IN THE UNITED STATES DISTRICT COURT
`
` FOR THE EASTERN DISTRICT OF TEXAS
`
` MARSHALL DIVISION
`
`MOBILE TELECOMMUNICATIONS )
`
`TECHNOLOGIES, LLC )
`
` Plaintiff, )
`
` vs. ) No. 2:12-cv-832
`
`SPRINT NEXTEL CORPORATION ) JRG-RSP
`
` Defendant. )
`
`____________________________)
`
`MOBILE TELECOMMUNICATIONS )
`
`TECHNOLOGIES, LLC, )
`
` Plaintiff )
`
` vs. ) No. 2:13-cv-259
`
`SAMSUNG TELECOMMUNICATIONS ) JRG-RSP
`
`AMERICA, LLC, )
`
` Defendant. )
`
`____________________________)
`
`MOBILE TELECOMMUNICATIONS )
`
`TECHNOLOGIES, LLC, )
`
` Plaintiff )
`
` vs. ) No. 2:13-cv-258
`
`APPLE INC., ) JRG-RSP
`
` Defendant. )
`
`____________________________)
`
`JOB No. 1830207
`
`PAGES 1 - 159
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`1 VIDEOTAPED DEPOSITION OF GREGORY PINTER,
`2 taken on behalf of the Defendant - Apple Inc. at
`3 807 Main Street, Pleasanton, California, commencing
`4 at 9:21 a.m., Wednesday, April 23, 2014, before
`5 Rebecca L. Romano, Certified Shorthand Reporter
`6 No. 12546.
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`7 8 9
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`1 VIDEOTAPED DEPOSITION OF GREGORY PINTER
`2 Pleasanton, California
`3 Wednesday, April 23, 2014
`4 Volume I
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`5 6 7 8 9
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`10
`11 REPORTED BY:
`12 REBECCA L. ROMANO, RPR, CSR No. 12546
`13
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`Page 2
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`1 APPEARANCES OF COUNSEL
`
`23
`
`For the Plaintiff:
`4 REED & SCARDINO
`5 BY: NICHOLAS WYSS
`6 Attorney at Law
`7 301 Congress Avenue, Suite 1250
`8 Austin, Texas 78701
`9 (512) 615-5493
`10 EMAIL: Nwyss@reedscardino.com
`11
`12 For the Defendant - Apple Inc.:
`13 WEIL GOTSHAL & MANGES
`14 BY: ANISH DESAI
`15 Attorney at Law
`16 1300 Eye Street, N.W., Suite 900
`17 Washington, D.C. 20005
`18 (202) 682-7103
`19 EMAIL: Anish.desai@weil.com
`20
`21
`22
`23
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`1 IN THE UNITED STATES DISTRICT COURT
`2 FOR THE EASTERN DISTRICT OF TEXAS
`3 MARSHALL DIVISION
`4
`
`MOBILE TELECOMMUNICATIONS )
`5 TECHNOLOGIES, LLC )
`6 Plaintiff, )
`7 vs. ) No. 2:12-cv-832
`8 SPRINT NEXTEL CORPORATION ) JRG-RSP
`9 Defendant. )
`____________________________)
`10 MOBILE TELECOMMUNICATIONS )
`11 TECHNOLOGIES, LLC, )
`12 Plaintiff )
`13 vs. ) No. 2:13-cv-259
`SAMSUNG TELECOMMUNICATIONS ) JRG-RSP
`14 AMERICA, LLC, )
` Defendant. )
`15 ____________________________)
`MOBILE TELECOMMUNICATIONS )
`16 TECHNOLOGIES, LLC, )
`17 Plaintiff )
`18 vs. ) No. 2:13-cv-258
`19 APPLE INC., ) JRG-RSP
`20 Defendant. )
`____________________________)
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`2 (Pages 2 - 5)
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`1 EXHIBITS(con't)
`2 NUMBER PAGE
`3 DESCRIPTION
`4 Exhibit 42 US Patent 5,850,594,
`5 Bates APL-MTEL-00292325
`6 - APL-MTEL-00292341; 55
`
`78
`
`Exhibit 43 US Patent 5,588,009,
`9 Bates APL-MTEL-00285300
`10 - APL-MTEL-00285348; 61
`11
`12
`13
`14 PREVIOUSLY MARKED EXHIBITS
`15 Exhibit 3 69
`16
`17 Exhibit 22 52
`18
`19
`20
`21
`22
`23
`24
`25
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`1 APPEARANCES OF COUNSEL (CONTINUED):
`
`2 3
`
`For the Defendant - Samsung Telecommunications
`4 America, LLC:
`5 GREENBERG TRAURIG
`6 BY: J. RICK TACHE
`7 Attorney at Law
`8 3161 Michelson Drive, Suite 1000
`9 Irvine, California 92612
`10 (949) 732-6600
`11 EMAIL: Tacher@gtlaw.com
`12
`13 ALSO PRESENT:
`14 Cassia Leet, Videographer
`15 Erik Squier
`16
`17
`18
`19
`20
`21
`22
`23
`24
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`Page 6
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`Page 8
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`1 Pleasanton, California, Wednesday, April 23, 2013 08:50:57
`2 9:21 a.m.
`3 ---o0o---
`4 THE VIDEOGRAPHER: Good morning. We are
`5 on the record at 9:21 a.m. on April 23rd, 2014. 09:21:53
`6 This is the video-recorded deposition of Gregory
`7 Pinter.
`8 My name is Cassia Leet, here with our
`9 court reporter, Rebecca Romano. We are here from
`10 Veritext Legal Solutions at the request of counsel 09:22:08
`11 for defendant.
`12 This deposition is being held at the
`13 Rose Hotel, 807 Main Street in Pleasanton,
`14 California 94566. The caption of this case is
`15 Mobile Telecommunications Technologies, LLC, versus 09:22:22
`16 Sprint Nextel Corporation, Lead Case
`17 No. 2:12-cv-832 JRG-RSP and related cases.
`18 Please note that the audio and video
`19 recording will take place unless all parties agree
`20 to go off the record. Microphones are sensitive 09:22:42
`21 and they pick up whispers, private conversations,
`22 and cell phone interference.
`23 I am not related to any party in this
`24 action, nor am I financially interested in the
`25 outcome in any way. 09:22:55
`
`1 INDEX
`2 DEPONENT EXAMINATION
`3 GREGORY PINTER PAGE
`4 VOLUME I
`5 BY MR. DESAI 11
`6 BY MR. TACHE 84
`
`7 8 9
`
` EXHIBITS
`10 NUMBER PAGE
`11 DESCRIPTION
`12 Exhibit 38 Subpoena to Testify at a
`13 Deposition in a Civil
`14 Action, 21 Pages; 12
`15
`16 Exhibit 39 US Patent 5,894,506,
`17 Bates MTEL1201859 -
`18 MTEL201873; 22
`19
`20 Exhibit 40 ANSI, Coded Character
`21 Sets, 16 Pages; 33
`22
`23 Exhibit 41 Emoticons Handout,
`24 Bates APL-MTEL-00281144
`25 - APL-MTEL-00281146; 38
`
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`3 (Pages 6 - 9)
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`1 If there any objections to the 09:22:57
`2 proceeding, please state them at the time of your
`3 appearance, beginning with the noticing attorney.
`4 MR. DESAI: Anish Desai, here on behalf
`5 of Apple. 09:23:07
`6 MR. TACHE: Rick Tache and Erik Squier on
`7 behalf of Samsung.
`8 MR. WYSS: My name is Nicholas Wyss. I'm
`9 here on behalf of MTel.
`10 THE VIDEOGRAPHER: Thank you. 09:23:17
`11 The witness will be sworn in and counsel
`12 may begin the examination.
`13 THE REPORTER: If you could raise your
`14 right hand for me, please.
`15 THE DEPONENT: (Complies.) 12:22:22
`16 THE REPORTER: You do solemnly state,
`17 under penalty of perjury, that the testimony you're
`18 about to give in this deposition shall be the
`19 truth, the whole truth, and nothing but the truth?
`20 THE VIDEOGRAPHER: Please begin. 12:22:22
`21
`22
`23
`24
`25 ///// 09:23:21
`
`Page 10
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`1 GREGORY PINTER, 09:23:21
`2 having been administered an oath, was examined and
`3 testified as follows:
`4 EXAMINATION
`5 BY MR. DESAI: 08:50:58
`6 Q. Good morning, Mr. Pinter.
`7 A. Good morning.
`8 Q. Could you please state your full name and
`9 address for the record.
`10 A. Gregory John Pinter, 1288 Lakeland Drive, 09:23:37
`11 Livermore, California 94551.
`12 Q. Mr. Pinter, have you ever been deposed
`13 before?
`14 A. Yes.
`15 Q. Okay. So you are somewhat familiar with 09:23:48
`16 the process?
`17 A. Uh-huh.
`18 Q. If you need a break while we are going
`19 today, just let me know and we will obviously take
`20 a break. 09:23:58
`21 A. Okay.
`22 Q. If you don't understand a question of
`23 mine, please let me know and I'll do my best to
`24 rephrase the question.
`25 A. Okay. 09:24:06
`
`1 Q. I'm going to hand you what's been marked 09:24:06
`2 as Exhibit 38. And this is the subpoena to you in
`3 this case.
`4 (Exhibit 38 was marked for identification
`5 by the court reporter and is attached hereto.) 09:24:29
`6 Q. (By Mr. Desai) I just have one question
`7 about this subpoena, and it's, what did you do, if
`8 anything, to search for documents in your
`9 possession that were requested in the subpoena?
`10 A. Actually, not much. I -- I looked up on 09:24:44
`11 the Web the -- the specific patents that were
`12 called out here. That's it, just to refresh my
`13 memory what they were.
`14 Q. Okay. Do you have any documents relating
`15 to your work at MTel in your possession? 09:25:05
`16 A. I don't believe so.
`17 Q. Would you mind just giving me a brief
`18 rundown of your education.
`19 A. Sure. I went to University of California
`20 at Irvine. I graduated in 1977. 09:25:25
`21 Q. And after that, were you employed
`22 immediately after obtaining your --
`23 A. I was --
`24 Q. -- degree?
`25 A. Right. Employed by McDonald Douglas for 09:25:37
`Page 12
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`1 eight years, Honeywell for eight years, and then 09:25:39
`2 MTel at that point.
`3 Q. And what -- when did you join MTel?
`4 A. It should have been 1993.
`5 Q. All right. And how long were you at 09:25:52
`6 MTel?
`7 A. About three years, I believe. Somewhere
`8 in that ballpark.
`9 Q. Why did you leave?
`10 A. We had worked on two-way pagers and I was 09:26:03
`11 offered a position out here with the -- with the
`12 company, Wireless Access, that was making the
`13 pagers. So after we finished development of the
`14 pagers, I went -- I went to that company and joined
`15 them. 09:26:23
`16 Q. Okay. And since leaving MTel, could you
`17 just give me a brief description of your employment
`18 activities.
`19 A. So I went to work for Wireless Access for
`20 another -- about three years or so. Then I went to 09:26:29
`21 work for a company called JP Systems out of Dallas.
`22 I was their representative here in the Bay --
`23 representative here in the Bay Area in the -- in
`24 the context of business development, VP of business
`25 development. 09:26:51
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`1 And then I went to -- to work for a 09:26:51
`2 company -- actually, SAP bought them. What's the
`3 name of that company? It escapes me. But they
`4 were doing text messaging delivery work, and I was
`5 the VP of business development and general manager 09:27:05
`6 for that company. And it was subsequently bought
`7 by SAP.
`8 From there, in 2001, I left, and in
`9 200- -- later in 2001, I started a company with a
`10 couple other fellows called Net Informer that 09:27:22
`11 lasted for eight years.
`12 That was, again, starting with the text
`13 messaging, and we developed mobile couponing,
`14 mobile systems for newspapers and such. And in
`15 2008 that was purchased by a newspaper company out 09:27:44
`16 of the East Coast.
`17 I worked for them for a couple more
`18 years. And then since then I have gone to work for
`19 a company called JLOOP. And then now I'm currently
`20 employed as VP of technology for Virgin's 09:27:57
`21 Entertainment.
`22 Q. Thank you.
`23 Going back to your three years at MTel --
`24 A. Uh-huh.
`25 Q. -- what was your role? 09:28:08
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`Page 14
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`1 today. 09:29:41
`2 Q. How about Dennis Cameron and William
`3 Hays; did they report to you?
`4 A. No.
`5 Q. What was their relationship with you at 09:29:49
`6 MTel?
`7 A. They were senior to me. They had offices
`8 down the hall. Bill Hays was sort of -- I don't
`9 know what his real role was, but kind of chief of
`10 technology or something like that, I would say. I 09:30:05
`11 wouldn't say chief, but director of technology,
`12 let's say. And Dennis was more in the RF side,
`13 head of the RF side.
`14 Q. Okay. Did you ever work with Rade
`15 Petrovic while you were at MTel? 09:30:21
`16 A. The name is sort of familiar, but I don't
`17 remember.
`18 Q. Okay. When did you first learn about
`19 this lawsuit that was filed by MTel, LLC, against
`20 Samsung and Apple? 09:30:44
`21 A. When I received this deposition.
`22 Q. When you received the subpoena?
`23 A. The subpoena. I'm sorry. Yeah.
`24 Q. Okay. Have you had any relationship with
`25 the plaintiff in this case, MTel, LLC, prior to 09:30:57
`Page 16
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`1 A. I was starting off as a -- I don't 09:28:10
`2 remember my titles exactly, but something akin to
`3 an engineer, engineering manager, and then rose up
`4 to director of engineering, if I remember right.
`5 Q. Were there any specific aspects of what 09:28:31
`6 MTel was doing that you were working on?
`7 A. The two-way -- the two-way messaging
`8 network is what I was working on.
`9 Q. Were you working on the network or on the
`10 devices, the handheld devices, or both? 09:28:44
`11 A. Both. Both. So I had different
`12 responsibilities. I worked directly for the --
`13 the -- I guess he was a VP of technology,
`14 Masood Garahi.
`15 Q. So Mr. Garahi was your superior? 09:28:58
`16 A. Correct.
`17 Q. Okay. And as the engineering manager and
`18 director of engineering, did you have engineers who
`19 reported to you?
`20 A. Yes. 09:29:10
`21 Q. And who were they? To the extent you can
`22 remember.
`23 A. Yeah.
`24 John Mayes was one. There's another
`25 fellow, too. It will probably come to me later 09:29:34
`Page 15
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`1 receiving your deposition notice? 09:31:03
`2 A. They had called me a year, year and a
`3 half ago, asking me if I would help them out. And
`4 I basically really just had a one- or two-minute
`5 conversation; said sure, whenever something comes 09:31:18
`6 up, I would be more than happy to help them, so...
`7 Q. Aside from that conversation, did you
`8 have any other follow-up conversations with
`9 MTel, LLC, prior to receiving the subpoena?
`10 A. No. 09:31:37
`11 Q. Okay. So did you have any involvement in
`12 assisting MTel, LLC, with preparing its case
`13 against Apple and Samsung?
`14 A. No.
`15 Q. Do you know either Andrew Fitton or 09:31:50
`16 Michael Karper?
`17 A. No.
`18 Q. Who did you speak to when you -- when you
`19 had that conversation? Do you remember?
`20 A. I don't remember. I'm sure you can tell 09:32:06
`21 me, but I don't remember his name. It's in my
`22 phone, but I can't remember his name.
`23 Q. Was it an attorney?
`24 A. Yes.
`25 Q. Was it an attorney at Reed & Scardino? 09:32:16
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`1 A. Yes. 09:32:20
`2 Q. Okay. And how would you describe your
`3 relationship with MTel, LLC, as of today?
`4 A. How would I describe it?
`5 Q. I can give you a better question if you 09:32:35
`6 like.
`7 A. Yeah, please. I don't know how to --
`8 Q. What is your relationship with MTel, LLC,
`9 as of today?
`10 A. They called me up and asked me to -- or 09:32:42
`11 asked if they could represent me. And that's -- I
`12 don't know what you call that, but that's what --
`13 Q. Do you have any sort of consulting
`14 agreement with MTel, LLC?
`15 A. They have asked me to consult for them, 09:32:54
`16 yes.
`17 Q. And so you have a formal agreement with
`18 them?
`19 A. Yes.
`20 Q. Okay. And are you being paid to consult 09:33:00
`21 with MTel, LLC?
`22 A. Not yet.
`23 Q. Not yet. Okay.
`24 Other than attending this deposition, do
`25 you plan on consulting with MTel, LLC, any further 09:33:17
`Page 18
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`1 after this deposition? 09:33:21
`2 A. If they ask me to, sure.
`3 Q. If asked to testify at trial by
`4 MTel, LLC, in this case, would you appear?
`5 A. Sure. 09:33:29
`6 Q. Okay. And as part of your consulting
`7 agreement, are you to be paid hourly?
`8 A. Yes.
`9 Q. And how much?
`10 A. 350, I believe it was. 09:33:47
`11 Q. Is that a typical consulting rate for
`12 you?
`13 A. Typical, yeah.
`14 Q. How many hours have you spent consulting
`15 with MTel, LLC, on this case? 09:34:03
`16 A. Zero.
`17 Q. And did you meet with an attorney to
`18 prepare for your deposition today?
`19 A. Yes.
`20 Q. Who did you meet with? 09:34:14
`21 A. With Nick.
`22 Q. Okay. And how long did you meet?
`23 A. About 45 minutes, something like that.
`24 Q. Did you review any documents in
`25 preparation for your deposition today? 09:34:30
`Page 19
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`1 A. We -- he showed me a couple of the 09:34:32
`2 patents.
`3 Q. Okay. Did you actually take the time to
`4 review or read the patents?
`5 A. No. 09:34:44
`6 Q. Okay. But you discussed the substance of
`7 the patents with Mr. -- Mr. Wyss?
`8 A. He reviewed for me what they were all
`9 about. In other words, reminding me that the one
`10 was to do with trying to find -- find a device, and 09:34:57
`11 the other one was with canned messages, yes.
`12 MR. WYSS: I'm just going to remind you,
`13 you don't have to -- don't reveal any
`14 attorney-client --
`15 THE DEPONENT: Okay. 09:35:08
`16 MR. WYSS: -- information, but you can
`17 talk about the general --
`18 THE DEPONENT: Okay.
`19 MR. WYSS: -- substance of the
`20 conversations. 09:35:13
`21 THE DEPONENT: Okay.
`22 Q. (By Mr. Desai) Did you discuss with
`23 Mr. Wyss the -- the accused Apple or -- and Samsung
`24 products at all?
`25 A. Did -- could you repeat that. 09:35:26
`Page 20
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`1 Q. Sure. Probably give you a bit of 09:35:27
`2 background.
`3 In this case MTel, LLC, is accusing Apple
`4 and Samsung of infringing some patents --
`5 A. Right. 09:35:37
`6 Q. -- and they've identified some products
`7 or services that they believe to be infringing.
`8 And my question to you is whether you
`9 discussed any of Apple or Samsung's products --
`10 A. No. 09:35:45
`11 Q. -- with Mr. Wyss.
`12 A. No.
`13 Q. Okay. Are you aware of the products that
`14 are being accused in this case, of infringing
`15 MTel's patents? 09:35:56
`16 A. No.
`17 Q. Okay. Do you own any Apple or Samsung
`18 devices?
`19 A. Sure.
`20 Q. What are they? 09:36:02
`21 A. Do we have enough time?
`22 iPhone, iPad. Let's see. Mac
`23 computer, yeah.
`24 Q. Okay.
`25 A. And I do have a Samsung phone, too, for 09:36:22
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`1 testing, too, so yeah. 09:36:26
`2 Q. I'm sure Mr. Tache is happy to hear that.
`3 A. He's happy to hear that.
`4 Q. I'm going to hand you what's been marked
`5 as Exhibit 39. This is a copy of the '506 patent, 09:36:42
`6 U.S. 5,894,506.
`7 (Exhibit 39 was marked for identification
`8 by the court reporter and is attached hereto.)
`9 THE DEPONENT: Uh-huh.
`10 Q. (By Mr. Desai) And you are the sole 09:37:03
`11 named inventor of the '506 patent; is that right?
`12 A. That's correct.
`13 Q. Can you briefly explain to me what you
`14 believe the '506 patent is about.
`15 A. The '506 patent is essentially a means 09:37:19
`16 for sending a short message that can be expanded
`17 into a bigger message, if you will.
`18 So it starts out with a -- some sort of
`19 a -- "message" is probably the wrong word, but some
`20 sort of a thing that we want to send across a 09:37:45
`21 channel. And we compress that by saying this
`22 refers to a specific, let's say, number. And then
`23 we send that number across, and the other end
`24 retrieves that number, figures out what the message
`25 should be, the -- whatever the intended information 09:37:58
`Page 22
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`1 was, reconstructs it, and delivers it. 09:38:01
`2 Q. Okay. Do you agree that the '506 patent
`3 describes storing a file of canned messages at the
`4 terminals and at the network operation center, the
`5 messaging terminals and the network operation 09:38:19
`6 center?
`7 A. Sure.
`8 Q. Okay.
`9 A. Yes.
`10 Q. And the idea is that the user at a 09:38:27
`11 messaging terminal can select one of the canned
`12 messages?
`13 A. At the sending end, yes.
`14 Q. And then what happens is the
`15 corresponding message code gets sent over the 09:38:37
`16 network rather than the message itself?
`17 A. Correct.
`18 Q. And then in addition to those canned
`19 messages being stored at the terminals and at the
`20 NOC, there's also a file of what are called canned 09:38:51
`21 multiple response options and corresponding
`22 response codes; is that right?
`23 A. Could you repeat that, please.
`24 Q. Yeah.
`25 In addition to the file of canned 09:39:05
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`Page 23
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`1 messages and corresponding message codes that are 09:39:07
`2 stored at the terminals and at the NOC, there's
`3 also a -- there can also be a file of canned
`4 multiple response options and corresponding codes
`5 stored at the terminals and at the NOC. 09:39:20
`6 A. Correct.
`7 MR. WYSS: Objection. Form.
`8 Sometimes I'm going to object.
`9 THE DEPONENT: Okay. Okay.
`10 Q. (By Mr. Desai) And the idea there is 09:39:30
`11 that the user -- this ending user can select one or
`12 more of the response options, the canned response
`13 options, to send along with the canned message; is
`14 that right?
`15 MR. WYSS: Objection. Form. 09:39:41
`16 THE DEPONENT: I'm not sure I understand
`17 that question.
`18 Q. (By Mr. Desai) Okay. So we already
`19 agreed that a user can select a canned message to
`20 get transmitted -- 09:39:55
`21 A. Correct.
`22 Q. -- to a recipient. And you also agree
`23 that there can be a file of canned multiple
`24 response options stored at a terminal.
`25 A. Right. 09:40:07
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`Page 24
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`1 Q. My question is, can a sending user pick a 09:40:07
`2 canned message and also pick one or more canned
`3 response options to send with that canned message
`4 to a -- a recipient?
`5 A. Okay. So if I can -- well, let me see. 09:40:21
`6 So I am sending -- you're asking me if we
`7 can second a message that is a code along with the
`8 responses that we want back with a code. Yes.
`9 Q. Okay. Can you explain to me what the
`10 purpose of having a -- a file of canned messages is 09:40:57
`11 at the messaging terminal?
`12 MR. WYSS: Objection. Form.
`13 THE DEPONENT: The reason is to -- a
`14 couple -- couple of reasons. One I would say is
`15 ease of use. The second is efficiency of the 09:41:15
`16 network.
`17 Q. (By Mr. Desai) Let's start with ease of
`18 use.
`19 By "ease of use," do you mean that the
`20 user doesn't have to actually type the message; 09:41:23
`21 they can just pick one that's already pre- --
`22 A. Correct.
`23 Q. -- preset?
`24 A. Yes.
`25 Q. Okay. And as far as efficiency of the 09:41:28
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`1 network, can you explain to me why having a file of 09:41:30
`2 canned messages would serve the purpose of
`3 efficiency?
`4 A. Well, instead of sending, you know, let's
`5 say, 25 or 30 characters or a image or something 09:41:42
`6 like that, all that's required is that you would
`7 send a code over the -- over the network, and then
`8 the other end, it reconstructs that.
`9 Q. Okay. So if I can step back a second,
`10 you -- when -- when you're referring to efficiency, 09:41:58
`11 you're talking about the fact that there is a
`12 message code associated with the canned message; is
`13 that right?
`14 MR. WYSS: Objection. Form.
`15 THE DEPONENT: Yes. 09:42:11
`16 Q. (By Mr. Desai) Okay. So let's just
`17 focus on the canned message itself and not the --
`18 the fact that there's a message code associated
`19 with it.
`20 A. Okay. 09:42:19
`21 Q. Does having just a file of canned
`22 messages serve the purpose of efficiency, or does
`23 that just serve the purpose of ease of use?
`24 A. That --
`25 MR. WYSS: Objection. Form. 09:42:29
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`1 THE DEPONENT: That's just ease of use. 09:42:30
`2 Q. (By Mr. Desai) And then the fact that
`3 there would be -- potentially be message codes
`4 associated with the canned messages, that would
`5 serve the purpose of efficiency; is that right? 09:42:40
`6 MR. WYSS: Objection. Form.
`7 THE DEPONENT: Correct.
`8 Q. (By Mr. Desai) Okay. Aside from ease of
`9 use, which is saving the user the time of typing
`10 messages, and efficiency or compression, is there 09:42:52
`11 any other purpose to having canned messages and
`12 message codes at the terminal?
`13 A. I can't think of anything.
`14 Q. Okay. Now, at this particular time frame
`15 when this patent was filed in 1996, was it 09:43:28
`16 important to achieve the purpose of compressing
`17 messages?
`18 A. Absolutely.
`19 Q. And why was that?
`20 A. Because we were dealing with a very small 09:43:48
`21 spectrum of frequencies of -- of the network, so we
`22 had to make sure we use that effectively.
`23 Q. Okay. And the network you're referring
`24 to there is the paging networks that --
`25 A. Uh-huh. 09:44:04
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`1 Q. -- MTel was operating? 09:44:05
`2 A. Correct.
`3 Q. And so the band limit -- the bandwidth
`4 for those particular paging networks was
`5 particularly limited? 09:44:12
`6 A. Correct.
`7 Q. All right. Do you believe that modern
`8 cellular WiFi networks are constrained in that same
`9 manner?
`10 MR. WYSS: Objection. Form. 09:44:19
`11 THE DEPONENT: Every -- every network is
`12 always constrained in that manner. Doesn't matter
`13 what it is.
`14 Q. (By Mr. Desai) Okay. How about, do you
`15 agree or disagree that modern cellular networks and 09:44:26
`16 WiFi networks are constrained in the same manner as
`17 MTel's pager networks with respect to sending text
`18 messages?
`19 MR. WYSS: Objection. Form.
`20 THE DEPONENT: Again, I would say yes. 09:44:41
`21 It's always better to have a more efficient
`22 network, get more people on it, things like that,
`23 yes.
`24 Q. (By Mr. Desai) Do you believe -- well,
`25 you agree that today's cellular WiFi networks 09:44:53
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`1 involve sending large amounts of datas in the form 09:44:56
`2 of audio, video, and images; is that right?
`3 A. Correct.
`4 Q. Okay. And those -- those types of
`5 objects that are sent in today's networks contain 09:45:03
`6 far more data than short text messages; is that
`7 right?
`8 A. Correct.
`9 Q. Okay. So do you -- do you believe that
`10 it would -- it's particularly important in today's 09:45:12
`11 networks to compress short text messages?
`12 MR. WYSS: Objection. Form.
`13 THE DEPONENT: Yes.
`14 Q. (By Mr. Desai) Okay. Are you familiar
`15 with how text messages are sent in -- 09:45:25
`16 A. Pretty much.
`17 Q. -- today's networks?
`18 A. Uh-huh.
`19 Q. What kinds of text messages are you
`20 familiar with? 09:45:35
`21 A. SMS text messages as well as, let's say,
`22 Apple notifications, things like that. I'm
`23 familiar with those. I work with those on a daily
`24 basis.
`25 Q. Do you believe that those services, SMS 09:45:55
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`1 and Apple's push notifications, use the type of 09:46:00
`2 message code compression that's described in your
`3 patent?
`4 A. They could. I don't know if they do or
`5 not. 09:46:09
`6 Q. Did MTel ever use the -- the canned
`7 messages and message codes described in the
`8 '506 patent in commercial applications?
`9 A. Yes.
`10 Q. And was that at the outset of when you 09:46:25
`11 were at MTel, or did that happen later during your
`12 time at MTel?
`13 A. You mean was it already --
`14 MR. WYSS: Objection. Form.
`15 THE DEPONENT: -- before I came? Is that 09:46:35
`16 what you mean?
`17 Q. (By Mr. Desai) I guess I'm trying to
`18 figure out when -- when MTel did begin using the
`19 canned messages and message codes that are
`20 described in the '506 patent. 09:46:45
`21 A. Okay. Well, we launched service -- I
`22 don't know -- September of '95, I think. I think
`23 that was the right dates. Whenever we launched
`24 commercial service, I -- I've dug up some newspaper
`25 articles whenever that date was. 09:47:00
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`1 So if a user typed a message on their 09:48:02
`2 pager and transmitted it, how was that message
`3 formatted?
`4 A. How was that message formatted?
`5 MR. WYSS: Objection. Form. 09:48:13
`6 THE DEPONENT: I don't know if I can
`7 remember all the exact details.
`8 Q. (By Mr. Desai) You can just give me
`9 generalities, if possible, if you can't remember
`10 the full details. 09:48:22
`11 A. Okay. Well, first of all, at the launch,
`12 I don't believe we had full text messaging, replies
`13 and sending, from the pager. I'll say that. We
`14 had to use replies and canned messages.
`15 But when that first -- when that did come 09:48:39
`16 about, from the two-way pager, you would create the
`17 message. It would be processed by the device and
`18 put into a stream along with a -- you know, some
`19 sort of a protocol that we had. I can't remember
`20 the name of that. But had a protocol that was 09:48:57
`21 built that identified the device and where it was
`22 going to. And we packaged that with the message
`23 and sent it out over the network.
`24 I think we raised -- how the network
`25 worked is you -- the pager sent out some sort of a 09:49:19
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`1 But at launch, that was one of the 09:47:01
`2 features and services that we provided.
`3 Q. So at the ve