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` UNITED STATES DISTRICT COURT
` FOR THE NORTHERN DISTRICT OF TEXAS
` DALLAS DIVISION
`SUMMIT 6, LLC, §
` §
` Plaintiff, §
` §
`v. §
` §
`RESEARCH IN MOTION CORP., §
`RESEARCH IN MOTION LIMITED,§ Civil Action No.
`SAMSUNG ELECTRONICS CO., § 3:11-cv-00367-O
`LTD., SAMSUNG §
`TELECOMMUNICATIONS AMERICA,§
`LLC, MULTIPLY, INC., §
`FACEBOOK, INC., AND §
`PHOTOBUCKET CORP., §
` §
` Defendants. §
`
` DEPOSITION OF VERNON THOMAS RHYNE IV
` Austin, Texas
` Friday, October 5th, 2012
`
`Reported by:
`Daniel J. Skur, Notary Public and CSR
`JOB NO. 54362
`
`TSG Reporting - Worldwide 877-702-9580
`
`Facebook v. TLI Communications
`IPR2014-00566 TLI Ex. 2008
`Page 1 of 18
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` UNITED STATES DISTRICT COURT
` FOR THE NORTHERN DISTRICT OF TEXAS
` DALLAS DIVISION
`SUMMIT 6, LLC, §
` §
` Plaintiff, §
` §
`v. §
` §
`RESEARCH IN MOTION CORP., §
`RESEARCH IN MOTION LIMITED,§ Civil Action No.
`SAMSUNG ELECTRONICS CO., § 3:11-cv-00367-O
`LTD., SAMSUNG §
`TELECOMMUNICATIONS AMERICA,§
`LLC, MULTIPLY, INC., §
`FACEBOOK, INC., AND §
`PHOTOBUCKET CORP., §
` §
` Defendants. §
`
` DEPOSITION OF VERNON THOMAS RHYNE IV
` Austin, Texas
` Friday, October 5th, 2012
`
`Reported by:
`Daniel J. Skur, Notary Public and CSR
`JOB NO. 54362
`
`TSG Reporting - Worldwide 877-702-9580
`
`Facebook v. TLI Communications
`IPR2014-00566 TLI Ex. 2008
`Page 1 of 18
`
`
`
` October 5th, 2012
` 9:11 a.m. - 3:31 p.m.
`
`Page 2
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` Deposition of VERNON THOMAS RHYNE
` IV, held at the offices of DLA Piper, 401
` Congress Avenue, Suite 2500, Austin, Texas,
` before Daniel J. Skur, Notary Public and
` Certified Shorthand Reporter in and for the
` State of Texas.
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`TSG Reporting - Worldwide 877-702-9580
`
`Facebook v. TLI Communications
`IPR2014-00566 TLI Ex. 2008
`Page 2 of 18
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`A P P E A R A N C E S:
` McKool Smith
` Attorney(s) for Plaintiff
` 300 W. 6th Street
` Austin, Texas 78701
` BY: James Quigley, Esq.
` Josh Budwin, Esq.
`
` DLA Piper
` Attorneys for Samsung Electronics
` Corporation and Samsung Telecommunications
` America
` 401 Congress Avenue
` Austin, Texas 78701
` BY: Todd Patterson, Esq.
`
` Kirkland & Ellis
` Attorney(s) for Facebook
` 655 Fifteenth Street, N.W.
` Washington, D.C. 20005
` BY: Corey Manley, Esq.
` Christopher Nalevanko, Esq.
`
`
`ALSO PRESENT: Bill Burns, Videographer
`
`TSG Reporting - Worldwide 877-702-9580
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`IPR2014-00566 TLI Ex. 2008
`Page 3 of 18
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` IT IS HEREBY STIPULATED AND AGREED
` by and between the attorneys for the
` respective parties herein, that filing and
` sealing be and the same are hereby waived.
` IT IS FURTHER STIPULATED AND AGREED
` that all objections, except as to the form
` of the question, shall be reserved to the
` time of the trial.
` IT IS FURTHER STIPULATED AND AGREED
` that the within deposition may be sworn to
` signed before any officer authorized to
` administer an oath, with the same force and
` effect as if signed and sworn to before the
` Court.
` - oOo -
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`
`Facebook v. TLI Communications
`IPR2014-00566 TLI Ex. 2008
`Page 4 of 18
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` Rhyne
` P R O C E E D I N G S 09:10
` (Deposition Exhibit 1 marked.) 09:10
` (Deposition Exhibit 2 marked.) 09:10
` (Deposition Exhibit 3 marked.) 09:10
` VIDEOGRAPHER: This is the 09:11
` videotaped deposition of Dr. Thomas Rhyne 09:11
` taken in the matter of Summit 6, LLC versus 09:11
` Research In Motion in the United States 09:11
` District Court, Northern District of Texas, 09:11
` Dallas Division, Number 3:11-CV-00367-0. 09:11
` Deposition is being held at DLA Piper at 09:11
` 401 Congress in Austin, Texas. Today's 09:11
` date is October 5th, 2012. We're on the 09:11
` record at 9:11. 09:11
` VERNON THOMAS RHYNE IV, 09:11
` having been duly sworn, testified as follows: 09:11
` (9:11 a.m.) 09:11
` EXAMINATION 09:11
`BY MR. QUIGLEY: 09:11
` Q. Good morning, Dr. Rhyne. 09:11
` A. Morning, Mr. Quigley. 09:11
` Q. Dr. Rhyne, I believe the court 09:11
`reporter just sore you in, but do you 09:11
`understand that you're under oath here this 09:11
`
`TSG Reporting - Worldwide 877-702-9580
`
`Facebook v. TLI Communications
`IPR2014-00566 TLI Ex. 2008
`Page 5 of 18
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` Rhyne
`morning? 09:11
` A. I do. 09:11
` Q. And do you understand that the 09:11
`testimony that you're going to give this 09:12
`morning has the same legal effect as if you 09:12
`were appearing live in court? 09:12
` A. Yes, I do. 09:12
` Q. And do you understand that the 09:12
`penalty of perjury applies here today just as 09:12
`it does in a court of law? 09:12
` A. Yes, I do. 09:12
` Q. And Dr. Rhyne, are you under the 09:12
`influence of any drug, medication, alcohol or 09:12
`other substance that prevents you from 09:12
`testifying truthfully today? 09:12
` A. No, I'm not. 09:12
` Q. And how many times have you been 09:12
`deposed before, Dr. Rhyne? 09:12
` A. I don't know exactly. 09:12
` Q. Have you been deposed in any non -- 09:12
`strike that. 09:12
` Have you ever been deposed in a case 09:12
`that you were not a consultant or a testifying 09:12
`expert? 09:12
`
`TSG Reporting - Worldwide 877-702-9580
`
`Facebook v. TLI Communications
`IPR2014-00566 TLI Ex. 2008
`Page 6 of 18
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` Rhyne
` A. I don't think so. There may be some 09:12
`exception in the distant past, but I don't 09:12
`think so. 09:12
` Q. And Dr. Rhyne, you've been retained 09:12
`as an expert witness on behalf of Facebook and 09:12
`Samsung, correct? 09:12
` A. Yes. 09:12
` Q. And have you been retained in this 09:12
`case for any other purposes other than validity 09:12
`of the patents-in-suit? 09:12
` A. I think my expert report, which 09:12
`you're going to make, I guess, Ryan Exhibit 09:12
`Number 1, listed all the topics that I'm -- 09:13
`have been asked to opine on, and I think it's 09:13
`reasonable to say they all fall under the 09:13
`general category of either invalidity or lack 09:13
`of enforceability. 09:13
` Q. If the court reporter would -- I 09:13
`believe the court reporter's marked Exhibit 1. 09:13
`Can you please verify that -- 09:13
` A. Sure. 09:13
` Q. -- Exhibit 1 is your expert report 09:13
`from August 1st, 2012? 09:13
` A. It certainly appears to be. 09:13
`
`TSG Reporting - Worldwide 877-702-9580
`
`Facebook v. TLI Communications
`IPR2014-00566 TLI Ex. 2008
`Page 7 of 18
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` Rhyne
` Q. And can you also verify that what 09:13
`the court reporter has marked as Exhibit 2 is 09:13
`your supplemental report from September 14th, 09:13
`2012? 09:13
` A. It certainly appears to be. 09:13
` Q. And Dr. Rhyne, can you also please 09:14
`verify that what the court reporter has marked 09:14
`as Exhibit 3 is your supplemental report of 09:14
`October 1st, 2012? 09:14
` A. They get much shorter as you go 09:14
`through. October the 1st of this year, I 09:14
`believe that is that report. 09:14
` Q. Thank you, Dr. Rhyne. 09:14
` A. If it's okay, if you need reference, 09:14
`I brought one that's bound in a three-ring 09:14
`binder, and I'll be less likely to misorder a 09:14
`page. 09:14
` Q. That's just fine. You can use your 09:14
`binder with your reports. 09:14
` A. Yeah, you can certainly feel free to 09:14
`inspect it, but to the best of my knowledge, I 09:14
`have not made any markings in here. 09:14
` Q. That's fine. Now Dr. Rhyne, how 09:14
`much have you charged to date in this case? 09:14
`
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`
`Facebook v. TLI Communications
`IPR2014-00566 TLI Ex. 2008
`Page 8 of 18
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` Rhyne
` A. I think something in the 09:15
`neighborhood of 80, $85,000 for the work that 09:15
`I've done so far. 09:15
` Q. So so far on this case, between both 09:15
`Samsung and Facebook, you've charged around 09:15
`$85,000? 09:15
` A. I took that to be -- I don't 09:15
`understand how that's different from the 09:15
`previous question. 09:15
` Q. I'm sorry. So you're here today on 09:15
`behalf of both Facebook and Samsung, correct? 09:15
` A. Yes. 09:15
` Q. And the totality of the work that 09:15
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`you've charged around $85,000? 09:15
` A. Yes. I've invoiced the Kirkland & 09:15
`Ellis law firm in both cases, and whatever 09:15
`divisional -- division of my invoice has been 09:15
`made between these two defendants I'm not a 09:15
`party to, so I have invoiced the Kirkland & 09:15
`Ellis firm for something between 80 and 09:15
`$90,000, as best I recall. 09:15
` Q. How many hours have you worked on 09:15
`this case, Dr. Rhyne? 09:15
`
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`
`Facebook v. TLI Communications
`IPR2014-00566 TLI Ex. 2008
`Page 9 of 18
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` Rhyne
` A. Through the period for those two 09:15
`invoices, it was almost 120 hours, I think. I 09:16
`believe that's a correct summary, and I've 09:16
`worked on the case some more after those 09:16
`invoices ended, which may have been August or 09:16
`mid-September, probably another 20 to 30 hours. 09:16
` Q. So to date on this case, you've 09:16
`worked approximately 140 to 150 hours? 09:16
` A. That's the best -- I can't give you 09:16
`an accurate accounting without consulting my 09:16
`personal records, but I believe that's a 09:16
`reasonable estimate. 09:16
` Q. Dr. Rhyne, what's your hourly rate 09:16
`that you charge in this case? 09:16
` A. $650 an hour and I do not have what 09:16
`some experts call hazardous duty pay. I don't 09:16
`apply a multiplier for being here today or 09:16
`being at trial, if we go to trial. 09:16
` Q. And Dr. Rhyne, do you own any stock 09:16
`in Facebook? 09:16
` A. No. 09:16
` Q. And Dr. Rhyne, do you own any stock 09:16
`in Samsung? 09:17
` A. No. 09:17
`
`TSG Reporting - Worldwide 877-702-9580
`
`Facebook v. TLI Communications
`IPR2014-00566 TLI Ex. 2008
`Page 10 of 18
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` Rhyne
` Q. Dr. Rhyne, how many times have you 09:17
`been engaged as an expert witness previously? 09:17
` A. I don't know exactly. 09:17
` Q. More than ten times? 09:17
` A. Much more than 10. 09:17
` Q. More than 20 times? 09:17
` A. Much more than 20. I've been doing 09:17
`this 30 years, so I would say it's probably, in 09:17
`one way or another, approaching maybe a hundred 09:17
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` Q. Dr. Rhyne, have you ever been a 09:17
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`prior to this case? 09:17
` A. I don't have a recollection of doing 09:17
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`represented multiple defendants, much as I do 09:17
`now, where the number of defendants was much 09:17
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`there may have been a case where Samsung was 09:17
`one of the defendants. I just don't have a 09:17
`recollection of ever working for Samsung. 09:17
` Q. Sitting here today, Dr. Rhyne, you 09:18
`have no recollection of ever having consulted 09:18
`for or been an expert for Samsung? 09:18
`
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`Facebook v. TLI Communications
`IPR2014-00566 TLI Ex. 2008
`Page 11 of 18
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` Rhyne
` A. I don't, not in the sense of working 09:18
`closely with an attorney or anyone from 09:18
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` Q. And Dr. Rhyne, sitting here today, 09:18
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`Facebook? 09:18
` A. I'm fairly certain that's never 09:18
`happened before. 09:18
` Q. And Dr. Rhyne, aside from being an 09:18
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` A. I left full-time employment in 1998. 09:18
` Q. What were you doing in 1998? 09:18
` A. I worked for Motorola here in Austin 09:18
`in their intellectual property and technology 09:18
`transfer group. 09:18
` Q. So since 1998 when you left 09:18
`Motorola, have you earned any income other than 09:18
`as an expert witness? 09:18
` A. Yes. 09:18
` Q. And how long have you earned income 09:18
`other than as an expert witness since 1998? 09:19
` A. Through other forms of investment. 09:19
`
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`IPR2014-00566 TLI Ex. 2008
`Page 12 of 18
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` Rhyne
`My wife and I operate a timber farm on some 09:19
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`had nothing to do with intellectual property. 09:19
` Q. Dr. Rhyne, are you the named 09:19
`inventor of any patents? 09:19
` A. No. 09:19
` Q. Now, Dr. Rhyne, you've asserted that 09:19
`a number of references invalidate the 09:19
`patents-in-suit in this case, correct? 09:19
` A. Yes. 09:19
` Q. Now, which of these references is 09:19
`the strongest reference as it relates to 09:19
`invalidity, in your opinion? 09:19
` MR. MANLEY: Objection, vague. 09:19
` A. Yeah. I haven't made any ranking of 09:19
`the references from a point of view of whatever 09:20
`you may mean by strongest. I think each 09:20
`and every one of them, considered individually 09:20
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`or collectively in an obviousness opinion, 09:20
`makes the asserted claims from Summit 6 09:20
`invalid, and I haven't tried to rank them in 09:20
`any way. 09:20
`BY MR. QUIGLEY: 09:20
` Q. So in your opinion, are each of the 09:20
`references that you assert invalidate the 09:20
`patents-in-suit equally strong? 09:20
` A. I haven't formed any opinion one way 09:20
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`explain in my reports, each of them does, so I 09:20
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`rank them, and I have not done so. 09:20
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`Facebook v. TLI Communications
`IPR2014-00566 TLI Ex. 2008
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` (Deposition Exhibit 24 marked.) 02:15
` A. Thanks. 02:15
`BY MR. QUIGLEY: 02:15
` Q. Dr. Rhyne, is Exhibit 24 that you've 02:15
`been handed the Mattes patent that you discuss 02:15
`in your report? 02:15
` A. Yes. 02:15
` Q. And how does the Mattes patent work, 02:15
`Dr. Rhyne? 02:15
` MR. MANLEY: Objection, vague. 02:15
` A. The patent describes a communication 02:15
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`TSG Reporting - Worldwide 877-702-9580
`
`Facebook v. TLI Communications
`IPR2014-00566 TLI Ex. 2008
`Page 15 of 18
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`system for recording and administering data 02:15
`using a telephone unit that consists of at 02:15
`least what they call a digital image pickup 02:16
`unit, you could think of that as a digital 02:16
`camera in a sense, telephone memory and 02:16
`processor in this telephone unit. The image 02:16
`pickup unit would capture a digital image and 02:16
`then store them in the telephone memory, and as 02:16
`disclosed in Mattes, the processor in the 02:16
`telephone unit would then reduce the size of 02:16
`the stored image by applying the JPEG image 02:16
`compression algorithm and subsequently 02:16
`transmitting the images in JPEG compressed form 02:16
`from the telephone unit to a server. 02:16
`BY MR. QUIGLEY: 02:16
` Q. Now, is the evidence cited in your 02:16
`reports, Exhibits 1 through 3, the totality of 02:16
`the evidence that you believe invalidates the 02:16
`patents-in-suit as it relates to the Mattes 02:16
`patent? 02:16
` A. I believe that's a fair statement. 02:16
`I have not, in my additional review of Mattes 02:17
`since I wrote my first report, identified any 02:17
`additional citations or any other evidence 02:17
`
`TSG Reporting - Worldwide 877-702-9580
`
`Facebook v. TLI Communications
`IPR2014-00566 TLI Ex. 2008
`Page 16 of 18
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`relative to Mattes that I would point out to 02:17
`you. 02:17
` Q. You can put aside that Exhibit 24. 02:17
` A. Thank you. 02:17
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`TSG Reporting - Worldwide 877-702-9580
`
`Facebook v. TLI Communications
`IPR2014-00566 TLI Ex. 2008
`Page 17 of 18
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` Rhyne
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` __________________________
` VERNON THOMAS RHYNE IV
`
`Subscribed and sworn to before me
`this _____ day of _______________, 2012.
`
`TSG Reporting - Worldwide 877-702-9580
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`Facebook v. TLI Communications
`IPR2014-00566 TLI Ex. 2008
`Page 18 of 18
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