Page 1
`
` B. Evans
` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
` ____________________________
` PETROLEUM GEO-SERVICES INC.
` Petitioner
` v.
` WESTERNGECO LLC
` Patent Owner
` _____________________________
` Case No. IPR2014-01475, -01476, -01477, -91478
` Patent No. 7,162,520 B2
` Patent No. 7,162,967 B2
` Patent No. 7,080,607
` _____________________________
`
` DEPOSITION OF DR. BRIAN EVANS
` Washington, D.C.
` Volume One - July 9, 2015
`
`Reported by: Mary Ann Payonk
`Job No. 94681
`
`TSG Reporting - Worldwide
`(877) 702-9580
`
`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
`
`WESTERNGECO Exhibit 2051, pg. 1
`PGS v. WESTERNGECO
`IPR2014-01478
`
`

`
`Page 2
`
`Page 3
`
`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
`
`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
`
` B. Evans
`APPEARANCES:
`ON BEHALF OF PETITIONER:
` THOMAS FLETCHER, ESQUIRE
` JESSAMYN BERNIKER, ESQUIRE
` DAVID BERL, ESQUIRE
` CHRISTOPHER SUAREZ, ESQUIRE
` WILLIAMS & CONNOLLY
` 725 Twelfth Street, N.W.
` Washington, D.C. 20005
`
`ON BEHALF OF PATENT OWNER:
` MICHAEL KIKLIS, ESQUIRE
` CHRISTOPHER RICCIUTI, ESQUIRE
` KATHERINE CAPPAERT, ESQUIRE
` OBLON, McCLELLAND, MAIER & NEUSTADT
` 1940 Duke Street
` Alexandria, VA 22314
`
` SIMEON PAPACOSTAS, ESQUIRE
` KIRKLAND & ELLIS
` 300 North LaSalle
` Chicago, IL 60654
`
`Page 5
`
` B. Evans
` MS. BERNIKER: Jessamyn Berniker
` from Williams & Connolly. With me is
` Tom Fletcher and David Berl.
`BY MR. KIKLIS:
` Q. So before we get started, Dr. Evans,
`your counsel, Ms. Berniker, handed you a
`document. Have you ever seen this before?
` A. This one?
` Q. Yeah.
` A. Yes.
` Q. When did you see it?
` A. I saw it this morning.
` Q. Did you create this document? Sir,
`did you --
` A. I asked --
` Q. Did you --
` A. I asked for the -- for -- for
`something which would be applicable to the
`claims that I could understand, not being a
`legal guy. And this was produced this morning.
` Q. So you asked for a cheat sheet, in
`essence?
` MS. BERNIKER: Objection.
` A. I don't call it that. I -- I don't
`
` B. Evans
`
` July 9, 2015
` 9:04 a.m.
`
` Deposition of DR. BRIAN J. EVANS,
`Ph.D., Volume One, held at the offices of
`Williams & Connolly, 725 Twelfth Street, N.W.,
`Washington, D.C., pursuant to Notice before
`Mary Ann Payonk, Nationally Certified Realtime
`Reporter and Notary Public of the District of
`Columbia, Commonwealth of Virginia, and New
`York, CA-CSR No. 13431.
`
`1
`
`2345
`
`6
`
`78
`
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`Page 4
`
` B. Evans
`BRIAN J. EVANS, Ph.D.,
` called as a witness, having been duly
` sworn, was examined and testified as
` follows:
` EXAMINATION
`BY MR. KIKLIS:
` Q. Good morning, Dr. Evans.
` A. Good morning.
` Q. My name is Mike Kiklis. I'm from the
`Oblon firm, and I'll be asking you some
`questions today about the declarations that you
`have provided in a bunch of cases, three in
`particular.
` MS. BERNIKER: Could we do
` appearances, Mike?
` MR. KIKLIS: We can. I mean, she
` has all the information.
` THE REPORTER: If you want to go
` around the table, that's fine.
` MS. BERNIKER: That would be great.
` MR. KIKLIS: Sure. Mike Kiklis,
` Chris Ricciuti, Kate Cappaert from Oblon
` for WesternGeco. With us is -- what's
` your name again? Simeon Papacostas.
`
`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
`
`TSG Reporting - Worldwide
`(877) 702-9580
`
`2
`
`WESTERNGECO Exhibit 2051, pg. 2
`PGS v. WESTERNGECO
`IPR2014-01478
`
`

`
`Page 6
`
` B. Evans
`see it as that. It's to assist everyone, as I
`understand it, to understand what the claims
`are and what the -- the -- the -- the
`anticipated and obvious claims are.
`BY MR. KIKLIS:
` Q. Did you do anything to check the
`accuracy of this document?
` A. I understand it is accurate.
` Q. I -- I understand that you understand
`it's accurate, but my question was to you, sir,
`did you undertake any analysis to confirm that
`the information contained in the document that
`your counsel handed you at the beginning of
`this deposition was accurate?
` A. I understand that these -- these are
`claims made, I understand there are two phases
`of declarations by myself, and that these are
`the anticipated and obvious patents that I
`responded to in my declaration.
` Q. Again, you used the word
`"understand." Let me rephrase the question.
` For example, on page 1 of the
`document that Ms. Berniker handed to you, it
`says in the left-hand column "U.S. Patent
`
`Page 8
`
` B. Evans
` A. Well, firstly, they're not written;
`they're typed.
` Q. This is going to be a long day if
`we're going to quibble over words like that.
` A. That's fine -- yeah.
` Q. There's writing -- certainly typing
`is a form of writing; you'd agree, wouldn't
`you?
` A. Typing is a form of writing --
` Q. Okay.
` A. -- but I did not type these.
` Q. Now, is that your phrase? Is that
`your characterization of the '967 patent?
` A. It would be, yes.
` Q. Now, on the right-hand column,
`direct -- directly across from the text I just
`read regarding the '967 patent, it recites --
`it lists Claim 1, and underneath it, it says
`"Phase I instituted on '636 PCT anticipation
`and '636 PCT obviousness."
` Do you see that?
` A. I do.
` Q. Did you undertake any analysis to
`confirm that Claim 1 of the '967 patent in
`
`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
`
`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
`
`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
`
`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
`
` B. Evans
`Number 7,162,967," underneath, in parentheses,
`"the '967 patent."
` A. Sorry, sorry. Where are you? Where
`are you now?
` Q. On the first page.
` A. Yeah.
` Q. At the very top.
` A. Yeah.
` Q. On the left-hand column.
` A. Uh-huh.
` Q. It says "U.S. Patent Number
`7,162,967," and then in parentheses, "the '967
`patent."
` A. Right.
` Q. Do you see that?
` A. I do.
` Q. Okay. Then underneath that is the
`word -- the words "global/local." Did you
`write those words, "global/local"?
` A. These words helped me understand as a
`person of skill in the art to focus on what the
`'967 patent is about.
` Q. Sir, my question was, did you write
`those words?
`
`Page 9
`
` B. Evans
`Phase I is facing a 63 -- a -- an anticipation
`argument for the '636 PCT and an obviousness
`argument on the '636 PCT?
` A. You'll need to provide me with
`Phase I declaration so I can check.
` Q. No, I'm asking you, sir. Did you do
`anything before your deposition here to confirm
`the accuracy of these statements in the
`right-hand column? I'm not asking you to
`confirm it now. I'm asking you whether before
`your deposition you undertook any analysis to
`confirm that the information under Claim 1 is
`accurate.
` A. I make the assumption that it is
`accurate.
` Q. So you've undertaken no analysis
`whatsoever for this entire document that
`Ms. Berniker handed you as to its accuracy; is
`that correct?
` MS. BERNIKER: Objection.
` A. No, that's not correct. I have
`reviewed this document this morning.
`BY MR. KIKLIS:
` Q. But did you determine -- did you
`
`TSG Reporting - Worldwide
`(877) 702-9580
`
`3
`
`WESTERNGECO Exhibit 2051, pg. 3
`PGS v. WESTERNGECO
`IPR2014-01478
`
`

`
`Page 10
`
` B. Evans
`check it against any information to see if it
`was accurate?
` A. Well, I understand what the claim
`patents say, and when I read the particular
`anticipated and obvious claims, I see that they
`appear to have the correct patent numbers
`within them.
` Q. Can we have an extra copy of this,
`Ms. Berniker?
` MS. BERNIKER: Sure. Do you want
` to mark it as an exhibit since you have
` been asking about it?
` MR. KIKLIS: We'll think about
` that.
` MS. BERNIKER: Okay. Seems
` appropriate to mark it as an exhibit if
` you are going to spend 10 minutes asking
` about it. So I guess I object to the
` extent you continue to ask him about it
` and not mark it as an exhibit.
`BY MR. KIKLIS:
` Q. Now, Dr. Evans, have you been deposed
`before, sir?
` A. I had a first declaration, if that's
`
`Page 12
`
` B. Evans
` please silence your cell phones, that
` would be great. And then I think we
` should announce Mr. Suarez has arrived.
` THE REPORTER: Yes, sir.
` MR. KIKLIS: Good morning.
` MR. SUAREZ: Good morning.
`BY MR. KIKLIS:
` Q. So I'm going to briefly go over some
`of the rules for the deposition. Okay? Now,
`you understand, sir, that you're under oath?
` A. Yes.
` Q. And that means that you've got to
`testify truthfully and honestly; correct?
` A. Correct.
` Q. And that failure to do so could
`render you liable for criminal charges
`including perjury. Are you aware of that?
` A. Yes.
` Q. Now, today when I ask you questions
`I'm going to try to do my best to make them
`clear so that you can understand them. But if
`for any reason you can't understand my
`questions, just let me know and we will try to
`work, as we've done so far, to try to get them
`
`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
`
`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 11
`
` B. Evans
`what you're asking me.
` Q. No, I didn't ask you whether you had
`a first declaration, sir. I asked you whether
`you have been deposed before. Do you
`understand the word "deposed"?
` A. Can you give me your opinion of what
`that word means, please? Because I want to be
`clear of what you're saying.
` Q. Do you have any understanding of the
`word "deposed"?
` A. Well, this is a -- as I understand, a
`deposition is a meeting such as this where you
`question my declaration. That's my
`understanding of a deposition. And it's on the
`record, so it's legal.
` Q. Have you ever testified in a
`deposition of any kind before?
` A. Only with regard to this.
` Q. So you've never testified in a
`deposition other than with respect to the '520
`patent, the '967 patent and the '607 patent.
`Is that correct?
` A. That's correct.
` MR. KIKLIS: If you guys could
`
`Page 13
`
` B. Evans
`in a form that you can understand such that you
`can answer my questions. Okay?
` A. Yes.
` Q. Now, have you ever been diagnosed
`with any condition whatsoever that would impair
`your cognitive ability or your memory?
` A. No.
` Q. If at any point during today's
`deposition or tomorrow's deposition you need to
`take a break, we can do that as long as there
`is no question pending. So as long as we --
`you answer the question, we can take a break.
`And we will try to do that every hour or so if
`that's -- okay?
` A. Okay.
` Q. I do have to ask the next question,
`sir. Have you ever been arrested before?
` A. No.
` Q. Now, you're here to testify for three
`declarations that you provided as part of three
`IPRs. Is that your understanding?
` A. Three declarations as a part of
`three?
` Q. IPRs.
`
`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
`
`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
`
`TSG Reporting - Worldwide
`(877) 702-9580
`
`4
`
`WESTERNGECO Exhibit 2051, pg. 4
`PGS v. WESTERNGECO
`IPR2014-01478
`
`

`
`Page 14
`
` B. Evans
` A. What are they? What are IPRs?
` Q. "Inter partes review proceedings."
`Are you familiar with that term?
` A. I've seen it written somewhere, yeah.
` Q. So we -- you're here to talk about
`your three declarations. And I'm going to hand
`them to you.
` MR. KIKLIS: If you are going to
` speak to the witness, could you say it
` loud enough so the court reporter could
` get it on the record?
` MS. BERNIKER: Yes. I told him --
` he was trying to figure out where to put
` the paper in front of him. I suggested
` he could move it to the side to make
` room for the documents you're going to
` hand him.
`BY MR. KIKLIS:
` Q. Dr. Evans, I'm going to hand you
`what's been marked as PGS Exhibit 1002.
` A. Okay.
` MR. KIKLIS: Here you go, Jessamyn.
` By the way, Jessamyn, are you okay if I
` use your first name during this
`
`Page 16
`
` B. Evans
` Q. It's actually not there.
` A. Oh. You're reading numbers out to
`me?
` Q. Yeah.
` A. I don't know if I can -- if I know
`those numbers.
` Q. Well, you're here subject -- to
`discuss three depositions in the second round.
`That means something to you, doesn't it?
` A. That does, yeah.
` Q. So in fact, you've provided six
`declarations, two on the '520 patent, two on
`the '967 patent, and two on the '607 patent;
`correct?
` A. That is correct, yeah.
` Q. And you were deposed earlier this
`year on the first round of IPRs, the first
`round of declarations; isn't that correct?
` A. Yes, that's correct.
` Q. And now you're here to testify on the
`second round of declarations that you provided;
`correct?
` A. Yes, that's correct.
` Q. And I've just provided you with
`
`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
`
`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 15
`
` B. Evans
` proceeding? Because I'm fine with you
` using mine.
` MS. BERNIKER: That's fine.
` THE WITNESS: This is '520.
`BY MR. KIKLIS:
` Q. I've handed you what's been marked
`Exhibit 1002, sir. Do you recognize this
`exhibit?
` A. Uh-huh. Yes, I do.
` Q. What is it?
` A. It's the declaration that I have
`written regarding patent 7,162,520. As I
`understand it, this is phase B. Please correct
`me if I'm wrong.
` Q. It is --
` A. Phase II?
` Q. -- Phase II. And so just so we're
`clear on terminology, the three patents -- the
`three proceedings for which you are here are
`IPR2014-01478, then 01475 and then 01477. Is
`that your understanding?
` A. Sorry, where were those numbers?
` Q. Sure. IPR2014-01478.
` A. Where is that?
`
`Page 17
`
` B. Evans
`Exhibit Number 1002, which is your declaration
`in the second round for the '520 patent;
`correct?
` A. Right, second round, yes, '520,
`that's correct.
` Q. So for the rest of the day I'm going
`to refer to this declaration, Exhibit 1002, as
`the '520 declaration.
` A. Okay.
` Q. Because it refers to the '520 patent.
`Do you understand that?
` A. I understand that.
` Q. This is your declaration, sir,
`Exhibit 1002 that I just handed you?
` A. Yes.
` Q. Can you flip to page 182?
` A. Yeah.
` Q. Is that your signature?
` A. Well, it was signed by me. I
`remember signing it.
` Q. So this is an electronic signature --
` A. Yeah.
` Q. -- in typewritten form; correct?
` A. Yeah.
`
`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
`
`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
`
`TSG Reporting - Worldwide
`(877) 702-9580
`
`5
`
`WESTERNGECO Exhibit 2051, pg. 5
`PGS v. WESTERNGECO
`IPR2014-01478
`
`

`
`Page 18
`
` B. Evans
` Q. Did you provide authorization for
`this to be used?
` A. I did.
` Q. And are you sure that this is the
`version of the document that you authorized to
`be the final version?
` A. I am sure I can trust you to provide
`me with the final version --
` Q. Sir, I --
` A. -- because you have provided me this.
`I -- presumably. I don't -- neither of us
`presumably want me to go through this version
`to make sure this was the final version.
` Q. My question to you, sir, is whether
`you provided authorization for your signature
`to be used on the final version of
`Exhibit 1002.
` A. I did.
` Q. Okay. And it's your understanding
`that the final version of Exhibit 1002 was
`submitted as part of the second round
`proceedings; correct?
` A. That's correct.
` Q. Now, when you provided your
`
`Page 20
`
` B. Evans
` A. In the second round.
` Q. And I believe this was exhibit --
`although the cover sheet is missing, I believe
`this was Exhibit 1002 as well. So you can just
`mark that as Exhibit 1002.
` MS. BERNIKER: In the other
` proceeding.
` MR. KIKLIS: In the other
` proceeding. They were all 1002; right?
` MS. BERNIKER: I believe so.
` MR. KIKLIS: Can you guys confirm
` that?
`BY MR. KIKLIS:
` Q. And this declaration was for
`IPR2014-01475, but for today, I'm going to
`refer to this as the '967 declaration. Okay,
`sir?
` A. For round 2.
` Q. For round 2. But for today, I'm just
`going to call it the '967 declaration, and I
`would appreciate it if you would understand
`that what I'm referring to is the second round
`declaration.
` A. Right.
`
`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
`
`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 19
`
` B. Evans
`authorization for electronic signature to be
`used, did you understand that you were signing
`this document under oath?
` A. I did.
` Q. And do you understand that you had to
`be truthful and honest in all your statements
`in this document?
` A. I did.
` Q. And you were truthful and honest in
`the statements in Exhibit 1002, the '520
`declaration; correct?
` A. I was.
` Q. So I'm just going to read into the
`record -- the '520 patent, so we have a clear
`record, is for the proceeding IPR2014-10478.
` I'm going to hand you the next
`declaration, sir.
` A. Okay.
` Q. Do you recognize this document?
` A. I do.
` Q. What is it?
` A. This is my declaration regarding
`'967.
` Q. In the second round of cases?
`
`Page 21
`
` B. Evans
` Q. If I'm ever referring to the first
`round declarations, I will explicitly tell you
`so.
` A. Okay. Thank you.
` Q. So you've confirmed this is your
`declaration for the '967 patent in the second
`round; is that correct?
` A. That is correct.
` Q. And on page 87, is that your
`electronic signature, sir?
` A. Yes.
` Q. You provided your authorization for
`your electronic signature to be used on this
`exhibit; is that correct?
` A. That's correct.
` Q. And when you wrote this exhibit, you
`did so knowingly -- or knowing that you were
`under oath; correct?
` A. Correct.
` Q. And you had to be truthful and honest
`in everything that you wrote in here; is that
`correct?
` A. That is correct.
` Q. And everything in Exhibit 1002, the
`
`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
`
`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
`
`TSG Reporting - Worldwide
`(877) 702-9580
`
`6
`
`WESTERNGECO Exhibit 2051, pg. 6
`PGS v. WESTERNGECO
`IPR2014-01478
`
`

`
`Page 22
`
` B. Evans
`'967 declaration, is truthful and honest, isn't
`it?
` A. That's correct.
` Q. I'm going to hand you your third
`declaration in the second round. It's
`Exhibit 1002.
` A. Thank you.
` MR. KIKLIS: Here, Jessamyn.
` MS. BERNIKER: Thank you.
`BY MR. KIKLIS:
` Q. Have you seen this before, sir?
` A. I have.
` Q. What is it?
` A. It's my declaration regarding '607.
` Q. The '607 patent; right?
` A. Correct.
` Q. And this declaration, just for the
`record, is used in IPR2014-01477.
` Is that your electronic signature on
`page 125?
` A. It is.
` Q. Did you provide authorization for
`your signature to be used on this exhibit?
` A. I did.
`
`Page 24
`
` B. Evans
` Q. And when I refer to "these cases"
`today, I'm referring to the second round of
`proceedings in which you provided the second
`round '520 declaration, the second round '967
`declaration, and the '607 second round
`declaration. Okay?
` A. Yes.
` Q. And if I ever refer to the first
`round, I will be explicit. Fair enough?
` A. Yes.
` Q. Now, have you ever communicated with
`ION or anyone associated with ION?
` A. I have to think about that.
` Q. Please do.
` A. Clarification of your question.
`Communicated in terms of this proceeding or
`communication in terms of what kind of beer
`they like?
` Q. Any -- have you ever had any
`communication whatsoever with ION or anyone
`associated with ION?
` A. I have a multitude of students who
`have graduated. There's any number of them
`could have worked for ION, and I communicated
`
`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
`
`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 23
`
` B. Evans
` Q. And did you understand that you're
`under an obligation to testify truthfully and
`honestly in drafting Exhibit 1002, the '607
`declaration?
` A. Yes, I understand that.
` Q. And were you truthful and honest in
`the statements that you drafted in the '607
`declaration?
` A. I was.
` Q. So for the balance of today, I'm
`going to be referring to the '520 declaration,
`that's the declaration you did in the second
`round for the '520 patent. Okay?
` A. Yes.
` Q. I'll be referring to the '967
`declaration, and that refers to the declaration
`you did in the second round for the '967
`patent.
` A. Right.
` Q. And I'll be referring to the '607
`declaration, which refers to the declaration
`you did in the second round for the '607
`patent. Okay?
` A. Okay.
`
`Page 25
`
` B. Evans
`to them, likely, before their employment with
`ION.
` Q. Have you ever knowingly communicated
`in any way with ION or anyone associated with
`ION?
` A. I don't understand the question.
` Q. Okay. You testified a little bit
`earlier that you have spoken to your students
`who then may have started to work for ION.
` A. Yeah.
` Q. My question, sir, is have you ever
`communicated with ION or anyone associated with
`ION when you knew that they had such an
`association?
` A. No.
` Q. So you've never spoken to a lawyer
`representing ION; is that correct?
` A. The only legal team I've spoken to
`are these people around the table.
` Q. And you've never spoken to an expert
`witness that is representing or -- or
`testifying on behalf of ION; is that correct?
` A. That's correct. Never spoken to.
` Q. You are familiar with the ION
`
`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
`
`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
`
`TSG Reporting - Worldwide
`(877) 702-9580
`
`7
`
`WESTERNGECO Exhibit 2051, pg. 7
`PGS v. WESTERNGECO
`IPR2014-01478
`
`

`
`Page 26
`
` B. Evans
`Corporation, aren't you?
` A. I see them in exhibitions.
` Q. When did you arrive here from
`Australia?
` A. On this occasion?
` Q. Yes, sir.
` A. Last week.
` Q. What day?
` A. It was either Tuesday or Wednesday.
`I think it was last Tuesday.
` Q. Did you have any business here other
`than with respect to these proceedings?
` A. I acted as a tourist one day, which
`is -- this is the only chance I get to visit
`Washington, and so I did take time out. But it
`wasn't on business. It was checking out the
`White House and the Capitol and the museums.
`Only so much you can do in one day.
` Q. How many days did you prepare for
`your deposition?
` A. So that would have been at least
`five, at least five.
` Q. And how many hours each day did you
`prepare for your deposition?
`
`Page 28
`
` B. Evans
`proceedings.
` Q. But you haven't read the whole
`transcript of Dr. Cole's deposition?
` A. I read some of the transcript where
`it was considered relevant.
` Q. What parts of the deposition
`transcript of Dr. Cole did you read?
` A. I don't remember.
` Q. Do you remember the topics that
`you --
` A. Control circuitry I think was the
`area of interest.
` Q. Anything else?
` A. Yeah, I was really interested in his
`biography.
` Q. Anything else?
` A. Actually, only those areas of
`interest to my declaration.
` Q. What areas of interest to your
`declaration did you review of Dr. Cole's
`deposition transcript in these proceedings?
` MS. BERNIKER: Asked and answered.
` A. I thought I answered that question
`previously.
`
`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
`
`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
`
`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
`
`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 27
`
` B. Evans
` A. We came into this building, we'd meet
`at 9 o'clock, we'd go home at 5 o'clock.
` Q. So you prepared about eight hours a
`day for five days for your deposition here
`today; is that correct?
` A. There were breaks. There were --
`there's lunch. So we didn't discuss it for all
`eight hours. We're human beings.
` Q. So somewhat less than eight hours?
` A. Yeah.
` Q. So ballpark, perhaps about 35 hours
`or so, 30 to 35 hours of preparation for your
`deposition; is that right?
` A. Around that, maybe -- maybe even
`less.
` Q. And who did you meet with?
` A. The lawyers around this table.
` Q. Anyone else?
` A. Alec? Alec's not here. These people
`plus Alec. Can't remember his surname.
` Q. Did you read Dr. Cole's deposition
`transcript in these proceedings?
` A. I read some of the transcript where
`it was relevant to my understanding of these
`
`Page 29
`
` B. Evans
`BY MR. KIKLIS:
` Q. Sir, you've identified control
`circuitry, you've identified Dr. Cole's
`background. Were there any other topics in
`Dr. Cole's deposition transcript that you
`reviewed?
` A. If there were, and they were not
`relevant, I skimmed over them. And for the
`most part, I skimmed over them.
` Q. Now, your answer was "if there were."
`So my question to you, sir, is, were there any?
` A. I did answer that question
`previously. Control, electronic control. That
`was the area of relevance that I saw.
` Q. I understand that, sir. Was there
`any other area of relevancy that you reviewed
`with respect to Dr. Cole's deposition
`transcript?
` A. I only read some of the statements he
`made regarding control.
` Q. Okay.
` A. And I skimmed over other areas that
`were irrelevant, as I saw them.
` Q. Did you talk to -- have you ever
`
`TSG Reporting - Worldwide
`(877) 702-9580
`
`8
`
`WESTERNGECO Exhibit 2051, pg. 8
`PGS v. WESTERNGECO
`IPR2014-01478
`
`

`
`Page 30
`
` B. Evans
`spoken to Dr. Cole?
` A. No.
` Q. Have you ever interacted with him in
`any way?
` A. No.
` Q. Did you ever -- let me start over.
` Have you ever heard of Dr. Cole
`before beginning your work on these cases?
` A. No.
` Q. So what interested you in the control
`description of Dr. Cole's deposition
`transcript?
` A. My first degree was in electrical
`engineering, and did some control work as an
`undergraduate student, electrical feedback loop
`systems and so forth. I had an interest in his
`opinion of how such circuitry worked, its -- I
`got the impression to some degree he provide
`a -- provided a useful historical document
`about control systems, and it was of some
`interest, along with his biography of -- anyone
`who's his age has seen electronics change so
`much over the years that that was of general
`interest.
`
`Page 32
`
` B. Evans
`history that Dr. Cole provided, was that from
`his declaration or was that from his deposition
`transcript?
` A. I don't remember. It was some time
`ago that I reviewed these and it could have
`been from either. It could have been from
`either.
` Q. I'm going to be talking to you about
`the '520 declaration, sir. Now, how many --
`how many hours have you worked as part of the
`first round as well as the second round
`proceedings?
` A. You are asking me to state how many
`hours I spent in Australia and in Washington on
`documents that happened over a year ago, I
`think. Oh, February was the declaration,
`wasn't it, in Washington?
` No, I -- I've never figured that out.
`I don't know that one. This year, when I've
`done my review of documentation and submission
`in 2014 of these documents, which was a desktop
`study and development of a -- of a -- of a -- a
`document, or three documents, I haven't added
`up the hours. I haven't added up the hours.
`
`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
`
`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 31
`
` B. Evans
` Q. Are you talking about Dr. Cole's
`declaration or are you talking about his
`deposition transcript?
` A. I don't remember which one I saw. I
`saw something from Cole.
` Q. Have you ever seen a deposition
`transcript?
` A. I don't remember. That was something
`from Cole. It was very trivial in the matter
`that I'm working with. It was just the control
`circuitry. I can't remember whether it was his
`transcript or whether it was his declaration.
` Q. Have you ever seen a transcript of a
`deposition?
` A. Yes.
` Q. And do you know what they look like?
` A. Well, I've seen my own transcript and
`I've seen my own declaration, so it follows
`that I should know what they look like.
` Q. So my question is, you provided an
`answer a little while ago about the history of
`control systems and you thought that was
`interesting.
` My question to you, sir, is the
`
`Page 33
`
` B. Evans
`But there were -- I spent weekends at home
`working on these.
` Q. Okay. Can you give me a ballpark for
`how much time you spent in 2014 with respect to
`the first round and second round?
` A. For the first round and second round?
` Q. Yes, sir.
` A. Oh, that's tough. Well, first of
`all, it's totally imprecise, but I would
`imagine maybe 100 hours. Maybe -- maybe more
`than that. I was on a cruise when I did some
`of this stuff that had no communications
`whatsoever when I tried to download stuff, when
`I tried to download documentation that had been
`sent, and the satellite dropout. I have no
`idea what sorts of hours I did there.
` Q. Do you record your hours?
` A. I -- after each one, I -- after each
`block, if you will, I make a best-guess
`estimate of each block. When I say a block, I
`mean like a Saturday, whether I spent all day
`of a Saturday, honest number of hours, and
`would write those numbers down. Where I would
`not write them down immediately, I would write
`
`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
`
`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
`
`TSG Reporting - Worldwide
`(877) 702-9580
`
`9
`
`WESTERNGECO Exhibit 2051, pg. 9
`PGS v. WESTERNGECO
`IPR2014-01478
`
`

`
`Page 34
`
` B. Evans
`them down when I finished a particular piece
`and at that time, make a best guess.
` Q. At some point, you submit your hours
`so that you can be compensated; correct?
` A. So that compensation is provided to
`my university, correct.
` Q. Okay. And how many hours have you
`submitted for compensation?
` A. I don't submit those things. I'd
`pass on the hours to someone else and they do
`that work for me.
` Q. How -- how many hours did you pass on
`to someone else?
` A. I did just say to you that I -- I am
`totally unsure of how many hours I've provided
`to my university for the billing.
` Q. Do you have any idea of how much your
`university has been paid for your work on the
`first round and second round cases?
` A. I suspect so far that the university
`has invoiced for something over $100,000. That
`does not necessarily mean they have been paid
`that full amount.
` Q. So you believe that your university
`
`Page 36
`
` B. Evans
` A. I only get feedback fr