`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`10
`
`11
`
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` HOWELL - 11/24/15
` UNITED STATES PATENT AND TRADEMARK OFFICE
` -----------------------------
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
` -----------------------------
`
`Page 1
`
`MICROSOFT CORPORATION,
`
` Petitioner,
`
`vs.
`
`PARALLEL NETWORKS LICENSING, LLC,
`
` Patent Owner.
`------------------------------
` Case IPR2015-00483
` Patent No. 5,894,554
`
` Case IPR2015-00485
` Patent No. 6,415,335
`
` DEPOSITION OF RONALD HOWELL
` DALLAS, TEXAS
` November 24, 2015
`
`Reported by: Susan S. Klinger, RMR-CRR, CSR
`Job No. 100590
`
`TSG Reporting - Worldwide 877-702-9580
`
`Microsoft v. Parallel Networks, IPR2015-00483 and IPR2015-00485
`Petitioner Microsoft Corporation - Ex. 1086, p. 1
`
`
`
` HOWELL - 11/24/15
`
`Page 2
`
` November 24, 2015
` 10:00 a.m.
`
` Deposition of RONALD HOWELL, held at the
`offices of Sidley Austin LLP, 2001 Ross
`Avenue, Dallas, Texas, before Susan S. Klinger,
`a Registered Merit Reporter and Certified
`Realtime Reporter of the State of Texas.
`
`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
`
`Microsoft v. Parallel Networks, IPR2015-00483 and IPR2015-00485
`Petitioner Microsoft Corporation - Ex. 1086, p. 2
`
`
`
`Page 3
`
` HOWELL - 11/24/15
`A P P E A R A N C E S:
`
`Attorneys for Petitioner:
` Mr. Michael Hatcher, Esq.
` SIDLEY AUSTIN
` 2001 Ross Avenue
` Dallas, Texas 75201
`
`Attorneys for Patent Owner:
` Mr. Kevin Hess, Esq.
` McKOOL SMITH
` 300 West 6th Street
` Austin, Texas 78701
`
`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
`
`Microsoft v. Parallel Networks, IPR2015-00483 and IPR2015-00485
`Petitioner Microsoft Corporation - Ex. 1086, p. 3
`
`
`
`Page 4
`
` HOWELL - 11/24/15
` I N D E X
`
`WITNESS PAGE
`RONALD HOWELL
`EXAMINATION BY MR. HATCHER 6
`EXAMINATION BY MR. HESS 60
`EXAMINATION BY MR. HATCHER 72
`EXAMINATION BY MR. HESS 73
`EXAMINATION BY MR. HATCHER 74
`
` E X H I B I T S
`No. Description Page
`Exhibit 1 Declaration 9
`Exhibit 2 Howell deposition, 6/29/15 14
`Exhibit 2015 infoSpinner, EPIC000140 17
`Exhibit 2016 infoSpinner Status, 19
` EPIC000146
`Exhibit 2018 Executive Summary, EPIC000168 21
`Exhibit 2021 Restated certificate, 22
` EPIC012495
`Exhibit 2022 Letter, EPIC014932 23
`Exhibit 2031 PowerPoint, EPIC122163 24
`Exhibit 2032 Business Plan, EPIC127421 26
`Exhibit 2063 Article, PN-00190367 46
`
`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
`
`Microsoft v. Parallel Networks, IPR2015-00483 and IPR2015-00485
`Petitioner Microsoft Corporation - Ex. 1086, p. 4
`
`
`
`Page 5
`
`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
`
` HOWELL - 11/24/15
`Exhibit 2065 iXpress, PN-00191424 67
`Exhibit 2066 Protective Order Material,
` EPIC000001
`Exhibit 2069 Business Plan, PN-01128589 53
`Exhibit 2071 Article, PN-01425743 69
`Exhibit 2072 Article, PN-01425744 36
`Exhibit 2073 Article, PN-01425745 38
`Exhibit 2074 News Release, PN-01425763 39
`Exhibit 2075 Article, PN-01425765 41
`Exhibit 2077 Article, PN-01425789 48
`Exhibit 2078 Article, PN-01425799 42
`Exhibit 2080 Article, PN-01425810 44
`Exhibit 2084 Article, LEVINE0000093 50
`Exhibit 2085 CComponent Level Design for 69
` HostPublisher, IBM-PNL10747028
`Exhibit 2095 Protective Order Material, 55
` EPIC000002
`Exhibit 2096 Distributorship Agreement, 56
` EPIC000006
`Exhibit 2099 Produced document, EPIC000040 30
`Exhibit 2100 PowerPoint, EPIC000093 32
`
`TSG Reporting - Worldwide 877-702-9580
`
`Microsoft v. Parallel Networks, IPR2015-00483 and IPR2015-00485
`Petitioner Microsoft Corporation - Ex. 1086, p. 5
`
`
`
`Page 6
`
`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
`
` HOWELL - 11/24/15
` RONALD HOWELL,
`having been first duly sworn testified as
`follows:
` MR. HATCHER: Why don't we do
` appearances. I'm Mike Hatcher from Sidley
` Austin on behalf of the petitioner,
` Microsoft.
` MR. HESS: I am Kevin Hess from
` McKool Smith on behalf of patentee,
` Parallel Networks and the witness.
` MR. HATCHER: I guess I should say
` that we're here, this is a deposition in
` two co-pending IPRs. The first one is
` IPR2015-00483 and the second one is IPR
` 2015-00485, both captioned Microsoft
` corporation v. Parallel Networks Licensing,
` LLC.
` EXAMINATION
`BY MR. HATCHER:
` Q. So with that, could you please state
`your name?
` A. Ronnie Howell.
` Q. Are you currently employed?
` A. Yes.
`
`TSG Reporting - Worldwide 877-702-9580
`
`Microsoft v. Parallel Networks, IPR2015-00483 and IPR2015-00485
`Petitioner Microsoft Corporation - Ex. 1086, p. 6
`
`
`
`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
`
` HOWELL - 11/24/15
` Q. By whom?
` A. Lanvera.
` Q. Land?
` A. L-A-N-V-E-R-A, Incorporated.
` Q. What do you do?
` A. I'm the chief technology officer.
` Q. Have you been deposed before?
` A. Yes.
` Q. Approximately how many times?
` A. Five, six maybe.
` Q. All in connection with these two
`patents?
` A. I think so, yes.
` Q. Do you understand that I am asking
`you a series of questions and you are under
`oath to answer to the best of your ability?
` A. Yes.
` Q. And do you understand that your
`lawyer may object to a question but you still
`must answer unless he instructs you not to
`answer?
` A. Yes.
` Q. Do you understand that if for any
`reason you don't understand me you can ask me
`
`TSG Reporting - Worldwide 877-702-9580
`
`Microsoft v. Parallel Networks, IPR2015-00483 and IPR2015-00485
`Petitioner Microsoft Corporation - Ex. 1086, p. 7
`
`
`
`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
`
` HOWELL - 11/24/15
`to clarify?
` A. Okay.
` Q. You do understand?
` A. Yes.
` Q. Do you have any financial interest
`in the current Parallel Networks cases against
`Microsoft and IBM?
` A. No.
` Q. So if Parallel Networks wins, you
`don't get any, any portion of that money from
`anybody?
` A. No.
` Q. No, you do not?
` A. No, I do not.
` Q. Okay. You prepared a declaration
`for the IPRs, am I correct?
` A. Yes.
` Q. Were you paid for your time
`preparing the declaration?
` A. I haven't been, but generally I get
`paid for my time for doing depositions and
`anything having to do with this trial.
` Q. By whom?
` A. Parallel Networks.
`
`TSG Reporting - Worldwide 877-702-9580
`
`Microsoft v. Parallel Networks, IPR2015-00483 and IPR2015-00485
`Petitioner Microsoft Corporation - Ex. 1086, p. 8
`
`
`
`Page 9
`
`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
`
` HOWELL - 11/24/15
` Q. And how much her hour?
` A. I think it is 100 an hour.
` Q. Now, there have been prior Parallel
`Networks cases asserting these two patents, the
`'554 and '335 patents; correct?
` A. Yes.
` Q. Did you have a financial interest in
`any of those cases?
` A. No.
` Q. Why don't we mark your declaration.
`I've marked it as Howell Exhibit 1.
` (Exhibit 1 marked.)
` Q. There you go. Is Exhibit 1 the
`declaration that you submitted in the IPRs at
`issue?
` A. Yes.
` Q. If you could turn to paragraph 2.
`In paragraph 2 of your declaration am I correct
`that you state, "I am an inventor of the
`inventions claimed in U.S. Patent Numbers
`5,894,554 (the '554 patent) and 6,415,335 (the
`'335 patent). My co-inventors are Keith Lowery
`and Andrew Levine. The inventions claimed in
`the patents-in-suit relate to the management of
`
`TSG Reporting - Worldwide 877-702-9580
`
`Microsoft v. Parallel Networks, IPR2015-00483 and IPR2015-00485
`Petitioner Microsoft Corporation - Ex. 1086, p. 9
`
`
`
`Page 10
`
`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
`
` HOWELL - 11/24/15
`dynamic Web page generation requests"?
` A. What was the question?
` Q. Am I, am I correct that that is what
`you stated in paragraph 2?
` A. Yes.
` Q. Part of the management of dynamic
`Web page generation requests you invented with
`Mr. Lowery and Mr. Levine is routing the
`request to other servers to process them;
`correct?
` MR. HESS: Objection, scope.
` A. Yes.
` Q. Let me hand you this and I won't
`mark it yet as an exhibit. If you could just
`read that and let me know when you are done.
` A. Okay.
` Q. And I wanted you to focus
`specifically on some of the quotes from
`Mr. Lowery in this article under, underneath
`the heading large number infringing question
`mark. Are you ready?
` A. Yes.
` Q. One way the inventions claimed in
`the '554 and -- let me start over, strike that.
`
`TSG Reporting - Worldwide 877-702-9580
`
`Microsoft v. Parallel Networks, IPR2015-00483 and IPR2015-00485
`Petitioner Microsoft Corporation - Ex. 1086, p. 10
`
`
`
`Page 11
`
`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
`
` HOWELL - 11/24/15
` One way the invention is claimed in
`the '554 and the '335 patents route requests to
`other servers is URL redirection; correct?
` MR. HESS: Objection scope.
` A. Honestly I can't really remember
`details of the patent at this point I haven't
`looked at it in a while.
` Q. Mr. Lowery in this article says that
`one of the ways that the patents route, one of
`the ways the claimed inventions in the patents
`route requests to other servers is redirection;
`correct?
` MR. HESS: Objection, scope.
` A. He does say the patent covers the
`notion of redirecting requests, yes.
` Q. Is that consistent with your
`recollection of what you invented?
` A. That is consistent, yes.
` Q. So one of the ways the inventions
`claimed in the '554 and '335 patents route
`requests to other servers is URL redirection;
`correct?
` MR. HESS: Objection, scope.
` A. He doesn't say URL redirection. He
`
`TSG Reporting - Worldwide 877-702-9580
`
`Microsoft v. Parallel Networks, IPR2015-00483 and IPR2015-00485
`Petitioner Microsoft Corporation - Ex. 1086, p. 11
`
`
`
`Page 12
`
`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
`
` HOWELL - 11/24/15
`just says the notion of redirecting. So I'm,
`I'm not sure what you mean by URL redirection,
`if you could explain that a little.
` Q. Sure. Let me just drop the URL
`redirection, so we just deal with that without
`that. One of the ways inventions -- strike
`that. One way the inventions claimed in the
`'554 and '335 patents route requests to other
`servers is redirection; is that correct?
` A. Yes.
` MR. HESS: Objection, scope.
` Q. If a system is redirecting a request
`it is necessarily redirecting the same request
`it received; correct?
` MR. HESS: Objection, scope.
` A. Repeat the question, please.
` Q. Sure. If a system is redirecting a
`request, it is necessarily redirecting the same
`request it received; right?
` MR. HESS: Objection, this is
` outside the scope of the declaration.
` A. It is redirecting the request it
`received, yes.
` Q. Let's move on to paragraph 6 of your
`
`TSG Reporting - Worldwide 877-702-9580
`
`Microsoft v. Parallel Networks, IPR2015-00483 and IPR2015-00485
`Petitioner Microsoft Corporation - Ex. 1086, p. 12
`
`
`
`Page 13
`
`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
`
` HOWELL - 11/24/15
`declaration, please. And I'm going to read a
`portion of it and ask you if I correctly read
`it. In paragraph 6 of your declaration am I
`correct that you state, "Based on my position
`as the VP of software development, I have
`personal knowledge of much of the company's
`technical specification documents, business
`plans and product manuals including, for
`example," and then you list a lot of documents?
` A. Yes.
` Q. Are you aware that Parallel Networks
`alleges that these documents support the
`conception and reduction to practice of the
`inventions in the '554 and '335 patents?
` A. Yes, I'm aware of what you just
`stated. I mean I don't know what the documents
`have to do with the case in general.
` Q. But you are aware that Parallel
`Networks alleges that they are conception and
`reduction to practice documents?
` A. I don't know what that means
`conception and reduction to practice documents.
`I don't, I don't understand what you mean by
`that.
`
`TSG Reporting - Worldwide 877-702-9580
`
`Microsoft v. Parallel Networks, IPR2015-00483 and IPR2015-00485
`Petitioner Microsoft Corporation - Ex. 1086, p. 13
`
`
`
`Page 14
`
`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
`
` HOWELL - 11/24/15
` Q. Conceiving of and reducing to
`practice the inventions claimed before the
`filing date of the patent?
` MR. HESS: Objection, form.
` A. Okay. I will take your word for it,
`but I don't, I mean I don't know.
` Q. Okay. Do you remember being asked
`whether you were aware of any documents that
`support conception or reduction to practice of
`the inventions in the '554 and '335 patents at
`your June 2015 deposition in the cases against
`Microsoft and IBM?
` MR. HESS: Objection, scope.
` A. I don't remember.
` Q. Let's mark this as Exhibit 2,
`please.
` (Exhibit 2 marked.)
` Q. If you could turn to page 173, lines
`5 through 16. And I'm fine with you reviewing
`what other parts you want to. Actually before
`you do, let me ask you does this appear to be a
`copy of your deposition transcript from the
`Microsoft and IBM cases?
` A. I don't know how I would know that
`
`TSG Reporting - Worldwide 877-702-9580
`
`Microsoft v. Parallel Networks, IPR2015-00483 and IPR2015-00485
`Petitioner Microsoft Corporation - Ex. 1086, p. 14
`
`
`
`Page 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
`
` HOWELL - 11/24/15
`without reading the entire thing, but it was, I
`think it was in June of 2015 that is when this
`is labeled. And so I would assume that it is
`but I really don't have any way of knowing that
`without reading the, without reading the
`document and it's a pretty big document, so...
` Q. Understood. I don't want you to
`have to read the two or three hundred pages
`whatever it is. If you could turn to page 173.
` A. Okay.
` Q. Lines 5 through 16 and like I said,
`feel free to read whatever else you want
`around, around it to get context, but once you
`have reviewed that let me know and I will
`continue.
` A. Okay.
` Q. So at your deposition in the
`Microsoft IBM cases, am I correct that you
`testified as follows. "Question, Are you aware
`of any documents that would support the notion
`that the idea described in Claim 12 of the '554
`patent was conceived as early as mid 1995?
`Answer, No, I am not aware of any documents."
` MR. HESS: Objection, this is
`
`TSG Reporting - Worldwide 877-702-9580
`
`Microsoft v. Parallel Networks, IPR2015-00483 and IPR2015-00485
`Petitioner Microsoft Corporation - Ex. 1086, p. 15
`
`
`
`Page 16
`
`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
`
` HOWELL - 11/24/15
` outside the scope of the declaration.
` Q. "Question, since you were last
`deposed on this subject back in 2008, are you
`aware of any new evidence or documents that
`would describe the conception of the idea
`recited in Claim 12 of the '554 patent?
`Answer, No."
` Did you give that testimony?
` A. Yes.
` Q. Is it still your testimony that you
`are not aware of any documents that support the
`idea of conception of the claimed inventions of
`the '554 patent before its filing date?
` MR. HESS: Objection, misstates the
` record, outside the scope of the
` deposition.
` A. Before mid 1995, not before the
`filing date.
` Q. Are you aware of documents before
`the filing date?
` A. No.
` Q. Okay.
` MR. HESS: Objection to that as
` outside the scope as well.
`
`TSG Reporting - Worldwide 877-702-9580
`
`Microsoft v. Parallel Networks, IPR2015-00483 and IPR2015-00485
`Petitioner Microsoft Corporation - Ex. 1086, p. 16
`
`
`
`Page 17
`
`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
`
` HOWELL - 11/24/15
` Q. And actually so never mind let's
`just walk-through each of the documents that
`you do list. Can you put the, the deposition
`transcript aside for now and let's just
`walk-through the documents in paragraph 6 of
`your declaration. So I will start with Exhibit
`215 and all of these have been marked
`previously so we don't need to mark them here.
`So starting with the first document that you
`reference in paragraph 6 Exhibit 215 to the
`IPR. When did you last review Exhibit 215 or
`I'm sorry, Exhibit 2015? I'm saying 215, that
`is 2015?
` A. I looked over this I think it was a
`few weeks ago.
` Q. Who created this?
` MR. HESS: Objection, outside the
` scope of the declaration.
` A. I couldn't tell you who, who created
`it.
` Q. So you don't know whether or not it
`was someone with knowledge of the substance of
`the document; correct?
` A. I'm not sure how you could create it
`
`TSG Reporting - Worldwide 877-702-9580
`
`Microsoft v. Parallel Networks, IPR2015-00483 and IPR2015-00485
`Petitioner Microsoft Corporation - Ex. 1086, p. 17
`
`
`
`Page 18
`
`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
`
` HOWELL - 11/24/15
`if you didn't have knowledge of the substance
`of the document.
` Q. You don't know who created it;
`correct?
` A. I don't know who created it, but I
`would think that it would have to be somebody
`with knowledge of the substance or I don't know
`how you could create it.
` Q. It could be a technical writer just
`creating it as opposed to someone who knows the
`substance of the infoSpinner or whatever the,
`whatever is the substance of the document;
`correct?
` MR. HESS: Objection, form.
` A. I suppose a technical writer could
`create it although it would have to have input
`and review from somebody with knowledge of the
`substance or it would not be an accurate
`document.
` Q. And you don't know who created it?
` A. I do not know who created it.
` Q. When was it created?
` A. I couldn't tell you an exact date.
` MR. HESS: Objection, scope.
`
`TSG Reporting - Worldwide 877-702-9580
`
`Microsoft v. Parallel Networks, IPR2015-00483 and IPR2015-00485
`Petitioner Microsoft Corporation - Ex. 1086, p. 18
`
`
`
`Page 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
`
` HOWELL - 11/24/15
` Q. Before we go down the road of all
`the scope questions if you would read the
`language after the listing?
` MR. HATCHER: I'm sorry, could you
` read back the last question and answer?
` (Record read.)
` Q. Can you tell me any date?
` A. Well, I think I could accurately
`date it between mid 1995 and probably 1998.
`That is about as close as I could get.
` Q. Is it fair to say that you don't
`know whether or not this copy, Exhibit 2015 is
`the same as it was when it was created whenever
`it was created between 1995 and 1998?
` A. That is fair.
` Q. You can set that one aside. The
`next exhibit in your paragraph 6 is Exhibit
`2016. There you go, sir. When did you last
`review Exhibit 2016?
` A. A few weeks ago.
` Q. Who created Exhibit 2016?
` MR. HESS: Objection, scope.
` A. I believe it was Keith Lowery.
` Q. How do you know that?
`
`TSG Reporting - Worldwide 877-702-9580
`
`Microsoft v. Parallel Networks, IPR2015-00483 and IPR2015-00485
`Petitioner Microsoft Corporation - Ex. 1086, p. 19
`
`
`
`Page 20
`
`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
`
` HOWELL - 11/24/15
` MR. HESS: Objection, scope.
` A. He was the first one working on the
`infoSpinner product and this looks like some
`kind of status that he was giving someone.
` Q. When was it created?
` MR. HESS: Objection to scope.
` A. Well, there is a date on it that
`says 11/15/95, so I would assume that it was
`created November of 1995.
` Q. But you don't independently recall
`when it was created; is that fair?
` A. That is fair.
` Q. What is the earliest date you recall
`having reviewed Exhibit 2016 after it was
`created?
` A. I couldn't, couldn't tell you when,
`when I saw this other than a few weeks ago. I
`couldn't give you an exact date.
` Q. So is it fair to say that you don't
`know one way or another whether 2016 is the
`same as when it was actually created whenever
`that was?
` A. That is fair.
` Q. You can set that one aside. The
`
`TSG Reporting - Worldwide 877-702-9580
`
`Microsoft v. Parallel Networks, IPR2015-00483 and IPR2015-00485
`Petitioner Microsoft Corporation - Ex. 1086, p. 20
`
`
`
`Page 21
`
`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
`
` HOWELL - 11/24/15
`next one I would like to hand you is the next
`one in paragraph 6, Exhibit 2018. Who created
`Exhibit 2018?
` MR. HESS: Objection, outside the
` scope.
` A. I'm not sure.
` Q. So you don't whether or not it was
`created by someone with knowledge of the
`substance of the document; correct?
` A. I don't know if the document was
`written by someone with knowledge of the
`substance, right.
` Q. When was Exhibit 2018 created?
` MR. HESS: Objection, scope.
` A. There is not a date on it, so I'm
`not sure.
` Q. What is the earliest date you recall
`having reviewed Exhibit 2018 after it was
`created whenever that was?
` A. I couldn't give a date.
` Q. Is it fair to say that you don't
`know one way or the other whether Exhibit 2018
`is the same document as when it was created
`whenever that was?
`
`TSG Reporting - Worldwide 877-702-9580
`
`Microsoft v. Parallel Networks, IPR2015-00483 and IPR2015-00485
`Petitioner Microsoft Corporation - Ex. 1086, p. 21
`
`
`
`Page 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
`
` HOWELL - 11/24/15
` A. That's fair.
` Q. You can set that one aside.
` A. The next exhibit in paragraph 6 is
`Exhibit 2021.
` Q. Who created Exhibit 2021?
` MR. HESS: Scope, objection.
` A. I don't know who created it.
` Q. So you don't know whether or not it
`was created by someone with knowledge of the
`substance of the document; correct?
` A. That's correct.
` Q. When was it created?
` A. It would have been created sometime
`between mid 1995 and April of 1996.
` Q. You are basing that on the various
`dates on the document?
` A. Yes, and that is -- and based on
`the, on what the document is. It is a
`certificate of incorporation of infoSpinner,
`so...
` Q. You don't independently recall when
`it was created; is that correct?
` A. Right, I was not involved in
`creating it, so...
`
`TSG Reporting - Worldwide 877-702-9580
`
`Microsoft v. Parallel Networks, IPR2015-00483 and IPR2015-00485
`Petitioner Microsoft Corporation - Ex. 1086, p. 22
`
`
`
`Page 23
`
`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
`
` HOWELL - 11/24/15
` Q. What is the earliest date you recall
`having reviewed Exhibit 2021 after it was
`created?
` A. I can't recall reviewing it.
` Q. So is it fair to say that you don't
`know one way or the other whether it is,
`whether Exhibit 2021 is the same as the
`document when it was created, whenever it was?
` A. That's fair to say.
` Q. The next document is Exhibit 2022 in
`your paragraph 6. Who created Exhibit 2022?
` MR. HESS: Objection, scope.
` A. Looks like Keith Lowery.
` Q. You are basing that on the fact that
`is a letter signed, "Regards, Keith;" is that
`correct?
` A. And that it was to Earl and I know
`who Earl was and also based on the content of
`the document.
` Q. Do you have any independent
`recollection that, in fact, Keith Lowery
`created this document?
` A. Well, based on the content of the
`document, I would say that Keith created it. I
`
`TSG Reporting - Worldwide 877-702-9580
`
`Microsoft v. Parallel Networks, IPR2015-00483 and IPR2015-00485
`Petitioner Microsoft Corporation - Ex. 1086, p. 23
`
`
`
`Page 24
`
`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
`
` HOWELL - 11/24/15
`don't have a memory since it happened 20 years
`ago I don't have a memory of when we actually
`sat down to do that, but I'm certain that he
`did create this document.
` Q. And you almost touched on it in the
`answer you just gave, when was it created?
` MR. HESS: Objection, scope.
` A. It is not dated, so I could not give
`you an exact date.
` Q. You don't independently recall when
`it was created; correct?
` A. That's correct.
` Q. What is the earliest date you recall
`having reviewed Exhibit 2022 after it was
`created, whenever that was?
` A. I can't recall reviewing it.
` Q. So is it fair to say that you don't
`know one way or the other whether Exhibit 2022
`is the same as the document when it was created
`on whatever date it was created?
` A. That is fair.
` Q. The next exhibit referenced in
`paragraph 6 is 2031. There you go, sir. Who
`created Exhibit 2031?
`
`TSG Reporting - Worldwide 877-702-9580
`
`Microsoft v. Parallel Networks, IPR2015-00483 and IPR2015-00485
`Petitioner Microsoft Corporation - Ex. 1086, p. 24
`
`
`
`Page 25
`
`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
`
` HOWELL - 11/24/15
` MR. HESS: Objection, scope.
` Q. Take your time. I know this one is
`a bigger document.
` A. I'm not sure who created it.
` Q. So you don't know whether or not it
`was created with someone with knowledge of the
`substance of the document; correct?
` A. That's correct.
` Q. When was Exhibit 2031 created?
` A. Well, it is dated October 20th of
`1998, so I would assume somewhere around or a
`little before that date.
` Q. You don't independently recall when
`it was created; is that correct?
` A. That's correct.
` Q. What is the earliest date you recall
`having a reviewed Exhibit 2031 after it was
`created?
` A. I can't recall reviewing it any
`certain date.
` Q. So is it fair to say that you don't
`know one way or the other whether Exhibit 2031
`is the same as the document when it was
`created, whenever that was?
`
`TSG Reporting - Worldwide 877-702-9580
`
`Microsoft v. Parallel Networks, IPR2015-00483 and IPR2015-00485
`Petitioner Microsoft Corporation - Ex. 1086, p. 25
`
`
`
`Page 26
`
`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
`
` HOWELL - 11/24/15
` A. That's fair.
` Q. The next exhibit listed in your
`paragraph 6 is Exhibit 2032. Who created
`Exhibit 2032?
` A. I'm not sure.
` Q. So you don't know whether or not it
`was created by someone with knowledge of the
`substance of the document; correct?
` A. That's correct.
` Q. When was Exhibit 2032 created?
` A. It has a date of April 1999 on it,
`but I'm not sure if that is when it was created
`or when it was last updated or, or what, so...
` Q. So you don't independently recall
`when Exhibit 2032 was created; correct?
` A. That's correct.
` Q. What is the earliest date you recall
`having reviewed Exhibit 2032 after it was
`created, whenever that was?
` A. I can't give a specific date that I
`recall reviewing it.
` Q. So is it fair to say you don't know
`one way or the other whether Exhibit 2032 is
`the same as the document when it was actually
`
`TSG Reporting - Worldwide 877-702-9580
`
`Microsoft v. Parallel Networks, IPR2015-00483 and IPR2015-00485
`Petitioner Microsoft Corporation - Ex. 1086, p. 26
`
`
`
`Page 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
`
` HOWELL - 11/24/15
`created, whenever that was?
` A. That's fair.
` Q. The next document in your paragraph
`6 is Exhibit 2065. There you go, sir. Who
`created Exhibit 2065?
` A. I couldn't give you a name of a
`person that created it.
` Q. So you don't know whether or not it
`was created by someone with knowledge of the
`substance of the document; is that correct?
` A. That's correct.
` Q. When was Exhibit 2065 created?
` MR. HESS: Objection, form.
` A. There is a note that says updated in
`October 1996, so I would assume it was
`originally created sometime before October of
`1996.
` Q. You don't independently recall
`whether, in fact, it was updated in October of
`1996; correct?
` A. That's correct.
` Q. And you don't independently recall
`when it was created; is that correct?
` A. That's correct.
`
`TSG Reporting - Worldwide 877-702-9580
`
`Microsoft v. Parallel Networks, IPR2015-00483 and IPR2015-00485
`Petitioner Microsoft Corporation - Ex. 1086, p. 27
`
`
`
`Page 28
`
`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
`
` HOWELL - 11/24/15
` Q. What is the earliest date you recall
`reviewing Exhibit 2065 after it was created,
`whenever that was?
` A. I can't recall the date that I
`reviewed it.
` Q. So is it fair to say that you don't
`know one way or the other whether Exhibit 2065
`is the same as the document as it was actually
`created whenever it was created?
` A. That's fair.
` Q. The next exhibit listed in your
`paragraph 6 is Exhibit 2069. Who created
`Exhibit 2069?
` MR. HESS: Objection, scope.
` A. I don't know who created it.
` Q. So you don't know one way or the
`other whether it was created by someone with
`knowledge of the substance of the document; is
`that correct?
` A. That's correct.
` Q. When was Exhibit 2069 created?
` A. It is dated April 1990, so I don't
`know the exact date that it was created.
` Q. So you don't independently recall
`
`TSG Reporting - Worldwide 877-702-9580
`
`Microsoft v. Parallel Networks, IPR2015-00483 and IPR2015-00485
`Petitioner Microsoft Corporation - Ex. 1086, p. 28
`
`
`
`Page 29
`
`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
`
` HOWELL - 11/24/15
`when it was created; correct?
` A. That's correct.
` Q. What is the earliest date you recall
`having reviewed Exhibit 2069 after it was
`created, whenever that was?
` A. I couldn't give you a date that I
`reviewed it after it was created.
` Q. So is it fair to say that you do not
`know one way or the other whether Exhibit 2069
`is the same as the document when it was
`created, whenever that was?
` A. That is fair.
` Q. The next exhibit in your paragraph 6
`is Exhibit 2085. Who created Exhibit 2085?
` A. Well, the name says author of the
`document says Ronnie Sarkar.
` Q. Do you independently know whether,
`in fact, he was the creator of the document?
` A. I don't.
` Q. So you don't know one way or the
`other whether it was created by someone with
`knowledge of the substance of the document;
`correct?
` A. Correct.
`
`TSG Reporting - Worldwide 877-702-9580
`
`Microsoft v. Parallel Networks, IPR2015-00483 and IPR2015-00485
`Petitioner Microsoft Corporation - Ex. 1086, p. 29
`
`
`
`Page 30
`
`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
`
` HOWELL - 11/24/15
` Q. When was Exhibit 2085 created?
` A. It says revision date March 2nd,
`1998, but other than that, I don't have any
`idea of when it was actually created.
` Q. So other than reading the date on
`the document, sitting here today, you don't
`know when it was created; is that fair?
` A. That's