In The Matter Of:
`
`SAMSUNG ELECTRONICS CO. LTD., et al.
`v.
` BLACK HILLS MEDIA, LLC
`
` ___________________________________________________
`
`KEVIN C. ALMEROTH, Ph.D. - Vol. 1
`January 9, 2015
`
` ___________________________________________________
`
`
`
`
`IPR2014-00709 BHM Ex. 2008
`
`
`
`SAMSUNG ELECTRONICS CO. LTD., et al.
`v.
` BLACK HILLS MEDIA, LLC
`
` ___________________________________________________
`
`KEVIN C. ALMEROTH, Ph.D. - Vol. 1
`January 9, 2015
`
` ___________________________________________________
`
`
`
`
`IPR2014-00709 BHM Ex. 2008
`
`
`
`KEVIN C. ALMEROTH, Ph.D. - 1/9/2015
`
`Page 1
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` UNITED STATES PATENT AND TRADEMARK OFFICE
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SAMSUNG ELECTRONICS CO. LTD.;
`SAMSUNG ELECTRONICS AMERICA,
`INC.; AND SAMSUNG
`TELECOMMUNICATIONS AMERICA,
`LLC,
`
` Petitioner,
`
` -vs- No. IPR2014-00709
` IPR2014-00711
`BLACK HILLS MEDIA, LLC, IPR2014-00723
`
` Patent Owner.
` /
`
` VIDEOTAPED DEPOSITION OF
`
` KEVIN C. ALMEROTH, Ph.D.
`
` January 9, 2015
`
`Reported by: WENDY E. ARLEN, CSR #4355, RMR, CRR
`
`Job No: BO-021379
`
`617-542-0039
`
`Merrill Corporation - Boston
`www.merrillcorp.com/law
`
`IPR2014-00709 BHM Ex. 2008
`
`
`
`KEVIN C. ALMEROTH, Ph.D. - 1/9/2015
`
`Page 2
`
` INDEX OF EXAMINATIONS
`
`EXAMINATION BY: Page
`
` MS. GLADSTEIN 6
`
` --oOo--
`
` INDEX OF EXHIBITS
`
`EXHIBIT NO. DESCRIPTION PAGE
`
`Exhibit 1 Notice of Deposition of Kevin C. 7
`
` Almeroth in IPR2014-00709
`
`Exhibit 2 Notice of Deposition of Kevin C. 7
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` Almeroth in IPR2014-00711
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`Exhibit 3 Notice of Deposition of Kevin C. 7
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` Almeroth in IPR2014-00723
`
`Exhibit 4 Curriculum vitae 7
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`Exhibit 5 Declaration of Kevin C. Almeroth, 30
`
` Ph.D. re '099 patent
`
`Exhibit 8 UPnP AV Architecture:1 70
`
`Exhibit 9 US Patent 8,230,099 103
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`Exhibit 10 Patent Application 2002/0072817 by 140
`
` Champion
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`Exhibit 11 ContentDirectory:1 Service 149
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` Template Version 1.01
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`IPR2014-00709 BHM Ex. 2008
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`KEVIN C. ALMEROTH, Ph.D. - 1/9/2015
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`Page 3
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` INDEX OF EXHIBITS
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`Exhibit 7 Declaration of Kevin c. Almeroth, 150
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` Ph.D. re '873 patent
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`Exhibit 6 Declaration of Kevin C. Almeroth, 151
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` Ph.D., re '323 patent
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`Exhibit 12 Patent Application Publication 159
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` 2002/0087996 by Bi
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`Exhibit 13 US Patent 7,668,939 172
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`Exhibit 14 US Patent 7,454,511 183
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` --oOo--
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`KEVIN C. ALMEROTH, Ph.D. - 1/9/2015
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`Page 4
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` Deposition of KEVIN C. ALMEROTH, Ph.D., taken
`
`by the petitioner, at Covington & Burling LLP, One
`
`Front Street, 35th Floor, San Francisco, California,
`
`commencing at 8:38 a.m., Friday, January 9, 2015
`
`before me, WENDY E. ARLEN, CSR, RMR, CRR.
`
` A P P E A R A N C E S.
`
`FOR THE PLAINTIFF:
`
` COVINGTON & BURLING LLP
` Attorneys at Law
` GREGORY S. DISCHER, Esq.
` 850 Tenth Street N.W.
` Washington, DC 20001-4956
` 202.662.5485
` gdischer@cov.com
`
` COVINGTON & BURLING LLP
` Attorneys at Law
` CHRISTINE SAUNDERS HASKETT, Esq.
` One Front Street, 35th Floor
` San Francisco, California 94111-5356
` 415.591.7087
` chaskett@cov.com
`
`FOR THE PATENT OWNER:
`
` PEPPER HAMILTON LLP
` Attorneys at Law
` LANA A. GLADSTEIN, Esq.
` GEORGE S. HAIGHT, IV, Esq.
` 125 High Street, 19th Floor
` Boston, Massachusetts 02110-2736
` 617.204.5100
` gladsteinl@pepperlaw.com
`
`ALSO PRESENT:
`
` Gareth Loy, Ph.D.
`
` Ted Hoppe, Videographer
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`IPR2014-00709 BHM Ex. 2008
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`KEVIN C. ALMEROTH, Ph.D. - 1/9/2015
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`Page 5
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` San Francisco, California
`
` Friday, January 9, 2015
`
` 8:38 a.m.
`
` --oOo--
`
`07:57:53
`
` VIDEOGRAPHER: Here begins video one in the
`
`07:57:53
`
`deposition of Kevin Almeroth in the matter of Samsung
`
`08:37:54
`
`versus Black Hills Media in the United States Patent
`
`08:37:57
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`and Trademark Office, Patent Trial and Appeal Board.
`
`08:38:02
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` Today's date is January 9th, 2015. The time
`
`08:38:11
`
`on the video monitor is 8:38. The video operator
`
`today is Ted Hoppe of Merrill Legal Solutions.
`
` Counsel, could you please voice identify
`
`yourselves and state whom you represent.
`
`08:38:18
`
`08:38:24
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`08:38:26
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`08:38:28
`
` MS. GLADSTEIN: Lana Gladstein on behalf of
`
`08:38:31
`
`Pepper Hamilton, and here with me is George Haight
`
`and Dr. Loy, who is an expert in the set of cases
`
`that are at issue here.
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`08:38:33
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`08:38:35
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`08:38:41
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` MR. DISCHER: Gregory Discher with Covington
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`08:38:43
`
`& Burling representing Samsung Electronics, the
`
`petitioner, and with me I have counsel Christine
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`Haskett, also from Covington & Burling.
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`08:38:47
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`08:38:51
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`08:38:55
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` VIDEOGRAPHER: Wendy, could you please swear
`
`08:38:57
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`the witness in.
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`08:39:00
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`IPR2014-00709 BHM Ex. 2008
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`
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`KEVIN C. ALMEROTH, Ph.D. - 1/9/2015
`
`Page 6
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` KEVIN C. ALMEROTH, Ph.D.,
`
` having been first duly sworn, was
`
` examined and testified as follows:
`
` VIDEOGRAPHER: Please proceed.
`
` EXAMINATION BY MS. GLADSTEIN
`
`Q. Dr. Almeroth, thank you for coming.
`
` Please state for the record where do you
`
`reside.
`
`08:39:08
`
`08:39:08
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`08:39:11
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`08:39:14
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`08:39:17
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`A. At 1300 Barger Canyon Road, B-a-r-g-e-r, in
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`08:39:17
`
`Santa Barbara, California.
`
`Q. Thank you. What's your current job title?
`
`A. Professor.
`
`Q. And where are you a professor?
`
`A. At UC Santa Barbara.
`
`08:39:25
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`08:39:27
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`08:39:29
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`08:39:30
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`08:39:33
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`Q. Are you familiar with the deposition process?
`
`08:39:37
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`A. Yes, ma'am.
`
`08:39:41
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`Q. Great. So if you need to take a break, just
`
`08:39:42
`
`let me know. And to the extent that there is no
`
`question pending, we will take a break. And if any
`
`of my questions are unclear, feel free to ask me to
`
`clarify.
`
` Now, is there anything that would preclude
`
`you from providing full and truthful answers to my
`
`questions here today?
`
`A. No.
`
`08:39:47
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`08:39:49
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`08:39:53
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`IPR2014-00709 BHM Ex. 2008
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`KEVIN C. ALMEROTH, Ph.D. - 1/9/2015
`
`Page 7
`
`Q. Great.
`
` (Deposition Exhibit 1 marked for
`
` identification.)
`
` (Deposition Exhibit 2 marked for
`
` identification.)
`
` (Deposition Exhibit 3 marked for
`
` identification.)
`
`08:40:09
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`08:40:20
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`08:40:20
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`08:40:21
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`Q. MS. GLADSTEIN: Let me hand you what has been
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`08:40:21
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`marked as Exhibit 1 as well as Exhibit 2, and
`
`Exhibit 3.
`
` Do you know what these documents are?
`
`A. I do.
`
`Q. What are they?
`
`08:40:23
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`08:40:34
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`08:40:44
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`08:40:46
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`08:40:47
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`A. They're the deposition notices for the three
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`08:40:52
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`IPR cases that I understand we will be discussing
`
`today.
`
`Q. So it's your understanding that you are
`
`appearing here today as an expert witness in the
`
`IPR2014-00709 as listed on the Exhibit 1,
`
`IPR2014-00711 as listed in Exhibit 2, and
`
`IPR2014-00723 as listed in the Exhibit 3?
`
`A. That's correct.
`
` (Deposition Exhibit 4 marked for
`
` identification.)
`
`Q. MS. GLADSTEIN: I am handing you what has
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`08:40:56
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`IPR2014-00709 BHM Ex. 2008
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`
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`KEVIN C. ALMEROTH, Ph.D. - 1/9/2015
`
`Page 8
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`been marked as Exhibit 4. Do you know what this
`
`document is?
`
`A. It is my CV.
`
`Q. So you recognize this document.
`
`A. I do.
`
`Q. Did you prepare this document?
`
`A. Yes.
`
`Q. Do you know how long ago this document was
`
`prepared?
`
`A. I do not.
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`Q. Okay. Is the information contained in the
`
`document that is Exhibit 4 accurate?
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`A. To the best of my knowledge.
`
`08:41:50
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`08:41:52
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`08:42:21
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`Q. Are there any changes that you would want to
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`08:42:26
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`make to the document?
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`08:42:30
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`A. I don't believe there are any changes. There
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`08:42:31
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`might be some additions based on things that I've
`
`done since this exhibit was -- was created.
`
`Q. And what are the things that you've done
`
`since the exhibit was created?
`
`A. There would be a lot of things. I've been
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`08:42:40
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`08:42:43
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`08:42:49
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`08:42:51
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`08:42:53
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`fairly active in my research since this was created,
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`08:43:01
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`but I can sort of start and go through some of them
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`to give you a sense of what those would be.
`
` On page 3 under courses taught in fall of
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`08:43:07
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`08:43:10
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`08:43:13
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`KEVIN C. ALMEROTH, Ph.D. - 1/9/2015
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`Page 9
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`2014, I've taught CS 176A again, I'm currently
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`08:43:20
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`teaching CS 176B. So I would add winter 2015 there.
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`08:43:26
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`Usually I add it when I'm done teaching, but it's
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`something that could be added now.
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` Under Ph.D. students advised, Lara Deek,
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`number 13, has since graduated.
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` There would be additional research
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`publications. For example, number 61 on page 6 has
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`appeared, I believe, and there might be one or two
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`other ones that need to be added there.
`
`Q. And could you pause right there? With
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`08:43:35
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`08:44:04
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`08:44:06
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`respect to the one or two others that may need to be
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`08:44:09
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`added here, do you recall what those titles are?
`
`A. I don't.
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`08:44:11
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`08:44:14
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`Q. Are they relevant at all to the technology at
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`08:44:17
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`issue in the proceedings that we are here today?
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`A. Unlikely. I think to the extent there are
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`any, they would be from Lara, and her research was
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`08:44:21
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`08:44:27
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`08:44:32
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`primarily in the area of network design for wireless
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`08:44:36
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`networks using 802.11n and AC. So they'd be in line
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`08:44:43
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`with the other kinds of publications where she is
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`listed as author, for example, number 61.
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`Q. Okay. Please continue with the updates.
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`08:44:50
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`08:44:53
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`08:44:56
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`A. And then on page 10 under conference papers,
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`08:45:01
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`similarly I might have one or two other papers to
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`KEVIN C. ALMEROTH, Ph.D. - 1/9/2015
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`Page 10
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`include, and they're in reverse chronological order.
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`08:45:10
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`So the papers I've published since June 2013 would
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`need to be added to the list.
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`Q. And how many approximately?
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`08:45:16
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`08:45:20
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`08:45:21
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`A. I don't recall. Anywhere from one to five.
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`08:45:22
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` On page 15 under workshop papers, I don't
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`08:45:32
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`think I have any other workshop papers, but I'd have
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`08:45:36
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`to go back and double-check. Again, to the extent
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`that Lara or Daniel were continuing to publish,
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`whether they were workshop or conference or journal
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`papers, there might be two or three other papers to
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`add to my publication list.
`
`Q. Okay.
`
`08:45:43
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`08:45:46
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`08:45:50
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`08:45:53
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`08:45:55
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`08:45:58
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`A. Page 23 under research funding, there is an
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`08:46:02
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`additional grant from Cisco that's not on this list.
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`08:46:14
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`Q. Okay.
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`08:46:19
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`A. Under the conference committee activities on
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`08:46:21
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`page 27, I'm not sure there are any under the
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`organizing committees which is page 27. Oh,
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`08:46:34
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`08:46:50
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`there's -- there is one. I'm a track chair for ICCCN
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`08:46:54
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`this year. That should go somewhere on this list,
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`08:47:00
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`probably under program chair. And then when you get
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`08:47:03
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`to page 28 and 29 under technical program committees,
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`08:47:06
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`the ones for 2015 and probably late into 2014 aren't
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`08:47:12
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`on this list, but as you can see from the structure
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`08:47:19
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`IPR2014-00709 BHM Ex. 2008
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`KEVIN C. ALMEROTH, Ph.D. - 1/9/2015
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`Page 11
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`here, there's -- there's a whole bunch of conferences
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`08:47:22
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`and a list of years, and it's not necessarily
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`08:47:26
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`completely up to date, but all the ones from 2014 or
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`08:47:30
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`2015 are included there.
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`Q. Is ICCCN an acronym for the International
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`Conference on Communications and Computer Networks?
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`A. Yes, I think that's right.
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`Q. Anything else?
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`A. Page 30 and 31 on department of computer
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`08:47:35
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`08:47:36
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`08:47:40
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`08:47:42
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`08:47:43
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`08:47:49
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`science committees and university committees, I think
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`08:47:56
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`all of the 2013-2014 committees are there, but I
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`don't think the 2014-2015 committees are there. So
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`there would be a couple to add.
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`Q. Anything else?
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`A. I think that's it. Just thumbing through
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`what's there, I think that's -- that's all the
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`updates.
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`08:47:58
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`08:48:03
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`08:48:09
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`08:48:11
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`08:48:13
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`08:48:17
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`08:48:19
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` MS. GLADSTEIN: Okay. Counsel, I would like
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`08:48:23
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`to request an updated copy of Dr. Almeroth's CV.
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` MR. DISCHER: We'll take that under
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`advisement.
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`Q. MS. GLADSTEIN: Are you an inventor on any
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`U.S. patents?
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`A. I am listed on one, and that is listed in my
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`CV on page 18. It's listed as number 8. I think
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`Page 12
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`that's the -- the only patent application where I'm
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`listed as an inventor.
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`Q. Has it issued?
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`A. No.
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`Q. Why not?
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`A. I have no idea.
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`Q. In very general terms, what was this
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`application directed to?
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` MR. DISCHER: Objection, form.
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` THE WITNESS: Very generally, infrastructure
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`08:49:30
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`mesh networks. I believe it had to do with
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`developing routing algorithms for use within
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`infrastructure mesh networks.
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`Q. MS. GLADSTEIN: And what is mesh networks?
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`A. Fairly nontechnically speaking, it's networks
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`that can communicate using nodes that are acting as
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`relays within a network. So you don't need every
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`device to be directly connected to the Internet
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`infrastructure, that some of the devices in the
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`network can act as relays.
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` So, for example, I might try and send traffic
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`from a device that I have. For some reason it's not
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`connecting to the Internet. So I could relay through
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`somebody else's device in this room, and that device
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`might relay to another device, and then ultimately
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`Page 13
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`that device might be connected to a network.
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`08:50:38
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` Within the concept of mesh networks, there's
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`also ad hoc networks, and some of these you could
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`have mobile networks. So it's a concept that's used,
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`for example, in the military. On the battlefield you
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`have self-organizing networks. Those might be ad hoc
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`networks or using existing infrastructure, you know,
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`might make them characteristic of a mesh network.
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`Q. Thank you. Are there any other patent
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`08:51:03
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`applications that are pending that have your name on
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`them?
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`A. I don't believe so.
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`Q. Your CV does not appear to list any
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`consulting engagements. Is that on purpose or is it
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`just maybe a page missing or so?
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`A. Well, I have some consulting on page 2. It
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`doesn't list the legal consulting that I do. I don't
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`include that in my academic CV.
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`Q. I see. Do you have another CV where you have
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`08:51:51
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`the legal consulting listing?
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`A. I don't.
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`Q. Let's talk about your legal consulting for a
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`second then. And just focusing on the last five
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`years. Well, actually, strike that.
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` When did you start consulting in the legal
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`context, as you put it?
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`08:52:16
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`A. I would say at least 2001. I doubt it went
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`as far back into 2000, but certainly late 2001 I was
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`08:52:29
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`working on a case.
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`Q. And what case was that?
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`A. It was ACTV versus Disney.
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`Q. Was it a patent case?
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`A. It was. In the Southern District of New
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`York.
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`Q. Generally the technology involved in that
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`case?
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` MR. DISCHER: Objection to form.
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` THE WITNESS: The technology at issue --
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`again, it's sort of very nontechnically.
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`Q. MS. GLADSTEIN: High level.
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`A. High level and nontechnically, the -- the
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`transmission and access of Web pages in
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`synchronization with a TV broadcast. So, for
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`example, if somebody was watching Jeopardy, they
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`could be sent URL's where they would access the
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`content of that URL, for example, answer the
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`questions or ask the questions in rough synchrony
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`with the TV show.
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`Q. And in this ACTV versus Disney, did you
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`represent the patent owner or the accused party?
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`Page 15
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`A. In that case it was the accused party,
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`Disney.
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`Q. Okay. And what was the next consulting
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`engagement since 2001?
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`A. The next one, at least the next one I
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`08:53:46
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`remember was a company called Two-Way Media, and they
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`sued a company at the time AOL.
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`Q. And you worked on behalf of Two-Way Media?
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`A. Yes.
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`08:54:13
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`Q. And what was the technology at issue there?
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`08:54:22
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` MR. DISCHER: Objection, form.
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`08:54:28
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` THE WITNESS: The technology there was audio
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`08:54:29
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`and video streaming to users, and there was an aspect
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`of it that had to do with the selection of a
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`particular content server. There was really a whole
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`08:54:47
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`architecture involved, but it was really streaming
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`media from a number of different available content
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`servers. Again, very high level and very generic.
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`Q. MS. GLADSTEIN: And approximately when was
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`that?
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`A. Sometime after 2001. I'm not sure when.
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`Probably within a few years after 2001.
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`Q. Okay. And so Two-Way Media was the patent
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`holder.
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`A. Yes.
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`Page 16
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`Q. And what was the next consulting engagement
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`08:55:20
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`after the Two-Way Media?
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`A. So after that, there were probably several
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`that were ongoing at the same time. At that point I
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`started to do a bit more legal consulting. Those
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`first couple stand out just because they were the
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`first couple and fairly memorable.
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` From there, it -- it gets to be a fairly
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`lengthy list. Not sure any really comes specifically
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`08:56:01
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`to mind, at least chronologically.
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`Q. Okay. Let's put this topic aside for a
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`08:56:07
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`08:56:10
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`second. Besides consulting in legal matters, do you
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`consult on nonlegal matters?
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`A. I do.
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`Q. Okay. And is that listed in your CV?
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`A. It is.
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` MR. DISCHER: Objection to form and scope.
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`08:56:18
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`08:56:19
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`08:56:20
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` THE WITNESS: I do some additional consulting
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`08:56:27
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`in what's also listed under industry technical
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`advising on page 2.
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`Q. MS. GLADSTEIN: So are you currently
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`consulting on technical issues -- strike that.
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` Are you currently consulting on nonlegal
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`08:56:31
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`issues and, if so, could you identify those companies
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`that you're consulting for?
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`Page 17
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` MR. DISCHER: Objection, form and scope.
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`08:57:05
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` THE WITNESS: The one that's on the list here
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`08:57:07
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`is -- I'm on the board of directors for the New Media
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`08:57:09
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`Studio.
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`08:57:15
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`Q. MS. GLADSTEIN: And as a board of directors
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`08:57:16
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`member, are you consulting on technical issues?
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` MR. DISCHER: Objection, form and scope.
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`08:57:19
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`08:57:21
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` THE WITNESS: Generally I think I am. I work
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`08:57:23
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`with other people on the board and we discuss
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`technical matters, both strategy and individual
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`projects.
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`08:57:28
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`08:57:32
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`08:57:38
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`Q. MS. GLADSTEIN: Any other current consulting
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`08:57:38
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`engagements?
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` MR. DISCHER: Objection, form.
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` THE WITNESS: I don't believe so.
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`08:57:41
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`08:57:43
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`08:57:44
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`Q. MS. GLADSTEIN: So what would you say, since
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`08:57:45
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`2001, what percentage of your time is devoted to
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`consulting on patent cases?
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` MR. DISCHER: Objection, form and scope.
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`08:57:53
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`08:57:56
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`08:58:00
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` THE WITNESS: It would be hard to answer that
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`question for at least the reason that it varies by
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`month, by year.
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`Q. MS. GLADSTEIN: How about 2014?
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` MR. DISCHER: Objection, form and scope.
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`08:58:14
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` THE WITNESS: I'm not sure I can answer the
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`Page 18
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`question. It depends on what the denominator should
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`08:58:44
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`be. So whether it includes just consulting, just
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`consulting and UCSB work or other things that I do
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`that derive a source of income, investing, farming,
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`working on rental properties.
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`08:58:49
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`Q. MS. GLADSTEIN: Let me clarify. By comparing
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`08:59:14
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`to your activities as a professor at UCSB, what
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`percentage of your time is occupied in the consulting
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`08:59:24
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`engagements?
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` MR. DISCHER: Objection, form and scope.
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`08:59:29
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`08:59:30
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` THE WITNESS: As a very rough number, I'd say
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`in the ballpark of 25 percent.
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`08:59:40
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`Q. MS. GLADSTEIN: Typically in the context of
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`08:59:42
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`legal consulting, do you provide assistance on the
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`infringement analysis or on the invalidity analysis
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`or it's a mix of both?
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` MR. DISCHER: Objection, scope.
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` THE WITNESS: Mix of both.
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`08:59:48
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`09:00:00
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`Q. MS. GLADSTEIN: Would you say it's an equal
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`09:00:01
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`mix?
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` MR. DISCHER: Objection, scope.
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` THE WITNESS: I would say over time it's
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`roughly equal. In some cases I'll have a few
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`engagements in a row that will be for infringement,
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`some will be just for invalidity, some will be for
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`both, but I think by and large it's about 50/50.
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`09:00:26
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`Q. MS. GLADSTEIN: How many times have you been
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`09:00:30
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`deposed overall?
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` MR. DISCHER: Objection, scope.
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`09:00:32
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`09:00:34
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` THE WITNESS: Since 2001, probably about 20
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`times.
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`Q. MS. GLADSTEIN: And have you testified at
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`trial?
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`A. I have.
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` MR. DISCHER: Objection, scope.
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`Q. MS. GLADSTEIN: How many times?
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`A. I would say between five and ten times.
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`Q. With respect to the testimony at trial, do
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`you recall whether that testimony was in a district
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`court versus at the ITC versus somewhere else?
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` MR. DISCHER: Objection, scope.
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` THE WITNESS: Yes.
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`Q. MS. GLADSTEIN: So out of those five to ten
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`times, could you break them down into how many times
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`you testified in a district court versus an ITC
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`proceeding?
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` MR. DISCHER: Objection, scope.
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`09:01:32
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`09:01:36
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`09:01:36
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` THE WITNESS: I think I have only testified
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`in the ITC twice, and everything else would have been
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`in the district court.
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`Q. MS. GLADSTEIN: And you don't happen to have
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`09:01:53
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`a listing of your professional consulting activities
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`09:02:04
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`in the legal context that would list all of your
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`especially -- that would list all of your engagements
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`where you testified as a witness.
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` MR. DISCHER: Objection, form and scope.
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` THE WITNESS: I do have a list I included,
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`for example, in expert reports in district cases. So
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`I do have a list.
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` MS. GLADSTEIN: Counsel, we would request
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`that that list be provided here.
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` MR. DISCHER: We'll take that under
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`advisement.
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`09:02:36
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`09:02:37
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`Q. MS. GLADSTEIN: Now, prior to today, have you
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`09:02:49
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`testified on behalf of Samsung?
`
`A. I have.
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` MR. DISCHER: Objection, scope.
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`Q. MS. GLADSTEIN: How many times?
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` MR. DISCHER: Objection, scope.
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`09:02:54
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`09:02:57
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`09:02:59
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`09:03:00
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`09:03:03
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` THE WITNESS: And to be clear, testified, do
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`09:03:04
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`you want by deposition or by trial, both?
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`Q. MS. GLADSTEIN: Both.
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`A. Okay.
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`09:03:14
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`09:03:20
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`09:03:21
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`Q. If you'd like to start with depositions and
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`09:03:22
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`then move on to trial, that would be great.
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`09:03:24
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`617-542-0039
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`Merrill Corporation - Boston
`www.merrillcorp.com/law
`
`IPR2014-00709 BHM Ex. 2008
`
`
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`KEVIN C. ALMEROTH, Ph.D. - 1/9/2015
`
`Page 21
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` MR. DISCHER: Objection, scope.
`
`09:03:26
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` THE WITNESS: I have testified by deposition
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`09:03:27
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`for Samsung in a series of IPR proceedings that they
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`09:03:37
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`initiated against a company called VIS. And I'm not
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`09:03:46
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`sure how many depositions I've done. It might have
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`just been two. There might have been another one
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`09:03:55
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`09:03:59
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`that I'm forgetting, but it sort of falls within the
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`09:04:02
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`group of patents that Samsung has brought to the IPR
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`09:04:06
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`for evaluation.
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`09:04:10
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` I've also testified for Samsung at the ITC,
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`09:04:14
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`defending them against an action brought by Black
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`Hills Media. And I don't recall any other
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`depositions or testimony on behalf of Samsung other
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`than right now.
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`09:04:24
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`09:04:30
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`09:04:34
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`09:04:41
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`Q. MS. GLADSTEIN: Okay. And the testimony that
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`09:04:42
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`you gave in the ITC proceeding brought by Black
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`Hills, that was a deposition testimony or both?
`
`A. That was --
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` MR. DISCHER: Objection, scope.
`
` THE WITNESS: -- both deposition testimony
`
`and at an ITC hearing.
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`Q. MS. GLADSTEIN: Have you ever testified on
`
`behalf of Yamaha?
`
` MR. DISCHER: Objection, scope.
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` THE WITNESS: No.
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`09:04:46
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`617-542-0039
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`Merrill Corporation - Boston
`www.merrillcorp.com/law
`
`IPR2014-00709 BHM Ex. 2008
`
`
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`KEVIN C. ALMEROTH, Ph.D. - 1/9/2015
`
`Page 22
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`Q. MS. GLADSTEIN: How about against Yamaha?
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` MR. DISCHER: Objection, scope.
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` THE WITNESS: No.
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`09:05:15
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`09:05:18
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`09:05:20
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`Q. MS. GLADSTEIN: What about LG? Have you ever
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`09:05:20
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`testified either on behalf or against LG?
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` MR. DISCHER: Objection, scope.
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`09:05:23
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`09:05:25
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` THE WITNESS: I might have. I would have to
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`double-check. The confusion I have is or the lack of
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`specific recollection is, for example, in the ITC
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`matter it was a joint defense group, and I think I
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`was representing a set of defendants against Black
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`Hills Media, and I think LG might have been one of
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`those.
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`09:05:49
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`09:05:52
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`09:05:55
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`09:06:00
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`09:06:03
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` There -- there might have been other cases I
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`was involved in where LG was named as a defendant but
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`09:06:06
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`they might have settled out before, you know, I
`
`really did any work on the case. So there might be
`
`some other instances like that.
`
`Q. MS. GLADSTEIN: And in the ITC proceeding,
`
`what types of opinions did you provide on behalf of
`
`Samsung and LG?
`
` MR. DISCHER: Objection, form and scope.
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`09:06:11
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`09:06:15
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`09:06:22
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`09:06:24
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`09:06:27
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`09:06:33
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` THE WITNESS: They were invalidity opinions
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`09:06:35
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`about the Black Hills Media patents. I believe that
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`09:06:42
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`the same three that were at issue or that are at
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`09:06:47
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`617-542-0039
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`Merrill Corporation - Boston
`www.merrillcorp.com/law
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`IPR2014-00709 BHM Ex. 2008
`
`
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`KEVIN C. ALMEROTH, Ph.D. - 1/9/2015
`
`issue in these IPR's were at issue in the ITC. I
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`think one of the patents, the '099 patent, was
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`Page 23
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`09:06:52
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`09:06:57
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`dropped fairly early in the case. So I'm not sure I
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`09:07:05
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`wrote a report that included anything around the '099
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`09:07:08
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`patent.
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`09:07:13
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` And then I have a vague recollection that the
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`09:07:13
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`'323
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