·1· · · · ·UNITED STATES PATENT AND TRADEMARK OFFICE
`
`·2· · · · · BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`·3· · GOOGLE, INC.
`
`·4· · · · · · · · · Petitioner,· · ·Case No,
`
`·5· · · · vs.· · · · · · · · · · · ·IPR2015-00806
`
`·6· · SUMMIT 6 LLC,· · · · · · · · ·Patent No. 7,765,482
`
`·7· · · · · · · Patent Owner· · · · Title: Web-Based
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`·8· · · · · · · · · · · · · · · · · Media Submission Tool
`
`·9
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`10· · · · ·UNITED STATES PATENT AND TRADEMARK OFFICE
`
`11· · · · · BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`12· · GOOGLE, INC.
`
`13· · · · · · · · · Petitioner,· · Case No,
`
`14· · · · vs.· · · · · · · · · · · IPR2015-00807
`
`15· · SUMMIT 6 LLC,· · · · · · · · Patent No. 8,612,515
`
`16· · · · · · · Patent Owner· · · ·Title: Web-Based Media
`
`17· · · · · · · · · · · · · · · · ·Submission Tool
`
`18
`· · · · · · · · · · Deposition of Paul Clark
`19· · · · · · · · · · ·November 18, 2015
`· · · · · · · · · · · · ·At 8:30 a.m.
`20
`
`21· · · · · ·Taken at:
`· · · · · · ·Kilpatrick Stockton
`22· · · · · ·Winston-Salem, North Carolina
`
`23
`
`24
`
`25· ·Reported by LeShaunda Cass-Byrd, CSR, RPR
`
`Exhibit 2057
`Google Inc. v. Summit 6 LLC
`IPR2015-00806, Summit 6 LLC
`
`
`
`·2· · · · · BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`·3· · GOOGLE, INC.
`
`·4· · · · · · · · · Petitioner,· · ·Case No,
`
`·5· · · · vs.· · · · · · · · · · · ·IPR2015-00806
`
`·6· · SUMMIT 6 LLC,· · · · · · · · ·Patent No. 7,765,482
`
`·7· · · · · · · Patent Owner· · · · Title: Web-Based
`
`·8· · · · · · · · · · · · · · · · · Media Submission Tool
`
`·9
`
`10· · · · ·UNITED STATES PATENT AND TRADEMARK OFFICE
`
`11· · · · · BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`12· · GOOGLE, INC.
`
`13· · · · · · · · · Petitioner,· · Case No,
`
`14· · · · vs.· · · · · · · · · · · IPR2015-00807
`
`15· · SUMMIT 6 LLC,· · · · · · · · Patent No. 8,612,515
`
`16· · · · · · · Patent Owner· · · ·Title: Web-Based Media
`
`17· · · · · · · · · · · · · · · · ·Submission Tool
`
`18
`· · · · · · · · · · Deposition of Paul Clark
`19· · · · · · · · · · ·November 18, 2015
`· · · · · · · · · · · · ·At 8:30 a.m.
`20
`
`21· · · · · ·Taken at:
`· · · · · · ·Kilpatrick Stockton
`22· · · · · ·Winston-Salem, North Carolina
`
`23
`
`24
`
`25· ·Reported by LeShaunda Cass-Byrd, CSR, RPR
`
`Exhibit 2057
`Google Inc. v. Summit 6 LLC
`IPR2015-00806, Summit 6 LLC
`
`
`
`·1· ·APPEARANCES OF COUNSEL:
`
`·2· ·On behalf of Google:
`
`·3· · · · MICHAEL MORLOCK, Esq.
`· · · · · ANDREW W. RINEHART, Esq.
`·4· · · · Kilpatrick Townsend & Stockton LLP
`· · · · · 1001 West Fourth Street
`·5· · · · Winston-Salem, North Carolina 27101
`· · · · · Jalemanni@kilpatricktownsend.com
`·6
`· · ·On behalf of Patent Owner Summit 6 LLC:
`·7
`· · · · · JOHN SHUMAKER, Esq.
`·8· · · · Lee & Hayes, PLLC
`· · · · · 11501 Alterra Parkway
`·9· · · · Suite 450
`· · · · · Austin, Texas 78758
`10· · · · 512.605.0252
`
`11· ·Also Present:
`
`12· · · · Rich Sonnentag
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`Exhibit 2057
`Google Inc. v. Summit 6 LLC
`IPR2015-00806, Summit 6 LLC
`
`
`
`·1· · · · · · · · ·DEPOSITION OF PAUL CLARK,
`
`·2· ·By Mr. Schmaker· · · · · · · · · · · · · · · · · ·4
`
`·3· · · · · · · · · · DEPOSITION EXHIBITS
`
`·4· ·EXHIBIT· · · · DESCRIPTION· · · · · · · · · · · ·PAGE
`
`·5· ·Exhibit 1003· ·Declaration of Paul Clark Under
`
`·6· · · · · · · · · 37 C.F.R. Section 1.68· · · · · · ·5
`
`·7· ·Exhibit 1004· ·United States Patent Creamer,
`
`·8· · · · · · · · · Et al Patent Number 6,930,709 B1· 24
`
`·9· ·Exhibit 1005· ·United States Patent Mayle, et al
`
`10· · · · · · · · · Patent Number 6,223,190 B1· · · · 39
`
`11· ·Exhibit 1006· ·United States Patent Mayle, et al
`
`12· · · · · · · · · Patent Number 6,018,774· · · · · ·88
`
`13· ·Exhibit 1007· ·United States Patent Narayen,
`
`14· · · · · · · · · Et al. Patent Number 6,035,323· · 87
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`Exhibit 2057
`Google Inc. v. Summit 6 LLC
`IPR2015-00806, Summit 6 LLC
`
`
`
`·1· · · · · · · · · · · · PAUL CLARK,
`
`·2· ·having been first duly sworn, was examined and
`
`·3· ·testified as follows:
`
`·4· · · · · · · · · · · · EXAMINATION
`
`·5· ·BY MR. SHUMAKER:
`
`·6· · · ·Q.· · ·Good morning, sir.
`
`·7· · · ·A.· · ·Good morning.
`
`·8· · · ·Q.· · ·Could you please state your name?
`
`·9· · · ·A.· · ·Paul Clark.
`
`10· · · ·Q.· · ·Dr. Clark, where do you work?
`
`11· · · ·A.· · ·I work in Bethesda, Maryland, for my
`
`12· ·company, Paul C. Clark, LLC.
`
`13· · · ·Q.· · ·And what does your company do?
`
`14· · · ·A.· · ·We do a range of consulting, investing,
`
`15· ·product development.· All sorts of things.
`
`16· · · ·Q.· · ·What technology are you consulting for your
`
`17· ·company?
`
`18· · · ·A.· · ·Usually network-based systems.
`
`19· · · ·Q.· · ·And what do you mean by network-based
`
`20· ·systems?
`
`21· · · ·A.· · ·Computers that are connected to a network.
`
`22· · · ·Q.· · ·Wireless and wired?
`
`23· · · ·A.· · ·Yes.
`
`24· · · ·Q.· · ·Do you specialize in any particular type of
`
`25· ·networks?
`
`Exhibit 2057
`Google Inc. v. Summit 6 LLC
`IPR2015-00806, Summit 6 LLC
`
`
`
`·1· · · ·A.· · ·No.
`
`·2· · · · · · · (Patent Owner Exhibit 1003 was marked for
`
`·3· ·identification.)
`
`·4· ·BY MR. SHUMAKER:
`
`·5· · · ·Q.· · ·Dr. Clark, I'm going to hand you
`
`·6· ·Exhibit 1003, which is your expert report, which you
`
`·7· ·previously filed in both the eight or six native set
`
`·8· ·cases.
`
`·9· · · · · · · Dr. Clark, have you seen Exhibit 1003
`
`10· ·before?
`
`11· · · ·A.· · ·Yes.
`
`12· · · ·Q.· · ·And what is Exhibit 1003?
`
`13· · · ·A.· · ·It's my declaration.
`
`14· · · ·Q.· · ·Can you turn to Page 43, please.· Do you
`
`15· ·see your signature on Page 43?
`
`16· · · ·A.· · ·Yes.
`
`17· · · ·Q.· · ·And the last sentence above your signature
`
`18· ·says:· I declare under penalty of perjury, that the
`
`19· ·foregoing declaration is true and correct.
`
`20· · · · · · · Is that a true and correct statement?
`
`21· · · ·A.· · ·Yes.
`
`22· · · ·Q.· · ·And I would like for you to turn to
`
`23· ·Paragraph 52, which is on Page 31.· And first I want
`
`24· ·to direct your attention to the second sentence of
`
`25· ·Paragraph 52, which states:· It would have been
`
`Exhibit 2057
`Google Inc. v. Summit 6 LLC
`IPR2015-00806, Summit 6 LLC
`
`
`
`·1· ·obvious to one of skill in the art to apply the
`
`·2· ·improvements described in Narayen to Mayle system in
`
`·3· ·order to yield a predictable result of publishing a
`
`·4· ·processed digital image in a photo album to the
`
`·5· ·internet.
`
`·6· · · · · · · Is that true statement?
`
`·7· · · ·A.· · ·Yes.
`
`·8· · · ·Q.· · ·Is it your opinion, Mayle does not publish
`
`·9· ·processed digital images in the photo album to the
`
`10· ·internet?
`
`11· · · ·A.· · ·No, I think that that's obvious.· I mean, I
`
`12· ·think we could probably find examples, and Mayle would
`
`13· ·suggest that.· But Narayen explicitly discloses it.
`
`14· · · ·Q.· · ·Is it your opinion that Mayle does not
`
`15· ·explicitly disclose publishing a photo album to the
`
`16· ·internet?
`
`17· · · ·A.· · ·I would have to look through it.· I haven't
`
`18· ·done that analysis.
`
`19· · · ·Q.· · ·Is that analysis found in Paragraph 52 of
`
`20· ·your declaration?
`
`21· · · · · · · MR. MORLOCK:· Objection.· Form.
`
`22· · · · · · · THE WITNESS:· My -- Paragraph 52
`
`23· · · · says -- is directed towards motivations to
`
`24· · · · combine.· And so that reflects my opinion
`
`25· · · · that it would have been obvious to combine
`
`Exhibit 2057
`Google Inc. v. Summit 6 LLC
`IPR2015-00806, Summit 6 LLC
`
`
`
`·1· · · · those teachings with predictable results.
`
`·2· ·BY MR. SHUMAKER
`
`·3· · · ·Q.· · ·The sentence I just read, you mentioned
`
`·4· ·improvements described in Narayen.· Do you see that?
`
`·5· · · ·A.· · ·Yes.
`
`·6· · · ·Q.· · ·What improvements are described from
`
`·7· ·Narayen, in your opinion?
`
`·8· · · ·A.· · ·I don't know from memory.
`
`·9· · · ·Q.· · ·Do you describe any improvements in
`
`10· ·Paragraph 52 of your expert report data identifying
`
`11· ·Narayen?
`
`12· · · ·A.· · ·Well, there are explicit disclosures that
`
`13· ·are not found in Mayle that are found in Narayen.· So
`
`14· ·to the extent those are improvements, then it would
`
`15· ·have been obvious to combine them.
`
`16· · · ·Q.· · ·And can you identify in Paragraph 52 of
`
`17· ·your expert report what explicit improvements are
`
`18· ·identified in Narayen?
`
`19· · · ·A.· · ·I would have to look at a claim chart to do
`
`20· ·that, and I don't have the ability to do that from
`
`21· ·memory.
`
`22· · · ·Q.· · ·But -- so it's your testimony that the
`
`23· ·improvements that you identified in Paragraph 52, are
`
`24· ·not described in Paragraph 52 of your expert report?
`
`25· · · ·A.· · ·No, it's -- they are not explicitly listed.
`
`Exhibit 2057
`Google Inc. v. Summit 6 LLC
`IPR2015-00806, Summit 6 LLC
`
`
`
`·1· · · ·Q.· · ·Where in your expert report are these
`
`·2· ·improvements of Narayen explicitly listed?
`
`·3· · · ·A.· · ·This is not an expert report.· It's a
`
`·4· ·declaration as a first matter.· And so I was not asked
`
`·5· ·to list the specific disclosures, nor their claim
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`·6· ·charts attached to this.· But if you go to the claim
`
`·7· ·charts, you would be able to create such a list.
`
`·8· · · ·Q.· · ·But just to be clear, so in your
`
`·9· ·declaration, you didn't identify any improvements
`
`10· ·described in Narayen in your expert -- in your
`
`11· ·declaration?
`
`12· · · ·A.· · ·I did not list them.
`
`13· · · ·Q.· · ·Okay.· Can you identify any improvements
`
`14· ·described in Narayen, as you sit here today?
`
`15· · · ·A.· · ·I'm not prepared to do that from memory,
`
`16· ·no.
`
`17· · · ·Q.· · ·Is it your opinion that the improvements
`
`18· ·described in Narayen improved Mayle?
`
`19· · · ·A.· · ·I don't understand the question.
`
`20· · · ·Q.· · ·Are you combining Narayen with Mayle?
`
`21· · · ·A.· · ·Yes.
`
`22· · · ·Q.· · ·Okay.· Is it your opinion that the
`
`23· ·combination of Narayen and Mayle provides improvements
`
`24· ·over Mayle alone?
`
`25· · · ·A.· · ·Well, it certainly, as I've testified,
`
`Exhibit 2057
`Google Inc. v. Summit 6 LLC
`IPR2015-00806, Summit 6 LLC
`
`
`
`·1· ·provides explicit disclosures.· To the extent those
`
`·2· ·are improvements, then yes.
`
`·3· · · ·Q.· · ·If you go to the next sentence, it states:
`
`·4· ·One of ordinary skill in the art would recognize that
`
`·5· ·this improvement would have provided additional image
`
`·6· ·processing tools to the album publishing system.
`
`·7· · · · · · · Do you see that?
`
`·8· · · ·A.· · ·Yes.
`
`·9· · · ·Q.· · ·What additional image processing tools to
`
`10· ·the album publishing system are you referring to in
`
`11· ·Paragraph 52 of your declaration?
`
`12· · · ·A.· · ·Those would be the functions like cropping
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`13· ·and sizing and those sorts of things that are not
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`14· ·explicitly disclosed in Mayle.
`
`15· · · ·Q.· · ·So it's your testimony that Narayen
`
`16· ·provides cropping functionality?
`
`17· · · ·A.· · ·I gave that as an example.· Those would be
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`18· ·image processing tools.· So if you want to give me the
`
`19· ·reference, I will give you the exact examples.
`
`20· · · ·Q.· · ·Can you identify any image processing tools
`
`21· ·in Paragraph 52 of your declaration?
`
`22· · · ·A.· · ·I didn't list them.
`
`23· · · ·Q.· · ·The next sentence you state:· Mayle and
`
`24· ·Narayen teach, and one of ordinary skill in the art
`
`25· ·would understand that this improvement would enable a
`
`Exhibit 2057
`Google Inc. v. Summit 6 LLC
`IPR2015-00806, Summit 6 LLC
`
`
`
`·1· ·user to share processed digital images to a larger
`
`·2· ·audience via the internet.
`
`·3· · · · · · · Do you see that?
`
`·4· · · ·A.· · ·Yes.
`
`·5· · · ·Q.· · ·In your opinion, is the ability to share
`
`·6· ·processed digital images to a larger audience via the
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`·7· ·internet an improvement?
`
`·8· · · ·A.· · ·It may or may not be.· It's certainly
`
`·9· ·additional functionality.
`
`10· · · ·Q.· · ·Is it your testimony that Mayle does not
`
`11· ·teach sharing digital processed images to a larger
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`12· ·audience via the internet?
`
`13· · · ·A.· · ·I am sure that it suggests that, but it is
`
`14· ·explicitly disclosed in Narayen.
`
`15· · · ·Q.· · ·How does Narayen explicitly disclose
`
`16· ·sharing digital processing images to a larger audience
`
`17· ·via the internet?
`
`18· · · ·A.· · ·If you will give me the reference, I will
`
`19· ·give you the examples.
`
`20· · · ·Q.· · ·Did you include your basis for that opinion
`
`21· ·regarding enabling users to share processed digital
`
`22· ·images to a larger audience via the internet in your
`
`23· ·expert report, or in your declaration report in
`
`24· ·Paragraph 52?
`
`25· · · · · · · MR. MORLOCK:· Objection to form.
`
`Exhibit 2057
`Google Inc. v. Summit 6 LLC
`IPR2015-00806, Summit 6 LLC
`
`
`
`·1· · · · · · · THE WITNESS:· As I said, this is my
`
`·2· · · · synthesis of the references.· And so I have
`
`·3· · · · read the references, and my statement is
`
`·4· · · · based upon my knowledge of what the
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`·5· · · · reference is disclosing.· So to the extent
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`·6· · · · you want a list of all bases, I don't think
`
`·7· · · · the page count would support that.
`
`·8· ·BY MR. SHUMAKER:
`
`·9· · · ·Q.· · ·Did you provide any basis in Paragraph 52
`
`10· ·of your expert declaration for the statement that this
`
`11· ·improvement would enable a user to share processed
`
`12· ·digital images to a larger audience via the internet?
`
`13· · · ·A.· · ·Yes.· My reading of the reference is my
`
`14· ·basis for making that statement.
`
`15· · · ·Q.· · ·Did you provide any specific support for
`
`16· ·your opinion regarding the improvement would enable a
`
`17· ·user to share processed digital images to a larger
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`18· ·audience via the internet in Paragraph 52 of your
`
`19· ·declaration?
`
`20· · · ·A.· · ·Yes, it's -- this is a declaration in
`
`21· ·total.· And I list at the beginning of it that I've
`
`22· ·read and considered the references, so my basis for
`
`23· ·that statement precedes Paragraph 52.
`
`24· · · · · · · (A recess taken.)
`
`25· ·BY MR. SHUMAKER:
`
`Exhibit 2057
`Google Inc. v. Summit 6 LLC
`IPR2015-00806, Summit 6 LLC
`
`
`
`·1· · · ·Q.· · ·Dr. Clark, is it your opinion that family
`
`·2· ·photo albums should be shared with the entire world?
`
`·3· · · ·A.· · ·It's certainly an option.
`
`·4· · · ·Q.· · ·In your expert opinion, would you -- as one
`
`·5· ·of ordinary skill of the art, would you understand
`
`·6· ·that people would prefer to share family photo albums
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`·7· ·with the entire world?
`
`·8· · · ·A.· · ·Some people do.· I mean, there are plenty
`
`·9· ·of examples of people doing that.· Not necessarily
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`10· ·something I would do.
`
`11· · · ·Q.· · ·Do you want to go back to, it's the third
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`12· ·sentence in Paragraph 52 of your declaration where it
`
`13· ·states:· One of skill in the art would recognize this
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`14· ·improvement would have provided additional image
`
`15· ·processing tools to the album publishing system.
`
`16· · · · · · · Do you see that?
`
`17· · · ·A.· · ·Yes.
`
`18· · · ·Q.· · ·Does Narayen teach a client that receives
`
`19· ·parameters from a server to perform preprocessing?
`
`20· · · ·A.· · ·I would have to look at the reference.
`
`21· · · ·Q.· · ·Okay.· But you don't know as you sit here?
`
`22· · · ·A.· · ·I would have to look at the reference or at
`
`23· ·the claim charts.· I'm not going to do it from memory.
`
`24· · · ·Q.· · ·Next, I would like to look at the excerpt
`
`25· ·you cited at Narayen 7 or Line 7 -- Column 7, Lines 41
`
`Exhibit 2057
`Google Inc. v. Summit 6 LLC
`IPR2015-00806, Summit 6 LLC
`
`
`
`·1· ·through 48.· And that states:· Digital media are
`
`·2· ·supplied from the client computer system to the server
`
`·3· ·computer system, which then automatically generates
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`·4· ·the viewable pages, such as viewable HTML pages.
`
`·5· ·These pages are then made available to a web server,
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`·6· ·which allows other client computer systems to view the
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`·7· ·HTML pages, which have been published by the client
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`·8· ·computer system.
`
`·9· · · · · · · Do you see that?
`
`10· · · ·A.· · ·Yes.
`
`11· · · ·Q.· · ·Dr. Clark, I would like to return your
`
`12· ·attention to Paragraph 52 of your declaration.· I want
`
`13· ·to now look at the last sentence of your declaration
`
`14· ·in Paragraph 52.· It states:· Based on my knowledge
`
`15· ·and experience, one of skill in the art would be able
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`16· ·to write a Java program accessible by Mayle's
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`17· ·browser-based system that would implement Narayen's
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`18· ·digital album authoring tools.
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`19· · · · · · · Do you see that?
`
`20· · · ·A.· · ·Yes.
`
`21· · · ·Q.· · ·What are Narayen's digital album authoring
`
`22· ·tools that you are referring to in this sentence?
`
`23· · · ·A.· · ·The tools that allow you to produce a
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`24· ·digital photo album on the web.
`
`25· · · ·Q.· · ·And can you explicitly identify those
`
`Exhibit 2057
`Google Inc. v. Summit 6 LLC
`IPR2015-00806, Summit 6 LLC
`
`
`
`·1· ·tools?
`
`·2· · · ·A.· · ·If you give me the reference.
`
`·3· · · ·Q.· · ·Did you identify those tools in your expert
`
`·4· ·report?
`
`·5· · · ·A.· · ·I did not list them.
`
`·6· · · ·Q.· · ·Did you identify the tools in your
`
`·7· ·declaration, Paragraph 52?
`
`·8· · · ·A.· · ·I did not list them in the declaration.
`
`·9· · · ·Q.· · ·Do you know what digital album authoring
`
`10· ·tools in Narayen are performed on the client Narayen?
`
`11· · · ·A.· · ·Not from memory.· I mean, I would have to
`
`12· ·look at the reference.
`
`13· · · ·Q.· · ·Are there any digital album authoring tools
`
`14· ·performed by a client -- by the client in Narayen in
`
`15· ·your opinion?
`
`16· · · ·A.· · ·There may be.· I would have to look at the
`
`17· ·reference to point you to it.
`
`18· · · ·Q.· · ·But you didn't include that information in
`
`19· ·Paragraph 52 of your declaration, did you?
`
`20· · · ·A.· · ·That may be somewhere in the declaration.
`
`21· ·Maybe not in 52, but it's a 46-page document.
`
`22· · · ·Q.· · ·So what is the basis for your last sentence
`
`23· ·in Paragraph 52 of your declaration that says:· Based
`
`24· ·on my knowledge and experience, one of skill in the
`
`25· ·art would be able to write a Java program accessible
`
`Exhibit 2057
`Google Inc. v. Summit 6 LLC
`IPR2015-00806, Summit 6 LLC
`
`
`
`·1· ·by Mayle's browser-based system that would implement
`
`·2· ·Narayen's digital album authoring tools?
`
`·3· · · ·A.· · ·I would have to -- reading and analyzing
`
`·4· ·the references, it's my opinion, based upon 30 years'
`
`·5· ·of development experience, that a person of skill in
`
`·6· ·the art, somebody with three to five years of
`
`·7· ·experience, would be able to write a Java program.
`
`·8· · · ·Q.· · ·Okay.· Next, I would like you to turn to
`
`·9· ·Paragraph 30 of your declaration, please.· On Page 16,
`
`10· ·I want to focus on the second sentence of Paragraph 3
`
`11· ·on Exhibit 1003.· It states:· Both record -- or it
`
`12· ·states:· Both references relate to internet-enabled
`
`13· ·digital cameras with display screens for previewing
`
`14· ·and reviewing images.
`
`15· · · · · · · Do you see that?
`
`16· · · ·A.· · ·Yes.
`
`17· · · ·Q.· · ·As a person of ordinary skill in the art,
`
`18· ·what is your definition for previewing an image?
`
`19· · · ·A.· · ·It's to somehow look at the image that
`
`20· ·you've taken a picture of.
`
`21· · · ·Q.· · ·So in your opinion, previewing images is a
`
`22· ·way of looking at images that have already been
`
`23· ·captured?
`
`24· · · ·A.· · ·Well, you can't look at an image from a
`
`25· ·camera unless you've taken a picture of it or somehow
`
`Exhibit 2057
`Google Inc. v. Summit 6 LLC
`IPR2015-00806, Summit 6 LLC
`
`
`
`·1· ·are looking on it.· I mean, I guess you could have a
`
`·2· ·viewfinder of some kind.· I mean, any number of ways
`
`·3· ·that you can view what you are taking a picture of I
`
`·4· ·think would count.
`
`·5· · · ·Q.· · ·As a person of ordinary skill in the art,
`
`·6· ·what is your opinion is the definition of reviewing
`
`·7· ·images?
`
`·8· · · ·A.· · ·I mean, reviewing images would be to go
`
`·9· ·through multiple images that you have I would think.
`
`10· · · ·Q.· · ·In your opinion, what is the difference
`
`11· ·between previewing and reviewing images?
`
`12· · · ·A.· · ·I haven't really been asked to do that
`
`13· ·analysis, so I can think of some overlap, that is, you
`
`14· ·can be reviewing while previewing.· So I am not sure I
`
`15· ·am prepared to give you a hard distinction between
`
`16· ·those two.
`
`17· · · ·Q.· · ·I guess what I'm trying to understand is,
`
`18· ·what is your understanding of previewing and reviewing
`
`19· ·images used as those two terms in your declaration on
`
`20· ·Paragraph 30?
`
`21· · · ·A.· · ·Yeah.· It's -- basically, the idea is, is
`
`22· ·that you can look at images, and then perhaps look at
`
`23· ·images that you have already saved or something. I
`
`24· ·mean, I don't know.· That is -- my intent was not to
`
`25· ·create a hard distinction there.
`
`Exhibit 2057
`Google Inc. v. Summit 6 LLC
`IPR2015-00806, Summit 6 LLC
`
`
`
`·1· · · ·Q.· · ·When you say you look at images versus look
`
`·2· ·at images that have already been taken, is that a
`
`·3· ·distinction between previewing and reviewing images in
`
`·4· ·your mind?
`
`·5· · · ·A.· · ·It may be.· I mean, as I said already, I
`
`·6· ·think you can probably have some overlap.· I can think
`
`·7· ·of reviewing while I'm previewing.· I can also think
`
`·8· ·of a way that you might review after you have already
`
`·9· ·captured.· So as I said, I'm -- I don't think there is
`
`10· ·a hard distinction there.
`
`11· · · ·Q.· · ·How would you review while you preview an
`
`12· ·image?
`
`13· · · ·A.· · ·Well, if you were, for instance, previewing
`
`14· ·multiple images, you might characterize that as
`
`15· ·reviewing images before you save them off, I can
`
`16· ·imagine.
`
`17· · · ·Q.· · ·What do you mean, reviewing multiple images
`
`18· ·before saving them off?
`
`19· · · ·A.· · ·Well, I can imagine a mode of operation
`
`20· ·with a digital camera where you are going to review
`
`21· ·them before you, for instance, upload them to your
`
`22· ·computer if you were using say an iPhone or something
`
`23· ·like that.
`
`24· · · ·Q.· · ·So you would be reviewing images stored on
`
`25· ·the phone in your example?
`
`Exhibit 2057
`Google Inc. v. Summit 6 LLC
`IPR2015-00806, Summit 6 LLC
`
`
`
`·1· · · ·A.· · ·I think it's possible to review images in
`
`·2· ·multiple locations.· It doesn't have to be one place
`
`·3· ·or the other.· It's a pretty general term.
`
`·4· · · ·Q.· · ·Is it possible to preview images that are
`
`·5· ·stored on your iPhone, for example?
`
`·6· · · ·A.· · ·I guess it would depend upon how the term
`
`·7· ·was used.· I mean, within a system, you might
`
`·8· ·characterize that as previewing.· I haven't given a
`
`·9· ·lot of thought to it.
`
`10· · · ·Q.· · ·Is that your testimony, as a person of
`
`11· ·ordinary skill in the art, would or could view
`
`12· ·previewing an image stored on the iPhone within the
`
`13· ·system?
`
`14· · · ·A.· · ·I think a person of skill in the art -- as
`
`15· ·a first matter, preview and review are not terms of
`
`16· ·art.· They're plain English words that anybody would
`
`17· ·understand.· And so I can imagine from different
`
`18· ·perspectives that you might preview and review in
`
`19· ·different places or at different times, depending upon
`
`20· ·the perspective that you are looking at.
`
`21· · · ·Q.· · ·How does the perspective affect whether you
`
`22· ·preview or review an image?
`
`23· · · ·A.· · ·Well, if you are previewing something in a
`
`24· ·system where you are going to upload it, then that
`
`25· ·might be viewed that the client I might imagine
`
`Exhibit 2057
`Google Inc. v. Summit 6 LLC
`IPR2015-00806, Summit 6 LLC
`
`
`
`·1· ·characterizing it that way.· If you view it purely
`
`·2· ·from the client's perspective, maybe that is
`
`·3· ·reviewing.· So it would matter where you were looking
`
`·4· ·as to how you might characterize it.
`
`·5· · · ·Q.· · ·Okay.· I didn't understand that.· What I
`
`·6· ·understood was when you view it from the client, you
`
`·7· ·could consider that reviewing an image; is that what
`
`·8· ·you said?
`
`·9· · · ·A.· · ·I said -- I think so, yeah.· If I was
`
`10· ·flipping through pictures on my phone, I might say
`
`11· ·that I was reviewing.· If I was on a server, I might
`
`12· ·view that as previewing before I upload.
`
`13· · · · · · · So I mean, it would matter from what
`
`14· ·perspective that you were looking at how you would
`
`15· ·characterize it.
`
`16· · · ·Q.· · ·You said if you were on the server.· So if
`
`17· ·you were on the server viewing a picture on a phone
`
`18· ·before the picture is uploaded to the server, that
`
`19· ·would be previewing?
`
`20· · · ·A.· · ·You can't view on the server the picture on
`
`21· ·the phone.· It would matter from the user's
`
`22· ·perspective where you were.
`
`23· · · ·Q.· · ·Okay.· So I guess I didn't understand your
`
`24· ·example of previewing from a server.· Could you
`
`25· ·describe that situation again in that context?
`
`Exhibit 2057
`Google Inc. v. Summit 6 LLC
`IPR2015-00806, Summit 6 LLC
`
`
`
`·1· · · ·A.· · ·Well, I can imagine again, multiple
`
`·2· ·contexts for a server in which you would be previewing
`
`·3· ·at the client or you might preview before you upload
`
`·4· ·the web pages or create the web page.· You might
`
`·5· ·review a set of photos before you created the web
`
`·6· ·page.· So I mean, there are multiple ways in which you
`
`·7· ·might characterize that.
`
`·8· · · ·Q.· · ·And you say you could preview a client, is
`
`·9· ·that right, in your example?
`
`10· · · ·A.· · ·I think you can preview and review in
`
`11· ·multiple places.
`
`12· · · ·Q.· · ·And can you give me an example of how you
`
`13· ·would preview that client.
`
`14· · · ·A.· · ·I already did.· I said you would be looking
`
`15· ·through photos, for instance, on the camera while you
`
`16· ·are holding the camera.
`
`17· · · ·Q.· · ·And would that process also be considered
`
`18· ·reviewing at the client or not?
`
`19· · · ·A.· · ·I might characterize it as reviewing, if I
`
`20· ·was looking through multiple of them, depending -- it
`
`21· ·would depend upon how you looked at them.
`
`22· · · ·Q.· · ·Okay.· So the Creamer reference does not
`
`23· ·teach reviewing images stored on the camera, does it?
`
`24· · · ·A.· · ·I don't know from memory.· I would have to
`
`25· ·look at it.
`
`Exhibit 2057
`Google Inc. v. Summit 6 LLC
`IPR2015-00806, Summit 6 LLC
`
`
`
`·1· · · ·Q.· · ·But as you sit here today, you can't recall
`
`·2· ·whether Creamer discloses a camera that allows the
`
`·3· ·user to review images on the camera?
`
`·4· · · ·A.· · ·I have not memorized the references.
`
`·5· ·That's a true statement.
`
`·6· · · ·Q.· · ·Okay.· Did you discuss whether Creamer can
`
`·7· ·review an image in your declaration on Paragraph 30?
`
`·8· · · ·A.· · ·I don't know if I did in 30, but I might
`
`·9· ·have elsewhere.
`
`10· · · ·Q.· · ·On Paragraph 30 of your declaration,
`
`11· ·Exhibit 1003, cite Creamer Line 2 -- I'm sorry, Column
`
`12· ·2, Line 60 to 66.
`
`13· · · · · · · Do you see that?
`
`14· · · ·A.· · ·Yes.
`
`15· · · ·Q.· · ·It states:· An integrated internet camera
`
`16· ·for transmitting digital images to an internet
`
`17· ·address.
`
`18· · · · · · · Do you see that?
`
`19· · · ·A.· · ·Yes.
`
`20· · · ·Q.· · ·That citation does not teach or disclose
`
`21· ·reviewing images on a camera, does it?
`
`22· · · ·A.· · ·I think it's in the reference.· That is
`
`23· ·just a pin cite, so we would have to look to the
`
`24· ·reference.
`
`25· · · ·Q.· · ·But that particular citation that you have
`
`Exhibit 2057
`Google Inc. v. Summit 6 LLC
`IPR2015-00806, Summit 6 LLC
`
`
`
`·1· ·in Paragraph 30 does not address reviewing images,
`
`·2· ·does it?
`
`·3· · · ·A.· · ·Well, again, this is an obvious I'm sorry
`
`·4· ·you meant to begin with.· So I don't think there is
`
`·5· ·anything as a first matter that is inventive about
`
`·6· ·previewing or reviewing images.· And certainly using
`
`·7· ·an integrated internet camera would at least suggest
`
`·8· ·those functions to a person of skill in the art, and
`
`·9· ·they may be explicitly disclosed if you show me the
`
`10· ·reference.
`
`11· · · ·Q.· · ·But you didn't identify those sites in
`
`12· ·Paragraph 30 of your declaration, did you?
`
`13· · · ·A.· · ·I didn't list everything in the Paragraph
`
`14· ·30.· That's correct.
`
`15· · · ·Q.· · ·Did you list any support in Paragraph 30
`
`16· ·for the -- for the conclusion that Creamer allows a
`
`17· ·user to review images on the camera?
`
`18· · · ·A.· · ·Yeah.· I think the pin cite certainly
`
`19· ·suggests it.· But again, there may be a explicit
`
`20· ·disclosure in their reference.
`
`21· · · · · · · MR. MORLOCK:· John, can we take a
`
`22· · · · one-minute break?
`
`23· · · · · · · (Recess taken.)
`
`24· · · · · · · MR. SHUMAKER:· Sure.
`
`25· ·BY MR. SHUMAKER:
`
`Exhibit 2057
`Google Inc. v. Summit 6 LLC
`IPR2015-00806, Summit 6 LLC
`
`
`
`·1· · · ·Q.· · ·Dr. Clark, I would like you to look at the
`
`·2· ·excerpt you cited from Creamer on Column 29, Lines 45
`
`·3· ·through 47.· It states:· A display is a color
`
`·4· ·greyscale video LCD -- in the LCD controller drives.
`
`·5· ·The display show images formed on the image pickup.
`
`·6· · · · · · · Do you see that?
`
`·7· · · ·A.· · ·Yes.
`
`·8· · · ·Q.· · ·That excerpt had nothing to do with
`
`·9· ·reviewing images, does it?
`
`10· · · ·A.· · ·Sure.· The cameras that had those displays
`
`11· ·showed you the images on those displays.
`
`12· · · ·Q.· · ·Does that display show you images that have
`
`13· ·been captured, or images that will be captured?
`
`14· · · ·A.· · ·I think it does both, if I remember those
`
`15· ·cameras from that time period.
`
`16· · · ·Q.· · ·Is that your testimony that Creamer
`
`17· ·discloses a display that displays images that have
`
`18· ·been captured on its camera?
`
`19· · · ·A.· · ·My -- I remember distinctively, the LCD
`
`20· ·display cameras from that time period, and they would
`
`21· ·allow you to use the display as a viewfinder and also
`
`22· ·then show you what you just captured.
`
`23· · · ·Q.· · ·Well, my question wasn't directed towards
`
`24· ·cameras in general.· My question was directed towards
`
`25· ·the Creamer reference.
`
`Exhibit 2057
`Google Inc. v. Summit 6 LLC
`IPR2015-00806, Summit 6 LLC
`
`
`
`·1· · · ·A.· · ·The Creamer reference discloses such a
`
`·2· ·camera.· And a person of skill in the art would know
`
`·3· ·that it had those functions.· And to the extent that
`
`·4· ·you would like to give me the reference, I will look
`
`·5· ·and see if there is more.
`
`·6· · · · · · · (Patent Owner Exhibit 1004 was marked for
`
`·7· ·identification.)
`
`·8· ·BY MR. SHUMAKER:
`
`·9· · · ·Q.· · ·Dr. Clark, I have handed you Exhibit 1004,
`
`10· ·which is U.S. Patent 6930709.· It's the Creamer
`
`11· ·reference.
`
`12· · · · · · · Have you seen the Creamer reference before?
`
`13· · · ·A.· · ·I have.· I think we need to look at the
`
`14· ·Creamer 97, though, because it was only those that was
`
`15· ·the disclosure.
`
`16· · · ·Q.· · ·Did you not review the Creamer patent?
`
`17· · · ·A.· · ·I looked at both.
`
`18· · · ·Q.· · ·Is the disclosure different?
`
`19· · · ·A.· · ·I think that -- yeah.· I think there is
`
`20· ·more in the patent than there is in the PCT.
`
`21· · · ·Q.· · ·Okay.· What I have in front of you is
`
`22· ·Exhibit 1003, which is the patent.
`
`23· · · ·A.· · ·1004.
`
`24· · · ·Q.· · ·I'm sorry, 1004.· Which one did I give you?
`
`25· · · ·A.· · ·1004, the 709.
`
`Exhibit 2057
`Google Inc. v. Summit 6 LLC
`IPR2015-00806, Summit 6 LLC
`
`
`
`·1· · · ·Q.· · ·Let me see this one.· This is Exhibit 1004.
`
`·2· ·Now, can you point to any disclosure in Exhibit 1004
`
`·3· ·relating to a camera in Creamer that allows a user to
`
`·4· ·review images stored on the camera?
`
`·5· · · ·A.· · ·As I said, this is not the 97 reference,
`
`·6· ·but I will look through it for you.
`
`·7· · · · · · · So Figure 3 shows a camera LCD display 218.
`
`·8· ·It's connected to the image pickups circuit.· That
`
`·9· ·certainly suggests that function.· Let's see.· So if
`
`10· ·you look at Figure 8, it lists after capture of image
`
`11· ·to memory that you are going to do an image adjust
`
`12· ·S36.· And the image adjust in Figure 5 has things like
`
`13· ·brightness and saturation and things that would
`
`14· ·require the user to be looking at the image.· So I
`
`15· ·think it's there.
`
`16· · · · · · · So Figure 17 is more detailed, and it shows
`
`17· ·the LCD display connected to the aperture.· It allows
`
`18· ·you to zoom and focus, which would require the display
`
`19· ·on the LCD.· So that's three examples.
`
`20· · · ·Q.· · ·Any more?
`
`21· · · ·A.· · ·I'm sure there are.
`
`22· · · ·Q.· · ·But you're not prepared to identify them
`
`23· ·right now?
`
`24· · · ·A.· · ·I don't want to read the whole reference
`
`25· ·right now.· I gave you three examples.· I'm sure there
`
`Exhibit 2057
`Google Inc. v. Summit 6 LLC
`IPR2015-00806, Summit 6 LLC
`
`
`
`·1· ·are more in the specification.
`
`·2· · · ·Q.· · ·I direct your attention to Column 29 of
`
`·3· ·Creamer 1004, beginning at Line 50.· It states:· The
`
`·4· ·display 218 shows a more accurate representation of
`
`·5· ·the scene at which camera one is directed than
`
`·6· ·viewfinder and a more accurate preview of the image
`
`·7· ·that will be captured.
`
`·8· · · · · · · Do you see that?
`
`·9· · · ·A.· · ·I do.
`
`10· · · ·Q.· · ·Isn't it true that the display 218 shows a
`
`11· ·more accurate preview and image that will be captured?
`
`12· · · ·A.· · ·That is one of the things it does.
`
`13· · · ·Q.· · ·And it doesn't state that it provides a
`
`14· ·review of an image that was captured?
`
`15· · · ·A.· · ·I think I gave an example where it does in
`
`16· ·fact do that.
`
`17· · · ·Q.· · ·What example was that?
`
`18· · · ·A.· · ·That in order to adjust the brightness and
`
`19· ·the saturation of the image, that you would have to
`
`20· ·have already have captured it.
`
`21· · · ·Q.· · ·You are pointing to the parameters in
`
`22· ·Figure 5; is that right?
`
`23· · · ·A.· · ·No, I used the camera in addition to the
`
`24· ·parameters in Figure 5.
`
`25· · · ·Q.· · ·What do you mean used a camera in addition
`
`Exhibit 2057
`Google Inc. v. Summit 6 LLC
`IPR2015-00806, Summit 6 LLC
`
`
`
`·1· ·to the parameters in Figure 5?
`
`·2· · · ·A.· · ·There are two figures that describe the
`
`·3· ·camera.
`
`·4· · · ·Q.· · ·Which two figures are those?
`
`·5· · · ·A.· · ·The ones that I told you about.
`
`·6· · · ·Q.· · ·Which is Figure 3 and Figure 5?
`
`·7· · · ·A.· · ·Figure 3, and the more detailed one I think
`
`·8· ·is 17.
`
`·9· · · ·Q.· · ·Would you agree that the display 218 on
`
`10· ·Figure 17 is described in C
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