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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`VERSATA SOFTWARE, INC.
`* Civil Docket No.
`* 2:07-CV-153
`* Marshall, Texas
`
`VS.
`
`*
`* August 24, 2009
`* 1:15 P.M.
`SAP AMERICA INC., ET AL
`
`TRANSCRIPT OF TRIAL
`BEFORE THE HONORABLE CHAD EVERINGHAM
`UNITED STATES MAGISTRATE JUDGE
`ANDAJURY
`APPEARANCES:
`FOR THE PLAINTIFFS: MR. SAM BAXTER
`McKooi-Smith
`104 East Houston, Suite 300
`Marshall, TX 75670
`
`MR. THEODORE STEVENSON, Ill
`McKooi-Smith
`300 Crescent Court, Suite 1500
`Dallas, TX 75201
`MR. SCOTI COLE
`MR. STEVEN J. POLLINGER
`MS. LAURIE L. GALLUN
`MR. JOSH W. BUDWIN
`MR. KEVIN M. KNEUPPER
`McKooi-Smith
`300 West 6th Street, Suite 1700
`Austin, TX 787011
`
`19
`20 APPEARANCES CONTINUED ON NEXT PAGE:
`21
`
`COURT REPORTERS:
`MS. SUSAN SIMMONS, CSR
`MS. JUDITH WERLINGER, CSR
`Official Court Reporters
`100 East Houston, Suite 125
`Marshall, TX 75670
`903/935-3868
`(Proceedings recorded by mechanical stenography,
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`VERSATA EXHIBIT 2063
`SAP v. VERSATA
`CASE CBM2012-00001
`
`VERSATA v. SAP
`
`Unsigned
`
`Page 1
`
`
`
`•ay 05 Vol. B Boyd Direct cont., Cross, Redirect, Recross, Nieswand Direct, Cross 8/24/2009 1:00:00 PM
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`A. Claim 26 -- Claim 26 which references
`
`Claim 17.
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`Q. Okay. And you made this one red, because
`
`that's the one you --
`
`A. That's the one that's under consideration.
`
`Q. Okay. So here's the language from 17. You've
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`got to take all the retrieved information and there must
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`be sorting according to pricing types.
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`Can you remind the jury with the notebooks in
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`front of you what a pricing type is?
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`A. That's right. Again, these were condition
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`types where these silos are, and in the context of
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`pricing, we all agreed that these are pricing types,
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`these silos.
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`Q. And, Dr. Boyd, in your opinion, do the accused
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`products sort according to pricing type?
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`A. According to pricing type, no.
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`They sort within one of these silos. They
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`don't sort across the silos, so they can't sort
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`according to pricing type.
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`Q. So after the data is retrieved, the sorting
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`A. Yes. Yes.
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`For example, yeah, within this stack,
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`hierarchical access could do sorting within that stack.
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`VERSATA v. SAP
`
`Unsigned
`
`Page 6
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`
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`•ay 05 Vol. B Boyd Direct cont., Cross, Redirect, Recross, Nieswand Direct, Cross 8/24/2009 1 :00:00 PM
`a. Uh-huh.
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`A. But it doesn't have access. It doesn't use
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`any of the information in the other piles to do the
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`sorting.
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`a. I see. So it pulls all the discounts. It's
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`sorting only those things?
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`A. Yes. Only the discounts or only the base
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`price or only the taxes.
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`a. And if it's pulling just discounts and sorting
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`only those, does it have to sort according to whether
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`within that stack of discounts something is a tax or a
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`freight or a base price?
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`A. No. They're all discounts within that pile.
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`a. Okay.
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`A. It's the discount pile.
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`a. And did Trilogy's patent use a different
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`system?
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`A.
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`ltdid.
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`a. How so?
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`A. Well, as Dr. Nettles referred to with his
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`fishing net exam-- example, they kind of scoop up
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`everything, all of the different stuff. And, again,
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`this goes back to the whole architecture of the system.
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`They scoop it up and then do the sorting across all of
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`this stuff at the same time.
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`VERSATAv. SAP
`
`Unsigned
`
`Page 7
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`
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`•ay 05 Vol. B Boyd Direct cont., Cross, Redirect, Recross, Nieswand Direct, Cross 8/24/2009 1:00:00 PM
`a. So they scoop up a pile of discounts and
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`rebates and freights and base prices, then they have to
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`tease those apart and put them into the stacks?
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`A. Right. That's just the architecture. That's
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`the way they chose to build the system.
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`a.
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`In the SAP system, the stacks exist before
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`retrieval?
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`A. Just like this, just like we talked about.
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`a. So as an expert in this field, this
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`requirement of sorting by pricing types, is that done by
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`the accused products?
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`A. No.
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`a.
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`Is it done by customers that use the accused
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`products?
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`A. There's no evidence of that effect. Actually,
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`they can't. Sorry.
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`MR. BATCHELDER: Let's look at Slide 977,
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`please.
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`a. (By Mr. Batchelder) This is your overview of
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`opinion slide. We've gone through your non-infringement
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`opinions, denormalized numbers, retrieval, sorting of
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`both flavors.
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`A. Uh-huh.
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`a. Now, we're getting to this last one, the
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`asserted claims are invalid for failure to disclose the
`
`VERSATA v. SAP
`
`Unsigned
`
`Page 8
`
`
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