`
`1
`
`2
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`9
`10
`
`11
`
`12
`
`13
`
`14
`15
`
`16
`
`17
`
`18
`
`19
`20
`21
`
`22
`
`23
`
`24
`25
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`* Civil Docket No.
`VERSATA SOFTWARE, INC.
`* 2:07-CV-153
`* Marshall, Texas
`
`vs.
`
`*
`* August 24, 2009
`* 8:30A.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. SCOTT 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
`
`APPEARANCES CONTINUED ON NEXT PAGE:
`
`MS. SUSAN SIMMONS, CSR
`COURT REPORTERS:
`MS. JUDITH WERLINGER, CSR
`Official Court Reporters
`100 East Houston, Suite 125
`Marshall, TX 75670
`903/935-3868
`(Proceedings recorded by mechanical stenography,
`transcript produced on CAT system.)
`
`VERSATA EXHIBIT 2064
`SAP v. VERSATA
`CASE CBM2012-00001
`
`VERSATA v. SAP
`
`Unsigned
`
`Page 1
`
`
`
`Trial: Day 05 Vol. A Neumann direct, cross, re-direct, re-cross, Boyd Direct 8/24/2009 12:00:00 PM
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`all right?
`
`A. Please. Sure.
`
`Q. Okay.
`
`MR. BATCHELDER: Would you please put up
`
`942, Mr. Sparks?
`
`Q. (By Mr. Batchelder) So this is -- why did you
`
`title this Elimination of Irrelevant Data Before
`
`Retrieval?
`
`A Well, this is --this kind of has to do with
`
`1 0
`
`kind of an architectural and philosophical difference
`
`11
`
`between the Trilogy systems and the SAP systems.
`
`12
`
`Again, SAP kind of breaks things down and
`
`13
`
`limits it to one book in each particular case, and it
`
`14
`
`goes through this. Kind of-- and that's-- it's--
`
`15
`
`really gets rid of a lot of stuff so you can just focus
`
`16
`
`on the particular step you're doing.
`
`17
`
`Trilogy's architecture and philosophy is to
`
`18
`
`kind of throw everything into one basket and look at it
`
`19
`
`all together. And those lead to some strikingly
`
`20
`
`different architectural design issues when you put
`
`21
`
`together a system.
`
`22
`
`Q. All right. So let me put it in even simpler
`
`23
`
`terms.
`
`24
`
`25
`
`A Okay.
`
`Q.
`
`In the Trilogy system, where's the heavy
`
`VERSATA v. SAP
`
`Unsigned
`
`Page 140
`
`
`
`Trial: Day 05 Vol. A Neumann direct, cross, re-direct, re-cross, Boyd Direct 8/24/2009 12:00:00 PM
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`lifting done? Is it before the data's retrieved or
`
`after?
`
`A. After the data's retrieved, because it pulls
`
`up a bunch of data; then it does the hard work.
`
`Q. Okay. So it grabs a bunch of stuff, and then
`
`it has to do some hard work to sort it out and work it
`
`through?
`
`A. Yeah. That was actually Dr. Nettles' fishnet.
`
`Q. Okay. And what about with SAP? Same or
`
`1 0
`
`different?
`
`11
`
`A. No, it's very different. It doesn't throw
`
`12
`
`everything together and then work on it; it puts it in
`
`13
`
`binders and takes it step by step.
`
`14
`
`Q. So this heavy lifting is being done before
`
`15
`
`data retrieval?
`
`16
`
`17
`
`A. Correct.
`
`Q. Now, do you understand Dr. Nettles has
`
`18
`
`testified that the claims require retrieving all
`
`19
`
`applicable pricing adjustments?
`
`20
`
`21
`
`22
`
`23
`
`A. Yes.
`
`Q. Okay. And you agree with that?
`
`A. Yes.
`
`Q. And Dr. Nettles pointed to the hierarchy
`
`24
`
`access feature as accomplishing that piece of the
`
`25
`
`claims, right?
`
`VERSATA v. SAP
`
`Unsigned
`
`Page 141
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
