UNITED STATES PATENT AND TRADEMARK OFFICE
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` BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`Page 1
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`WHATSAPP, INC. and FACEBOOK, INC.,
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` Petitioner,
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` vs. DEPOSITION OF:
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` DAVID KLAUSNER
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`TRIPLAY, INC.,
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` Patent Owner.
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`- - - - - - - - - - - - - - - -
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` TRANSCRIPT of the telephonic deposition in
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`the above-entitled matter as taken by and before
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`RUTHANNE UNGERLEIDER, a Certified Court Reporter and
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`Notary Public of the State of New Jersey, held at
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`the office of GREENBERG TRAURIG, LLP, 200 Park
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`Avenue, Florham Park, New Jersey, on Wednesday,
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`April 13, 2016, commencing at approximately 9:16 in
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`the forenoon.
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` Job No. NJ2291226
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`800-227-8440
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`973-410-4040
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`Veritext Legal Solutions
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`001
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`TriPlay's Exhibit 2010
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`Page 4
`1 DAVID KLAUSNER, 318 Sylvan Way, Redwood City,
`2 California 94062, sworn
`3 DIRECT EXAMINATION BY MR. SCHINDLER:
`4 Q So, Mr. Klausner, this is Barry
`5 Schindler. And, Mr. Klausner, you're -- as I
`6 understand, you're out of the country today?
`7 A Yes.
`8 Q Okay.
`9 And you working with your counsel have
`10 agreed to do this deposition over the phone so that
`11 we could work with your schedule, correct?
`12 A Yes.
`13 Q Great.
`14 So, Mr. Klausner, again let me identify
`15 myself, we met before, but, again, my name is Barry
`16 Schindler, I'm from the law firm of Greenberg
`17 Traurig, and I represent TriPlay, the patentee in
`18 this IPR. With me sitting in this conference room is
`19 Doug Weidner. He's also a member of the firm.
`20 And do you recall meeting us both in
`21 California?
`22 A Yes, vaguely.
`23 Q Okay.
`24 Vaguely is okay.
`25 And previously when we met we discussed
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`Page 5
`1 the deposition procedure and you had informed me that
`2 you had -- you had been -- your deposition had been
`3 taken numerous times and you were aware of the
`4 procedure, correct?
`5 A Yes, but if you feel necessary to remind
`6 me of something, please go ahead.
`7 Q So, actually, the two things I do want
`8 to remind you of, given the fact that we're on the
`9 telephone and we can't see each other live, so what I
`10 would like you to do is wait until I finish my
`11 question and then answer, and answer fully. And I
`12 apologize in advance if I interrupt you in the middle
`13 of an answer because I can't see you, and so please,
`14 by all means, just say, "I haven't finished my
`15 answer."
`16 Do I have that agreement?
`17 A Yes.
`18 I probably should also remind you that
`19 there is a timing lag because of the distance between
`20 us, so please excuse me if I seem to be not
`21 responsive for a moment.
`22 Q Excellent. Excellent.
`23 And, finally, I just want to ask you the
`24 same question I asked you last time, is there any
`25 reason why you cannot answer my questions truthfully
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`Page 2
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`1 A P P E A R A N C E S:
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`23
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`COOLEY, LLP
`4 3175 Hanover Street
`5 Palo Alto, California 94304-1130
`6 BY: REUBEN H. CHEN, ESQ. (Via Phone)
`7 YUAN LIANG, ESQ. (Via Phone)
`8 Attorneys for Petitioner
`9
`10 GREENBERG TRAURIG, LLP
`11 500 Park Avenue
`12 Florham Park, New Jersey 07932
`13 BY: BARRY J. SCHINDLER, ESQ.
`14 DOUGLAS R. WEIDER, ESQ.
`15 Attorneys for Patent Owner
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`Page 3
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`1 I N D E X
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`2 3
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` DAVID KLAUSNER PAGE
`4 By: Mr. Schindler 4
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`5 6 7 8
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` E X H I B I T S
`9 NUMBER DESCRIPTION PAGE
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`12 REQUESTS FOR DOCUMENT PRODUCTION
`13 DESCRIPTION PAGE
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`Page 6
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`Page 8
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`1 today?
`2 A No.
`3 Q Great.
`4 So we're really going to spend time on
`5 two of your declarations, and the first declaration
`6 was the one that you submitted on February 14 of
`7 2015, and that's titled, "Declaration of David
`8 Klausner."
`9 Do you have a copy of that?
`10 A Hold, I think I do.
`11 Q Okay.
`12 And while you're looking, it was
`13 identified before as WhatsApp, Inc. Exhibit 1002.
`14 A I have it.
`15 Q Okay.
`16 During the deposition I'm going to refer
`17 to this exhibit and your declaration as just the
`18 declaration, is that okay? That is going to be the
`19 term I'm going to use when I refer to Exhibit 1002 as
`20 the declaration.
`21 A Yes.
`22 Q Okay.
`23 Then we received very recently a -- what
`24 is titled "Reply Declaration of David Klausner," and
`25 that is -- that is dated April 5, 2016.
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`1 I may not agree with what goes on, but
`2 the answer is absolutely, so that the deposition goes
`3 quicker, I have no issue with you having a standing
`4 objection to that.
`5 MR. CHEN: Thank you.
`6 MR. SCHINDLER: Mr. Chen, any other
`7 housekeeping on your end?
`8 MR. CHEN: I don't think so.
`9 MR. SCHINDLER: Okay.
`10 So you are also, as I understand, on the
`11 phone -- do you want to introduce who is on the phone
`12 from your firm?
`13 MR. CHEN: Yes. Thank you.
`14 I also have my colleague, Yuan Liang, on
`15 the phone.
`16 MR. SCHINDLER: Great.
`17 Thank you.
`18 BY MR.SCHINDLER:
`19 Q All right, so, Mr. Klausner, again --
`20 excuse me, did someone say something?
`21 No, I'm sorry.
`22 So, Mr. Klausner, what I'd like you to
`23 do is go to Paragraph six of your reply declaration,
`24 and tell me when you get there.
`25 A I have it.
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`Page 7
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`Page 9
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`1 Do you have a copy of the reply
`2 declaration?
`3 A Yes.
`4 Q And that is marked as WhatsApp Facebook
`5 Exhibit 1013.
`6 And for purposes of this -- for purposes
`7 of the deposition, I'm going to refer to this as the
`8 reply declaration. Is that okay for you?
`9 A Yes.
`10 MR. CHEN: Counsel, this is Reuben Chen
`11 from Cooley, I just enter my appearance, and I can
`12 also see the LiveNote or Remote Counsel now.
`13 I do have one question.
`14 I'd like to have a standing objection to
`15 the extent there are any questions asked about Mr.
`16 Klausner's original declaration that could have been
`17 asked earlier. I understand you might be asking
`18 questions related to Mr. Klausner's reply declaration
`19 that involved statements made in his opening
`20 declaration, that would be fine with me, but to the
`21 extent the questions could have been asked earlier
`22 without the reply declaration, I would like to have a
`23 standing objection.
`24 Is that okay?
`25 MR. SCHINDLER: I agree to that.
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`1 Q Okay.
`2 And if you could just read to yourself
`3 Paragraph six, I'm going to ask you some questions
`4 about that.
`5 (Witness reviews document.)
`6 A Yes.
`7 Q Okay.
`8 So in that Paragraph six you make a
`9 statement that says, "First and foremost, it
`10 expressly discloses an embodiment in which the
`11 messaging system selects the message format and
`12 layout dynamically, relying on information carried in
`13 the message itself."
`14 Do you see that sentence?
`15 A Yes.
`16 Q My question is, where in your original
`17 declaration was this argument made that's made in
`18 paragraph six?
`19 MR. CHEN: I'm going to object to the
`20 extent it would require Mr. Klausner to review the
`21 entire original declaration, unless you're going to
`22 give him the time to do that.
`23 Q So let me ask you this question then so
`24 we can short circuit this: Was this argument that's
`25 in paragraph six made in your original declaration?
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`1 A Please stand by.
`2 I'm checking.
`3 I'm still checking.
`4 MR. CHEN: And, Counsel.
`5 MR. SCHINDLER: Yes.
`6 MR. CHEN: Counsel, we believe it's
`7 responsive to Dr. Surati's argument in relation to --
`8 MR. SCHINDLER: Mr. Chen, no, no, no.
`9 I'm going to stop you here. I don't -- that is not
`10 an objection. That is clearly -- that is clearly
`11 leading the witness. I do not want that to happen.
`12 This is a simple question that I've asked. I don't
`13 want that to happen. Okay? That is not acceptable.
`14 If that is going to happen, we're going to stop this
`15 deposition immediately and we will go to the Board
`16 because that is not acceptable. And if we have to,
`17 we'll fly him back and we'll sit him in a room
`18 together.
`19 That is not a proper objection.
`20 MR. CHEN: I disagree because this is a
`21 legal issue, but I will allow him to answer the
`22 question. I'm just wondering -- I'll allow him to
`23 answer the question, but I disagree with your dispute
`24 about the comment.
`25 I'm just trying to move this deposition
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`1 A Is this good?
`2 Q Yep, we can hear you. Yes, Mr.
`3 Klausner.
`4 A Okay. Good.
`5 In my original declaration, Exhibit
`6 1002 -- you're still there, right?
`7 Q Yes, we're here. We can hear every
`8 word.
`9 A Okay.
`10 In my original declaration, 1002, I have
`11 placed a discussion of Coulombe, and it's throughout
`12 my declaration, but generally beginning in the
`13 section on Coulombe, which is -- I'll give you the
`14 paragraph number.
`15 Let's go to paragraph 46.
`16 Q Okay, we're there.
`17 A Starting in paragraph 46, I discuss the
`18 ability Coulombe has to select a layout and a format
`19 based on the contents of the message, and that
`20 continues onto -- well, the entire discussion of
`21 Coulombe involves that capability. And so based on
`22 the contents of the message means having done it
`23 dynamically because the -- because Coulombe provides
`24 information with the message. And so I think that is
`25 responsive to your question about paragraph number
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`1 along.
`2 MR. SCHINDLER: Thank you for your help.
`3 A I'm still checking.
`4 I'm still looking at my report.
`5 Q That's fine.
`6 MR. CHEN: While Mr. Klausner is
`7 reviewing the report I want to enter an objection
`8 that the question is vague, and also to the extent
`9 the question is irrelevant, it involves a legal issue
`10 between counsel.
`11 A Hello.
`12 Q Yes, Mr. Klausner, we're here.
`13 MR. CHEN: Did we lose Mr. Klausner?
`14 Q Mr. Klausner, are you there? You're
`15 going in and out.
`16 Mr. Klausner, can you hear us?
`17 A I can hear you, yes.
`18 Q Oh, good, perfect.
`19 Did you just speak, because we didn't
`20 hear anything.
`21 Mr. Klausner, are you attempting to
`22 speak?
`23 A Yes, okay, I'll start again. I was on
`24 headphones, but apparently they don't work well.
`25 Q No, they do not.
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`1 six in my reply declaration.
`2 Q So, Mr. Klausner, are you done?
`3 A Yes, I'm finished. I'm sorry.
`4 Q And, again, this is not going to be a
`5 rude thing, I just want to each time ask you that so
`6 I'm not interrupting you.
`7 You understand?
`8 A Thank you very much.
`9 Q So as I understood Paragraph six, and
`10 then it went into Paragraph seven, when you said,
`11 "First and foremost, it expressly discloses an
`12 embodiment in which the messaging system selects the
`13 message format and layout dynamically, relying on
`14 information carried in the message itself," and in
`15 that Paragraph six you talked about the patent
`16 specification, I thought you were talking about the
`17 '475 patent.
`18 A Yes.
`19 Q But you directed us to Paragraph 46 and
`20 so forth that discusses Coulombe.
`21 Where in those paragraphs that you just
`22 cited discuss the '475 specification that you're
`23 discussing in Paragraph six about disclosing an
`24 embodiment?
`25 MR. CHEN: Objection, vague, and
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`1 irrelevant.
`2 A The sections of my declaration that I
`3 pointed you to are sections that address generally
`4 each of the elements of claim one at least, with
`5 respect to Coulombe teaching the disclosures of the
`6 '475 patent.
`7 Q Is that your complete answer?
`8 A Yes.
`9 Q Okay, so let's go to Paragraph seven.
`10 Read Paragraph seven to yourself.
`11 (Witness reviews document.)
`12 A I have it, yes.
`13 Q Okay.
`14 So you see in Paragraph seven you cite
`15 to the '475 patent column 16, 51 through 63, and you
`16 say, "See also Figure 6 of the '475 patent."
`17 Do you see that?
`18 A Yes.
`19 Q And you also further down cite to the
`20 '475 patent column 16, line 63, through column 17,
`21 line four.
`22 Do you see that?
`23 A Yes, I do.
`24 Q Okay.
`25 Where in your declaration do you -- did
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`1 you previously cite those sections?
`2 MR. CHEN: Objection, lack of
`3 foundation, vague and ambiguous, and also irrelevant
`4 to the extent this involves a legal issue to be
`5 briefed between counsel.
`6 MR. SCHINDLER: I will object to those
`7 speaking objections. If you continue this, I will
`8 end this deposition, because these are speaking
`9 objections that lead the witness. You are entitled
`10 to make it, I don't even know what an irrelevant is
`11 objection, but the fact of the matter is, you're
`12 entitled to make it, but do not continue with these
`13 long objections. It is not acceptable.
`14 MR. CHEN: Mr. Schindler, please don't
`15 raise your voice. It's unnecessary.
`16 I disagree with this line of
`17 questioning. I think it's improper. We can take a
`18 break and discuss it. Perhaps we can reach some sort
`19 of resolution.
`20 MR. SCHINDLER: No, we will not take a
`21 break and reach a resolution.
`22 MR. CHEN: If you have issues with my
`23 objections, then I suggest we take a break, otherwise
`24 I'm going to continue to make them.
`25 MR. SCHINDLER: You make those
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`Page 16
`1 objections and then the record will speak for itself
`2 and as part of our motion practice we will ask for
`3 these things.
`4 Q Now, Mr. Klausner, can you answer my
`5 question?
`6 A Yes.
`7 I don't see the particular citations to
`8 column 16, lines 51, through 17:4, as cited
`9 literally.
`10 That is the end of my answer.
`11 Q And what about, do you see any citation
`12 to column 16, line 51 through 63, and see also Figure
`13 6?
`14 MR. CHEN: Objection, form. And
`15 objection, the declarations speak for themselves.
`16 A I don't see a reference to Figure 6 in
`17 my declaration directly.
`18 Q Is that your --
`19 A That is the end of my answer.
`20 Q So that is your complete answer?
`21 A Yes.
`22 Q Further on down on Paragraph seven,
`23 staying on page three, you state that "This passage
`24 discloses," and "this" referring to the passage at
`25 column 16, Lines 63, through column 17, line four of
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`Page 17
`1 the '475, you say, "This passage discloses at least
`2 two alternative techniques for selecting a format and
`3 layout for a received message. 1, relying on
`4 instructions received with a message, e.g., contained
`5 in the metadata; or 2, using instructions predefined
`6 in the system, such as a look-up table for matching
`7 intended destination device to appropriate format and
`8 layout."
`9 Do you see that sentence?
`10 A Yes.
`11 Q Was this argument previously made in
`12 your original declaration?
`13 MR. CHEN: Objection, vague and
`14 ambiguous, irrelevant.
`15 A I heard your question, I'm checking.
`16 Q Thank you.
`17 A Still looking.
`18 Q Thank you.
`19 A A quick look through my declaration, I
`20 don't see that.
`21 Q Okay.
`22 And that's your complete answer?
`23 A That is the end of my answer.
`24 Q Correct. Thank you.
`25 If you would now go to Paragraph nine
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`1 and read that yourself.
`2 A I read it.
`3 Q I'm sorry, did you read Paragraph nine?
`4 A Hello.
`5 MR. CHEN: I can hear you.
`6 Q Sorry, Mr. Klausner.
`7 Sorry, Mr. Klausner.
`8 So is that your complete answer?
`9 A Yes, a quick look, I can't find it.
`10 Q Okay.
`11 If you could go to Paragraph nine and
`12 read that to yourself.
`13 A I have it.
`14 Q And at the end of Paragraph nine you
`15 cite to the '475 patent at column 17, line 66 through
`16 line 17 -- column 17, line one.
`17 Do you see that?
`18 A Yes.
`19 That is a mistake. That is a mistake.
`20 I'm sorry, it should be 18:1.
`21 Q So that should be 18:1.
`22 So your citation of the '475 patent at
`23 column 17, line 66, through column 18, line one,
`24 where in this -- your original declaration did that
`25 appear? "That" being that citation.
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`1 Paragraph 26 -- well, I'll start
`2 earlier.
`3 Paragraph 18, Paragraph 26, Paragraph 22
`4 is part of an office action with a response from the
`5 applicant, Paragraph 25, I think I said 26, and I
`6 cite the claim -- claim one, at least, in 52, and I
`7 quote the claim in 58, and in 61, and in 63, I cite
`8 the claim in the table on page 47 and page 52 --
`9 well, those are later claims. Let's stick with claim
`10 one for now. And Paragraph 94, and Paragraph 115,
`11 and Paragraph 122, and 123, and 126, and 127.
`12 That's the end of my answer.
`13 Q Okay.
`14 So you cited a number of paragraphs and
`15 a number of pages.
`16 Would you agree that none of those
`17 paragraphs or pages cited to the '475 patent at
`18 column 17, line 66, through column 18, line one?
`19 MR. CHEN: Objection, the declarations
`20 speak for themselves, vague and ambiguous,
`21 irrelevant.
`22 A Yes, I don't see literally the column
`23 reference to column 17 in my declaration.
`24 Q Thank you.
`25 If you would go to Paragraph 11 now and
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`1 MR. CHEN: Objection, lack of
`2 foundation, vague and ambiguous, irrelevant.
`3 A Please standby.
`4 Q Thank you.
`5 A Although the declaration does not seem
`6 to cite to 17:66, I do point out that the '475 patent
`7 uses, for example, the word formats in plural and
`8 places no limitation on how many formats there may
`9 be.
`10 Q And where do you state that?
`11 A Throughout the declaration the word
`12 formats -- let's see, I'll see if I can find it for
`13 you.
`14 In Paragraph 18 of my declaration I cite
`15 to the '475 background of the invention that teaches
`16 that new message formats are arising, and it does not
`17 have a limitation on the number of formats, and the
`18 claims use formats in the plural without a limitation
`19 on a number.
`20 Q Where did you just state --
`21 A And --
`22 Q Where did you state that in -- so my
`23 question, I'm sorry to interrupt you, my question is,
`24 in your declaration, please point to the paragraphs.
`25 A Yes, okay, the paragraphs.
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`1 read that to yourself.
`2 (Witness reviews document.)
`3 A I'm reading page five and six.
`4 Q Correct.
`5 Tell me when you're complete with
`6 Paragraph 11.
`7 A I finished reading my Paragraph 11.
`8 Q So I would like to direct you to the
`9 last sentence on page six of Paragraph 11, and it
`10 reads, "A person of ordinary skill in the art would
`11 interpret claim one under its broadest reasonable
`12 interpretation to cover selection from both the fixed
`13 choices in a look-up table predefined in the
`14 messaging system, and the selecting format and layout
`15 dynamically based on instructions or metadata
`16 provided with the incoming message itself."
`17 Do you see that sentence?
`18 A Yes.
`19 Q Was this argument --
`20 A Yes, I do.
`21 Q Was this argument previously made in
`22 your original declaration?
`23 MR. CHEN: Objection, vague and
`24 ambiguous, irrelevant.
`25 A I don't see that in a quick look.
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`1 That ends my answer.
`2 Q Thank you.
`3 So if you could now move onto Paragraph
`4 17, and if you could read Paragraph 17 to yourself
`5 and then I'll have some questions.
`6 A All right.
`7 (Witness reviews document.)
`8 A I have finished reading Paragraph 17.
`9 Q Thank you.
`10 So in Paragraph 17 you state in the
`11 second sentence, "Further down in claim one, the
`12 claim recites the selection of the format and layout,
`13 and conversion of the message is done in accordance
`14 with at least one criterion selected from a group
`15 comprising, followed by three identified criteria
`16 relating to communication capabilities, displaying
`17 capabilities, and communication media. This language
`18 would have indicated to a person of ordinary skill in
`19 the art that the applicant knew how to use the verb
`20 'select' in the context of choosing from a limited
`21 set of options."
`22 Do you see those two sentences?
`23 A Yes.
`24 Q Was this argument previously made in
`25 your original declaration?
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`1 Do you see those two sentences?
`2 A Yes.
`3 Q Was this argument previously made in
`4 your original declaration?
`5 MR. CHEN: Objection, vague and
`6 ambiguous, irrelevant.
`7 A My quick look through my declaration
`8 does not show that, and that is the end of my answer.
`9 Q Thank you.
`10 So if you go to Paragraph 30 now. I'd
`11 like you to read Paragraph 30.
`12 A I have Paragraph 30 and I'm reading it.
`13 Q Thank you very much, Mr. Klausner.
`14 (Witness reviews document.)
`15 A I have read it.
`16 Q I'd like to direct you on page 18 to the
`17 sentence that begins, "Text editing programs were
`18 widely available and universally known prior to 2005
`19 and include word processing programs (e.g. Microsoft
`20 Word) and more rudimentary text editors (such as
`21 Microsoft Notepad). It would have been common
`22 knowledge and apparent to a person of ordinary skill
`23 in the art that the style sheets in Tittel and Druyan
`24 (which disclose the template recited in claim six)
`25 could have been created through a text editor program
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`Page 23
`1 MR. CHEN: Objection, irrelevant, the
`2 declarations speak for themselves, vague and
`3 ambiguous.
`4 A In a quick look through my declaration,
`5 I do not see that.
`6 That is the end of my answer.
`7 Q Thank you.
`8 Can you go now to Paragraph 29, and read
`9 that to yourself?
`10 A I'm reading 29.
`11 Q Thank you very much.
`12 (Witness reviews document.)
`13 A I've completed reading 29.
`14 Q Wonderful.
`15 I would like to direct you to page 18 of
`16 your declaration that states, "One of ordinary skill
`17 in the art would have understood that the content
`18 shown in the user interface (to left of Figure 2) can
`19 be created using a visually displayed interface of
`20 the sending terminal. It was also well-known to
`21 those of ordinary skill in the art prior to 2005 that
`22 a created message akin to what is shown to the left
`23 of Figure 2 can be formatted as an HTML document
`24 having a layout defined using CSS," period, and then
`25 you have a number of citations.
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`Page 25
`1 that provides a user interface for typing in and/or
`2 editing style sheet text." And then you have a
`3 number of citations. And then you go, "Therefore,
`4 for all of these reasons the prior art" -- I'm sorry,
`5 strike that.
`6 So my question is not the last sentence,
`7 but before the last sentence, this reference to the
`8 text editing programs and the specific citation to
`9 one or more of these, was this argument previously
`10 made in your original declaration?
`11 MR. CHEN: Objection, vague and
`12 ambiguous, irrelevant.
`13 A I understand your question, please give
`14 me a moment.
`15 Q Thank you.
`16 A I have done a quick look at my
`17 declaration, and I do not see that, and that is the
`18 end of my answer.
`19 Q Thank you.
`20 Can you now go to Paragraph 36?
`21 A I have 36.
`22 Q Okay.
`23 So if you could read 36 to yourself.
`24 (Witness reviews document.)
`25 A Yes, I've read it.
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`Page 26
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`1 Q So I would like to direct you to the
`2 second sentence, that says, "Druyan specifically
`3 discloses that a derivative style sheet may be
`4 created," quote, "manually," and you cite the exhibit
`5 and the Paragraph 118 quoting Druyan at column three,
`6 line 37 through 41.
`7 Do you see that?
`8 A Yes.
`9 Q Now, other than Paragraphs 118 and 119
`10 of your original declaration, do you make that
`11 argument anywhere else?
`12 MR. CHEN: Objection, the declarations
`13 speak for themselves, vague and ambiguous,
`14 irrelevant.
`15 A I do. I point you to Paragraph 92 of my
`16 declaration in the last sentence.
`17 Q Wait until I get there, wait for a
`18 second.
`19 Okay, Paragraph 92.
`20 Other than Paragraph 92, 118 and 119, is
`21 there any other parts of your declaration that made
`22 this argument?
`23 A Yes. I point you to Paragraph 114 on
`24 Page 75, next to the last sentence.
`25 Well, several sentences before the end
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`Page 28
`1 I'm answering the questions the best way I can.
`2 Q But, Mr. Klausner, you didn't answer my
`3 question. Did you write these declarations?
`4 A Yes.
`5 Q And you're comfortable with what these
`6 declarations state, correct?
`7 A Yes, they state what I intended.
`8 Q And you spent time doing these
`9 declarations, correct?
`10 A Yes.
`11 Q And you were paid for these
`12 declarations, correct?
`13 MR. CHEN: Objection, irrelevant, and
`14 harassing in tone.
`15 Q You can answer my question, Mr.
`16 Klausner.
`17 A My answer is no, I was paid for my time.
`18 Q And did your time include writing these
`19 declarations?
`20 A Yes, it did.
`21 Q And are you comfortable with what you
`22 stated in these declarations?
`23 MR. CHEN: Objection, asked and
`24 answered.
`25 The line of questioning is harassing,
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`Page 29
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`1 of the paragraph.
`2 Q Okay.
`3 Anywhere else?
`4 MR. CHEN: I will object that the
`5 declarations speak for themselves. This is not a
`6 memory test.
`7 Q Mr. Klausner, because I'm not sitting in
`8 the room with you, you do have your declarations in
`9 front of you, correct?
`10 A I do, but they're fairly large and it's
`11 not that easy to verify that something is absent,
`12 it's too difficult.
`13 Q Right, but during this deposition I have
`14 given you as much time as you need, correct?
`15 A Well, I would need quite a bit more time
`16 to go through it word by word and to see that the
`17 analysis -- to perform an analysis as opposed to a
`18 textural examination. They're two very different
`19 things.
`20 Q You wrote these two declarations,
`21 correct?
`22 A Well, surely you can understand that
`23 asking the question, showing me that something is
`24 missing, is a very hard thing to do in a declaration
`25 that is 60 or 40 pages. So I'm doing my best, and
`
`1 Counsel. I caution you.
`2 Q You can answer my question, Mr.
`3 Klausner.
`4 A Yes.
`5 Q Okay.
`6 Now, Mr. Klausner, can we go back to my
`7 question and see if there is any other paragraphs
`8 that you can tell me that supports the argument you
`9 have now made in Paragraph 36 in addition to the
`10 paragraphs you've listed?
`11 MR. CHEN: Objection, the declarations
`12 speak for themselves, vague and ambiguous,
`13 irrelevant.
`14 A In addition to the paragraphs that I've
`15 noted and the paragraphs that you have also noted,
`16 there is also Paragraph 124, in the last part of that
`17 paragraph.
`18 Q Any other paragraphs?
`19 MR. CHEN: Same objection.
`20 A In the quick look that I have made,
`21 those are the ones that I can see.
`22 That's the end of my answer.
`23 Q Thank you very much.
`24 Now, if you would go to Paragraph 37 and
`25 read that yourself.
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`8 (Pages 26 - 29)
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`1 A I have 37.
`2 Q Thank you.
`3 Please read that to yourself.
`4 (Witness reviews document.)
`5 A I've read it.
`6 Q Thank you.
`7 The last sentence you state, "There is
`8 nothing about Druyan that requires creation of a
`9 derivative style sheet, only in response to requests
`10 from a web browser."
`11 Do you see that sentence?
`12 A It's very close. It's "response to a
`13 request" --
`14 Q Sorry.
`15 A -- "of a web browser."
`16 Q Given that correction, do you see that
`17 sentence?
`18 A Yes.
`19 Q Was this argument previously made in
`20 your original declaration?
`21 MR. CHEN: Objection, vague and
`22 ambiguous, irrelevant, the declarations speak for
`23 themselves.
`24 A Please standby.
`25 Q Thank you.
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`Page 32
`1 Coulombe for the purpose of reusing capabilities
`2 information obtained from a destination device for
`3 future messages," and you site Coulombe. And then
`4 you have a quote from Coulombe.
`5 Do you see that?
`6 A I do.
`7 Q Was this argument previously made in
`8 your original declaration?
`9 MR. CHEN: Objection, vague and
`10 ambiguous, irrelevant, the declarations speak for
`11 themselves.
`12 A I heard your question, I'm checking.
`13 Q Thank you.
`14 A I finished a quick look at my
`15 declaration and I don't see that, and that completes
`16 my answer for this question.
`17 Q Thank you.
`18 So now I would like to direct you still
`19 in Paragraph 38 to the first sentence that says, "In
`20 addition, a person of ordinary skill in the art would
`21 have found no significance in the timing of the
`22 creation of a derivative style sheet, and therefore,
`23 would not have found Dr. Surati's definition to
`24 create any meaningful distinction."
`25 Do you see that?
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`Page 33
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`1 A I finished a quick look at my
`2 declaration and I don't see that, and that completes
`3 my answer.
`4 Q Thank you.
`5 If you would go to Paragraph 38 and read
`6 that.
`7 A Yes.
`8 Q Tell me when you've finished Paragraph
`9 38, reading it.
`10 A I will.
`11 Q Thank you.
`12