In The Matter Of:
`
`YAMAHA CORPORATION OF AMERICA
`v.
` BLACK HILLS MEDIA, LLC
`
` ___________________________________________________
`
`V. MICHAEL BOVE, JR. - Vol. 1
`January 16, 2015
`
` ___________________________________________________
`
`
`
`
`IPR2014-00711 BHM Ex. 2011 (previously filed in IPR2014-00733 as Ex. 2004)
`
`
`
`YAMAHA CORPORATION OF AMERICA
`v.
` BLACK HILLS MEDIA, LLC
`
` ___________________________________________________
`
`V. MICHAEL BOVE, JR. - Vol. 1
`January 16, 2015
`
` ___________________________________________________
`
`
`
`
`IPR2014-00711 BHM Ex. 2011 (previously filed in IPR2014-00733 as Ex. 2004)
`
`
`
`V. MICHAEL BOVE, JR. - 1/16/2015
`
`Page 1
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
`
` BEFORE THE TRIAL AND APPEAL BOARD
`
` Nos. IPR2014-00733, IPR2014-00766
`
`- - - - - - - - - - - - - - - - - - X
`
`YAMAHA CORPORATION OF AMERICA,
`
` Petitioner,
`
` v.
`
`BLACK HILLS MEDIA, LLC,
`
` Patent Owner.
`
`- - - - - - - - - - - - - - - - - - X
`
` VOLUME I Pages 1-125
`
` VIDEOTAPED DEPOSITION OF V. MICHAEL BOVE, JR., Ph.D.
`
` Friday, January 16, 2015, 9:48 a.m.
`
` Pepper Hamilton LLP
`
` 125 High Street
`
` Boston, Massachusetts 02110
`
` ------ Reporter: Kimberly A. Smith, CRR, RDR ------
`
` Realtime Systems Administrator
`
` Merrill Legal Solutions
`
`617-542-0039
`
`Merrill Corporation - Boston
`www.merrillcorp.com/law
`
`IPR2014-00711 BHM Ex. 2011 (previously filed in IPR2014-00733 as Ex. 2004)
`
`
`
`V. MICHAEL BOVE, JR. - 1/16/2015
`
`Page 2
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` APPEARANCES:
`
` Morrison & Foerster LLP
`
` By: Martin M. Noonen, Esq.
`
` 707 Wilshire Boulevard
`
` Los Angeles, CA 90017-3543
`
` (213) 892-5764
`
` mnoonen@mofo.com
`
` for the Petitioner;
`
` Pepper Hamilton LLP
`
` By: Lana A. Gladstein, Esq.
`
` and George S. Haight, IV, Esq.
`
` 19th Floor, High Street Tower
`
` 125 High Street
`
` Boston, MA 02110-2736
`
` (617) 204-5100
`
` gladsteinl@pepperlaw.com
`
` haightg@pepperlaw.com
`
` for the Patent Owner.
`
` Also Present: Shawn Budd, Videographer
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`www.merrillcorp.com/law
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`IPR2014-00711 BHM Ex. 2011 (previously filed in IPR2014-00733 as Ex. 2004)
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`
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`V. MICHAEL BOVE, JR. - 1/16/2015
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`Page 3
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` I N D E X
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` WITNESS: V. Michael Bove, Jr., Ph.D.
`
` EXAMINATION Page
`
` By Ms. Gladstein 6
`
` AFTERNOON SESSION
`
` By Ms. Gladstein 64
`
` EXHIBITS FOR IDENTIFICATION:
`
` Bove Description Page
`
` Exhibit 1 Deposition notice re 6
`
` IPR2014-00733
`
` Exhibit 2 Deposition notice re 6
`
` IPR2014-00766
`
` Exhibit 3 Witness's 6/4/13 declaration 7
`
` re '356 patent
`
` Exhibit 4 U.S. Patent 8,458,356 20
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` Exhibit 5 Witness's 7/3/12 declaration 8
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` re '873 patent
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` Exhibit 6 Marked, but withdrawn 120
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` Exhibit 7 U.S. Patent 6,502,194 21
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` Exhibit 8 U.S. Patent Application 69
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` 2002/0087996
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`www.merrillcorp.com/law
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`IPR2014-00711 BHM Ex. 2011 (previously filed in IPR2014-00733 as Ex. 2004)
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`
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`V. MICHAEL BOVE, JR. - 1/16/2015
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`Page 4
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` EXHIBITS FOR IDENTIFICATION: (continued)
`
` Bove Description Page
`
` Exhibit 9 U.S. Patent 7,472,353 94
`
` Exhibit 10 5/29/14 witness's excerpted 77
`
` testimony, pages 174-181
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` Exhibit 11 U.S. Patent 6,622,018 105
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` Exhibit 12 U.S. Patent Application 110
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` 2001/0044321
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` Exhibit 13 U.S. Patent Application
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` 2002/0173339 113
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` Exhibit 14 5/29/14 witness's excerpted 107
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` testimony, pages 178-193
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` Original Exhibits 1-5 and 7-14 returned to Pepper
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` Hamilton
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`www.merrillcorp.com/law
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`IPR2014-00711 BHM Ex. 2011 (previously filed in IPR2014-00733 as Ex. 2004)
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`V. MICHAEL BOVE, JR. - 1/16/2015
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`Page 5
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` THE VIDEOGRAPHER: We are on the record.
`
`09:48:06
`
` This is the video operator speaking, Shawn Budd,
`
` with Merrill Legal Solutions. Today's date is
`
` January 16, 2015, and the time is 9:49 a.m.
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` We are here at the offices of Pepper
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`09:48:10
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`09:48:13
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`09:48:16
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`09:48:20
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` Hamilton, Boston, Massachusetts, to take the video
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`09:48:24
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` deposition of V. Michael Bove, Ph.D., in the matter
`
`09:48:27
`
` of Yamaha Corporation of America vs. Black Hills
`
` Media, LLC.
`
` Would counsel please introduce
`
` themselves.
`
`09:48:33
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`09:48:39
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`09:48:39
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`09:48:42
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` MS. GLADSTEIN: Lana Gladstein of Pepper
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`09:48:43
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` Hamilton on behalf of patentholder, Black Hills
`
`09:48:45
`
` Media, LLC; and with me is George Haight of Pepper
`
`09:48:47
`
` Hamilton.
`
`09:48:51
`
` MR. NOONEN: Martin Noonen of Morrison &
`
`09:48:51
`
` Foerster on behalf of petitioner, Yamaha Corporation
`
`09:48:55
`
` of America.
`
` THE VIDEOGRAPHER: And the court
`
` reporter is Kim Smith. Would you please swear in
`
` the witness.
`
` V. MICHAEL BOVE, JR., Ph.D.,
`
` having been satisfactorily identified by the
`
` production of his driver's license, and
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`09:48:58
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`09:48:58
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`09:48:59
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`09:49:01
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`617-542-0039
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`Merrill Corporation - Boston
`www.merrillcorp.com/law
`
`IPR2014-00711 BHM Ex. 2011 (previously filed in IPR2014-00733 as Ex. 2004)
`
`
`
`V. MICHAEL BOVE, JR. - 1/16/2015
`
`Page 6
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` duly sworn by the court reporter, was deposed
`
` and testified as follows:
`
` EXAMINATION
`
` BY MS. GLADSTEIN:
`
` Q. Good morning, Dr. Bove.
`
` A. Good morning.
`
` (Bove Exhibit 1 was marked
`
` for identification.)
`
` BY MS. GLADSTEIN:
`
` Q. I am handing you what's been marked as
`
` Exhibit 1.
`
` Have you seen this document before?
`
` A. Yes.
`
` Q. And what is this document?
`
`09:49:08
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`09:49:08
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`09:49:12
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`09:49:15
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`09:49:19
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`09:49:22
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`09:49:31
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`09:49:31
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` A. This is a notice of deposition with respect
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`09:49:32
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` to the '356 patent.
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` (Bove Exhibit 2 was marked
`
` for identification.)
`
` BY MS. GLADSTEIN:
`
`09:49:37
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`09:49:43
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`09:49:44
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`09:49:44
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` Q. And let me hand you what has been marked as
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`09:49:44
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` Exhibit 2.
`
` Do you recognize this document?
`
` A. I do.
`
` Q. What is it?
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`09:49:46
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`09:49:47
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`09:49:48
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`Merrill Corporation - Boston
`www.merrillcorp.com/law
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`IPR2014-00711 BHM Ex. 2011 (previously filed in IPR2014-00733 as Ex. 2004)
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`
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`V. MICHAEL BOVE, JR. - 1/16/2015
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` A. This is a notice of deposition for the
`
` '873 patent.
`
`Page 7
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`09:49:52
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`09:49:55
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` Q. And do you have an understanding as to why
`
`09:49:58
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` you're here today?
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` A. I do.
`
` Q. And what is that understanding?
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` A. Well, again, not speaking from a legal
`
` perspective, but simply from an expert witness
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` perspective, my understanding is that I am to be
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`09:50:01
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`09:50:02
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`09:50:02
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`09:50:04
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`09:50:09
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`09:50:12
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` deposed on two declarations that I wrote in May of
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`09:50:13
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` 2014 regarding the two patents.
`
` Q. Thank you. Is there anything that would
`
` preclude your testifying truthfully here today?
`
` A. None that I'm aware of.
`
` (Bove Exhibit 3 was marked
`
` for identification.)
`
` BY MS. GLADSTEIN:
`
` Q. Great. Let me show you what has been
`
` marked as Exhibit 3.
`
` Do you recognize that document?
`
` A. I do.
`
` Q. And what is that document?
`
` A. This is a declaration that I prepared on
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` May 6, 2014 regarding the '356 patent.
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`09:50:20
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`IPR2014-00711 BHM Ex. 2011 (previously filed in IPR2014-00733 as Ex. 2004)
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`V. MICHAEL BOVE, JR. - 1/16/2015
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`Page 8
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` Q. And does page 12, which is the last page of
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`09:51:24
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` this document, bear your signature?
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` A. It does.
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` Q. I also note that that page has a stamp of
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` "Yamaha Corporation of America, Exhibit 1002,
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` page 13."
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` MR. NOONEN: I just note that the
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`09:51:31
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`09:51:40
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`09:52:04
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` declaration as filed included, I think, his CV as an
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`09:52:07
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` exhibit. So this is, I guess, a partial of that
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` declaration.
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`09:52:11
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`09:52:13
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` MS. GLADSTEIN: I'm glad you're bringing
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`09:52:14
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` that up, counsel, because as this document was posted
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`09:52:15
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` on the PTAB portal, there is no Attachment A --
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` MR. NOONEN: Oh.
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`09:52:23
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`09:52:28
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` MS. GLADSTEIN: -- with this document.
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`09:52:28
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` So I was going to ask you off the record, but this
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`09:52:29
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` is fine.
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` MR. NOONEN: Let me look into that.
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` MS. GLADSTEIN: Okay.
`
` (Bove Exhibit 5 was marked
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` for identification.)
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` BY MS. GLADSTEIN:
`
` Q. Let me show you for identification, what
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` has been marked as Exhibit 5.
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`09:52:34
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`09:52:35
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`Merrill Corporation - Boston
`www.merrillcorp.com/law
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`IPR2014-00711 BHM Ex. 2011 (previously filed in IPR2014-00733 as Ex. 2004)
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`
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`V. MICHAEL BOVE, JR. - 1/16/2015
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`Page 9
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` MR. NOONEN: Is this 4 or 5?
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`09:52:46
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` MS. GLADSTEIN: 5. We're skipping 4 for
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`09:52:50
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` now.
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` BY MS. GLADSTEIN:
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` Q. Do you recognize this document?
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` A. I do.
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` Q. And what is this document?
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` A. This is a declaration that I prepared on
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` May 16, 2014, regarding the '873 patent, in
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` particular, four claims of the '873 patent.
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` And this one does, I will note, include my CV as
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` an appendix.
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` Q. And does page 13 of the document, not the
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` Yamaha Corporation of America stamp, the actual
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` document, does that bear your signature?
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` A. I believe that is page 14 that bears my
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` signature.
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` Q. That is page 14 on the stamp --
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` A. Oh, yes, I'm sorry.
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` Q. -- of Yamaha Corporation of America.
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`09:52:54
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` A. Page 13 in the document numbering bears my
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`09:53:57
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` signature.
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` Q. Right. So these are the two declarations
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` that you referred to earlier that you will be
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`09:53:59
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`IPR2014-00711 BHM Ex. 2011 (previously filed in IPR2014-00733 as Ex. 2004)
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`V. MICHAEL BOVE, JR. - 1/16/2015
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`Page 10
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` testifying about today?
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` A. That is my understanding, yes.
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` Q. Very good. So Dr. Bove, you were deposed
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`09:54:07
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`09:54:09
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`09:54:11
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` in connection with another two Yamaha IPR petitions
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`09:54:28
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` earlier in 2014; isn't that right?
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` A. Yes.
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` Q. And do you recall your deposition?
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` A. I do.
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` Q. Or depositions in those cases. Okay.
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` So since -- I will represent for the
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` record the depositions in those cases occurred on
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` May 29 and May 30 of 2014. So since May 29 and
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` May 30 of 2014, have you been deposed -- up until
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` today, have you been deposed?
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` A. In this matter or in any matter?
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` Q. In any matter.
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`09:54:38
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` A. Yes. I was deposed in September in another
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`09:55:18
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` matter, which is now settled, I understand.
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` Q. Is that a patent matter?
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` A. It was.
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` Q. Do you remember the case caption?
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` A. I don't remember the case caption.
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` I remember that that was a case in which I was
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` working for Hulu.
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`09:55:21
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`www.merrillcorp.com/law
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`IPR2014-00711 BHM Ex. 2011 (previously filed in IPR2014-00733 as Ex. 2004)
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`V. MICHAEL BOVE, JR. - 1/16/2015
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`Page 11
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` Q. Google?
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` A. Hulu, H-u-l-u.
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` Q. Oh, Hulu. Okay. Do you recall in the
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` deposition that you had on behalf of Yamaha
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`09:55:49
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`09:55:54
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`09:56:06
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` Corporation in the other two IPRs involving the '873
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`09:56:12
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` and the '099 patents, you testified about Samsung
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` being a member of the MIT Media Lab?
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` A. Yes.
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`09:56:16
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`09:56:21
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`09:56:28
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` Q. And I believe you testified that they have
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`09:56:29
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` an annual membership fee obligation and a three-year
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`09:56:31
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` commitment with the media lab?
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`09:56:36
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` A. Well, it's a minimum three-year commitment.
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`09:56:39
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` I don't know what the end date is on the contract
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` that they currently have.
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` Q. In 2014, did Samsung pay its annual
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` membership fee?
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` A. I -- That would be a question I'd have to
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`09:56:42
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`09:56:46
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`09:56:47
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`09:56:53
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`09:56:54
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` send to MIT's accounts receivable. But inasmuch as
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`09:56:59
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` I understand that they are still a member in good
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` standing, I think I can assume that they paid.
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` Q. And typically, when is the membership fee
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` due?
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` MR. NOONEN: Objection. Relevance.
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`09:57:02
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`09:57:04
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`09:57:07
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`09:57:10
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`09:57:11
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` THE WITNESS: The membership fee is due,
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`09:57:13
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`www.merrillcorp.com/law
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`IPR2014-00711 BHM Ex. 2011 (previously filed in IPR2014-00733 as Ex. 2004)
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`V. MICHAEL BOVE, JR. - 1/16/2015
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`Page 12
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` depending upon the date on which the contract is
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`09:57:17
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` signed. So there isn't a specific date when all of
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`09:57:19
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` the members pay.
`
` BY MS. GLADSTEIN:
`
` Q. Do you have an understanding whether
`
` Samsung paid their 2014 annual membership fee?
`
` MR. NOONEN: Objection. Relevance.
`
`09:57:23
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`09:57:23
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`09:57:27
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`09:57:28
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`09:57:32
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` THE WITNESS: Well, as I said, it's not
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`09:57:35
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` based on a calendar year or fiscal year. It's based
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`09:57:38
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` upon simply maintaining membership by paying each
`
` year on or around the anniversary date of the
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`09:57:41
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`09:57:47
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` contract signing. I'm not aware of what that date
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`09:57:50
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` is. So I don't know that the phrase "2015
`
`09:57:52
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` membership" is actually meaningful in that context.
`
`09:57:56
`
` BY MS. GLADSTEIN:
`
` Q. But it's your understanding that they are
`
` in good standing?
`
` MR. NOONEN: Objection. Relevance.
`
` THE WITNESS: It is my understanding
`
` that Samsung is a member in good standing of the
`
` media laboratory.
`
` BY MS. GLADSTEIN:
`
` Q. Is Yamaha a member of the media lab?
`
` A. They are not at this time.
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`09:57:59
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`Merrill Corporation - Boston
`www.merrillcorp.com/law
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`IPR2014-00711 BHM Ex. 2011 (previously filed in IPR2014-00733 as Ex. 2004)
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`V. MICHAEL BOVE, JR. - 1/16/2015
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`Page 13
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` Q. What about LG?
`
` A. LG --
`
` MR. NOONEN: Objection. Relevance.
`
` THE WITNESS: LG is a member of the
`
` media lab at this time.
`
` BY MS. GLADSTEIN:
`
` Q. And the annual membership fee for Samsung
`
` is still $250,000 --
`
` MR. NOONEN: Objection.
`
` BY MS. GLADSTEIN:
`
` Q. -- a year?
`
` MR. NOONEN: Objection. Relevance.
`
`09:58:12
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`09:58:16
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`09:58:16
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`09:58:17
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`09:58:19
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`09:58:31
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`09:58:34
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`09:58:35
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` THE WITNESS: That is the minimum amount
`
`09:58:36
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` to be a member of the media lab consortium. I'm not
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`09:58:38
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` aware of the precise amount that Samsung is paying
`
`09:58:43
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` this year.
`
` BY MS. GLADSTEIN:
`
` Q. So it could be more than that?
`
` A. It could indeed be more than that.
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`09:58:45
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`09:58:46
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`09:58:46
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`09:58:47
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` Q. And what's the maximum that a member would
`
`09:58:49
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` pay?
`
` MR. NOONEN: Objection. Relevance.
`
` THE WITNESS: There is no maximum.
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`09:58:52
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`Merrill Corporation - Boston
`www.merrillcorp.com/law
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`IPR2014-00711 BHM Ex. 2011 (previously filed in IPR2014-00733 as Ex. 2004)
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`V. MICHAEL BOVE, JR. - 1/16/2015
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`Page 14
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` BY MS. GLADSTEIN:
`
` Q. What's the range of membership fees?
`
` MR. NOONEN: Objection. Relevance.
`
` THE WITNESS: We have had members pay
`
` more than $1 million a year.
`
` BY MS. GLADSTEIN:
`
` Q. And what is the criteria that affects the
`
` amount of the membership fee?
`
` MR. NOONEN: Objection. Relevance.
`
` THE WITNESS: There are a variety of
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`09:58:56
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`09:58:57
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`09:59:03
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`09:59:16
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`09:59:18
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` different ways in which members can pay money above
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`09:59:21
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` and beyond their base consortium membership.
`
` They may, for example, provide
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`09:59:25
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`09:59:28
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` fellowships to support particular graduate students.
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`09:59:30
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` They may pay to be part of a smaller initiative or a
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`09:59:34
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` special interest group which is doing a deep dive
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`09:59:39
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` into a particular area of inquiry. They may pay to
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`09:59:42
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` support materials and services or equipment costs
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`09:59:46
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` associated with a particular project where they have
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`09:59:50
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` an interest. They may pay to endow a chair. They
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`09:59:54
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` may pay for a variety of other reasons.
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` BY MS. GLADSTEIN:
`
`09:59:59
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`10:00:03
`
` Q. Do you know what LG's annual membership fee
`
`10:00:03
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` is?
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`10:00:06
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`Merrill Corporation - Boston
`www.merrillcorp.com/law
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`IPR2014-00711 BHM Ex. 2011 (previously filed in IPR2014-00733 as Ex. 2004)
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`V. MICHAEL BOVE, JR. - 1/16/2015
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`Page 15
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` MR. NOONEN: Objection. Relevance.
`
`10:00:07
`
` THE WITNESS: I am not aware of how much
`
`10:00:09
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` they're paying at this point.
`
` BY MS. GLADSTEIN:
`
` Q. But it would be at least $250,000?
`
` MR. NOONEN: Objection. Relevance.
`
` THE WITNESS: That would be my
`
` understanding.
`
` BY MS. GLADSTEIN:
`
` Q. And the membership carries a minimum of a
`
` three-year commitment?
`
` MR. NOONEN: Objection. Relevance.
`
`10:00:10
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`10:00:11
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`10:00:11
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`10:00:14
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`10:00:17
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`10:00:18
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`10:00:21
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`10:00:22
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`10:00:24
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`10:00:26
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` THE WITNESS: Yes. That is the general
`
`10:00:31
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` policy. Although contracts are written for varying
`
`10:00:32
`
` periods of time.
`
` BY MS. GLADSTEIN:
`
`10:00:38
`
`10:00:39
`
` Q. Since the last deposition in May -- the end
`
`10:00:39
`
` of May, May 29 and 30, did you have any meetings
`
` with Samsung's personnel?
`
` A. Yes.
`
` Q. And how many meetings did you have?
`
`10:00:42
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`10:00:47
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`10:00:48
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`10:00:49
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` A. Samsung's personnel have attended events at
`
`10:00:51
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` the media laboratory. There were some Samsung
`
` personnel with whom I met at the Consumer
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`Merrill Corporation - Boston
`www.merrillcorp.com/law
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`IPR2014-00711 BHM Ex. 2011 (previously filed in IPR2014-00733 as Ex. 2004)
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`V. MICHAEL BOVE, JR. - 1/16/2015
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`Page 16
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` Electronics Show last week. Some of our alumni, in
`
`10:01:09
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` fact, are Samsung personnel. And I met with several
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`10:01:12
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` of them because there was an alumni reception at the
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`10:01:15
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` Consumer Electronics Show.
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`10:01:19
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` In no case, however, was the subject of
`
`10:01:21
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` these IPRs brought up. It was simply talking about
`
`10:01:25
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` media lab business.
`
`10:01:28
`
` Q. Turning our attention to IPR2014-00733 and
`
`10:01:39
`
` IPR2014-00766 --
`
`10:01:59
`
` A. Might I request, as I did last time, that --
`
`10:02:07
`
` so that we're all on the same page -- we refer to
`
`10:02:11
`
` these as the '356 IPR and the '873 IPR? Or at least
`
`10:02:16
`
` I'll reserve the right to refer to them in that way.
`
`10:02:24
`
` MR. NOONEN: There's so many three-digit
`
`10:02:28
`
` numbers flowing around, it's kind of confusing.
`
`10:02:30
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` THE WITNESS: I'd rather just refer to
`
`10:02:31
`
` them using the patent numbers rather than the IPR
`
` numbers, by my . . .
`
`10:02:33
`
`10:02:38
`
` MS. GLADSTEIN: We didn't do that last
`
`10:02:39
`
` time. We referred to the patents and we didn't
`
` really refer to the IPR number. I think if we
`
`10:02:41
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`10:02:43
`
` called them -- you know if I say IPR when it's a 733
`
`10:02:50
`
` IPR, I think it would just be very, very confusing.
`
`10:02:51
`
` Why don't we just refer to the
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`10:02:56
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`617-542-0039
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`Merrill Corporation - Boston
`www.merrillcorp.com/law
`
`IPR2014-00711 BHM Ex. 2011 (previously filed in IPR2014-00733 as Ex. 2004)
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`
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`V. MICHAEL BOVE, JR. - 1/16/2015
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`Page 17
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` declaration for the '356 patent, the declaration for
`
`10:02:57
`
` it.
`
`10:02:57
`
` THE WITNESS: That will accomplish the
`
`10:02:57
`
` same thing. Thank you.
`
`10:03:00
`
` MR. NOONEN: How about, if I sense any
`
`10:03:00
`
` confusion, can I chime in just to hopefully clarify
`
`10:03:01
`
` for the record? I'm not trying to coach or anything,
`
`10:03:05
`
` but I know how the numbers can get confusing.
`
`10:03:08
`
` MS. GLADSTEIN: Absolutely. I think we
`
`10:03:11
`
` would all want the record to be clear, right?
`
` MR. NOONEN: Yes.
`
` BY MS. GLADSTEIN:
`
`10:03:13
`
`10:03:15
`
`10:03:16
`
` Q. So I was just stating for the record, let's
`
`10:03:16
`
` turn our attention to the IPRs at issue here, which
`
`10:03:18
`
` are IPR2014-00733 and IPR2014-00766.
`
` When were you first contacted in
`
` connection with your work on these IPRs?
`
` A. Well, I will start by noting that I was
`
` already involved in prior IPRs involving either
`
` related or the same patents as in this case.
`
` And so this was a direct outgrowth of
`
`10:03:23
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`10:03:37
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`10:03:39
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`10:03:45
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`10:03:51
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`10:03:55
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`10:04:00
`
` that other work. And counsel at Morrison & Foerster
`
`10:04:03
`
` asked me, would I be willing to prepare additional
`
`10:04:12
`
` declarations inasmuch as I was already familiar with
`
`10:04:15
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`617-542-0039
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`Merrill Corporation - Boston
`www.merrillcorp.com/law
`
`IPR2014-00711 BHM Ex. 2011 (previously filed in IPR2014-00733 as Ex. 2004)
`
`
`
`V. MICHAEL BOVE, JR. - 1/16/2015
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`Page 18
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` the subject matter, familiar with much of the prior
`
`10:04:18
`
` art as a result of my other work. I don't know
`
` precisely when that conversation took place.
`
` Q. Do you remember who the counsel was that
`
` asked you whether you would be willing to provide
`
` additional declarations?
`
` A. David Fehrman and Alex Yap.
`
` Q. Did you have any in-person meetings with
`
` counsel in connection with these IPRs?
`
` A. Well, I've certainly had an in-person
`
`10:04:20
`
`10:04:22
`
`10:04:29
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`10:04:32
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`10:04:34
`
`10:04:35
`
`10:04:42
`
`10:04:45
`
`10:04:52
`
` meeting with counsel present today. However, during
`
`10:04:56
`
` the period that I was preparing these declarations,
`
`10:04:59
`
` we conducted all of our conversations by telephone.
`
`10:05:02
`
` Q. And when did the in-person meeting with
`
` counsel sitting here occur?
`
` A. Yesterday and this morning.
`
`10:05:10
`
`10:05:14
`
`10:05:17
`
` Q. And there were no prior in-person meetings
`
`10:05:20
`
` with counsel sitting here today?
`
` A. No.
`
`10:05:23
`
`10:05:26
`
` Q. And the meetings that you had with counsel
`
`10:05:28
`
` were in connection with preparing for your
`
` deposition?
`
` A. The meetings with Mr. Noonen were in
`
` connection with preparing for today's deposition,
`
`10:05:31
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`10:05:33
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`617-542-0039
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`Merrill Corporation - Boston
`www.merrillcorp.com/law
`
`IPR2014-00711 BHM Ex. 2011 (previously filed in IPR2014-00733 as Ex. 2004)
`
`
`
`V. MICHAEL BOVE, JR. - 1/16/2015
`
` yes.
`
` Q. So how did you go about preparing for
`
` today's deposition?
`
`Page 19
`
`10:05:41
`
`10:05:43
`
`10:05:46
`
` MR. NOONEN: I'd just like to object to
`
`10:05:46
`
` the line of questioning about how -- I'm sorry.
`
` Deposition?
`
`10:05:48
`
`10:05:51
`
` MS. GLADSTEIN: I'll repeat the question.
`
`10:05:53
`
` MR. NOONEN: I'll withdraw the objection.
`
`10:05:54
`
` I'm sorry.
`
` BY MS. GLADSTEIN:
`
`10:05:55
`
`10:05:56
`
` Q. How did you go about preparing for today's
`
`10:05:56
`
` deposition?
`
` A. I reviewed the declarations. I reviewed
`
` materials cited in the declarations. And I also
`
` reviewed some filings by petitioner and patent
`
` holder that have issued since the date of these
`
` declarations.
`
`10:05:58
`
`10:05:58
`
`10:06:03
`
`10:06:06
`
`10:06:11
`
`10:06:16
`
` Q. Approximately about how many hours did you
`
`10:06:22
`
` spend in connection with your declarations on the
`
` '873 and '356 patents in these cases? And by
`
` "these," I mean IPR2014-733 and 766.
`
` A. I did not review my billing records from
`
` last May and June in preparation for today, so I
`
` don't have a precise figure for that. But that
`
`10:06:37
`
`10:06:43
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`10:06:49
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`617-542-0039
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`Merrill Corporation - Boston
`www.merrillcorp.com/law
`
`IPR2014-00711 BHM Ex. 2011 (previously filed in IPR2014-00733 as Ex. 2004)
`
`
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`V. MICHAEL BOVE, JR. - 1/16/2015
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`Page 20
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` would be reflected in the bills that I would have
`
` submitted in May or June to Morrison & Foerster.
`
`10:07:05
`
`10:07:08
`
` Q. And what was the hourly rate for your work?
`
`10:07:13
`
` A. $650.
`
`10:07:16
`
` Q. Did you bring any documents with you today?
`
`10:07:31
`
` A. Yes.
`
` Q. And what documents did you bring?
`
` A. I have copies of my declarations.
`
` Q. Anything else?
`
` A. I have my calendar book.
`
` Q. Anything else?
`
` A. No. I think that's it.
`
`10:07:33
`
`10:07:33
`
`10:07:34
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`10:07:36
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`10:07:37
`
`10:07:41
`
`10:07:42
`
` Q. And is there any notation on the copies of
`
`10:07:46
`
` your declarations?
`
` A. No.
`
` Q. So they're clean copies?
`
` A. They are.
`
` (Bove Exhibit 4 was marked
`
` for identification.)
`
` BY MS. GLADSTEIN:
`
` Q. Let me hand you what has been marked
`
` Exhibit 4.
`
` Have you seen this document before?
`
` A. I have.
`
`10:07:52
`
`10:07:52
`
`10:07:54
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`10:07:55
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`10:08:39
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`617-542-0039
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`Merrill Corporation - Boston
`www.merrillcorp.com/law
`
`IPR2014-00711 BHM Ex. 2011 (previously filed in IPR2014-00733 as Ex. 2004)
`
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`
`V. MICHAEL BOVE, JR. - 1/16/2015
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`Page 21
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` Q. And what is this document?
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`10:08:49
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` A. This document is the '356 patent to Martin
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`10:08:51
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` Weel.
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`10:08:57
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` Q. And is this the patent that is the subject
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`10:09:01
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` of your declaration in the IPR2014-00733?
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` A. Yes, it is.
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` MR. NOONEN: Can we go off the record
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` just for a second.
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` MS. GLADSTEIN: Sure.
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` THE VIDEOGRAPHER: The time is
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` 11 minutes after 10:00. We're off the record.
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` (Recess at 10:09 a.m.,
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` resumed at 10:10 a.m.)
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` THE VIDEOGRAPHER: We are back on the
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` record. The time is 11 minutes after 10:00.
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` (Bove Exhibit 7 was marked
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` for identification.)
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` BY MS. GLADSTEIN:
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`10:09:03
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`10:09:11
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`10:09:36
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`10:09:38
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`10:09:39
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`10:09:40
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`10:09:42
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`10:09:50
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`10:10:19
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`10:10:22
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`10:10:24
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`10:10:43
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`10:10:43
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`10:10:43
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` Q. Dr. Berman [sic], I'm handing you what has
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`10:10:48
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` been marked as Exhibit 7.
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` Do you recognize this document?
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` A. I do.
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` Q. What is it?
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` A. This is a Patent '194 to Berman, et al.
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`10:10:51
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`10:10:53
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`10:10:58
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`10:10:59
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`10:11:01
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`617-542-0039
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`Merrill Corporation - Boston
`www.merrillcorp.com/law
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`IPR2014-00711 BHM Ex. 2011 (previously filed in IPR2014-00733 as Ex. 2004)
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`
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`V. MICHAEL BOVE, JR. - 1/16/2015
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`Page 22
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` Q. And when was the last time that you've seen
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`10:11:10
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` this document?
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` A. I believe sometime in the past week.
`
` Q. And it is also the same patent to Berman
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` that was involved in the IPR in connection with
`
` the '099 patent?
`
` A. That is my recollection, yes.
`
` Q. What is shown in Figure 1 of Berman?
`
` A. Figure 1 shows a block diagram of a
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` playback unit, which is the playback unit of the
`
` claimed invention.
`
` Q. Of the claimed invention in Berman?
`
` A. In Berman, yes.
`
` Q. Is that the only thing that's shown in
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` Figure 1?
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` A. Well, it also shows a network connection.
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`10:11:12
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`10:11:20
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`10:11:23
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`10:11:27
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`10:11:35
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`10:11:37
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`10:11:48
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`10:12:08
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`10:12:11
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`10:12:23
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`10:12:25
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`10:12:32
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` And it shows two servers, two remote servers on the
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`10:12:40
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` network, as well as a connection to a home audio
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` system.
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` Q. And what kind of connection is there with
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` the home audio system?
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` A. Well, there's a discussion of the
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`10:12:46
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`10:12:50
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`10:13:05
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`10:13:08
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`10:13:09
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` connection that begins at the bottom of Column 5 at
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`10:14:26
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` line 65, where it says that the information is
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`10:14:30
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`617-542-0039
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`Merrill Corporation - Boston
`www.merrillcorp.com/law
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`IPR2014-00711 BHM Ex. 2011 (previously filed in IPR2014-00733 as Ex. 2004)
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`
`
`V. MICHAEL BOVE, JR. - 1/16/2015
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`Page 23
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` provided to the home audio system in a format that
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`10:14:39
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` can be used by that system. And then it provides
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` some examples at the beginning of Column 6.
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` Q. And what are those examples?
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` A. It says it "can comprise" -- and here I'm
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` reading directly from the top of Column 6 -- "for
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` example, can comprise a direct wire connection to
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` home audio loudspeakers that receive an analog
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` signal, or can be a connection to a signal
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` processor, receiver, or other control and/or
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` amplification device for playback using the
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` loudspeakers of the home audio system."
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`10:14:41
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`10:14:45
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`10:14:49
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`10:14:55
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`10:15:04
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`10:15:17
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`10:15:21
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` Q. Does it disclose a remote connection to the
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`10:15:26
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` playback unit of the home audio system?
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` A. Could you clarify the question. Do you
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` mean that there's a remote control involved?
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`10:15:31
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`10:15:37
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`10:15:43
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` Q. No. Can the home audio system be connected
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`10:15:45
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` to the playback unit remotely, not hardwired?
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` A. Well, the sentence that I've just read
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`10:15:49
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`10:15:59
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` provides two examples. It says it "can comprise a
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`10:16:01
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` direct wire connection . . . or can be a connection."
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`10:16:07
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` And the second mention of "connection" does not say
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`10:16:11
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` what kind of connection that encompasses.
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`10:16:14
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` But given that it's opposed to a direct
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`10:16:17
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`617-542-0039
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`Merrill Corporation - Boston
`www.merrillcorp.com/law
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`IPR2014-00711 BHM Ex. 2011 (previously filed in IPR2014-00733 as Ex. 2004)
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`
`
`V. MICHAEL BOVE, JR. - 1/16/201
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