189
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
`________________________
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________________
`SAMSUNG ELECTRONICS AMERICA, INC. and
`SAMSUNG ELECTRONICS CO., LTD.,
`Petitioner,
`v.
`SMARTFLASH LLC,
`Patent Owner.
`________________________
`Case CBM2014-00190
`Patent 7,334,720 B2
`--------------------------------------------------
` UNITED STATES PATENT AND TRADEMARK OFFICE
`________________________
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________________
`SAMSUNG ELECTRONICS AMERICA, INC. and
`SAMSUNG ELECTRONICS CO., LTD.,
`Petitioner,
`v.
`SMARTFLASH LLC,
`Patent Owner.
`________________________
`Case CBM2014-00192
`Patent 8,033,458 B2
`CONFIDENTIAL PORTION OF THE
` CONTINUED ORAL AND VIDEOTAPED DEPOSITION OF
`JEFFREY ADAM BLOOM, PH.D.
`Washington, D.C.
`Wednesday, May 20, 2015
`9:10 a.m.
`
`Reported by:
`Cindy L. Sebo
`Job No: 39249-Conf
`
`Smartflash - Exhibit 2057
`Samsung v. Smartflash
`CBM2014-00190
`
`
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
`________________________
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________________
`SAMSUNG ELECTRONICS AMERICA, INC. and
`SAMSUNG ELECTRONICS CO., LTD.,
`Petitioner,
`v.
`SMARTFLASH LLC,
`Patent Owner.
`________________________
`Case CBM2014-00190
`Patent 7,334,720 B2
`--------------------------------------------------
` UNITED STATES PATENT AND TRADEMARK OFFICE
`________________________
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________________
`SAMSUNG ELECTRONICS AMERICA, INC. and
`SAMSUNG ELECTRONICS CO., LTD.,
`Petitioner,
`v.
`SMARTFLASH LLC,
`Patent Owner.
`________________________
`Case CBM2014-00192
`Patent 8,033,458 B2
`CONFIDENTIAL PORTION OF THE
` CONTINUED ORAL AND VIDEOTAPED DEPOSITION OF
`JEFFREY ADAM BLOOM, PH.D.
`Washington, D.C.
`Wednesday, May 20, 2015
`9:10 a.m.
`
`Reported by:
`Cindy L. Sebo
`Job No: 39249-Conf
`
`Smartflash - Exhibit 2057
`Samsung v. Smartflash
`CBM2014-00190
`
`
`
`JEFFREY ADAM BLOOM, PH.D. - CONFIDENTIAL
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` UNITED STATES PATENT AND TRADEMARK OFFICE
` ________________________
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
` ________________________
` SAMSUNG ELECTRONICS AMERICA, INC. and
` SAMSUNG ELECTRONICS CO., LTD.,
` Petitioner,
` v.
` SMARTFLASH LLC,
` Patent Owner.
` ________________________
` Case CBM2014-00193
` Patent 8,061,598 B2
`--------------------------------------------------
` ----
` UNITED STATES PATENT AND TRADEMARK OFFICE
` ________________________
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
` ________________________
` SAMSUNG ELECTRONICS AMERICA, INC. and
` SAMSUNG ELECTRONICS CO., LTD.,
` Petitioner,
` v.
` SMARTFLASH LLC,
` Patent Owner.
` ________________________
` Case CBM2014-00194
` Patent 8,118,221 B2
`
`DAVID FELDMAN WORLDWIDE, INC.
`450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
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` UNITED STATES PATENT AND TRADEMARK OFFICE
` ________________________
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
` ________________________
` SAMSUNG ELECTRONICS AMERICA, INC. and
` SAMSUNG ELECTRONICS CO., LTD.,
` Petitioner,
` v.
` SMARTFLASH LLC,
` Patent Owner.
` ________________________
` Case CBM2014-00199
` Patent 8,118,221 B2
`--------------------------------------------------
` ----
`
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`DAVID FELDMAN WORLDWIDE, INC.
`450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
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`JEFFREY ADAM BLOOM, PH.D. - CONFIDENTIAL
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`192
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` Jeffrey Adam Bloom, Ph.D.
` May 20, 2015
` 9:10 a.m.
`
` Confidential Portion of Continued Oral and
` Videotaped Deposition of JEFFREY ADAM
` BLOOM, PH.D., held at the law offices of
` Fish & Richardson, 1425 K Street,
` Northwest, 11th Floor, Washington, D.C.
` 20005, pursuant to Notice before Cindy L.
` Sebo, Registered Merit Reporter, Certified
` Real-Time Reporter, Registered Professional
` Reporter, Certified Shorthand Reporter,
` Certified Court Reporter, Certified
` LiveNote Reporter, Real-Time Systems
` Administrator and Notary Public in and
` for District of Columbia.
`
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` the record.
`BY MR. CASEY:
` Q. Dr. Bloom, do you still have --
` A. Go ahead.
` Q. -- do you still have a copy of Ginter?
` A. Yes.
` Q. Would you get that for me, please?
` Could you look at Figure 5B, please?
` Do you have it?
` A. Yes.
` Q. Yes.
` Okay. So Figure 5B doesn't show
`transmitting payment validation data anywhere,
`correct?
` A. Correct.
` Q. And if you'll turn to Column 56, Lines 1
`to 6 --
` A. Okay.
` Q. -- Column 56.
` Are you there?
` A. Yep.
` Q. So that section talks about operations
`of a clearinghouse 116.
` Do you see that?
` A. Yes.
`
`DAVID FELDMAN WORLDWIDE, INC.
`450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
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` Q. That section doesn't explicitly describe
`what reports are provided by the clearinghouse to
`the creator, correct?
` A. That's correct.
` Q. And the disclosure providing payments to
`a creator does not inherently involve the
`transmission of an administrative response object,
`correct?
` A. Can you --
` Q. Sorry. I'll rephrase the question.
` The disclosure of Column 56, Lines 1
`to 6 does not inherently disclose the transmission
`of an administrative response object or any
`portion thereof between a clearinghouse and a data
`supplier, correct?
` A. It doesn't explicitly say that.
` Q. My question to you was whether or not it
`inherently discloses the transmission of an
`administrative response object or any portion
`thereof between a clearinghouse and a data
`supplier.
` A. So there's a distinction between
`"inherently" and "explicitly"? Could you help --
`tell me?
` Q. Sure.
`
`DAVID FELDMAN WORLDWIDE, INC.
`450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
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` So -- actually, let me -- do you
`have an understanding of what "inherently
`disclosing" means?
` A. No.
` Is that a legal term?
` Q. It can be. It can be.
` Did you have, when you drafted your
`declarations, a distinction in your mind between
`"inherently" and "explicitly"?
` (Whereupon, the witness reviews the
` material provided.)
` THE WITNESS: The English use of those
` words is subtly different. And I'm aware
` that they don't mean the same thing.
`BY MR. CASEY:
` Q. And so what definition, if any, did you
`use for "inherently disclosed" when you drafted
`your declaration relating to the Ginter patent in
`CBM2014-00199?
` A. Can you direct me to a paragraph that
`we're talking about?
` Q. I'm just asking for what you used.
` A. I'll try to find it myself, then.
` (Whereupon, the witness reviews the
` material provided.)
`
`DAVID FELDMAN WORLDWIDE, INC.
`450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
`
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` THE WITNESS: I don't know if I used
` the word "inherent" in my declaration
` describing Ginter related to '221.
`BY MR. CASEY:
` Q. Dr. Bloom --
` A. Yes.
` Q. -- Paragraph 107.
` (Whereupon, the witness reviews the
` material provided.)
` THE WITNESS: Yes.
`BY MR. CASEY:
` Q. So, in your mind, when you drafted the
`declaration for the '221 patent, did you use a
`standard for "explicitly" or "inherently"?
` A. Perhaps both.
` Q. So I believe you answered a question
`about whether or not Column 56, Lines 1 to 6
`explicitly doesn't state -- sorry. Strike that.
` I believe you -- you testified that
`Column 56, Lines 1 to 6 does not explicitly
`disclose the transmission of an administrative
`response object or any portion therefore
`between a clearinghouse and a data supplier,
`correct?
` A. Correct.
`
`DAVID FELDMAN WORLDWIDE, INC.
`450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
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` Q. And you said that it does not explicitly
`disclose that, correct?
` A. Correct.
` Q. It doesn't inherently disclose that
`either, does it?
` A. No.
` Q. If I could ask you to turn to Column 41,
`Line 7 to 12.
` That section doesn't disclose,
`either implicitly or explicitly, the transmission
`of an administrative response object between a
`clearinghouse and a data supplier, correct?
` A. Correct.
` Q. And neither of those citations,
`Column 56, Lines 1 to 6, and Column 41, Lines 7 to
`12, explicitly or implicitly disclose the
`transmission of an administrative response object
`between a clearinghouse and a destination received
`from the data supplier, correct?
` A. Correct.
` Q. If I could ask you to turn to
`Column 190, Lines 45 to 57.
` That section does not explicitly or
`implicitly disclose transmitting an administrative
`response object or any portion thereof between a
`
`DAVID FELDMAN WORLDWIDE, INC.
`450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
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`clearinghouse and a destination received from the
`data supplier or the data supplier itself,
`correct?
` A. Forty-five to 57? Is that what you
`said?
` Q. Yes, please.
` (Whereupon, the witness reviews the
` material provided.)
` THE WITNESS: That's correct.
`BY MR. CASEY:
` Q. If I could ask you to also turn to
`Column 230, please, Lines 20 to 42.
` (Whereupon, the witness reviews the
` material provided.)
` THE WITNESS: Okay.
`BY MR. CASEY:
` Q. That section does not disclose the
`transmission of an administrative response object
`or any portion of the administrative response
`object between a clearinghouse and either the data
`supplier -- either a data supplier or a
`destination received from a data supplier,
`correct?
` A. Correct.
` Q. If I could ask you to turn to
`
`DAVID FELDMAN WORLDWIDE, INC.
`450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
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`Paragraph 59 of your declaration in the '221 -- of
`the '221 patent for CBM2014-00199. It's the one
`we were talking about for Ginter.
` Do you still have that?
` A. Um-hum.
` Q. Paragraph 59 talks about payment
`validation data. And in Paragraph 59, you cite to
`an administrative response object containing
`payment validation data resulting from the
`analysis.
` Do you see that?
` A. Hold on.
` Yes.
` Q. So, in your report, you assert that the
`payment validation data that is received by the
`wireless interface is the administrative response
`object, correct?
` A. The administrative response object
`contains payment validation data.
` Q. Do you disclose what portion of the
`administrative response object corresponds to the
`payment validation data?
` Let me phrase it differently.
` Do you disclose which field or
`fields of the administrative response object
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`DAVID FELDMAN WORLDWIDE, INC.
`450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
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`corresponds to the payment validation data?
` A. I don't.
` Q. I asked you earlier whether or not
`Column 41, Line 7 to 12 disclosed transmitting a
`portion of an administrative object.
` Do you remember me asking about
`that?
` A. Yes.
` Q. Does Column 41, Lines 7 to 12 disclose
`sending a portion of the payment validation data
`previously received in an administrative response
`object either explicitly or implicitly?
` A. That section discloses exchanging
`information related to a transaction with a
`merchant or a clearinghouse and transaction
`information flowing back to the card.
` Q. Are you done?
` A. So if I haven't answered the question,
`could you restate the question?
` Q. Does Column 41, Line 7 to 12 disclose
`sending a portion of the payment validation data
`previously received in an administrative response
`object either explicitly or implicitly?
` (Whereupon, the witness reviews the
` material provided.)
`
`DAVID FELDMAN WORLDWIDE, INC.
`450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
`
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` THE WITNESS: I think it does.
` MR. CASEY: Can we go off the record?
` We need to change the tape.
` THE VIDEOGRAPHER: This concludes
` Disc Number 1. 11:39 a.m. Going off the
` record.
` - - -
` (Whereupon, a discussion was held
` off the record.)
` - - -
` THE VIDEOGRAPHER: Here begins
` Disc Number 2 in the deposition of
` Dr. Jeffrey A. Bloom. 11:42 a.m. Back on
` the record.
`BY MR. CASEY:
` Q. Dr. Bloom, does Column 41, Lines 7 to 12
`explicitly disclose sending a portion of the
`payment validation data previously received in an
`administrative response object to a data supplier
`or a destination received from a data supplier?
` A. No.
` Q. Did you disclose in Paragraph 86 of your
`declaration why you believe, if you do, that
`Column 41, Lines 7 to 12 inherently discloses
`sending a portion of the payment validation data
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`DAVID FELDMAN WORLDWIDE, INC.
`450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
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`previously received in an administrative response
`object to a data supplier or a destination
`received from a data supplier?
` A. I didn't state that in the declaration.
` Q. Do you believe that Column 56, Lines 1
`through 6 explicitly discloses sending a portion
`of the payment validation data previously received
`in an administrative response object from a
`clearinghouse to a data supplier or a destination
`received from a data supplier?
` A. So could you repeat the question?
` Q. Do you believe that Column 56, Lines 1
`through 6 explicitly disclose -- discloses sending
`a portion of the payment validation data
`previously received in an administrative response
`object from a clearinghouse to a data supplier or
`a destination received from a data supplier?
` A. No.
` Q. Do you believe that Column 56, Lines 1
`through 6 explicitly discloses sending from a
`clearinghouse to a data supplier or a destination
`received from a data supplier a portion of payment
`validation data previously received in an
`administrative response object?
` A. No.
`
`DAVID FELDMAN WORLDWIDE, INC.
`450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
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` Q. If you'll turn to Column 63, Lines 34 to
`41.
` Do you believe that Column 63,
`Lines 34 to 41 explicitly discloses sending from a
`clearinghouse to a data supplier or a destination
`received from a data supplier a portion of payment
`validation data previously received in an
`administrative response object?
` MR. ROZYLOWICZ: Sorry. Can you
` rephrase the question? Because you first
` made reference to Column 64 and then made
` reference to Column 63.
` MR. CASEY: Sure. Thank you. Strike
` that -- strike it.
`BY MR. CASEY:
` Q. Do you believe that Column 63, Lines 34
`to 41 explicitly discloses sending from a
`clearinghouse to a data supplier or a destination
`received from a data supplier a portion of payment
`validation data previously received in an
`administrative response object?
` A. No.
` Q. If you could look at the paragraph
`crossing 224 and 225.
` So 224, starting at Line 66, do you
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`DAVID FELDMAN WORLDWIDE, INC.
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`believe that that section discloses sending from
`an electronic appliance to an external object
`repository a portion of payment validation data
`previously received in an administrative response
`object?
` (Whereupon, the witness reviews the
` material provided.)
` THE WITNESS: So you were asking if it
` explicitly discloses that?
`BY MR. CASEY:
` Q. Yes, please.
` A. No, it does not.
` Q. Turning to Column 63, Lines 34 to 41.
` Do you believe that Column 63 --
`sorry. I already asked you that.
` So it's cited twice. You got off
`lucky.
` (Laughter.)
`BY MR. CASEY:
` Q. In Paragraph 86 of your declaration, you
`state that The electronics -- electronic appliance
`600 may, for example, transmit a portion of the
`payment validation data to the external object
`repository.
` Do you see that?
`
`DAVID FELDMAN WORLDWIDE, INC.
`450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
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` A. Yes.
` Q. Do you disclose what portion of the
`payment validation data is to be transmitted to
`the external object repository from the electronic
`appliance 600 in your discussion in Paragraph 86?
` A. No.
` Q. In your discussion in Paragraph 86, you
`say that The CPU 654 and/or SPU 500 may further
`implement code to transmit -- transmit at least a
`portion of the payment validation data.
` Do you see that?
` A. Yes.
` Q. Do you describe which portion of the
`payment validation data is transmitted?
` A. No.
` Q. In Paragraph 59 of your declaration, the
`last sentence before the last citation, it says,
`The payment validation system then replies with an
`administrative response object containing payment
`validation data resulting from the analysis.
` Do you see that?
` A. Not yet.
` Hold on.
` (Pause.)
`
`DAVID FELDMAN WORLDWIDE, INC.
`450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
`
`
`
`JEFFREY ADAM BLOOM, PH.D. - CONFIDENTIAL
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`BY MR. CASEY:
` Q. It's --
` A. I found it --
` Q. -- Paragraph 59.
` A. -- I've found Paragraph 59.
` Q. The last sentence before the -- so the
`second-to-last sentence, if you don't count the
`citation as a sentence -- or if you do count the
`citation as a sentence, there's a sentence that
`begins, The payment validation system.
` Do you see that?
` A. Um-hum, yes.
` Q. Okay. So in the penultimate sentence of
`Paragraph 59, you assert that The payment
`validation system then replies with an
`administrative response object containing payment
`validation data.
` Do you see that?
` A. Yes.
` Q. Do you disclose what portion of the
`administrative response object contains the
`payment validation data?
` A. No.
` Q. In Paragraph 60 of your declaration, you
`say, Responsive to the payment validation data --
`
`DAVID FELDMAN WORLDWIDE, INC.
`450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
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`and then, in parentheses -- for example, the
`administrative response object received from the
`clearinghouse.
` In Paragraph 60, are you equating
`the payment validation data to the administrative
`response object?
` A. Yes, in that example.
` Q. In the middle of the paragraph, there's
`a sentence that says, In more detail, when
`selected items of multimedia content are remotely
`available, PEA 2600 may, in response to an
`administrative object received from the
`clearinghouse, retrieve the selected items from
`the -- from an object repository.
` Do you see that?
` A. Yes.
` Q. Paragraph 60 does not disclose what
`portion of the administrative object received from
`the clearinghouse causes the selected items to be
`retrieved from an object repository, does it?
` A. It doesn't.
` Q. Paragraph 60 also doesn't tell you what
`kind of administrative object is used to retrieve
`the selected item from an object repository,
`correct?
`
`DAVID FELDMAN WORLDWIDE, INC.
`450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
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`JEFFREY ADAM BLOOM, PH.D. - CONFIDENTIAL
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` A. Correct.
` Q. In Paragraph 80 of your declaration, you
`state that The payment validation system may
`process the forwarded payment data to determine
`its validity and may, as a result of the analysis,
`formulate payment validation data (creating, for
`example, admin- -- an administrative response
`object).
` Do you see that?
` A. Yes.
` Q. Paragraph 80 doesn't describe what
`portion of an administrative response object
`contains the payment validation data, right?
` A. Right.
` Q. It doesn't, for example, tell you what
`field it's stored in, right?
` A. Right.
` Q. It doesn't tell you the content of the
`payment validation data, right?
` A. Right.
` Q. If you'd look at Paragraph 82 of your
`declaration, please.
` It says, CPU 654 and/or SPU 500 may
`implement code to, responsive to the payment
`validation data received from the payment
`
`DAVID FELDMAN WORLDWIDE, INC.
`450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
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`validation system, retrieve data.
` Do you see that?
` A. Yes.
` Q. Paragraph 82 doesn't describe where the
`payment validation data came from, does it?
` A. No.
` Q. It also doesn't describe the contents of
`the payment validation data, correct?
` A. Correct.
` Q. Paragraph 83 of your declaration
`describes an electronic appliance 600 that may, in
`response to payment validation data received from
`the payment validation system, write the retrieved
`data into a coupled PEA's memory.
` Do you see that?
` A. Yes.
` Q. It doesn't describe where the payment
`validation data came from, does it?
` A. No, it doesn't.
` Q. It doesn't describe the contents of the
`payment validation data, does it?
` A. No, it doesn't.
` Q. It also doesn't describe what portion of
`the payment validation data is used to formulate
`the response that causes the retrieved data item
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`DAVID FELDMAN WORLDWIDE, INC.
`450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
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`JEFFREY ADAM BLOOM, PH.D. - CONFIDENTIAL
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`to be written into the coupled PEA's memory,
`correct?
` A. Correct.
` Q. Looking at Column 289, Line 67, to
`Column 290, Line 2.
` That section of Ginter does not
`disclose explicitly writing a retrieved data item
`into a VDE's memory in response to payment
`validation data that was received that was part of
`an administrative response object, correct?
` A. Can you repeat the question?
` Q. I'll try.
` Looking at Column 289, Line 67, to
`Column 290, Line 2, that section in Ginter does
`not disclose explicitly writing a retrieved data
`item into a VDE's memory in response to payment
`validation data that was received where the
`payment validation data was part of an
`administrative response object, correct?
` A. Correct.
` MR. CASEY: Instead of starting a new
` subject, why don't we break for lunch and
` come back in 45 minutes, an hour?
` MR. PHILLIPS: That sounds good.
` THE VIDEOGRAPHER: 12:06 p.m. Going
`
`DAVID FELDMAN WORLDWIDE, INC.
`450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
`
`
`
`JEFFREY ADAM BLOOM, PH.D. - CONFIDENTIAL
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` off the record.
` (Whereupon, at 12:06 p.m., a
` luncheon recess was taken.)
`
`DAVID FELDMAN WORLDWIDE, INC.
`450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
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` A F T E R N O O N S E S S I O N
` (1:12 p.m.)
` - - -
` J E F F R E Y A D A M B L O O M, P H. D.,
` was called for continued examination and,
` after having been previously duly sworn, was
` examined and testified further as follows:
` - - -
` THE VIDEOGRAPHER: 1:12 p.m. Back on
` the record.
` - - -
` EXAMINATION (CONTINUED)
` BY COUNSEL FOR PATENT OWNER
` - - -
`BY MR. CASEY:
` Q. Dr. Bloom, do you know how you were
`chosen to be an expert in this case?
` A. No.
` Q. Who were you contacted by first to be an
`expert in this case?
` A. A company called -- the initials are
`IMS.
` Q. Igloo, Mike, Sam? I-M-S?
` A. Yeah, IMS, yeah.
` Q. And IMS didn't tell you where they got
`
`DAVID FELDMAN WORLDWIDE, INC.
`450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
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`JEFFREY ADAM BLOOM, PH.D. - CONFIDENTIAL
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`your name?
` A. No.
` Q. Have you ever had any other actions with
`IMS?
` A. They've sent me other cases and asked if
`I was interested or qualified -- and qualified.
` Q. So you don't know if IMS was proposed
`your name by a particular third party?
` A. I -- I don't know.
` In other times when they've
`contacted me, they said they found my profile on
`LinkedIn.
` Q. Was this the first time that you were
`contacted by IMS?
` A. No.
` Q. Have you ever been retained by IMS
`before?
` A. No.
` Q. What made you decide to accept this
`offer?
` A. They picked me. In previous offers,
`I've sent in my -- my CV and -- and was never
`asked to participate.
` Q. Do you know -- sorry. Strike that.
` Have you only been retained to give
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`DAVID FELDMAN WORLDWIDE, INC.
`450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
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`your opinion on the Smartflash patents by
`Samsung -- by the Samsung entities that are
`involved in CBM2014-00190, -192, -193, -194 and
`-199?
` MR. PHILLIPS: Objection: relevance;
` scope.
` THE WITNESS: So repeat the question.
`BY MR. CASEY:
` Q. Have you only been retained to give your
`opinion on the Smartflash patents by Samsung
`entities?
` A. Yes.
` Q. You haven't been retained also to give
`your opinion based -- sorry -- by Apple
`Incorporated?
` A. No.
` Q. Are you aware that Apple Incorporated
`has submitted a request for an additional CBM
`based on your earlier declarations?
` A. Yes.
` Q. And you're not going to be paid by Apple
`in the other CBMs should they be instituted?
` A. I don't -- I don't -- I don't know. I
`haven't been informed of any additional payments I
`might get. I get paid by IMS, and I bill IMS.
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`DAVID FELDMAN WORLDWIDE, INC.
`450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
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`And as far as I know, IMS bills Fish & Richardson.
` Q. But you don't know who IMS actually
`bills?
` A. I -- I believe that they bill Fish &
`Richardson.
` Q. On what do you base that belief?
` A. When they hired me, they presented my CV
`to Fish & Richardson.
` Q. Is that it?
` A. Yeah.
` Q. So you don't, in fact, know whether or
`not a third party may be paying the bills that you
`submit to IMS?
` A. I suppose that's true, yes.
` Q. How long have you been working on these
`Smartflash cases, approximately?
` A. I don't have the time frame in my head
`when we started this. Less than a year.
` Q. Was it roughly around the time that you
`signed your declarations?
` A. No --
` Q. Was it --
` A. -- it was before that.
` Q. How much before that?
` A. Well, that's what I'm -- I don't
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`DAVID FELDMAN WORLDWIDE, INC.
`450 Seventh Avenue - Ste 500, New York, NY 10123 1.800.642.1099
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`DAVID FELDMAN WORLDWIDE, INC.
`450
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