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`UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
` ____________________________
` GEA PROCESS ENGINEERING, INC.
` Petitioner
` v.
` STEUBEN FOODS, INC.
` Patent Owner
` _____________________________
` Case IPR2014-00041
` U.S. Patent No. 6,945,013
` Case IPR2014-00043
` U.S. Patent No. 6,475,435
` Case IPR2014-00051
` U.S. Patent No. 6,209,591
` Case IPR2014-00054
` U.S. Patent No. 6,481,468
` Case IPR2014-00055
` U.S. Patent No. 6,537,188
` _____________________________
` DEPOSITION OF DR. ANDRE SHARON
` Alexandria, Virginia
` July 8, 2014
`Reported by: Mary Ann Payonk
`Job No. 80916
`
`TSG Reporting - Worldwide - 877-702-9580
`
`IPR2014-00055
`Steuben Exhibit 2071, pg. 1
`
`
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`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
` ____________________________
` GEA PROCESS ENGINEERING, INC.
` Petitioner
` v.
` STEUBEN FOODS, INC.
` Patent Owner
` _____________________________
` Case IPR2014-00041
` U.S. Patent No. 6,945,013
` Case IPR2014-00043
` U.S. Patent No. 6,475,435
` Case IPR2014-00051
` U.S. Patent No. 6,209,591
` Case IPR2014-00054
` U.S. Patent No. 6,481,468
` Case IPR2014-00055
` U.S. Patent No. 6,537,188
` _____________________________
` DEPOSITION OF DR. ANDRE SHARON
` Alexandria, Virginia
` July 8, 2014
`Reported by: Mary Ann Payonk
`Job No. 80916
`
`TSG Reporting - Worldwide - 877-702-9580
`
`IPR2014-00055
`Steuben Exhibit 2071, pg. 1
`
`
`
`Page 2
`
` July 8, 2014
` 9:00 a.m.
`
` Deposition of DR. ANDRE SHARON, held at
`the offices of Oblon Spivak McClelland Maier & Neustadt,
`1940 Duke Street, Alexandria, Virginia, pursuant to
`Notice before Mary Ann Payonk, Nationally Certified
`Realtime Reporter and Notary Public of the District of
`Columbia, Commonwealth of Virginia, States of
`Maryland and New York.
`
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`IPR2014-00055
`Steuben Exhibit 2071, pg. 2
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`Page 3
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` APPEARANCES:
` ON BEHALF OF PETITIONER:
` BENJAMIN KIERSZ
` WILLIAM ATKINS
` MICHAEL HEINS
` PILLSBURY WINTHROP SHAW PITTMAN
` 1650 Tysons Boulevard
` McLean, VA 22102
`
` ON BEHALF OF PATENT OWNER:
` MICHAEL KIKLIS
` GREG GARDELLA (By phone)
` OBLON SPIVAK McCLELLAND MAIER &
` NEUSTADT
` 1940 Duke Street
` Alexandria, VA 22314
`
` ALSO PRESENT:
` Cook Alciati
` Corporate Counsel, Steuben
` Charles M. Avigliano
` Corporate Counsel, Steuben
` Jordan Mummert, Legal Video Specialist
`
`TSG Reporting - Worldwide - 877-702-9580
`
`IPR2014-00055
`Steuben Exhibit 2071, pg. 3
`
`
`
`Page 4
`
` A. Sharon
` THE VIDEOGRAPHER: This is the
` start of the tape labeled number 1 of
` the videotaped deposition of Dr. Andre
` Sharon in the matter GEA Process
` Engineering versus Steuben Foods.
` This deposition is taking place at
` 1940 Duke Street, Alexandria, Virginia,
` on July 8, 2014, at approximately
` 9:10 a.m.
` My name is Jordan Mummert from
` TSG Reporting, Inc. I'm the legal video
` specialist.
` The court reporter is Mary Ann
` Payonk, in association with
` TSG Reporting.
` Will the counsel please introduce
` yourselves?
` (Whereupon, counsel placed their
` appearances on the video record.)
` THE VIDEOGRAPHER: The reporter may
` swear the witness.
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`TSG Reporting - Worldwide - 877-702-9580
`
`IPR2014-00055
`Steuben Exhibit 2071, pg. 4
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`
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`Page 5
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` A. Sharon
` ANDRE SHARON, Ph.D.,
` called as a witness, having been duly
` sworn, was examined and testified as
` follows:
` EXAMINATION
` BY MR. KIERSZ:
` Q. Good morning, Dr. Sharon.
` A. Good morning.
` Q. Have you ever been deposed before?
` A. Yes, I have.
` Q. How many times?
` A. Approximately a half dozen times.
` Q. Okay. Were you a fact witness or an
` expert witness in those depositions?
` A. I was an expert witness.
` Q. In all six of those?
` A. In the depositions that I was deposed
` relating to patents, patent disputes, I was an
` expert witness.
` Q. How many of those were there?
` A. I don't recall the exact number, but
` I believe approximately half dozen.
` Q. So I'd like to go through each of
` those about half dozen.
`
`TSG Reporting - Worldwide - 877-702-9580
`
`IPR2014-00055
`Steuben Exhibit 2071, pg. 5
`
`
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`Page 6
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` A. Sharon
` What was the field of technology for
` each of them?
` A. Well, there were two major cases, and
` they involved a number of suits and different
` parties, so these two technologies. One
` technology related to slide stainers and the
` other technology related to DNA array
` fabrication.
` Q. Did you provide expert reports in
` each of those cases?
` A. Yes, I have.
` Q. And did those cases go to trial?
` A. One of them did.
` Q. And did you testify at trial?
` A. I did.
` Q. Did the Court qualify you as an
` expert?
` A. They allowed me to testify, so I
` assume they did.
` Q. What expertise did the Court qualify
` you as an expert?
` A. I don't know how to answer that. I
` don't know the legal aspects of how they
` qualified me.
`
`TSG Reporting - Worldwide - 877-702-9580
`
`IPR2014-00055
`Steuben Exhibit 2071, pg. 6
`
`
`
`Page 7
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` A. Sharon
` Q. In preparing the expert report in the
` case in which you testified, what was the basis
` of your expertise in your report in that case?
` A. It was machine design.
` Q. And the machines being designed in
` those cases were -- one was a slide stainer and
` another one was a DNA array --
` A. Fabricator.
` Q. -- fabricator.
` And all six of the depositions were
` in -- among those two cases?
` A. I believe that is correct.
` Q. Do you remember the names of the
` parties in those cases?
` A. The party relating to the slide
` stainer was Ventana Medical, and the party
` relating to the DNA array fabricator was
` Affymetrix.
` Q. Do you remember who the opposing
` parties were?
` A. For the Affymetrix case, it was
` Illumina, and for the Ventana Medical, there
` were several parties. One that I recall was
` Cytologics.
`
`TSG Reporting - Worldwide - 877-702-9580
`
`IPR2014-00055
`Steuben Exhibit 2071, pg. 7
`
`
`
`Page 8
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` A. Sharon
` Q. Have you provided any deposition
` testimony in cases other than those two cases?
` A. Yes. I've provided deposition
` testimony in one other case.
` Q. What was that one other case about?
` A. It was a civil corporate case.
` Q. Were you a fact witness in that case?
` A. Yes, I was.
` Q. What was your relationship to the
` proceeding in that case?
` A. I was the founder of the company.
` Q. What was the company's name?
` A. Casaria.
` Q. And what was in a dispute about?
` A. It involved hiring -- hiring
` engineers from another company.
` Q. Was Casaria the defendant in that
` case?
` A. Yes, it was.
` Q. And what was the allegation from the
` plaintiff?
` A. I don't recall the legal allegation,
` but it related to -- I guess you'd call it
` predatory hiring or something like that.
`
`TSG Reporting - Worldwide - 877-702-9580
`
`IPR2014-00055
`Steuben Exhibit 2071, pg. 8
`
`
`
`Page 9
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` A. Sharon
` Q. What was the result of that
` litigation?
` A. I believe the case was settled.
` Q. Have you provided expert reports in
` any cases other than the ones that we've
` already discussed?
` A. I don't believe so.
` Q. In the case that went to trial, was
` that the slide stainer case or the DNA
` fabrication case?
` A. The slide stainer case.
` Q. What was the outcome of the trial?
` A. Well, that -- the particular -- I
` believe there were several trials, but the
` particular trial that I was involved with dealt
` with damages.
` Q. So you provided expert testimony
` relevant to damages?
` A. I provided expert testimony relating
` to available machine design-arounds.
` Q. All right. So to summarize, you've
` provided expert reports in two cases, one that
` related to slide stainers and another that
` related to DNA array fabrication machines. And
`
`TSG Reporting - Worldwide - 877-702-9580
`
`IPR2014-00055
`Steuben Exhibit 2071, pg. 9
`
`
`
`Page 10
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` A. Sharon
` in one of those cases, the litigation went to
` trial and you testified at trial about slide
` stainers; correct?
` A. Except that when you say "two cases,"
` they may have been in separate cases involving
` the same --
` Q. Oh, in multiple cases?
` A. Yes.
` Q. Involving the same parties?
` A. Right. I can't recall how many,
` but --
` Q. Did you testify in just one of the
` litigations in court?
` A. Just one.
` Q. Just once?
` A. Yes, just once.
` Q. So there were two disputes that among
` those there were six different litigations?
` A. No.
` Q. Or no?
` A. There were -- there were two major
` technologies and each one of those had -- well,
` actually, I believe, to the best of my
` recollection, the Affymetrix case was only with
`
`TSG Reporting - Worldwide - 877-702-9580
`
`IPR2014-00055
`Steuben Exhibit 2071, pg. 10
`
`
`
`Page 11
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` A. Sharon
` Illumina, so there was only one party and I was
` involved in that case. The Ventana Medical, I
` believe there were a few different cases
` surrounding that technology in Ventana Medical.
` Q. What is a slide stainer?
` A. A slide stainer is a machine that
` they use in hospital and pathology labs to
` determine if biopsies are cancerous.
` Q. So the slides -- we're talking about
` the slides that you would put under a
` microscope?
` A. Yes, correct.
` Q. So it's to stain the material being
` explored through microscope?
` A. Correct.
` Q. What is a DNA array fabricator?
` A. A DNA array fabricator is a machine
` that fabricates an array of different DNA
` sequences which can then be used in -- well,
` can be used for various applications, including
` genomics and medical diagnostics and so forth.
` Q. In connection with any of your
` previous expert work, did you work with the
` Oblon firm?
`
`TSG Reporting - Worldwide - 877-702-9580
`
`IPR2014-00055
`Steuben Exhibit 2071, pg. 11
`
`
`
`Page 12
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` A. Sharon
` A. No, I have not.
` Q. In connection with any of your
` previous expert work, have you worked with the
` Hiscock firm?
` A. The which firm?
` Q. Hiscock.
` A. I don't believe I have.
` Q. Have you ever done any work with --
` for Steuben Foods prior to this engagement?
` A. No, I have not.
` Q. Have you ever worked with Oblon
` before?
` A. No, I have not.
` Q. I'd just like to start off by going
` through a couple standard questions that I'm
` sure you've heard before.
` If a question is unclear, can I ask
` you to ask me to clarify it?
` A. Yes.
` Q. If you need more information to
` answer a question, will you please tell me?
` A. I will.
` Q. If I use a term that you don't know,
` can you please tell me?
`
`TSG Reporting - Worldwide - 877-702-9580
`
`IPR2014-00055
`Steuben Exhibit 2071, pg. 12
`
`
`
`Page 13
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` A. Sharon
` A. Okay.
` Q. If you only give me a partial answer,
` will you then tell me that it is just a partial
` answer?
` A. I will.
` Q. Do you have any hesitation in
` answering truthfully or honestly today?
` A. No, I don't.
` Q. Do you have any health condition or
` medication that might impair your ability to
` answer questions fully and truthfully today?
` A. Not that I'm aware of.
` Q. If there's an error in any of your
` testimony today, will you tell me?
` A. Yes, I will.
` Q. Do you understand that I'm here to
` ask you questions because Steuben is relying on
` your declaration in connection with five
` U.S. Patent and Trademark Office inter partes
` review proceedings?
` A. I understand.
` Q. I see that you have a document in
` front of you. May I ask what that document is?
` A. That is my declaration.
`
`TSG Reporting - Worldwide - 877-702-9580
`
`IPR2014-00055
`Steuben Exhibit 2071, pg. 13
`
`
`
`Page 14
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` A. Sharon
` Q. All right. So that's the declaration
` that was filed in these five IPR proceedings?
` A. I believe so, yes.
` Q. Are you aware of any misstatements or
` inaccuracies in your declaration?
` A. Just minor. Just a minor pagination
` mistake. I believe on page 12 where I say page
` E56, that was page 56, not E56.
` Q. Okay.
` A. At the bottom of paragraph 15.
` Q. "Chambers at page E56" should just be
` "Chambers at page 56"?
` A. Yes, I believe that is correct.
` And then I just noticed a pagination
` going from page 1 to page 6. I don't know what
` that is. Must have been a printing error or
` something, but that's it.
` Q. Is it possible that pages 2 through 5
` were the captions from different IPR
` proceedings?
` A. Possible. I don't know.
` Q. All right. Do you recall when -- are
` there any notes or marginalia in the
` declaration that you have?
`
`TSG Reporting - Worldwide - 877-702-9580
`
`IPR2014-00055
`Steuben Exhibit 2071, pg. 14
`
`
`
`Page 15
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` A. Sharon
` A. No.
` Q. Is there an exhibit label at the
` lower right-hand side of that declaration?
` A. I just -- there is.
` Q. Does it say Steuben Exhibit 2025?
` A. Yes, it does.
` Q. And then below that, it says
` IPR2014-00041.
` A. Yes.
` Q. How much time did you spend preparing
` your declaration?
` A. I would say approximately 40 to 50
` hours on the declaration.
` Q. When did you spend that time?
` A. During -- for the declaration, during
` May.
` Q. Was it the beginning of May? Toward
` the end of May?
` A. I believe I began working on it
` towards the early part of May and concluded on
` May 23rd.
` Q. Was it continuous, full-time work or
` did you sort of work sporadically to -- over
` the course of May to develop your declaration?
`
`TSG Reporting - Worldwide - 877-702-9580
`
`IPR2014-00055
`Steuben Exhibit 2071, pg. 15
`
`
`
`Page 16
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` A. Sharon
` A. No, it was not -- it was not
` full-time.
` Q. How were you paid for your -- for the
` time you spent preparing your declaration?
` A. By check.
` Q. I'm sorry. Did you work on an hourly
` basis? On a fixed-fee arrangement?
` A. No, I worked on an hourly basis.
` Q. What was your hourly rate?
` A. 500 an hour.
` Q. Did you speak with anyone in the
` course of your preparation of your declaration?
` A. Yes.
` Q. Who?
` A. I assume relating to the case. Or in
` general?
` Q. Yes, relating to your declaration.
` MR. KIKLIS: I'm going to caution
` the witness that you can identify the
` individuals but not any communication.
` A. I had some discussions with Cook from
` Steuben, and I believe had some discussions
` with Greg Gardella. And I believe Charlie may
` have been on the line as well. Not 100 percent
`
`TSG Reporting - Worldwide - 877-702-9580
`
`IPR2014-00055
`Steuben Exhibit 2071, pg. 16
`
`
`
`Page 17
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` A. Sharon
` sure.
` Q. In the course of the preparation of
` your declaration did you speak with anybody
` other than Cook Alciati, Greg Gardella and
` possibly Charlie Avigliano?
` A. I do not recall if, during conference
` call discussions, if there were any other
` parties on the line, but as far as I recall, it
` was those three.
` Q. Were those discussions in person?
` A. Some discussions were in person.
` Q. Were other discussions over the
` phone?
` A. Yes.
` Q. Did you correspond with these
` individuals through any other medium?
` A. We had some email correspondence.
` Q. Does your declaration rely on any
` information that these individuals provided to
` you during the course of your preparation of
` the declaration?
` A. It relies on references that these
` individuals gave to me, and on my expertise and
` experience.
`
`TSG Reporting - Worldwide - 877-702-9580
`
`IPR2014-00055
`Steuben Exhibit 2071, pg. 17
`
`
`
`Page 18
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` A. Sharon
` Q. Are all of the references that you
` just mentioned cited in your declaration?
` A. Yes, they are.
` Q. So you haven't relied on any other
` reference other than the references cited in
` your declaration and your general -- your own
` personal experience?
` MR. KIKLIS: Objection, form.
` A. I don't recall specifically, but I
` may have -- well, I read -- I may have read
` some other documents for background, but
` which -- just for background information.
` Q. Background on --
` A. That are not listed in my
` declaration.
` Q. But you relied upon those documents
` in helping to prepare your declaration?
` A. No. In fact, those documents that I
` read for background actually were, I believe,
` after I had finished writing my declaration so
` I did not rely on them for the declaration.
` Q. Okay. So your declaration does cite
` every reference that you rely on to form the
` opinions in your declaration.
`
`TSG Reporting - Worldwide - 877-702-9580
`
`IPR2014-00055
`Steuben Exhibit 2071, pg. 18
`
`
`
`Page 19
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` A. Sharon
` A. I believe that is correct.
` Q. In the preparation of your
` declaration, did you have any communications
` with anybody other than the individuals that
` you've already mentioned?
` MR. KIKLIS: Objection, form.
` A. I don't believe I have.
` Q. Have you ever had any communications
` with Mr. Taggart?
` A. No, I've not.
` Q. Have you ever had any communications
` with a Dr. Norbert Buchner?
` A. No, I have not.
` Q. Have you ever had any communications
` with Dr. Sudhir Sastry?
` A. No, I have not.
` Q. Do you know who Dr. Sastry is?
` A. Yes, I do.
` Q. How do you know who he is?
` A. I was told by the attorneys.
` MR. KIKLIS: I instruct you not to
` answer that. And I'm going to caution
` you. Any communication from the
` attorneys in this case should not be
`
`TSG Reporting - Worldwide - 877-702-9580
`
`IPR2014-00055
`Steuben Exhibit 2071, pg. 19
`
`
`
`Page 20
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` A. Sharon
` included as part of your answer here.
` So if you're asked a question that would
` include a communication from the
` attorney, then just let me know and
` you're going to be instructed not to
` answer that question. Okay?
` THE WITNESS: Okay.
` Q. Do you know who Dr. Norbert Buchner
` is?
` A. Yes, I -- I assume it's -- you're
` referring to Buchner, but -- well, I've read
` the reference.
` Q. Okay. Have you ever visited any
` Steuben facility?
` A. No, I've not.
` Q. In preparing your declaration, did
` you rely on any assertions by others?
` A. Can you tell me what you mean by
` "assertion"?
` Q. As an assumption that you worked from
` in preparing the opinions in your declaration.
` A. I don't believe I have.
` Q. Can I have you turn to the last page
` of your declaration?
`
`TSG Reporting - Worldwide - 877-702-9580
`
`IPR2014-00055
`Steuben Exhibit 2071, pg. 20
`
`
`
`Page 21
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` A. Sharon
` MR. KIKLIS: Can I get a copy?
` MR. KIERSZ: All right. I just
` want to make sure that it's the exact
` document that I have.
` MR. KIKLIS: Do you want to work
` off my copy?
` MR. KIERSZ: Yeah, let's work off
` my copy. It should be identical, just
` to be sure.
` Q. You're at the last page, which is
` page 24 of your declaration.
` A. Yes.
` Q. Is that your signature?
` A. Yes, it is.
` Q. How did you sign this declaration?
` A. I have an electronic signature on my
` computer that I scanned and then I pasted it
` into here from my computer.
` Q. So you personally pasted your
` electronic signature into this document?
` A. That is correct.
` Q. I think we touched on this before,
` but you don't recall what was on pages 2
` through 5 of this declaration?
`
`TSG Reporting - Worldwide - 877-702-9580
`
`IPR2014-00055
`Steuben Exhibit 2071, pg. 21
`
`
`
`Page 22
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` A. Sharon
` A. No, I do not.
` Q. Were there pages 2 through 5 when you
` signed it?
` A. I don't recall.
` Q. Is this the only declaration that you
` signed in connection with these Patent Office
` proceedings?
` A. I believe, yes.
` Q. How much time did you spend preparing
` for this deposition?
` A. Well, depends what you mean by
` preparing for the deposition. Do you -- you
` know, do you include the writing of the
` declaration in that, or --
` Q. Let me just ask you about the time
` spent since May 23rd, so that's after you
` signed that declaration. How much time have
` you spent on preparing for the deposition?
` A. Maybe an additional 15 to 20 hours.
` Q. Over the course of how many days was
` that time spent?
` A. I don't recall exactly how many days,
` but it was probably the -- between the latter
` part of June and now.
`
`TSG Reporting - Worldwide - 877-702-9580
`
`IPR2014-00055
`Steuben Exhibit 2071, pg. 22
`
`
`
`Page 23
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`
` A. Sharon
` Q. In the course of your preparation for
` this deposition, did you have communications
` with anyone?
` A. Yes, I have.
` Q. Who?
` A. With the attorneys.
` Q. Which attorneys?
` A. With --
` THE WITNESS: Am I allowed to
` answer that?
` MR. KIKLIS: You can identify the
` people, the individuals, but not any
` communications between them.
` THE WITNESS: Okay.
` A. So with Cook and Charlie from
` Steuben, with Greg Gardella, and with Mike.
` And I forget the -- there's another gentleman
` that I don't recall his name, one of the
` attorneys for Oblon.
` Q. Could it be Kevin or Tom?
` A. Kevin.
` Q. Okay. Anybody else?
` A. I don't believe so.
` Q. How did you have communication --
`
`TSG Reporting - Worldwide - 877-702-9580
`
`IPR2014-00055
`Steuben Exhibit 2071, pg. 23
`
`
`
`Page 24
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` A. Sharon
` what type of communications did you have with
` them? In this question, I'm asking was it
` telephonic, by email, in person?
` A. It was telephonic and in person.
` Q. When was that?
` A. Telephonic, I don't recall the exact
` day. In person was yesterday.
` Q. Were there any other in-person
` meetings other than yesterday in connection
` with the preparation for this deposition since
` May 23rd?
` A. No, there wasn't. Don't believe
` there was.
` Q. Do you know that Dr. Sastry's
` deposition was previously taken in connection
` with these Patent Office proceedings?
` A. I am aware of that.
` Q. Do you have any knowledge about the
` testimony that Dr. Sastry gave during his
` deposition?
` A. No, I do not.
` Q. Outside of these Patent Office
` proceedings, do you know who Mr. Spinak is?
` A. Only what I read in the proceedings.
`
`TSG Reporting - Worldwide - 877-702-9580
`
`IPR2014-00055
`Steuben Exhibit 2071, pg. 24
`
`
`
`Page 25
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`
` A. Sharon
` Q. So prior to these proceedings, you
` didn't know who Mr. Spinak was?
` A. That is correct.
` Q. Is it okay if I refer to the five
` patents that are the subject of these
` proceedings as the Taggart patents?
` A. That is okay with me.
` Q. Okay. I believe you referred to them
` as the Taggart patents as well, so we will both
` understand that's what I mean if I say "Taggart
` patents."
` When did you first become aware that
` Mr. Taggart had applied for or received any of
` the Taggart patents?
` A. When I was contacted by the
` attorneys.
` Q. When was that?
` A. It was sometime during May, I
` believe.
` Q. That's May of 2014?
` A. Yes.
` Q. Can you please turn to paragraph 3 of
` your declaration? And this is Exhibit 2025.
` The first sentence states that in
`
`TSG Reporting - Worldwide - 877-702-9580
`
`IPR2014-00055
`Steuben Exhibit 2071, pg. 25
`
`
`
`Page 26
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`
` A. Sharon
` 1998, you joined Boston University as the
` executive director of the Fraunhofer Center for
` Manufacturing Innovation. Were you affiliated
` in any way with Fraunhofer before then?
` A. No, I was not affiliated.
` Q. What's the relationship between
` Boston University and Fraunhofer?
` A. It's a technology collaboration.
` Fraunhofer Center shares IP with Boston
` University. Boston University gives Fraunhofer
` space on campus. Fraunhofer employs Boston
` University students, also interns. So it's a
` technology collaboration but separate legal
` entities.
` Q. And to this day, you're the executive
` director of the Fraunhofer Center for
` Manufacturing Innovation?
` A. That is correct.
` Q. Is that a full-time job?
` A. Well, my full job is I'm a professor
` of mechanical engineering and the executive
` director of the Fraunhofer Center for
` Manufacturing Innovation so I do both jobs.
` They're very intermingled. It's a little
`
`TSG Reporting - Worldwide - 877-702-9580
`
`IPR2014-00055
`Steuben Exhibit 2071, pg. 26
`
`
`
`Page 27
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` A. Sharon
` difficult to say, you know, exactly what
` percent I work on which aspect, but --
` Q. Can you give me a rough idea of what
` portion of your time is spent with Fraunhofer
` as opposed to spent as a professor at BU?
` A. Well, it's very difficult to say
` because the Fraunhofer is an organization that
` is doing research that Boston University is
` involved in. We have joint projects. So the
` activities of the Fraunhofer Center you could
` say are also activities within Boston
` University, so it's a little hard to
` differentiate. But I can tell you in theory,
` it's supposed to be 50/50.
` Q. What about your day-to-day
` responsibilities as the executive director?
` A. Of the Fraunhofer?
` Q. Of Fraunhofer. Fraunhofer Center for
` Manufacturing Innovation.
` A. Yes. So I run the center. I get
` involved in -- so there's the administrative
` aspects of running the center. I do some
` sales, although we have one dedicated
` salesperson for that. What I do mostly is
`
`TSG Reporting - Worldwide - 877-702-9580
`
`IPR2014-00055
`Steuben Exhibit 2071, pg. 27
`
`
`
`Page 28
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` A. Sharon
` provide the intellectual and technological
` leadership in developing automation equipment
` and instruments and machines for customers,
` which is what our center does.
` Q. So you actually engage in the
` specific engineering done by Fraunhofer?
` A. Yes, I do.
` Q. What are your activities in
` connection with sales? What does that activity
` involve?
` A. It involves sales, meaning trying to
` get customers to give us projects.
` Q. Do you have an engineering staff
` under you at Fraunhofer Center for
` Manufacturing Innovation?
` A. Yes, I do.
` Q. How many full-time equivalent
` employees as engineers do you have under you?
` A. Engineers and scientists, at the
` moment, I believe we have 15 to 17,
` somewhere -- say 15 to 20.
` Q. Are you an expert in aseptic
` processing of foodstuffs?
` A. Well, aseptic packaging of foodstuff
`
`TSG Reporting - Worldwide - 877-702-9580
`
`IPR2014-00055
`Steuben Exhibit 2071, pg. 28
`
`
`
`Page 29
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`
` A. Sharon
` involves several disciplines, at the core of
` which is mechanical engineering, which is --
` and I'm certainly an expert in that. But it
` also involves input from biologists and food
` processing engineers. It's an
` interdisciplinary activity. I'm an expert on
` the mechanical engineering aspects and the
` machine design aspects.
` Q. But you're not an expert in aseptic
` processing of foodstuffs?
` A. As I mentioned, aseptic processing of
` foodstuff is an interdisciplinary activity. It
` requires several disciplines. And at the core,
` the central core of that activity is mechanical
` engineering, which is what I am an expert in.
` Q. All right. So I understand you
` represent you're an expert in mechanical
` engineering. Do you represent yourself as an
` expert in aseptic processing of foodstuffs?
` A. I represent myself as an expert in
` the core technology, in developing processing
` equipment such -- that includes -- of which, I
` should say, of which aseptic food packaging is
` one such technology. I'm not an expert in the
`
`TSG Reporting - Worldwide - 877-702-9580
`
`IPR2014-00055
`Steuben Exhibit 2071, pg. 29
`
`
`
`Page 30
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` A. Sharon
` sterility aspects of aseptic engineering or
` aseptic, sorry, food packaging.
` Q. Do you have any personal experience
` with aseptic processing of foodstuffs?
` A. Again, I have experience in
` developing industrial processing equipment,
` such as this aseptic food processing equipment.
` Specifically, I do not have experience in the
` development of an aseptic food packaging
` machine.
` Q. Do you have personal experience with
` aseptic processing of foodstuffs?
` A. I thought I answered that.
` Q. You said that you do not have
` experience in the development of aseptic food
` packaging machine. Now I'm asking if you have
` any experience with aseptic processing of
` foodstuffs.
` A. Well, first of all, I did not say I
` don't have any experience in food packaging
` machinery. I said that I have experience with
` the aspects and the types of machines that are
` used -- that food processing equipment falls
` under. I have not specifically developed a
`
`TSG Reporting - Worldwide - 877-702-9580
`
`IPR2014-00055
`Steuben Exhibit 2071, pg. 30
`
`
`
`Page 31
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` A. Sharon
` machine that is used in aseptic packaging.
` Now, what is your next question?
` Q. Do you have personal experience with
` aseptic processing of foodstuffs separate from
` packaging of foodstuffs?
` MR. KIKLIS: Objection, form.
` A. Can you tell me what you mean by
` "processing"? I'm not -- differentiate that
` from
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