M2M SOLUTIONS LLC VS.
`SIERRA WIRELESS AMERICA, INC.
`
`DR. EVELINE WESBY-VAN SWAAY
`August 14, 2012
`
`Original File 101021.TXT
`Min-U-Script® with Word Index
`
`Sierra Wireless America, Inc., Sierra Wireless, Inc. and RPX Corp. Exh. 1119 p. 1
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`

`

`M2M SOLUTIONS LLC VS.
`SIERRA WIRELESS AMERICA, INC.
`
`Page 1
`
`DR. EVELINE WESBY-VAN SWAAY
`August 14, 2012
`Page 3
`
` 1 IN THE UNITED STATES DISTRICT COURT
`
` 2 FOR THE DISTRICT OF DELAWARE
` ----------------------------------------x
` 3 M2M SOLUTIONS LLC, a Delaware limited
` liability company,
` 4
` Plaintiff
` 5
` v.
` 6
` SIERRA WIRELESS AMERICA, INC., a
` 7 Delaware corporation, and SIERRA
` WIRELESS, INC., a Canadian
` 8 corporation,
` Defendants
` 9
` Civil Action No. 12-030-RGA
`10 ----------------------------------------x
` (CAPTION CONT'D ON NEXT PAGE)
`11
`
`12 111 Huntington Avenue
` Boston, Massachusetts
`13
` August 14, 2012
`14 9:25 a.m.
`
`15
`
`16 VIDEOTAPED DEPOSITION OF DR. EVELINE WESBY-VAN
`
`17 SWAAY, a witness called by and on behalf of the
`
`18 Defendants, taken pursuant to Federal Rules of Civil
`
`19 Procedure, before Nicole E. Viens, a Certified
`
`20 Shorthand Reporter and Notary Public in and for the
`
`21 Commonwealth of Massachusetts.
`
`22
`
`23 ELLEN GRAUER COURT REPORTING CO. LLC
` 126 East 56th Street, Fifth Floor
`24 New York, New York 10022
` 212-750-6434
`25 Ref: 101021
`
` 1 A P P E A R A N C E S:
`
` 2
`
` 3 FOLEY & LARDNER LLP
`
` 4 Counsel for the Plaintiff
`
` 5 111 Huntington Avenue
`
` 6 Boston, Massachusetts 02199
`
` 7 BY: MARC N. HENSCHKE, ESQUIRE
`
` 8 (617) 342-4000
`
` 9 mhenschke@foley.com
`
`10
`
`11
`
`12 MAYER BROWN LLP
`
`13 Counsel for Defendants Cinterion Wireless
`
`14 Modules NAFTA and Cinterion Wireless Modules
`
`15 NAFTA
`
`16 1999 K Street, N.W.
`
`17 Washington, D.C. 20006
`
`18 BY: BRYON T. WASSERMAN, ESQUIRE
`
`19 (202) 263-3483
`
`20 bwasserman@mayerbrown.com
`
`21
`
`22
`
`23
`
`24
`
`25
`
`Page 2
`
`Page 4
`
` 1 (CAPTION CONT'D FROM PREVIOUS PAGE)
` ----------------------------------------x
` 2 M2M SOLUTIONS LLC, a Delaware limited
` liability company,
` 3 Plaintiff
` v.
` 4
` CINTERION WIRELESS MODULES GMBH, a
` 5 German limited liability company,
` CINTERION WIRELESS MODULES NAFTA LLC, a
` 6 Delaware limited liability company,
`
` 7 Defendants
`
` 8 Civil Action No. 12-031-RGA
` ----------------------------------------x
` 9 M2M SOLUTIONS LLC, a Delaware limited
` liability company,
`10 Plaintiff
`
`11 v.
`
`12 ENFORA, INC., a Delaware corporation,
` et al.,
`13 Defendants
`
`14 Civil Action No. 12-032-RGA
` ----------------------------------------x
`15 M2M SOLUTIONS LLC, a Delaware limited
` liability company,
`16 Plaintiff
`
`17 v.
`
`18 MOTOROLA SOLUTIONS, INC., a Delaware
` corporation, TELIT COMMUNICATIONS PLC,
`19 a United Kingdom public limited company,
`
`20 and TELIT WIRELESS SOLUTIONS INC., a
` Delaware corporation,
`21 Defendants
` ----------------------------------------x
`22
`
`23
`
`24
`
`25
`
` 1 A P P E A R A N C E S (Cont'd):
` 2
` 3 PEARL COHEN ZEDEK LATZER LLP
` 4 Counsel for Defendants Motorola Solutions, Inc.,
` 5 Telit Communications PLC and Telit Wireless
` 6 Solutions Inc.
` 7 1500 Broadway, 12th Floor
` 8 New York, New York 10036
` 9 BY: DAVID A. LOEWENSTEIN, ESQUIRE
`10 (646) 878-0806
`11 davidl@pczlaw.com
`12
`13 Also Present:
`14 Philip B. Wesby
`15 Michael Amato, Legal Video Specialist
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
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`M2M SOLUTIONS LLC VS.
`SIERRA WIRELESS AMERICA, INC.
`
`Page 5
` 1 ---------------------- I N D E X ----------------------
`
` 2 WITNESS EXAMINATION BY PAGE
`
` 3 DR. EVELINE WESBY-VAN SWAAY MR. WASSERMAN 12, 168
`
` 4 MR. LOEWENSTEIN 143, 170
`
` 5 MR. HENSCHKE 150
`
` 6
`
` 7
`
` 8 ------------------- E X H I B I T S -------------------
`
` 9 WESBY DESCRIPTION FOR I.D.
`
`10 Exhibit 1 Handwritten IP Address 21
`
`11 Exhibit 2 Assignment 27
`
`12 Exhibit 3 Patent Application 10/296571 55
`
`13 Exhibit 4 Document beginning Bates M2M 0001336 78
`
`14 Exhibit 5 6/8/04 Letter 82
`
`15 Exhibit 6 Document beginning Bates M2M 0000506 89
`
`16 Exhibit 7 U.S. Patent No. 8,094,010 99
`
`17 Exhibit 8 U.S. Patent No. 7,583,197 120
`
`18 Exhibit 9 Mind Map 128
`
`19 Exhibit 10 Answers to Interrogatories 150
`
`20
`
`21
`
`22 (EXHIBITS RETAINED BY MR. LOEWENSTEIN
`
`23
`
`24
`
`25
`
`DR. EVELINE WESBY-VAN SWAAY
`August 14, 2012
`Page 7
`
` 1 THE VIDEOGRAPHER: This is the start
` 2 of tape labeled Number 1 of the videotape
` 3 deposition of Eveline Wesby-van Swaay in
` 4 the matter of M2M Solutions LLC versus
` 5 Sierra Wireless America Incorporated, et
` 6 al., in the United States District Court
` 7 for the District of Delaware, Cases
` 8 Numbered 12-030-RGA, 12-031-RGA,
` 9 12-032-RGA, and 12-033-RGA.
`10 This deposition is being held at
`11 Foley & Lardner LLP, 111 Huntington Avenue,
`12 Suite 2600, Boston, Massachusetts 02199,
`13 on Tuesday, August 14, 2012, at
`14 approximately 9:25 a.m. My name is Michael
`15 Amato, CCVS, from Ellen Grauer Court
`16 Reporting and I'm the legal video
`17 specialist. The court reporter is Nicole
`18 Viens, also in association with Ellen
`19 Grauer Court Reporting.
`20 Counsel will please introduce
`21 yourselves and then the court reporter will
`22 swear in the witness.
`23 MR. WASSERMAN: I'm Bryon Wasserman
`24 on behalf of defendants Cinterion Wireless
`25 NAFTA and Cinterion Wireless GMBH.
`
`Page 6
`
`Page 8
`
` 1 S T I P U L A T I O N S
` 2
` 3 It is hereby stipulated and agreed by and
` 4 between counsel for the respective parties that the
` 5 deponent shall have thirty (30) days in which to read
` 6 and sign the deposition transcript, after which time it
` 7 shall be deemed to have been signed, and that the
` 8 filing and sealing of the deposition transcript are
` 9 waived.
`10 It is further stipulated and agreed that all
`11 objections, except objections as to the form of the
`12 question, and all motions to strike shall be reserved
`13 until the time of trial.
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` 1 WESBY-VAN SWAAY
` 2 MR. HENSCHKE: Go ahead, David.
` 3 MR. LOEWENSTEIN: David Loewenstein
` 4 for Telit and Motorola.
` 5 MR. HENSCHKE: And Marc Henschke on
` 6 behalf of the plaintiff M2M Solutions LLC.
` 7
` 8 EVELINE WESBY-VAN SWAAY, having been
` 9 satisfactorily identified and duly sworn by
`10 the Notary Public, was examined and
`11 testified as follows in answer to direct
`12 interrogatories:
`13 MR. WASSERMAN: Hi. Before we get
`14 started, I'd like to note that Mr. Wesby is
`15 in the room. Can I ask what capacity he's
`16 here?
`17 MR. HENSCHKE: We provided notice to
`18 all of defendants last week that Mr. Wesby
`19 would be attending the deposition today as
`20 a corporate representative of M2M Solutions
`21 LLC under Delaware Local Rule 30.3.
`22 MR. WASSERMAN: My understanding is
`23 that you've also -- you've already
`24 designated Ms. Wesby-van -- Dr. Wesby to --
`25 as a corporate representative for tomorrow.
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`M2M SOLUTIONS LLC VS.
`SIERRA WIRELESS AMERICA, INC.
`
`Page 9
`
`DR. EVELINE WESBY-VAN SWAAY
`August 14, 2012
`Page 11
`
` 1 WESBY-VAN SWAAY
` 2 I'm not under any -- I'm not aware that you
` 3 can have multiple corporate representatives
` 4 and rotate them depending on the witness.
` 5 MR. HENSCHKE: I don't know where you
` 6 get that understanding. We haven't
` 7 designated Eveline Wesby as a corporate
` 8 representative for tomorrow or for any
` 9 other purpose.
`10 MR. LOEWENSTEIN: Well, I'll say on
`11 behalf of Telit and Motorola, we think it's
`12 improper in part -- especially because
`13 Mr. Wesby is supposed to be deposed
`14 tomorrow, and as I understand it, there are
`15 only two people in the corporation. You
`16 can correct me if I'm wrong. And what I
`17 think, frankly, is going on is that he's
`18 here to get a preview of the questions that
`19 are going to be asked tomorrow and to align
`20 the testimony.
`21 So on behalf of Motorola and Telit, I
`22 think it's improper. We're waiting to hear
`23 back from our local counsel. I think the
`24 compromised situation here, rather than
`25 canceling the deposition outright, is to go
`
` 1 WESBY-VAN SWAAY
` 2 see what his advice is, but I think it's
` 3 improper. I suppose you're entitled to
` 4 have a corporate representative but doesn't
` 5 mean you're entitled to have a corporate
` 6 representative who's going to be deposed
` 7 the next day on the same issues and where
` 8 their testimony is potentially inconsistent
` 9 and it seems to me that it's prejudicial.
`10 So if you can give me ten minutes,
`11 I'll try to get ahold of our local counsel,
`12 who happens to be on vacation right now.
`13 MR. HENSCHKE: You're welcome to do
`14 that, and if you come up with any authority
`15 on that point, I'd be happy to consider it.
`16 MR. LOEWENSTEIN: You'll be the first
`17 to know. Thanks.
`18 THE VIDEOGRAPHER: The time is 9:29
`19 a.m. and we're going off the record.
`20 (A brief recess was taken.)
`21 THE VIDEOGRAPHER: The time is 9:36
`22 a.m. and we are back on the record.
`23 MR. LOEWENSTEIN: So what we are
`24 going to ask is that according to what I
`25 understand the Delaware local rule to be
`
`Page 10
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`Page 12
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` 1 WESBY-VAN SWAAY
` 2 along for an hour or so. I think
` 3 Mr. Wasserman is going to ask background
` 4 questions and hopefully by then we'll have
` 5 some feedback from our local counsel and we
` 6 may need to call the court.
` 7 MR. HENSCHKE: Well, I think we've
` 8 explained to you in the notice that we
` 9 provided that Philip Wesby is the managing
`10 member of M2M Solutions, he is a member of
`11 the board of directors of M2M Solutions,
`12 and also a 50 percent owner of M2M
`13 Solutions. So I'm not aware of any reason
`14 why he would not be an appropriate person
`15 to designate as a corporate representative
`16 under Local Rule 30.3(d), and I would
`17 suggest that unless you have some authority
`18 that you can provide to us why he doesn't
`19 qualify as an appropriate corporate
`20 representative, that our plan would be to
`21 have him here at the deposition today.
`22 MR. LOEWENSTEIN: Well, as luck would
`23 have it, I just got an e-mail from my local
`24 counsel. So if you want to take a
`25 ten-minute break, we can chat with him and
`
` 1 WESBY-VAN SWAAY
` 2 that lawyers are not permitted to talk to
` 3 witnesses during the break and we ask,
` 4 then, that Mr. Wesby also not talk to
` 5 Dr. Wesby during the break. And we'll --
` 6 we're going to maintain our objection, but
` 7 we would like to know -- we would like to
` 8 have your agreement at least on that issue.
` 9 MR. HENSCHKE: I would be willing to
`10 agree to that, that during the course of
`11 the deposition today of Dr. Wesby that Phil
`12 Wesby will not substantively discuss her
`13 testimony or potential testimony with her
`14 in the same way that I won't as her
`15 attorney.
`16 MR. LOEWENSTEIN: Okay.
`17 MR. WASSERMAN: That's good for us.
`18 EXAMINATION BY MR. WASSERMAN:
`19 Q. We're back on the record. Sorry about the delay
`20 there.
`21 A. It's okay.
`22 Q. Before we get started, is English your native
`23 language?
`24 A. No, it isn't.
`25 Q. Do you feel that you can answer my questions
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`M2M SOLUTIONS LLC VS.
`SIERRA WIRELESS AMERICA, INC.
`
`Page 13
`
`DR. EVELINE WESBY-VAN SWAAY
`August 14, 2012
`Page 15
`
` 1 WESBY-VAN SWAAY
` 2 accurately in English even though it's not your native
` 3 language?
` 4 A. I think in general, yes.
` 5 Q. Okay. If I ask a question that's not clear to
` 6 you either because you don't recognize the words or
` 7 just because I'm a lawyer and we talk in words that
` 8 people don't understand most of the time, I'd ask that
` 9 you please let me know and ask me for clarification.
`10 A. Will do. Thank you.
`11 Q. Can I have your full name, please.
`12 A. My name is Eveline Wesby-van Swaay.
`13 Q. And what's your current address?
`14 A. I live at Camden House in School Lane in
`15 Tiddington, Stratford-upon-Avon, which is in the United
`16 Kingdom.
`17 Q. And where were you born?
`18 A. I was in born in The Hague in the Netherlands.
`19 Q. And how long did you live in The Hague?
`20 A. That's a good question. It's probably around a
`21 few months only as a small baby, and I relocated there
`22 after I finished my medical degree for my first job.
`23 Q. And after you left The Hague, where did you go?
`24 A. To Delft, which is just ten kilometers south
`25 from The Hague.
`
` 1 WESBY-VAN SWAAY
` 2 A. I did.
` 3 Q. What was that degree in?
` 4 A. That's the general degree in medicine, surgery
` 5 and obstetrics as it's called there.
` 6 Q. And did you -- did you have additional training
` 7 after you completed that university degree?
` 8 A. I did.
` 9 Q. Where did you conduct that training?
`10 A. So my first post for training was done back in
`11 Hague in a specialized children's hospital which is
`12 called the Juliana Kinderziekenhuis, which is the
`13 Juliana, Queen Juliana, Children's Hospital based in
`14 Hague.
`15 Q. And after you completed your training at that
`16 university -- at that hospital, where did you go?
`17 A. Actually, as part of that training, I spent some
`18 time in Leiden University and some time in Rotterdam,
`19 the kind of sister children's hospital. And after
`20 completion of the pediatrics training, I joined the
`21 clinical genetics training in Rotterdam.
`22 Q. And what year did you finish your pediatrics
`23 training?
`24 A. I finished that in 1985.
`25 Q. And I believe you mentioned that you then went
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`Page 16
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` 1 WESBY-VAN SWAAY
` 2 Q. And how long did you live there?
` 3 A. I lived there about '87 to '97, ten years.
` 4 Q. Did you attend an undergraduate institution,
` 5 college or university?
` 6 A. "Undergraduate" you mean the medical school?
` 7 Q. Before medical school, did you --
` 8 A. Before medical school?
` 9 Q. Yes.
`10 A. The Dutch system is that after primary school,
`11 you can choose to attend a grammar school which takes
`12 you all the way up to be ready to go to university if
`13 you have the grades.
`14 Q. And did you attend university after grammar
`15 school?
`16 A. I did.
`17 Q. Where did you attend university?
`18 A. I attended this in Ghent, which is in Belgium.
`19 Q. And did you receive a degree from that -- what
`20 was it? I'm sorry, what was the name of the university
`21 in Ghent that you attended?
`22 A. The name in Flemish is Rijksuniversiteit Gent,
`23 which translates to State University Ghent, Belgium.
`24 Q. And did you receive a degree from that
`25 university?
`
` 1 WESBY-VAN SWAAY
` 2 on to additional training in genetics; is that correct?
` 3 A. Correct.
` 4 Q. At Rotterdam. How long were you in -- how long
` 5 were you -- how long did this training take at
` 6 Rotterdam?
` 7 A. That training took four years, which is the
` 8 standard for that.
` 9 Q. And after you completed the training in
`10 Rotterdam, did you take a job?
`11 A. Yeah. I took a job at same institute in
`12 clinical genetics and I stayed from then on as a
`13 consultant.
`14 Q. And how long were you employed by that -- at
`15 Rotterdam?
`16 A. I was there employed until the end of 1996.
`17 Q. And in 1996 did you take another job?
`18 A. At first I didn't. This was the time that we
`19 relocated with family to Finland. So the next job was
`20 a few months later in Finland.
`21 Q. And where was your next job you mentioned in
`22 Finland?
`23 A. It was at the Helsinki University Hospital,
`24 department of genetics.
`25 Q. And how long were you at the Helsinki hos --
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`M2M SOLUTIONS LLC VS.
`SIERRA WIRELESS AMERICA, INC.
`
`Page 17
`
`DR. EVELINE WESBY-VAN SWAAY
`August 14, 2012
`Page 19
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` 1 WESBY-VAN SWAAY
` 2 department of genetics?
` 3 A. I was there about two years.
` 4 Q. And after you left the Helsinki department of
` 5 genetics, did you take another job?
` 6 A. That's right.
` 7 Q. And where was that job?
` 8 A. That was also in Finland, same place, Espoo, and
` 9 it was with a company called Orion Pharma.
`10 Q. And what were your job responsibilities with
`11 Orion Pharma?
`12 A. So my responsibility was to be research
`13 physician and I was particularly involved in the safety
`14 side of drug development of a drug in late clinical
`15 development.
`16 Q. And the -- and how long were you in that
`17 position?
`18 A. I worked with Orion for five years, of which the
`19 first two and a half years was in Finland and the last
`20 two and a half years was for the same company in the
`21 UK.
`22 Q. And after you left Orion Pharmaceuticals, did
`23 you take another job?
`24 A. I did.
`25 Q. Where was that job?
`
` 1 WESBY-VAN SWAAY
` 2 Q. Did you -- did the coursework involve looking at
` 3 computer code for -- developed for collecting medical
` 4 data?
` 5 A. No.
` 6 Q. Did -- as part of your training, did you take
` 7 any coursework in electrical engineering?
` 8 A. No, I didn't.
` 9 Q. As part of your coursework, did you take any --
`10 excuse me. As part of your training, did you take any
`11 coursework in telecommunications?
`12 A. No, I didn't either.
`13 Q. Can you tell me as -- what an IP address is?
`14 A. An IP address is an individual address that is
`15 identifying a user of the internet.
`16 Q. Do you know how long an IP address is?
`17 A. No. Not exactly, no.
`18 Q. I mean, if I -- would you be able to write a
`19 sample IP address for me?
`20 A. Oh, yes, I can. (Witness complies.)
`21 Q. I'll note that that looks like an IP address.
`22 The -- where did you learn about IP addresses?
`23 MR. HENSCHKE: Mr. Wasserman, can we
`24 stop for a moment and --
`25 MR. WASSERMAN: Do you want to mark
`
`Page 18
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`Page 20
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` 1 WESBY-VAN SWAAY
` 2 A. That was in the UK. It was based in
` 3 Loughborough, which is close to Leicester, and it was
` 4 with the company AstraZeneca.
` 5 Q. And how long were you with AstraZeneca?
` 6 A. I'm still with AstraZeneca today.
` 7 Q. That's easy enough. During your training did
` 8 you take any coursework in computer science?
` 9 A. Not -- not -- it was not called computer
`10 science. There was a fair amount of data monitoring
`11 science, but I wouldn't call that computer science as
`12 such.
`13 Q. I mean, did that -- can you describe what the
`14 data monitoring science coursework involved.
`15 A. This is to understand the standards of clinical
`16 data collections and use in terms of research, how it
`17 is used in standardized ways, what the biases are at
`18 the point of collection of the data, and processing of
`19 data, and the statistical approaches to use the data to
`20 support whatever the statements were that we were
`21 trying to make in clinical research.
`22 Q. As part of this training, did you do any
`23 computer programming or design of software for
`24 collecting data?
`25 A. No, I didn't.
`
` 1 WESBY-VAN SWAAY
` 2 that as an exhibit?
` 3 MR. HENSCHKE: -- for the sake of
` 4 clarity for the record, I think we probably
` 5 should mark that as an exhibit and perhaps
` 6 have Dr. Wesby initial it.
` 7 MR. WASSERMAN: I think that's a good
` 8 idea.
` 9 THE VIDEOGRAPHER: Do you want her to
`10 hold it up too?
`11 MR. HENSCHKE: No, I don't think so.
`12 THE WITNESS: (Witness complies.)
`13 MR. WASSERMAN: So I guess we'll mark
`14 that as Exhibit 1.
`15 MR. HENSCHKE: And are we going to
`16 call these by any name, Wesby exhibits or
`17 M2M Solutions exhibits or what would you
`18 like to do there?
`19 MR. WASSERMAN: You know, probably we
`20 should mark it as exhibit -- just Wesby --
`21 Eveline Wesby Exhibit 1. I mean, I --
`22 MR. HENSCHKE: Too much for you to --
`23 THE COURT REPORTER: It won't fit. I
`24 wrote "E. Wesby" on them.
`25 MR. HENSCHKE: Want to call these E.
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`M2M SOLUTIONS LLC VS.
`SIERRA WIRELESS AMERICA, INC.
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`Page 21
`
`DR. EVELINE WESBY-VAN SWAAY
`August 14, 2012
`Page 23
`
` 1 WESBY-VAN SWAAY
` 2 Wesby exhibits and tomorrow we'll say P.
` 3 Wesby, will that work?
` 4 MR. WASSERMAN: That will work.
` 5 MR. HENSCHKE: Okay. So this is E.
` 6 Wesby 1 we've marked.
` 7 (Exhibit 1, Handwritten IP Address,
` 8 marked for identification.)
` 9 Q. (By Mr. Wasserman) Where did you learn about IP
`10 addresses?
`11 A. Well, user of computers and of the internet.
`12 Q. What's a packet?
`13 A. A packet in the context of internet is a bit of
`14 data that is transferred over the internet.
`15 Q. Can you draw the structure of a packet?
`16 A. No. I -- I know roughly that there is an
`17 identifier and a content, but that's about it.
`18 Q. What's a packet-switched network?
`19 A. That is actually a network that is based on
`20 transfer of data packets.
`21 Q. Can you tell me the difference between a
`22 packet-switched network and a circuit-switched network?
`23 A. Yes. A circuit-switched network is what we use
`24 in standard telephony, so more about phone traffic is
`25 using a circuit-switched technology while internet is a
`
` 1 WESBY-VAN SWAAY
` 2 those applications -- those patents, were you named as
` 3 an inventor on any other patent applications?
` 4 A. Yes, I was.
` 5 Q. Can you tell me about that patent application.
` 6 A. That is a patent application for an emergency
` 7 communicator with what we call today a reduced key set.
` 8 Q. And were you the only inventor on that patent
` 9 application?
`10 A. No, I wasn't.
`11 Q. Who were the other inventors?
`12 A. The other coinventors were my husband, Phil
`13 Wesby, and Rauli Parkkali and Hans Ahnlund, sort of
`14 four coinventors.
`15 Q. I'm sorry, could you repeat the name of the last
`16 one, please.
`17 A. Hans Ahnlund.
`18 Q. And how did you know Mr. -- is it Park --
`19 A. Parkkali.
`20 Q. -- Parkkali?
`21 A. He was a colleague of my husband's.
`22 Q. Was he an employee of Nokia?
`23 A. I believe so.
`24 Q. And Mr. -- is -- Mr. Ahnlund?
`25 A. As well.
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` 1 WESBY-VAN SWAAY
` 2 packet-switched.
` 3 Q. Is there -- are there differences between how
` 4 circuit-switched technology -- circuit-switched
` 5 networks and packet-switched networks transfer
` 6 information?
` 7 A. I think there are likely a lot of technical
` 8 differences, yes.
` 9 Q. Can you name some of those differences for me?
`10 A. Well, a key thing that I know about for
`11 circuit-switched telephony is that there has to be a
`12 two-way kind of end-to-end reserved connection over a
`13 voice channel, while in a packet-switched environment,
`14 that's not the case. There is a one-way end-to-end but
`15 not much -- very -- on top of that, very basic.
`16 Q. Is -- did you -- before the invention of the
`17 patents that are in this case, were you named on any
`18 other patents or patent applications?
`19 A. Could you clarify what patent you mean at the
`20 beginning of your sentence.
`21 Q. Sure. Yes. So this suit involves two patents,
`22 the first being U.S. Patent Number 8,094,010, the other
`23 being -- pardon the delay -- I believe it's 7,539,197.
`24 A. Okay.
`25 Q. Did you -- were you named as an inventor before
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` 1 WESBY-VAN SWAAY
` 2 Q. As well. Can you tell me how the four of you
` 3 came to -- came up with this idea for the reduced key
` 4 set application?
` 5 A. Well, actually, it was my idea and it was
` 6 spurred by a family event. Our daughter at the time, a
` 7 toddler, about three years old, managed to escape from
` 8 the post office and was lost for quite some time, and
` 9 this was within a few weeks after relocation to
`10 Finland. So neither her nor I spoke the language. It
`11 was midwinter, early January or so, so quite a hostile
`12 environment both for temperature and communication.
`13 So I was quite worried and spent some time to
`14 find her, and in that time of realizing how limited you
`15 are in terms of relocating a small toddler, some
`16 thoughts go through your mind, wouldn't it be nice to
`17 have a simple device like a phone that is manageable
`18 for a toddler of that age to just push one button and
`19 we can at least talk.
`20 So that was how that started.
`21 Q. And can you tell me what the contributions of
`22 the other inventors of this patent application were.
`23 A. Yeah. So at that point, my only knowledge of
`24 mobile phones was literally as a user of a mobile phone
`25 and so the questions were to try to understand how this
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`M2M SOLUTIONS LLC VS.
`SIERRA WIRELESS AMERICA, INC.
`
`Page 25
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`DR. EVELINE WESBY-VAN SWAAY
`August 14, 2012
`Page 27
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` 1 WESBY-VAN SWAAY
` 2 could be made possible and that's why we got together
` 3 with these people to brainstorm how this could work on
` 4 the technical side. But, actually, the requirements,
` 5 the objectives, if you like, of the invention were kind
` 6 of there from the start as a concept but not the
` 7 technical side. That was not my area so...
` 8 Q. And does the -- this reduced handset feature,
` 9 does it include any programming features?
`10 A. Yes. It does include a simple programming
`11 feature which was to populate a permitted callers list.
`12 Q. And what is a permitted caller list?
`13 A. That's essentially a list of phone numbers to
`14 which that communicator is permitted to communicate,
`15 whether it is for receiving a call from that number or
`16 to make a call to that number.
`17 Q. Okay. Did your reduced key set application, did
`18 it include any security features to make sure that
`19 someone -- that only the authorized people were
`20 programming it?
`21 A. Well, a security feature was literally the
`22 preprogramming of that number. So there was no
`23 additional security. If -- if anything, you could say
`24 that there was a need to have a similar type of SIM
`25 card in the programming mobile to the device that was
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` 1 WESBY-VAN SWAAY
` 2 for the concept.
` 3 Q. If that -- can you tell me what concepts of the
` 4 invention came from the other inventors.
` 5 A. As I said, the technical how this could be
` 6 realized, those kind of aspects came from the other
` 7 coinventors.
` 8 Q. Can you give me some examples of those types of
` 9 aspects.
`10 A. So, for example, the elements of standard
`11 circuitry of a mobile phone came from one of the
`12 coinventors.
`13 MR. WASSERMAN: I'd like to mark as
`14 -- I guess this would be Exhibit 3 or 2 --
`15 a document Bates numbered M2M 000064
`16 through 66.
`17 (Exhibit 2, Assignment, marked for
`18 identification.)
`19 Q. (By Mr. Wasserman) Do you recognize this
`20 document?
`21 A. Yes, I do.
`22 Q. Can you tell me what it is?
`23 A. It is an assignment, meaning a handover of parts
`24 of ownership of the patent we've just been talking
`25 about.
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` 1 WESBY-VAN SWAAY
` 2 being programmed.
` 3 Q. When you say, "a similar type of SIM card," what
` 4 do you mean by that?
` 5 A. Exactly as I say, similar, similar format,
` 6 similar type. Couldn't be a very different format from
` 7 a very different kind of family of phones that
` 8 couldn't -- couldn't talk with each other basically.
` 9 Q. Sure.
`10 A. So there's a security level but it wasn't
`11 described as such.
`12 Q. Did your -- did this reduced handset
`13 application, did it allow for remote programming?
`14 A. Yes. It was done remotely from, let's say, a
`15 parent mobile phone to that single simple reduced key
`16 set communicator. So that was remote. That was
`17 supposed to take place wirelessly.
`18 Q. Now, this feature of the -- of allowing it to be
`19 wirelessly programmed, was that something that you came
`20 up with or was that one of the contributions of the
`21 other inventors?
`22 A. No. The feature -- so let's say the user
`23 requirement, the functionality of being able to do that
`24 wirelessly came from -- came from me. That's
`25 reflecting the situation I was in when getting the idea
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` 1 WESBY-VAN SWAAY
` 2 MR. HENSCHKE: Just a suggestion, you
` 3 don't need to follow it if you don't want
` 4 to, but maybe for sake of clarity of the
` 5 record, when we're talking about this
` 6 particular patent and the inventions that
` 7 are shown in Exhibit 2, the emergency child
` 8 phone, we often refer to that as the
` 9 Hotlink child phone, for example; and then
`10 when we're talking about the patents that
`11 are asserted in this case and those
`12 inventions, we usually call that the
`13 programmable communicator or the
`14 programmable communicator patents or
`15 inventions.
`16 So that terminology, if you want to
`17 use it, helps, you know, keep clear which
`18 patents we're talking about and which
`19 inventions we're talking about at which
`20 points in time. So I just throw that out
`21 there as a suggestion but you don't have to
`22 do it.
`23 MR. WASSERMAN: Thanks, Marc.
`24 Q. (By Mr. Wasserman) So can you explain to me why
`25 you -- why the -- Mr. Wesby, Mr. Parkkali, and
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`M2M SOLUTIONS LLC VS.
`SIERRA WIRELESS AMERICA, INC.
`
`Page 29
`
`DR. EVELINE WESBY-VAN SWAAY
`August 14, 2012
`Page 31
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` 1 WESBY-VAN SWAAY
` 2 Mr. Ahnlund assigned the rights to you?
` 3 A. Actually, they were worried about liabilities
` 4 going forward in terms of the funds needed to support
` 5 maintenan