Robert E. Morley, Jr.
` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`- - - - - - - - - - - - - - - x
`APPLE INC. AND MOTOROLA :
`MOBILITY LLC, :
` Petitioner, : IPR2015-01171
` vs. : Patent
`GLOBAL TOUCH SOLUTIONS, LLC, : 7,994,726 B2
` Patent Owner. :
`- - - - - - - - - - - - - - - x
`APPLE INC., MOTOROLA LLC AND :
`TOSHIBA AMERICA INFORMATION :
`SYSTEMS, INC., :
` Petitioner. : IPR2015-01172
` vs. : Patent
`GLOBAL TOUCH SOLUTIONS, LLC, : 7,498,749 B2
` Patent Owner. :
`- - - - - - - - - - - - - - - x
`APPLE INC., MOTOROLA LLC AND :
`TOSHIBA AMERICA INFORMATION :
`SYSTEMS, INC., :
` Petitioner, : IPR2015-01173
` vs. : Patent
`GLOBAL TOUCH SOLUTIONS, LLC, : 7,329,970 B2
` Patent Owner. :
`- - - - - - - - - - - - - - - x
`(Caption continued on the next page.)
`
` Deposition of ROBERT E. MORLEY, JR.,
`Called for oral examination by counsel for
`Petitioner Apple, Inc., pursuant to notice,
`taken at 2100 Pennsylvania Avenue, Northwest,
`Washington, D.C., commencing at 9:02 a.m.,
`Friday, May 20, 2016, before Denise M. Brunet,
`RPR, a Notary Public in and for the District
`of Columbia.
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`Ex. 1033-0001
`
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`- - - - - - - - - - - - - - - x
`APPLE INC. AND MOTOROLA :
`MOBILITY LLC, :
` Petitioner, : IPR2015-01171
` vs. : Patent
`GLOBAL TOUCH SOLUTIONS, LLC, : 7,994,726 B2
` Patent Owner. :
`- - - - - - - - - - - - - - - x
`APPLE INC., MOTOROLA LLC AND :
`TOSHIBA AMERICA INFORMATION :
`SYSTEMS, INC., :
` Petitioner. : IPR2015-01172
` vs. : Patent
`GLOBAL TOUCH SOLUTIONS, LLC, : 7,498,749 B2
` Patent Owner. :
`- - - - - - - - - - - - - - - x
`APPLE INC., MOTOROLA LLC AND :
`TOSHIBA AMERICA INFORMATION :
`SYSTEMS, INC., :
` Petitioner, : IPR2015-01173
` vs. : Patent
`GLOBAL TOUCH SOLUTIONS, LLC, : 7,329,970 B2
` Patent Owner. :
`- - - - - - - - - - - - - - - x
`(Caption continued on the next page.)
`
` Deposition of ROBERT E. MORLEY, JR.,
`Called for oral examination by counsel for
`Petitioner Apple, Inc., pursuant to notice,
`taken at 2100 Pennsylvania Avenue, Northwest,
`Washington, D.C., commencing at 9:02 a.m.,
`Friday, May 20, 2016, before Denise M. Brunet,
`RPR, a Notary Public in and for the District
`of Columbia.
`PAGES 1 - 193
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`Ex. 1033-0001
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`
`Robert E. Morley, Jr.
`(Caption continued from previous page.)
`
`APPLE INC. AND MOTOROLA :
`MOBILITY LLC, :
` Petitioner, : IPR2015-01174
` vs. : Patent
`GLOBAL TOUCH SOLUTIONS, LLC, : 7,781,980 B2
` Patent Owner. :
`- - - - - - - - - - - - - - - x
`APPLE INC. AND MOTOROLA :
`MOBILITY LLC, :
` Petitioner, : IPR2015-01175
` vs. : Patent
`GLOBAL TOUCH SOLUTIONS, LLC, : 8,288,952 B2
` Patent Owner. :
`- - - - - - - - - - - - - - - x
`TOSHIBA AMERICA INFORMATION :
`SYSTEMS, INC. AND APPLE, INC.,:
` Petitioner, : IPR2015-01603
` vs. : Patent
`GLOBAL TOUCH SOLUTIONS, LLC, : 7,498,749 B2
` Patent Owner. :
`- - - - - - - - - - - - - - - x
`TOSHIBA AMERICA INFORMATION :
`SYSTEMS, INC. AND APPLE, INC.,:
` Petitioner, : IPR2015-01616
` vs. : Patent
`GLOBAL TOUCH SOLUTIONS, LLC, : 7,265,494 B2
` Patent Owner. :
`- - - - - - - - - - - - - - - x
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`Ex. 1033-0002
`
`
`
`Robert E. Morley, Jr.
`A P P E A R A N C E S
`
`O n b e h a l f o f A p p l e , I n c . :
` B Y : G A B R I E L S . G R O S S , E S Q U I R E
` L a t h a m & W a t k i n s , L L P
` 1 4 0 S c o t t D r i v e
` M e n l o P a r k , C a l i f o r n i a 9 4 0 2 5
` ( 6 5 0 ) 3 2 8 - 4 6 0 0
` g a b e . g r o s s @ l w . c o m
`
` B Y : J A M E S R . B E N D E R , E S Q U I R E
` L a t h a m & W a t k i n s , L L P
` 5 5 5 1 1 t h S t r e e t , N o r t h w e s t
` S u i t e 1 0 0 0
` W a s h i n g t o n , D . C . 2 0 0 0 4
` ( 2 0 2 ) 6 3 7 - 2 2 0 0
` j a m e s . b e n d e r @ l w . c o m
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`Ex. 1033-0003
`
`
`
`Robert E. Morley, Jr.
`APPEARANCES (continued):
`
`On behalf of Toshiba:
` BY: LUKE J. McCAMMON, ESQUIRE
` Finnegan, Henderson, Farabow, Garrett &
` Dunner, LLP
` 901 New York Avenue, Northwest
` Washington, D.C. 20001
` (202) 408-4000
` luke.mccammon@finnegan.com
`
`On behalf of Global Touch Solutions, LLC.:
` BY: FADI N. KIBLAWI, ESQUIRE
` PETER S. PARK, ESQUIRE
` Sughrue Mion, PLLC
` 2100 Pennsylvania Avenue, Northwest
` Washington, D.C. 20037
` (202) 663-7386
` fkiblawi@sughrue.com
`
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`Ex. 1033-0004
`
`
`
`Robert E. Morley, Jr.
`A P P E A R A N C E S ( c o n t i n u e d ) :
`
`O n b e h a l f o f G l o b a l T o u c h S o l u t i o n s , L L C . :
` B Y : S T E V E N B . K E L B E R , E S Q U I R E
` T h e K e l b e r L a w G r o u p
` 1 8 7 5 E y e S t r e e t , N o r t h w e s t
` F i f t h F l o o r
` W a s h i n g t o n , D . C . 2 0 0 0 6
` ( 2 0 2 ) 4 2 9 - 2 0 9 1
` s b k e l b e r @ a o l . c o m
`
` B Y : N A T H A N C R I S T L E R , E S Q U I R E
` C r i s t l e r I P , L L C
` 1 8 0 1 2 1 s t R o a d N o r t h
` A r l i n g t o n , V i r g i n i a 2 2 2 0 9
` ( 5 1 2 ) 5 7 6 - 5 1 6 6
` n c r i s t l e r @ c r i s t l e r i p . c o m
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`Ex. 1033-0005
`
`
`
`Robert E. Morley, Jr.
` I N D E X
`
`EXAMINATION BY: PAGE:
`Counsel for Petitioner Apple 9
`Counsel for Petitioner Toshiba 130
`
`MORLEY DEPOSITION EXHIBITS: PAGE:
`
`Exhibit 1 Petitioner's Notice of Deposition of
` Robert E. Morley, Jr., for '726 patent 9
`Exhibit 2 Petitioner's Notice of Deposition of
` Robert E. Morley, Jr., for '749 patent 9
`Exhibit 3 Petitioner's Notice of Deposition of
` Robert E. Morley, Jr., for '970 patent 9
`Exhibit 4 Petitioner's Notice of Deposition of
` Robert E. Morley, Jr., for '980 patent 9
`Exhibit 5 Petitioner's Notice of Deposition of
` Robert E. Morley, Jr., for '952 patent 9
`Exhibit 6 Petitioner's Notice of Deposition of
` Robert E. Morley, Jr., for '749 patent 9
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`Ex. 1033-0006
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`
`
`Robert E. Morley, Jr.
`MORLEY DEPOSITION EXHIBITS: PAGE:
`Exhibit 7 Petitioner's Notice of Deposition of
` Robert E. Morley, Jr., for '494 patent 9
`Exhibit 8 Declaration of Robert E. Morley, Jr.,
` for '726 patent 9
`Exhibit 9 Declaration of Robert E. Morley, Jr.,
` for '749 patent 9
`Exhibit 10 Declaration of Robert E. Morley, Jr.,
` for '970 patent 9
`Exhibit 11 Declaration of Robert E. Morley, Jr.,
` for '980 patent 9
`Exhibit 12 Declaration of Robert E. Morley, Jr.,
` for '952 patent 9
`Exhibit 13 Declaration of Robert E. Morley, Jr.,
` for '749 patent 9
`Exhibit 14 Declaration of Robert E. Morley, Jr.,
` for '494 patent 9
`Exhibit 15 U.S. patent 7,994,726 B2 9
`Exhibit 16 U.S. patent 7,498,749 B2 9
`Exhibit 17 U.S. patent 7,329,970 B2 9
`Exhibit 18 U.S. patent 7,781,980 B2 9
`
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`Ex. 1033-0007
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`
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`Robert E. Morley, Jr.
`MORLEY DEPOSITION EXHIBITS: PAGE:
`
`Exhibit 19 U.S. patent 8,288,952 B2 9
`Exhibit 20 U.S. patent 7,265,494 B2 9
`Exhibit 21 Decision, Institution of Inter Partes
` Review 9
`Exhibit 22 (Not identified for the record) 9
`Exhibit 23 (Not identified for the record) 9
`Exhibit 24 (Not identified for the record) 9
`Exhibit 25 (Not identified for the record) 9
`Exhibit 26 (Not identified for the record) 9
`Exhibit 27 (Not identified for the record) 9
`Exhibit 28 U.S. patent 5,898,290 56
`Exhibit 29 U.S. patent 5,955,869 57
`Exhibit 30 U.S. patent 5,710,728 57
`Exhibit 31 U.S. patent 5,712,795 174
`Exhibit 32 Patent Owner's Preliminary Response
` Pursuant to 37 C.F.R. 42.107(a) 188
`
` (Exhibits attached to the transcript.)
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`Ex. 1033-0008
`
`
`
`Robert E. Morley, Jr.
` P R O C E E D I N G S
` (Morley Deposition Exhibit 1 through
`Exhibit 27 were premarked for identification.)
`WHEREUPON,
` ROBERT E. MORLEY, JR.,
`called as a witness, and after having been first
`duly sworn, was examined and testified as follows:
` EXAMINATION BY COUNSEL FOR PETITIONER APPLE
`BY MR. GROSS:
` Q Good morning.
` A Good morning.
` Q My name is Gabe Gross. I'm an attorney
`for Apple, and I'm with the law firm of Latham &
`Watkins and I'll be taking your deposition today.
`Do you understand?
` A Yes.
` Q Is there anything today that's going on
`in your life that could affect your ability to
`give complete and accurate information in response
`to my questions today?
` A No.
` Q You're not on any medications that could
`
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`Ex. 1033-0009
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`
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`Robert E. Morley, Jr.
`impede your ability to testify today?
` A No.
` Q And you're prepared to follow the oath
`and give us honest and truthful answers to my
`questions?
` A Yes.
` Q Okay. I think we'll take a few minutes
`at the beginning to go through some logistics
`because we have a fair amount of papers to deal
`with. Okay?
` A Fine.
` Q All right. So what I'd like to do is
`start with some of your background information and
`then we'll get some of the paperwork out of the
`way. Would you please state your full name for
`the record.
` A Dr. Robert E. Morley, Jr.
` Q And could you please give us your home
`address.
` A 7281 Greenway Avenue, St. Louis,
`Missouri, 63130.
` Q Are you currently employed, Dr. Morley?
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`Ex. 1033-0010
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`
`
`Robert E. Morley, Jr.
`
` A I am.
` Q Where is that?
` A Washington University in St. Louis.
` Q What's your business address, please?
` A Number 1 Brookings Drive. And that's St.
`Louis, Missouri 63130.
` Q How long have you been with Washington
`University?
` A Since -- I was a student there for eight
`years starting in '69. I joined the faculty
`full-time in 1981.
` Q And your position there today?
` A I'm an associate professor of electrical
`and systems engineering.
` Q Have you ever worked for Apple, my
`client?
` A I don't believe so, no.
` Q Have you ever worked for Toshiba?
` A No.
` Q Same question about Motorola. Have you
`ever worked for them?
` A No.
`
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`Ex. 1033-0011
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`
`
`Robert E. Morley, Jr.
` Q And to be clear, do you understand that
`all three of those companies are petitioners in
`inter partes review proceedings that we're here to
`talk about today?
` A Yes.
` Q And as petitioners, they've challenged
`the validity of certain patents owned by Global
`Touch Solutions. Do you understand that?
` MR. KIBLAWI: Object to form.
` THE WITNESS: I understand that, yes.
`BY MR. GROSS:
` Q You understand that Global Touch Solution
`(sic) and Apple have opposing interests in these
`proceedings, right?
` A Correct.
` Q Have you ever worked for any other entity
`that's been opposed to Apple?
` MR. KIBLAWI: Object to the form.
` THE WITNESS: Not that I recall.
`BY MR. GROSS:
` Q Let me ask you the same question about
`Motorola.
`
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`Ex. 1033-0012
`
`
`
`Robert E. Morley, Jr.
` MR. KIBLAWI: Object to the form.
` THE WITNESS: I don't believe so, no.
`BY MR. GROSS:
` Q And the same question about Toshiba.
` MR. KIBLAWI: Objection. Form.
` THE WITNESS: I don't think so.
`BY MR. GROSS:
` Q When were you retained for these
`proceedings?
` A I think in January.
` Q Of 2016?
` A 2016, this year.
` Q And who did you first communicate with
`about your engagement in these matters?
` A I think last year, in the November time
`frame, I got a call from Mr. William Mandir,
`M-A-N-D-I-R, who I had worked with on some cases
`before here, and he told me that he might have a
`project that they could use some help on from me.
` Q How long have you known Mr. Mandir?
` A I'd say at least ten years.
` Q How did you come to know each other?
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`Ex. 1033-0013
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`
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`Robert E. Morley, Jr.
` A I first met him when I worked as an
`expert on a digital hearing aid case involving the
`Widex hearing aid company out of Copenhagen,
`Denmark.
` Q Sorry. What was the name of the
`proceeding or the party that you were working
`with?
` A The party I was representing was Widex,
`W-I-D-E-X.
` Q Was that a patent owner or a company
`challenging a patent?
` A It was not an IPR. It was an
`infringement case, and they were being accused of
`infringement.
` Q What other cases did you work with
`Mr. Mandir on?
` A There was a case subsequent to that a
`couple of years later called XPoint, X-P-O-I-N-T.
` Q And what generally did that involve?
` A Computer architecture bus structures for
`direct memory access data transfers.
` Q Was XPoint your client?
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`Ex. 1033-0014
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`
`
`Robert E. Morley, Jr.
`
` A Yes.
` Q Was it the patent owner in those
`proceedings or an accused infringer?
` A It was the patent owner.
` Q What else have you worked on with
`Mr. Mandir?
` A That's all.
` Q So the Widex case, the XPoint case and
`this case are the total of your engagements with
`Mr. Mandir?
` A Correct.
` Q How about his law firm, have you worked
`with them on other matters as an expert witness?
` A No.
` Q Are you aware that in addition to the IPR
`proceedings that we'll talk about today, there's
`also a parallel district court litigation between
`Global Touch and Apple, as well as some other
`parties, involving the same patents?
` A I sort of have that understanding. I
`don't know anything in any detail about it.
` Q Have you been engaged to work on those
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`Ex. 1033-0015
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`Robert E. Morley, Jr.
`district court litigations?
` A No.
` Q You're being paid $500 an hour for your
`work on this case?
` A Correct.
` Q And you're being paid $500 per hour for
`your testimony today?
` A Correct.
` Q Does your compensation in any way depend
`on the outcome of these proceedings?
` A No.
` Q How many times have you been deposed
`before?
` A I've had my deposition taken somewhere
`between five and ten times.
` Q Is that always in your capacity as an
`expert witness?
` A Well, last -- I forget the date now.
`Last summer, a year ago, my deposition was taken
`in a litigation between me and a company called
`Square. So --
` Q And you -- please go ahead.
`
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`Ex. 1033-0016
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`
`
`Robert E. Morley, Jr.
` A That was -- I'm not sure what my capacity
`was in that deposition. I wore a couple of hats,
`I think.
` Q That was the case you recently settled?
` A Yes.
` Q And it's over? It's complete?
` A Technically, we have a binding term
`sheet, but we have not completed the final
`document.
` Q Is this the lawsuit that I read about
`that resulted in a $50 million settlement payment?
` A Most likely.
` Q And you testified in a deposition in that
`case, correct?
` A Correct.
` Q Was there any -- there was no trial in
`that case?
` A No trial.
` Q And when you mentioned that you had
`testified in depositions about five to ten times,
`that was one of them, the deposition in the Square
`case, right?
`
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`Ex. 1033-0017
`
`
`
`Robert E. Morley, Jr.
`
` A Correct.
` Q And the remainder of those depositions,
`were those all in your capacity as an expert
`witness who was engaged as an expert to testify on
`specific issues?
` A Correct.
` Q Is the one and only time you testified as
`a fact witness in a legal proceeding the Square
`lawsuit?
` A Yes.
` Q How many times, if any, have you
`testified at trial?
` A Twice.
` Q Tell me about the first instance, please.
`What was that about?
` A I was retained as expert in a case
`between Coin Acceptors Corporation in St. Louis
`and M&M Mars Electronics regarding electronic
`validation of coins in vending machines. And that
`was a trial that took some 40 days, spread over
`ten months, in New York. It was a bench trial
`with the Honorable John C. Lifland, L-I-F-L-A-N-D.
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`Ex. 1033-0018
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`
`
`Robert E. Morley, Jr.
` And there was patents, and there was
`allegations of infringement and countersuit of
`infringement. And I think the case started out
`with four patents on each side. And I testified
`numerous days in that trial.
` Then I testified in the Widex case.
`Those are the two.
` Q Let's go back to the Coin Acceptors case.
`Which party were you working for in that one?
` A Coin Acceptors.
` Q And in the Widex case, you worked for
`Widex, correct?
` A Correct.
` Q In the Coin Acceptors case, were you also
`deposed before your trial testimony?
` A Yes, my deposition was taken in that
`case.
` Q Is that also true about the Widex case?
` A My deposition was taken in that case too.
` Q So I'd like to get a sense overall for
`about how many patent-related proceedings you've
`been a part of. Let's start with lawsuits. You
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`Ex. 1033-0019
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`
`
`Robert E. Morley, Jr.
`mentioned you've been deposed about five to ten
`times. How many separate proceedings have you
`been involved in over patent disputes?
` A I'd say on the order of 10 to 12,
`something like that.
` Q Not all of them led to depositions?
` A Correct.
` Q Specifically, let's talk about
`proceedings through the patent office as opposed
`to court cases. How many patent office
`proceedings have you been a part of?
` MR. KIBLAWI: Object to the form.
`BY MR. GROSS:
` Q You know what? Let me withdraw the
`question, if I may. I think I can be more
`specific. May I ask you another question?
` A Go ahead, please.
` Q How many patent office proceedings have
`you participated in when your own patents are not
`at issue?
` MR. KIBLAWI: Object to the form.
` THE WITNESS: I think this is the first
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`Ex. 1033-0020
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`
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`Robert E. Morley, Jr.
`
`one.
`BY MR. GROSS:
` Q So this set of inter partes reviews about
`the Global Touch patents is the first time you've
`been engaged to participate in patent office
`proceedings that have to do with patents other
`than your own?
` A That's right.
` Q And to be clear, when we talk about these
`IPR proceedings, I assume you mean the ones filed
`by Microsoft, which you've already testified in
`recently, as well as the ones we're here to talk
`about today that were initiated by Apple, Motorola
`and Toshiba; is that fair?
` A Yes.
` Q Now let's talk about your experience with
`the patent office on your own behalf that relate
`to your own inventions.
` A Do we have to?
` Q We can hopefully do it briefly. Tell me
`roughly, please, how many patents are you listed
`as an inventor on?
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`Ex. 1033-0021
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`Robert E. Morley, Jr.
` A I think on the order of 16.
` Q And how have you participated, if at all,
`in the obtaining of patents on which you're listed
`as an inventor?
` A I was involved intimately in the
`preparation of the patent applications for all of
`my patents.
` Q Did you write the applications?
` A Portions thereof and the specifications.
` Q Did you represent yourself in any of your
`patent applications?
` A No.
` Q Did you always work with patent counsel?
` A I did.
` Q To your knowledge, were any of those 16
`patents that you've been awarded challenged at the
`patent office by any third parties?
` A Yes.
` Q Which ones?
` A If I can refer to them by their last
`three digits --
` Q Sure.
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`Ex. 1033-0022
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`
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`Robert E. Morley, Jr.
` A -- as is customary, there is a patent
`known as the '729 patent that was challenged in an
`inter partes -- sorry -- yeah, inter partes
`re-exam. There's a patent called the '394 which
`was challenged in an inter partes re-exam, and I
`abandoned it because it had no commercial value,
`considering I had other ones.
` There was the '248 patent that was
`challenged in an inter partes re-exam. There is
`the '394 patent which was challenged in an IPR,
`inter partes review. And that's it for now.
` Q Okay. So the '729 patent was challenged
`in an inter partes re-examination, correct?
` A Right.
` Q The '394 patent was challenged in an
`inter partes re-examination, correct?
` A Correct.
` Q And also an inter partes review?
` A No, not the '394. Sorry. Did I -- am I
`forgetting the proper number? The inter partes
`review was not the patent that I abandoned, the
`394. Oh -- it's the '948 is the inter partes
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`Ex. 1033-0023
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`
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`Robert E. Morley, Jr.
`
`review.
` Q Okay. So there were three inter partes
`re-examinations and one inter partes review?
` A Correct.
` Q All right. So four of the 16 patents
`that you've been awarded have been challenged in
`the patent office?
` A Correct.
` Q At least one you abandoned; that was the
`'394, correct?
` A Correct.
` Q And to your knowledge, what's the status
`of the '729 patent that was challenged in
`inter partes re-examination?
` A It's on appeal at the federal circuit.
` Q What decision is being appealed?
` A The invalidity of the claim.
` Q So the patent office invalidated the
`claims in the inter partes re-examination, right?
` A Correct.
` Q You mentioned that you abandoned the '394
`patent that was challenged in the inter partes
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`Ex. 1033-0024
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`
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`Robert E. Morley, Jr.
`re-examination proceeding, right?
` A Correct.
` Q And had that one also reached a decision
`by the patent office?
` A No. We didn't file the preliminary
`response. We dropped that immediately.
` Q So the result of it being challenged in
`inter partes re-examination was that you abandoned
`all rights to that patent?
` A Correct.
` Q The '248 patent that was also challenged
`in a re-examination, what's the status of that
`one, if you know?
` A Prosecution was reopened based on new
`grounds of rejection at the oral hearing at the
`PTAB, P-T-A-B.
` Q And is that still pending, to your
`knowledge?
` A It is.
` Q And what's the status of the inter partes
`review of your '948 patent, if you know?
` A That is in the early stages of being
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`Ex. 1033-0025
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`
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`Robert E. Morley, Jr.
`appealed to the fed circuit, I believe.
` Q And what decision is being appealed?
` A Some of the claims were found invalid and
`others were found valid. There's an appeal, I
`think, and a counter-appeal underway.
` Q So is it fair to say that you're familiar
`with the concept that patents can be invalidated
`after they've been granted by the patent office?
` MR. KIBLAWI: Object to the form.
` THE WITNESS: Correct.
`BY MR. GROSS:
` Q Okay. Let's go through some of the
`logistics. I'm going to hand you some of the
`documents that our reporter has been kind enough
`to premark for us so that we have them within easy
`grasp.
` I'm going to start, Dr. Morley, by
`handing you seven deposition notices, and they've
`been marked Exhibits 1 through 7. So bear with
`me, please.
` For the record, I've just handed you
`Exhibit Number 1 which is titled, Petitioner's
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`Ex. 1033-0026
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`
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`Robert E. Morley, Jr.
`notice of deposition of Robert E. Morley, Jr., on
`the first page. Do you see that, sir?
` A I do.
` Q And can you confirm for the record that
`this particular deposition notice pertains to case
`IPR 2015-01171?
` A It does.
` Q And this pertains to the Global Touch
`patent ending in number '726, correct?
` A Yes.
` Q I've now handed you a document that's
`been previously marked Exhibit Number 2. Do you
`have that in front of you, sir?
` A I do.
` Q Can you please confirm that this is also
`titled, Petitioner's notice of deposition of
`Robert E. Morley, Jr.?
` A Yes.
` Q And this pertains to case IPR 2015-01172,
`correct?
` A Correct.
` Q And Exhibit 2 pertains to U.S. patent
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`Ex. 1033-0027
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`
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`Robert E. Morley, Jr.
`number 7,498,749, correct?
` A Yes.
` Q I'm handing you Exhibit Number 3, sir.
`Do you have that in front of you?
` A I do.
` Q Would you identify it for the record,
`please?
` A It's notice of deposition for Robert E.
`Morley, Jr., on case IPR 2015-01173 relating to
`U.S. patent number 7,329,970.
` Q I've handed you Exhibit Number 4. Sir,
`could you please identify that for the record?
` A It is a notice of deposition of
`Robert E. Morley, Jr., on the case IPR 2015-01174
`concerning U.S. patent number 7,781,980.
` Q Thank you, Dr. Morley. Here's Exhibit
`Number 5. Would you please identify that for the
`record?
` A It's a notice of deposition of Robert E.
`Morley, Jr., for case IPR 2015-01175 regarding
`U.S. patent number 8,288,952.
` Q I'm handing you Exhibit Number 6, sir.
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`Ex. 1033-0028
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`
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`Robert E. Morley, Jr.
`Would you please identify that for the record?
` A It's a notice of deposition of Robert E.
`Morley, Jr., in case IPR 2015-01603 regarding U.S.
`patent number 7,498,749.
` Q And, finally, I've handed Exhibit
`Number 7. Would you please identify that for the
`record, sir?
` A Notice of deposition of Robert E. Morley,
`Jr., in case IPR 2015-01616 regarding U.S. patent
`number 7,265,494.
` Q Thank you. Now, you understand that each
`of those deposition notices pertains to an
`inter partes review proceeding challenging the
`validity of a Global Touch-owned patent, correct?
` A Correct.
` MR. KIBLAWI: Object to the form.
`BY MR. GROSS:
` Q Today we'll be discussing the
`declarations you submitted in connection with
`those inter partes reviews. Do you understand?
` A Yes.
` Q And you have, in fact, submitted a
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`Ex. 1033-0029
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`
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`Robert E. Morley, Jr.
`declaration expressing some opinions in each one
`of the proceedings that relates to Exhibits 1
`through 7, correct?
` A Yes.
` Q I'll be asking you questions today, and
`my colleague, Mr. McCammon, who represents
`Toshiba, will have some towards the end of the day
`as well. Do you understand?
` A Okay.
` Q And it was, I believe, last week that you
`testified in proceedings relating to these or
`similar -- let me withdraw that question. May I
`ask you a new one, please?
` A Sure.
` Q You testified last week in a deposition
`relating to a different set of inter partes review
`proceedings brought by Microsoft, correct?
` A Correct.
` Q And those proceedings also involved
`patents owned by Global Touch, right?
` A Correct.
` Q And you understand that your testimony
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`Ex. 1033-0030
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`
`
`Robert E. Morley, Jr.
`today is going to relate to the same patents that
`were at issue in those proceedings, right?
` A I believe so.
` Q Okay. Let's do some more exhibit work.
`I'd like to show you the declarations that you
`prepared in connection with these proceedings.
` Dr. Morley, I'm handing you an exhibit
`marked Number 8. Would you please take a look at
`it and then identify it for the record?
` A It's a declaration of Robert E. Morley,
`Jr., in the IPR 2015-01171 regarding patent number
`7,994,726.
` Q And take your time if you need to, but
`can you please confirm that that is, in fact, your
`complete signed declaration that you submitted in
`connection with the proceeding that ends in 1171?
` A I can confirm that my signature is on
`this document. I would have to make an assumption
`that what's in it is what I filed without reading
`through and comparing, just to be an engineer
`about things.
` Q Fair enough. You recognize your
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`Ex. 1033-0031
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`
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`Robert E. Morley, Jr.
`signature on the last page, right?
` A I do, yes.
` Q It certainly looks to be a copy of your
`declaration regarding the '726 patent, right?
` A It does.
` Q And you're prepared today to testify
`about that declaration?
` A I am.
` Q I'm handing you an exhibit marked
`Number 9. Do you have that in front of you, sir?
` A I do.
` Q Could you please identify Number 9 for
`the record?
` A Declaration of Robert E. Morley, Jr., in
`case IPR 2015-01172 regarding patent number
`7,498,749.
` Q Is that your signature on the last page,
`sir?
` A It is.
` Q That appears to be a copy of the
`declaration you submitted in connection with IPR
`2015-1172?
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`Ex. 1033-0032
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`Robert E. Morley, Jr.
` A With the same qualification as the other
`one.
` Q And you're prepared to testify about that
`declaration today, sir?
` A I am.
` Q Handing you an exhibit that's been marked
`Number 10. Do you have that in front of you, sir?
` A I do.
` Q Could you please identify it for the
`record?
` A Declaration of Robert E. Morley, Jr., in
`case IPR 2015-01173 regarding patent number
`7,329,970.
` Q Is that your signature on the last page,
`sir?
` A It is.
` Q Appears to be a complete and accurate
`copy of the declaration you submitted in
`connection with that IPR proceeding?
` A With the same qualification as the
`others.
` Q And you're prepared to testify about that
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`Ex. 1033-0033
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`Robert E. Morley, Jr.
`declaration today, sir?
` A I am.
` Q Handing you an exhibit that's been marked
`Number 11. Do you have that in front of you, sir?
` A I do.
` Q Would you please identify it for the
`record?
` A Declaration of Robert E. Morley, Jr., in
`case IPR 2015-01174 regarding patent number
`7,781,980.
` Q Is that your signature on the last page,
`sir?
` A It is.
` Q To the best of your knowledge, is this a
`complete and accurate copy of the declaration you
`prepared in connection with that IPR proceeding?
` A It is. With the same
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