Page 1
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` UNITED STATES PATENT AND TRADEMARK OFFICE
`
` --------------------
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
` --------------------
`
`RICOH AMERICAS CORPORATION and XEROX CORPORATION
` Petitioners
`
` v.
`
` MPHJ TECHNOLOGY INVESTMENTS LLC
` Patent Owner
`
` --------------------
`
` Case IPR2013-00302
`
` Patent 7,986,426
`
` VIDEOTAPED DEPOSITION OF
`
` ROGER DOUGLAS MELEN, PH.D.
`
` Wednesday, February 5, 2014; 10:37 a.m.
`
`Reported by:
`
`Cindy Sebo
`
`Ref. No.: 11150
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`MPHJ 2003
`
`
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
`
` --------------------
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
` --------------------
`
`RICOH AMERICAS CORPORATION and XEROX CORPORATION
` Petitioners
`
` v.
`
` MPHJ TECHNOLOGY INVESTMENTS LLC
` Patent Owner
`
` --------------------
`
` Case IPR2013-00302
`
` Patent 7,986,426
`
` VIDEOTAPED DEPOSITION OF
`
` ROGER DOUGLAS MELEN, PH.D.
`
` Wednesday, February 5, 2014; 10:37 a.m.
`
`Reported by:
`
`Cindy Sebo
`
`Ref. No.: 11150
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`MPHJ 2003
`
`
`
`Page 2
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` Videotaped deposition of ROGER
`
`DOUGLAS MELEN, PH.D., taken by the Patent Owner,
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`held at the law offices of Sterne, Kessler,
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`Goldstein & Fox P.L.L.C., 1100 New York Avenue,
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`Northwest, Washington, D.C. 20005, before Cindy L.
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`Sebo, Registered Merit Court Reporter, Certified
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`Real-Time Reporter, Registered Professional
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`Reporter, Certified Shorthand Reporter, Certified
`
`Court Reporter, Certified LiveNote Reporter,
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`Real-Time Systems Administrator and Notary Public
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`in and for the District of Columbia, beginning at
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`approximately 10:37 a.m., when were present on
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`behalf of the respective parties:
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` A P P E A R A N C E S:
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`Page 3
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`Attorney for Petitioners, Ricoh Americas
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` Corporation and Xerox Corporation, and the
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` Witness:
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` STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
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` DENNIES VARUGHESE, PHARM.D., ESQUIRE
`
` MICHAEL D. SPECHT, ESQUIRE
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` KEETO SABHARWAL, ESQUIRE
`
` RICHARD M. BEMBEN, ESQUIRE
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` 1100 New York Avenue, Northwest
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` Washington, D.C. 20005
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` 202.772.8805
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` dvarughe@skgf.com
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` mspecht@skgf.com
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` ksabharwal@skgf.com
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` rbemben@skgf.com
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` A P P E A R A N C E S (Continued):
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`Page 4
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`Attorney for Patent Owner, MPHJ Technology
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` Investments LLC:
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` HILL, KERTSCHER & WHARTON, LLP
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` STEVEN G. HILL, P.C., ESQUIRE
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` 3350 Riverwood Parkway
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` Suite 800
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` Atlanta, Georgia 30339
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` sgh@hkw-law.com
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` -and-
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` THOMAS|HORSTEMEYER, LLP
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` VIVEK A. GANTI, ESQUIRE
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` 400 Interstate North Parkway, Southeast
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` Suite 1500
`
` Atlanta, Georgia 30339
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` 770.933.9500
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` Vivek.Ganti@thomashorstemeyer.com
`
`ALSO PRESENT:
`
` KIM JOHNSON, Videographer
`
` NAKUL WARRIER, Rich Americas Corporation
` (Via Telephone)
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` INDEX OF EXAMINATION
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`Page 5
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`ROGER DOUGLAS MELEN, PH.D.
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` EXAMINATION BY PAGE
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` Mr. Hill 9, 69, 247
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` Dr. Varughese 178
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` - - -
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` INDEX TO EXHIBITS
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` - - -
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`MELEN DEPOSITION
` EXHIBIT NUMBER DESCRIPTION PAGE
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` 1 U.S. Patent Number
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` 7,986,426 B1 10
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` 2 Declaration of Dr. Roger
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` Melen 15
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` 3-A Xerox Network Systems
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` Architecture, General
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` Information Manual, Part 1 68
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` 3-B Xerox Network Systems
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` Architecture, General
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` Information Manual, Part 2 68
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` 4 U.S. Patent Number 5,872,569 116
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` INDEX TO EXHIBITS (Continued)
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`MELEN DEPOSITION
` EXHIBIT NUMBER DESCRIPTION PAGE
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` 5 Xerox 150 Graphic Input
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` Station Operator and
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` Reference Manual 160
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` 6 Inter Partes Review of U.S.
`
` Patent Number 7,986,426 177
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` *(Exhibits Attached to Original Transcript.)
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`Page 7
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` ROGER DOUGLAS MELEN, PH.D.
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` P R O C E E D I N G S
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` Washington, D.C.
`
` Wednesday, February 5, 2014; 10:37 a.m.
`
` THE VIDEOGRAPHER: Here begins
`
` Tape 1 in the videotaped deposition of
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` Dr. Roger Melen taken in the matter of
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` Ricoh Americas and Xerox Corporation,
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` Petitioners, versus MPHJ Technology
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` Investments, LLC, in the U.S. Patent and
`
` Trademark Office before the Patent Trial
`
` and Appeal Board, Case Number
`
` IPR2013-00302.
`
` Today's date is February 5th,
`
` 2014. The time is 10:38.
`
` This deposition is being held at
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` Sterne, Kessler located at 1100 New York
`
` Ave., Northwest, Washington, D.C.
`
` The court reporter is Cindy Sebo;
`
` the video camera operator is Kim Johnson.
`
` Both here on behalf of TransPerfect Legal
`
` Solutions.
`
` Will counsel please introduce
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` ROGER DOUGLAS MELEN, PH.D.
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` yourselves and state whom you represent?
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` MR. HILL: Yes. For MPHJ,
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` Steve Hill.
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` MR. GANTI: For MPHJ,
`
` Vivek Ganti.
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` DR. VARUGHESE: Dennies Varughese
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` of Sterne, Kessler, Goldstein & Fox on
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` behalf of Petitioners, Ricoh Americas
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` Corporation and Xerox Corporation, and
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` on behalf of the witness.
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` MR. SPECHT: Michael Specht, also
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` with Sterne, Kessler, also on behalf of
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` Ricoh Americas and Xerox Corporation.
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` MR. BEMBEN: Richard Bemben, also
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` with Sterne, Kessler, and on behalf of
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` Ricoh and Xerox.
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` THE VIDEOGRAPHER: Will the court
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` reporter please swear in the witness?
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` - - -
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` ROGER DOUGLAS MELEN, PH.D.
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` after having been first duly sworn, was
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` examined and testified as follows:
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` - - -
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` ROGER DOUGLAS MELEN, PH.D.
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` - - -
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` EXAMINATION BY COUNSEL FOR PATENT OWNER,
`
` MPHJ TECHNOLOGY
`
` - - -
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` BY MR. HILL:
`
` Q. Good morning.
`
` Can you state your full name for
`
` the record, please?
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` A. Roger Douglas Melen.
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` Q. And are you being compensated for
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` the time that you're spending in conjunction
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` with these proceedings?
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` A. Yes. I have an hour -- hourly fee.
`
` Q. An hourly fee.
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` What is that fee, please, sir?
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` A. 495 for $195 per hour.
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` Q. And who are you -- who is paying
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` that? Is it -- is it being split amongst the
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` Petitioners or is it one Petitioner?
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` A. I don't know.
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` Q. Okay.
`
` MR. HILL: I'm going to ask the
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` court -- court reporter to mark
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` Exhibit 1 as the '426 patent.
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` ROGER DOUGLAS MELEN, PH.D.
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` - - -
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` (Whereupon, United States Patent
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` 7,986,426 B1 was marked, for
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` identification purposes, as Melen
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` Deposition Exhibit Number 1.)
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` - - -
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` BY MR. HILL:
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` Q. Can you state for the record
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` whether you identify -- whether you can identify
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` Exhibit 1?
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` DR. VARUGHESE: Objection: form.
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` BY MR. HILL:
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` Q. You can still answer.
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` (Whereupon, the witness reviews the
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` material provided.)
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` THE WITNESS: Would you repeat
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` the question?
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` BY MR. HILL:
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` Q. Well, I'll just rephrase the
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` question.
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` Do you recognize Exhibit 1?
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` A. Yes.
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` Q. You've seen it before?
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` A. Yes.
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` ROGER DOUGLAS MELEN, PH.D.
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` Q. Is this something that you've
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` reviewed in conjunction with the work that
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` you've performed in these proceedings?
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` A. Yes.
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` Q. And just state for the record what
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` Exhibit 1 is.
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` A. It is a copy of the claimed patent,
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` 7,986,426 B1.
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` Q. Okay. If I refer to this as the
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` "'426 patent," will you understand that I'm
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` referring to Exhibit 1?
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` A. Yes.
`
` Q. Okay. Had you reviewed the
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` '426 patent prior to being engaged as an expert
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` in these proceedings?
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` DR. VARUGHESE: Objection: form.
`
` BY MR. HILL:
`
` Q. You can still answer.
`
` A. No.
`
` Q. Okay. When's the first time that
`
` you reviewed the '426 patent?
`
` A. Roughly eight months ago.
`
` Q. And how many hours prior to the
`
` commencement of your deposition this morning
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` ROGER DOUGLAS MELEN, PH.D.
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` would you say you've spent reviewing the
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` contents of the '426 patent?
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` A. You mean in just reviewing
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` the patent or in preparing my declaration, or
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` the total of both?
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` Q. No. Just reviewing the patent --
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` the contents of the patent for now.
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` A. Twenty-five hours.
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` Q. Okay. Precisely or approximately?
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` A. Approximately.
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` Q. Okay. One of the things that you
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` were asked to do -- correct me if I'm wrong, but
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` you were asked to -- to formulate and express
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` opinions relating to a concept in patent law
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` known as anticipation; is that correct?
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` A. Yes.
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` Q. Do you know what anticipation is?
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` DR. VARUGHESE: Objection: form.
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` THE WITNESS: Yes. I've written
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` about it in -- in my declaration.
`
` BY MR. HILL:
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` Q. All right. Have you testified as
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` an expert in any prior patent proceedings,
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` either before the Patent Trial Appeals Board or
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` in Federal Court?
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` A. Would you repeat the question?
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` Q. Yes.
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` Have you testified as an expert
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` before in any patent-related proceedings?
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` A. Yes.
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` Q. And how many times have you done
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` that, sir?
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` A. Once.
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` Q. Okay. Have you written reports,
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` expert reports, in conjunction with patent
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` infringement litigation?
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` A. Yes.
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` Q. How many times have you done that?
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` A. In my lifetime or in the last
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` 10 years, or through what period of time?
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` Q. In your lifetime, approximately.
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` A. Approximately 10.
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` Q. Okay. And in those reports or
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` prior testimony that you've given, have you
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` expressed any opinions before relating to the
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` concept of anticipation, whether a patent claim
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` is anticipated by prior art?
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` DR. VARUGHESE: Objection:
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` relevance.
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` THE WITNESS: I don't recall.
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` BY MR. HILL:
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` Q. Okay. So what is your
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` understanding of the concept of anticipation as
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` it applies to the '426 patent?
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` DR. VARUGHESE: Objection: form.
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` BY MR. HILL:
`
` Q. You can still answer.
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` A. I would like to have a copy of my
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` declaration and respond after I've reviewed what
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` I have said in my declaration.
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` Q. Do you need your declaration in
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` order to explain the concept of anticipation,
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` sir?
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` DR. VARUGHESE: Objection: form.
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` THE WITNESS: I would like to be
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` as accurate and consistent as possible.
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` And I think reviewing my declaration
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` would -- would assist that.
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` BY MR. HILL:
`
` Q. Okay.
`
` MR. HILL: Mark this as the next
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` exhibit, please.
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` ROGER DOUGLAS MELEN, PH.D.
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` - - -
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` (Whereupon, Declaration of Dr.
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` Roger Melen was marked, for
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` identification purposes, as Melen
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` Deposition Exhibit Number 2.)
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` - - -
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` THE WITNESS: I have been advised
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` and understand that a claimed invention
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` is anticipated -- anticipated only if
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` each and every element as set forth in
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` the claim is found, either expressly or
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` inherently described, in a single prior
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` art reference.
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` BY MR. HILL:
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` Q. Thank you.
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` And just for the sake of the
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` record's clarity, you're reading Paragraph 19 of
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` your declaration, correct?
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` A. That is correct.
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` Q. What does it mean to inherently
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` describe something in a prior art reference?
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` A. It means that it's clear -- clearly
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` described in that exact form or -- or something
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` more grander or great -- greater that you are
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` ROGER DOUGLAS MELEN, PH.D.
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` inheriting part of.
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` Q. Okay.
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` A. So it's an exact match, in essence.
`
` Q. I also note, looking at your
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` declaration, Paragraph 18, you've expressed a
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` view relating to who a person of ordinary skill
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` in the art is with respect to the '426 patent;
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` is that correct?
`
` A. That's correct.
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` Q. How did you reach the opinion that
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` you hold relating to what the qualifications of
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` a person of ordinary skill in the art are with
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` respect to the '426 patent?
`
` A. From my experience in education and
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` in -- in the industry with people of this
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` quality -- qualifications in work -- working
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` with them.
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` Q. Okay. Did you consider any other
`
` factors in formulating the opinion you've
`
` expressed in Paragraph 18?
`
` A. Could -- could you rephrase --
`
` rephrase the question? I don't quite see what
`
` the . . .
`
` Q. Other than -- other than what you
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` ROGER DOUGLAS MELEN, PH.D.
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` just told me relating to your experience working
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` with others in the field, did you consider any
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` other -- any other factors in reaching your
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` determination of what the qualifications of a
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` person of ordinary skill in the art are with
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` respect to the '426 patent?
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` A. What type of factors?
`
` Q. Any.
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` DR. VARUGHESE: Objection: form.
`
` BY MR. HILL:
`
` Q. Did you consider the degree of the
`
` difficulty of the technology as described in the
`
` '426 patent?
`
` A. I did include in my thinking --
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` in -- in specifying this -- the -- the degree of
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` difficulty in the content of the '4- --
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` '426 patent.
`
` Q. Did you -- did you discuss the
`
` contents of the '426 patent with any persons who
`
` hold a Bachelor of Science degree in a
`
` computer-related technical field to see if they
`
` shared your opinion as expressed in
`
` Paragraph 18?
`
` DR. VARUGHESE: Objection.
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` ROGER DOUGLAS MELEN, PH.D.
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` In answering this question, I
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` caution the witness not to divulge any
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` confidential communications you've had
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` with counsel.
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` MR. HILL: And just for
`
` clarification, are you taking the
`
` position that communications between
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` counsel for the Petitioner and the
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` witness are subject to attorney-client
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` privilege under Rule 26?
`
` DR. VARUGHESE: We're taking the
`
` position that communications that the
`
` witness has had with counsel are
`
` protected except to the extent that he
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` may have relied upon them in -- in
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` rendering his opinions.
`
` MR. HILL: Okay.
`
` THE WITNESS: Could you repeat
`
` the question?
`
` BY MR. HILL:
`
` Q. Yes.
`
` Other than counsel for the
`
` Petitioners, have you spoken with anyone holding
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` a Bachelor of Science degree in a
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` ROGER DOUGLAS MELEN, PH.D.
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` computer-related technical field to see if they
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` shared your view of whether they possess the
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` requisite level of skill in the art for the
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` '426 patent?
`
` A. No.
`
` Q. Okay. Did you look at any course
`
` catalogs in -- in programs for electrical
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` engineering, computer engineering or computer
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` science to see whether and to what extent those
`
` courses covered networking, software creation,
`
` APIs, hardware, such as scanners and whatnot?
`
` A. In the past, I've been a professor
`
` of electrical engineering at Stanford, and I
`
` have taught courses there. I am very familiar
`
` with the content of the core -- curriculum there
`
` in -- in the Bachelor's degree, the Master's
`
` degree and the Ph.D. teachings.
`
` And so it is inherent in my
`
` background that I am very familiar with the
`
` experience of -- of those kinds of people.
`
` Q. What years did you teach at
`
` Stanford?
`
` A. I was most active in the 1970 --
`
` '70s, but I have continued to teach a class in
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` ROGER DOUGLAS MELEN, PH.D.
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` electrical engineering at Stanford continuously
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` since 1976. And I am teaching it now.
`
` Q. And -- and what courses have you
`
` taught at Stanford since 1990 -- I'm sorry.
`
` What -- were you a full-time
`
` faculty at Stanford in the mid to late '90s?
`
` A. No.
`
` Q. What were you doing in the mid to
`
` late '90s?
`
` A. I did teach -- teach a class then,
`
` but I -- I had more than what -- one job.
`
` My primary job during that period
`
` of time was that I was a vice president of
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` research and development at Canon Research
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` America, which a -- was a fully owned subsidiary
`
` of the Canon Company of Japan.
`
` Q. And what were your job
`
` responsibilities in that time frame?
`
` A. The CRA lab, as we call -- called
`
` it at the time, was a -- what we call "a
`
` skunkworks." We were charged with doing
`
` research and development of advanced concepts.
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` And, in particular, we -- we were charged with
`
` developing a complete system for office doc --
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` ROGER DOUGLAS MELEN, PH.D.
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` document storage and retrieval, which would
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` include hardware, software, firmware, net --
`
` networking and all aspects of -- of that system.
`
` Q. What's the difference between
`
` firmware and software, as you used those terms?
`
` A. Firmware is a -- a special type of
`
` software that is stored typically within a
`
` semiconductor map -- memory inside the device.
`
` Q. Is the memory volatile or
`
` nonvolatile?
`
` DR. VARUGHESE: Objection:
`
` outside the scope.
`
` THE WITNESS: I think there is
`
` the pot -- possibility of both types.
`
` The firmware can -- can be stored on a
`
` hard drive, and then, under certain sets
`
` of circumstances, it -- it can be
`
` transferred to volume -- volatile
`
` memory.
`
` I don't think that's the most --
`
` most important dis -- distinction. It's
`
` more whether it is integral and part of a
`
` machine or an application in the machine.
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` ROGER DOUGLAS MELEN, PH.D.
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` BY MR. HILL:
`
` Q. What's the difference -- how do
`
` you -- how do you differentiate between what's
`
` integral to the machine and integral to the
`
` application of the machine?
`
` A. Well, I think that -- that's a
`
` judgment call that is not precise and -- and
`
` varies from person to person.
`
` Q. What factors do you take into
`
` consideration when you're making that
`
` evaluation?
`
` A. Well, it depends upon the specific
`
` type of machine and -- and the kind of
`
` information being stored.
`
` If -- if the information --
`
` information is necessary for the basic operation
`
` of the machine and the machine has multiple
`
` applications, it's more frequent to call that
`
` firmware, but there's no -- excuse me -- there
`
` were no hard-and-fast rules.
`
` Q. Okay. Looking at your declaration,
`
` Paragraphs 27 through 28, you -- you described
`
` what is listed here as Understanding of Certain
`
` Claim Terms.
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` ROGER DOUGLAS MELEN, PH.D.
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` Do you see that?
`
` It starts on Page 9 of your
`
` declaration, I'm sorry. I should have . . .
`
` A. Thank you.
`
` Q. Sure.
`
` Do you see the heading,
`
` Understanding of Certain Claim Terms?
`
` A. Was there a question?
`
` Q. Yes. I was asking if you see where
`
` I am on the heading.
`
` A. Yes. Yes, I see it. Yes.
`
` Q. Okay. Are you familiar with --
`
` through your work with patents with a concept
`
` known as "claim construction"?
`
` A. Yes.
`
` Q. Okay. Can you describe for me what
`
` your understanding of claim construction is?
`
` A. It's a term which describes the
`
` kind of format or template or -- that -- that a
`
` claim might take.
`
` Q. In Paragraph 27, you say, Claims 1
`
` and 9 recite the term "seamlessly." And then
`
` you devote the better part of the next page and
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` a half to articulating how you interpret that
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` ROGER DOUGLAS MELEN, PH.D.
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` word -- or how that word has been interpreted by
`
` others.
`
` You -- you familiar -- you -- you
`
` remember doing that in Paragraph 27?
`
` A. I do remember.
`
` Q. Okay. So in Claim 1, if you'll
`
` look in -- I'll give you the column. It's
`
` Column 84 of Exhibit 1. And just for reference,
`
` the next-to-last page is the easiest way to get
`
` you there.
`
` Tell me when you've found Claim 1
`
` in the '426 patent.
`
` A. I'm seeing Claim 1.
`
` Q. Yes.
`
` Did you reach an understanding of
`
` the meaning of all of these other terms that are
`
` used in Claim 1, or did you only focus on
`
` understanding the meaning of the term
`
` "seamlessly"?
`
` DR. VARUGHESE: Objection to
`
` form.
`
` BY MR. HILL:
`
` Q. You can still answer.
`
` A. The question is confusing.
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` ROGER DOUGLAS MELEN, PH.D.
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` When -- when or -- could you
`
` rephrase the question?
`
` Q. In the process of preparing your
`
` report --
`
` A. Right.
`
` Q. -- more generally, in the process
`
` of formulating your opinions relating to
`
` anticipation, did you -- did you focus on
`
` understanding the meaning of other claim terms
`
` than just "seamlessly" in Claim 1?
`
` DR. VARUGHESE: Same objection.
`
` (Whereupon, the witness reviews the
`
` material provided.)
`
` THE WITNESS: I did look at
`
` all -- all of the terms in Claim 1 prior
`
` to the decision to discuss seamlessly.
`
` BY MR. HILL:
`
` Q. Okay. Claim 1 uses the term
`
` "computer data management system."
`
` Is that a term that you're familiar
`
` with from your work in the field?
`
` DR. VARUGHESE: Objection to
`
` form.
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` BY MR. HILL:
`
` Q. Let me rephrase.
`
` Is "computer data management
`
` system" a term that you believe you -- believed
`
` that you understood at the time that you
`
` authored your declaration in these proceedings?
`
` A. Yes.
`
` Q. And what -- what understanding did
`
` you attach to the phrase "computer data
`
` management system"?
`
` A. To one in my field, this seems
`
` self-apparent. It is taught in classes; it's a
`
` very broad class of description; it's commonly
`
` encountered.
`
` It has to do with computer and data
`
` and the map -- map -- management of that data
`
` using the computer system. It's sort of
`
` self-apparent --
`
` Q. Okay.
`
` A. -- at least to one skilled in the
`
` art.
`
` Q. Okay. And what was your -- did you
`
` have an understanding at the time that you
`
` authored your declaration as to the meaning of
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` ROGER DOUGLAS MELEN, PH.D.
`
` the phrase "At least one of an electronic image,
`
` graphic and document management system"?
`
` A. Would you repeat that? I -- I got
`
` confused.
`
` MR. HILL: Can you read the
`
` question back to him, please?
`
` - - -
`
` (Whereupon, the court reporter
`
` read back the pertinent part of
`
` the record.)
`
` - - -
`
` THE WITNESS: Is that phrase in
`
` Claim 1?
`
` BY MR. HILL:
`
` Q. Yes. It's in the first through
`
` third lines of Claim 1.
`
` A. In the first part?
`
` Q. Yeah, in the preamble.
`
` A. In the preamble?
`
` Q. Starting at Line 38 of Column 84.
`
` A. Oh, yes, I see it.
`
` I knew what that -- that means,
`
` yes.
`
` Q. And what understanding did you
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` ROGER DOUGLAS MELEN, PH.D.
`
` attach to that term at the time that you
`
` prepared your declaration?
`
` A. That's a -- a system with a
`
` combination of hardware and software that
`
` performs certain specific image connected
`
` functions with regard to documents.
`
` Q. And how does that system differ
`
` from your understanding of a computer data
`
` management system, if at all?
`
` A. Well, one term, computer data
`
` map -- map -- management is -- is general and
`
` appears in magazines, in press and everywhere,
`
` and is widely used, and -- and it has a very
`
` broad context.
`
` A electronic image, graphics and
`
` document map -- map -- management system is a
`
` subclass of that, which is narrower.
`
` Q. And if I can direct your attention
`
` to Column 84, Lines 49 and 50.
`
` There's a reference there to At
`
` least one memory storing a plurality of
`
` interface protocols for interfacing and
`
` communicating.
`
` Do you see that?
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` A. Yes.
`
` Q. Okay. What understanding did you
`
` attach to the meaning of "a plurality of
`
` interface protocols for interfacing and
`
` communicating"?
`
` A. That describes the kind of
`
` information which is being stored in -- in the
`
` memory.
`
` Q. Well, I mean, I understand from a
`
` reading of the claim that it's stored in memory
`
` in this claim, but what I'm asking is what --
`
` more generally, what was your understanding of
`
` "a plurality of interface protocols"?
`
` A. There was more than one interface
`
` protocol software stored.
`
` Q. What is an interface protocol?
`
` A. Oh. Are you asking what -- what is
`
` the protocol or what is the software being
`
` stored in the memory?
`
` Q. Well, I'm asking what your
`
` understanding of the phrase "a plurality of
`
` interface protocols" is at it -- as it exists in
`
` Claim 1?
`
` DR. VARUGHESE: Object to form.
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` BY MR. HILL:
`
` Q. Do you have an understanding of
`
` what a plurality of interface protocols is in
`
` Claim 1?
`
` A. Oh, sure.
`
` Q. Okay. Will you tell me what that
`
` is?
`
` A. Yes. Well, what -- what -- an
`
` example of an interface pro -- protocol might be
`
` how you communicate with a network connected
`
` device, a -- or -- or -- or the networking
`
` system itself.
`
` It's a -- a -- a set of software
`
` codes which rep -- represent actions and data,
`
` which, when put into the right environment, will
`
` successfully assist in interfacing.
`
` Q. So is it your testimony that a
`
` person of ordinary skill in the art seeing the
`
` phrase "a plurality of interface protocols"
`
` would conclude that those protocols are
`
` exclusively confined to a set of software codes?
`
` DR. VARUGHESE: Objection to
`
` form.
`
` THE WITNESS: In Claim 1 -- and
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`25
`
` ROGER DOUGLAS MELEN, PH.D.
`
` what we're discussing is -- is a memory
`
` for storing it -- the -- that mem- --
`
` memory is storing software codes, binary
`
` numbers.
`
` BY MR. HILL:
`
` Q. Okay. If you would look down to
`
` Line 57 of Column 84. This is the part of
`
` Claim 1 where it refers to the word
`
` "integration."
`
` Do you have an understanding of
`
` what the term "integration" means as it pertains
`
` to the '426 patent?
`
` A. Yes.
`
` Q. And what is that understanding?
`
` A. I
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