Page 1
`
`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
`
` M. TRIANTAFYLLOU
` 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. MICHAEL TRIANTAFYLLOU
` Volume 1
` Alexandria, Virginia
` August 27, 2015
`
` Reported by: Mary Ann Payonk
` Job No. 96925
`
`TSG Reporting - Worldwide
`(877) 702-9580
`
`PGS Exhibit 1117, 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
`
` M. TRIANTAFYLLOU
`APPEARANCES:
`ON BEHALF OF PETITIONER:
` THOMAS FLETCHER, ESQUIRE
` JESSAMYN BERNIKER, ESQUIRE
` ALEC SWAFFORD, 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
`
`ALSO PRESENT:
` Kevin Hart, Petroleum Geo-Services,
` Inc. (By phone)
`
`Page 5
`
` M. TRIANTAFYLLOU
`should answer my questions fully and
`completely?
` A. I understand truthfully.
` Q. Okay. Are you on any medication that
`would affect your ability to testify accurately
`today?
` A. No.
` Q. Have you ingested anything else that
`you think would affect your ability to testify
`accurately today?
` A. No.
` Q. I know you've done this before, but I
`just want to go over a few reminders. We will
`need your answers to be verbal so that the
`court reporter can take that -- them down.
` Do you understand that?
` A. Verbal as -- as opposed to what?
` Q. As opposed to nodding or shaking your
`head.
` A. Sure.
` Q. Okay. And would you please let me
`know if you don't understand a question I'm
`asking? If you don't let me know, I'm going to
`assume you understand it.
`
` M. TRIANTAFYLLOU
`
` August 27 2015
` 8:35 a.m.
`
` Deposition of DR. MICHAEL TRIANTAFYLLOU,
`Ph.D., Volume 1, held at the offices of Oblon,
`McClelland, Maier & Neustadt, 1940 Duke Street,
`Alexandria, Virginia, pursuant to Notice before
`Mary Ann Payonk, Nationally Certified Realtime
`Reporter and Notary Public of the District of
`Columbia, Commonwealth of Virginia, States of
`Maryland and New York, CA-CSR No. 13431.
`
`Page 4
`
` M. TRIANTAFYLLOU
`MICHAEL TRIANTAFYLLOU,
` called as a witness, having been duly
` sworn, was examined and testified as
` follows:
` EXAMINATION
`BY MS. BERNIKER:
` Q. Good morning, Doctor.
` A. Good morning.
` Q. I introduced myself earlier, but
`again for the record my name is Jessamyn
`Berniker and I represent the petitioner in this
`case.
` Would you please state your full
`name?
` A. Michael Triantafyllou.
` Q. Do you understand that you're under
`oath, sir?
` A. Yes.
` Q. And what do you understand that to
`mean?
` A. That I have to -- to -- to tell the
`truth and there are legal repercussions if I
`don't tell the truth.
` Q. Okay. And do you understand that you
`
`1
`
`2345
`
`6
`
`78
`
`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
`
`2
`
`PGS Exhibit 1117, pg. 2
`PGS v. WesternGeco (IPR2014-01478)
`
`

`
`Page 6
`
` M. TRIANTAFYLLOU
` Do you understand that?
` A. I understand.
` Q. Okay. And I don't have to ask this,
`but Mr. Kiklis does ask all of our witnesses,
`so have you ever been arrested, sir?
` A. No.
` Q. Okay. Now, how many times have you
`previously testified as a -- as a witness?
` A. Three times.
` Q. Can you tell me what those three are?
` A. The first time was in regards the ION
`case. There was a second time with a small
`company suing over a patent. I forget the
`names now. It was actually here in Virginia.
`But I stated this -- the facts, I think, in my
`last deposition, so you can find them there.
`The third time was with you guys here in May.
` Q. Okay. And the second one, what was
`the general subject matter of that patent?
` A. It was a device which was swimming
`like a -- a mechanical device that was swimming
`like a fish.
` Q. Right. Okay. Thank you, sir. Now,
`with respect to the ION case, did you testify
`
`Page 8
`
` M. TRIANTAFYLLOU
` Q. Sure. When I refer to "these
`proceedings," the ones that are the subject of
`this present deposition, I'm referring to IPR
`2014-1475, -1477, and -1478.
` A. This is the deposition that happened
`in May?
` Q. No. Let me just clarify. The
`deposition that happened in May was for a first
`set of proceedings that are IPR-2014-68 --
`-0687, -0688 and -0689.
` A. And this is today's?
` Q. Today's is -1475, -1477, -1478. Do
`you understand that?
` A. I understand it.
` Q. Okay. Do you understand that there
`are two separate proceedings at the Patent
`Office going on between PGS and WesternGeco in
`connection with the Hillesund patents? Or I
`think you refer to them as the Bittleston
`patents in your expert report.
` MR. KIKLIS: I hate to do this,
` Jessamyn, but you just said "two
` proceedings," and we all know there's
` like six.
`
`Page 7
`
` M. TRIANTAFYLLOU
`both by deposition and at trial?
` A. Yes.
` Q. Okay. And was that testimony
`truthful in both instances?
` A. Yes.
` Q. And complete?
` A. And complete.
` Q. And the testimony that you provided
`in this -- I shouldn't say in this case. In
`the first PGS versus WesternGeco IPR proceeding
`a few months back, do you remember that
`testimony?
` A. Yes, I do.
` Q. And did you provide truthful
`testimony in that instance?
` A. Yes.
` Q. I'm going to hand you the deposition
`transcript with the erratas from that case.
`The first volume is marked PGS Exhibit 1103 in
`these proceedings. And when I say "these
`proceedings," I mean IPR2014-01475, -1477 and
`-1478.
` Do you understand that, sir?
` A. Say this again.
`
`Page 9
`
` M. TRIANTAFYLLOU
` MS. BERNIKER: Fair. Fair enough.
` Two sets of proceedings.
` MR. KIKLIS: Maybe first round,
` second round, something like that.
`BY MS. BERNIKER:
` Q. To try to make it clear for purposes
`of our discussion today, is it okay if I refer
`to them as Phase I, reflecting the deposition
`that you had a few months ago, and Phase II
`reflecting the current deposition?
` A. Thank you.
` Q. Okay. Excellent. So let's go back
`to what I'm handing you by way of exhibits.
` I've handed you Exhibit 1103, which
`was the first volume of your deposition
`transcript, and now I'm handing you
`Exhibit 1104, which is the second volume of
`your deposition transcript from Phase I.
` Does that look familiar to you, sir?
` A. It looks like the one I've read.
` Q. At the back of them, you signed
`errata. If you flip to the back, would you
`please confirm that for me?
` A. Yes.
`
`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
`
`TSG Reporting - Worldwide
`(877) 702-9580
`
`3
`
`PGS Exhibit 1117, pg. 3
`PGS v. WesternGeco (IPR2014-01478)
`
`

`
`Page 10
`
` M. TRIANTAFYLLOU
` Q. So you reviewed these transcripts
`after they were completed; is that right?
` A. Yes, I did.
` Q. And what -- how much time did you
`spend reviewing them at that point?
` A. A few hours. I don't remember
`exactly, but it's a long reading so I was
`trying to capture to see whether my statements
`were captured.
` Q. Okay. In your erratas did you
`include all edits that you had to the
`transcript?
` A. To the extent I was -- I were at the
`time, yes, with a purpose of reflecting what I
`was thinking -- what I was -- what I had said
`at that time.
` Q. Okay. And do you have any reason to
`believe that the testimony reflected in
`Exhibits 1103 and 1104, subject to your
`erratas, do you have any reason to believe it
`is inaccurate at this point?
` A. There were cases where I thought
`afterwards I would have additions and
`modifications, but not changing the nature of
`
`Page 12
`
` M. TRIANTAFYLLOU
`the specific locations. Afterwards, you know
`how you get questions and they percolate in
`your mind and you say here there's something
`more I could have said.
` Q. When's the last time that you read
`this deposition transcript, sir?
` A. It was when it was sent to me.
` Q. Did you read it in preparation for
`this deposition today?
` A. In preparation? Well, I was
`recalling what I had read when I read it, so I
`just skimmed through. I didn't -- I didn't go
`in detail on it.
` Q. When did you skim through?
` A. Maybe it was last Saturday on the
`plane.
` Q. Okay. When you skimmed through it
`did you identify anything that you felt was in
`error?
` A. It was not exactly in error. I'll
`give you an example. I was asked by
`Mr. Burl -- let me try and recall which -- he
`pointed me to one of the patents, and in
`particular, he pointed me to -- I think it was
`
`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
`
` M. TRIANTAFYLLOU
`the -- of my testimony.
` Q. The substance of your testimony is
`correct as far as you know?
` A. Subject to some additions here and
`there.
` Q. Is there anything sitting here today
`that you can tell me that you believe should be
`added or modified about the testimony reflected
`in 1103 and 1104?
` A. I'll have to go through my
`declaration and everything and then I can point
`you out.
` Q. There's nothing you can think of
`right now?
` A. No. I can do it, but it will take
`time.
` Q. How much time will it take, sir?
` A. I will look through my testimony here
`and --
` Q. You're testifying that you have to
`sit here and read your entire deposition
`transcript in order to tell me whether there
`are errors in it?
` A. No, it will take some time to recall
`
`Page 13
`
` M. TRIANTAFYLLOU
`the '520, but because they are all three in
`that aspect the same.
` We were talking about the streamer --
` Q. Are you looking in the '520 patent,
`sir?
` A. Yes, and I'm trying to see whether
`that's where I remember it or it was another
`part.
` Yes, it was I think on line 21, it
`may have not been the '520, but it's included
`in all the patents: "In the preferred
`embodiment of the present invention, the global
`control system" --
` Q. Could you tell us where you're
`reading from, sir?
` A. Patent '520, column 4.
` Q. Okay.
` A. It's in line 21 through 25.
` Q. Okay.
` A. Sorry for the quick.
` Q. You're referring to the statement
`that reads: "In the preferred embodiment of
`the present invention, the global control
`system 22 monitors the actual positions of each
`
`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
`
`PGS Exhibit 1117, pg. 4
`PGS v. WesternGeco (IPR2014-01478)
`
`

`
`Page 14
`
` M. TRIANTAFYLLOU
`of the birds 18 and is programmed with the
`desired positions of or the desired minimum
`separations between the seismic streamers"?
`That sentence?
` A. Yes.
` Q. Uh-huh.
` A. And the question was whether that
`refers to the streamer separation mode at the
`time. And at the time, something bugged me
`about this, but in general, it's discussing
`some -- some issues of the patent, but whereas
`the -- the precise description of this comes on
`column 10 where it -- it gives the precise
`definition of the inventive control system.
` So I didn't want it to be understood
`that a -- one embodiment would supersede the
`definition because it creates the wrong
`impression. So, for example, on column 10 of
`the same patent, line 53 through 58 -- in fact,
`through 65, it gives the precise description of
`the system as invented, as -- as the title says
`here.
` And the reason that it bugged me
`afterwards is because in my analysis I put so
`
`Page 16
`
` M. TRIANTAFYLLOU
`not the language regarding the global control
`system being programmed with the desired
`positions of or the desired minimum separations
`between the seismic streamers, whether that
`language refers to an embodiment of streamer
`separation mode; right?
` A. Correct.
` Q. And at the time, you said it did;
`right?
` A. And I said that at the time that I
`thought or I presumed or I hypothesized, I
`don't remember the precise words right now that
`I used, but that's how I said it.
` Q. At the time you essentially agreed
`that it did?
` A. At the time, at the time I said I
`hypothesized that, yes, it was referring to
`this. It was referring to this.
` Q. Okay. And now you're taking that
`back? Is that what's happening?
` A. No. Right now I'm saying that this
`describes some functionality of the system but
`that the complete description of the patent is
`in -- of the inventive control system is 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
`
`Page 15
`
` M. TRIANTAFYLLOU
`much emphasis on the definitions here,
`particularly how the system operates. I
`made -- made several graphs in my declaration
`to explain this, that I just wanted to make
`clear that, yes, the answer is truthful, that
`that was referring to the system. It was
`giving some of the functionalities of the
`system. It was not describing the system
`per se. The system's described in this
`paragraph. I don't want it to be in any
`contradiction already, but that's -- that's how
`the order should be.
` In other words, the precedence is
`from how the invention is described in the
`words of the -- of the early inventor.
` Q. I want to make sure I understand what
`you said. During your deposition with Mr. Burl
`in Phase I, you discussed the language on
`column 4 that you pointed to of the '520
`patent, lines 21 through 25; right?
` A. Yes.
` Q. And he asked you -- I don't have the
`exact question in front of me, but he -- part
`of the discussion at the time was whether or
`
`Page 17
`
` M. TRIANTAFYLLOU
`section 10, which agrees also with all my
`sketches that I had done in my declaration, the
`first and the present one, the first set and
`the second set.
` Q. Okay. So let's -- I want to
`understand what you just said. First of all,
`is it your view that the language in column 4
`that we have been discussing is or is not an
`embodiment of streamer separation mode?
` A. It is an embodiment, but it does not
`contain the entire patent. It does not contain
`all the aspects of it.
` Q. It is one but not all of the
`embodiments of streamer separation mode?
` A. It is an embodiment but it does not
`contain all the elements that the patent should
`contain.
` Q. Which elements does it not contain?
` A. Well, one of the principal ones,
`which you can find in 10, for example, is the
`inner streamers will then be regularly spaced
`between those outmost streamers.
` Q. And do you understand that to be a
`requirement of all embodiments of streamer
`
`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
`
`PGS Exhibit 1117, pg. 5
`PGS v. WesternGeco (IPR2014-01478)
`
`

`
`Page 18
`
` M. TRIANTAFYLLOU
`separation mode, sir?
` A. I understand -- I'm giving you one
`example. We can go down the list and I'll tell
`you. I'll tell you what -- which item
`specifically in this patent, which I recognize
`throughout Dr. Bittleston's patents, he wants
`modes. A mode means something that is
`precalculated and the entire system will try to
`keep it. So this is the essence of all the
`patents of Bittleston, in my view. And that is
`reflected very strongly by this regularly
`spaced as an example. There are other items
`too. I can dig in and do it.
` But this is a theme that will come
`back several times in this deposition today,
`I'm sure, because it's a basis for all my
`declaration, the first and the second.
` Q. You said, I think, in an answer a
`little bit ago that you thought that the
`description of the inventive control system is
`limited to what's in column 10; is that right?
` A. That's the most complete description
`of the system. You can give embodiments, you
`can give functionalities elsewhere. But when I
`
`Page 20
`
` M. TRIANTAFYLLOU
`don't we take a look at those? You have a copy
`of your expert report in front of you? Is that
`what you have, sir?
` A. It is.
` Q. Is that a copy of your expert report
`from Phase II?
` A. It is.
` Q. So that's marked IPR2014 -- I'm
`sorry. That's marked Exhibit 2075; is that
`right, sir?
` A. Yes.
` Q. Okay.
` So I want to talk about the figures,
`or one of the figures in your expert report. I
`think you just referred to it, but let me
`confirm, please. If you take a look at page 52
`of your expert report --
` A. Yes.
` Q. -- there's figure 10 entitled "An
`idealized example of streamer separation mode";
`is that right?
` A. Yes.
` Q. Is that the figure you were just
`referring to?
`
`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
`
` M. TRIANTAFYLLOU
`want to find out what did the inventor want, I
`usually go and see where it says inventive
`control system. Also having read the patents,
`I have a pretty good idea what Bittleston wants
`to say, so I'm tracking down to see where
`exactly I have to look.
` Q. And your view is that it's in column
`10?
` A. My view is that, yes, it is in column
`10 where he states it.
` Q. But only column 10?
` A. I answered before. It can give it
`elsewhere in terms of for examples. It
`clarifies, it gives some functionalities. So I
`can look elsewhere also to find what it is, but
`if in doubt, I will go to 10.
` Q. But you can look elsewhere for
`clarification or embodiment?
` A. You can go for clarification, but
`this supersedes any -- if there is any doubt or
`lack of content in some other location, this
`will supersede that.
` Q. You mentioned the figures in your
`report regarding streamer separation mode. Why
`
`Page 21
`
` M. TRIANTAFYLLOU
` A. Actually, no. I was referring to
`other figures.
` Q. Okay. Why don't we talk about this
`one for just a second.
` A. Okay.
` Q. You called this the idealized example
`of streamer separation mode; right?
` A. Yes.
` Q. I take it that's what you think it
`is.
` A. Yes.
` Q. Okay. And so if you could just tell
`me what language in column 10 refers to this
`configuration, if it is language in column 10.
` A. In extreme weather conditions, it
`will try to maximize the distance between
`adjacent streamers. The streamers will
`typically be separated in depth. The inner
`streamers will then be regularly spaced between
`these outmost streamers.
` So this is one example. I have
`another example on page 104: In which case it
`is deemed that there's great danger of
`entangling, so the two outmost streamers are
`
`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
`
`PGS Exhibit 1117, pg. 6
`PGS v. WesternGeco (IPR2014-01478)
`
`

`
`Page 22
`
` M. TRIANTAFYLLOU
`put at the strong angle to the extent that they
`don't saturate the thrusters, they don't -- the
`birds don't undergo what's called stalling.
`And then the other streamers are placed
`regularly between those two outmost streamers.
` Q. So you're now referring to figure 21
`on page 104; is that right?
` A. Yes.
` Q. If I have it correctly, figure 10 on
`page 52 and figure 21 on page 104 are both
`embodiments of the language that you just read
`us; is that right?
` A. They could be, yeah.
` Q. In your view, they are?
` A. I'm sorry?
` Q. In your view, they are?
` A. Yes.
` Q. Okay. Let's go back to the answer on
`page -- regarding column 4 that you want to
`modify from when you answered in Phase I. You
`know what I'm referring to, the language
`regarding desired minimum separations?
` Do you understand that, sir?
` A. Yes.
`
`Page 24
`
` M. TRIANTAFYLLOU
`submitted the errata, sir?
` A. I can't remember right now when
`exactly it was.
` Q. Is there any reason you wouldn't have
`included it on the errata if you had identified
`it at that point?
` A. Probably had not made the conclusion
`or I had not thought by then -- I don't
`remember exactly when, because the errata, I
`wanted just to make sure there were no gross
`mistakes.
` Q. What do you mean by cross mistakes?
` A. Gross, G-R-O-S-S.
` Q. And you wouldn't characterize this as
`a gross mistake?
` A. This is not a mistake per se. This
`is an incomplete answer which can lead to
`misinterpretations.
` Q. You submitted -- you signed your
`errata on June 4; is that right, sir?
` A. Yes, I think it's correct.
` Q. Can you tell me any time -- I guess
`let me restate the question, sir. Between
`May 22, 2015, the date of your deposition, and
`
`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 23
`
` M. TRIANTAFYLLOU
` Q. Okay. So my question to you is, when
`is the first time you concluded that the answer
`that you provided in the Phase I deposition was
`not ideal, let's say?
` A. It was done after I had the time to
`relax after these stressful proceedings. And
`thinking about the -- you know, the -- it
`happens to me that questions come back. It was
`not this, the only one. There were others
`which I thought they were very -- there was
`nothing to be said.
` But I usually go back, things stick
`in my mind, and I went back and I thought about
`it and then I thought some more about it, and
`then I started producing these other graphs in
`view of this second declaration. So it took
`some time to come up to this.
` Q. To be clear, you didn't discover that
`you thought you'd made an error in that
`testimony at the time you reviewed your
`transcript for purposes of creating the errata;
`right?
` A. It might have been reinforced then.
` Q. Did you figure it out before you
`
`Page 25
`
` M. TRIANTAFYLLOU
`today, which is I believe August 20 --
` A. 7.
` Q. -- 7, thank you.
` Can you tell me any time in that
`window when it was that you first discovered
`this effort to -- this incomplete answer?
` A. I don't remember now offhand because
`as I told you, I'm thinking about these things
`and --
` Q. You have no idea when in that window?
` A. No, it was distributed all over,
`because I don't work full days on this. I take
`one hour here and one hour there, and sometimes
`I just think about it.
` Q. I want to go through how many times
`you've read your deposition transcript. When's
`the first time you read your deposition
`transcript?
` Was that upon its completion?
` A. When it was handed over to me. And I
`don't remember now the date it was handed over
`to me.
` Q. A few days before June 4?
` A. I would think so, because took me two
`
`TSG Reporting - Worldwide
`(877) 702-9580
`
`7
`
`PGS Exhibit 1117, pg. 7
`PGS v. WesternGeco (IPR2014-01478)
`
`

`
`Page 26
`
` M. TRIANTAFYLLOU
`or three days to read it. Not that I was
`reading the whole day, but --
` Q. Sure. Okay. Sometime before June 4
`because that's when you signed the errata;
`right?
` A. Right.
` Q. When is the next time you picked it
`up to read?
` A. Well, I consult it from time to time,
`just out of -- when I have curiosities. So I
`can't say --
` Q. What could possibly prompt you to
`consult your deposition transcript out of
`curiosity?
` A. Well, some things stick in your mind
`when you read the text, especially when you
`have gone through the deposition and it's your
`own words and questions, you have a memory of
`those things, so.
` Q. So you went back to look at the
`things that stuck in your mind?
` A. Yeah.
` Q. But you don't remember when?
` How many times do you think you
`
`Page 28
`
` M. TRIANTAFYLLOU
`incompletenesses or errors in your deposition
`transcript that were not included in your
`errata?
` A. By which date?
` Q. By August 7, the date of your expert
`report in Phase II.
` A. As I told you, I was thinking all
`along about them.
` Q. So you don't know. You may have in
`fact found these purported errors before
`August 7?
` A. I don't remember any purported errors
`that we discussed in the --
` Q. Okay. Well, the -- the
`incompleteness. We discussed the
`incompleteness comment you made regarding
`column 4; right?
` A. Right.
` Q. Now, what else -- are you aware of
`any other errors in your deposition transcript,
`or incompletenesses in your deposition
`transcript, sitting here today?
` A. There may be. I may be reminded as
`we go along. As I told you, I have to look
`
`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
`
` M. TRIANTAFYLLOU
`consulted your deposition transcript between
`June 4 when you signed the errata and today?
` A. I have an electronic version of it so
`whenever I have the thing, I'm just going in
`and opening and look through.
` Q. Is it useful to you for purposes
`unrelated to this case?
` A. Not that I remember.
` Q. Okay.
` A. No.
` Q. Was it in preparation for your
`Phase II declaration that you consulted it?
` A. No. Sometimes, I'm telling you, it's
`out of curiosity.
` Q. Okay.
` A. I remember a specific thing and I
`have to go back and -- and look it up and see
`what exactly I said.
` Q. Okay. The declaration that you
`submitted in Phase II, which is the subject of
`today's discussion, Exhibit 2075, that was
`signed on August 7 of 2015; right, sir?
` A. Yes.
` Q. By August 17, had you discovered any
`
`Page 29
`
` M. TRIANTAFYLLOU
`through and be reminded of this.
` Q. None of them stick in your mind?
` A. Not at this moment. If along our
`proceedings today and tomorrow I remember, I
`will make sure to bring them up.
` Q. Thank you. I appreciate that.
` Do you intend to submit an additional
`errata to the deposition transcript from
`Phase I?
` A. I think I've been explicit today. If
`I find something else which is not covered
`today, I may do so.
` Q. Okay. When's the last time you
`reviewed your testimony from the ION case?
` A. My testimony from -- you mean in
`court or --
` Q. Let's take it one step at a time.
` You were deposed in the ION case, so
`let's start with that.
` When's the last time you reviewed the
`deposition transcript from the ION case?
` A. The complete case? I read it before
`I submitted my first declaration.
` Q. And have you read it since then?
`
`TSG Reporting - Worldwide
`(877) 702-9580
`
`8
`
`PGS Exhibit 1117, pg. 8
`PGS v. WesternGeco (IPR2014-01478)
`
`

`
`Page 30
`
` M. TRIANTAFYLLOU
` A. I may have consulted it here and
`there, yes.
` Q. Do you remember reading it since
`then?
` A. Actually, yes. The deposition, the
`first deposition in the ION case, I may or may
`not have, but my court deposition I remember I
`have read recently.
` Q. Your trial testimony?
` A. My trial testimony, thank you.
` Q. You read that recently. When is
`recently?
` A. Yesterday at 8 o'clock.
` Q. In the evening?
` A. In the evening.
` Q. That's very recently.
` Did you read it before submitting
`your expert report in Phase I?
` A. I believe I did.
` Q. Did you read it before submitting
`your expert report in this Phase II?
` A. I think so too.
` Q. Okay. And you read it again
`yesterday at 8 o'clock?
`
`Page 32
`
` M. TRIANTAFYLLOU
`documents and the like. To be short, yes, I
`have reviewed some, but I don't remember how
`many or whether they were all.
` Q. Okay. Did you meet with the
`attorneys in preparing for your deposition
`today?
` A. Yes.
` Q. How long did you meet with them?
` A. Yesterday, here, and before
`yesterday, in Cambridge.
` Q. For a day in Cambridge?
` A. A day in Cambridge and a day here.
`Roughly a day, okay?
` Q. Did you do anything else to prepare
`for your deposition today?
` A. Yes. I read my declaration. I went
`through the basic references so I can be more
`readily available to answer questions.
` Q. How was your declaration prepared?
` A. My declaration, I was given the cases
`to consider, which I outline in the beginning
`of the declaration. The language that had been
`reconstrued, the -- the articles that I had
`to -- the claims that --
`
`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
`
` M. TRIANTAFYLLOU
` A. Yes.
` Q. Do you have any reason to think there
`are inaccuracies in that testimony?
` A. No inaccuracies. Again, there may be
`things that require better clarification, but
`that's always the case.
` Q. Things you might tweak but nothing
`that's wrong?
` A. Or make it more concrete, yes.
` Q. Okay. Have you ever reviewed the
`reply briefs that PGS submitted in the Phase I
`proceeding?
` A. I have been given some of the PGS
`reports. I'm not sure that there were all of
`them, okay? So I recall reviewing some of
`them, but I -- right now my memory doesn't help
`me in that aspect. There are too many
`documents in this case.
` Q. Hard to keep everything straight;
`right?
` A. It's hard to keep all of the numbers
`and the like, so, for example, you call this
`Phase I and Phase II, which helps me a lot on
`all these numbers. And there have been court
`
`Page 33
`
` M. TRIANTAFYLLOU
` MR. KIKLIS: I'm going to caution
` you not to discuss any interactions with
` counsel because that would be work
` product. So if you can answer the
` question without discussing that, it
` would be great.
` A. Okay. So I was given what it is to
`be -- to be discussed, and then I went over
`those, and then I wrote the report.
`BY MS. BERNIKER:
` Q. What, if anything, did you do to
`confirm the accuracy of the opinions in your
`report?
` A. Well, by writing the report, I tried
`to be as truthful as I could.
` Q. You wrote it yourself, sir?
` A. Yes.
` Q. You filled in the citations and
`everything?
` A. I was having help with the citations
`but I always checked every single item. So I
`wrote it myself, yes.
` Q. How did you decide what to address
`and what not to address?
`
`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
`
`PGS Exhibit 1117, pg. 9
`PGS v. WesternGeco (IPR2014-01478)
`
`

`
`Page 34
`
` M. TRIANTAFYLLOU
` A. Well, we had discussions with the
`lawyers and the like, and from that I was
`concluding