UNITED STATES PATENT AND TRADEMARK OFFICE
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`1
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` HUGHES NETWORK SYSTEMS, LLC and
`
` HUGHES COMMUNICATIONS, INC.,
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` Petitioner,
`
` v.
`
` CALIFORNIA INSTITUTE OF TECHNOLOGY,
`
` Patent Owner.
`
` Case IPR2015-00059
`
` Patent 7,916,781 B2
`
` CONFERENCE CALL
`
` Before KALYAN K. DESHPANDE, GLENN J. PERRY and TREVOR
`
` M. JEFFERSON, Administrative Patent Judges
`
` Washington, D.C.
`
` Friday, September 4, 2015
`
` 3:00 p.m.
`
`Job No.: 91796
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`Pages: 1 - 23
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`Reported By: Victoria L. Wilson, RMR, CRR
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`CALTECH - EXHIBIT 2030
`
`
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`1
`
` HUGHES NETWORK SYSTEMS, LLC and
`
` HUGHES COMMUNICATIONS, INC.,
`
` Petitioner,
`
` v.
`
` CALIFORNIA INSTITUTE OF TECHNOLOGY,
`
` Patent Owner.
`
` Case IPR2015-00059
`
` Patent 7,916,781 B2
`
` CONFERENCE CALL
`
` Before KALYAN K. DESHPANDE, GLENN J. PERRY and TREVOR
`
` M. JEFFERSON, Administrative Patent Judges
`
` Washington, D.C.
`
` Friday, September 4, 2015
`
` 3:00 p.m.
`
`Job No.: 91796
`
`Pages: 1 - 23
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`Reported By: Victoria L. Wilson, RMR, CRR
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`CALTECH - EXHIBIT 2030
`
`
`
`Conference Call
`Conducted on September 4, 2015
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` CONFERENCE CALL Before KALYAN K. DESHPANDE, GLENN
`
`J. PERRY, and TREVOR M. JEFFERSON, Administrative
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`Patent Judges, reported from the offices of:
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`2
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` WILSON, SONSINI, GOODRICH & ROSATI
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` 1700 K Street, NW
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` Fifth Floor
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` Washington, DC 20006
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` (202) 973-8800
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` Pursuant to notice, before Victoria L. Wilson,
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`Registered Merit Reporter, Certified Realtime
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`Reporter, Notary Public in and for the District of
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`Columbia.
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`Conference Call
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` A P P E A R A N C E S
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` ON BEHALF OF THE PETITIONER:
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` ELIOT D. WILLIAMS, ESQUIRE (by phone)
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` G. HOPKINS GUY, ESQUIRE (by phone)
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` BAKER BOTTS, LLP
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` Building One
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` 1001 Page Mill Road
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` Suite 200
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` Palo Alto, CA 94304
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` (650) 739-7500
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`ON BEHALF OF THE PATENT OWNER:
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` MICHAEL T. ROSATO, ESQUIRE (by phone)
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` WILSON SONSINI GOODRICH & ROSATI
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` 701 Fifth Avenue
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` Suite 5100
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` Seattle, WA 98104
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` (206) 883-2529
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`Conference Call
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` A P P E A R A N C E S C O N T I N U E D
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` ON BEHALF OF THE PATENT OWNER:
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` MATTHEW A. ARGENTI, ESQUIRE (by phone)
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` WILSON SONSINI GOODRICH & ROSATI
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`4
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` 650 Page Mill Road
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` Palo Alto, CA 94304
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` (650) 354-4154
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` RICHARD TORCZON, ESQUIRE
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` WILSON SONSINI GOODRICH & ROSATI
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` 1700 K Street, NW
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` Fifth Floor
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` Washington, DC 20006-3817
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` P R O C E E D I N G S
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` JUDGE PERRY: This is Judge Perry. I'm
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`convening a conference call on IPR2015-00059, Hughes
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`versus Cal Tech.
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` Who do we have on the line for petitioner?
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` MR. WILLIAMS: For petitioner, this is Eliot
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`Williams and Hopkins Guy of Baker Botts.
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` JUDGE PERRY: Okay. And who do we have on
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`for patent owner?
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` MR. ROSATO: Good morning, your Honor. For
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`patent owner, this is Mike Rosato, and I have with me
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`Matthew Argenti and Rick Torczon. And we should have
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`a court reporter on the line, as well.
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` MR. TORCZON: We do.
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` JUDGE PERRY: Okay. Since you have a court
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`reporter on the line, please file a transcript as an
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`exhibit.
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` MR. ROSATO: We will do so, your Honor.
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` JUDGE PERRY: Okay. Petitioner, you
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`requested the call. Why don't you begin and tell us
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`the purpose of the call.
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` MR. WILLIAMS: Certainly. Your Honor, thank
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`you for making yourself available this afternoon
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`before this long weekend.
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` JUDGE PERRY: Let me interrupt you. I
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`forgot to mention that we also have on the line the
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`rest of the panel, Judges Deshpande and Jefferson.
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`They're calling from different locations than I am, so
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`I want to invite them to please feel free to chime in
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`and interrupt whenever they -- they are so moved.
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` Please -- please continue now. Thank you.
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` MR. WILLIAMS: Sure. Thank you. And this
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`is, again, Eliot Williams for the petitioner.
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` So the reason for requesting the call is
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`petitioner would like to file a motion for some
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`additional discovery and which would require, also,
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`the issuance of a subpoena because we would like to
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`take discovery from two or three non-parties who are
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`authors of the primary prior art reference that is at
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`issue in the proceeding.
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` So that reference is the Divsalar reference.
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`It was presented at the Allerton conference which --
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`the proceedings of which were subsequently published
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`in a printed publication.
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` The patent owner has continued to dispute
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`the publication date of that reference, and, so, in
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`view of that, we think it's important to seek the
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`additional discovery of the authors of that reference.
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` So our intention would be to file a motion
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`for a very carefully tailored document request and
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`deposition of the authors, seeking documents about the
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`preparation, submission, presentation, and publication
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`of the reference, and, so, seeking any documents
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`relating to those issues, as well as the deposition of
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`the three witnesses on that topic.
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` Just by way of background, we understand
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`that -- the three authors are Divsalar, Jin, and
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`McEliece. We understand that Mr. Jin is not
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`affiliated -- all three were at one point, or still
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`are, affiliated with Cal Tech, except Mr. Jin is no
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`longer affiliated with California Tech, so, upon
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`further consideration, I think what we would propose
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`to do is to not seek a subpoena or discovery from
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`Mr. Jin but, instead, would seek to take discovery
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`from the other two authors, Mr. Divsalar and
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`Mr. McEliece.
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` One of those, Mr. McEliece, is an inventor
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`on the patent in suit here -- on the patent challenge
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`here, the '781 patent, and both Mr. McEliece and
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`Mr. Divsalar are affiliated with Cal Tech. So that --
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`that's the request.
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` JUDGE PERRY: Before I go to patent owner,
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`aren't we a bit far downstream to be seeking discovery
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`on this issue?
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` MR. WILLIAMS: Well, I don't -- I don't
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`think so, your Honor. We did submit, of course, a
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`declaration from a librarian authenticating the
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`document and establishing a publication date with the
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`petition. The board had institute based on that
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`declaration, so we're somewhat surprised that the
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`patent owner continues in their response to challenge
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`the publication date, especially given that, you know,
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`the publication is by one of the inventors and -- of
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`the patent here.
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` But certainly time still remains in the case
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`before petitioner's reply is due, and so our -- the
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`request would be to take that discovery in time to
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`have it ready for our reply brief.
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` JUDGE PERRY: Okay. Let me hear from the
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`patent owner then.
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` MR. ROSATO: Thank you, your Honor. So I
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`mean a couple points here. I completely agree that
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`this is -- this is very late in the proceeding and,
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`you know, establishing that a -- a reference is a
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`printed publication and available for review is really
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`a threshold showing that should be set forth in its
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`entirety in the petition, and here we are in the reply
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`stage and we're facing an extraordinary request that
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`the petitioner would like to embark on a discovery
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`campaign to make that threshold showing that the
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`reference they're submitting is a printed publication.
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` This is very late in the process. I haven't
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`heard why this is necessary. The standard for -- for
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`this type of discovery is in the interest of justice,
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`and I'm not hearing the explanation for that.
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` What I did hear, however, is an explanation
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`that -- that this reference was, according to the
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`petitioner, presented at the conference and then
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`subsequently published. And that's an important point
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`of distinction because that's exactly what is set
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`forth in our patent owner response, and that's
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`important for a couple reasons.
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` One is because the board did institute on
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`the basis that the publication occurred at the
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`conference, which just is not the case. And as
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`Mr. Williams explained, they did, in fact, submit the
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`declaration of the librarian in an attempt to identify
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`the publication date.
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` Now, the problem with that is we, as we
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`pointed out in our briefing, both at the preliminary
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`response and the patent owner response, there are
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`deficiencies with that testimony, such that it is
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`insufficient to establish the publication date or
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`establish its reference as a printed publication as
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`they have asserted.
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` We sought to depose that witness. We
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`requested cross-examination in a timely manner. And
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`the petitioner refused to produce the witness. Now,
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`the -- they may try to explain the circumstances
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`surrounding that. We were not really provided with
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`those circumstances other than being told that if we
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`want that witness, we have to subpoena the witness.
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` JUDGE PERRY: Let me interrupt you and --
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`just a moment and get back to the petitioner.
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` Petitioner, let me hear from you as to why
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`your request is in the interest of justice at this
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`point and why you did not make -- I presume it's the
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`librarian witness available for cross-examination by
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`the patent owner.
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` MR. WILLIAMS: Sure. So let me address the
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`second thing first, if I might. So we don't,
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`unfortunately, control the librarian who gave us the
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`declaration. She's an employee of a library, of the
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`university library. We did -- we did request the
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`declaration through the library's general counsel
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`office and got the declaration that's submitted with
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`our petition.
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` When the patent owner requested her
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`deposition, we reached out again through that office
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`and was told that they were unwilling to appear
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`voluntarily but would appear if subpoenaed. We
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`informed patent owner of that fact and agreed to
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`cooperate with them in subpoenaing the witness and
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`making her available for the deposition but, for
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`whatever reason, the patent owner elected not to do
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`that. So that's -- that's the answer to, I think, the
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`question of the librarian.
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` As to why the request is in the interest of
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`justice, I mean I could walk through the Garmin
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`Factors in particular, but I think the main reason
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`it's in the interest of justice is because the
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`knowledge of, you know, the facts surrounding the
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`publication of this reference are uniquely in the
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`possession of -- of Cal Tech, the patent owner here.
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`This is a prior art reference that one of the
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`inventors is the author of and --
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` JUDGE PERRY: Pardon me, counsel. Isn't
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`petitioner -- doesn't petitioner have the burden of
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`establishing that a document is a publication
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`available for use in an IPR?
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` MR. WILLIAMS: Yes. We agree that we do
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`have the burden to show that a publication -- that the
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`document is a publication and, you know, we
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`attempted -- we attempted to do that and we think we
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`did do that with our petition by getting a declaration
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`from a librarian who has the document in their
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`possession with a publication date that was testified
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`to in a declaration.
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` You know, the problem that we face, as
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`petitioner, is that there is no subpoena power at the
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`institution phase prior to filing the petition. So,
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`you know, we believe we complied with our burden and,
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`you know, the board in the institution decision did
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`find that the evidence we submitted showed a
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`reasonable likelihood that that document was a
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`publication.
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` So now that there has been institution and
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`the patent owner has in their response recently
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`continued to dispute the publication date, we believe
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`discovery -- you know, a very narrowly tailored and
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`limited discovery here of, you know, the author of the
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`document at issue would be in the interest of justice
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`to establish that, in fact, you know, the document was
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`a publication, a printed publication.
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` JUDGE PERRY: Okay. You said there were two
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`of these three potential witnesses who are still with
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`the patent owner; is that correct?
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` MR. WILLIAMS: Yeah. So that -- I can tell
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`you what our understanding is. Robert McEliece is
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`both an inventor on the '781 patent and is a named
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`author on the document, and we understand he -- he is
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`still affiliated with Cal Tech, although I've recently
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`heard that he might either be retiring or experiencing
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`health issues. So I'm happy to hear from counsel for
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`patent owner on that question.
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` The other --
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` JUDGE PERRY: Let me interrupt you. So
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`before -- before you came to us, did you engage in any
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`discussions with counsel for the patent owner to see
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`if you could take this discovery by agreement?
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` MR. WILLIAMS: So I reached out to patent
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`owner when I asked to set up the call and asked if
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`they would, you know, represent these parties or
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`accept subpoenas. They didn't respond to that
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`question and, instead, just provided us with the time
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`when they would be available for the call.
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` JUDGE PERRY: Okay.
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` MR. WILLIAMS: So, I think in terms of the
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`other Garmin Factors, I mean clearly -- you know, the
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`witnesses who we're seeking to take discovery of are
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`uniquely in the control of patent owner. They're
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`likely to be the witnesses most knowledgeable about
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`the publication of this document since they're the
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`authors of it.
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` We're not seeking anything like litigation
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`positions or contentions of law here, we're really
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`just trying to get at the core facts that relate to
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`publication of the document.
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` As I said, we've exhausted what we think are
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`the other means that are available to us to prove this
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`up without the ability to subpoena the authors.
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` JUDGE PERRY: What other means were those?
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` MR. WILLIAMS: The means were attempting to
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`find librarians who could authenticate the document
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`voluntarily.
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` JUDGE PERRY: You mean librarians other than
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`the one whom you put declaration testimony in from?
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` MR. WILLIAMS: Right. In the course of
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`preparing the petition, we did attempt to find other
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`librarians to provide a declaration voluntarily and
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`were not successful.
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` JUDGE PERRY: Uh-huh.
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` MR. WILLIAMS: We think that the issues here
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`are very narrow. We think that the discovery will be
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`simple to understand and, you know, we, obviously,
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`would be willing to limit the time of the deposition
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`to a reasonable amount of time; one or two hours with
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`the witness should be more than sufficient.
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` JUDGE PERRY: All right. Let me now hear
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`from the patent owner. Are -- patent owner's counsel,
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`are you willing to make available at least the two
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`potential witnesses that are still with Cal Tech?
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` MR. ROSATO: I'm -- I would have to confer
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`with our client. We would have to explore that issue
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`first, but I can tell you, your Honor, counsel did
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`correctly note that one of the witnesses is having
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`health concerns. And they know this because in the
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`course of litigation, they have gone through
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`depositions with all of these witnesses. Dr. Divsalar
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`has been deposed twice in the context of litigation.
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` And, you know, if we're going to return to
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`the Garmin Factors, one of them is undue burdensome
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`nature of the request. And, you know, I would return
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`to the fact that petitioner had a witness that they
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`relied on. They had means to address this on their
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`own. It's their witness.
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` It's not our responsibility to go chase
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`witnesses down and subpoena and compel their
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`testimony. There was no cooperation on that issue.
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`So this is -- seems to be, you know, just added burden
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`and running up costs and expense, you know, on -- on
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`Cal Tech, a university entity here, when it's all
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`completely unnecessary.
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` This is -- there's a reason why the statute
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`limits IPRs to printed publications and not public use
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`type invalidity attacks. And petitioner is
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`essentially trying to advance a public use case and
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`fit that round peg into a square hole, which is
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`precisely why they can't find a librarian in the
`
`country to back up their petition.
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` So we think this is all belated, untimely.
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`They have other means, if they wanted to produce her,
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`they just have not, and they've already had their
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`opportunity to depose these witnesses and did so
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`multiple times. So I'm just not seeing this as being
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`a sensible or a fair request.
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` JUDGE PERRY: I believe Judge Jefferson has
`
`a question he'd like to ask.
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` JUDGE JEFFERSON: Petitioner, this is Judge
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`Jefferson. Is it your position that you are not able
`
`to subpoena the Texas librarian by -- by yourselves on
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`behalf of petitioner?
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` MR. WILLIAMS: So -- so I guess what I would
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`say is we're only aware of this issue coming up in one
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`other PTAB case. It was Marvelle versus Intellectual
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`Ventures, which was IPR2014-00553. Very similar
`
`facts. Petitioner did have a declaration of a
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`librarian. The librarian refused to cooperate
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`voluntarily for the deposition, and the patent owner
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`then subpoenaed the librarian and was, therefore, made
`
`available for deposition. So that's what we
`
`understood the procedures to be on these facts.
`
` Could we have subpoenaed her or requested
`
`leave from the board to subpoena her? I think the
`
`answer is yes, but, again, we already have her direct
`
`testimony by declaration, which does establish a
`
`publication date of this document that's, you know,
`
`well within the critical time period.
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` So the request was to cross-examine the
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`witness, presumably to attack some aspect of her
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`testimony, and that was something that the patent
`
`owner apparently wanted to do, and so we -- we told
`
`them we would certainly not oppose the request and
`
`would cooperate with them in seeking the subpoena, but
`
`no such request was forthcoming.
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` And if I could just respond to the issue of
`
`the prior depositions of Mr. Divsalar. So, I think
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`that's a reference to the district court litigation.
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`There is a protective order in place in that
`
`litigation.
`
` I'm not -- this is Eliot Williams again. I
`
`am not -- I've not appeared in that district court
`
`litigation. I'm not able to review documents that
`
`were covered by the protective order, including the
`
`deposition of Dr. Divsalar. I don't know what he was
`
`deposed about. I don't know if he gave testimony on
`
`this topic. And I assume he did not. If he did give
`
`deposition testimony on that topic and patent owner is
`
`in possession of it, then I would certainly like to
`
`see a copy of it.
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`Conducted on September 4, 2015
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` JUDGE PERRY: Okay. Thank you. Anything
`
`further from patent owner?
`
` MR. ROSATO: Yeah. Just going back to the
`
`standard here, your Honor, in the interest of justice,
`
`you know, what I heard petitioner say is they think
`
`that their case, as it stands, is sufficient. If
`
`that's the case, why do we need additional discovery?
`
`So if they think their case is sufficient as it
`
`stands, then we shouldn't even be having this
`
`conversation because there is no way in which the
`
`interest-of-justice standard has been met here. It's
`
`an unnecessary thing according to that description.
`
` If, on the other hand, it is necessary, it's
`
`only necessary because the petitioner's case, as it
`
`stands today, is facially defective. We think that is
`
`the case, as a matter of fact, but we don't think it's
`
`something that can be rectified by a late stage
`
`discovery campaign. In fact, the appropriate action
`
`at this point, in our view, would be a termination of
`
`the proceeding and vacating the decision instituting
`
`trial.
`
` JUDGE PERRY: Okay. Thank you very much.
`
`PLANET DEPOS
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`Conference Call
`Conducted on September 4, 2015
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` I think what we're going to do, we're not
`
`going to decide this at the -- the ultimate issue on
`
`the phone today, but what we would like to have is a
`
`motion from the petitioner within the next three days
`
`and then a response from the patent owner within five
`
`business days after that, at three business days, and
`
`we will then make a decision on that motion as to
`
`whether or not to allow further discovery at this
`
`point.
`
` In your -- in your motion, petitioner,
`
`please address the interest-of-justice standard and --
`
`and discuss precisely why this discovery is necessary,
`
`and be mindful of how targeted it should be.
`
` Anything further from patent owner?
`
` MR. ROSATO: No, your Honor. Thank you.
`
` JUDGE PERRY: Petitioner?
`
` MR. WILLIAMS: No, your Honor. Thank you.
`
` JUDGE PERRY: Okay. That concludes the
`
`call. Thank you very much for your participation.
`
` MR. ROSATO: Thank you.
`
` (Off the record at 3:20 p.m.)
`
`PLANET DEPOS
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`Conducted on September 4, 2015
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`
` CERTIFICATE OF SHORTHAND REPORTER-NOTARY PUBLIC
`
` I, Victoria L. Wilson, Registered Merit
`
`Reporter and Certified Realtime Reporter, Notary
`
`Public with and for the District of Columbia, do
`
`hereby certify:
`
` That I am the officer before whom the
`
`foregoing proceedings were taken, do hereby certify
`
`that the foregoing transcript is a true and correct
`
`record of the proceedings; and that said proceedings
`
`were taken by me stenographically and thereafter
`
`reduced to typewriting under my direction.
`
` I further certify that both the petitioner
`
`and patent owner were represented by counsel at these
`
`proceedings.
`
` I further certify that the proceedings
`
`occurred via telephone at the offices of Wilson,
`
`Sonsini, Goodrich & Rosati, 1700 K Street, NW, Fifth
`
`Floor, Washington, DC, on Friday, September 4, 2015,
`
`commencing at 3:00 p.m. to 3:20 p.m.
`
` I further certify that I am not related to
`
`any of the parties to this action by blood or
`
`marriage, I am not employed by or an attorney to any
`
`PLANET DEPOS
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`Conducted on September 4, 2015
`
`23
`
`of the parties to this action, and that I am in no way
`
`interested, financially or otherwise, in the outcome
`
`of this matter.
`
`IN WITNESS WHEREOF, I have hereunto set my hand this
`
`5th day of September, 2015.
`
`My commission expires January 31, 2019.
`
`______________________________
`
`VICTORIA L. WILSON
`
`NOTARY PUBLIC IN AND FOR
`
`THE DISTRICT OF COLUMBIA
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`Conference CallConference Call
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`Conducted on September 4, 2015Conducted on September 4, 2015
`
`24
`
`blood
`22:21
`board
`1:2 8:13 10:3 13:7
`18:18
`both
`8:3 10:10 14:2 22:12
`Botts
`3:5 5:7
`brief
`8:22
`briefing
`10:10
`Building
`3:6
`burden
`12:14,18 13:6 17:6
`burdensome
`16:20
`business
`21:6,6
`B2
`1:11
`
`C
`
`C 3
`
`:1 4:1,1 5:1
`CA
`3:9 4:6
`Cal
`5:4 7:16 8:4 12:10 14:4
`16:10 17:8
`California
`1:8 7:17
`call
`1:13 2:1 5:3,20,21 6:12
`14:14,18 21:19
`calling
`6:6
`came
`14:10
`campaign
`9:12 20:18
`carefully
`7:6
`case
`1:10 8:19 10:5 17:13
`18:9 20:6,7,8,14,16
`
`15:14
`authenticating
`8:11
`author
`12:12 13:15 14:3
`authors
`6:17 7:4,7,13,21 15:4
`15:11
`available
`6:1 9:7 11:6,22 12:16
`14:18 15:10 16:9
`18:15
`Avenue
`3:15
`aware
`18:8
`
`B
`
`back
`11:2 17:16 20:3
`background
`7:12
`Baker
`3:5 5:7
`based
`8:13
`basis
`10:4
`because
`6:15 9:22 10:3 12:7
`16:15 20:10,14
`been
`13:11 16:18 20:11
`before
`1:2,14 2:1,15 6:2 8:6
`8:20 14:10,10 22:6
`begin
`5:20
`behalf
`3:2,12 4:2 18:6
`being
`10:21 17:21
`belated
`17:17
`believe
`13:6,13 18:1
`bit
`8:7
`
`A
`
`ability
`15:11
`able
`18:4 19:15
`about
`7:7 15:2 19:18
`accept
`14:16
`according
`9:19 20:12
`action
`20:18 22:21 23:1
`added
`17:6
`additional
`6:14 7:4 20:7
`address
`11:8 17:1 21:11
`Administrative
`1:15 2:2
`advance
`17:13
`affiliated
`7:15,16,17 8:4 14:4
`after
`21:6
`afternoon
`6:1
`again
`6:11 11:17 18:19 19:13
`agree
`9:4 12:17
`agreed
`11:20
`agreement
`14:12
`all
`7:15 16:7,17 17:8,17
`Allerton
`6:20
`allow
`21:8
`already
`17:19 18:19
`also
`6:4,14
`
`although
`14:4
`Alto
`3:9 4:6
`amount
`16:5
`answer
`12:2 18:19
`any
`7:9 14:10 22:21,22
`anything
`15:5 20:1 21:14
`apparently
`19:4
`APPEAL
`1:2
`appear
`11:18,19
`appeared
`19:14
`appropriate
`20:18
`Argenti
`4:3 5:12
`art
`6:17 12:11
`asked
`14:14,14
`aspect
`19:2
`asserted
`10:15
`assume
`19:19
`attack
`19:2
`attacks
`17:12
`attempt
`10:7 15:19
`attempted
`12:20,20
`attempting
`15:13
`attorney
`22:22
`authenticate
`
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`PLANET DEPOSPLANET DEPOS
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`
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`25
`
`18:19
`direction
`22:11
`discovery
`6:14,16 7:4,19,20 8:7
`8:21 9:11,16 13:14,15
`14:12,22 16:2 20:7,18
`21:8,12
`discuss
`21:12
`discussions
`14:11
`dispute
`7:1 13:13
`distinction
`9:22
`district
`2:17 19:10,14 22:4
`23:12
`Divsalar
`6:19 7:13,21 8:4 16:17
`19:9,17
`document
`7:6 8:12 12:15,19,22
`13:9,16,17 14:3 15:3
`15:8,14 18:21
`documents
`7:7,9 19:15
`down
`17:4
`downstream
`8:7
`Dr
`16:17 19:17
`due
`8:20
`D.C
`1:16
`
`E
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`E 3
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`:1,1 4:1,1,1 5:1,1
`either
`14:5
`elected
`12:1
`Eliot
`3:3 5:6 6:11 19:13
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`Conference Call
`Conducted on September 4, 2015
`
`18:22
`cross-examination
`10:17 11:6
`cross-examine
`19:1
`CRR
`1:22
`
`D
`
`D 3
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`:3 4:1 5:1
`date
`7:2 8:12,16 10:8,13
`13:1,13 18:21
`day
`23:5
`days
`21:4,6,6
`DC
`2:9 4:13 22:18
`decide
`21:2
`decision
`13:7 20:20 21:7
`declaration
`8:11,14 10:7 11:11,13
`11:14 12:21 13:2
`15:17,20 18:11,20
`defective
`20:15
`deficiencies
`10:12
`depose
`10:16 17:20
`deposed
`16:18 19:18
`deposition
`7:7,10 11:17,22 16:4
`18:13,15 19:17,20
`depositions
`16:17 19:9
`description
`20:12
`Deshpande
`1:14 2:1 6:5
`different
`6:6
`direct
`
`contentions
`15:6
`context
`16:18
`continue
`6:9
`continued
`7:1 13:13
`continues
`8:15
`control
`11:10 15:1
`convening
`5:3
`conversation
`20:10
`cooperate
`11:21 18:12 19:6
`cooperation
`17:5
`copy
`19:22
`core
`15:7
`correct
`13:21 22:8
`correctly
`16:14
`costs
`17:7
`could
`12:5 14:12 15:14 18:17
`19:8
`counsel
`11:13 12:13 14:6,11
`16:8,13 22:13
`country
`17:16
`couple
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`course
`8:10 15:18 16:16
`court
`5:13,15 19:10,14
`covered
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`critical
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`PLANET DEPOS
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`certainly
`5:22 8:19 19:5,21
`CERTIFICATE
`22:1
`Certified
`2:16 22:3
`certify
`22:5,7,12,15,20
`challenge
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`chase
`17:3
`chime
`6:7
`circumstances
`10:19,21
`clearly
`14:21
`client
`16:12
`Columbia
`2:18 22:4 23:12
`coming
`18:8
`commencing
`22:19
`commission
`23:6
`COMMUNICATIO...
`1:5
`compel
`17:4
`completely
`9:4 17:9
`complied
`13:6
`concerns
`16:15
`concludes
`21:18
`confer
`16:11
`conference
`1:13 2:1 5:3 6:20 9:20
`10:5
`consideration
`7:18
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`
`
`26
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`14:6 16:15
`hear
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`heard
`9:15 14:5 20:5
`hearing
`9:17
`here
`8:2,3,18 9:4,9 12:10
`13:15 15:6 16:1 17:8
`20:4,11
`hereby
`22:5,7
`hereunto
`23:4
`hole
`17:14
`Honor
`5:10,18,22 8:10 9:3
`16:13 20:4 21:15,17
`Hopkins
`3:4 5:7
`hours
`16:5
`Hughes
`1:4,5 5:3
`
`I
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`identify
`10:7
`important
`7:3 9:21 10:2
`INC
`1:5
`including
`19:16
`informed
`11:20
`instead
`7:20 14:17
`institute
`1:8 8:13 10:3
`instituting
`20:20
`institution
`13:5,7,11
`insufficient
`10:13
`
`Conference Call
`Conducted on September 4, 2015
`
`forthcoming
`19:7
`free
`6:7
`Friday
`1:17 22:18
`further
`7:18 20:2 21:8,14
`22:12,15,20
`
`G
`
`G 3
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`:4 5:1
`Garmin
`12:5 14:21 16:20
`gave
`11:10 19:18
`general
`11:13
`getting
`12:21
`give
`19:19
`given
`8:16
`GLENN
`1:14 2:1
`go
`8:6 17:3
`going
`16:19 20:3 21:1,2
`gone
`16:16
`Good
`5:10
`Goodrich
`2:6 3:14 4:4,10 22:17
`guess
`18:7
`Guy
`3:4 5:7
`
`H
`
`hand
`20:13 23:4
`happy
`14:6
`health
`
`16:12
`extraordinary
`9:10
`
`F
`
`face
`13:3
`facially
`20:15
`facing
`9:10
`fact
`10:6 11:20 13:17 16:22
`20:16,18
`Factors
`12:6 14:21 16:20
`facts
`12:8 15:7 18:11,16
`fair
`17:22
`far
`8:7
`feel
`6:7
`Fifth
`2:8 3:15 4:12 22:17
`file
`5:16 6:13 7:5
`filing
`13:5
`financially
`23:2
`find
`13:8 15:14,19 17:15
`first
`11:9 16:13
`fit
`17:14
`five
`21:5
`Floor
`2:8 4:12 22:18
`foregoing
`22:7,8
`forgot
`6:4
`forth
`9:8 10:1
`
`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`embark
`9:11
`employed
`22:22
`employee
`11:11
`engage
`14:10
`entirety
`9:9
`entity
`17:8
`especially
`8:16
`ESQUIRE
`3:3,4,13 4:3,9
`essentially
`17:13
`establish
`10:13,14 13:17 18:20
`establishing
`8:12 9:6 12:15
`even
`20:9
`evidence
`13:8
`exactly
`9:22
`except
`7:16
`exhausted
`15:9
`exhibit
`5:17
`expense
`17:7
`experiencing
`14:5
`expires
`23:6
`explain
`10:19
`explained
`10:6
`explanation
`9:17,18
`explore
`
`
`
`Conference Call
`Conducted on September 4, 2015
`
`27
`
`mention
`6:4
`Merit
`2:16 22:2
`met
`20:11
`MICHAEL
`3:13
`might
`11:9 14:5
`Mike
`5:11
`Mill
`3:7 4:5
`mindful
`21:13
`moment
`11:2
`morning
`5:10
`motion
`6:13 7:5 21:4,7,10
`moved
`6:8
`multiple
`17:21
`
`N
`
`N 3
`
`:1 4:1,1,1 5:1
`named
`14:2
`narrow
`16:2
`narrowly
`13:14
`nature
`16:21
`necessary
`9:15 20:13,14 21:12
`need
`20:7
`NETWORK
`1:4
`next
`21:4
`non-parties
`6:16
`
`11:13
`likelihood
`13:9
`limit
`16:4
`limited
`13:15
`limits
`17:11
`line
`5:5,13,16 6:4
`litigation
`15:5 16:16,18 19:10,12
`19:15
`LLC
`1:4
`LLP
`3:5
`locations
`6:6
`long
`6:2
`longer
`7:17
`
`M
`
`M 1
`
`:15 2:2
`main
`12:6
`making
`6:1 11:22
`manner
`10:17
`marriage
`22:22
`Marvelle
`18:9
`matter
`20:16 23:3
`Matthew
`4:3 5:12
`McEliece
`7:14,22 8:1,3 14:1
`mean
`9:4 12:5 14:21 15:16
`means
`15:10,12,13 17:1,18
`
`Judge
`5:2,2,8,15,19 6:3 8:6
`9:1 11:1 12:13 13:19
`14:9,19 15:12,16,22
`16:7 18:1,1,3,3 20:1
`20:22 21:16,18
`Judges
`1:15 2:3 6:5
`justice
`9:16 11:4 12:5,7 13:16
`20:4
`
`K
`
`K 1
`
`:14 2:1,7 4:11 22:17
`KALYAN
`1:14 2:1
`know
`8:16 9:6 12:8,19 13:3,6
`13:7,14,15,17 14:15
`14:21 16:3,15,19,21
`17:6,7 18:21 19:17,18
`20:5
`knowledge
`12:8
`knowledgeable
`15:2
`
`L
`
`L 1
`
`:22 2:15 22:2 23:10
`late
`9:5,14 20:17
`law
`15:6
`least
`16:9
`leave
`18:18
`librarian
`8:11 10:7 11:6,10 12:3
`12:22 17:15 18:5,12
`18:12,14
`librarians
`15:14,16,20
`library
`11:11,12
`library's
`
`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`Intellectual
`18:9
`intention
`7:5
`interest
`9:16 11:4 12:4
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