PATENT NOS: 5,978,791; 6,415,280; 7,945,544; 7,945,539; 7,949,662; 8,001,096
`Moore, Bryan Keith
`June 27, 2013
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`TRIAL NOS.:
`
`IPR 2013—00082 through 2013~OOO87
`
`PATENT NOS:
`
`5,
`
`978,791;
`
`6,415,280;
`
`7,945,544;
`
`7,
`
`945,539;
`
`7,949,662;
`
`8,001,096
`
`PATENT OWNERS:
`
`PERSONALWEB TECHNOLOGIES, LLC
`
`& LEVEL 3 COMMUNICATIONS
`
`
`
`m;«.;nm?|:«mdwwza5:403,ms.
`
`ffimfiww.‘
`armsia
`
`a»?,
`
`PETITIONER:
`
`
`EMC CKHKPORATZON & VMWARE,
`
`INC.
`
`
`INVENTOR:
`
`DAV
`
`
`ID A.
`
`FARBER and RONALD D. LACHMAN
`
`
`
`DEPOSITION OF BRYAN KEITH MOORE
`
`Thursday,
`
`June 27, 2013
`
`New York, New York
`
`9:33 a,m.
`
`
`"REPORTED BY:
`
`Josephine H. Fassett, RPR, CCR CLR
`
`
`
`
`
`fibkafiéimfimmfimtw‘mmmmxmmm:w
`
`
`
`
`
`MawXNMwA/‘Mwmflm‘nysiwezamwémmmugnwmwnmmmmqmmgammaa.mwmymmswhammuxmuwmvmwfiwmwéwmw
`
`202—220—41 58
`
`Henderson Legal Services, Inc.
`wwwhenderson ega ser ‘
`
`
`
`.
`
`I
`
`
`Moore, Bryan Keith
`June 27, 2013
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`TRIAL NOS.:
`
`IPR 2013—00082 through 2013~OOO87
`
`PATENT NOS:
`
`5,
`
`978,791;
`
`6,415,280;
`
`7,945,544;
`
`7,
`
`945,539;
`
`7,949,662;
`
`8,001,096
`
`PATENT OWNERS:
`
`PERSONALWEB TECHNOLOGIES, LLC
`
`& LEVEL 3 COMMUNICATIONS
`
`
`
`m;«.;nm?|:«mdwwza5:403,ms.
`
`ffimfiww.‘
`armsia
`
`a»?,
`
`PETITIONER:
`
`
`EMC CKHKPORATZON & VMWARE,
`
`INC.
`
`
`INVENTOR:
`
`DAV
`
`
`ID A.
`
`FARBER and RONALD D. LACHMAN
`
`
`
`DEPOSITION OF BRYAN KEITH MOORE
`
`Thursday,
`
`June 27, 2013
`
`New York, New York
`
`9:33 a,m.
`
`
`"REPORTED BY:
`
`Josephine H. Fassett, RPR, CCR CLR
`
`
`
`
`
`fibkafiéimfimmfimtw‘mmmmxmmm:w
`
`
`
`
`
`MawXNMwA/‘Mwmflm‘nysiwezamwémmmugnwmwnmmmmqmmgammaa.mwmymmswhammuxmuwmvmwfiwmwéwmw
`
`202—220—41 58
`
`Henderson Legal Services, Inc.
`wwwhenderson ega ser ‘
`
`
`
`.
`
`I
`
`
`
`Technologies, LLC, pursuant to Notice, at the
`
`O.
`
`
`
`fices o: WilmerHale,
`
`7 World Trade Center, 250
`
`Greenwich Street, New York, New York, on Thursday
`
`
`the 27th day of June 2013, at 9:33 a.m., before
`
`
`Josephine H. Fassett, a Registered Professional
`
`Reporter, Certified Shorthand Reporter, Certified
`
`Livenote Reporter, and Notary Public within and for
`
`PATENT NOS: 5,978,791; 6,415,280; 7,945,544; 7,945,539; 7,949,662; 8,001,096
`Moore, Bryan Keith
`June 27, 2013
`
`
`
`T R A N S C R I P T of the Deposition of
`
`
`
`
`BRYAN KEITH MOORE taken by Patent Owner, PersonalWeb
`
` the State of New York.
`
`202—220—4 1 58
`
`Henderson Legal Services, Inc.
`wwwhendersonlegalservice8.00111
`
`
`
`PATENT NOS: 5,978,791; 6,415,280; 7,945,544; 7,945,539; 7,949,662; 8,001,096
`Moore, Bryan Keith
`June 27, 2013
`
`
`
`
`
` NIXON & VANDERHYE, P.C.
`
`
`Attorneys for Patent Owner, PersonalWeb
`
`Technologies, LLC
`
`901 N. Glebe Road
`
`llth Floor
`
`Arlington, Virginia 22203
`
` BY:
`
`JOSEPH A. RHOA, ESQ.
`
`
`
`TODD M. THOMPSON, ESQ.
`
`
`
`
`WNLMjRHALE
`
`
`Attorneys for Petitioner, EMC Corporation and
`
`VMware,
`
`Inc.
`
`950 Page Mill Road
`
`
`Palo Alto, California 94304
`
`
`
`New York, New York 10022
`
`
`
`
`
`
`fiO8MRT M. GALVIN, ESQ.
`
` BY:
`
`
`BY:
`
`— and —
`
`
`
`ANDREA PACELLI, Ph.D.,
`
`
`
`7 World Trade Center
`
`250 Greenwich Street
`
`202—220—41 5 8
`
`Henderson Legal Services, Inc.
`WWW.hendersonlegalservices.com
`
`
`
`PATENT NOS: 5,978,791; 6,415,280; 7,945,544; 7,945,539; 7,949,662; 8,001,096
`Moore, Bryan Keith
`June 27, 2013
`
`
`
`
`
`WITNESS
`
`
`
`
`
`
`
`BRYAV K4 TH MOORE
`
`By Mr. Rhoa
`
`By Mr. Galvin
`
`
`
`
`
`
`
`
`?ERSONALW$5
`
`
`E X H I
`
`
`
`DESCR1PT1ON
`
`
`
`
`
`
`Exhibit 2006 Request for Comments Document
`
`titled Standard for Interchange
`
`
`USENET Messages dated December
`
`1987 for IPR NO. 2013—00085
`
`
`
`
`
` TS PREVIOUSLY MARKED AND REFER7NCHD
`
`
`
`
`
`
`1012, 1015, 1016, 1018, 1037, 1039, 1041,
`
` 1074, 1075, 1076, 1077
`
`1054, 1056, 1057, 1058, 1059, 1060, 1062,
`
`
`
`
`
`
`
`202-220-415 8
`
`Henderson Legal Services, Inc.
`www.henderson1ega1services.com
`
`
`
`PATENT NOS: 5,978,791; 6,415,280; 7,945,544; 7,945,539; 7,949,662; 8,001,096
`Moore, Bryan Keith
`June 27, 2013
`
`
`
`
`
`
`
`
` DOCUMENTS AND/OR :NFORMAT:
`
`
`
`
`
`Page Line
`
`(none)
`
`
`
`
`
`
`
`ON TO WITNESS NOT TO ANSWER
`
`Page Line
`
`11
`
`17
`
`
`
`
`QUESTIONS MARKED FOR LATiR RUL”
`
`Page Line
`
`(none)
`
`202—220—41 5 8
`
`Henderson Legal Services, Inc.
`wwwhendersomegalservices.com
`
`L
`
`Lflademmfiww,x:w ré,m;::::w;~uNew
`
`
`
`PATENT NOS: 5,978,791; 6,415,280; 7,945,544; 7,945,539; 7,949,662; 8,001,096
`Moore, Bryan Keith
`June 27, 2013
`
` :PULATION
`
`
` “T “S HjREBY STIPULATK
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`between the attorneys for
`
`
`
`herein that filing and sealing be and the same are
`
`hereby waived.
`
`
`
`
`
`:T IS FURTH Q STIRULATED AND AGREED that all
`
`
`
` before the Court.
`
`
`objections, excep- as ,o the form of the question,
`
`
`shall be reserved to tie time of 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 sare force and effect as i: signed and sworn to
`
`
`
`202-220—4 1 5 8
`
`Henderson Legal Services, Inc.
`wwwhendersonlegalservicescom
`
`
`
`PATENT NOS: 5,978,791; 6,415,280; 7,945,544; 7,945,539; 7,949,662; 8,001,096
`Moore, Bryan Keith
`June 27, 2013
`
`(Whereupon, on the record 9:33 a.m.)
`
`
`3 R YvA N
`
`
`K E I T H
`
`M O O R E,
`
`the witness,
`
`having been duly sworn, was examined and
`
`
`testified under oath as follows:
`
` EXAMINATION BY
`
`
`MR. RHOA:
`
`MR. PACELLI: Andrea Pacelli, also on
`
`Q
`
`A
`
`Please state your name for the record.
`
`My name is Bryan Keith Moore. Bryan is
`
`spelled with a Y.
`
`Q
`
`
`I take it that's your only name?
`
`I‘m sorry?
`
`That's your only name that you go by?
`
`I go by Keith generally,
`
`legally it's
`
`MR. RHOA: Could everyone in the room
`
`
`please identify themselves.
`
`My name is Joe Rhoa, counsel for
`
`PersonalWeb. With me is Todd Thompson, also
`
`with the Nixon firm.
`
`MR. GALVIN:
`
`Rob Galvin on behalf 0:
`
`Petitioner, EMC and VMware.
`
`
`
`202-220-415 8
`
`Henderson Legal Services, Inc.
`WWW.henderson1ega1services.com
`
`magma i _
`
`
`
`PATENT NOS: 5,978,791; 6,415,280; 7,945,544; 7,945,539; 7,949,662; 8,001,096
`Moore, Bryan Keith
`June 27, 2013
`
`
`behalf of Petitioner, EMC and VMware.
`
`MR. RHOA:
`
`Thank you.
`
` BY MR. RHOA:
`
`Are you currently employed?
`
`I'm self—employed.
`
`As described in your declaration?
`
`Yes.
`
`How long have you been self-employed?
`
`Since about March 2007.
`
`
`I'm going to hand you a document
`
`Q A
`
`Q A
`
`Q A
`
`Q
`
`
`
`
`identified as Exhibit No. EMC 1056, and that's the
`
`
`Exhibit number from IPR 2013—00087.
`
`
`Mr. Moore, do you have Exhibit 1056 in
`
`anywhere?
`
`
`
`: you?
`
`I do.
`
`Do you recognize this document?
`
`Yes.
`
`What is it?
`
`It's the declaration that I signed.
`
`
`Is your signature in this declaration
`
`A
`
`Q A
`
`Q
`
`A
`
`Q
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`WWW.hendersonlegalservices.com
`
`
`
`PATENT NOS: 5,978,791; 6,415,280; 7,945,544; 7,945,539; 7,949,662; 8,001,096
`Moore, Bryan Keith
`June 27, 2013
`
`
`Do you recall when you signed this
`
`declaration?
`
`A
`
`Q
`
`A
`
`Q
`
`June 13.
`
`
`The materials following your signature.
`
`Yes.
`
`
`in particular, pages 31 to 43, are those
`
`
`pages par: 0:
`
`the declaration or are they simply
`
`
`
`understand the term.
`
`attachments to the declaration?
`
`A
`
`I would call them attachments, as best as
`
`I understand the term.
`
`Q
`
`
`Are you represented by counsel for today's
`
`deposition?
`
`A
`
`Q
`
`
`
`
`
`No.
`
`Are you acting as a testifying consultant
`
`
`
`MR. GALVIN: Objection to the form.
`
`A
`
`As I understand testifying consultant, I
`
`believe the answer is yes, but I don't know I
`
`202-220-415 8
`
`Henderson Legal Services, Inc.
`www.henderson1egalservices.corn
`
`
`
`PATENT NOsz‘ 5,978,791; 6,415,280; 7,945,544; 7,945,539; 7,949,662; 8,001,096
`Moore, Bryan Keith
`June 27, 2013
`
`1
`
`Q
`
`Have you entered into any consulting
`
`
`
`agreement with the WilmerHale firm or with EMC?
`
`A
`
`Q
`
`A
`
`I have with WilmerHale.
`
`
`But not with EMC?
`
`I’d have to look at the details of the
`
`agreement.
`
`'All my contact has been with WilmerHale.
`
`Q
`
`A
`
`Q
`
`A
`
`Q
`
`A
`
`
`Is there just one written agreement?
`
`Yes.
`
`When was that executed?
`
`I believe it was around last November.
`
`What does that agreement say?
`
`You know, it’s been so long that I don't
`
`remember all the details.
`
`Q
`
`A
`
`agreement?
`
`Q
`
`A
`
`Q
`
`How long is it?
`
`How long?
`
`I'm sorry.
`
`How long is the
`
`Yes, how many pages.
`
`I don’t even remember.
`
`What did you do to prepare,
`
`if anything,
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`to get me to understand what the proceedings would
`
`
`for today‘s deposition?
`
`A
`
`We spent some time,
`
`I think, just trying
`
`202—220-4 1 5 8
`
`Henderson Legal Services, Inc.
`WWW.hendersonlegalservices.corn
`
`
`
`
`
`PATENT NOS: 5,978,791; 6,415,280; 7,945,544; 7,945,539; 7,949,662; 8,001,096
`Moore, Bryan Keith
`June 27, 2013
`
`be. What they would be like. Asking some mock
`
`questions. And that's most of it.
`
`Q
`
`Who did you meet with in preparation For
`
`today's deposition?
`
`These two gentlemen.
`
`The WilmerHale attorneys in the room?
`
`Yes.
`
`Next
`
`to you?
`
`Yes.
`
`How long did you meet with them?
`
`Mbst of yesterday.
`
`Did you discuss questions that may be
`
`A
`
`Q A
`
`Q
`
`A
`
`Q A
`
`Q
`
`asked during the deposition with them?
`
`A
`
`Yes.
`
`MR. GALVIN: Objection.
`
`What questions did you discuss with them?
`
`instruction not to answer?
`
`
`MR. GALV:N: Objection, calls for attorney
`
`work product.
`
`I’ll instruct the witness not to
`
`
`
`answer that question.
`
` BY MR. RHOA:
`
`Q
`
`Are you going to follow WilmerHale's
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`WWW.henderson1egalserVices.com
`
`
`
`PATENT NOS: 5,978,791; 6,415,280; 7,945,544; 7,945,539; 7,949,662; 8,001,096
`Moore, Bryan Keith
`June 27, 2013
`
`l
`
`A
`
`Yes, I'll follow that instruction.
`
`2
`
`Q
`
`
`Do you have an understanding of why
`
`3 WilmerHale contacted you regarding this matter?
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`
`
`10
`
`11
`
`A
`
`Q
`
`A
`
`"This" you mean the case?
`
`Yes.
`
`I am one of the co-authors of a document
`
`that was believed to be prior art for the patent
`
`application, or at least one of the patent
`
`applications at issue.
`
`Q
`
`Any other reason you think they contacted
`
`you?
`
`12
`
`MR. GALVIN: And I'll caution the witness
`
`That would have been Shirley Browne, now
`
`13
`
`"4
`
`"5
`
`
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`not to reveal any communications we've had, but
`
`to the extent he's asking for your
`
`understanding, you can answer the question.
`
`A
`
`The only other thing that I can recall is
`
`that I was first contacted by another of the
`
`co-authors on that document who more or less said:
`
`I don't have time to deal with this, would you like
`
`to deal with this.
`
`Who?
`
`Q
`
`A
`
`202—220-41 5 8
`
`Henderson Lega1 Services, Inc.
`wwwhendersonlegalserviceseom
`
`
`
`PATENT NOS: 5,978,791; 6,415,280; 7,945,544; 7,945,539; 7,949,662; 8,001,096
`Moore, Bryan Keith
`June 27, 2013
`
`Shirley Moore, but...
`
`Q
`
`A
`
`Any relationship with you?
`
`No.
`
`A former coworker, but no familial
`
`relationship.
`
`Q
`
`The last name does not indicate any type
`
`
`; marriage or anything?
`
`A
`
`Q
`
`No. No.
`
`Have you received any money from
`
`WilmerHale in connection with this matter?
`
`A
`
`Q
`
`A
`
`Yes.
`
`How much?
`
`I don't have it added up, but have been
`
`money that you've received from WilmerHale in
`
`consulting with them for a few months.
`
`Q
`
`Have you been consulting with them since
`
`
`November of 2012?
`
`A
`
`Q
`
`A
`
`Yes.
`
`How many bills have you sent them?
`
`I don't know that I billed every single
`
`month, but four or five, perhaps.
`
`I don't know.
`
`You know, every month that I had time.
`
`Q
`
`
`Can you give me an approximate amount 0:
`
`
`
`202-220—4 1 5 8
`
`Henderson Legal Services, Inc.
`WWW.hendersonlegalserVices.eom
`
`
`
`PATENT NOS: 5,978,791; 6,415,280; 7,945,544; 7,945,539; 7,949,662; 8,001,096
`Moore, Bryan Keith
`June 27, 2013
`
`connection with this matter so far?
`
`A
`
`I'd rather not.
`
`If I had known,
`
`I could
`
`have looked at my billing records, but without
`
`looking at them, I'd rather not answer that.
`
`Q
`
`As you sit here today, you don't remember
`
`how much money approximately you've received from
`
`them?
`
`A
`
`Q
`
`I do not.
`
`Do you recall the number 0:
`
`bills you've
`
`sent to them?
`
`November?
`
`Again, not with precision.
`
`What's your hourly rate?
`
`Two hundred dollars per hour.
`
`Has that been your rate since November?
`
`Yes.
`
`How long before November did they contact
`
`know, I think it was approximately
`
`A
`
`Q
`
`A
`
`Q A
`
`Q
`
`A
`
`October that I was contacted.
`
`Q
`
`Did you have any communications with any
`
`WilmerHale attorneys prior to your engagement
`
`in
`
`202—220-4 1 5 8
`
`Henderson Lega1 Services, Inc.
`www.henderson1ega15ervices.com
`
`
`
`PATENT NOS: 5,978,791; 6,415,280; 7,945,544; 7,945,539; 7,949,662; 8,001,096
`Moore, Bryan Keith
`>
`June 27, 2013
`
`A
`
`Only such as that immediately led to the
`
`engagement;
`
`in other words, we had a phone call or
`
`two before we actually signed an agreement.
`
`Q
`
`A
`
`
`What was the content of those phone calls?
`
`I think more or less a little bit of
`
`discussion of the terms of the agreement. And they
`
`wanted to know who I was and discuss,
`
`I guess, my
`
`resume and my qualifications. Not much of
`
`substance.
`
`they perceived in their case?
`
`Q
`
`Did you discuss the content of your
`
`declaration on any of those phone calls?
`
`A
`
`Before being engaged, no,
`
`the declaration
`
`hadn‘t been written yet.
`
`Q
`
`Did you discuss any of the information
`
`that is set forth in your declaration on any of
`
`
`those phone calls before you were engaged?
`
`A
`
`I don't believe so, other than the
`
`information in the C.V., which, of course, was part
`
`of qualifications. But I don't think so.
`
`Q
`
`Did WilmerHale's counsel indicate to you
`
`yesterday during your meeting any weaknesses that
`
`202—220—4 1 5 8
`
`Henderson Legal Services, Inc.
`WWW.hendersonlegalservices.com
`
`
`
`PATENT NOS: 5,978,791; 6,415,280; 7,945,544; 7,945,539; 7,949,662; 8,001,096
`Moore, Bryan Keith
`June 27, 2013
`
`
`MR. GALVIN: Objection.
`
`No.
`
`Did you review any deposition transcripts
`
`A
`
`Q
`
`in preparation for today‘s deposition?
`
`A
`
`Q
`
`I have not seen any deposition transcript.
`
`What documents did you review yesterday in
`
`
`preparation for today's deposition?
`
`A
`
`The only documents that we looked at were
`
`documents cited in the declaration.
`
`Q
`
`A
`
`Q
`
`Anything else?
`
`I don‘t believe so.
`
`Who did you meet with yesterday from
`
`WilmerHale?
`
`
`THE WITNI
`
`:
`
`
`I'm sorry,
`
`I don't remember
`
`or less than $20,000 from WilmerHale so far in
`
`your names.
`
`A
`
`Andrea Pacelli and ——
`
`
`MR. GALVZN:
`
`Rob Galvin.
`
`Rob Galvin.
`
`Anyone else?
`
`No.
`
`Q
`
`Would you say that you have received more
`
`
`
`202—220—4 1 5 8
`
`Henderson Legal Services, Inc.
`WWW.henderson1egalserVices.com
`
`
`
`PATENT NOS: 5,978,791; 6,415,280; 7,945,544; 7,945,539; 7,949,662; 8,001,096
`Moore, Bryan Keith
`June 27, 2013
`
`connection with this matter?
`
`Probably less,
`
`I’m pretty sure of that.
`
`More or less than 10,000?
`
`Probably less.
`
`More or less than 5,000?
`
`Probably more.
`
`When was the last time you submitted them
`
`know when it was prepared, but several weeks ago.
`
`End of last month.
`
`
`End of May?
`
`Yes.
`
`
`
`
`Who prepared the first dra.
`
`Q A
`
`Q
`
`declaration?
`
`A
`
`Q
`
`A
`
`Q
`
`Someone at WilmerHale.
`
`
`
`Do you know who?
`
`I don't.
`
`
`
`
`
`When was the first dra
`
`declaration prepared?
`
`A
`
`Q
`
`Several weeks ago.
`
`When did you first see it?
`
`A Well, I know when I first saw it, I don't
`
`202—220—4 1 5 8
`
`Henderson Legal Services, Inc.
`wwwhendersonlegalservices.com
`
`
`
`PATENT NOS: 5,978,791; 6,415,280; 7,945,544; 7,945,539; 7,949,662; 8,001,096
`Moore, Bryan Keith
`June 27, 2013
`
`Q
`
`A
`
`Who sent it to you?
`
`I believe,
`
`I believe it was sent to me by
`
`Andrea Pacelli, but I could be wrong about that.
`
`Q
`
`A
`
`Q
`
`Did he e~mail it to you?
`
`Yeah.
`
`
`When was the first time you met a
`
`WilmerHale attorney in person?
`
`How many draft iterations did your
`
`A
`
`Q
`
`Two days ago.
`
`All the other communications were either
`
`on the phone or by e—mail?
`
`A
`
`Q
`
`Yes.
`
`How many e—mails would you say you
`
`exchanged with WilmerHale attorneys in connection
`
`with this matter?
`
`A
`
`Many. There was lots of e-mail going back
`
`and forth, a lot of it being, "can we have a phone
`
`>call at this time" sort of thing.
`
`Q
`
`A
`
`More or less than 50?
`
`Probably more.
`
`More or less than a hundred?
`
`I don't know.
`
`
`
`202-220—4 1 5 8
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.Com
`
`
`
`PATENT NOS: 5,978,791; 6,415,280; 7,945,544; 7,945,539; 7,949,662; 8,001,096
`Moore, Bryan Keith
`June 27, 2013
`
`
`declaration go through before it was finalized?
`
`A
`
`Q
`
`I want to say three or four.
`
`Were all the changes made to your
`
`declaration performed on WilmerHale's end?
`
`A
`
`No. No, I made extensive changes and sent
`
`them back.
`
`Q
`
`When you made changes, did you send them
`
`proposed changes and they would make them in the
`
`declaration at their end?
`
`A
`
`I edited a Word document with Record
`
`Q
`
`A
`
`A redline?
`
`I'm not sure exactly what that means. But
`
`there's a setting in WOrd that says Record Changes
`
`and then let's the changes be viewed and approved or
`
`not.
`
`Q
`
`A
`
`Q
`
`Track Changes?
`
`I guess that’s it.
`
`And you sent them Track Changes documents
`
`
`
`where you made edits?
`
`A
`
`Q
`
`Correct.
`
`How many modified documents 0:
`
`
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`WWW.henders0n1egalserVices.Com
`
`
`
`PATENT NOS: 5,978,791; 6,415,280; 7,945,544; 7,945,539; 7,949,662; 8,001,096
`Moore, Bryan Keith
`June 27, 2013
`
`did you send?
`
`A
`
`I don't remember.
`
`I want to say two or
`
`Q
`
`A
`
`
`Do you remember what you changed?
`
`Anything I thought was better worded a
`
`different way or that I could add to clarify.
`
`Certainly anything I thought was incorrect.
`
`Q
`
`
`Is there anything that you can recall
`
`looking through your declaration right now that you
`
`recall modifying?
`
`A
`
`Do you want a list of everything I can
`
`felt that that particular effort had been so minor
`
`think of?
`
`Q
`
`A
`
`Yes.
`
`Very well.
`
`So in Paragraph 5,
`
`I originally stated
`
`that -- the original document stated I was a Senior
`
`Research Associate and I changed that to Research
`
`Associate because that was my title when I was
`
`hired.
`
`In Paragraph 7 I believe that I deleted
`
`something about IETF standardization work because I
`
`202—2204 1 5 8
`
`Henderson Legal Services, Inc.
`WWW.hendersonlegalservices.com
`
`2
`
`'«J’yfifiwiuk‘ziflk
`
`
`
`PATENT NOs: 5,978,791; 6,415,280; 7,945,544; 7,945,539; 7,949,662; 8,001,096
`Moore, Bryan Keith
`June 27, 2013
`
`I..\
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`that it didn’t count.
`
`Paragraph 16,
`
`I changed some of the text
`
`about, or perhaps I added text, but I talked about
`
`the Timezone and the Date field as one of the things
`
`that led me to believe that this was an authentic
`
`document he sent post. And also about the Center
`
`field.
`
`in the original draft about the —— I think there was
`
`Paragraph 17, I think I added this
`
`paragraph because the Path header field was one of
`
`the things I found especially convincing.
`
`The end of Paragraph 19,
`
`there was text
`
`about the three characters preceding the @ sign of
`
`any character sequence resembling an e—mail address
`
`that I added.
`
`Paragraph 20,
`
`the sentence about Usenet
`
`availability was one that I added or modified. And
`
`also the last sentence was one that I added.
`
`Paragraph 23, near the bottom of page 12:
`
`However,
`
`the vast majority of Usenet sites, etc.,
`
`and the following sentence were things that I added.
`
`Paragraph 28,
`
`I changed some of the text
`
`202—220—41 5 8
`
`Henderson Legal Services, Inc.
`WWW.hendersonlegalservices.com
`
`
`
`PATENT NOS: 5,978,791; 6,415,280; 7,945,544; 7,945,539; 7,949,662; 8,001,096
`Moore, Bryan Keith
`June 27, 2013
`
`some confusion in the original draft that RFCs were
`
`published by IETF, and I changed it to clarify that
`
`the RFCs are actually published by the RFC Editor,
`
`which is separate from IETF.
`
`I added some clarification to Paragraph 30
`
`about the Network Working Group legend.
`
`I think I changed some of the text in
`
`Paragraph 31 about my familiarity with the RFCs.
`
`Yes,
`
`I did.
`
`I made —- sorry —— added some
`
`specific information about each of the RFCs.
`
`And then some of the text in Paragraph 32
`
`about RFCs were created as plain text files and then
`
`had to be converted to PDF.
`
`I at least edited some
`
`of that explanation.
`
`the description about how Internet drafts were
`
`Paragraph 34 I edited, I believe,
`
`to tweak
`
`some of the specifics about particular electronic
`
`mailing lists that RFC announcements were sent to,
`
`the announcements for RFCs were sent to.
`
`Paragraph 35,
`
`I believe I corrected the
`
`FTP site from the original draft.
`
`Paragraph 44, I believe I edited some of
`
`202—220-4 1 5 8
`
`Henderson Legal Services, Inc.
`www.henderson1ega1services.com
`
`
`
`PATENT NOSI 5,978,791; 6,415,280; 7,945,544; 7,945,539; 7,949,662; 8,001,096
`Moore, Bryan Keith
`June 27, 2013
`
`submitted.
`
`Paragraph 46, I modified some of the
`
`description about Netlib.
`
`Paragraph 47, I edited some of the
`
`description of the search facility of the Netlib2
`
`server.
`
`you know, matters to be or things that might be
`
`I believe I also added the text about
`
`Xnetlib.
`
`I was the first person to add that text in
`
`Paragraph 47.
`
`Paragraph 52, I edited the description of
`
`the process by which academic departments would make
`
`technical reports,
`
`the list of their technical
`
`reports available, and the description of how they
`
`can be obtained.
`
`Those are the changes that I recall
`
`immediately.
`
`Q
`
`As you sit here today, everything else was
`
`in the original draft provided by WilmerHale?
`
`A
`
`No. No. There were several telephone
`
`conversations before the initial draft and during
`
`the process submitting the document and discussing,
`
`202-220—4 1 5 8
`
`Henderson Legal Services, Inc.
`wwwhendersonlegalservices.com
`
`
`
`PATENT NOS: 5,978,791; 6,415,280; 7,945,544; 7,945,539; 7,949,662; 8,001,096
`Moore, Bryan Keith
`June 27, 2013
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`relevant. And a lot of those conversations ended up
`
`in the draft regardless of who typed them in. But
`
`there was text added based on conversations after
`
`the initial draft that I didn't type in.
`
`Some of
`
`the text I did type in but other text was added from
`
`the conversations.
`
`Q
`
`Other than the changes you just described,
`
`can you identify anything else that's in your
`
`declaration that was present in the first draft you
`
`received from WilmerHale?
`
`I'm not sure that that was
`
`A
`
`Let's see.
`
`The original draft I believe only had
`
`maybe the first two Usenet references. Other
`
`references were added in subsequent drafts. That
`
`would have been Paragraph 11.
`
`So, similarly, Paragraph 18 was updated to
`
`incorporate additional Usenet references.
`
`I believe the text in Paragraph 19 about
`
`verifying the authenticity of each of the Usenet
`
`references was not in the original draft.
`
`Similarly, Paragraph 22,
`
`the text about
`
`the Williams reference,
`
`
`
`202—220—4 1 58
`
`Henderson Legal Services, Inc.
`wwwhendersonlega]serviceseom
`
`
`
`PATENT NOS: 5,978,791; 6,415,280; 7,945,544; 7,945,539; 7,949,662; 8,001,096
`Moore, Bryan Keith
`June 27, 2013
`
`in the original draft.
`
`I don't remember. Maybe it
`
`was, but...
`
`Paragraph 47,
`
`I believe that the e—mail,
`
`the mention of the e-mail sent by Shirley Browne was
`
`something that was discovered after, or that e-mail
`
`was discovered after the original draft, and so we
`
`added that text later. Yeah,
`
`the e—mail.
`
`That‘s what I remember.
`
`What's your birth date?
`
`October 12, 1960.
`
`Current address.
`
`No.
`
`Mailing address? Post Office Box 1934.
`
`Residence.
`
`3111 Woodbine Avenue, Knoxville,
`
`Tennessee.
`
`Q
`
`Have you ever been paid for your testimony
`
` fore this case?
`
`A
`
`No.
`
`MR. GALVIN: Objection,
`
`
`lacks foundation.
`
`No.
`
`Are you an attorney?
`
`202-220—4 1 5 8
`
`Henderson Legal Services, Inc.
`WWW.henderson1egalserVices.com
`
`
`
`PATENT NOs: 5,978,791; 6,415,280; 7,945,544; 7,945,539; 7,949,662; 8,001,096
`Moore, Bryan Keith
`June 27, 2013
`
`Have you ever taken any legal classes?
`
`No.
`
`Have you ever had your deposition taken
`
`A
`
`I don't believe so. There was a time when
`
`a deposition was scheduled and I believe I was being
`
`able to opt out. And I don‘t recall a proceeding
`
`like this one.
`
`Q
`
`A
`
`remember.
`
`What
`
`type of matter was that related to?
`
`That's been so long ago I don't even
`
`Q
`
`You don't recall what your deposition was
`
`Yes, I see that.
`
`going to be taken concerning?
`
`A
`
`Q
`
`A.
`
`Q
`
`I don't.
`
`
`Do you have any patents?
`
`I do not.
`
`
`
`Please refer to Paragraph 38 of
`
`declaration.
`
`A
`
`Q
`
`(Complies.)
`
`
`Do you see where it says:
`
`
`i have personal
`
`
`
`knowledge of each 0: the LZFN references?
`
`A
`
`202-220—4 1 5 8
`
`Henderson Legal Services, Inc.
`wwwhendersonlegalservices.com
`
`
`
`
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`other documents that you discuss in your
`
`declaration?
`
`
`MR. GALVIN: Objection.
`
`A
`
`I did not originally draft the document,
`
`so I suspect because I would not have known the best
`
`form to put things in, so I made sure that I agreed
`
`PATENT NOS: 5,978,791; 6,415,280; 7,945,544; 7,945,539; 7,949,662; 8,001,096
`Moore, Bryan Keith
`June 27, 2013
`
`1
`
`Q
`
`Why didn't you say that about any of the
`
`eyes, would you consider that to be personal
`
`8 with the text that was in the document. But I
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`didn't choose whether to say I have personal
`
`knowledge of this and not to say it about something
`
`else.
`
`Q
`
`
`What's your understanding of what
`
`"personal knowledge" means, as used in your
`
`declaration?
`
`A
`
`I hadn‘t tried to nail it down. But when
`
`I participated as an author or co—author in a
`
`document, and I had participated in discussions
`
`leading to the publication of that document,
`
`then I
`
`certainly considered that personal knowledge.
`
`Q
`
`What about something you read in a
`
`21 magazine or newspaper, but did not see with your own
`
`22
`
`202—220—4 1 5 8
`
`Henderson Lega1 Services, Inc.
`wwhendersonlegalservices.com
`
`
`
`PATENT NOS: 5,978,791; 6,415,280; 7,945,544; 7,945,539; 7,949,662; 8,001,096
`Moore, Bryan Keith
`June 27, 2013
`
`knowledge or not?
`
`A
`
`Q
`
`A
`
`Q
`
`I suppose it might depend on the context.
`
`
`Are you a sports fan at all?
`
`No.
`
`
`MR. GALVIN:
`
`NO luck with that.
`
`MR. RHOA:
`
`No luck with that again.
`
`Any hobbies?
`
`Several.
`
`Can you give me one that you don't mind
`
`then I might
`
`talking about for an example question.
`
`A
`
`Q
`
`Aviation.
`
`
`If you read in an aviation magazine that a
`
`particular plane just made a flight from Point A to
`
`Point B, but you didn’t see it happen, would you
`
`consider that to be personal knowledge or not?
`
`MR. GALVIN: Objection, calls for a legal
`
`conclusion.
`
`A
`
`I don't think I would consider it personal
`
`knowledge unless I had some opinion about that
`
`incident that was based on actual experience.
`
`So,
`
`for instance, if I had flown the same type of
`
`airplane over a similar distance,
`
`202—220—4 1 5 8
`
`Henderson Legal Services, Inc.
`www.henderson1egalservices.com
`
`
`
`PATENT NOS: 5,978,791; 6,415,280; 7,945,544; 7,945,539; 7,949,662; 8,001,096
`Moore, Bryan Keith
`June 27, 2013
`
`believe I had personal knowledge relating to the
`
`incident that was reported.
`
`Q
`
`Would you consider the fact that the plane
`
`went
`
`
`
`from Point A to Point 3,
`
`that you read in this
`
`magazine, would you consider that fact to be within
`
`your personal knowledge or not?
`
`A
`
`Q
`
`I don't --
`
`
`if you had not seen it happen.
`
`
`MR. GALVIN: Objection to the form.
`
`I don't think so.
`
`MR. RHOA:
`
`I would like to ask the court
`
`reporter to label a document with an exhibit
`
`number, if that is okay.
`
`
`
`In particular, i;
`
`
`
`this could be labeled with Txhibit 9006.
`
`(Request for Comments Document titled
`
`
`Standard for Interchange USENET Messages
`
`dated December 1987 for IPR No. 2013—00085
`
`
`marked as PersonalWeb Exhibit 2006, as of
`
`this date.)
`
`wasn't identified in the Notice of Examination.
`
`MR. GALVIN: Counsel, before we begin the
`
`examination, i'd just note that this exhibit
`
`
`
`
`
`
`
`
`
`202—220—4 1 5 8
`
`Henderson Legal Services, Inc.
`wwwhendersonlegalserviceseom
`
`,
`
`
`
`PATENT NOS: 5,978,791; 6,415,280; 7,945,544; 7,945,539; 7,949,662; 8,001,096
`Moore, Bryan Keith
`June 27, 2013
`
`Is it your understanding that cross—examination
`
`under the interparty's review rules, you are
`
`entitled to use exhibits which were not
`
`previously noticed?
`
`MR. RHOA: Yes.
`
`MR. GALVIN:
`
`I will reserve our right, any
`
`rights we have if to challenge that, but I'll
`
`let the examination proceed.
`
`MR. RHOA: This number Exhibit 2006
`
`effect as of the time that these, I believe all of
`
`
`corresponds to ZPR No. 2013—00085.
`
`
`
` BY MR. RHOA:
`
`
`
`Do you have Exhibit 2006 in front of you?
`
`I do.
`
`
`
`Do you recognize this document?
`
`Yes,
`
`I do.
`
`What is it?
`
`It's RFC 1036.
`
`The title is Standard for
`
`Q A
`
`Q
`
`A
`
`Q
`
`A
`
`Interchange of USENET Messages.
`
`It's, I believe,
`
`the current standard for interchange Usenet messages
`
`and also the standard —- it‘s the current standard
`
`for formatted Usenet messages, and the standard in
`
`202—220—4 1 5 8
`
`Henderson Legal Services, Inc.
`WWW.henderson1egalserVices.com
`
`
`
`PATENT NOS: 5,978,791; 6,415,280; 7,945,544; 7,945,539; 7,949,662; 8,001,096
`Moore, Bryan Keith
`June 27, 2013
`
`these cited Usenet messages were posted.
`
`Q
`
`A
`
`Q
`
`A
`
`
`So this is the standard that was in e:’
`
`Yes.
`
`How about 1995?
`
`I believe so.
`
`I don't think it's been
`
`
`
`updated since then.
`
`Q
`
`
`When was the first time you saw this
`
`document?
`
`A
`
`The late 1980s, I believe.
`
`Perhaps not
`
`immediately after publication, but Circa, yeah, 1989
`
`perhaps.
`
`Q
`
`A
`
`Q
`
`Did you author this document?
`
`No,
`
`I did not.
`
`Do you have any personal knowledge
`
`regarding who authored this document?
`
`A
`
`I don't believe I ever met either the
`
`authors or discussed anything with them directly.
`
`That was prior to my involvement in IETF.
`
`Q
`
`
`
`Do you have any personal knowledge with
`
`respect to who actually authored this document?
`
`A
`
`All I know is what the document says and
`
`202—220-4 1 5 8
`
`Henderson Legal Services, Inc.
`WWhendersonlegalservices.com
`
`. _, , sea-mm»-
`
`
`
`PATENT NOS: 5,978,791; 6,415,280; 7,945,544; 7,945,539; 7,949,662; 8,001,096
`Moore, Bryan Keith
`June 27, 2013
`
`what the bibliographic entries for the document say,
`
`which is consistent with what the document says.
`
`Q
`
`So you don't have any personal knowledge
`
`regarding who prepared or wrote this document?
`
`A
`
`Q
`
`I don't believe so.
`
`Do you have any personal knowledge
`
`regarding how this document was prepared?
`
`A
`
`Q
`
`Specifically to this document, no.
`
`So you say this document relates to the
`
`standard for Usenet messages;
`
`is that right?
`
`A
`
`Q
`
`A
`
`Yes.
`
`Can you turn to Section 2.1.
`
`(Complies.)
`
`The pagination's wrong.
`
`Anyway, okay, yes.
`
`
`What is the name of Section 2.1?
`
`Required Header Lines.
`
`Can you turn to Section 2.1.6.
`
`Yes.
`
`What does that say?
`
`It says "Path" is the title of the
`
`Q
`
`A
`
`Q A
`
`Q A
`
`So in 1991 was the "Path" —— and put Path
`
`section.
`
`202-220—4 1 5 8
`
`Henderson Legal Services, Inc.
`WWW.hendersonlegalservices.com
`
`
`
`PATENT NOS: 5,978,791; 6,415,280; 7,945,544; 7,945,539; 7,949,662; 8,001,096
`Moore, Bryan Keith
`June 27, 2013
`
`in quotes —— a required header line?
`
`network, a new system prepends its name to the Path
`
`I believe it was.
`
`
`Is that consistent with your recollection?
`
`Yes.
`
`From that time?
`
`Yes.
`
`I mean, I was not —— certainly as of
`
`A
`
`Q A
`
`Q A
`
`the late 19805/early 1990s that's consistent because
`
`I wasn’t immediately familiar with Usenet at the
`
`time of the publication of this document.
`
`Q
`
`A
`
`When did you become familiar with it?
`
`Again, around the late l9SOs/early ——
`
`yeah, late 19805.
`
`Q
`
`A
`
`How are Path headers created?
`
`The initial system -— this is —— okay.
`
`It's when a dependent bit on the specific way that
`
`things are transmitted, but it starts out with the
`
`user name of the person that originates the
`
`document. And then to that the name of the system
`
`where the document was originated is prepended, so
`
`separated by an exclamation point. And then at each
`
`hop that the document traverses in the Usenet
`
`202—220—4 1 5 8
`
`Henderson Legal Services, Inc.
`WWW.hendersonlegalservices.com
`
`
`
`PATENT NOs: 5 ,978 ,79;1 6,415,280; 7,945 ,544; 7 ,945 ,;539 7 ,949 ,66;2 8,001,096
`Moore, Bryan Keith
`June 27, 2013
`
`header.
`
`Q
`
`So the Path header is not inserted by a
`
`person;
`
`is that right?
`
`A
`
`Q
`
`That's correct.
`
`Are you familiar with the phrase "key word
`
`A
`
`I don't recall having seen that phrase
`
`used in any specific way.
`
`Q
`
`I would like to hand you a document that
`
`
`is labeled IMC Exhibit 1053 in IPR 2013—00087.
`
`
`
`
`Do you have Exhibit EMC 1053 in front of
`
`Do you have any personal knowledge
`
`A
`
`Q
`
`document?
`
`A
`
`Q
`
`I do.
`
`
`When was the first time you saw this
`
`A few weeks ago.
`
`Do you recall personally seeing this
`
`
`document at any time before April ll, 1995?
`
`No.
`
`Did you author this document?
`
`I did not.
`
`
`
`202—220—41 5 8
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`
`
`PATENT NOS: 5,978,791; 6,415,280; 7,945,544; 7,945,539; 7,949,662; 8,001,096
`Moore, Bryan Keith
`June 27, 2013
`
`regarding who authored this document?
`
`A
`
`Q
`
`A
`
`Q
`
`No, I do not.
`
`Did you post this document?
`
`No.
`
`
`i would like to hand you a document
`
`
`identified as Exhibit EMC 1054 in :PR 2013—00087.
`
`regarding how this document was created?
`
`
`Do you have Exhibit EMC 1054 in front of
`
`
`
`
`
`A
`
`Q
`
`document?
`
`A
`
`Q
`
`Yes.
`
`When was the first time you saw this
`
`A few weeks ago.
`
`Do you recall ever seeing this document
`
`
`fore April ll, 1995?
`
`A
`
`Q
`
`A
`
`Q
`
`I don't recall that.
`
`Did you author this document?
`
`No.
`
`
`Do you have any personal knowledge
`
`regarding who authored this document?
`
`A
`
`Q
`
`I do not.
`
`Do you have any personal knowledge
`
`202-2204 1 5 8
`
`Henderson Legal Services, Inc.
`WWWhendersonlegaIserVices.com
`
`
`
`PATENT NOs: 5,978,791; 6,415,280; 7,945,544; 7,945,539; 7,949,662; 8,001,096
`Moore, Bryan Keith
`June 27, 2013
`
`A
`
`Q
`
`A
`
`Q
`
`No.
`
`
`Did you post this document?
`
`No.
`
`I‘d like to hand you a document identi:
`
`
`
`
`as Exhibit EMC 1058 in IPR 2013—00087.
`
`Do you have Exhibit EMC 1058 in fro
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