1
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`Capital Reporting Company
`Klausner, David 10-28-2015
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` UNITED STATES PATENT AND TRADEMARK OFFICE
` BFORE THE PATENT TRIAL AND APPEAL BOARD
`
`------------------------------:
`FACEBOOK, INC.; INSTAGRAM, :
`LLC, :
` :
` Petitioner, :
` :
` vs. : No. IPR2015-00778
` :
`TLI COMMUNICATIONS, LLC, :
` :
` Patent Owner. :
`------------------------------: PAGES 1 - 63
`
` PALO ALTO, CALIFORNIA
` WEDNESDAY, OCTOBER 28, 2015
`
`DEPOSITION OF:
`
` DAVID KLAUSNER
` Deposition of DAVID KLAUSNER, taken on behalf of
`Patent Owner, at Cooley, LLP, 3175 Hanover Street, Palo
`Alto, California, commencing at 9:05 a.m., Wednesday,
`October 28, 2015, before Kelli Combs, CSR No. 7705.
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`(866) 448 - DEPO www.CapitalReportingCompany.com © 2015
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`Facebook et al. v. TLI Commuinications
`IPR2015-00778 Ex. 2007
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`
`
`Capital Reporting Company
`Klausner, David 10-28-2015
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
` BFORE THE PATENT TRIAL AND APPEAL BOARD
`
`------------------------------:
`FACEBOOK, INC.; INSTAGRAM, :
`LLC, :
` :
` Petitioner, :
` :
` vs. : No. IPR2015-00778
` :
`TLI COMMUNICATIONS, LLC, :
` :
` Patent Owner. :
`------------------------------: PAGES 1 - 63
`
` PALO ALTO, CALIFORNIA
` WEDNESDAY, OCTOBER 28, 2015
`
`DEPOSITION OF:
`
` DAVID KLAUSNER
` Deposition of DAVID KLAUSNER, taken on behalf of
`Patent Owner, at Cooley, LLP, 3175 Hanover Street, Palo
`Alto, California, commencing at 9:05 a.m., Wednesday,
`October 28, 2015, before Kelli Combs, CSR No. 7705.
`
`(866) 448 - DEPO www.CapitalReportingCompany.com © 2015
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`Facebook et al. v. TLI Commuinications
`IPR2015-00778 Ex. 2007
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`Capital Reporting Company
`Klausner, David 10-28-2015
`
`1 A P P E A R A N C E S
`
`2
`
`2 3
`
`FOR PETITIONER:
`4 COOLEY, LLP
` BY: ANDREW MACE, ESQ
`5 3175 Hanover Street
` Palo Alto, California 94304
`6 650.843.5808
` amace@cooley.com
`
`7 8 9
`
`FOR PATENT OWNER:
`10 ASCENDA LAW GROUP
` BY: TAREK N. FAHMI, ESQ.
`11 333 W. San Carlos Street, Suite 200
` San Jose, California 95110-2730
`12 408.389.3537
` tarek@ascendalaw.com
`13
`14
`15
`16
`17
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`Capital Reporting Company
`Klausner, David 10-28-2015
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`1 I N D E X
`2 DAVID KLAUSNER
`3 EXAMINATION PAGE
`4 (BY MR. FAHMI) 4
`
`3
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`5 6 7 8
`
` EXHIBITS
`9 EXHIBIT NO. PAGE
`10 Exhibit 1001 '295 patent 7
`11 Exhibit 1002 Declaration of David 6
` Klausner
`12
`Exhibit 1003 A portion of the Lichty 45
`13 reference
`14
`15
`16
`17
`18
`19
`20
`21
`22
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`4
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`Capital Reporting Company
`Klausner, David 10-28-2015
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`1 P R O C E E D I N G S
`2 DAVID KLAUSNER,
`3 after having been duly sworn, testified as follows:
`4 EXAMINATION
`5 BY MR. FAHMI:
`6 Q Would you state your name for the record,
`7 please.
`8 A David Klausner.
`9 Q Mr. Klausner, good morning. My name is Tarek
`10 Fahmi. We're here today for your deposition in
`11 connection with a matter that's pending before the U.S.
`12 Patent Office. It's Inter Parties Review Number
`13 2015-00778 and it concerns U.S. Patent 6,038,295.
`14 Do you understand that?
`15 A Yes.
`16 Q Have you ever been deposed before, sir?
`17 A Yes.
`18 Q How many times, approximately?
`19 A Over 60 times.
`20 Q When was the last time; do you remember?
`21 A Last Wednesday.
`22 Q Well, I'm sure, then, that you've become
`23 familiar with some of the basic ground rules of the
`24 depositions, but I'd like to go over just a couple so
`25 that you and I have a common understanding.
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`Capital Reporting Company
`Klausner, David 10-28-2015
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`5
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`1 Okay?
`2 A (Nods head.) Yes.
`3 Q As you know, I'll be asking questions and
`4 you'll be providing answers to those questions. And as
`5 we're having that dialogue, I would ask that if you
`6 could wait until I have finished asking a question, I'll
`7 try and extend you the same courtesy and wait until
`8 you've finished giving an answer before I ask another
`9 question. That way only one of us is speaking at a
`10 time, and it makes the court reporter's job of
`11 transcribing the conversation much easier.
`12 Is that all right?
`13 A Yes.
`14 Q And as you're currently doing, I'd ask that
`15 you continue to please give audible answers to the
`16 questions. Again, it makes the court reporter's task
`17 much easier. She has difficulty taking down nonverbal
`18 communications like nods of the head, et cetera. So
`19 audible answers only, please.
`20 Is that all right?
`21 A Yes.
`22 Q And if at any time today I ask a question that
`23 you didn't hear or didn't understand or simply want
`24 repeated for any reason, just let me know. I'm more
`25 than happy to repeat it or try to rephrase it if it was
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`Klausner, David 10-28-2015
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`6
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`1 unclear. You just need to let me know that's the case.
`2 All right?
`3 A Yes.
`4 Q By the same token, if you answer a question
`5 and you haven't asked for any clarification, I'll assume
`6 that you're answering the question that I've asked.
`7 Is that fair?
`8 A Yes.
`9 Q Do you have any questions before we begin?
`10 A No.
`11 Q You provided a declaration in support of the
`12 Facebook petition in this matter; is that right?
`13 A Yes.
`14 Q When's the last time you had a chance to
`15 review that declaration?
`16 A Last night.
`17 Q Let me hand you a copy of what's been
`18 previously marked as Exhibit 1002.
`19 (Exhibit 1002 previously marked
`20 for identification.)
`21 THE WITNESS: Thank you.
`22 BY MR. FAHMI:
`23 Q Do you recognize this exhibit, sir?
`24 A Yes.
`25 Q What do you recognize it as?
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`Capital Reporting Company
`Klausner, David 10-28-2015
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`7
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`1 A It's a copy of my declaration.
`2 Q I'm going to ask you to turn to paragraph 10.
`3 It's on -- well, there's two page numbers. I think it's
`4 page 5 of the declaration, page 8 of the exhibit.
`5 A I have it.
`6 Q In this paragraph you render an opinion
`7 concerning the educational and other experience of a
`8 person of ordinary skill in the art as of June 1996,
`9 right?
`10 A Yes.
`11 Q And in rendering this opinion, what did you
`12 consider to be the art, as expressed here?
`13 A The art of the patent.
`14 Q What is that?
`15 A Which is the -- essentially the patent
`16 statement and the contents of the patent, specifically
`17 the summary, the background and the summary of the
`18 invention.
`19 Q Okay.
`20 So let me hand you a copy of what's been
`21 marked as Exhibit 1001.
`22 (Exhibit 1001 previously marked
`23 for identification.)
`24 THE WITNESS: Thank you.
`25 BY MR. FAHMI:
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`IPR2015-00778 Ex. 2007
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`Capital Reporting Company
`Klausner, David 10-28-2015
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`8
`
`1 Q Do you recognize this exhibit?
`2 A Yes.
`3 Q What do you recognize it as?
`4 A This is the '295 patent.
`5 Q And this is the patent that's the subject of
`6 your declaration, right?
`7 A Yes.
`8 Q So when you said that the art was as expressed
`9 in the summary of the invention, what portion of the
`10 patent were you referring to?
`11 A The name of the patent, the title, which is
`12 bracket 54 on the face page, the abstract, which is
`13 bracket 57, the background section, which includes the
`14 field of the invention, and the description of the
`15 related art on Column 1, and the summary of the
`16 invention that is included in Columns 1 through 4.
`17 Q So all of that would have constituted the art
`18 when you considered the education and background and
`19 experience of the person of ordinary skill; is that
`20 right?
`21 A At least that, yes.
`22 Q Anything else?
`23 A Well, the totality of the '295 patent, the
`24 disclosure, including the Claims.
`25 Q So let's look again at paragraph 10 in your
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`Capital Reporting Company
`Klausner, David 10-28-2015
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`9
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`1 declaration.
`2 How did you determine the level of ordinary
`3 skill in this art as of June 1996?
`4 A I looked at the disclosure in the patent. I
`5 compared it to the technologies that I was aware of as
`6 of June 1996 as a person of ordinary skill or might be
`7 after I determined what that person would be, and I
`8 looked at what was required of such a person in order to
`9 understand and perhaps create embodiments of the patent.
`10 Q So thinking about the time period of
`11 June 1996, what sort of coursework would a person who
`12 possessed at least a bachelor's degree in electrical
`13 engineering or computer science or equivalent have had
`14 at that time?
`15 A They would have had coursework in programming,
`16 in understanding ICs in the architecture of a computer
`17 and an understanding of cameras and client server
`18 operations.
`19 Q Anything else?
`20 A I'm thinking. I would add generally an
`21 understanding of digital images or digital imaging
`22 technology.
`23 Q Anything else?
`24 A I don't think so.
`25 Q So considering the coursework that this person
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`Klausner, David 10-28-2015
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`10
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`1 would have had in programming, what sort of skills would
`2 they have learned?
`3 A How to write programs to perform tasks. Some
`4 of these tasks include interfacing with operating system
`5 application programming interfaces and integrating the
`6 use of devices with computers.
`7 Q Would this be programming in high-level
`8 languages, low-level languages or both?
`9 A How do you mean in your question, high level
`10 and low level?
`11 Q So, for example, are you familiar with the
`12 programming language C++?
`13 A Yes.
`14 Q And would the person of ordinary skill have
`15 learned how to write programs as you've described in a
`16 language such as C++?
`17 A I think that's possible but not absolutely
`18 necessary.
`19 Q Not absolutely necessary that it be C++?
`20 A Correct.
`21 Q Could it have been another language that
`22 allows for human readable code; is that right?
`23 A Yes.
`24 Q For example -- I'll date myself -- Fortran
`25 would be such a language, correct?
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`Klausner, David 10-28-2015
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`11
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`1 A In 1996, it's possible that Fortran would
`2 suffice. I'm thinking more along the lines of C.
`3 Q Any other similar programming languages that
`4 you can recall?
`5 A I think embodiments could have been at least
`6 partially built using a variety of programming languages
`7 at the time; that may have included script processors
`8 such as PHP. I forget the exact date of PHP's
`9 introduction, but I imagine it may have been around that
`10 time, as well as assembly language for the particular
`11 processors involved.
`12 Q What do you mean by "assembly language"?
`13 A An assembly language is a lower-level language
`14 that usually has a one-to-one correspondence between its
`15 commands and the binary commands of the underlying
`16 processor.
`17 Q So both the higher-level languages, such as C
`18 or the script processors or the lower-level languages,
`19 such as the assembly language, would have been within
`20 the skills of the person of ordinary skill in the art in
`21 June of 1996?
`22 A I think one language would have been, and the
`23 language likely would be C. The others may be depending
`24 on the individual and the coursework available at their
`25 school.
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`Klausner, David 10-28-2015
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`12
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`1 Q I think you also mentioned that the person of
`2 ordinary skill would have taken coursework in
`3 understanding ICs; is that right?
`4 A They wouldn't -- they may have, yes. Yes.
`5 Q Would it be required for them to be a person
`6 of ordinary skill?
`7 A I don't think so.
`8 Q By "ICs," you meant integrated circuits?
`9 A Yes.
`10 Q I think you also mentioned that the person of
`11 ordinary skill would have taken coursework in
`12 understanding the architecture of computers; is that
`13 right?
`14 A Yes. For example, how modems might be used
`15 with computers and how devices might be attached.
`16 Q What do you mean by "devices"?
`17 A Sometimes computers have built-in
`18 capabilities, and sometimes they rely on what are called
`19 peripherals to supply those capabilities.
`20 Q Can you think of some examples of those
`21 peripherals?
`22 A A modem might be one such peripheral; the
`23 ability to dial out or accept dial-in digital and audio
`24 calls.
`25 Another example might be hard drives. A
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`13
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`1 typical system in 1996 would have had an embedded hard
`2 drive. They were, however, systems that also had
`3 external hard drives that were connected, that were not
`4 embedded inside the system.
`5 Q What do you mean when you are referring to the
`6 term "system"?
`7 A Computer.
`8 Q Are you thinking about a personal computer or
`9 another type of computer?
`10 A Any computer.
`11 Q Anything else that the person of ordinary
`12 skill would have understood about the architecture of a
`13 computer at that time?
`14 A I don't think so.
`15 Q You also mentioned that the person of ordinary
`16 skill would have an understanding of cameras; is that
`17 right?
`18 A Yes.
`19 Q And what did you mean by that?
`20 A The understanding that cameras can capture
`21 information in digital form and retain that information
`22 as well as transfer that information to outside of
`23 themselves.
`24 Q Were digital cameras part of the coursework of
`25 a person of ordinary skill in the art as of June 1996 in
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`14
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`1 electrical engineering or computer science?
`2 A I don't think so. They were within the
`3 knowledge of a person at that time; there were digital
`4 cameras and they could maintain and transfer images.
`5 Q How would the person of ordinary skill in the
`6 art have acquired that knowledge?
`7 A Through their experience in society.
`8 Q So it's the existence of such devices that the
`9 person of ordinary skill would be familiar with; is that
`10 right?
`11 A Yes, as the '295 patent says in its first
`12 several columns.
`13 Q Would the person of ordinary skill have to be
`14 familiar with the operation of such cameras?
`15 A I think generally, yes. The reason I pause is
`16 because we don't necessarily need to know how to fly
`17 aircraft to take plane rides. We use it as a -- what we
`18 think is a functioning device, and the same with digital
`19 cameras. I'd imagine it's possible to have created an
`20 embodiment without ever having physically used a camera,
`21 but just understanding that it can be used to capture
`22 digital images, but probably it had been used, so I
`23 would say generally yes.
`24 Q And would the person of ordinary skill need an
`25 understanding of how the digital camera stored images?
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`15
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`1 A To the extent that the person would need to
`2 know how to move those images from within the camera to
`3 another place, yes. For example, if the camera stored
`4 images on a chip or on its internal memory and used a
`5 interface to transfer the images from within the camera
`6 to outside.
`7 Q Does that mean the person of ordinary skill
`8 would have to be familiar with the camera's operating
`9 system?
`10 A I find the question vague.
`11 Q Well, let me see if I can clarify it.
`12 You indicated that the person of ordinary
`13 skill would have to have some knowledge of how to move
`14 images stored by the camera to the outside, right?
`15 A To outside of the camera.
`16 Q And so my question was: In order to know
`17 that, does the person of ordinary skill have to know
`18 anything about the camera's operating system?
`19 A Yes, they would need to know something about
`20 the camera's operating system.
`21 Q Can you think of what they would need to know?
`22 A They would need to know how to enable the
`23 camera to do the transfer that I described.
`24 Q For example, invoke some command of the camera
`25 in order to effect the transfer; is that what you had in
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`16
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`1 mind?
`2 A That's one thing that might be possible.
`3 Another is to enable the camera to be accessed or enable
`4 the chip to be accessed if the images are on the chip.
`5 Q What do you mean by enable the camera or the
`6 chip to be accessed?
`7 A Well, for example, a mode on a camera may be
`8 the photograph mode, photography mode, in which case the
`9 camera is prepared to take a photo. In that mode, it
`10 may not be prepared to release access to an image. So
`11 there may be a mode that requires enabling access to an
`12 image.
`13 In another example, if the images on a chip
`14 and the particular camera requires that the chip not
`15 be -- or does not permit the chip to be accessed from
`16 without the camera, then the chip needs to be removed to
`17 allow that access of the chip contents to be
`18 accomplished.
`19 Q Anything else about the camera that the person
`20 of ordinary skill as of June 1996 would have to know?
`21 A I don't think so.
`22 Q Going back to the coursework that you had
`23 mentioned that the person of ordinary skill would have
`24 undertaken, I think you mentioned client server
`25 applications; is that right?
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`17
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`1 A Client server -- yes, generally that's yes.
`2 Q What did you mean by that?
`3 A The knowledge that -- that there are two
`4 services that operate in an environment of the '295
`5 patent, and one of them acts as a client. It provides
`6 to the other service, which is called the server, that
`7 performs activities on behalf of the client.
`8 Q And I think you also indicated that the person
`9 of ordinary skill would require an understanding of
`10 digital imaging technology; is that right?
`11 A To some extent, that at least there is such a
`12 thing.
`13 Q Other than the existence of such technology,
`14 would the person of ordinary skill require any other
`15 knowledge?
`16 A I'm looking briefly at the patent. When I say
`17 knowledge about that technology, I mean to say that it
`18 comprises the fact that images can be created, that they
`19 exist, that they can be transferred. Those are examples
`20 of things that the patent requires.
`21 Q If we look back at your declaration in
`22 paragraph 10, you indicate that in addition to the
`23 bachelor's degree, the person of ordinary skill would
`24 also have at least two years of practical experience in
`25 computer programming and the development and
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`18
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`1 implementation of computer communication systems, right?
`2 A If you say four years, I think that's right.
`3 Q I'm sorry, I'm looking at the first sentence
`4 of paragraph 10.
`5 A Oh, then yes. Correct.
`6 Q Okay.
`7 So it's a bachelor's degree, plus two years of
`8 experience, or you go on and say if the individual did
`9 not have the bachelor's degree, the person of ordinary
`10 skill may have four years of practical experience,
`11 correct?
`12 A Yes.
`13 Q What sort of practical experience were you
`14 thinking about there?
`15 A That would essentially substitute for a
`16 bachelor's education providing those things that we
`17 enumerated before: Learning programming, learning about
`18 client server systems, learning about images, image
`19 technology; essentially encompassing my prior answers
`20 about the bachelor's.
`21 Q Could you think of any jobs that would have
`22 been available in June 1996 where a person would have
`23 gained such experience?
`24 A Yes.
`25 Q What would those be?
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`19
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`1 A An example would be working as a technician in
`2 a business that was involved in these technologies, and
`3 that includes as a regular employee, an hourly employee,
`4 an intern, an assistant, for example.
`5 Q And in those positions, individuals would have
`6 been able to acquire the kinds of knowledge and skill
`7 that we've been discussing so far; is that right?
`8 A Yes. I've managed several individuals who did
`9 not have bachelor's degrees who were capable.
`10 Q In addition to the formal coursework or the
`11 equivalent practical experience, are there any other
`12 special skills that the person of ordinary skill would
`13 have to have as of June 1996 in order to be a person of
`14 ordinary skill in the art of the '295 patent?
`15 A In your question, how do you mean "special
`16 skills"?
`17 Q Anything beyond what we've already discussed.
`18 A I can -- I think the answer is no, but in this
`19 area, it would be helpful to have certain special
`20 skills.
`21 Q Can you think of examples?
`22 A For example, having assembled and created
`23 computers, having worked with off-the-shelf parts and
`24 programs that might be used to perform some of these
`25 functions. Those are examples.
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`20
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`1 Q What do you mean by "assembled and created
`2 computers"? Do you mean physically built them?
`3 A Yes.
`4 Q How would that assist the person in
`5 understanding the '295 patent?
`6 A I believe that people think in different ways.
`7 Some people think by hearing or seeing words, others by
`8 having images, concepts, two or three dimensional occur.
`9 Each of those has its own advantages.
`10 I'm a person who tends to think in terms of
`11 concepts and images, and when I see a computer, I can
`12 imagine its internals, where an internal modem, for
`13 example, might be plugged and engaged. But I don't
`14 believe that that's necessarily a person of ordinary
`15 skill in the art, and that's what I mean by my answer.
`16 Q And you also indicated that it would help if
`17 the person had worked with off-the-shelf parts and
`18 programs; is that right?
`19 A Yes.
`20 Q What do you mean by off-the-shelf?
`21 A These are parts and/or programs that are
`22 acquirable in stores. For example, in this time frame,
`23 there were modems that were both internal as well as
`24 external modems to computers, and having worked with
`25 those external or internal modems and used software
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`21
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`Capital Reporting Company
`Klausner, David 10-28-2015
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`1 supplied by their manufacturers that would integrate
`2 them with an operating system might be useful or at
`3 least shorten the amount of time.
`4 Q Shorten the amount of time to what?
`5 A To create an embodiment.
`6 Q I see.
`7 So it's helpful for the person to have these
`8 skills if they were to go out and try and produce a
`9 physical implementation of what's described in the '295
`10 patent; is that right?
`11 A Or to practice the method in Claim 17 --
`12 Q I see.
`13 A -- for example.
`14 Q Let's take a look at the '295 patent that you
`15 have in front of you.
`16 A I have it.
`17 Q And it's correct that this is one of the
`18 things that you considered in connection with the
`19 preparation of your declaration; is that right?
`20 A Yes.
`21 Q When's the last time you had a chance to
`22 review it?
`23 A Last night.
`24 Q You just mentioned Claim 17, so why don't we
`25 look at that. It's at the end of Column 10.
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`(866) 448 - DEPO www.CapitalReportingCompany.com © 2015
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`Facebook et al. v. TLI Commuinications
`IPR2015-00778 Ex. 2007
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`Capital Reporting Company
`Klausner, David 10-28-2015
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`1 A I have it.
`2 Q As part of your review in connection with the
`3 preparation of your declaration, you had occasion to
`4 consider Claim 17; is that right?
`5 A Yes.
`6 Q Let's look at the last line -- or excuse me,
`7 the last element of Claim 17.
`8 It reads:
`9 "Storing the digital images in
`10 the server, said step of storing
`11 taking into consideration the
`12 classification information."
`13 Do you see that?
`14 A Yes.
`15 Q In your opinion, how would the person of
`16 ordinary skill construe the term "classification
`17 information"?
`18 A As I say in my declaration on page 19, it's
`19 "Information that" --
`20 I'm reading from my paragraph 34:
`21 "Information that
`22 characterizes or is otherwise
`23 associated with a digital image."
`24 Q Since the time that you prepared your
`25 declaration, has your opinion about that construction
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`(866) 448 - DEPO www.CapitalReportingCompany.com © 2015
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`Facebook et al. v. TLI Commuinications
`IPR2015-00778 Ex. 2007
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`Capital Reporting Company
`Klausner, David 10-28-2015
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`23
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`1 changed in any way?
`2 A No.
`3 Q How did you arrive at that conclusion for the
`4 construction of the term "classification information"?
`5 A I examined a previous decision by the PTAB and
`6 their bases for that, and it seems that that is a good
`7 construction. It's consistent with the patent.
`8 Q And what would the person of ordinary skill
`9 understand to be meant by the phrase "characterize a
`10 digital image"?
`11 A I point you to page 40 of my declaration where
`12 I describe a particular piece of prior art with respect
`13 to the patent element. In this case, the
`14 characterization is that of belonging to a particular
`15 recipient.
`16 Q So I was actually referring to the
`17 construction that the Board had previously provided and
`18 that you had adopted, and you indicated that the term
`19 "classification information" means information that
`20 characterizes or is otherwise associated with a digital
`21 image, right?
`22 A Yes.
`23 Q So I was asking about that construction and
`24 what the person of ordinary skill would understand to be
`25 meant by "characterize a digital image" as used in that
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`(866) 448 - DEPO www.CapitalReportingCompany.com © 2015
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`Facebook et al. v. TLI Commuinications
`IPR2015-00778 Ex. 2007
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`Capital Reporting Company
`Klausner, David 10-28-2015
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`24
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`1 context.
`2 Is that how you understood my question?
`3 A Yes.
`4 Q So now you've directed me to a portion of your
`5 declaration that discusses the Lichty reference, right?
`6 A It happens that the section that I'm using to
`7 answer your question about "characterize" is that
`8 portion that includes a reference to Lichty.
`9 Q So where in this portion of the declaration
`10 that you've pointed me to does it discuss what the
`11 phrase "characterize a digital image" means?
`12 A May I see the PTAB finding on the construction
`13 of this term?
`14 Q Well, I think it's exactly what you've
`15 reproduced in your declaration, the paragraph that we
`16 were just looking at. It's on page 19, I think, of your
`17 declaration. That doesn't look right.
`18 A I'm looking at page 15, paragraph 29.
`19 Q 15, yes.
`20 A And what I'm requesting is the PTAB finding
`21 which shows the PTAB's reasoning for the construction of
`22 this term.
`23 Q Well, let's look at paragraph 34 of your
`24 declaration.
`25 A I have it.
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`(866) 448 - DEPO www.CapitalReportingCompany.com © 2015
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`Facebook et al. v. TLI Commuinications
`IPR2015-00778 Ex. 2007
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`Capital Reporting Company
`Klausner, David 10-28-2015
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`25
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`1 Q Okay.
`2 So in paragraph 34, you indicate that you
`3 applied the construction for classification information
`4 to be information that characterizes or is otherwise
`5 associated with a digital image, right?
`6 A Yes.
`7 Q And you still think that's the correct
`8 construction for the term "classification information,"
`9 right?
`10 A Yes.
`11 Q So in that phrase, what would the person of
`12 ordinary skill in the art understand to be meant by
`13 "characterize a digital image"?
`14 A I think I've answered that question. An
`15 example would be that a digital image belongs to some
`16 person or should be provided to some person.
`17 Q Any other examples?
`18 A Yes. I need to see the PTAB decision that
`19 provides this as the definitive construction of the
`20 term.
`21 Q You don't have any opinion, absent the PTAB
`22 decision, as to what the phrase "characterize a digital
`23 image" would be to a person of ordinary skill in the
`24 art?
`25 A Not as I sit here without refreshing my memory
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`(866) 448 - DEPO www.CapitalReportingCompany.com © 2015
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`Facebook et al. v. TLI Commuinications
`IPR2015-00778 Ex. 2007
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`Capital Reporting Company
`Klausner, David 10-28-2015
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`26
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`1 with the PTAB's description of that construction.
`2 Q What would the person of ordinary skill in the
`3 art understand is meant by the phrase "otherwise
`4 associated with a digital image"?
`5 A An example would be the time that the image
`6 was created.
`7 Q Anything else?
`8 A To refresh my memory, it might be best for me
`9 to see the PTAB decision construing this term.
`10 Q In your opinion, is the Patent Trial and
`11 Appeal Board a person of ordinary skill in the art?
`12 A I don't know.
`13 MR. MACE: Counsel, I've just noticed this
`14 Exhibit 1001 that we're working with here doesn't appear
`15 to be a true and correct copy of the version that was
`16 filed in the IPR. For example, Column 2 appears to have
`17 additional markup. You see the text, "telephone unit,"
`18 twice in the margin there? Has this document been
`19 modified in any other ways?
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