Yuri Kolesnikov
`
`San Francisco, CA
`
`May 29, 2014
`
`Page 1
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` UNITED STATES PATENT AND TRADEMARK OFFICE
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`----------------------------X
`
`SIPNET EU S.R.O. :
`
`Petitioner :
`
`v. : U.S. Patent No.:
`
`INNOVATIVE COMMUNICATIONS : 6,108,704
`
`TECHNOLOGIES, INC.:
`
`(now STRAIGHT PATH IP GROUP : IPR2013-00246
`
`INC.) :
`
`PATENT OWNER :
`
`----------------------------X
`
` San Francisco, California
`
` Thursday, May 29, 2014
`
` Deposition of YURI KOLESNIKOV, a witness
`
`herein, called for examination by counsel for
`
`Patent Owner in the above-entitled matter, the
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`witness having been previously duly sworn, taken at
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`the offices of Kilpatrick Townsend, Two Embarcadero
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`Center, Eighth Floor, San Francisco, California at
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`10:40 a.m., on Thursday, May 29, 2014, and the
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`proceedings being taken down by Stenotype by CINDY
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`TUGAW, RPR, CSR and transcribed under her
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`direction.
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`Alderson Reporting Company
`1-800-FOR-DEPO
`
`Straight Path Ex. 2043
`Sipnet EU S.R.O. v. Straight Path IP Group, Inc.
`Case No. IPR2013-00246
`
`
`
`San Francisco, CA
`
`May 29, 2014
`
`Page 1
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` UNITED STATES PATENT AND TRADEMARK OFFICE
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`----------------------------X
`
`SIPNET EU S.R.O. :
`
`Petitioner :
`
`v. : U.S. Patent No.:
`
`INNOVATIVE COMMUNICATIONS : 6,108,704
`
`TECHNOLOGIES, INC.:
`
`(now STRAIGHT PATH IP GROUP : IPR2013-00246
`
`INC.) :
`
`PATENT OWNER :
`
`----------------------------X
`
` San Francisco, California
`
` Thursday, May 29, 2014
`
` Deposition of YURI KOLESNIKOV, a witness
`
`herein, called for examination by counsel for
`
`Patent Owner in the above-entitled matter, the
`
`witness having been previously duly sworn, taken at
`
`the offices of Kilpatrick Townsend, Two Embarcadero
`
`Center, Eighth Floor, San Francisco, California at
`
`10:40 a.m., on Thursday, May 29, 2014, and the
`
`proceedings being taken down by Stenotype by CINDY
`
`TUGAW, RPR, CSR and transcribed under her
`
`direction.
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`Alderson Reporting Company
`1-800-FOR-DEPO
`
`Straight Path Ex. 2043
`Sipnet EU S.R.O. v. Straight Path IP Group, Inc.
`Case No. IPR2013-00246
`
`
`
`Yuri Kolesnikov
`
`San Francisco, CA
`
`May 29, 2014
`
`Page 2
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`APPEARANCES:
`
`On behalf of the Petitioner:
`
` MICHAEL MORLOCK, ESQ.
`
` Kilpatrick Townsend & Stockton, LLP
`
` 1001 West Fourth Street
`
` Winston-Salem, North Carolina 27101
`
` (336) 607-7391
`
`On behalf of Patent Owner
`
` JASON F. HOFFMAN, ESQ.
`
` Fisch Hoffman Sigler, LLP
`
` 5335 Wisconsin Avenue NW, Eighth Floor
`
` Washington, DC 20015
`
` (202) 362-3550
`
`and
`
` VANDANA KOELSCH, In-house Counsel
`
` Straight Path IP Group, Inc.
`
` (Patent Owner)
`
`ALSO PRESENT: Sean McGrath, Video Operator
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`Alderson Reporting Company
`1-800-FOR-DEPO
`
`Straight Path Ex. 2043
`Sipnet EU S.R.O. v. Straight Path IP Group, Inc.
`Case No. IPR2013-00246
`
`
`
`Yuri Kolesnikov
`
`San Francisco, CA
`
`May 29, 2014
`
`Page 3
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` C O N T E N T S
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`THE WITNESS EXAMINATION BY COUNSEL FOR
`
`YURI KOLESNIKOV PETITIONER PATENT OWNER
`
`By Mr. Hoffman {}
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` E X H I B I T S
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`Exhibits previously marked. Exhibits retained by
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`Counsel.
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`Alderson Reporting Company
`1-800-FOR-DEPO
`
`Straight Path Ex. 2043
`Sipnet EU S.R.O. v. Straight Path IP Group, Inc.
`Case No. IPR2013-00246
`
`
`
`Yuri Kolesnikov
`
`San Francisco, CA
`
`May 29, 2014
`
`Page 4
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` VIDEO OPERATOR: Good morning. We're on the
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`video record, ladies and gentlemen, at 10:40 a.m.
`
`I am Sean McGrath from Alderson Court Reportering
`
`in Washington, D.C. The phone number is the (202)
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`289-2260.
`
` This is a matter pending before the Patent
`
`Trial and Appeal Board in the case captioned Sipnet
`
`EU S.R.O. versus Innovative Communications
`
`Technologies, Incorporated, IPR No. 2013-00246.
`
` This is the beginning of Disk 1, Volume 1
`
`of the deposition of Yuri Kolesnikov on May 29th,
`
`2014. We're located at Two Embarcadero Center, San
`
`Francisco, California. This is taken on behalf of
`
`the patent owner.
`
` Counsel, will you please identify
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`yourselves starting with the questioning attorney.
`
` MR. HOFFMAN: Sure. Jason Hoffman on behalf
`
`of the patent owner, and I'm joined by Vandana
`
`Koelsch, counsel for the patent owner.
`
` MR. MORLOCK: Michael Morlock of Kilpatrick
`
`Townsend on behalf of petitioner, Sipnet.
`
` VIDEO OPERATOR: Will the court reporter
`
`please swear in the witness and we can proceed.
`
`Whereupon,
`
` YURI KOLESNIKOV,
`
`Alderson Reporting Company
`1-800-FOR-DEPO
`
`Straight Path Ex. 2043
`Sipnet EU S.R.O. v. Straight Path IP Group, Inc.
`Case No. IPR2013-00246
`
`
`
`Yuri Kolesnikov
`
`San Francisco, CA
`
`May 29, 2014
`
`Page 5
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`called for examination by counsel for Patent Owner
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`and having been duly sworn by the Court Reporter,
`
`was examined and testified as follows:
`
` MR. HOFFMAN:
`
` Q. Good morning.
`
` A. Good morning
`
` Q. Could you say your full name for the
`
`record?
`
` A. Yuri Kolesnikov.
`
` Q. And Mr. Kom --
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` A. Kolesnikov. I know, it's hard.
`
` Q. I will do my best. Say it one more time?
`
` A. Kolesnikov.
`
` Q. Kol --
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` A. Call me Yuri.
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` Q. All right, I will call you Yuri. Is that
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`okay, Yuri? I appreciate that.
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` Have you ever been deposed before?
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` A. No.
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` Q. No. All right.
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` You just had an oath. You understand that
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`you have to tell the truth, the whole truth, and
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`nothing but the truth?
`
` A. Yes.
`
` Q. I'm going ask questions. If you don't
`
`Alderson Reporting Company
`1-800-FOR-DEPO
`
`Straight Path Ex. 2043
`Sipnet EU S.R.O. v. Straight Path IP Group, Inc.
`Case No. IPR2013-00246
`
`
`
`Yuri Kolesnikov
`
`San Francisco, CA
`
`May 29, 2014
`
`Page 6
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`understand something, feel free to ask me to
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`clarify.
`
` A. Okay.
`
` Q. I am not trying to trick you or anything,
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`just trying to ask you questions, and hopefully you
`
`will understand my questions and --
`
` A. All right.
`
` Q. Be able to answer them.
`
` And in terms of -- you speak English,
`
`right?
`
` A. I do.
`
` Q. You do, all right. All right.
`
` A. With an accent.
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` Q. With an accent.
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` How long have you been in the country?
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` A. Since 1992.
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` Q. And where were you before that?
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` A. I worked in Cleveland and then in Chicago.
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`Cleveland and Chicago, and moved to San Francisco
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`back in '96, '97.
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` Q. And prior to 1992 where were you?
`
` A. Latvia.
`
` Q. All right. How did you get involved in
`
`this case?
`
` A. I got a call from Julia Pogodima, who, as
`
`Alderson Reporting Company
`1-800-FOR-DEPO
`
`Straight Path Ex. 2043
`Sipnet EU S.R.O. v. Straight Path IP Group, Inc.
`Case No. IPR2013-00246
`
`
`
`Yuri Kolesnikov
`
`San Francisco, CA
`
`May 29, 2014
`
`Page 7
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`far as I know, she's a lawyer. I just know her
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`socially. Met her a few times, and she was asking
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`me about manuals, if I have any manuals for Windows
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`NT, since she knows that I am IT manager. And I
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`promised to look up for her and I found the copy
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`which I purchased for my own use long time ago.
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`And just kept it just in case. So that's it.
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` Q. All right. So had you ever met Julia --
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`is her name Julia Pogo --
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` A. Pogodima.
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` Q. -- Pogodima before?
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` A. Well, I met her socially. We never met to
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`discuss anything else. I mean, for last year I
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`haven't seen her. Just got phone call from her.
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` Q. So you've only known her for a year, is
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`that correct?
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` A. Well, I know her for longer than that. I
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`met her at some parties before. That's how I know
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`her.
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` Q. Okay. And she's a lawyer, correct?
`
` A. That's what I knew. That's what she told
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`me.
`
` Q. Okay. And so she contacted you.
`
` And when did she first contact you?
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` A. I think it was October last year. October
`
`Alderson Reporting Company
`1-800-FOR-DEPO
`
`Straight Path Ex. 2043
`Sipnet EU S.R.O. v. Straight Path IP Group, Inc.
`Case No. IPR2013-00246
`
`
`
`Yuri Kolesnikov
`
`San Francisco, CA
`
`May 29, 2014
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`Page 8
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`or beginning of November. I'm not sure.
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` Q. And how did she contact you?
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` A. By phone.
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` Q. By phone. So she had your information?
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` A. She had my cell phone.
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` Q. And at the time, what was her -- what did
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`she ask you to go do?
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` A. She asked me if I know any -- if I have
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`any Windows NT manuals. And I told her I might.
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`Looked at my pile of books, found actually the box
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`and called her.
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` Q. And you told her then you had a Windows NT
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`manual, and then what happened?
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` A. She asked me to give it to -- what's his
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`name -- Paul --
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` Q. Paul Haughey?
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` A. Haughey, yes.
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` Q. So did you reach out to Mr. Haughey?
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` A. Yes, and brought it here. And I think
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`that's -- well, at least it looks like what I gave
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`him.
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` Q. And prior to the deposition we were
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`provided a box that's labeled Windows NT --
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`"Microsoft Windows NT Server."
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` Is that the box that you found?
`
`Alderson Reporting Company
`1-800-FOR-DEPO
`
`Straight Path Ex. 2043
`Sipnet EU S.R.O. v. Straight Path IP Group, Inc.
`Case No. IPR2013-00246
`
`
`
`Yuri Kolesnikov
`
`San Francisco, CA
`
`May 29, 2014
`
`Page 9
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` A. Well, it look like one.
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` Q. All right. And did you physically bring
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`it to the office here?
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` A. Yes.
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` Q. And when was that -- when did you do that?
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` A. It was November something. I don't
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`remember the date. End of November, I believe.
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` Q. The end of November?
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` A. Last year.
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` Q. And did you and Mr. Haughey talk about the
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`box?
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` A. Not really. I gave him the box, that's
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`it.
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` Q. And what was your next communication with
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`Mr. Haughey after that?
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` A. None. Until -- well, it's not Mr.
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`Haughey. It was Michael who asked me to come to
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`this --
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` Q. Deposition?
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` A. -- deposition, yes.
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` Q. Well, in between the time you talked to
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`Mr. Haughey and this deposition, you issued a
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`declaration, correct?
`
` A. Yes.
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` Q. So I'm going to give you a copy of your
`
`Alderson Reporting Company
`1-800-FOR-DEPO
`
`Straight Path Ex. 2043
`Sipnet EU S.R.O. v. Straight Path IP Group, Inc.
`Case No. IPR2013-00246
`
`
`
`Yuri Kolesnikov
`
`San Francisco, CA
`
`May 29, 2014
`
`Page 10
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`declaration that has Exhibit 1017.
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` MR. MORLOCK: Thanks.
`
` MR. HOFFMAN:
`
` Q. Can you turn to the third page of the
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`declaration.
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` Is that your signature?
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` A. Yes, it's mine.
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` Q. And this was signed on November 22nd,
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`2013, correct?
`
` A. Yes.
`
` Q. Did you draft this declaration?
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` A. Yes, I put it together.
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` Q. You put it together?
`
` A. Yeah.
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` Q. You typed it up?
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` A. Yes.
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` Q. On your home computer, work computer?
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` A. On some computer. I don't remember.
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` Q. So you typed it up, including putting all
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`the caption on it and everything?
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` A. Oh, no, this is not -- this was -- I just
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`typed the text. So if you look at this, it starts
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`from the word "Declaration" and ends with my
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`signature.
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` Q. Okay. And were you advised at all by Mr.
`
`Alderson Reporting Company
`1-800-FOR-DEPO
`
`Straight Path Ex. 2043
`Sipnet EU S.R.O. v. Straight Path IP Group, Inc.
`Case No. IPR2013-00246
`
`
`
`Yuri Kolesnikov
`
`San Francisco, CA
`
`May 29, 2014
`
`Page 11
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`Morlock?
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` MR. MORLOCK: Object to the question to the
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`extent it calls for privilege.
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` MR. HOFFMAN:
`
` Q. I'll ask first, are you represented by
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`counsel today?
`
` A. Yes.
`
` Q. Yes?
`
` A. Yes.
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` Q. When did you retain Mr. Morlock as your
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`counsel?
`
` A. When he called me. Not actually called.
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`Sent me an e-mail about the deposition preparation.
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`I don't remember when it was.
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` Q. So --
`
` A. A couple weeks ago.
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` Q. A couple of weeks ago.
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` So at that time, you retained Mr.
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`Morlock's services?
`
` A. Yes.
`
` Q. Are you paying for Mr. Morlock's services?
`
` A. No.
`
` Q. Who's paying for his service?
`
` A. I actually don't know.
`
` Q. Okay. And so prior to Mr. Morlock sending
`
`Alderson Reporting Company
`1-800-FOR-DEPO
`
`Straight Path Ex. 2043
`Sipnet EU S.R.O. v. Straight Path IP Group, Inc.
`Case No. IPR2013-00246
`
`
`
`Yuri Kolesnikov
`
`San Francisco, CA
`
`May 29, 2014
`
`Page 12
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`you an e-mail for the deposition, were you
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`previously represented by Mr. Morlock?
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` A. No.
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` Q. All right. So let's go back to the
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`drafting of this declaration, November 2013.
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` Did you have any discussions with Mr.
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`Morlock at the time about what should be in your
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`declaration?
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` A. No, because I didn't even know Mr. Morlock
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`at the time.
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` Q. Okay. So what lawyer did you work with at
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`Kilpatrick Stockton when you drafted it?
`
` A. I didn't work with a lawyer. I put it
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`together myself and I gave it to Paul Haughey.
`
` Q. So Paul Haughey called you up and said,
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`"Can you put together a declaration?"
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` A. Actually, Julia asked me the to do.
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` Q. Okay.
`
` A. Just write it down, and that's about it.
`
` Q. So Julia asked you to do the declaration
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`which is Exhibit 1017, correct?
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` A. Yes.
`
` Q. And what did Julia ask you to put in the
`
`declaration?
`
` A. Well, she was asking about a certain book
`
`Alderson Reporting Company
`1-800-FOR-DEPO
`
`Straight Path Ex. 2043
`Sipnet EU S.R.O. v. Straight Path IP Group, Inc.
`Case No. IPR2013-00246
`
`
`
`Yuri Kolesnikov
`
`San Francisco, CA
`
`May 29, 2014
`
`Page 13
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`that was -- she was asking about a certain book
`
`that was of interest for her and I assume her
`
`client, and I answered it, what's written in the
`
`declaration.
`
` Q. And so all the words that appear in this
`
`declaration were simply words that you came up with
`
`and you typed up?
`
` A. Yes.
`
` Q. And did you send a draft to Julia for her
`
`review?
`
` A. I sent a draft -- good question. No, I
`
`didn't send a draft. I just gave it to Paul.
`
` Q. Okay. So you drafted it. You never sent
`
`it to Julia for review?
`
` A. No, I never discussed it with her.
`
` Q. And you never sent it to Mr. Haughey for
`
`review?
`
` A. No.
`
` Q. And you never sent it to Mr. Morlock for
`
`review?
`
` A. I didn't know Mr. Morlock at this time.
`
` Q. And so you simply typed it up and you
`
`signed it and you sent it off to Mr. Haughey?
`
` A. Yes.
`
` Q. And where did you get this language that
`
`Alderson Reporting Company
`1-800-FOR-DEPO
`
`Straight Path Ex. 2043
`Sipnet EU S.R.O. v. Straight Path IP Group, Inc.
`Case No. IPR2013-00246
`
`
`
`Yuri Kolesnikov
`
`San Francisco, CA
`
`May 29, 2014
`
`Page 14
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`says, on Page 3, it says, "I declare under penalty
`
`of perjury that the foregoing Declaration is true
`
`and correct"?
`
` A. From Internet.
`
` Q. From the Internet?
`
` A. Yes. You get an example of declaration.
`
` Q. And what about, in terms of Paragraph 1
`
`where it says, "I am over the age of 18 and am
`
`competent to make this declaration"?
`
` A. Same thing.
`
` Q. You got that from the Internet?
`
` A. I got the draft. I don't remember where I
`
`found it.
`
` Q. Uh-huh (affirmative).
`
` A. I used the Google pretty much. That's it.
`
`And I just modified the -- took over the standard,
`
`like I have personal knowledge, and other things,
`
`and that's it.
`
` Q. So Julia -- I'm sorry, what was Julia's
`
`last name again?
`
` A. Pogodima.
`
` Q. Pogodima.
`
` Do you know what company Ms. Pogodima
`
`represents?
`
` A. I don't.
`
`Alderson Reporting Company
`1-800-FOR-DEPO
`
`Straight Path Ex. 2043
`Sipnet EU S.R.O. v. Straight Path IP Group, Inc.
`Case No. IPR2013-00246
`
`
`
`Yuri Kolesnikov
`
`San Francisco, CA
`
`May 29, 2014
`
`Page 15
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` Q. Have you ever heard of the company Sipnet,
`
`S-i-p-n-e-t?
`
` A. No, never heard of it.
`
` Q. You never heard of Sipnet?
`
` A. No.
`
` Q. Do you know what type of business Sipnet
`
`is?
`
` A. No.
`
` Q. Do you know where it's located?
`
` A. No.
`
` Q. Did Julia tell you anything about Sipnet
`
`at the time?
`
` A. No.
`
` Q. Did Julia, when she asked you to do this
`
`declaration, tell you what company at the time she
`
`was working on behalf of?
`
` A. No.
`
` Q. All right. Well, let's turn to your
`
`declaration.
`
` In Paragraph 3, you say, "currently living
`
`in Mill Valley, California."
`
` Is that still true?
`
` A. Correct.
`
` Q. And you currently work at Coraid, Inc., is
`
`that right?
`
`Alderson Reporting Company
`1-800-FOR-DEPO
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`Straight Path Ex. 2043
`Sipnet EU S.R.O. v. Straight Path IP Group, Inc.
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`
`Yuri Kolesnikov
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`San Francisco, CA
`
`May 29, 2014
`
`Page 16
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` A. Yes.
`
` Q. What is Coraid, Inc.?
`
` A. It's a start-up making storage, computer
`
`storage.
`
` Q. You're currently director of IT?
`
` A. Yes, I am.
`
` Q. And how long have you had that position?
`
` A. About two and a half years.
`
` Q. In Paragraph 4 you say that, in 1994, you
`
`worked for Decision Systems Plus as a database and
`
`systems administrative consultant.
`
` Is that a true statement?
`
` A. Yes.
`
` Q. Yes. Okay.
`
` And what type of business was Decision
`
`Systems Plus?
`
` A. It's a small consulting company.
`
` Q. And how small was it?
`
` A. At this time, I think it was total of
`
`about 20 people.
`
` Q. And where was it located?
`
` A. Rosemont, Illinois. It's a suburb of
`
`Chicago.
`
` Q. And in Paragraph 6 it says that, "In the
`
`fall of 1994, I installed multiple computer systems
`
`Alderson Reporting Company
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`Straight Path Ex. 2043
`Sipnet EU S.R.O. v. Straight Path IP Group, Inc.
`Case No. IPR2013-00246
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`
`Yuri Kolesnikov
`
`San Francisco, CA
`
`May 29, 2014
`
`Page 17
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`bundled with Windows NT 3.5 Server for Decision
`
`Systems Plus, Inc. clients."
`
` That's a true statement?
`
` A. That's a true statement.
`
` Q. And what is the basis for that statement?
`
` A. I was installing systems, I was involved
`
`in system administration part of the consulting
`
`business, and some clients required number of
`
`servers, and helped to install and configure them.
`
` Q. And so at the time, you were taking
`
`existing computer systems and installing the
`
`Windows NT 3.5 Server software?
`
` A. That's correct.
`
` Q. And in Paragraph 8 you say, "In the fall
`
`of 1994, for personal training purposes, I
`
`purchased a retail copy of Windows NT 3.5 Server."
`
` A. That's correct.
`
` Q. And is that the box that -- is it physical
`
`front of you?
`
` A. Yes.
`
` Q. Okay. And that box, there's a copy of
`
`that box and its materials attached to the back of
`
`your declaration --
`
` A. Yes.
`
` Q. -- is that correct?
`
`Alderson Reporting Company
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`Straight Path Ex. 2043
`Sipnet EU S.R.O. v. Straight Path IP Group, Inc.
`Case No. IPR2013-00246
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`
`Yuri Kolesnikov
`
`San Francisco, CA
`
`May 29, 2014
`
`Page 18
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` Have you reviewed the materials that are
`
`inside the box?
`
` A. Yes, I did.
`
` Q. Can I open up the box real quick?
`
` A. Sure.
`
` Q. Now, inside this box I noticed there were
`
`a series of disks.
`
` A. Yes.
`
` Q. There's a CD-ROM, is that correct?
`
` A. Yes.
`
` Q. And there's a couple of five-and-a-quarter
`
`inch disks?
`
` A. Uh-huh (affirmative).
`
` Q. And there is two three-and-a-half-inch
`
`disks --
`
` A. Yes.
`
` Q. -- which have Microsoft logos on them?
`
` A. Yes.
`
` Q. And then there are three disks with
`
`handwriting.
`
` A. Yes.
`
` Q. Tell me about these three disks.
`
` Is that your handwriting?
`
` A. I'm not sure. And I don't remember about
`
`these disks.
`
`Alderson Reporting Company
`1-800-FOR-DEPO
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`Straight Path Ex. 2043
`Sipnet EU S.R.O. v. Straight Path IP Group, Inc.
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`
`Yuri Kolesnikov
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`
`May 29, 2014
`
`Page 19
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` Q. Now -- go ahead.
`
` So I was going to say, what is your
`
`recollection of how these disks with handwriting on
`
`them got into the box?
`
` A. I think it was built from a CD-ROM to
`
`install on the systems that doesn't have a CD-ROM
`
`because it was not very common back in 1994. I
`
`think it was possible to some image disks to do
`
`setup -- it was possible to create image floppy
`
`disk to do install in case if you don't have a
`
`CD-ROM, but I don't remember the details.
`
` Q. And you don't know if this is your
`
`handwriting?
`
` A. Looks like it.
`
` Q. Well, you had -- in your declaration you
`
`say you purchased this software for personal use,
`
`correct?
`
` A. Yes.
`
` Q. So if, in this case, you were wanting to
`
`create from the CD-ROM onto three-and-a-half-inch
`
`disks, why not just simply use the
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`three-and-a-half-inch disks that came with the --
`
` A. I don't remember. Probably because the
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`floppy disk is very vulnerable to damage, you can
`
`easily mess them up, and you will always like to
`
`Alderson Reporting Company
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`Straight Path Ex. 2043
`Sipnet EU S.R.O. v. Straight Path IP Group, Inc.
`Case No. IPR2013-00246
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`
`Yuri Kolesnikov
`
`San Francisco, CA
`
`May 29, 2014
`
`Page 20
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`keep original disks for whatever purpose.
`
` Q. So the three disks that are labeled "Setup
`
`Disk" -- Setup Boot Disk," "Setup Disk 2" and
`
`"Setup Disk 3," they didn't actually come with the
`
`original box, correct?
`
` A. No, no.
`
` Q. And have you reviewed to see what's on
`
`those disks currently?
`
` A. No.
`
` Q. So from a manual perspective, inside the
`
`box there is something called the hardware
`
`compatibility list, correct?
`
` A. Yes.
`
` Q. And inside the box there is an
`
`installation guide, correct?
`
` A. Yes.
`
` Q. And from a manual perspective, there's
`
`also some sort of -- well, would you argue that
`
`there's no other manuals inside the box?
`
` A. No.
`
` Q. All right. So once you found the box, did
`
`you open it to look and sort of see what's inside
`
`at the time?
`
` A. No. I looked -- I looked at the DVD. I
`
`didn't look at that paper.
`
`Alderson Reporting Company
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`Straight Path Ex. 2043
`Sipnet EU S.R.O. v. Straight Path IP Group, Inc.
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`
`Yuri Kolesnikov
`
`San Francisco, CA
`
`May 29, 2014
`
`Page 21
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` Q. Okay.
`
` A. Not the DVD, actually, the CD.
`
` Q. The CD-ROM. You looked at the CD-ROM.
`
`You looked to see what was on the CD-ROM?
`
` A. I looked for the manual part of it, yes.
`
` Q. And you ended up finding a manual on this,
`
`right?
`
` A. There were more manuals than included with
`
`the box. They used some kind of a special format
`
`of manual file which you can search and read like a
`
`book on the screen.
`
` Q. And did you ever print out what was on
`
`this CD-ROM?
`
` A. No.
`
` Q. Have you ever seen the printed version of
`
`what's -- from the CD-ROM?
`
` A. Printed version of what?
`
` Q. Of any of the manuals that were on the
`
`CD-ROM?
`
` A. Yes.
`
` Q. You have seen that?
`
` A. Yes.
`
` Q. All right. In Paragraph 11 of your
`
`declaration, you state that, "I compared the
`
`digital copy of the Windows NT Server retail TCP/IP
`
`Alderson Reporting Company
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`Straight Path Ex. 2043
`Sipnet EU S.R.O. v. Straight Path IP Group, Inc.
`Case No. IPR2013-00246
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`
`Yuri Kolesnikov
`
`San Francisco, CA
`
`May 29, 2014
`
`Page 22
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`Guide on the CD-ROM to Exhibit 1004 in the
`
`above-referenced case. The two documents are
`
`substantially identical."
`
` You wrote that?
`
` A. Yes.
`
` Q. So talk me through what exactly you did.
`
` A. So what I did, one of the question that
`
`came from Julia was if I remember the TCP/IP guide
`
`that came with Windows manual. And it was not in
`
`my copy, and as far as I remember, they never
`
`distributed it with a standard -- Microsoft never
`
`distributed this manual with a copy of Windows NT.
`
`However, they distributed with new computer. There
`
`were some computers from some manufacturers which I
`
`don't remember, but they had more manuals included
`
`with Windows NT box.
`
` So obviously I looked at Google for this
`
`manual and found a PDF copy, scanned PDF copy of
`
`this manual. And I looked through this manual and
`
`I looked at the help file on CD-ROM, and, yes, they
`
`look the same.
`
` And I remember that, what I recall, from
`
`my experience in '94, that they have pretty much
`
`the same content that they have in the manual, just
`
`in a different format. PDF didn't exist at that
`
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`Straight Path Ex. 2043
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`
`Yuri Kolesnikov
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`
`May 29, 2014
`
`Page 23
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`time, so they used Microsoft Help format. And
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`content was the same. Obviously formatting is
`
`different, but all the words are the same.
`
` Q. And did you look at every page to --
`
` A. No, I didn't look at every page, but I
`
`scanned through.
`
` Q. And your statement in your declaration
`
`used the word "substantially identical."
`
` A. Yes.
`
` Q. So you would agree that, in fact, it's --
`
`what was on the CD-ROM is not identical to Exhibit
`
`1004?
`
` A. They are substantially identical because
`
`it talks about the same things, the same order, the
`
`same content. It's not exactly identical because
`
`using different format, but the words, as far as I
`
`can see, are the same and the contents are the
`
`same.
`
` Q. So I'm going to give you a copy of Exhibit
`
`1004.
`
` Now, you said you found this on Google?
`
`How did you find this on Google?
`
` A. Well, I looked for TCP/IP -- well I don't
`
`remember the exact search string, but I looked for
`
`TCP/IP manual for Windows NT, and came up with --
`
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`Yuri Kolesnikov
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`
`May 29, 2014
`
`Page 24
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`somebody scanned the PDF copy. I don't know who.
`
` Q. You referred to it in your declaration as
`
`Exhibit 1004.
`
` So did you find this exact copy, the one
`
`that's marked as Exhibit 1004, or did you find a
`
`different copy when you did your comparison?
`
` A. You're talking about this line here?
`
` Q. Yes, this line --
`
` A. I don't remember.
`
` Q. Is it possible that you looked at a
`
`version that didn't have this line at the bottom of
`
`it?
`
` A. I don't remember. I didn't pay attention.
`
` Q. Okay. So you looked at --
`
` At the time, when you went to do a
`
`comparison, you compared the CD-ROM with another
`
`document that may not have been what is in Exhibit
`
`1004?
`
` A. I compared -- I compared this document,
`
`which looked exactly the same, and I looked at the
`
`content. I didn't look at any headers or anything.
`
`So I looked at the content related to Microsoft
`
`TCP/IP manual. I don't recall anything saying
`
`"Exhibit 1004" or anything else. I cannot say it
`
`was not there. I cannot remember.
`
`Alderson Reporting Company
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`Straight Path Ex. 2043
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`
`Yuri Kolesnikov
`
`San Francisco, CA
`
`May 29, 2014
`
`Page 25
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` Q. So to make sure I understand your
`
`testimony is you made a comparison against a
`
`document, but you're not sure if that document was,
`
`in fact --
`
` A. The content of the document.
`
` Q. Let me finish the question.
`
` A. Uh-huh (affirmative).
`
` Q. You made a comparison of the CD-ROM
`
`against a document, but, sitting here today, you
`
`don't know if that document was, in fact, Exhibit
`
`1004?
`
` MR. MORLOCK: Object to the form of the
`
`question.
`
` MR. HOFFMAN:
`
` Q. Correct?
`
` A. Yes.
`
` Q. So have you ever seen a printed out
`
`version of what's on the CD-ROM, the manual that
`
`you --
`
` A. Printed, no.
`
` Q. Yes.
`
` A. I mean, printed exactly what is -- it's
`
`very difficult to print an entire document from a
`
`CD-ROM.
`
` Q. Do you know if the attorneys ever printed
`
`Alderson Reporting Company
`1-800-FOR-DEPO
`
`Straight Path Ex. 2043
`Sipnet EU S.R.O. v. Straight Path IP Group, Inc.
`Case No. IPR2013-00246
`
`
`
`Yuri Kolesnikov
`
`San Francisco, CA
`
`May 29, 2014
`
`Page 26
`
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`out what was on the CD-ROM?
`
` A. I don't know. I mean, the format of the
`
`document on CD-ROM is not design to be printed
`
`entirely. It's designed you can print one page,
`
`you cannot print entire document. That was never
`
`designed for it.
`
` Q. So I wanted to go back to I guess it's
`
`Paragraph 6 in your declaration which says --
`
`sorry, not Paragraph 6.
`
` Paragraph 7 in your declaration. You say
`
`here, "Some of the bundled Windows NT 3.5 Server
`
`packages I saw in fall of 1994 included a printed
`
`copy of Windows NT TCP/IP Guide."
`
` Based upon your testimony today, what it
`
`sounds like, and correct me if I'm wrong, is that
`
`your recollection is that a manual like what is
`
`Exhibit 1004 was distributed with new PC's?
`
` A. That's correct.
`
` Q. So the statement here that "Some of the
`
`bundled Windows NT 3.5 Server packages I saw in
`
`fall of 1994 included a printed copy of Windows NT
`
`TCP/IP Guide" is incorrect, based upon your
`
`recollection that the manual actually was supposed
`
`to come with new PC's, correct?
`
` A. I'm not sure I understood the question.
`
`Alderson Reporting Company
`1-800-FOR-DEPO
`
`Straight Path Ex. 2043
`Sipnet EU S.R.O. v. Straight Path IP Group, Inc.
`Case No. IPR2013-00246
`
`
`
`Yuri Kolesnikov
`
`San Francisco, CA
`
`May 29, 2014
`
`Page 27
`
`1
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` Q. Sure. I'm trying to understand is the
`
`only -- the manual that you've got in front of you,
`
`the Exhibit 1004, from your recollection, was only
`
`distributed with new PC's, correct?
`
` A. That's correct.
`
` Q. So in your statement, in your declaration,
`
`you say that "Some of the bundled service packages
`
`-- server packages I saw included a printed copy
`
`of" that manual.
`
` A. That's correct.
`
` Q. Those printed copies of the manual would
`
`have been only with new PC's, correct?
`
` A. That's correct.
`
` Q. So did you buy new PC's at the time?
`
` A. Not me.
`
` Q. Not you.
`
` A. Not me. Our clients. I never bought PC
`
`with Windows until our client did. I just
`
`installed it for them.
`
` Q. So, but the clients who received a new
`
`computer already had the Windows NT installed on
`
`it, correct, that was --
`
` A. No, they had the computer, and they had
`
`the box of disks and manuals, and I installed it
`
`for them.
`
`Alderson Reporting Company
`1-800-FOR-DEPO
`
`Straight Path Ex. 2043
`Sipnet EU S.R.O. v. Straight Path IP Group, Inc.
`Case No. IPR2013-00246
`
`
`
`Yuri Kolesnikov
`
`San Francisco, CA
`
`May 29, 2014
`
`Page 28
`
`1
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` Q. Do you recall when you did these
`
`installations?
`
` A. The only date I can give you is sometime
`
`in '94. 1994. That was long time ago.
`
` Q. So your role in 1994 was to upgrade
`
`computers on behalf of your clients?
`
` A. Install or upgrade. We didn't do any
`
`upgrades, just install, make sure they work.
`
` Q. So when Windows NT 3.5 was released at
`
`that time, you then installed -- you took the
`
`software packages like the package that you
`
`provided to the lawyers --
`
` A. Not like the package I provided because
`
`this was a separate Windows NT. Pretty much you
`
`
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