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` UNITED STATES PATENT AND TRADEMARK OFFICE
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`______________________________
`
`ABB, INC., ) Trial No. IPR2013-00062
`
` ) IPR2013-00063
`
` Petitioner, ) IPR2013-00074
`
` ) (joined) IPR2013-00282
`
` vs. ) (joined) IPR2013-00286
`
` )
`
`ROY-G-BIV CORPORATION, ) US Patent No. 6,516,236
`
` )
`
` Patent Owner. )
`
`_____________________________)
`
` DEPOSITION OF DAVID B. STEWART, Ph.D.
`
` 1111 Third Avenue, Suite 3400
`
` Seattle, Washington
`
`DATE: Tuesday, October 8, 2013
`
`REPORTED BY: Donald W. McKay, RMR, CRR, CCR 3237
`
`PAGES 1 - 108
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` UNITED STATES PATENT AND TRADEMARK OFFICE
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`______________________________
`
`ABB, INC., ) Trial No. IPR2013-00062
`
` ) IPR2013-00063
`
` Petitioner, ) IPR2013-00074
`
` ) (joined) IPR2013-00282
`
` vs. ) (joined) IPR2013-00286
`
` )
`
`ROY-G-BIV CORPORATION, ) US Patent No. 6,516,236
`
` )
`
` Patent Owner. )
`
`_____________________________)
`
` DEPOSITION OF DAVID B. STEWART, Ph.D.
`
` 1111 Third Avenue, Suite 3400
`
` Seattle, Washington
`
`DATE: Tuesday, October 8, 2013
`
`REPORTED BY: Donald W. McKay, RMR, CRR, CCR 3237
`
`PAGES 1 - 108
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`
`
`APPEARANCES:
`
`FOR ABB, INC.: RICHARD D. McLEOD, ESQ.
` DUNCAN STARK, ESQ.
` Klarquist Sparkman LLP
` One World Trade Center
` 121 S.W. Salmon Street
` Suite 1600
` Portland, Oregon 97204
` 503.595.5300
` rick.mcleod@klarquist.com
` duncan.stark@klarquist.com
` -and-
` STEVEN M. AUVIL, ESQ.
` Squire Sanders
` 4900 Key Tower
` 127 Public Square
` Cleveland, Ohio 44114
` 216.479.8500
` steven.auvil@squiresanders.com
` -and-
` ROBERT P. NUPP, ESQ.
` ABB, Inc.
` Legal Department - 4U6
` 29801 Euclid Avenue
` Wickliffe, Ohio 44092
` 440.585.7826
` robert.p.nupp@us.abb.com
`
`FOR ROY-G-BIV CORP. RICHARD S. MEYER, ESQ.
`AND THE DEPONENT: Boies Schiller & Flexner LLP
` 5301 Wisconsin Avenue N.W.
` Washington, D.C. 20015
` 202.237.2727
` rmeyer@bsfllp.com
` -and-
` RICHARD BLACK, ESQ.
` Foster Pepper PLLC
` 1111 Third Avenue
` Suite 3400
` Seattle, Washington 98101
` 206.447.6251
` blacr@foster.com
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`
`
` I N D E X
`EXAMINATION BY PAGE
`________________________________________________________
`
`MR. McLEOD.......................................... 4
`
` E X H I B I T S
`
`NUMBER DESCRIPTION PAGE
`________________________________________________________
`Exhibit 1100 Chimera 3.2 Overview 91
`Exhibit 1101 Paper titled The Chimera Methodology: 94
` Designing Dynamically Reconfigurable
` Real-Time Software using Port-Based
` Objects
`
`Exhibit 1102 Paper titled Chimera II: A Real-Time 97
` UNIX-Compatible Multiprocessor
` Operating System for Sensor-Based
` Control Applications
`Exhibit 1103 Program Documentation titled Chimera 99
` 3.2, The Real-Time Operating System
` for Reconfigurable Sensor-Based
` Control Systems
`
` E X H I B I T S (referenced)
`
`NUMBER PAGE
`________________________________________________________
`Exhibit 1002 35
`Exhibit 1004 36
`Exhibit 1048 90
`Exhibit 2011 26
`Exhibit 2012 102
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` Seattle, Washington; Tuesday, October 8, 2013
`
` 9:39 a.m.
`
`DAVID B. STEWART, Ph.D. called as a witness in the
`
` above-entitled cause, being
`
` first duly sworn, testified
`
` as follows:
`
` E X A M I N A T I O N
`
`BY MR. McLEOD:
`
` Q. Good morning, Dr. Stewart. My name is Rick
`
`McLeod. I'm an attorney for ABB. You've probably been
`
`told that. We're here to take your testimony today in
`
`the matter of ABB versus ROY-G-BIV Corporation.
`
` Now, for the purposes of our proceeding today,
`
`I'd like to use RGB as an abbreviation for ROY-G-BIV.
`
`Do you generally understand that? Is that okay with
`
`you?
`
` A. Yes. That's fine.
`
` Q. In this proceeding, you submitted a number of
`
`declarations. Is that correct?
`
` A. That's correct.
`
` Q. And your first declaration, you submitted in
`
`IPR-00062. Correct?
`
` MR. MEYER: Object to the form.
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` THE WITNESS: I don't recall the exact order
`
`that a couple of them were submitted. And for the
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`numbers, I'd rather look at the actual declaration. I
`
`didn't memorize all the numbers on these.
`
`BY MR. McLEOD:
`
` Q. I'm not trying to trick you on the numbers.
`
` A. But still, just to --
`
` Q. At the end of this declaration, you submitted a
`
`resume. Do you recall that?
`
` A. Yes, I do.
`
` Q. Now, at the time that the declaration was
`
`provided, was the information on it accurate?
`
` A. I did find one error in it, which was my contact
`
`info. Because by the time I submitted this, I had
`
`relocated to Seattle. I was originally in Maryland. So
`
`this resume added my new position, but I missed the
`
`personal address and information.
`
` Q. So, if I understand correctly, you're currently
`
`employed at Physio-Control in the Seattle area?
`
` A. That's correct.
`
` Q. But your address was out of date?
`
` A. Correct.
`
` Q. Looking through your resume here, I note a lot
`
`of experience in a variety of fields. I don't see a lot
`
`of robotics work. Is that correct?
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` MR. MEYER: Object to the form.
`
` THE WITNESS: In terms of -- what are you
`
`looking for with regards to robotics work? My whole
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`Ph.D. was in robotics.
`
`BY MR. McLEOD:
`
` Q. Your Ph.D., 1994, a long time ago. I'm talking
`
`about your work experience after leaving university. Do
`
`you have significant work experience with robotics since
`
`leaving Carnegie Mellon in 1994?
`
` A. Not specifically in robotics.
`
` Q. Now, you understand that these patents involve
`
`motion control devices?
`
` A. Yes, I do understand that.
`
` Q. What do you understand the term "motion control
`
`devices" to mean?
`
` A. I understand a motion control device to be an
`
`electromechanical system that is computer controlled and
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`that provides motion or that can provide motion.
`
` Q. So is that broader than robotics?
`
` A. Yes.
`
` Q. Now, would a person of ordinary skill in the
`
`art, hearing the term "motion control device," at
`
`Carnegie Mellon specifically, would they associate
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`motion control device with the robotics field
`
`specifically?
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` MR. MEYER: Objection, scope.
`
` THE WITNESS: They would -- a person of ordinary
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`skill would understand motion control device the way I
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`had explained it. Robotics is one example of motion
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`control.
`
`BY MR. McLEOD:
`
` Q. What do you work on at Physio-Control?
`
` A. I work on defibrillators and monitors for vital
`
`sign monitoring.
`
` Q. Is vital sign or defibrillators computer
`
`controlled?
`
` A. Yes. They are computer controlled.
`
` Q. When a defibrillator is actively operated, what
`
`happens?
`
` MR. MEYER: Object to the form.
`
`BY MR. McLEOD:
`
` Q. How is a defibrillator intended to be used?
`
` A. The purpose of a defibrillator is to resuscitate
`
`someone in cardiac arrest.
`
` Q. What happens when a defibrillator is used on a
`
`person in cardiac arrest?
`
` MR. MEYER: Objection, form.
`
` THE WITNESS: That's too general a question.
`
`There are many different things that are happening. Can
`
`you be more specific, please.
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`BY MR. McLEOD:
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` Q. Does it cause the person to move? Does it cause
`
`muscles to contract?
`
` MR. MEYER: Objection, compound.
`
` THE WITNESS: Those are physiological aspects.
`
`I am not qualified to comment on those specific
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`physiological responses.
`
`BY MR. McLEOD:
`
` Q. Does it cause muscles to contract? It's a very
`
`simple question. Is that not the purpose of a
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`defibrillator?
`
` MR. MEYER: Object to the form.
`
` THE WITNESS: I don't think I could give an
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`answer as to specifically what happens in response to
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`defibrillation.
`
`BY MR. McLEOD:
`
` Q. You wrote a Ph.D. thesis. Correct?
`
` A. That's correct.
`
` Q. And your Ph.D. thesis is entitled, "Realtime
`
`Software Design and Analysis of Reconfigurable
`
`Multi-Sensor Based Systems." Is that correct?
`
` A. That's correct.
`
` Q. Now, it's dated April 1, 1994. Did you graduate
`
`in April?
`
` MR. MEYER: Object to the form.
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` THE WITNESS: I don't recall the exact
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`graduation date on my Ph.D. certificate. It was probably
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`end of the semester, which would be sometime in May.
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`This was in partial fulfillment of the requirements.
`
`BY MR. McLEOD:
`
` Q. So you received your Ph.D. around May of 1994?
`
` A. April or May. I don't recall the exact date,
`
`but it was in that time frame.
`
` Q. What did you do after you received your Ph.D.?
`
` A. Can you be more specific.
`
` Q. Well, according to your resume, you went to the
`
`University of Maryland. Is that correct?
`
` A. So you mean work related.
`
` Q. Well --
`
` A. That's why I'm asking to just be more specific
`
`when you say after my Ph.D. I celebrated.
`
` Q. I'm sure. I can't think of a single Ph.D.
`
`student that didn't celebrate immediately after getting
`
`that award.
`
` You went to the University of Maryland.
`
`Correct?
`
` A. That's correct.
`
` Q. When did you start at the University of
`
`Maryland?
`
` A. In August.
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` Q. What did you do between May of 1994 and August
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`of 1994? Did you take time off? Did you go traveling?
`
` A. I don't recall specifically what I had done that
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`summer. I did -- I was involved in -- since I was
`
`relocating between cities, so I at least know that
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`finding a new place in a new city and moving all my
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`stuff was part of the summer, but I can't recall what I
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`had done the entire summer.
`
` Q. Did you continue to work on the Chimera system
`
`between May 1994 and August 1994?
`
` A. I don't recall. I know -- not directly, but I
`
`don't recall if I might have been still advising some of
`
`the others who were using the work.
`
` Q. Let me stop there and just ask, am I pronouncing
`
`Chimera correctly?
`
` A. That's the way we pronounced it. Not
`
`necessarily correctly, according to vocabulary people.
`
`Chimera.
`
` Q. That's the way you --
`
` A. Yeah, Chimera is the official pronunciation. We
`
`always use Chimera. So I know what you're saying.
`
` Q. I just wanted to clarify that, because it drives
`
`me nuts.
`
` A. I appreciate that.
`
` Q. Between May of 1994 and August of 1994, did you
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`witness any demonstrations using either Onika or
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`Chimera?
`
` A. I don't recall.
`
` Q. Did you work on the Onika software at any time
`
`between May of 1994 and August of 1994?
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` A. Can you clarify what you mean by "work on."
`
` Q. Did you engage in any programming of the Onika
`
`system during that time period?
`
` A. Well, I was not involved in the programming of
`
`Onika, so the answer to that specifically is no.
`
` Q. Were you using Onika during that time period?
`
` A. I was not using Onika during that time period.
`
` Q. You say here you were retained as an expert by
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`ROY-G-BIV Corporation. Correct?
`
` A. Correct.
`
` Q. How were you contacted by ROY-G-BIV, or who
`
`contacted you maybe, the more appropriate question?
`
` A. I do not recall which individual, but it was one
`
`of the counsel members from Foster Pepper.
`
` Q. When were you first contacted about the
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`ROY-G-BIV case?
`
` A. I don't recall the exact date, but it was
`
`somewhere in the April 2013 time frame, plus or minus a
`
`month.
`
` Q. Prior to your contact, had you ever heard of
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`ROY-G-BIV?
`
` A. No.
`
` Q. Had you ever heard of David Brown?
`
` A. I don't think so.
`
` Q. Had you ever heard of Jay Clark?
`
` A. No.
`
` Q. Did you sign an engagement agreement with
`
`ROY-G-BIV?
`
` A. Not with ROY-G-BIV.
`
` Q. Did you sign an engagement agreement with Foster
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`Pepper?
`
` A. Yes, I did.
`
` Q. Did that engagement agreement include terms of
`
`compensation?
`
` A. Yes, it did.
`
` Q. What are the terms of that compensation?
`
` A. $325 per hour.
`
` Q. Since your engagement, how many hours have you
`
`spent working on this case, roughly?
`
` A. Roughly -- I don't know the exact number, but
`
`probably a bit more than 100.
`
` Q. Prior to you joining Carnegie Mellon, did you
`
`have a background in robotics?
`
` A. Prior to -- clarify what you mean by
`
`"background."
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` Q. Had you developed or designed any robotics
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`systems?
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` A. At that point, no, I had not developed or
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`designed systems.
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` Q. Had you programmed any robotics systems?
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` A. I had not programmed robotics systems.
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` Q. Would you consider yourself an expert in
`
`robotics?
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` A. I would consider myself an expert in the
`
`low-level aspects of robotics, including the operating
`
`systems, the device drivers, and the kernel services.
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` Q. Have you published any papers in robotics
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`journals since leaving Carnegie Mellon that didn't have
`
`Dr. Pradeep Khosla's name on it?
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` A. I don't recall if I have any publications in
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`robotics journals without his name.
`
` Q. Now, as I understand it, you developed the
`
`Chimera II realtime operating system. Is that correct?
`
` A. That is correct.
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` Q. You also developed the Chimera 3 realtime
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`operating system. Is that correct?
`
` A. That is correct.
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` Q. A lot of your thesis is devoted to the Chimera
`
`realtime operating system. Correct?
`
` A. That's correct.
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` Q. Now, after you were engaged in this case, have
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`you gone back and read through your thesis in its
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`entirety?
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` A. Define what you mean by read. When you say I
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`read through it, can you be more specific.
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` Q. I thought that term was pretty straight. Did
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`you open the first page and start reading and then read
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`to the end?
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` A. I reviewed beginning to end. It's a very long
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`document and I just didn't have the time to read word
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`for word from beginning to end, but I did scan through,
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`you know, section by section, to refresh my mind.
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` Q. So you --
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` A. So I've looked at it.
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` MR. MEYER: One person at a time. So let him
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`ask the question, then break so you don't talk over each
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`other.
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` MR. McLEOD: I apologize. I normally start off
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`a deposition by trying to keep the court reporter happy.
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`I will try not to talk over you. Please wait until my
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`questions are finished.
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` THE WITNESS: I apologize.
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` MR. McLEOD: And his job will be easier.
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` Thank you.
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` MR. MEYER: No problem. Give me an opportunity
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`to object, too.
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`BY MR. McLEOD:
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` Q. So it would be fair to say that you skimmed
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`through the document rather than read it as if it were a
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`document you had never seen before.
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` MR. MEYER: Objection, form.
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` THE WITNESS: I skimmed through the section or
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`the entire document initially, and I read in more detail
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`any sections that were pertinent to anything that I
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`needed to know more about. So there are some sections
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`that I read in more detail.
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`BY MR. McLEOD:
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` Q. Now, are you familiar with the Ph.D. thesis of
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`Matthew Gertz?
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` A. Can you clarify what you mean by "familiar," be
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`more specific, please.
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` Q. Well, let's start off more simply. You know who
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`Matthew Gertz is. Correct?
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` A. Yes, I do.
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` Q. Dr. Gertz was a colleague of yours at Carnegie
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`Mellon?
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` A. Yes, he was.
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` Q. You were good friends?
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` A. Yes, we were. Yes, we are.
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` Q. You are currently good friends with Dr. Gertz.
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` A. Yes.
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` Q. Of course.
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` You were aware that Dr. Gertz wrote a thesis as
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`well. Yes?
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` A. Yes. I was aware.
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` Q. Now, in your report, you said that you've
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`reviewed a thesis written by Dr. Gertz, and the thesis
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`is entitled, "A Visual Programming Environment for
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`Realtime Control Systems." It was identified as ABB's
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`Exhibit No. 2 in the 062 IPR.
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` A. Correct.
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` Q. Now, did you read that thesis?
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` A. As with -- I read the entire thesis back in '94,
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`'95, before it was published, as I was part of his
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`review committee; and I reviewed it again, similar to
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`the way I reviewed mine, which is skimming the entire
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`document, and reading in more detail the pertinent
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`sections for where I was asked to provide opinions.
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` Q. So you did not read in detail the complete
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`thesis. Is that correct?
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` MR. MEYER: Object to form.
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` THE WITNESS: I just stated that I did read the
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`complete thesis back in --
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`BY MR. McLEOD:
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` Q. I'm sorry. Since your employment in this case,
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`you did not read this thesis in detail. Is that correct?
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` MR. MEYER: Object to the form.
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` THE WITNESS: As I stated, I reviewed it, full --
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`couple hundred pages of it, and read in more detail any
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`section that was pertinent to this particular case.
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`BY MR. McLEOD:
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` Q. Now, the declaration that you submitted in the
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`062, did you base your opinions on your memory of Onika
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`and Chimera?
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` MR. MEYER: Object to the form.
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` THE WITNESS: I based my opinion on facts, and I
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`reviewed the facts when necessary, and I went back to
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`these documents. Those are the sections I read in more
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`detail.
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`BY MR. McLEOD:
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` Q. Did you draft your declaration?
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` A. Can you clarify what you mean, did I draft it.
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` Q. Did you write the declaration yourself?
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` A. I wrote the declaration with the aid of counsel.
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` Q. When I read through your declaration, I noticed
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`that it has virtually no description of patent law
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`anywhere through it. Are you an expert on patent law?
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` A. No, I'm not an expert on patent law.
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` Q. Are you familiar with patent law?
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` A. By familiar -- again, I don't know what your
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`term of -- familiar could mean a lot of different
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`things, but I do know what patents are. I am familiar
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`with some aspects of patents in terms of submitting,
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`reviewing, claim construction. So I'm familiar with
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`some aspects of it. I can't -- I don't know enough
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`about patent law to say I'm familiar with all of it.
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` Q. Do you understand what it means to use the
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`broadest reasonable interpretation of a claim?
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` A. I understand that terminology.
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` Q. You understand the terminology, but do you
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`understand what the terminology means? Did you apply
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`that terminology in drafting this report?
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` MR. MEYER: Object to the form.
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` THE WITNESS: I am not sure what you mean by did
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`I apply the terminology. That's my answer.
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`BY MR. McLEOD:
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` Q. In each case -- I'm sorry. I'll ask more
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`specific questions later. I'm not trying to trick you
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`here. I'm just trying to get an idea of -- did anyone
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`explain to you the concept of obviousness as it's used
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`in patent law?
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` A. The concept was explained, yes.
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` Q. Did you apply that concept in drafting this
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`report?
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` A. Again, that's too general, because the report
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`contains many different aspects. My opinions were not
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`addressing obviousness; they were addressing specific
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`claim terms.
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` Q. What is your understanding of the law on
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`obviousness?
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` MR. MEYER: Object to form.
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` THE WITNESS: I think that's too general.
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`BY MR. McLEOD:
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` Q. It's too vague?
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` A. Too vague. I need more specific questions.
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` Q. What is your understanding of 35 USC
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`Section 103(a)?
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` MR. MEYER: Object to the form.
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` THE WITNESS: I don't know what those numbers
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`refer to.
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`BY MR. McLEOD:
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` Q. Did you read 35 USC Section 103(a), obviousness,
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`before drafting this report?
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` MR. MEYER: Objection, form.
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` THE WITNESS: I don't recall reading that
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`completely. I might have read snippets of it, but I
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`don't recall specifically.
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`BY MR. McLEOD:
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` Q. Have you ever heard of a case, a Supreme Court
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`case, called Graham v. John Deere?
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` A. No, I have not.
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` Q. Was that case explained to you by your attorneys
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`before you drafted this report?
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` A. I don't recall.
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` Q. Have you ever heard of a case called KSR
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`International versus Teleflex?
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` A. I don't recall such a case.
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` Q. Was that case explained to you by your attorneys
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`before you drafted that report?
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` MR. MEYER: I'm going to object to this. You're
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`inquiring into privileged matters.
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` MR. McLEOD: I don't believe it's privileged at
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`all.
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` MR. MEYER: Don't reveal the contents of any
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`discussions that you've had with attorneys. If you can
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`answer the question without revealing the content of
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`discussions you've had with your attorneys, you may
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`answer.
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` THE WITNESS: I don't recall.
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`BY MR. McLEOD:
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` Q. Who explained the law of obviousness to you?
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` MR. MEYER: Object to the form.
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` THE WITNESS: I don't recall specifically.
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`BY MR. McLEOD:
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` Q. In your declaration, you said that you reviewed
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`the board's decisions relating to the petitions. Did
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`you review all of the material that was submitted along
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`with the petitions -- that is, the supporting exhibits --
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`or just those petitions and the prior art you
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`specifically identify here?
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` MR. MEYER: Object to the form.
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` THE WITNESS: I am not sure what you mean by
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`all. I reviewed the documents that were provided to me
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`from counsel.
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`BY MR. McLEOD:
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` Q. In your petition -- I'm sorry. In this
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`declaration, you list the patents, their claims, the
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`petitions, the board's decisions relating to the
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`petitions, and the following references relied on in the
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`petitions, and I'll summarize here, the Gertz thesis,
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`the Stewart thesis, the Morrow paper, the Second Amended
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`Joint Claim Construction and Prehearing Statement. Are
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`those the documents that you reviewed prior to preparing
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`this declaration?
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` A. That is correct.
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` Q. Did you review any other documents prior to
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`preparing this declaration?
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` A. I don't recall reviewing any other documents
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`other than those.
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` Q. So, at that time, you did not review the
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`preliminary claim construction statement that the
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`district court had issued. Is that correct?
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` MR. MEYER: Object to the form.
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` THE WITNESS: I am not sure which document that
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`is, and I don't know if that's included in --
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`BY MR. McLEOD:
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` Q. It's not in this list.
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` MR. MEYER: Object to the form.
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` THE WITNESS: I know the JCCS talks about claim
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`construction. I don't know if that's the document
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`you're referring to or something else.
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`BY MR. McLEOD:
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` Q. Oh, it's not. It's definitely something else.
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` Now, where there is a conflict between the
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`board's decision in claim construction and the Joint
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`Claim Construction Statement, did you adopt the
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`terminology used in the Joint Claim Construction
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`Statement or the board's definitions?
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` MR. MEYER: Objection, foundation, beyond the
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`scope.
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` THE WITNESS: I used the Joint Claim
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`Construction to validate -- when counsel told me that
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`ABB and RGB agreed on construction, I used the Joint
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`Claim Construction to validate that, and there was a
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`section in there that said both parties agree on that.
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`BY MR. McLEOD:
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` Q. Were you informed that there are two different
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`claim construction standards, one that is used by the
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`board and a different one that is used by the District
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`Courts?
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` MR. MEYER: Object. I instruct the witness not
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`to answer. It's attorney-client privileged information
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`and work product.
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`BY MR. McLEOD:
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` Q. Are you aware that there are two different claim
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`construction standards, one used by the board and
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`another used by the District Courts?
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` A. I don't recall those distinctions.
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` Q. Where the board adopted a construction that was
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`different from the District Courts, which construction
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`did you use in forming your opinions?
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` MR. MEYER: Objection, beyond the scope, lack of
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`foundation.
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` THE WITNESS: I believe the constructions that I
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`used have been quoted in here; and the source of that
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`construction, I can't say in every case.
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`BY MR. McLEOD:
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` Q. When you were preparing your declaration, at any
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`point did you consider RGB's infringement contentions in
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`determining which claim construction to use?
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` A. Can you clarify what you mean. I don't
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`understand that question.
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` Q. Are you aware that RGB has accused ABB of
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`infringement of the patent claims?
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` A. I am aware that there is that infringement.
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` Q. Are you aware that specific products are accused
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`of being within the scope of the claims; that is, having
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`every feature of the claims present in them?
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` MR. MEYER: Objection, form, legal conclusions,
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`beyond the scope.
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` THE WITNESS: I am not aware of any details of
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`that litigation.
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`BY MR. McLEOD:
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` Q. So you did not review any of RGB's infringement
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`contentions at all. Is that correct?
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` MR. MEYER: Objection. Same objections.
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` THE WITNESS: It is correct, to my knowledge.
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`BY MR. McLEOD:
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` Q. Let's talk some specifics. Now, you've written
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`some descriptions in your declaration. You have a
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`summary of Chimera and you've written a summary of
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`Gertz' thesis. Is that correct?
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` A. That's correct.
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` Q. In your opinion, are these summaries accurate?
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` MR. MEYER: Object to the form.
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` THE WITNESS: They are accurate to the best of
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`my knowledge.
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`BY MR. McLEOD:
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` Q. Did you verify that they were accurate by
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`referring back to -- I'm sorry.
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` When you characterized the Chimera system, did
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`you confirm the accuracy of the statements by reference
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`to your thesis?
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` A. As I have stated previously, I read through
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`additional details of my thesis anytime that it was
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`pertinent to this declaration. So yes, in those
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`sections that I commented on, I reverified and reread
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`those sections of the thesis in greater detail.
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` Q. In the paragraph summarizing the Gertz thesis,
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`did you review the accuracy of these statements by
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`reference to the Gertz thesis before signing this
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`declaration?
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` A. To the best of my knowledge, they were accurate,
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`and reviewed corresponding to what was in Gertz' thesis.
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` Q. Do you stand by your descriptions of the Gertz
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`reference in your declaration today? Would you like to
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`make any changes?
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` MR. MEYER: Object to the form.
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` THE WITNESS: As I've stated, to the best of my
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`knowledge, at this point, they are accurate.
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`BY MR. McLEOD:
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` Q. In paragraph 27 of your declaration, you state,
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`"Onika is not an execution environment, but rather only
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`a 'visual programming environment.'" Is that correct?
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` A. That's correct.
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` Q. Do you still believe that as you sit here today?
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` A. Yes, I do.
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` Q. Is it your opinion that Onika had no ability to
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`control what was going on in the Chimera realtime system?
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` MR. MEYER: Object to the form.
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` THE WITNESS: That is too vague a question,
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`because control can mean many different things,
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`especially in the context of talking of motion control
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`devices.
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`BY MR. McLEOD:
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` Q. Is it your opinion that Onika did not have the
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`ability to control the execution of code in the Chimera
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`realtime system?
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` A. I don't recall making specific opinions on that.
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`If there is a particular sentence that you're referring
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`to in the declaration, I'd like to reread what I had
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`written in that declaration.
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` Q. Certainly. I pass you a copy of what has been
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`entered as Exhibit 2011 in the 062 proceeding. Turn to
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`paragraph 27 on page 15. Here you state, "Onika is not
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`an execution environment, but rather only a 'visual
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`programming environment.'" Correct?
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` A.
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