UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Page 1
`
`WHATSAPP, INC. and FACEBOOK, INC., )
` )
` Petitioner, )
` )
` vs. ) IPR2015-00740
` )
`TRIPLAY, INC., )
` )
` Patent Owner. )
`____________________________________ )
`________________________________________________________
`
` DEPOSITION OF DAVID KLAUSNER
` Palo Alto, CA
`
` Wednesday, November 4, 2015
` Volume I
`
`Reported by: SUSAN F. MAGEE, RPR, CCRR, CLR
`CSR No. 11661
`
`Pages 1-87
`
`1
`2
`
`345
`
`6
`
`7
`
`8
`
`9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`001
`
`TriPlay's Exhibit 2005
`
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Page 1
`
`WHATSAPP, INC. and FACEBOOK, INC., )
` )
` Petitioner, )
` )
` vs. ) IPR2015-00740
` )
`TRIPLAY, INC., )
` )
` Patent Owner. )
`____________________________________ )
`________________________________________________________
`
` DEPOSITION OF DAVID KLAUSNER
` Palo Alto, CA
`
` Wednesday, November 4, 2015
` Volume I
`
`Reported by: SUSAN F. MAGEE, RPR, CCRR, CLR
`CSR No. 11661
`
`Pages 1-87
`
`1
`2
`
`345
`
`6
`
`7
`
`8
`
`9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`001
`
`TriPlay's Exhibit 2005
`
`
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Page 2
`
`WHATSAPP, INC. and FACEBOOK, INC., )
` )
` Petitioner, )
` )
` vs. ) IPR2015-00740
` )
`TRIPLAY, INC., )
` )
` Patent Owner. )
`____________________________________ )
`________________________________________________________
`
` DEPOSITION OF DAVID KLAUSNER taken on behalf of
` Patent Owner at COOLEY LLP, 3175 Hanover
` Street, Palo Alto, CA 94304-1130, beginning at
` 9:09 a.m. and ending at 1:01 p.m. on Wednesday,
` November 4, 2015, before Susan F. Magee, RPR,
` CCRR, CLR, Certified Shorthand Reporter
` No. 11661.
`
`1
`2
`
`345
`
`6
`
`7
`
`8
`
`9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`002
`
`TriPlay's Exhibit 2005
`
`
`
`Page 20
` A. There are boxes, Items 32 and 60, along with 34
`that are involved in receiving registration information
`from the receiving device to determine its
`characteristics and selects those characteristics
`returned by the receiving device as a result of the
`registration process.
` In addition, there is also the Message
`Adaptation Engine Control 64 of Item 20.
` Q. In Figure 3?
` A. Also in Figure 3 --
` Q. Okay.
` A. -- that selects those characteristics of the
`receiving device and forwards them on to Item 68 within
`Item 20 for the purposes of performing the -- comparing
`and determining.
` Q. Okay.
` A. That ends my answer.
` Q. So when you refer to -- in this Figure 3 -- and
`you discussed each one of those. Where in Coulombe in
`the text does it disclose that it's doing a selection
`process? I heard that -- I will agree that Coulombe
`talks about determining or determines, but where does
`Coulombe talk about selecting in -- when it's talking
`about Message Adaptation Engine?
` A. An example would be in Coulombe paragraph 57.
`
`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
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`003
`
`TriPlay's Exhibit 2005
`
`
`
`Page 21
`
` Q. 57. Okay.
` A. Which, along with the paragraphs that precede
`and follow, describes a resolution of the terminal
`capabilities of the registering terminal. That
`includes -- that determination or resolution includes
`selecting them.
` Q. So where does it talk -- where does it disclose
`that it's selecting? I understand you're talking
`resolution and determining. Where in the -- this
`paragraph you're referring to me -- 54, 55, 56, 57 --
`does it talk about a selection process?
` A. As I've just described, that is a selection
`process.
` Q. So when you're doing resolution and
`determining, you're saying that's equivalent to
`selecting?
` A. Yes.
` Q. Okay.
` A. In addition, adaption is also equivalent to
`selecting.
` Q. Oh. So adapting is also equivalent to
`selecting?
` A. Yes.
` Q. Okay. So let me ask you a hypothetical.
` If I have a multiple choice exam and I can
`
`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
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`004
`
`TriPlay's Exhibit 2005
`
`
`
`Page 22
`select from A, B and C, on the other hand if I give you
`that same test and you must answer it without A, B or
`C -- it's not a multiple choice question -- is that also
`selecting?
` MR. CHEN: Objection. Incomplete hypothetical.
` THE WITNESS: I don't understand.
` BY MR. SCHINDLER: Q. Okay. You would agree,
`if I have a multiple choice exam and I have A, B and C,
`I'm going to select either A, B or C.
` You agree with that?
` A. Yes.
` Q. I would select. I have that same exam, and the
`professor now makes me come up with an answer that I
`must determine, am I also doing a selection?
` A. Yes. You're selecting A, B or C.
` Q. No. The second exam there is no -- you're not
`given a choice of A, B or C. You must write down an
`answer. You must determine an answer.
` Is that the same thing as selection?
` MR. CHEN: Objection. Incomplete hypothetical.
` THE WITNESS: I don't understand. I can also
`choose not to answer.
` BY MR. SCHINDLER: Q. That's your prerogative.
`I'm trying to understand here --
` A. I mean, in your hypothetical --
`
`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
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`005
`
`TriPlay's Exhibit 2005
`
`
`
`Page 23
`
` Q. Yes.
` A. -- I can choose not to answer.
` Q. You can choose whatever you want the answer is
`going to be.
` I'm trying to determine, when Coulombe talks
`about selecting, for example, selecting the layout --
`and does Coulombe say selecting the layout?
` MR. CHEN: Objection. Form.
` THE WITNESS: Coulombe talks about adapting the
`layout, and that is selection.
` BY MR. SCHINDLER: Q. And so according to you,
`adapting and selecting are the same thing when you're --
`hold on. Let me strike that.
` So I am adapting the layout is the same thing
`to you as selecting the layout?
` MR. CHEN: Objection. Form.
` THE WITNESS: The file history for the '475
`patent shows that the applicant argued to the Patent
`Office that adapting means selecting.
` BY MR. SCHINDLER: Q. So --
` A. That informs me about part of what the '475
`patent is teaching, and so you have my answer.
` Q. So just to be clear, so you're saying the
`reason that you're reading Coulombe, when it talks about
`adapting to be equivalent to selecting, is based on the
`
`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
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`006
`
`TriPlay's Exhibit 2005
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
