throbber
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
`
`Page 1
`
` 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
`
`TSG Reporting - Worldwide - 877-702-9580
`
`1
`2
`3
`
`4 5
`
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`Page 2017-001
`
`DE-DESIGNATED BY VERIZON
`
`Solocron Ex. 2017 - Verizon Wireless, AT&T Mobility - IPR2015-00391
`
`

`

`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
`
`Page 2
`
` 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.
`
`TSG Reporting - Worldwide - 877-702-9580
`
`1 2 3 4 5 6
`
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`Page 2017-002
`
`DE-DESIGNATED BY VERIZON
`
`

`

`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
`
`Page 3
`
`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
`
`1
`
`2 3
`
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`TSG Reporting - Worldwide - 877-702-9580
`
`Page 2017-003
`
`DE-DESIGNATED BY VERIZON
`
`

`

`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
`
`Page 4
`
`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
`
`TSG Reporting - Worldwide - 877-702-9580
`
`1
`
`2 3
`
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`Page 2017-004
`
`DE-DESIGNATED BY VERIZON
`
`

`

`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
`
`Page 5
`
` INDEX OF EXAMINATION
`
` EXAMINATION of JERRY KUPSH PAGE
` BY MR. NELSON 10
` 243
` BY MR. ANDERSON 237
`
`TSG Reporting - Worldwide - 877-702-9580
`
`1
`
`2 3
`
`4
`5
`6
`
`7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`Page 2017-005
`
`DE-DESIGNATED BY VERIZON
`
`

`

`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
`
`Page 6
`
` 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
`
`TSG Reporting - Worldwide - 877-702-9580
`
`1
`
`2 3
`
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`Page 2017-006
`
`DE-DESIGNATED BY VERIZON
`
`

`

`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
`
`Page 7
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` 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
`
`TSG Reporting - Worldwide - 877-702-9580
`
`Page 2017-007
`
`DE-DESIGNATED BY VERIZON
`
`

`

`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
`
`Page 8
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` 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
`
`TSG Reporting - Worldwide - 877-702-9580
`
`Page 2017-008
`
`DE-DESIGNATED BY VERIZON
`
`

`

`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
`
`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
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`TSG Reporting - Worldwide - 877-702-9580
`
`Page 2017-009
`
`DE-DESIGNATED BY VERIZON
`
`

`

`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
`
`Page 10
` 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
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`TSG Reporting - Worldwide - 877-702-9580
`
`Page 2017-010
`
`DE-DESIGNATED BY VERIZON
`
`

`

`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
`
`Page 11
` (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
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`TSG Reporting - Worldwide - 877-702-9580
`
`Page 2017-011
`
`DE-DESIGNATED BY VERIZON
`
`

`

`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
`
`Page 12
`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
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`TSG Reporting - Worldwide - 877-702-9580
`
`Page 2017-012
`
`DE-DESIGNATED BY VERIZON
`
`

`

`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
`
`Page 13
`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
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`TSG Reporting - Worldwide - 877-702-9580
`
`Page 2017-013
`
`DE-DESIGNATED BY VERIZON
`
`

`

`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
`
`Page 14
`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
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`TSG Reporting - Worldwide - 877-702-9580
`
`Page 2017-014
`
`DE-DESIGNATED BY VERIZON
`
`

`

`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
`
`Page 15
` 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
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`TSG Reporting - Worldwide - 877-702-9580
`
`Page 2017-015
`
`DE-DESIGNATED BY VERIZON
`
`

`

`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
`
`Page 16
`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
`as Verizon's representative to testify concerning this 09:28:51
`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
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`TSG Reporting - Worldwide - 877-702-9580
`
`Page 2017-016
`
`DE-DESIGNATED BY VERIZON
`
`

`

`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
`
`Page 17
` 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
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`TSG Reporting - Worldwide - 877-702-9580
`
`Page 2017-017
`
`DE-DESIGNATED BY VERIZON
`
`

`

`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
`
`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
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`TSG Reporting - Worldwide - 877-702-9580
`
`Page 2017-018
`
`DE-DESIGNATED BY VERIZON
`
`

`

`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
`
`Page 19
` 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
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`TSG Reporting - Worldwide - 877-702-9580
`
`Page 2017-019
`
`DE-DESIGNATED BY VERIZON
`
`

`

`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
`
`Page 20
` 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
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`TSG Reporting - Worldwide - 877-702-9580
`
`Page 2017-020
`
`DE-DESIGNATED BY VERIZON
`
`

`

`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
`
`Page 21
` 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
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`TSG Reporting - Worldwide - 877-702-9580
`
`Page 2017-021
`
`DE-DESIGNATED BY VERIZON
`
`

`

`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
`
`Page 22
`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.

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket