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`IN THE UNITED STATES DISTRICT COURT
` IN THE UNITED STATES DISTRICT COURT
`
`FOR THE EASTERN DISTRICT OF TEXAS
` FOR THE EASTERN DISTRICT OF TEXAS
`
` MARSHALL DIVISION
`MARSHALL DIVISION
`
`ALFONSO CIOFFI, an individual, )
`ALFONSO CIOFFI, an individual,
`)
`
`MELANIE ROZMAN, an individual,
`MELANIE ROZMAN, an individual, )
`)
`
`MEGAN ROZMAN, an individual, and )
`MEGAN ROZMAN, an individual, and )
`
`MORGAN ROZMAN, an individual,
`MORGAN ROZMAN, an individual, )
`)
`
`Plaintiffs,
` Plaintiffs, )
`)
`
`) No. 2:13-cv-103
`v. ) No. 2:13-cv-103
`v.
`
`) VOLUME II
`GOOGLE, INC., ) VOLUME II
`GOOGLE, INC.,
`
` Defendants. )
`Defendants.
`)
`
`_________________________________
`
` Continued Videotaped Deposition of ALFONSO
`Continued Videotaped Deposition of ALFONSO
`
`CIOFFI, taken at 5956 Sherry Lane, Suite 1000,
` CIOFFI, taken at 5956 Sherry Lane, Suite 1000,
`
`Dallas, Texas, commencing at 9:08 a.m.,
` Dallas, Texas, commencing at 9:08 a.m.,
`
`Friday, November 7, 2014, before James M. Shaw,
` Friday, November 7, 2014, before James M. Shaw,
`
`RMR, CSR No. 1694.
` RMR, CSR No. 1694.
`
`JOB No. 1956298
`JOB No. 1956298
`
`PAGES 300 - 513
`PAGES 300 - 513
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`Page 300
`Page 300
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`Veritext National Deposition & Litigation Services
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`866 299-5127
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`Google - Exhibit 1018, page 300
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`Google - Exhibit 1018, page 300
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`

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`A.
` A. Okay. 10:10
`Okay.
`10:10
`
` Q. So I'm looking at your Figure 1, and I'm going 10:10
`So I'm looking at your Figure 1, and I'm going 10:10
`Q.
`
`to just go through these piece by piece. So the 10:11
`10:11
`to just go through these piece by piece. So the
`
`10:11
`network, that wasn't new. You didn't invent a network,
`network, that wasn't new. You didn't invent a network, 10:11
`
`10:11
`that's 195; correct? 10:11
`that's 195; correct?
`
` A. No, we -- 10:11
`A.
`No, we --
`10:11
`
` Q. Correct, you did not invent that? 10:11
`10:11
`Correct, you did not invent that?
`Q.
`
`10:11
`A.
`Correct, we did not invent a network.
` A. Correct, we did not invent a network. 10:11
`
`10:11
` Q. Okay. And 190, that's a network interface. 10:11
`Okay. And 190, that's a network interface.
`Q.
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`You didn't invent a network interface; is that correct? 10:11
`You didn't invent a network interface; is that correct?
`10:11
`
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` A. No. 10:11
`A.
`10:11
`No.
`
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`10:11
`Okay. And then 180 is a video display?
` Q. Okay. And then 180 is a video display? 10:11
`Q.
`
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` A. Yes. 10:11
`A.
`10:11
`Yes.
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` Q. You didn't invent a video display; correct? 10:11
`You didn't invent a video display; correct?
`10:11
`Q.
`
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` A. No, we did not. 10:11
`A.
`No, we did not.
`10:11
`
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`10:11
` Q. Okay. And 170 is a video processor. You 10:11
`Okay. And 170 is a video processor. You
`Q.
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`10:11
`didn't invent a video processor; correct?
`didn't invent a video processor; correct? 10:11
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` A. No, we did not. 10:11
`A.
`No, we did not.
`10:11
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`10:11
` Q. Okay. And 150 is a user interface. You 10:11
`Okay. And 150 is a user interface. You
`Q.
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`10:11
`didn't invent a user interface; correct?
`didn't invent a user interface; correct? 10:11
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` A. No, we -- no, we did not. 10:11
`A.
`No, we -- no, we did not.
`10:11
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` Q. Okay. And 120, a first processor, you didn't 10:11
`Okay. And 120, a first processor, you didn't
`10:11
`Q.
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`10:11
`invent a processor, did you?
`invent a processor, did you? 10:11
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`10:11
`No.
`A.
` A. No. 10:11
`
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` Q. Okay. And 110 is a first memory data storage 10:11
`Okay. And 110 is a first memory data storage
`10:11
`Q.
`
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`
`Page 357
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`10:11
`area. You didn't invent a memory storage area? 10:11
`area. You didn't invent a memory storage area?
`
` A. No. 10:11
`A.
`10:11
`No.
`
` Q. Okay. And 130 is a second memory data storage 10:11
`Okay. And 130 is a second memory data storage 10:11
`Q.
`
`10:12
`area. Again, you didn't invent a memory storage area?
`area. Again, you didn't invent a memory storage area? 10:12
`
`10:12
`A.
`We did not invent a memory storage area, no,
` A. We did not invent a memory storage area, no, 10:12
`
`we did not. 10:12
`we did not.
`10:12
`
` Q. Okay. And did you invent the idea of having 10:12
`Okay. And did you invent the idea of having
`10:12
`Q.
`
`more than one memory storage area in a computer system? 10:12
`more than one memory storage area in a computer system?
`10:12
`
`10:12
`A.
`No, we did not.
` A. No, we did not. 10:12
`
` Q. Okay. And 140 is a second processor. You 10:12
`10:12
`Okay. And 140 is a second processor. You
`Q.
`
`didn't invent a processor? 10:12
`didn't invent a processor?
`10:12
`
`10:12
`A.
`No, we did not.
` A. No, we did not. 10:12
`
` Q. Did you invent the idea of having more than 10:12
`Did you invent the idea of having more than
`10:12
`Q.
`
`one processor in a system -- computer system 10:12
`10:12
`one processor in a system -- computer system
`
`architecture? 10:12
`10:12
`architecture?
`
`10:12
`A.
`No, we did not.
` A. No, we did not. 10:12
`
`10:12
` Q. Okay. So none of these individual elements 10:12
`Okay. So none of these individual elements
`Q.
`
`you invented? 10:12
`you invented?
`10:12
`
`10:12
`A.
` A. No. 10:12
`No.
`
`10:12
`What about this configuration, Figure 1, was
` Q. What about this configuration, Figure 1, was 10:12
`Q.
`
`new or novel, in your mind? 10:12
`new or novel, in your mind?
`10:12
`
` A. 100. 10:12
`A.
`10:12
`100.
`
`10:12
` Q. Was it the way it was organized? 10:12
`Was it the way it was organized?
`Q.
`
`10:12
`A.
`100, the entire system. The way in which it
` A. 100, the entire system. The way in which it 10:12
`
`was organized, the way in which we specified that these 10:12
`was organized, the way in which we specified that these
`10:12
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`Page 358
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`Google - Exhibit 1018, page 358
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`combinations of elements were to operate -- were to 10:12
`combinations of elements were to operate -- were to
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`interoperate. 10:12
`10:12
`interoperate.
`
` Q. Okay. So was the way -- 10:12
`10:12
`Q.
`Okay. So was the way --
`
`10:12
`A.
`And that's what's -- I'm sorry, but that's
` A. And that's what's -- I'm sorry, but that's 10:12
`
`10:12
`what's contained in the specification and in the -- and 10:12
`what's contained in the specification and in the -- and
`
`in the claims. I believe it's very clear. 10:12
`in the claims. I believe it's very clear.
`10:12
`
` Q. Okay. So what you understood to be new and 10:13
`Q.
`Okay. So what you understood to be new and
`10:13
`
`novel was the way this whole piece was organized
`novel was the way this whole piece was organized 10:13
`10:13
`
`together? 10:13
`together?
`10:13
`
` A. That -- that is a way of -- That's a layman's 10:13
`A.
`That -- that is a way of -- That's a layman's 10:13
`
`way of characterizing, yes. 10:13
`way of characterizing, yes.
`10:13
`
` Q. Okay. So let's talk about how some of the 10:13
`Q.
`Okay. So let's talk about how some of the
`10:13
`
`things are connected. Again, 195 to 190, you didn't 10:13
`things are connected. Again, 195 to 190, you didn't
`10:13
`
`create the -- the idea of connecting a network interface 10:13
`create the -- the idea of connecting a network interface 10:13
`
`device to a network? 10:13
`device to a network?
`10:13
`
`A.
`Certainly not.
` A. Certainly not. 10:13
`10:13
`
` Q. Okay. And, again, the video display to the 10:13
`Q.
`Okay. And, again, the video display to the
`10:13
`
`video processor, 180 to 170, you didn't create that 10:13
`video processor, 180 to 170, you didn't create that
`10:13
`
`configuration? 10:13
`configuration?
`10:13
`
`A.
`Certainly not.
` A. Certainly not. 10:13
`10:13
`
` Q. Okay. And the user using the user interface, 10:13
`Q.
`Okay. And the user using the user interface,
`10:13
`
`150, you didn't create that connection? 10:13
`150, you didn't create that connection?
`10:13
`
`A.
`Certainly not.
` A. Certainly not. 10:13
`10:13
`
`Q.
` Q. Okay. And you didn't also invent the user 10:13
`Okay. And you didn't also invent the user
`10:13
`
`interface interfacing with 120, a processor -- a first 10:13
`interface interfacing with 120, a processor -- a first
`10:13
`
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`Page 359
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`Google - Exhibit 1018, page 359
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`processor? 10:13
`processor?
`10:13
`
` A. No, no. 10:13
`A.
`No, no.
`10:13
`
` Q. You didn't create the idea of a first 10:13
`Q.
`You didn't create the idea of a first
`10:13
`
`processor, 120, interfacing with a first memory storage 10:13
`processor, 120, interfacing with a first memory storage
`10:13
`
`area; correct? 10:13
`area; correct?
`10:13
`
` A. No. 10:13
`A.
`No.
`10:13
`
` Q. Okay. And did you create the idea of the 10:13
`Q.
`Okay. And did you create the idea of the
`10:13
`
`10:14
`first processor and a second processor working together 10:14
`first processor and a second processor working together
`
`10:14
`to create a video display on a video processor, 170? 10:14
`to create a video display on a video processor, 170?
`
` A. Generally, no. 10:14
`A.
`Generally, no.
`10:14
`
` Q. Okay. Did you create the idea or did you 10:14
`10:14
`Q.
`Okay. Did you create the idea or did you
`
`10:14
`invent the idea of a second processor, 140, having its 10:14
`invent the idea of a second processor, 140, having its
`
`own memory storage area, 130? 10:14
`own memory storage area, 130?
`10:14
`
` A. That is an element of what we invented, yes. 10:14
`A.
`That is an element of what we invented, yes.
`10:14
`
` Q. Okay. So you think -- 10:14
`Okay. So you think --
`10:14
`Q.
`
`10:14
`A.
`When taken into context of the way the
` A. When taken into context of the way the 10:14
`
`10:14
`entire -- all of the pieces operate together, all the 10:14
`entire -- all of the pieces operate together, all the
`
`communication links, all of the data flows, all of the 10:14
`communication links, all of the data flows, all of the
`10:14
`
`operation of the various system elements taken together, 10:14
`operation of the various system elements taken together, 10:14
`
`10:14
`yeah, certainly that is an element of it. 10:14
`yeah, certainly that is an element of it.
`
` Q. So an element of what you invented is a second 10:14
`Q.
`So an element of what you invented is a second 10:14
`
`processor having its own memory storage area? 10:14
`10:14
`processor having its own memory storage area?
`
`10:14
`A.
`Much more than that. I mean, certainly,
` A. Much more than that. I mean, certainly, 10:14
`
`10:14
`second processors having their own storage areas 10:14
`second processors having their own storage areas
`
`certainly existed. How they are configured and how they 10:14
`certainly existed. How they are configured and how they 10:14
`
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`10:14
`direct certain -- how -- how they -- how -- how they
`direct certain -- how -- how they -- how -- how they 10:14
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`contribute to the overall operation of the system, 10:15
`contribute to the overall operation of the system,
`10:15
`
`that's a piece of our invention, yes. 10:15
`that's a piece of our invention, yes.
`10:15
`
` Q. Okay. 10:15
`Okay.
`10:15
`Q.
`
`A.
`But the individual -- the individual pieces
` A. But the individual -- the individual pieces 10:15
`10:15
`
`all existed. 10:15
`all existed.
`10:15
`
` Q. Okay. 10:15
`Okay.
`10:15
`Q.
`
`A.
`I mean, they all existed.
` A. I mean, they all existed. 10:15
`10:15
`
` Q. They all existed and they all existed in this 10:15
`They all existed and they all existed in this
`10:15
`Q.
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`configuration? 10:15
`configuration?
`10:15
`
` MR. BENISEK: Object to form. 10:15
`MR. BENISEK: Object to form.
`10:15
`
`A.
`No, I'm not going to agree with that.
` A. No, I'm not going to agree with that. 10:15
`10:15
`
` Q. (BY MS. SKAFF) Okay. So what is it about 10:15
`(BY MS. SKAFF) Okay. So what is it about
`10:15
`Q.
`
`this configuration that did not exist, if you could 10:15
`this configuration that did not exist, if you could
`10:15
`
`point it to me on Figure 1, did not exist in the prior 10:15
`point it to me on Figure 1, did not exist in the prior
`10:15
`
`art at the time, prior systems at the time? 10:15
`art at the time, prior systems at the time?
`10:15
`
`A.
`What -- what did not exist is suspected
` A. What -- what did not exist is suspected 10:15
`10:15
`
`malware having an area defined by 130 and 140 where 10:15
`malware having an area defined by 130 and 140 where
`10:15
`
`suspected malware could be placed to operate. 10:15
`suspected malware could be placed to operate.
`10:15
`
`Whether -- whether or not there were multiprocessor
`Whether -- whether or not there were multiprocessor 10:15
`10:15
`
`environments that were sold and embodied in desktop 10:15
`environments that were sold and embodied in desktop
`10:15
`
`computers or laptops or anything like that, whether they 10:16
`computers or laptops or anything like that, whether they 10:16
`
`were in the marketplace or not, I don't recall, but I
`were in the marketplace or not, I don't recall, but I 10:16
`10:16
`
`believe it to be irrelevant. 10:16
`believe it to be irrelevant.
`10:16
`
` In order for any code to execute in the prior 10:16
`In order for any code to execute in the prior
`10:16
`
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`architecture -- And by "architecture," I mean 100. In
`architecture -- And by "architecture," I mean 100. In 10:16
`10:16
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`order for any code to operate, they necessarily were 10:16
`order for any code to operate, they necessarily were
`10:16
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`given access to every area. So whether memory was 10:16
`given access to every area. So whether memory was
`10:16
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`partitioned or not via some logical process, it was not 10:16
`partitioned or not via some logical process, it was not
`10:16
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`partitioned in a way that provided security, and that's 10:16
`partitioned in a way that provided security, and that's
`10:16
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`what we teach. That's what we invented is partitioning 10:16
`what we teach. That's what we invented is partitioning
`10:16
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`memory and processing in a way that provides security. 10:16
`memory and processing in a way that provides security.
`10:16
`
`Okay. And, again, I'm going to direct you
` Q. Okay. And, again, I'm going to direct you 10:16
`10:16
`Q.
`
`back to Figure 1. What -- Where on Figure 1 is that
`back to Figure 1. What -- Where on Figure 1 is that 10:16
`10:16
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`10
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`idea? In your mind, if you could just tell me where on 10:16
`idea? In your mind, if you could just tell me where on
`10:16
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`Figure 1 that idea -- 10:16
`Figure 1 that idea --
`10:16
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`MR. BENISEK: Object to form.
` MR. BENISEK: Object to form. 10:16
`10:16
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` Q. (BY MS. SKAFF) -- of the invention is shown. 10:17
`(BY MS. SKAFF) -- of the invention is shown.
`10:17
`Q.
`
`14
`14
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` THE REPORTER: I'm sorry. That idea? 10:17
`THE REPORTER: I'm sorry. That idea?
`10:17
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` MS. SKAFF: Of the invention is shown. 10:17
`MS. SKAFF: Of the invention is shown.
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`MR. BENISEK: Object to form.
` MR. BENISEK: Object to form. 10:17
`10:17
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`A.
`On -- on all of it. On all of it. You would
` A. On -- on all of it. On all of it. You would 10:17
`10:17
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`have to take Figure 1 -- Figure 1 does not exist in a 10:17
`have to take Figure 1 -- Figure 1 does not exist in a
`10:17
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`vacuum. Figure 1 is certainly important, and Figure 1
`vacuum. Figure 1 is certainly important, and Figure 1 10:17
`10:17
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`is further described in the specification and there are 10:17
`is further described in the specification and there are
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`claims that are based off -- are based off that 10:17
`claims that are based off -- are based off that
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`specification. I mean, I -- I -- I -- it's a part of 10:17
`specification. I mean, I -- I -- I -- it's a part of
`10:17
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`what we -- It is part of the description. 10:17
`what we -- It is part of the description.
`10:17
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`(BY MS. SKAFF) So what is new and novel I can 10:17
` Q. (BY MS. SKAFF) So what is new and novel I can 10:17
`Q.
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`find somewhere on Figure 1 and somewhere in '247? 10:17
`find somewhere on Figure 1 and somewhere in '247?
`10:17
`
`Veritext National Deposition & Litigation Services
`Veritext National Deposition & Litigation Services
`866 299-5127
`866 299-5127
`Google - Exhibit 1018, page 362
`
`Page 362
`Page 362
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`Google - Exhibit 1018, page 362
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`

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` REPORTER'S CERTIFICATE TO THE
`REPORTER'S CERTIFICATE TO THE
`
`ORAL DEPOSITION OF
` ORAL DEPOSITION OF
`
` ALFONSO CIOFFI
`ALFONSO CIOFFI
`
` NOVEMBER 7, 2014
`NOVEMBER 7, 2014
`
` I, James M. Shaw, RMR, Certified Shorthand Reporter
`I, James M. Shaw, RMR, Certified Shorthand Reporter
`
`No. 1694 in and for the State of Texas, certify that the
`No. 1694 in and for the State of Texas, certify that the
`
`foregoing deposition of ALFONSO CIOFFI was reported
`foregoing deposition of ALFONSO CIOFFI was reported
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`stenographically by me at the time and place indicated,
`stenographically by me at the time and place indicated,
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`6
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`said witness having been placed under oath by me, and
`said witness having been placed under oath by me, and
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`11
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`that the deposition is a true record of the testimony
`that the deposition is a true record of the testimony
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`given by the witness.
`given by the witness.
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`13
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`I further certify that I am neither counsel for nor
` I further certify that I am neither counsel for nor
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`related to any party in this cause and am not
`related to any party in this cause and am not
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`financially interested in its outcome.
`financially interested in its outcome.
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`Certified to by me on this 11th day of November,
` Certified to by me on this 11th day of November,
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`2014.
`2014.
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` ______________________________________
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`James M. Shaw, RMR, Texas CSR No. 1694
` James M. Shaw, RMR, Texas CSR No. 1694
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` Expiration date: 12/31/2016
`Expiration date: 12/31/2016
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`Page 513
`Page 513
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`Veritext National Deposition & Litigation Services
`Veritext National Deposition & Litigation Services
`866 299-5127
`866 299-5127
`Google - Exhibit 1018, page 513
`
`Google - Exhibit 1018, page 513