Leonard Barton
`
` 1 UNITED STATES PATENT AND TRADEMARK OFFICE
` __________
`
` 2
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
` 3 __________
`
` 4 SONY CORPORATION
` Petitioner
`
` 5
`
` v.
`
` 6
`
` YISSUM RESEARCH DEVELOPMENT COMPANY
` 7 OF THE HEBREW UNIVERSITY OF JERUSALEM
` Patent Owner
` 8 __________
`
` 9 Cases IPR2013-00218 (Patent 6,665,003 B1)
` IPR2013-219 (Patent 7,477,284 B2)
` 10 __________
`
` Deposition of
`
` LEONARD BARTON
`
` Tuesday, April 15, 2014
`
` 11
`
` 12
`
` 13
`
` 14
`
` 15
`
` 16
`
` 17
`
` 18
`
` 19
`
` 20
`
` 21
`
` 22 REPORTED BY:
`
` 23 ANNE M. TORREANO
`
` 24 CSR #10520, RPR, CCRR, CLR
`
` 25 FILE NO. 14-17151
`
`DepoServices.com
`
`CHASE LITIGATION SERVICES
`
` 800.949.8044
`1
`
`
`
` 1 UNITED STATES PATENT AND TRADEMARK OFFICE
` __________
`
` 2
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
` 3 __________
`
` 4 SONY CORPORATION
` Petitioner
`
` 5
`
` v.
`
` 6
`
` YISSUM RESEARCH DEVELOPMENT COMPANY
` 7 OF THE HEBREW UNIVERSITY OF JERUSALEM
` Patent Owner
` 8 __________
`
` 9 Cases IPR2013-00218 (Patent 6,665,003 B1)
` IPR2013-219 (Patent 7,477,284 B2)
` 10 __________
`
` Deposition of
`
` LEONARD BARTON
`
` Tuesday, April 15, 2014
`
` 11
`
` 12
`
` 13
`
` 14
`
` 15
`
` 16
`
` 17
`
` 18
`
` 19
`
` 20
`
` 21
`
` 22 REPORTED BY:
`
` 23 ANNE M. TORREANO
`
` 24 CSR #10520, RPR, CCRR, CLR
`
` 25 FILE NO. 14-17151
`
`DepoServices.com
`
`CHASE LITIGATION SERVICES
`
` 800.949.8044
`1
`
`
`
`Leonard Barton
`
` 1 BE IT REMEMBERED that, pursuant to the laws
`
` 2 governing the language the taking and use of
`
` 3 depositions, on Tuesday, April 15, 2014, commencing at
`
` 4 3:35 p.m. at the law offices of Tensegrity Law Group,
`
` 5 LLP, 555 Twin Dolphin Drive, Redwood Shores,
`
` 6 California, before me, ANNE M. TORREANO, CSR No. 10520,
`
` 7 personally appeared LEONARD BARTON, called as a witness
`
` 8 by the Petitioner, who, being by me first duly sworn,
`
` 9 was thereupon cross-examined by the Patent Owner as a
`
` 10 witness in said action.
`
` 11
`
` 12 A P P E A R A N C E S
`
` 13
`
` 14 For Patent Owner YISSUM RESEARCH DEVELOPMENT COMPANY OF
`
` 15 THE HEBREW UNIVERSITY OF JERUSALEM:
`
` 16 TENSEGRITY LAW GROUP, LLP
`
` 17 BY: WILLIAM NELSON
`
` 18 555 Twin Dolphin Drive
`
` 19 Suite 360
`
` 20 Redwood Shores, California 94065
`
` 21 (650) 802-6075
`
` 22 william.nelson@tensegritylawgroup.com
`
` 23
`
` 24
`
` 25 (CONTINUED ON THE NEXT PAGE)
`
`DepoServices.com
`
`CHASE LITIGATION SERVICES
`
` 800.949.8044
`2
`
`
`
`Leonard Barton
`
` 1 A P P E A R A N C E S
`
` 2 (CONTINUED)
`
` 3
`
` 4
`
` 5
`
` 6
`
` 7
`
` 8
`
` 9
`
` 10
`
` 11
`
` 12
`
` 13
`
` 14
`
` 15
`
` 16
`
` 17
`
` 18
`
` 19
`
` 20
`
` 21
`
` 22
`
` For Patent Owner YISSUM RESEARCH DEVELOPMENT COMPANY OF
`
` THE HEBREW UNIVERSITY OF JERUSALEM:
`
` HAYNES BOONE, LLP
`
` BY: GREGORY P. HUH
`
` 2505 North Plano Road
`
` Suite 4000
`
` Richardson, Texas 75082
`
` (972) 739-6939
`
` gregory.huh@haynesboone.com
`
` For Petitioner SONY:
`
` KENYON & KENYON, LLP
`
` BY: WALTER E. HANLEY, JR.
`
` BY: MICHAEL E. SANDER
`
` One Broadway
`
` New York, New York 10004-1007
`
` (212) 425-7200
`
` whanley@kenyon.com
`
` msander@kenyon.com
`
` 23 Also Present:
`
` 24 IFRAN ESSA, Ph.D.
`
` 25
`
`DepoServices.com
`
`CHASE LITIGATION SERVICES
`
` 800.949.8044
`3
`
`
`
`Leonard Barton
`
` 1 EXAMINATION INDEX
`
` 2 LEONARD BARTON PAGE
`
` 3 BY MR. NELSON 5
`
` 4 BY MR. SANDER 24
`
` 5
`
` 6
`
` 7
`
` 8 EXHIBIT INDEX
`
` 9 SONY PAGE
`
` 10 EXHIBIT 1042/1040 Wikipedia article titled 16
`
` 11 "Stereoscopy"
`
` 12
`
` 13
`
` 14
`
` 15
`
` 16
`
` 17
`
` 18
`
` 19
`
` 20
`
` 21
`
` 22
`
` 23
`
` 24
`
` 25
`
`DepoServices.com
`
`CHASE LITIGATION SERVICES
`
` 800.949.8044
`4
`
`
`
`Leonard Barton
`
` 1 TUESDAY, APRIL 15, 2014 3:35 P.M.
`
` 2 P R O C E E D I N G S
`
` 3 LEONARD BARTON,
`
` 4 having been duly sworn to tell the truth,
`
` 5 testified as follows:
`
` 6 EXAMINATION
`
` 7 BY MR. NELSON:
`
` 8 Q. Mr. Barton, thank you for coming out this
`
` 9 afternoon to talk with us. I appreciate it. My name's
`
` 10 Will Nelson. I'll be asking questions of you in this
`
` 11 deposition.
`
` 12 And have you ever had your deposition taken
`
` 13 before?
`
` 14 A. No.
`
` 15 Q. Okay. Well, I'm going to ask you a series of
`
` 16 questions, and I'll wait for you to give your answers.
`
` 17 The only piece of advice I can offer is that
`
` 18 it's important to answer questions with a "yes" or
`
` 19 "no," not an "uh-huh" or nod or shake of your head,
`
` 20 because the court reporter's taking everything down
`
` 21 that I ask you and then everything that you say in
`
` 22 return.
`
` 23 Can you try to do that for me?
`
` 24 A. I understand. Yes, I shall.
`
` 25 Q. Thank you.
`
`DepoServices.com
`
`CHASE LITIGATION SERVICES
`
` 800.949.8044
`5
`
`
`
`Leonard Barton
`
` 1 A. Just remind me if I slip into it.
`
` 2 Q. Will do. Will do.
`
` 3 So you're here because you submitted two
`
` 4 declarations in connection with a dispute between Sony
`
` 5 and HumanEyes; is that right?
`
` 6 A. That is correct.
`
` 7 Q. Okay. So I'm going to hand you a copy of the
`
` 8 declarations. And just so we're on the same page, I'm
`
` 9 going to ask you to confirm. So there's one of these
`
` 10 that is titled, underneath the names of the parties --
`
` 11 one of these titled are IPR2013-218.
`
` 12 Do you see that one in front of you?
`
` 13 A. Yes.
`
` 14 Q. And there's another one that's titled
`
` 15 IPR2013-219.
`
` 16 Do you see that?
`
` 17 A. Yes, I do.
`
` 18 Q. Okay. Will you just take a quick look at
`
` 19 these? My only question for you right now is: Are
`
` 20 these copies of the declarations that you submitted and
`
` 21 signed?
`
` 22 A. To the best of my knowledge, yes. They're
`
` 23 essentially identical declarations with a few new
`
` 24 cases.
`
` 25 Q. I understand.
`
`DepoServices.com
`
`CHASE LITIGATION SERVICES
`
` 800.949.8044
`6
`
`
`
`Leonard Barton
`
` 1 And that's your signature dated April 5, 2014
`
` 2 on the 219 as well as on the 218; is that right?
`
` 3 A. Yes.
`
` 4 Q. Okay. Did you write these declarations?
`
` 5 A. Yes. Essentially, yeah.
`
` 6 Q. Okay. Well, let me ask you this question:
`
` 7 How did you come to be involved in this case, sir?
`
` 8 A. I was approached by an assistant to Mr. Sander
`
` 9 through my Wikipedia account. I have a blind address.
`
` 10 They just submitted -- they don't see my address, and
`
` 11 then it's routed to me by Wikipedia.
`
` 12 Q. Okay. And they asked you to -- some
`
` 13 questions, I take it, about something you've done on
`
` 14 Wikipedia?
`
` 15 A. Yes.
`
` 16 Q. Okay. And the result of your discussions with
`
` 17 these folks, Mr. Sander's assistant, are these
`
` 18 declarations?
`
` 19 A. Right.
`
` 20 Q. Okay.
`
` 21 A. Now, the contents in terms of what was desired
`
` 22 to be stated, not actual statement but the line items,
`
` 23 those were under --
`
` 24 Q. I think I understand. You had a conversation
`
` 25 with the lawyers; they sort of took it down and gave
`
`DepoServices.com
`
`CHASE LITIGATION SERVICES
`
` 800.949.8044
`7
`
`
`
`Leonard Barton
`
` 1 you a version of it that you approved or signed;
`
` 2 correct?
`
` 3 A. Well, yes. I mean, these are my words.
`
` 4 Q. I understand, sir. Okay.
`
` 5 Have you been paid for your time in connection
`
` 6 with these declarations?
`
` 7 A. Not yet.
`
` 8 Q. Fair enough. Simple.
`
` 9 Are you going to be paid in connection with
`
` 10 your time for these declarations?
`
` 11 A. I expect to be.
`
` 12 (REPORTER INTERRUPTION.)
`
` 13 MR. NELSON: We're ready to go again?
`
` 14 BY MR. NELSON:
`
` 15 Q. Are you being or will you be paid on an hourly
`
` 16 basis for your participation in this case?
`
` 17 A. Yes.
`
` 18 Q. And what is your hourly rate for your
`
` 19 participation in this case?
`
` 20 A. For in-office work it's $75 an hour. For
`
` 21 out-of-office work it's $125 an hour.
`
` 22 Q. And your expectation is that Sony -- it's Sony
`
` 23 that's paying your fees here?
`
` 24 A. That has not been arranged. I don't know
`
` 25 whether that would be paid through Kenyon & Kenyon or
`
`DepoServices.com
`
`CHASE LITIGATION SERVICES
`
` 800.949.8044
`8
`
`
`
` 1 through Sony.
`
`Leonard Barton
`
` 2 Q. Okay. And am I correct -- is it fair to say
`
` 3 that the subjects overall of your declaration regards a
`
` 4 picture you took and put on a Wikipedia page?
`
` 5 A. I've been led to believe that that is so.
`
` 6 Q. Okay. Let's just look at your declaration and
`
` 7 see where it leads us. Okay? Why don't you look at
`
` 8 the one that is in the 218 case, just so we're all on
`
` 9 the same page.
`
` 10 Paragraph 3 says, "I have edited hundreds of
`
` 11 Wikipedia articles and have contributed over 200
`
` 12 photographs to Wikipedia."
`
` 13 Do you see that?
`
` 14 A. Yes.
`
` 15 Q. Do you know what a stereo image is?
`
` 16 A. Stereoscopic image?
`
` 17 Q. Stereoscopic image, sir, what is that?
`
` 18 A. That is an image that has two images which are
`
` 19 either -- that are presented or composited in such a
`
` 20 way that each eye views one of the other images. So
`
` 21 you have a left and right. And the brain then produces
`
` 22 a stereoscopic illusion.
`
` 23 Q. Okay. And of the hundreds -- the 200
`
` 24 photographs or over 200 photographs that you've
`
` 25 contributed to Wikipedia, how many of those were
`
`DepoServices.com
`
`CHASE LITIGATION SERVICES
`
` 800.949.8044
`9
`
`
`
`Leonard Barton
`
` 1 stereoscopic edges?
`
` 2 A. Probably around half a dozen.
`
` 3 Q. You say a little later in paragraph 3, "Copies
`
` 4 of my stereoscopic photographs have appeared in
`
` 5 Wikipedia articles such as 'Anaglyph,' '3D' and
`
` 6 'Stereoscopy.'"
`
` 7 Do you see that?
`
` 8 A. Yes.
`
` 9 Q. Okay. Now, I wanted to ask you something
`
` 10 about paragraph 4. You state that "The Wikipedia
`
` 11 article entitled 'Stereoscopy,' that is accessible as a
`
` 12 URL here that ends with 'stereoscopy,' includes a
`
` 13 red/cyan stereoscopic anaglyph image created from a
`
` 14 pair of images that I captured in 2004."
`
` 15 Do you see that?
`
` 16 A. Yes.
`
` 17 Q. Is that a true statement as we sit here today?
`
` 18 A. At the moment, no.
`
` 19 Q. It's not on the Wikipedia page anymore, is it?
`
` 20 A. No. Someone went through and combined some
`
` 21 articles. However, I believe that one of the exhibits
`
` 22 that Mr. Sander presented to me does have essentially a
`
` 23 permalink. All the edit history of an article can be
`
` 24 accessed all the way down to its original creation,
`
` 25 even though it was many years ago.
`
`DepoServices.com
`
`CHASE LITIGATION SERVICES
`
` 800.949.8044
`10
`
`
`
`Leonard Barton
`
` 1 Q. Sure.
`
` 2 And it's your understanding that this older
`
` 3 version of the page has an image you took that's a
`
` 4 stereographic image?
`
` 5 A. Yes.
`
` 6 Q. Okay. So it's your understanding that anybody
`
` 7 that wants to can edit a Wikipedia page and put
`
` 8 whatever they want up there; correct?
`
` 9 A. Yes.
`
` 10 Q. Okay. And is it your sense that someone did
`
` 11 that to your image? They came and edited the page and
`
` 12 now that image is gone, or at least gone in the current
`
` 13 version?
`
` 14 A. That kind of thing happens. Sometimes for
`
` 15 good reason, sometimes for vandalism, sometimes for
`
` 16 annoyance.
`
` 17 Q. Are you going to put your image back?
`
` 18 A. I may create an article concerning baseline --
`
` 19 you know, varying baselines that would probably be long
`
` 20 baseline photography. There would be probably a
`
` 21 reference in that article.
`
` 22 Q. What do you mean by "long baseline
`
` 23 photography"?
`
` 24 A. Well, for objects that are at normal viewing
`
` 25 distance, say, for example, we're taking an image --
`
`DepoServices.com
`
`CHASE LITIGATION SERVICES
`
` 800.949.8044
`11
`
`
`
`Leonard Barton
`
` 1 I'm taking an image of you in three dimensions; I could
`
` 2 get good depth perception on this with a separation,
`
` 3 you know, certain separation.
`
` 4 Now, if I wanted to take a good discrimination
`
` 5 between, say, those distant buildings, say those two
`
` 6 buildings over there, if I use the same image offset
`
` 7 that would be appropriate for taking a picture across
`
` 8 the table, then those objects would not be
`
` 9 discriminated. They would essentially be presented
`
` 10 pretty much as being at the same depth, which would be
`
` 11 distant.
`
` 12 And by photographing them with more widely
`
` 13 separated cameras, then I get the same stereoscopic
`
` 14 separation that would be appropriate for across the
`
` 15 table.
`
` 16 Q. Okay. And by "separation," you mean distance
`
` 17 between the capturing positions of the two images?
`
` 18 A. Yes. Transverse to the line of sight.
`
` 19 Q. Okay. And so by "long baseline photography,"
`
` 20 you mean that this displacement between capturing
`
` 21 positions is substantial, a substantial displacement?
`
` 22 A. Well, it's more than the normal intraocular
`
` 23 distance of about two and a half inches.
`
` 24 Q. Could be a hundred feet?
`
` 25 A. Could be, but that would be an appropriate or
`
`DepoServices.com
`
`CHASE LITIGATION SERVICES
`
` 800.949.8044
`12
`
`
`
`Leonard Barton
`
` 1 close picture, but it might be insufficient for very
`
` 2 long distance picture.
`
` 3 Q. Could be more than a hundred feet?
`
` 4 A. Yes.
`
` 5 Q. Okay. And so your declaration, as I
`
` 6 understand it, concerns an image that you took, if I
`
` 7 understand paragraph 4 of your declaration correctly,
`
` 8 from Dinosaur Hill in Pleasant Hill; is that correct?
`
` 9 Dinosaur Park?
`
` 10 A. Yes.
`
` 11 Q. Okay. And if I understand your declaration,
`
` 12 the rest of your declaration just concerns your
`
` 13 recollection of what you did to capture the images;
`
` 14 correct?
`
` 15 A. Yes.
`
` 16 Q. Okay.
`
` 17 A. And composite them.
`
` 18 Q. And to composite them. Right.
`
` 19 A. And to upload them.
`
` 20 Q. So paragraph 5 says, "I used a Sony DSC P5 to
`
` 21 record the two images."
`
` 22 Okay. What's a DSC P5? That's a digital
`
` 23 camera?
`
` 24 A. Yes, it's fairly early in the history of
`
` 25 digital photography. It was about turn of the
`
`DepoServices.com
`
`CHASE LITIGATION SERVICES
`
` 800.949.8044
`13
`
`
`
`Leonard Barton
`
` 1 century. It's a low cost. It uses a memory stick
`
` 2 recording technology. It has a optical viewfinder
`
` 3 which I find very nice.
`
` 4 Q. Sure. Okay.
`
` 5 So if I understand, you went to the top of the
`
` 6 hill; correct?
`
` 7 A. Correct.
`
` 8 Q. No, you were on the ground?
`
` 9 A. Well, Dinosaur Hill Park has hilly terrain.
`
` 10 When you come from Pleasant Hill Road, you go down
`
` 11 Dinosaur Hill Park. There's a parking area there, and
`
` 12 the hill itself is behind you when you're now in the
`
` 13 face of the park.
`
` 14 Q. Okay. Okay.
`
` 15 A. So I was not at the peak.
`
` 16 Q. All right. But as you say in your
`
` 17 declaration, you did try to ensure that the elevation
`
` 18 between the two photos was the same?
`
` 19 A. Certainly.
`
` 20 Q. Okay. Why did you do that?
`
` 21 A. Well, consider that if I was to take a picture
`
` 22 of you and -- say I had two cameras mounted on a
`
` 23 board. But now if I elevate one camera on this board
`
` 24 to a standoff, then these pictures are not going to be
`
` 25 properly aligned horizontally to allow them to be
`
`DepoServices.com
`
`CHASE LITIGATION SERVICES
`
` 800.949.8044
`14
`
`
`
` 1 composited into a stereo image.
`
`Leonard Barton
`
` 2 Q. Okay. So you say in your declaration that you
`
` 3 took the first picture --
`
` 4 A. May I correct that? I should say an
`
` 5 acceptable stereo image.
`
` 6 Q. Okay.
`
` 7 A. It's maybe a little disconcerting visually.
`
` 8 Q. Understood.
`
` 9 So you took the first image. And did you just
`
` 10 walk a few feet to the next shooting spot?
`
` 11 A. I estimated it about a hundred feet.
`
` 12 Q. A hundred feet? Why a hundred feet?
`
` 13 A. Because of the distance of the hills --
`
` 14 actually, I was trying to get a stereoscopic image of
`
` 15 Mt. Diablo and its foothills. Hundred feet does
`
` 16 discriminate between the foothills, and the main
`
` 17 Mt. Diablo has two peaks that are visible from Dinosaur
`
` 18 Hill Park, which is South Peak and North Peak. And
`
` 19 when I composited the images and viewed them, I did not
`
` 20 get any discrimination between those two images. In
`
` 21 other words, the offset was not sufficient to resolve
`
` 22 those in a stereoscopic presentation. So I cropped the
`
` 23 image just to the foothills portion.
`
` 24 Q. Okay. And you -- after you did some work on
`
` 25 the image as described in paragraph 6, you uploaded it
`
`DepoServices.com
`
`CHASE LITIGATION SERVICES
`
` 800.949.8044
`15
`
`
`
`Leonard Barton
`
` 1 to Wikipedia.
`
` 2 Is that what your declaration says? That's
`
` 3 paragraph 7.
`
` 4 A. Yes.
`
` 5 Q. Okay.
`
` 6 A. And I subsequently then, same day, included it
`
` 7 in that article.
`
` 8 Q. Okay. I'm going to hand you this. Ask you --
`
` 9 I'm not going to ask you to read it yet. It's pretty
`
` 10 lengthy. But I am going to ask you if you can find the
`
` 11 edge that's the subject of your declaration.
`
` 12 MR. SANDER: Well, I'm going to object to
`
` 13 this. This does not adhere to the exhibit that was
`
` 14 actually submitted into evidence.
`
` 15 MR. NELSON: Well, let's take a break and go
`
` 16 get that one, then. That's fine.
`
` 17 MR. SANDER: I think we have one here.
`
` 18 THE WITNESS: One does have to be careful
`
` 19 about Wikipedia as far as dates.
`
` 20 MR. NELSON: Sure.
`
` 21 (RECESS TAKEN.)
`
` 22 MR. NELSON: We're back on?
`
` 23 (SONY EXHIBIT 1042, 1040 INTRODUCED.)
`
` 24 BY MR. NELSON:
`
` 25 Q. Okay. So Mr. Barton, I'm going to direct
`
`DepoServices.com
`
`CHASE LITIGATION SERVICES
`
` 800.949.8044
`16
`
`
`
`Leonard Barton
`
` 1 your attention to what was marked as Sony 1042 and Sony
`
` 2 1040, the Wikipedia article about stereoscopy.
`
` 3 A. Right.
`
` 4 Q. And I'm going to ask you if you can find your
`
` 5 image that's the subject of your declaration in this
`
` 6 version of the Wikipedia article.
`
` 7 A. Yeah, you had sent me a black-and-white, and
`
` 8 then I made note on that that was my image.
`
` 9 Q. Mr. Barton, you'll want to get that one right
`
` 10 there.
`
` 11 A. This is --
`
` 12 Q. Oh, this is the souvenir one?
`
` 13 A. Yes.
`
` 14 Q. Oh. You want this one. There we go.
`
` 15 MR. SANDER: Do you have one?
`
` 16 MR. NELSON: Nah. I gave it away.
`
` 17 THE WITNESS: The purpose has -- this has a
`
` 18 perfectly satisfactory rendering of the imaging
`
` 19 question.
`
` 20 BY MR. NELSON:
`
` 21 Q. Right. It's just important that we use the
`
` 22 one that's already been submitted.
`
` 23 A. I understand.
`
` 24 Q. So I'm just using that.
`
` 25 A. Are you ready to start questions and answers
`
`DepoServices.com
`
`CHASE LITIGATION SERVICES
`
` 800.949.8044
`17
`
`
`
`Leonard Barton
`
` 1 now, or was that included?
`
` 2 Q. We are on, sir. We are on the record.
`
` 3 A. Okay.
`
` 4 Q. So --
`
` 5 A. We're on item 8, here?
`
` 6 Q. Well, I'm just asking you if you can find in
`
` 7 the Wikipedia article that I gave you the picture that
`
` 8 you took that's the subject of your declaration.
`
` 9 A. Yes.
`
` 10 Q. Okay. Where is it, sir?
`
` 11 A. It's on page 13 of 19.
`
` 12 Q. Okay. And is it the image that's described
`
` 13 with title "Long baseline image showing prominent
`
` 14 foothill ridges; click the image for more information
`
` 15 on the technique"?
`
` 16 A. Yes.
`
` 17 Q. Sir, do you know what a mosaic image is?
`
` 18 A. Yes.
`
` 19 MR. SANDER: Objection. It's beyond the scope
`
` 20 of the direct testimony.
`
` 21 BY MR. NELSON:
`
` 22 Q. Sir, do you know what a mosaic image is?
`
` 23 A. Yeah.
`
` 24 Q. Okay. What's a mosaic image?
`
` 25 A. That's an image that is composited from a
`
`DepoServices.com
`
`CHASE LITIGATION SERVICES
`
` 800.949.8044
`18
`
`
`
`Leonard Barton
`
` 1 number of smaller images. Or images of lesser extent.
`
` 2 MR. SANDER: Same objection.
`
` 3 BY MR. NELSON:
`
` 4 Q. And sir, is this -- well, it's really two
`
` 5 images here, isn't it, sir, composited one over the
`
` 6 other or layered one over the other?
`
` 7 A. Yes.
`
` 8 Q. Are the images here mosaic images?
`
` 9 A. No.
`
` 10 MR. SANDER: Objection. Beyond the scope.
`
` 11 It's okay.
`
` 12 THE WITNESS: Excuse me. Excuse me.
`
` 13 BY MR. NELSON:
`
` 14 Q. No, no, it's fine.
`
` 15 These images were taken using a conventional
`
` 16 photography. You took one photo. You moved a hundred
`
` 17 feet, and you took another photo; correct, sir?
`
` 18 A. Correct. Single images.
`
` 19 Q. Single images.
`
` 20 A. Okay. And it's cropping of the image, too.
`
` 21 Q. Okay. And, sir, have you ever created a
`
` 22 mosaic image?
`
` 23 MR. SANDER: Beyond the scope.
`
` 24 THE WITNESS: Excuse me.
`
` 25 Yes, I have a number of them.
`
`DepoServices.com
`
`CHASE LITIGATION SERVICES
`
` 800.949.8044
`19
`
`
`
`Leonard Barton
`
` 1 BY MR. NELSON:
`
` 2 Q. Good. I'm going to ask a question, but he
`
` 3 gets to object. You'll want to let him finish up and
`
` 4 then --
`
` 5 A. I'm sorry. I'm just not into the groove here
`
` 6 yet.
`
` 7 Q. Understood. You will probably not have the
`
` 8 opportunity to get into the groove because we'll move
`
` 9 along pretty quickly.
`
` 10 The next question I have is, have you ever
`
` 11 created a pair of mosaic images for stereoscopic
`
` 12 viewing?
`
` 13 MR. SANDER: Objection. Beyond the scope.
`
` 14 THE WITNESS: No.
`
` 15 BY MR. NELSON:
`
` 16 Q. Looking at the exhibit here, the "Stereoscopy"
`
` 17 article at Sony 1042 and Sony 1040, apart from
`
` 18 contributing the image, did you write any of this
`
` 19 article?
`
` 20 A. Oh, yes. To tell you exactly what I wrote, I
`
` 21 would have to hear the history of the article and I can
`
` 22 tell you exactly what I've added other than perhaps an
`
` 23 incidental edit that was done without being logged in.
`
` 24 But those are fairly rare.
`
` 25 Q. Sir, did you write any part of section 6
`
`DepoServices.com
`
`CHASE LITIGATION SERVICES
`
` 800.949.8044
`20
`
`
`
`Leonard Barton
`
` 1 describing baseline suggestion selection?
`
` 2 MR. SANDER: Objection. Beyond the scope of
`
` 3 the direct.
`
` 4 THE WITNESS: I'm sorry. Section 6?
`
` 5 BY MR. NELSON:
`
` 6 Q. Sir, I think that starts on page 10.
`
` 7 A. It appears to me that this is not my writing
`
` 8 here. Nor even -- I believe if you look at the history
`
` 9 you'll see that that was added at some later date, and
`
` 10 subsequently to probably my last edit. Otherwise I
`
` 11 would have noted that addition, and I didn't note it
`
` 12 until I recently found the article.
`
` 13 Q. If I could direct your attention to the next
`
` 14 page, page 11 --
`
` 15 A. I'm sorry. I was just going through the index
`
` 16 on that. So you suggested that was on page 10?
`
` 17 Q. Yes, sir. Starting at the very bottom it
`
` 18 says --
`
` 19 A. Well, in the middle?
`
` 20 Q. Well, that's page 11, sir.
`
` 21 A. Oh, I'm sorry. You did double-sided copies.
`
` 22 Right. In other words, we were talking about from
`
` 23 here. Are these -- this is not my writing and I have
`
` 24 not reviewed it in detail. It was done subsequent to
`
` 25 my previous edits.
`
`DepoServices.com
`
`CHASE LITIGATION SERVICES
`
` 800.949.8044
`21
`
`
`
`Leonard Barton
`
` 1 Q. Okay. I'm not going to ask you questions
`
` 2 about what it says in there. I just want to understand
`
` 3 whether you wrote it.
`
` 4 So my question to you is, looking halfway down
`
` 5 you'll see on page 11 a title "Longer baseline for
`
` 6 distant objects 'Hyper Stereo.'"
`
` 7 Will you find that for me?
`
` 8 A. Here?
`
` 9 Q. Yes, sir.
`
` 10 Can you confirm for me, did you write the text
`
` 11 that follows that line on pages 11, 12 and 13?
`
` 12 MR. SANDER: Objection. Beyond the scope of
`
` 13 the direct testimony.
`
` 14 THE WITNESS: When you say 13, you mean 13 up
`
` 15 to the paragraph titled "A practical example"?
`
` 16 MR. NELSON: Yes, sir.
`
` 17 THE WITNESS: But not including that?
`
` 18 MR. NELSON: Not including that.
`
` 19 THE WITNESS: No, I did not write any of that.
`
` 20 BY MR. NELSON:
`
` 21 Q. Below the image that you contributed, do you
`
` 22 see a heading that says, "Shorter baseline for ultra
`
` 23 closeups 'Macrostereo'"?
`
` 24 A. Yes, I do.
`
` 25 Q. Did you write any part of that section?
`
`DepoServices.com
`
`CHASE LITIGATION SERVICES
`
` 800.949.8044
`22
`
`
`
` 1 MR. SANDER: Objection. Beyond the scope of
`
`Leonard Barton
`
` 2 the direct testimony.
`
` 3 THE WITNESS: No, I did not.
`
` 4 BY MR. NELSON:
`
` 5 Q. If you turn to page 14, at the bottom you'll
`
` 6 see a heading that says, "Baseline tailored to viewing
`
` 7 method."
`
` 8 Do you see that?
`
` 9 A. Yes.
`
` 10 Q. Did you write any of that section?
`
` 11 MR. SANDER: Same objection.
`
` 12 THE WITNESS: No.
`
` 13 Sorry.
`
` 14 MR. SANDER: Sorry.
`
` 15 Same objection. Beyond the scope of the
`
` 16 direct testimony.
`
` 17 THE WITNESS: No, I did not.
`
` 18 BY MR. NELSON:
`
` 19 Q. Okay. If you look at page 15, do you see a
`
` 20 heading titled "Variable base for 'geometric stereo'"?
`
` 21 A. Yes, I see that section.
`
` 22 Q. Did you write any part of that section?
`
` 23 MR. SANDER: Same objection.
`
` 24 THE WITNESS: No, I did not.
`
` 25 MR. NELSON: Let's go off the record for a
`
`DepoServices.com
`
`CHASE LITIGATION SERVICES
`
` 800.949.8044
`23
`
`
`
`Leonard Barton
`
` 1 minute.
`
` 2 (DISCUSSION OFF THE RECORD.)
`
` 3 MR. NELSON: Mr. Barton, I don't have any more
`
` 4 questions. If you'd like to expand your hourly time
`
` 5 for this case, I'm happy to continue, but I don't have
`
` 6 anything else to ask.
`
` 7 MR. SANDER: Great. I just have one quick
`
` 8 question.
`
` 9 EXAMINATION
`
` 10 BY MR. SANDER:
`
` 11 Q. In looking at paragraph 4 of your declaration,
`
` 12 the first sentence, you said -- earlier in your
`
` 13 testimony you stated that the image that you uploaded
`
` 14 is no longer -- that that first sentence is no longer
`
` 15 true; correct?
`
` 16 A. The link, but the article has been changed.
`
` 17 This takes you to the current article; however, I do
`
` 18 believe that the image that you sent me, the 13-page
`
` 19 article, the black-and-white copy, there was a
`
` 20 permalink on that that says what the date was.
`
` 21 Q. Right. I just --
`
` 22 A. And that does include that image.
`
` 23 Q. So my only question is, on the date that you
`
` 24 signed this --
`
` 25 A. It was there.
`
`DepoServices.com
`
`CHASE LITIGATION SERVICES
`
` 800.949.8044
`24
`
`
`
`Leonard Barton
`
` 1 Q. -- the image was there?
`
` 2 A. The image was there, yes.
`
` 3 MR. SANDER: Great. Thank you. Thank you.
`
` 4 MR. NELSON: Thanks for your time, sir.
`
` 5 THE WITNESS: You're welcome.
`
` 6 (DEPOSITION CONCLUDED AT 4:15 P.M.)
`
` --- oOo ---
`
` 7
`
` 8
`
` 9
`
` 10
`
` 11
`
` 12
`
` 13
`
` 14
`
` 15
`
` 16
`
` 17
`
` 18
`
` 19
`
` 20
`
` 21
`
` 22
`
` 23
`
` 24
`
` 25
`
`DepoServices.com
`
`CHASE LITIGATION SERVICES
`
` 800.949.8044
`25
`
`
`
`Leonard Barton
`
` 1 CERTIFICATE OF REPORTER
`
` 2 I, ANNE M. TORREANO, hereby certify that the
`
` 3 witness was duly sworn by me, before commencement of
`
` 4 testimony by the witness, to testify the truth, the whole
`
` 5 truth, and nothing but the truth in the within-entitled
`
` 6 cause; that said deposition was taken at the time and
`
` 7 place therein stated, in the presence of the above-noted
`
` 8 people; that the testimony of said witness was reported by
`
` 9 me, a Certified Shorthand Reporter and disinterested
`
` 10 person, and was thereafter transcribed into typewriting
`
` 11 and is a true record of the testimony given by the
`
` 12 witness, and that the pertinent provisions of the
`
` 13 applicable code or rules of civil procedure relating to
`
` 14 the notification of the witness and counsel for the
`
` 15 parties hereto of the availability of the transcript of
`
` 16 the deposition for reading and signing have been met.
`
` 17 And I further certify that I am not a relative or
`
` 18 employee of a party or of an employee of an attorney or
`
` 19 agent of a party, or interested, directly or indirectly,
`
` 20 in the proceeding either as counsel, attorney, agent, or
`
` 21 otherwise.
`
` 22 DATED: April 17, 2014
`
` 23
`
` 24
`
` 25
`
` ANNE M. TORREANO, CSR No. 10520
`
`DepoServices.com
`
`CHASE LITIGATION SERVICES
`
` 800.949.8044
`26
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
