Chris G. Bartone, Ph.D., P.E.
`
`1/22/2014
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`1
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` Case IPR 2013-00240
`
` U.S. Patent No. 6,670,905
`
`----------------------------------x
`
`K-40 ELECTRONICS, L.L.C.,
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` Petitioner,
`
` vs.
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`ESCORT, INC.,
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` Patent Owner.
`
`-----------------------------------x
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` DEPOSITION OF CHRIS G. BARTONE, Ph.D., P.E.
`
` Alexandria, Virginia
`
` January 22, 2014
`
`Reported by:
`
`MICHELLE M. WEBER
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`email@tobyfeldman.com
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`Toby Feldman, Inc.
` NATIONWIDE SERVICES FOR LEGAL PROFESSIONALS
`
`(800) 246.4950
`
`Escort Ex. 2090, pg. 1
`
`
`
`1/22/2014
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`1
`
` Case IPR 2013-00240
`
` U.S. Patent No. 6,670,905
`
`----------------------------------x
`
`K-40 ELECTRONICS, L.L.C.,
`
` Petitioner,
`
` vs.
`
`ESCORT, INC.,
`
` Patent Owner.
`
`-----------------------------------x
`
` DEPOSITION OF CHRIS G. BARTONE, Ph.D., P.E.
`
` Alexandria, Virginia
`
` January 22, 2014
`
`Reported by:
`
`MICHELLE M. WEBER
`
`email@tobyfeldman.com
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`Toby Feldman, Inc.
` NATIONWIDE SERVICES FOR LEGAL PROFESSIONALS
`
`(800) 246.4950
`
`Escort Ex. 2090, pg. 1
`
`
`
`Chris G. Bartone, Ph.D., P.E.
`
`1/22/2014
`
`2
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` January 22, 2014
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` 9:53 a.m.
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` DEPOSITION of CHRIS GREGORY BARTONE, Ph.D.,
`
`P.E., held at the law offices of OBLON SPIVAK, 1940 Duke
`
`Street, Alexandria, Virginia 22314, taken by Patent
`
`Owner Escort, Inc., pursuant to Notice, before
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`MICHELLE M. WEBER, a Shorthand Reporter and Notary
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`Public within and for the Commonwealth of Virginia.
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`Toby Feldman, Inc.
` NATIONWIDE SERVICES FOR LEGAL PROFESSIONALS
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`(800) 246.4950
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`Escort Ex. 2090, pg. 2
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`
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`Chris G. Bartone, Ph.D., P.E.
`
`1/22/2014
`
`3
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`APPEARANCES
`ON BEHALF OF PETITIONER K-40 ELECTRONICS, LLC:
` OBLON SPIVAK
` 1940 Duke Street
` Alexandria, Virginia 22314
` Phone: 703-413-3000
` Fax: 703-413-2220
` By: SCOTT MCKEOWN, ESQ.
` E-mail: smckeown@obloncom
`
`ON BEHALF OF PATENT OWNER ESCORT, INC.:
` WOOD, HERRON & EVANS, LLP
` 2700 Carew Tower
` 441 Vine Street
` Cincinnati, Ohio 45202
` Phone: 513-241-2324
` Fax: 513-241-6234
` By: JOHN PAUL DAVIS, ESQ.
` THOMAS W. HUMPHREY, ESQ.
` E-mail: jdavis@whe-law.com
` thumphrey@whe-law.com
`
`ALSO PRESENT:
`JOHN GRINDON
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` NATIONWIDE SERVICES FOR LEGAL PROFESSIONALS
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`(800) 246.4950
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`Escort Ex. 2090, pg. 3
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`
`
`Chris G. Bartone, Ph.D., P.E.
`
`1/22/2014
`
`4
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` Bartone
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` CHRIS GREGORY BARTONE, Ph.D., P.E.,
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`having been first duly sworn by a Notary Public of the
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`Commonwealth of Virginia, was examined and testifies as
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`follows:
`
` EXAMINATION
`
`BY MR. DAVIS:
`
` Q. Good morning, Dr. Bartone.
`
` A. Good morning.
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` Q. How are you this morning?
`
` A. Just fine.
`
` Q. Yesterday I asked you a question about whether
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`you had ever been deposed in an inter partes review
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`proceeding and you said no, but you can say a different
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`answer to that today.
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` A. I can say yes.
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` Q. And that was yesterday, correct?
`
` A. Yes.
`
` Q. Very good. We're going to try to move through
`
`today. This is actually -- again, I'm sure the record
`
`already reflects this, but this is in a different case
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`than what we talked about yesterday. Specifically, this
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`is in IPR Case Number 2013-240, which is dealing with
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`U.S. Patent No. 6,670,905.
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`(800) 246.4950
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`Escort Ex. 2090, pg. 4
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`
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`Chris G. Bartone, Ph.D., P.E.
`
`1/22/2014
`
` Is that your understanding of what you are here
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`5
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`to testify to?
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` A. Yes.
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` Q. And as I asked you yesterday, any reason today
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`that you are not able to give testimony?
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` A. No.
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` Q. And, again, as I said, we'll try to maybe move
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`through some things a little quicker than yesterday, but
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`there may be some repeat of some of the questions
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`because this is a separate case.
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` A. Okay.
`
` Q. I would like to start off with the preparations
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`that you did for today's deposition.
`
` A. Last night I went through and I looked at my
`
`declaration again. I went through and looked at the
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`'905 again and I looked at Hoffberg again, but pretty
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`briefly. It was kind of late by the time I had dinner
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`and I was pretty tired, but I looked at some, yes.
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` Q. So you looked at your declaration, the '905
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`patent, Hoffberg. Anything else?
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` A. I think that's it.
`
` Q. Did you meet with anybody to prepare for today's
`
`deposition?
`
` A. Well, I met with Scott just this morning. I got
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`here around 9:10 or so.
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`Toby Feldman, Inc.
` NATIONWIDE SERVICES FOR LEGAL PROFESSIONALS
`
`(800) 246.4950
`
`Escort Ex. 2090, pg. 5
`
`
`
`Chris G. Bartone, Ph.D., P.E.
`
`1/22/2014
`
`6
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` Q. Anybody last night?
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` A. No.
`
` Q. Did you have any preparations for this deposition
`
`prior to last night or this morning?
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` A. Yes.
`
` Q. Could you describe that for me?
`
` A. Sure. So I came in on Sunday and then I met with
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`Scott and Hoyt Fleming on Monday.
`
` Q. Okay. And how long did you meet with those two
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`on Monday?
`
` A. So I got here around 9:30 and we met until about
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`2:00 or so. So maybe four or five hours. Five hours at
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`the most.
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` Q. And was that with both Mr. Fleming and Scott?
`
` A. That's correct.
`
` Q. Did you do any other preparation on Monday?
`
` A. As I had mentioned before, I had dinner with Hoyt
`
`Monday night. We didn't really talk too much about the
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`case. We talked about school and snow.
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` Q. And had you met with Mr. Fleming prior to Monday
`
`in preparation for this deposition?
`
` A. No.
`
` Q. Did you meet with Mr. Fleming at all on Sunday?
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` A. Yes. So we met at the airport and then we
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`traveled with the Metro over and then we had dinner
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` NATIONWIDE SERVICES FOR LEGAL PROFESSIONALS
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`(800) 246.4950
`
`Escort Ex. 2090, pg. 6
`
`
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`Chris G. Bartone, Ph.D., P.E.
`
`1/22/2014
`
`Sunday night.
`
` Q. Okay. Now, is it fair to say that in your recent
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`interactions with Mr. Fleming and Scott and preparing
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`for the depositions -- I say that in the plural since
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`you were preparing for two depositions, the one
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`yesterday and the one today; is that correct?
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` A. That's correct.
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` Q. Could you itemize for me how much time during
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`those interactions were devoted specifically to this
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`deposition?
`
` A. Not specifically. I mean, if I had an -- I mean,
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`not specifically. I would just chop it in half, half
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`and half, but not specifically. It was not weighted one
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`or the other heavily.
`
` Q. About 50/50?
`
` A. Yeah. About.
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` Q. So let's kind of go backwards in time from Sunday
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`night when you met -- or you met Mr. Fleming at the
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`airport.
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` Was there any time prior to that that you
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`interacted with Mr. Fleming about your declaration in
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`this case, the '905 case?
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` A. So if I recall, I talked to him -- I believe it
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`was on that previous Tuesday and we talked briefly about
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`the depositions and logistics and things like that.
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` NATIONWIDE SERVICES FOR LEGAL PROFESSIONALS
`
`(800) 246.4950
`
`Escort Ex. 2090, pg. 7
`
`
`
`Chris G. Bartone, Ph.D., P.E.
`
`1/22/2014
`
` Q. That would be a Tuesday of a week ago from
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`yesterday?
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` A. Yes.
`
` Q. And about how long did you guys talk then?
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` A. If I recall, maybe like ten minutes or so.
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` Q. And, again, was that a conversation devoted to
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`both of the depositions?
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` A. Yeah. It was kind of a coordination discussion.
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` Q. How about before that? Was there a time prior to
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`that that you interacted with Mr. Fleming about your
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`declaration or this deposition?
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` A. I interacted with Mr. Fleming during the
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`preparation of the declaration, but after I had
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`submitted it there was not any substantial -- I can't
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`even remember that we talked, any conversations.
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` Q. So would it be fair to say that your preparation,
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`aside from actually writing the declaration, but your
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`preparation specifically for this deposition began like
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`a week ago Tuesday and then through this morning? Is
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`that the time frame?
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` A. Yeah. And then I also reviewed some of the
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`materials last week.
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` Q. Okay. What did you review last week in
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`preparation for the deposition today?
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` A. So I reviewed my declaration. I reviewed the
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` NATIONWIDE SERVICES FOR LEGAL PROFESSIONALS
`
`(800) 246.4950
`
`Escort Ex. 2090, pg. 8
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`
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`Chris G. Bartone, Ph.D., P.E.
`
`1/22/2014
`
`9
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`'905 patent. I reviewed Hoffberg. I reviewed Fleming,
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`the one that I cite in the declaration. As I had
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`mentioned yesterday, I also looked at my -- the
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`re-exams, but I looked at them. And I did go through
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`and look at them, but I didn't really concentrate on
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`those because it's my understanding that this deposition
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`was to be limited to topics surrounding my declaration.
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` And then even though I didn't review it, I was
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`given the claim charts that were provided by the legal
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`team, so I had those, but I did not really -- I did not
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`review those.
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` Q. And who, again, is on that legal team?
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` A. It's my understanding that it's -- you have to
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`help me. Greg --
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` MR. McKEOWN: Gardella.
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` THE WITNESS: And Scott McKeown.
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` MR. McKEOWN: McKeown.
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` THE WITNESS: Sorry.
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` MR. McKEOWN: That's okay.
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` MR. DAVIS: We need name tags.
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` THE WITNESS: And Hoyt Fleming.
`
`BY MR. DAVIS:
`
` Q. And were you e-mailed that document you're
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`referring to?
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` A. No. I was handed it -- I was handed -- it was
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`(800) 246.4950
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`Escort Ex. 2090, pg. 9
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`
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`Chris G. Bartone, Ph.D., P.E.
`
`1/22/2014
`
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`handed to me in our meeting on Monday.
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` Q. Okay. So was there anything else you reviewed
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`last week in preparation for your deposition today?
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` A. No. I mentioned yesterday that Hoyt Fleming had
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`sent me a transcript of the trial also, but I didn't
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`really read that.
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` Q. Okay. When did he send you that?
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` A. I think it was on Tuesday.
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` Q. So just a week ago Tuesday also?
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` A. Yes.
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` Q. Did Mr. Fleming send you anything else to review?
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` A. Well, he had sent me the copies of the re-exams
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`but I had already had those.
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` Q. Okay. Those are the same re-exams that you
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`briefly looked at last week?
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` A. Yes.
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` Q. And was it -- just to be clear, was it your
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`declaration that was submitted in those re-exams or were
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`there other papers besides that?
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` A. I opened the folder and looked at it. I looked
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`at one and I saw it was my declaration, so I used my
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`copy. I looked at my versions of it.
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` Q. Okay.
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` A. I have, you know, my files of that.
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` Q. Did he send you anything else?
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`(800) 246.4950
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`Escort Ex. 2090, pg. 10
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`
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`Chris G. Bartone, Ph.D., P.E.
`
`1/22/2014
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` A. No. I don't think so.
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` Q. You mentioned that you got something from the
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`legal team. Was that from Mr. Fleming? Did he give
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`that to you, the document you're referring to?
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` A. Yes. So when we met on Monday they had some
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`binders and Mr. Fleming took the claim charts that were
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`prepared and handed those to me on that Monday. And
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`that was the first time I had actually seen those claim
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`charts.
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` Q. Okay. So did you actually look and review them
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`at that time?
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` A. No. I mean, I looked, obviously, at the front
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`cover and I looked at the title, you know, which
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`identified it as which patent it had. But, no, I
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`didn't. I didn't go through them. I really didn't
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`review those.
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` Q. How much time would you say you spent last week
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`actually reviewing the materials in preparation for
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`today's deposition?
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` A. Just last week and not including the Monday?
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` Q. You could do it either way.
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` A. So last week probably, maybe at least two days,
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`three days, probably, at the most. And then there was
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`Monday and I also reviewed some of the same material
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`that evening, so it was probably another eight hours or
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`email@tobyfeldman.com
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`Toby Feldman, Inc.
` NATIONWIDE SERVICES FOR LEGAL PROFESSIONALS
`
`(800) 246.4950
`
`Escort Ex. 2090, pg. 11
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`
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`Chris G. Bartone, Ph.D., P.E.
`
`1/22/2014
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`12
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`so.
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` Q. Okay. And that amount of time you spent doing
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`that, that would all be -- either has been or will be
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`reflected on an invoice?
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` A. I would imagine, yes.
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` Q. So you can get paid for doing it?
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` A. Correct.
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` Q. Who do you send your invoices to to get paid?
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` A. I send them to the legal team, which is I e-mail
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`them to Hoyt Fleming and then he forwards them to K-40.
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` Q. And who sends you your check?
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` A. K-40.
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` Q. The amount of time that you spent last week --
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`and if you wanted to include this week as well,
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`preparing, was that -- is it fair to say that time was
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`spent preparing for both depositions or was that just
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`for today's deposition?
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` A. I would say that was probably both.
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` Q. And similar to what I asked before, could you
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`itemize how much time you spent on this deposition
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`versus the one yesterday?
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` A. Probably not. I would just cut it in the middle
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`and say 50/50 approximation.
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` Q. Okay. The checks you received, are they actually
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`cut by K-40? Is that a K-40 account?
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` NATIONWIDE SERVICES FOR LEGAL PROFESSIONALS
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`(800) 246.4950
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`Escort Ex. 2090, pg. 12
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`
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`Chris G. Bartone, Ph.D., P.E.
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`1/22/2014
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`13
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` A. I don't know the account number, but if I recall
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`it had a K-40 logo on it. It looked like a K-40 check.
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` Q. They have all cleared when you cashed them?
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` A. It's a real check. It looks pretty official.
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` Q. I want to continue our timeline chronology. So
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`your declaration in this case, do you remember when you
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`signed that? Actually, let me just do it this way.
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` MR. DAVIS: I'm handing the court reporter what
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`has been previously marked by K-40 as Exhibit 1007.
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` (Whereupon, K-40 Exhibit 1007 was marked for
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` identification.)
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` THE WITNESS: This is an unsigned version. Do
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`you want this one back?
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` MR. DAVIS: Off the record.
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` (Discussion off the record.)
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`BY MR. DAVIS:
`
` Q. With regard to your declaration that the court
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`reporter handed to you, do you recognize this document?
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` A. It appears to be my declaration.
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` Q. And do you recall when you actually signed this
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`declaration?
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` A. I recall it was April 6, 2013.
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` Q. Okay. Thanks.
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` And so on our timeline, between April 6, 2013 and
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`last week, did you have an occasion to do anything else
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`Escort Ex. 2090, pg. 13
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`Chris G. Bartone, Ph.D., P.E.
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`1/22/2014
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`with regard to this declaration?
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` A. Not that I remember.
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` Q. Did you, during that time period, talk with
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`Mr. Fleming about this declaration?
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` A. Not that I recall. I may have talked to him in
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`that window, but I don't recall any discussions on this
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`declaration.
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` Q. How about Counsel? Any discussion with Counsel
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`about this declaration during that time window?
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` A. No. Not that I recall.
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` Q. So is it fair to say that -- and we'll get in a
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`moment to talking about prior to the time you signed
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`this declaration, but after you signed this declaration
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`it sort of went on the shelf and you didn't have
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`anything else to do with this until you were preparing
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`for your deposition, which was started last week?
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` A. I think that's a fair assessment.
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` Q. Okay. So with regard to this declaration, do you
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`recall when you started working on this?
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` A. I think I was retained, you know, back mid 2012
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`in this matter. I don't think I did any -- what I would
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`characterize as substantial work on it until, you know,
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`prior to the declaration. You know, maybe a month or
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`two before that. Maybe three months before that.
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` Q. So is it fair to say that -- after you were
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`Chris G. Bartone, Ph.D., P.E.
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`1/22/2014
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`retained was there some downtime where you weren't
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`working on a project until a month or two or three prior
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`to the date this was executed?
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` A. From the best I recall, probably, yeah.
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` Q. Okay.
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` A. I don't recall being retained and starting work
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`right away. There was some area of time.
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` Q. And when you say you were retained, was that the
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`same retention letter that governed this case and the
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`case we talked about yesterday?
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` A. In my view that retention letter covered both of
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`these matters. I don't recall if it specified the
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`patent numbers in that retention letter, but it was
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`basically to provide support services to K-40 in these
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`matters.
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` Q. So there wasn't a specific retention letter just
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`for this case?
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` A. That's correct.
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` Q. So with regard to the time you spent preparing
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`this declaration, what is your recollection of about how
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`much time you actually spent to prepare this declaration
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`in the '905 case?
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` A. You know, I don't remember the exact numbers. I
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`mean, I think I said yesterday somewhere in the 20 to,
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`whatever I said, 40 region or so. You know, somewhere
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`Escort Ex. 2090, pg. 15
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`Chris G. Bartone, Ph.D., P.E.
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`1/22/2014
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`in that region. I don't remember exactly what I said
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`yesterday, but 40 to -- 30 to 40-ish.
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` Q. Okay. So 20, 30, 40 hours, somewhere in that
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`window?
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` A. Yes.
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` Q. And similar to the questions we asked before,
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`were you working on this declaration simultaneously with
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`the declaration we talked about yesterday?
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` A. I think they came pretty close together. So
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`there probably was a period where there was some
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`simultaneous overlap.
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` Q. And so when you say your recollection is 20, 30,
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`40 hours, was that exclusively for this declaration or
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`was that, like we have talked before, like divided
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`between both projects?
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` A. Yeah. I don't recall the exact division, but
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`between the two tasks. And I didn't track it or break
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`it down that way, so, I mean, I would estimate 50/50.
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` Q. Okay. So about half that time was spent on the
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`declaration we talked about yesterday and maybe the
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`other half was spent on the declaration we're talking
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`about today?
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` A. About. But I didn't track the hours.
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` Q. So, again, if you were to go back and look at
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`your invoices, you would expect to see whatever the
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`Escort Ex. 2090, pg. 16
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`Chris G. Bartone, Ph.D., P.E.
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`1/22/2014
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`17
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`entry might be, work on declarations, and it might be
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`billed at 10, 20, 30 hours, something like that?
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` A. Yeah. Whatever those numbers would be.
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` Q. And, again, do you recall, generally -- this
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`declaration, again, was signed on April 6, 2013. And am
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`I correct to assume that after you signed the
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`declaration you didn't have any more work to do on it?
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` A. I don't recall doing any kind of work after the
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`time that I signed the declaration.
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` Q. So do you have a recollection from April 6th
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`going backwards, about what span of time you actually
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`were involved working on this declaration? In other
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`words, my question is was it a week? two weeks? a month?
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`two days?
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` A. Yeah. I mean, if I had to estimate, I would say
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`I probably worked on this somewhere between January and
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`when this was submitted and I think the -- I mean, most
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`of the work probably was just prior to this in the month
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`or two before.
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` Q. Cramming?
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` A. I don't remember the distribution. It was most
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`likely before this was submitted.
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` Q. I'm sure none of your university students ever
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`cram before their projects are due.
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` A. No. Sometimes they come in late.
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`Escort Ex. 2090, pg. 17
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`
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`Chris G. Bartone, Ph.D., P.E.
`
`1/22/2014
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` Q. Well, let's talk about briefly -- again, this may
`
`be very similar to the ground we plowed yesterday. But
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`because this is a different declaration I just want to
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`make sure.
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` Could you describe for me the process of how this
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`declaration came to be in the form that we have in front
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`us today?
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` A. Sure. So you know I had gone through, you know,
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`the Orr '905 patent. I had gone through the references
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`that I site and then I went through the Orr claims and
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`tried to assess and look at, you know, what I
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`interpreted to be key elements or important elements or
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`distinct features of the Orr disclosure and claims. And
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`then I looked at the prior art and, in particular, the
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`two references that I cite in the declaration, and I
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`tried to see if those key attributes were present in
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`those pieces of prior art.
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` And so then, you know, I had conversations with
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`the legal team and, in particular, Mr. Fleming, and then
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`kind of stepped through each one of those, told him kind
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`of what I wanted to see in the declaration. And then he
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`had done the first draft, you know, from the information
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`that I had given him in the, you know, kind of detailed
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`conversation. And then he sent it back to me. I went
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`through, previewed it, edited it, you know, sent it back
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`Escort Ex. 2090, pg. 18
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`
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`Chris G. Bartone, Ph.D., P.E.
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`1/22/2014
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`19
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`to him; he edited it for me. And so that was going back
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`and forth a couple of times and then once I was happy
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`with what was in the declaration, you know, I had signed
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`it and then sent back to him the signature page.
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` Q. Do you recall the kind of the back and forth with
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`Mr. Fleming? Do you recall how many back and forth
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`times, generally, there were?
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` A. I really don't remember how many went back and
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`forth on this one relative to the other one. But I
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`would say that both of them we went back and forth, you
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`know, two or three times on the declaration and, you
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`know, changes and updates and so on.
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` Q. So is it your -- were you going back and forth
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`with Mr. Fleming on this declaration as well as the
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`other one, sort of --
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` A. Yes.
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` Q. -- at the same -- kind of overlapping?
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` A. I think there was a certain amount of overlap on
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`them.
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` Q. Now, just so we're clear, you mentioned one of
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`the things you looked at was the prior art references.
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` Is that the Hoffberg patent and the Fleming
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`patent? Are those the two references you're referring
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`to?
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` A. Yes. The Hoffberg, what we have been referring
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`Escort Ex. 2090, pg. 19
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`Chris G. Bartone, Ph.D., P.E.
`
`1/22/2014
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`20
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`to as the 544, which is U.S. Patent -- it's in the
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`declaration in Paragraph 9. And then the Fleming '798
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`patent, which is in Paragraph 10 of the declaration.
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` Q. You mentioned also that you reviewed the claims
`
`of the Orr '905 patent; is that correct?
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` A. That's correct.
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` Q. Did you review all of the claims of the Orr '905
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`patent?
`
` A. Yes.
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` Q. Were there any claims of the Orr '905 patent that
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`you focused on more than others?
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` A. No.
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` Q. So it would be fair to say you reviewed all of
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`the claims in the Orr '905 patent equally?
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` A. I think that's true. I was unaware of what
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`claims were at issue in this case, so I kind of treated
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`them all equally.
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` Q. We talked yesterday in the other declaration you
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`used the iChat function with Mr. Fleming?
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` A. That is correct.
`
` Q. Did you use that in this case, this declaration?
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` A. Yes.
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` Q. And when you were exchanging drafts of your
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`opinion, was that via e-mail?
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` A. No. It was either through phone conversations
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`Escort Ex. 2090, pg. 20
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`
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`Chris G. Bartone, Ph.D., P.E.
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`1/22/2014
`
`21
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`or, you know, sometimes I would mark up a hard copy,
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`scan it, and then send that back.
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` Q. Okay. Do any of those draft copies still exist?
`
` A. I don't know.
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` Q. Who would know whether they still exist?
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` A. Well, I would know. I would have to go back home
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`and look for them.
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` Q. So you could have copies of some of the drafts.
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`Would Mr. Fleming potentially have some of the draft
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`copies also?
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` A. Possibly. I don't know what he has or what he
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`doesn't have. You know, sometimes with a stack -- you
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`know, I have a home office, so my office is pretty
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`small, so if stuff gets too big I actually have a
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`shredder so I shred stuff and get rid of it.
`
` Q. So you had some copies of the draft opinions on
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`paper and some electronic?
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` A. If I marked it up, typically what I would do is I
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`would scan it and send it back to him through iChat.
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`That was the procedure.
`
` Q. I'm pausing because I'm trying to recall
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`yesterday. I believe yesterday you said that from the
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`first version that Mr. Fleming sent to you to what we
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`have today or the declaration we talked to you about
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`yesterday was maybe, I don't know, 80 or 90 percent of
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`Escort Ex. 2090, pg. 21
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`
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`Chris G. Bartone, Ph.D., P.E.
`
`1/22/2014
`
`22
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`the copy we have today.
`
` How would you characterize this declaration from
`
`the first version that Mr. Fleming sent to you to what
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`this is? How much has changed?
`
` A. So I think what I said yesterday was I believe it
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`was -- I believe what I stated was maybe 70 to 80 or
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`somewhere in that region, or maybe 60 or 75, somewhere
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`in that region. And I guess I would characterize this
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`particular declaration in that same scope.
`
` Q. I'm curious. In your declaration -- I'm not sure
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`I really asked this yesterday -- there are a lot of
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`quotes. Is that a fair statement?
`
` A. Yes.
`
` Q. From the Hoffberg reference and the Fleming
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`reference?
`
` A. That's correct.
`
` Q. Who was the person who actually extracted or
`
`found those quotes in those two references?
`
` A. I think I found all, if not most, of them. In
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`our detailed conversation I kind of went through and,
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`you know, we talked about specific parts of the
`
`references and, you know, okay, put this in and, you
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`know, put this in, put this in. I didn't keep track of
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`which ones, which blocks, and all of that. But,
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`generally, I was guiding which pieces to put in and I
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`Escort Ex. 2090, pg. 22
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`Chris G. Bartone, Ph.D., P.E.
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`1/22/2014
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`23
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`felt very, I guess, conservative and just grabbing
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`blocks that I thought were applicable and putting them
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`in. To what extent they were used or not used, you
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`know, for other purposes, you know, was beyond what I
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`was asked to do.
`
` Q. So in the drafting process -- let me frame my
`
`question this way so maybe it's clearer. Sometimes when
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`you write a document or report or whatever, you will
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`write your statement and then you will look for support
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`for that statement in whatever source you're looking
`
`for. Other times you actually find the quote or the
`
`support and then you actually maybe summarize, you know,
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`what it is that you are talking about.
`
` How did it work in this case with your
`
`declaration?
`
` A. I guess I looked at the claim language and then I
`
`looked at the references to see what I thought was
`
`similar. So then after I found those sections, you
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`know, then I wrote the summary part. So I guess that
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`was the flow of what transpired in the document.
`
` Q. So is it fair to say that your drafting
`
`methodology, you looked at, I think you said earlier,
`
`the key aspects or the important aspects of the claims
`
`in the '905 patent, then looked at Fleming and/or
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`Hoffberg for block quotes?
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`Escort Ex. 2090, pg. 23
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`Chris G. Bartone, Ph.D., P.E.
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`1/22/2014
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` A. Similar features.
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` Q. And then put a summary statement in the
`
`declaration for that?
`
` A. Yes.
`
` Q. Now, again, some of this is going to be somewhat
`
`responsive from yesterday, but maybe we can fly through
`
`this deposition because it's very similar. And let me
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`just say that or ask you the question, some of your
`
`declaration at least, you know, the, you know, maybe the
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`first, I don't know, 15, 16 pages, appears to be almost
`
`virtually identical, with the exception of this is
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`talking about the '905 and the other was the '721 patent
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`from your declaration we talked about yesterday.
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` Is that a fair statement?
`
` A. I believe that's true. Yes.
`
` Q. But having said that, let me just ask a couple of
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`questions just so we know nothing has changed.
`
` In this declaration, like yesterday, there is a
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`number of places where you state that you have been
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`informed about this, that, or the other thing. And we
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`can certainly run through those paragraph numbers again,
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`but I think they're identical with what we talked about
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`yesterday. And I believe yesterday you said that that
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`was -- those pieces of information were communicated by
`
`Mr. Fleming.
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`Escort Ex. 2090, pg. 24
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`
`
`Chris G. Bartone, Ph.D., P.E.
`
`1/22/2014
`
` Is that the same case here?
`
` A. Yes. So I was informed by the legal team, of
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`which Mr. Fleming is part of.
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` Q. And was he the principal conduit you had as far
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`as interacting with the legal team?
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` A. I would say yes.
`
` Q. Dr. Bartone, we're not going to spend time --
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`well, let me ask one question. With the exception of
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`potentially listing that you were deposed in the inter
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`partes review case we talked about yesterday, has
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`anything changed from yesterday to today in your CV?
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` A. From yesterday and today?
`
` Q. From yesterday until today.
`
` A. No.
`
` Q. Okay. Could you give us, for the record -- I'm
`
`not sure if it's actually in your CV -- your current
`
`home address?
`
` A. Yes. It's
`
` Q. And can you also, for the record -- because I
`
`have seen it listed different ways and I just want to
`
`make sure we have your complete full name in the record
`
`as well.
`
` A. Yeah. It's Chris Gregory Bartone.
`
` Q. And I assume that -- you said what your name is.
`
`It's Chris and not Christopher?
`
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`email@tobyfeldman.com
`
`Toby Feldman, Inc.
` NATIONWIDE SERVICES FOR LEGAL PROFESSIONALS
`
`(800) 246.49
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