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`
` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`PETROLEUM GEO-SERVICES, )
` Petitioner, ) Case No.
` ) IPR2014-00687,
` vs. ) -00688, -00689
` )
`WESTERNGECO, )
` Patent Owner. )
`----------------------------x
`
` DEPOSITION OF JACK COLE, PH.D.
`
` Washington, D.C.
` Thursday, February 12, 2015
`
` ** REVISED **
`
`Reported by: Lori J. Goodin, RPR, CLR, CRR
` Realtime Systems Administrator
`JOB NO. 90108
`
`TSG Reporting - Worldwide 877-702-9580
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`PGS v. WESTERNGECO (IPR2014-00689)
`WESTERNGECO Exhibit 2041, pg. 1
`
`

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`Page 2
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`Page 3
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`1 A P P E A R A N C E S:
`
`23
`
` On Behalf of Petitioner:
`4
` WILLIAMS & CONNOLLY
`5
` 725 Twelfth Street, Northwest
`6
` Washington, D.C. 20005
`7
` BY: JESSAMYN BERNIKER, ESQUIRE
`8
` BY: ALEC SWAFFORD, ESQUIRE
`9
` BY: THOMAS FLETCHER, ESQUIRE
`10
` BY: DAVID BERL, ESQUIRE
`11 AND
`12
` PETROLEUM GEO-SERVICES
`13
` 15150 Memorial Drive
`14
` Houston, Texas 77079
`15
` BY: KEVIN HART, ESQUIRE
`16
`17
` On Behalf of Patent Owner:
`18
` OBLON MCCLELLAND MAIER &
`19
` NEUSTADT
`20
` 1940 Duke Street
`21
` Alexandria, Virginia 22314
`22
` BY: SCOTT MCKEOWN, ESQUIRE
`23
` CHRISTOPHER BULLARD, ESQUIRE
`24 AND
`25
`///
`
`Page 5
`
`1
` J. Cole, Ph.D.
`2
` JACK COLE, PH.D.,
`3
`having been first duly sworn, testified as
`4
`follows:
`5
` EXAMINATION 08:38
`6
`BY MR. BULLARD: 08:38
`7
` Q. Good morning, Dr. Cole. 08:41
`8
` A. Good morning. 08:41
`9
` Q. Let's start by making -- 08:41
`10
` A. Excuse me, sir, would you speak a 08:41
`11
`little louder, please. 08:41
`12
` Q. Thank you. Thank you for telling 08:41
`13
`me. And if at any time today you can't hear me 08:41
`14
`or understand my question, please let me know. 08:41
`15
` A. Yes, thank you. 08:41
`16
` Q. My name is Chris Bullard, and I 08:41
`17
`represent WesternGeco, and I'm here today with 08:41
`18 Mr. Scott McKeown and also with Simeon 08:41
`19
`Papacostas. 08:42
`20
` THE WITNESS: I am sorry. I didn't 08:42
`21
` get your name. 08:42
`22
` MR. PAPACOSTAS: Simeon Papacostas. 08:42
`23
` THE WITNESS: Okay. Thank you, sir. 08:42
`24
` MS. BERNIKER: Jessamyn Berniker on 08:42
`25
` behalf of petitioner. And with me are Alec 08:42
`2 (Pages 2 to 5)
`
` February 12, 2015
` 8:41 a.m.
`
` Deposition of JACK COLE, PH.D., held
` at Williams & Connolly, 725 12th Street,
` Northwest, Washington, D.C. before Lori J.
` Goodin, RPR, CLR, CRR, a Notary Public of
` the District of Columbia.
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`Page 4
`1 A P P E A R A N C E S (CONTINUED):
`
` On Behalf of Patent Owner:
` KIRKLAND & ELLIS
` 300 North LaSalle
` Chicago, Illinois 60654
` BY: SIMEON PAPACOSTAS, ESQUIRE
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`TSG Reporting - Worldwide 877-702-9580
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`PGS v. WESTERNGECO (IPR2014-00689)
`WESTERNGECO Exhibit 2041, pg. 2
`
`

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`Page 6
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`Page 7
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`1
` J. Cole, Ph.D.
`2
` Swafford and Tom Fletcher, and Kevin Hart 08:42
`3
` for petitioner. 08:42
`4
`BY MR. BULLARD: 08:42
`5
` Q. So, Dr. Cole, have you been deposed 08:42
`6
`before? 08:42
`7
` A. No, sir. 08:42
`8
` Q. Have you worked in patent related 08:42
`9 matters before? 08:42
`10
` A. Yes, sir. I am an inventor. 08:42
`11
` Q. Okay. Have you ever done any 08:42
`12
`testifying outside of being deposed? 08:42
`13
` A. No, sir. 08:42
`14
` Q. So, today is a deposition. And I 08:42
`15
`will just go over a little bit of how this 08:42
`16
`works. 08:42
`17
` So, do you understand that while 08:42
`18
`there is no judge or jury here today, that you 08:42
`19
`are giving testimony, and that your testimony 08:42
`20
`is under oath? 08:42
`21
` A. Yes, sir. 08:42
`22
` Q. Okay. And, as I say, if you do not 08:42
`23
`hear my questions or understand my questions, 08:42
`24
`will you let me know? 08:43
`25
` A. Yes, sir. 08:43
`
`Page 8
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` J. Cole, Ph.D.
`reporter. 08:43
` So, I ask you if you do respond, to 08:43
`please do so without making these type of 08:44
`gestures. Is that all right? 08:44
` A. Excuse me, sir, I'm used to using my 08:44
`hands or something when I'm talking. Is that 08:44
`okay? 08:44
` Q. You can be expressive while you 08:44
`talk. We just want to make sure that your 08:44
`testimony is clear on the record. 08:44
` A. I understand. Yes, sir. 08:44
` Q. If you respond with a nod or a 08:44
`grunt, nothing else, we can't get that down 08:44
`on the record. And we want to make sure that 08:44
`we do. 08:44
` And so from time to time, as I'm 08:44
`asking you questions, your counsel may object 08:44
`to a question. So, unless I agree to rephrase 08:44
`the question or withdraw it, I'm going to ask 08:44
`you to answer the question. Is that okay? 08:44
` A. Yes, sir. 08:44
` Q. All right. And, like I say, please 08:44
`let me know if you haven't finished a question, 08:44
`but also let me know if you need a break. So, 08:44
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` Q. And, so, if you do answer, I will 08:43
`assume that you heard and understood the 08:43
`question. Is that fair enough? 08:43
` A. Did you say, is that fair? 08:43
` Q. I'm sorry. 08:43
` A. If you would speak a little louder. 08:43
` Q. I will try to speak a little louder. 08:43
`I try not to shout. 08:43
` A. No, I know, but I'm used to speaking 08:43
`with a little better volume. I am more 08:43
`comfortable with that, if I may say so. 08:43
` Q. Thank you for letting me know. 08:43
` A. Thank you. 08:43
` Q. So, just to repeat, so if you do 08:43
`answer, we will assume that you heard and 08:43
`understood our questions. 08:43
` A. I agree. 08:43
` Q. Okay. So, today you are doing a 08:43
`great job. You are giving oral testimony, and 08:43
`your testimony is being recorded by our court 08:43
`reporter. 08:43
` But, because it is oral testimony, 08:43
`if you respond with a shrug, or a nod, or a 08:43
`gesture, they may not be picked up by the court 08:43
`Page 9
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` J. Cole, Ph.D.
`will you let me know if you need a break? 08:44
` A. Yes, I will. 08:44
` Q. Just before we get started, is there 08:44
`any reason at all today that you would not be 08:44
`able to give full and complete answers to the 08:44
`questions that I'm going to ask? 08:44
` A. Not that I'm aware of, sir. 08:45
` Q. All right. So, let's set the stage 08:45
`a little bit. 08:45
` Are you here today to, for your 08:45
`deposition relating to declarations that were 08:45
`filed in IPRs 2014-00687, 00688 and 00689? 08:45
` A. Can I get an affirmation on the 08:45
`numbers? I don't remember the numbers, sir. 08:45
` Q. Certainly, please take a moment. 08:45
`So, why don't we -- let's take a step back. 08:45
` So, you are here today for a 08:45
`deposition relating to declarations that you 08:45
`prepared; is that correct? 08:45
` A. That's correct. 08:45
` Q. And those depositions were relating 08:45
`to patents; is that correct? 08:45
` A. That's correct. 08:45
` Q. Now, I'm going to hand you several 08:45
`3 (Pages 6 to 9)
`
`TSG Reporting - Worldwide 877-702-9580
`
`PGS v. WESTERNGECO (IPR2014-00689)
`WESTERNGECO Exhibit 2041, pg. 3
`
`

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`Page 10
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`Page 11
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` J. Cole, Ph.D.
`patents in turn. And I want you to confirm 08:45
`that these are the patents that you prepared 08:45
`declarations related to. Is that all right? 08:46
` A. Yes, sir. 08:46
` Q. Okay. So, we are going to start 08:46
`with U.S. patent number 7,162,967. And this 08:46
`has already been entered into the record in 08:46
`IPR2014-00687 -- 08:46
` A. Thanks. 08:46
` Q. -- as Exhibit 1001. 08:46
` So, is this a copy of U.S. patent 08:46
`number 7,162,967? 08:46
` A. The question is, is that the patent 08:46
`I'm holding in my hand? 08:46
` Q. Yes. 08:46
` A. Yes, sir. 08:46
` Q. And can I refer to this as the '967 08:46
`patent, just for ease as we go through? 08:46
` A. Yes. 08:46
` Q. Okay. Now I'm going to hand you a 08:46
`declaration. It is titled The Declaration of 08:46
`Dr. Jack Cole. And this is already entered 08:47
`into IPR2014-00687 as Exhibit 1003. 08:47
` And, is this a copy of your 08:47
`Page 12
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`declaration relating to the '967 patent? 08:47
` A. It appears to be. I haven't gone 08:47
`totally through it, but I'm assuming that it is 08:47
`from the numbers. 08:47
` Q. Okay. So, did you have an 08:47
`opportunity to fully review your declaration as 08:47
`you, as it was filed in advance of this 08:47
`deposition today? 08:47
` A. Yes sir, I did. 08:47
` Q. Okay. Were there any errors that 08:47
`you found in that declaration as part of your 08:47
`review for today? 08:47
` A. I did not find any errors. 08:47
` Q. Okay. Great. Thank you. 08:47
` So let's just walk through the other 08:47
`patents and declarations so that you have them 08:47
`in front of you for our conversation today. 08:48
` Next I'm going to hand you -- 08:48
` A. Excuse me, sir, would you repeat 08:48
`that statement you just made? 08:48
` Q. So, next I'm going to hand you the 08:48
`other patents and declarations that we will be 08:48
`talking about today. Is that all right? 08:48
` A. Yes, sir. 08:48
`
`Page 13
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` J. Cole, Ph.D.
` Q. Great. So, next I'm going to hand 08:48
`you a copy of U.S. patent number 7,080,607, 08:48
`which has been made of record already as 08:48
`Exhibit 1001 in IPR2014-00688. 08:48
` Is this a copy of U.S. patent 08:48
`7,080,607 that I have handed you? 08:48
` A. Yes, sir. 08:48
` Q. Do you mind if I refer to that as 08:48
`the '607 patent, going forward? 08:48
` A. No, sir. 08:48
` Q. Great. And now I'm going to hand 08:48
`you a copy of your declaration related to the 08:49
`'607 patent, which has already been entered 08:49
`into the record as Exhibit 1003 in 08:49
`IPR2014-00688. Is this a copy of the 08:49
`declaration that you prepared -- 08:49
` A. It appears to be, sir. 08:49
` Q. -- for the '607? Thank you. 08:49
` And, just like the other 08:49
`declaration, did you get a chance to review 08:49
`this declaration prior to your deposition 08:49
`today? 08:49
` A. Yes, sir. 08:49
` Q. And were there any errors in this 08:49
`
` J. Cole, Ph.D.
`declaration? 08:49
` A. I did not find any errors. 08:49
` Q. Okay. Thank you. And the last 08:49
`patent I'm going to hand you now is U.S. patent 08:49
`number 7,293,520. This has already been 08:49
`entered into the record as Exhibit 1001 in 08:50
`IPR2014-00689. 08:50
` Do you mind if I refer to this as 08:50
`the '520 patent? 08:50
` A. No, sir. 08:50
` MS. BERNIKER: Could you just repeat 08:50
` the exhibit number? I'm sorry. 08:50
` MR. BULLARD: I'm sorry. This has 08:50
` been entered as Exhibit Number 1001 in 08:50
` IPR2014-00689. 08:50
` MS. BERNIKER: Thank you. 08:50
`BY MR. BULLARD: 08:50
` Q. Next I'm going to hand you -- oh, is 08:50
`that a copy of the '520 patent that I have just 08:50
`handed you? 08:50
` A. Yes, sir, it appears to be. 08:50
` Q. Next I'm going to hand you a copy of 08:50
`your declaration prepared relating to the '520 08:50
`patent, which has already been entered as 08:50
`4 (Pages 10 to 13)
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`PGS v. WESTERNGECO (IPR2014-00689)
`WESTERNGECO Exhibit 2041, pg. 4
`
`

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` J. Cole, Ph.D.
`Exhibit 1003 in IPR2014-00689. 08:50
` Is this a copy of the declaration 08:51
`you prepared relating to the '520 patent? 08:51
` A. Yes, sir, it appears to be. 08:51
` Q. And did you get a chance to review 08:51
`this declaration -- 08:51
` A. Yes, sir, I did. 08:51
` Q. -- in advance of our deposition 08:51
`today? 08:51
` And, are there any errors? 08:51
` A. I did not find any errors. 08:51
` Q. Great, thank you. 08:51
` So, let's just start generally by 08:51
`talking about how these declarations came 08:51
`together. Who first contacted you to work on 08:51
`this matter? 08:51
` A. Williams & Connolly law firm. 08:51
` Q. And, in that initial conversation, 08:51
`did they tell you what this matter was about? 08:51
` A. Sir, I don't recall. 08:52
` Q. Okay. At any point before you were 08:52
`engaged by Williams & Connolly, did you have to 08:52
`investigate whether you had any conflicts with 08:52
`the companies involved? 08:52
`Page 16
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` J. Cole, Ph.D.
`2
` A. Yes, I did. 08:52
`3
` Q. And what companies did you 08:52
`4
`investigate to see whether they would present a 08:52
`5
`conflict for you? 08:52
`6
` A. Did I investigate the companies? 08:52
`7
` Q. Let me rephrase that, if you are 08:52
`8
`confused by that. 08:52
`9
` A. If you will, please. 08:52
`10
` Q. When you looked to see whether there 08:52
`11
`was a conflict, what companies did Williams & 08:52
`12
`Connolly ask you to determine whether there 08:52
`13
`would be a conflict? 08:52
`14
` A. This is, this is a recollection, 08:52
`15
`sir. 08:52
`16
` Q. Yes, thank you. 08:52
`17
` A. Western Atlas. 08:52
`18
` Q. Okay. 08:53
`19
` A. I can't, I can't recall any 08:53
`20
`others -- 08:53
`21
` Q. Did -- 08:53
`22
` A. -- at this time. I'm sorry, I said 08:53
`23 Western Atlas. I meant, I think it is 08:53
`24 WesternGeco. 08:53
`25
` Q. WesternGeco. 08:53
`
`Page 17
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` J. Cole, Ph.D.
`2
` A. WesternGeco. Correct it, please. 08:53
`3
` Q. Okay. Did you enter into an 08:53
`4
`engagement agreement with Williams & Connolly? 08:53
`5
` A. Yes, I did. 08:53
`6
` Q. And prior to that engagement 08:53
`7
`agreement being entered into, did you talk to 08:53
`8
`any other attorneys from law firms or companies 08:53
`9
`other than Williams & Connolly? 08:53
`10
` A. You are talking about in regard to 08:53
`11
`this -- 08:53
`12
` Q. In regards to this matter. 08:53
`13
` A. That's correct. 08:53
`14
` Q. So did you talk to anyone, any 08:53
`15
`attorneys other than the attorneys from 08:53
`16 Williams & Connolly regarding this matter, 08:54
`17
`prior to signing your engagement? 08:54
`18
` A. That's correct. 08:54
`19
` Q. Did you? 08:54
`20
` A. Did I? No. I'm sorry. 08:54
`21
` Q. Oh, you did not. 08:54
`22
` So, did Williams & Connolly tell you 08:54
`23
`prior to your engagement what companies this 08:54
`24
`matter would involve? 08:54
`25
` A. They informed me that it would 08:54
`
` J. Cole, Ph.D.
`involve PGS, sir. 08:54
` Q. Did they let you know that any other 08:54
`companies were involved in this matter? 08:54
` A. I'm going to have to think about 08:54
`that, because we haven't been discussing that 08:54
`lately. And to go back, as I recall, it was a 08:54
`conflict between WesternGeco and PGS, as best I 08:54
`can frame it right now. 08:55
` Q. And, you indicated that you signed 08:55
`an engagement agreement with Williams & 08:55
`Connolly. 08:55
` Did you sign more than one 08:55
`engagement agreement with Williams & Connolly? 08:55
` A. Not that I remember. 08:55
` Q. Before becoming engaged for this 08:55
`matter, did you have any prior contact with 08:55
`PGS? 08:55
` A. Here is where I am, I want to make 08:55
`sure that you understand. I'm an active member 08:55
`of the Society of Exploration Geophysicists. I 08:55
`may have encountered PGS salespeople at 08:55
`offshore technology conferences, et cetera. 08:55
` But that's my limit. I never had 08:56
`any business relationship with them or any 08:56
`5 (Pages 14 to 17)
`TSG Reporting - Worldwide 877-702-9580
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`PGS v. WESTERNGECO (IPR2014-00689)
`WESTERNGECO Exhibit 2041, pg. 5
`
`

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`Page 18
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` J. Cole, Ph.D.
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`other thing. 08:56
`3
` Q. Okay. 08:56
`4
` A. It would have been a casual contact, 08:56
`5
`if I did. 08:56
`6
` Q. Well -- 08:56
`7
` A. And I don't remember specifically, 08:56
`8
`but I'm saying I could have. 08:56
`9
` Q. Let me be a little bit more 08:56
`10
`specific -- 08:56
`11
` A. Yes, if you will, please. 08:56
`12
` Q. -- about the types and time frames 08:56
`13
`of contact. 08:56
`14
` So, let's start with your initial 08:56
`15
`contact with the Williams & Connolly firm. 08:56
`16
` A. Yes. 08:56
`17
` Q. When did they initially contact you? 08:56
`18
` A. As I recall right now it was 08:56
`19
`sometime in December 2013. 08:56
`20
` Q. And who did you talk to at the 08:56
`21 Williams & Connolly firm? 08:56
`22
` A. There is a Williams, is it William 08:56
`23
`Doffermyre, I think, as best I recall. I 08:56
`24
`haven't talked with him much since then. 08:56
`25
` Q. And did you talk to anyone else at 08:56
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` J. Cole, Ph.D.
`2 Williams & Connolly prior to your engagement? 08:56
`3
` A. I don't recall, sir. 08:56
`4
` Q. Okay. 08:56
`5
` A. Before coming here to meet with him, 08:56
`6
`I don't recall. 08:57
`7
` Q. And prior to this deposition, 08:57
`8
`without getting into the details of your 08:57
`9
`conversation, did you talk to any of your 08:57
`10
`attorneys, the attorneys from Williams & 08:57
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`Connolly? 08:57
`12
` A. Would you repeat that question, sir? 08:57
`13
` Q. Yes. In preparation for this 08:57
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`deposition? 08:57
`15
` A. In preparation for the deposition. 08:57
`16
` Q. Did you speak with any attorneys 08:57
`17
`from Williams & Connolly? 08:57
`18
` A. May I paraphrase that, sir? 08:57
`19
` Q. If you don't understand the 08:57
`20
`question, please. 08:57
`21
` A. Yes. What I understand you are 08:57
`22
`asking me is that prior to preparing these 08:57
`23
`declarations, did I contact with anyone else, 08:57
`24
`have contact with any other attorneys at 08:57
`25 Williams & Connolly. Yes, sir, I did. 08:57
`Page 21
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`
` J. Cole, Ph.D.
` Q. Okay. And let's talk about the 08:57
`deposition today. 08:57
` Did you have any discussions with 08:58
`the attorneys from Williams & Connolly prior to 08:58
`the deposition today? 08:58
` A. Yes, I did. 08:58
` Q. And who did you speak with? 08:58
` A. I certainly spoke with Jessamyn. 08:58
` MS. BERNIKER: It is okay if you 08:58
` don't remember. 08:58
` THE WITNESS: I'm sorry, the ones in 08:58
` the room, certainly. 08:58
`BY MR. BULLARD: 08:58
` Q. Okay. Thank you. 08:58
` A. I'm sorry, I have a little bit of 08:58
`trouble recalling names. 08:58
` Q. It afflicts us all. 08:58
` A. Thank you. 08:58
` Q. So, how long did you spend with them 08:58
`discussing your declarations prior to this 08:58
`deposition? 08:58
` MS. BERNIKER: Objection. Sorry. 08:58
` Go ahead. 08:58
` THE WITNESS: I'm not comfortable 08:58
`
`1
` J. Cole, Ph.D.
`2
` with answering that, sir. 08:58
`3
`BY MR. BULLARD: 08:59
`4
` Q. So, do you have any, did you have 08:59
`5
`any contact with a company called ION prior to 08:59
`6
`being engaged? 08:59
`7
` A. Could I ask you in what context you 08:59
`8
`are talking about having contact with ION, sir? 08:59
`9
` Q. Well, let's make it more broad and 08:59
`10
`simple. You indicated that in your work in 08:59
`11
`industry, you meet a lot of different people. 08:59
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` A. I meet a lot of people, yes. 08:59
`13
` Q. Is that correct? 08:59
`14
` A. That's correct. 08:59
`15
` Q. And do those people include people 08:59
`16
`from ION? 08:59
`17
` A. Uh-huh. I would have to take you 08:59
`18
`back in history. I don't know too much about 08:59
`19
`ION as it is today. As I understand ION, and I 08:59
`20 may be wrong about this, it used to be called a 08:59
`21
`different company, called Input/Output; is that 08:59
`22
`correct? 09:00
`23
` I'm not sure about that, but that is 09:00
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`what I understand. I have never had contact 09:00
`25
`with a company called ION. 09:00
`6 (Pages 18 to 21)
`TSG Reporting - Worldwide 877-702-9580
`
`PGS v. WESTERNGECO (IPR2014-00689)
`WESTERNGECO Exhibit 2041, pg. 6
`
`

`

`Page 22
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` J. Cole, Ph.D.
`2
` Q. Okay. Earlier you indicated that -- 09:00
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` A. Now, wait a minute. Could I go 09:00
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`back? 09:00
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` Q. Sorry. 09:00
`6
` A. The question you asked, did I have 09:00
`7
`contact with any people from ION prior to 09:00
`8
`today. Is that what you asked me? Or prior to 09:00
`9
`the declaration? 09:00
`10
` Q. Prior to being engaged to prepare 09:00
`11
`the declaration. 09:00
`12
` A. That's correct, I did not. 09:00
`13
` Q. And, between the time when you were 09:00
`14
`engaged to prepare a declaration, and the 09:00
`15
`deposition today, did you have any contact with 09:00
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`people from ION? 09:00
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` A. Yes, sir, I did. 09:00
`18
` Q. And, what was that contact 09:00
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`regarding? 09:01
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` A. I attended the October SEG. That is 09:01
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`the Society of Exploration Geophysicists in 09:01
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`Denver, Colorado. ION had a booth there. I 09:01
`23 may or may not have -- I saw the booth, I 09:01
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`remember that. Whether I talked to anyone 09:01
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`there, I'm not sure. I don't recall. 09:01
`Page 24
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`1
` J. Cole, Ph.D.
`2
` So, that would have been the only 09:01
`3
`contact. The other one is that I attended a 09:01
`4
`offshore technology conference in Houston, I 09:01
`5
`believe it was in May of last year. 09:01
`6
` I don't recall if ION had a booth 09:01
`7
`there or not, but if I had contact, it would 09:01
`8
`have been with salespeople, discussing their 09:01
`9
`equipment. They put, they put their equipment 09:01
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`on display. 09:01
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` And I believe, if I'm not mistaken, 09:02
`12
`ION makes big vibrator trucks called Vibroseis 09:02
`13
`trucks. And I may have looked at that, or 09:02
`14
`something. 09:02
`15
` Q. Other than the attorneys from 09:02
`16 Williams & Connolly, did you discuss this 09:02
`17 matter with anyone else? 09:02
`18
` A. Discuss this matter with anyone 09:02
`19
`else. Anyone else at all? Or -- 09:02
`20
` Q. Anyone else at all. 09:02
`21
` A. Really, no. 09:02
`22
` Q. Okay. And just -- 09:02
`23
` A. I may have said I was working with 09:02
`24
`the law firm or something like that. But, I'm 09:02
`25
`a -- let me tell you, give you my background. 09:02
`Page 25
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` J. Cole, Ph.D.
` I am a registered professional 09:02
`engineer. We practice the highest standard of 09:02
`ethics. And confidentiality is sacred to us. 09:02
`So, no, I would not have discussed this with 09:03
`anyone. 09:03
` Q. And, just returning to one of my 09:03
`earlier questions relating to your discussions 09:03
`with Williams & Connolly, prior to this 09:03
`deposition. 09:03
` Just so you understand, as part of 09:03
`this proceeding, if I ask you a question, your 09:03
`attorney may object. 09:03
` A. Yes. 09:03
` Q. But, unless your attorney instructs 09:03
`you not to answer the question or I withdraw 09:03
`th