Goodman, David 11-18-14 ROUGH Transcript (CONF).txt
`
` 1
`
` 1 ROUGH DRAFT - Goodman
`
` 2 ----------------------------------------------
` REALTIME AND INTERACTIVE REALTIME
` 3 TRANSCRIPT ROUGH DRAFT DISCLAIMER
` ----------------------------------------------
` 4 IMPORTANT NOTICE:
` AGREEMENT OF PARTIES
` 5 ----------------------------------------------
` We, the party working with realtime and rough
` 6 draft transcripts understand that if we
` choose to use the realtime rough draft screen
` 7 or the printout, that we are doing so with
` the understanding that the rough draft is a
` 8 noncertified copy.
`
` 9 We further agree not to share, give, copy,
` scan or fax or in any way distribute this
` 10 realtime rough draft in any form (written or
` computerized) to any party. However, your
` 11 own experts' cocounsel and staff may have
` limited internal use of same with the
` 12 understanding that we agree to destroy your
` realtime rough draft and/or any computerized
` 13 form, if any, and replace it with the final
` transcript upon its completion.
` 14 Case: Rembrandt v. Samsung
` Date: ovember 18, 2014
` 15 REPORTER'S NOTE:
`
` 16 Since this deposition has been realtimed and
` is in rough draft form, please be aware that
` 17 there may be a discrepancy regarding page and
` line number when comparing the realtime
` 18 screen, the rough draft, rough draft disk,
` and the final transcript.
` 19
` Also please be aware that the realtime screen
` 20 and the noncertified rough draft transcript
` may contain untranslated steno, reporter's
` 21 notes in double parenthesis, misspelled
` proper names, incorrect or missing Q/A
` 22 symbols or punctuation, and/or nonsensical
` English word combinations. All such entries
` 23 will be correct on the final certified
` transcript.
` 24
` Court Reporter's Name: Michelle A. Cox
` 25 Firm Name: Sound Professional
`
`

`
` 2
`
` 1 ROUGH DRAFT - Goodman
`
` 2 THE VIDEOGRAPHER: Good morning. This is
`
` 3 the videotape operator speaking, Eric Lenz of
`
` 4 Sounds Deposition Services in Long Beach,
`
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`REMBRANDT EXHIBIT 2309
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`Goodman, David 11-18-14 ROUGH Transcript (CONF).txt
` 5 California.
`
` 6 Today's date is Tuesday, November 18,
`
` 7 2014. The time is approximately 9:12 in the
`
` 8 morning. We are at the offices of Dickstein
`
` 9 Shapiro, 1633 Broadway, New York, New York, for
`
` 10 the video deposition of Dr. David Goodman in
`
` 11 the matter of Rembrandt Technologies, LLP,
`
` 12 versus Samsung Electronics Company, et al.
`
` 13 This is in the U.S. District Court for the
`
` 14 Eastern District of Texas No. 2:13-CV-213.
`
` 15 Will counsel please introduce themselves
`
` 16 for the record.
`
` 17 MR. ENGER: Eric Enger with Heim Payne
`
` 18 Chorush on behalf of the plaintiff Rembrandt.
`
` 19 MR. MILLER: Jeffrey Miller of Dickstein
`
` 20 Shapiro represents the Samsung. Defendants.
`
` 21 THE VIDEOGRAPHER: Will our court reporter
`
` 22 Michelle Cox swear in our witness
`
` 23 DAVID GOODMAN, called as a witness, having been duly
`
` 24 sworn by a Notary Public, was examined and
`
` 25 testified as follows:
`
`

`
` 3
`
` 1 ROUGH DRAFT - Goodman
`
` 2 EXAMINATION BY
`
` 3 MR. ENGER:
`
` 4 Q Good morning.
`
` 5 A Good morning.
`
` 6 Q What is your name?
`
` 7 A David Goodman.
`
` 8 Q Where do you live Mr. Goodman?
`
` 9 A I live in New York, 377 Rector Place.
`
` 10 Q My name is Eric Enger. We just met for
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`Goodman, David 11-18-14 ROUGH Transcript (CONF).txt
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` 11 first time today; is that correct?
`
` 12 A That's right.
`
` 13 Q You understand I'm an attorney for
`
` 14 Rembrandt the plaintiff in a patent
`
` 15 infringement case against Samsung?
`
` 16 A Yes.
`
` 17 Q You're here to testifying here today on
`
` 18 behalf of Samsung, your client, correct?
`
` 19 A Correct.
`
` 20 Q If I ask you a question today that you
`
` 21 don't understand will you ask me to clarify it?
`
` 22 A Yes.
`
` 23 Q If you don't ask me to clarify a question,
`
` 24 is it fair that you understood it?
`
` 25 A Yes.
`
`

`
` 4
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` 1 ROUGH DRAFT - Goodman
`
` 2 Q Is there anything, for example,
`
` 3 medications or illnesses that will prevent you
`
` 4 from testifying accurately and honestly today?
`
` 5 A There's nothing that will prevent that.
`
` 6 MR. ENGER: Mark the first Exhibit.
`
` 7 (Exhibit Type Exhibit
`
` 8 No , Description ,
`
` 9 marked for identification as of this date.)
`
` 10 MR. MILLER: Eric Enger, I think that Dr.
`
` 11 Goodman has a correction he has to make to his
`
` 12 invalidity report.
`
` 13 MR. ENGER: That's going to be the first
`
` 14 exhibit. We'll fix that as soon as we get it
`
` 15 out.
`
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`REMBRANDT EXHIBIT 2309
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`

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`Goodman, David 11-18-14 ROUGH Transcript (CONF).txt
` 16 MR. MILLER: I think that you can
`
` 17 probably . .
`
` 18 MR. ENGER: Mark this as at first Exhibit.
`
` 19 (Exhibit Type Exhibit
`
` 20 No , Description ,
`
` 21 marked for identification as of this date.)
`
` 22 MR. MILLER: Can I take two minutes I took
`
` 23 something.
`
` 24 THE VIDEOGRAPHER: We're going to go off
`
` 25 record at 914.
`
`

`
` 5
`
` 1 ROUGH DRAFT - Goodman
`
` 2 (Recess taken.)
`
` 3 THE VIDEOGRAPHER: Back on the record nine
`
` 4 seep 16.
`
` 5 Q Dr. Goodman, you realize you're still
`
` 6 under oath?
`
` 7 A Yes.
`
` 8 Q Before break you mention you'd like to
`
` 9 correct something in Exhibit 1, your invalidity
`
` 10 report; is that correct?
`
` 11 A That's correct.
`
` 12 Q What is it you need to correct?
`
` 13 A In paragraph 142 Page 149: In the first
`
` 14 two sentences have the words first and second
`
` 15 somehow transposed. So I'll read the correct
`
` 16 version, and I'll try to emphasize the part
`
` 17 that needs changing it says are claim 22 of the
`
` 18 228 patent recites "a first portion of the
`
` 19 second communication indicating that the first
`
` 20 modulation method would be used for modulateing
`
` 21 the payload data in the payload portion of the
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`Goodman, David 11-18-14 ROUGH Transcript (CONF).txt
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` 22 second communication. The specification
`
` 23 however does not disclose or enable a first
`
` 24 portion of a second communication indicating
`
` 25 that a first modulation would be used."
`
`

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` 6
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` 1 ROUGH DRAFT - Goodman
`
` 2 That's it second and first were reversed.
`
` 3 Q Thank you is there any other correction us
`
` 4 need to make to your report?
`
` 5 A No.
`
` 6 Q Let's to turn to Exhibit 11 which is
`
` 7 Exhibit 1 which is your CV. And Page 7,
`
` 8 please. This should list the testimony you've
`
` 9 given in court and depositions correct?
`
` 10 A Yes.
`
` 11 Q So you've testified in a legal matter
`
` 12 before?
`
` 13 A Yes.
`
` 14 Q How many times?
`
` 15 A Between court appearances in deposition I
`
` 16 would say about 20.
`
` 17 Q And all those were within the last four
`
` 18 years?
`
` 19 A No.
`
` 20 Q How many times have you testified whether
`
` 21 court or depositions in the last four years?
`
` 22 A Looks like three times. So when I
`
` 23 prepared this list, it must have been early in
`
` 24 2010, because the bottom item was more than
`
` 25 four years ago. So I have four items on
`
`

`
` 7
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`Goodman, David 11-18-14 ROUGH Transcript (CONF).txt
` 1 ROUGH DRAFT - Goodman
`
` 2 Page 7. And three of them the top three were
`
` 3 in the last four years.
`
` 4 Q And have there been any recent
`
` 5 depositions?
`
` 6 A Yes there was one more thanks for
`
` 7 reminding me there was one a few weeks ago
`
` 8 relating to this matter.
`
` 9 Q I see.
`
` 10 Were all the depositions in patent cases?
`
` 11 A All of these, yes.
`
` 12 Q And you were serving as an expert in each
`
` 13 of those case?
`
` 14 A Yes.
`
` 15 Q And testifying on that behalf?
`
` 16 A Yes.
`
` 17 Q In the first case the band as opposed to
`
` 18 versus gather minute on what subject matter did
`
` 19 you testify?
`
` 20 A The subject matter was Bluetooth
`
` 21 communications and the focus was on a
`
` 22 technology employed in Bluetooth referred to as
`
` 23 adapt frequency.
`
` 24 Q Were you testifying rendering opinion on
`
` 25 from time to time validity or both?
`
`

`
` 8
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` 1 ROUGH DRAFT - Goodman
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` 2 A Validity.
`
` 3 Q The secretary matter the even on court
`
` 4 versus T emotional matter what was at subject
`
` 5 matter of your testimony in that case. Of the
`
` 6 subject matter the technology was cell phones
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`Goodman, David 11-18-14 ROUGH Transcript (CONF).txt
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` 7 that could communicate in at least two ways.
`
` 8 And the two ways that were in focus here were
`
` 9 cellar communications and Wi-Fi.
`
` 10 Q And did you render opinions on from time
`
` 11 to time validity or both?
`
` 12 A Validity.
`
` 13 Q The third case the HTV for come matter
`
` 14 what was the subject matter of your testimony
`
` 15 in that?
`
` 16 A Subject matter of the testimony was packet
`
` 17 communications in cellular systems.
`
` 18 Q And did you render any opinions on from
`
` 19 time to time or validity or both?
`
` 20 A Validity.
`
` 21 Q You lastly have another band speed case
`
` 22 that's also about Bluetooth adapter
`
` 23 arthriticcy?
`
` 24 A Yes.
`
` 25 Q Did you also render opinions on validity
`
`

`
` 9
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` 1 ROUGH DRAFT - Goodman
`
` 2 from time to time in that matter?
`
` 3 A That was a mark man hearing, Mr. Enger so
`
` 4 I was rendering opinions on the terms and
`
` 5 patents that were of interest in the lawsuit.
`
` 6 Q You didn't form any opinions on from time
`
` 7 to time validity in that matter?
`
` 8 A Not in my testimony.
`
` 9 Q Turn to the next page of your CV this
`
` 10 contains a listing of the clients for which
`
` 11 you've consulted, correct?
`
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`Goodman, David 11-18-14 ROUGH Transcript (CONF).txt
` 12 A It does.
`
` 13 Q And this is over the last four years?
`
` 14 A Yes.
`
` 15 Q Is this accurate?
`
` 16 I should say accurate and complete?
`
` 17 A As I sit here today I can't think half
`
` 18 anything else any other consulting work that
`
` 19 I've done.
`
` 20 Q Was this all this consulting on patent
`
` 21 litigations?
`
` 22 A Not all of it.
`
` 23 Q Which were not patent litigation matter?
`
` 24 A Well there's an item here that says
`
` 25 Verizon wireless in December January of
`
`

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` 10
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` 1 ROUGH DRAFT - Goodman
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` 2 2010T2011 that was about advertising claims.
`
` 3 Q Not advertising claims on from time to
`
` 4 time but in a broad sense?
`
` 5 A As to who has the best cellular network.
`
` 6 Q Other than the Verizon client that's
`
` 7 listerred here on Page 8 your CV were all the
`
` 8 others are in connection with patent
`
` 9 litigation?
`
` 10 A They were in connection with patent
`
` 11 litigation, yes.
`
` 12 Q Let's start with the first two Blackberry
`
` 13 and Samsung, that consulting is for to the
`
` 14 current case we're in a involving Rembrandt
`
` 15 correct?
`
` 16 A Correct.
`
` 17 Q Both Blackberry and Samsung are defendants
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`Goodman, David 11-18-14 ROUGH Transcript (CONF).txt
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` 18 in this case?
`
` 19 A It's my understanding that Blackberry
`
` 20 isn't.
`
` 21 Q Blackberry was a defendant?
`
` 22 A Was an defendant, yes.
`
` 23 Q And then there's a number much entries on
`
` 24 your CV for gather man Motorola Blackberry and
`
` 25 HTC.
`
`

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` 11
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` 1 ROUGH DRAFT - Goodman
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` 2 That's all in connection with the same
`
` 3 matter all that consulting?
`
` 4 A Yes.
`
` 5 Q And were each of the GARMINLG motor roll
`
` 6 will arrangementless done in the behalf of a
`
` 7 defendant in a patent litigation matter?
`
` 8 A They were all defendants and collectively
`
` 9 they were referred to, I think as end product
`
` 10 defendanters and somehow sheathe join tonight
`
` 11 in their defense.
`
` 12 Q The consulting that you it did for AT&T in
`
` 13 a patent litigation matter where was AT&T cat
`
` 14 defendant or the plaintiff in the matter?
`
` 15 A I think they were being sued that was a
`
` 16 very brief engagement.
`
` 17 Q So AT&T was the defendant?
`
` 18 A Yes.
`
` 19 Q Your T-Mobile in the case was T-Mobile the
`
` 20 defendant in a patent litigation?
`
` 21 A Yes, they were.
`
` 22 Q The CSR consulting you did in March 2010
`
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`Goodman, David 11-18-14 ROUGH Transcript (CONF).txt
` 23 was CSR the plaintiff or the defendant?
`
` 24 A CSR wasn't either one in.
`
` 25 Q Explain the cult consulting you did in
`
`

`
` 12
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` 1 ROUGH DRAFT - Goodman
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` 2 March on CSR?
`
` 3 A You can perhaps correct me I heard another
`
` 4 word not plaintiff or defendant I intervener
`
` 5 one company sue asked a few other companies and
`
` 6 CS railroad R was given permission bit court to
`
` 7 intervene.
`
` 8 Q CSR was not the patent holder in that
`
` 9 case?
`
` 10 A They wasn't.
`
` 11 Q Microsoft they consulting for Microsoft
`
` 12 were they the plaintiff or the defendant?
`
` 13 A They were the plaintiff.
`
` 14 Q Who was the defendant?
`
` 15 A It was a company I don't remember the name
`
` 16 of the defendant it was a company in England
`
` 17 that made devices that worked with X Box
`
` 18 Microsoft X bogs.
`
` 19 Q Most was asserting that this other company
`
` 20 infringed?
`
` 21 A That's correct.
`
` 22 Q Your consulting for ZTE was the ZTE the
`
` 23 plaintiff or defendant in that matter?
`
` 24 A ZTE was the defendant.
`
` 25 Q Is Alcatel Lucent the plaintiff or the
`
`

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` 13
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` 1 ROUGH DRAFT - Goodman
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` 2 defendant in your consulting matters?
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`Goodman, David 11-18-14 ROUGH Transcript (CONF).txt
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` 3 A That, again, was a very brief one. They
`
` 4 were the defendant.
`
` 5 Q And then your consulting for Apple in
`
` 6 August of 2011, was Apple the plaintiff or
`
` 7 defendant?
`
` 8 Q Apple and Samsung was involved in a lot of
`
` 9 litigation they were defendant for each one I
`
` 10 didn't provide any testimony I was providing
`
` 11 technical advice to Apple. So I don't know if
`
` 12 they were using it to sue Microsoft or -- to
`
` 13 Samsung or to defend themselves against
`
` 14 Samsung.
`
` 15 Q So that's kind of an odd case right there?
`
` 16 A Yes.
`
` 17 Q Understood.
`
` 18 Q What did you do to prepare for your
`
` 19 deposition today?
`
` 20 A I read in expert report.
`
` 21 Q You're talking about your validity report
`
` 22 connect one?
`
` 23 A Valid report Exhibit 1.
`
` 24 I read another report which I submitted in
`
` 25 this case which was on non-infringement. So I
`
`

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` 14
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` 1 ROUGH DRAFT - Goodman
`
` 2 studied that. I studied some of the documents
`
` 3 referred to in these reports.
`
` 4 A Yesterday I met with lawyers for Samsung
`
` 5 at Dickstein Shapiro to discuss these things.
`
` 6 Q Did you do anything else to prepare for
`
` 7 your deposition today?
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`Goodman, David 11-18-14 ROUGH Transcript (CONF).txt
` 8 A As I sit here I can't think of anything
`
` 9 eliminates I had breakfast this morning.
`
` 10 Q Did you read any of the other reports from
`
` 11 Rembrandt?
`
` 12 A I did I read Dr. Akl's report on validity.
`
` 13 Q Had you read it previously?
`
` 14 A I suppose I read it when he submitted it,
`
` 15 which wasn't very long ago, as I recall.
`
` 16 Q Did you read Dr. Morrow's report?
`
` 17 A Yes.
`
` 18 Q You said you reviewed a number of
`
` 19 documents cited in your report?
`
` 20 A Yes.
`
` 21 Q Do you recall those documents.
`
` 22 A I reviewed a number of prior art
`
` 23 references here. And I refer to five of them
`
` 24 as principal prior art references.
`
` 25 And I reviewed them certainly. And then
`
`

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` 15
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` 1 ROUGH DRAFT - Goodman
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` 2 there were other ones that were combined with
`
` 3 the principal prior art documents.
`
` 4 So I reviewed all of those as well. I
`
` 5 reviewed I looked at some things. I had seen
`
` 6 all of these before and I was just going to
`
` 7 refresh my memory. I looked at some documents
`
` 8 that were generated by the Bluetooth what we
`
` 9 call the Bluetooth significant special interest
`
` 10 group while they were working on enhancements
`
` 11 to the Bluetooth specification.
`
` 12 Q Those are the documents referred to at
`
` 13 median rate proposal?
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`Goodman, David 11-18-14 ROUGH Transcript (CONF).txt
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` 14 A Right median rate proposal. These were
`
` 15 documents LEADing up to the median rate
`
` 16 proposal they relate to median rate technology.
`
` 17 I don't know which one was the median rate
`
` 18 proposal.
`
` 19 Q They were documents state cited in your
`
` 20 invalidity report?
`
` 21 A Yes.
`
` 22 Q Did review any other documents in
`
` 23 preparation for your deposition today?
`
` 24 A I looked again at the provisional
`
` 25 application I think at least two documents that
`
`

`
` 16
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` 1 ROUGH DRAFT - Goodman
`
` 2 ancestors of the documents Rembrandt is
`
` 3 asserting against Samsung.
`
` 4 Q The provisional application?
`
` 5 A Yes.
`
` 6 Q Was one of them politician for the 838
`
` 7 patent?
`
` 8 A I don't recall if I looked at that one. I
`
` 9 certainly looked at a patent that issued ends
`
` 10 with with the number 626.
`
` 11 Q 626 patent.
`
` 12 Did you look at the application for that
`
` 13 or just the patent itself?
`
` 14 A I don't recall looking at the application
`
` 15 at least not in preparation not yesterday when
`
` 16 I was reviewing all of these things.
`
` 17 Q The prior art references you read in
`
` 18 preparation for your deposition, which were the
`
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`Goodman, David 11-18-14 ROUGH Transcript (CONF).txt
` 19 five principal prior art references a number of
`
` 20 supplemental prior art which you used for these
`
` 21 companies did you read though those all from
`
` 22 cover to cover?
`
` 23 A No.
`
` 24 Q You just read certain portions of them?
`
` 25 A Yes.
`
`

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` 17
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` 1 ROUGH DRAFT - Goodman
`
` 2 Q Had you read them all from cover to cover
`
` 3 previously?
`
` 4 MR. MILLER: Objection. Form.
`
` 5 A Would you repeat the question, please.
`
` 6 A Certain portions of what could you just
`
` 7 tell me what you're asking. Which ones are you
`
` 8 asking cover to cover.
`
` 9 Q Five principal prior references of and the
`
` 10 supplementallal references that you used for
`
` 11 obvious had had you read them from cover to
`
` 12 cover previously?
`
` 13 A No.
`
` 14 Q And you didn't read them all from cover to
`
` 15 cover yesterday in preparation for your
`
` 16 deposition?
`
` 17 A I did not.
`
` 18 Q You said you also met with lawyers in
`
` 19 preparation for your deposition of Dickstein
`
` 20 Shapiro?
`
` 21 A Yes.
`
` 22 Q Would you getting into the substance of
`
` 23 what you discussed who are the lawyers?
`
` 24 A Mr. Miller whose here now and Mr. Cardy.
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` 25 Q How many hours did you meet?
`
`

`
` 18
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` 1 ROUGH DRAFT - Goodman
`
` 2 A About eight. Eight and a half, I think.
`
` 3 Q All total how many hours do you think you
`
` 4 spent preparing for your deposition today?
`
` 5 A I'd say, between 16 and 20 hours.
`
` 6 Q Direct your attention to Page 1 of your CV
`
` 7 you are received your bachelor degree in 1960?
`
` 8 A That's right.
`
` 9 Q Coassisted your master in 1962?
`
` 10 A Yes.
`
` 11 Q Your Ph.D. while 1962?
`
` 12 A Yes.
`
` 13 Q In school did you study Bluetooth?
`
` 14 A It didn't exist I'm so old it didn't exist
`
` 15 when during my education.
`
` 16 Q Did you study computer networks in school?
`
` 17 MR. MILLER: Objection. Form.
`
` 18 A No.
`
` 19 Q Why not?
`
` 20 A Again, I don't know that there were any
`
` 21 computer networks.
`
` 22 Q Do you know when the first computer
`
` 23 network was introduced?
`
` 24 A I been quite interested in the history of
`
` 25 Internet Is met I was on a panel with
`
`

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` 19
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` 1 ROUGH DRAFT - Goodman
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` 2 Dr. Client rock recently whenever I look at the
`
` 3 history of the Internet I see his photo because
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`Goodman, David 11-18-14 ROUGH Transcript (CONF).txt
` 4 he received and transmitted the first message
`
` 5 over what's now the Internet I think was that
`
` 6 in the early 1970s. So that was -- there were
`
` 7 maybe some antecedents of that. But I think
`
` 8 computer networking really goes back to the
`
` 9 early 1970s, both conceptually and gradually,
`
` 10 practically.
`
` 11 Q Did you study microprocesses in school?
`
` 12 A No.
`
` 13 Q Did you study personal computers in
`
` 14 school?
`
` 15 A No.
`
` 16 Q Did you study mobile cellular networks in
`
` 17 school?
`
` 18 A No.
`
` 19 Q Did you study the Internet in school?
`
` 20 A No.
`
` 21 Q You're currently according to your CV, a
`
` 22 professor emeritus?
`
` 23 Am I pronouncing that correctly?
`
` 24 A Emeritus.
`
` 25 Q You're currently a professor of emeritus
`
`

`
` 20
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` 1 ROUGH DRAFT - Goodman
`
` 2 at NYU?
`
` 3 A ^^^Yes.
`
` 4 Q Professional?
`
` 5 A Yes.
`
` 6 Q What do you have as a professor merit to
`
` 7 us?
`
` 8 A I would say it's an hornry title so I can
`
` 9 choose my participation in university
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` 10 activities. I'm also designated presidential
`
` 11 fellow. So I'm available it give advise to the
`
` 12 university administration as well as
`
` 13 participating in research within my department
`
` 14 or within my research center.
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` 15 Q Do you do any let me ask again do did you
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` 16 teach any class as an professor outstanding?
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` 17 A I do not.
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` 18 Q Do you do any research as professor merit
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` 19 outstanding?
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` 20 A No.
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` 21 Q What specifically what percentage of your
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` 22 professional time do you currently spend as
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` 23 professor emeritus?
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` 24 A My professional time perhaps over a year
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` 25 obviously it varies from month to month. But
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`

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` 21
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` 1 ROUGH DRAFT - Goodman
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` 2 over a year maybe a quarter.
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` 3 Q And what did you do with the other three
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` 4 quarter of your professional time?
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` 5 A In terms of of the number of hour it is
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` 6 would be these consulting jobs. Let me say,
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` 7 I'm on various committees like I was on some
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` 8 government committees and now I'm on an
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` 9 advisory committee Rice university maybe that's
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` 10 a professor emeritus or somebody who has
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` 11 something to contribute to the activities of
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` 12 these committees.
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` 13 Q Now that you're no longer fume at the
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` 14 university what do you do to say current
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