Ira Marlowe - December 22, 2016
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`Page 1
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` UNITED STATES PATENT AND TRADEMARK OFFICE
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
` _________________________________
`
` TOYOTA MOTOR CORPORATION, )
`
` Petitioner, )
`
` ) Case
`
` vs. ) IPR2016-00418
`
` ) Patent 8,155,342
`
` BLITZSAFE TEXAS, LLC, )
`
` Patent Owner. )
`
`_________________________________)
`
` VIDEOTAPED DEPOSITION OF IRA MARLOWE
`
` New York, New York
`
` Thursday, December 22, 2016
`
` Reported by:
`
` Jeremy Frank, MPM
`
`GregoryEdwards, LLC | Worldwide Court Reporting
`GregoryEdwards.com | 866-4Team GE
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`TOYOTA Ex. 1026
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`
`
`Page 1
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` UNITED STATES PATENT AND TRADEMARK OFFICE
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
` _________________________________
`
` TOYOTA MOTOR CORPORATION, )
`
` Petitioner, )
`
` ) Case
`
` vs. ) IPR2016-00418
`
` ) Patent 8,155,342
`
` BLITZSAFE TEXAS, LLC, )
`
` Patent Owner. )
`
`_________________________________)
`
` VIDEOTAPED DEPOSITION OF IRA MARLOWE
`
` New York, New York
`
` Thursday, December 22, 2016
`
` Reported by:
`
` Jeremy Frank, MPM
`
`GregoryEdwards, LLC | Worldwide Court Reporting
`GregoryEdwards.com | 866-4Team GE
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`TOYOTA Ex. 1026
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`
`
`Ira Marlowe - December 22, 2016
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`Page 2
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` December 22, 2016
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` 2:38 p.m.
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` Deposition of IRA MARLOWE, held at the
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` offices of Brown Rudnick, LLP, 7 Times Square,
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` New York, New York, pursuant to Notice, before
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` Jeremy Frank, a Notary Public of the State of
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` New York.
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`Ira Marlowe - December 22, 2016
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`Page 3
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` A P P E A R A N C E S:
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` SUGHRUE MION, PLLC
`
` Attorneys for Petitioner
`
` 2100 Pennsylvania Avenue, NW
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` Washington, DC 20037
`
` BY: WILLIAM H. MANDIR, ESQ.
`
` WMandir@sughrue.com
`
` (202) 663-7959
`
` MARGARET M. WELSH, ESQ.
`
` MWelsh@sughrue.com
`
` (202) 663-7395
`
` BROWN RUDNICK LLP
`
` Attorneys for Patent Owner
`
` Seven Times Square
`
` New York, NY 10036
`
` BY: PETER LAMBRIANAKOS, ESQ.
`
` PLambrianakos@brownrudnick.com
`
` (212) 209-4813
`
` ALSO PRESENT:
`
` JOSE RIVERA, videographer
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`GregoryEdwards, LLC | Worldwide Court Reporting
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`Ira Marlowe - December 22, 2016
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`Page 4
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` IT IS HEREBY STIPULATED AND AGREED, by
`
` and between counsel for the respective
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` parties hereto, that the filing, sealing and
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` certification of the within deposition shall
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` be and the same are hereby waived;
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` IT IS FURTHER STIPULATED AND AGREED that
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` all objections, except as to the form of the
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` question, shall be reserved to the time of the
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` trial;
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` IT IS FURTHER STIPULATED AND AGREED that
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` the within deposition may be signed before any
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` Notary Public with the same force and effect
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` as if signed and sworn to before the Court.
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`Ira Marlowe - December 22, 2016
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`Page 5
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` THE VIDEOGRAPHER: Here begins
`
` media unit number one, volume one in the
`
` deposition of Ira Marlowe in the matter
`
` of Toyota Motor Corp versus Blitzsafe
`
` Texas, LLC. Today's date is December
`
` 22nd, 2016, the time is 2:38 p.m. This
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` deposition is being taken at Brown
`
` Rudnick LLP, Seven Times Square, New
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` York, New York. I'm Jose Rivera, the
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` videographer, the court reporter is
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` Jeremy Frank from Gregory Edwards, LLC.
`
` Will counsel please identify
`
` yourselves and state whom you represent.
`
` MR. MANDIR: William Mandir for the
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` petitioner, Toyota Motor Corp, and with
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` me is Margaret Welsh also from Sughrue
`
` Mion in Washington D.C.
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` MR. LAMBRIANAKOS: Peter Lambria-
`
` nakos of Brown Rudnick on behalf of the
`
` patent owner, Blitzsafe Texas, LLC.
`
` THE VIDEOGRAPHER: Now will the
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` court reporter please swear in the
`
` witness.
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`Ira Marlowe - December 22, 2016
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`Page 6
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` Marlowe
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` I R A M A R L O W E, called as a witness,
`
` having been duly sworn by a Notary Public, was
`
` examined and testified as follows:
`
` EXAMINATION BY
`
` MR. MANDIR:
`
` Q. Good afternoon, Mr. Marlowe.
`
` A. Good afternoon.
`
` MR. MANDIR: I'm going to hand you
`
` what the court reporter has marked as
`
` Exhibit 1.
`
` (Marlowe 1, Petitioner's notice of
`
` deposition of Ira Marlowe, marked for
`
` identification, as of this date.)
`
` Q. Take a look at that. I'm not sure
`
` if you have seen this document before, it is
`
` just recently served.
`
` A. I am not sure if I did.
`
` Q. You understand you're here today
`
` to give a deposition in connection with an
`
` Interparty Review that Toyota filed for
`
` Blitzsafe Texas, LLC, patent 818155342.
`
` A. I do.
`
` MR. MANDIR: I'll mark another
`
` exhibit.
`
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`
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`Ira Marlowe - December 22, 2016
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`Page 7
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` Marlowe
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` (Marlowe 2, Declaration of Ira
`
` Marlowe, marked for identification, as of
`
` this date.)
`
` Q. Mr. Marlowe, the court reporter
`
` has handed you what's been marked as
`
` Exhibit 2. The front page of the Exhibit 2
`
` has the title Declaration of Ira Marlowe. If
`
` you could, for a moment, take a look at the
`
` document, please.
`
` A. Okay.
`
` Q. Okay.
`
` Before I start asking you some
`
` questions about Exhibit 2, let me just ask
`
` you, is there any reason that you can't give
`
` your best testimony today?
`
` A. No.
`
` Q. Are you on any medication that
`
` would affect your testimony?
`
` A. No.
`
` Q. Thanks.
`
` So Exhibit 2 that you have in
`
` front of you, can you turn to the last page,
`
` page seven.
`
` A. Yes.
`
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`Ira Marlowe - December 22, 2016
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`Page 8
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` Marlowe
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` Q. Is that your signature?
`
` A. It is.
`
` Q. Did you prepare this document?
`
` A. It was prepared by my attorneys.
`
` Q. Who was that?
`
` A. Fred Fabricant, Brown Rudnick.
`
` Q. Anyone other than Mr. Fabricant?
`
` THE COURT REPORTER: No?
`
` A. I have no idea.
`
` Q. You have to say yes or no for the
`
` court reporter so he can get it down.
`
` Mr. Fabricant gave this to you as
`
` a draft; is that right?
`
` MR. LAMBRIANAKOS: Object to the
`
` form.
`
` A. I don't know if he gave it to me
`
` as a draft, but ultimately this is what it is
`
` and I signed it.
`
` Q. Did you, when you received this
`
` document from Mr. Fabricant did you make any
`
` changes?
`
` A. I don't recall if I did.
`
` Q. Did you talk to Mr. Fabricant
`
` before he sent this document to you about this
`
`GregoryEdwards, LLC | Worldwide Court Reporting
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`Ira Marlowe - December 22, 2016
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`Page 9
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` document?
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` MR. LAMBRIANAKOS: Objection, I
`
` caution the witness not to reveal the
`
` content of any attorney/client
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` communications.
`
` MR. MANDIR: It calls for a yes or
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` no answer.
`
` A. Would you repeat your question?
`
` MR. MANDIR: Can you go ahead and
`
` read it back, please.
`
` (Whereupon the aforementioned
`
` testimony was read back by the Court
`
` Reporter.)
`
` A. Yes.
`
` Q. If you look at page seven, this
`
` document was signed by you on September 30th,
`
` 2016.
`
` Do you see that?
`
` A. Yes.
`
` Q. When did you talk to Mr. Fabricant
`
` about this declaration the first time that you
`
` talked to him?
`
` A. I don't recall but it would be
`
` prior to my signing.
`
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`
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`Ira Marlowe - December 22, 2016
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`Page 10
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` Q. Do you know how much farther
`
` before the signing?
`
` A. I don't recall.
`
` Q. You understand this declaration
`
` was submitted in connection with the
`
` Interparty's Review that Toyota filed against
`
` what I'll call the '342 patent?
`
` A. Yes.
`
` Q. Let me point to paragraph one of
`
` your declaration, it is on page two of
`
` Exhibit 2. I'll just read paragraph one.
`
` "I am the named inventor of U.S.
`
` patent number 8155342 (the '342 Patent)."
`
` What do you mean by the named inventor?
`
` A. I'm the inventor.
`
` Q. It says named inventor, what does
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` that mean to you?
`
` A. I am not an attorney for, I don't
`
` know whether that has a legal significance.
`
` Q. You didn't ask Mr. Fabricant about
`
` what that meant before you signed this
`
` document?
`
` A. No.
`
` Q. Are you the actual inventor of the
`
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`Ira Marlowe - December 22, 2016
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`Page 11
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` Marlowe
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` '342 patent?
`
` A. Yes.
`
` MR. MANDIR: Let's mark this.
`
` (Marlowe 3, US Patent ending in
`
` '342, marked for identification, as of
`
` this date.)
`
` A. It is possible --
`
` THE COURT REPORTER: Hold on a
`
` second.
`
` MR. MANDIR: We can go off the
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` record if he has a question.
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` THE VIDEOGRAPHER: Going off the
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` record.
`
` The time is 2:46.
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` (Marlowe 4, US patent ending in
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` '434, marked for identification, as of
`
` this date.)
`
` THE VIDEOGRAPHER: The time is
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` 2:50 p.m.
`
` We are back on the record.
`
` Q. If you turn, Mr. Marlowe, to
`
` paragraph two of your declaration, on page two
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` it indicates that you are the named inventor,
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` and then there is three patent applications
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`Ira Marlowe - December 22, 2016
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`Page 12
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` Marlowe
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` that are identified to which the '342 patent
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` claims priority.
`
` Do you see that paragraph?
`
` A. I do.
`
` Q. And are you the inventor of the
`
` subject matter of those three U.S. patent
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` applications?
`
` A. I am.
`
` Q. In paragraph three you indicate
`
` that you have been the CEO and president of
`
` Blitzsafe since the early 1980s.
`
` Is that right?
`
` A. Yes.
`
` Q. Blitzsafe, that's not Blitzsafe
`
` LLC though, right? I'm sorry, Blitzsafe
`
` Texas, LLC?
`
` A. That is Blitzsafe of America and
`
` I'm the same for Blitzsafe.
`
` Q. Okay.
`
` Are you the CEO and president of
`
` Blitzsafe Texas, LLC?
`
` A. Yes.
`
` Q. What were you doing before you
`
` were at, before you started at Blitzsafe of
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`Ira Marlowe - December 22, 2016
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`Page 13
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` Marlowe
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` America, is it Blitzsafe of America or
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` Blitzsafe America?
`
` A. No, Blitzsafe of America.
`
` Q. Thank you.
`
` A. I had several businesses.
`
` Q. In what area?
`
` A. Computer software, in the shoe
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` business.
`
` Q. The computer, was that computer
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` company that you had before?
`
` A. Software company.
`
` Q. What kind of software did that
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` company deal with?
`
` A. We developed inventory control
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` systems for retail and apparel stores.
`
` Q. What was name of the company?
`
` A. International Software Technology.
`
` Q. What was your position at
`
` International Software Technology?
`
` A. The principal.
`
` Q. Any other companies in, that you
`
` would consider to be in the technology area?
`
` A. I have a company called Rapid
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` Acquisition Targeting Systems.
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`
`
`Ira Marlowe - December 22, 2016
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`Page 14
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` Q. Is that presently, you have that
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` company?
`
` A. Yes.
`
` Q. What does that company do?
`
` A. We manufacture laser sighting
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` systems for military and police firearms.
`
` Q. Anything else in the technology
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` area?
`
` A. That's it.
`
` Q. Turning to paragraph four, still
`
` on page two of your declaration, it indicates
`
` that you been working in the field of car
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` audio/video interfaces since the 1990s. That
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` you have invented many types of interfaces
`
` that connect aftermarket devices to car audio
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` and video systems, and several of those are
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` described in the '786 patent, '342 as well as
`
` these, I guess the three patent applications
`
` listed in paragraph two.
`
` Is that correct?
`
` A. Yes, it is.
`
` Q. From my reading of paragraph four
`
` it sounds like you have an invention related
`
` to interfaces other than what is described in
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`
`
`Ira Marlowe - December 22, 2016
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`Page 15
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` Marlowe
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` the '786 and the '342 patent and the three
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` patent applications listed in paragraph two.
`
` Is that a fair understanding of
`
` that paragraph?
`
` A. Yes.
`
` Q. Do you have patents on any other
`
` interfaces?
`
` A. Outside the scope of the patents?
`
` Q. Just any patent related to
`
` interfaces that connect aftermarket devices to
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` car, audio/video systems?
`
` A. '786 and '342, there is some
`
` European patents, Asian patents and South
`
` African patents.
`
` Q. How about any other U.S. patents
`
` other than '342 and '786?
`
` A. Well, there are patent applica-
`
` tions that, other than these two patents.
`
` Q. Okay.
`
` Are these other patent applica-
`
` tions, are they the three patent applications
`
` listed in paragraph two of your declaration?
`
` MR. LAMBRIANAKOS: Object to the
`
` form.
`
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`
`
`
`Ira Marlowe - December 22, 2016
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`Page 16
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` A. I think that would be them, it may
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` be others, I'm not sure.
`
` Q. You think there may be other
`
` patent applications that you filed in the U.S.
`
` Patent Office related to interfaces other than
`
` the three listed in paragraph two and the
`
` patent applications issued as the '786 and
`
` '342 patents?
`
` A. Well, we are looking at
`
` application numbers that I'm really not
`
` familiar with, I, although I'm familiar with
`
` the '786 patent because it is specifically
`
` listing the patent. The application numbers
`
` I'm not real sure, but if you went to the PTO
`
` site, you would see it.
`
` Q. In paragraph two you indicate that
`
` these three patent applications listed there
`
` are patent applications to which the '342
`
` patent claims priority.
`
` Do you see that?
`
` A. Yes.
`
` Q. You understand those patent
`
` applications are in a chain that ultimately
`
` led up to the '342 patent, correct?
`
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`
`
`
`Ira Marlowe - December 22, 2016
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`Page 17
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` MR. LAMBRIANAKOS: Objection,
`
` foundation.
`
` A. Yes, they are CIP's.
`
` Q. As you testified previously you're
`
` the inventor of these three patent applica-
`
` tions, correct?
`
` A. Yes.
`
` Q. And you're the CEO and president
`
` of Blitzsafe of Amreica who filed these patent
`
` applications, authorized them anyway, right?
`
` A. Yes.
`
` MR. LAMBRIANAKOS: Objection.
`
` Q. So I guess again coming back to
`
` paragraph four, as I was previously reading
`
` paragraph four I got the impression you may
`
` have other U.S. patent applications directed
`
` to interfaces other than the application that
`
` issues at '786, the application issued at '342
`
` and the three patent applications listed in
`
` paragraph two of your declaration.
`
` Is that a fair understanding?
`
` MR. LAMBRIANAKOS: Objection,
`
` foundation.
`
` A. I would have to go to the PTO site
`
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`
`
`
`Ira Marlowe - December 22, 2016
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`Page 18
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` to see what is up there, and then look at
`
` these numbers and compare this maybe in its
`
` entirety.
`
` Q. As you sit here today you don't
`
` recall any other patent applications other
`
` than the three listed in paragraph two and the
`
` applications that issued as '786 and the '342
`
` patent.
`
` Is that correct?
`
` A. I would have to go up to the site
`
` and just familiarize myself with it.
`
` Q. Right.
`
` My question is just as you sit
`
` here today, do you recall any other patent
`
` applications?
`
` MR. LAMBRIANAKOS: Objection, asked
`
` and answered.
`
` A. The same answer.
`
` Q. Is the answer that you don't
`
` remember?
`
` A. I would have to go to the PTO site
`
` and review it.
`
` Q. Can you look at paragraph five of
`
` your declaration, on page three of your
`
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`
`
`
`Ira Marlowe - December 22, 2016
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`Page 19
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` declaration, I'll go ahead and read paragraph
`
` five.
`
` It says, "Specifically with regard
`
` to the '667 application, the application was
`
` filed on March 3, 2005. I conceived of the
`
` inventions set forth in this '667 Application
`
` prior to March 3, 2005, and at least as early
`
` as the end of January of 2005."
`
` Did I read that correctly, Mr.
`
` Marlowe?
`
` A. Yes.
`
` Q. Okay.
`
` So the '667 application that you
`
` reference in paragraph five, that's one of the
`
` ones that's also referenced in paragraph two,
`
` correct?
`
` A. Yes.
`
` Q. Let's pull that out.
`
` (Marlowe 5, 2/16/05 e-mail from
`
` Marlowe to Friscia, marked for
`
` identification, as of this date.)
`
` A. I may have misspoke.
`
` THE COURT REPORTER: One second,
`
` please.
`
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`
`
`
`Ira Marlowe - December 22, 2016
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`Page 20
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` MR. MANDIR: Let him mark that,
`
` then he will be ready to take down your
`
` testimony.
`
` THE COURT REPORTER: Please go
`
` ahead.
`
` A. You have mentioned the applica-
`
` tions under Blitzsafe, and the applications
`
` are actually filed under my name as the
`
` inventor.
`
` Q. Okay.
`
` A. I wanted to clarify that.
`
` Q. I understand, thank you.
`
` Let me show you, you should have
`
` Exhibit 4, those other exhibits you can put in
`
` in this pile.
`
` A. This is 4, this is 3, where is 2,
`
` 2 is here in front of me.
`
` Q. Just keep these here in case we
`
` need them.
`
` Exhibit 4 and just so you can see
`
` what I'm referring to, there is a little
`
` reference numeral 21, I'm pointing to it here
`
` (indicating).
`
` A. Yes.
`
`GregoryEdwards, LLC | Worldwide Court Reporting
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`
`
`
`Ira Marlowe - December 22, 2016
`
`Page 21
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` Q. So that's the application number
`
` 11/071,667, and that's the same '667
`
` application that you are referring to in
`
` paragraph two and paragraph five of your
`
` declaration, is that correct?
`
` And feel free to take a look at
`
` Exhibit 4 if you need to.
`
` A. Yes.
`
` Q. Okay.
`
` In paragraph five of your
`
` declaration you say, "I know I conceived of
`
` the inventions set forth in '667 Application."
`
` And my question, Mr. Marlowe, what
`
` are the inventions set forth in the '667
`
` application as you refer to here in paragraph
`
` five of your declaration?
`
` A. Well, the invention is listed
`
` within the patent. There are a lot of claims
`
` within this patent.
`
` Q. So is it your understanding that
`
` the invention is defined by the claims of the
`
` application?
`
` A. By the abstract and the details in
`
` claims.
`
`GregoryEdwards, LLC | Worldwide Court Reporting
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`
`
`
`Ira Marlowe - December 22, 2016
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`Page 22
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` Q. And if you look at the back of
`
` Exhibit 4 there are a number of claims that
`
` are indicated in this application.
`
` And these are the claims that you
`
` are referring to?
`
` A. Yes.
`
` Q. Are you able to explain just in
`
` your own words what the inventions are of the
`
` '667 that you were referring to in paragraph
`
` five?
`
` A. Well, we just have to read the
`
` patent, that would be self-explanatory.
`
` Q. Okay.
`
` Are you able to just give me a
`
` description in your own words as the inventor?
`
` A. It's a multimedia device
`
` integration system, and there were a lot of
`
` details that would have to be looked at. And
`
` once you read the patent, you will understand
`
` what the nature of the patent is.
`
` Q. Anything else that you can say
`
` what the inventions are?
`
` A. It is a multimedia device inte-
`
` gration system.
`
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`
`
`
`Ira Marlowe - December 22, 2016
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`Page 23
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` Q. Okay.
`
` Do you know the term audio
`
` generated, have you heard that term before?
`
` MR. LAMBRIANAKOS: Objection,
`
` relevance.
`
` Q. You can answer.
`
` A. I have heard the term.
`
` Q. What does the term mean to you?
`
` MR. LAMBRIANAKOS: Objection,
`
` relevance.
`
` A. The one moment, I want to note
`
` that this deposition is limited to the cross
`
` examination with respect to the content of
`
` this particular affidavit.
`
` MR. MANDIR: Yes.
`
` MR. LAMBRIANAKOS: This declara-
`
` tion, I want to make sure we are
`
` understanding that.
`
` Q. Go ahead.
`
` A. That would be a detail within the
`
` application, patent application, it stands on
`
` its own.
`
` Q. So I guess my question as I'm
`
` asking what you as the inventor understand
`
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`
`
`
`Ira Marlowe - December 22, 2016
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`Page 24
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` what the term audio generated means.
`
` MR. LAMBRIANAKOS: Objection, calls
`
` for a legal conclusion and irrelevant.
`
` A. I was going to say that.
`
` Q. Again, I'm not interested in your
`
` legal, just you are the inventor of the '667
`
` application, correct?
`
` A. I am.
`
` Q. I just want to know if you as an
`
` inventor understand what the term audio
`
` generated means.
`
` MR. LAMBRIANAKOS: Objection,
`
` relevance.
`
` Bill, if you can just point to me
`
` where in this declaration that subject
`
` matter is dealt with, you can feel free
`
` to cross examine him on that, unless
`
` that's in here then --
`
` MR. MANDIR: He said in paragraph
`
` five he conceived the invention of the
`
` '667 Application. I'm trying to figure
`
` out what invention in the '667
`
` application he is talking about in
`
` paragraph five. And one of the questions
`
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`
`
`
`Ira Marlowe - December 22, 2016
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`Page 25
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` I am going to get to is and I can ask it
`
` now that is, first I would like to know
`
` what audio generated means to him, and
`
` then I want to know if that's part of the
`
` invention in the '667 application that
`
` he's referencing in paragraph five.
`
` Q. So Mr. Marlowe, the first question
`
` is do you understand the term audio generated?
`
` MR. LAMBRIANAKOS: My objection
`
` stands, that's not relevant to the
`
` affidavit which is an affidavit which
`
` discusses conception and reduction of
`
` practice of the disclosure. And what I
`
` think you're doing is asking for a legal
`
` conclusion concerning a matter of claim
`
` construction that's relevant to the '342
`
` patent which is beyond the scope here.
`
` MR. MANDIR: I'm asking him for
`
` what this sentence means when he says, "I
`
` conceived of the invention set forth in
`
` '667 Application." And that's the
`
` question, I'm trying to figure out what
`
` he's referring to. One of the questions
`
` is does this '667 application, the
`
`GregoryEdwards, LLC | Worldwide Court Reporting
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`
`
`
`Ira Marlowe - December 22, 2016
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`Page 26
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` invention in the '667 application
`
` including the concept of audio generated?
`
` A. I would suggest that you read the
`
` patent and you will understand the terms if
`
` those terms are within this patent.
`
` Q. So I can read the patent, Mr.
`
` Marlowe, but you're the inventor.
`
` A. Yes.
`
` Q. I would like to hear, that's the
`
` purpose of this deposition, I would like to
`
` hear from you as the inventor exactly whether
`
` it is your understanding that the invention of
`
` the '667 application as you put it in this
`
` declaration, does that include audio
`
` generated?
`
` MR. LAMBRIANAKOS: Objection,
`
` relevance.
`
` Q. You can answer.
`
` A. I'm going to give you the same
`
` answer, that is you will have to read the
`
` patent to understand the patent.
`
` Q. I have read the patent a couple
`
` times and but I would like to hear, I'm asking
`
` you the questions, you're the witness here and
`
`GregoryEdwards, LLC | Worldwide Court Reporting
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`
`
`
`Ira Marlowe - December 22, 2016
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`Page 27
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` I would like to hear your answer to my
`
` question, please.
`
` MR. LAMBRIANAKOS: Objection,
`
` relevance.
`
` A. I gave you an answer multiple
`
` times, please read the patent, you will
`
` understand it.
`
` Q. But again, the purpose of this
`
` deposition is for me to ask questions from you
`
` as the inventor, and I can read it. I didn't
`
` need to come to New York City to read the
`
` patent, but I came here
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