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Highly Confidential - Attorneys' Eyes Only
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`Page 1
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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`--------------------------------------------X
`SOLOCRON MEDIA, LLC,
` PLAINTIFF,
`
` -against-
`
`VERIZON, et al., CELLCO PARTNERSHIP d.b.a.
`VERIZON WIRELESS, AT&T, INC., AT&T MOBILITY,
`LLC, SPRINT CORPORATION, SPRINT
`COMMUNICATIONS COMPANY, L.P., SPRINT
`SOLUTIONS, INC., and T-MOBILE USA, INC.,
`
` DEFENDANTS.
`--------------------------------------------X
` ***HIGHLY CONFIDENTIAL
` ATTORNEYS' EYES ONLY***
` DEPOSITION OF JOSEPH PALMIERI
` Basking Ridge, New Jersey
` Thursday, March 19, 2015
`
`Reported by:
`Rebecca Schaumloffel, RPR, CLR
`Job No: 91584
`
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`Page 2018-001
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`DE-DESIGNATED BY VERIZON
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`Solocron Ex. 2018 - Verizon Wireless, AT&T Mobility - IPR2015-00350
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`

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`Highly Confidential - Attorneys' Eyes Only
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`Page 2
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` March 19, 2015
` 2:17 p.m.
`
` Deposition of JOSEPH PALMIERI, held
`at the DOLCE BASKING RIDGE HOTEL, 300 N.
`Maple Avenue, Basking Ridge, New Jersey,
`before Rebecca Schaumloffel, a Registered
`Professional Reporter, Certified Livenote
`Reporter and Notary Public of the State of
`New York and the State of New Jersey.
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` J. PALMIERI
`A P P E A R A N C E S:
`
` TENSEGRITY LAW GROUP
` Attorneys for the Plaintiff
` 555 Twin Dolphin Drive
` Redwood Shores, California 94065
` BY: ANNAKA NAVA, ESQ.
`
` WILEY REIN
` Attorneys for the Defendant
` Cellco Partnership
` 1776 K Street, N.W.
` Washington, D.C. 20006
` BY: KARIN HESSLER, ESQ.
` KEVIN ANDERSON, ESQ.
`
` ALSO PRESENT:
`
` Norman Minnear, Esq., Verizon
`
` Dale Swindell, videographer
`
` * * *
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` J. PALMIERI
` THE VIDEOGRAPHER: This is the 02:17PM
` start of media labeled number 1 of the 02:17PM
` videotaped deposition of 02:17PM
` Joseph Palmieri in the matter Solocron 02:17PM
` Media versus Verizon, et al. This 02:17PM
` deposition is being held at 300 North 02:17PM
` Maple Avenue, Basking Ridge, 02:17PM
` New Jersey on March 19, 2015, at 02:17PM
` approximately 2:17 p.m. 02:17PM
` My name is Dale Swindell from 02:17PM
` TSG Reporting, Incorporated. I am the 02:17PM
` certified legal video specialist. The 02:17PM
` Court Reporter is Rebecca Schaumloffel 02:17PM
` in association with TSG Reporting. 02:17PM
` Will counsel please introduce 02:17PM
` yourselves. 02:17PM
` MS. NAVA: Annaka Nava from 02:17PM
` Tensegrity Law Group for plaintiff 02:17PM
` Solocron Media LLC. 02:17PM
` MS. HESSLER: Karin Hessler from 02:17PM
` Wiley Rein for Verizon. With me I 02:17PM
` have Kevin Anderson, from the same 02:17PM
` firm, and Jack Minnear who is in-house 02:17PM
` counsel for Verizon. 02:17PM
`
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` J. PALMIERI
` THE VIDEOGRAPHER: Will the 02:17PM
` Court Reporter please swear in the 02:17PM
` witness. 02:18PM
`J O S E P H P A L M I E R I, called as a
`witness, having been first duly sworn by a
`Notary Public of the State of New York, was
`examined and testified as follows:
`EXAMINATION BY
`MS. NAVA:
` Q. Good afternoon, sir. 02:18PM
` A. Good afternoon. 02:18PM
` Q. Can you please state your name 02:18PM
`and address for the record? 02:18PM
` A. Sure. Joseph Palmieri, and my 02:18PM
`address is 24 Downingtown Court in Warren, 02:18PM
`New Jersey. 02:18PM
` Q. Are you currently employed? 02:18PM
` A. Yes. 02:18PM
` Q. By whom? 02:18PM
` A. We will say Verizon. Just a 02:18PM
`number of different entities within Verizon, 02:18PM
`but I can just say I am employed by Verizon. 02:18PM
` Q. Are you aware of the specific 02:18PM
`Verizon entity which is your employer? 02:18PM
`
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` A. I think it's called Verizon 02:18PM
`Corporate Resources Group, LLC. I think 02:18PM
`that's the party that's actually on my 02:18PM
`paycheck. 02:18PM
` Q. If I refer to Verizon today, you 02:18PM
`will understand that I am referring to your 02:18PM
`employer? 02:18PM
` A. Yeah. I would -- when you say 02:18PM
`Verizon, I would think that you are referring 02:18PM
`to all the different Verizon entities. 02:18PM
` Q. Fair enough. Sir, what is your 02:18PM
`position at Verizon? 02:19PM
` A. My title is associate general 02:19PM
`counsel. 02:19PM
` Q. How long have you had that 02:19PM
`position? 02:19PM
` A. I have had that title since 02:19PM
`January of 2012. 02:19PM
` Q. And what was your position before 02:19PM
`then? 02:19PM
` A. Before that, I was assistant 02:19PM
`general counsel. 02:19PM
` Q. How long did you have that 02:19PM
`position? 02:19PM
`
`TSG Reporting - Worldwide 877-702-9580
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` A. I had that position from February 02:19PM
`of 2004. 02:19PM
` Q. And what was your position before 02:19PM
`that? 02:19PM
` A. I didn't have a position at 02:19PM
`Verizon. That's where I started at Verizon. 02:19PM
` Q. What did you do before you 02:19PM
`started at Verizon? 02:19PM
` A. So my first job was with a firm 02:19PM
`called Kenyon & Kenyon and that was in 1995 02:19PM
`until 2000, then after that I had a job with 02:19PM
`a company called Wind River Systems from 2000 02:19PM
`until 2003, and then after that I took the 02:19PM
`Verizon job. 02:19PM
` Q. You are an attorney? 02:20PM
` A. Yes. 02:20PM
` Q. Can you briefly describe your 02:20PM
`educational background? 02:20PM
` A. So I attended Penn State 02:20PM
`University from 1988 until 1992 and received 02:20PM
`a bachelors of science in electrical 02:20PM
`engineering. And then I went to law school 02:20PM
`at the University of Pennsylvania from 1992 02:20PM
`to 1995 and earned a JD. 02:20PM
`
`TSG Reporting - Worldwide 877-702-9580
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` Q. In your position as associate 02:20PM
`general counsel at Verizon, can you please 02:20PM
`describe at a high level your job 02:20PM
`responsibilities? 02:20PM
` A. So I would say at a high level, 02:20PM
`my responsibility is to provide Verizon with 02:20PM
`legal advice with respect to intellectual 02:20PM
`property issues, particularly around patents. 02:20PM
` Q. Is the Solocron versus Verizon, 02:20PM
`et al. case part of your responsibilities 02:20PM
`during the normal course of your business 02:20PM
`activities? 02:20PM
` MS. HESSLER: I am going to 02:20PM
` caution you not to reveal content of 02:20PM
` anything you have learned from 02:21PM
` attorneys working on this case. 02:21PM
` A. Okay. I think I can fairly say 02:21PM
`no, it is not part of my day-to-day 02:21PM
`responsibilities. 02:21PM
` Q. Mr. Palmieri, I am going to mark 02:21PM
`Exhibit 1. 02:21PM
` (Whereupon, Palmieri Exhibit 1, 02:21PM
` 30(b)(1) Deposition Notice was marked 02:21PM
` for identification as of this date by 02:21PM
`
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` J. PALMIERI
` the Reporter.) 02:21PM
`BY MS. NAVA: 02:21PM
` Q. Exhibit 1 is your Notice of 02:21PM
`Deposition pursuant to Rule 30(b)(1). Do you 02:21PM
`recognize this document? 02:21PM
` A. No, I haven't seen this before. 02:21PM
` Q. Do you understand that you have 02:21PM
`been noticed for deposition pursuant to 02:21PM
`Rule 30(b)(1) which allows me to ask 02:21PM
`questions regarding your personal knowledge? 02:21PM
` A. I do know that I have been 02:21PM
`noticed for deposition of a 30(b)(1). 02:21PM
` Q. You can put this to the 02:22PM
`side, sir. 02:22PM
` MS. NAVA: I would like to mark 02:22PM
` Exhibit 2, please. 02:22PM
` (Whereupon, Palmieri Exhibit 2, 02:22PM
` 30(b)6 Notice was marked for 02:22PM
` identification as of this date by the 02:22PM
` Reporter.) 02:22PM
`BY MS. NAVA: 02:22PM
` Q. Exhibit 2 is plaintiffs, Solocron 02:22PM
`Media's, Rule 30(b)6 Deposition Notice to 02:22PM
`Verizon. Do you recognize this 02:22PM
`
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`document, sir? 02:22PM
` A. I think that I do. 02:22PM
` Q. And you have seen it before? 02:22PM
` A. I believe I have. 02:22PM
` Q. You understand you have been 02:22PM
`designated as one of Verizon's corporate 02:22PM
`representatives to give deposition testimony 02:22PM
`pursuant to certain topics delineated in 02:22PM
`Exhibit 2; is that right? 02:22PM
` A. I believe that's correct. 02:22PM
`Certain topics I have been designated to talk 02:22PM
`about. 02:23PM
` Q. Is it correct you have been 02:23PM
`designated as Verizon's corporate 02:23PM
`representative as to Topics No. 36, 46 02:23PM
`through 48, 52 through 55 -- excuse me, 52 02:23PM
`through 58? 02:23PM
` A. I think that that's correct, 02:23PM
`although my counsel can correct that if 02:23PM
`that's not accurate. But I think that that's 02:23PM
`right. 02:23PM
` MS. NAVA: And, Karin, if you 02:23PM
` would like to give a representation as 02:23PM
` to the topics that Mr. Palmieri is 02:23PM
`
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` J. PALMIERI
` designated on, that would be fine. 02:23PM
` MS. HESSLER: Sure. 36, 46 02:23PM
` through 48, and then I believe we 02:23PM
` discussed with respect to 50 -- 51 -- 02:23PM
` 50 and 51, those were the contention 02:23PM
` topics that we previously talked 02:23PM
` about. I think the only other one 02:23PM
` that may fall into that category 02:24PM
` is 56. 02:24PM
` MS. NAVA: I do have some 02:24PM
` questions regarding 56, but we can 02:24PM
` take those as they come? 02:24PM
` MS. HESSLER: Sure. But 02:24PM
` otherwise what you stated was correct. 02:24PM
` Q. So if I may just try one more 02:24PM
`time for the record, you have been designated 02:24PM
`to give corporate testimony as to Topics 02:24PM
`No. 36, 46 through 48, 52 through 55, 57 and 02:24PM
`58; is that correct? 02:24PM
` A. I think that's correct, but I 02:24PM
`will defer to my counsel. 02:24PM
` MS. HESSLER: That's correct. 02:24PM
` Q. As to Topic 56 you had been 02:24PM
`previously designated as to this topic but 02:24PM
`
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` J. PALMIERI
`counsel -- your counsel appears to have 02:24PM
`dedesignated you related to this topic; is 02:25PM
`that correct? 02:25PM
` A. I am not sure, but she can 02:25PM
`certainly answer that question. 02:25PM
` MS. HESSLER: We had an 02:25PM
` understanding, based on our 02:25PM
` discussions with Will, that contention 02:25PM
` topics were being handled by the 02:25PM
` experts. So 56 we read as, you know, 02:25PM
` potential contention topic. 02:25PM
` Q. Have you been deposed before, 02:25PM
`Mr. Palmieri? 02:25PM
` A. Yes. 02:25PM
` Q. How many times? 02:25PM
` A. I would say a number. More 02:25PM
`than ten. 02:25PM
` Q. Have you given deposition 02:25PM
`testimony in patent litigations? 02:25PM
` A. Yes. 02:25PM
` Q. What proportion of the previous 02:25PM
`depositions you have given have been in 02:25PM
`relation to patent litigations? 02:25PM
` A. I would say all of them. 02:25PM
`
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` Q. Have you testified in any 02:25PM
`litigations related to patent litigations on 02:25PM
`technology related to MMS? 02:26PM
` A. I don't know. It's possible that 02:26PM
`that might have been the technology involved 02:26PM
`with some of those cases, but I don't recall 02:26PM
`MMS particularly. 02:26PM
` Q. Do you recall whether any of the 02:26PM
`cases in which you have given deposition 02:26PM
`testimony have related to ringtone 02:26PM
`technology? 02:26PM
` A. I would say same answer, it is 02:26PM
`possible, but I don't recall anything. 02:26PM
`Anywhere where that specifically was the 02:26PM
`topic. 02:26PM
` Q. As part of your job 02:26PM
`responsibilities during your employment at 02:26PM
`Verizon, have you had the opportunity to 02:26PM
`negotiate contracts? 02:26PM
` A. Yes. 02:27PM
` Q. Have you had the opportunity to 02:27PM
`negotiate patent licenses? 02:27PM
` A. Yes. 02:27PM
` Q. And you are aware that you are 02:27PM
`
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`designated as a corporate representative on 02:27PM
`topics related to licenses? 02:27PM
` A. Yes, I believe I am supposed to 02:27PM
`give testimony about some topics that involve 02:27PM
`licensing. 02:27PM
` Q. Did you do anything to prepare to 02:27PM
`give testimony today? 02:27PM
` A. Yes. So besides my general 02:27PM
`knowledge of licensing at Verizon, I did some 02:27PM
`review of some documents and met with my 02:27PM
`counsel prior to today. 02:27PM
` Q. Do you recall which documents you 02:27PM
`reviewed in preparation for your deposition 02:27PM
`today? 02:27PM
` A. So my recollection of the 02:27PM
`documents was that it included, or were 02:27PM
`called in the 30(b)6 Notice. I remember 02:27PM
`reviewing some correspondence between Verizon 02:28PM
`and some third-parties, I want to say Nokia 02:28PM
`Networks and RealNetworks. I remember I 02:28PM
`looked at a number of, I will call them, 02:28PM
`license agreements, but they had a bunch of 02:28PM
`different titles, settlement release, various 02:28PM
`titles from a number of different companies. 02:28PM
`
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`DE-DESIGNATED BY VERIZON
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`Highly Confidential - Attomeys' Eyes Only
`
`J . PALMIERI
`
`And I do remember seeing some,
`
`I will call
`
`them, pleading documents related to some
`
`cases involved with those license agreements.
`
`oooNNN NNN000300www{332
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