`Conducted on June 30, 2016
`
`1 (Pages 1 to 4)
`
`APPEARANCES
`ON BEHALF OF THE PETITIONER:
`BRIAN A. TOLLEFSON, ESQUIRE
`SOUMYA P. PANDA, ESQUIRE
`ROTHWELL, FIGG, ERNST & MANBECK, P.C.
`607 14th Street, Northwest, Suite 800
`Washington, D.C. 20005
`(202) 783-6040
`
`ON BEHALF OF THE PATENT OWNER:
`JOSEPH A. RHOA, ESQUIRE
`NIXON & V ANDERHYE P.C.
`901 North Glebe Road, 11th Floor
`Arlington, Virginia 22203-1808
`(703) 816-4000
`
`ALSO PRESENT:
`Justin Burnam, Nixon Vanderhye
`
`3 lv
`lz
`I~
`li
`
`11
`I~
`
`I!
`I~ lc
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`1
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`LG ELECTRONICS, INC., and
`
`LG ELECTRONICS U.S.A., INC.,
`
`Petitioner
`
`v.
`
`TOSHIBA SAMSUNG STORAGE
`
`TECHNOLOGY KOREA CORPORATION,
`
`Patent Owner
`
`Case IPR2015-01653
`
`Patent RE43,106
`
`Deposition of MICHAEL STEPHEN LEBBY, PH.D.
`
`Arlington, Virginia
`
`Thursday, June 30, 2016
`
`9:03a.m.
`
`Job No. 115907
`
`Pages 1-212
`
`Reported by: Karen Young
`
`2
`
`Deposition of MICHAEL STEPHEN LEBBY, PH.D.,
`held at the offices of:
`NIXON & V ANDERHYE P.C.
`901 North Glebe Road, lith Floor
`Arlington, Virginia 22203-1808
`(703) 816-4000
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`16
`17
`
`18
`
`19
`
`2 0
`
`21
`
`2 2
`
`1
`2
`3
`
`4
`5
`6
`
`7
`
`8
`
`9
`10
`11
`Pursuant to notice, before Karen Young,
`12 Notary Public of the Commonwealth of Virginia
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`1
`
`2
`
`3
`
`4
`
`5
`6
`
`7
`
`8
`
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`4 I
`r~
`CONTENTS
`EXAMINATION OF MICHAEL STEPHEN LEBBY, PH.D. PAGE I'
`
`By Mr. Tollefson......................... 5
`
`By Mr. Rhoa .............................. 206
`
`By Mr. Tollefson ......................... 207
`
`I;
`
`EXHIBITS
`
`(No new exhibits were marked.)
`
`PREVIOUSLY MARKED
`
`Exhibit 1001 '106 reissued patent by Yoo et al 147
`
`Exhibit 1002 Document
`
`Exhibit 2002 Declaration
`
`180
`
`5
`
`LG EXHIBIT 1021
`
`LG Electronics, Inc. & LG Electronics U.S A., Inc.
`v.
`Toshiba Samsung Storage Technology Korea Corp.
`CASE IPR2015-01653
`
`PLANET DEPOS
`888.433.3767 I WWW.PLANETDEPOS.COM
`
`
`
`Deposition of Michael Stephen Lebby, Ph.D.
`Conducted on June 30, 2016
`
`5
`
` P R O C E E D I N G S
`
` MICHAEL STEPHEN LEBBY, PH.D.,
`
` having been duly sworn, was examined as follows:
`
` - - -
`
` EXAMINATION BY COUNSEL FOR THE PETITIONER
`
` BY MR. TOLLEFSON:
`
` Q Good morning.
`
` A Morning.
`
` Q Could you please state your full name for
`
` the record?
`
` A Michael Stephen Lebby. Stephen with a
`
` P-H.
`
` Q And could you please state your home
`
` address for the record?
`
` A 680 Mission Street, 24F, San Francisco,
`
` CA 94105.
`
` Q I'm handing you what's previously been
`
` marked Exhibit 2002 to IPR2015-01653. Do you
`
` recognize that document, Dr. Lebby?
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`2 (Pages 5 to 8)
`
`7
`
` routine. I'm going to refresh your memory on some
`
` of the processes and ground rules. So this -- this
`
` deposition is a cross examination based on the
`
` declaration that you've submitted in the IPR, and
`
` I'll be asking questions, and the court reporter
`
` will be writing down everything we say, so I'll do
`
` my best not to ask a question, while you're in the
`
` middle of the answer, I'll try not to interrupt
`
` you, and I ask that you wait until I finish my
`
` question before you answer. Is that okay?
`
` A That's fine.
`
` Q Okay. And since the printed record --
`
` there's no videotape here, the printed record is
`
` going to be used in the proceeding, I ask that you
`
` give audible answers, no uh-huhs and head nods,
`
` that they won't be recorded properly, so yeses and
`
` nos or -- or full sentence answers. Is that okay?
`
` A That's fine.
`
` Q Okay, good. Is there any reason such as
`
` A Yes, I do.
`
` Q Okay, and what is that document I just
`
` handed to you?
`
`6
`
` A That's my declaration.
`
` Q And this is the declaration that was
`
` submitted on behalf of Patent Owner Toshiba Samsung
`
` Storage Technology Korea Corporation in an IPR
`
` proceeding, correct?
`
` A That is correct.
`
` Q And you've been retained by the patent
`
` owner to assist in this matter?
`
` A That is correct.
`
` Q Dr. Lebby, have you ever been retained to
`
` perform any expert consultation work in an IPR
`
` proceeding before this current proceeding?
`
` A Yes, I have.
`
` Q About how many proceedings?
`
` A I don't recall exactly, but probably
`
` three to five.
`
` Q Have you ever had your deposition taken
`
` before?
`
` A Yes, I have.
`
` Q About how many times?
`
` A Twelve, plus or minus a few.
`
` Q Okay, great. Then you understand the
`
`20
`
`21
`
`22
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
` any medical conditions or any medicines or anything
`
` that you'd be on that would prevent you from
`
` answering truthfully and honestly today?
`
`8
`
` A No.
` Q Okay. And if I ask a question and you
` don't understand the question, I ask that you
` please let me know that, and if you answer a
` question, I'll have to assume that you understood
` the question, okay?
` A That's correct.
` Q Okay. If you could turn to page 16 of
` your declaration, Exhibit 2002, are you there,
` Dr. Lebby?
` A Yes, I'm there.
` Q Okay. Is that your signature on that
` page?
` A That certainly looks like my signature.
` Q Do you recall signing the declaration?
` A I recall signing a declaration a couple
` months ago, yes.
` Q Okay, and there's a date on that page.
` Do you see that date?
` A Date says the 5th of May 2016.
` Q Okay. Do you believe that you signed
` this declaration on May 5th, 2016?
`
`21
`
`22
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`
`
`Deposition of Michael Stephen Lebby, Ph.D.
`Conducted on June 30, 2016
`
`9
`
`3 (Pages 9 to 12)
`
`11
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
` A Yes.
`
` Q Okay. And if you could turn the page to
`
` the next page, which is -- appears to be page 1 of
`
` your resume, if you wouldn't mind, could you flip
`
` through that and confirm for me that that is your
`
` resume, Dr. Lebby?
`
` A Yes, I confirm this is my resume.
`
` Q Okay. Do you happen to know when this
`
` copy of the resume was last updated? Let me -- let
`
` me reask the question. I'm not asking about this
`
` exact copy. I mean the version of the resume
`
` that's attached to your declaration, can you let me
`
` know whether you recall the last time that was
`
` updated?
`
` A It was probably April or May this year.
`
` Q Are you aware of anything -- any
`
` inaccuracies in the resume that you'd like to
`
` correct?
`
` A Not at this time.
`
` Q Okay. Have you ever been engaged to work
`
` in -- excuse me, rephrase my question. Have you
`
` ever been engaged by Samsung in the past to provide
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
` consulting services?
`
` A I believe the answer's no.
`
` Q If I refer to Toshiba Samsung Storage
`
` Technology Corporation Korea as TSSTK, will that
`
` work for you for the deposition?
`
` A Yes.
`
` Q Okay, so when I say TSSTK, I mean the
`
` patent owner in this case. Prior to your
`
` engagement in this matter, IPR2015-01653, have you
`
` been asked or been engaged by TSSTK to provide
`
` expert consulting services?
`
` A No.
`
` Q When did you -- when were you engaged by
`
` TSSTK in this matter?
`
` A I believe it was the first quarter of
`
` this year, but I don't know exactly.
`
` Q Were you engaged by a law firm or were
`
` you engaged directly by TSSTK?
`
` A In this particular case, I believe it was
`
` a referral from the previous law firm that
`
` represented TSSK -- TSSTK.
`
` Q Do you remember the law firm?
`
`10
`
`12
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
` expert consulting services?
`
` A Yes, I have.
`
` Q And in connection with patent litigation?
`
` A Correct.
`
` Q Are those engagements listed in your
`
` resume?
`
` A Page 5 of my resume, looks like case 10,
`
` I represented Samsung as the respondent to Optical
`
` Devices, and also I believe page 4, case 4, I
`
` represented Samsung as a respondent for another ITC
`
` case.
`
` Q Are there any other engagements that
`
` you're aware of where you were asked to provide
`
` expert consulting services to Samsung?
`
` A I believe that is it.
`
` Q So there's no engagements that you're
`
` aware of where you provided expert services --
`
` expert consulting services to Samsung that are not
`
` listed in your resume?
`
` A That's correct.
`
` Q How about Toshiba? Have you ever been
`
` engaged by Toshiba before to provide expert
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
` A DLA Piper.
`
` Q So DLA Piper hired you?
`
` A Yes. Well, "hired" is an interesting
`
` term. I got approved, but there was no work until
`
` the law firm was changed.
`
` Q Okay. So you didn't begin working on
`
` your declaration until the law firm changed to
`
` current counsel?
`
` A That is correct.
`
` Q Do you have representation today? Are
`
` you being represented by a lawyer?
`
` A No, unless my counsel -- well, I don't
`
` understand the question. I mean, I don't have a
`
` personal lawyer, but I'm represented by my counsel
`
` here.
`
` Q Do you have an understanding whether Mr.
`
` Rhoa's representing you today for the purpose of
`
` this deposition?
`
` A Yes, he is.
`
` Q Are you paying Mr. Rhoa to represent you
`
` today in this deposition?
`
` A No.
`
`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`
`
`Deposition of Michael Stephen Lebby, Ph.D.
`Conducted on June 30, 2016
`
` Q Do you know who's paying Mr. Rhoa to
`
` represent you today?
`
` A I don't know the answer to that question.
`
` Q Were you asked to pay Mr. Rhoa for his
`
` time today?
`
` A No.
`
` Q Did you do anything to prepare for this
`
` deposition?
`
` A I read documents over the last two days.
`
` Q What documents did you review?
`
` A I don't know if I can list them by
`
`13
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
` memory, but certainly my declaration, and also my
`
`12
`
` counsel's declaration and petition on behalf of the
`
` patent owner. I also read the deposition of your
`
` expert, and I read the APA section of the '106
`
` patent, the '106 patent, and the '750 patent.
`
` Q Do you recall any more documents?
`
` A There was a couple of other documents,
`
` but I don't recall their titles.
`
` Q Do you recall whether they were patent
`
` documents or other kinds of documents?
`
` A No, they were legal documents.
`
` Q Did any of these legal documents refresh
`
` your memory as to anything that you may anticipate
`
`14
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`1
`
`2
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`1
`
`2
`
`4 (Pages 13 to 16)
`
`15
`
` this deposition today?
` A Yes, I had discussions with my counsel
` yesterday.
` Q About how long were your discussions with
` counsel yesterday?
` A The majority of the day yesterday.
` Q And what does that -- what does that
` mean, majority of the day?
` A From 9:00 a.m. to 4:00 p.m.
` Q Did you have any other discussions with
` counsel besides the ones that you had yesterday in
` preparation for this deposition?
` A No.
` Q And when you said someone showed you
` copies, who showed you copies of documents?
` A My counsel.
` Q And that was in the meeting yesterday?
` A Correct.
` Q Did you review any documents outside of
` your meeting yesterday in preparation for this
` deposition today?
` A Only last night and this morning.
`
` Q And the documents that you read last
`
` night and this morning -- do you recall which
`
`16
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
` testifying about today?
`
` A No.
`
` Q These legal documents -- were they big
`
` thick documents, legal documents?
`
` A I believe one of them was your expert's
`
` report, which I did not read in total, but I was
`
` certainly shown a copy of it, and I believe another
`
` one of the documents may have been an LG petition I
`
` believe.
`
` Q Okay, so when you said that you had read
`
` the petition on behalf of the patent owner, is it
`
` possible you meant to say the patent owner's reply?
`
` A It was filed by my counsel, yes, I
`
` believe it might be the right phrase.
`
` Q And then you also read the petition filed
`
` by LG that initiated the challenge against the
`
` patent in this IPR; is that right?
`
` A That's correct.
`
` Q Okay. Other than reading these
`
` documents, did you do anything else to prepare for
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
` documents those were?
`
` A My declaration, my counsel's petition,
`
` and the two patents in question.
`
` Q If you could turn back to page 4 of your
`
` resume, at the very top is a reference to a
`
` Ziptronix, Inc. V OmniVision Technologies, Inc. and
`
` some other companies. That's a description of a
`
` litigation where you were engaged to provide expert
`
` consulting services to Ziptronix; is that correct?
`
` A Yes.
`
` Q And the subject matter of the litigation
`
` was CMOS-based image sensor materials, devices,
`
` optics and products?
`
` A Correct.
`
` Q Is CMOS-based image sensor materials,
`
` devices, optics and products an area that you would
`
` consider yourself an expert in?
`
` A I believe so, yes.
`
` Q Is there -- do you recall precisely what
`
` the technology was? Like could you explain to me
`
`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`
`
`Deposition of Michael Stephen Lebby, Ph.D.
`Conducted on June 30, 2016
`
`17
`
`5 (Pages 17 to 20)
`
`19
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
` in more detail than this general description?
`
` A CMOS-based image sensor is typically you
`
` would see as a camera on a cell phone, so it's an
`
` array of photo detectors made out of silicon.
`
` Q Okay. Did it involve the actual sensor
`
` or did it involve the lens?
`
` A In this particular case it was the actual
`
` sensor that was made out of the silicon
`
` semiconductor.
`
` Q Did it have anything to do with focusing
`
` laser light on an optical disk?
`
` A In this particular case it did not use
`
` laser light.
`
` Q Okay. Item number 2 says testimony for
`
` U.S.-China Economic and security review commission
`
` on the optoelectronics industry. What was the
`
` subject matter of your statement?
`
` A The U.S. optoelectronics industry that
`
` encompasses all different types of optoelectronics,
`
` ranging from consumer optoelectronics to fiber
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
` optical storage area; is that --
`
` A Correct.
`
` Q What sort of work were you doing in the
`
` optical storage area?
`
` A Typically the association represents
`
` industry for work in government. And also at this
`
` time, we arranged workshops and conferences in the
`
` field, and we also did technical road maps or
`
` technology road maps of the field.
`
` Q And when you say we, are you referring to
`
` OIDA or are you referring to yourself?
`
` A I'm referring to both.
`
` Q Is there anything else you did in the
`
` optical storage area for OIDA?
`
` A We wrote monthly reports, we gave
`
` technical updates to the industry, so there's a lot
`
` of things that the industry association did.
`
` Q Okay. And these technical reports, or
`
` excuse me. These technical updates -- what sort of
`
` things in the optical storage area did you update
`
`21
`
`22
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
` optics displays. It's a very broad definition.
`
` the industry on?
`
` Q What is optoelectronics?
`
`22
`
` A Technologies such as laser diodes, some
`
`18
`
`20
`
` A Optoelectronics is the subject matter to
` do with both the optical and the electronics side
` of things in terms of devices and optics.
` Q Now, can you state a little bit more
`
` about that? I don't really understand what you
`
` mean, the optical and electronics sides of things
`
` in terms of devices and optics.
` A Part of the responsibilities of OIDA,
` which is the optoelectronics association that I
` worked for at that time, included work on optical
` storage, fiber optics, displays, optics in general,
` laser diodes, LEDs.
` Q So what kind of work did you do with
`
` optical storage at this time? Let me reask the
`
` question for you. So at this time, which is March
`
` 24th, 2009, you were working for the
`
` optoelectronics association; is that correct?
` A OIDA stands for Optoelectronics Industry
` Development Association.
` Q And you were working for OIDA?
` A Correct.
` Q And you said you were doing work in the
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
` of the optics that's used in the storage systems,
`
` photo detectors used in storage systems, even to
`
` the extent of forecasting disks, the growth of the
`
` industry, cost of DVDs, CD, Blu-ray type players,
`
` how many units were sold, who was buying the units,
`
` typical market data as well.
`
` Q Okay. Did you design products at that
`
` time?
`
` A OIDA is a trade association. It doesn't
`
` design products.
`
` Q Okay. So you -- at this time, you did
`
` not design products?
`
` A That is correct.
`
` Q So when you say you're updating the
`
` industry on all this sort of laundry list of
`
` things, did OIDA do research and then provide the
`
` industry results of the research?
`
` A That's correct.
`
` Q So what kind of research did you do in
`
` the optical storage area?
`
` A Looking at publications, talking to
`
` industry, talking to companies that produce these
`
`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`
`
`Deposition of Michael Stephen Lebby, Ph.D.
`Conducted on June 30, 2016
`
`21
`
`6 (Pages 21 to 24)
`
`23
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
` products.
`
` Q Do you remember the companies that you
`
` talked to at this time?
`
` A No, because there was -- there's many,
`
` probably in the hundreds of thousands.
`
` Q Do you remember talking to TSSTK at this
`
` time?
`
` A I don't recall.
`
` Q Do you remember talking to Samsung at
`
` this time?
`
` A That probably occurred.
`
` Q Probably? Do you remember who you would
`
` have talked to?
`
` A No.
`
` Q How about Toshiba? Do you remember
`
` talking to Toshiba at this time?
`
` A I don't recall, but I most likely talked
`
` to them.
`
` Q Do you remember who you would have talked
`
` to?
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
` typically. My role there was to look at VCSEL
`
` history, VCSEL patents, VCSEL publications in
`
` connection with this case.
`
` Q And you were hired to opine on the
`
` invalidity of those patents?
`
` A Yeah, this -- in this case, Finisar was
`
` the plaintiff and Optical Communication Products
`
` was the defendant.
`
` Q Okay, I'm a little confused. Were you --
`
` were you -- did you -- excuse me, rephrase that.
`
` In that case did you have an opinion about whether
`
` the patents were valid or invalid?
`
` A I certainly had opinions, and my
`
` understanding was the case was settled.
`
` Q Do you recall whether your opinions were
`
` that the patents were valid or were your opinions
`
` that they were invalid?
`
` A I don't recall that level of detail.
`
` Q Do you remember whether you were hired to
`
` prove or help prove that the patents were valid or
`
`21
`
`22
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
` A No.
`
` whether you were hired to prove or help prove that
`
` Q How about LG Electronics? Did you talk
`
`22
`
` the patents were invalid?
`
`22
`
`24
`
` --
` A Probably would have talked to them, but I
` don't recall anybody I talked to.
` Q How about Hitachi?
` A Probably talked to them. I don't recall
` anybody I talked to.
` Q How about lens manufacturers? Do you
`
` remember talking to any lens manufacturers at that
`
` time?
` A Yes, we did talk to lens manufacturers,
` but I don't recall any details.
` Q Okay, the next -- the next case on the
`
` list is this district court litigation, so number 3
`
` on page 4 of your resume, it says here that you
`
` worked as an invalidity expert on contested patents
`
` for plaintiff. Do you recall exactly what aspects
`
` of invalidity you worked on in that case?
` A Yes, it was to do with the VCSEL, which
` is a diode laser. That's V-C-S-E-L. It is -- it
` stands for vertical-cavity surface-emitting laser.
` It's a diode laser, and it can output wavelengths
` ranging from 600 nanometers to two microns
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
` A I think the truthful answer is probably
`
` both because Optical Communication Products had
`
` VCSEL and associated electronic circuitry patents,
`
` and Finisar had VCSELs and associated electronic
`
` circuitry patents.
`
` Q Do you recall whether the -- the issues
`
` related to what's called obviousness?
`
` A Sure, those issues came up.
`
` Q Okay, so you have an understanding of
`
` what obviousness is in the patent arena?
`
` A I believe I do.
`
` Q And then we get to case number 4 on your
`
` resume, which we previously discussed at a very
`
` high level. I think you said that you were hired
`
` on behalf of Samsung; is that correct?
`
` A I represented Samsung in this case, yes.
`
` Q Okay. Do you remember what the subject
`
` matter of the litigation was?
`
` A Subject matter from the ITC standpoint
`
` was called In the Matter of Certain Light-Emitting
`
` Diodes and Products Containing the Same.
`
` Q Yeah. I'm asking you if you recall what
`
`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`
`
`Deposition of Michael Stephen Lebby, Ph.D.
`Conducted on June 30, 2016
`
`25
`
` the subject matter of the litigation was, not the
`
` title of the litigation.
`
` A Subject matter was LEDs, LED materials,
`
` the optics associated with LEDs, the lenses
`
` associated with LEDs, and the packages those LEDs
`
` were put inside.
`
` Q What kind of lenses were associated with
`
` LEDs in this case?
`
` A In this case different types of lens
`
` materials that included both glass, plastic and
`
` silicon gel.
`
` Q Are there different kinds of lenses?
`
` A There are.
`
` Q In this case?
`
` A I don't recall all the details at this
`
` point.
`
` Q Okay. I mean, I asked you about
`
` different kinds of lenses, and you gave me the
`
` materials. Was the case about the materials of the
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`7 (Pages 25 to 28)
`
`27
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
` deposition?
`
` A Well, I was represented by at that time
`
` my counsel, which was Covington & Burling, who I
`
` believe represented Samsung.
`
` Q Do you remember if LG's attorneys
`
` attended that deposition?
`
` A I have no idea who they --
`
` Q So you have no recollection one way or
`
` the other whether they did.
`
` A No.
`
` Q Do you know whether or not you had any
`
` meetings with LG's attorneys?
`
` A I don't recall.
`
` Q Do you remember the results of the case?
`
` A Not in great detail. I believe my
`
` arguments certainly were approved, but then the
`
` final -- final decision out of the ITC was complex,
`
` so I didn't clearly fully understand all of it.
`
` Q Was it a patent matter?
`
` lenses or was the case about the types of lenses
`
` themselves, or can you help me out there?
`
` A The case was about OSRAM that had patents
`
`26
`
` that included LED designs, LED optics, LED lens
`
` designs and packages, and they were trying to
`
` prevent Samsung and LG from importing their
`
` products. I don't recall all the figures in the
`
` patents, but there were many different embodiments.
`
` Q And LG was a joint defendant in that
`
` case?
`
` A I believe so. I'm not sure how the legal
`
` situation was, but it was both Samsung and LG.
`
` Q Did you provide any sort of expert report
`
` in that case?
`
` A Yes, I did.
`
` Q Do you know if that expert report was
`
` relied upon by both defendants in that case?
`
` A I know it was relied upon by Samsung. I
`
` am not sure whether LG relied upon it or not.
`
` Q The description appears to suggest that
`
` you were deposed in that matter; is that correct?
`
` A That is correct.