Zyda, Michael
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`IPR2014-00155
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`July 17, 2014
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` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`HARMONIX MUSIC SYSTEMS, )
`INC., )
` )
` Petitioner, )
` )
` V. ) CASE NO. IPR2014-00155
` )
`PRINCETON DIGITAL )
`IMAGING CORPORATION, )
` )
` Patent Owner. )
`_________________________)
`
` DEPOSITION OF MICHAEL ZYDA, DSc
` LOS ANGELES, CALIFORNIA
` JULY 17, 2014
` (PAGES 1-84)
`
`MARLA D. SHARP, RPR, CLR, CCRR, CSR
`CERTIFICATE NO. 11924
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Page 1 of 99
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`HARMONIX EXHIBIT 1022
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`IPR2014-00155
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`IPR2014-00155
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`July 17, 2014
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`1
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`HARMONIX MUSIC SYSTEMS, )
`INC., )
` )
` Petitioner, )
` )
` V. ) CASE NO. IPR2014-00155
` )
`PRINCETON DIGITAL )
`IMAGING CORPORATION, )
` )
` Patent Owner. )
`_________________________)
`
` DEPOSITION OF MICHAEL ZYDA, DSc
` LOS ANGELES, CALIFORNIA
` JULY 17, 2014
` (PAGES 1-84)
`
`MARLA D. SHARP, RPR, CLR, CCRR, CSR
`CERTIFICATE NO. 11924
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Page 1 of 99
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`HARMONIX EXHIBIT 1022
`HARMONIX v. PDIC
`IPR2014-00155
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`Zyda, Michael
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`IPR2014-00155
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`July 17, 2014
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`2
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` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`HARMONIX MUSIC SYSTEMS, )
`INC., )
` )
` Petitioner, )
` )
` V. ) CASE NO. IPR2014-00155
` )
`PRINCETON DIGITAL )
`IMAGING CORPORATION, )
` )
` Patent Owner. )
`_________________________)
`
` DEPOSITION OF MICHAEL ZYDA, DSc, taken on behalf of
` the patent owner, at Morrison & Foerster LLP,
` 707 Wilshire Boulevard, 60th Floor, Los Angeles,
` California, commencing at 9:31 a.m., Thursday,
` July 17, 2014, before Marla D. Sharp, RPR, CLR,
` CCRR, CSR No. 11924.
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`July 17, 2014
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`A P P E A R A N C E S:
`
`FOR PATENT OWNER:
` GONSALVES LAW FIRM
` BY: GREGORY J. GONSALVES, PhD, ESQ.
` 2216 Beacon Lane
` Falls Church, Virginia 22043
` 571-419-7252
` gonsalves@gonsalveslawfirm.com
`
`FOR PETITIONER HARMONIX MUSIC SYSTEMS, INC.:
` FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER
` BY: LINDA J. THAYER, ESQ.
` 2 Seaport Lane
` Boston, Massachusetts 02210
` 617-646-1600
` linda.thayer@finnegan.com
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`July 17, 2014
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` I N D E X
`
`EXAMINATION PAGE
`MICHAEL ZYDA, DSC
` BY MR. GONSALVES 5
` BY MS. THAYER 73
`
` PREVIOUSLY MARKED EXHIBITS
`EXHIBIT DESCRIPTION PAGE
`Exhibit 1001 United States Patent No. 13
` 5,513,129 (23 pages)
`Exhibit 1005 United States Patent No. 62
` 4,771,344 (24 pages)
`Exhibit 1007 "Journal of the International 49
` Society for the Arts, Sciences
` and Technology," "Leonardo,"
` Volume 25, Number 1, 1992
` (11 pages)
`Exhibit 1020 Declaration of Michael Zyda 46
` (128 pages)
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`Zyda, Michael
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`IPR2014-00155
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`July 17, 2014
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` LOS ANGELES, CALIFORNIA; THURSDAY, JULY 17, 2014
` 9:31 A.M.
` * * *
` MICHAEL ZYDA, DSc,
` having been duly administered an
` oath in accordance with CCP 2094, was
` examined and testified as follows:
` * * *
` EXAMINATION
`BY MR. GONSALVES:
` Q So, Dr. Zyda, the process here is that I will
`ask you questions at this deposition and you will
`provide answers. If, for some reason, you don't
`understand the question, just notify me, and I will
`rephrase it so that you can understand it.
` In addition, if you need to take a break in
`order to go to the bathroom, just let me know, and we
`can take a short break to go to the bathroom or to get a
`drink of water or whatever you need to do before we
`resume the deposition.
` A Okay.
` Q Okay. I'm going to ask you some questions
`about just your general background initially.
` A Sure.
` Q Where are you working now?
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`Zyda, Michael
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`IPR2014-00155
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`July 17, 2014
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` A I'm a professor of engineering practice at USC.
` Q And what are your responsibilities as a
`professor at USC currently?
` A I am the director of the GamePipe Laboratory.
`I founded the computer science games program and the
`joint advanced games class between the cinema school and
`the computer science department.
` Q Do you have any other responsibilities as a
`professor in your current position?
` A Oh, you know, I mentor students to get jobs in
`the game industry. I, you know, talk to every single
`visitor who comes by who's thinking about funding
`research in games. I write grant proposals to get
`funding to do work. That type of thing.
` Q Okay. And how long have you been at this
`position?
` A Since 2000 -- January 2005.
` Q And have your responsibilities changed since
`you arrived at USC in January of 2005 until the present
`day?
` A Slightly. I mean, when I started at USC, I was
`a staff member at the Information Sciences Institute.
`And then I went and designed the games degree program in
`computer science. I pushed it through the system,
`started operating the program.
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`IPR2014-00155
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`July 17, 2014
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` And then in April of 2007 the computer science
`department gave me the position of professor of
`engineering practice.
` A little change. Not really changing what I
`was doing. Change in title.
` Q Are you currently teaching classes as a
`professor?
` A I am. But this is the summer, so I'm not
`teaching classes right now.
` Q Okay. What classes did you teach in this --
`did you teach any classes in the spring semester?
` A Sure. I taught the mobile games class, I
`taught the networked AI class, and I taught the advanced
`games class.
` Q And last fall?
` A Last fall I taught the networked games class,
`the mobile games class, and the first part of the
`advanced games class.
` Q Okay. Now, you had indicated that you accepted
`your position at USC and started there in January 2005;
`is that correct?
` A Right.
` Q Do you have any other positions besides the one
`that you currently have at USC?
` A I was a professor of computer science at the
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`IPR2014-00155
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`July 17, 2014
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`Naval Postgraduate School for almost 21 years.
` Q So, prior to the time you went to USC, you were
`a professor at the Naval Postgraduate School?
` A Right. It's in Monterey, California.
` Q Okay. And what type of classes did you teach
`at the Naval Postgraduate School?
` A Well, one thing is I founded the MOVES
`Institute and the MOVES degree program. The MOVES
`degree program is the Modeling, Virtual Environments,
`and Simulation degree program. And the MOVES Institute
`is the Modeling, Virtual Environments, and Simulation
`Institute.
` Classes that I taught? I taught the virtual
`environments class. I taught the networked virtual
`environments class.
` I founded the degree program and mentored some
`71 faculty and staff in the MOVES Institute.
` Q Okay. When you spoke about this virtual
`environment -- I can't think of the name; you mentioned
`it -- that you developed at the Naval Postgraduate
`School --
` A NPSNET.
` Q -- right -- you had given me the title -- can
`you give me a general description of that?
` A So NPSNET was a project that went on almost ten
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`Zyda, Michael
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`IPR2014-00155
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`July 17, 2014
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`years.
` And it was a software system, a big -- it was a
`networked virtual environment that allowed you to be a
`ground vehicle, an air vehicle, an ocean-going vessel, a
`submarine, or a fully articulated human walking in the
`synthetic environment.
` So we use it as a test bed for figuring out how
`to build tracking systems for humans that could operate
`inside of a networked virtual environment that could
`play against many of the large defense simulations.
` In fact, when the SIMNET system was built, we
`were the first simulation system that could connect to
`the SIMNET system and interoperate with it.
` Q And prior to your appointment to the Naval
`Postgraduate School, what was your position?
` A I was a graduate student at Washington
`University in St. Louis.
` Q And is that where you got your doctorate?
` A It is.
` Q And what field is your doctorate in?
` A It's in computer science.
` Q Okay. And in addition to teaching -- I mean,
`getting your doctorate at Washington University, did you
`get any other degrees there?
` A No, I did not. I have a doctorate in computer
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`IPR2014-00155
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`July 17, 2014
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`science from Washington University in St. Louis.
` When I started there, I started in a double PhD
`program in physiology, biophysics, and computer science.
`And then I dropped the physiology, biophysics, and
`computer science probably after --
` (Interruption by the reporter.)
` THE WITNESS: Yeah, after two years.
` I have a master's in computer science from
`University of Massachusetts at Amherst and a bachelor's
`degree in bioengineering with a minor in Spanish
`literature from the University of California at
`San Diego.
`BY MR. GONSALVES:
` Q What year did you get your doctorate from
`Washington University?
` A 1984.
` Q And what year did you get your master's degree
`from University of Massachusetts?
` A 1978.
` Q And you probably anticipate my next question.
` When did you get your bachelor's degree?
` A 1976.
` (Interruption by the reporter.)
`BY MR. GONSALVES:
` Q Did you do anything to prepare for your
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`July 17, 2014
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`deposition here today?
` A Yeah. I reviewed my declaration and relooked
`at the Bolas patent, relooked at the Pocock-Williams
`paper, relooked at the Fallacaro patent, looked at a
`Disney patent from 1971.
` Q Now, when you mentioned the Disney patent, can
`you identify it by patent number and the inventor?
` A Yeah. Let me bring it up here on my iPad. Got
`to go to the front.
` It is 3,767,901.
` Q Okay. When you mentioned that you reviewed
`these documents -- well, first of all, can you think of
`any other documents that you reviewed besides the ones
`you just mentioned?
` A Let me see. We got the ones in front of us:
`Got the Fallacaro patent, the declaration, and the Bolas
`patent. Pretty much what I looked at.
` Q Okay. And when did you look at these documents
`to prepare for your deposition here today?
` A Really over the last week. But this last week
`has been very busy for me.
` Q Okay. And when you looked at the documents,
`was there anybody with you reviewing them together? Or
`did you do this by yourself?
` A Pretty much by myself. I think I did meet with
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`July 17, 2014
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`Linda here yesterday in the afternoon.
` Q Okay. And when you met with Linda, how long
`did you meet?
` A Oh, I think from approximately 1:00 p.m. to
`6:00 p.m., five hours.
` Q Was there anyone else at the meeting besides
`the two of you?
` A No.
` Q Okay. And what did you discuss at the meeting?
` MS. THAYER: Objection. Privilege.
`BY MR. GONSALVES:
` Q Okay. Now, at some point you read the entire
`Bolas patent? And by "Bolas patent," I mean
`United States Patent 5,513,129.
` A I think I read it, the full thing, a long time
`ago when we first started, when I first got hired as an
`expert.
` Q Okay. And you read the entire thing.
` And do you feel you understand it?
` A Yeah, I think I understand it.
` MR. GONSALVES: Okay. Counsel, I have a
`question regarding your objection.
` Dr. Zyda's an expert. What is the basis for
`your objection to my question about what you talked
`about during your conference?
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` MS. THAYER: To the extent that we talked about
`things other than his declaration or the contents of the
`references, then I think there's a possibility for
`privilege.
` MR. GONSALVES: Okay. So you're not objecting
`to anything that you discussed, just certain things that
`you may have discussed?
` Is that your position?
` MS. THAYER: I think it's possible that some of
`the questions could be privileged. I think it's
`privileged as to what I said to him, what -- depends on
`how you phrase the question.
` It's appropriate to ask what he reviewed. It's
`not appropriate to ask what I said to him.
` MR. GONSALVES: Okay.
`BY MR. GONSALVES:
` Q Dr. Zyda, could you take a look at -- and we --
`I assume that we're going to be using the same exhibit
`numbers as they are numbered at the PTABs database so as
`not to confuse anybody.
` So, at the PTABs database, it is listed as
`Exhibit 1001. And this is the Bolas patent,
`US Patent 5,513,129.
` A I have the Bolas patent right in front of me.
` Q Okay. Before we get into some of the details
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`of this patent, do you know Mark Bolas? I mean, he also
`works at USC, does he not?
` A I've known Mark Bolas's work since probably the
`start of the virtual environment field.
` Q Okay. And when was that?
` A In 1980 --
` Q Approximately?
` A -- mid-1980s, approximately.
` Q Okay. Has Mr. Bolas been working at USC, to
`the best of your knowledge, since you started there in
`January 2005?
` A Yeah. He came somewhere back then. I don't
`know what year he started.
` Q Okay. Can you take a look at what's on this
`patent of Exhibit 1001, column 21 and 22?
` A Okay.
` (Discussion held off the record.)
`BY MR. GONSALVES:
` Q Okay. So, Dr. Zyda, turning your attention to
`columns 21 and 22 -- actually, on this particular page,
`"Appendix A," there aren't any columns. There's just a
`listing.
` A Right.
` Q Can you describe what you see on that page?
` A Wow. Looks like assembly language.
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` Q Okay. Can you tell me -- it looks like there's
`a group of statements at the top that have the term
`"EQU."
` Do you see that?
` A Yes.
` Q Okay. Do you know what the function of EQU is?
`Do you know what EQU is?
` A I do not know what the particular -- this
`particular assembly language stands for, no.
` Q Okay. Can you tell from looking at this what
`type of assembly language it is?
` A It's "Tape IF Software for 6BHC11."
` No. I don't really know.
` Q Okay. So, by the question, I was referring to
`the type of assembly language.
` Does it look like IBM 370 or you cannot tell?
` A Well, it's certainly not IBM 370, but I really
`can't tell.
` Q Okay. And why wouldn't it be IBM 370? Because
`it wasn't created at that time? Is that what you're
`suggesting?
` A Yeah. It says "1990" at the top, and I think
`IBM 370 is pretty old at that point in time.
` Q Okay. Moving down to the -- past the EQU
`statements, can you identify for me or can you describe
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`the function of any of these statements that you see
`here?
` A You know, there are clearly increment
`statements and clear statements and store statements.
`It looks like assembly language, but there are many
`different kinds of assembly language.
` Q Okay. Besides the detailed description of each
`of the individual -- each of the instructions
`individually, can you tell me that the -- the function
`of this routine and what it's doing?
` A No, I cannot.
` Q All right. And is that because you're not
`familiar with this particular assembly language that's
`used to implement the routine here?
` A That is correct.
` Q Okay. Now, turning to the next page, which is
`listed as column 23 and column 24 on the top --
` A Okay.
` Q -- although there is not, like the previous
`page, separate columns; it's just one listing --
` A Mm-hmm.
` Q -- can you tell me the function of what the
`code is doing on this page?
` A No.
` Q I still have to ask. We'll go through the rest
`
`202-220-4158
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`www.hendersonlegalservices.com
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`Page 16 of 99
`
`HARMONIX EXHIBIT 1022
`HARMONIX v. PDIC
`IPR2014-00155
`
`
`
`Zyda, Michael
`
`IPR2014-00155
`
`July 17, 2014
`
`17
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`of it.
` A Sure.
` Q Can you turn the page to columns 25 and 26?
` A Sure.
` Q And my question is: Can you tell me the
`function of this -- the functions that are being
`performed by the routine that's pictured on a page
`that's -- has columns 25 and 26 at the top?
` A No.
` Q Turning to the next page, which is the last
`page of the computer program listing --
` A Mm-hmm.
` Q -- my question is the same: Can you tell me
`the overall function that's being performed or any
`functions that are being performed by the software
`that's shown on the '129 patent with 27 -- columns 27
`and 28 listed on the top?
` A No.
` Q Okay. Can you turn your attention to the very
`last page of the '129 patent?
` A Okay.
` Q And, in particular, can you turn your attention
`to claim No. 10?
` A Sure. I'm right there.
` Q Okay. Now, do you see the phrase "prerecording
`
`202-220-4158
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`www.hendersonlegalservices.com
`
`Page 17 of 99
`
`HARMONIX EXHIBIT 1022
`HARMONIX v. PDIC
`IPR2014-00155
`
`
`
`Zyda, Michael
`
`IPR2014-00155
`
`July 17, 2014
`
`18
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`a control track," the first element of claim 10 after
`the preamble?
` A Yes.
` Q Okay. What does the term "control track" mean
`to you?
` A Oh, wow. I would say it is a track that has
`instructions that would be read and then cause an
`execution of some operation.
` Q Okay. And the phrase -- the entire phrase,
`including the two words that precede the term "control
`track," where it says "prerecording a control track,"
`what does that entire phrase, those four words, mean to
`you?
` A That somehow somebody has a method for, say,
`watching some operation and recording the various parts
`of the operation and putting it in a -- putting it in
`memory, putting it in a disc, putting it on a tape.
` It's a very common operation for many years in
`computer science. Milling machines do this.
` Q What type of machines did you just mention?
` A NC-controlled machines.
` Q Okay.
` A You know, machines that, you know, basically
`run a device that will, say, carve a head out of
`polyurethane will do this.
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Page 18 of 99
`
`HARMONIX EXHIBIT 1022
`HARMONIX v. PDIC
`IPR2014-00155
`
`
`
`Zyda, Michael
`
`IPR2014-00155
`
`July 17, 2014
`
`19
` Q Okay. And do you see the phrase following it,
`"having audio and/or control information"? Let's just
`focus on the first part of that, which is audio
`information.
` What does "audio information" mean to you that
`would be prerecorded on a control track?
` A Audio information on a control track?
` Q Yeah. Because the entire phrase is
`"prerecording a control track having audio."
` So you would agree, would you not, that that
`means that there has to be audio on the control track?
` A Sure. This reminds me of the Disney "It's a
`Small World" ride, which I saw at the 1964 World's Fair.
`It had control tracks on -- with audio on tapes.
` Q And when you see the phrase "control
`information," would you agree that this claim limitation
`requires either audio and/or control information to be
`recorded on a control track?
` A Whoa. That's a long question.
` Can you break that down?
` Q Okay. Would you agree that the phrase
`"prerecording a control track having audio and/or
`control information" means that audio and/or control
`information would be recorded on the control track?
` A Okay.
`
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`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Page 19 of 99
`
`HARMONIX EXHIBIT 1022
`HARMONIX v. PDIC
`IPR2014-00155
`
`
`
`Zyda, Michael
`
`IPR2014-00155
`
`July 17, 2014
`
`20
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` Q Does "okay" mean yes, you would agree?
` A Yes.
` Q Okay. Can you tell me what the phrase "control
`information" means to you?
` A Control information means an instruction of
`some sort that, when handed off to the right electrical
`device, will cause something to happen.
` Q Okay. Can you also tell me what the phrase
`"control information corresponding to an audio signal"
`means to you?
` A Could be anything. It could be -- it could
`have a wide variety of interpretations.
` For example, in the "Mr. Lincoln" ride at
`Disneyland from the early 1960s, they had audio -- they
`had lines of dialogue that drove the lips of
`Mr. Lincoln, with the opening and closing of the mouth
`embedded in with the audio.
` That's kind of what I think of when I read
`that.
` Q Without referring to any particular examples,
`can you just describe in your own words what that phrase
`means to you?
` A Control information?
` Q Yeah. Well, I think you told me about control
`information.
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Page 20 of 99
`
`HARMONIX EXHIBIT 1022
`HARMONIX v. PDIC
`IPR2014-00155
`
`
`
`Zyda, Michael
`
`IPR2014-00155
`
`July 17, 2014
`
`21
`
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` A Yeah.
` Q Now it's "control information corresponding to
`an audio signal."
` A Sure. It is control information that goes
`along with an audio signal that says, "Do this at the
`same time as these words are being spoken, say, by
`Mr. Lincoln."
` Q Okay. Moving on to the next phrase --
` A Mm-hmm.
` Q -- do you see phrase (b)? It says:
` "Operating the computer system in
` response to said prerecorded control
` track."
` Can you tell me what that phrase means to you?
` A That means that there is a piece of code in the
`computer that is reading the control track.
` And, as I said, the control information are
`instructions. And those instructions cause some
`function execution, like a subroutine call or a function
`call.
` Q Okay. Turning your attention to the very next
`claim, claim 11, which is immediately below claim 10.
` A Mm-hmm.
` Q And do you see the phrase, under item (c),
`"supplying the audio signal to the computer system"?
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Page 21 of 99
`
`HARMONIX EXHIBIT 1022
`HARMONIX v. PDIC
`IPR2014-00155
`
`
`
`Zyda, Michael
`
`IPR2014-00155
`
`July 17, 2014
`
`22
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`
` A Sure.
` Q Can you tell me what that phrase means to you?
` A Oh, wow. Circa when this patent was filed,
`1993, it would mean to me that there was some
`digitization of, say, an input analog audio signal
`coming into the computer that was being done by the
`computer.
` Q Okay. So, according to the testimony you gave,
`you would think that this phrase requires some type of
`analog-to-digital transformation?
` A That's the first thing that popped in my head.
`But it also could be "I'm reading the digitized audio
`off of a disc." It could be multiple things.
` Q Any else besides the two things you just
`mentioned?
` A Those are the ones that immediately come to
`mind.
` Q Okay. Does anything else come to mind as you
`think about it further?
` A No.
` Q Okay. Now, let's go to the last phrase, which
`is identified by item (d) on claim 11 --
` A Mm-hmm.
` Q -- which reads:
` "Operating the computer system in
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Page 22 of 99
`
`HARMONIX EXHIBIT 1022
`HARMONIX v. PDIC
`IPR2014-00155
`
`
`
`Zyda, Michael
`
`IPR2014-00155
`
`July 17, 2014
`
`23
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` response to both the audio signal and
` the prerecorded control track."
` A Okay.
` Q Would you agree that this particular
`limitation, identified by item (d), requires the
`computer system to be operated in response to two
`things, both the audio signal and the prerecorded
`control track?
` A Well, I think that's what the word "and" means.
` Q Okay. Now, can you describe the phrase in its
`entirety, what it means to you?
` A Which phrase?
` Q The phrase that we just discussed, item (d):
` "Operating the computer system in
` response to both the audio signal and
` the prerecorded control track."
` A Okay. Well, I guess, "operating the computer
`system" is a pretty vague term. You know, it's -- it
`could be many different interpretations. So it's pretty
`wide open.
` So when you say, "Operating the computer system
`in response to both the audio signal and the prerecorded
`control track," one interpretation might mean it's
`playing the audio track at the same time as it's doing
`something else with the control track.
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Page 23 of 99
`
`HARMONIX EXHIBIT 1022
`HARMONIX v. PDIC
`IPR2014-00155
`
`
`
`Zyda, Michael
`
`IPR2014-00155
`
`July 17, 2014
`
`24
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` Q Okay. Now, when you mentioned that the
`"operating the computer system," that portion of the
`limitation, could mean different things, could you
`identify some of these things that are -- that you had
`in mind when you said that?
` A Well, I just think, you know, when you say,
`"Here's something that operates a computer system," that
`could be a person; that could be a piece of software.
`It could be anything. It's pretty vague.
` Q Okay. When you read the phrase "operating the
`computer system" in conjunction with what follows it,
`would you agree that that's something that wouldn't be
`done by a person because they're reading the
`prerecording control track and the audio signal?
` A You know, this -- you know, I was thinking,
`"Here is a person sitting in front of a computer, and
`he's operating the computer system and doing something
`with respect to audio and prerecorded control track
`that's coming in."
` Q Okay. Is there anything else that comes to
`mind about the meaning of "operating the computer
`system"? Any other examples that you can think of
`besides the two that you just mentioned?
` A Nothing right off the top of my head, no.
` Q Okay. Could you turn your attention to claim
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Page 24 of 99
`
`HARMONIX EXHIBIT 1022
`HARMONIX v. PDIC
`IPR2014-00155
`
`
`
`Zyda, Michael
`
`IPR2014-00155
`
`July 17, 2014
`
`25
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`No. 22? And we can stay on the same page. It's on
`column 30 --
` A Sure.
` Q -- about line 53.
` A Okay. I am there.
` Q And can you read the first limitation, after "a
`computer system, including," into the record?
` A Read the first limitation?
` Q Yes.
` A Okay.
` "Means for prerecording a control
` track having audio and/or control
` information corresponding to an audio
` signal" --
` Q Okay.
` A -- "and" --
` Q Do you have an understanding of what this type
`of limitation means? In particular, the phrase "means
`for"? Do you have an understanding of what that phrase
`means?
` A I have a vague understanding.
` Why don't you explain it to me?
` Q Well, in a deposition, I ask questions, and you
`give the answers.
` So could you give me a description of your
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Page 25 of 99
`
`HARMONIX EXHIBIT 1022
`HARMONIX v. PDIC
`IPR2014-00155
`
`
`
`Zyda, Michael
`
`IPR2014-00155
`
`July 17, 2014
`
`26
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`understanding of what it means?
` A Sure. It's a mechanism or some way of:
` "Prerecording a control track having
` audio and/or control information
` corresponding to an audio signal."
` For example, what comes to my mind immediately
`is Disney Imagineering, back in putting together the
`rides -- the exhibits for the World's Fair in 1964 --
` Q I don't --
` A -- had --
` Q I don't mean to interrupt you. I apologize.
` But my question was directed towards --
` A Mm-hmm.
` Q -- the type of claim limitation.
` A Right.
` Q Because this type is "means for."
` And as you can -- as you know from looking at
`claim 10 and 11 --
` A Mm-hmm.
` Q -- we didn't see any limitation of that type.
` A Okay.
` Q So I apologize for not asking the question
`properly or clearly enough.
` But my question is: Do you have an
`understanding of what this type of claim limitation
`
`202-220-4158
`
`Henderson Legal Services, Inc.
`www.hendersonlegalservices.com
`
`Page 26 of 99
`
`HARMONIX EXHIBIT 1022
`HARMONIX v. PDIC
`IPR2014-00155
`
`
`
`Zyda, Michael
`
`IPR2014-00155
`
`July 17, 2014
`
`27
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