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H I G H L Y C O N F I D E N T I A L
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` IN THE UNITED STATES DISTRICT COURT
` FOR THE EASTERN DISTRICT OF TEXAS
` MARSHALL DIVISION
`
`SOLOCRON MEDIA, LLC, : Case No.
` Plaintiff, : 2:13-cv-1059-JRG
`v. :
`VERIZON COMMUNICATIONS INC., :
`CELLCO PARTNERSHIP d/b/a :
`VERIZON WIRELESS, AT&T INC., :
`AT&T MOBILITY LLC, SPRINT :
`SPECTRUM L.P., and T-MOBILE :
`USA, INC., :
` Defendants. :
`
` H I G H L Y C O N F I D E N T I A L
` * OUTSIDE ATTORNEYS' EYES ONLY *
` PURSUANT TO PROTECTIVE ORDER
` VIDEOTAPED DEPOSITION OF 30(b)(6) DESIGNEE
` JERRY KUPSH
` Walnut Creek, California
` Friday, February 27, 2015
` 9:00 a.m.
`Reported By: Linda S. Kinkade
`Job No. 90760
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`Page 2017-001
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`DE-DESIGNATED BY VERIZON
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`Solocron Ex. 2017 - Verizon Wireless, AT&T Mobility - IPR2015-00390
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` The following is the transcript of the
`videotaped deposition of JERRY KUPSH held at the
`offices of:
`
` Regus Business Center
` 1255 Treat Boulevard
` Walnut Creek, California
`
` Taken pursuant to applicable Rules of Civil
`Procedure, before Linda S. Kinkade, Registered
`Diplomate Reporter, Certified Realtime Reporter,
`Registered Professional Reporter, Registered Merit
`Reporter and Certified Shorthand Reporter, as licensed
`by the State of California.
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`Page 3
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`APPEARANCES:
`
`On Behalf of Plaintiff:
` Tensegrity Law Group
` By: William Nelson
` 555 Twin Dolphin Drive
` Redwood Shores, CA 94065
`
`
`On Behalf of Defendant Cellco Partnership:
` Wiley Rein
` By: Kevin Anderson
` 1776 K Street Northwest
` Washington, DC 20006
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`APPEARANCES (continued):
`
`On Behalf of Verizon:
` Verizon
` By: Norman (Jack) Minnear
` Assistant General Counsel - Litigation
` 1 Verizon Way, VC54N078
` Basking Ridge, New Jersey 07920
`
`Also Present:
` Sean McGrath, Videographer
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`Page 5
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` INDEX OF EXAMINATION
`
` EXAMINATION of JERRY KUPSH PAGE
` BY MR. NELSON 10
` 243
` BY MR. ANDERSON 237
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` E X H I B I T S
`
` NO. DESCRIPTION PAGE
` Exhibit 1 Verizon's objections and 14
` responses to Solocron's
` deposition notice
` Exhibit 2 Two-page document prepared by 20
` deponent re deposition topics
` Exhibit 3 U.S. Patent Application US 36
` 2010/0075699 A1
` Exhibit 4 MMSC Overview 46
` VZW_SOLOCRON_103387 -
` VZW_SOLOCRON_103442
` Exhibit 5 Device Requirements Multimedia 142
` Messaging Services
` VZW_SOLOCRON_00071620 -
` VZW_SOLOCRON_00071732
` Exhibit 6 MMSC Performance Information 153
` Covering 2H11
` VZW_SOLOCRON_00096219 -
` VZW_SOLOCRON_00096253
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` EXHIBITS (continued)
` NO. DESCRIPTION PAGE
` Exhibit 7 Verizon Messaging Quarterly 167
` Operations Review
` VZW_SOLOCRON_00123666 -
` VZW_SOLOCRON_00123774
` Exhibit 8 MMSC Performance Information 171
` First Half 2010
` VZW_SOLOCRON_00145984 -
` VZW_SOLOCRON_00145998
` Exhibit 9 Verizon Wireless Transcoder 175
` Operations and Maintenance
` Training
` VZW_SOLOCRON_00106758 -
` VZW_SOLOCRON_00106843
` Exhibit 10 Single-page document 183
` CONFIDENTIAL
` VZW_SOLOCRON_00149837
` Exhibit 11 Color pie charts: Media Types 190
` Processed by Transcoder Cloud
` MMSCs and Media Types Processed
` by Transcoder Proxy MMSCs
` VZW_SOLOCRON_00149970
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` EXHIBITS (continued)
` NO. DESCRIPTION PAGE
` Exhibit 12 Color graphs: Cloud MMSC and 194
` Proxy MMSC VZW_SOLOCRON_00149969
` Exhibit 13 Total Verizon Wireless (CORE + 201
` ALLTEL) 2014 Data Revenue - SMS
` & MMS VZW_SOLOCRON_00149965
` Exhibit 14 Verizon Wireless New Product 211
` Development Network Response
` Form
` VZW_SOLOCRON_00058427 -
` VZW_SOLOCRON_00058436
` Exhibit 15 Feature Request Document (FRD) 216
` VZW_SOLOCRON_00146701 -
` VZW_SOLOCRON_00146705
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`Page 9
` P R O C E E D I N G S 09:18:37
` VIDEO SPECIALIST: Good morning. This 09:18:37
`marks the beginning of disc 1 of the videotaped 09:18:51
`deposition of Jerry Kupsh in the matter Solocron 09:18:54
`Media, Incorporated versus Verizon, et al., in the 09:18:58
`United States District Court for the Eastern District 09:19:01
`of Texas, Marshall Division, case number 09:19:04
`2:13-CV-1059-JRG. 09:19:11
` This deposition is being held at 1255 Treat 09:19:13
`Boulevard, Walnut Creek, California on February 27th, 09:19:17
`2015 at approximately 9:19 a.m. 09:19:20
` My name is Sean McGrath from TSG Reporting, 09:19:23
`Incorporated, and I'm the legal video specialist. The 09:19:28
`court reporter is Linda Kinkade in association with 09:19:30
`TSG Reporting. 09:19:33
` Will counsel please introduce yourselves 09:19:34
`starting with the questioning attorney. 09:19:35
` MR. NELSON: Yes, William Nelson of 09:19:38
`Tensegrity Law Group on behalf of plaintiff Solocron 09:19:41
`Media. 09:19:44
` MR. ANDERSON: Kevin Anderson from Wiley 09:19:44
`Rein on behalf of defendant Cellco Partnership, and 09:19:46
`with me I have Verizon's in-house counsel, Jack 09:19:51
`Minnear. 09:19:54
` JERRY KUPSH, 09:19:54
`
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` having been first duly sworn, was thereafter 09:19:54
`examined and testified as follows: 09:20:06
` EXAMINATION 09:20:06
`BY MR. NELSON: 09:20:06
` Q. Good morning, Mr. Kupsh. Will you state 09:20:07
`your name for the record, please? 09:20:09
` A. Jerry Kupsh. 09:20:11
` Q. Mr. Kupsh, are you an employee of Verizon? 09:20:12
` A. Yes, I am. 09:20:21
` Q. Is there a specific Verizon entity that 09:20:22
`you're an employee of? 09:20:27
` A. So on my paycheck it says Cellco 09:20:28
`Partnership, but I work -- and I don't know the exact 09:20:33
`name -- it's Verizon Corp., so I -- over the years in 09:20:39
`the same position moved from different entities within 09:20:46
`Verizon through org. changes. 09:20:50
` Q. Okay. I guess my only interest here is I 09:20:52
`want to have a name for the company you work for and I 09:20:55
`don't want to end up at the end of the day where I 09:20:58
`somehow missed something because I used the wrong 09:21:01
`Verizon name. So what would you like me to call the 09:21:04
`company you work for? 09:21:07
` A. Just Verizon. 09:21:07
` Q. Okay. Thank you. By the way, I didn't 09:21:08
`grab a realtime. 09:21:15
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` (Brief interruption.) 09:21:52
`BY MR. NELSON: 09:21:54
` Q. So I think I know the answer to this, but 09:21:56
`have you been deposed before? 09:21:59
` A. Yes, I have. 09:22:00
` Q. Okay. How many times? 09:22:01
` A. I -- I don't know the exact time but 09:22:03
`several times. I don't know the exact amount, you 09:22:08
`know. 09:22:11
` Q. Sure. 09:22:12
` A. Several cases. 09:22:12
` Q. Okay. Have you ever been deposed in a case 09:22:13
`involving a dispute over patents? 09:22:17
` A. Yes. 09:22:20
` Q. Okay. Have you ever been deposed in a 09:22:20
`dispute involving patents that concerned Multimedia 09:22:22
`Messaging Service technologies? 09:22:29
` A. I've been deposed in cases around 09:22:31
`messaging. I don't -- I don't remember, honestly, 09:22:36
`over the years, the claims of some of those cases. 09:22:38
` Q. Sure. Do you remember the last -- do you 09:22:41
`remember how long ago you were deposed in connection 09:22:48
`with the messaging-related technology? 09:22:50
` A. Over a year ago, I believe. 09:22:52
` Q. Okay. Do you recall how many cases you've 09:22:54
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`been deposed in that concerned messaging technology? 09:23:07
` A. I don't have the exact amount, but I think 09:23:12
`it's about three, and in one of the cases I was 09:23:19
`disposed multiple times. Not disposed -- deposed. 09:23:24
`Sorry. 09:23:31
` Q. We'll clean that one up. Okay. Well, I 09:23:32
`suspect, then, that you probably don't need to hear 09:23:39
`the full set of deposition ground rules from me, but 09:23:42
`there's just a few things that I'd like to run 09:23:46
`through, if that's okay with you. 09:23:48
` A. Sure. 09:23:50
` Q. Okay. First is you understand that you're 09:23:50
`under oath today? 09:23:52
` A. Yes. 09:23:54
` Q. Okay. And you understand that the court 09:23:54
`reporter is taking down every question I ask and every 09:23:58
`answer that you give? 09:24:01
` A. Yes, I do. 09:24:02
` Q. Okay. And I'd like to ask you, if you 09:24:03
`don't understand something about a question I ask or 09:24:09
`have a problem with it, will you please just let me 09:24:11
`know? 09:24:14
` A. Yeah. 09:24:14
` Q. Okay. Now your counsel -- counsels -- may 09:24:15
`make objections, they may make statements, but do you 09:24:22
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`understand that, unless you are specifically 09:24:27
`instructed not to answer the question, you are to give 09:24:28
`me what testimony you can give? Do you understand 09:24:32
`that? 09:24:34
` A. Yes. 09:24:35
` Q. I can tell this will not be too much of a 09:24:35
`problem today, but it's important that, at least for 09:24:41
`the court reporter's sake, that I do you the courtesy 09:24:45
`of waiting until you're finished with your testimony 09:24:48
`before interrupting or asking another question, and 09:24:50
`I'll ask you to do me the courtesy of letting me 09:24:53
`finish my question before you begin your testimony. 09:24:56
`Will you try to do that? 09:24:57
` A. Yeah. 09:25:00
` Q. Okay. 09:25:00
` A. Sounds fair. 09:25:01
` Q. I'll be sure to take plenty of breaks 09:25:02
`because I have a limited attention span, but if 09:25:11
`there's ever a time that you feel like you need a 09:25:13
`break or you need to walk around, will you please just 09:25:15
`let me know and I'm happy to stop. The only thing I 09:25:19
`would ask, sir, is that we not do so in the middle of 09:25:22
`a question and answer. Okay? 09:25:25
` A. Sounds fair. 09:25:26
` Q. Okay. Is there any reason you can't 09:25:27
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`proceed with your deposition today? 09:25:29
` A. No. I'm ready to do it. 09:25:30
` Q. Okay. Do you understand that you're here 09:25:33
`today to testify as to certain topics on behalf of 09:25:41
`Verizon that Solocron has asked Verizon to provide 09:25:47
`testimony on? 09:25:53
` A. Yeah, I was -- there's a notice that I was 09:25:56
`provided and there were certain -- there was a set of 09:25:59
`questions that I was asked to be deposed on. 09:26:03
` Q. Okay. 09:26:07
` (Exhibit 1 was marked for identification.) 09:26:24
` MR. NELSON: Jack, are you going to want 09:26:24
`copies? 09:26:26
` MR. MINNEAR: If you have them, I'll take 09:26:27
`it. 09:26:30
` MR. NELSON: I have. 09:26:30
`BY MR. NELSON: 09:26:31
` Q. So, Mr. Kupsh, you've been handed what's 09:26:31
`been marked as Exhibit 1. I'll represent to you it's 09:26:33
`Verizon's objections and responses to Solocron's 09:26:39
`deposition notice. My first question to you is: Have 09:26:42
`you seen this document before? 09:26:46
` MR. ANDERSON: Counsel, just to make it 09:26:50
`easier for you, he has seen the notice that you sent 09:26:51
`but not this format with objections in it. 09:26:56
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` MR. NELSON: Okay. I appreciate that. 09:27:01
` MR. ANDERSON: So he will be familiar with 09:27:02
`the topics, if that's what you wanted to ask. 09:27:03
`BY MR. NELSON: 09:27:07
` Q. So could I ask you to turn to page 27 of 09:27:07
`Exhibit 1? At the bottom of page 27 you'll see a 09:27:17
`Topic No. 17. Will you let me know when you're there, 09:27:22
`sir? 09:27:25
` A. I'm on 27, yep. 09:27:27
` Q. Okay. Do you see Topic No. 17? 09:27:29
` A. Yes. 09:27:31
` Q. Okay. Would you please read it to 09:27:32
`yourself? You don't need to read into it the record, 09:27:34
`but my question to you, sir, is do you understand that 09:27:37
`you are designated as Verizon's representative on this 09:27:39
`topic today? 09:27:41
` A. Yes. 09:27:43
` Q. And you're prepared to testify as to that 09:27:44
`topic? 09:27:46
` A. Yes. 09:27:47
` Q. Can you turn the page, please, to page 29, 09:27:47
`Topic No. 18? Would you read it to yourself and let 09:27:51
`me know when you're ready to proceed, please. 09:27:54
` A. Okay. I've finished reading it. 09:28:05
` Q. Do you understand that you are designated 09:28:07
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`as Verizon's representative to testify concerning this 09:28:09
`topic today? 09:28:11
` A. Yes, I do. 09:28:13
` Q. Are you prepared to testify as to this 09:28:13
`topic? 09:28:15
` A. Yes. 09:28:15
` Q. Turning the page to page 30, I'd like to 09:28:16
`ask you to read Topic No. 19 to yourself. Let me know 09:28:21
`when you're ready to proceed. 09:28:25
` A. Okay. I've finished reading it. 09:28:47
` Q. Do you understand that you are designated 09:28:49
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`topic today? 09:28:53
` A. I do. 09:28:54
` Q. Are you prepared to testify concerning this 09:28:54
`topic? 09:28:56
` A. Yes. 09:28:57
` Q. Okay. So the next topics I'm going to ask 09:28:57
`you about are Topics 20 through 28. So will you 09:29:02
`please flip to those topics in Exhibit 1 and let me 09:29:06
`know when you're ready to proceed. And as a way of 09:29:10
`avoiding mystery, it's going to be the same question. 09:29:14
` A. 20 through 28, right? 09:29:25
` Q. Yes, sir. 09:29:27
` A. Okay. Yeah, I've read all of them. 09:31:49
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` Q. Okay. And do you understand that you are 09:31:50
`designated to testify today on behalf of Verizon in 09:31:52
`connection with Topics No. 19 through 28? 09:31:57
` A. Yes. 09:32:06
` Q. Are you prepared to do so today? 09:32:07
` A. Yes. 09:32:08
` Q. Okay. The next two are Topics 34 and 35. 09:32:08
`Could I ask you to turn to those? Read them to 09:32:14
`yourself and let me know when you're ready to proceed. 09:32:19
` A. Okay. I've read them. On 35 -- 09:33:14
` Q. Yes. 09:33:17
` A. -- I'm not sure -- I might know some of the 09:33:17
`information on the ringtone, but I don't know if I'm 09:33:20
`prepared -- I was involved ... 09:33:23
` Q. So is it your understanding that, as to 09:33:31
`these topics, and, in particular, 35, you're here 09:33:33
`today as Verizon's representative to talk about MMS 09:33:36
`issues, correct? 09:33:38
` A. That's correct. 09:33:40
` Q. Okay. Thanks. 09:33:40
` A. Well, issues or -- 09:33:44
` Q. Perhaps that was a loose -- I understand 09:33:47
`from counsel you're not here as Verizon's 09:33:48
`representative to speak about ringtone matters. 09:33:51
`You're here to talk about MMS, correct? 09:33:55
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`Page 18
` A. That's correct. 09:33:57
` Q. Okay. We're almost done. Would you read 09:33:58
`37 through 40 to yourself, please, and let me know 09:34:04
`when you're ready to proceed. 09:34:07
` A. 37 and 38, right? 09:34:56
` Q. I've got 37 through 40. 09:34:58
` A. Okay. I just -- 09:35:03
` Q. Sure. 09:35:04
` A. Okay. I've read 37 through 40. 09:35:32
` Q. Do you understand you're here today to 09:35:34
`testify as Verizon's designated representative as to 09:35:35
`these topics? 09:35:38
` A. I do. 09:35:39
` Q. Okay. Thanks. The last two, sir, Topics 09:35:39
`42 and 43, would you read those to yourself and let me 09:35:45
`know when you're ready to proceed. 09:35:48
` A. Okay. I've read 42 and 43. 09:36:14
` Q. And do you understand that you're here 09:36:16
`today as Verizon's representative to testify 09:36:18
`concerning these topics? 09:36:21
` A. 42, yes, and 43, again, not on the ringtone 09:36:24
`portion of it. 09:36:33
` Q. Very good. Thank you. And you're prepared 09:36:34
`to testify as to 42 and 43 excepting the ringtone 09:36:36
`matters? 09:36:40
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` A. Accepting or -- 09:36:41
` Q. Excepting, excluding. 09:36:43
` A. Excluding, okay, yes. 09:36:45
` Q. So, sir, I understand also you've brought 09:36:47
`with you today a kind of a -- 09:36:50
` MR. ANDERSON: I'm sorry to interrupt you. 09:36:52
`56 as well. 09:36:55
`BY MR. NELSON: 09:36:56
` Q. Right. Let's take a look at 56, please? 09:36:56
` MR. ANDERSON: Although he won't understand 09:36:59
`that. 09:37:01
` MR. NELSON: Why don't I -- counsel, if you 09:37:01
`represent -- 09:37:02
` MR. ANDERSON: Sure. Yeah. Just to make 09:37:03
`it easier, Mr. Kupsh is designated by Verizon to talk 09:37:04
`about Topic 56, which relates to non-infringing 09:37:08
`substitutes. He can present the technical details of 09:37:12
`an alternative solution. 09:37:17
` MR. NELSON: Fair enough. Okay. 09:37:20
`BY MR. NELSON: 09:37:24
` Q. Mr. Kupsh, I understand also you brought 09:37:25
`with you a couple of pieces of paper -- I don't want 09:37:26
`to call it a cheat sheet -- but some information that 09:37:31
`you got with you that is -- relates to some of the 09:37:34
`topics you've been designated on; is that correct? 09:37:38
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` A. Yes. Yeah, some of the documents and 09:37:41
`things that would help refresh my memory on some of 09:37:43
`the topics. 09:37:46
` Q. Okay. That's fine with me. I would just 09:37:47
`like to get it marked as an exhibit. 09:37:49
` (Exhibit 2 was marked for identification.) 09:38:12
`BY MR. NELSON: 09:38:12
` Q. So I take it, sir, you created what's been 09:38:13
`marked as Exhibit 2 as part of your preparation to 09:38:18
`testify today, correct? 09:38:21
` A. Yeah. This is documents that are relevant 09:38:24
`to, I think, you know, as I reviewed the case, there's 09:38:29
`all these documents -- 09:38:32
` Q. Okay. 09:38:33
` A. -- to refresh my memory. 09:38:34
` Q. Okay. And a yes or no question. Did you 09:38:36
`create this document in conjunction with your work 09:38:44
`with your attorneys to prepare to testify today? 09:38:48
` A. Yes. 09:38:50
` Q. Okay. Sir, how long have you worked for 09:38:51
`Verizon? 09:39:00
` A. I started with Verizon -- well, I started 09:39:02
`with the companies, you know, my years of service, I 09:39:10
`started in 19 -- July 1991, but the company has gone 09:39:12
`through many name changes. 09:39:19
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` You know, when I started with the company it 09:39:21
`was PacTel or PacTel Cellular or PacTel Corp., one of 09:39:24
`those, and then it moved to AirTouch, and then it went 09:39:28
`to Verizon Wireless, and then it went to Verizon 09:39:30
`Corp., and then it went back to Wireless, and now I'm 09:39:35
`kind of in Verizon but a Verizon Wireless employee. 09:39:38
` Q. You're a Verizon Wireless employee? I'm 09:39:43
`just still trying to figure all this out. 09:39:45
` A. Yeah, it's -- you know, the companies are 09:39:47
`all coming together. I mean, we -- there's some 09:39:50
`recent org. announcements. Because I was getting, you 09:39:52
`know, one year I got three W-2s. They said we're not 09:39:57
`going to move employees, so people -- new employees 09:40:02
`that I hire are working for a different company, but 09:40:05
`eventually all the HR systems are all coming together 09:40:07
`and the benefits are harmonizing, but it's -- it's an 09:40:11
`inconvenience to employees to continue to change them, 09:40:15
`you know, what company they work for. 09:40:18
` So that's why I was thrown off on the question. 09:40:20
`I work for Cellco, you know, Partnership, which is 09:40:22
`really Wireless, but I work in Verizon leadership. 09:40:26
`It's all coming together in the recent org. 09:40:30
`announcement. 09:40:34
` Q. Understood. So I've had a look at some of 09:40:35
`the documents Verizon has produced to us, and it looks 09:40:39
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`to me like one reason you're here today is that you 09:40:42
`have had some involvement in Verizon's Multimedia 09:40:45
`Messaging Service offerings; is that fair? 09:40:51
` A. Yes.

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