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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 CBM2014-00190
`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
` 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
`
`Smartflash - Exhibit 2056
`Samsung v. Smartflash
`CBM2014-00192
`
`
`
` 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
` 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
`
`Smartflash - Exhibit 2056
`Samsung v. Smartflash
`CBM2014-00192
`
`
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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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`148
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` Jeffrey Adam Bloom, Ph.D.
` May 20, 2015
` 9:10 a.m.
`
` 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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`A P P E A R A N C E S:
`
` FOR THE PETITIONER:
` FISH & RICHARDSON
` 1425 K Street, Northwest
` 11th Floor
` Washington, D.C. 20005
` 202.783.5070
` BY: RALPH A. PHILLIPS, ESQ.
` rphillips@fr.com
` THOMAS ROZYLOWICZ, ESQ.
` rozylowicz@fr.com
` YAO WANG, ESQ.
` yao.wang@fr.com
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` FOR THE PATENT HOLDER:
` DAVIDSON BERQUIST JACKSON & GOWDEY, LLP
` 8300 Greensboro Drive, Suite 500
` McLean, Virginia 22102
` BY: MICHAEL R. CASEY, ESQ.
` mcasey@dbjg.com
`
` ALSO PRESENT:
` PAUL CANNON, Videographer
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` S T I P U L A T I O N S
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`IT IS HEREBY STIPULATED AND AGREED by and between
`the attorneys for the respective parties herein,
`that filing, sealing and certification be and the
`same are hereby waived.
`
`IT IS FURTHER STIPULATED AND AGREED that all
`objections, except as to the form of the question,
`shall be reserved to the time of the trial.
`
`IT IS FURTHER STIPULATED AND AGREED that the within
`deposition may be signed and sworn to before any
`officer authorized to administer an oath, with the
`same force and effect as if signed and sworn to
`before the Court.
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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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` P R O C E E D I N G S
`
` Washington, D.C.
` Wednesday, May 20, 2015; 9:10 a.m.
`
` THE VIDEOGRAPHER: This continues the
` video deposition of Dr. Jeffrey A. Bloom in
` the matter of Samsung, et al. versus
` Smartflash LLC, Case Number CBM2014-00190
` and -192 and -193 and -194 and -199, in the
` United States Patent and Trademark Office
` before the Patent Trial and Appeal Board.
` This deposition is being held at
` 1425 K Street, Northwest, Washington, D.C.
` on May 20th, 2015 at approximately
` 9:10 a.m.
` My name is Paul Cannon, from the firm
` of David Feldman Worldwide, and I am the
` legal video specialist. The court reporter
` is Cindy Sebo, in association with
` David Feldman Worldwide.
` Will counsel please introduce
` themselves?
` MR. CASEY: Michael Casey from
` Davidson Berquist Jackson & Gowdey on
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` behalf of Patent Owner, Smartflash.
` MR. PHILLIPS: Ralph Phillips of Fish
` & Richardson for the Samsung Respondents.
` Along with me are also Thomas Rozylowicz
` and Yao Wang, also from Fish.
` THE VIDEOGRAPHER: Will the court
` reporter please swear in the witness?
` - - -
` J E F F R E Y A D A M B L O O M, P H. D.,
` after having been previously duly sworn, was
` examined and testified further as follows:
` - - -
` - - -
` EXAMINATION (RESUMED)
` BY COUNSEL FOR PATENT OWNER
` - - -
`BY MR. CASEY:
` Q. Dr. Bloom, since the deposition started
`yesterday, have you discussed anything related to
`Ginter with anyone else?
` A. No.
` Q. Have you discussed anything as it
`relates to the Smartflash patents with anyone
`else?
` A. No.
`
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` Q. Dr. Bloom, yesterday, we were talking
`about the manual processes you were describing as
`it relates to radio.
` Do you remember that?
` A. Yes.
` Q. Does the ASCAP recording requirements
`change whether the same record was bought for $10
`or $12?
` A. I don't believe so.
` Q. If I could ask you, please -- you should
`still have your stack. And if you need to go --
`take a moment to get reacclimated. There should
`be, in your stack still, a -- your declaration for
`the '720 patent.
` Could you look for that, please?
` A. Okay.
` (Whereupon, the witness reviews the
` material provided.)
`BY MR. CASEY:
` Q. With respect to the '720 patent,
`starting around Paragraph 113, you discuss
`ineligibility of the subject matter of the cha- --
`of the challenged claims.
` Do you see that?
` A. Yes.
`
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` Q. So as I look at this, I don't see that
`you separately analyzed Claims 13 and 14; is that
`correct?
` A. I have to look at the '720 patent.
` Q. Maybe my question wasn't clear,
`Dr. Bloom.
` Your report doesn't say that you
`separately analyzed Claims 13 and 14, correct?
` A. I think I analyzed all the -- all the
`claims.
` Q. Your report does not disclose that you
`treated any limitation not present in Claim 13
`that is present in Claim 14 separately or
`vice versa, correct?
` A. I have to look at the claims.
` (Whereupon, the witness reviews the
` material provided.)
` THE WITNESS: Okay. I'm sorry.
` Which -- which claims -- which two claims?
`BY MR. CASEY:
` Q. Thirteen and 14 of the '720 patent.
` (Whereupon, the witness continues
` to review the material provided.)
` THE WITNESS: Okay.
` Now, could you repeat the question
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` again?
`BY MR. CASEY:
` Q. Your report does not disclose that you
`treated any limitation not present in Claim 14
`that is present -- sorry. Strike that.
` Other way around. Your report does
`not disclose that you treated any limitation not
`present in Claim 14 but which is present in
`Claim 13 differently for the purposes of your
`subject-matter analysis, correct?
` A. Any element of claim --
` Q. Let me break it apart.
` It's early --
` A. The question was all right. I think the
`answer . . .
` (Laughter.)
`BY MR. CASEY:
` Q. So Claim 14's a method claim.
`Claim 13's a -- a data access terminal.
` A. Yeah.
` Q. Your analysis in your report doesn't
`disclose that you treated Claim 13 any differently
`than you treated Claim 14, even though they don't
`have the same elements in them, correct?
` A. Okay. Correct.
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` Q. And the other way around is true as
`well? Your analysis in your report doesn't
`disclose that you treated Claim 14 any differently
`than you treated Claim 13, correct?
` A. I mean, all the claims were -- were all
`treated differently in the sense that they're all
`different.
` Q. There's no separate analysis for
`Claim 13 as compared to 14, correct?
` A. It -- there is a difference, as we
`talked about yesterday, in how those two are
`analyzed.
` Q. Your report doesn't separately disclose
`reasons why Claim 13 is patent ineligible, as
`opposed to why Claim 14 would be patent
`ineligible, correct?
` A. That's correct.
` Q. In your report, with respect to Claim 3,
`is your analysis based on the fact that the data
`carrier is the record itself in a -- in the
`recording environment -- in the radio environment
`you described?
` A. No.
` Q. If I could ask you to look for your
`report as it relates to the '221 patent, please.
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` A. Okay.
` Q. Your report analyzes ineligibility of
`the subject matter of the claim -- the challenged
`claims beginning around Paragraph 113.
` And so your report itself does not
`separately analyze Claims 2, 11 and 32 as it
`relates to patent eligibility, correct?
` A. I'm sorry. Which -- which claims?
` Q. Two, 11, and 32.
` A. Okay. And -- and could you repeat the
`question?
` Q. Your report doesn't separately set forth
`an analysis for why each of Claims 2, 11 and 32
`are separately patent ineligible, correct?
` A. Correct.
` Q. I asked you before about whether or not
`the ASCAP recording -- sorry. Strike that.
` I asked you previously about ASCAP
`and whether the reporting requirements change
`depending on whether a broadcaster bought a record
`for $10 or $12.
` Do you remember that?
` A. Um-hum. Yes.
` Q. And you said the ASCAP requirements do
`not change, correct?
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` A. I don't think so.
` Q. You listed, starting in Paragraph 117, a
`number of performance rights organizations,
`including the American Society of Composers,
`Authors and Publishers, Broadcast Music, Inc.
` Is it fair to say that your report
`doesn't allege that Broadcast Music, as opposed to
`ASCAP, changes its requirements for reporting
`based on whether -- sorry -- based on the price of
`the musical composition that's being reported?
` A. The price of -- I'm sorry.
` What was the end of that question?
` Q. Okay. Is it fair to say that your
`report doesn't allege that Broadcast Music, Inc.
`changes its requirements for reporting based on
`the price of the musical composition or piece that
`is being reported on?
` A. I don't know. I don't think so, but I
`don't know.
` Q. So I'm actually just asking about
`whether or not your report says it does.
` A. The report doesn't say that it does.
` Q. Does your report say that the
`requirements for reporting to SoundExchange change
`based on the price of the sound recording being
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`administered?
` A. The report doesn't say that.
` Q. The same question as it relates to the
`Harry Fox Agency.
` Does your report say that the
`requirements for reporting to the Harry Fox
`Association change based on the price of the sound
`recording being administered?
` A. No, it doesn't say that.
` Q. So I'm sorry. I'm going to have to ask
`you to turn back to the '720 -- your report for
`the '720 patent.
` And I'll try to bundle it all into
`one question at the end, which is, Does your
`report allege, with respect to the '720 patent,
`that the reporting requirements change for any of
`the performance rights organizations based on the
`price of the sound recording being administered?
` A. No, the report doesn't say that.
` Q. So prior to the -- the effective filing
`date of the patent, if a person bought a record at
`a -- at a record store and then played it in a
`public forum, there's nothing on the record that
`prevents them from doing that, correct?
` A. Aside from violating copyright law, I
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`suppose.
` Q. So it's possible that the person who
`were to play that record in the public forum
`wouldn't necessarily know that they were breaking
`copyright law, correct?
` A. It's possible.
` Q. And so they could physically use the
`record in a -- in a manner that is -- sorry.
`Strike that.
` So the purchaser of a record could
`physically use a record without recording --
`reporting that use to a performing rights
`organization -- sorry. Strike that.
` So it's possible that a purchaser of
`a record could publicly use the record without
`reporting its use to the performance -- to a
`performance rights organization, correct?
` A. Correct.
` Q. And that did, in fact, happen, correct?
` A. I don't know.
` Q. So the record's clear, I'm going to try
`to reask this question a little differently.
` Does your report allege, with
`respect to the '720 patent, that the reporting
`requirements change for any of the performing --
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`performance rights organizations listed in your
`report based on the price of the sound recording
`being administered?
` A. The report doesn't say that.
` Q. If I could ask you to turn to your
`report on the '458 patent, please.
` And, again, if you could please turn
`to the section on ineligibility of the subject
`matter of the challenged claims starting at
`Paragraph 113.
` Are you there?
` A. Yeah.
` Q. With respect to Claim 11, is it fair to
`say that your report does not describe how
`reporting obligations for any of the performance
`rights organizations listed in your report change
`based on how much of a song is played?
` A. The report doesn't say that.
` Q. With respect to Claim 11 of the
`'458 patent, are you alleging that the carrier of
`Claim 11 is met by the sleeve of a record?
` A. No.
` Q. In your analysis of the eligibility of
`Claim 11, what are you alleging corresponds to the
`carrier of Claim 11 when it comes to the reporting
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`requirements you describe with respect to the
`performance rights organizations listed in your
`report?
` A. So in Claim 11, the data carrier has two
`rolls: it stores the data that -- that is -- that
`the -- that wants to be accessed, it stores the --
`the content; and it also stores partial use status
`data when only part of the stored data item's been
`accessed.
` The part that stores the data could
`be -- as you mentioned earlier, could be a record
`or a tape or a CD or a computer file with digital
`music on it. The part that records partial use
`could be a piece of paper, a computer file with a
`spreadsheet or a list.
` MR. CASEY: Move to strike.
`BY MR. CASEY:
` Q. Dr. Bloom, my question to you was, In
`your analysis of the eligibility of Claim 11, what
`does your report allege corresponds to the
`requirements -- sorry.
` What -- in your -- in your analysis
`in your report on Claim 11, what are you alleging
`corresponds to the carrier of Claim 11 when it
`comes to the reporting requirements you describe
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`with respect to the performance rights
`organizations?
` I just want to know, in your report,
`what are you saying it is, not as you sit here
`now.
` MR. PHILLIPS: Objection: asked and
` answered.
` THE WITNESS: In my report, I suggest
` that what's done in this patent can be done
` and has been done before this with paper
` and pencil or with conventional computer
` systems and components. And that's what I
` was referring to in my last answer.
`BY MR. CASEY:
` Q. So it's fair to say that your report
`doesn't actually describe what you believe to be
`the data carrier of Claim 11 when it comes to the
`reporting requirements you describe with respect
`to the performance rights organizations in your
`report, correct?
` A. Yeah, the report doesn't say that.
` Q. And the report doesn't describe use
`rules that permit partial use of a data item
`stored on the carrier because you don't say what
`the carrier is, right?
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` A. Could you repeat the question? It seems
`to be two questions.
` Q. So you agree that the report does not
`describe what the data carrier of Claim 11
`corresponds to, correct?
` A. Correct.
` Q. So then it also does not describe code
`to write partial use status data to the data
`carrier because it doesn't describe what the data
`carrier is, right?
` A. The report does talk about administering
`a paper ledger that records and tracks royalties
`for the purposes of payment. And in the context
`of your question, that's one of the roles of what
`the patent '458 calls "the data carrier."
` Q. So you're alleging that the paper
`corresponds to the carrier?
` A. What I said was that paper can be used
`to achieve the same -- one of the same roles as
`the carrier.
` Q. But it's not a carrier as you're using
`it in Claim 6 and Claim 11?
` A. It -- it can be -- it can achieve the
`same goals -- one of the same goals as a data
`carrier.
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` Q. So a screw and a nail can both achieve
`the same result of fastening two things together,
`but they're not the same, correct?
` A. That's correct.
` Q. So are you saying that -- you're
`alleging that the carrier actually is -- sorry. I
`said that backwards.
` Are you alleging that paper
`corresponds to the carrier in Claim 11 of the
`'458 patent?
` A. You've asked me that question three
`times. I think I've given the same answer three
`times.
` Q. So the answer is no?
` A. The answer is that paper can be used, as
`could a spreadsheet, as could a number of other
`things, to achieve one of two roles of a data
`carrier in Claim 11.
` Q. And in Claim 6, it also says that the
`use rules indicate permissible use of data stored
`on the carrier.
` Correct?
` A. It says that.
` Q. And so what you're saying, then, is that
`paper can be used as the carrier in your analysis
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`of Claim 6 when it comes to writing use status
`data, but it can't actually be used as the thing
`that stores the data for which the use rule is
`being applied, right?
` A. Well, it could. Piano rolls did the --
`played that role for many years. But that's not
`what I was referring to.
` There are many medium that could be
`used to store the content, including, but not
`limited to, paper.
` Q. And your report doesn't describe using
`paper rolls, does it?
` A. I believe it does.
` Q. Could you identify for me where, please?
` A. I'm looking.
` (Whereupon, the witness reviews the
` material provided.)
` THE WITNESS: Now, I was thinking of
` Paragraph 114, which talks about a phono
` record and gives examples of cassette tape,
` LP or CD, but doesn't include a paper roll
` or piano roll.
`BY MR. CASEY:
` Q. Does a record -- phonograph itself --
`sorry. Strike that.
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` Your report for the '458 patent
`doesn't describe tracking -- sorry. Strike that.
` With respect to the '598 patent --
`can you find your declaration, please?
` Do you have it?
` A. Yep.
` Q. If you'd look at Claim 1 of the
`'598 patent.
` When you analyzed Claim 1 of the
`'598 patent, did you consider the content data
`memory to be physically or logically separated
`from the use rule memory based on the language of
`Claim 1?
` (Whereupon, the witness reviews the
` material provided.)
` THE WITNESS: So could you restate the
` question?
`BY MR. CASEY:
` Q. Sure.
` Did you consider, in preparing your
`report, the content data memory to be physically
`or logically separated from the use rule memory
`based on the language of Claim 1?
` A. I considered that they could be --
` Q. They could be --
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` A. -- separate.
` Q. So based on your analysis, you analyzed
`Claim 1 in your report as if they could be either
`physically or logically separated, or they could
`be also physically or logically combined, correct?
` A. Yes.
` Q. So in your analysis of Claim 1 of the
`'598 patent, you believed that Claim 1 was broad
`enough to cover a combined content data memory and
`use rule memory where the combination can be
`either physical or logical, correct?
` A. Yes.
` Q. When performing your analysis of Claim 1
`of the '598 patent, did you consider the file
`history of the '598 patent?
` A. Generally.
` Q. As you sit here today, do you recall
`whether or not anything in the file history of the
`'598 patent informed any part of your analysis as
`to the breadth of the content data memory and use
`rule memory?
` A. I don't recall.
` Q. When you performed your analysis of
`Claim 7 of the '598 patent, did you consider that
`the payment data memory also could be physically
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`or logically combined with the content data memory
`and use rule memory of Claim 1?
` A. It could.
` Q. When you performed your analysis of
`Claim 7 of the '598 patent, did you consider the
`payment data memory could be physically but not
`logically combined with the content data memory
`and use memory of Claim 1?
` A. It could.
` Q. If the earlier question was unclear, I'm
`sorry. I'm going to try to clean it up.
` In your analysis of Claim 1 of the
`'598 patent, you considered Claim 1 to mean that
`the content data memory and use rule memory could
`be physically combined into a single memory?
` A. They could.
` Q. In preparing your opinion on Claim 7 of
`the '598 patent, did you consider cash to be a
`form of payment data?
` A. Yes.
` Q. How is cash data?
` A. No. In the context of that claim, cash
`could be provided to a cashier who would receive
`that cash and validate that payment was made.
` Q. So I guess I'm confused by your two
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`answers in a row.
` Cash is not payment data, or it is?
` A. Cash is payment.
` Q. Is cash payment data?
` A. Perhaps the number on the bill would be
`the payment data indicating how much that cash is
`worth.
` MR. CASEY: Why don't we take a break?
` We've been going about an hour.
` THE VIDEOGRAPHER: 10:06 a.m. Going
` off the record.
` - - -
` (Whereupon, a brief recess was taken
` from 10:06 a.m. to 10:23 a.m.)
` - - -
` THE VIDEOGRAPHER: 10:23 a.m. Back on
` the record.
`BY MR. CASEY:
` Q. Dr. Bloom, about how many hours have you
`spent -- sorry. Strike that.
` About how many hours did you spend
`preparing your reports that we described in this
`deposition -- this -- and the reports,
`declarations for CBM2014-00190, -192, -193, -194
`and -199?
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` A. I -- I don't know.
` Q. Okay. More than 10?
` A. More than 10.
` Q. More than 100?
` A. I don't know.
` Q. Had you ever read the Ginter patent
`before you were contacted about this case?
` A. No.
` Q. How did you come to choose the
`Ginter patent to apply against the claims of the
`'221 patent?
` A. It was suggested to me.
` Q. By whom was it suggested?
` A. By an attorney at Fish & Richardson.
` Q. Did you read the whole thing?
` A. No.
` Q. Prior to your work on these CBMs, had
`you ever seen any of the Smartflash patents?
` A. No.
` Q. In your current job, you are the -- let
`me get the title right, because I got it wrong
`yesterday -- director of system engineering and
`software development for conditional access and
`identity management systems for SiriusXM Radio; is
`that right?
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` A. Yes.
` Q. And your work seems to be heavily
`cryptography based; is that right?
` A. The work we do relies heavily on
`cryptography.
` Q. So in -- for example -- well, this part
`of the declarations are all the same.
` So in para- -- in your declaration
`for the '458 patent -- actually, Dr. Bloom,
`because of exhibits and things like that, I -- I
`guess I'm going to ask you to look at the
`'221 patent declaration -- I think they're the
`same -- Samsung Exhibit 1003 in the case in which
`you cite Ginter.
` So you have two declarations for the
`'221 patent. This is the one for CBM2014-00199.
` Got it?
` A. Yeah.
` Q. Paragraph 5 talks about your being the
`director of system engineering and software
`development, conditional access and identity
`management systems for SiriusXM Radio, correct?
` A. Yes.
` Q. And you manage systems that employ,
`among other things, calculating one-way hash
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`functions; is that right?
` A. Yes.
` Q. And that's a -- typically done with a
`cryptographic engine of some sort?
` A. Yes.
` Q. MD5, those kind of things, are one-way
`hash function?
` A. Yes.
` Q. Encrypting content with both symmetric
`and asymmetric encryption, again, would be
`something that has to do with cryptography,
`correct?
` A. Yes.
` Q. It says in here that you are responsible
`for all conditional access security systems.
` Do you see that?
` A. Yes.
` Q. So does that mean that SiriusXM
`regulates authorized use of the satellite radio
`services that it provides?
` I guess that's a bad question. Let
`me say that differently.
` Strike that.
` So does SiriusXM utilize systems
`that enable limited use of paid for and/or
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`licensed content?
` MR. PHILLIPS: I'm going to -- I'm
` just going to caution the witness not to
` divulge any information that may be covered
` by any confidentiality agreements he may or
` may not have with his employer.
` Having said that, go ahead.
` THE WITNESS: SiriusXM has licenses to
` broadcast content and has systems to -- can
` you repeat the question?
`BY MR. CASEY:
` Q. Sure.
` Does that mean that -- sorry.
`Strike that.
` The question was, Does SiriusXM
`utilize systems that enable limited use of paid
`for and/or licensed content?
` A. Yes.
` Q. Does SiriusXM have a lot of subscribers?
` A. I don't know how many they have.
` Q. More than a million?
` A. I don't know.
` Q. In preparing your report, did you
`consider whether SiriusXM's system that enables
`limited use of paid for and/
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