1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`SMARTFLASH LLC and )
`SMARTFLASH TECHNOLOGIES DOCKET NO. 6:13cv447
`LIMITED
`
`-vs- )
` Tyler, Texas
` ) 8:30 a.m.
`APPLE INC. February 19, 2015
`
` TRANSCRIPT OF TRIAL
`MORNING SESSION
`BEFORE THE HONORABLE RODNEY GILSTRAP,
`UNITED STATES DISTRICT JUDGE
`
`A P P E A R A N C E S
`
`FOR THE PLAINTIFFS:
`
`MR. BRADLEY W. CALDWELL
`MR. JASON D. CASSADY
`MR. JOHN AUSTIN CURRY
`CALDWELL CASSADY & CURRY
`2101 Cedar Springs Rd., Ste. 1000
`Dallas, Texas 75201
`
`MR. T. JOHN WARD, JR.
`WARD & SMITH LAW FIRM
`P.O. Box 1231
`Longview, Texas 75606
`
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`Apple Exhibit 1034
`Apple Inc. v. Smartflash LLC
`CBM2014-00106
`Page 00001
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`SMARTFLASH LLC and )
`SMARTFLASH TECHNOLOGIES DOCKET NO. 6:13cv447
`LIMITED
`
`-vs- )
` Tyler, Texas
` ) 8:30 a.m.
`APPLE INC. February 19, 2015
`
` TRANSCRIPT OF TRIAL
`MORNING SESSION
`BEFORE THE HONORABLE RODNEY GILSTRAP,
`UNITED STATES DISTRICT JUDGE
`
`A P P E A R A N C E S
`
`FOR THE PLAINTIFFS:
`
`MR. BRADLEY W. CALDWELL
`MR. JASON D. CASSADY
`MR. JOHN AUSTIN CURRY
`CALDWELL CASSADY & CURRY
`2101 Cedar Springs Rd., Ste. 1000
`Dallas, Texas 75201
`
`MR. T. JOHN WARD, JR.
`WARD & SMITH LAW FIRM
`P.O. Box 1231
`Longview, Texas 75606
`
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`
`Apple Exhibit 1034
`Apple Inc. v. Smartflash LLC
`CBM2014-00106
`Page 00001
`
`
`
`2
`
`FOR THE DEFENDANTS:
`
`MR. JAMES R. BATCHELDER
`ROPES & GRAY LLP
`1900 University Ave., 6th Floor
`East Palo Alto, California 94303-2284
`
`MS. CHING-LEE FUKUDA
`MR. KEVIN J. POST
`ROPES & GRAY LLP
`1211 Avenue of the Americas
`New York, New York 10036-8704
`
`MR. ERIC ALBRITTON
`ALBRITTON LAW FIRM
`P. O. Box 2649
`Longview, Texas 75606
`
`COURT REPORTERS: MS. SHELLY HOLMES, CSR, TCRR
` OFFICIAL COURT REPORTER
` shelly_holmes@txed.uscourts.gov
` MS. SHEA SLOAN, CSR, RPR
` OFFICIAL COURT REPORTER
` shea_sloan@txed.uscourts.gov
`
`Proceedings taken by Machine Stenotype; transcript was
`produced by a Computer.
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`Page 00002
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`
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`58
`
`THE WITNESS: Thank you, sir.
`THE COURT: Defendants, call your next witness.
`MR. BATCHELDER: Apple calls Dr. Anthony
`Wechselberger.
`THE COURT: All right.
`MS. FUKUDA: Your Honor, I apologize. Could we
`have permission to release Dr. Ligler?
`THE COURT: Is there objection from the Plaintiff?
`MR. CALDWELL: No objection, Your Honor.
`THE COURT: All right. You're released,
`Dr. Ligler.
`The new witness will come forward and be sworn by
`the Courtroom Deputy.
`(Witness sworn.)
`THE COURT: Please have a seat on the witness
`
`stand.
`ANTHONY WECHSELBERGER, DEFENDANT'S WITNESS, SWORN
`DIRECT EXAMINATION
`
`BY MR. BATCHELDER:
`Q.
`Good morning, sir.
`A.
`Good morning.
`Q.
`Would you please introduce yourself to the jury?
`A.
`Good morning. My name is Anthony Wechselberger.
`Q.
`And what do you do for a living, sir?
`A.
`I'm a technology consultant, and I provide system and
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`Page 00003
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`59
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`engineering services to the industry, and I assist in
`legal -- the legal community as I'm doing today.
`Most of my work -- technical work revolves around
`systems and equipment that distributes multimedia
`information, and I've been doing this kind of work for about
`35 years.
`Q.
`What do you do when you're not working?
`A.
`Well, I'm married. And between my wife and myself, we
`have 6 kids and 12 grandkids; and that keeps us pretty busy.
`We live in Southern California. We like the outdoors.
`Nancy and I spend a lot of time in the deserts and mountains
`out there.
`Q.
`Why are you here today, sir?
`A.
`I've been asked to provide opinions on the issues of
`infringement; that is, whether or not the accused products
`infringe the Smartflash patents.
`I've also been asked to provide my opinions on the
`validity of the asserted patent.
`Q.
`What did you study in school?
`A.
`I have a Bachelor of Science degree in electrical
`engineering from the University of Arizona. That's 1974.
`I have a Master's degree in electrical engineering conferred
`by the San Diego State University, 1979.
`I'm also a graduate of the executive program for
`scientists and engineers. That's conferred from the
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`Page 00004
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`
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`60
`
`University of California at San Diego. That was 1984.
`Q.
`And even outside of school, what work have you done
`related to the technologies involved in this case?
`A.
`For virtually all of my professional career, I've been
`involved in communications systems. Through the decade of
`the '80s and '90s, I was executive vice president and chief
`technology officer at a couple of companies that produced
`systems and equipment for television broadcasting
`applications, cable TV, and satellite broadcasting
`applications.
`When I started my consulting company in 1999 and worked
`for myself, I continued in that area and expanding into areas
`of all kinds of multimedia distribution, including newer
`technologies, such as those use in the Internet and wireless
`spaces.
`Q.
`All right, sir. And have you given talks and
`presentations in this space, publications?
`A.
`Yes. Many panel presentations. I've authored magazine
`articles, approximately 30 over the years.
`Q.
`Do you have any patents in this area?
`A.
`Yes. I'm the named inventor on two patents, both of
`which have to do with the control and management of
`information and communications systems, mostly entertainment
`types of information.
`Q.
`And what types of engineering work do you do?
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`Page 00005
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`
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`61
`
`In the industry, I -- most of my clients are clients
`A.
`that are involved in distributing content. Those clients
`would be rights owners or content owners, such as networks or
`studios.
`And those networks typically would tend to connect
`content providers with content consumers, such as people or
`industrial applications.
`For example, for the past -- more than a decade, I've
`been involved with the six Hollywood studios, the six
`Hollywood studios. I'm under contract to them currently,
`still am, as their chief securities systems architect for
`their digital cinema initiative.
`And this is the transition from 35-millimeter film to
`digital files for theatrical distribution. In that capacity,
`I'm responsible for their DRM or security infrastructure in
`that system, and I represent them at the -- at the SMPTE,
`Society of Motion Picture and Television Engineers, where I
`am the -- I guess you could call it the chief evangelist for
`global system specification for digital cinema.
`Q.
`And so by content, you're referring to stuff like
`movies, music, that sort of thing?
`A.
`Yes. Virtually any kind of information that can be
`represented digitally: Songs, books, movies, television
`shows.
`Q.
`And what kind of legal consulting do you do?
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`Page 00006
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`62
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`A.
`
`That falls into two buckets.
`One bucket would be providing expert witness services,
`such as I'm doing here today.
`The other bucket has me come in as a technologist and
`basically a teacher to help folks understand the technology
`of a patent or whatever is at issue.
`Q.
`And have you served before as an expert witness in the
`areas of content distribution and protection?
`A.
`Yes. I've given oral testimony approximately a dozen
`times in depositions or at trial. And in terms of formal
`submitted expert reports, about twice that many.
`MR. BATCHELDER: Your Honor, I'd like to offer
`Mr. Wechselberger as an expert in the area of digital content
`distribution and protection.
`THE COURT: Is there objection?
`MR. CALDWELL: No, Your Honor.
`THE COURT: Mr. Wechselberger will be acknowledged
`by the Court as an expert in those fields.
`Proceed.
`(By Mr. Batchelder) Have you prepared slides explaining
`Q.
`your analysis and conclusions, sir?
`A.
`Yes, I have.
`Q.
`All right. Can you summarize your opinions in this
`case, please?
`A.
`Yes.
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`Page 00007
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`118
`
`consistent path.
`And I'm going to direct both counsel and the
`witness for future references to these prior art references,
`to follow my instruction accurately and refer to them by both
`inventor name, slash, assignee.
`MR. CALDWELL: Understood, Your Honor. Thank you.
`THE COURT: All right. We stand in recess for
`
`lunch.
`
`
`
`COURT SECURITY OFFICER: All rise.
`(Lunch recess.)
`CERTIFICATION
`
`I HEREBY CERTIFY that the foregoing is a true
`and correct transcript from the stenographic notes of the
`proceedings in the above-entitled matter to the best of our
`abilities.
`
`/s/______________________
`SHEA SLOAN, CSR, RPR February 19, 2015
`Official Court Reporter
`State of Texas No.: 3081
`Expiration Date: 12/31/16
`
`
`/s/___________________
`SHELLY HOLMES, CSR, TCRR
`Deputy Official Court Reporter
`State of Texas No.: 7804
`Expiration Date 12/31/16
`
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`Page 00008
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`
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