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`Exhibit 28
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` 1
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` 2 UNITED STATES DISTRICT COURT
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` 3 SOUTHERN DISTRICT OF NEW YORK
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` 4 ---------------------------------x
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` 5 NETWORK-1 TECHNOLOGIES,INC.
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` 6 Plaintiff,
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` 7 Civil Action No.
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` 8 -against- 1:14-cv-02396-PGG
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` 9
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`10 GOOGLE, INC, and YOUTUBE, LLC,
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`11 Defendants.
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`12 ---------------------------------x
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`13 May 28, 2015, 2014
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`14 9:10 a.m.
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`15 ** OUTSIDE ATTORNEYS EYES ONLY **
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`16 VOLUME I
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`17 Confidential Videotaped Deposition of
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`18 DAVID ERB, taken by the Plaintiffs, pursuant
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`19 to Notice and Rule 30(b)(6) Notice, at the
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`20 offices of SKADDEN ARPS SLATE MEAGHER & FLOM
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`21 LLP, Four Times Square, New York, New York,
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`22 before David Levy, CSR, RPR, CLR, a Notary
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`23 Public of the State of New York.
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`24
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`25
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`1
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`DAVID ERB, 30(b)(6) - VOLUME I
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` 1
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` 2 A P P E A R A N C E S:
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` 3
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` 4 RUSS AUGUST & KABAT
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` 5 Attorneys for Plaintiff
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` 6 12424 Wilshire Boulevard, 12th Floor
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` 7 Los Angeles, California 90025
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` 8 (310) 826-7474
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` 9 BY: BRIAN D. LEDAHL, ESQ.
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`10 bledahl@raklaw.com
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`11 MARC FENSTER, ESQ.
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`12 mfenster@raklaw.com
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`13
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`14 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
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`15 Attorneys for Defendants
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`16 Four Times Square
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`17 New York, New York 10036
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`18 (212) 735-2419
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`19 BY: DOUGLAS R. NEMEC, ESQ.
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`20 douglas.memec@skadden.com
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`21
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`22 ALSO PRESENT:
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`23 RICH SONNENTAG ESQ.
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`24 Litigation Counsel, Google, Inc.
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`25 SHA-LA HOLLIS, Videographer
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`2
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`DAVID ERB, 30(b)(6) - VOLUME I
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` 2 VIDEOGRAPHER: Good morning. Here
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` 3 begins tape number one of the videotaped
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` 4 deposition of Mr. David Erb in the matter
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` 5 Network-1 Technologies, Inc., plaintiff,
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` 6 versus Google, Inc., and YouTube LLC,
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` 7 defendants, in the United States District
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` 8 Court, Southern District of New York, civil
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` 9 action number 14-CV-2396. This deposition
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`10 is being held at the Law Offices of Skadden
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`11 Arps Slate Meagher & Flom LLP, located at
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`12 Four Times Square, New York, New York, on
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`13 May 28th, 2015, at approximately 9:10 a.m.
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`14 My name is Sha-La Hollis and I'm the legal
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`15 video specialist. The court reporter is
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`16 David Levy and we are both in association
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`17 with Barkley Reporting Services.
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`18 Will all counsel present please
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`19 introduce themselves for the record.
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`20 MR. LEDAHL: Brian Ledahl, Russ August
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`21 on behalf of the plaintiff Network-1.
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`22 MR. FENSTER: Marc Fenster for the
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`23 plaintiff.
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`24 MR. NEMEC: Good morning, Doug Nemec
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`25 from Skadden, Arps for the defendants Google
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`3
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`DAVID ERB, 30(b)(6) - VOLUME I
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` 2 and YouTube, and with me is Rich Sonnentag,
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` 3 in-house counsel for Google.
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` 4 VIDEOGRAPHER: Will the court reporter
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` 5 please swear in the witness.
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` 6 D A V I D E R B , having been duly sworn
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` 7 by the Notary Public, was examined and
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` 8 testified as follows:
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` 9 EXAMINATION BY
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`10 MR. LEDAHL:
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`11 Q. Good morning, Dr. Erb. It is Dr. Erb,
`
`12 correct?
`
`13 A. No --
`
`14 Q. I'm sorry.
`
`15 A. Mr. Erb.
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`16 Q. Mr. Erb. Mr. Erb, before we get into
`
`17 the substance of your deposition, I to want to
`
`18 cover a few preliminaries and things, hopefully to
`
`19 make the process a little simpler and smoother.
`
`20 The first question I have is, have you ever had
`
`21 your deposition taken before today?
`
`22 A. Yes, I have.
`
`23 Q. And when was the last time you had
`
`24 your deposition taken?
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`25 A. I don't recall the date.
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`4
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`DAVID ERB, 30(b)(6) - VOLUME I
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` 2 Q. Do you recall approximately when?
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` 3 A. It would have been in approximately
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` 4 18 months or two years ago.
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` 5 Q. And what was the context of that prior
`
` 6 deposition?
`
` 7 A. It was a -- in the context of a
`
` 8 lawsuit over a patent from a plaintiff called
`
` 9 Personal Web in my professional capacity working
`
`10 for YouTube.
`
`11 Q. And were you in that deposition
`
`12 testifying -- if you don't understand these terms,
`
`13 I'll clarify -- but were you testifying in your
`
`14 personal capacity or as a corporate representative
`
`15 of Google or both?
`
`16 A. In my personal capacity.
`
`17 Q. Had you had your deposition taken any
`
`18 other times than the one in the Personal Web case
`
`19 you mentioned?
`
`20 A. Yes.
`
`21 Q. How many other occasions?
`
`22 A. Two that I recall.
`
`23 Q. What were the contexts of those two
`
`24 other depositions?
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`25 A. One was in the context of a lawsuit
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`5
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` 2 that I filed against a driver for a personal
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` 3 injury and the other was in the case of a lawsuit
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` 4 involving a company that I owned, my wife and I
`
` 5 owned, for a breach of contract with another
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` 6 company.
`
` 7 Q. So I'm going to cover a couple of
`
` 8 preliminaries. It sounds like you're somewhat
`
` 9 familiar with the process at least; but just so
`
`10 we're all on the same page for these purposes,
`
`11 first of all, you understand that the oath you
`
`12 took a few moments ago when we began is the same
`
`13 oath you would take if you were testifying live in
`
`14 court in front of a judge and jury?
`
`15 A. Yes.
`
`16 Q. And you understand that that oath
`
`17 carries the same penalties of perjury as if you
`
`18 were testifying live in court?
`
`19 A. Yes.
`
`20 Q. During the course of the deposition
`
`21 today, I'll obviously be asking you a number of
`
`22 questions. If at any time you don't understand
`
`23 one of my questions, please let me know and I'll
`
`24 do my best to clarify. Otherwise, I'll assume you
`
`25 understood the question. Do you understand?
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`6
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` 2 A. Yes.
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` 3 Q. Because, as you may note, we have a
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` 4 court reporter who takes down a transcript of the
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` 5 proceedings, it's important that we follow a
`
` 6 couple of somewhat simple rules to try to make his
`
` 7 job a little easier, mostly to avoid talking over
`
` 8 one another, since it's only really possible to
`
` 9 record one person at a time.
`
`10 To that end, I'm going to do my best
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`11 to wait until you finish your answers to begin my
`
`12 next question. Likewise, if you could wait until
`
`13 I finish my question to start your answer, that
`
`14 will make everything a little easier for the court
`
`15 reporter; do you understand?
`
`16 A. Yes.
`
`17 Q. In the same vein, because the court
`
`18 reporter has a very difficult time taking down
`
`19 things like shakes of the head or phrases like
`
`20 "uh-huh" and "uh-uh," which can be very ambiguous,
`
`21 I'm going to ask that you do your best to respond
`
`22 verbally and use words like yes or no so that the
`
`23 transcript is clear, do you understand that?
`
`24 A. Yes.
`
`25 Q. And additionally, as you may know from
`
`7
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` 2 past experience, after the deposition is
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` 3 completed, the court reporter will prepare a
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` 4 written transcript and you will have an
`
` 5 opportunity to review that and, to the extent you
`
` 6 believe necessary, make corrections to that
`
` 7 transcript. However, I do want to caution you
`
` 8 that, to the extent that you make such
`
` 9 corrections, I or my colleagues will be able to
`
`10 comment on those and suggest that it may call into
`
`11 question the truthfulness or accuracy of your
`
`12 testimony; do you understand?
`
`13 A. Yes.
`
`14 Q. And because of that, I would ask that
`
`15 you do your best to provide us with your best and
`
`16 most accurate recollections today. And in light
`
`17 of that, is there any reason, such as a health
`
`18 issue or medication, that would prevent you from
`
`19 giving your best and most accurate recollections
`
`20 and testimony today?
`
`21 A. No.
`
`22 Q. Okay. Where are you currently
`
`23 employed, Mr. Erb?
`
`24 A. I'm an employee of Google.
`
`25 Q. How long have you been employed by
`
`8
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` 2 Google?
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` 3 A. Since December 12th, 2005.
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` 4 Q. Where are you currently based
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` 5 geographically?
`
` 6 A. Zurich, Switzerland.
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` 7 Q. How long have you been based in
`
` 8 Zurich?
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` 9 A. Since August 2011.
`
`10 Q. When you began your employment at
`
`11 Google in 2005, what was your position or job
`
`12 function?
`
`13 A. My title was member of the technical
`
`14 staff, and I was the technical lead on a project
`
`15 called Sputnik.
`
`16 Q. In very general terms, what was
`
`17 Sputnik?
`
`18 A. Sputnik was a mobile application to
`
`19 bring the equivalent of the Google Widget, the
`
`20 home page, I don't remember what it was called, by
`
`21 a mobile Widget application.
`
`22 Q. How long were you working on the
`
`23 Sputnik project?
`
`24 A. About 14 months.
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`25 Q. So into early 2007?
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`9
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` 2 A. Yes.
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` 3 Q. Did you work on just that one project
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` 4 during that time or were there others as well?
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` 5 A. I worked briefly on a project to build
`
` 6 a tool called an SMS Reflector. Other than that,
`
` 7 only Sputnik.
`
` 8 Q. And after the time that you mentioned
`
` 9 that you were working on the Sputnik project, what
`
`10 was the next project or area that you worked on at
`
`11 Google?
`
`12 A. I worked an a telephony project called
`
`13 Piston.
`
`14 Q. And that began in early 2007?
`
`15 A. Yes.
`
`16 Q. What was the nature of that Piston
`
`17 project?
`
`18 A. The Piston project provided telephony
`
`19 services that ran on Google servers so that
`
`20 telephone calls could be initiated from the
`
`21 external public switched telephone network to
`
`22 Google, or from Google to the public switched
`
`23 telephone network.
`
`24 Q. And approximately how long did you
`
`25 work on the Piston project?
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`10
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` 2 A. Approximately two-and-a-half years.
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` 3 Q. So into sometime around the middle of
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` 4 2009?
`
` 5 A. That's my recollection, yes. It's
`
` 6 approximate, but yes.
`
` 7 Q. Was that your primary focus, the
`
` 8 Piston project, during that two-and-a-half years?
`
` 9 A. Yes, that was -- I would say really my
`
`10 sole focus at work.
`
`11 Q. After the time you mentioned working
`
`12 on the Piston project, what was your next area of
`
`13 focus or activity at Google?
`
`14 A. Cloud computing.
`
`15 Q. And what in particular with regard to
`
`16 cloud computing did you work on?
`
`17 A. I was the tech lead and manager of
`
`18 what's publicly known as the Google Cloud Storage
`
`19 project, and I contributed to the Big Query
`
`20 project and to the Compute Engine project.
`
`21 Q. In general terms, what is the, or what
`
`22 was the Big Query project?
`
`23 A. Big Query is a publicly-available
`
`24 service under that name for querying -- rapidly
`
`25 querying very large datasets in the range of up to
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`11
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` 2 many trillions of rows of data with a SQL-like
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` 3 query language.
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` 4 Q. You mentioned essentially three areas
`
` 5 within this -- were these all with the cloud
`
` 6 computing area that you mentioned?
`
` 7 A. Yes.
`
` 8 Q. And during what time frame,
`
` 9 approximately, did you work on the cloud computing
`
`10 projects that you've listed?
`
`11 A. From mid 2009 until August of 2011.
`
`12 Q. You also mentioned, I think, a Compute
`
`13 Engine, in those projects.
`
`14 A. Yes.
`
`15 Q. What was the Compute Engine?
`
`16 A. Compute Engine is a publicly-available
`
`17 service from Google that allows users to configure
`
`18 virtual machines in a network to run distributed
`
`19 computing jobs.
`
`20 Q. And after you transitioned out of --
`
`21 it sounded like the cloud computing projects in
`
`22 August of 2011, what was the next project or area
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`23 of focus that you had?
`
`24 A. I moved to the YouTube product area to
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`25 work as an individual contributor on the ContentID
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`12
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` 2 claiming team.
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` 3 Q. And how long did you work in the
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` 4 YouTube area on the ContentID claiming team?
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` 5 A. As an individual contributor until
`
` 6 December 2011. I continued to work on ContentID,
`
` 7 including the claiming team, beyond that time,
`
` 8 though.
`
` 9 Q. What was the change in your status or
`
`10 position in December 2011?
`
`11 A. I became the tech lead and manager of
`
`12 ContentID.
`
`13 Q. And do you still hold that position?
`
`14 A. Yes, among others.
`
`15 Q. What are the others?
`
`16 A. I am also the -- now I'm called a
`
`17 director, but I'm the engineering lead for YouTube
`
`18 Creator Analytics in addition to ContentID. And I
`
`19 also am the overall YouTube engineering lead for
`
`20 the Zurich office.
`
`21 Q. Any other positions that you've had or
`
`22 functions that you've had within Google in the
`
`23 time that you've worked there?
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`24 A. I think we've covered every job role
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`25 I've filled.
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`13
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` 2 Q. Okay. I'd like to step back for a
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` 3 moment and cover a little bit about your
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` 4 background. So starting with after secondary
`
` 5 school, any university education, did you attend
`
` 6 college?
`
` 7 A. Yes.
`
` 8 Q. And where was that?
`
` 9 A. Harvard.
`
`10 Q. And what, if any, degrees did you
`
`11 obtain?
`
`12 A. I obtained -- I obtained an AB degree.
`
`13 Q. And what was your major or the subject
`
`14 of study?
`
`15 A. Astrophysics.
`
`16 Q. What year did you graduate from
`
`17 Harvard?
`
`18 A. I was in the class of 1977 but my
`
`19 graduation was in January 1978.
`
`20 Q. Okay. After attending Harvard, did
`
`21 you pursue any further postgraduate, new
`
`22 additional education?
`
`23 A. Yes.
`
`24 Q. What other education did you pursue?
`
`25 A. I attended graduate school in
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`14
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` 2 geophysics at the University of Alaska in
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` 3 Fairbanks but did not receive a degree. And I
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` 4 received a Master's science degree in applied
`
` 5 mathematics from the University of Colorado in
`
` 6 1985.
`
` 7 Q. After you finished your Master's
`
` 8 degree at the University of Colorado, any further
`
` 9 postgraduate education?
`
`10 A. No.
`
`11 Q. I'm assuming you had various work
`
`12 positions between that time, 1985, and the time
`
`13 you joined Google 20 years later.
`
`14 A. Yes.
`
`15 Q. How many of those were in the, or were
`
`16 they all in the computer science, computer field
`
`17 generally?
`
`18 A. I would describe them all as being
`
`19 within the computer science or software
`
`20 engineering field except that one of them was in
`
`21 professional -- building professional audio
`
`22 systems. But my role was really focused on
`
`23 software.
`
`24 Q. Okay. Can you briefly run me through
`
`25 sort of the various employers you had or companies
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`15
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` 2 you worked for during that span, starting with the
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` 3 time when you graduated from the University of
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` 4 Colorado.
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` 5 A. I'll do that to the best of my
`
` 6 ability.
`
` 7 Q. Of course.
`
` 8 A. The first company after graduate
`
` 9 school that I worked for was called Alden Research
`
`10 Corporation. I worked there for approximately one
`
`11 year, from 1985 to 1986. I then moved to
`
`12 Cadnetics Corporation, where I worked for
`
`13 approximately two years, from 1986 until 1988.
`
`14 Then I moved to WaveFrame Corporation, where I
`
`15 worked for approximately two years, from 1988 to
`
`16 1990. Then I -- my wife and I had started a
`
`17 company called At Last Software, and I worked
`
`18 there from approximately 1990 until 1992.
`
`19 Between 1992 and 1995, I worked for a
`
`20 wide variety of companies. I was -- essentially I
`
`21 was a consultant for some venture capitalists and
`
`22 they would ask me to go work at a particular
`
`23 startup or particular company that they had
`
`24 invested in for a short period of time, and so I
`
`25 cannot recall most of the companies I worked for
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`16
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` 2 during that time period, although I did work for
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` 3 about a six-month period, somewhere in that time
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` 4 frame for Borland, which was separate from the
`
` 5 venture capital issues.
`
` 6 From 1995, approximately January of
`
` 7 1995 until December of 2005, I worked for
`
` 8 Microsoft, and that covers the time up until I
`
` 9 went to Google.
`
`10 Q. You mentioned a company called
`
`11 WaveFrame along the way. What was the business or
`
`12 the general nature of WaveFrame's activities?
`
`13 A. Professional audio workstations.
`
`14 That's the professional audio that I alluded to
`
`15 earlier.
`
`16 Q. When you say professional audio
`
`17 workstations, can you give me an example or a
`
`18 description of what you're referring to?
`
`19 A. Sure. The product that we built was
`
`20 called the AudioFrame, and it was a
`
`21 general-purpose digital signaling -- digital
`
`22 signal processing platform that allowed us to plug
`
`23 in boards that performed functions like sampling
`
`24 synthesizer for performance of music, or a -- a
`
`25 digital audio recording system to record and edit
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`17
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` 2 digital audio.
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` 3 These systems were typically for sale
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` 4 either to professional musicians or to recording
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` 5 studios or post-production facilities for fields
`
` 6 like music, television, and film.
`
` 7 Q. You also mentioned, I think, about a
`
` 8 ten-year span at Microsoft, is that correct?
`
` 9 A. Nearly 11 years, yes.
`
`10 Q. What was your primary function during
`
`11 that time at Microsoft?
`
`12 A. I had several -- I was initially a
`
`13 tech lead and then a development manager on a
`
`14 project called DaVinci, which built graphical
`
`15 systems for visually designing and constructing
`
`16 software. From that, I moved to be the
`
`17 development manager of Microsoft's internal tools.
`
`18 From that, I moved to Microsoft Research and was a
`
`19 group manager for Advanced Internal Tools.
`
`20 After that I became an architect for
`
`21 Advanced Internal Tools and after that, I became
`
`22 the architect for performance issues and Visual
`
`23 Studio, which was the last job I held.
`
`24 Q. Sir, do you understand that in
`
`25 connection with your deposition here today, at
`
`18
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` 2 least in part, you have also been identified or
`
` 3 designated by Google as a witness offering
`
` 4 testimony on behalf of the company?
`
` 5 A. Yes, I am -- I understand that I'm a
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` 6 30(b)(6) witness.
`
` 7 Q. That's right. I didn't want to bore
`
` 8 you with the legal jargon of the numbers or the
`
` 9 section but that's right.
`
`10 MR. LEDAHL: I'm going to ask the
`
`11 reporter to mark this, as I think I
`
`12 mentioned, let's start at 20.
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`13 EXH (Exhibit 20, Rule 30(b)(6) notice of
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`14 deposition, marked for identification, as of
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`15 this date.)
`
`16 Q. Mr. Erb, I'll first ask you if you've
`
`17 seen this document that we've marked as Exhibit 20
`
`18 before.
`
`19 A. I believe I have.
`
`20 Q. Okay. And if you turn to, starting on
`
`21 page five of this document, do you see there's a
`
`22 list of topics and subjects on which examination
`
`23 is requested?
`
`24 A. Yes, I see that list.
`
`25 MR. LEDAHL: And for the record, just
`
`19
`
`DAVID ERB, 30(b)(6) - VOLUME I
`
`
`
`Case 1:14-cv-02396-PGG-SN Document 241-3 Filed 11/12/20 Page 21 of 428
`
` 1 Erb - Confidential - Outside Counsel Only
`
` 2 for clarity, the document we've marked as
`
` 3 Exhibit 20 is Plaintiff's notice of Rule
`
` 4 30(b)(6) deposition of defendants.
`
` 5 Q. Mr. Erb, what I'd like to do is go
`
` 6 through what I understand to be the topics for
`
` 7 which you've been designated as the witness, make
`
` 8 sure we have a common understanding about which
`
` 9 ones those are so that we can go forward.
`
`10 The first is topic number one, "The
`
`11 website and/or system architecture for all accused
`
`12 instrumentalities, including hardware and
`
`13 software," do you see that?
`
`14 A. Yes.
`
`15 Q. And is it your understanding that you
`
`16 are the designated witness for that topic?
`
`17 A. Yes.
`
`18 Q. Okay. The next one is topic number
`
`19 two, and that's "The conception, development,
`
`20 design, testing and implementation of the accused
`
`21 instrumentalities, including the reasons why you
`
`22 developed and implemented the accused
`
`23 instrumentalities, any alternatives considered,
`
`24 the cost of such alternatives, and reasons why the
`
`25 alternatives were not used."
`
`20
`
`DAVID ERB, 30(b)(6) - VOLUME I
`
`
`
`Case 1:14-cv-02396-PGG-SN Document 241-3 Filed 11/12/20 Page 22 of 428
`
` 1 Erb - Confidential - Outside Counsel Only
`
` 2 Is it your understanding that you are
`
` 3 also the designee on topic number two?
`
` 4 A. Yes.
`
` 5 Q. Okay. And if I could ask you to turn
`
` 6 to topic number four on the following page, that
`
` 7 topic is, "The past and present design,
`
` 8 development and operation of the accused
`
` 9 instrumentalities."
`
`10 Is it your understanding that you are
`
`11 also the designee for that topic?
`
`12 A. Yes.
`
`13 Q. Okay. And the next one, number five,
`
`14 "The identity, location, custodians, and general
`
`15 description of the contents of documents that
`
`16 relate to the past and present design, development
`
`17 and operation of the accused instrumentalities."
`
`18 Is it also your understanding that you
`
`19 are designated to testify on that topic?
`
`20 A. Yes.
`
`21 Q. Okay. And the next one is number six,
`
`22 "The people most knowledgeable about the past and
`
`23 present design, development and operation of the
`
`24 accused instrumentalities."
`
`25 Is it your understanding that you're
`
`21
`
`DAVID ERB, 30(b)(6) - VOLUME I
`
`
`
`Case 1:14-cv-02396-PGG-SN Document 241-3 Filed 11/12/20 Page 23 of 428
`
` 1 Erb - Confidential - Outside Counsel Only
`
` 2 the designated witness on that topic as well?
`
` 3 A. Yes.
`
` 4 Q. And next topic number nine, "Any
`
` 5 material or significant changes to the
`
` 6 functionality of the accused instrumentalities
`
` 7 from the time of their introduction to the
`
` 8 present."
`
` 9 Is it your understanding that you're
`
`10 the designee on that topic as well?
`
`11 A. Yes.
`
`12 Q. And next, number ten, "Any planned
`
`13 changes to the design, development and operation
`
`14 of the accused instrumentalities, including the
`
`15 reasons therefor and the identity of all documents
`
`16 related to and persons knowledgeable about the
`
`17 same."
`
`18 Is it your understanding you're the
`
`19 designated witness on that topic?
`
`20 A. Yes.
`
`21 Q. Okay. Next topic 11, "The methods,
`
`22 manner and means by which you memorialize or
`
`23 document actual, planned or proposed changes to
`
`24 the accused instrumentalities, including the
`
`25 documents created for or during the process and
`
`22
`
`DAVID ERB, 30(b)(6) - VOLUME I
`
`
`
`Case 1:14-cv-02396-PGG-SN Document 241-3 Filed 11/12/20 Page 24 of 428
`
` 1 Erb - Confidential - Outside Counsel Only
`
` 2 the identity of the persons knowledgeable about
`
` 3 the process."
`
` 4 Is it your understanding you're the
`
` 5 designee also on topic 11?
`
` 6 A. Yes.
`
` 7 Q. And next, I have topic 13 on the next
`
` 8 page, "The method, manner and/or means by which
`
` 9 the accused instrumentalities extract features
`
`10 from media works including, without limitation,
`
`11 any digital fingerprints, vectors, wavelets or ID
`
`12 fields."
`
`13 Is it your understanding that you are
`
`14 the designee on that topic as well?
`
`15 A. Yes.
`
`16 Q. Next the topic 14, "Any algorithm or
`
`17 process relating to the accused instrumentalities,
`
`18 extraction of features from media files or works,
`
`19 including without limitation any digital
`
`20 fingerprints, vectors, wavelets or ID files."
`
`21 Is it your understanding that you're
`
`22 also the designee for that topic?
`
`23 A. Yes.
`
`24 Q. The next one I have is number 15, "The
`
`25 method, manner and/or means by which the accused
`
`23
`
`DAVID ERB, 30(b)(6) - VOLUME I
`
`
`
`Case 1:14-cv-02396-PGG-SN Document 241-3 Filed 11/12/20 Page 25 of 428
`
` 1 Erb - Confidential - Outside Counsel Only
`
` 2 instrumentalities identify or recognize uploaded
`
` 3 media files or works, including, but not limited
`
` 4 to, the method, manner and/or means by which the
`
` 5 accused instrumentalities compare referenced files
`
` 6 to uploaded media files or works."
`
` 7 Is it your understanding that you are
`
` 8 the designated witness on that topic?
`
` 9 A. Yes.
`
`10 Q. Next I have topic number --
`
`11 apologize -- 16, "Any algorithm or process
`
`12 relating to the accused instrumentalities'
`
`13 identification or recognition of uploaded media
`
`14 files or works, including but not limited to any
`
`15 algorithm or process relating to the accused
`
`16 instrumentalities' comparison or matching of
`
`17 reference files or works for uploaded files or
`
`18 works."
`
`19 Is it your understanding that you're
`
`20 the designated witness on that topic?
`
`21 A. Yes.
`
`22 Q. Next one I have is number 19, "The
`
`23 transcoding, fingerprint or ID file generation,
`
`24 content recognition/identification, claiming,
`
`25 usage policy application, blocking, tracking,
`
`24
`
`DAVID ERB, 30(b)(6) - VOLUME I
`
`
`
`Case 1:14-cv-02396-PGG-SN Document 241-3 Filed 11/12/20 Page 26 of 428
`
` 1 Erb - Confidential - Outside Counsel Only
`
` 2 monetizing, click-to-buy, promoting and
`
` 3 advertising functionalities of the accused
`
` 4 instrumentalities, including the design,
`
` 5 development and operation of such
`
` 6 functionalities."
`
` 7 Is it your understanding that you're
`
` 8 the designated witness on that topic?
`
` 9 A. Yes.
`
`10 MR. NEMEC: Sorry to interrupt, Brian,
`
`11 I just want to clarify that the portion of
`
`12 19 implicating "claiming, usage policy
`
`13 application, blocking, tracking, monetizing,
`
`14 click-to-buy, promoting and advertising," it
`
`15 was our intention to designate David
`
`16 Rosenstein.
`
`17 MR. LEDAHL: Okay.
`
`18 MR. NEMEC: Mr. Erb may have knowledge
`
`19 about those issues but the corporate
`
`20 designee on that aspect of topic 19 would be
`
`21 Mr. David Rosenstein.
`
`22 MR. LEDAHL: Okay, thank you for that
`
`23 clarification.
`
`24 MR. NEMEC: And I apologize if that
`
`25 wasn't communicated previously.
`
`25
`
`DAVID ERB, 30(b)(6) - VOLUME I
`
`
`
`Case 1:14-cv-02396-PGG-SN Document 241-3 Filed 11/12/20 Page 27 of 428
`
` 1 Erb - Confidential - Outside Counsel Only
`
` 2 MR. LEDAHL:
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