`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
` MICROSOFT CORPORATION
` Petitioner,
` v.
` WINDY CITY INNOVATIONS, LLC.
` Patent Owner.
`
` Case IPR2016-01141
` Patent 8,458,245 B1
`
`Heard before Judges Karl Easthom, David McKone, John Lee
`
` DATE: February 28, 2017
` TIME: 10:01 a.m. to 10:26 a.m.
` PLACE: Via conference call
` BEFORE: Dawn A. Hillier, RMR, CRR, CLR
` Notary Public, State of
` Florida at Large
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`Petitioner Microsoft Corporation, Ex. 1050, p. 1
`Microsoft Corp. v. Windy City Innovations, LLC, IPR2016-01155
`
`
`
`Transcript of PTAB Conference Call
`Conducted on February 28, 2017
`
`2
`
`APPEARANCES:
`TODD SIEGEL, ESQUIRE (via telephone)
`KLARQUIST SPARKMAN, LLP
`World Trade Center Portland
`121 SW Salmon Street, #1600
`Portland, Oregon 97204
`503.595.5300
`todd.siegel@klarquist.com
` Counsel for Petitioner
`
`JOSEPH MICALLEF, ESQUIRE (via telephone)
`SAMUEL DILLON, ESQUIRE (via telephone)
`SIDLEY AUSTIN, LLP
`1501 K Street, N.W.
`Washington, DC 20005
`202.736.8388
`jmicallef@sidley.com
`samuel.dillon@sidley.com
` Counsels for Petitioner
`
`PETER LAMBRIANAKOS, ESQUIRE (via telephone)
`VINCENT RUBINO, III, ESQUIRE (via telephone)
`BROWN RUDNICK, LLP
`7 Times Square
`New York, New York 10036
`212.209.4800
`plambrianakos@brownrudnick.com
`vrubino@brownrudnick.com
` Counsels for Patent Owner
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`888.433.3767 | WWW.PLANETDEPOS.COM
`
`Petitioner Microsoft Corporation, Ex. 1050, p. 2
`Microsoft Corp. v. Windy City Innovations, LLC, IPR2016-01155
`
`
`
`Transcript of PTAB Conference Call
`Conducted on February 28, 2017
`
`3
`
` P-R-O-C-E-E-D-I-N-G-S
` JUDGE LEE: Good morning. This is Judge Lee.
`Also with me are Judges Easthom and McKone. Are
`the parties on the line?
` MR. SIEGEL: Yes, your Honor.
` MR. MICALLEF: Yes.
` JUDGE LEE: If you could make your
`appearances, that would be appreciated. Let's
`start with counsel for the petitioner.
` MR. SIEGEL: Good morning, your Honor. This
`is Todd Siegel from Klarquist Sparkman,
`representing the petitioner Microsoft, and I have
`co-counsel from Sidley Austin on the line. I will
`let them introduce themselves.
` MR. MICALLEF: Good morning, your Honor. This
`is Joe Micallef from Sidley for petitioner, and
`with me is my colleague, Sam Dillon.
` MR. LAMBRIANAKOS: Good morning, your Honor,
`this is Peter Lambrianakos from Brown Rudnick,
`counsel for patent owner, and with me today is
`Vincent Rubino of our firm.
` MR. RUBINO: Morning, your Honors.
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`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`Petitioner Microsoft Corporation, Ex. 1050, p. 3
`Microsoft Corp. v. Windy City Innovations, LLC, IPR2016-01155
`
`
`
`Transcript of PTAB Conference Call
`Conducted on February 28, 2017
`
`4
`
` JUDGE LEE: Good morning, gentleman. Is there
`a court reporter on the line for either party?
` COURT REPORTER: Yes, sir. Yes, sir. This is
`Dawn Hillier, the court reporter.
` JUDGE LEE: Good morning, Ms. Hillier.
` COURT REPORTER: Good morning.
` JUDGE LEE: Just reminding the parties that at
`the conclusion of the call, a copy of the
`transcript of the call should be filed in each of
`the relevant cases as soon as it is practicable.
` MR. SIEGEL: Yes.
` JUDGE LEE: So we're here today in reference
`to a request by counsel for petitioner regarding
`the deposition of Robert Stein. Mr. Siegel, are
`you going to do the presentation this morning?
` MR. SIEGEL: Yes, your Honor.
` JUDGE LEE: You may proceed. And just so you
`know, you're a little bit faint, at least. At
`least to me. So if you could speak up a bit.
` MR. SIEGEL: I'll do my best.
` JUDGE LEE: We will appreciate it.
` MR. SIEGEL: I'm in a conference room on a
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`888.433.3767 | WWW.PLANETDEPOS.COM
`
`Petitioner Microsoft Corporation, Ex. 1050, p. 4
`Microsoft Corp. v. Windy City Innovations, LLC, IPR2016-01155
`
`
`
`Transcript of PTAB Conference Call
`Conducted on February 28, 2017
`
`5
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`speaker phone.
` So the major DBS system operations manual is
`the primary prior art reference relied upon by
`petitioner in these proceedings. It's over 400
`pages. And petitioner used it, mapped it against
`most of the claim elements of the challenged
`claims.
` The author is Robert Stein and he submitted a
`short declaration providing facts to authenticate
`and prove the public availability of the document,
`and patent owner is taking his deposition tomorrow.
`And as a result of what transpired at two other
`depositions last week in this matter, we inquired
`with the patent owner about the proper scope of the
`deposition of Mr. Stein tomorrow. And patent owner
`indicated that it intends to probe the full scope
`of his declaration, including the contents of each
`paragraph and the documents he attaches.
` And so that -- so we're concerned that this
`deposition could turn into a fishing expedition
`that goes beyond the scope of Mr. Stein's limited
`declaration. And, I mean, what really -- what
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`
`Petitioner Microsoft Corporation, Ex. 1050, p. 5
`Microsoft Corp. v. Windy City Innovations, LLC, IPR2016-01155
`
`
`
`Transcript of PTAB Conference Call
`Conducted on February 28, 2017
`
`6
`
`brought this to our attention was last week,
`Ms. Donath was deposed and she was the author of an
`article, Social Web. It was what we would probably
`consider a secondary reference. It was a short
`article. And the deposition was fairly short. But
`patent owner did, you know, in our view, ask
`questions that went beyond the scope of her
`declaration.
` And so we're seeking guidance, you know, from
`the board as to how to proceed tomorrow. And, you
`know, it's our position that inquiring into all of
`the contents of these documents that might get into
`the operation of a system, secondary
`considerations, opinions would all be beyond the
`scope of the declaration and beyond what would be
`routine discovery.
` And, again, you know, we've -- it's our
`position that if he is actually going to probe the
`contents of the 400-plus page document, that would
`be -- become oppressive to the witness, frankly.
`And so we were asking that the board, you know,
`limit this. And, again, so that we could avoid
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`
`Petitioner Microsoft Corporation, Ex. 1050, p. 6
`Microsoft Corp. v. Windy City Innovations, LLC, IPR2016-01155
`
`
`
`Transcript of PTAB Conference Call
`Conducted on February 28, 2017
`
`7
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`having to round up for tomorrow, during the
`deposition, to avoid the having the witness have to
`sit through this while lawyers argue about it. And
`so that's why we're here today.
` JUDGE LEE: Thank you, Mr. Siegel. And
`Mr. Lambrianakos, are you going to be doing the
`presentation for patent owner?
` MR. LAMBRIANAKOS: Your Honor, Mr. Rubino will
`be doing the presentation.
` JUDGE LEE: Very good. Mr. Rubino, you may
`proceed.
` MR. RUBINO: Morning, your Honor.
` So it's the patent owner's position, as we
`explained to petitioner, that we are entitled to
`discuss with the witness and probe into each of the
`paragraphs of the declaration. And the declaration
`is not, in our view, as petitioner seems to allege,
`it's just for authentication purposes.
` It talks about the witness's experience at a
`company, attaches a calendar of events for that
`company, Exhibit 1018 in the 1067 proceeding. And
`it goes into many paragraphs about systems that the
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`Petitioner Microsoft Corporation, Ex. 1050, p. 7
`Microsoft Corp. v. Windy City Innovations, LLC, IPR2016-01155
`
`
`
`Transcript of PTAB Conference Call
`Conducted on February 28, 2017
`
`8
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`author worked on to establish that those systems
`existed, that he developed software, that he put
`out products.
` For example, we'll draw the board's
`direction -- attention to paragraph 20 of his
`declaration where he says [as read]: One of the
`features I was responsible for and designing and
`programming was the internet connectivity option
`which was an add-on for the major BBS version 6.25.
` So, for example in that context, we feel that
`we should be entitled to ask him what that is and
`why he put that in a declaration, what that
`internet connectivity option was that he
`programmed.
` Your Honors, we don't intend to treat this as
`an expert deposition. We don't think that, you
`know, he's an expert. However, we would like to
`bring to the board's attention that the last fact
`deposition we had for Dr. Donath last week -- it
`came to our attention during the deposition that
`Ms. Donath was being paid by Microsoft. And
`Microsoft refused to allow the witness to testify
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`Petitioner Microsoft Corporation, Ex. 1050, p. 8
`Microsoft Corp. v. Windy City Innovations, LLC, IPR2016-01155
`
`
`
`Transcript of PTAB Conference Call
`Conducted on February 28, 2017
`
`9
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`about the content, or the preparation of the
`declaration, considerations put into drafting the
`paragraphs, who drafted it, et cetera, as covered
`by Rule 26 for expert testimony.
` So, I mean, even in that regard, you know, if
`this was just a simple authentication declaration,
`of course we wouldn't really even take the
`deposition. But here, it appears to us that
`there's more going on here. And there are
`definitely facts the witness intends -- or facts
`the witness has presented at declaration that we
`should be entitled to probe.
` JUDGE LEE: Thank you, Mr. Rubino.
`Mr. Siegel, what about that? He's -- Mr. Rubino
`just referenced, for example, paragraph 20 of the
`declaration of Mr. Stein. He does testify that he
`is responsible for designing and programming the
`internet connectivity option. He also says that
`the internet connectivity option was deployed on
`the Glyphicons system. Why is he not entitled to
`inquire into that?
` MR. SIEGEL: Well, the purpose of that
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`Petitioner Microsoft Corporation, Ex. 1050, p. 9
`Microsoft Corp. v. Windy City Innovations, LLC, IPR2016-01155
`
`
`
`Transcript of PTAB Conference Call
`Conducted on February 28, 2017
`
`10
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`paragraph is to lay the foundation for the
`remaining part of the paragraph which is to
`authenticate and to discuss the publication of the
`article, the September 1994 article, where that
`announced the connectivity option.
` I mean, we -- we tried to lay out a
`declaration to prove the public availability of
`these documents such that as Mr. Rubino said, that
`they wouldn't even need to take his deposition.
`The petitioner has only cited to Mr. Stein's
`declaration for the purpose of proving that these
`materials qualify as prior art, did not cite to
`these for any other purpose.
` And again, what that means, the calendar is
`another example that Mr. Rubino cited to. Again,
`we provided that to support Mr. Stein's
`recollection as to the distribution and publication
`of these materials. I mean, if he wants to ask
`about his recollection of the events and, you know,
`you know, how the calendar supports his
`recollection, I mean, that's fine. But getting
`into, you know, day-to-day activities at the
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`Petitioner Microsoft Corporation, Ex. 1050, p. 10
`Microsoft Corp. v. Windy City Innovations, LLC, IPR2016-01155
`
`
`
`Transcript of PTAB Conference Call
`Conducted on February 28, 2017
`
`11
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`company or how these systems operated are not
`relevant to these proceedings.
` JUDGE LEE: Mr. Siegel, you can confirm that
`petitioner does not intend to proffer Mr. Stein as
`an expert witness or offer any expert opinions for
`Mr. Stein?
` MR. SIEGEL: That's correct.
` JUDGE LEE: All right. Mr. Rubino, do you
`have any last comments before the panel
`deliberates?
` MR. RUBINO: Yes. So, thank you, your Honors.
` The point about authentication, the petitioner
`keeps saying, "authentication, authentication," but
`this isn't just an authentication declaration. The
`witness didn't just attach documents and say,
`Attached are true and correct copies of these
`documents.
` The witness is trying to establish, as a fact
`witness, that certain events happened and that
`certain documents are, in fact, prior art. That
`goes well beyond authentication.
` So, you know, if it were an authentication
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`Petitioner Microsoft Corporation, Ex. 1050, p. 11
`Microsoft Corp. v. Windy City Innovations, LLC, IPR2016-01155
`
`
`
`Transcript of PTAB Conference Call
`Conducted on February 28, 2017
`
`12
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`declaration, as I said, we wouldn't be here. We're
`not taking the deposition of their attorneys
`authenticating documents from the internet that
`they downloaded, et cetera.
` But the fact of the matter is they put in this
`declaration that they believe they needed to show
`that these items were prior art and we feel that we
`should be able to probe into the veracity of the
`statements, into the evidence presented. And
`that's really as far as we plan on going with it,
`to get into the evidence presented by the
`petitioner.
` JUDGE LEE: Understood. Thank you,
`Mr. Rubino. And thank you, Mr. Siegel. The panel
`is going to deliberate and we will be back shortly.
` MR. SIEGEL: Thank you.
` [Pause.]
` JUDGE LEE: Thank you for waiting. So, upon
`review, it seems to the panel that Mr. Stein's
`testimony does go beyond mere authentication. He
`does provide factual testimony relating to the
`prior art status public availability of certain
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`Petitioner Microsoft Corporation, Ex. 1050, p. 12
`Microsoft Corp. v. Windy City Innovations, LLC, IPR2016-01155
`
`
`
`Transcript of PTAB Conference Call
`Conducted on February 28, 2017
`
`13
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`documents, prior art references, et cetera.
` And thus, at this point, based on what the
`parties have presented, the panel's not prepared to
`regulate the scope of the deposition in advance,
`beyond, of course, what was already provided in our
`rules.
` We remind patent owners' counsel that in the
`deposition, certainly you can ask about the
`testimony presented in the declaration and related
`documents, but as for the documents, only as they
`relate to the testimony provided, not carte blanche
`to ask any questions about the documents that may
`not be actually related to the testimony.
` Are there any questions? We'll start with
`you, Mr. Siegel.
` MR. SIEGEL: Well, I -- well, for instance, I
`mean, as an example, in Ms. Donath's deposition
`last week, questions were asked that went towards
`things like whether or not her research had been
`praised or criticized, whether or not she abandoned
`her research, things like that. And to me, that is
`beyond the scope of her declaration, and would be
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`Petitioner Microsoft Corporation, Ex. 1050, p. 13
`Microsoft Corp. v. Windy City Innovations, LLC, IPR2016-01155
`
`
`
`Transcript of PTAB Conference Call
`Conducted on February 28, 2017
`
`14
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`beyond the scope of Mr. Stein's declaration.
` So I guess I would ask -- I mean, again, I
`mean, just I would -- from what I understand you're
`saying, you would agree, the board would agree,
`that those types of questions would be beyond the
`scope of the permissible -- the questions.
` JUDGE LEE: It's very difficult, obviously, to
`pre-judge in advance about questions that haven't
`been asked yet. So what we would entrust the
`parties is that patent owner's counsel will respect
`the rules, the board's rules regarding depositions
`and the scope of them.
` And to the extent that it is petitioner's view
`that a certain question goes beyond the scope,
`objections can be lodged and the admissibility of
`the testimony can be addressed in the context of a
`motion to exclude.
` MR. SIEGEL: Thank you, your Honor.
` JUDGE LEE: Mr. Siegel, any other questions?
` MR. SIEGEL: Not at this time, your Honor.
` JUDGE LEE: Mr. Rubino?
` MR. RUBINO: No questions from patent owners,
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`Petitioner Microsoft Corporation, Ex. 1050, p. 14
`Microsoft Corp. v. Windy City Innovations, LLC, IPR2016-01155
`
`
`
`Transcript of PTAB Conference Call
`Conducted on February 28, 2017
`
`15
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`your Honor.
` JUDGE LEE: Thank you both for your
`presentations, and the call is adjourned.
`(At 10:26 a.m. the proceedings are concluded.)
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`Petitioner Microsoft Corporation, Ex. 1050, p. 15
`Microsoft Corp. v. Windy City Innovations, LLC, IPR2016-01155
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`
`
`Transcript of PTAB Conference Call
`
`Conducted on February 28, 2017
`
`16
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`STATE OF FLORIDA
`
`)
`
`COUNTY OF PINELLAS
`
`)
`
`I, Dawn A. Hillier, RMR, CRR, CLR certify that I
`
`was authorized to and did stenographically report the
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`foregoing proceedings, and that the transcript is a true
`
`DAWN A. HILLIER, RMR, CRR, CLR
`
`record of my stenographic notes.
`
`Dated this 13th day of March, 2017.
`
`PLANET DEPOS
`
`888.433.3767 | WWW.PLANETDEPOS.COM
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`Petitioner Microsoft Corporation, Ex. 1050, p. 16
`Microsoft Corp. v. Windy City Innovations, LLC, IPR2016-01155
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`
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`A
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`Transcript of PTAB Conference Call
`Conducted on February 28, 2017
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`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`Petitioner Microsoft Corporation, Ex. 1050, p. 17
`Microsoft Corp. v. Windy City Innovations, LLC, IPR2016-01155
`
`
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`clr
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`3: 3colleague
`3: 7com
`2:8, 2: 7,
`2: 8, 2:27, 2:28
`comments
`:9company
`7:20, 7:2 ,
`:concerned
`5: 9concluded
`5:4conclusion
`4:8conference
`:20, 4:22
`confirm
`:3connectivity
`8:8, 8: 3,
`9: 8, 9: 9, 0:5
`consider
`6:4considerations
`6: 4, 9:2
`content
`9:contents
`5: 7, 6: 2,
`6: 9context
`8: 0, 4: 6
`copies
`: 6
`copy
`4:8corporation
`:5correct
`:7, : 6
`could
`3:7, 4: 9,
`
`Transcript of PTAB Conference Call
`Conducted on February 28, 2017
`5:20, 6:22
`3:9, 3:22,
`counsel
`4:definitely
`2:9, 3:9, 3:20,
`4: 3, 3:7,
`9: 0deliberate
`4: 0
`counsels
`2: 5
`deliberates
`2: 9, 2:29
`county
`: 0
`deployed
`6:2course
`9: 9deposed
`9:7, 3:5
`court
`6:2deposition
`4:2, 4:3, 4:4,
`4:6covered
`4: 4, 5: ,
`5: 5, 5:20, 6:5,
`7:2, 8: 6, 8: 9,
`9:3criticized
`8:20, 9:8, 0:9,
`2:2, 3:4,
`3:20
`crr
`3:8, 3: 7
`depositions
`:2 , 6:4,
`5: 3, 4:
`6: 3
`designing
`D
`8:7, 9: 7
`date
`developed
`: 8dated
`8:2difficult
`6:8david
`4:7dillon
`: 6dawn
`2: 2, 3: 7
`dillon@sidley
`:2 , 4:4,
`2: 8direction
`6:4, 6: 3
`day
`8:5discovery
`6:8day-to-day
`6: 6discuss
`0:22
`dbs
`7: 5, 0:3
`5:2dc
`distribution
`0: 7
`2: 5declaration
`document
`5: 0, 6: 9
`5:9, 5: 7,
`documents
`5:22, 6:8, 6: 5,
`5: 8, 6: 2,
`7: 6, 8:6, 8: 2,
`0:8, : 5,
`9:2, 9:6, 9: ,
`: 7, :20,
`9: 6, 0:7,
`2:3, 3: ,
`0: , : 4,
`3: 0, 3: 2
`2: , 2:6,
`doing
`7:6, 7:9
`
`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`18
`
`donath
`6:2, 8: 9, 8:2
`donath's
`3: 7
`downloaded
`2:4dr
`8: 9drafted
`9:3drafting
`9:2draw
`8:4during
`7: , 8:20
`E
`each
`4:9, 5: 7, 7: 5
`easthom
`: 6, 3:3
`either
`4:2elements
`5:6entitled
`7: 4, 8: ,
`9: 2, 9:20
`entrust
`4:9esquire
`2:2, 2: ,
`2: 2, 2:2 , 2:22
`establish
`8: , : 8
`et
`9:3, 2:4, 3:
`even
`9:5, 9:7, 0:9
`events
`7:20, 0: 9,
`: 9
`evidence
`2:9, 2:
`example
`8:4, 8: 0,
`9: 5, 0: 5,
`
`Petitioner Microsoft Corporation, Ex. 1050, p. 18
`Microsoft Corp. v. Windy City Innovations, LLC, IPR2016-01155
`
`
`
`3: 7
`exclude
`4: 7
`exhibit
`7:2existed
`8:2expedition
`5:20experience
`7: 9expert
`8: 6, 8: 7,
`9:4, :5
`explained
`7: 4extent
`4: 3
`F
`fact
`8: 8, : 8,
`:20, 2:5
`facts
`5:9, 9: 0
`factual
`2:2faint
`4: 8fairly
`6:5far
`2: 0
`features
`8february
`: 8feel
`8: 0, 2:7
`filed
`4:9fine
`0:2firm
`3:2fishing
`5:20florida
`:23, 6:
`
`Transcript of PTAB Conference Call
`Conducted on February 28, 2017
`foregoing
`4: 6, 7:8, 7: 2,
`4: 8, 4:20,
`6:6foundation
`5:honors
`0:frankly
`3:22, 8: 5,
`:however
`6:20full
`8: 7
`5: 6
`I
`G
`iii
`gentleman
`2:22including
`4:getting
`5: 7indicated
`0:2glyphicons
`5: 6innovations
`9:20go
`:8inquire
`2:20
`goes
`9:2inquired
`5:2 , 7:22,
`:2 , 4: 4
`going
`5: 3inquiring
`4: 5, 6: 8,
`6:instance
`7:6, 9:9, 2: 0,
`2: 5
`good
`3: 6
`intend
`3:2, 3: 0,
`3: 5, 3: 8, 4: ,
`8: 5, :4
`intends
`4:5, 4:6, 7: 0
`guess
`5: 6, 9: 0
`internet
`4:2guidance
`8:8, 8: 3,
`6:9
`9: 8, 9: 9, 2:3
`introduce
`3: 4ipr
`happened
`: 9
`:items
`heard
`: 6here
`2:7
`J
`4: 2, 7:4, 9:8,
`jmicallef@sidley
`9:9, 2:
`hillier
`2: 7joe
`:2 , 4:4, 4:5,
`6:4, 6: 3
`3: 6john
`honor
`3:5, 3: 0,
`: 6joseph
`3: 5, 3: 8,
`2:
`
`H
`
`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`19
`
`judge
`3:2, 3:7, 4: ,
`4:5, 4:7, 4: 2,
`4: 7, 4:2 , 7:5,
`7: 0, 9: 3,
`:3, :8,
`2: 3, 2: 8,
`4:7, 4: 9,
`4:2 , 5:2
`judges
`: 6, 3:3
`K
`karl
`: 6keeps
`: 3
`klarquist
`2:3, 3:
`know
`4: 8, 6:6, 6:9,
`6: , 6: 7,
`6:2 , 8: 7, 9:5,
`0: 9, 0:20,
`0:22, :22
`L
`lambrianakos
`2:2 , 3: 8,
`3: 9, 7:6, 7:8
`large
`:23last
`5: 3, 6: ,
`8: 8, 8: 9,
`:9, 3: 8
`lawyers
`7:3lay
`0: , 0:6
`least
`4: 8, 4: 9
`lee
`: 6, 3:2, 3:7,
`4: , 4:5, 4:7,
`4: 2, 4: 7,
`4:2 , 7:5, 7: 0,
`9: 3, :3,
`
`Petitioner Microsoft Corporation, Ex. 1050, p. 19
`Microsoft Corp. v. Windy City Innovations, LLC, IPR2016-01155
`
`
`
`M
`
`:8, 2: 3,
`2: 8, 4:7,
`4: 9, 4:2 ,
`5:2let's
`3:8limit
`6:22limited
`5:2line
`3:4, 3: 3, 4:2
`little
`4: 8llc
`:8llp
`2:3, 2: 3, 2:23
`lodged
`4: 5
`major
`5:2, 8:9
`make
`3:7manual
`5:2many
`7:22mapped
`5:5march
`6:8materials
`0: 2, 0: 8
`matter
`5: 3, 2:5
`mckone
`: 6, 3:3
`mean
`5:22, 9:5,
`0:6, 0: 8,
`0:2 , 3: 7,
`4:2, 4:3
`means
`0: 4
`mere
`2:20
`
`N
`
`Transcript of PTAB Conference Call
`Conducted on February 28, 2017
`micallef
`operations
`2: , 3:6,
`5:2opinions
`3: 5, 3: 6
`microsoft
`6: 4, :5
`oppressive
`:5, 3: 2,
`8:2 , 8:22
`6:20option
`might
`6: 2more
`8:8, 8: 3,
`9: 8, 9: 9, 0:5
`oregon
`9:9morning
`2:6other
`3:2, 3: 0,
`3: 5, 3: 8,
`5: 2, 0: 3,
`3:22, 4: , 4:5,
`4: 9
`out
`4:6, 4: 5, 7: 2
`most
`8:3, 0:6
`over
`5:6motion
`5:4owner
`4: 7
`:9, 2:29,
`need
`3:20, 5: ,
`5: 4, 5: 5, 6:6,
`0:9needed
`7:7owner's
`2:6new
`7: 3, 4: 0
`owners
`2:25notary
`3:7, 4:22
`P
`:22notes
`p-r-o-c-e-e-d-i--
`n-g-s
`6:7
`O
`3:page
`objections
`6: 9pages
`4: 5
`obviously
`5:5paid
`4:7offer
`8:2panel
`:5office
`:9, 2: 4,
`:one
`2: 9
`panel's
`8:6only
`3:3paragraph
`0: 0, 3: 0
`5: 8, 8:5,
`operated
`9: 5, 0: , 0:2
`:operation
`paragraphs
`7: 6, 7:22, 9:3
`6: 3
`
`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`20
`
`part
`0:2parties
`3:4, 4:7, 3:3,
`4: 0
`party
`4:2patent
`: , :3, :9,
`: 2, 2:29,
`3:20, 5: ,
`5: 4, 5: 5, 6:6,
`7:7, 7: 3, 3:7,
`4: 0, 4:22
`pause
`2: 7
`permissible
`4:6peter
`2:2 , 3: 9
`petitioner
`:6, 2:9, 2: 9,
`3:9, 3: 2, 3: 6,
`4: 3, 5:4, 5:5,
`7: 4, 7: 7,
`0: 0, :4,
`: 2, 2: 2
`petitioner's
`4: 3
`phone
`5:pinellas
`6:2place
`:20plambrianakos@br-
`ownrudnick
`2:27plan
`2: 0
`plus
`6: 9point
`: 2, 3:2
`portland
`2:4, 2:6
`position
`6: , 6: 8,
`
`Petitioner Microsoft Corporation, Ex. 1050, p. 20
`Microsoft Corp. v. Windy City Innovations, LLC, IPR2016-01155
`
`
`
`7: 3practicable
`4: 0praised
`3:20
`pre-judge
`4:8preparation
`9:prepared
`3:3presentation
`4: 5, 7:7, 7:9
`presentations
`5:3presented
`9: , 2:9,
`2: , 3:3,
`3:9primary
`5:3prior
`5:3, 0: 2,
`:20, 2:7,
`2:22, 3:
`probably
`6:3probe
`5: 6, 6: 8,
`7: 5, 9: 2, 2:8
`proceed
`4: 7, 6: 0,
`7:proceeding
`7:2proceedings
`5:4, :2,
`5:4, 6:6
`products
`8:3proffer
`:4programmed
`8: 4programming
`8:8, 9: 7
`proper
`5: 4
`
`Transcript of PTAB Conference Call
`Conducted on February 28, 2017
`prove
`reference
`5: 0, 0:7
`4: 2, 5:3, 6:4
`provide
`referenced
`2:2provided
`9: 5references
`0: 6, 3:5,
`3:refused
`3:providing
`8:22regard
`5:9proving
`9:5regarding
`0:public
`4: 3, 4:
`regulate
`:22, 5: 0,
`0:7, 2:22
`3:4relate
`publication
`0:3, 0: 7
`3:related
`purpose
`9:22, 0: ,
`3:9, 3: 3
`relating
`0: 3
`purposes
`2:2relevant
`7: 8put
`4: 0, :2
`relied
`8:2, 8: 2, 9:2,
`2:5
`5:3remaining
`Q
`qualify
`0:2remind
`0: 2
`question
`3:7reminding
`4: 4
`questions
`4:7report
`6:7, 3: 2,
`6:5reporter
`3: 4, 3: 8,
`4:5, 4:6,
`4:2, 4:3, 4:4,
`4:8, 4: 9,
`4:6representing
`4:22
`R
`3: 2request
`read
`8:6really
`4: 3research
`5:22, 9:7,
`3: 9, 3:2
`2: 0
`respect
`recollection
`4: 0
`0: 7, 0: 9,
`responsible
`0:2record
`8:7, 9: 7
`result
`6:7
`5: 2review
`2: 9
`
`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`21
`
`right
`:8rmr
`:2 , 6:4,
`6: 3
`robert
`4: 4, 5:8
`room
`4:22round
`7:routine
`6: 6rubino
`2:22, 3:2 ,
`3:22, 7:8, 7: 0,
`7: 2, 9: 3,
`9: 4, 0:8,
`0: 5, :8,
`: , 2: 4,
`4:2 , 4:22
`rudnick
`2:23, 3: 9
`rule
`9:4rules
`3:6, 4:
`S
`said
`0:8, 2:
`salmon
`2:5sam
`3: 7samuel
`2: 2, 2: 8
`say
`: 5
`saying
`: 3, 4:4
`says
`8:6, 9: 8
`scope
`5: 4, 5: 6,
`5:2 , 6:7, 6: 5,
`3:4, 3:22,
`4: , 4:6,
`
`Petitioner Microsoft Corporation, Ex. 1050, p. 21
`Microsoft Corp. v. Windy City Innovations, LLC, IPR2016-01155
`
`
`
`4: 2, 4: 4
`secondary
`6:4, 6: 3
`seeking
`6:9seems
`7: 7, 2: 9
`september
`0:4short
`5:9, 6:4, 6:5
`shortly
`2: 5
`should
`4:9, 8: ,
`9: 2, 2:8
`show
`2:6sidley
`2: 3, 3: 3,
`3: 6siegel
`2:2, 3:5, 3: 0,
`3: , 4: ,
`4: 4, 4: 6,
`4:20, 4:22, 7:5,
`9: 4, 9:22,
`:3, :7,
`2: 4, 2: 6,
`3: 5, 3: 6,
`4: 8, 4: 9,
`4:20
`siegel@klarquist
`2:8signature-ipxzi
`6:simple
`9:6sir
`4:3sit
`7:3social
`6:3software
`8:2soon
`4: 0
`
`Transcript of PTAB Conference Call
`Conducted on February 28, 2017
`sparkman
`taking
`2:3, 3:
`5: , 2:2
`speak
`talks
`4: 9speaker
`7: 9telephone
`5:square
`2:2, 2: ,
`2: 2, 2:2 , 2:22
`testify
`2:24start
`8:22, 9: 6
`testimony
`3:9, 3: 4
`state
`9:4, 2:20,
`2:2 , 3:9,
`:22, 6:
`statements
`3: , 3: 3,
`4: 6
`2:9states
`th
`6:8thank
`:status
`7:5, 9: 3,
`2:22
`stein
`: , 2: 3,
`2: 4, 2: 6,
`4: 4, 5:8,
`2: 8, 4: 8,
`5: 5, 9: 6,
`5:2themselves
`:4, :6
`stein's
`3: 4things
`5:2 , 0: 0,
`0: 6, 2: 9,
`3: 9, 3:2
`4:stenographic
`think
`8: 6through
`6:7stenographically
`7:3time
`6:5street
`: 9, 4:20
`2:5, 2: 4
`times
`submitted
`2:24today
`5:8support
`3:20, 4: 2, 7:4
`0: 6
`todd
`supports
`2:2, 2:8, 3:
`0:20
`tomorrow
`sw
`5: , 5: 5,
`2:5system
`6: 0, 7:
`towards
`5:2, 6: 3, 9:20
`systems
`3: 8
`trade
`7:22, 8: , :
`T
`2:4trademark
`take
`:transcript
`9:7, 0:9
`4:9, 6:6
`
`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`22
`
`transpired
`5: 2treat
`8: 5trial
`:3tried
`0:6true
`: 6, 6:6
`trying
`: 8
`turn
`5:20two
`5: 2types
`4:5
`U
`understand
`4:3understood
`2: 3
`united
`:
`veracity
`2:8version
`8:9via
`:20, 2:2,
`2: , 2: 2,
`2:2 , 2:22
`view
`6:6, 7: 7,
`4: 3
`vincent
`2:22, 3:2
`vrubino@brownrud-
`nick
`2:28
`waiting
`2: 8
`
`V
`
`W
`
`Petitioner Microsoft Corporation, Ex. 1050, p. 22
`Microsoft Corp. v. Windy City Innovations, LLC, IPR2016-01155
`
`
`
`23
`
`Transcript of PTAB Conference Call
`Conducted on February 28, 2017
`0
`5
`
`6
`
`503.595
`2:7
`6.25
`8:9
`8
`8,458,245
`: 2
`9
`97204
`2:6
`
`wants
`0: 8
`washington
`2: 5we'll
`8:4, 3: 4
`we're
`4: 2, 5: 9,
`6:9, 7:4, 2:
`we've
`6: 7web
`6:3week
`5: 3, 6: ,
`8: 9, 3: 8
`went
`6:7, 3: 8
`whether
`3: 9, 3:20
`windy
`:8witness
`6:20, 7:2,
`7: 5, 8:22,
`9: 0, 9: ,
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`: 8, : 9
`witness's
`7: 9worked
`8:world
`2:4wouldn't
`9:7, 0:9, 2:
`Y
`york
`2:25
`.4800
`2:26.5300
`2:7.8388
`2: 6
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`.
`
`01
`: 901141
`:
`1
`10
`: 9, 5:4
`10036
`2:251018
`7:21067
`7:2121
`2:513
`6:81501
`2: 41600
`2:51994
`0:4
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`20
`8:5, 9: 5
`20005
`2: 52016
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`: 8, 6:8
`202.736
`2: 6212.209
`2:2626
`: 9, 9:4, 5:4
`28
`: 8
`4
`400
`5:4, 6: 9
`
`PLANET DEPOS
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`Petitioner Microsoft Corporation, Ex. 1050, p. 23
`Microsoft Corp. v. Windy City Innovations, LLC, IPR2016-01155
`
`