`Date: June 28, 2016
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`Case: Microsoft Corporation and Microsoft Mobile, Inc. v. Global Touch
`Solutions, LLC.
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`Ace-Federal Reporters, Inc.
`Phone: 202-347-3700
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`
`
`Mark N. Horenstein
`Microsoft Corporation and Microsoft Mobile, Inc. v. Global Touch Solutions, LLC.
`
`June 28, 2016
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
` -----------------------
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
` ----------------------
`
`Page 1
`
`MICROSOFT CORPORATION AND MICROSOFT MOBILE, INC.
` Petitioners
` vs.
` GLOBAL TOUCH SOLUTIONS, LLC
` Patent Owner
`
`CASE IPRs 2015-01147, 01148, 01149, 01150, 01151
` PATENT NUMBERS 7,994,726
` 7,498,749 B2
` 7,329,970 B2
` 7,781,980
` 8,288,952
` 7,994,726
` DEPOSITION OF MARK N. HORENSTEIN, Ph.D.
` Tuesday, June 28, 2016
` Commencing at 10:05 a.m.
`
` - - -
` Baker & Hostetler, LLP
` Cira Centre, 12th floor
` 2929 Arch Street
` Philadelphia, Pennsylvania
` - - -
`
`866-928-6509
`
`Ace-Federal Reporters, Inc.
`
`202-347-3700
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`
`
`Mark N. Horenstein
`Microsoft Corporation and Microsoft Mobile, Inc. v. Global Touch Solutions, LLC.
`
`June 28, 2016
`
`Page 2
`
`COUNSEL APPEARED AS FOLLOWS:
` Baker Hostetler
` BY: JOHN M. MURPHY, ESQUIRE
` SARAH DUKMEN, ESQUIRE
` 2929 Arch Street, 12th floor
` Cira Centre, 12th floor
` Philadelphia, PA 19104-2891
` (215) 564-1603
` for the Petitioner Microsoft Corporation
` and Microsoft Mobile, Inc.
` The Kelber Law Group
` BY: STEVEN B. KELBER, ESQUIRE
` 1875 Eye Street, NW, 5th floor
` Washington, DC 20006
` (202) 429-2091
` for the Patent Owner Global Touch
` Solutions, LLC
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`Mark N. Horenstein
`Microsoft Corporation and Microsoft Mobile, Inc. v. Global Touch Solutions, LLC.
`
`June 28, 2016
`
`Page 3
`
` I N D E X
` - - - - -
`WITNESS: PAGE:
`MARK N. HORNSTEIN, Ph.D.
` By Mr. Kelber 4
`
` - - -
` E X H I B I T S
`NUMBER PAGE:
`Exhibit 2007 Four pages of second 13
` declaration of Mark
` Hornstein regarding
` U.S. Patent No. 7,498,749
`Exhibit 2008 Five pages of second 27
` declaration of Mark
` Hornstein regarding
` U.S. Patent No. 7,329,970
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`Mark N. Horenstein
`Microsoft Corporation and Microsoft Mobile, Inc. v. Global Touch Solutions, LLC.
`
`June 28, 2016
`
`Page 4
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` - - -
` MARK N. HORENSTEIN, Ph.D., after
`having been duly sworn, was examined and testified as
`follows:
` - - -
`BY MR. KELBER:
`Q Good morning, Dr. Hornstein.
`A Good morning.
`Q Is it Hornstein? Do I have that right?
`A Yes.
`Q You may recall the last deposition in this series of
`interparty reviews. But just to reflect the ground rules.
`My job is to ask you questions that are sufficiently clear
`and precise that you can formulate an answer to them, and
`your job is to provide an oral response to those questions
`as complete and proper as you can. Is that satisfactory?
`A Yes.
`Q If you need a break for any reason, at any time, as
`long as there is not a question outstanding, just say let's
`take a break. You don't need to be in more detail than
`that. It is not supposed to be an endurance contest. And
`the caution I would offer because there are documents
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`Mark N. Horenstein
`Microsoft Corporation and Microsoft Mobile, Inc. v. Global Touch Solutions, LLC.
`
`June 28, 2016
`
`Page 5
`involved is if you need to read from a document, read it
`aloud and read more slowly than you would otherwise be
`inclined to so the court reporter can get your words down.
`We tend to read more quickly than we would ordinarily speak.
`Is that okay?
`A Just to make sure I understand what you're saying, if
`you ask me to read a document, you want me to read it out
`loud, or if you are saying if I am reading out loud, read
`more slowly.
`Q The latter. Thank you, sir.
` And the last item on rules of
`procedures is any time I hand you a document, whether I
`direct you to a particular part of the document or just ask
`you to consider it generally, feel free to read all of the
`document or any part of that document. Okay?
`A Okay.
`Q Good enough?
` MR. MURPHY: Counsel, before you get
`going, I would just like to place an objection on the
`record. My understanding is that counsel, Mr. Kelber, is
`counsel of record in IPRs number 1148 and 1149, but is not
`counsel of record in IPRs 1147, 1150 or 51. So Microsoft
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`Mark N. Horenstein
`Microsoft Corporation and Microsoft Mobile, Inc. v. Global Touch Solutions, LLC.
`
`June 28, 2016
`
`Page 6
`objects to the use of this transcript in IPRs 1147, 50 and
`51 because counsel in those cases is not present.
` MR. KELBER: I'm simply going to
`respond. We note your objection. The last time we did this
`deposition we shipped two people to California. We will
`rely on whatever Dr. Hornstein has to say, wherever he has
`sworn his offered sworn testimony or otherwise. But
`understood your objection.
`BY MR. KELBER:
`Q Dr. Hornstein, have you ever been an expert in an
`interparties proceeding prior to having been retained in
`connection with these five proceedings?
`A Yes.
`Q What was the nature of those earlier retentions?
`A You mean what was the subject matter of the IPRs?
`Q No. I'm sorry. Were they IPRs?
`A I thought that's what your question was.
`Q Well, any kind of interparty proceeding? Litigation?
`IPRs? Re-examination? What types of practices were you
`involved in?
`A Are you talking about litigations in civil court as
`well?
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`
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`
`Mark N. Horenstein
`Microsoft Corporation and Microsoft Mobile, Inc. v. Global Touch Solutions, LLC.
`
`June 28, 2016
`
`Page 7
`
`Q Yes, sir.
`A Most of them relate to intellectual property. A
`couple of them relate to personal injury.
`Q When you served as an expert witness, was it your
`custom to prepare either an expert report or a declaration
`reflecting your opinions?
`A Yes.
`Q In those prior procedures, did your report or
`declaration conclude with what lawyers like to refer to as
`jurat, a paragraph or two, reflecting your statement that
`what you were telling was either the truth or what you
`believed to be true?
`A I don't remember one way or the other if there was
`such a passage. It would generally have been appended to my
`report or declaration by the attorneys.
`Q If it was so appended by the attorneys, would you read
`it?
`A Of course.
`Q Do you make an effort to understand it?
`A Yes.
`Q Did you ever testify in a proceeding, either civil
`litigation or a hearing, before the board or something like
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`Mark N. Horenstein
`Microsoft Corporation and Microsoft Mobile, Inc. v. Global Touch Solutions, LLC.
`
`June 28, 2016
`
`Page 8
`
`that?
`A I never testified at all civil litigation or before
`the board.
`Q Okay.
`A That's your question?
`Q Yes.
`A Yes, I have.
`Q You have. Okay. When you testified, were you sworn
`in?
`A Generally, yes.
`Q Do you understand why you were sworn in?
`A I assume it's part of court procedure. I never really
`thought about it. I verify what I'm going to say is
`truthful. I assume that's the purpose of it.
`Q And when you were sworn in by the reporter this
`morning, did you think about what you were saying?
`A Of course.
` MR. MURPHY: Objection. Lack of
`foundation.
`BY MR. KELBER:
`Q I apologize, Doctor. Let me just take a minute and
`see if I can find the right exhibit. So I apologize for
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`Mark N. Horenstein
`Microsoft Corporation and Microsoft Mobile, Inc. v. Global Touch Solutions, LLC.
`
`June 28, 2016
`
`Page 9
`
`that delay. I will show you a document that's been
`previously marked in IPR 01147 as Exhibit 1018 and ask you
`if you recall preparing that document?
` MR. MURPHY: I object to the
`introduction of this exhibit for the reasons I stated at the
`beginning of the deposition.
` MR. KELBER: While you review, I got
`to ask you, what reasons do you have for objecting to the
`exhibit, wherever it is used?
` MR. MURPHY: This declaration
`pertains to IPR number 726, so I object to the relevance to
`this deposition.
` MR. KELBER: Noted.
`BY MR. KELBER:
`Q Did you have an opportunity to review that document,
`sir?
`A I have.
`Q I'm going to hand you yet another document.
`Depositions are like that. This one is marked Exhibit 1019
`in IPR 2015-01148. What I would like to ask you to do is to
`review the two documents that are before you. Have you had
`a chance to review those two documents, Exhibit 1018 in
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`
`Mark N. Horenstein
`Microsoft Corporation and Microsoft Mobile, Inc. v. Global Touch Solutions, LLC.
`
`June 28, 2016
`
`Page 10
`
`proceeding IPR 2015-001147 and Exhibit 1019 in IPR
`2015-01148?
`A Yes.
`Q Other than the caption, are they substantially
`identical, sir?
`A No.
`Q In what way are they different?
`A Exhibit 1018 has a paragraph that does not appear in
`Exhibit 1019.
`Q And which paragraph is that, sir?
`A It would be paragraph number seven in Exhibit 1018.
`Q Great. Now, did you prepare both the documents that
`are before you?
`A Yes.
`Q Did you sign both of them?
`A This is my signature on page three of both documents.
`Q Is that your signature or the affixation of an
`electronic text representation?
`A I'm not sure I understand your question.
`Q Did you physically sign it, or did you have appended
`to the document an electronic signature, a text or graphic
`reflecting a stored signature?
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`Mark N. Horenstein
`Microsoft Corporation and Microsoft Mobile, Inc. v. Global Touch Solutions, LLC.
`
`June 28, 2016
`
`Page 11
`
`A I'm not sure I understand your question.
`Q Did you sign it with a pen?
`A I signed this signature with a pen, and then in order
`to facilitate transmitting it electronically to the
`attorneys from Microsoft, I took a facsimile of that
`signature and put it on the page, but I did the action of
`imprinting this signature facsimile on page three of each of
`these documents.
` MR. KELBER: Can I hear that answer
`back, please?
` (The Court Reporter read back the
`last answer.)
`BY MR. KELBER:
`Q How did you take the facsimile of your signature?
`A With my cell phone.
`Q So, if I understand you correctly, you took a photo of
`your signature placed somewhere with your cell phone and
`then applied that image to the bottom of the page that is
`Exhibit 1019; is that accurate?
`A That would be -- that would be a pretty good
`representation of what happened.
`Q Is there more? I know, it is not a story, but is
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`Mark N. Horenstein
`Microsoft Corporation and Microsoft Mobile, Inc. v. Global Touch Solutions, LLC.
`
`June 28, 2016
`
`Page 12
`there more to the way your signature became affixed to the
`end of let's just take Exhibit 1019, beyond that?
` MR. MURPHY: Object to form.
` THE WITNESS: I have no idea what
`you're talking about. In my view, I signed these documents
`and then transmitted them.
`BY MR. KELBER:
`Q I understand your view, sir.
`A That's my view.
`Q But your view is not the same as the question. Your
`view is not responsive to the question I asked.
`A You asked me if there is some other story. There is
`no other story.
`Q What I asked you, and you said that was an accurate
`representation, what I was asking you is there any
`additional information I should have included in my
`description of the events that went forward so that your
`signature was affixed to the bottom of these pages?
` MR. MURPHY: Object to form.
` THE WITNESS: You are asking me if
`there are any other questions, so I say to you, do you have
`any other questions?
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`Mark N. Horenstein
`Microsoft Corporation and Microsoft Mobile, Inc. v. Global Touch Solutions, LLC.
`
`June 28, 2016
`
`Page 13
`
`BY MR. KELBER:
`Q Well, I do have another question.
`A Okay.
`Q Your signature on Exhibit 1019 of IPR 201501148 and
`IPR 20151147, Exhibit 1018 look remarkably similar.
`A Okay.
`Q Did you take a -- I will use your term -- your
`words -- did you prepare a different facsimile for each
`declaration and affix your signature one by one, or did you
`prepare one facsimile of your signature and apply that same
`facsimile to each of your declarations in these five IPRs?
` MR. MURPHY: Objection. Foundation.
` THE WITNESS: I don't recall. It
`could have been a mixture.
`BY MR. KELBER:
`Q Let's see if we can refresh your testimony -- refresh
`your recollection. Sorry.
` MR. KELBER: I'm going to ask the
`reporter to mark a new document in IPR 201501148 as Exhibit
`2007.
` (Four pages of second declaration of
`Mark Hornstein regarding U.S. Patent No. 7,498,749 marked
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`Mark N. Horenstein
`Microsoft Corporation and Microsoft Mobile, Inc. v. Global Touch Solutions, LLC.
`
`June 28, 2016
`
`Page 14
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`Exhibit 2007, for identification.)
`BY MR. KELBER:
`Q Have you seen Exhibit 2007 before, Dr. Hornstein?
`A Yes.
`Q And that has your signature affixed to the last page
`as well, doesn't it?
`A That's correct.
`Q And it looks remarkably similar to the signature that
`you applied to the exhibit we had been discussing
`previously, Exhibit 1019; correct?
`A Yes, sir.
`Q It was, in fact, applied with the exact same facsimile
`that you prepared in connection with Exhibit 1019 in IPR
`2015-01148, wasn't it?
`A No.
`Q You made a fresh one?
`A No.
`Q How did it come to be signed, sir, if that's Exhibit
`2007?
`A Exhibit 2007 was signed by a pen.
`Q Why sign one 2007 with a pen and the previous one with
`a facsimile signature?
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`Mark N. Horenstein
`Microsoft Corporation and Microsoft Mobile, Inc. v. Global Touch Solutions, LLC.
`
`June 28, 2016
`
`Page 15
`A Very simple. The one that was signed with a facsimile
`of my signature I signed back in Boston and sent them to the
`attorneys by e-mail attachment. Whereas, this document I
`signed on the physical page here.
`Q You signed them in Philadelphia?
`A That's correct.
`Q And handed them. When was the facsimile that you
`affixed to Exhibit 1019 prepared?
`A Well, whenever I signed it. The date that it
`indicated.
`Q Are you sure?
`A That or thereabouts. I usually am -- I usually
`sign -- I usually add the date to the signature, add the
`date on the day I impress the facsimile signature.
`Q What do you do when you are not doing it in your usual
`fashion?
`A I don't understand the question.
`Q You said you -- you are not sure you said. You
`usually do it in the fashion you recited. What do you do at
`other times?
`A If there is already a date on the document, then I
`might not change it.
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`Mark N. Horenstein
`Microsoft Corporation and Microsoft Mobile, Inc. v. Global Touch Solutions, LLC.
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`June 28, 2016
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`Page 16
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`Q Who affixed the date on the document that, for
`instance, is before you as Exhibit 1019 in IPR 2015-01148?
`A I don't recall.
`Q You don't recall. And yet you prepared the rest of
`that document, did you not?
`A That's right.
`Q In fact, the attorney that provided you this document
`that is Exhibit 1019 in IPR 2015-01148 affixed or provided
`or inserted or somehow typed that date, didn't he?
`A I don't recall. It could had been me. It could had
`already been on the most recent draft of the document that
`we had been working with. I don't recall.
`Q Is it possible that you affixed your facsimile of your
`signature prior to the date that's reflected on that
`document?
`A I would highly doubt it.
`Q Why?
`A Because I'm always aware that a date has to accompany
`the signature.
`Q Why is that important?
`A I don't know, but any time you sign any document that
`has any legal bearing in life, it needs a date, so I assume
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`Mark N. Horenstein
`Microsoft Corporation and Microsoft Mobile, Inc. v. Global Touch Solutions, LLC.
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`June 28, 2016
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`Page 17
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`this document needs a date. I don't really know.
`Q Why was the final paragraph in Exhibit 2017 --
`sorry -- 2007 added beyond the text of the corresponding
`document which is Exhibit 1019 in IPR 2015-0001148?
`A The way it was presented to me after the original
`version without I assume you are talking about paragraph
`eight, declaration of information I believe are true -- the
`way it was presented to me was that that last paragraph
`needed to be on the document for legal reasons and,
`therefore, this particular declaration had to be redone with
`that paragraph added.
`Q Do you know what legal reasons there were?
` MR. MURPHY: Objection. Calls for
`legal conclusion.
`BY MR. KELBER:
`Q I'm not asking you for any conclusion, sir. You said
`that you were told it was provided for legal reasons. To
`the best of your knowledge, what are those legal reasons?
` MR. MURPHY: Same objection.
` THE WITNESS: Well, it would certify
`that I declare that all statements made herein of my own
`knowledge are true and that all statements made upon
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`Mark N. Horenstein
`Microsoft Corporation and Microsoft Mobile, Inc. v. Global Touch Solutions, LLC.
`
`June 28, 2016
`
`Page 18
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`information and belief are true and further that the
`statements were made with the knowledge that willful false
`statements and the like so made are punishable by fine or
`imprisonment or both under Section 1101 of Title 18 of the
`United States Code.
`BY MR. KELBER:
`Q Was that not true of your earlier declaration?
`A Of course, it was true. I wouldn't sign a document
`that I didn't testify before or stand behind.
`Q Let me ask you to read just -- you don't have to read
`it aloud. You did a fine job of that. But read that first
`clause. It's a single sentence that you read, but there is
`a semicolon. Do you see that?
`A No.
`Q Paragraph eight after the word true.
`A There is a semicolon after true.
`Q So just read from the beginning of that paragraph to
`the semicolon, please, and let me know when your done.
`A Okay.
`Q Does that clause make any sense to you?
` MR. MURPHY: Object to form.
` THE WITNESS: The clause says that I
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`Mark N. Horenstein
`Microsoft Corporation and Microsoft Mobile, Inc. v. Global Touch Solutions, LLC.
`
`June 28, 2016
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`Page 19
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`am declaring that all statements made herein of my own
`knowledge are true and that all statements made on
`information and belief are true. That's what it says.
`BY MR. KELBER:
`Q If you made those statements on information and
`belief, information and belief, not your own knowledge, how
`on earth can you testify that they are true?
` MR. MURPHY: Object to foundation.
`Calls for legal conclusion. Form.
`BY MR. KELBER:
`Q How on earth can you do that, sir?
` MR. MURPHY: Objection.
` THE WITNESS: I don't understand
`your question.
`BY MR. KELBER:
`Q Well, understand that you swear that the statements
`made of your own knowledge in this Exhibit 01148. Sorry.
`My apologies. Exhibit 2007 in IPR 2015-01148. The
`statements made of your own knowledge are true. But how on
`earth can you warrant the statements that you're making on
`information are true?
` MR. MURPHY: Same objections.
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`Mark N. Horenstein
`Microsoft Corporation and Microsoft Mobile, Inc. v. Global Touch Solutions, LLC.
`
`June 28, 2016
`
`Page 20
` THE WITNESS: I don't understand
`your question.
`BY MR. KELBER:
`Q Well, you hear something on the internet. That's
`information. Can you warrant that it's true?
` MR. MURPHY: Objection. Form and
`lack of foundation.
` THE WITNESS: But I didn't quote any
`statement on the internet in this declaration.
`BY MR. KELBER:
`Q Did you make any statements in this declaration that
`were made not of your only personal knowledge, but on the
`basis of information?
` MR. MURPHY: Object to form.
`BY MR. KELBER:
`Q Do you not understand that question, sir, because your
`attorney has trouble with it. So I'm going to ask it again.
`You say in paragraph eight of your declaration that all
`statements made in the declaration of your own knowledge are
`true and that all statements made on information and belief
`are true. Are there any statements in Exhibit 1007 of
`IPR -- I apologize -- Exhibit 2007 of IPR 2015-01148 that
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`Ace-Federal Reporters, Inc.
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`202-347-3700
`
`
`
`Mark N. Horenstein
`Microsoft Corporation and Microsoft Mobile, Inc. v. Global Touch Solutions, LLC.
`
`June 28, 2016
`
`Page 21
`
`are made on information and belief?
` MR. MURPHY: Same objections.
` THE WITNESS: You have to tell me
`what you mean by information and belief.
`BY MR. KELBER:
`Q Whatever you meant, sir, when you signed, according to
`your testimony, Exhibit 2007 on June 9, 2016?
`A Well, any statements in the declaration that are made
`on information and belief I stand behind. That's what that
`means.
`Q What does it mean to stand behind?
`A Means I didn't make any false statements. I didn't
`lie, and I didn't commit perjury in declaring this document.
`As far as I'm concerned, that's what that statement says.
`Q Well, what's the difference between your declaration,
`a statement made of your own knowledge and one made on
`information and belief?
` MR. MURPHY: Same objections.
` THE WITNESS: Well, the best I can
`answer your question is I made statements based on my own
`knowledge and opinion, and I made statements based on
`documents prepared by others. For example, patent owners'
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`202-347-3700
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`
`Mark N. Horenstein
`Microsoft Corporation and Microsoft Mobile, Inc. v. Global Touch Solutions, LLC.
`
`June 28, 2016
`
`Page 22
`response, Dr. Morley's declaration and his deposition. So
`to the extent that information in those documents does not
`reflect my own opinion or I can't testify that those
`documents were prepared truthfully, I have to -- I have to
`assume that the information in those documents is true in
`making my own declaration.
`BY MR. KELBER:
`Q You refer to statements and opinions. Is there a
`difference between the two?
` MR. MURPHY: Object to form.
`Foundation.
` THE WITNESS: Don't know.
`BY MR. KELBER:
`Q You don't know. If you used the word, sir, who would
`know?
` MR. MURPHY: Same objection.
` THE WITNESS: You have to expand
`your question. I don't understand it.
`BY MR. KELBER:
`Q Let me try it again from the top because perhaps I
`misheard you.
`A Okay.
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`Mark N. Horenstein
`Microsoft Corporation and Microsoft Mobile, Inc. v. Global Touch Solutions, LLC.
`
`June 28, 2016
`
`Page 23
`Q Are there statements made in this Exhibit 2007 that
`were made of your own knowledge, not your opinion, just your
`own knowledge?
`A Some of the statements are opinions and some are
`knowledge, and I would have to go through each statement one
`by one to identify them.
`Q Could you identify one of each for me, please?
`A Let's start at the beginning. My name is Mark
`Hornstein. That's knowledge. I'm the same Mark Hornstein
`who signed and submitted a declaration on May 12, 2015.
`That's knowledge. I reviewed patent owners' response and
`related exhibits, deposition transcript. That's knowledge.
`And then an opinion is nothing expressed in any of these
`documents changes my opinion.
`Q Thank you. Appreciate that. Now, you said you signed
`and submitted a declaration on May 12, 2015, and that was
`knowledge. But, in fact, you did not sign that. You
`affixed a facsimile; is that correct?
`A That's signing.
` MR. MURPHY: Excuse me, Dr.
`Hornstein. Please let me assert my objections. Objection
`to form and foundation. And you can answer the question, if
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`Mark N. Horenstein
`Microsoft Corporation and Microsoft Mobile, Inc. v. Global Touch Solutions, LLC.
`
`June 28, 2016
`
`Page 24
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`you haven't.
` MR. KELBER: He did answer.
` THE WITNESS: That is signing it in
`my -- in my view as a legal expert. I'm sorry. As a
`technical expert that is signing it.
`BY MR. KELBER:
`Q Could anybody equipped with the same cell phone that
`you used have captured your signature on some document and
`affixed it to Exhibit 2007?
` MR. MURPHY: Objection. Form and
`foundation.
` THE WITNESS: No more so than a
`person could forge my signature with a pen. Same situation.
`BY MR. KELBER:
`Q Same situation?
`A The fact is I signed these documents.
`Q Is that your legal opinion, sir?
`A No.
` MR. MURPHY: Objection.
` THE WITNESS: No. It's my opinion
`as a technical expert.
`BY MR. KELBER:
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`Mark N. Horenstein
`Microsoft Corporation and Microsoft Mobile, Inc. v. Global Touch Solutions, LLC.
`
`June 28, 2016
`
`Page 25
`Q And what is the nature of your -- let's take it one at
`a time. What's the nature of your education that leads you
`to conclude that affixing an electronic text rather than
`actually signing a document is for legal purposes signing
`that document?
` MR. MURPHY: Objection. Form.
`Foundation.
` THE WITNESS: You are asking for a
`legal conclusion.
`BY MR. KELBER:
`Q No, sir. You said that's your opinion as a technical
`expert. I'm asking you as a technical expert, what is the
`background or education or other source of knowledge that
`you're relying on for your technical opinion?
` MR. MURPHY: Same objection.
` THE WITNESS: Anyone can sign a PDF
`document using an Adobe PDF signature and anyone can sign an
`Adobe document with a facsimile signature. In my lengthy
`experience in signing all sorts of things, that's a very
`common practice. If it does not meet some very strict
`narrow legal requirement, then I don't have an opinion about
`that. My opinion is I sign these documents and attest to
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`Mark N. Horenstein
`Microsoft Corporation and Microsoft Mobile, Inc. v. Global Touch Solutions, LLC.
`
`June 28, 2016
`
`Page 26
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`the fact that they are my true opinions.
`BY MR. KELBER:
`Q Ever sign a document before a notary?
`A Yes, sir.
`Q Do you know why there is a requirement for signing
`before a notary on some documents?
`A I would only be speculating.
`Q I don't ask you to speculate, sir, not outside of your
`technical expertise. But are you familiar with the
`notarization that says this person actually appeared before
`me?
`A Yes, sir.
`Q Now, you couldn't comply with that notarization and at
`the same time affix an electronic signature before or after
`the date on the document, could you?
` MR. MURPHY: Object to form,
`foundation.
` THE WITNESS: Ask that