?
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`A.
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`Yes. There were four points that I wanted to make
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`about this. The first is that Arendi admits that the
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`so-called shortcut elements of the asserted claims were
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`well known in the prior art. And we'll talk about what
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`those are. But just to quickly summarize what they are,
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`they're listed here.
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`The first is that analyzing text to find types of
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`information. The second is providing an input device for
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`a user command to act on identified information. The
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`third is receiving from it an input device, a command to
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`act on identified information. The fourth is causing a
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`search for the identified information to find the
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`associated information. And the fifth is performing
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`action, at least -- using at least part of the found
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`second information. These are all the pieces of this
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`so-called shortcut.
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`Q.
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`What is the second important point supporting your
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`opinion?
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`A.
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`The second point is that the '843 patent's
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`requirement to put instructions all in one program was a
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`very obvious choice and one of very few available design
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`choices. This makes clear and obvious argument, which
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`makes the patent invalid. But there's more; there's two
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`more points.
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`Q.
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`All right. Can you tell us what the third important
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`point is?
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`A.
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`The third point is that Arendi's principal argument
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`to the Patent Office that allowed it to get the patent was
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`that the prior art used instructions to set up the input
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`device and receive the user commands that were separate
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`from the document editing program. Arendi's invention
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`required the instructions for those actions to be fully
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`inside the first computer program.
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`Q.
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`What is the fourth important point supporting your
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`opinion?
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`A.
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`In spite of that, Arendi is now arguing that Google's
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`products are covered by the '843 patent's claims. You
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`heard last week from the experts who built the systems
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`that Google's products use instructions that are separate
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`from the document editing program.
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`Arendi's arguments contradict its statements to the
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`Patent Office. If we apply these new arguments, then the
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`'843 patent claims cover the prior art CyberDesk and Apple
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`Data Detectors systems, and, therefore, make the patent
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`invalid.
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`Q.
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`So let's delve into those specific four points. What
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`do you mean that Arendi
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