Page 1
`
` IN THE UNITED STATES DISTRICT COURT
`
` FOR THE DISTRICT OF MARYLAND
`
` BALTIMORE DIVISION
`
`PAICE, LLC and
`
`THE ABELL FOUNDATION, INC.,
`
` Plaintiffs,
`
` Case 1:14-cv-00492-WDQ
`
`vs.
`
`FORD MOTOR COMPANY,
`
` Defendant.
`
`__________________________/
`
` DEPOSITION OF GREGORY W. DAVIS, Ph.D.
`
` Southfield, Michigan
`
` Tuesday, January 13, 2015
`
`REPORTED BY:
`
`Paula S. Raskin, CSR-4757
`
`Ref. No. 13176
`
`TransPerfect Legal Solutions
`depo@transperfect.com -- 212.400.8845
`
`1
`
`PAICE 2108
`Ford v. Paice & Abell
`IPR2014-01415
`
`
`
` IN THE UNITED STATES DISTRICT COURT
`
` FOR THE DISTRICT OF MARYLAND
`
` BALTIMORE DIVISION
`
`PAICE, LLC and
`
`THE ABELL FOUNDATION, INC.,
`
` Plaintiffs,
`
` Case 1:14-cv-00492-WDQ
`
`vs.
`
`FORD MOTOR COMPANY,
`
` Defendant.
`
`__________________________/
`
` DEPOSITION OF GREGORY W. DAVIS, Ph.D.
`
` Southfield, Michigan
`
` Tuesday, January 13, 2015
`
`REPORTED BY:
`
`Paula S. Raskin, CSR-4757
`
`Ref. No. 13176
`
`TransPerfect Legal Solutions
`depo@transperfect.com -- 212.400.8845
`
`1
`
`PAICE 2108
`Ford v. Paice & Abell
`IPR2014-01415
`
`
`
`Page 2
`
` January 13, 2015
` 9:02 A.M.
`
`DEPOSITION OF GREGORY W. DAVIS, Ph.D., taken on
`
`January 13, 2015 by the Plaintiffs at the Law
`
`Offices of Brooks Kushman, 1000 Town Center,
`
`Southfield, Michigan, before Paula S. Raskin,
`
`Certified Shorthand Reporter and Notary Public
`
`in and for the State of Michigan, County of
`
`Oakland.
`
`1 2
`
`3 4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`TransPerfect Legal Solutions
`depo@transperfect.com -- 212.400.8845
`
`2
`
`
`
`Page 3
`
` A P P E A R A N C E S:
`
`FOR THE PLAINTIFFS:
`
` FISH & RICHARDSON
`
` BY: RUFFIN B. CORDELL
`
` W. PETER GUARNIERI
`
` 1425 K Street NW, 11th Floor
`
` Washington, DC 20005
`
` (202) 783-5070
`
` cordell@fr.com
`
` guarnieri@fr.com
`
`FOR THE DEFENDANT:
`
` BROOKS KUSHMAN, PC
`
` BY: FRANK A. ANGILERI
`
` ERIN KAY BOWLES
`
` JOHN P. RONDINI
`
` 1000 Town Center, Floor 22
`
` Southfield, Michigan 48075
`
` (248) 358-4400
`
` fangileri@brookskushman.com
`
` ebowles@brookskushman.com
`
` jrondini@brookskushman.com
`
`1
`
`2 3
`
`4 5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`TransPerfect Legal Solutions
`depo@transperfect.com -- 212.400.8845
`
`3
`
`
`
`Page 4
`
` APPEARANCES, CONTINUED:
`
`FOR THE DEFENDANT:
`
` LATHAM & WATKINS, LLP
`
` BY: AARON PEREZ-DAPLE
`
` 330 North Wabash Avenue, Suite 2800
`
` Chicago, Illinois 60611
`
` (312) 876-7602
`
` aaron.perez-daple@lw.com
`
`ALSO PRESENT:
`
` Frances M. Keenan, PAICE LLC
`
`1
`
`2 3
`
`4 5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`TransPerfect Legal Solutions
`depo@transperfect.com -- 212.400.8845
`
`4
`
`
`
` INDEX TO EXAMINATIONS
`
`Page 5
`
` Witness Page
`
`GREGORY W. DAVIS, Ph.D.
`
`EXAMINATION BY MR. CORDELL: 10
`
` INDEX TO EXHIBITS
`
`Exhibit Page
`
` (Exhibits attached to transcript.)
`
`EXHIBIT 1 - Declaration of Dr. Gregory W. 10
`
` Davis in Support of Inter Partes
`
` Review - Patent No. 7,104,347
`
`EXHIBIT 2 - Declaration of Dr. Gregory W. 11
`
` Davis in Support of Inter Partes
`
` Review - Patent No. 7,104,347
`
`EXHIBIT 3 - Davis Curriculum Vitae 14
`
`EXHIBIT 4 - Patent 7,104,347 B2 43
`
`EXHIBIT 5 - Patent 5,343,970 122
`
`EXHIBIT 6 - Patent 5,586,613 185
`
`TransPerfect Legal Solutions
`depo@transperfect.com -- 212.400.8845
`
`1
`
`2 3
`
`4
`
`5
`
`6 7
`
`8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`5
`
`
`
`Page 6
`
`EXHIBIT 7 - "Computer Modelling of the 203
`
` Automotive Energy Requirements
`
` for Internal Combustion Engine
`
` and Battery Electric-Powered
`
` Vehicles"
`
`EXHIBIT 8 - "Optimisation and Control of a 204
`
` Hybrid Electric Car"
`
`EXHIBIT 9 - "A Hybrid Internal Combustion 204
`
` Engine/Battery Electric Passenger
`
` Car for Petroleum displacement"
`
`EXHIBIT 10- "A Test-Bed Facility for Hybrid 206
`
` IC-Engine/Battery-Electric Road
`
` Vehicle Drive Trains"
`
`EXHIBIT 11- "Integrated Microprocessor 206
`
` Control of a Hybrid I.C.
`
` Engine/Battery-Electric
`
` Automotive Power Train"
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`TransPerfect Legal Solutions
`depo@transperfect.com -- 212.400.8845
`
`6
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`Page 7
`
` P R O C E E D I N G S
`
` Southfield, Michigan
`
` January 13, 2015
`
` 9:02 a.m.
`
` * * * *
`
` GREGORY W. DAVIS, Ph.D.,
`
` having been called as a witness herein, was
`
` first duly sworn, examined, and testified as
`
` follows: 09:02:31
`
` MR. CORDELL: Ruffin Cordell and 09:02:31
`
` Pete Guarnieri from Fish & Richardson on 09:02:35
`
` behalf of PAICE, and with us is the 09:02:36
`
` chairman of PAICE, Frances Keenan. 09:02:38
`
` MR. ANGILERI: Frank Angileri for 09:02:41
`
` Ford, and in the room are John Rondini, 09:02:45
`
` Erin Bowles and Aaron Perez-Daple. 09:02:45
`
` MR. CORDELL: Good morning, 09:02:50
`
` Dr. Davis. 09:02:51
`
` THE WITNESS: Good morning. 09:02:52
`
` MR. CORDELL: My name is Ruffin 09:02:52
`
` Cordell. We just met this morning. Did 09:02:55
`
` you understand I represent PAICE? 09:02:55
`
` THE WITNESS: Yes, I do. 09:02:55
`
` MR. CORDELL: Is there any reason 09:02:57
`
` why you can't testify completely and 09:02:58
`
`TransPerfect Legal Solutions
`depo@transperfect.com -- 212.400.8845
`
`7
`
`
`
`Page 8
`
` truthfully here today? 09:03:00
`
` THE WITNESS: No. 09:03:00
`
` MR. CORDELL: Could you give us your 09:03:02
`
` full name and address for the record. 09:03:03
`
` THE WITNESS: Sure. It's 09:03:06
`
` Dr. Gregory W. Davis, and I live in 09:03:07
`
` Frankenmuth, Michigan, 143 Clarmarc Drive, 09:03:11
`
` C-L-A-R-M-A-R-C, and the zip code is 48734. 09:03:16
`
` MR. CORDELL: And you've been 09:03:24
`
` deposed before? 09:03:24
`
` THE WITNESS: Yes, I have. 09:03:26
`
` MR. CORDELL: How many times? 09:03:27
`
` THE WITNESS: I don't know. 09:03:28
`
` MR. CORDELL: Over a dozen? 09:03:31
`
` THE WITNESS: Probably not. 09:03:34
`
` MR. CORDELL: You know that I'm 09:03:35
`
` going to ask you a series of questions, 09:03:36
`
` right? 09:03:38
`
` THE WITNESS: Yes. 09:03:38
`
` MR. CORDELL: And I'm going to 09:03:38
`
` presume that you understand my question 09:03:39
`
` unless you ask for clarification. Is that 09:03:41
`
` fair? 09:03:43
`
` THE WITNESS: Fair. 09:03:44
`
` MR. CORDELL: And if -- from time to 09:03:45
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`TransPerfect Legal Solutions
`depo@transperfect.com -- 212.400.8845
`
`8
`
`
`
`Page 9
`
` time, Mr. Angileri may interpose an 09:03:50
`
` objection. Unless he asks you not to 09:03:53
`
` answer the question, you know you're 09:03:55
`
` supposed to go ahead and answer it, 09:03:57
`
` correct? 09:03:57
`
` THE WITNESS: Correct. 09:03:57
`
` MR. CORDELL: Okay. Good. 09:04:00
`
` MR. ANGILERI: Mr. Cordell, before 09:04:01
`
` we start, which deposition are you doing? 09:04:03
`
` Because you guys noticed them both for 09:04:04
`
` today. 09:04:06
`
` MR. CORDELL: I plan on marking both 09:04:07
`
` of the declarations, and then we'll see how 09:04:08
`
` far we get. 09:04:13
`
` MR. ANGILERI: You can mark them 09:04:13
`
` both, but I want to proceed one at a time, 09:04:14
`
` because if I'm going to make a relevance 09:04:18
`
` objection, it needs to be in context. 09:04:21
`
` MR. CORDELL: I'm not sure those are 09:04:23
`
` appropriate in any context, but make 09:04:23
`
` whatever objections you feel like you need 09:04:23
`
` to. I'll try to make sure that I'm in 09:04:23
`
` context. But the issues overlap, so I 09:04:28
`
` don't think you can divide them that way. 09:04:31
`
` MR. ANGILERI: I think you can. 09:04:32
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`TransPerfect Legal Solutions
`depo@transperfect.com -- 212.400.8845
`
`9
`
`
`
`Page 10
`
` They're two separate proceedings. 09:04:34
`
` MR. CORDELL: You make your 09:04:36
`
` objections, I'll ask my questions. 09:04:37
`
` MR. ANGILERI: Well, which 09:04:39
`
` proceeding are you here for? 09:04:39
`
` MR. CORDELL: Well, we are here for 09:04:41
`
` IPR 2014-00571 and 2014-00579. I will 09:04:44
`
` begin with 571, if that helps you. 09:04:50
`
` MR. ANGILERI: Then I'll consider 09:04:53
`
` this a 571 deposition. 09:04:55
`
` MR. CORDELL: Again, I'm not going 09:04:56
`
` to agree that anything -- well, I not going 09:04:58
`
` to agree that that limitation prevents us 09:05:03
`
` from using questions that you consider to 09:05:05
`
` be appropriate to 571 in the 579 09:05:08
`
` proceeding. 09:05:13
`
` (DEPOSITION EXHIBIT 1 MARKED 09:05:13
`
` FOR IDENTIFICATION) 09:05:13
`
` EXAMINATION 09:05:13
`
` BY MR. CORDELL: 09:05:13
`
` Q. And with that, Dr. Davis, let me 09:05:14
`
` hand you what we've marked as Davis Exhibit 1, 09:05:16
`
` which for the record is the "Declaration of 09:05:19
`
` Dr. Gregory W. Davis in Support of Inter Partes 09:05:21
`
` Review Under," et cetera, but it's marked Ford 09:05:28
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`TransPerfect Legal Solutions
`depo@transperfect.com -- 212.400.8845
`
`10
`
`
`
`Page 11
`
` Exhibit 1005, and it's for IPR Case Number 09:05:32
`
` IPR2014-00571. 09:05:36
`
` Is this your declaration, Dr. Davis? 09:05:42
`
` A. It appears to be, without any of the 09:06:42
`
` attachments. 09:06:44
`
` (DEPOSITION EXHIBIT 2 MARKED 09:06:44
`
` FOR IDENTIFICATION) 09:06:46
`
` Q. Okay. Now let me hand you what 09:06:46
`
` we've marked as Davis Exhibit 2, which is also 09:06:48
`
` entitled the "Declaration of Dr. Gregory Davis 09:06:51
`
` in Support of Inter Partes Review," et cetera, 09:06:54
`
` and it is marked Ford Exhibit 1108 for IPR Case 09:06:56
`
` Number IPR2014-00579. 09:07:02
`
` And, Dr. Davis, let me ask, is this 09:07:28
`
` the declaration you did in the 579 proceeding? 09:07:30
`
` A. It appears to be, again without any 09:08:11
`
` of the attachments. 09:08:14
`
` Q. Tell me how you put these 09:08:15
`
` declarations together. 09:08:17
`
` A. I'm not sure I understand your 09:08:22
`
` question. 09:08:23
`
` Q. How did you write these 09:08:24
`
` declarations? Did you sit in a room and write 09:08:26
`
` them? Did you have help? Was it a 09:08:28
`
` collaborative effort between you and the 09:08:32
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`TransPerfect Legal Solutions
`depo@transperfect.com -- 212.400.8845
`
`11
`
`
`
`Page 12
`
` attorneys from Brooks Kushman? How did it 09:08:35
`
` happen? 09:08:37
`
` A. Well, I drafted this declaration 09:08:37
`
` much in the same way I would any. I had other 09:08:39
`
` people do most of the typing. I'm not the best 09:08:44
`
` typist in the world. I reviewed obviously the 09:08:49
`
` patents, the prior art, formed my opinions, 09:08:54
`
` often would tell others this is what I want to 09:09:03
`
` say, this is how I want to type it, and we 09:09:06
`
` would type it together. So I did it much in 09:09:10
`
` the same way I would any declaration. 09:09:13
`
` Q. When were you first contacted about 09:09:18
`
` this case? 09:09:20
`
` A. I'm not sure. 09:09:21
`
` Q. Well, it had to be after October of 09:09:25
`
` 2013, right? 09:09:30
`
` A. I guess. I don't remember. 09:09:32
`
` Q. Who contacted you? 09:09:36
`
` A. I don't recall. Probably somebody 09:09:37
`
` from Brooks & Kushman. 09:09:40
`
` Q. But, suffice it to say, it was 09:09:44
`
` before April of 2014 when you signed these 09:09:45
`
` declarations. 09:09:48
`
` A. Certainly, yes. 09:09:48
`
` Q. About how much work went into 09:09:49
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`TransPerfect Legal Solutions
`depo@transperfect.com -- 212.400.8845
`
`12
`
`
`
`Page 13
`
` putting the declarations together? 09:09:52
`
` A. I spent a lot of time on these. 09:09:53
`
` Q. How much? 09:09:55
`
` A. I can't put a number on it. 09:09:58
`
` Q. Two weeks? 09:10:01
`
` A. Remember, you have to understand, 09:10:04
`
` first of all, I have a day job too, so that 09:10:06
`
` these things take a lot longer. But I spent 09:10:08
`
` a -- much more than two weeks certainly. 09:10:12
`
` Q. More than a month? 09:10:15
`
` A. Yeah. 09:10:23
`
` Q. More than two months? 09:10:24
`
` A. Again, I don't know. I can't give 09:10:25
`
` you any specific dates, but I spent quite an 09:10:28
`
` amount of time. I don't remember all the 09:10:33
`
` details. 09:10:34
`
` Q. Have you ever worked with Ford 09:10:35
`
` before these two IPR proceedings? 09:10:40
`
` A. I'm not sure I understand. 09:10:43
`
` Q. Have you ever been a Ford employee? 09:10:45
`
` A. No. 09:10:51
`
` Q. Have you ever done a contract with 09:10:51
`
` Ford, contract work for Ford? 09:10:53
`
` A. Not that I believe, no. 09:10:56
`
` Q. Have you ever had any research 09:11:02
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`TransPerfect Legal Solutions
`depo@transperfect.com -- 212.400.8845
`
`13
`
`
`
`Page 14
`
` funded by Ford? 09:11:04
`
` A. Yes. I've had engines donated to my 09:11:09
`
` lab facilities, things like that. 09:11:12
`
` Q. Which lab? 09:11:14
`
` A. My advanced engine research lab up 09:11:15
`
` at Kettering University. 09:11:19
`
` Q. Does Ford get along with Kettering 09:11:20
`
` okay, despite its GM roots? 09:11:23
`
` A. Yes. 09:11:23
`
` Q. And aside from having engines 09:11:28
`
` donated, can you think of any other instance in 09:11:32
`
` which you've received any kind of financial 09:11:34
`
` support from Ford outside of this case? 09:11:38
`
` A. I've done another inter partes 09:11:40
`
` review in another case. 09:11:48
`
` Q. Okay. Describe that for me. 09:11:51
`
` A. It was regarding fuel pump 09:11:53
`
` technology. 09:11:56
`
` Q. Which case was that? 09:11:57
`
` A. I don't know the number or anything. 09:11:59
`
` Q. I'm going to mark as Davis Exhibit 3 09:12:07
`
` a copy of your CV, which is Ford Exhibit 1015. 09:12:09
`
` (DEPOSITION EXHIBIT 3 MARKED 09:12:06
`
` FOR IDENTIFICATION) 09:12:25
`
` A. Thank you. 09:12:25
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`TransPerfect Legal Solutions
`depo@transperfect.com -- 212.400.8845
`
`14
`
`
`
`Page 15
`
` Q. So what we've marked as Davis 09:12:29
`
` Exhibit 3 is in fact your current CV? 09:12:32
`
` A. It appears to be. 09:13:00
`
` Q. I note that you don't include 09:13:02
`
` litigation that you've been involved with on 09:13:05
`
` your CV. Can you describe for us the 09:13:07
`
` litigation you've had for the last five years, 09:13:11
`
` that you've been involved with for the last 09:13:15
`
` five years? 09:13:17
`
` A. I don't believe that's true. 09:13:17
`
` Q. Maybe I missed it. Where do you see 09:13:20
`
` it? 09:13:23
`
` Oh, there it is. You're right. 09:13:24
`
` It's in the middle of the document. 09:13:26
`
` So which of these cases involved 09:13:28
`
` Ford, if any? 09:13:32
`
` A. I forgot about this one. There's a 09:13:50
`
` case here where I represented Ford in the 09:13:53
`
` International Trade Commission. 09:13:57
`
` Q. In fact, you were adverse to 09:13:58
`
` Dr. Stein in the case, right? 09:14:02
`
` A. I don't remember that. I'm not sure 09:14:07
`
` that is true. 09:14:08
`
` Q. You don't recall Dr. Jeffrey Stein 09:14:10
`
` being on the other side of that case? 09:14:12
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`TransPerfect Legal Solutions
`depo@transperfect.com -- 212.400.8845
`
`15
`
`
`
`Page 16
`
` A. I don't recall. 09:14:15
`
` Q. Which side won that case? Do you 09:14:16
`
` recall? 09:14:19
`
` A. No. 09:14:19
`
` Q. You have no recollection of 09:14:21
`
` reviewing any of Dr. Stein's work in any case? 09:14:28
`
` A. I do believe Dr. Stein was 09:14:33
`
` representing or one of the experts on the other 09:14:39
`
` side in a case I did a number of years ago. 09:14:41
`
` Q. Which one was that? 09:14:46
`
` A. I'm not sure. 09:14:47
`
` Q. So I don't see any IPRs listed in 09:14:53
`
` the legal proceedings section. Is there one 09:14:59
`
` that you can recall where you assisted Ford? 09:15:04
`
` A. Again, I -- when I put this 09:15:08
`
` together, I believe I hadn't provided any 09:15:14
`
` testimony with regards to the IPR that I did 09:15:16
`
` with Ford. 09:15:20
`
` Q. Okay. And do you know who the other 09:15:22
`
` party is in that IPR? 09:15:24
`
` A. I'm not sure, but I believe it's 09:15:31
`
` TMC. 09:15:33
`
` Q. And what is the subject matter of 09:15:35
`
` the Ford-TMC IPR? 09:15:39
`
` A. Again, it involves fuel pumps. 09:15:42
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`TransPerfect Legal Solutions
`depo@transperfect.com -- 212.400.8845
`
`16
`
`
`
`Page 17
`
` Q. And is Ford or TMC the patentee? 09:15:46
`
` A. TMC I believe is the patentee. 09:15:54
`
` Q. Have you done a declaration in that 09:15:59
`
` case? 09:16:02
`
` A. Yes, I have. 09:16:02
`
` Q. Have you been deposed? 09:16:03
`
` A. Yes, I was deposed. 09:16:04
`
` Q. When? 09:16:06
`
` A. I don't recall the exact date. 09:16:07
`
` Q. Well, was it within the last six 09:16:18
`
` months? 09:16:21
`
` A. Yes, that would be fair. I believe 09:16:21
`
` it was. 09:16:23
`
` Q. Sometime in the fall? 09:16:23
`
` A. Yeah, it would be sometime I believe 09:16:25
`
` in the fall. 09:16:27
`
` Q. And who are the lawyers 09:16:29
`
` representing -- 09:16:30
`
` A. I think so, but I'm not actually a 09:16:31
`
` hundred percent sure on that, but I think it 09:16:33
`
` was in the fall. 09:16:35
`
` Q. Sometime in the back half of 2014? 09:16:35
`
` A. That sounds correct. 09:16:37
`
` Q. Really very few depositions in IPRs 09:16:40
`
` happen before that, so that's why -- 09:16:43
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`TransPerfect Legal Solutions
`depo@transperfect.com -- 212.400.8845
`
`17
`
`
`
`Page 18
`
` A. Okay. 09:16:45
`
` Q. And who are the lawyers representing 09:16:46
`
` TMC in that case? 09:16:51
`
` A. Representing TMC? 09:16:53
`
` Q. Uh-huh. 09:16:54
`
` A. I don't recall. 09:16:55
`
` Q. Who took your deposition? 09:16:57
`
` A. I don't recall. 09:16:58
`
` Q. Do you recall the prior art that you 09:17:08
`
` relied on for your declaration in the TMC-Ford 09:17:10
`
` matter? 09:17:13
`
` A. Not really. 09:17:15
`
` Q. Well, what do you remember about it? 09:17:17
`
` A. I just remember it involving fuel 09:17:20
`
` pumps. I mean... 09:17:24
`
` Q. Did you go out and find the prior 09:17:26
`
` art, or did they give it to you? 09:17:31
`
` A. I think in some cases I directed 09:17:33
`
` some testing, and I really don't recall any of 09:17:35
`
` the specific details on that. 09:17:40
`
` Q. So let's get back to this 09:17:42
`
` proceeding. When you were contacted by Brooks 09:17:46
`
` Kushman, were you told that they wanted you to 09:17:49
`
` do a declaration for one IPR or two IPRs or 09:17:53
`
` something else? 09:17:58
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`TransPerfect Legal Solutions
`depo@transperfect.com -- 212.400.8845
`
`18
`
`
`
`Page 19
`
` MR. ANGILERI: Objection, pretty 09:17:58
`
` much instruct you not to answer. 09:18:00
`
` BY MR. CORDELL: 09:18:04
`
` Q. Do you have an engagement letter 09:18:08
`
` with Brooks Kushman? 09:18:09
`
` A. I don't -- I'm not sure if it's with 09:18:15
`
` Brooks Kushman or Ford or -- I -- I'm not sure. 09:18:17
`
` I'm sure I've signed something. 09:18:21
`
` Q. You say in your -- you say in your 09:18:24
`
` report that -- or your declaration that you're 09:18:28
`
` being paid at a rate of $315 an hour. Is that 09:18:30
`
` right? 09:18:35
`
` A. That sounds correct. 09:18:35
`
` Q. Do you know Dr. Stein's at 425? 09:18:36
`
` A. I guess I need to raise my rates. 09:18:39
`
` Q. Just saying. And you have some kind 09:18:42
`
` of an agreement you believe with either Ford or 09:18:47
`
` Brooks Kushman? 09:18:50
`
` A. Yeah. I'm sure I've signed, you 09:18:53
`
` know, some sort of a contract. 09:18:56
`
` Q. Okay. So did you decide that you 09:18:59
`
` should -- well, so the declaration we've got 09:19:02
`
` marked as Exhibit 1 is with respect to the 09:19:07
`
` PAICE '347 patent, correct? 09:19:11
`
` A. That is correct. 09:19:15
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`TransPerfect Legal Solutions
`depo@transperfect.com -- 212.400.8845
`
`19
`
`
`
`Page 20
`
` Q. And the declaration that we marked 09:19:15
`
` as Exhibit 2 is also with respect to the PAICE 09:19:17
`
` '347 patent, correct? 09:19:24
`
` A. Correct. 09:19:25
`
` Q. Why did you do two declarations 09:19:25
`
` instead of just one? 09:19:27
`
` A. I was asked to do that. 09:19:28
`
` Q. By who? 09:19:30
`
` A. I'm sure the attorneys. 09:19:31
`
` Q. Well, you just do whatever they ask 09:19:33
`
` you to do? 09:19:37
`
` A. Certainly not. 09:19:38
`
` Q. So why two instead of just one? 09:19:38
`
` A. I don't know if there's some 09:19:40
`
` procedural details. I'm not a patent lawyer, 09:19:43
`
` but I was asked to, you know, compare prior art 09:19:46
`
` with one and then do it for a second one. 09:19:50
`
` Q. So in comparing the two 09:19:53
`
` declarations, I notice that they're pretty much 09:19:56
`
` identical up through Paragraph 171. Is that 09:20:00
`
` your understanding? 09:20:03
`
` A. I'd have to look at it. 09:20:04
`
` Q. Well, can you point out any 09:20:08
`
` differences between the two declarations before 09:20:10
`
` we get to Paragraph 171. 09:20:13
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`TransPerfect Legal Solutions
`depo@transperfect.com -- 212.400.8845
`
`20
`
`
`
`Page 21
`
` You said earlier that you wrote the 09:20:16
`
` declarations, right? 09:20:38
`
` A. Correct. 09:20:39
`
` Q. Did you cut and paste from one into 09:20:43
`
` the other? Is that how you created it? 09:20:45
`
` A. Again, I would often have others do 09:20:47
`
` some of the cut and paste. As you pointed out, 09:20:51
`
` I make a fair amount per hour. I think it 09:20:55
`
` would be crazy for Ford or somebody to pay me 09:20:57
`
` to do lots of typing and things like that, but 09:21:03
`
` this is my work. 09:21:05
`
` Q. Who was it that assisted you with 09:21:05
`
` the typing? 09:21:07
`
` A. I don't know. It's probably several 09:21:09
`
` attorneys at Brooks Kushman. 09:21:12
`
` Q. And who were they? 09:21:15
`
` A. I know Mr. Rondini. I'm really not 09:21:17
`
` sure all who would have been involved in some 09:21:25
`
` of the activities, at cleaning up things and 09:21:27
`
` making some of the particular details and some 09:21:33
`
` of the figures that I had people do. 09:21:37
`
` Q. Well, do you know anybody who did 09:21:41
`
` some of the details or cleaned up the figures 09:21:44
`
` other than Mr. Rondini? 09:21:47
`
` A. Probably Ms. Bowles, but I'm not 09:21:51
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`TransPerfect Legal Solutions
`depo@transperfect.com -- 212.400.8845
`
`21
`
`
`
`Page 22
`
` sure. 09:21:59
`
` Q. Why -- 09:21:59
`
` A. I focus a lot more on the work of 09:22:01
`
` the report. I'm not really concerned about 09:22:04
`
` who's handling some of these details of cutting 09:22:07
`
` and pasting and things like that. 09:22:10
`
` Q. Does it surprise you that you have 09:22:11
`
` that much identical between the two reports, 09:22:14
`
` 171 paragraphs? 09:22:16
`
` MR. ANGILERI: Objection as to 09:22:18
`
` foundation. 09:22:20
`
` Q. This is your work, correct, 09:22:22
`
` Dr. Davis? 09:22:23
`
` A. I'm inspecting it just to make sure 09:22:24
`
` it is actually. 09:22:27
`
` Q. But Mr. Angileri is objecting to 09:22:27
`
` foundation as if you don't know, so I'm just 09:22:34
`
` making sure that this is your work. 09:22:38
`
` MR. ANGILERI: Since you're 09:22:41
`
` challenging the objection, you asked him to 09:22:42
`
` tell you whether the first 171 paragraphs 09:22:44
`
` were the same, and then you just assumed it 09:22:46
`
` in your question. 09:22:49
`
` MR. CORDELL: Technically I asked 09:22:50
`
` him why are they the same, but... 09:22:51
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`TransPerfect Legal Solutions
`depo@transperfect.com -- 212.400.8845
`
`22
`
`
`
`Page 23
`
` MR. ANGILERI: Objection, form. I 09:23:23
`
` don't know what question is pending. 09:23:25
`
` A. I'm sorry, how far did you want me 09:27:30
`
` to look into this?
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
