EXHIBIT 2164
`EXHIBIT 2164
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`EXHIBIT 2164
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`Job No. 2077633
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` UNITED STATES PATENT AND TRADEMARK OFFICE
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________________
`
`MASTERIMAGE 3D, INC. )
`
` and ) Case No.
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`MASTERIMAGE 3D ASIA, LLC, ) IPR2015-00040
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` Petitioners, ) IPR2014-00040
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` vs. ) IPR2015-00035
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`REALD INC., )
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` Patent Owner. )
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`____________________________
`
` VIDEOTAPED DEPOSITION OF MATTHEW BRENNESHOLTZ
`
` Los Angeles, California
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` Friday, May 29, 2015
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` Volume I
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`Reported by:
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`JUDITH A. MANGO
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`CSR No. 5584
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`Job No. 2077633
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`PAGES 1 - 238
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`Veritext Legal Solutions
`817-336-3042
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`REALD INC.
`Exhibit 2164-1
`MASTERIMAGE 3D, et al. v REALD INC.
`IPR2015-00035
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`
`
`Job No. 2077633
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________________
`
`MASTERIMAGE 3D, INC. )
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` and ) Case No.
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`MASTERIMAGE 3D ASIA, LLC, ) IPR2015-00040
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` Petitioners, ) IPR2014-00040
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` vs. ) IPR2015-00035
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`REALD INC., )
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` Patent Owner. )
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`____________________________
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` Videotaped Deposition of MATTHEW
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`BRENNESHOLTZ, Volume I, taken on behalf of patent
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`owner, at 725 South Figueroa Street, Los Angeles,
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`California, beginning at 9:03 a.m. and ending at
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`5:26 p.m. on Friday, May 29, 2015, before JUDITH A.
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`MANGO, Certified Shorthand Reporter No. 5584.
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`Page 2
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`REALD INC.
`Exhibit 2164-2
`MASTERIMAGE 3D, et al. v REALD INC.
`IPR2015-00035
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`
`
`Job No. 2077633
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`APPEARANCES:
`
`For Petitioners:
`
` PILLSBURY WINTHROP SHAW PITTMAN LLP
`
` BY: EVAN FINKEL
`
` Attorney at Law
`
` 725 South Figueroa Street, Suite 2800
`
` Los Angeles, California 90017
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` (213) 488-7100
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` evan.finkel@pillsburylaw.com
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`For Patent Owner:
`
` BAKER & McKENZIE LLP
`
` BY: BRIAN C. McCORMACK
`
` MACKENZIE MARTIN
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` Attorneys at Law
`
` 2001 Ross Avenue, Suite 2300
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` Dallas, Texas 75201
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` (214) 978-3007
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` brian.mccormack@bakermckenzie.com
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` mackenzie.martin@bakermckenzie.com
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`Also Present:
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` DAVID WEST, VIDEOGRAPHER
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`REALD INC.
`Exhibit 2164-3
`MASTERIMAGE 3D, et al. v REALD INC.
`IPR2015-00035
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`
`
`Job No. 2077633
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` INDEX
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`WITNESS EXAMINATION
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`MATTHEW BRENNESHOLTZ
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`VOLUME I
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` BY MS. MARTIN 11, 128
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` INSTRUCTION NOT TO ANSWER
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` PAGE LINE
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` 21 12
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` 22 10, 16
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` 23 13
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` 148 10
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` EXHIBITS
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`NUMBER DESCRIPTION PAGE
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`Exhibit 1 U.S. Patent 4,515,441 20
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`Exhibit 2 U.S. Patent 7,857,455 25
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`Exhibit 3 U.S. Patent 8,220,934 25
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`REALD INC.
`Exhibit 2164-4
`MASTERIMAGE 3D, et al. v REALD INC.
`IPR2015-00035
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`
`
`Job No. 2077633
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` EXHIBITS (CONTINUED)
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`NUMBER DESCRIPTION PAGE
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`Exhibit 4 Declaration of Matthew 27
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` S. Brennesholtz in support
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` of petition for inter partes
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` review of U.S. Patent
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` 7,857,455
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`Exhibit 5 Declaration of Matthew S. 35
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` Brennesholtz in support of
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` petition for inter partes
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` review of U.S. Patent
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` 7,959,934
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`Exhibit 6 Notice of Deposition of 43
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` Matthew Brennesholtz in IPR
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` 2015-00035
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`Exhibit 7 Notice of Deposition of 44
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` Matthew Brennesholtz in IPR
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` 2015-00040
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`REALD INC.
`Exhibit 2164-5
`MASTERIMAGE 3D, et al. v REALD INC.
`IPR2015-00035
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`
`
`Job No. 2077633
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` EXHIBITS (CONTINUED)
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`NUMBER DESCRIPTION PAGE
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`Exhibit 8 Portions of "Projection 58
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` Displays," second edition, by
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` Matthew S. Brennesholtz and
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` Edward H. Stupp
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`Exhibit 9 Curriculum vitae for 83
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` Matthew S. Brennesholtz
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`Exhibit 10 News report entitled 93
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` "Volfoni Discusses
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` Polarization Modulator"
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`Exhibit 11 Additional portions of 95
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` "Projection Displays"
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`Exhibit 12 Article entitled "CinemaCon 100
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` 2014, MasterImage 3D New Light
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` Doubler"
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`REALD INC.
`Exhibit 2164-6
`MASTERIMAGE 3D, et al. v REALD INC.
`IPR2015-00035
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`
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`Job No. 2077633
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` EXHIBITS (CONTINUED)
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`NUMBER DESCRIPTION PAGE
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`Exhibit 13 Article entitled "3D IP 108
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` Why It Matters"
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`Exhibit 14 "3D Revolution" authored 111
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` by Ray Zone
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`Exhibit 15 July 2011 Large Display 116
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` Report
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`Exhibit 16 Article entitled "Seattle 140
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` Cinerama to Install Christie
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` Laser Projector"
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`Exhibit 17 Insight Media's "3D 146
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` Technology and Markets,
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` A Study of All Aspects of
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` Electronic 3D Systems,
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` Applications and Markets" by
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` Matthew Brennesholtz and
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` Arthur Berman
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`REALD INC.
`Exhibit 2164-7
`MASTERIMAGE 3D, et al. v REALD INC.
`IPR2015-00035
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`
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`Job No. 2077633
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` EXHIBITS (CONTINUED)
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`NUMBER DESCRIPTION PAGE
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`Exhibit 18 Article entitled "MasterImage 150
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` Introduces High-Brightness 3D
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` Cinema System"
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`Exhibit 19 U.S. Patent 6,190,013 163
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`Exhibit 20 U.S. Patent 4,792,850 172
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`Exhibit 21 U.S. Patent 7,559,653 178
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`Exhibit 22 U.S. Patent 6,147,802 193
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`Exhibit 23 U.S. Patent 6,508,557 201
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`REALD INC.
`Exhibit 2164-8
`MASTERIMAGE 3D, et al. v REALD INC.
`IPR2015-00035
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`
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`Job No. 2077633
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` Los Angeles, California, Friday, May 29, 2015
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` 9:03 a.m.
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` THE VIDEOGRAPHER: Good morning. We are on
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`the record. The time is 9:03 A.M. The date today, 09:03:00
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`May 29th, 2015.
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` This is the video-recorded deposition of
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`Matthew Brennesholtz. My name is David West, here
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`with our court reporter, Judith Mango. We're here
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`from Veritext Legal Solutions at the request of 09:03:17
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`counsel for patent owner.
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` This deposition is being held at 725 South
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`Figueroa Street, Suite 2800, Los Angeles,
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`California. The caption of this case is MasterImage
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`3D, Inc., et al. versus RealD Inc., Case No. IPR 09:03:34
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`2015-00040.
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` Please note that audio and video recording
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`will take place unless all parties agree to go off
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`the record. Microphones are sensitive and may pick
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`up whispers, private conversations as well as 09:03:55
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`cellular interference.
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` I'm not authorized to administer an oath.
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`I'm not related to any party in this action, nor am
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`I financially interested in the outcome in any way.
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` If there are any objections to proceeding, 09:04:09
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`Exhibit 2164-9
`MASTERIMAGE 3D, et al. v REALD INC.
`IPR2015-00035
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`please state them at the time of your appearance.
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`Beginning with the noticing attorney, please state
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`your appearances.
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` MS. MARTIN: Hi. This is Mackenzie Martin
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`representing the patent owner, RealD. I'm with 09:04:22
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`Baker & McKenzie.
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` MR. McCORMACK: Brian McCormack with Baker
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`& McKenzie, also for the patent owner. And just for
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`the record this is actually for two separate IPR
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`proceedings, so in addition to IPR 2015-00040, this 09:04:35
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`is for IPR 2014-00040.
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` THE VIDEOGRAPHER: Thank you.
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` MS. MARTIN: And, actually, a slight
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`correction. It's also for IPR 2015-00035.
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` MR. McCORMACK: I'm sorry, yes. 09:04:54
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` THE VIDEOGRAPHER: Thank you.
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` MS. MARTIN: Thank you.
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` MR. FINKEL: I'm just making sure. It's
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`for two IPRs, No. 35 and 40, correct?
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` MS. MARTIN: Correct. 09:05:11
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` MR. FINKEL: Okay.
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` This is Evan Finkel of Pillsbury Winthrop
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`Shaw Pittman, LLP on behalf of petitioner.
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` And my objection, as we had previously
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`discussed, Counsel, is I object to the -- the 09:05:23
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`REALD INC.
`Exhibit 2164-10
`MASTERIMAGE 3D, et al. v REALD INC.
`IPR2015-00035
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`petitioner objects to the videotaping of the
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`deposition without a prior agreement, allowing for
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`videotaping without an agreement that petitioner can
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`also videotape the deposition of patent owner's
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`expert, and without it, being that the videotape 09:05:37
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`will be used, if at all, only in these proceedings.
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` MR. McCORMACK: The objection is noted,
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`Counsel.
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` THE VIDEOGRAPHER: Thank you. The court
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`reporter may now swear in the witness and we will 09:05:45
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`proceed.
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` MATTHEW BRENNESHOLTZ,
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`having been administered an oath, was examined and
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`testified as follows:
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` EXAMINATION
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`BY MS. MARTIN:
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` Q Good morning. Will you please state your
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`full name for the record. 09:06:02
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` A Matthew Scott Brennesholtz.
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` Q And what is your current address, sir?
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` A 70 Sunnyside Avenue, Pleasantville, New
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`York 10570.
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` Q And what is your phone number? 09:06:17
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`REALD INC.
`Exhibit 2164-11
`MASTERIMAGE 3D, et al. v REALD INC.
`IPR2015-00035
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` A 914-769-3260.
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` Q And could you also please state your e-mail
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`address.
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` A Matthew, M A T T H E W, @brennesholtz,
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`B R E N N E S H O L T Z, .com. 09:06:32
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` Q Thank you.
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` I also just wanted to take this opportunity
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`to confirm your understanding that your testimony
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`today is under oath.
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` A Yes, I understand that. 09:06:43
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` Q Okay. And I just wanted to go through a
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`few kind of logistical things out -- out front.
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` If -- I wanted to let you know if I ask a
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`question that you don't understand at any point in
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`this deposition, will you agree to ask me for 09:06:57
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`clarification?
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` A Okay.
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` Q Great.
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` And do you also agree to answer the
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`questions I ask you clearly and audibly for the 09:07:05
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`record?
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` A Yes.
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` Q Thank you.
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` This is not an endurance test, so if you do
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`need a break at any point, please just let me know, 09:07:13
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`REALD INC.
`Exhibit 2164-12
`MASTERIMAGE 3D, et al. v REALD INC.
`IPR2015-00035
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`and we will take a break.
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` A Okay.
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` Q Although, if there is a question pending, I
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`would request that you go ahead and answer that
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`question before we take a break. 09:07:24
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` A Okay.
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` Q Is there any reason that you're not able to
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`testify truthfully and completely today?
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` A No.
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` Q Have you taken any medication today? 09:07:33
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` A Some decongestant.
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` Q Okay. What are the names of the
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`decongestant?
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` A Oh, it's just a CVS house brand.
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` Q Great. 09:07:45
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` A A non-drowsy decongestant.
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` Q Are you under the influence of any alcohol
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`or other drugs?
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` A No.
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` Q Okay. Have you ever been deposed before? 09:07:54
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` A No.
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` Q Okay. Have you ever been an expert in any
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`other legal proceedings?
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` A None that has reached either the courts or
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`the deposition stage. 09:08:07
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`REALD INC.
`Exhibit 2164-13
`MASTERIMAGE 3D, et al. v REALD INC.
`IPR2015-00035
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` Q Okay. Have you put in an expert report in
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`any other legal proceedings?
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` A Not a formal one, no.
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` Q Which other legal proceedings were you
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`involved in as an expert? 09:08:19
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` A I forget what it was, but the judge that
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`was supposed to hear it resigned and -- to go to the
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`federal bench, and they never rescheduled it.
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` Q And that's the only other one you've been
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`involved in as an expert? 09:08:42
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` A Yes.
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` Q Okay. And you never submitted an expert
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`report in that proceeding or an expert declaration
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`of any kind?
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` A No. 09:08:51
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` Q Okay. What is your history with
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`MasterImage prior to working with them on the --
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`these particular inter partes review proceedings?
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` A I worked as -- essentially as a journalist
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`for Insight Media from 2005 and up essentially to 09:09:09
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`the present. And as such, I wrote an article or two
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`on their 3D systems based on publicly-available
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`information. None -- none of it was -- you know, I
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`didn't have any inside connection to MasterImage.
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` Q Okay. And you were never previously 09:09:30
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`REALD INC.
`Exhibit 2164-14
`MASTERIMAGE 3D, et al. v REALD INC.
`IPR2015-00035
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`compensated by MasterImage for --
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` A No.
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` Q -- any of that work?
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` A No.
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` Q Or for any other work? 09:09:37
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` A No.
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` Q Okay. How many times have you interviewed
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`someone from MasterImage?
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` A Say -- say that again.
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` Q How many times have you interviewed someone 09:09:47
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`from MasterImage?
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` A I don't believe I ever met with them
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`directly. The -- most of the information I got was
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`from, you know, their public releases and press
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`releases. 09:10:02
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` Q Okay. And do you have any prior
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`relationship with any individuals at MasterImage?
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` A No.
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` Q Okay. Who retained you as an expert?
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` A Originally it was James Glenn at Novak 09:10:24
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`Druce, I believe.
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` Q Okay.
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` A And who -- anyway, he -- he originally
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`retained me.
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` Q Okay. Did you have a second retainer 09:10:39
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`REALD INC.
`Exhibit 2164-15
`MASTERIMAGE 3D, et al. v REALD INC.
`IPR2015-00035
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`agreement?
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` A When the case came to Pillsbury, I signed a
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`new retainer agreement with Pillsbury.
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` Q Okay. And how are you compensated for this
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`proceeding? 09:10:55
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` A I'm paid $300 an hour.
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` Q Okay. What is your understanding of your
`
`role as an expert witness in this case -- in these
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`cases?
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` A My understanding is I'm supposed to help 09:11:10
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`the legal people, who are generally not technical
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`people, understand the technology and the
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`implications of the technology and help them, you
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`know, search for prior art.
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` Q And did you do some prior art searches? 09:11:31
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` A Yes.
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` Q How many?
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` A I looked at some patent and also the --
`
`some -- the said records, you know, the historical
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`journals. 09:11:49
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` Q Okay. What is your understanding of the
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`legal principles or standards to invalidate a patent
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`claim?
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` MR. FINKEL: Objection; form.
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` THE WITNESS: What -- 09:12:03
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`REALD INC.
`Exhibit 2164-16
`MASTERIMAGE 3D, et al. v REALD INC.
`IPR2015-00035
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`BY MS. MARTIN:
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` Q Do you understand the question?
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` A Okay. I'm not a legal person. The -- you
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`know, the -- the legal arguments to invalidate a
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`patent are, you know, made by the counsel. My 09:12:19
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`understanding is if they can find suitable prior art
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`that shows invention before the patented invention,
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`then that can invalidate it.
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` Q Does the -- based on your understanding,
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`does the prior art have to show the whole invention? 09:12:41
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` MR. FINKEL: Objection; form, calls for --
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`calls for a legal conclusion.
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` THE WITNESS: The -- the entire invention
`
`does not have to be shown in a single printed
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`reference, no. It can be a combination. 09:12:58
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`BY MS. MARTIN:
`
` Q Okay. And do you -- what is your general
`
`understanding of the legal principles involved in
`
`combining references?
`
` A My understanding is one of the things you 09:13:11
`
`need is motivation in that you not only have to say
`
`this plus that equals the patent, but you have to
`
`have a reason to combine them.
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` Q Okay. And in terms of establishing that
`
`reason or that motivation, what is your 09:13:31
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`REALD INC.
`Exhibit 2164-17
`MASTERIMAGE 3D, et al. v REALD INC.
`IPR2015-00035
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`understanding of whose perspective that might be in
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`relation to?
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` A I assume it's from the perspective of the
`
`engineer who'd be doing the combining; that is, the
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`person of ordinary skill in the art. 09:13:51
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` Q Okay. At what time frame?
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` A Well, at the time frame of the -- you know,
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`prior to the invention.
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` Q Okay. Where did you obtain the data and
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`the documents to prepare your declaration? 09:14:09
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` A Some were provided to me by counsel. Some
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`were -- you know, the prior art that I -- I'd found,
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`you know, under direction of counsel.
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` Q Which pieces of prior art did you find
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`yourself under direction of counsel? 09:14:29
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` A I don't remember.
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` Q Do you recall whether you found Silverstein
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`on your own?
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` A I don't believe I did, no.
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` Q Do you recall whether you found the 09:14:42
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`Silverstein -- the related Silverstein patent ending
`
`in '373 on your own?
`
` A I don't believe so.
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` Q Do you recall whether you found the Tani
`
`reference on your own? 09:14:57
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`REALD INC.
`Exhibit 2164-18
`MASTERIMAGE 3D, et al. v REALD INC.
`IPR2015-00035
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` A I can't remember.
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` Q Would it help if I showed you the
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`reference?
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` A No. I'm familiar with Tani, but I just
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`don't remember whether I found it or counsel found 09:15:08
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`it and provided it to me.
`
` Q Okay. How about the Lipton reference?
`
` A That's the Lipton '850 patent?
`
` Q That's correct.
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` A I had been familiar with it before this 09:15:22
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`came up. You know, the -- that's a well-known
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`reference in the stereoscopic 3D industry.
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` Q Uh-hmm.
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` A So it's clear. You know, it's -- I don't
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`know if they provided it to me, but they didn't have 09:15:39
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`to because I was familiar with it.
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` Q Okay. What about the Takanashi reference?
`
` A I can't remember whether I found it or they
`
`provided it to me.
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` Q How about Itoh? 09:15:51
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` A Again, I was familiar with it before --
`
`before this case started.
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` Q Uh-hmm.
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` A And I can't remember whether I introduced
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`it to them or they introduced it to me. 09:16:08
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`REALD INC.
`Exhibit 2164-19
`MASTERIMAGE 3D, et al. v REALD INC.
`IPR2015-00035
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` Q Okay. What about the Jones article?
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` A That's one I provided.
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` Q Okay. How about Wentz?
`
` A Which one is Wentz?
`
` Q I'll grab it really quick. 09:16:26
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` I'll mark as Exhibit 1 United States Patent
`
`No. 4,515,441.
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` (Exhibit 1 was marked for identification
`
` by the court reporter.)
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` MR. FINKEL: Could I have a copy, please? 09:16:52
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` MS. MARTIN: Did we not bring four copies?
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` MR. McCORMACK: That will be his, so --
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` MS. MARTIN: This will be his (handing).
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` THE WITNESS: Okay. Again, I believe this
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`is a patent I was familiar with before the start of 09:17:09
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`this case, and I can't remember whether it was me or
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`counsel that introduced it --
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`BY MS. MARTIN:
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` Q Okay.
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` A -- to the case. 09:17:21
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` Q So you have a recollection you found the
`
`Jones article but, otherwise, there are several
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`references you're not sure who --
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` A No.
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` Q -- provided them? 09:17:31
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`REALD INC.
`Exhibit 2164-20
`MASTERIMAGE 3D, et al. v REALD INC.
`IPR2015-00035
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` A That's correct.
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` Q Okay. Did anyone else assist you in
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`finding prior art?
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` A Not -- any that I found or searched for I
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`did myself. But, of course, counsel provided some 09:17:49
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`prior art.
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` Q Okay.
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` A Yeah. Most of the prior art.
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` Q Who ultimately decided what prior art to
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`use in each of the petitions? 09:18:00
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` MR. FINKEL: Objection; calls for a
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`legal -- calls for privileged information. Direct
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`the witness not to answer.
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` MS. MARTIN: Okay.
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` Q Were you involved in the decision regarding 09:18:08
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`the best prior art references in these petitions?
`
` A Yes.
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` Q Okay. Were any pieces of prior art that
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`you guys considered not used?
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` A Yes. 09:18:29
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` Q Why?
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` A In a prior art search you find hundreds
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`that may or may not be relevant. You can't include
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`them all.
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` Q Were there any prior art references that 09:18:42
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`REALD INC.
`Exhibit 2164-21
`MASTERIMAGE 3D, et al. v REALD INC.
`IPR2015-00035
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`you found troublesome based on your positions on the
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`other prior art references?
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` MR. FINKEL: Objection as to form.
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` THE WITNESS: No.
`
`BY MS. MARTIN: 09:18:56
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` Q Okay. What advice or assistance did
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`MasterImage's counsel offer you in preparing your
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`declaration?
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` MR. FINKEL: Objection; calls for
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`privileged information. Direct the witness not to 09:19:08
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`answer.
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`BY MS. MARTIN:
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` Q Did counsel assist you in preparing your
`
`declaration?
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` MR. FINKEL: Objection; calls for legal -- 09:19:19
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`calls for privileged information. Direct the
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`witness not to answer.
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` MS. MARTIN: Whether you assisted the
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`expert declarant in preparing his declaration is a
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`legal -- is -- is privileged information? 09:19:29
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` MR. FINKEL: What the -- what the courts
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`have said is what's important is what's in the
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`declaration. And you should question him about
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`what's the content of the declaration, not what
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`assistance, if any, counsel provided. 09:19:39
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`REALD INC.
`Exhibit 2164-22
`MASTERIMAGE 3D, et al. v REALD INC.
`IPR2015-00035
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`BY MS. MARTIN:
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` Q Mr. Brennesholtz, let me try to rephrase
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`this.
`
` Did you write every word of your
`
`declaration yourself? 09:19:46
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` A I don't believe I did, no.
`
` Q Okay. Could you estimate roughly what
`
`percentage you wrote yourself?
`
` A No, I can't.
`
` Q Did you prepare the first draft of the 09:20:01
`
`declaration?
`
` MR. FINKEL: Objection. Again, calls for
`
`privileged information. Direct the witness not to
`
`answer. Same -- same reasoning. You can ask him
`
`about the content of the declaration, whether he 09:20:12
`
`believes it and so forth.
`
` MS. MARTIN: I'm asking about whether he
`
`prepared the content.
`
` MR. FINKEL: As the courts have said, who
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`prepares drafts of declarations is not -- is not 09:20:21
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`relevant, it's privileged, it's work product.
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` MR. McCORMACK: For a testifying expert --
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` MR. FINKEL: Yes.
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` MR. McCORMACK: -- you're taking the
`
`position that it's work product whether he provided 09:20:31
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`REALD INC.
`Exhibit 2164-23
`MASTERIMAGE 3D, et al. v REALD INC.
`IPR2015-00035
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`the first draft or not?
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` MR. FINKEL: Yes.
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` MS. MARTIN: What case are you relying on
`
`for that?
`
` MR. FINKEL: If you can look at Pevarello 09:20:56
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`vs. Lan, 85 USPQ 2d 7 -- 1771 regarding draft
`
`reports.
`
` MS. MARTIN: Could we have that cite again.
`
`I'm sorry.
`
` MR. McCORMACK: USPQ 1771 -- 09:21:18
`
` MR. FINKEL: 85.
`
` MR. McCORMACK: 85 USPQ 2d.
`
`BY MS. MARTIN:
`
` Q Okay. In your opinion, did you use the
`
`best references known to you in -- in the 09:21:27
`
`declarations?
`
` A Yes.
`
` Q Okay. Is there anything in your
`
`declarations that you would want to change?
`
` A No. 09:21:42
`
` Q No revisions that you would want to make?
`
` A Not at this time, no.
`
` Q Okay. Thank you.
`
` I'll mark as Exhibit 2 United States Patent
`
`No. 7,857,455. 09:22:16
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`REALD INC.
`Exhibit 2164-24
`MASTERIMAGE 3D, et al. v REALD INC.
`IPR2015-00035
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` (Exhibit 2 was marked for identification
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` by the court reporter.)
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`BY MS. MARTIN:
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` Q Mr. Brennesholtz, are you familiar with
`
`this patent? 09:22:41
`
` A Yes, I am.
`
` Q Would it be all right with you during the
`
`course of this deposition if we refer to this as the
`
`'455 patent?
`
` A Yes. 09:22:51
`
` Q Okay. So going forward we will call
`
`Exhibit 2 the '455 patent.
`
` I'm marking as Exhibit 3 United States
`
`Patent No. 8,220,934.
`
` (Exhibit 3 was marked for identification 09:23:25
`
` by the court reporter.)
`
`BY MS. MARTIN:
`
` Q Mr. Brennesholtz, do you recognize this
`
`patent?
`
` A Yes, I do. 09:23:45
`
` Q Going forward in this deposition we will
`
`refer to Exhibit 3 as the '934 patent.
`
` Referring to -- first to Exhibit 2, please,
`
`did you prepare an expert declaration relating to
`
`Exhibit 2, the '455 patent? 09:24:11
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`REALD INC.
`Exhibit 2164-25
`MASTERIMAGE 3D, et al. v REALD INC.
`IPR2015-00035
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` A Yes, I did.
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` Q Is it your belief that the claims of the
`
`'455 patent are invalid?
`
` MR. FINKEL: Objection; form, vague.
`
`BY MS. MARTIN: 09:24:24
`
` Q Did you understand the question?
`
` A It was -- yes, I understood the question.
`
`It was my job to prepare technical opinions, not
`
`legal opinions, on the validity of -- or on the
`
`patent. 09:24:44
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` Q Okay.
`
` A And that's what's in my declaration, is
`
`the -- my technical opinions.
`
` Q Is it your technical opinion that the
`
`claims of the '455 patent are invalid? 09:24:54
`
` A The -- again, the decision on -- I'm not
`
`familiar with enough -- with patent law. I'm aware
`
`that many of the technologies or all of the
`
`technologies used in the '455 patent were used
`
`before the '455 patent was -- you know, they're old 09:25:19
`
`technologies.
`
` Q Okay. Can you summarize your belief or
`
`your technical opinion with respect to the
`
`invalidity of the '455 patent?
`
` MR. FINKEL: Objection; form, calls for a 09:25:38
`
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`REALD INC.
`Exhibit 2164-26
`MASTERIMAGE 3D, et al. v REALD INC.
`IPR2015-00035
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`legal conclusion.
`
` THE WITNESS: The '455 patent -- the key to
`
`the '455 patent is the concept of polarization
`
`conversion. Polarization conversion is a very old
`
`technology. The oldest reference I'm familiar with 09:26:02
`
`is the 1962 Jones paper, which I brought to the
`
`attention of counsel.
`
`BY MS. MARTIN:
`
` Q Okay. I'll go ahead and grab your
`
`declaration. 09:26:27
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` I'll mark as Exhibit 4 the declaration of
`
`Matthew S. Brennesholtz in support of petition for
`
`inter partes review of U.S. Patent No. 7,857,455.
`
` (Exhibit 4 was marked for identification
`
` by the court reporter.) 09:27:10
`
`BY MS. MARTIN:
`
` Q So you stated earlier that the key to the
`
`'455 patent is the polarization conversion. Is that
`
`an accurate summary?
`
` A Yes. 09:27:38
`
` Q Did you review the claims of the '455
`
`patent?
`
` A Yes, I did.
`
` Q Where in the claims of the '455 patent does
`
`it talk about polarization conversion? 09:27:51
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`REALD INC.
`Exhibit 2164-27
`MASTERIMAGE 3D, et al. v REALD INC.
`IPR2015-00035
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`Job No. 2077633
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` A If I can find the claims here.
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` Take, for example, Claim 1, a polarization
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`splitting element transmitted along a primary path
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`and a secondary path, a reflector.
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` Okay. Those are two of what are norm
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