In the Matter of:
`
`YAMAHA CORPORATION OF AMERICA
`vs.
`BLACK HILLS MEDIA, LLC
`
`___________________________________________________
`
`VICTOR MICHAEL BOVE, JR., Ph.D.
`May 29, 2014
`
`___________________________________________________
`
`
`
`
`
`BHM Ex. 2007 (previously filed in IPR2013-00598 as Ex. 2012)
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`Page 1
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` UNITED STATES PATENT AND TRADEMARK OFFICE
`
` -------------------------------------------
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
` -------------------------------------------
`
` YAMAHA CORPORATION OF AMERICA
`
` Petitioner
`
` v.
`
` BLACK HILLS MEDIA, LLC
`
` Patent Owner
`
` --------------------
`
` Case IPR2013-00597, Patent 8,230,099 B2
`
` Case IPR2013-00598, Patent 8,214,873 B2.
`
` --------------------
`
`VIDEO DEPOSITION OF VICTOR MICHAEL BOVE, JR., Ph.D.
`
` Thursday, May 29, 2014 - 9:57 a.m.
`
` Pepper Hamilton LLP
`
` 125 High Street
`
` Boston, Massachusetts
`
`- - - Reporter: Jill K. Ruggieri, RPR/RMR/CRR - - -
`
`BHM Ex. 2007 (previously filed in IPR2013-00598 as Ex. 2012)
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`

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`VICTOR MICHAEL BOVE, JR., Ph.D. - 5/29/2014
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`Page 2
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`Page 4
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`1 Exhibit 8 US Patent No. 6,622,018 173
`2 Exhibit 11 Windows Media Player literature 218
`3 Exhibit 9 US Patent No. 6,502,194 B1 233
`4 Exhibit 12 US Patent Application Publication 272
`5 No. 2003/0045955 A1
`6 Exhibit 13 Decision of Inter Partes Review 279
`
` E X H I B I T S
`
`7 8
`
`9
`10 Exhibit 7 US Patent Application Publication 167
`11 No. 2002/0087996 A1
`12 Exhibit 10 US Patent No. 6,622,018 B1 218
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`1 A P P E A R A N C E S:
`
`2 3
`
`Morrison | Foerster, LLP
`4 Alex S. Yap, Esquire
`5 David L. Fehrman, Esquire
`6 707 Wilshire Boulevard
`7 Los Angeles, California 90017-3543
`8 (213) 892-5200 ~ Fax: (213) 892-5454
`9 Counsel for Yamaha Corporation of America
`10
`11
`12
`13 Pepper Hamilton LLP
`14 Lana A. Gladstein, Esquire
`15 Reza Mollaaghababa, Esquire
`16 Thomas J. Engellenner, Esquire
`17 High Street Tower
`18 125 High Street, 19th Floor
`19 Boston, Massachusetts 02110-2736
`20 (617) 204-5100 ~ Fax: (617) 204-5150
`21 Counsel for Black Hills Media LLC
`22
`23
`24
`25
`
`Page 3
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`Page 5
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`1 P R O C E E D I N G S
`2 THE VIDEOGRAPHER: This is the
`3 video operator speaking, Gayle Ashton, with
`4 Merrill Legal Solutions.
`5 Today's date is May 2009,
`6 2014, and the time is 9:57 a.m. We are here
`7 at the offices of Pepper Hamilton, located at
`8 125 High Street, Boston, Massachusetts to
`9 take the videotaped deposition of V. Michael
`10 Bove, Jr.
`11 This is a proceeding in the
`12 United States Patent and Trademark Office,
`13 before the Patent Trial and Appeal Board,
`14 Yamaha Corporation of America, Petitioner,
`15 versus Black Hills Media, LLC, Patent Owner,
`16 Case IPR2013-00597, Patent 8,230,099 B2; and
`17 Case IPR2013-00598, Patent 8,214,873 B2.
`18 Will counsel please state
`19 their appearances.
`20 MS. GLADSTEIN: Lana Gladstein
`21 of Pepper Hamilton on behalf of patentee,
`22 Black Hills Media.
`23 MR. MOLLAAGHABABA: Reza
`24 Mollaaghababa of Pepper Hamilton on behalf of
`25 patentee, Black Hills Media.
`
`2 (Pages 2 to 5)
`
`1 Also present: Dr. Gareth Loy
`
`Videographer: Gayle Ashton, Merrill Legal Solutions
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` I N D E X
`
`WITNESS:
`
`2 3
`
`4 5 6
`
`7 8
`
`9
`10 VICTOR MICHAEL BOVE, JR., Ph.D.
`11 Examination by Ms. Gladstein 7
`12 Examination by Mr. Fehrman 277
`13
`14 E X H I B I T S
`15
`16 Exhibit 1 Notice of Deposition of V. Michael 7
`17 Bove in IPR2013-00598
`18 Exhibit 2 Notice of Deposition of Michael 7
`19 Bove, Jr., in case IPR2013-00597
`20 Exhibit 3 Declaration of Michael Bove, Jr., 8
`21 for Patent No. 8,214,873
`22 Exhibit 4 Declaration of Michael V. Bove for 9
`23 Patent No. 8,230,099
`24 Exhibit 5 US Patent No. 8,214,873 109
`25 Exhibit 6 US Patent No. 8,230,099 109
`
`800-292-4789
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`MERRILL DEPOSITION SERVICES
`www.deposition.com/washington-dc.htm
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`BHM Ex. 2007 (previously filed in IPR2013-00598 as Ex. 2012)
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`VICTOR MICHAEL BOVE, JR., Ph.D. - 5/29/2014
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`Page 6
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`Page 8
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`1 MR. ENGELLENNER: Tom
`2 Engellenner, also Pepper Hamilton, on behalf
`3 of Black Hills Media.
`4 MS. GLADSTEIN: We have also
`5 Dr. Gareth Loy with us on behalf of Black
`6 Hills Media.
`7 MR. YAP: Alex Yap of Morrison
`8 & Foerster for petitioner, Yamaha Corporation
`9 of America.
`10 MR. FEHRMAN: David Fehrman,
`11 Morrison & Foerster, for petitioner Yamaha
`12 Corporation of America.
`13 THE VIDEOGRAPHER: Will the
`14 court reporter please swear in the witness.
`15
`16 VICTOR MICHAEL BOVE, JR.,
`17 Ph.D., a witness having been duly sworn, on
`18 oath deposes and says as follows:
`19
`20 MS. GLADSTEIN: Shall we just
`21 put on the record the discussion that we had
`22 prior to the deposition about the
`23 applicability of this deposition to both
`24 proceedings, that's IPR598 and IPR597?
`25 MR. YAP: Sure.
`
`1 Q Dr. Bove, I'm handing you what's
`2 been marked as Exhibit 2. It's a document
`3 titled Notice of Deposition of you, Michael
`4 Bove, Jr. in case IPR2013-00597.
`5 Have you seen this document
`6 before?
`7 A I have.
`8 Q And could you state your full name
`9 and address for the record.
`10 A Victor Michael Bove, Jr., and my
`11 address is 57 Ray, R-A-Y, Road in Wrentham,
`12 Massachusetts.
`13 Q Thank you.
`14 (Exhibit 3 marked for
`15 identification.)
`16 BY MS. GLADSTEIN:
`17 Q Dr. Bove, I'm handing you a
`18 document marked Exhibit 3 that bears a title
`19 of Declaration of me, Michael Bove, Jr., for
`20 Patent No. 8,214,873, and I will represent
`21 that it's in the proceeding IPR203-00598.
`22 Are you familiar with this
`23 document?
`24 A I am.
`25 Q And what is this document?
`
`Page 7
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`Page 9
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`1 MS. GLADSTEIN: All right.
`2 And we will use exhibits
`3 consecutively, and to the extent that they're
`4 applicable to either proceeding, they will so
`5 apply.
`6 MR. YAP: Sure.
`7 MS. GLADSTEIN: All right.
`8 (Exhibit 1 marked for
`9 identification.)
`10 EXAMINATION
`11 BY MS. GLADSTEIN:
`12 Q Dr. Bove, I am handing you what has
`13 been marked as Bove Exhibit 1.
`14 It's a document titled Notice
`15 of Deposition of V. Michael Bove in
`16 IPR2013-00598.
`17 Have you seen this document
`18 before?
`19 A I believe I was emailed a copy of
`20 this document by Yamaha's counsel.
`21 Q Thank you.
`22 (Exhibit 2 marked for
`23 identification.)
`24 THE DEPONENT: Thank you.
`25 BY MS. GLADSTEIN:
`
`1 A This document is a declaration in
`2 which I give my opinion on certain points
`3 that Yamaha's counsel has asked me to address
`4 with respect to the IPR of the '873 patent.
`5 Q And that's a document you prepared?
`6 A It is.
`7 Q And it bears your signature?
`8 A It does.
`9 Q On page 15?
`10 A Well, it's -- there are two sets of
`11 page numbers on here, just for clarity.
`12 Q Oh.
`13 Let's refer to this document
`14 is also marked as Yamaha Corporation of
`15 America, Exhibit 1002, page 16.
`16 A Yes.
`17 Q Does that page bear your signature?
`18 A It does.
`19 Q Thank you.
`20 (Exhibit 4 marked for
`21 identification.)
`22 BY MS. GLADSTEIN:
`23 Q Dr. Bove --
`24 A Thank you.
`25 Q -- I'm handing you what has been
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`800-292-4789
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`MERRILL DEPOSITION SERVICES
`www.deposition.com/washington-dc.htm
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`VICTOR MICHAEL BOVE, JR., Ph.D. - 5/29/2014
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`Page 10
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`Page 12
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`1 marked as Exhibit 4.
`2 It's a document titled
`3 Declaration of Michael V. Bove for Patent
`4 No. 8,230,099. I will represent it's an
`5 inter partes review proceeding No.
`6 IPR2013-00597, and that also there's a Yamaha
`7 Corporation of America Exhibit 1002.
`8 Are you familiar with this
`9 document?
`10 A I am.
`11 Q And is this a declaration that you
`12 prepared?
`13 A It is.
`14 Q And does the Bates stamp page 9
`15 bear your signature?
`16 A It does.
`17 Q Dr. Bove, have you been deposed
`18 before?
`19 A I have.
`20 Q On how many occasions?
`21 A Quite a few going back to the
`22 1990s, so I don't have an exact number.
`23 Q Approximately?
`24 A Maybe two.
`25 Q So you are familiar with the
`
`1 Q Focusing on your undergraduate
`2 studies, how would you characterize the work
`3 that you did in pursuit of your undergraduate
`4 degree?
`5 A Well, it was a fairly standard
`6 electrical engineering program at MIT.
`7 My bachelor's thesis was on
`8 the subject of digital television and
`9 interactive television.
`10 Q And could you tell me about the
`11 thesis and the focus of your master's
`12 studies?
`13 A My master's thesis was on what you
`14 might think of as -- nowadays you would call
`15 it an intelligent personal video recorder.
`16 So imagine a TiVo-like device
`17 that has a user profile for a user that reads
`18 the closed captioning as well as schedules of
`19 upcoming television programs and actually
`20 records personalized recordings based upon
`21 what it understands a user profile to be and
`22 how that corresponds to the subject matter of
`23 the programming.
`24 The particular area that I
`25 concentrated on was television news, and so
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`Page 11
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`Page 13
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`1 process?
`2 A I think so, yes.
`3 Q Deposition process.
`4 If at any time you need to
`5 take a break, so long as there is no question
`6 pending, just let me know, and we'll go off
`7 the record.
`8 A Thank you.
`9 Q That's really about it.
`10 Is there anything that may
`11 impede your ability to answer questions here
`12 today?
`13 A Not that I'm aware of.
`14 Q Great, thank you.
`15 Can you please tell me about
`16 your education post high school.
`17 A I have a bachelor's degree in
`18 electrical engineering from the Department of
`19 Electrical Engineering and Computer Science
`20 at MIT.
`21 I have a master of science in
`22 visual studies from the Department of
`23 Architecture at MIT, and I have a Ph.D. in
`24 media technology from the program in Media
`25 Arts and Sciences at MIT.
`
`1 the system could record news broadcasts and
`2 play them back in a non-linear fashion based
`3 upon what it felt the user's interests were.
`4 Q So would it be fair to say that the
`5 focus of your master's studies was on video
`6 recordings?
`7 MR. YAP: Objection.
`8 A No, I wouldn't say it was on video
`9 recordings per se. I think it was on what
`10 you might think of as personalized
`11 television.
`12 Q Then how does personalized
`13 television differ from video recordings?
`14 A A video recording is a technical
`15 element that might be a part of a
`16 personalized television system, but it's not
`17 all of it.
`18 Q What are other parts of the system?
`19 A So there would be analysis of the
`20 content. There would be a profile of the
`21 user. It would be potentially a graphical
`22 user interface.
`23 There would be databases.
`24 There would be an overall control system for
`25 managing the storage and the processing of
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`1 the video and audio.
`2 There would be playback
`3 mechanisms and probably a lot of what a
`4 computer scientist would call "glue" holding
`5 it all together.
`6 Q Thank you.
`7 And with respect to your Ph.D.
`8 studies, what was the focus of those studies?
`9 A The focus of my doctoral
`10 dissertation was what nowadays is called
`11 computational photography, although that term
`12 wasn't in common use at the time, but it was
`13 the idea that if one had a camera that could
`14 capture three dimensions instead of just
`15 two-dimensional images, so actually the
`16 distance to each pixel, which is what a
`17 connect camera does now, one could enable a
`18 variety of applications ranging from
`19 interactivity to artistic or technical
`20 modification of the imagery, because it's a
`21 computer graphics database of real scenes to
`22 very efficient encoding of video based upon a
`23 three-dimensional model.
`24 Q Would it be fair to say in general
`25 terms that the focus of your Ph.D. studies
`
`1 your duties and responsibilities?
`2 A I head a research group which
`3 conducts research in a variety of areas.
`4 As part of that, I supervise a
`5 number of graduate students, typically about
`6 seven or eight. I also have visiting
`7 researchers working in my group as well.
`8 Additionally, I am the chair
`9 of the Media Laboratory's intellectual
`10 property committee. Additionally, I am
`11 undergraduate officer for our academic
`12 program.
`13 Additionally, I am head of
`14 what's called the MAS Freshman Program, which
`15 is a specialized program for first-year
`16 undergraduates at MIT, and I have a variety
`17 of other duties as well.
`18 Q What is object-based media?
`19 A Well, object-based media is a
`20 phrase whose meaning has changed over the
`21 years.
`22 In the beginning it was really
`23 an outgrowth of my work in building scene
`24 models of real scenes, so representing video
`25 and later audio in terms of an underlying
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`1 was on video?
`2 MR. YAP: Objection to form.
`3 A I would say video was a piece of
`4 it, but probably not the main focus.
`5 Q What would you characterize as the
`6 main focus?
`7 A I think the main focus would have
`8 been acquisition of computer graphics, models
`9 of real scenes.
`10 Q So if you had to sum up your
`11 education starting with what you did in
`12 college and graduate school in pursuing your
`13 master's degree and then pursuing your Ph.D.,
`14 how would you characterize the main focus
`15 area of your studies from undergraduate to
`16 graduate?
`17 A Well, there were many different
`18 aspects to it, but I would say that digital
`19 video was a consistent thread that was part
`20 of all of my work.
`21 Q What is your current job title?
`22 A Principal research scientist at the
`23 Media Laboratory and head of the Object-Based
`24 Media Group at the Media Laboratory at MIT.
`25 Q And as part of your job, what are
`
`1 model of what was actually out there in the
`2 world rather than just pixels or waveforms.
`3 And we continue to do work of
`4 that sort; but over the years, we've added to
`5 it an emphasis on making tangible objects as
`6 intelligent, responsive and interactive as
`7 virtual objects are, so that's an extension
`8 of it, so putting sensing intelligence and
`9 interactivity into physical things.
`10 We have also over the years
`11 taken on work in advanced displays, such as
`12 holographic television displays.
`13 Q You referred to in the beginning of
`14 the work in the object-based media.
`15 Approximately when did you
`16 begin working with object-based media?
`17 A Well, I think it could be said that
`18 my doctoral dissertation was on the subject
`19 of object-based media, and I continued
`20 working on that after I turned in my
`21 dissertation.
`22 Q And that would be at or around June
`23 of 1989?
`24 A Yes.
`25 Q But you would have began work with
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`1 respect to the dissertation sometime before
`2 that?
`3 A 1986.
`4 Q 1986.
`5 You also mentioned that the
`6 meaning of object-based media has evolved
`7 over time.
`8 What was the meaning of
`9 object-based media say around 2004?
`10 MR. YAP: Objection, form.
`11 A In about 2004, it was probably
`12 about as broad as it is now.
`13 Q And what was the meaning of it when
`14 you started in that area?
`15 A Well, so when I started, when I was
`16 working on my doctoral dissertation,
`17 object-based media related to the capture of
`18 models of the real world through advanced
`19 cameras and microphones and other sensors and
`20 then enabling efficient compression, enabling
`21 personalization of content and enabling
`22 interactivity and other applications by means
`23 of those models of the world.
`24 Q As a principal research scientist,
`25 would you see your work as academically
`
`1 that you had done with Samsung?
`2 A Samsung is a member of a research
`3 consortium, and as part of that work, we tell
`4 them about what they're doing. They tell us
`5 about what they're interested in.
`6 We -- they've attended
`7 workshops that I've run on consumer
`8 electronics and on other topics, and we've
`9 just had a variety of contacts with people
`10 throughout the organizations -- the
`11 organization, rather.
`12 Q Do you meet with Samsung
`13 representatives on a periodic basis?
`14 MR. YAP: Objection.
`15 Objection, relevance.
`16 A I do meet with them, yes.
`17 Q And say this year, how many times
`18 have you met with them?
`19 MR. YAP: Same objection.
`20 A That's actually a rather difficult
`21 question to answer, because one of my
`22 colleagues is going on leave from MIT this
`23 year to help Samsung launch a new laboratory
`24 on the West Coast, and I met with him almost
`25 daily for a good portion of this year.
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`1 focused?
`2 A Well, it has an academic aspect,
`3 and we also work fairly closely with a number
`4 of industrial sponsors and collaborators as
`5 well, and so it has both an academic focus
`6 and an applied focus.
`7 Q And who are the industrial sponsors
`8 that you're working with currently?
`9 A Well, there are approximately 80 of
`10 them, and they are on the Media Laboratory
`11 website.
`12 So if you were to go there,
`13 you could get the list.
`14 Q Is Yamaha Corporation of America
`15 one of the sponsors?
`16 A I don't believe they currently are.
`17 They have been in the past, although I didn't
`18 work very closely with them at the time.
`19 Q How about Samsung?
`20 A Samsung is, yes.
`21 Q And have you worked with Samsung
`22 as -- at MIT as part of your duties and
`23 responsibilities?
`24 A Yes.
`25 Q And what was the nature of the work
`
`1 But it was never entirely
`2 clear whether I was meeting with him in his
`3 capacity as an MIT person or as a Samsung
`4 person.
`5 Q How about with Samsung personnel
`6 who are not within MIT?
`7 MR. YAP: Objection,
`8 relevance.
`9 A Possibly about once a month.
`10 Q Once a month.
`11 And how frequently were you
`12 meeting with Samsung in 2013?
`13 MR. YAP: Same objection.
`14 A Probably about the same.
`15 Q Okay.
`16 And typically what are your
`17 meetings about?
`18 MR. YAP: Objection,
`19 relevance.
`20 A Well, some of the meetings relate
`21 to intellectual property that hasn't been
`22 disclosed publicly yet, and so I'm hesitant
`23 to go into details of that.
`24 I will say that we have had
`25 quite a few meetings on the subject of
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`1 three-dimensional television displays.
`2 Q Have you had meetings with Samsung
`3 on the subject of networked media?
`4 MR. YAP: Objection,
`5 relevance.
`6 A To the degree that networked media
`7 might involve smart televisions, yes.
`8 Q How about music players?
`9 MR. YAP: Same objection.
`10 A Not that I can recall.
`11 Q Okay.
`12 Is Pioneer a sponsor?
`13 A They have been in the past.
`14 MR. YAP: Objection,
`15 relevance.
`16 A I am not certain if they are
`17 currently.
`18 Q What would help you ascertain
`19 whether or not Pioneer is currently a
`20 sponsor?
`21 A I'd have to look up the dates of
`22 their consortium membership and see if it was
`23 current or not.
`24 Q And where would you look that up?
`25 A That's actually publicly available.
`
`1 terms and conditions of membership. The
`2 company has to pay an annual membership fee.
`3 And typically, a company has
`4 to agree to sign up for a minimum of three
`5 years.
`6 Q All right.
`7 And what is the annual fee of
`8 membership in 2014?
`9 A It's currently $250,000.
`10 Q And what was it last year in 2013?
`11 A In 2013, it went from 200,000 to
`12 250,000.
`13 Q And what about 2012?
`14 A The same, $200,000.
`15 Q And besides a three-year commitment
`16 and the annual fee, what are some of the
`17 other terms and conditions in the membership
`18 contract?
`19 A There's a secondary document which
`20 is called the Member Benefits Document, and
`21 that spells out the rights and the benefits
`22 that accrue to members of the research
`23 consortia at the Media Lab.
`24 Q And what are some of the major
`25 benefits that would typically attract
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`1 So if one were to go to the Media Lab's main
`2 website, there's a link from there that gives
`3 a list of all the current sponsors.
`4 Q And that would list past sponsors
`5 as well?
`6 A No.
`7 Q Okay.
`8 So if Pioneer isn't listed --
`9 A If Pi --
`10 Q And where would you go to figure
`11 out whether Pioneer has ever been a sponsor?
`12 A I have access to a contract
`13 database that has all of the contracts that
`14 any member of the laboratory has ever signed,
`15 and so I would be able to look up any past
`16 research contracts or consortium memberships
`17 that Pioneer might have had with the lab.
`18 Q And how far back does that list go?
`19 MR. YAP: Objection,
`20 relevance.
`21 A At least to the 1990s. Possibly
`22 before.
`23 Q And what does it take for a company
`24 to become a consortium member?
`25 A The company has to agree to the
`
`1 somebody to sponsor --
`2 A Well, we have a set of annual
`3 events, both large meetings and smaller
`4 workshops, and they will receive invitations
`5 to those. They have the right to visit us.
`6 Additionally, we have a single
`7 IP pool for the entire lab and all consortia
`8 members have rights to the entire IP pool.
`9 Further, we have a portal on
`10 the web, which is only accessible to current
`11 members of the lab, which includes things
`12 like videos of events at the lab. It
`13 includes things like publications that have
`14 not been publicly released yet.
`15 It includes information about
`16 licensable software that may not be subject
`17 to patent but may be available for licensing.
`18 It includes information about
`19 patent applications that have been filed and
`20 a variety of other useful things.
`21 Q What is the IP pool that you're
`22 referring to?
`23 A So all intellectual property
`24 generated as a result of research at the
`25 Media Laboratory goes into a single pool, and
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`1 all corporate members of the laboratory,
`2 consortium members, have royalty-free rights
`3 to all the patents and other IP in that pool.
`4 Q So the patents in the pool are
`5 solely the patents that are generated as a
`6 result of the Media Lab's work?
`7 A Yes.
`8 Q What about IP generated as a result
`9 of the Media Lab's collaboration with any one
`10 of the sponsor members?
`11 A In general, we arrange things such
`12 that there is no such IP.
`13 On one or two occasions that
`14 I'm aware of when such IP was generated, the
`15 arrangement is that the IP goes into the
`16 pool, but the member who is part of the
`17 collaboration also is an assignee of the IP
`18 and has the right to license it as well,
`19 license it out as well.
`20 Q Are you currently doing any work
`21 for Samsung?
`22 MR. YAP: Objection,
`23 relevance.
`24 A Could I ask for clarification?
`25 Are you asking expert witness
`
`1 Q And have you worked with the law
`2 firm of Morrison & Foerster before?
`3 A Yes.
`4 Q And when was that?
`5 A Quite a few times going back to the
`6 1990s.
`7 Q When was the last time before
`8 the -- before your work on behalf of Yamaha
`9 in connection with these inter partes review
`10 proceedings?
`11 A I believe I was involved in another
`12 matter with Morrison & Foerster in 2012.
`13 I believe prior to that I was
`14 involved in a matter before the ITC with
`15 Morrison & Foerster in 2009 and 2010.
`16 Q And which matters were those?
`17 A So the first one was the -- was a
`18 case involving Funai at the ITC. I believe I
`19 also did work in a case involving mobile
`20 devices where I was retained on behalf of
`21 Kyocera Sanyo Telecom and Palm Incorporated
`22 through Morrison & Foerster in 2010.
`23 And I've probably done
`24 something else in the intervening period as
`25 well, but I don't have my notes in front of
`
`Page 27
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`Page 29
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`1 work or any work at all?
`2 Q Any kind of work.
`3 A I served as a proposal reviewer for
`4 a research-funding mechanism that Samsung
`5 runs in Korea.
`6 Q Anything else?
`7 A That's the only thing at this
`8 point.
`9 Q And have you ever served as an
`10 expert witness on behalf of Samsung?
`11 A I don't believe I've been retained
`12 directly by Samsung. I may have been
`13 involved in cases in which Samsung was
`14 involved but not working directly for them.
`15 Q Not on behalf of Samsung?
`16 A Not on behalf of them.
`17 Q And besides serving as an expert
`18 witness on behalf of Yamaha, have you done
`19 any other work on behalf of Yamaha?
`20 And let me clarify. Besides
`21 serving as an expert witness on behalf of
`22 Yamaha in the proceedings subject of this
`23 deposition, the IPR2013-597 and 598.
`24 A I believe this is the first
`25 compensated work I've done for Yamaha.
`
`1 me on that right now.
`2 Q Looking at the list of your
`3 consulting engagements, on pages 2 and 3 in
`4 the Bates-stamp markings on those pages, can
`5 you identify any other engagements where
`6 Morrison & Foerster was the law firm?
`7 A Well, again, I'm having to do this
`8 from memory, but I believe the Cirrus Logic
`9 matter in 1998 may have been through Morrison
`10 & Foerster.
`11 I know that several cases
`12 before the ITC, Morrison & Foerster was one
`13 of the firms that I worked with, but I may
`14 not have been retained through them because
`15 there were several firms and several parties
`16 involved. Let's see.
`17 And I think the EchoStar
`18 matter in 2007 may have been through Morrison
`19 & Foerster. At least they were involved.
`20 And that one, I think one of
`21 the Thompson matters may have involved
`22 Morrison & Foerster as well.
`23 And I think also the 20th
`24 Century Fox Home Entertainment matter may
`25 have involved Morrison & Foerster.
`
`8 (Pages 26 to 29)
`
`800-292-4789
`
`MERRILL DEPOSITION SERVICES
`www.deposition.com/washington-dc.htm
`
`BHM Ex. 2007 (previously filed in IPR2013-00598 as Ex. 2012)
`
`

`

`VICTOR MICHAEL BOVE, JR., Ph.D. - 5/29/2014
`
`Page 30
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`Page 32
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`1 But again, I'm doing this from
`2 memory. I don't have my notes in front of me
`3 on those. As you can see, I've done quite a
`4 few cases, and in many of them there were
`5 multiple parties involved and multiple law
`6 firms involved, and I may have worked with
`7 firms other than the firm that originally
`8 retained me in the matter.
`9 Q And who at Morrison & Foerster have
`10 you worked with with respect to the 20th
`11 Century Fox case?
`12 A I'm not sure which of the Morrison
`13 & Foerster offices. That may have been the
`14 Silicon Valley office.
`15 I've worked with the Silicon
`16 Valley office, the LA office, the Tokyo
`17 office, the Washington, DC office and some
`18 people from other locations as well over the
`19 years.
`20 Q Have you worked with counsel
`21 present here today from Morrison & Foerster?
`22 A Yes.
`23 Q Prior to your work on this inter
`24 partes review?
`25 A I have.
`
`1 analyzed hardware. I've analyzed software.
`2 I've conducted experiments. I've analyzed
`3 design of chips.
`4 I have reviewed references.
`5 I've done prior art searches, and I've also
`6 evaluated prior art that was searched for by
`7 others.
`8 I've written declarations.
`9 I've written reports. I've assisted in the
`10 preparation of tutorial materials.
`11 I've simply acted as a
`12 consultant in some matters where just my
`13 opinion was sought but there was no written
`14 work product.
`15 And I've traveled to various
`16 locations to see particular technological
`17 setups as they're actually deployed, so a
`18 broad range of activities.
`19 Q How much time, approximately, do
`20 you think was devoted to work on validity or
`21 invalidity aspect of patents?
`22 MR. YAP: Objection to the
`23 extent it calls for privileged information.
`24 A Might I ask for a clarification?
`25 In this case or overall, across all of the
`
`Page 31
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`Page 33
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`1 Q When was the last time that you
`2 worked with them prior to your engagement
`3 with respect to these inter partes review
`4 proceedings?
`5 A I worked with Mr. Yap on the Funai
`6 case in 2010; and Mr. Fehrman has been
`7 involved in matters I've worked on in the
`8 past as well, I believe.
`9 Q And that's going back to when?
`10 A I don't know precisely the dates.
`11 Q Approximately? Going back ten
`12 years, more than ten years?
`13 A Less than ten years.
`14 Q Less than ten years, okay.
`15 So you've -- it appears from
`16 your CV that you have been consulting since
`17 1996, is that right, consulting on patent
`18 cases since 1996?
`19 MR. YAP: Objection, form.
`20 A I believe that's correct.
`21 Q As part of your consulting on
`22 patent cases, what types of activities are
`23 you typically engaged in?
`24 A It really varies. It's a function
`25 of the case. And so in the past, I have
`
`1 consulting?
`2 Q Across all of your consultants --
`3 consultancies, can you estimate how much --
`4 what percentage was devoted to analysis of
`5 validity or invalidity of patents versus, for
`6 example, infringement or non-infringement
`7 analysis?
`8 A I would say it's probably about a
`9 50-50 split.
`10 Q Okay.
`11 Have you provided testimony in
`12 court before?
`13 A Yes.
`14 Q On how many occasions?
`15 A I don't recall the precise number
`16 of occasions, but several occasions.
`17 Q Less than five, more than five?
`18 A More than five.
`19 Q More than ten?
`20 A Pro