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` IN THE UNITED STATES DISTRICT COURT
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` FOR THE EASTERN DISTRICT OF TEXAS
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` MARSHALL DIVISION
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`ALFONSO CIOFFI, et al., )
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` Plaintiffs, )
`
` )
`
`vs. ) Civil Action No.
`
` ) 2:13-cv-103-JRG-RSP
`
` )
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`GOOGLE INC., )
`
` Defendant. )
`
` * * * * * * * * * * *
`
` ORAL VIDEOTAPED DEPOSITION
`
` ALFONSO CIOFFI
`
` JUNE 26, 2014
`
` * * * * * * * * * * *
`
` Job No. CS1883355
`
` ORAL VIDEOTAPED DEPOSITION OF ALFONSO CIOFFI,
`
`produced as a witness at the instance of the Defendant
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`and duly sworn, was taken in the above-styled and
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`numbered cause on June 26, 2014, from 8:32 a.m. to 5:01
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`p.m., before Christy Fagan, CSR, CRR, RMR, TMR, RPR, CLR
`
`in and for the State of Texas, reported by computerized
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`stenotype machine at the offices of Courtroom Sciences,
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`Inc., 4950 N. O'Connor Road, Irving, Texas, pursuant to
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`the Federal Rules of Civil Procedure.
`
`800-567-8658
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`973-410-4040
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`Veritext Corporate Services
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`Google - Exhibit 1017, page 1
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`
`
` IN THE UNITED STATES DISTRICT COURT
`
` FOR THE EASTERN DISTRICT OF TEXAS
`
` MARSHALL DIVISION
`
`ALFONSO CIOFFI, et al., )
`
` Plaintiffs, )
`
` )
`
`vs. ) Civil Action No.
`
` ) 2:13-cv-103-JRG-RSP
`
` )
`
`GOOGLE INC., )
`
` Defendant. )
`
` * * * * * * * * * * *
`
` ORAL VIDEOTAPED DEPOSITION
`
` ALFONSO CIOFFI
`
` JUNE 26, 2014
`
` * * * * * * * * * * *
`
` Job No. CS1883355
`
` ORAL VIDEOTAPED DEPOSITION OF ALFONSO CIOFFI,
`
`produced as a witness at the instance of the Defendant
`
`and duly sworn, was taken in the above-styled and
`
`numbered cause on June 26, 2014, from 8:32 a.m. to 5:01
`
`p.m., before Christy Fagan, CSR, CRR, RMR, TMR, RPR, CLR
`
`in and for the State of Texas, reported by computerized
`
`stenotype machine at the offices of Courtroom Sciences,
`
`Inc., 4950 N. O'Connor Road, Irving, Texas, pursuant to
`
`the Federal Rules of Civil Procedure.
`
`800-567-8658
`
`973-410-4040
`
`Veritext Corporate Services
`
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`Google - Exhibit 1017, page 1
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`Page 46
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`referring to the '247 patent and the Patents-in-Suit.
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`Fair enough?
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` A Yeah, I understand that. Yes.
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` Q Okay. Great.
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` With -- would you refer to those patents
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`as joint projects between yourself and Mr. Rozman?
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` A Yes.
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` Q And can you delineate what roles each of you
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`played in those joint projects?
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` A In the invention or in the drafting of the
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`documents?
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` Q Let's take first the invention and then I'll
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`ask the question about the drafting of the documents.
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`Fair enough?
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` A Fair enough. I can -- if you like, I can
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`elaborate on exactly how we -- how we got to this point,
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`how we conceived of this.
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` Q That'd be great.
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` A He and I were neighbors. Our families were
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`very good friends. I mean, they're -- our children
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`don't know a time in their lives where they were not --
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`we were not -- we were not part of each other's lives.
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` It's a Friday afternoon. It was cool.
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`It was somewhere around April or -- April or somewhere
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`around then. I am -- my wife is already at his house
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`Veritext Corporate Services
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`Google - Exhibit 1017, page 46
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`
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`Page 47
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`with his wife having a, you know, Friday evening
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`libation, and I'm on the way there. I forgot what I was
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`tangled up with.
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` Q Excuse me. You said it was cool, it's in
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`April. We're talking about spring of what year?
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` A '04. 2004.
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` Q Thank you.
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` A 2004. I'm sorry. I was not specific.
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` Q No, no. No problem at all. And I apologize
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`to you for interrupting.
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` A That's okay. No, no. Thank you. Thank you.
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` Spring of 2004, my wife is there. I
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`mean, we would alternate. Either, you know, come over
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`to our house or we go over to your house. It was a --
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`it was the Friday night routine, and then we'd figure
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`out someplace to go out to eat.
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` I'm on my way out the door and my son, my
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`youngest son at the time -- 2004, he was 12, maybe shy
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`of 12. His birthday's in May, so he's 11, yells at me,
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`"Dad, the computer's all messed up again." Okay, he
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`downloaded something else, somehow the malware got on
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`there or the spyware or something. This will be easy.
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`I'll go hit a restore point and it'll take care of it.
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` Well, this particular strain of malware
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`had overwritten the restore points, and I -- and I --
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`973-410-4040
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`Veritext Corporate Services
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`Google - Exhibit 1017, page 47
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`Page 48
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`and I -- I couldn't get rid of it through normal means.
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`I had to wipe the disc clean and an hour and a half late
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`getting there. And, of course, I was upset and
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`frustrated about that.
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` And I sat down and, you know, called over
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`and go, "Yeah, I'm going to be a little bit late
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`because -- you know, because I got to take care of
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`this." I have to explain to my wife that now all of her
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`e-mails and all of her files have been -- have been --
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`have been wiped out, and she wasn't very happy about
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`that.
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` So, you know, we start with the -- with
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`the banter about -- you know, complaining about the
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`state of the art with virus protection and screens and
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`all that other stuff. And I said, "There has to be a
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`better way of doing this. And it seems to me that the
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`basic problem is the architecture of the computer system
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`can only execute programs where access to all of the
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`system resources are available." Which says as soon as
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`you initiate anything, advertently or inadvertently,
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`everything's -- everything's fair game.
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` And I further went on to say, "What we
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`really need is a computer system architect," and -- and
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`the analogy I would use -- this is how I explain it to
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`people -- like, to my family members I explain it this
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`Veritext Corporate Services
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`Google - Exhibit 1017, page 48
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`
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`Page 49
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`way: We really need to architect something that looks
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`like the security in a high-rise office building or, you
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`know, even a facility like this. There's an atrium, and
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`think of the connection to the outside world as the
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`door. And as soon as the building proprietors unlock
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`the door, anything can walk in their front door, but
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`there's a layer of security behind it.
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` And if we could set that up -- set that
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`atrium up in such a way so that when people come in it
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`looks like a space that they would reveal themselves and
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`execute, but it's really an expendable space. You know,
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`it's something that, you know, if -- if you -- you don't
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`have access to the important stuff upstairs or what's
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`behind security, so there's an extra layer of security
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`in there. I says, "There's, you know" -- I remember
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`complaining specifically the Microsoft Intel method here
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`is you've got one environment to run in. We need mult
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`-- you need multiple environments to run in. And that
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`was the genesis of the idea.
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` And from -- and he looks at me and he
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`says, "That's a very good idea," and I said, "You think
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`so?" And he says, "Yeah." And we kept talking about it
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`and talking about it, and the next day he comes over and
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`he says, "Okay. Let's start drafting it." He was a
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`registered patent agent at that point and he recognized
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`Google - Exhibit 1017, page 49
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`Page 50
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`the value. So I said, "Okay. Let's start drafting."
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`So that's how we started.
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` He, being the registered patent agent,
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`handled the claims, and as a division of the work
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`matter, I handled the specification. Had it been the
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`other way around, our -- our -- our -- our strengths
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`would have been misplaced.
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` Now, he certainly could have handled the
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`specification as well and contribute to it, but I did
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`most of the heavy lifting on the spec. He did virtually
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`all the heavy lifting on the claims, and I -- I
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`assisted. I assisted and I was more of a supportive
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`role.
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` Q Now, for purposes of the record and for
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`purposes of informing laymen, when you refer to
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`specifications, what are you talking about? What do we
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`refer to --
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` A The actual -- as it was explained to me, as
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`you can tell from my invention history, I was not a
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`prolific inventor; I was more interested in how do I
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`keep -- how do I make customers happy. You know,
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`technology to me was a means to an end. I didn't -- you
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`know, even though I was -- I was -- I've been accused of
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`being inventive and clever, I didn't have the aptitude
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`or the inclination to go and put in the time to go get
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`Veritext Corporate Services
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`Google - Exhibit 1017, page 50
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`
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`deposition officer at the time said testimony was taken,
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`the following includes all parties of record and the
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`amount of time used by each party at the time of the
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`Page 299
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`deposition:
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` Mr. Mike Jones (6 hours 49 minutes)
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` Attorney for Defendant
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` Ms. Cathleen Garrigan (0 hours 0 minutes)
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` Attorney for Defendant
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` Mr. Eric Benisek (0 hours 0 minutes)
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` Attorney for Plaintiffs
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` That $_________ is the deposition officer's charges
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`to the Defendant for preparing the original deposition
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`and any copies of exhibits.
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` I further certify that I am neither counsel for,
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`related to, nor employed by any of the parties in the
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`action in which this proceeding was taken, and further
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`that I am not financially or otherwise interested in the
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`outcome of this action.
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` Certified to by me on this ______ day of
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`___________________, ______.
`
` ___________________________________________
`
` Christy Fagan, CSR, CRR, RMR, TMR, RPR, CLR
`
` Texas CSR 5459
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` Expiration: 12/31/14
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`800-567-8658
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`973-410-4040
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`Veritext Corporate Services
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`Google - Exhibit 1017, page299
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