CORY PLOCK (FOLEY REFERENCE)
`August 20, 2014
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` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`GOOGLE INC.
`Petitioner,
`v.
`B.E. TECHNOLOGY, L.L.C. DEPOSITION OF
`Patent Owner, CORY PLOCK
`___________ (FOLEY REFERENCE)
`Case IPR2014-00033
`Patent 6,771,290 B1
`_________________________________
`
` T R A N S C R I P T of the stenographic
`notes of THERESA L. TIERNAN, a Certified Court Reporter
`and Notary Public of the State of New Jersey, taken at
`the offices of GREENBERG TRAURIG, METLIFE BUILDING, 200
`PARK AVENUE, NEW YORK, NEW YORK, on WEDNESDAY, AUGUST
`20, 2014, commencing at 1:31 p.m.
`
`_______________________________________________________
`
`CSI GLOBAL DEPOSITION SERVICES
`972-719-5000
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`Google Ex. 1014, pg 1
`
`
`August 20, 2014
`
`1
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` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`GOOGLE INC.
`Petitioner,
`v.
`B.E. TECHNOLOGY, L.L.C. DEPOSITION OF
`Patent Owner, CORY PLOCK
`___________ (FOLEY REFERENCE)
`Case IPR2014-00033
`Patent 6,771,290 B1
`_________________________________
`
` T R A N S C R I P T of the stenographic
`notes of THERESA L. TIERNAN, a Certified Court Reporter
`and Notary Public of the State of New Jersey, taken at
`the offices of GREENBERG TRAURIG, METLIFE BUILDING, 200
`PARK AVENUE, NEW YORK, NEW YORK, on WEDNESDAY, AUGUST
`20, 2014, commencing at 1:31 p.m.
`
`_______________________________________________________
`
`CSI GLOBAL DEPOSITION SERVICES
`972-719-5000
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`Google Ex. 1014, pg 1
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`CORY PLOCK (FOLEY REFERENCE)
`August 20, 2014
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`A P P E A R A N C E S:
`
` MAYER BROWN, LLP
` BY: BRIAN A. ROSENTHAL, ESQ.,
` and JOHN X. ZHU, ESQ.,
` 1675 BROADWAY
` NEW YORK, NEW YORK 10019-5820
` BROSENTHAL@MAYERBROWN.COM
` JZHU@MAYORBROWN.COM
` (212) 560-2754
` Attorneys for Google Inc.
`
` FREITAS, ANGELL & WEINBERG, LLP
` BY: DANIEL J. WEINBERG, ESQ.,
` 350 MARINE PARKWAY
` SUITE 200
` REDWOOD SHORES, CALIFORNIA 94085
` DWEINBERG@FAWLAW.COM
` (650) 730-5501
` Attorneys for B.E. Technology, LLC.
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`CSI GLOBAL DEPOSITION SERVICES
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`Google Ex. 1014, pg 2
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`CORY PLOCK (FOLEY REFERENCE)
`August 20, 2014
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` I N D E X
`WITNESS DIR CRS RED REC
`CORY PLOCK
`BY: MR. ROSENTHAL 4
`
` E X H I B I T S
`NUMBER DESCRIPTION IDENT
` NO EXHIBITS MARKED DURING DEPOSITION.
` ALL EXHIBITS PREMARKED.
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`CSI GLOBAL DEPOSITION SERVICES
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`Google Ex. 1014, pg 3
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`August 20, 2014
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`C O R Y P L O C K, 1603 EATON COURT, DANBURY,
`CONNECTICUT, 06811, being first duly sworn by the
`Notary, testifies as follows:
`DIRECT EXAMINATION BY MR. ROSENTHAL:
` Q Good afternoon, Dr. Plock.
` MR. WEINBERG: State our appearances?
` MR. ROSENTHAL: Brian Rosenthal for
`Google from Mayer Brown.
` MR. ZHU: John Zhu from Mayer Brown,
`also for Google.
` MR. WEINBERG: Dan Weinberg from
`Freitas, Angell and Weinberg for B.E. Technology,
`LLC.
` Q So this deposition is going to focus on
`the Foley reference, and the petition related to the
`Foley reference, and I'd like to start just by
`asking you what you understood the scope of your
`work to be in preparing the declaration that you
`submitted in the Foley petition?
`A So my scope of work included reviewing a
`number of documents; of course, including Foley; of
`course, the '290 patent. I reviewed, you know,
`transcripts of depositions, and I was asked to
`answer several questions that ultimately, you know,
`were answered in my report.
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`CSI GLOBAL DEPOSITION SERVICES
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`Google Ex. 1014, pg 4
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`August 20, 2014
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` Q Okay. And your report which is --
` MR. WEINBERG: For the record, it's a
`declaration rather than a report.
` MR. ROSENTHAL: Excuse me.
` Q Your declaration, which is Exhibit 2001
`in proceeding 0033, sets forth the opinions that
`you've reached in this proceeding, correct?
`A That's correct.
` Q Okay. And have you reached any other
`opinions or conclusions that aren't set forth in
`this declaration?
`A Well, there's none that come to mind.
` Q Are you aware of any errors or
`corrections that you need to make to this
`declaration sitting here?
`A Sitting here today, I think I may have
`spotted a grammatical error or two that not would
`not affect the substance of my declaration. I'm not
`aware of any error sitting here today.
` Q Okay. Thank you.
` So if you could turn in your
`declaration to paragraph 20. Here you say that you
`"understand that the Patent Trial and Appeal Board
`has defined certain terms of the '290 patent. I
`have been asked to assume that a 'user profile' is
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`CSI GLOBAL DEPOSITION SERVICES
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`Google Ex. 1014, pg 5
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`August 20, 2014
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`user-specific information related to the individual
`using a computer. I have also been asked to assume
`that a 'user library' is a collection of an
`individual's stored files."
` Do you see that?
`A Yes, yes.
` Q Is it your understanding that that's
`how those terms were construed by the Board in the
`institution decision?
`A That is my understanding.
` Q Can you turn to the institution
`decision in the 033 case, which is document number
`9, paper number 9. And before I go to a specific
`page, did you consider and review this institution
`decision?
`A I did look at the institution decision, yes.
` Q Okay. Did you rely on it?
`A I don't think I relied on it, other than my
`understanding that I set forth in the declaration.
` Q Can you turn to page 8 of the
`institution decision, please?
` There's a table on pages 8 and 9 that
`list a number of claim terms and the construction
`that the Board adopted.
` Do you see that?
`
`CSI GLOBAL DEPOSITION SERVICES
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`Google Ex. 1014, pg 6
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`CORY PLOCK (FOLEY REFERENCE)
`August 20, 2014
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`A Yes.
` Q Did you apply the claim constructions
`that are set forth in this table in performing your
`analysis?
`A I believe I have.
` Q Okay. You list in your declaration
`specifically user profile and user library. I
`didn't see you list some of these other definitions,
`but you did apply them, correct?
`A Did apply what?
` Q The constructions in that table.
`A Sitting here today, I believe I did.
` Q Okay. Can you turn to page 16 of the
`institution decision? Under Section 4, Order, you
`see that there's a reference, or there's a
`statement, "an inter partes review is hereby
`istituted as to claims 2 and 3 of the '290 patent on
`the ground that they are unpatentable under 35
`U.S.C. 103 over Foley."
` Do you see that?
`A Yes, I see that.
` Q Do you understand that the Board
`instituted a trial and question of whether those
`claims are obvious over Foley?
`A Sitting here today, I'm not aware. I may
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`CSI GLOBAL DEPOSITION SERVICES
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`Google Ex. 1014, pg 7
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`CORY PLOCK (FOLEY REFERENCE)
`August 20, 2014
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`have read it at some point and then have forgotten
`it.
` Q Okay. So sitting here today, you have
`no recollection of understanding that the ground on
`which trial has been instituted is an obviousness
`ground, correct?
`A I have not -- I do not have an understanding
`of that.
` Q Okay. Now, I didn't see in your
`declaration any opinions whatsoever as to whether
`any limitations are obvious in view of Foley.
` Did you reach any opinions as to
`whether any limitations are obvious?
`A Well, I did not take a position on whether
`any particular claim was obvious or not obvious, if
`that's what you're asking me.
` Q It is.
`A Then can you restate the question just so I
`know?
` Q I think you've answered it.
`A Oh, okay.
` Q I think I understood you to just say
`you did not take a position on whether any claim is
`obvious or not obvious, right?
`A Correct.
`
`CSI GLOBAL DEPOSITION SERVICES
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`Google Ex. 1014, pg 8
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`CORY PLOCK (FOLEY REFERENCE)
`August 20, 2014
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` Q And I just want to summarize your
`opinions -- not summarize. I want to state your
`opinions, and make sure that I have I haven't missed
`anything.
`A Uh-huh.
` Q Your opinions are set forth starting in
`paragraph 18, so -- and you say in 18 you've "been
`asked by counsel to provide expert opinions on
`certain topics and questions presented below."
` Do you see that?
`A Yes.
` Q So in 19 you list the first question.
`You say, "I've been asked to opine on whether Foley
`discloses a 'user profile' as distinct from a 'user
`library'", and then you express your opinion that
`"Foley has not disclosed" that limitation, correct?
`A Yes.
` Q And you did do not render an opinion as
`to whether Foley would render obvious the limitation
`of having a distinct user profile and user library,
`correct?
`A That is correct.
` Q Okay. Can you turn to paragraph 26,
`which I believe is your next question.
` You say, "I have been asked to opine on
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`CSI GLOBAL DEPOSITION SERVICES
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`Google Ex. 1014, pg 9
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`CORY PLOCK (FOLEY REFERENCE)
`August 20, 2014
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`whether Foley discloses a 'user profile'", and then
`you say it is your "opinion that Foley does not
`disclose a user profile," correct?
`A That is correct.
` Q And you do not provide an opinion on
`whether it would be obvious to use a user profile in
`view of Foley, correct?
`A I just want to understand your question
`better. Can you repeat it?
` Q Sure.
` You do not provide an opinion as to
`whether the user profile limitation would be obvious
`in view of Foley, correct?
`A Correct.
` Q Okay. And the last question is on
`paragraph 31. I'm sorry -- it's not the last
`question, there are some others.
` The next question is on paragraph 31.
`Here you state that you've been asked to opine on
`whether the JWS program and JWS browser are
`considered related program modules, and you state
`your opinion that they are not, correct?
`A That is correct.
` Q And you do not provide an opinion as to
`whether it would be obvious to use related program
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`CSI GLOBAL DEPOSITION SERVICES
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`Google Ex. 1014, pg 10
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`CORY PLOCK (FOLEY REFERENCE)
`August 20, 2014
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`modules to perform the functions performed by JWS
`program and JWS browser, correct?
`A Correct. I have not stated anything about
`obviousness.
` Q Okay. Can you turn to paragraph 38?
`Here you state your opinion that "the JWS program is
`not operable upon execution to receive or access
`remote portfolio or project files," correct?
`A Correct.
` Q You do not address whether it would be
`obvious to have the JWS program perform that
`function, correct?
`A No, I did not provide that opinion.
` Q Okay. And I believe this is the last
`one. Paragraph 41 -- actually, it's on paragraph 42
`that you state your opinion. You state your opinion
`here that "the JWS browser does not display" the
`"'graphical user interface'" "comprising an
`application window having a number of
`user-selectable items displayed therein," correct?
`A Correct.
` Q And you do not state an opinion as to
`whether it would be obvious to have the JWS browser
`perform that function, correct?
`A Correct.
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`CSI GLOBAL DEPOSITION SERVICES
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`Google Ex. 1014, pg 11
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`CORY PLOCK (FOLEY REFERENCE)
`August 20, 2014
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` Q Okay. Let's start with your first
`opinion back on paragraph 19.
` It is your opinion that the Foley
`reference does not disclose a separate user profile
`and user library, correct?
`A Correct.
` Q In paragraph 22, you refer to a
`portfolio file as depicted in Figure 5 of Foley.
` Can you turn to Figure 5 of Foley?
` Do you agree that Figure 5 depicts a
`portfolio file as disclosed in Foley?
`A It does depict a portfolio file in part.
`There are other things depicted as well.
` Q Understood. One of the things that it
`depicts is a portfolio file, correct?
`A I believe that to be correct, yes.
` Q And the portfolio file contains project
`file references for its constituent projects,
`correct?
`A Correct.
` Q And the projects are files that reside
`in a user's home directory, correct?
`A Can you state the question again?
` Q Sure.
` The projects that are referred hereto
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`CSI GLOBAL DEPOSITION SERVICES
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`Google Ex. 1014, pg 12
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`CORY PLOCK (FOLEY REFERENCE)
`August 20, 2014
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`in Figure 5 are files that are stored in the user's
`home directory, correct?
`A I'm not sure where they're stored sitting
`here right now. I would have to consult Foley to
`answer that --
` Q Okay. Let me --
`A -- possibly.
` Q Sorry.
`A That's all right.
` Q Let me ask a slightly different
`question.
` Do you agree that each of the project
`file references are references to project files that
`are either path and file name or URL?
`A Question again.
` Q Do you agree that the references -- the
`project file references constitute references to
`project files, which can be either a path and file
`name or a URL?
`A Well, I see in Figure 5 that there is a path
`and file name. This particular figure does not
`depict a URL contained in the project -- portfolio
`file.
` Q How about Project7?
`A How about what?
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`CSI GLOBAL DEPOSITION SERVICES
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`Google Ex. 1014, pg 13
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`CORY PLOCK (FOLEY REFERENCE)
`August 20, 2014
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` Q Is Project7 a reference to a URL?
`A I don't know what you mean by Project7.
` Q Sorry. Within the portfolio file,
`there's a reference 162A1g, which is a reference to
`a project whose name is Project7, and underneath it
`there is a line that begins "HTTP".
` Do you see that?
`A Project7, I see. Oh, I see. Okay. Okay.
`So there is a URL. I did not see that before.
` Q Okay. So do you agree that the
`references that are contained in a portfolio file
`can be either path and file names or URLs?
`A So according to this, it could be either.
` Q Okay. In either case, what's stored in
`the portfolio file is a reference to a file that is
`separate from the portfolio file, correct?
`A And by "separate", do you mean different
`file?
` Q Yes, I do.
`A Yes, I would expect the references to refer
`to a file that is different than the portfolio file.
` Q So, for example, Project1 has a
`reference to a file called "Applet.prj".
` Do you see that?
`A Yes, I see it.
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`CSI GLOBAL DEPOSITION SERVICES
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`Google Ex. 1014, pg 14
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`CORY PLOCK (FOLEY REFERENCE)
`August 20, 2014
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` Q And your understanding of this
`reference is that that is a reference to an actual
`file that exists in this directory home, correct?
`A Yes.
` Q And the same is true of the
`Standalone.prj, Package.prj, Image.prj, and
`Remote.prj files, correct?
`A Yes, that's correct.
` Q So each of those are files that exist
`on the file system in the home directory, correct?
`A Yes. Again, talking specifically about
`Figure 5, yes.
` Q Exactly. Yes.
` And the portfolio file itself is
`different in that, i.e., that it's a different file
`than any of those five files that I just identified,
`correct?
`A Yes, I would expect it to be a different
`file.
` Q So the file that contains the
`references to those project files is separate from
`the project files themselves, correct?
`A Well, it's physically separate inasmuch as
`they are different --
` Q Understood.
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`CSI GLOBAL DEPOSITION SERVICES
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`Google Ex. 1014, pg 15
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`A -- files.
` Q Understood.
` So you would expect that there would be
`on the file system one file, which is the portfolio
`file, and within that file there are references to
`other files.
` Also on the file system exists those
`other project files, correct?
`A That is correct.
` Q And so the portfolio file is different
`from the collection of project files, correct?
`A Yes, the files are distinct.
` Q Okay. Can we turn to paragraph 26,
`please?
` Here you set forth your opinion that
`"Foley does not disclose a user profile."
` In paragraph 27 you say, "In
`determining what a user profile should include, I
`looked to the specification of the '290 patent,
`which makes numerous references to user profiles and
`idle contained therein. Such items include:" and
`then you list nine items.
` Do you see that?
`A Yes.
` Q Is it your opinion that these nine
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`CSI GLOBAL DEPOSITION SERVICES
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`Google Ex. 1014, pg 16
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`items are examples of user-specific information that
`would satisfy the definition of user profile?
`A So these are disclosed in the '290, so I
`would expect them to satisfy the definition.
` Q Okay. So, for example, item no. d,
`"Bookmarks, shortcuts, and such links to file and
`information resources accessible via either the
`network or the Internet," would be an example of
`user-specific information, correct?
`A Yes.
` Q You have testified previously that if a
`user selects which files or resources are linked in
`a profile, that those selections constitute user
`preferences, and, therefore, constitute
`user-specific information.
` Do you agree with that?
`A I think that the -- it's longer than what
`you've said. User-specific information, I forget
`the exact phrase sitting here now.
` Q User-specific information related to
`the individual using a computer?
`A Correct.
` Q Okay. So just to be clear, is it your
`opinion that if a user selects the files that are
`linked in a profile, that those selections
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`CSI GLOBAL DEPOSITION SERVICES
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`Google Ex. 1014, pg 17
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`constitute user preferences, and, therefore, those
`selections constitute user-specific information
`relating to the individual using the computer?
`A I wouldn't -- I wouldn't characterize the
`contents of the portfolio as a user preference.
` Q I didn't ask about a portfolio.
` MR. ROSENTHAL: Could I see the
`testimony? Bear with me for a second.
` (Referencing previous deposition on 8/20/14 -
` morning deposition.)
` Q Let me ask you this question: If a
`profile is individualized in the sense that the
`selection of the links to be included in the profile
`is done in accordance with the user's preferences,
`then that profile would include user-specific
`information relating to the user using the computer,
`correct?
`A One more time.
` Q Sure.
` If the profile is individualized in the
`sense that the selection of the links to be included
`in the profile is done in accordance with the user's
`preferences, then that profile would include
`user-specific information, correct?
`A The link -- the last part of the question is
`
`CSI GLOBAL DEPOSITION SERVICES
`972-719-5000
`
`Google Ex. 1014, pg 18
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`
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`CORY PLOCK (FOLEY REFERENCE)
`August 20, 2014
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`the link would what?
` Q The profile would include user-specific
`information.
`A I suppose if it's a preference, if it is, in
`fact, a user preference, then yes.
` Q Okay. Do you agree that the project
`files that are selected for inclusion in a portfolio
`within Foley are selected by the user?
`A I believe that the project files that are
`included in a portfolio are selected by a user, or
`potentially multiple users.
` Q Do you agree that the creator of a
`portfolio can specify which projects to include in
`that portfolio?
`A Question one more time.
` Q Sure. Do you agree that the creator of
`a portfolio can specify which projects to include in
`that portfolio?
`A I would agree with that, and go further to
`say that others may also specify what projects to
`add to a portfolio.
` Q And if -- do you also understand that
`the creator of a portfolio can keep it private?
`A Sitting here today, I don't -- I can't
`confirm or dispute that assertion. I would have to
`
`CSI GLOBAL DEPOSITION SERVICES
`972-719-5000
`
`Google Ex. 1014, pg 19
`
`
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`CORY PLOCK (FOLEY REFERENCE)
`August 20, 2014
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`review the specification again to answer that.
` Q Sure. Can you turn to column 8 of the
`Foley reference, please?
`A Column 8.
` Q Starting actually at the bottom of
`column 7, it's describing a user's ability to
`"create a new portfolio by selecting the portfolio
`manager's 'Create' option and then entering the name
`of the portfolio to be created."
` Do you see that?
`A Yes, I see that.
` Q So you understand that a user of the
`JWS system has the ability to create a new
`portfolio, correct?
`A Yes.
` Q And to assign that portfolio a name of
`that user's choosing, correct?
`A Can you repeat that last part?
` Q Sure.
`A Repeat the whole thing, if you will.
` Q No problem.
` The system also allows that user, who
`has created the portfolio, to also give a name to
`the portfolio, correct?
`A Yes.
`
`CSI GLOBAL DEPOSITION SERVICES
`972-719-5000
`
`Google Ex. 1014, pg 20
`
`
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`CORY PLOCK (FOLEY REFERENCE)
`August 20, 2014
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` Q And then it says, I'm skipping a
`sentence, starting at line 6 now, "The newly-created
`portfolio has no projects, but the user can add
`projects in the Project->Create submenu or import
`existing projects into the portfolio with the
`Project->Import menu item."
` Do you see that?
` I paraphrased a little bit, but do you
`see that passage?
`A Yes, I see that.
` Q Okay. So do you understand that the
`creator of the portfolio can add new projects or
`import existing projects into a portfolio after that
`user has named the portfolio?
`A Yes.
` Q And then on line 11 it says, "Once the
`new portfolio has been created, its creator can keep
`it private or can publish it on the Internet to be
`accessed by others."
` Do you see that?
`A Yes, I see that.
` Q So do you now remember that a creator
`of a portfolio can choose to keep it private?
`A Do I recall the question? Yes.
` Q Is your recollection refreshed that, in
`
`CSI GLOBAL DEPOSITION SERVICES
`972-719-5000
`
`Google Ex. 1014, pg 21
`
`
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`CORY PLOCK (FOLEY REFERENCE)
`August 20, 2014
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`fact, a user can keep a portfolio private?
`A Yes.
` Q Okay. So if a creator of a portfolio
`names the portfolio, selects the projects to be
`included in that portfolio, and keeps that portfolio
`private, in that scenario, would you agree that the
`portfolio file contains the user's selections of
`which projects to include?
`A I agree that it contains the projects that
`the user previously added.
` Q Okay. And those projects were selected
`by the user that created the portfolio in this
`particular scenario, correct?
`A In this specific scenario, yes.
` Q Okay. And so they reflect the user's
`preferences with respect to which project file
`should be included, correct?
`A I would not characterize it as a preference.
`I think preference is a personal, you know,
`something that tells one about the user himself. I
`think that this invention was disclosed as a system
`for facilitating software development, and that the
`projects in question are created and added to the
`portfolio out of necessity, not out of preference.
` Q Is it your understanding that the term
`
`CSI GLOBAL DEPOSITION SERVICES
`972-719-5000
`
`Google Ex. 1014, pg 22
`
`
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`CORY PLOCK (FOLEY REFERENCE)
`August 20, 2014
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`"user profile", as construed by the Board, requires
`that the user-specific information tells something
`about the user?
`A Can you repeat the question?
` Q Sure. Is it your understanding that
`the term "user profile", as construed by the Board,
`requires that the user-specific information say
`something about the user?
` MR. WEINBERG: Objection. Vague.
`A So based on what you have handed me here --
` Q You're talking about the institution
`decision?
`A The institution decision. I see "profile"
`has been construed here. So I do not see any
`construction for "user profile", which I believe is
`what we're talking about here.
` So with that in mind, can you repeat your
`question?
` Q Sure. And maybe I'll ask a different
`question.
` Rather than relying on what the Board
`said, let's rely on what you said.
` In paragraph 20 of your declaration,
`you said, "I have been asked to assume that a 'user
`profile' is user-specific information relating to
`
`CSI GLOBAL DEPOSITION SERVICES
`972-719-5000
`
`Google Ex. 1014, pg 23
`
`
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`CORY PLOCK (FOLEY REFERENCE)
`August 20, 2014
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`the individual using a computer."
` In your application of that
`construction --
`A Uh-huh.
` Q -- did you require that that
`user-specific information actually tell something
`about the user?
` MR. WEINBERG: Vague.
`A I would say that the information has to
`relate to the user. I don't know what you mean by
`"tell". I might have used that word myself. I was
`speaking in somewhat of a level of abstraction, but
`the information would have to relate to the user.
` Q Let me come at this a different angle.
` You testified that a creator of a
`portfolio can select projects to include in that
`portfolio.
` Do you remember that?
`A Yes.
` Q When the portfolio creator does that,
`the portfolio file will then include links or
`references to the project files that have been
`selected, correct?
`A Yes.
` Q We saw that depicted in Figure 5, for
`
`CSI GLOBAL DEPOSITION SERVICES
`972-719-5000
`
`Google Ex. 1014, pg 24
`
`
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`CORY PLOCK (FOLEY REFERENCE)
`August 20, 2014
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`example?
`A Yes.
` Q Are those links links to file and
`information resources accessible via either the
`network or the internet?
`A Yes.
` Q And are those project files that are
`included in the portfolio file selected by the user?
`A Well, in general, it's selected by a user.
`Okay.
` Q Can a creator of a portfolio also
`create his or her own project, a new project to add
`to the portfolio?
`A I believe that a user can create a project
`and add that project later to the portfolio.
` Q When a user is actually working with a
`newly-created portfolio, is it true that when the
`project -- when the user creates a project, it
`becomes the current project in the current
`portfolio?
`A Can you ask your question again?
` Q Sure. When a user is working with a
`portfolio that he or she has created --
`A Uh-huh.
` Q -- then the user creates a new project,
`
`CSI GLOBAL DEPOSITION SERVICES
`972-719-5000
`
`Google Ex. 1014, pg 25
`
`
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`CORY PLOCK (FOLEY REFERENCE)
`August 20, 2014
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`that project becomes the current project in the
`current portfolio, correct?
`A That may be correct. I would have to confirm
`with a specification.
` Q Can you turn to column 9, please? Line
`8. This is referring to various project options.
`It says, "These methods allow a user to work with
`existing projects (local or remote) or create new
`projects. In either case, projects always exist in
`the context of a portfolio. When a project is
`created, it becomes the current project in the
`current portfolio."
` Do you see that?
`A Yes, I see that.
` Q So does that refresh your memory that
`when a user creates a portfolio, and then creates a
`new project, that that project becomes the current
`project in the current portfolio?
`A Yes.
` Q And does the inclusion of that
`newly-created project reflect user preferences?
`A I don't -- I wouldn't call that a preference,
`as I said before.
` Q Okay. Bear with me for a moment,
`please? Okay.
`
`CSI GLOBAL DEPOSITION SERVICES
`972-719-5000
`
`Google Ex. 1014, pg 26
`
`
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`CORY PLOCK (FOLEY REFERENCE)
`August 20, 2014
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` I want to move to your -- unless.
` MR. ROSENTHAL: Do you have anything?
` (To Mr. Zhu.)
` Q I'm going on move to the next opinion
`that you have, which starts on paragraph 31.
` Here you discuss the JWS program and
`JWS browser, and you say you've "been asked to opine
`on whether these are considered related program
`modules."
`A Yes.
` Q What is a program module?
`A Program module is one or more related program
`components.
` Q What is a program component?
`A A program component is a set of instructions
`stored in a file in a computer-readable format,
`whether as code or source code, and whether written
`in a compiled language in byte code, such as JAVA,
`or in a scripting or other interpreted language.
` Q Does the JWS program in Foley meet the
`definition of a program module?
`A Repeat.
` Q Sure.
`A Please.
` Q Does the JWS program in Foley meet the
`
`CSI GLOBAL DEPOSITION SERVICES
`972-719-5000
`
`Google Ex. 1014, pg 27
`
`
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`CORY PLOCK (FOLEY REFERENCE)
`August 20, 2014
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`definition of program module?
`A I would say that it does.
` Q Does the JWS browser in Foley meet the
`definition of program module?
`A Are you talking singular, specifically,
`program module? One module?
` Q Sure. Does the JWS browser meet the
`definition of program module?
`A So I -- sitting here right now, I don't know
`if it's a single or plurality. I don't have -- I
`would have to study the specification a little more
`before I can answer that definitively.
` Q Okay. Well, you haven't opined that
`the JWS browser is not a program module, right?
`A I have not opined that it isn't a program
`module, but what I'm saying now is that I would need
`more time to consider whether it's one or more than
`one program module.
` Q Understood.
` I understand your opinion on this
`subject to be confined to the following: That the
`JAVA -- I'm sorry, that the JWS program and the JWS
`browser are not related, such that they would
`together constitute a program.
` Is that correct?
`
`CSI GLOBAL DEPOSITION SERVICES
`972-719-5000
`
`Google Ex. 1014, pg 28
`
`
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`CORY PLOCK (FOLEY REFERENCE)
`August 20, 2014
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`A Can you repeat one more time, please?
` Q Sure. I understand your opinion as
`expressed in this Section C to be confined to the
`JWS program and the JWS browser are not related,
`such that they would constitute a program.
`A So I opined that they are not related such
`that, together they would not constitute the same
`program.
` Q Understood.
` They would not, together, constitute
`the definition of a program as set forth in this
`patent, correct?
`A Correct.
` Q Okay.
` MR. WEINBERG: By "this patent", you're
`referring to the '290 patent.
` MR. ROSENTHAL: I am. Thank you, Dan.
`BY MR. ROSENTHAL:
` Q In order for two program modules to be
`related, is it your opinion that they must p
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