`
` UNITED STATES PATENT AND TRADEMARK OFFICE
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
` ---o0o---
`
` VMWARE, INC.,
`
` Petitioner,
`
` vs.
`
` Case: IPR2014-00901
`
` ELECTRONICS AND Patent 6,978,346 B2
`
` TELECOMMUNICATIONS RESEARCH
`
` INSTITUTE,
`
` Patent Owner.
`
` _______________________________/
`
` DEPOSITION OF ROBERT HORST
`
` Redwood City, California
`
` Thursday, April 2, 2015
`
`REPORTED BY: LYNNE LEDANOIS
`
` Certified Shorthand Reporter
`
` License No. 6811
`
`PAGES: 1-166
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`Veritext Legal Solutions
`866 299-5127
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`Page 1 of 194
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`Pat. Owner ETRI Ex. 2302
`IPR2014-00901, -00949
`VMware, IBM, & Oracle v. ETRI
`
`
`
`ROBERT HORST-4/2/2015
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
` ---o0o---
`
` VMWARE, INC.,
`
` Petitioner,
`
` vs.
`
` Case: IPR2014-00901
`
` ELECTRONICS AND Patent 6,978,346 B2
`
` TELECOMMUNICATIONS RESEARCH
`
` INSTITUTE,
`
` Patent Owner.
`
` _______________________________/
`
` Deposition of ROBERT HORST, taken on behalf of
`
` ELECTRONICS AND TELECOMMUNICATIONS RESEARCH INSTITUTE,
`
` Patent Owner, at FISH & RICHARDSON P.C., 500 Arguello
`
` Street, Suite 500, Redwood City, California, beginning
`
` at 9:03 a.m. and ending at 3:46 p.m. on April 2, 2015,
`
` before LYNNE LEDANOIS, CSR 6811.
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`Pat. Owner ETRI Ex. 2302
`IPR2014-00901, -00949
`VMware, IBM, & Oracle v. ETRI
`
`
`
`ROBERT HORST-4/2/2015
`
` A P P E A R A N C E S :
`
` F O R T H E P E T I T I O N E R :
`
` F I S H & R I C H A R D S O N P . C .
`
` B Y : K A T H E R I N E K E L L Y L U T T O N
`
` B Y : L E E R O N G . K A L A Y
`
` A t t o r n e y s a t L a w
`
` 5 0 0 A r g u e l l o S t r e e t , S u i t e 5 0 0
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` R e d w o o d C i t y , C a l i f o r n i a 9 4 0 6 3
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` ( 6 5 0 ) 8 3 9 . 5 1 9 6
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` l u t t o n @ f r . c o m
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` k a l a y @ f r . c o m
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` F I S H & R I C H A R D S O N P . C .
`
` B Y : M I C H A E L R U E C K H E I M
`
` A t t o r n e y a t L a w
`
` 1 2 2 1 M c K i n n e y S t r e e t
`
` H o u s t o n , T e x a s 7 7 0 1 0
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` ( 7 1 3 ) 6 5 4 . 5 3 0 0
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` m h r @ f r . c o m
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`Pat. Owner ETRI Ex. 2302
`IPR2014-00901, -00949
`VMware, IBM, & Oracle v. ETRI
`
`
`
`ROBERT HORST-4/2/2015
`
` A P P E A R A N C E S :
`
` F O R T H E P A T E N T O W N E R :
`
` R E N A I S S A N C E I P L A W G R O U P L L P
`
` B Y : M A T T H E W C . P H I L L I P S
`
` B Y : D E R E K M E E K E R
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` A t t o r n e y s a t L a w
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` 9 6 0 0 S W O a k S t r e e t , S u i t e 5 6 0
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` P o r t l a n d , O r e g o n 9 7 2 2 3
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` ( 5 0 3 ) 4 1 9 - 6 4 2 5
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` m a t t h e w . p h i l l i p s @ r e n a i s s a n c e i p l a w . c o m
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` d e r e k . m e e k e r @ r e n a i s s a n c e i p l a w . c o m
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` F O R I B M a n d O R A C L E :
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` K I R K L A N D & E L L I S L L P
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` B Y : B E N J A M I N L A S K Y
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` A t t o r n e y a t L a w
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` 6 0 1 L e x i n g t o n A v e n u e
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` N e w Y o r k , N e w Y o r k 1 0 0 2 2
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` ( 2 1 2 ) 4 4 6 . 6 4 1 5
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` b e n j a m i n . l a s k y @ k i r k l a n d . c o m
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` A L S O P R E S E N T : T H O M A S M . C O N T E
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`Pat. Owner ETRI Ex. 2302
`IPR2014-00901, -00949
`VMware, IBM, & Oracle v. ETRI
`
`
`
`ROBERT HORST-4/2/2015
`
` INDEX
`
` WITNESS EXAMINATION
`
` ROBERT HORST
`
` BY MR. PHILLIPS 6, 162
`
` BY MR. LASKY 158
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`Pat. Owner ETRI Ex. 2302
`IPR2014-00901, -00949
`VMware, IBM, & Oracle v. ETRI
`
`
`
`ROBERT HORST-4/2/2015
`
` Redwood City, California, Thursday, April 2, 2015
`
` 9:03 a.m.
`
` ROBERT HORST,
`
` _________________________________________________________
`
` having been administered an oath, was examined and
`
` testified as follows:
`
` EXAMINATION
`
` BY MR. PHILLIPS:
`
` Q Good morning, Dr. Horst. My name is Matthew
`
` Phillips. I represent the patent owner in this case,
`
` Electronics and Telecommunications Research Institute.
`
` I'm going to ask you some questions about the
`
` declaration you filed in this case.
`
` Have you ever been deposed before?
`
` A Yes, I have.
`
` Q Approximately how many times?
`
` A Approximately a dozen times.
`
` Q So I'm sure you understand how this proceeds.
`
` I'll just explain the procedures very briefly as a
`
` refresher.
`
` You've been placed under oath. That means you
`
` must give truthful and complete answers and you're
`
` testifying under penalty of perjury.
`
` Do you understand that?
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`Pat. Owner ETRI Ex. 2302
`IPR2014-00901, -00949
`VMware, IBM, & Oracle v. ETRI
`
`
`
`ROBERT HORST-4/2/2015
`
` A Yes.
`
` Q I'll be asking you questions. My intent is not
`
` to ask you any trick questions.
`
` If you do not understand a question that I ask
`
` you, please let me know, and I'll do my best to try to
`
` rephrase the question. Okay?
`
` A Yes.
`
` Q Your counsel -- or counsel for the petitioners
`
` will have a right to make objections to questions I ask,
`
` and unless they specifically instruct you not to answer
`
` a question, you should answer the question
`
` notwithstanding an objection.
`
` Do you understand that?
`
` A Yes.
`
` Q Ms. Ledanois is the court reporter. She's
`
` making a transcript of our conversation. For that
`
` reason, we need to speak audibly. So please answer
`
` audibly yes or no to my questions when appropriate.
`
` Is that acceptable?
`
` A Yes.
`
` Q Is there any reason why you cannot competently
`
` testify today?
`
` A No.
`
` MR. PHILLIPS: Let's get the declaration.
`
` BY MR. PHILLIPS:
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`Pat. Owner ETRI Ex. 2302
`IPR2014-00901, -00949
`VMware, IBM, & Oracle v. ETRI
`
`
`
`ROBERT HORST-4/2/2015
`
` Q In Paragraph 8 of your declaration --
`
` MS. LUTTON: We actually have a tabbed copy, if
`
` you prefer to use that. It might just be easier for him
`
` to refer to.
`
` MR. PHILLIPS: Dr. Horst can refer to whichever
`
` copy he would like.
`
` THE WITNESS: I prefer the tabbed copy.
`
` MS. LUTTON: Here's a copy for you as well.
`
` MR. PHILLIPS: Thank you.
`
` BY MR. PHILLIPS:
`
` Q In Paragraph 8 of your declaration, on Page 6,
`
` it states, "I'm being compensated for my work preparing
`
` this report."
`
` How were you compensated for your work in
`
` preparing this report?
`
` A I'm being paid at a rate of 550 per hour.
`
` Q Okay. And who is paying you -- or who did pay
`
` you to prepare your declaration?
`
` A For the original declaration, I was paid by
`
` Fish & Richardson, the attorneys for VMware.
`
` Q Okay. You said your original declaration?
`
` A The -- for the declaration -- at that point, I
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` was only retained by VMware; now I'm also retained by
`
` the counsel for IBM and Oracle. So in the future, my
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` rate is going to be split between the other firms as
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`Pat. Owner ETRI Ex. 2302
`IPR2014-00901, -00949
`VMware, IBM, & Oracle v. ETRI
`
`
`
`ROBERT HORST-4/2/2015
`
` well.
`
` Q Okay. Very good. Thank you.
`
` Do you have any financial interest in the
`
` company VMware?
`
` A No, I don't.
`
` Q Do you have any financial interest in the
`
` company IBM Corporation?
`
` A No.
`
` Q Do you have any financial interest in the
`
` company Oracle?
`
` A No.
`
` Q Are you aware that the patent owner has sued a
`
` number of companies for infringement of the '346 patent
`
` at issue in this case?
`
` A Yes.
`
` Q To your knowledge, do you have any financial
`
` interest in any defendant who has been sued for
`
` infringement of the '346 patent?
`
` A I have a small amount of HP stock. I believe
`
` they're one that's -- of those defendants.
`
` Q Okay. How much stock do you own in HP?
`
` A I don't know the exact amount. It's only a few
`
` hundred shares.
`
` Q Okay. Have you made any transactions with that
`
` stock since being retained in this case?
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`Pat. Owner ETRI Ex. 2302
`IPR2014-00901, -00949
`VMware, IBM, & Oracle v. ETRI
`
`
`
`ROBERT HORST-4/2/2015
`
` A No.
`
` Q Have you ever worked for any of the petitioners
`
` before in prior matters?
`
` A I would have to go through the list and
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` determine that. I may have.
`
` Q Have you ever worked for the firm Fish &
`
` Richardson on other matters?
`
` A Yes, I have.
`
` Q Approximately how many?
`
` A I believe it was just one other case.
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` Q Do you recall what that case was?
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` A That was -- I'm under a protective order in
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` that case, so I don't know if I'm to disclose my
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` involvement in that case or not.
`
` Q Okay. Very well. I won't ask further
`
` questions.
`
` Can you please tell me how your declaration was
`
` prepared?
`
` A First I had a number of discussions with
`
` Mr. Rueckheim about the case.
`
` The attorneys had found a number of prior art
`
` reference. I found some additional references. We
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` talked those over initially by phone, and then we met in
`
` these offices for about five days and worked intensely
`
` on actually writing the report.
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`Pat. Owner ETRI Ex. 2302
`IPR2014-00901, -00949
`VMware, IBM, & Oracle v. ETRI
`
`
`
`ROBERT HORST-4/2/2015
`
` Q Was the report prepared in these offices then?
`
` A Yes.
`
` Q Do you recall which references you found?
`
` A Not specifically all of them. I know of a
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` couple of them that I found.
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` Q Which couple of references did you find?
`
` A The -- Dan's workbook is one that I had a
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` physical copy of, and I note that I supplied that
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` reference.
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` Also the Tom Clark book is another one that I
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` had a physical copy of that I brought in.
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` I may have also supplied some of the others,
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` but I don't really remember which ones.
`
` Q Did anyone other than you and Mr. Rueckheim
`
` participate in the formation of your declaration?
`
` MR. LASKY: Objection to the form.
`
` THE WITNESS: There were some other attorneys
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` at the law firm that contributed, but I don't really
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` recall their names or how much they contributed.
`
` BY MR. PHILLIPS:
`
` Q Do you mean other attorneys at Fish &
`
` Richardson?
`
` A Yes.
`
` Q Was there anyone other than an attorney at Fish
`
` & Richardson who assisted you in any way in preparing
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`Pat. Owner ETRI Ex. 2302
`IPR2014-00901, -00949
`VMware, IBM, & Oracle v. ETRI
`
`
`
`ROBERT HORST-4/2/2015
`
` this report?
`
` A Not that I recall.
`
` Q In Paragraph 11 of your declaration, you say
`
` that you believe you are qualified to provide opinions
`
` about the understanding and qualifications of a person
`
` of ordinary skill in the art of the technology at issue
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` in this proceeding.
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` And in the next paragraph you state that such a
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` person would have had a B.S. in electrical engineering
`
` or computer science and at least two years of experience
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` in designing storage systems as of 2000.
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` Can you explain to me, Dr. Horst, how it is
`
` that you're familiar with the level of ordinary skill of
`
` such a person?
`
` A I work with a number of people that fit this
`
` description.
`
` In particular, I worked at 3Ware, which is a
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` company that builds RAID controllers, and we had a
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` number of people in that firm that had approximately the
`
` two years of experience and contributed to the design of
`
` those RAID controllers.
`
` Q When did you work at 3Ware?
`
` A That was, I believe, approximately in the 2000
`
` time frame.
`
` Q Have you ever done any teaching, Dr. Horst?
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`Pat. Owner ETRI Ex. 2302
`IPR2014-00901, -00949
`VMware, IBM, & Oracle v. ETRI
`
`
`
`ROBERT HORST-4/2/2015
`
` A I have not done any university teaching, no.
`
` Q I'm going to ask you about a paper that is
`
` mentioned in your C.V.
`
` Do you have a copy of your C.V. handy?
`
` A Not in front of me.
`
` Q I can get you one.
`
` Could you please turn to Page 7 of your C.V.?
`
` A Yes, I'm there.
`
` Q Do you see the second paper listed under the
`
` heading, "Storage"?
`
` A Yes.
`
` Q The title of that paper appears to be, "Beyond
`
` RAID, an Architecture for Improving Fault Tolerance and
`
` Performance" -- I'm sorry -- "for Improving PC Fault
`
` Tolerance and Performance."
`
` Do you see that?
`
` A Yes.
`
` Q Do you have available to you a copy of that
`
` paper?
`
` A That is a very short paper. It was a part of
`
` the fast abstract section of that conference. I don't
`
` know if I still have a copy of that or not.
`
` Q Do you know how to obtain a copy of that paper?
`
` A That is an IEEE conference. I would expect
`
` that it would be available through IEEE, but I don't
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`Pat. Owner ETRI Ex. 2302
`IPR2014-00901, -00949
`VMware, IBM, & Oracle v. ETRI
`
`
`
`ROBERT HORST-4/2/2015
`
` know for sure.
`
` Q Let me ask you a hypothetical question:
`
` Assuming it's not available on the IEEE database of
`
` publications, where else would one look to find a copy
`
` of this paper?
`
` MR. LASKY: Objection, foundation.
`
` THE WITNESS: That's where I would look. There
`
` may be some others that attended the conference that
`
` would have the book of proceedings it could be in.
`
` BY MR. PHILLIPS:
`
` Q Can you estimate approximately how much time
`
` you believe it would require for you to obtain a copy of
`
` this paper?
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` MR. LASKY: Objection, foundation, form.
`
` THE WITNESS: It's hard to estimate the time.
`
` It may be that I could go straight to it in my records,
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` but I don't know that for sure.
`
` BY MR. PHILLIPS:
`
` Q Okay. Thank you.
`
` Dr. Horst, when was the first time you became
`
` aware of the '346 patent, the patent at issue in this
`
` case?
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` A It's when I was first retained in this case. I
`
` don't remember exactly when that was.
`
` Q Have you ever analyzed the '346 patent for any
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` purpose other than this inter partes review?
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` A No.
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` Q Dr. Horst, you've been handed a document that
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` is labeled as Paper Number 39 in Case IPR 2013-00635,
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` and it is the final written decision in that case.
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` Have you seen this document before?
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` A Yes, I have.
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` Q Would you please turn to Page 9 of this
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` document, and would you please read the sentence on
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` lines 9 through 12 of this document on Page 9?
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` A "Accordingly, applying the broadest reasonable
`
` interpretation, we construe RAID as the term used in the
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` '346 patent to mean a single logical unit for mass
`
` storage using multiple physical disk drives."
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` Q Dr. Horst, do you agree with that statement?
`
` A I agree that a system that meets this
`
` definition would be considered a RAID, but I believe
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` that the construction of RAID should be broader than
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` this as the one originally used and put forth by the
`
` PTAB, which is that a RAID is a reliable -- a redundant
`
` array of inexpensive disks.
`
` Q What does the term "array" mean in the acronym
`
` "redundant array of inexpensive disks"?
`
` A Array means that there is at least two drives
`
` and that they are worked together in some way as part of
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` an array.
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` Q Does it matter how they work together in order
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` to qualify as a RAID array?
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` A The full definition of RAID means that they
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` have to be working together to provide that reliability
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` of the redundancy, the R in the RAID.
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` Q So if a RAID array provides redundancy, it is
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` necessarily an array? Is that what you're saying?
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` MR. LASKY: Objection to the form.
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` THE WITNESS: If at least two drives are
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` grouped together to provide that reliability, then it's
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` an array, yes.
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` BY MR. PHILLIPS:
`
` Q Must a RAID appear to its host as a single
`
` logical unit?
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` A A RAID array needs to be able to present a set
`
` of drives as a single logical unit, but it does not
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` always have to present a single logical unit.
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` So, for instance, it could provide several
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` logical units based on subsets of the storage of the
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` individual drives.
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` Q What would those several logical units be?
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` Could you give me an example?
`
` A So in RAID systems, they are usually called
`
` LUNs for logical unit numbers, and most RAID arrays
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`ROBERT HORST-4/2/2015
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` allow the storage to be allocated to those LUNs in
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` different ways.
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` So, for instance, you might have a four-drive
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` RAID system and say take half of the capacity of all the
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` drives and make a RAID five group out of that capacity,
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` and then you might take the remaining capacity and
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` connect two of those together in a RAID, one mirroring
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` array, and the other two in some other -- either a
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` mirroring array or maybe even as individual drives.
`
` Q In the example you just described, how many
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` RAID arrays are there?
`
` A There's one RAID system in that system. You
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` would consider that a single RAID system. People would
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` not describe that as five RAIDs. That's not the way the
`
` term is generally used in the industry.
`
` Q And did I understand you to say that this
`
` single RAID system has three different RAID combinations
`
` in it?
`
` MS. LUTTON: Object to form.
`
` MR. LASKY: Objection to form.
`
` THE WITNESS: Potentially, yes.
`
` For instance, the Mylex system allows up to
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` eight different ones to be exported.
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` The system that I worked on at 3Ware allowed a
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` large number -- I can't remember the exact limit, but it
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` allowed it to present a number of different logical
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` drives to the host system.
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` BY MR. PHILLIPS:
`
` Q Does a logical unit that is part of a RAID
`
` system appear to its host computers as a single logical
`
` unit?
`
` A Yes. For instance, it's similar to the way a
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` disk is partitioned, where there's one physical disk but
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` the operating system may see that as a C and a D drive,
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` not just as a single drive. So it views it -- each of
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` those as separate logical units.
`
` Q Dr. Horst, is all mirroring RAID 1?
`
` A The definition of RAID 1 as put forth
`
` originally by the group at UC Berkeley used RAID 1 to
`
` describe mirroring of disks. So in that sense, I
`
` believe that, yes, all mirroring is generally described
`
` as RAID 1.
`
` Q Is it possible to have mirrored disks that are
`
` not a RAID array?
`
` A I consider that if disks are truly being used
`
` in a way that all writes go to both disks, that that
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` satisfies the definition of RAID 1.
`
` Q I'm not sure you answered my question, so let
`
` me try to rephrase it.
`
` Is it possible to have two mirrored disks that
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` are mirrored with respect to each other but that that
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` pair of disks is not a RAID?
`
` MR. LASKY: Objection to the form.
`
` THE WITNESS: If the mirroring is done in
`
` realtime, as it is in our system that performs the
`
` writes simultaneously to both drives or near
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` simultaneously, then that is a RAID 1.
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` It's possible to have mirrored disks where
`
` there is an offline copy from one disk to the other, for
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` instance, and that I would not consider a RAID 1.
`
` BY MR. PHILLIPS:
`
` Q What do you mean when you say "realtime"?
`
` A Realtime means that when the system is
`
` performing a write, it -- the write is sent to both
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` drives as opposed to doing other operations and then
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` later doing the copy, so there's some acknowledgement
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` that that other write happened.
`
` BY MR. PHILLIPS:
`
` Q Is an acknowledgement necessary for this -- for
`
` this pair of disk drives to be a RAID array?
`
` A The acknowledgement of a write is typically
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` done in these RAID arrays. I don't know that it's a
`
` requirement. That's getting down to a finer definition
`
` than is usually considered for RAID in terms of the
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` details of exactly how it operates.
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` Q And when data is read from a RAID array, does
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` the host have any knowledge as to which disk drive the
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` data is coming from?
`
` MR. LASKY: Objection to the form.
`
` THE WITNESS: From the host perspective, it
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` does not know which drives the data is coming from in
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` a -- in the normal access to a RAID array.
`
` BY MR. PHILLIPS:
`
` Q Would it be fair to say then, Dr. Horst, that
`
` in read operations, the RAID array appears as a single
`
` logical unit to the host computer?
`
` A Yes, in terms of reads, it appears as a single
`
` logical unit.
`
` Q If a host computer is able to direct a read
`
` request to a particular disk drive in an array, is that
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` possible in a RAID array?
`
` A Once it's configured as a RAID, it's not
`
` possible, but there are some systems where before the
`
` RAID is configured, it could access the individual
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` drive, so...
`
` Q But after it is configured as a RAID array,
`
` it's not possible for the host to individually access
`
` the disk drives that constitute the array?
`
` A Right. The accesses are fenced off from
`
` preventing it from accessing the individual drives of
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` the array.
`
` Q Dr. Horst, I have handed you U.S. Patent Number
`
` 6,073,218. The first named inventor's last name is
`
` DeKoning, so I will refer this as the DeKoning patent.
`
` I would like you to turn your attention to the
`
` paragraph that begins on Column 1, Line 65, and ends at
`
` Column 2, Line 14.
`
` Can you find that?
`
` A Yes.
`
` Q So, again, it starts at Column 1, Line 65, and
`
` ends on Column 2, Line 14.
`
` Could you please read that paragraph for the
`
` record?
`
` A "In addition, it is desirable to remove the
`
` host dependency for failover coordination" --
`
` Q Excuse me, Dr. Horst. I think we're looking at
`
` different portions of this document.
`
` May I point at your copy?
`
` A Sure.
`
` Q I'm starting right here --
`
` A Oh, Column 1.
`
` Q -- and going to here.
`
` A Okay.
`
` Q Let me restate the question.
`
` Dr. Horst, could you please read the paragraph
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` starting at Column 1, Line 65, and ending at Column 2,
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` Line 14?
`
` A Okay.
`
` "RAID storage subsystems typically utilize a
`
` control module that shields the user or host system from
`
` the details of managing the redundant array.
`
` The controller makes the subsystem appear to
`
` the host computer as a single highly-reliability,
`
` high-capacity disk drive.
`
` In fact, the RAID controller may distribute the
`
` host computer system supply data access across a
`
` plurality of the small dependent drives with redundancy
`
` and error-checking information so as to improve the
`
` subsystem reliability.
`
` Frequently, RAID subsystems provide large cache
`
` memory structures to further improve the performance of
`
` the RAID subsystem.
`
` The cache memory is associated with the control
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` module, such that the storage blocks on the disk array
`
` are mapped to blocks in the cache. This mapping is also
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` transparent to the host system.
`
` The host system simply requests blocks of data
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` to be read or written, and the RAID controller
`
` manipulates the disk array and cache memory as
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` required."
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`ROBERT HORST-4/2/2015
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` Q Thank you, Dr. Horst.
`
` Do you agree with that passage you just read?
`
` MR. LASKY: Objection to the form.
`
` THE WITNESS: Yes, at least at a high level. I
`
` don't know if there are any individual words that I
`
` would not agree with, but the general concept I agree
`
` with.
`
` BY MR. PHILLIPS:
`
` Q Okay. Let me ask you specifically about the
`
` second sentence that reads, "The controller makes the
`
` subsystem appear to the host computer as a single
`
` highly-reliable, high-capacity disk drive."
`
` Do you agree with that sentence?
`
` MR. LASKY: Objection to the form.
`
` THE WITNESS: So I agree that the controller
`
` can make it appear as a single highly-reliable, high
`
` capacity disk drive, but it can also make the system
`
` appear as several disk drives, as I described earlier,
`
` in terms of exporting multiple logical units, not just a
`
` single logical unit.
`
` BY MR. PHILLIPS:
`
` Q Okay. Dr. Horst, I have handed you what is
`
` labeled, "The Declaration of Dr. Randy Katz Under 37
`
` CFR, Section 1.68, in Support of Petition for Inter
`
` Partes Review of U.S. Patent 6,978,366."
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` I'm going to ask you to turn to Paragraph 36 of
`
` this declaration. It is on Page 13.
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` Do you see that paragraph?
`
` A Paragraph 36?
`
` Q Correct, paragraph 36.
`
` A Yes.
`
` Q I'm going to first read this paragraph to you
`
` and then ask you some questions. For the sake of
`
` clarity, I'm going to skip over the parts that are in
`
` parentheses, if that's okay with you.
`
` A Okay.
`
` Q "The Chong reference is directed to efficient
`
` caching operations and failover support in data storage
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` controllers, and/or data storage devices.
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` The Chong reference discloses a system with a
`
` RAID configuration. Data is written identically to both
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` storage devices 124 and 125 in the system.
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` In addition, the configuration in the Chong
`
` reference provides fault tolerance, such that as long as
`
` one data storage device is functioning, the array
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` continues to operate.
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` This combination of data mirroring and fault
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` tolerance makes the two data storage devices appear as a
`
` single reliable drive to the hosts, or, in other words,
`
` a RAID."
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` Dr. Horst, do you agree with what I just read
`
` as Paragraph 36 of this declaration?
`
` MS. LUTTON: Objection, form.
`
` MR. LASKY: Objection, foundation and form.
`
` THE WITNESS: This is referring to a reference
`
` that I have not seen, so I can't say that I completely
`
` agree with everything in this.
`
` I don't have any specific objections, but I
`
` don't -- I can't comment on a document I haven't seen.
`
` BY MR. PHILLIPS:
`
` Q Let me ask you about the premise in the last
`
` question.
`
` My question is -- I'm sorry -- the premise in
`
` the last sentence of this paragraph.
`
` My question is: If a combination of data
`
` mirroring and fault tolerance makes two data storage
`
` devices appear as a single reliable drive to the host,
`
` is that fact sufficient to make the data storage devices
`
` be a RAID?
`
` MS. LUTTON: Objection, foundation and form.
`
` MR. LASKY: Same objections.
`
` THE WITNESS: A RAID system would fall under
`
` that definition, but I don't know if there are other
`
` types of systems that might also fall under that
`
` definition that aren't RAID systems.
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` BY MR. PHILLIPS:
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` Q Would you agree, Dr. Horst, that if the data
`
` storage devices satisfy the c