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` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Page 1
`
`ORACLE CORPORATION, §
`NETAPP INC. AND HUAWEI §
`TECHNOLOGIES CO., LTD. §
` §
` Petitioners, § IPR2014-01197
` § IPR2014-01207
`VS. § IPR2014-01209
` §
` §
`CROSSROADS SYSTEMS, §
`INC. §
` §
` Patent Owner. §
`
` ORAL AND VIDEOTAPED DEPOSITION OF
` JOHN LEVY, PH.D.
` JULY 15, 2015
` CONFIDENTIAL PROTECTIVE ORDER MATERIAL
`
` ORAL AND VIDEOTAPED DEPOSITION OF JOHN LEVY, PH.D.,
`produced as a witness at the instance of the Petitioners
`and duly sworn, was taken in the above styled and numbered
`cause on Wednesday, July 15th, 2015 from 11:10 a.m. to
`5:33 p.m., before Tamara Chapman, CSR, RPR, CCR (LA) in
`and for the State of Texas, reported by computerized
`stenotype machine, at the offices of Sprinkle IP,
`1301 West 25th Street, Suite 408, Austin, Texas.
`
`Job No: 95251
`
`TSG Reporting - Worldwide 877-702-9580
`
`Oracle Ex. 1218, pg. 1
`Oracle, et al. vs. Crossroads
`IPR2014-01207
`(CONFIDENTIAL)
`
`

`
`Page 2
`
` A P P E A R A N C E S
`
`FOR THE PETITIONERS ORACLE CORPORATION, NETAPP INC. AND
`HUAWEI TECHNOLOGIES CO., LTD.:
` Mr. Greg Gardella, Esq.
` OBLON MCCLELLAND MAIER & NEUSTADT
` 1940 Duke Street
` Alexandria, Virginia 22314
`
` -
` Mr. Aaron Huang, Esq.
` WEIL GOTSHAL & MANGES
` 201 Redwood Shores Parkway
` Redwood Shores, California 94065
`
`FOR THE PATENT OWNER CROSSROADS SYSTEMS, INC.:
` Mr. James Hall, Esq.
` BLANK ROME
` 700 Louisiana
` Houston, Texas 77002
`
`ALSO PRESENT:
` Ms. Rachel MacGuire - Oracle Senior Corporate Counsel
` Mr. Brent Kirby - The Videographer
`
`TSG Reporting - Worldwide 877-702-9580
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`Oracle Ex. 1218, pg. 2
`Oracle, et al. vs. Crossroads
`IPR2014-01207
`(CONFIDENTIAL)
`
`

`
`Page 3
`
` * * *
` EXAMINATION INDEX
` Page
` BY MR. GARDELLA............................ 6
`
` * * *
` INDEX OF EXHIBITS
` Page
` Exhibit 1206............................... 7
` Dr. Levy's 6/30/15 deposition
` transcript - Volume 1
` Exhibit 1207............................... 7
` Dr. Levy's 7/1/15 deposition
` transcript - Volume 2
` Exhibit 1208............................... 6
` Supplemental Declaration of John Levy,
` Ph.D. (Exhibit 1021)
` (LEVY 000065 - LEVY 000079)
` Exhibit 1209............................... 6
` APA-358 MiniSCSI EPP Installation
` Guide (Exhibit 1020)
` (No Bates - 12 pages)
` Exhibit 1210............................... 6
` Figure 3 (Exhibit 1024)
` (No Bates - 1 page)
` Exhibit 1211............................... 6
` Figure 3 (Exhibit 1023)
` (No Bates - 1 page)
` Exhibit 1212............................... 6
` Declaration of John Levy, Ph.D. -
` IPR2015-1463 - Patent No. 7,934,041
` (Exhibit 2027)
` (No Bates - 100 pages)
`
`TSG Reporting - Worldwide 877-702-9580
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`Oracle Ex. 1218, pg. 3
`Oracle, et al. vs. Crossroads
`IPR2014-01207
`(CONFIDENTIAL)
`
`

`
`Page 4
`
` Exhibit 1213............................... 6
` Materials Considered (Exhibit 2601)
` (No Bates - 98 pages)
` Exhibit 1215............................... 8
` Dr. Levy's dates of depositions given
` (No Bates - 1 page)
` Exhibit 1216............................... 125
` March 1989 Sun Microsystems document
` - Network Working Group - Requests for
` Comments: 1094
` (No Bates - 27 pages)
`
` * * *
` INDEX OF PREVIOUS EXHIBITS
`
` Exhibit 1001............................... 52
` U.S. Patent 7,051,147 - Hoese, et al.
` (No Bates - 14 pages)
` Exhibit 1001............................... 69
` U.S. Patent 6,425,035 - Hoese, et al.
` (No Bates - 14 pages)
` Exhibit 1006............................... 58
` U.S. Patent 6,219,771 - Kikuchi, et al.
` (No Bates - 11 pages)
` Exhibit 1007............................... 90
` U.S. Patent 6,073,209 - Bergsten
` (No Bates - 29 pages)
` Exhibit 1008............................... 108
` Patent Application Publication No.
` HEI 5 [1993]181609
` (No Bates - 10 pages)
` Exhibit 1010............................... 148
` Declaration of Professor Jeffrey S.
` Chase, Ph.D. in the '1207 and '1209
` proceedings
` (No Bates - 213 pages)
`
`TSG Reporting - Worldwide 877-702-9580
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`Oracle Ex. 1218, pg. 4
`Oracle, et al. vs. Crossroads
`IPR2014-01207
`(CONFIDENTIAL)
`
`

`
`Page 5
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` Exhibit 2053............................... 9
` Dr. Levy's Declaration in the '1197
` case
` Exhibit 2053.............................. 10
` Dr. Levy's Declaration in the '1207
` and '1209 cases
`
`TSG Reporting - Worldwide 877-702-9580
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`Oracle Ex. 1218, pg. 5
`Oracle, et al. vs. Crossroads
`IPR2014-01207
`(CONFIDENTIAL)
`
`

`
`Page 6
` J. LEVY-7/15/15-CONFIDENTIAL PROTECTIVE ORDER MATERIAL
` (Exhibits 1206 to 1215 were marked.)
` THE VIDEOGRAPHER: This is the videotaped
`oral deposition of John Levy, which has been noticed in
`the matter of Oracle Corporation, NetApp, Inc., and Huawei
`Technologies Company, Ltd. versus Crossroads Systems,
`Inc., Case No. IPR2014-01197, Case No. IPR2014-01207, and
`Case No. IPR2014-01209.
` Today's date, July 15th, 2015. The
`approximate time, 11:10 a.m.
` If counsel would now introduce themselves
`for the record.
` MR. GARDELLA: Greg Gardella and Natalie
`Grace from the Oblon firm on behalf of petitioners and
`accompanied by Aaron Huang of Weil, Gotshal and Rachel
`MacGuire of Oracle.
` MR. HALL: James Hall with Blank Rome on
`behalf of Patent Owner, Crossroads Systems. With me is
`Scott Crocker and Elizabeth Brown Fore from the Sprinkle
`IP Law Group, also for patent owner.
` JOHN LEVY, Ph.D.,
`having been first duly sworn, testified as follows:
` EXAMINATION
`BY MR. GARDELLA:
` Q. Good morning, Dr. Levy.
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`TSG Reporting - Worldwide 877-702-9580
`
`Oracle Ex. 1218, pg. 6
`Oracle, et al. vs. Crossroads
`IPR2014-01207
`(CONFIDENTIAL)
`
`

`
`Page 7
` J. LEVY-7/15/15-CONFIDENTIAL PROTECTIVE ORDER MATERIAL
` A. Good morning, Mr. --
` Q. We have --
` A. -- Gardella.
` Q. We have some formalities to take care of, so I'll
`do that with opposing counsel, and then we'll get to our
`questions.
` A. Okay.
` MR. GARDELLA: So, further to a conversation
`between the parties, the parties hereby stipulate that
`Mr. -- excuse me -- Dr. Levy's testimony in IPR2014-01544,
`Cisco Systems and Quantum Corp. v. Crossroads, taken
`July 30th, 2015, and July 1st, 2015, together with the
`referenced exhibits may be used and cited by either party
`in these proceedings.
` Do you have anything to add to that,
`Mr. Hall?
` MR. HALL: No. I mean, is -- is the
`understanding that we're going to consider the testimony
`there as if it was presented in this proceeding?
` MR. GARDELLA: Yeah. Correct.
` MR. HALL: Okay. That's fine.
` Q. (BY MR. GARDELLA) Briefly, Dr. Levy, I'd like
`you to look at Exhibits 1206 and 1207.
` Can you please confirm that those are, in fact,
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`TSG Reporting - Worldwide 877-702-9580
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`Oracle Ex. 1218, pg. 7
`Oracle, et al. vs. Crossroads
`IPR2014-01207
`(CONFIDENTIAL)
`
`

`
`Page 8
` J. LEVY-7/15/15-CONFIDENTIAL PROTECTIVE ORDER MATERIAL
`the deposition transcripts of your depositions taken on
`the referenced dates?
` A. (Reviewing document.)
` Yes. They appear to be those transcripts.
` Q. Thank you.
` And have you reviewed those transcripts?
` A. I have.
` Q. Is your testimony contained in those transcripts
`truthful and accurate?
` A. Yes.
` Q. I believe you've provided an errata that has been
`marked as Exhibit 1215. Correct?
` A. Yes, I have.
` Q. Other than the changes marked in Exhibit 1215, do
`you have any other changes you'd like to make to the
`testimony set forth in Exhibits 1206 and 1207?
` A. No, I don't.
` MR. GARDELLA: And, for the record, the
`parties further stipulate, subject to further review and
`correction in case of clerical error, that Exhibits 1208
`through 1214 correspond to the exhibits newly marked
`during the Cisco versus Crossroads deposition of Mr. Levy.
` Is that correct, Counsel?
` MR. HALL: Yes. The -- do we want to read
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`Oracle Ex. 1218, pg. 8
`Oracle, et al. vs. Crossroads
`IPR2014-01207
`(CONFIDENTIAL)
`
`

`
`Page 9
` J. LEVY-7/15/15-CONFIDENTIAL PROTECTIVE ORDER MATERIAL
`in -- are the exhibit numbers identical between the
`proceedings? Do we want to read in the --
` MR. GARDELLA: The newly marked exhibit
`numbers, 1208 through 1214, will be identical amongst all
`of the Oracle-Crossroads cases, yes.
` MR. HALL: But -- so the -- the face of each
`of these exhibits also contains the exhibit -- an exhibit
`sticker from the Cisco-Quantum proceeding with a different
`exhibit number --
` MR. GARDELLA: Do you want me --
` MR. HALL: -- which should be apparent from
`the face of the exhibits, the corresponding exhibit
`numbers.
` MR. GARDELLA: Correct.
` MR. HALL: Okay. That's fine.
` MR. GARDELLA: My view is that, in light of
`that, we don't need to read it in.
` MR. HALL: I agree.
` MR. GARDELLA: Okay.
` Q. (BY MR. GARDELLA) All right. Dr. Levy, we're
`going to hand you a copy of your declaration in the '035
`proceeding. It's been marked as Exhibit 2053 in that
`proceeding. Do you recognize that?
` A. (Reviewing document.)
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`Oracle Ex. 1218, pg. 9
`Oracle, et al. vs. Crossroads
`IPR2014-01207
`(CONFIDENTIAL)
`
`

`
`Page 10
` J. LEVY-7/15/15-CONFIDENTIAL PROTECTIVE ORDER MATERIAL
` Yes, I do.
` Q. Can you confirm that 2053 is, in fact, an
`accurate copy of the declaration you submitted in the
`'1197 case?
` A. Well, I'm not going to review every page of this
`document, but it does appear to be that declaration that I
`submitted in the '1197 case.
` Q. Very well.
` I'm going to hand you a copy of Exhibit 2053 in
`the '1207 and '1209 cases, and I'll ask you to confirm
`that that document appears to be a true and accurate copy
`of your declaration submitted in those proceedings?
` A. (Reviewing document.)
` Okay. This does appear to be an accurate copy of
`my declaration. Unlike the other one, it does not have
`the appendices attached.
` Q. To the extent you need to refer to those
`appendices, will you tell me?
` A. Of course.
` MR. GARDELLA: I'm going to hand to the
`court reporter Exhibits 1206 to 1215, newly marked, for
`safekeeping.
` Q. (BY MR. GARDELLA) Now, Dr. Levy, your
`declaration in the '1209 and '1207 cases is substantially
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`Oracle Ex. 1218, pg. 10
`Oracle, et al. vs. Crossroads
`IPR2014-01207
`(CONFIDENTIAL)
`
`

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` J. LEVY-7/15/15-CONFIDENTIAL PROTECTIVE ORDER MATERIAL
`ideal to your declaration in the '1197 case. Correct?
` A. Well, it's not identical because I know the
`length is different.
` Q. Let me get it at a slightly different way.
` A. Yeah.
` Q. The declaration in the '1207 and '1209 cases is
`longer, I believe, than your declaration in the '1197
`case?
` A. That's correct.
` Q. And all the testimony, I believe, in the '1197
`declaration is also included in the '1207 and '1209
`declarations. Is that correct?
` A. I believe the substance of all the material in
`the '1197 declaration is in the '1207/'1209 declaration.
` Q. So for today, I would like to refer and use
`primarily the '1207 and '1209 declaration for purposes of
`my questions. Is that acceptable?
` A. Yes.
` Q. To the extent some difference would arise
`relative to the '1197 proceeding or your declaration with
`respect thereto, will you tell me?
` A. To the extent --
` MR. HALL: Objection to form.
` A. To the extent that I remember, I will.
`
`TSG Reporting - Worldwide 877-702-9580
`
`Oracle Ex. 1218, pg. 11
`Oracle, et al. vs. Crossroads
`IPR2014-01207
`(CONFIDENTIAL)
`
`

`
`Page 12
` J. LEVY-7/15/15-CONFIDENTIAL PROTECTIVE ORDER MATERIAL
` Q. (BY MR. GARDELLA) So when I refer to
`Exhibit 2053, I will be referring to Exhibit 2053 in the
`'1207 and '1209 cases unless otherwise stated.
` A. Okay.
` Q. How was your declaration that is Exhibit 2053
`prepared?
` A. Well, let's see. It was prepared by me writing
`drafts and doing editing and discussion passes with the
`attorneys at the Sprinkle firm, and that -- I guess that
`pretty much describes the process.
` Q. Okay. To what extent was the text of
`Exhibit 2053 authored by you personally?
` MR. HALL: Objection; form.
` A. I would say that the -- well, from the standpoint
`of all of the technical content, I have either authored or
`reviewed very closely every bit of it, and so I stand by
`what's there. Since there was so much editing done,
`especially by me, I would say that that essentially
`establishes authorship substantially.
` Q. (BY MR. GARDELLA) Approximately how many hours
`did you devote to the preparation of your declaration?
` A. I don't think I can give you a number of hours
`for this declaration alone. I could only give you an
`estimate of the hours spent on all of the IPRs and all of
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`Oracle Ex. 1218, pg. 12
`Oracle, et al. vs. Crossroads
`IPR2014-01207
`(CONFIDENTIAL)
`
`

`
`Page 13
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`the declarations.
` Q. Okay. Please give me that number, if you would.
`Or an approximation.
` A. It's through the end of May. Let's see. Through
`the end of May it was 125 hours, approximately.
` MR. HALL: Counsel, I'm going to stop you.
`I was just looking at Exhibit 2053 in the '1197
`proceeding, and the copy that you have marked here does
`not appear to match the copy that has been filed in the
`proceeding.
` Specifically what I notice is that there
`is -- the copy online has a date, whereas this one does
`not. So I don't know if it's --
` MR. GARDELLA: Which page or pages contains
`the date?
` MR. HALL: The pages -- I think this is one
`of the issues we were going to correct. It's the last
`page before Appendix A, Paragraph 138 --
` MR. GARDELLA: Okay.
` MR. HALL: -- as the immediately preceding
`paragraph.
` MR. GARDELLA: And you'll have to refresh my
`recollection, Mr. Hall, did you submit a corrected
`exhibit --
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`Oracle Ex. 1218, pg. 13
`Oracle, et al. vs. Crossroads
`IPR2014-01207
`(CONFIDENTIAL)
`
`

`
`Page 14
` J. LEVY-7/15/15-CONFIDENTIAL PROTECTIVE ORDER MATERIAL
` MR. HALL: We have not done so.
` MR. GARDELLA: -- which replaced this page?
` MR. HALL: We have not done so yet, no. We
`have discussed that.
` MR. GARDELLA: Okay. Do you have any
`objection to us proceeding with the question based upon
`this exhibit, subject to presumably provision of the
`signature page at a later point in time?
` MR. HALL: No, I guess you're
`misunderstanding what I'm saying. The correction is not
`the fact that there's a date. The correction was that
`there are no page numbers at the bottom.
` MR. GARDELLA: Oh.
` MR. HALL: The as-filed copy contains a date
`already.
` MR. GARDELLA: Uh-huh. My proposal would be
`that given that we have paragraph numbers --
` MR. HALL: Okay.
` MR. GARDELLA: -- intrinsic to the document,
`that will -- will suffice --
` MR. HALL: No --
` MR. GARDELLA: -- for purposes of today.
` MR. HALL: The -- I'm -- I'm not worried
`about the -- the paragraph numbers or the page numbers.
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`Oracle Ex. 1218, pg. 14
`Oracle, et al. vs. Crossroads
`IPR2014-01207
`(CONFIDENTIAL)
`
`

`
`Page 15
` J. LEVY-7/15/15-CONFIDENTIAL PROTECTIVE ORDER MATERIAL
`I'm worried about the fact that you have marked a copy
`which does not match the as-filed copy with the patent
`office --
` MR. GARDELLA: Uh-huh.
` MR. HALL: -- and that -- the only
`difference may be the fact that the date is missing. I
`just don't have any idea --
` MR. GARDELLA: Okay.
` MR. HALL: -- where this came from.
` MR. GARDELLA: At the break, can you print
`what you believe to be a correct copy --
` MR. HALL: Yeah.
` MR. GARDELLA: -- of Exhibit 2053 in the
`'1197 and we'll put that before the witness?
` MR. HALL: Yeah.
` MR. GARDELLA: Yeah, my apologies to the
`extent we pulled the wrong exhibit. Perhaps, just for my
`benefit, is the version of 2053 that I handed the witness,
`is that perhaps the version that was originally filed --
` MR. HALL: No, we've --
` MR. GARDELLA: -- by patent --
` MR. HALL: -- only filed one -- one of
`these, to my knowledge.
` MR. GARDELLA: Okay. All right. Well,
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`Oracle Ex. 1218, pg. 15
`Oracle, et al. vs. Crossroads
`IPR2014-01207
`(CONFIDENTIAL)
`
`

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`Page 16
` J. LEVY-7/15/15-CONFIDENTIAL PROTECTIVE ORDER MATERIAL
`maybe at a break we can investigate --
` MR. HALL: Okay.
` MR. GARDELLA: -- the source of the
`inconsistency.
` MR. HALL: Okay. That's fine.
` MR. GARDELLA: Okay.
` Q. (BY MR. GARDELLA) So, Dr. Levy, returning to
`your declaration and the time spent preparing it. And for
`clarity of the record, the Cisco-Crossroads IPRs involve
`one ground of unpatentability based upon the CRD
`references. Correct?
` A. I don't know that it's one ground, but it was the
`CRD references --
` Q. And --
` A. -- primarily.
` Q. -- the same or similar CRD references are
`presented to support a ground of unpatentability in the
`'1197, '1207 and '1209 cases. Correct?
` A. Yes.
` Q. So is it fair to say that the issues with regard
`to CRD substantially overlap between the Cisco-Crossroads
`proceedings and the '1197, '1207 and '1209 proceedings?
` MR. HALL: Objection; form.
` A. I think that's fair to say, yes.
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`Oracle Ex. 1218, pg. 16
`Oracle, et al. vs. Crossroads
`IPR2014-01207
`(CONFIDENTIAL)
`
`

`
`Page 17
` J. LEVY-7/15/15-CONFIDENTIAL PROTECTIVE ORDER MATERIAL
` Q. (BY MR. GARDELLA) Do you have any health issues
`or are you taking any medication that would impair your
`ability to testify truthfully and accurately here today?
` A. No.
` Q. Is there any reason at all why you cannot give
`truthful and accurate testimony today?
` A. No, there is not.
` Q. Did you prepare for today's deposition?
` A. Yes.
` Q. Okay. And please explain how you did so.
` A. I spent a substantial part of three days last
`week with attorneys from the Sprinkle firm --
` Q. Which --
` A. -- preparing, and a substantial part of
`yesterday.
` Q. Can you identify which attorneys you prepared
`with?
` A. Yes. Mr. Crocker and Mr. Adair last week. And
`this week Mr. Crocker and Mr. Hall.
` Q. And approximately how many hours did that
`preparation entail?
` A. Oh, on the order of 30 hours.
` Q. During those meetings or sessions, did you review
`any document which is not specifically referenced in your
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`Oracle Ex. 1218, pg. 17
`Oracle, et al. vs. Crossroads
`IPR2014-01207
`(CONFIDENTIAL)
`
`

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`declaration?
` A. None that I recall at the moment.
` Q. At any point in connection with the preparation
`for today's deposition, did you review or access any
`documents that are not specifically referenced in your
`declaration?
` A. I have reviewed some of the SCSI standard
`documents, such as the SCSI controller commands document
`and SCSI architecture man- -- the third letter is an M,
`but I don't remember what it stands for -- the SCSI
`architecture document, and some of the others in that
`generation of SCSI-3 standards.
` Q. And just to clarify, the documents to which you
`just referred are not specifically referenced in your
`declaration?
` A. Some of them may not be specifically referenced
`in this declaration.
` Q. Would they be referenced in the declaration you
`submitted in the Cisco-Quantum matter?
` A. I don't recall at the moment. I'd actually have
`to go review the Appendix Cs that we have now corrected.
` Q. How did you come to review those documents? And
`let me expand on the question a bit.
` Did you decide to review those documents, or was
`
`TSG Reporting - Worldwide 877-702-9580
`
`Oracle Ex. 1218, pg. 18
`Oracle, et al. vs. Crossroads
`IPR2014-01207
`(CONFIDENTIAL)
`
`

`
`Page 19
` J. LEVY-7/15/15-CONFIDENTIAL PROTECTIVE ORDER MATERIAL
`it proposed by someone else that you review those
`documents?
` MR. HALL: I'm going to object on the basis
`of attorney-client privilege and work product and advise
`the witness not to answer the question.
` MR. GARDELLA: I believe, especially if the
`witness did it himself, that's not attorney-client
`privilege, so --
` MR. HALL: So to the extent that your answer
`would reveal impressions of counsel, I would assert the
`work product doctrine and advise the -- the witness not
`the answer.
` Q. (BY MR. GARDELLA) And I can rephrase slightly
`just to moot the issue, I think.
` Did you individually and personally decide to
`review those documents? That is to say, the documents
`which may not have been referenced in your declaration?
` A. I actually don't recall at this moment.
` Q. So someone else may have proposed that to you?
` A. Let me just say, in general, when certain
`questions come up about, for example, SCSI commands, I may
`have decided on my own to search through some documents to
`see whether certain commands exist. But other -- but I
`think probably most of them were prompted by what kind of
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`Oracle Ex. 1218, pg. 19
`Oracle, et al. vs. Crossroads
`IPR2014-01207
`(CONFIDENTIAL)
`
`

`
`Page 20
` J. LEVY-7/15/15-CONFIDENTIAL PROTECTIVE ORDER MATERIAL
`discussions the attorneys and I were having.
` Q. So can you recall the purpose of your review of
`the SCSI command and architecture documents?
` A. No, I don't.
` Q. You were an inventor on several patents.
`Correct?
` A. Yes.
` Q. Is it fair to say that your patents are primarily
`directed to hardware innovations?
` MR. HALL: Objection; form.
` Q. (BY MR. GARDELLA) Do you understand the
`question?
` A. I do. Yes. I'm just thinking about the patents
`since they were a long time ago.
` Yes, they were primarily associated with hardware
`and its functioning.
` Q. As distinct from software. Correct?
` A. As distinct from software such as operating
`systems or applications.
` Q. What type of work did you do for Apple?
` A. At Apple, I was initially engaged to assist in
`the design of a new processor, which was to be a Pascal
`engine, if that means anything to you, an interpreter
`engine. When that was abandoned for choice of the
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`Oracle Ex. 1218, pg. 20
`Oracle, et al. vs. Crossroads
`IPR2014-01207
`(CONFIDENTIAL)
`
`

`
`Page 21
` J. LEVY-7/15/15-CONFIDENTIAL PROTECTIVE ORDER MATERIAL
`Motorola 68000 chip as a CPU, I moved on to working on the
`design of a new local area network which involved both
`hardware and firmware.
` Q. Did your work for Apple involve software
`development?
` A. To the extent that the LAN required firmware,
`yes, it did.
` Q. Would it be fair to say that your work for Apple
`was primarily on the hardware side?
` A. Yes, I think that would be fair to say.
` Q. And how about your work for Quantum, is it fair
`to say that that also was primarily on the hardware side?
` A. No.
` Q. And please explain, if you would.
` A. With Quantum, I formed -- as an employee at
`Quantum, I formed a new group called Systems Engineering,
`and it had a mission in three areas. One of them had to
`do with hardware interfaces, such as ATA and SCSI. One of
`them had to do with firmware development and testing. So
`building hardware and software tools for firmware
`engineers to use in testing their firmware. And the third
`one had to do with purely software, which involved hard
`disk drive drivers, which are the software units in an
`operating system that interfaced directly with a disk
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`Oracle Ex. 1218, pg. 21
`Oracle, et al. vs. Crossroads
`IPR2014-01207
`(CONFIDENTIAL)
`
`

`
`Page 22
` J. LEVY-7/15/15-CONFIDENTIAL PROTECTIVE ORDER MATERIAL
`drive, and with simulation and modeling of performance,
`which would involve the development of a software
`simulator to measure or predict performance of disk drives
`that had not yet been realized in hardware.
` Q. Over what time period did that work span?
` A. All of that work?
` Q. Yes.
` A. I was employed by Quantum for just under six
`years.
` Q. From when to when, approximately?
` A. 1993, January, to October of 1998.
` Q. Do you have any work experience related to
`storage servers which utilize block-based access?
` A. Perhaps it would be best if you clarify why you
`qualified that with -- used "block-based access." Are you
`talking -- you know, every storage access to a physical
`drive on a direct access device is block-based, so I'm not
`quite sure what the qualification means.
` Q. Well, do you understand the term "block-based
`access"?
` A. Not out of context, no.
` Q. Okay. We'll come back to that.
` A. Okay.
` Q. Do you have any work experience related to
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`Oracle Ex. 1218, pg. 22
`Oracle, et al. vs. Crossroads
`IPR2014-01207
`(CONFIDENTIAL)
`
`

`
`Page 23
` J. LEVY-7/15/15-CONFIDENTIAL PROTECTIVE ORDER MATERIAL
`network storage?
` A. And by "network storage," you mean what?
` Q. Well, do you have an understanding of the term?
` A. Not in isolation.
` Q. How about "fibre channel storage"?
` A. Storage devices attached to a fibre channel or
`something else?
` Q. Yes. The former.
` MR. HALL: Objection.
` A. Okay. I have not been engaged in the design of
`specific devices that attach to fibre channel.
` Q. (BY MR. GARDELLA) Who is a person of ordinary
`skill in the art in the field of the invention of the '147
`and '035 patents?
` A. If I may, I'm going to refer to my declaration.
` (Reviewing document.)
` Q. Can you answer the question without referring to
`your declaration, Dr. Levy?
` A. I would prefer to refer to it so that what I say
`is consistent with what I've said here.
` (Reviewing document.)
` So you asked for a person of ordinary skill in
`the art relative to the patents under review?
` Q. Yes.
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`Oracle Ex. 1218, pg. 23
`Oracle, et al. vs. Crossroads
`IPR2014-01207
`(CONFIDENTIAL)
`
`

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` A. So I believe that it's someone who would have a
`bachelor's degree in electrical engineering or an
`equivalent, and at least three years' experience in the
`design of storage systems and networks; or an MS or Ph.D.
`in electrical engineering or the equivalent, and at least
`a year of experience in the same areas.
` Q. And are you reading from your declaration?
` A. In part, I am.
` Q. Which paragraph?
` A. 18.
` Q. I'd like you to turn to Paragraph 49 of your
`declaration.
` A. Okay.
` Q. What is set forth in Paragraph 49?
` A. In Paragraph 49 I've stated that it's my
`understanding the Board has not adopted any constructions
`in instituting the proceedings.
` And then I've included a table of the proposed
`constructions by the petitioners and patent owner in the
`co-pending litigation.
` Q. With regard to the constructions proffered by
`Patent Owner and reproduced in the middle column of
`Table 1, do you disagree with any of those proposed
`constructions?
`
`TSG Reporting - Worldwide 877-702-9580
`
`Oracle Ex. 1218, pg. 24
`Oracle, et al. vs. Crossroads
`IPR2014-01207
`(CONFIDENTIAL)
`
`

`
`Page 25
` J. LEVY-7/15/15-CONFIDENTIAL PROTECTIVE ORDER MATERIAL
` A. No, I don't.
` Q. Do you affirmatively agree with each of those
`constructions?
` MR. HALL: Objection; form.
` A. I do affirmatively agree with them, and I have
`given further statements about my understanding of the
`interpretation of those constructions.
` Q. (BY MR. GARDELLA) So we'll get back to that a
`little bit later.
` Does your doc- -- excuse me -- declaration offer
`an opinion concerning the meaning of the term "mapping" as
`it's used in the '035 and '147 patents?
` A. Yes. I -- as I've said, I've given my
`understanding of what I consider the broadest reasonable
`interpretation of these claim terms, which includes a map
`and mapping.
` Q. And where is that opinion expressed?
` A. It's in the -- Section C, and I guess the
`subsequent sections are D, E, and F of this. So that's
`Paragraphs 50 through 65.
` Q. So can you tell me sitting here today what your
`proposed interpretation of the term "mapping" is?
` A. I believe I've explained that in my declaration,
`so I'd be happy to give that to you.
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`Oracle Ex. 1218, pg. 25
`Oracle, et al. vs. Crossroads
`IPR2014-01207
`(CONFIDENTIAL)
`
`

`
`Page 26
` J. LEVY-7/15/15-CONFIDENTIAL PROTECTIVE ORDER MATERIAL
` Q. Well, let me give you a little context, Dr. Levy.
` A. Uh-huh.
` Q. So in Paragraph 49 there is an affirmative
`proposed definition for "mapping" set forth in Table 1.
`Correct?
` MR. HALL: Objection; form, foundation.
` A. There are two proposed constructions offered on
`map and mapping in that table.
` Q. (BY MR

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