UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`if CERTIFIED cob—f"
`
`) >
`
`XILINX,
`
`INC.,
`
`VS.
`
`) CASE:
`
`IPR2013—00112
`
`) Patent 5,779,334
`
`INTELLECTUAL VENTURES I
`
`LLC,
`
`Patent Owner.
`
`)
`
`)
`
`)
`
`********************~k**3kJr*********~k**************~k******
`
`ORAL AND VIDEOTAPED DEPOSITION OF
`
`A. BRUCE BUCKMAN
`
`NOVEMBER 12, 2013
`***************************~k*************~k**********~k~k**
`
`ORAL AND VIDEOTAPED DEPOSITION OF A. BRUCE BUCKMAN,
`
`produced as a witness at the instance of the Patent
`
`Owner, and duly sworn, was taken in the above—styled and
`
`numbered cause on November 12, 2013,
`
`from 11:23 a.m.
`
`to
`
`5:38 p.m., before Lisa C. Hundt, CSR, RPR, CLR in and
`
`for the State of Texas,
`
`reported by machine shorthand,
`
`at the law offices of Haynes and Boone,
`
`located at 2505
`
`North Plano Road, Suite 4000, Richardson, Texas,
`
`in
`
`IVI LLC EXHIBIT 2018
`accordance with the Federal Rules of Civil Procedure and
`XILINX V. IVI LLC
` Case IPR2013-00112
`
`the provisions stated on the record or attached hereto.
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`if CERTIFIED cob—f"
`
`) >
`
`XILINX,
`
`INC.,
`
`VS.
`
`) CASE:
`
`IPR2013—00112
`
`) Patent 5,779,334
`
`INTELLECTUAL VENTURES I
`
`LLC,
`
`Patent Owner.
`
`)
`
`)
`
`)
`
`********************~k**3kJr*********~k**************~k******
`
`ORAL AND VIDEOTAPED DEPOSITION OF
`
`A. BRUCE BUCKMAN
`
`NOVEMBER 12, 2013
`***************************~k*************~k**********~k~k**
`
`ORAL AND VIDEOTAPED DEPOSITION OF A. BRUCE BUCKMAN,
`
`produced as a witness at the instance of the Patent
`
`Owner, and duly sworn, was taken in the above—styled and
`
`numbered cause on November 12, 2013,
`
`from 11:23 a.m.
`
`to
`
`5:38 p.m., before Lisa C. Hundt, CSR, RPR, CLR in and
`
`for the State of Texas,
`
`reported by machine shorthand,
`
`at the law offices of Haynes and Boone,
`
`located at 2505
`
`North Plano Road, Suite 4000, Richardson, Texas,
`
`in
`
`IVI LLC EXHIBIT 2018
`accordance with the Federal Rules of Civil Procedure and
`XILINX V. IVI LLC
` Case IPR2013-00112
`
`the provisions stated on the record or attached hereto.
`
`
`
`FOR THE PETITIONER:
`
`A P P E A R A N C E S
`
`Mr. Thomas King
`HAYNES AND BOONE
`
`18100 Von Karman
`
`Suite 750
`
`Irvine, California 92612
`
`949.202.3059
`
`949.202.33159 (Fax)
`
`thomas.king@haynesboone.com
`And
`
`Mr. Michael Barnes, Videographer
`
`Mr. Michael S. Parson
`
`HAYNES AND BOONE
`
`2505 N. Plano Road
`
`Suite 4000
`
`Richardson, Texas 75082
`
`972.739.8611
`
`972.692.9003 (Fax)
`
`michael.parson@haynesboone.com
`FOR THE PATENT OWNER:
`
`Mr. George E. Quillin
`And
`
`Mr. Paul Hunter
`
`FOLEY & LARDNER
`
`3000 K. Street, N.W.
`
`Suite 600
`
`Washington, DC 20007
`202.672.5413
`
`202.672.5399 (Fax)
`
`gquillin@foley.com
`
`phunter@foley.com
`
`ALSO PRESENT: Mr. Don Coulman, Intellectual Ventures
`
`
`
`Examination by Mr. Quillin ...................
`
`Examination by Mr. King ......................
`
`Examination by Mr. Hunter ....................
`
`Corrections Page .................................
`
`Exhibits .............................................
`
`Stipulations .........................................
`
`BRUCE BUCKMAN
`
`Appearances ..........................................
`
`Reporter's Certificate ...........................
`
`
`
`NO.
`
`DESCRIPTION
`
`PAGE
`
`EXHIBITS
`
`2016
`
`2017
`
`Reply Report of Dr. A. Bruce Buckman ..........
`
`Declaration of A. Bruce Buckman, Ph.D. Under
`
`37 C.F.R. Section 168 Directed to the
`
`Proposed Substitute Claims ....................
`
`45
`
`72’
`
`2O
`
`62
`
`.34
`
`94
`
`PREVIOUSLY MARKED EXHIBITS
`
`United States Patent 5,632,545 ............... 10,
`
`U.S. Patent Number 5,264,951 ................. 26,
`
`United States Patent 5,264,951 ..................
`
`United States Patent 5,136,397 ............... 77,
`
`Declaration of A. Bruce Buckman, Ph.D.
`
`Under 37 C.F.R. Section 1.68, Directed
`
`To the Proposed Substitute Claims ........ 74,
`
`78, 80,
`
`Declaration of A. Bruce Buckman, Ph.D.
`
`Under 37 C.F.R. Section 1.68 Directed
`
`To Petitioner's Reply ..................... 6,
`
`33,
`
`65, 70, 72,
`
`
`
`P R O C E E D I N G S
`
`THE VIDEOGRAPHER:
`
`On the record at 11:233
`
`Today is Tuesday, November 12th, 2013., This is the
`
`videotaped deposition of Dr. Bruce Buckman. This is the
`
`beginning of Tape 1, Volume 1.
`
`Will counsel please state their
`
`appearances and any agreements for the record.
`
`MR. KING:
`
`Tom King for petitioner,
`
`Xilinx,
`
`from Haynes and Boone.
`
`MR. QUILLIN: George Quillin with the law
`
`firm of Foley & Lardner, LLP. With me is my partner,
`
`Paul Hunter, and in—house counsel, Don Coulman,
`
`5 S
`
`representing Intellectual Ventures, patent owner.
`
`MR. PARSONS: Mike Parsons from Haynes and
`
`THE VIDEOGRAPHER: Will the court reporter
`
`’please swear in the witness.
`
`BRUCE BUCKMAN,
`
`having been first duly sworn, testified as follows:
`
`EXAMINATION
`
`BY MR. QUILLIN:
`
`Q.
`
`A.
`
`Good morning, Dr. Buckman.
`
`Good morning, Mr. Quillin.
`
`Q.
`
`Am I glad to see you here. We got off to a
`
`little bit of a late start, but we'll see if we can make
`
`
`
`progress now.
`
`We've been through this several times.
`
`If
`
`you would,
`
`just state your name for the record, please.
`
`A.
`
`Alvin Bruce Buckman.
`
`Q.
`
`Are you on any medications, or do you have any
`
`other sort of physical conditions that would inhibit
`
`your giving truthful testimony this morning?
`
`A.
`
`Q.
`
`Not that I'm aware of, no.
`
`Anything else that we should be aware of
`
`before you begin?
`
`A.
`
`Like what?
`
`Q.
`
`A.
`
`Q.
`
`Are you expecting any cell phone calls?
`
`My cell phone's turned off.
`
`Let me hand you what's been previously marked
`
`as Xilinx Exhibit 1012. You're familiar with this
`
`
`
`described in the Tannas —- T—A—N—N—A—S —— in the Tannas
`
`exhibit?
`
`A.
`
`Yes,
`
`I am.
`
`Q.
`
`If you would,
`
`turn to page 4 and paragraph
`
`number 12.
`
`You indicate that there are more ways to
`
`implement a matrix system display other than those
`
`system. What are those other ways?
`
`A.
`
`I describe them below in this report, below
`
`paragraph 12.
`
`The other ways not described in Tannas ——
`
`let me just review this a moment.
`
`
`
`(Witness reviewed document.)
`
`A.
`
`The other ways to makemawlight shutter matrix
`
`related to optically activated SLMs referred to as
`
`OASLMs
`
`in this declaration.
`
`These are —— these are also
`
`optical shutter matrices.
`
`These are not among those
`
`described in Tannas.
`
`Q.
`
`A.
`
`OASLMs.
`
`(BY MR. QUILLIN) Any others?
`
`The others are all in the general category of
`
`Q.
`
`Would a person of ordinary skill know these
`
`other ways, or are they esoteric?
`
`A.
`
`I wouldn't call them esoteric.
`
`I would think
`
`a person of ordinary skill in the art would -— would
`
`know that OASLMs also inherently create a shutter matrix
`
`system.
`
`Q. What's —— remind me what the 0 stands for in
`
`that are not described in Tannas basically are those
`
`by that?
`
`A.
`
`Q.
`
`Optically activated SLM.
`
`On page 5,
`
`in paragraph 14 of your
`
`declaration, you say that you disagree with the patent
`
`owner's proposed construction of, quote, video
`
`controller, close quote, because it, quote, adds a
`
`limitation to the claims, close quote. What do you mean
`
`
`
`limitation, quote,
`
`in accordance with the video signal,
`
`close quote. That's the additional limitation that I
`
`disagree with.
`
`Q.
`
`A.
`
`As you understand it, what is a limitation?
`
`As
`
`I understand it,
`
`a limitation emanates from
`
`
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`2
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`3
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`4
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`5
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`the claims of a patent as opposed to emanating from the
`
`
`
`1
`A.
`IV's proposed construction adds the
`
`
`
`
`
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`
`
`
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`
`
`
`
`
`
`
`20
`preliminary construction.
`They control light shutter
` matrices, and the result of that control is the display
`
`
`
`You wanted an example of one that does not
`of video.
` perform in accordance with a —— with a video signal?
`
`24
`Q.
`Right. Could you provide an example of a
`
`
`specification. And my understanding is that it's
`
`generally improper to import a limitation from the
`
`specification into a claim limitation.
`
`Q.
`
`Is it a patent law concept to, quote, add
`
`limitations to the claims, close quote?
`
`A.
`
`It is a patent law concept, according to my
`
`understanding.
`
`Q.
`
`Can you provide an example of a video
`
`controller that does not operate, quote,
`
`in accordance
`
`with a video signal, close quote?
`
`A.
`
`The prior art video controllers that I point
`
`to perform their function according to the board's
`
`video controller that does not operate, quote,
`
`in
`
`
`
`accordance with a video signal, close quote?
`
`A.
`
`I'd have to look back at the prior art and I
`
`would have to get an interpretation of what's meant by
`
`this phrase "in accordance with a video signal."
`
`I
`
`discuss in paragraph 14 the idea that a video signal ——
`
`controller is not necessarily responsible for processing
`
`a raw incoming video signal;
`
`that it might be decoded
`
`from the video signal into a different format that the
`
`controller might act on this resulting decoded video
`
`signal. Whether decode -— decoded is equatable to in
`
`accordance with, I've not really analyzed.
`
`Q.
`
`So as you sit here today, you can't think of a
`
`What would a person of ordinary skill in the
`
`accordance with a video signal" adds anything further to
`
`video controller other than those that operate in
`
`accordance with a video signal;
`
`is that right?
`
`A.
`
`I think our dispute here is whether "in
`
`the claim construction. And "in accordance with,"
`
`"accordance" is not particularly a term of art in —— in
`
`electronics.
`
`I rarely,
`
`if ever, see the word "in
`
`accordance with a signal," so I am at a bit of a loss to
`
`come up with what it means to be in accordance with a
`
`video signal. And without that, it's difficult to come
`
`up with examples, a counter example of something that is
`
`not
`
`in accordance with a video signal.
`
`Q.
`
`
`
`1
`
`art understand that phrase to mean as it's used in the
`
`'334 patent?
`
`A. Which phrase are you referring to in the '334
`
`patent, please?
`
`Q.
`
`If you'd look at the abstract of the '334
`
`patent.
`
`A.
`
`Q.
`
`I'd be happy to if I had a copy.
`
`I'll get that for you right away.
`
`Excuse me.
`
`I hand you what's been previously marked
`
`as Xilinx Exhibit 1001. This is 0.8. Patent
`
`Number 5,779,334 to Kikinis. And I'll invite your
`
`attention to the abstract,
`
`the last —— the last sentence
`
`of the abstract.
`
`Do you see the phrase "in accordance
`
`with a video signal"?
`
`' A.
`
`Yes,
`
`I do.
`
`Q.
`
`What would a person of ordinary skill in the
`
`art understand that phrase to mean?
`
`A.
`
`They'd understand that the video signal would
`
`be some —— I guess I'll use the term "ancestor" to the
`
`signal that the controller actually gets. There may be
`
`further processing of that video signal in components
`
`that might properly not be considered to be the
`
`controller.
`
`But beyond that, as I stated earlier,
`
`I'm
`
`an electronics guy and I don't —— I don't see the word
`
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`24
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`25
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`
`
`"accordance" as a term of art in electronics or in
`
`signal processing. That'S~a4werd I rarely see.
`
`I
`
`suspect accordance was written by Mr. Kikinis' attorney
`
`when he put together the abstract.
`
`Q.
`
`So you're not able to shed any light on what a
`
`person of ordinary skill in the art would understand
`
`that phrase to mean?
`
`A.
`
`I think I did shed some light on it in my
`
`answer to your last question.
`
`The video signal is some
`
`sort of predecessor or ancestor to the actual electrical
`
`signal that might wind up at the controller, driving the
`
`"accordance."
`
`controller, but that video signal might have been
`
`further processed elsewhere.
`
`Q. With that understanding of the phrase, can you
`
`provide an example of a video controller that does not
`
`operate in accordance with the video signal?
`
`A.
`
`Given the vagueness of the word "accordance,"
`
`as I stated to you a little earlier,
`
`I'm not -- I can't
`
`define what a counter example would be.
`
`Q.
`
`So even with your reviewing that phrase as
`
`it's used in the abstract, you can't, as you sit here,
`
`think of a video controller that does not operate in
`
`accordance with the video signal;
`
`is that right?
`
`A.
`
`I'd have to see a better definition of
`
`
`
`
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`Q.
`
`A.
`
`Better than the one you offered?
`
`More specific than the one I authored.
`
`I ——
`
`the one I offered, rather. As
`
`I —— as I told you,
`
`I'm
`
`trying to come up with an interpretation of the word
`
`"accordance" as it might affect the description of
`
`signal processing, and I gave you my best shot at that.
`
`Q.
`
`When people of skill in this area of
`
`technology refer to a video controller, are they
`
`generally referring to a CPU or to specific circuitry.
`
`A.
`
`I think a person of ordinary skill in the art
`
`would recognize that it could be either.
`
`Q.
`
`Why do you believe such a person would call
`
`the CPU the video controller instead of calling it the
`
`CPU?
`
`A. Well, a CPU and its peripherals that receive
`
`signals from the outside world could be programmed to
`
`operate as a video controller.k It's simply a way of
`
`implementing a video controller.
`
`Q.
`
`Are there advantages to having a video
`
`controller being separate from a CPU?
`
`A.
`
`It would depend on what else the CPU has to do
`
`in the particular application.
`
`If the CPU has other
`
`jobs it has to do, it might be more efficient to have
`
`some application specific circuitry.
`
`On the other hand,
`
`if the CPU is capable of doing everything that it needs
`
`
`
`
`
`to do in the application,
`
`the CPU might work just as
`
`well.
`
`Q.
`
`Other than efficiency, are there other
`
`advantages?
`
`A. Well, efficiency,
`
`I think, covers all the ——
`
`covers all the advantages.
`
`Q.
`
`In the mid—'90s, did computers have Video
`
`cards?
`
`A.
`
`Q.
`
`Yeah, computers had video cards.
`
`Why —— why did computers back in the mid—'90s
`
`
`
`have Video cards instead of just using the CPU of the
`
`computer?
`
`A.
`
`Design—wise it was —— it was more efficient to
`
`have —— to have Video cards driving the computer's -—
`
`the computer's own screen.
`
`Q.
`
`A.
`
`Any other reasons?
`
`What functions you have in the CPU and what
`
`functions you have in -— in separate cards is —— is a
`
`matter of design choice.
`
`Q.
`
`Are there advantages of cost, doing it one way
`
`over another?
`
`A.
`
`There will always be cost versus performance
`
`trade—offs.
`
`Q.
`
`Is it true that controllers do more than
`
`.simply provide information?
`
`
`
`
`
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`A.
`
`The term "controller" is a pretty broad term
`
`in electroniCs. Lots of controllers act on informationw
`
`as well as provide information.
`
`Those are —— are
`
`feedback controllers.
`
`We have instances of controllers in these
`
`patents,
`
`some of which are video controllers and some of
`
`which are lamp controllers.
`
`They —— the —— lots of
`
`controllers,
`
`lamp controllers,
`
`I guess being one
`
`example, operate -- they take in information, as well
`
`as -— as provide it; that is,
`
`they're part of a feedback
`
`control system.
`
`Q.
`
`Is it true that one component providing
`
`information to another does not necessarily mean that
`
`the one controls the other?
`
`A.
`
`If by "control" what you —— what you mean
`
`is —— is the usual control system theory term,
`
`then the
`
`overall controller which provides information is acting
`
`on all the information that it has, and it's
`
`controlling.
`
`However, other influences might —— might
`
`render it impossible for this particular controller to
`
`control the operation of —— of the system in question.
`
`Controller is a very general term in the art._ Video
`
`controller's a subset of a more general term controller.
`
`Q.
`
`What I'm asking is whether it's true that one
`
`
`
`
`
`component providing information to another does not
`
`necessarily mean that themone controls the other.
`
`Is
`
`that a correct statement?
`
`A.
`
`That's a correct statement.
`
`Q.
`
`Can a video controller work without receiving
`
`a video signal?
`
`A.
`
`A video controller would have to receive
`
`some —— some result of processing a video signal.
`
`It
`
`might not receive the raw video signal.
`
`It would —— it
`
`would have to receive something —— I think the proper
`
`word would be based on the raw video signal.
`
`Q.
`
`So without receiving something based on the
`
`raw video signal,
`
`the video controller would not work?
`
`Is that what you’re saying?
`
`A.
`
`The raw video signal would be something that
`
`contains the information in the image,
`
`in the set of
`
`images,
`
`to be processed.
`
`The controller might have to
`
`act on those to produce the signals necessary to —— to
`
`drive the display.
`
`So it's at least —— it's based on —- and
`
`all —— by "based on" here, anything that's based on that
`
`enumerates one element that influences the final result
`
`to the extent that that's what "based on" means and
`
`that's how I'm using it here.
`
`It would be —— it would
`
`be based on a video signal.
`
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`ll
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`2O
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`25
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`Q.
`
`Let's turn back to your declaration,
`
`Exhibit 1012, paragraph 14 again. Hold that thought for
`
`a moment.
`
`When you say "based on," is that the same
`
`as or different from the phrase "in accordance with"?
`
`A.
`
`"In accordance with" is a term so divorced
`
`from terms of art in signal processing —— the rut of all
`
`these questions is,
`
`I have a hard time as someone of
`
`skill in the art figuring out what this "in accordance"
`
`with means.
`
`I understand "based on," I have a lesser
`
`understanding of what "in accordance with" means.
`
`Q.
`
`Is the phrase "based on" a term of art in the
`
`signal processing?
`
`A.
`
`"Based on" is much more of term of art than
`
`"in accordance with" is.
`
`"Based on" is much easier for
`
`someone of ordinary skill in the art to understand.
`
`Q.
`
`And what is that understanding of a —— of a
`
`person of ordinary skill in the art of the phrase "based
`
`on"?
`
`A.
`
`"Based on" means that whatever it's based on
`
`is one of the ingredients that goes into its —— to the
`
`system that follows making a decision informing its
`
`outputs.
`
`Q.
`
`So you‘re saying "based on" is an ingredient
`
`that goes into the system?
`
`
`
`
`
`A.
`
`I'm not saying "based on" is an ingredient.
`
`I'm saying what "based on" refers to,
`
`if —— if A is
`
`based on B,
`
`then B is one of the ingredients that the
`
`system receiving B looks at in order to form its
`
`outputs A. Not
`
`the only one, but one of them.
`
`Q.
`
`Now let's turn back to your declaration,
`
`paragraph 14. About line 5, you say that, quote,
`
`this,
`
`quote, video controller, close quote, component was not
`
`responsible for processing the incoming video signal,
`
`close quote.
`
`Do you see that?
`
`A.
`
`I do.
`
`U S
`
`Q.
`
`A.
`
`To which video controller are you referring?
`
`Video controller whose output goes to the ——
`
`the light shutter matrix.
`
`Q.
`
`In the next sentence, you say that the video
`
`signal went
`
`to a video decoder that decoded the video
`
`signal into a different format.
`
`Do you see that?
`
`A.
`
`Yes.
`
`MR. KING: Actually,
`
`I think it says that
`
`converted the video signal into a different format.
`
`MR. QUILLIN:
`
`I'm sorry?
`
`MR. KING:
`
`I think you got one word wrong.
`
`Q.
`
`(BY MR. QUILLIN) Why don't you read the
`
`sentence for us, Dr. Buckman.
`
`A.
`
`"But this, open quote, video controller, close
`
`
`
`quote, component was not responsible for processing the
`
`incoming video signal.
`
`Instead,
`
`the video signaliwent
`
`on —— went to a video decoder that converted the video
`
`signal into a different format" [as read].
`
`Q.
`
`(BY MR. QUILLIN)
`
`Is a video decoder required
`
`whenever a video signal is used with a video controller?
`
`A. Well,
`
`in context here, what I'm referring to
`
`is that Mr. Smith—Gillespie and I agree that,
`
`in this
`
`time frame, decoding and light shutter matrix
`
`controlling functions were not generally performed by
`
`the same individual chip.
`
`It's possible to envision
`
`subsuming —- and this is a -— a case of the way you draw
`
`function, and this control function inside the same
`
`black box. And over time,
`
`that might evolve into being
`
`done on the same chip.
`
`Q.
`
`A.
`
`Q.
`
`So is the answer to my question yes?
`
`Read the question back to me, please.
`
`Is a video controller required —— I'm sorry,
`
`the black boxes being somewhat arbitrary —— the decoding
`
`in order to operate the video controller. As to the
`
`let me start again.
`
`Is a video decoder required whenever a
`
`video signal is used with a video controller?
`
`A.
`
`The function of the decoder is to alter the
`
`incoming raw video signal
`
`into a form that can be used
`
`
`
`fact is the video decoder required, a video decoder
`
`refers to an object,
`
`I guess, a chip, something, a black
`
`box in the —— in your —— in your diagram.
`
`It's possible
`
`to put
`
`those two functions together inside the same
`
`black box as you're drawing the system diagram or as
`
`you're —— as you're putting together the circuit in
`
`order to -— in order to accomplish the function.
`
`The function of decoding has to be
`
`accomplished. Whether it's done inside the controller,
`
`whether it's pulled inside the controller black box or
`
`whether it's outside, it -— that function or its
`
`equivalent has to be accomplished.
`
`Q.
`
`So to change the grammar,
`
`to change the part
`
`of speech of the word, video decoding is required
`
`whenever a video signal is used with a video controller;
`
`But your view is that all video controllers
`
`need the function, not necessarily the separate physical
`
`is that right?
`
`A.
`
`In general,
`
`the raw video signal is not
`
`necessarily what the video controller might expect to
`
`see; however,
`
`the video controller could have in it,
`
`inside it,
`
`this video decoding function.
`
`Q.
`
`Do all video controllers need a video decoder?
`
`A.
`
`I
`
`thought
`
`I just answered that question.
`
`They
`
`object.
`
`Q.
`
`
`
`
`
` need the function of a video decoder;
`is that right?
`
`
`
`
`
`
`2
`
`3
`
`4
`
`5
`
`6
`
`A.
`
`They need tovtake the video signal coming in,
`
`the raw video signal, and convert it to the signals
`
`necessary to derive the optical shutter matrix.
`
`Q.
`
`Is it true that a video decoder is often
`
`included in a video controller?
`
`
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`A.
`
`That would be a design choice.
`
`It could be or
`
`it couldn't be.
`
`Q.
`
`Let's look at the '334 patent. This is
`
`Exhibit 1001 again. Does the system in the '334 patent
`
`have a video decoder?
`
`A.
`
`I'm going to separate my answer into two parts
`
`here.
`
`One is going to refer to the specification in the
`
`'334, and the other is going to refer to the claims in
`
`the '334.
`
`
`
`
`
`
`
`
`
`
`16
`
`17
`
`18
`
`19
`
`20
`
`In the specification '334, what
`
`I see in,
`
`for example, Figure 1, Figure 2, and those are the
`
`figures,
`
`I see a box referred to as an LCD controller
`
`with live video capability. What that phrase "with live
`
`video capability" says to me is that it has the
`
`capability of receiving a raw video signal.
`
`
`
`
`
`
`
`
`So I read
`
`that as within the box there, box number —— do they
` never number it?
`Apparently not, but you can identify the
`
`
`
`box I'm referring to.
`The box has a name, it's LCD
`
`
`
`controller with live video capability.
`
`It appears not
`
`to have a number. But that box in the specification
`
`includes within it this controller and decoder.
`
`Now ——
`
`Q.
`
`If I could interrupt you for a moment.
`
`If
`
`you'd look at the bottom of Figure 1, do you see the
`
`large arrow pointing up, and to the left of that large
`
`arrow, you see a lead line?
`
`A.
`
`Q.
`
`Right.
`
`125?
`
`The -— not —— not the lead line to the arrow,
`
`but
`
`to the left of the arrow,
`
`there's a lead line from
`
`the box ——
`
`A.
`
`122.
`
`Q.
`
`—— to a number.
`
`
`
`A.
`
`Q.
`
`A.
`
`Okay. Okay.
`
`122,
`
`I missed that.
`
`So what you're talking about is ——
`
`Okay. This is a controller, 122 is referred
`
`to in the specification.
`
`Column 3,
`
`line 36, it further
`
`states what the controller controls.
`
`It controls the
`
`three monochrome matrices 117, 118, and 119. And it
`
`talks further about
`
`in some embodiments chip on glass
`
`technology is used to implement most of, whatever that
`
`means, part of,
`
`the LCD controller on the glass,
`
`reducing wiring and handling issues.
`
`So what we see as in the system diagram,
`
`which is a collection of black boxes,
`
`is the entirety of
`
`
`
`the function LCD controller with live video capability,
`
`and I would interpretethat as including the
`
`controller -— I'm sorry,
`
`including the decoder or a
`
`decoding function inside that box, as well as the
`
`controller.
`
`Okay.
`
`Now,
`
`I wasn‘t finished with my
`
`answer.
`
`The answer up to this point refers to the
`
`specification in '334.
`
`Now,
`
`the answer, as it refers to the
`
`claims and decoder,
`
`is a good deal simpler.
`
`There is no
`
`mention of decoder in the claims of the ‘334.
`
`Q.
`
`So the system in the '334 patent does include
`
`a video decoder ——
`
`video controller is doing its work based on what it's
`
`LCD controller with live video capability. However,
`
`MR. KING: Objection -—
`
`(BY MR. QUILLIN)
`
`—— is that correct?
`
`MR. KING:
`
`—— mischaracterizes the
`
`testimony.
`
`A.
`
`I need to differentiate my answer between the
`
`specification in '334 and the claims in '334.
`
`The
`
`specification,
`
`looking at the -- the figures as I just
`
`did,
`
`the decoder would be included within the Box 122,
`
`the claims,
`
`there is no mention of a decoder.
`
`Q.
`
`(BY MR. QUILLIN)
`
`So is it correct that the
`
`in
`
`
`
`getting from the video decoder;
`
`is that right?
`
`A.
`
`In the specification,
`
`the video controller, as
`
`I've stated, would have to have decoding capability
`
`because there's simply a raw video signal coming in over
`
`what's referred to as a —— as a link, 125.
`
`So in the
`
`specification,
`
`that particular box,
`
`the LCD controller,
`
`would have to have the decoding capability within it.
`
`In the claims, once again,
`
`there's no mention of a
`
`decoder.
`
`Q.
`
`Turning back to your declaration,
`
`in
`
`paragraph 14,
`
`in the sentence spanning lines 7 and 8,
`
`you refer to two functions.
`
`Do you see that?
`
`A.
`
`I do.
`
`Q.
`
`What are the two functions to which you're
`
`referring?
`
`
`
`A.
`
`I'm referring to the function of decoding and
`
`the function of light shutter matrix control.
`
`Q.
`
`A.
`
`And why is that important?
`
`It's important to the claim construction in
`
`the box in that the board's preliminary construction,
`
`which I agree, simply characterizes it as a component
`
`that controls light shutter matrices to facilitate the
`
`display of video.
`
`The proposed claim construction from IV
`
`adds this phrase "in accordance with a video signal."
`
`
`
`
`That "in accordance with a video signal" phraseology
`
`
`
`
`
`goes to the function of the decoder,
`
`insofar as we
`
`consider decoding to be a separate function.
`
`Q.
`
`Would a person of ordinary skill in the art
`
`2
`
`3
`
`4
`
`understand Claim 1 of the '334 patent to require both of
`
`those functions?
`
`A.
`
`Claim 1 calls out
`
`the part of the two
`
`functions that we've identified as control of the light
`
`shutter matrix system,
`
`that is the control function.
`
`That's the function that's —— that's called out there.
`
`It's adapted for controlling.
`
`It says no more about
`
`decoding.
`
`Q.
`
`In paragraph 14 of your declaration, you say
`
`that the video signal decoding and the light shutter
`
`matrix controlling functions were not generally
`
`performed on the same chip.
`
`Do you see that?
`
`A.
`
`I do.
`
`Q.
`
`What does that statement have to do with the
`
`video controller acting in accordance with a video
`
`
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`to —— to answer your question with any degree of
`
`the
`
`24
`accuracy. But essentially, on —— on a high level,
`
`controller has to facilitate the display of a video
`
`signal?
`
`A.
`
`Again, we get back to the fuzziness of the
`
`words "in accordance with," which makes it difficult
`
`
`
`
`
`
`
`10
`
`ll
`
`12
`
`l3
`
`14
`
`15
`
`l6
`
`l7
`
`l8
`
`19
`
`2O
`
`21
`
`22
`
`23
`
`24
`
`25
`
`signal,
`
`so the controller has to understand the video
`
`that's coming in. That —— making it understand is —— is
`
`done with the decoding function, whether it's inside or
`
`outside the box referred to as a controller.
`
`Q.
`
`And that doesn't have anything to do with
`
`whether the —— those two functions are on the same chip
`
`or not;
`
`is that right?
`
`A.
`
`Q.
`
`What doesn't have anything to do with it?
`
`This same chip and the functions, what's the
`
`significance of your statement that these functions were
`
`not on the same chip?
`
`A.
`
`The video controller components,
`
`"component"
`
`referring to some physical object,
`
`the circuit on a
`
`chip, wasn't responsible for processing the incoming
`
`video signal. There was a separate chip,
`
`a separate
`
`component for that.
`
`The video signal went to a video
`
`decoder that converted the video signal into a different
`
`format.
`
`Q.
`
`What does being on the same chip or being on
`
`different chips have to do with whether or not the video
`
`controller is acting in accordance with a video signal?
`
`A.
`
`Here we go again with accordance.
`
`I'm
`
`referring in this paragraph to a video controller
`
`component,
`
`five lines down. This video controller
`
`component,
`
`"component" in this case referring to a —— to
`
`
`
`a chip,
`
`the controller wasn't responsible for processing
`
`the incoming video signal;
`
`It underwent some further
`
`processing in a decoding function which was generally at
`
`that time on a different chip.
`
`Back again to "accordance," that's a fuzzy
`
`term and it's very, very hard to define.
`
`I would fall
`
`back on -- I would use "based on."
`
`It's acting based on
`
`a video signal. That video signal has been further
`
`processed.
`
`"In accordance with," once again,
`
`translate
`
`that into electronics or system theory,
`
`I don‘t know
`
`what "accordance" means.
`
`Q.
`
`Turning again to your declaration on
`
`paragraph 20, you say that there are several different
`
`ways to create an image with a spatial light modulator,
`
`an SLM.
`
`Do you see that?
`
`A.
`
`I do.
`
`
`
`Q.
`
`I'd like to ask you, what are the ways that
`
`are disclosed by Takanashi?
`
`I'll give you that.
`
`I'm going to hand you what's been
`
`previously marked as Xilinx Exhibit 1002. This is
`
`U.S. Patent Number 5,264,951 to Takanashi. You're
`
`familiar with this patent, right?
`
`A.
`
`Yes.
`
`Q.
`
`So you say in paragraph 20 of your
`
`declaration, your Exhibit 1012,
`
`that Takanashi discloses
`
`
`
`several different ways to create an image using a liquid
`
`crystal device called a spatial lightemedulator, SLM?
`
`A.
`
`Right.
`
`Q. Which ways are disclosed by Takanashi?
`
`A.
`
`The different ways have to do with the
`
`orientations and directions of propagation of the read
`
`light and the write, W—R-I—T—E,
`
`light.
`
`In some cases,
`
`the device operates with respect to the read light in
`
`
`
`transmission. And the read light in transmission is
`
`depicted,
`
`for example,
`
`in Figure 9.
`
`The read light is
`
`transmitted rather than reflected through the entire
`
`structure there. Read light in comes in from the left.
`
`Read light out exits from the right.
`
`In another instance, if we back up to ——
`
`to Figure 8, what we have there is read light coming in,
`
`read light is reflected back out
`
`in the direction from
`
`whence it came. That is we see in Figure 8 on the right
`
`read light in and read light out going through the
`
`overall structure. And read light out is —— is
`
`transformed by the spatial light modulator.
`
`We have other arrangements where read
`
`light out comes in from below and is reflected through a
`
`prism light structure such that read light out exits to
`
`the right. That's Figure llD. And so there are a
`
`number of different optical systems, collections of ——
`
`
`
`of optical parts here, optical subsystems like spatial
`
`light modulators and prisms, reflective structures and
`
`transmissive structures,
`
`those are the different ways to
`
`create an image using Takanashi's spatial light
`
`modulator.
`
`Q.
`
`What does Takanashi teach about
`
`the write
`
`activates an optical —-optically activated spatial light
`
`the time it's operating with blue, and that's time
`
`light?
`
`A.
`
`Takanashi teaches that the write light
`
`modulator.
`
`The optically activated spatial light
`
`modulator,
`
`that light is —— creates an optical shutter
`
`matrix in the spatial light modulator,
`
`the —— the write
`
`light does. And that spatial light modulator acts on
`
`the read light, spatially modulates it.
`
`Q.
`
`Would the spatial light modulator described by
`
`Takanashi work in —— in a system having a color wheel?
`
`A.
`
`Somebody of ordinary skill in the art would
`
`understand that you could take some of the subsystems in
`
`Takanashi,
`
`the systems that operate —— the subsystems
`
`that operate on a single read light and write light and
`
`combine those using the color wheel,
`
`so that the way the
`
`color wheel works, as I've explained to you before,
`
`is a
`
`third of the time it's operating with red,
`
`a third of
`
`the time it's operating with green, and another third of
`
`
`
`multiplexing the individual colors.
`
`And to make it work with a —— with a color
`
`wheel, one of ordinary skill in the art would have one
`
`of these spatial light modulator configurations such as,
`
`for example, let's take Figure 8, and put a color wheel
`
`in front of interposed between the read light in and the
`
`rest of the structure. Have red going in for —- for a
`
`period of time, and during that period of time,
`
`a color
`
`wheel, as I've also mentioned to you before, requires
`
`synchronization with the red and the green and the ber
`
`
`
`the left, corresponding to the green part of the image
`
`parts of the signal.
`
`So while I have red coming in,
`
`in that
`
`portion of the color wheel,
`
`read light in,
`
`the write
`
`light is synchronized so that it's operating on the red
`
`part of —— of the color signal, and then cycling through
`
`the motion of the color wheel,
`
`the next portion of the
`
`color wheel is —— is green.
`
`And in synchronism with that, you could
`
`have the write light part of the image coming in from
`
`and then the blue part of the image.
`
`So somebody of
`
`ordinary skill in the art would understand that you
`
`could take one of these subsystems that Takanashi talks
`
`about and make it operate with a color wheel.
`
`Q.
`
`In paragraph 22 of your declaration, you refer
`
`
`
`
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`A.
`
`I do.
`
`optical activation is a —— a rectangular arrangement of
`
`rows and columns of light of various brightness and in
`
`the color system, a various combination of ——
`
`combinations of color brightness, which produ
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