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`Page 1
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` UNITED STATES PATENT AND TRADEMARK OFFICE
` _________________
` BEFORE THE PATENT AND TRIAL APPEAL BOARD
` _________________
` JDS UNIPHASE CORPORATION
` Petitioner
`
` v.
`
` CAPELLA PHOTONICS, INC.
` Patent Owner
` _________________
` Case IPR2015-00713
` Patent RE42,368
`
` and
`
` Case IPR2015-00739
` Patent RE42,678
`
`
`
` Videotape Deposition of SHELDON
` MCLAUGHLIN, taken on Thursday, October 22, 2015,
` beginning at 9:30 a.m., at the Law Offices of
` Faegre Baker Daniels, LLP, 1050 K Street, N.W.,
` Suite 400, Washington, D.C. before Ryan K.
` Black, RPR, CLR, Notary Public, in and for the
` District of Columbia.
`
`Veritext Legal Solutions
`215-241-1000 ~ 610-434-8588 ~ 302-571-0510 ~ 202-803-8830
`
`Capella 2032
`JDS Uniphase v. Capella
`IPR2015-00731
`
`

`
`Page 2
`
`Page 4
`1 THE VIDEOGRAPHER: We are now on
`2 the record. Please note that the microphones
`3 are sensitive and may pick up whispering and
`4 private conversations. Please turn off all cell
`5 phones and place them away from the microphones,
`6 as they can interfere with the deposition audio.
`7 Recording will continue until all parties -- all
`8 parties agree to go off the record.
`9 My name is Maribeth Powers,
`10 representing Veritext. The date today is
`11 October 22nd, 2015, and the time is
`12 approximately 9:30 a m.
`13 This deposition is being held at
`14 Faegre Baker Daniels, LLP, located at 1050 K
`15 Street Northwest, Suite 400, Washington, D.C.
`16 The caption of this case is JDS
`17 Uniphase Corporation versus Capella Photonics,
`18 Incorporated, Case Number IPR2015-00739.
`19 The name of the witness is Sheldon
`20 McLaughlin.
`21 At this time the attorneys present
`22 in the room and attending remotely will identify
`23 themselves and the parties they represent.
`24 MR. NOWAK: Nicholas Nowak, with
`25 Sterne Kessler Goldstein & Fox, for patent owner
`
`1 A P P E A R A N C E S:
`
`23
`
`4
`
`11
`
` STERNE KESSLER GOLDSTEIN & FOX PLLC
`12 1100 New York Avenue, N W
` Suite 600
`13 Washington, D C 20005
` BY: NICHOLAS J NOWAK, ESQ
`14 TYLER J DUTTON, ESQ
` JASON D EISENBERG, ESQ
`15 nnowak@skgf com
` tdutton@skgf com
`16 jasone@skgf com
` 202 772 8645
`
`17
`18 MANATT PHELPS & PHILLIPS LLP
` 1841 Page Mill Road
`19 Suite 200
` Pala Alto, California 94304
`20 BY: ROBERT D BECKER, ESQ
` rbecker@manatt com
`21 650 812 1300
`22
`23 ALSO PRESENT:
`24 Alexander Sergienko, Ph D , Boston University
`25 Maribeth Powers, Legal Videographer
`
` Attorneys on Behalf of Petitioner:
`
` Attorneys on Behalf of Patent Owner:
`
` FAEGRE BAKER DANIELS, LLP
`5 2200 Wells Fargo Center
` 90 S Seventh Street
`6 Minneapolis, Minnesota 55402
` BY: KEN LIEBMAN, ESQ
`7 WALTER C LINDER, ESQ
` ken liebman@faegrebd com
`8 walter linder@faegrebd com
` 612 766 8801
`
`9
`10
`
`Page 3
`
`Page 5
`
`1 Capella. And with me is Tyler Dutton, from
`2 Sterne Kessler, as well; Alexander Sergienko,
`3 from Boston University; Rob Becker, from Manatt
`4 Phelps and Phillips; and Jason Eisenberg, also
`5 from Sterne Kessler Goldstein, all for patent
`6 owner Capella.
`7 MR. LIEBMAN: Ken Liebman, from Faegre
`8 Baker Daniels, for the petitioner. With me is
`9 my partner Walt Linder.
`10 THE VIDEOGRAPHER: Our court reporter,
`11 Ryan Black, will swear in the witness, and we
`12 can proceed.
`13 * * *
`14 Whereupon --
`15 SHELDON MCLAUGHLIN,
`16 called to testify, having been first duly sworn
`17 or affirmed, was examined and testified as
`18 follows:
`19 EXAMINATION
`20 BY MR. NOWAK:
`21 Q. Good morning, Mr. McLaughlin --
`22 McLaughlin.
`23 A. McLaughlin.
`24 Q. McLaughlin.
`25 Have you ever been deposed before?
`2 (Pages 2 - 5)
`
`1 I N D E X
`2 TESTIMONY OF: SHELDON MCLAUGHLIN PAGE
`3 BY MR. NOWAK...................................5
`
`4 5 6
`
` - - -
`7 E X H I B I T S
`8 - - -
`9 NUMBER DESCRIPTION MARKED
`10 Exhibit 1 the U.S. Patent 6,498,872
`11 to Bouevitch.....................65
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22 Veritext Legal Solutions
` Mid-Atlantic Region
` 1250 Eye Street NW - Suite 1201
`23 Washington, D.C. 20005
`24
`25
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`Page 6
`
`1 A. No.
`2 Q. Have you ever provided testimony
`3 in -- in a litigation?
`4 A. No.
`5 Q. Have you ever been asked to act as an
`6 expert in litigation?
`7 A. No.
`8 Q. Who -- who do you work for currently?
`9 A. I work for Lumentum.
`10 Q. And, Lumentum, is that Lumentum -- is
`11 that Lumentum -- well, I understand that there
`12 are three Lumentum entities; is that right?
`13 A. I don't know.
`14 Q. Okay. Do you work for Lumentum, Inc.?
`15 A. I'm not sure. I only know it as
`16 Lumentum.
`17 Q. Did you formerly work for JDS
`18 Uniphase?
`19 A. Yes, I did.
`20 Q. And did JDS Uniphase go through a
`21 reorganization recently?
`22 A. Yes.
`23 Q. All right. And do you have any
`24 understanding at all regarding the details of
`25 that reorganization?
`
`Page 7
`
`1 A. Some.
`2 Q. Okay. I'm just asking, and I
`3 don't want to really get into the de -- get into
`4 the details, I'm just looking to see if I can
`5 figure out how many entities were created from
`6 that reorganization. Do you know?
`7 A. As I understand it, there was
`8 Viavi and Lumentum created out of JDS Uniphase.
`9 Q. Okay. So -- so do you know -- my
`10 understanding is that there were three -- there
`11 are three Lumentum entities, Lumentum Holdings,
`12 Inc.; Lumentum, Inc.; and Lumentum Operations,
`13 LLC. Does that make -- does that sound familiar
`14 to you at all?
`15 A. It's possible. I've heard those
`16 names.
`17 Q. So which one do you work for? Do you
`18 know?
`19 A. I don't know.
`20 Q. Okay. That's fine.
`21 Let me start with your educational
`22 background. Where did you go to college?
`23 A. I went to Queens University in
`24 Kingston, Ontario, and Simon Fraser University
`25 in Burnaby, British Columbia. And I also
`
`Page 8
`1 completed some education at the University of
`2 Arizona in Tucson.
`3 Q. Okay. So was that all undergraduate?
`4 A. No. Queens University was
`5 undergraduate. Simon Fraser University was a
`6 master's degree, and University of Arizona was a
`7 postgraduate certificate.
`8 Q. Okay. And what was your undergraduate
`9 degree in?
`10 A. It was in engineering physics.
`11 Q. Okay. And when did you get that?
`12 A. 1996.
`13 Q. And then that was with Queens
`14 University; is that right?
`15 A. That's right.
`16 Q. And after Queens University, what did
`17 you do?
`18 A. I worked for a summer at Bell-Northern
`19 Research, and then I went to Simon Fraser
`20 University for the master's degree.
`21 Q. And what did you do during that summer
`22 at Bell-Northern?
`23 A. I worked in the epitaxy lab, setting
`24 up experiments to monitor epitaxial growth of
`25 semiconductors.
`
`Page 9
`1 Q. Okay. And so after that -- and after
`2 that -- I'm sorry. After that summer, you went
`3 to Simon Fraser, is that right, and you got a
`4 master's in what?
`5 A. In engineering science.
`6 Q. And what was the -- was there a
`7 particular focus of your master's?
`8 A. Yes. It was on compound semiconductor
`9 devices.
`10 Q. And when did you complete your
`11 master's?
`12 A. In 1999.
`13 Q. And after you completed your master's,
`14 what did you do then?
`15 A. I started working at JDS Uniphase.
`16 Q. So you started working at JDS Uniphase
`17 in 1999?
`18 A. That's correct.
`19 Q. Okay. What position did you start at
`20 at JDS Uniphase?
`21 A. I -- I don't recall the title. It was
`22 something like product development engineer.
`23 Q. Okay. And what did you work on?
`24 A. I worked on product development of
`25 several fiber-optic components.
`3 (Pages 6 - 9)
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`Page 10
`1 Q. Were there particular products you
`2 were working on at that time?
`3 A. Yes.
`4 Q. And what were they?
`5 A. I started working on a diffraction
`6 grading-based WDM, Wavelength Division
`7 Multiplexer, also a -- an Etalon-based Tunable
`8 Dispersion Compensator, and, following that,
`9 a PLC-based Reconfigurable Optical Add-drop
`10 Multiplexer.
`11 Q. So you were working on, it sounds
`12 like, three different products. Is that,
`13 generally speaking, correct?
`14 A. I've worked on a lot of products since
`15 then, but --
`16 Q. Sure. I'm sorry. I didn't mean
`17 to interrupt. I'm just trying to get a sense,
`18 so when -- so you mentioned three different
`19 products in your last answer, --
`20 A. Yes.
`21 Q. -- what was the time frame during
`22 which you worked on those products?
`23 A. That would be, approximately, 1999 to
`24 2001.
`25 Q. You said you worked on fiber-optic
`Page 11
`
`1 components?
`2 A. Yes.
`3 Q. So did you work on fiber-optic
`4 components for each of those products?
`5 A. I would consider those products to be
`6 fiber-optic components.
`7 Q. Okay. So, in your mind, they're one
`8 and the same, the fiber-optic components and the
`9 products are one and the same?
`10 MR. LIEBMAN: Object to the form.
`11 THE WITNESS: Yes.
`12 BY MR. NOWAK:
`13 Q. Okay. Okay. You said -- I'm just
`14 going to try to go through those three products
`15 that you worked on in order, and forgive me if I
`16 get them wrong or if I don't remember their
`17 names exactly. So you worked first, you said,
`18 on a Diffraction Grading-based WDM?
`19 A. Yes.
`20 Q. Can I ask you, what stage of
`21 development was that particular product in when
`22 you started working on it?
`23 A. I think it was in pilot manufacturing.
`24 Q. So what were your responsibilities
`25 for -- with regard to that WDM?
`
`Page 12
`1 A. I was in charge of process development
`2 for preparation and pigtailing of a PLC chip.
`3 Q. Okay. Can you -- what's PLC chip?
`4 A. Planar Lightwave Circuit.
`5 Q. Okay. And you said you were in charge
`6 of process development. What does that entail?
`7 A. The -- setting up the equipment
`8 and the process, as the operator is used, to
`9 manufacture the part.
`10 Q. Okay. And is that a component of that
`11 WDM that we were --
`12 A. Yes.
`13 Q. -- discussing?
`14 What does that -- what does that PLC
`15 chip do?
`16 A. In that product, the PLC chip was an
`17 interface between a fiber array and free-space
`18 optics.
`19 Q. So you say it was an -- okay, it
`20 was an interface between a fiber array and
`21 free-space optics. If you were going to
`22 describe that to a layperson -- let me ask
`23 you -- let me ask you a question: If you were
`24 going to try to describe what that PLC chip does
`25 to a layperson, what would the explanation be?
`Page 13
`1 MR. LIEBMAN: Object to the form.
`2 THE WITNESS: I would describe the
`3 function of the PLC chip as conducting light
`4 from a fiber into a free-space optical system.
`5 BY MR. NOWAK:
`6 Q. And -- and what is a free-space
`7 optical system?
`8 A. It's a -- a system where it comprises
`9 optical elements, such as lenses, diffraction
`10 gradings, mirrors, and the light passes through.
`11 Q. So your responsibilities with regard
`12 to that WDM that we've been talking about didn't
`13 involve the free-space optics; is that right?
`14 A. Not directly.
`15 Q. Were those already -- those had
`16 already been developed by the time you were
`17 working on the project?
`18 A. Yes.
`19 Q. I'm going to need your help instead
`20 of scrolling all the way back to your prior
`21 answer. You said the -- the second project
`22 that you worked on involved what again?
`23 A. Etalon Tunable Dispersion Compensator.
`24 Q. Okay. And what is that?
`25 A. It's a -- it's a form of optical
`4 (Pages 10 - 13)
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`Page 14
`
`1 filter that -- that produces a chromatic
`2 dispersion that's tunable in response to a
`3 control signal.
`4 Q. Okay. And is there a -- is that a
`5 component of a larger device?
`6 A. It would be used as a component in an
`7 optical network.
`8 Q. Okay. And where in the optical
`9 network would it be used?
`10 A. Generally, at a switching and/or
`11 amplification node.
`12 Q. Okay. And -- and where within
`13 the -- you say within the switching or
`14 amplification node. Is there a particular
`15 location within that node that it would be used?
`16 A. There are lots of locations it could
`17 be used. There's no -- as far as I don't -- no,
`18 I don't know of a preferred location in the
`19 node.
`20 Q. Okay. And then the -- the third
`21 product that you worked on, again, I would
`22 scroll back, but it's going to take me a while,
`23 can you remind me?
`24 MR. LIEBMAN: Object to the form.
`25 THE WITNESS: The third product I
`Page 15
`1 mentioned was a Reconfigurable Optical Add-drop
`2 Multiplexer, or ROADM, in PLC.
`3 BY MR. NOWAK:
`4 Q. Can you describe the specific work
`5 that you did on that multiplexer?
`6 A. I did design and testing of several of
`7 the PLC building blocks that were assembled to
`8 make the ROADM system.
`9 Q. Okay. So is the work -- so you
`10 described doing work on a PLC chip earlier.
`11 Is that similar to the work that you did on this
`12 particular multiplexer?
`13 A. On the PLC chip I described earlier,
`14 my work was related to product and process
`15 development for manufacturing. On the ROADM,
`16 my work was related to design and testing of
`17 the -- of the product.
`18 Q. So was the -- was the -- was the
`19 product already in development at that point,
`20 at the point you started working on it?
`21 A. I started at the start of development
`22 of that product, --
`23 Q. And --
`24 A. -- meaning -- meaning the ROADM
`25 product.
`
`Page 16
`
`1 Q. And let me ask you, is -- what does
`2 ROADM stand for again?
`3 A. Reconfigurable Optical Add-drop
`4 Multiplexer.
`5 Q. And what -- what does reconfigurable
`6 mean in that name?
`7 A. It means that the light path through
`8 the device can be modified in response to an
`9 external command.
`10 Q. Is that different than a Configurable
`11 Optical Add-drop Multiplexer?
`12 MR. LIEBMAN: Object to the form.
`13 THE WITNESS: In my mind, configurable
`14 and reconfigurable mean the same thing in this
`15 context.
`16 BY MR. NOWAK:
`17 Q. When you say in this context, what is
`18 the context you are talking about?
`19 A. In the context of fiber-optic devices.
`20 Q. But you've heard them called -- I'm
`21 assuming you've heard of the term Configurable
`22 Optical Add-drop Multiplexer; is that right?
`23 A. Yes.
`24 Q. Okay. And, obviously, you worked on
`25 Reconfigurable Optical Add-drop Multiplexers; is
`
`Page 17
`
`1 that correct?
`2 A. Yes.
`3 Q. So the -- the terms are used -- are
`4 the terms -- terms used synonymously or
`5 differently in the industry?
`6 MR. LIEBMAN: Object to the form.
`7 THE WITNESS: At the time, meaning
`8 around 2001/2002, I believe the terms were used
`9 synonymously.
`10 BY MR. NOWAK:
`11 Q. Okay. And are they used differently
`12 now?
`13 A. I don't think that the term
`14 configurable is used very often, if at all, now.
`15 But I don't -- I don't -- I'm not aware of any
`16 difference in the use of the terms.
`17 Q. Okay. So in 1999 when you started
`18 working at -- that was when you started working
`19 as JDS Uniphase; is that right?
`20 A. That's right.
`21 Q. In your mind, was there any difference
`22 between the terms, just for short, let's just
`23 call them COADMs and ROADMs, is that all right?
`24 A. Yes.
`25 Q. Okay. In 1999, when you started
`5 (Pages 14 - 17)
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`
`Page 20
`
`1 working at JDSU, was there any difference, in
`2 your mind, between the terms COADM and ROADM?
`3 A. There was no difference in my mind
`4 between those terms in 1999.
`5 Q. Is there a difference in your mind
`6 now?
`7 A. No.
`8 Q. Do you believe that other -- let me
`9 ask you, then, why -- why -- why do you believe
`10 that there are different terms for what you
`11 believe describe the same thing?
`12 MR. LIEBMAN: Objection; form.
`13 THE WITNESS: When a new product is
`14 developed -- a different new class of product is
`15 developed, different parties will have different
`16 terms for that product. And after some time,
`17 there's sort of a commonly used term that
`18 becomes generally accepted.
`19 BY MR. NOWAK:
`20 Q. What was the term used at -- at -- did
`21 -- that -- had you ever heard -- did you ever
`22 hear of the term COADM used at JDSU in 1999?
`23 A. I -- I can't recall in 1999, but I did
`24 hear the term used around that time.
`
`Page 19
`
`17 MR. LIEBMAN: I'm going to designate
`18 the transcript as confidential under the
`19 procedures for this proceeding.
`20 BY MR. NOWAK:
`
`23 Q. Are you being compensated for your
`24 time here today?
`25 A. I'm being paid my normal salary.
`
`Page 21
`1 Q. Have you been retained to offer an
`2 opinion -- well, let me back up. You understand
`3 that you've submitted declarations in support of
`4 two IPRs that were filed on behalf of JDSU; is
`5 that correct?
`6 A. Yes.
`7 Q. And did anybody retain you to offer
`8 those declarations and to sit here and give
`9 testimony today?
`10 A. Just a clarification. By retain, you
`11 mean offer compensation?
`12 Q. Well, did you sign any agreement with
`13 anybody with regard to the testimony that you're
`14 giving here today and the declarations that
`15 you've submitted on behalf of JDSU?
`16 A. I -- I did not sign any -- any
`17 agreement.
`18 Q. Okay. When did you first learn that
`19 JDSU had filed IPR petitions -- or, well, you
`20 knew by the time they were filed. When did
`21 you first -- when were you first approached to
`22 provide a declaration in support of JDSU's -- or
`23 declarations in support of JDSU's IPR petitions?
`24 A. I think it was in February 2015.
`25 Q. And who approached you?
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`1 A. Attorneys from my -- for JDSU.
`2 Q. For JDSU.
`3 And who were those attorneys? Do you
`4 remember their names?
`5 A. Adam Pavelka and Russell Latham.
`6 Q. And at some point were you introduced
`7 to attorneys outside of JDSU?
`8 A. I was introduced to Walt and Ken.
`9 Q. Okay. And -- and when was that?
`10 MR. LIEBMAN: Objection; compound.
`11 BY MR. NOWAK:
`12 Q. Were you introduced to them at the
`13 same time?
`14 A. No.
`15 Q. Okay. Who -- who were you first
`16 introduced to?
`17 A. I don't recall.
`18 Q. Okay. When -- do you have a
`19 recollection of when you were introduced to
`20 Walt?
`21 A. I -- I'll say that, in preparation
`22 -- during preparation of the declaration, I
`23 was -- I had a telephone conference call with
`24 lawyers from Faegre Baker Daniels, and I don't
`25 recall which ones they were.
`
`Page 23
`
`1 Q. Okay. Was that the -- was that the
`2 first time that you had had an introduction to
`3 the attorneys at Faegre?
`4 A. I think so.
`5 Q. And approximately when was that?
`6 A. February 20, 2015.
`7 Q. And, at that point, were you provided
`8 with a draft of your declaration?
`9 A. No.
`10 Q. At any point from the time that you
`11 were first approached by the in-house lawyers,
`12 have any attorneys for JDSU asked you to perform
`13 any search for prior art?
`14 A. No.
`15 Q. Have you provided the -- any attorneys
`16 for JDSU with prior art?
`17 A. Not related to this case.
`18 Q. Okay. Related to another IPR?
`19 A. I -- I don't think it was in relation
`20 to another IPR, but I have -- I have looked for
`21 prior art in other cases -- in other situations.
`22 Q. Okay. So not related to -- as far as
`23 you understand, not related to -- well, let me
`24 ask -- let me back up.
`25 Just as a general matter, can I ask
`
`Page 24
`1 you what that prior art was related to? What
`2 type of technology -- let me ask it that way.
`3 What type of technology was that prior art
`4 related to?
`5 A. To fiber-optic components.
`6 Q. And the prior art that you -- the
`7 other prior art that you've provided to
`8 attorneys for JDSU, I'm just trying to get a
`9 sense, did you do that once, or have you been
`10 asked multiple times by attorneys over the
`11 course of your employment to provide them with
`12 prior art?
`13 A. So the context in which I provided
`14 prior art is, when I submit a disclosure of
`15 invention myself, I have to list prior art
`16 that I'm aware of. And so the context in which
`17 I provided prior art was in filing a -- a
`18 disclosure of invention.
`19 Q. Okay. As far as you're aware, when
`20 you've provided prior art to attorneys for JDSU
`21 in the past or ever, it hasn't been related to a
`22 litigation. Is that fair to say?
`23 A. As far as I'm aware, that's true.
`24 Q. Okay. And it's -- it's not been
`25 related to a Patent Office litigation either; is
`Page 25
`
`1 that correct?
`2 A. As far as I'm aware, that's correct.
`3 Q. Okay. So is it fair to say that the
`4 prior art that you've looked at for these -- the
`5 IPRs that JDSU has filed against the Capella
`6 patents, does that prior art -- was all that
`7 prior art provided to you by attorneys for JDSU?
`8 A. Yes.
`9 Q. Okay. So I just want to just tie
`10 this up. So for -- for the two IPRs that
`11 have been filed by JDSU, you have -- you have
`12 provided no prior art to attorneys; is that
`13 correct?
`14 A. That's correct.
`15 Q. And I understand that you relied
`16 on -- in part on Dr. Marom's declarations filed
`17 on behalf of Cisco. You've relied on those
`18 declarations in coming to the conclusions relied
`19 on in -- or coming to the conclusions that --
`20 that you made in your own declarations for JDSU;
`21 is that right?
`22 A. I relied on information provided by
`23 the Marom declaration.
`24 Q. Okay. Do you have any idea of when
`25 those -- excuse me -- when those declarations
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`1 were provided to you, the Marom declarations?
`2 A. I think it was in February 2015.
`3 Q. And did the in-house attorneys provide
`4 those to you, or did the outside counsel -- or
`5 did outside counsel provide those to you?
`6 A. I can't recall.
`7 Q. Okay. Did outside coun -- did -- so
`8 do you recall if any -- do you recall if any
`9 of the prior art that you relied on in your
`10 opinions that are expressed in your declarations
`11 on behalf of JDSU were provided by in-house
`12 attorneys?
`13 A. I don't recall who -- who provided it.
`14 I don't recall if it was in-house or external.
`15 Q. Okay. Does that apply for all of the
`16 documents that you've relied on for the -- for
`17 your opinions expressed in your declarations on
`18 behalf of JDSU?
`19 A. Yes. I don't -- I don't recall
`20 whether it was internal or external counsel that
`21 provided it.
`22 Q. Can I ask you, how much time did you
`23 spend preparing -- we'll just lump -- I'd like
`24 to sort of lump them together, because I know
`25 there are two declarations, obviously. So for
`Page 27
`1 both declarations, about how much time did you
`2 spend preparing those declarations, if you can
`3 recall?
`4 A. Approximately two weeks.
`5 Q. And was that an iterative process
`6 with the attorneys, or did you prepare the
`7 drafts entirely by yourself?
`8 A. It was an iterative process.
`9 Q. With the -- with attorneys?
`10 A. With attorneys.
`11 Q. And when you said you spent
`12 approximately two weeks, was that eight hours a
`13 day for two weeks?
`14 A. I meant approximately two weeks of
`15 full-time equivalent.
`16 Q. Okay. Okay. I understand.
`17 So it wasn't straight two weeks,
`18 but it was -- over the course of your work,
`19 it amounted to about two weeks' worth of work?
`20 A. Yes.
`21 Q. So, approximately, 80 hours?
`22 A. Approximately.
`23 Q. Okay. Let me back up to your -- well,
`24 let me -- hold on. In preparation for your
`25 deposition here today, about how much time did
`
`Page 28
`
`1 you spend preparing?
`2 A. Approximately one week of full-time
`3 equivalent.
`4 Q. And did you meet with attorneys
`5 in -- in preparation for your deposition here
`6 today?
`7 A. Yes.
`8 Q. And who did you meet with?
`9 A. I met with Walt and Ken here, and
`10 internal attorneys.
`11 Q. I'm sorry?
`12 A. And internal JDSU, or Lumentum now.
`13 Q. Have you -- have you -- prior -- prior
`14 to you being contacted in about -- in around
`15 February of 2015 for work of the JDSU IPRs, were
`16 you aware -- prior to that time, were you aware
`17 that Cisco had filed IPRs against the Capella
`18 patents -- the same Capella patents?
`19 A. I was not aware of that.
`20 Q. Okay. Were you aware -- prior to
`21 February 2015 when you were first contacted to
`22 work on these IPRs, were you aware that anybody
`23 else -- any other entity had filed or was
`24 contemplating filing IPRs against the two
`25 Capella patents?
`
`Page 29
`
`1 A. I don't recall being aware of that.
`2 Q. Let me go back to your -- your
`3 education for a second, and correct me if I'm
`4 wrong -- so -- well, let me ask it a different
`5 way. When did you -- when, again, did you
`6 receive your master's?
`7 A. 1999.
`8 Q. And after your master's, did you get
`9 any further education after that?
`10 A. I completed a postgraduate certificate
`11 in optics in, I forget the date. I think it was
`12 2010.
`13 Q. And why -- well, about how long did it
`14 take you to complete that certificate?
`15 A. Part -- about three years part time.
`16 Q. And why did you -- why did you want to
`17 get that certificate?
`18 A. I wanted to increase my optics
`19 education.
`20