Page 1
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
` ---------------
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
` ---------------
`
` HTC CORPORATION, HTC AMERICA INC. and APPLE INC.
` Petitioners
` v.
` PARTHENON UNIFIED MEMORY ARCHITECTURE LLC,
` Patent Owner
` ---------------
` Case IPR2016-00923
` Patent 5,812,789
`
`ORAL DEPOSITION OF MITCHELL A. THORNTON, PH.D., P.E.
` Houston, Texas
` Thursday, January 26, 2017
`
` Reported by:
` MICHAEL E. MILLER, FAPR, RDR, CRR, Notary Public
` JOB NO. 118443
`
`TSG Reporting - Worldwide 877-702-9580
`
`1 2
`
`3
`
`4
`
`5
`
`6 7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`Ex. 1043
`IPR2016-00923, HTC v. PUMA
`Page 1 of 141
`
`
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
` ---------------
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
` ---------------
`
` HTC CORPORATION, HTC AMERICA INC. and APPLE INC.
` Petitioners
` v.
` PARTHENON UNIFIED MEMORY ARCHITECTURE LLC,
` Patent Owner
` ---------------
` Case IPR2016-00923
` Patent 5,812,789
`
`ORAL DEPOSITION OF MITCHELL A. THORNTON, PH.D., P.E.
` Houston, Texas
` Thursday, January 26, 2017
`
` Reported by:
` MICHAEL E. MILLER, FAPR, RDR, CRR, Notary Public
` JOB NO. 118443
`
`TSG Reporting - Worldwide 877-702-9580
`
`1 2
`
`3
`
`4
`
`5
`
`6 7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`Ex. 1043
`IPR2016-00923, HTC v. PUMA
`Page 1 of 141
`
`
`
`Page 2
`
` January 26, 2017
` 9:04 a.m.
`
` Oral deposition of MITCHELL A.
`THORNTON, Ph.D., P.E., held at the offices of
`Ahmad Zavitsanos Anaipakos Alavi & Mensing PC,
`1221 McKinney Street, Suite 2500, Houston, Texas,
`before Michael E. Miller, Fellow of the Academy
`of Professional Reporters, Registered Diplomate
`Reporter, Certified Realtime Reporter and Notary
`Public in and for the State of Texas.
`
`1 2 3 4 5
`
`6
`
`7 8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`TSG Reporting - Worldwide 877-702-9580
`
`Ex. 1043
`IPR2016-00923, HTC v. PUMA
`Page 2 of 141
`
`
`
`Page 3
`
`A P P E A R A N C E S:
` FEINBERG DAY ALBERTI & THOMPSON
` BY: DAVID ALBERTI, ESQUIRE
` YAKOV ZOLOTOREV, ESQUIRE
` 1600 El Camino Real
` Menlo Park, California 94025
` Counsel for Petitioner Apple Inc.
`
` SIDLEY AUSTIN
` BY: CURT HOLBREICH, ESQUIRE
` 555 California Street
` San Francisco, California 94104
` Counsel for Claimants HTC Corporation and
` HTC America Inc.
`
` HAYNES AND BOONE
` BY: MICHAEL PARSONS, ESQUIRE
` 2505 North Plano Road
` Richardson, Texas 75082
` Counsel for Claimants
`
` AHMAD ZAVITSANOS ANAIPAKOS ALAVI &
` MENSING
` BY: MASOOD ANJOM, ESQUIRE
` 1221 McKinney Street
` Houston, Texas 77010
` Counsel for Patent Owner
`
`TSG Reporting - Worldwide 877-702-9580
`
`12
`
`3
`
`4
`
`5
`
`6789
`
`10
`
`11
`
`12
`13
`14
`
`15
`
`16
`17
`18
`19
`
`20
`
`21
`
`22
`23
`24
`25
`
`Ex. 1043
`IPR2016-00923, HTC v. PUMA
`Page 3 of 141
`
`
`
`Page 4
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
` M. THORNTON
` PROCEEDINGS
` (January 26, 2017 at 9:04 a.m.)
` MITCHELL A. THORNTON, Ph.D., P.E.,
` having been duly sworn,
` testified as follows:
` EXAMINATION
`BY MR. ALBERTI:
` Q. Good morning, Dr. Thornton. I'm
`David Alberti. I'll be asking you questions
`today, and we're going to start by discussing
`the '923 IPR proceeding, which relates to
`the '789 patent.
` A. Okay.
` Q. Are you familiar with that?
` A. Yes.
` Q. Can you please state your full name
`for the record?
` A. Mitchell Aaron Thornton.
` Q. How many times have you been deposed
`before?
` A. I don't know the exact number. It's
`somewhere on the order of seven to ten.
` Q. I'll assume you know the basic ground
`rules, but I'll go over a few of them just to be
`
`TSG Reporting - Worldwide 877-702-9580
`
`Ex. 1043
`IPR2016-00923, HTC v. PUMA
`Page 4 of 141
`
`
`
`Page 5
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
` M. THORNTON
`sure. As you know, you're under oath, so you're
`required to give truthful answers.
` Do you understand that?
` A. Yes.
` Q. If you don't fully understand one of
`my questions, please let me know and I'll
`rephrase it for you, okay?
` A. Okay.
` Q. Because we have a court reporter,
`it's important that you give verbal responses,
`such as a yes or no, as opposed to nodding or
`shaking your head.
` Do you understand?
` A. Yes.
` Q. And from time to time we'll take
`breaks today -- I tend to take a break -- I'll
`take a break usually about once every hour, but
`if you need a break sooner, just let me know and
`we'll accommodate that at the most -- at the
`earliest convenience, okay?
` A. Okay.
` Q. You're acting as an expert for
`Parthenon Unified Memory Architecture in this
`case?
`
`TSG Reporting - Worldwide 877-702-9580
`
`Ex. 1043
`IPR2016-00923, HTC v. PUMA
`Page 5 of 141
`
`
`
`Page 6
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
` M. THORNTON
` A. Yes.
` Q. Is it okay if we call them PUMA for
`short?
` A. Sure.
` Q. How long have you been serving as an
`expert for PUMA?
` A. I think about a year. I don't
`remember the exact date, but I believe it was
`about this time last year.
` Q. When you say one year, are you
`referring to working as an expert only for this
`IPR or for PUMA in general?
` A. For PUMA in general, I think I
`started working -- it was shortly after the new
`year, so it may have been February or -- I'm just
`not sure, to tell you the truth. But it's in
`that time frame.
` Q. When was the first time you saw
`the '789 patent?
` A. It was in the early spring or late
`winter of 2016. I believe.
` Q. You had never heard of the '789
`patent before you started work on this case; is
`that correct?
`
`TSG Reporting - Worldwide 877-702-9580
`
`Ex. 1043
`IPR2016-00923, HTC v. PUMA
`Page 6 of 141
`
`
`
`Page 7
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
` M. THORNTON
` A. That's correct.
` Q. About how many hours have you billed
`on this case since you were retained?
` MR. ANJOM: Objection, form.
` A. Just for this '923 IPR, is that the
`question?
`BY MR. ALBERTI:
` Q. We'll start with that, on the '923
`IPR, approximately how many hours have you spent
`on the case?
` A. So I don't have an exact number. I
`didn't look it up. I mean, I could estimate.
`Maybe -- less than a hundred, probably. I'm
`sorry I can't be more exact.
` Q. Since you started working for PUMA,
`approximately how many hours have you spent total
`working on all the various PUMA cases?
` A. Again, I don't have an exact number,
`but probably -- it's going to be very broad, 200
`to 400, somewhere in there, hours, maybe. It
`could even be a little more. I just really don't
`know exactly.
` Q. Since you began working on the
`various PUMA matters, were your responsibilities
`
`TSG Reporting - Worldwide 877-702-9580
`
`Ex. 1043
`IPR2016-00923, HTC v. PUMA
`Page 7 of 141
`
`
`
`Page 8
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
` M. THORNTON
`limited to issues of validity of the patents or
`did you do work on other issues, such as
`infringement?
` A. Validity only.
` Q. Approximately how many patents in the
`PUMA portfolio did you spend your time on, do you
`know, other than the '789?
` MR. ANJOM: Objection, scope.
` A. Five of them.
`BY MR. ALBERTI:
` Q. And when you say -- you've given
`approximate time about how much time you worked
`on PUMA. Would it be split evenly among the
`various patents?
` A. Probably not. Yeah, probably not.
` Q. Were there certain patents you spent
`more time working on than others?
` A. So I think maybe I may have to --
`you've jogged my memory a bit. I don't think I
`saw the '464 and the '789 until later. I saw the
`other three first.
` So it could have been -- I think I
`told you late winter or early spring. It could
`have been more the spring time frame for those
`
`TSG Reporting - Worldwide 877-702-9580
`
`Ex. 1043
`IPR2016-00923, HTC v. PUMA
`Page 8 of 141
`
`
`
`Page 9
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
` M. THORNTON
`two.
` Q. With respect to your work in this
`IPR, did you provide an expert declaration?
` A. I did.
` Q. And this has already been marked, and
`so we're going to keep the markings that we used
`in the IPR. So this is PUMA Exhibit 2003. Can
`you please take a look at that document.
` Is Exhibit 2003 the expert
`declaration you prepared in this IPR proceeding?
` A. Yes.
` Q. Were there any other written
`declarations or opinions that you provided to
`counsel in connection with this IPR proceeding?
` A. No, I don't think so.
` Q. Did you prepare this declaration
`yourself?
` A. Yes.
` Q. Approximately how long did you spend
`preparing the declaration?
` A. You mean actually writing it or the
`analysis beforehand?
` Q. Both.
` A. Both? Again, I don't know the exact
`
`TSG Reporting - Worldwide 877-702-9580
`
`Ex. 1043
`IPR2016-00923, HTC v. PUMA
`Page 9 of 141
`
`
`
`Page 10
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
` M. THORNTON
`number, so I want to get that on the record, but
`I would guess anywhere from, I don't know, 40 to
`60 hours, maybe.
` Q. What did you do to prepare for your
`deposition today, other than conversations that
`you may have had with counsel, which you
`shouldn't disclose?
` A. I read through my declarations. I
`read through the patents at issue. I read
`through some of the references I cited and some
`of the other patents that were -- for example,
`the Lambrecht patent I read through.
` Q. Approximately how long did you spend
`preparing for your deposition today?
` A. About the last couple of days or --
` Q. Hours-wise?
` A. 16, one-six.
` Q. Did you review any documents that
`were not cited in your declaration in preparation
`for your deposition today? I could refer you to
`page 5 of your declaration where you have a list
`of documents considered.
` A. Not that I recall.
` Q. Is there anything else that you
`
`TSG Reporting - Worldwide 877-702-9580
`
`Ex. 1043
`IPR2016-00923, HTC v. PUMA
`Page 10 of 141
`
`
`
`Page 11
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
` M. THORNTON
`believe you needed to do to prepare for today
`that you didn't have time to do?
` A. No.
` MR. ALBERTI: Can we mark this
`Thornton Exhibit 1 and Thornton Exhibit 2?
` (Thornton Deposition Exhibit 1
`marked.)
` (Thornton Deposition Exhibit 2
`marked.)
`BY MR. ALBERTI:
` Q. You've been handed a couple of
`deposition transcripts that relate to depositions
`that you took in various PUMA cases. Thornton
`Exhibit 1 appears to be a deposition you took in
`the HTC matter, and Thornton Exhibit 2 appears to
`be a deposition transcript you took in the Apple
`matter.
` Do you recall reviewing these
`depositions after they were taken?
` A. Yes.
` Q. And you testified under oath in those
`depositions?
` A. Yes.
` Q. Were there any inaccuracies that you
`
`TSG Reporting - Worldwide 877-702-9580
`
`Ex. 1043
`IPR2016-00923, HTC v. PUMA
`Page 11 of 141
`
`
`
`Page 12
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
` M. THORNTON
`recall when you reviewed those deposition
`transcripts that you needed to correct or didn't
`have the time to correct?
` A. Not that I recall. I don't know if I
`was asked to correct these or not. I don't
`recall.
` Q. Do you recall if during the
`depositions or at any time after the depositions
`you became aware of any answers that you thought
`needed to be changed from the time that you gave
`them in the depositions?
` A. Not sitting here, no. I don't recall
`even exactly everything that's in these.
` Q. Do you recall whether or not you made
`any changes to the depositions or requested that
`any changes be made to those transcripts?
` A. I don't think I was asked to review
`these for errors. I may have been asked to
`review one or two. This, I think, is the fifth
`deposition in this, PUMA, and I don't -- I'm
`pretty sure I wasn't asked to review all the
`transcripts for errors.
` Q. Okay. Going back to your declaration
`in this IPR proceeding, is there anything that
`
`TSG Reporting - Worldwide 877-702-9580
`
`Ex. 1043
`IPR2016-00923, HTC v. PUMA
`Page 12 of 141
`
`
`
`Page 13
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
` M. THORNTON
`you feel like you needed to include in this
`declaration that was not included in it when you
`completed it?
` A. I mean, there are a couple of things
`that have changed since I signed it. I'm not
`sure if that's what you're asking.
` Q. When you say things have changed, do
`you mean things -- facts that changed or --
` A. Yes.
` Q. Okay. What were those?
` A. Now, my title has changed as of
`January 1st, so that's inaccurate. Now I'm the
`acting chair of the Department of Computer
`Science and Engineering. And I believe that I --
`I filed another provisional patent that -- I
`listed a number of patents I'm an inventor on, so
`that number has changed as well.
` Q. Other than those alternative facts,
`is there anything else that is incomplete or that
`you needed to change?
` A. Not that I'm aware of.
` Q. Did you review any documents in
`preparing the declaration that you relied on or
`that informed your opinions that are not listed
`
`TSG Reporting - Worldwide 877-702-9580
`
`Ex. 1043
`IPR2016-00923, HTC v. PUMA
`Page 13 of 141
`
`
`
`Page 14
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
` M. THORNTON
`in the page 5 "Documents Considered" section?
` A. No.
` Q. Is there any other evidence that you
`relied on in forming your opinions that is not
`mentioned in your declaration?
` A. I don't believe so, no.
` Q. I want to ask you some questions
`broadly about your opinions, and I want to refer
`you to Section IX, which is entitled "Analysis of
`Instituted Grounds.
` Do you see that section?
` A. Yes.
` Q. So in that section, I believe you
`list several reasons why, starting in Section A,
`that you don't believe that Lambrecht anticipates
`certain claims of the '789 patent.
` Do you see that?
` A. Yes.
` Q. So if we look at Section A1, 2, 3 and
`4, those sections all relate to limitations that
`you believe are missing from the reference that
`appears in claim 1 of the '789 patent; is that
`correct?
` MR. ANJOM: Objection, form.
`
`TSG Reporting - Worldwide 877-702-9580
`
`Ex. 1043
`IPR2016-00923, HTC v. PUMA
`Page 14 of 141
`
`
`
`Page 15
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
` M. THORNTON
` A. Those were -- those were sections
`based on limitations in claim 1, yes, that I
`believe Lambrecht did not disclose.
`BY MR. ALBERTI:
` Q. And if we look at page 31 of your
`declaration, do you see there's a subsection (b)
`that references to the dependent claims 3, 5, 11
`and 13?
` A. Yes.
` Q. Is it correct that other than the
`arguments that you make in connection with the
`limitations that you say are missing in claim 1,
`you haven't provided a separate opinion for
`limitations that only appear in claims 3, 5, 11
`or 13 with respect to Lambrecht?
` A. I believe paragraph 61 is the only
`opinion I gave for dependent claims 3, 5, 11 and
`13, so that would be the only statement in here.
` Q. Okay. And with respect to claim 4,
`is 62, paragraph 62, the only paragraph that
`deals specifically with the combination of
`Lambrecht and Artieri?
` A. Yes, I believe it is.
` Q. And moving on to paragraph 3 --
`
`TSG Reporting - Worldwide 877-702-9580
`
`Ex. 1043
`IPR2016-00923, HTC v. PUMA
`Page 15 of 141
`
`
`
`Page 16
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
` M. THORNTON
`sorry, paragraph 63, is that the only paragraph
`where you address the combination of Lambrecht
`and Moore?
` A. Yes, I believe it is.
` Q. So is it fair to say that your
`validity opinions with respect to these claims
`rely primarily on what you -- the limitations of
`claim 1 that you say are missing from Lambrecht?
` A. It is. And I would add to your
`earlier question, I summarized that fact in
`paragraph 64 as well.
` Q. Got it. Thank you.
` Now, in the 1990s, did you work on
`designing or building MPEG decoders?
` MR. ANJOM: Objection, form.
` A. I worked on subsystems that could be
`found in MPEG decoders, that are found in MPEG
`decoders.
`BY MR. ALBERTI:
` Q. Can you give me an example of a
`subsystem?
` A. Memory interfaces, bus interfaces,
`arithmetic circuitry that would be used for
`processing, algorithms for spectral
`
`TSG Reporting - Worldwide 877-702-9580
`
`Ex. 1043
`IPR2016-00923, HTC v. PUMA
`Page 16 of 141
`
`
`
`Page 17
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
` M. THORNTON
`transformations.
` Q. When you were building those
`components were they to be used in MPEG -- were
`they actually used in an MPEG decoder?
` MR. ANJOM: Objection, form.
` A. So some of them were done in an
`academic setting, and some were done with regard
`to my work at a corporation that were in a
`processor, a general processor.
` And I -- you know, the arithmetic
`circuitry -- so I designed cores. They could
`have -- the company could have used them in any
`number of products that I'm not aware of.
`BY MR. ALBERTI:
` Q. But as far as your work and what you
`were designing at the time, you weren't
`specifically designing those components to be
`used in an MPEG decoder; is that fair?
` MR. ANJOM: Objection, form.
` A. I guess I would have to say I just
`don't know all the applications the company had
`in mind for the components. I know some of them,
`some of them were general-purpose processors.
`Others were math co-processors.
`
`TSG Reporting - Worldwide 877-702-9580
`
`Ex. 1043
`IPR2016-00923, HTC v. PUMA
`Page 17 of 141
`
`
`
`Page 18
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
` M. THORNTON
`BY MR. ALBERTI:
` Q. In the 1990s, did you design or build
`any decoders that decoded full-motion video in
`real time?
` MR. ANJOM: Objection, form.
` A. So build -- can I ask you to clarify
`what you mean by "build"? I mean, there's so
`many steps involved in producing the chip.
`There's the fabrication, the design.
` I worked in the design portion. I
`don't know if all my -- if any of my designs
`ended up in a full-motion MPEG decoder device or
`not, but some of them were applicable.
`BY MR. ALBERTI:
` Q. As far as your -- I guess your
`knowledge in the process, at the time of
`tape-out, were any of those circuits actually
`taped-out into a circuit that did MPEG decoding?
` MR. ANJOM: Objection, form.
` A. I don't have the knowledge of all the
`circuits at tape-out -- all the devices at
`tape-out my circuits were in. I have knowledge
`of some of them.
` ///
`
`TSG Reporting - Worldwide 877-702-9580
`
`Ex. 1043
`IPR2016-00923, HTC v. PUMA
`Page 18 of 141
`
`
`
`Page 19
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
` M. THORNTON
`BY MR. ALBERTI:
` Q. The ones that you do have knowledge
`of, none of those were MPEG decoders, fair?
` A. They weren't application specific for
`MPEG decoding only.
` Q. And you don't know if they were used
`in MPEG decoders?
` A. No.
` Q. You mentioned bus interfaces. What
`types of bus interfaces did you design in the
`1990s?
` A. I worked on the system bus that was
`compatible with the first-generation Intel
`device, and I had to have knowledge of other
`buses as well. I did some work on the chipset as
`well. So it would have been common buses of that
`era.
` Q. Did you work on any PCI bus chipsets?
` A. If we're limiting it to the
`early '90s, I think the answer is no.
` Q. Do you contend you're an expert in
`the PCI bus in the early to mid 1990s?
` MR. ANJOM: Objection, form.
` A. So I have expertise and knowledge of
`
`TSG Reporting - Worldwide 877-702-9580
`
`Ex. 1043
`IPR2016-00923, HTC v. PUMA
`Page 19 of 141
`
`
`
`Page 20
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
` M. THORNTON
`the PCI bus, but I don't recall in the
`early '90s, I don't think I did much work with
`PCI in the early '90s, no. I'm not sure if the
`standard had even -- I'm not sure if it had been
`standardized at that time.
`BY MR. ALBERTI:
` Q. What about in 1996?
` A. Yeah, it had been standardized by
`then.
` Q. Did you build any systems using the
`PCI bus in the early to mid '90s?
` A. So by "build systems," do you mean
`like processor, like servers or...
` Q. Yeah. Any type of computer system,
`PC, server, some type of embedded system.
` A. I mean, sure, we -- I mean, yeah, I
`put together servers and desktop computers that
`used PCI interfaces.
` Q. Okay. Approximately what range
`time-wise are we talking about here?
` A. I remember in '95 when I started
`working as an assistant processor at the
`University of Arkansas, it wasn't that first
`year, but shortly thereafter I created a lab
`
`TSG Reporting - Worldwide 877-702-9580
`
`Ex. 1043
`IPR2016-00923, HTC v. PUMA
`Page 20 of 141
`
`
`
`Page 21
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
` M. THORNTON
`where I had undergraduates build desktop
`computers out of commodity parts.
` And so at some point when the PCI
`interface cards became inexpensive enough, they
`used those as well. I don't remember that exact
`point, so between '95 and 2000, somewhere in that
`time period.
` Q. During that time period, what was the
`bandwidth capabilities of the PCI bus?
` MR. ANJOM: Objection, form.
` A. Without looking it up I can't give
`you an exact number, but it was around the
`100-megahertz, a little lower, and then other
`versions got faster range for bus transactions.
`BY MR. ALBERTI:
` Q. In connection with your work on this
`case, did you review any documents regarding the
`PCI bus?
` A. I referred to the Shanley book.
` Q. Is the Shanley book a well-known book
`at the time describing PCI?
` A. I don't know at the time. I had been
`aware of it before this case, but I don't know if
`that would qualify as it being well known.
`
`TSG Reporting - Worldwide 877-702-9580
`
`Ex. 1043
`IPR2016-00923, HTC v. PUMA
`Page 21 of 141
`
`
`
`Page 22
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
` M. THORNTON
` Q. You don't dispute it was an
`authoritative reference regarding the
`capabilities of the PCI bus, correct?
` MR. ANJOM: Objection, form.
` A. So in the portions I reviewed, I
`didn't note any errors that I -- you know, that I
`could find. All books have errors.
`BY MR. ALBERTI:
` Q. You used the Shanley reference before
`this case regarding PCI?
` MR. ANJOM: Objection, form.
` A. I had it on my bookshelf, so I don't
`remember, you know, if and when I had used it.
`BY MR. ALBERTI:
` Q. You would agree it would be a logical
`place for a person of ordinary skill in the art
`to look to determine characteristics of a PCI bus
`and potential applications; is that correct?
` MR. ANJOM: Objection, form.
` A. Shanley wrote a series of books on
`various buses, the ISA, and so -- I mean, that,
`and I think you know, if you were serious you'd
`look in the spec, but yes, that would be a
`reasonable place to look.
`
`TSG Reporting - Worldwide 877-702-9580
`
`Ex. 1043
`IPR2016-00923, HTC v. PUMA
`Page 22 of 141
`
`
`
`Page 23
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
` M. THORNTON
`BY MR. ALBERTI:
` Q. I'm going to turn you back to your
`declaration, Exhibit 2003, and in particular, if
`you would take a look at page 14, there's a
`section entitled "Claim Construction."
` Did you find that section?
` A. Yes.
` Q. In your analysis in the '923 IPR, did
`you apply the Board's claim construction of the
`terms listed in the "Claim Construction" section
`of your declaration on page 14?
` A. Yes.
` Q. In your analysis, you did not find it
`necessary to construe any other claim terms other
`than those that the Board provided constructions
`for in this section; is that correct?
` MR. ANJOM: Objection, form.
` A. I don't understand about the
`"necessary to construe" part. I just construed
`other terms as one of skill in the art would have
`if they weren't ordered by the Board.
`BY MR. ALBERTI:
` Q. Let me try to phrase it this way:
`Other than the terms where the Board provided a
`
`TSG Reporting - Worldwide 877-702-9580
`
`Ex. 1043
`IPR2016-00923, HTC v. PUMA
`Page 23 of 141
`
`
`
`Page 24
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
` M. THORNTON
`specific construction, did you just apply the
`plain and ordinary meaning as one of ordinary
`skill in the art would view those terms at the
`time of the invention?
` A. Yes.
` Q. Other than in this "Claim
`Construction" section, is there anywhere else in
`your declaration where you specifically lay out
`what you believed the plain and ordinary meaning
`of a specific claim term was in the '789 patent?
` MR. ANJOM: Objection, form.
` A. I'm not sure if I did that or not,
`without reading through it to look for that.
`BY MR. ALBERTI:
` Q. Okay. We may go through it during
`the course of the day. To the extent you do
`notice something where you say, oh, you know
`what, I did give a definition of a term here or
`there, could you please let me know?
` A. Yes.
` Q. Okay. But as you sit here right now,
`you don't recall whether or not you did that?
` A. I may have or may not.
` Q. If we take a look at page 14,
`
`TSG Reporting - Worldwide 877-702-9580
`
`Ex. 1043
`IPR2016-00923, HTC v. PUMA
`Page 24 of 141
`
`
`
`Page 25
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
` M. THORNTON
`paragraph 37, you recite the Board's construction
`for the term of "real-time."
` Do you see that?
` A. Yes.
` Q. Do you agree with the Board's
`construction here?
` A. Yes.
` Q. And you did not dispute this
`construction with respect to your analysis of
`the '789 patent, correct?
` A. No.
` Q. On paragraph 38, you list the Board's
`construction of the term -- I'm sorry.
`Paragraph 36, you recite the Board's construction
`for the term "video decoder."
` Do you see that?
` A. I do.
` Q. Do you agree with that construction?
` A. I used that construction, yes.
` Q. So you don't dispute the Board's
`construction of the term "video decoder" as
`something a person of ordinary skill in the art
`would understand at the time of this invention?
` MR. ANJOM: Objection, form.
`
`TSG Reporting - Worldwide 877-702-9580
`
`Ex. 1043
`IPR2016-00923, HTC v. PUMA
`Page 25 of 141
`
`
`
`Page 26
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
` M. THORNTON
` A. I just took their construction and
`used it and didn't think about disputing. I just
`took that as the ground rules for the analysis.
`BY MR. ALBERTI:
` Q. So you didn't think you were able to
`provide a different construction; is that
`correct?
` MR. ANJOM: Objection, form.
` A. I was never asked to do any -- I
`don't recall being asked to do any claim
`construction work for this.
`BY MR. ALBERTI:
` Q. As you sit here today, do you see any
`problems with the Court's construction for either
`"video decoder" or "real-time" in connection with
`the '789 patent?
` MR. ANJOM: Objection, form.
` A. So, again, I didn't analyze that. I
`just took their ordered construction and used it.
`BY MR. ALBERTI:
` Q. I'm going to hand you what's been
`labeled Exhibit 1001. It's a document entitled
`"Patent No. 5,812,789."
` Do you recognize this document?
`
`TSG Reporting - Worldwide 877-702-9580
`
`Ex. 1043
`IPR2016-00923, HTC v. PUMA
`Page 26 of 141
`
`
`
`Page 27
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
` M. THORNTON
` A. Yes.
` Q. Is this the '789 patent that is the
`subject of this IPR?
` A. Yes.
` Q. If you take a look at Figure 2 of
`the '789 patent, do you see there's a bus 70
`labeled that connects the memory interface to
`memory?
` A. Yes.
` Q. What are the bandwidth requirements
`of bus 70?
` MR. ANJOM: Objection, form.
` A. I don't know if those were specified
`in here.
`BY MR. ALBERTI:
` Q. If I can refer you to column 6,
`line 58 through 62. And particularly, do you see
`where it says "a fast bus 70 is any bus whose
`bandwidth is equal to or greater than the
`required bandwidth"?
` A. I do.
` Q. Do you agree that any type of bus
`would be appropriate for bus 70, assuming it met
`the bandwidth requirements set forth in the '789
`
`TSG Reporting - Worldwide 877-702-9580
`
`Ex. 1043
`IPR2016-00923, HTC v. PUMA
`Page 27 of 141
`
`
`
`Page 28
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
` M. THORNTON
`patent?
` MR. ANJOM: Objection, form.
` A. Not necessarily.
`BY MR. ALBERTI:
` Q. So you would dispute the statement
`that says the bus can be any bus whose bandwidth
`is equal to or greater than the required
`bandwidth?
` A. I don't dispute that statement, but I
`didn't agree with the way you phrased your
`question. Maybe I misunderstood it.
` Q. Let me give you an example. Assuming
`the PCI bus satisfies the bandwidth requirements
`according to the statement in column 6, line 58
`through 60, do you agree that the PCI bus would
`be a suitable bus, assuming the other bandwidth
`requirements were met?
` MR. ANJOM: Objection, form.
` A. The answer is: Possibly. But one
`would have to consider more than just bandwidth
`in choosing a bus to connect to the memory 50.
`BY MR. ALBERTI:
` Q. So when the '789 patent teaches that
`the fast bus 70 is any bus whose bandwidth is
`
`TSG Reporting - Worldwide 877-702-9580
`
`Ex. 1043
`IPR2016-00923, HTC v. PUMA
`Page 28 of 141
`
`
`
`Page 29
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
` M. THORNTON
`equal to or greater than the required bandwidth,
`do you believe that statement to be incorrect?
` MR. ANJOM: Objection, form.
` A. I agree with that statement, but that
`statement is only referring to bandwidth, and
`there would -- you know, the bus would have to be
`compatible with the memory, the signals would
`have to match up. That's all I'm saying. The
`interfaces would have to be appropriate,
`functionally.
`BY MR. ALBERTI:
` Q. So with the appropriate interfaces,
`could a PCI bus with the appropriate bandwidth
`act as the fast bus 70, assuming the bandwidth
`and interface requirements were met?
` A. Yes.
` Q. If you take a look at column 8,
`lines 56 through 59, I'll read those into the
`record. It says, "In current technology the
`memory bus 167, which corresponds to the fast bus
`70 for coupling a core logic chipset to a memory,
`is capable of having a bandwidth of approximately
`400 megabytes per second."
` Do you see that?
`
`TSG Reporting - Worldwide 877-702-9580
`
`Ex. 1043
`IPR2016-00923, HTC v. PUMA
`Page 29 of 141
`
`
`
`Page 30
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
` M. THORNTON
` A. I see that.
` Q. This refers to the bus 167 as shown
`in Figure 3, correct?
` A. Yes, I believe it is.
` Q. And now if I can turn your attention
`to column 8, lines 59 through 62, you'll see that
`it says, "This bandwidth is at least twice the
`bandwidth required for an optimized
`decoder/enc
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
