`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF TEXAS
`DALLAS DIVISION
`
`SUMMIT 6 LLC,
`Plaintiff,
`
`v.
`RESEARCH IN MOTION CORP.,
`Defendants.
`
`)
`)
`)
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`)
`
`3:11-CV-367-O
`
`Jury Trial Volume 1
`
`April 1, 2013
`
`BEFORE THE HONORABLE REED C. O'CONNOR
`United States District Judge
`In Dallas, Texas
`
`FOR THE PLAINTIFF:
`
`MR. THEODORE STEVENSON, III.
`McKool Smith
`300 Crescent Court
`Suite 1500
`Dallas, TX 75201
`214/978-4000
`Fax: 214/978-4044 FAX
`tstevenson@mckoolsmith.com
`
`MR. PHILLIP M. AURENTZ
`McKool Smith PC
`300 Crescent Court
`Suite 1500
`Dallas, TX 75201
`214/978-4206
`Fax: 214/978-4044
`paurentz@mckoolsmith.com
`
`MS. ASHLEY N. MOORE
`McKool Smith PC
`300 Crescent Court
`Suite 1500
`Dallas, TX 75201
`214/978-6337
`Fax: 214/978-4044
`amoore@mckoolsmith.com
`
`MR. JOHN B. CAMPBELL
`McKool Smith
`300 W 6th St
`Suite 1700
`Austin, TX 78701
`512/692-8730
`Fax: 512/692-8744
`jcampbell@mckoolsmith.com
`
`DENVER B. RODEN, RMR
`United States Court Reporter
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`Exhibit 2022, Page 1
`Apple Inc. and Twitter, Inc. v. Summit 6 LLC
`IPR2015-00688, Summit 6 LLC
`
`
`
`Page 2
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`MR. BRADLEY W CALDWELL
`Caldwell Cassady Curry, P.C.
`1717 McKinney
`Suite 700
`Dallas, TX 75202
`214/593-7129
`Fax: 214/978-4044
`bcaldwell@caldwellcc.com
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`MR. JAMES R. NELSON
`DLA Piper US LLP
`1717 Main St
`Suite 4600
`Dallas, TX 75201-4605
`214/743-4512
`Fax: 214/743-4545
`jr.nelson@dlapiper.com
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`MR. MARK D. FOWLER
`DLA Piper LLP (US)
`2000 University Ave
`East Palo Alto, CA 94303
`650/833-2048
`Fax: 650/833-2001
`mark.fowler@dlapiper.com
`
`MS. CLAUDIA WILSON FROST
`DLA Piper LLP
`1000 Louisiana
`Suite 2800
`Houston, TX 77002
`713/425-8450
`Fax: 713/300-6050
`claudia.frost@dlapiper.com
`
`MR. ANDREW P. VALENTINE
`DLA Piper LLP (US)
`2000 University Avenue
`East Palo Alto, CA 94303-2214
`650-833-2000
`Fax: 650-833-2001
`andrew.valentine@DLAPiper.com
`
`MR. ERIK FUEHRER
`DLA Piper US LLP
`2000 University Avenue
`East Palo Alto, CA 94303
`650/833-2045
`Fax: 650/833-2001
`erik.fuehrer@dlapiper.com
`
`DENVER B. RODEN, RMR
`United States Court Reporter
`
`FOR THE DEFENDANT:
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`Exhibit 2022, Page 2
`Apple Inc. and Twitter, Inc. v. Summit 6 LLC
`IPR2015-00688, Summit 6 LLC
`
`
`
`Page 3
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`MR. TODD S. PATTERSON
`DLA Piper LLP (US)
`401 Congress Ave
`Suite 2500
`Austin, TX 78701
`512/457-7000
`Fax: 512/457-7001
`todd.patterson@dlapiper.com
`
`MR. DENVER B. RODEN, RMR
`United States Court Reporter
`1050 Lake Carolyn Pkwy #2338
`Irving, Texas
`75039
`drodenrmr@sbcglobal.net
`Phone:
`(214) 753-2298
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`COURT REPORTER:
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`The above styled and numbered cause was reported by
`computerized stenography and produced by computer.
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`DENVER B. RODEN, RMR
`United States Court Reporter
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`Exhibit 2022, Page 3
`Apple Inc. and Twitter, Inc. v. Summit 6 LLC
`IPR2015-00688, Summit 6 LLC
`
`
`
`Page 22
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`held by its predecessor companies privileged.
`
`See Love v.
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`Tyson Foods, Inc. 677 F3d. 258 at 261 out of the Fifth
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`Circuit, 2012.
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`A Court can prevent a party from asserting
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`inconsistent positions under the doctrine of judicial
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`estoppel.
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`In addition, Defendant's Exhibit No. 2029 would also
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`be admissible as non-hearsay because defendants should be
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`permitted to offer it to show Plaintiff's notice of the
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`potential prior use of the invention claimed in the Point2
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`'802 Patent and how that notice affected Plaintiff's
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`subsequent conduct regarding the acquisition of the Point2
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`'802 Patent.
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`See United States v. Bright, 630 F.2d. 804, page
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`815, footnote 18, in the Fifth Circuit, 1980.
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`Plaintiff's
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`subsequent conduct of not purchasing the Point2 patent is
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`relevant because it tends to show that plaintiff had concerns
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`that the '802 Patent was invalid based on Point2's actions
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`regarding the photo upload facility.
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`This information is
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`relevant to Samsung's defense that the activity at Point2 also
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`renders the '482 Patent invalid.
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`So, I needed to clear that up after worrying about it
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`all weekend since I got the e-mails wrong.
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`Who is the first witness?
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`MR. STEVENSON:
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`Scott Lewis.
`
`THE COURT:
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`Scott Lewis.
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`(Jury in.)
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`DENVER B. RODEN, RMR
`United States Court Reporter
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`Exhibit 2022, Page 4
`Apple Inc. and Twitter, Inc. v. Summit 6 LLC
`IPR2015-00688, Summit 6 LLC
`
`
`
`Lewis - Direct
`Page 23
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`THE COURT:
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`Okay, ladies and gentlemen.
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`Thank you
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`all for being here and being here on time.
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`I'm sorry for the
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`ten minute delay but we get here early -- earlier than you all
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`and try to resolve issues to get you into the box so we don't
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`have to get you in the box and then excuse you when those
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`issues come up.
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`We try to resolve them in the morning and in
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`the evenings and we were doing that today and it ran just a
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`little bit long, so please accept my apologies.
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`With that
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`said we're going to keep moving through the case and I'll turn
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`the floor over to Mr. Stevenson.
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`MR. STEVENSON:
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`Thank you, Your Honor.
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`Summit 6
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`calls as its next witness the inventor Scott Lewis.
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`THE COURT:
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`Mr. Lewis, please come up.
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`MR. NELSON:
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`Your Honor, can we move this slightly?
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`THE COURT:
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`Yes, sir.
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`Come on up.
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`Mr. Lewis, were
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`you sworn in the other day?
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`THE WITNESS:
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`Yes, I was.
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`THE COURT:
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`Go ahead and have a seat here.
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`Speak
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`into that microphone good and loud so everyone can hear what
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`you have to say.
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`THE WITNESS:
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`Okay.
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`Thank you.
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`SCOTT LEWIS, PLAINTIFF WITNESS, was sworn
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`DIRECT EXAMINATION
`
`BY MR. STEVENSON:
`Q. Good morning, Mr. Lewis.
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`DENVER B. RODEN, RMR
`United States Court Reporter
`
`Exhibit 2022, Page 5
`Apple Inc. and Twitter, Inc. v. Summit 6 LLC
`IPR2015-00688, Summit 6 LLC
`
`
`
`Lewis - Direct
`Page 69
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`deal within PictureWorks?
`A. Because I'm -- I'm a product guy.
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`I -- I figure out
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`products and interfaces and that's kind of my thing and then
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`I -- and then I show them to people and try to get them
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`excited about it and catch my vision.
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`Deals just aren't my
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`thing.
`Q. Have you ever negotiated a deal or done a deal?
`A. No.
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`I mean, I've been around them, but it's just not my
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`thing.
`Q. And then around this time, when the eBay deal was getting
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`done, was there a corporate change over at PictureWorks?
`A. Yes, there was.
`Q. And what happened?
`A. Well, iPIX acquired PictureWorks and so we became part of
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`their larger company.
`Q. Who is iPIX?
`A. IPIX was a company that did imaging on the internet,
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`differently -- various types of imaging, mostly like high end
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`photos of like hotels and homes and things like that.
`Q. And what was the acquisition price?
`A. It was $175 million dollars.
`Q. What was the driver?
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`What was the product of PictureWorks
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`when iPIX acquired it?
`A. It was -- it was our invention and the related
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`technologies to that.
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`DENVER B. RODEN, RMR
`United States Court Reporter
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`Exhibit 2022, Page 6
`Apple Inc. and Twitter, Inc. v. Summit 6 LLC
`IPR2015-00688, Summit 6 LLC
`
`