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` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`ORACLE CORPORATION, §
`NETAPP INC. AND HUAWEI §
`TECHNOLOGIES CO., LTD. §
` §
` Petitioners, § IPR2014-01197
` § IPR2014-01207
`VS. § IPR2014-01209
` §
` §
`CROSSROADS SYSTEMS, §
`INC. §
` §
` Patent Owner. §
` *** AND ***
` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`CISCO SYSTEMS, INC. AND §
`QUANTUM CORPORATION, §
` §
` Petitioners, §
` § IPR2014-01226
`VS. § IPR2014-01544
` § IPR2014-01463
` §
`CROSSROADS SYSTEMS, §
`INC. §
` §
` Patent Owner. §
`
` ORAL AND VIDEOTAPED DEPOSITION OF
` BRIAN BIANCHI
` JULY 9, 2015
` CONFIDENTIAL PROTECTIVE ORDER MATERIAL
` VOLUME 2 OF 2
`JOB NO: 95246
`
`TSG Reporting - Worldwide 877-702-9580
`
`Oracle Ex. 1222, pg. 1
`Oracle, et al. vs. Crossroads
`IPR2014-01209
`(CONFIDENTIAL)
`
`
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` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`ORACLE CORPORATION, §
`NETAPP INC. AND HUAWEI §
`TECHNOLOGIES CO., LTD. §
` §
` Petitioners, § IPR2014-01197
` § IPR2014-01207
`VS. § IPR2014-01209
` §
` §
`CROSSROADS SYSTEMS, §
`INC. §
` §
` Patent Owner. §
` *** AND ***
` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`CISCO SYSTEMS, INC. AND §
`QUANTUM CORPORATION, §
` §
` Petitioners, §
` § IPR2014-01226
`VS. § IPR2014-01544
` § IPR2014-01463
` §
`CROSSROADS SYSTEMS, §
`INC. §
` §
` Patent Owner. §
`
` ORAL AND VIDEOTAPED DEPOSITION OF
` BRIAN BIANCHI
` JULY 9, 2015
` CONFIDENTIAL PROTECTIVE ORDER MATERIAL
` VOLUME 2 OF 2
`JOB NO: 95246
`
`TSG Reporting - Worldwide 877-702-9580
`
`Oracle Ex. 1222, pg. 1
`Oracle, et al. vs. Crossroads
`IPR2014-01209
`(CONFIDENTIAL)
`
`
`
`Page 216
`
` ORAL AND VIDEOTAPED DEPOSITION OF BRIAN BIANCHI,
`produced as a witness at the instance of the Petitioners
`and duly sworn, was taken in the above styled and numbered
`cause on Thursday, July 9th, 2015 from 8:55 a.m. to
`12:32 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.
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`TSG Reporting - Worldwide 877-702-9580
`
`Oracle Ex. 1222, pg. 2
`Oracle, et al. vs. Crossroads
`IPR2014-01209
`(CONFIDENTIAL)
`
`
`
`Page 217
`
` 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
`
` - AND -
` 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
`
`FOR THE PETITIONERS CISCO SYSTEMS AND QUANTUM CORPORATION:
` Mr. Phillip Philbin, Esq.
` HAYNES AND BOONE
` 2323 Victory Avenue
` Dallas, Texas 75219
`
` - AND -
` Mr. Gregory Huh, Esq.
` Mr. Scott Jarratt, Esq.
` HAYNES AND BOONE
` 2505 North Plano Road
` Richardson, Texas 75082
`
` ///
`
`TSG Reporting - Worldwide 877-702-9580
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`Oracle Ex. 1222, pg. 3
`Oracle, et al. vs. Crossroads
`IPR2014-01209
`(CONFIDENTIAL)
`
`
`
`Page 218
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`ALSO PRESENT:
` Ms. Natalie J. Grace Oblon, McClelland, Maier &
` Neustadt, LLP (ngrace@oblon.com)
` Ms. Eun Hae Park - Oracle
` Mr. Brent Kirby - The Videographer
`
`TSG Reporting - Worldwide 877-702-9580
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`Oracle Ex. 1222, pg. 4
`Oracle, et al. vs. Crossroads
`IPR2014-01209
`(CONFIDENTIAL)
`
`
`
`Page 219
`
` * * *
` EXAMINATION INDEX
`
` Page
` BY MR. GARDELLA............................ 221
` BY MR. HALL................................ 250
` BY MR. PHILBIN............................. 274
`
` * * *
` INDEX OF NEW EXHIBITS
` Page
` Exhibit 1205............................... 221
` Redlined version of document entitled
` "Storage Router and Method for Providing
` Virtual Local Storage"
` (no Bates - 19 pages)
`
` * * *
` INDEX OF PREVIOUS EXHIBITS
` Exhibit 1102............................... 253
` Crossroads Systems, Inc. IPO
` (no Bates - 6 pages)
` Exhibit 2044............................... 245
` Exhibit A to Declaration of Brian
` Bianchi
` (No Bates - 5 pages)
`
`TSG Reporting - Worldwide 877-702-9580
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`Oracle Ex. 1222, pg. 5
`Oracle, et al. vs. Crossroads
`IPR2014-01209
`(CONFIDENTIAL)
`
`
`
`Page 220
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` Exhibit 2045............................... 272
` Exhibit B to Declaration of Brian
` Bianchi
` (No Bates - 5 pages)
` Exhibit 2046............................... 250
` Data sheet regarding Near Edge
` routers and bridges
` (CRDS 504194 - CRDS 506659)
` Exhibit 2303............................... 221
` Correspondence dated 7/11/1997 from
` Anthony Peterman to Geoffrey Hoese Re:
` U.S. Patent Application Entitled Storage
` Router and Method for Providing Virtual
` Local Storage (with attachments)
` (No Bates - 33 pages)
` Exhibit 2307............................... 230
` Presentation entitled "Verrazano
` FC-SCSCI Bridge Product Overview" dated
` 6/19/1996
` (CRDS 40807 - CRDS 40823)
` Exhibit 2311............................... 262
` Chronology - Conception and Reduction
` to Practice (U.S. Patent No. 5,941,972)
` (No Bates - 7 pages)
` Exhibit 2312............................... 262
` Schematic updated 9/3/1997
` (No Bates – 1 page)
` Exhibit 2323............................... 221
` Correspondence dated 12/31/1997 from
` William Hulsey to Dale Quisenberry Re:
` U.S. Patent Application Entitled Storage
` Router and Method for Providing Virtual
` Local Storage (with attachments)
` (No Bates - 33 pages)
` Exhibit 2324............................... 228
` Declaration of Brian Bianchi for
` Patent No. 7,051,147
` (No Bates - 7 pages)
`
`TSG Reporting - Worldwide 877-702-9580
`
`Oracle Ex. 1222, pg. 6
`Oracle, et al. vs. Crossroads
`IPR2014-01209
`(CONFIDENTIAL)
`
`
`
`Page 221
`B. BIANCHI-7/9/2015-CONFIDENTIAL PROTECTIVE ORDER MATERIAL
` (Exhibit 1205 was marked.)
` THE VIDEOGRAPHER: This is Tape No. 1.
`We're on the record 8:55 a.m.
` FURTHER EXAMINATION
`BY MR. GARDELLA:
` Q. Good morning, Mr. Bianchi.
` A. Good morning.
` Q. Did you discuss the substance of your testimony
`with anyone since we broke for the evening yesterday?
` A. No, I have not.
` Q. I'm going to hand you a redline that's marked as
`Exhibit 1205. And I can represent that this is believed,
`by me at least, to be a redline showing the changes which
`would have to be made to the application of Exhibit 2303
`in order to arrive at the patent application included in
`Exhibit 2323.
` So I'd like you to go through that document
`paragraph by paragraph and see if you can identify any
`errors in the redline.
` A. I do have a question. In document is labeled
`both 2323 and 1204?
` Q. (BY MR. GARDELLA) So --
` MR. HALL: That's the one from yesterday.
` Q. (BY MR. GARDELLA) So 1204 I can remove from the
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`Oracle Ex. 1222, pg. 7
`Oracle, et al. vs. Crossroads
`IPR2014-01209
`(CONFIDENTIAL)
`
`
`
`Page 222
`B. BIANCHI-7/9/2015-CONFIDENTIAL PROTECTIVE ORDER MATERIAL
`pile that's in front of you. That -- that would remove
`some confusion. Because 120- -- the one that's dual
`marked was highlighted, so let's put that to the side.
` MR. GARDELLA: So the witness has before him
`1205.
` Q. (BY MR. GARDELLA) And I believe you're about to
`grab 2303 and 2323. Correct?
` A. Ah. Here it is. Correct.
` Q. All right.
` MR. GARDELLA: Let the record show that the
`witness has in front of him 2303, 2323 and 1205.
` MR. HALL: So at this time I will object to
`the question to the extent it's asking the witness, at the
`time of the deposition, to make an accurate comparison
`between 2303 and 2323. We believe that the documents
`speak for themselves as to the differences between the two
`documents, and we'll let it go with that.
` A. So to be clear, you'd like me to review the
`redline to -- for accuracy? Is that what you're asking me
`to do?
` Q. (BY MR. GARDELLA) Correct.
` MR. HALL: If he spots any inaccuracies,
`what would you like him do?
` MR. GARDELLA: Note them on the record.
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`
`Oracle Ex. 1222, pg. 8
`Oracle, et al. vs. Crossroads
`IPR2014-01209
`(CONFIDENTIAL)
`
`
`
`Page 223
`B. BIANCHI-7/9/2015-CONFIDENTIAL PROTECTIVE ORDER MATERIAL
` A. Okay.
` MR. HALL: Should he do anything --
` Q. (BY MR. GARDELLA) And, further to Mr. Hall's
`suggestion, if you do spot any errors, if you could
`announce the same, and if appropriate we'll have you make
`a written annotation to Exhibit 1205.
` A. Okay.
` (Reviewing document.)
` So there is a mistake I found.
` Q. Uh-huh.
` A. Exhibit 1205 in the first paragraph under
`"Background of the Invention" --
` Q. Uh-huh.
` A. -- it highlights "known" as having changed
`between the two documents, which is the same in both
`documents.
` Q. All right. So could you please circle that.
` A. Could I have a writing utensil to use?
` Q. Would a red pen suffice?
` A. You tell me.
` Q. Okay. It's fine, from my perspective. So if you
`would, please circle it and initial and date it in the
`margin next to any annotations you make.
` A. (Complies.)
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`
`Oracle Ex. 1222, pg. 9
`Oracle, et al. vs. Crossroads
`IPR2014-01209
`(CONFIDENTIAL)
`
`
`
`Page 224
`B. BIANCHI-7/9/2015-CONFIDENTIAL PROTECTIVE ORDER MATERIAL
` (Reviewing document.)
` So I found a punctuation difference that's not
`captured.
` Q. Please annotate the document to reflect that as
`well.
` A. How would you like me to annotate something that
`was deleted that doesn't show up there? There's a comma
`that was in the original, but it was taken out. It's not
`in the annotation.
` Q. Why don't we put an annotation in the margin that
`says "comma deleted" with an arrow to where it was
`deleted.
` A. Okay.
` (Complies.)
` (Reviewing document.)
` I found some more missing information.
` Q. Okay.
` A. The redline doesn't reflect the -- changing the
`lower case of "access." Likewise, it also does not
`show -- this is on Line 25 of Exhibit 2303.
` MR. HALL: What page?
` THE WITNESS: Page 3 of 33.
` MR. HALL: Okay.
` A. And -- I'm sorry, this is difficult to find my
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`TSG Reporting - Worldwide 877-702-9580
`
`Oracle Ex. 1222, pg. 10
`Oracle, et al. vs. Crossroads
`IPR2014-01209
`(CONFIDENTIAL)
`
`
`
`Page 225
`B. BIANCHI-7/9/2015-CONFIDENTIAL PROTECTIVE ORDER MATERIAL
`places back and forth.
` (Reviewing document.)
` It doesn't show that the words "that map directly
`to the mechanism used by the storage." Some of this is
`not reflecting it as being deleted, at least at that point
`and maybe further. I have to re-compare again. I lost my
`place.
` (Reviewing document.)
` So at the bottom of Page 3 of 33 on that same
`exhibit, 2303, the words "block protocols that" are not
`shown as being removed in the redline, Exhibit 1205.
` (Reviewing document.)
` Q. (BY MR. GARDELLA) Please annotate the document
`to indicate that those doc- -- those words were deleted in
`that location.
` MR. HALL: I think he already did that. Do
`you want him to check with you before he annotates the
`document each time?
` MR. GARDELLA: I don't think it's necessary.
` A. Okay. I thought that's what you asked for me to
`do.
` Q. (BY MR. GARDELLA) Yeah, they -- it is, but --
`well, why -- why don't you continue just at least
`announcing the modifications you're making as you make
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`TSG Reporting - Worldwide 877-702-9580
`
`Oracle Ex. 1222, pg. 11
`Oracle, et al. vs. Crossroads
`IPR2014-01209
`(CONFIDENTIAL)
`
`
`
`Page 226
`B. BIANCHI-7/9/2015-CONFIDENTIAL PROTECTIVE ORDER MATERIAL
`them so the transcript will reflect your edits as well.
` A. (Reviewing document.)
` Would it be okay for me to mark on Exhibit 2303
`and 2323 so that can I keep my place?
` Q. Absolutely.
` A. Do you have a pencil I could use? Would that be
`appropriate? Or does it --
` Q. Yeah. That's fine. I can hand you a pencil.
` Do you have a preference for a pen? Or a pencil,
`rather, instead of a pen? Because I have both.
` A. A pencil would be perfect. Thank you.
` Exhibit 2303 on Page 4 of 33 on Line -- Line 7 --
`or Line 8 -- excuse me -- the word "the" is not being
`reflected as being deleted.
` Q. Please annotate 1205 accordingly.
` A. (Reviewing document.)
` The same exhibit, 2303, same page, Page 4,
`Line 8, it is not showing that the word "network" has been
`removed. Or has been added. Excuse me. "Through
`protocols" was changed to "through network protocols."
` Q. Please add that annotation.
` A. (Complies.)
` (Reviewing document.)
` Q. Mr. Bianchi, I'm going to leave the room for a
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`
`Oracle Ex. 1222, pg. 12
`Oracle, et al. vs. Crossroads
`IPR2014-01209
`(CONFIDENTIAL)
`
`
`
`Page 227
`B. BIANCHI-7/9/2015-CONFIDENTIAL PROTECTIVE ORDER MATERIAL
`moment, but please continue and I'll just review the --
`the transcript when I return to see any changes you've
`made.
` A. Okay.
` (Mr. Gardella leaves the deposition room.)
` A. (Reviewing document.)
` From Exhibit 2303, Page 6, Line 13, where it says
`"ten kilometers using Fibre Channel," the word "as
`defined" are -- is not marked as being added in the
`redline version.
` (Reviewing document.)
` (Mr. Gardella returns to deposition room.)
` A. (Reviewing document.)
` On Exhibit 1205 on Page 5, the second line of the
`red section, "workstation" is misspelled. It was spelled
`originally in the document as "workstations." This has a
`"9" for the "s" on the first "s" instead.
` MR. HALL: Can we go off the record for just
`a moment?
` MR. GARDELLA: Sure.
` THE VIDEOGRAPHER: Off the record at 9:40.
` (Break.)
` THE VIDEOGRAPHER: This is Tape No. 2.
`We're back on the record, 9:50.
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`Oracle Ex. 1222, pg. 13
`Oracle, et al. vs. Crossroads
`IPR2014-01209
`(CONFIDENTIAL)
`
`
`
`Page 228
`B. BIANCHI-7/9/2015-CONFIDENTIAL PROTECTIVE ORDER MATERIAL
` MR. GARDELLA: Further to a discussion I had
`with Mr. Hall during the break and in an effort to
`streamline today's deposition and the testimony, Counsel
`has agreed to work in good faith to arrive at a stipulated
`redline which accurately reflects differences between the
`patent application, which is part of Exhibit 2303, and the
`application, which is part of Exhibit 2323.
` Q. (BY MR. GARDELLA) And with that having been
`said, we'll move on to a different line of questioning.
` A. Okay.
` Q. So my next questions relate to your declaration
`that is Exhibit 2324.
` And you recall that yesterday we had some
`discussion around, as a group, the exhibits referenced in
`your Paragraph 2.
` A. Yes.
` Q. I have some further questions directed to those
`exhibits as a group.
` You didn't personally create any of those
`documents, did you?
` A. I did not.
` Q. You didn't personally store in the first instance
`any of those documents in Crossroads' files?
` A. I did not.
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`Oracle Ex. 1222, pg. 14
`Oracle, et al. vs. Crossroads
`IPR2014-01209
`(CONFIDENTIAL)
`
`
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`Page 229
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` Q. You did not personally maintain any of those
`documents in Crossroads' files --
` MR. HALL: Objection; form.
` Q. (BY MR. GARDELLA) -- did you?
` A. What do you mean by "maintain"?
` Q. Were you responsible at any point in time for the
`maintenance of any of the documents in Crossroads' files?
` A. I'm not sure what you mean by "maintenance."
` Q. By "maintenance," I mean the -- the storage of
`the document and ensuring that it is -- it is safely kept
`and modified only as intended by Crossroads.
` A. I have been responsible for to it organization
`which backs up our systems and maintains our storage
`systems. So from that respect, I would say I was
`responsible for maintaining them.
` Q. Did you witness the creation of any of the
`documents referenced in Exhibit 2 -- excuse me -- in
`Paragraph 2 of Exhibit 2324?
` A. No, I did not.
` Q. Did you personally retrieve any of those
`documents for inclusion as exhibits?
` A. Yes, I did.
` Q. Okay. Which documents did you personally
`retrieve?
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`Oracle Ex. 1222, pg. 15
`Oracle, et al. vs. Crossroads
`IPR2014-01209
`(CONFIDENTIAL)
`
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` A. All of them.
` Q. Could you describe the process by which you
`retrieved those documents?
` A. The general process was looking at our networking
`share under some of the old project folders and searching
`for these specific documents and verifying that they were
`indeed present and reflected what was submitted.
` Q. So let's take Exhibit 2307 as an example. Would
`you please turn to that.
` MR. HALL: Counsel, I'm not going to ref- --
`I'm going to reference our conversation to a similar topic
`yesterday afternoon about the documents, if you know what
`I'm talking about. Do you understand what I'm talking
`about?
` MR. GARDELLA: No. We might want to take a
`break --
` MR. HALL: Okay. Let's --
` MR. GARDELLA: -- so I'm clear.
` MR. HALL: -- go off the record just
`briefly.
` THE VIDEOGRAPHER: Off the record at 9:54.
` (Break.)
` THE VIDEOGRAPHER: Back on the record, 9:56.
` Q. (BY MR. GARDELLA) Mr. Bianchi, do you recall
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`Oracle Ex. 1222, pg. 16
`Oracle, et al. vs. Crossroads
`IPR2014-01209
`(CONFIDENTIAL)
`
`
`
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`B. BIANCHI-7/9/2015-CONFIDENTIAL PROTECTIVE ORDER MATERIAL
`that we had a discussion yesterday about the Bates
`numbering on the various pages which comprise the exhibits
`referenced in Paragraph 2 of your declaration?
` A. I recall.
` Q. And I believe it was your testimony that the
`actual versions of the documents which are included in the
`exhibits referenced in Paragraph 2 of your declaration
`were likely retrieved by the lawyers from the lawyers'
`files. Is that correct?
` A. That is correct.
` Q. So is it correct to say that after -- well, let's
`take this in pieces because I'd like to understand the
`process through which the exhibits were prepared.
` MR. GARDELLA: And I presume, Counsel, you
`don't have any issues with me at least implicitly
`referencing some of the circumstances we discussed during
`the break?
` MR. HALL: No, as long as you don't ask him
`for privileged communication.
` MR. GARDELLA: Understood.
` Q. (BY MR. GARDELLA) So let's take this piece by
`piece. Your attorneys collected the documents and
`assembled them into exhibits in the first instance.
`Correct?
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`TSG Reporting - Worldwide 877-702-9580
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`Oracle Ex. 1222, pg. 17
`Oracle, et al. vs. Crossroads
`IPR2014-01209
`(CONFIDENTIAL)
`
`
`
`Page 232
`B. BIANCHI-7/9/2015-CONFIDENTIAL PROTECTIVE ORDER MATERIAL
` A. Yes.
` Q. And those exhibits were presented to you?
` A. Yes.
` Q. And after being presented with those exhibits,
`you then attempted to find the corresponding documents in
`Crossroads' network file system or network drive?
` A. Correct.
` Q. Did you do that for each and every exhibit
`referenced in Paragraph 2?
` A. Yes, I did.
` Q. And when I reference "Paragraph 2" in this line
`of questions, you understand that I'm referring to
`Paragraph 2 of Exhibit 2324. Correct?
` A. Correct.
` Q. So for each and every one of the exhibits
`referenced in Paragraph 2, you personally, after being
`presented with the exhibits, found a corresponding
`document in Crossroads' files?
` A. I did.
` Q. Did you conduct a page-by-page comparison of each
`document?
` A. Some of them, yes.
` Q. But not all of them?
` A. I don't recall.
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`Oracle Ex. 1222, pg. 18
`Oracle, et al. vs. Crossroads
`IPR2014-01209
`(CONFIDENTIAL)
`
`
`
`Page 233
`B. BIANCHI-7/9/2015-CONFIDENTIAL PROTECTIVE ORDER MATERIAL
` Q. Can you tell us here today which of the exhibits
`referenced in Paragraph 2 you actually checked on a
`page-by-page basis to ensure that the document on
`Crossroads' network drive corresponded exactly to the
`document that was furnished to you by the lawyers?
` A. I cannot.
` Q. Did you perform any word-by-word comparison
`between the documents that were furnished to you by your
`lawyers and the documents that you found on Crossroads'
`network drive?
` MR. HALL: Objection; form.
` A. I don't recall.
` Q. (BY MR. GARDELLA) So is it fair to say that you
`are unable to testify that you did any word-by-word
`comparison between the documents presented to you by your
`lawyers on the one hand and the documents on the
`crossword -- Crossroads' network drive on the other hand
`to determine the accuracy of the content of the documents
`which are included as exhibits referenced in your
`Paragraph 2?
` MR. HALL: Objection; form.
` THE WITNESS: Could you reread the question?
` (The requested material was read.)
` A. I don't recall whether I did a word-by-word
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`Oracle Ex. 1222, pg. 19
`Oracle, et al. vs. Crossroads
`IPR2014-01209
`(CONFIDENTIAL)
`
`
`
`Page 234
`B. BIANCHI-7/9/2015-CONFIDENTIAL PROTECTIVE ORDER MATERIAL
`comparison.
` Q. (BY MR. GARDELLA) So is it not fair to say that
`you're unable to testify that you did such a comparison?
` MR. HALL: Objection; form.
` A. I'm stuck on the words "word-by-word." I don't
`recall.
` Q. (BY MR. GARDELLA) Did you ensure with respect to
`each of the documents contained in the exhibits referenced
`in Paragraph 2 of your declaration, that each of those
`documents was complete and that no pages or portions were
`missing or omitted?
` A. I did.
` Q. Did you conduct a page-by-page comparison to
`ensure that there were no materials added, for instance,
`marginalia, relative to the versions that existed on
`Crossroads' network drive?
` MR. HALL: Objection; form.
` A. I did.
` Q. (BY MR. GARDELLA) So taking Exhibit 2307 as an
`example, is it your testimony that for that specific
`document, you reviewed it page by page and confirmed that
`there were no omissions or additions relative to the
`version of that document that exists on Crossroads'
`server?
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`Oracle Ex. 1222, pg. 20
`Oracle, et al. vs. Crossroads
`IPR2014-01209
`(CONFIDENTIAL)
`
`
`
`Page 235
`B. BIANCHI-7/9/2015-CONFIDENTIAL PROTECTIVE ORDER MATERIAL
` A. From a page-by-page perspective, yeah.
` Q. What do you mean?
` A. There were changes, i.e., the attorneys' eyes,
`the Bates numbers and other things, between the two
`documents that we discussed before.
` Q. And did you perform that same process for each
`and every exhibit referenced in Paragraph 2?
` A. I did.
` Q. Can you specifically recall seeing any of the
`documents referenced in Paragraph 2 prior to your work on
`the declaration that is Exhibit 2324?
` MR. HALL: Objection; relevance.
` A. It's possible. I don't recall.
` Q. (BY MR. GARDELLA) So you can't specifically
`recall?
` A. I can't specifically recall, no.
` Q. Do you specifically recall having a discussion
`with anyone at Crossroads about any of the documents
`referenced in Paragraph 2 prior to your work in connection
`with this declaration --
` MR. HALL: Objection --
` Q. (BY MR. GARDELLA) -- that is Exhibit 2324?
` MR. HALL: Objection; relevance.
` A. Not that I recall.
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`Oracle Ex. 1222, pg. 21
`Oracle, et al. vs. Crossroads
`IPR2014-01209
`(CONFIDENTIAL)
`
`
`
`Page 236
`B. BIANCHI-7/9/2015-CONFIDENTIAL PROTECTIVE ORDER MATERIAL
` Q. (BY MR. GARDELLA) Do you know what a "document
`custodian" is?
` A. I have a general idea based on the words.
` Q. What's your understanding of what a "document
`custodian" is?
` A. One responsible for maintaining documents.
` Q. Taking Exhibit 2307 as an example, were you, at
`any time prior to your work on your declaration, the
`custodian of that document?
` MR. HALL: Objection; asked and answered.
` A. As I stated before, I managed the IT organization
`who's responsible for maintaining and backing up our
`network and our data on our computers.
` Q. (BY MR. GARDELLA) You would agree, wouldn't you,
`that that is merely a portion of what is involved in
`maintaining and storing a document. Correct?
` MR. HALL: Objection; form, assumes facts
`not in evidence.
` A. I'm not sure what's missing.
` Q. (BY MR. GARDELLA) Mustn't an author or a creator
`of a document generate a document and then store it on the
`network drive?
` A. Yes.
` Q. And you had no involvement with any of those
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`Oracle Ex. 1222, pg. 22
`Oracle, et al. vs. Crossroads
`IPR2014-01209
`(CONFIDENTIAL)
`
`
`
`Page 237
`B. BIANCHI-7/9/2015-CONFIDENTIAL PROTECTIVE ORDER MATERIAL
`activities with respect to the documents referenced in
`Paragraph 2. Correct?
` A. I believe I already stated I had -- that I did
`not.
` Q. And, similarly, you would have no basis to know
`whether anyone went onto the network drive and modified
`the document?
` A. I do have some understanding of that, that that
`did not occur.
` Q. How do you know that?
` A. By looking at the file system dates, the modified
`date on the file system, as well as within the documents
`themselves.
` Q. So other than the last modified date and any
`metadata attached to the actual soft files, do you have
`any basis to know how the documents were modified, by whom
`or when?
` MR. HALL: Objection; form, assumes facts
`not in evidence.
` A. Depends on the document.
` Q. (BY MR. GARDELLA) Please explain.
` A. Some of them were PowerPoint files so they were
`modified using PowerPoint. So I know that based on the
`type of file they were -- they -- they are.
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`Oracle Ex. 1222, pg. 23
`Oracle, et al. vs. Crossroads
`IPR2014-01209
`(CONFIDENTIAL)
`
`
`
`Page 238
`B. BIANCHI-7/9/2015-CONFIDENTIAL PROTECTIVE ORDER MATERIAL
` Q. So other than relying upon the data embedded in
`the file, for instance in the form of metadata, how would
`you know how a PowerPoint file was modified, by whom or
`when?
` A. When it's stored in the file, who is the owner at
`least, who created the file.
` Q. So is it fair to say that in preparing your
`declaration, you had to rely for this information solely
`on whatever information is contained in the electronic
`files stored on Crossroads' network drive at the time you
`accessed them?
` MR. HALL: Objection; form, misstates prior
`testimony.
` A. That's correct.
` Q. (BY MR. GARDELLA) Bear with me one moment.
` So we discussed how you were presented with the
`exhibits and thereafter you accessed each of the documents
`in Crossroads' network drive. Correct?
` A. Correct.
` Q. When you accessed the documents referenced in
`Paragraph 2, did you consider for any of the documents
`whether the date and author data shown by the file system
`matched the intrinsic data in the document itself?
` MR. HALL: Objection; form.
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`Oracle Ex. 1222, pg. 24
`Oracle, et al. vs. Crossroads
`IPR2014-01209
`(CONFIDENTIAL)
`
`
`
`Page 239
`B. BIANCHI-7/9/2015-CONFIDENTIAL PROTECTIVE ORDER MATERIAL
` A. I did not see anything unusual between the two.
` Q. (BY MR. GARDELLA) Okay.
` MR. GARDELLA: Could you read the question
`back, please?
` (The requested material was read.)
` Q. (BY MR. GARDELLA) So the question is whether you
`considered this issue with respect to any individual
`document referenced in Paragraph 2.
` MR. HALL: Objection; form.
` A. Where appropriate, I did, yes.
` Q. (BY MR. GARDELLA) Please explain.
` A. Some applications are clear who created them, and
`it would match who was on the main title on the document.
`Others are created by applications which would not have an
`owner that would be able to correlate to who actually did
`the creation.
` Q. So returning to Exhibit 2307 as an example, is it
`your testimony that when you accessed the files on the
`network server, you specifically confirmed that the author
`and date information associated with what appears to be a
`PowerPoint file matched the corresponding file system
`information?
` MR. HALL: Objection; form.
` A. I don't recall this document specifically.
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`Oracle Ex. 1222, pg. 25
`Oracle, et al. vs. Crossroads
`IPR2014-01209
`(CONFIDENTIAL)
`
`
`
`Page 240
`B. BIANCHI-7/9/2015-CONFIDENTIAL PROTECTIVE ORDER MATERIAL
` Q. (BY MR. GARDELLA) Okay. Is there any document
`amongst those referenced in Paragraph 2 of your
`declaration that you recall performing such activities
`with respect to?
` MR. HALL: Objection; form.
` Q. (BY MR. GARDELLA) Let me try that again. Is
`there any document amongst those referenced in Paragraph 2
`for which you did such a comparison?
` MR. HALL: Objection; form.
` A. There is.
` Q. (BY MR. GARDELLA) Can you specifically identify
`which of the documents referenced in Paragraph 2 you did
`such a comparison for?
` A. I cannot.
` Q. Can you identify sitting here even a single
`document listed in Paragraph 2 for which you did such a
`comparison?
` A. I cannot.
` Q. So we're going to move on to a different topic.
` A. Okay.
` Q. I'm going to read you a question and answer from
`yesterday's discussion. Then I just want to clarify your
`answer to it.
` Question, "Do you have any direct" -- strike
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`Oracle Ex. 1222, pg.
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