MICHAEL C. BROGIOLI, Ph.D. 4/28/2016
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` UNITED STATES PATENT AND TRADEMARK OFFICE
` ------------------
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
` ------------------
` SONY COMPUTER ENTERTAINMENT AMERICA, LLC
` Petitioner
` V.
` ROTHSCHILD DIGITAL MEDIA INNOVATIONS, LLC
` Patent Owner
` ------------------
` Case No. IPR2015-01364
` Patent 6,101,534
`
`* * * * * * * * * * * * * * * * * * * * * * * * * * * *
`
`DEPOSITION OF: MICHAEL C. BROGIOLI, Ph.D.
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`DATE TAKEN: THURSDAY, APRIL 28, 2016
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`TIME: 9:20 A.M. - 5:20 P.M.
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`PLACE: 1395 BRICKELL AVENUE
` SUITE 700
` MIAMI, FLORIDA 33131
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`TAKEN BEFORE: LORA LEE KNORR, FPR, RPR
` AND NOTARY PUBLIC
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`www.midwestlitigation.com
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`MIDWEST LITIGATION SERVICES
`Phone: 1.800.280.3376
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`Fax: 314.644.1334
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`PETITIONER EX. 1016, Page 1
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`Page 1
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` UNITED STATES PATENT AND TRADEMARK OFFICE
` ------------------
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
` ------------------
` SONY COMPUTER ENTERTAINMENT AMERICA, LLC
` Petitioner
` V.
` ROTHSCHILD DIGITAL MEDIA INNOVATIONS, LLC
` Patent Owner
` ------------------
` Case No. IPR2015-01364
` Patent 6,101,534
`
`* * * * * * * * * * * * * * * * * * * * * * * * * * * *
`
`DEPOSITION OF: MICHAEL C. BROGIOLI, Ph.D.
`
`DATE TAKEN: THURSDAY, APRIL 28, 2016
`
`TIME: 9:20 A.M. - 5:20 P.M.
`
`PLACE: 1395 BRICKELL AVENUE
` SUITE 700
` MIAMI, FLORIDA 33131
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`TAKEN BEFORE: LORA LEE KNORR, FPR, RPR
` AND NOTARY PUBLIC
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`Fax: 314.644.1334
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`PETITIONER EX. 1016, Page 1
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` MICHAEL C. BROGIOLI, Ph.D. 4/28/2016
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`Page 2
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`APPEARANCES:
` ON BEHALF OF PATENT OWNER
` THOMAS K. LANDRY, ESQUIRE
` ADAM C. UNDERWOOD, ESQUIRE
` JOHN CAREY, ESQUIRE
` CAREY RODRIGUEZ O'KEEFE MILIAN GONYA, LLP
` 1395 Brickell Avenue
` Suite 700
` Miami, FL 33131
` E-mail: Tlandry@careyrodriguez.com
` Aunderwood@careyrodriguez.com
` Jcarey@careyrodriguez.com
`
` ON BEHALF OF THE PETITIONER:
`
` MARK LANG, ESQUIRE
` ABRAN KEAN, ESQUIRE
` ERISE IP, P.A.
` 6201 College Boulevard
` Suite 300
` Overland Park, KS 66211
` E-mail: Mark.lang@eriseip.com
` Abran.kean@eriseip.com
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`Fax: 314.644.1334
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`PETITIONER EX. 1016, Page 2
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` MICHAEL C. BROGIOLI, Ph.D. 4/28/2016
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` I N D E X
` EXAMINATION OF MICHAEL C. BROGIOLI, Ph.D.
` Cross Examination by Mr. Lang 4
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`Page 3
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` CERTIFICATE OF REPORTER 153
`
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` E X H I B I T S
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` PATENT OWNER'S EXHIBIT 2008
` (DECLARATION OF MICHAEL.C. BROGIOLI, PH.D) 30
` PETITIONER'S EXHIBIT 1004
` (UNITED STATES PATENT, BATCHELOR) 63
` PETITIONER'S EXHIBIT 1001
` (UNITED STATES PATENT, ROTHSCHILD) 80
` PETITIONER'S EXHIBIT 1005
` (UNITED STATES PATENT, MAGES, ET AL.) 125
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`Fax: 314.644.1334
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`PETITIONER EX. 1016, Page 3
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` MICHAEL C. BROGIOLI, Ph.D. 4/28/2016
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`Page 4
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` P R O C E E D I N G S
` - - -
` Deposition taken before Lora Lee Knorr,
`Registered Professional Reporter and Notary Public in and
`for the State of Florida at Large, in the above cause.
` - - -
`Thereupon,
` MICHAEL C. BROGIOLI, Ph.D.,
`was called as a witness by the Petitioner and having been
`first duly sworn, testified as follows:
` CROSS EXAMINATION
`BY MR. LANG:
` Q Good morning, Dr. Brogioli.
` A Good morning.
` Q My name is Mark Lang. I'll be taking your
`deposition today. Understand you're here today to testify
`regarding a Declaration you submitted in the matter of Sony
`Computer Entertainment America versus Rothschild Digital
`Media Innovations, LLC in an IPR proceeding?
` A That's my recollection, yes.
` Q And you're here today -- you're prepared to
`testify on your Declaration submitted in the matter?
` A Yes.
` Q I want to go over some ground rules briefly.
`You're been deposed before, correct?
`
`www.midwestlitigation.com
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`MIDWEST LITIGATION SERVICES
`Phone: 1.800.280.3376
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`Fax: 314.644.1334
`
`PETITIONER EX. 1016, Page 4
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` MICHAEL C. BROGIOLI, Ph.D. 4/28/2016
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`Page 5
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` A That is correct.
` Q Roughly how many times?
` A I would say 12 or so.
` Q So if I could just ask you to let me finish my
`question before you answer it, I would appreciate it. Do
`you understand that?
` A Yes.
` Q And all your of answers should be audible to the
`court reporter here, no head nodding, nothing like that.
`Do you understand that?
` A Sure.
` Q So you said you've been deposed about 12 times.
`Is that in a District Court litigation?
` A District Court and some ITC matters.
` Q Have you ever been deposed in an IPR before?
` A Yes.
` Q Okay. How many times?
` A I would say three, maybe three or four.
` Q Have you ever been deposed in a CBM?
` A Not that I'm aware of.
` Q Or a post grant review proceeding at the Patent
`Office?
` A Not that I think.
` Q And, so, you may or may not know this, but the
`rules regarding depositions in IPR proceedings are a little
`
`www.midwestlitigation.com
`
`MIDWEST LITIGATION SERVICES
`Phone: 1.800.280.3376
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`Fax: 314.644.1334
`
`PETITIONER EX. 1016, Page 5
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`Page 6
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` MICHAEL C. BROGIOLI, Ph.D. 4/28/2016
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`bit different than District Court and ITC, and by that I
`mean during breaks you're not allowed to talk substance
`with your counsel regarding your testimony. Are you aware
`of that?
` A Okay.
` Q You understand that?
` A That's my recollection.
` Q Okay. And how many times have you submitted
`expert declarations in a matter, be it District Court or
`IPRs?
` A Declarations and expert reports or just
`declarations?
` Q How about declarations.
` A Maybe ten.
` Q And then what about expert reports?
` A Maybe ten.
` Q Have you ever served as an expert for Rothschild
`Digital Media Innovations before this IPR?
` A No.
` Q Have you ever served as an expert for any
`entities related to Rothschild that you're aware of?
` A Not that I'm aware of.
` Q Have you ever worked with the attorneys at Carey
`Rodriguez before on a matter?
` A No.
`
`www.midwestlitigation.com
`
`MIDWEST LITIGATION SERVICES
`Phone: 1.800.280.3376
`
`Fax: 314.644.1334
`
`PETITIONER EX. 1016, Page 6
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` MICHAEL C. BROGIOLI, Ph.D. 4/28/2016
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`Page 7
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` Q Have you ever testified at trial?
` A Yes.
` Q About how many times have you done that?
` A One trial at the ITC.
` Q And when was that?
` A I believe the trial was January, February of
`2014.
` Q And about how long have you been serving as an
`expert?
` A I started doing consulting into space when I was
`in graduate school, probably 2004. I don't remember
`exactly what year I would have been classified as an expert
`versus doing general consulting.
` Q Was that consulting work in connection with
`litigation?
` A Yes.
` Q And what kind of work did that involve?
` A Early on it was mostly document review, reverse
`engineering, things like that.
` Q And, so, more of a technical consultant?
` A As I remember, yes.
` Q Was that your title, technical consultant?
` A Technical -- technical consultant or technical
`advisor, things of that nature.
` Q And were you working on your own at that time or
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`PETITIONER EX. 1016, Page 7
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` MICHAEL C. BROGIOLI, Ph.D. 4/28/2016
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`Page 8
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`were you working for a specific company back in that 2004
`time period?
` A Sure. So I was still with Rice, and I was -- I
`think the first time I did this sort of work was consulting
`with Fulbright and Jaworski in Houston.
` Q That was on an independent contractor basis?
` A Yes.
` Q What did you do to prepare for your deposition
`today?
` A I reviewed my Declaration, reference such as
`Batchelor and Mages predominantly.
` Q And did you review any others documents?
` A I looked at, as I recall, the Patent Owner's
`Petition, Declaration. I'm probably getting the title
`wrong.
` Q The Petitioner's Expert Declaration or --
` A The Patent Owner's Declaration I believe it was.
` Q You submitted the Patent Owner's Declaration.
`Was it the Patent Owner's response?
` A I think it was the response.
` Q Okay.
` A Sorry.
` Q Okay. Any other documents that you remember?
` A Those are the main ones I recall.
` Q Did you review the 534 Patent? You know what I
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`PETITIONER EX. 1016, Page 8
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` MICHAEL C. BROGIOLI, Ph.D. 4/28/2016
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`Page 9
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`mean when I say "534 Patent", correct?
` A That is the number for Rothschild, correct?
` Q Yes. And, just for the record, it's U.S. Patent
`Number 6101534, which I'll refer to as the 534 Patent if
`that's okay with you.
` A Okay.
` Q Did you review that in preparation for your
`Declaration?
` A In preparation for today.
` Q Yes, for today.
` A Yes, I did.
` Q And about how long did you spend reviewing these
`documents?
` A I reviewed them for a few days before arriving
`here in Miami, which was yesterday, and then continued
`review yesterday and some this morning.
` Q Approximately how many hours total would you say?
` A I would say maybe 20 to 25 maybe.
` Q And that's just reviewing the documents. So you
`spent 20 to 25 hours?
` A Revisiting. I would say revisiting the
`documents.
` Q So other than the Declaration in Batchelor or
`I'll call it Mages, the Patent Owner in response to the 534
`Patent, is there anything else you remember reviewing to
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`PETITIONER EX. 1016, Page 9
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` MICHAEL C. BROGIOLI, Ph.D. 4/28/2016
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`Page 10
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`prepare for your deposition today?
` A Not offhand. Those are the ones that I spent the
`majority of my time on.
` Q Did you meet with attorneys to prepare for your
`deposition?
` A We met yesterday.
` Q For approximately how long?
` MR. LANDRY: Objection, privilege.
` MR. LANG: Well, I think he can answer how
` long. I'm not asking about substance at all.
` THE WITNESS: Three, fours hours maybe.
` Q (By Mr. Lang) And that was yesterday?
` A Maybe a little less, yes.
` Q Did you discuss anything with the attorneys here
`prior to yesterday in preparation for this deposition like
`over the phone last week?
` A I don't think anything of substance, more just
`flight schedules and things of that nature.
` Q So you would have spent, preparing for your
`deposition, the 20 to 25 hours reviewing documents, plus
`the three to four with your attorney or with the attorneys;
`does that sound about right?
` A I think that's more or less correct.
` Q Who are you presently employed by?
` A So one is a company called Polymathic Consulting.
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`MIDWEST LITIGATION SERVICES
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`Fax: 314.644.1334
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`PETITIONER EX. 1016, Page 10
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` MICHAEL C. BROGIOLI, Ph.D. 4/28/2016
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`Page 11
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` Q And what is that company?
` A It's an engineering consulting company in Austin.
`The second would be Rice University.
` Q Polymathic, is that your company?
` A I was the one who started it, yes.
` Q Are you the President?
` A Managing Director I think is my title.
` Q And what do you do at Polymathic?
` A Things that are Polymathic are typically interim
`CTO let's say for early stage companies, consulting
`engagements similar to this, so things like intellectual
`property or trade secret. We've also worked with folks
`that are raising venture capital, things like that; and,
`for instance, if there's a merger and acquisition,
`diligence on different assets that may be required.
` Q And how many employees are there at Polymathic?
` A It varies over time. I would say probably a half
`a dozen or so right now.
` Q So are you here today as an employee or
`Polymathic or as the Managing Director of Polymathic?
` A I believe the Declaration is signed by my name
`personally, but I think the contracts may have a company
`name on it.
` Q So your engagement letter is by you via
`Polymathic with Carey Rodriguez?
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`MIDWEST LITIGATION SERVICES
`Phone: 1.800.280.3376
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`Fax: 314.644.1334
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`PETITIONER EX. 1016, Page 11
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` MICHAEL C. BROGIOLI, Ph.D. 4/28/2016
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`Page 12
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` A That's my recollection.
` Q And then you said you also work for Rice
`University or are employed by Rice University?
` A Correct.
` Q In what capacity?
` A I'm a professor in the Department of Computer --
`Electrical and Computer Engineering.
` Q Are you a full professor?
` A Adjunct.
` Q So how many courses do you teach at Rice
`University?
` A It varies. Typically I do graduate-level
`computer engineering, so hardware and software type things.
` Q And is it roughly like one course a semester or
`two courses a semester?
` A Never more than one a semester.
` Q Never more than one?
` A Right.
` Q Is it sometimes none?
` A Sometimes it is, especially if we are publishing
`a book or something like that. I typically won't teach a
`full class that semester.
` Q So I guess, if you can, what portion of your time
`is spent between Polymathic responsibilities and what
`portion is done doing Rice University?
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`www.midwestlitigation.com
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`MIDWEST LITIGATION SERVICES
`Phone: 1.800.280.3376
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`PETITIONER EX. 1016, Page 12
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` MICHAEL C. BROGIOLI, Ph.D. 4/28/2016
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`Page 13
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` A Sure. So there's other things outside of those
`two, but I would say Polymathic probably 50 percent, Rice
`10 to 20.
` Q And then what are the other things you
`referenced?
` A Publications. I'm on Board of a few different
`companies, things of that nature.
` Q What is Scout Island?
` A It is an early stage investment fund. So we do
`predominantly tech -- receive capital for tech companies.
` Q And is that another company that you started?
` A Yes.
` Q And do you spend a significant amount of time
`doing that as well?
` A A fair amount. It varies pretty widely.
` Q Just from week to week it will vary or month to
`month?
` A It could be 20 hours a week or it could be zero
`depending if we're on diligence on something or things of
`that nature.
` Q So is that different than Polymathic? Is it
`completely separate?
` A Yes.
` Q And they do different things?
` A Yes.
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`www.midwestlitigation.com
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`MIDWEST LITIGATION SERVICES
`Phone: 1.800.280.3376
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`Fax: 314.644.1334
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`PETITIONER EX. 1016, Page 13
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` MICHAEL C. BROGIOLI, Ph.D. 4/28/2016
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`Page 14
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` Q And is it just you at Scout Island?
` A Right now it is, yes.
` Q If you could just provide me a high-level
`overview of your educational background.
` A Sure. So I guess in chronological order I did
`undergrad in electrical engineering and electrical and
`computer engineering.
` Q Is that a BS?
` A BS, yes, and then did a masters in Ph.D. in
`electrical and computer engineering focusing on chip set
`design software, infrastructure and programming languages,
`programming tools.
` Q When did you get your BS in electrical
`engineering?
` A I believe I was done in '98, and then I stayed on
`for an extra semester and finished up in January of '99
`before starting grad school.
` Q So when did you receive your degree?
` A I guess the degree would be conferred, as I
`recall, '99.
` Q And where did you get that from?
` A Rensselaer Polytechnic.
` Q And when did you start at Rensselaer?
` A I believe it was fall of '93.
` Q When did you graduate high school?
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`Fax: 314.644.1334
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`PETITIONER EX. 1016, Page 14
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` MICHAEL C. BROGIOLI, Ph.D. 4/28/2016
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`Page 15
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` A 1993.
` Q Okay. So you went straight from high school to
`Rensselaer?
` A Correct.
` Q Did you start out as an EE major at Rensselaer?
` A I believe I started freshman year declaring EE.
` Q And did you stay EE the whole time or did you
`switch at all?
` A I stayed EE and graduated EE, and then I stayed
`on for an extra semester at the end to take additional
`computer science because I was headed more in the computer
`engineering direction for graduate school.
` Q Did you have any other -- earn any other bachelor
`degrees from Rensselaer?
` A No.
` Q Have you earned any bachelors degrees from any
`other institution?
` A No.
` Q Have you taken coursework at any other
`institutions other than Rensselaer, undergrad courses?
` A I did. It's probably highly irrelevant, but I
`think I did a half year internship as an undergrad, and
`during that time took my humanities and social sciences
`classes at I think it was Clark University in Worcester,
`Massachusetts.
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`www.midwestlitigation.com
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`MIDWEST LITIGATION SERVICES
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`Fax: 314.644.1334
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`PETITIONER EX. 1016, Page 15
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` MICHAEL C. BROGIOLI, Ph.D. 4/28/2016
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`Page 16
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` Q What was the reason for you going to Clark?
` A I just went there at night to take -- knock those
`credits out so that I had more time to take additional
`engineering classes when I got back from the internship.
` Q And what was the internship?
` A It was in -- it should be on my CV, but it was, I
`believe, in fault tolerant high-performance computing.
` Q And when did you have that internship?
` A I believe from January of '97 through December of
`'97, and then, as I recall, they wanted me to come back in
`June of '98 until maybe August of 98.
` Q And did you do that in that summer of '98?
` A I recall that I did go back there that summer.
` Q So I guess is this internship -- I just noticed
`you started Rensselaer in '93 and graduated '99. It sounds
`like you were done in '98, but it sounds like there's a
`five-year span. Did that internship delay the graduation a
`little bit?
` A Yeah, that's correct. It was -- I believe they
`called it a co-op, so it was really longer than an
`internship kind of thing.
` Q Did you get credit for that?
` A As I recall, I did.
` Q At Rensselaer?
` A Yes.
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`PETITIONER EX. 1016, Page 16
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` Q In receiving for your BS in electrical
`engineering, did you have any concentrations or were you on
`a particular track?
` A I don't know -- from the eyes of the university
`I don't know if I was officially on a particular track.
` Q How about from your eyes?
` A Things in the area of microprocessors, embedded
`computing, I had done -- spent a lot of time doing engine
`control and transmission control for electric cars, that
`kind of thing.
` Q So did you take a lot of coursework specific to
`that kind of -- I don't want to call it concentration, but
`review.
` A Right. So as time went on towards the latter
`years of my undergrad, I was more in the computing space
`versus circuit design and software programming language,
`kind of moving more in that direction.
` Q Moving more into the computing space direction?
` A Correct.
` Q And what do you mean by computing space?
` A So more in the area of how chips work, how
`software works. It was starting to head in the direction
`where ultimately my Ph.D. work would start to focus.
` Q And I believe you said you went from one space to
`the computing space. What was the one you kind of drifted
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`PETITIONER EX. 1016, Page 17
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` MICHAEL C. BROGIOLI, Ph.D. 4/28/2016
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`away from?
` A Just the general core classes.
` Q And the would just be like -- what kind of
`courses would those be, I guess the general core classes
`for electrical engineering?
` A So core being calculus, physics, things like that
`and moving away from things like -- I don't know -- robotic
`control systems or sometime like that or power engineering.
` Q Were there any like general core classes that you
`took that were just -- that everyone in EE takes?
` A Sure.
` Q And what kind of classes would those be?
` A Three or four calculus classes, some -- maybe a
`year's worth of chemistry, three or four semesters of
`physics, those kinds of things that everyone seems to take.
` Q Are those things that you typically do at the
`front end of the degree of your time there or is it
`scattered throughout?
` A It's typically done at the front end at most
`universities.
` Q And what are the early -- I'm going to call them
`computing classes that you would have taken at Rensselaer?
` A Typically an undergrad takes things like circuit
`design or digital circuit design, and then you may take
`logic design, the Hennessey and Paterson books and things
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`Fax: 314.644.1334
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`PETITIONER EX. 1016, Page 18
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` MICHAEL C. BROGIOLI, Ph.D. 4/28/2016
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`Page 19
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`like that.
` Q Anything else that would have been in that
`undergrad that was common to everyone who was going through
`EE?
` A I don't even know that the logic design would be
`common to everyone, but I would think most people, but I
`think that's probably you're jumping off point.
` Q And, so, your coursework later mainly dealt with
`chip design, is that right, or is that narrowing it a
`little too much?
` A I would say the last year or so, two years of
`undergrad was digital circuits, microprocessor design,
`building computer systems sort of from the ground up,
`computer architecture, programming languages, data
`structures, that kind of thing.
` Q What kind of programming languages are you
`familiar with?
` A A number of them.
` Q Like can you give me some examples? If I told
`you to list them, how long would it take?
` A You know, I'll start and see if it's good enough.
` Q Just do the main ones.
` A So C, C++, Java, machine code assembly. I ran a
`programming languages team in the industry for four or five
`years.
`
`www.midwestlitigation.com
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`MIDWEST LITIGATION SERVICES
`Phone: 1.800.280.3376
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`Fax: 314.644.1334
`
`PETITIONER EX. 1016, Page 19
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` MICHAEL C. BROGIOLI, Ph.D. 4/28/2016
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`Page 20
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` Q And when was that?
` A I think I was up at that company until 2011 I
`would say.
` Q So that would have been after you got your Ph.D.?
` A Correct.
` Q You said C++, right?
` A Sure.
` Q And Fortran?
` A I haven't programmed a lot in Fortran, but a lot
`of the high performance optimization classes I took and
`work I did was around Fortran 90 I think.
` Q Python?
` A I programmed in Python, yes.
` Q Pascal?
` A A long time ago, very early '90s in high school.
` Q So in high school you programmed Pascal?
` A Yeah.
` Q Did you take computer classes or was that more of
`a hobby?
` A I took classes programming language from '91
`through whenever, I guess -- well, maybe into through when
`I graduated high school.
` Q While you were at Rensselaer, did you take any
`courses related to distributed systems?
` A Let me think. I don't know that I took courses
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`MIDWEST LITIGATION SERVICES
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`Fax: 314.644.1334
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`PETITIONER EX. 1016, Page 20
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` MICHAEL C. BROGIOLI, Ph.D. 4/28/2016
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`Page 21
`with distributed systems specifically as the title. There
`were things we did to probably compute architecture and
`some com sci classes that I took in undergrad.
` Q And would those have been common to all the EE
`people?
` A No.
` Q That would have been something you specifically
`took.
` A I think so, yes.
` Q And would it be the same type of answer with
`respect to networking, it would have just been weaved into
`other courses or is there a specific course that you took?
` A I don't recall taking a specific course in
`computer networking during that time period.
` Q Do you recall learning about it?
` A Yes.
` Q And what course would that have been in or what
`context?
` A Certainly during my work at this fault, not on a
`computing company, where it was global switching networks
`for financial systems or things of that nature, and then I
`had built -- I believe I had mentioned the electric car
`work. I built wireless telemetry networking systems so
`that we could do -- it was cars going around a track.
`You're doing data logging in the pits and things like that
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`MIDWEST LITIGATION SERVICES
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`Fax: 314.644.1334
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`PETITIONER EX. 1016, Page 21
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` MICHAEL C. BROGIOLI, Ph.D. 4/28/2016
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`Page 22
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`and logging on a server, that kind of thing.
` Q So it would have been data from the car going to
`a server somewhere on a track probably or how did that
`work?
` A Basically there was multiple -- well, there was
`actually a network on the car itself because it has a dozen
`microprocessors, braking control, engine control, things
`like that and that data being wirelessly broadcast back to,
`I guess, the pit you would call it where you're doing data
`logging and analytics on what's happening in the car
`realtime and so forth.
` Q And how was that transmitted to the server I
`guess?
` A I don't recall the specific details at this time.
`It was wireless packet technology.
` Q And the time frame of that auto work what was?
` A My involvement I would say '96, '97 time frame.
` Q And was that part of a course network or was that
`another internship?
` A So I believe it was a -- it was credit, and I
`think it was classified as an elective course for you to
`take the credits of two courses or something like that if I
`remember. It was one of those ongoing engineering design
`projects over the years.
` Q When would you say you entered the computer
`
`www.midwestlitigation.com
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`MIDWEST LITIGATION SERVICES
`Phone: 1.800.280.3376
`
`Fax: 314.644.1334
`
`PETITIONER EX. 1016, Page 22
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` MICHAEL C. BROGIOLI, Ph.D. 4/28/2016
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`Page 23
`
`industry?
` A I would say probably starting in '97 would be the
`first official paycheck coming from a computing industry
`job.
` Q And would that have been your internship?
` A The one at Stratus Computer, yes.
` Q Okay. So this isn't -- is this the fault
`tolerant internship?
` A Yes.
` Q It was at Stratus?
` A Yes.
` Q And you received a paycheck there?
` A Yes.
` Q And about how long did you work at Stratus again?
` A The first stint was eight months, and then I
`think they offered me a full-time job, and I turned them
`down and then went back again for a few months the
`following summer as we discussed.
` Q And that was during your undergraduate degree; is
`that right?
` A That's correct.
` Q Did you have any other internships other than
`Stratus during your undergrad?
` A Not that I recall.
` Q So you graduated with or you received your
`
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`MIDWEST LITIGATION SERVICES
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`Fax: 314.644.1334
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` MICHAEL C. BROGIOLI, Ph.D. 4/28/2016
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`bachelors in January '99. Did you go directly into your
`masters program after that?
` A So I finished undergraduate in '99, and then
`wasn't starting Ph.D. program until fall of '99. They only
`started once a year, and I spent the interim time as a lead
`developer at a third party -- I probably have to clarify
`this -- a third-party development company for Nintendo.
` Q So a gaming company.
` A A gaming company.
` Q That Nintendo contracted to develop a game, is
`that how it worked?
` A That was my understanding at the time pretty
`much.
` Q What was the name of that company?
` A It was called Vicarious Visions. They're now a
`part of Activision.
` Q What was the game or were there multiple?
` A The game -- I developed a bunch of developer
`tools and prototypes, but the game they actually shipped
`was AMF Extreme Bowling.
` Q Sounds like fun.
` A Yes, it's a blast.
` Q So you started your masters program in roughly
`August of '99, September of 1999?
` A I believe it was August of '99.
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`Fax: 314.644.1334
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` MICHAEL C. BROGIOLI, Ph.D. 4/28/2016
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` Q And when did you finish that?
` A So the masters sort of seamlessly goes into the
`Ph.D., but I think I defended my masters in '03.
` Q So were you doing Ph.D. coursework in the
`meantime leading up to the defense?
` A Yeah, it was a mix of masters and Ph.D. things
`leading up to the masters and then sort of defending it,
`and then the next day you're sort of now classified in a
`different group really moving towards the Ph.D.
` Q So you received your masters in 2003.
` A That's my recollection.
` Q And your Ph.D. would have been in what year?
` A I think it was in '07. I believe it was in '07.
` Q And during your masters or your Ph.D., did you do
`any internships then or were you solely focused on your
`course work?
` A So after Vicarious Visions I did work at Intel
`Research in 2000 I believe on programming language design
`and high-performance computing I guess, and then 2005 I was
`at Texas Instruments Research working on chip design
`simulation and software simulation and things like that.
` Q What was the focus of your masters?
` A It was at a high level trying to make memory
`systems and more power vision.
` Q And did your Ph.D. just fall on that type of
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`Fax: 314.644.1334
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`thing or did you start something a little different?
` A I moved directions. So my Ph.D. was more in
`system on chip design and programming language optimization
`and how do you design a chip as driven by the application
`it's going to run on I guess.
` Back to the intern question, in undergrad I also
`was getting a paycheck from the University for teaching
`undergraduate digital microelectronics I think as well.
` Q And you taught that to other undergrads?
` A It was -- yeah, I think I was a senior, and it
`was a junior or senior lev
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