Page 1
`
` IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
` _____________________
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
` _____________________
` SONY CORPORATION
` Petitioner
` v.
` YISSUM RESEARCH DEVELOPMENT COMPANY OF THE HEBREW
` UNIVERSITY OF JERUSALEM
`
` Patent Owner
`
` No. IPR2013-00218 (SCM)
`
` Patent No. 6,665,003
` Issue Date: Dec. 16, 2003
` Title: SYSTEM AND METHOD FOR GENERATING AND
` DISPLAYING PANORAMIC IMAGES AND MOVIES
`
` _____________________
`
` IRFAN ESSA, PH.D.
` March 10, 2014
` 8:59 A.M.
`
` 400 Interstate North Parkway SE
` Suite 1500
` Atlanta, Georgia
`
` Lee Ann Barnes, CCR-1852, RPR, CRR
`
`1
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`23
`24
`25
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`Toll Free: 855.282.1018
`
`404.817.9606
`
`Veritext National Court Reporting Company
`
`Petition for Inter Partes Review
`of U.S. Pat. No. 7,477,284
`IPR2013‐00219
`EXHIBIT
`Sony‐
`
`

`

`1 INDEX OF EXAMINATION
`2 WITNESS: IRFAN ESSA, PH.D.
`3 EXAMINATION PAGE
`By Mr. Hanley 8
`
`Page 4
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`4 5 6 7 8 9
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`10
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`Page 3
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`Page 5
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`1 INDEX TO EXHIBITS
`2 Exhibit Description Page
`3 Sony 1001 U.S. Patent No. 7,477,284 22
`4 Sony 1001 U.S. Patent No. 6,665,003 64
`5 Sony 1002 U.S. Patent No. 6,665,003 64
`6 Sony 1003 Kawakita Article 135
`7 Sony 1004 Kawakita Article 135
`8 Sony 1005 Ishiguro Article 157
`9 Sony 1011 Article from The 208
` Photogrammetric Journal of
`10 Finland entitled, "State of
` the Art in Digital
`11 Photogrammetric
` Workstations"
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`Sony 1039 U.S. Patent No. 6,831,677 25
`
`Sony 1041 U.S. Patent No. 6,831,677 25
`
`Sony 1042 Wikipedia Article 52
`
`Sony 2010 Wikipedia Article 52
`
`YRD-2003 Document 13
`
`YRD-2010 Declarations of Irfan Essa, 9
`18 Ph.D.
`19 (Per counsel, original exhibits are not
`20 attached to the Original transcript.)
`21
`22
`23
`24
`25
`
`Page 2
`1 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`2 _____________________
`3 BEFORE THE PATENT TRIAL AND APPEAL BOARD
`4 _____________________
`5 SONY CORPORATION
`6 Petitioner
`7 v.
`8 YISSUM RESEARCH DEVELOPMENT COMPANY OF THE HEBREW
` UNIVERSITY OF JERUSALEM
`
`9
`
` Patent Owner
`
`10
`11 No. IPR2013-00219 (SCM)
`12
`13 Patent No. 7,477,284
` Issue Date: Jan. 13, 2009
`14 Title: SYSTEM AND METHOD FOR CAPTURING AND VIEWING
` STEREOSCOPIC PANORAMIC IMAGES
`15 _____________________
`16
`17
`18 IRFAN ESSA, PH.D.
`19 March 10, 2014
` 8:59 A.M.
`
`20
`
` 400 Interstate North Parkway SE
`21 Suite 1500
` Atlanta, Georgia
`
`22
`23 Lee Ann Barnes, CCR-1852, RPR, CRR
`24
`25
`
`1 APPEARANCES OF COUNSEL
`
`23
`
`On behalf of the Petitioner:
`4 KENYON & KENYON
` WALTER E. HANLEY, JR., ESQ.
`5 MICHAEL E. SANDER, ESQ.
` One Broadway
`6 New York, New York 10004-1007
` 212.425.7200
`7 212.425.5288 (facsimile)
` whanley@kenyon.com
`8 msander@kenyon.com
`9
`
`On behalf of HumanEyes:
`
`10
`
` TENSEGRITY LAW GROUP LLP
`11 WILLIAM NELSON, ESQ.
` 555 Twin Dolphin Drive
`12 Suite 360
` Redwood Shores, California 94065
`13 650.802.6075
` 650.802.6001 (facsimile)
`14 william.nelson@tensegritylawgroup.com
`15 HAYNES BOONE
` GREGORY P. HUH, ESQ.
`16 2505 N. Plano Road
` Suite 4000
`17 Richardson, Texas 75082-4101
` 972.739.6939
`18 972.692.9225 (facsimile)
` gregory.huh@haynesboone.com
`
`19
`20 Also Present:
` Professor Trevor Darrell
`
`21
`22
`23
`24
`25
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`Page 8
`1 IRFAN ESSA, PH.D., having been first duly sworn,
`2 was examined and testified as follows:
`3 EXAMINATION
`4 BY-MR. HANLEY:
`5 Q. So can we agree the questions and
`6 answers -- the answers that you've given so far, that
`7 those will be treated --
`8 A. Yes.
`9 Q. -- as though they were under oath?
`10 A. Yes.
`11 Q. You understand you're now formally sworn
`12 and under oath?
`13 A. Sure.
`14 Q. Very good. Thank you.
`15 So just so I understand it, you've not
`16 given a deposition --
`17 A. No.
`18 Q. -- in any -- any proceeding?
`19 A. No.
`20 Q. And have you ever actually testified live
`21 in court before?
`22 A. No, I have not.
`23 Q. All right. Now, you did attend the
`24 deposition of Professor Darrell, who's with us today.
`25 A. I did.
`
`Page 6
`
`1 Deposition of IRFAN ESSA, PH.D.
` March 10, 2014
`
`2 3
`
` (Reporter disclosure made pursuant to
`4 Article 8.B of the Rules and Regulations of the
`5 Board of Court Reporting of the Judicial Council
`6 of Georgia.)
`
`7 8
`
` MR. HANLEY: Good morning, everyone. Why
`9 don't we just get our preliminaries out of the
`10 way and state our appearances.
`11 I'm Walter Hanley. I'm with the firm of
`12 Kenyon & Kenyon and I represent the Petitioner,
`13 Sony.
`14 MR. SANDER: I'm Michael Sander. I also
`15 represent the Petitioner, Sony.
`16 PROFESSOR DARRELL: Professor Trevor
`17 Darrell.
`18 MR. NELSON: Okay. So I'm Will Nelson from
`19 the Tensegrity firm, representing the
`20 respondent, HumanEyes. With me is Dr. Essa.
`21 And, Gregory, go ahead.
`22 MR. HUH: Also for respondent, HumanEyes.
`23 MR. HANLEY: So, Mr. Nelson, you and I had
`24 a conversation earlier about the fact we have
`25 two cases and we don't want to do two
`
`Page 7
`1 depositions. So if I can just have you confirm
`2 that we agree that this deposition will serve as
`3 the cross-examination of Professor Essa in both
`4 the -218 case and the -219 case.
`5 MR. NELSON: Yes, so agreed.
`6 MR. HANLEY: Okay. Great.
`7 Professor Essa, would you please give us
`8 your residence address just for the record.
`9 THE WITNESS: 2655 Canna Ridge Circle,
`10 Atlanta, Georgia 30345.
`11 MR. HANLEY: And have you been deposed
`12 before?
`13 THE WITNESS: No.
`14 MR. HANLEY: So I don't mean to limit that
`15 to patent infringement cases. You've never been
`16 deposed in any court proceeding of any sort?
`17 THE WITNESS: I've not been deposed in the
`18 patent infringement issues, but I have done
`19 other types of legal proceedings.
`20 MR. HANLEY: Okay. So have you given
`21 depositions in other legal proceedings?
`22 THE WITNESS: Not a deposition.
`23 MR. HANLEY: Would you please swear the
`24 witness.
`25
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`Page 9
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`1 Q. So you saw -- you had some idea what
`2 happens at these proceedings?
`3 A. Yes.
`4 Q. The only thing I'll want to have an
`5 understanding with you on is that we need to not talk
`6 at the same time, so oftentimes I will hesitate when
`7 I'm -- as I'm doing now, when I'm putting a question
`8 to you, because I'm searching for a word or whatever.
`9 If you would just please wait until I'm finished
`10 asking the question before you answer, that will give
`11 us a much clearer record.
`12 Will you agree to do that?
`13 A. Sure.
`14 Q. Now, what I'd like to do is show you the
`15 declarations that are the impetus for our deposition
`16 today.
`17 (Exhibit-YRD-2010 was marked for
`18 identification.)
`19 Q. (By Mr. Hanley) And I'm going to hand you,
`20 Professor Essa, copies of the Declaration of Irfan
`21 Essa, Ph.D. in the -218 case and the -219 case.
`22 These are both marked YRD-2010.
`23 Professor Essa, are these declarations that
`24 you have made?
`25 A. Yes, I have.
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`1 Q. And did you write these declarations?
`2 MR. NELSON: Objection to the form.
`3 THE WITNESS: I'm sorry?
`4 MR. NELSON: Objection. Form.
`5 Go ahead.
`6 THE WITNESS: I have -- content is actually
`7 written by me with a group of attorneys that are
`8 around this table.
`9 Q. (By Mr. Hanley) So am I correct in
`10 understanding you didn't actually draft --
`11 A. I --
`12 Q. -- the entireties of these two documents?
`13 A. I provided initial thoughts on content,
`14 which then was drafted into using the terms that are
`15 more appropriate for such documents.
`16 And then I actually reviewed them
`17 thoroughly, and after that, after some alterations, I
`18 signed off on them.
`19 Q. Now, how much time did you spend in the
`20 preparation of these declarations?
`21 A. Several dozens of hours.
`22 Q. And are you being compensated for the time
`23 that you spent in that conjunction and in connection
`24 with your deposition?
`25 A. I've been compensated for my analysis of
`
`1 generation and display of stereoscopic panoramic
`2 images technology?
`3 MR. NELSON: Objection to form.
`4 THE WITNESS: That's what the document
`5 says, yes.
`6 Q. (By Mr. Hanley) So what I'd like to do
`7 with you first this morning is I want to discuss with
`8 you stereoscopic images technology. And I don't want
`9 to limit the discussion, at least at this point, to
`10 panoramic; okay?
`11 A. Okay.
`12 Q. So -- and what I'd like to talk to you
`13 about is the attributes of a pair of images that will
`14 affect whether or not a person viewing one image with
`15 the left eye and the other image with the right eye
`16 will perceive depth; okay?
`17 Do you understand me so far?
`18 A. Uh-huh (affirmative).
`19 Q. And when I say "perceive depth," what I
`20 want to do is I want to utilize the definition that I
`21 think that you have adopted.
`22 And if you'd look, please, at paragraph 19
`23 in the YRD-2010, in the second sentence you say, "As
`24 discussed below in greater detail, a perception of
`25 depth is the visual perception of differential
`
`Page 11
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`Page 13
`
`1 all of the documents related to this case.
`2 Q. And are you being compensated on some
`3 hourly rate basis?
`4 A. Yes, I'm compensated on hourly rate basis.
`5 Q. What is your hourly rate?
`6 A. 425 per hour.
`7 Q. Now, if you wouldn't mind, please, turn
`8 to -- let's take the -218 declaration --
`9 A. Okay.
`10 Q. -- the -218 case declaration, and if you'll
`11 look at paragraph 14, please.
`12 Now, in paragraph 14, you state, "Based
`13 upon my experience and education, I consider myself
`14 to be a person of ordinary skill in the art";
`15 correct?
`16 A. Yes.
`17 Q. And then in the following sentence, you
`18 say, "Unless otherwise stated, my testimony below
`19 refers to the knowledge of one of ordinary skill in
`20 the generation and display of stereoscopic panoramic
`21 images technology during the 1998-1999 period," and
`22 so forth.
`23 A. Yes, I do.
`24 Q. Now, is the "art" to which you refer in the
`25 first sentence that I read the art relating to the
`
`1 distances among objects in a person's line of sight."
`2 Do you see that?
`3 A. Yes.
`4 Q. And do I understand correctly that's your
`5 definition of perception of depth?
`6 A. As stated in this document, yes.
`7 Q. And you refer there to YRD-2003?
`8 A. Uh-huh (affirmative).
`9 Q. And that's a document that you rely on or
`10 that you agree puts forth an accurate definition of
`11 depth perception?
`12 A. I should look up and make sure that this is
`13 the one that I'm looking at to remind myself which
`14 document it is.
`15 Q. I'll just show it to you.
`16 A. Okay.
`17 (Exhibit-YRD-2003 was marked for
`18 identification.)
`19 Q. (By Mr. Hanley) So I've handed you what
`20 has been marked in these proceedings as YRD-2003.
`21 And if you'd please just look at the
`22 document and confirm for me that this is the document
`23 that you rely on -- that you cite, rather, in your
`24 declaration as support for the definition of
`25 perception of depth.
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`Page 16
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`1 A. It is indeed cited in the document.
`2 Q. Okay. So now let's go back to the
`3 conversation I wanted to have with you.
`4 So am I correct that for a pair of images
`5 that -- when viewed by the left eye and right eye,
`6 for that pair of images to provide a perception of
`7 depth, among the things that must be true about them
`8 is that they were taken or recorded from two
`9 different viewpoints?
`10 A. Just repeat the question. There were lots
`11 of terms in there.
`12 Q. Okay. So, again, the subject is I want to
`13 ask you about the attributes of a pair of images that
`14 are presented to the left eye -- one presented to the
`15 left eye and one presented to the right eye
`16 simultaneously will provide a perception of depth to
`17 the person viewing the images.
`18 You understand that? So in that context,
`19 I'm asking you: Is one attribute of the pair of
`20 images that is necessary to provide perception of
`21 depth that they have been recorded from two different
`22 viewpoints?
`23 A. In this case, left and right eyes.
`24 Q. Okay. So you agree there has to be two
`25 different viewpoints?
`
`1 at a time and we'll get there, I'm sure.
`2 And the viewpoints must be separated by
`3 some distance?
`4 A. Yes.
`5 Q. And is the separation -- is the term
`6 "baseline" a term that is used to refer to the
`7 separation of the viewpoints?
`8 A. Yes.
`9 Q. Okay. And are you familiar with what a
`10 stereo camera is?
`11 A. Yes.
`12 Q. And what is a stereo camera?
`13 A. I don't believe I have actually covered any
`14 of this in my report, defining a stereo camera, so it
`15 will be outside of what we're talking about here.
`16 Q. But I think I'm -- and counsel --
`17 Mr. Nelson can agree or not, but you have professed
`18 to be a person of ordinary skill, so I'm trying to
`19 flesh out sort of, you know, your background as it
`20 relates to stereoscopic panoramic images technology.
`21 So you know what a stereo camera is?
`22 A. Yes, I do.
`23 Q. And what is a stereo camera?
`24 A. A stereo camera captures two images at a
`25 distance, as you said, baseline, to be able to use.
`
`Page 15
`1 A. Uh-huh (affirmative), left and right eyes
`2 for human perception.
`3 Q. Okay. I -- I'm not sure we understand each
`4 other.
`5 A. Okay.
`6 Q. They have to be presented each -- each has
`7 to be presented respectively to the left and right
`8 eye; correct?
`9 A. Yes.
`10 Q. And my question is: In the recording
`11 process that generated the images, must they have
`12 been -- must the images have been captured or
`13 recorded from two different viewpoints?
`14 A. Is the question just for clarification or
`15 are you talking about human perception or in general?
`16 Q. I'm talking about a human viewing the
`17 resultant images and the attributes of them that will
`18 result in the person viewing the images having a
`19 perception of depth.
`20 So my question is: Is one of those
`21 attributes of the two images that they must have been
`22 recorded from two different viewpoints?
`23 A. Yes, but there is a little bit more detail
`24 that needs to come in that we will get to later.
`25 Q. Okay. All right. We'll take it one step
`
`Page 17
`1 And many different things could be done
`2 with that extracted image that comes out of that
`3 camera, and one of the traditional methods of doing
`4 that is to be able to use it to create a depth image.
`5 Q. Okay. And is a stereo camera, in your
`6 experience, is it a camera that has two lens systems
`7 side by side?
`8 A. There are many embodiments of it, and one
`9 of the traditional ones is with two cameras.
`10 Q. Can one also -- instead of using a single
`11 camera with two lens systems, can one use a -- two
`12 cameras respectively to capture a left eye and right
`13 eye viewpoint of the scene?
`14 A. Again, many embodiments, but that could be
`15 one of them.
`16 Q. Okay. And the two cameras -- if you use
`17 two cameras, the two cameras have to be separated by
`18 some baseline?
`19 A. Yes.
`20 Q. Have you ever created images for
`21 stereoscopic viewing?
`22 A. I would wander a guess, yes --
`23 Q. Okay.
`24 A. -- in a long career.
`25 Q. And can you give me any specific example of
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`Page 18
`1 your having created images for stereoscopic viewing?
`2 A. I mean, I did it about 1993 for my Ph.D.
`3 thesis, but, again, you know, those were times and
`4 details that I do not recall at present.
`5 Q. Okay. Did you use a stereo camera?
`6 MR. NELSON: Objection to form.
`7 THE WITNESS: I've used both stereo cameras
`8 and separated cameras to build stereo pairs.
`9 Q. (By Mr. Hanley) Okay. So is -- an
`10 additional attribute of the pair of images is that
`11 when presented to a human viewer will provide
`12 perception of depth that the scene must have included
`13 objects that are at different distances?
`14 MR. NELSON: Objection to form.
`15 THE WITNESS: One of the requirements is
`16 that depth would be measured if there are
`17 objects at differential distances.
`18 Q. (By Mr. Hanley) Now, for a given baseline,
`19 does the distance of the objects from the
`20 photographing positions in the scene affect whether
`21 or not a person viewing the images will have a
`22 perception of depth?
`23 A. So now just to clarify, you were talking
`24 initially about cameras and now you've moved to a
`25 person.
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`Page 20
`
`1 lot of other parameters, not just those,
`2 including --
`3 Q. (By Mr. Hanley) But is one of the
`4 parameters the distance of the objects in the scene?
`5 MR. NELSON: Same objection.
`6 THE WITNESS: Distance does have something
`7 to do with reconstruction of depth.
`8 Q. (By Mr. Hanley) What is disparity?
`9 MR. NELSON: Objection to form.
`10 THE WITNESS: Disparity is the measure that
`11 basically says how much difference exists
`12 between -- for a simple -- a simplistic way of
`13 thinking about features that might be similar in
`14 the two viewpoints.
`15 Q. (By Mr. Hanley) Would it be correct to
`16 understand that disparity refers to the angular
`17 distance in viewing direction -- excuse me, angular
`18 difference in viewing direction?
`19 A. Repeat the question, make sure I
`20 understand.
`21 Q. Is one correct understanding of disparity,
`22 in the context of capturing images that will be
`23 presented to a human viewer, that disparity refers to
`24 the angular difference in viewing direction?
`25 A. Yes, it is, but can I ask one more
`
`Page 19
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`Page 21
`
`1 Q. No, okay.
`2 A. Okay.
`3 Q. Let me make it clear. I'm talking about
`4 the cameras or camera or some apparatus that is able
`5 to capture a pair of images. What we're talking
`6 about is the attributes of the resultant image; okay?
`7 A. Okay.
`8 Q. So I think you agree with me the resultant
`9 images must be captured with two viewpoints and the
`10 separation is called the baseline; correct?
`11 A. Uh-huh (affirmative).
`12 Q. And so now I think you also agreed that the
`13 scene itself must have objects at different distances
`14 in order for the person viewing the images to have a
`15 perception of depth; correct?
`16 A. (Witness nodded head affirmatively.)
`17 Q. So now I'm asking you: Just assume a given
`18 baseline, whatever it is. Does the distance of the
`19 objects away from the photographing position -- that
`20 is, the distance of the object from the scene -- does
`21 that affect whether or not a person reviewing the
`22 resultant images will or will not have a perception
`23 of depth?
`24 MR. NELSON: Objection to form.
`25 THE WITNESS: And, again, it depends on a
`
`1 clarification?
`2 Q. Sure.
`3 A. Several times you've asked questions about
`4 a camera and then you've switched over to human
`5 perception, and there are differences that could come
`6 into play here.
`7 Q. Right.
`8 So the context -- just to be clear, the
`9 human perception part of my questioning to you at
`10 this point has to do with a human viewing the images.
`11 There's also a process and attributes of a process by
`12 which the image is recorded.
`13 A. Uh-huh (affirmative).
`14 Q. Okay. So when I talk about a human
`15 perceiving depth, I'm talking about a human
`16 perceiving depth and looking at the images in this
`17 context; okay?
`18 A. Uh-huh (affirmative).
`19 Q. So does the distance of objects in the
`20 scene from the position -- positions at which the
`21 images are recorded, does that affect the disparity?
`22 MR. NELSON: Objection to form.
`23 THE WITNESS: Yes.
`24 Q. (By Mr. Hanley) Okay. And does the
`25 baseline affect the disparity?
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`1 A. Yes.
`2 Q. Okay. I want to show you another
`3 document -- actually, let me -- let me direct you
`4 first to your declaration, YRD-2010, in the -2019
`5 [sic] case. That's the -- this document here.
`6 Now, I'd like you to look at paragraph 19
`7 on page 7, please. And it says, "The '284 patent is
`8 a continuation in part and incorporates by reference,
`9 amongst other disclosures, the disclosure of U.S.
`10 Patent Application No. 09/396,248, filed
`11 September 16, 1999, issued as the '003 patent."
`12 Do you see that?
`13 A. Uh-huh (affirmative).
`14 Q. You need to audibly say "yes."
`15 A. Yes.
`16 Q. Okay. And you studied the '284 patent;
`17 correct?
`18 A. Yes.
`19 Q. All right. So let me ask it a little
`20 bit...
`21 (Exhibit-Sony 1001 was marked for
`22 identification.)
`23 Q. (By Mr. Hanley) So what I placed before
`24 you is a copy of U.S. Patent 7,477,284, and it is
`25 Exhibit Sony 1001 in the -219 case.
`
`1 Is the first one the '003 patent?
`2 Q. Well, I will say yes, but if you want to
`3 turn back to your declaration, paragraph 19 that we
`4 just looked at, I think you'll see some correlation
`5 between the serial number identified in your
`6 declaration and the --
`7 A. Okay.
`8 Q. -- serial number identified in that.
`9 A. I just want to make sure, because there are
`10 several numbers and stuff like that. I don't want to
`11 confuse anything.
`12 Yes, the first one is that.
`13 Q. When you say "the first one," it's U.S.
`14 Patent Application Serial No. 09/396,248 identified
`15 in line 20?
`16 A. Yep.
`17 If somebody wants to tell me exactly what
`18 this document is referring to, the second one, that
`19 is 09/726,198.
`20 Q. Okay. I can identify that for you, but
`21 since it's not a document that I'm going to ask you
`22 questions about, why don't we just pass that one for
`23 the moment and go to the third one.
`24 A. Okay. Same question, what -- if somebody
`25 can identify the third one, I can confirm I've seen
`
`Page 23
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`Page 25
`
`1 Is this a copy of the '284 patent that you
`2 studied?
`3 A. Yes.
`4 Q. Now, if you would turn, please, to Column 1
`5 of the text.
`6 And do you see there at about line 19, it
`7 says "Incorporation by Reference"?
`8 A. Line 19?
`9 Q. Somewhere between 15 and 20.
`10 A. 20.
`11 Q. Okay. You just have to interpolate the
`12 line number.
`13 A. Sure.
`14 Q. And we're in Column 1, Professor?
`15 A. "Incorporation" -- sorry.
`16 Q. You see that?
`17 A. Yes.
`18 Q. And then in the three paragraphs that
`19 follow that heading, there's a reference to three
`20 documents.
`21 A. Uh-huh (affirmative).
`22 Q. All right. Now, did you review each of the
`23 three documents that are identified under the heading
`24 "Incorporation by Reference"?
`25 A. Okay. Let me make sure.
`
`1 it.
`2 Q. Okay. So let me show you, then, a document
`3 that we are introducing here at this deposition, and
`4 it is marked Sony Exhibit 1039 in the -218 case and
`5 Sony 1041 in the -219 case, and it is a copy of U.S.
`6 Patent 6,831,677.
`7 MR. NELSON: I'll object. This wasn't
`8 disclosed to us in accordance with the PTAB
`9 rules prior to the deposition.
`10 And we can do it one way or the other. I'm
`11 going to either interpose an objection to every
`12 single question about it or we can just have a
`13 standing objection as to questioning about this.
`14 MR. HANLEY: Okay. We'll understand that
`15 there's a standing objection. I don't agree
`16 with you on the interpretation of the rules as
`17 it relates to cross-examination, but, you know,
`18 we'll have that argument later on, I assume.
`19 But I'll understand you have a standing
`20 objection to questioning about this exhibit.
`21 (Exhibits-Sony 1039 and Sony 1041 were
`22 marked for identification.)
`23 THE WITNESS: Okay.
`24 Q. (By Mr. Hanley) Okay. So, Professor Essa,
`25 you see we have -- we have what I'll refer to as the
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`1 '677 patent. And if you'll note, sir, there's an
`2 application number that's identified on the -- on the
`3 face of this '677 patent. It's identified as -- line
`4 21 in the first column. I'm asking you about the
`5 '677 patent, sir, first --
`6 A. Okay.
`7 Q. -- and I'm directing you to the first
`8 page --
`9 A. First page.
`10 Q. -- left column --
`11 A. Left column.
`12 Q. -- line 21.
`13 A. Okay.
`14 Q. And that says "Application
`15 No. 09/792,638 --
`16 A. Okay.
`17 Q. -- correct?
`18 A. Yes.
`19 Q. Okay. And you'll see in the '284 patent in
`20 Column 1 at line 34, it refers to U.S. Application --
`21 Patent Application Serial No. 09/792,638.
`22 You see that?
`23 A. Yes, it does.
`24 Q. So do you understand, then, that the '677
`25 patent is the issued patent from Application
`
`1 Do you see that?
`2 A. Yes, I do.
`3 Q. So -- so that sentence and, actually,
`4 the -- the remainder of the paragraph that I asked
`5 you to read is addressing disparity in the context of
`6 a person viewing -- viewing the scene itself;
`7 correct?
`8 A. So it seems.
`9 Q. All right. Now, if you now, please, read
`10 the paragraph that follows that one. It begins at
`11 line 43 and goes down to line 57.
`12 Before you do that, let me ask you this:
`13 In -- in reading the -- the paragraph that you just
`14 read beginning at line 26, did you see any statements
`15 in there with which you disagreed?
`16 MR. NELSON: In addition to my standing
`17 objection, I'll object this is outside the scope
`18 of direct testimony.
`19 THE WITNESS: I was just going to point out
`20 that I don't think I had made any opinions about
`21 any of these, because this is the first time I'm
`22 seeing this document.
`23 Q. (By Mr. Hanley) Okay. Now, you do
`24 understand that this -- this document is incorporated
`25 by reference in the patent that -- the '284 patent
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`1 09/792,638?
`2 A. As per the document and as per what you
`3 say.
`4 Q. Okay. Did you review the '677 patent?
`5 A. No, I did not.
`6 Q. You did not, okay.
`7 All right. Let me -- let me then ask
`8 you -- I'm going to ask you for your -- I've -- I'll
`9 direct you to some statements that are made here and
`10 I'd like to get your viewpoint on whether or not you
`11 agree with what's said.
`12 So let's go to Column 1 of the '677 patent,
`13 and I'd like you to, if you wouldn't mind, sir, read
`14 the paragraph that appears at lines 26 through -- I
`15 guess that's 42. It's the first paragraph under the
`16 heading "Background of the Invention." And you can
`17 just read that to yourself.
`18 A. Okay.
`19 Q. Now, do you see in that paragraph beginning
`20 at about line 30, there's a sentence that says, "The
`21 disparity is a function of both the distance of the
`22 object from the viewer and the baseline corresponding
`23 to, for example, the distance between the viewer's
`24 eyes, which results in an angle that the brain
`25 interprets as distance."
`
`1 that you studied; correct?
`2 A. As you demonstrated, yes.
`3 Q. And "incorporation by reference" means the
`4 contents are -- are part of the text of the '284
`5 patent as though they were -- they appear there in --
`6 in complete form; correct?
`7 A. Correct.
`8 MR. NELSON: Calls for legal conclusion.
`9 Q. (By Mr. Hanley) All right. So let me
`10 state the question to you again.
`11 When you read the paragraph in Column 1 of
`12 the '677 patent that begins at line 26, did you see
`13 any statements in there with which you disagreed?
`14 A. Again, I'm just going to refer back to the
`15 fact that if you look at my declaration, it has
`16 nothing to do with this document.
`17 Q. Well, your declaration has to do with the
`18 '284 patent, does it not?
`19 MR. NELSON: Objection. Argumentative.
`20 Q. (By Mr. Hanley) Doesn't it?
`21 A. It has to do with the '284 patent, yes.
`22 Q. And the '284 patent incorporates by
`23 reference the text of this document, the '677 patent,
`24 doesn't it?
`25 MR. NELSON: Calls for legal conclusion.
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`1 THE WITNESS: Yes.
`2 Q. (By Mr. Hanley) So if one were to review
`3 the full text of the '284 patent, then one would
`4 review the '677 patent, as well, wouldn't one?
`5 A. Given the time, I could.
`6 Q. All right. So I'm not sure we got an
`7 answer to the question.
`8 Did you -- did you find any statements in
`9 the paragraph in Column 1 that begins at line 26 with
`10 which you disagreed?
`11 A. On a quick reading, no.
`12 Q. Okay. Now let's go down to the next
`13 paragraph. I think I asked you to start reading it
`14 and I'd like to go ahead and do that process. It's
`15 the paragraph that begins at line 43.
`16 A. Sure.
`17 Q. Okay. Now, did you see anything in that
`18 paragraph, on reading here, that you disagreed with?
`19 A. Not disagreed with, but there are parts of
`20 it that I'm sure are clarified a little bit later in
`21 the document that are maybe there just mentioned.
`22 Q. Fair enough.
`23 Now, this paragraph, this one is -- is
`24 discussing the fact that depth can be perceived from
`25 viewing images that have been recorded of a scene;
`
`1 in a manner similar to the way in which the eyes
`2 provide disparity if they were viewing the scene
`3 directly."
`4 You see that and do you agree with that
`5 statement?
`6 A. Again, "manner similar" is the one that I'm
`7 saying might be a little bit more details on that
`8 specific term somewhere. But in that context, yes.
`9 Q. But as far as it goes --
`10 A. Yeah.
`11 Q. -- you don't di