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`14 AP :
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`FOR THE PLAINTIFF:
`16 Lee L. Kaplan
`SJYSER,
`IGAPLAN & VESELKA, LLP
`17 700 Louisiana, Suite 2300
`Houston, Texas 77002
`18 713.221.2300
`
`19
`
`Gregg F. LoCasCio
`20 HRKIAND & ELLIS LLP
`
`655 Fifteenth Street Northwest
`21 Washington, DC 20005
`202.879.5290
`
`22
`
`Sarah Tsou
`23 Timothy K. Gihnan
`KIRKLAND & ELLIS LLP
`24 Citigroup Center
`153 East 53rd Street
`25 New York, New York 10022
`212.446.6435
`
`Johnny C. Sanchez, RMR, CRR — jcscourtreporter@aol.com
`
`‘
`
`3
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`WESTERNGECO Exhibit 2156, pg. 1
`PGS V. WESTERNGECO
`IPR2014-01475
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT or TEXAS
`
`HOUSTON DIVISION
`
`09—CV—1827
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`Houston, Texas
`
`7:49 a.m.
`August 2, 2012
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`*
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`*-
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`k
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`*
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`WESTERNGECO LLC
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`5 VS.
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`ION GEOPHYSICAL
`CORPORATION, FUGRO
`GEOTEAM,
`INC., ET AL
`
`JURY TRIAL
`
`Volume 9
`
`Morning Session
`
`BEFORE THE HONORABLE KEITH P. ELLISON
`UNITED STATES DISTRICT JUDGE
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`1
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`2
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`3 4
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`6
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`7
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`8
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`WESTERNGECO Exhibit 2156, pg. 1
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`
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`Direct—Moffat/By Mr. Wade
`
`2842
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`technology on 2D vessels.
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`Q.
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`A.
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`Give us an example.
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`2D vessels we tend to use for exploration. One of
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`the areas where exploration is big right now is the
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`Arctic.
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`So there's a lot of 2D vessels going into the
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`Arctic,
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`the single streamers, working in ice conditions.
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`So we have a lot of specialized technology going in these
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`vessels.
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`1
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`2 3 O
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`D~JO\LN
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`Q.
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`How does your lateral steering assist in 2D surveys
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`10:38:03
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`10:38:16
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`10
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`in the Arctic?
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`11
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`12
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`13
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`A. Well,
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`I think we heard previously that icebergs are a
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`bit of a problem out there, and you know, having some
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`ability to steer your streamer is very, very useful.
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`14
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`Q.
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`Is that similar to the environment that Mr. Scoulios
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`10:38:27
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`15
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`16
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`17
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`talked about at the beginning of his case when they did
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`work on the OFFSHORE HORIZON where they had to snake a
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`single streamer through all the equipment being used out
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`18
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`there in the Gulf?
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`10:38:39
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`19
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`A.
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`20
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`Q.
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`I guess you could say it's very similar.
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`Let's take a look at an early business plan for the
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`21
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`23
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`24
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`DigiFIN system.
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`M. WADE:
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`I'd like to look at Trial Exhibit ——
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`Defendant's Trial Exhibit 125. Pull that up.
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`And, Mr. Carlock, if you could bring up
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`10:39:10
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`25 the top portion of the document, expand a little bit.
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`All
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`Johnny C. Sanchez, RMR, CRR — jcscourtreporter@aol.com
`
`WESTERNGECO Exhibit 2156, pg. 2
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`WESTERNGECO Exhibit 2156, pg. 2
`PGS v. WESTERNGECO
`IPR2014-01475
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`
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`Direct—Moffat/By Mr. Wade
`
`2843
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`1 right.
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`2 BY MR. WADE:
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`3 Q.
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`Exhibit 125 is titled "Business Plan."
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`See in the
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`10:39:25
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`4
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`5
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`left "Project DigiFIN. Originator: Clem Guillot.
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`Who is Mr. Guillot?
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`6 A.
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`Clem is the product service line manager, for our
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`7 positioning products.
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`8 Q.
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`Does he ultimately report to you?
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`9 A.
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`Yes, he does.
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`10:39:33
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`10 Q.
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`All right. And you see on the left, "Input/Output
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`11 Division, MISD."
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`12
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`Is that the marine imaging systems
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`13 division?
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`14 A.
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`Yes, it is.
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`10:39:41
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`15 Q.
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`And we have a date of 8-3-06?
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`16
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`A.
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`Correct.
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`17
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`18
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`19
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`MR. WADE:
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`Just to clarify a date issue, please
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`turn to the next page, if you would, Mr. Carlock, and go to
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`the upper right.
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`10:39:55
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`20
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`BY MR. WADE:
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`21
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`Q.
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`And we see in the upper right date, July 13,
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`'06.
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`22
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`You see that?
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`23
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`A.
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`Yes.
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`24
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`25
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`10:40:08
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`Q.
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`All right.
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`It's a little unclear what version of
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`this document is.
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`It's probably the August version.
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`Johnny C. Sanchez, RMR, CRR — jcscourtreporter@aol.com
`
`WESTERNGECO Exhibit 2156, pg. 3
`PGS V. WESTERNGECO
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`WESTERNGECO Exhibit 2156, pg. 3
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`
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`Direct~Moffa t/By Mr. Wade
`
`2844
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`But do you know what a living document is?
`
`\J03LN¢>LUPOF4
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`10:40:16
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`A.
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`Yes.
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`Q. What's a living document?
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`A. Well,
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`these typical —— these business plans are not
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`static documents. As we're developing the technology,
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`the
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`document gets upgraded when new information becomes
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`available. We may have to change direction anytime. We
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`may have new information.
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`So we have to react to that, so
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`9
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`these are live documents.
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`10:40:29
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`10
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`Q.
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`Okay. But these two dates are prior to the
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`ll
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`introduction of DigiFIN to the market?
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`12
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`A.
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`Yes.
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`13
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`Q.
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`All right. Let's take a look at the first paragraph,
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`10:40:41
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`14
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`15
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`16
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`the executive sumary.
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`Look at your business plan for
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`developing DigiFIN.
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`M. WADE: Blow up the first paragraph,
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`17
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`Mr. Carlock.
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`18
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`BY MR. WADE:
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`19
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`Q.
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`All right.
`
`Up in the first sentence, "DigiFIN
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`10:40:50
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`20
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`21
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`addresses the towed marine seismic data acquisition needs
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`for lateral controller streamers on all existing marine
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`22
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`seismic streamers."
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`23
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`24
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`25
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`10:41:11
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`And reading further right here, "DigiFIN
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`has been well received by customers that have seen the
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`presentation given after the Alpha test."
`
`Johnny C. Sanchez, RMR, CRR — jcscourtreporter@aol.com
`
`WESTERNGECO Exhibit 2156, pg. 4
`PGS V. WESTERNGECO
`IPRZO14-01475
`
`WESTERNGECO Exhibit 2156, pg. 4
`PGS v. WESTERNGECO
`IPR2014-01475