`
`Page 1
` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
` INTER PARTES REVIEW IPR2016-01141,
` IPR2016-01155 and IPR2016-01067
`
`- - - - - - - - - - - - - - - - - - - x
`Microsoft Corporation,
` Petitioner, Patent No. 8,458,245
`vs. Patent No. 8,694,657
`Windy City Innovations, LLC, Patent No. 8,407,356
` Patent Owner.
`- - - - - - - - - - - - - - - - - - - x
`
` DEPOSITION OF ROBERT STEIN
` Wednesday, March 1, 2017
` Sidley Austin LLP
` 60 State Street
` Boston, Massachusetts
` 9:15 a.m. to 10:29 a.m.
`
` ----Reporter: Karen A. Morgan, CSR/RPR----
`
`1
`2
`3
`4
`
`567
`
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`212-279-9424
`
`Veritext Legal Solutions
`www.veritext.com
`
`212-490-3430
`
`IPR2016-01155 Ex. 2008
`Windy City Innovations, LLC, Patent Owner 1
`
`
`
`ROBERT STEIN
`
`Page 2
`
`APPEARANCES:
`
`KLARQUIST SPARKMAN, LLP
`By Todd M. Siegel, Esquire
`One World Trade Center
`121 SW Salmon Street, Suite 1600
`Portland, Oregon 97204
`503-595-5300
`todd.siegel@klarquist.com
`on behalf of Microsoft Corporation.
`
`BROWN RUDNICK LLP
`By Vincent J. Rubino, III, Esquire
`Seven Times Square
`New York, New York 10036
`212-209-4800
`vrubino@brownrudnick.com
`on behalf of Windy City Innovations, LLC.
`
`1
`
`23
`
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`212-279-9424
`
`Veritext Legal Solutions
`www.veritext.com
`
`212-490-3430
`
`IPR2016-01155 Ex. 2008
`Windy City Innovations, LLC, Patent Owner 2
`
`
`
`ROBERT STEIN
`
`Page 3
`
` I N D E X
`
`EXAMINATION OF: PAGE
`ROBERT STEIN
`By Mr. Rubino 4
`By Mr. Siegel 51
`
` E X H I B I T S
`NO. PAGE
`Exhibit 1 Declaration of Robert N. Stein 21
`Exhibit 2 Excerpt from Boardwatch 26
` Magazine
`Exhibit 3 Excerpt from Boardwatch 29
` Magazine
`
` *Original exhibits returned to Mr. Rubino
`
`1
`
`23
`
`4
`5
`6
`
`789
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`212-279-9424
`
`Veritext Legal Solutions
`www.veritext.com
`
`212-490-3430
`
`IPR2016-01155 Ex. 2008
`Windy City Innovations, LLC, Patent Owner 3
`
`
`
`ROBERT STEIN
`
`Page 4
`
` P R O C E E D I N G S
` ROBERT STEIN, having been
`satisfactorily identified by the production of his
`driver's license and duly affirmed that his
`testimony would be the truth, the whole truth and
`nothing but the truth, testified as follows in
`answer to interrogatories by MR. RUBINO:
` Q. Good morning, Mr. Stein. How are you?
` A. Good morning. I'm fine. Thanks.
` Q. Have you ever been deposed before?
` A. I don't think so.
` Q. So let me just go over a few ground rules.
`I'm going to be asking questions and you will be
`providing the answers. From time to time your
`counsel -- counsel for Microsoft may object. To the
`extent you can answer the question, unless he
`directs you not to, you are to answer the question.
`Do you understand that?
` A. Yes.
` Q. And the court reporter here will be taking
`down your answers. She can't take down things like
`head nods or gestures so all of your answers have to
`be in the form of verbal communication. Do you
`understand that?
` A. Yes.
`
`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
`
`212-279-9424
`
`Veritext Legal Solutions
`www.veritext.com
`
`212-490-3430
`
`IPR2016-01155 Ex. 2008
`Windy City Innovations, LLC, Patent Owner 4
`
`
`
`ROBERT STEIN
`
`Page 5
` Q. Great. A lot of people nod at that point.
` A. With irony or not?
` Q. I don't know why but it just happens all
`the time. So do you understand that you're here
`today to provide some testimony in the context of
`Patent Office proceedings?
` A. Yes.
` Q. And those Patent Office proceedings are
`for petitions filed on behalf of Microsoft?
` A. Yes.
` Q. And did you submit declarations in
`connection with those proceedings?
` A. One.
` Q. One declaration. That declaration may
`have been submitted in multiple proceedings; is that
`right?
` A. I don't know.
` Q. To your understanding you only signed one
`declaration?
` A. Yes.
` Q. When did you first start working with
`Microsoft on this matter?
` A. I believe April last year.
` Q. And what was the context of that
`relationship?
`
`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
`
`212-279-9424
`
`Veritext Legal Solutions
`www.veritext.com
`
`212-490-3430
`
`IPR2016-01155 Ex. 2008
`Windy City Innovations, LLC, Patent Owner 5
`
`
`
`ROBERT STEIN
`
`Page 6
` MR. SIEGEL: And I'll caution the
`witness not to reveal the substance of any
`communications you've had with counsel.
` A. To advise on Galacticom documentation.
` Q. And were you retained by Microsoft in this
`matter?
` A. Define retained.
` Q. Do you have an agreement with Microsoft?
` A. I'm not sure who the agreement is with.
`I signed an agreement. I'm not sure the other
`parties at the moment, whether it was the lawyer or
`Microsoft.
` Q. Are you a consultant at this point or were
`you a consultant at that point with Microsoft? For
`Microsoft.
` A. Before that?
` Q. At the time you signed the agreement. Was
`it a consulting agreement?
` MR. SIEGEL: Objection. Form.
` Q. You can answer if you understand.
` A. I don't know if it -- what's a consulting
`agreement?
` Q. So why did you sign the agreement with
`Microsoft?
` MR. SIEGEL: Objection. Form.
`
`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
`
`212-279-9424
`
`Veritext Legal Solutions
`www.veritext.com
`
`212-490-3430
`
`IPR2016-01155 Ex. 2008
`Windy City Innovations, LLC, Patent Owner 6
`
`
`
`ROBERT STEIN
`
`Page 7
`
` Q. You can answer if you understand.
` A. I signed it because they asked me to.
`Because Todd asked me to.
` MR. SIEGEL: Again, I'll caution the
`witness not to reveal the substance of the
`communications you have had with counsel.
` Q. So at this point in time today sitting
`here, are you a consultant for Microsoft?
` A. Define consultant.
` Q. I'm just trying to understand the
`relationship between you and Microsoft at this
`point. How would you characterize your
`relationship?
` A. I wouldn't characterize it. I have a
`relationship with Todd Siegel.
` Q. You signed an agreement with Todd Siegel
`or with Microsoft?
` A. One of the two.
` Q. Did you contact Todd or Microsoft or did
`they contact you?
` A. They contacted me.
` Q. Why did they contact you?
` MR. SIEGEL: Again, I'd caution the
`witness not to reveal the substance of any
`communications you've had with counsel.
`
`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
`
`212-279-9424
`
`Veritext Legal Solutions
`www.veritext.com
`
`212-490-3430
`
`IPR2016-01155 Ex. 2008
`Windy City Innovations, LLC, Patent Owner 7
`
`
`
`ROBERT STEIN
`
`Page 8
` A. For advice on Galacticom documentation.
` Q. And at the time did you understand that
`was in the context of a Patent Office proceeding?
` A. Yes.
` Q. Are you also working with them for the
`district court case?
` A. I don't know.
` Q. Do you know whether there is a district
`court case?
` A. I don't know what that is.
` Q. Do you understand that there are certain
`patents for which my client Windy City has alleged
`infringement by Microsoft?
` A. That's what I understand, yes.
` Q. What documents did you provide to counsel?
` A. Some system operations manuals, some
`developers guides, some magazine articles. What
`else? That's what I remember.
` Q. Are you being compensated for your time?
` A. Yes.
` Q. About how much money has Microsoft paid
`you for your time in this case?
` MR. SIEGEL: Objection. Form.
` A. I don't know who has paid me but I don't
`remember the total.
`
`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
`
`212-279-9424
`
`Veritext Legal Solutions
`www.veritext.com
`
`212-490-3430
`
`IPR2016-01155 Ex. 2008
`Windy City Innovations, LLC, Patent Owner 8
`
`
`
`ROBERT STEIN
`
`Page 9
`
` Q. Is it on the order of thousands of
`dollars?
` A. Yes.
` Q. Tens of thousands?
` A. No.
` Q. Do you expect you will continue to be paid
`by either Microsoft or someone on behalf of
`Microsoft as we proceed through these matters?
` A. Yes.
` Q. Do you plan to submit any expert
`declarations in these IPR proceedings?
` A. I'm not sure it's an expert declaration.
` Q. Do you plan to submit an additional
`declaration?
` A. I don't know. If they ask me to.
` Q. About how much time did you spend working
`on your declaration in this case?
` A. I don't remember. It's man weeks. A few
`man weeks.
` Q. Did you prepare for your deposition today
`in any way?
` A. Not today.
` Q. Did you prepare for this deposition in any
`way?
` A. Yes.
`
`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
`
`212-279-9424
`
`Veritext Legal Solutions
`www.veritext.com
`
`212-490-3430
`
`IPR2016-01155 Ex. 2008
`Windy City Innovations, LLC, Patent Owner 9
`
`
`
`ROBERT STEIN
`
`Page 10
`
` Q. How did you prepare?
` A. I read over the declaration, carefully
`checked the facts.
` Q. Did you meet with Todd?
` A. Yes.
` Q. What did you discuss?
` MR. SIEGEL: Objection. I caution
`the witness not to reveal the substance of any
`communications.
` A. We talked about the declaration.
` Q. When Microsoft or Todd contacted you --
`let me rephrase that so it's a little clearer. When
`someone on behalf of Microsoft first contacted you
`in this case, did they suggest that you might have
`information about the Galacticom documentation?
` MR. SIEGEL: Objection. Again,
`we're getting really close into attorney work
`product and privileged information and it's outside
`the scope.
` MR. RUBINO: I'm just trying to get
`into, you know -- counsel, you have said this is an
`authentication declaration deposition and I'm trying
`to find out where the documents came from.
` MR. SIEGEL: Fine.
` MR. RUBINO: It's relevant whether
`
`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
`
`212-279-9424
`
`Veritext Legal Solutions
`www.veritext.com
`
`212-490-3430
`
`IPR2016-01155 Ex. 2008
`Windy City Innovations, LLC, Patent Owner 10
`
`
`
`ROBERT STEIN
`
`Page 11
`you provided them to him or he provided them to you.
` MR. SIEGEL: Just ask the questions
`in a way that you don't have to ask for
`communications.
` Q. Did Microsoft ask you for the documents or
`did you volunteer them to Microsoft?
` A. They asked me.
` Q. Are there any documents that you found on
`your own that you provided to Microsoft that they
`hadn't been aware of?
` A. Yes.
` Q. What documents are those?
` A. Magazine articles.
` Q. Were those magazine articles in your
`possession?
` A. Some.
` Q. Sitting here today without looking at the
`declaration do you have an understanding as of what
`documents you referenced in that declaration?
` A. Yes.
` Q. What documents did you reference?
` A. The system operations manual, the
`developers guide, several magazine articles, a
`company calendar. There might have been others. I
`can't remember.
`
`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
`
`212-279-9424
`
`Veritext Legal Solutions
`www.veritext.com
`
`212-490-3430
`
`IPR2016-01155 Ex. 2008
`Windy City Innovations, LLC, Patent Owner 11
`
`
`
`ROBERT STEIN
`
`Page 12
` Q. Was it one system operations manual or
`multiple system operations manuals?
` A. One.
` Q. What system operations manual was it?
` A. The system operations manual Galacticom
`wrote for Version 6.2 of The Major BBS.
` Q. Who authored that document?
` A. I did.
` Q. Did you author the entire document?
` A. Yes.
` Q. Did anyone else help you with it?
` A. Yes.
` Q. Who else helped you with it?
` A. There was a co-worker who did the
`typesetting.
` Q. What was his name or her name?
` A. Cheri Anderson I believe.
` Q. There were other people working --
` A. There were multiple people doing the
`typesetting. That was one of them.
` Q. What was your position at the time you
`authored the article?
` MR. SIEGEL: Objection. Form.
` Q. Sorry. What was your position at the time
`you authored the system operation manual?
`
`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
`
`212-279-9424
`
`Veritext Legal Solutions
`www.veritext.com
`
`212-490-3430
`
`IPR2016-01155 Ex. 2008
`Windy City Innovations, LLC, Patent Owner 12
`
`
`
`ROBERT STEIN
`
`Page 13
` A. I don't remember my title but my duties
`included software and technical writing.
` Q. When you say software and technical
`writing, are you referring to programming or writing
`about software?
` A. Programming.
` Q. Were there other people at Galacticom who
`were also responsible for those same tasks of
`software and technical writing?
` A. Just software. I was the only technical
`writer.
` Q. Why were you the only technical writer?
` A. It was all we needed and I was really good
`at it.
` Q. So how did you go about putting together
`the system operations manual? Were you responsible
`for programming the whole thing? Did you have
`knowledge of the whole system?
` A. No.
` Q. So how did you go about putting the
`document together?
` A. I started with diagrams. I asked a few
`people about software I was less familiar with.
` Q. What software were you less familiar with?
` A. Some of the features of The Major BBS.
`
`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
`
`212-279-9424
`
`Veritext Legal Solutions
`www.veritext.com
`
`212-490-3430
`
`IPR2016-01155 Ex. 2008
`Windy City Innovations, LLC, Patent Owner 13
`
`
`
`ROBERT STEIN
`
`Page 14
` Q. Do you remember which features those were?
` A. Teleconference.
` Q. So your description of teleconference came
`from conversations with others at Major BBS; right?
` A. Possibly.
` Q. And was it your intention to write this
`document to capture how The Major BBS System Version
`6.2 worked at the time?
` A. Yes.
` Q. Did it capture how Major BBS System
`Version 6.2 worked at the time?
` A. Yes.
` Q. Were there any inaccuracies you can think
`of sitting here today?
` A. No.
` Q. Did you ever get feedback from any
`customers saying there was any inaccuracy?
` A. I don't recall.
` Q. Now, when you put together this document,
`was it supposed to capture a particular
`configuration of The Major BBS or is this the entire
`system, every possible configuration?
` MR. SIEGEL: Objection. Form.
` A. Sorry, Todd. I didn't hear you.
` MR. SIEGEL: Objection. Form.
`
`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
`
`212-279-9424
`
`Veritext Legal Solutions
`www.veritext.com
`
`212-490-3430
`
`IPR2016-01155 Ex. 2008
`Windy City Innovations, LLC, Patent Owner 14
`
`
`
`ROBERT STEIN
`
`Page 15
`
` A. Repeat the question.
` MR. RUBINO: Will you read it back?
` (Question was read back by the stenographer.)
` A. Just the baseline configuration.
` Q. What do you mean by just the baseline
`configuration?
` A. The Major BBS had several add-on products.
`I documented the BBS without any add-on products.
` Q. And this was a system, The Major BBS, that
`someone would install on a computer; right?
` A. Yes.
` Q. And the system operations manual explained
`different ways you could install it; right?
` A. Yes.
` Q. And you had multiple paths you can go down
`for your configuration of the BBS; right?
` MR. SIEGEL: Objection. Outside the
`scope.
` A. Define paths.
` Q. There were many different ways you could
`configure your BBS; right?
` A. Yes.
` Q. And some of them were mutually exclusive.
`You couldn't do two configurations at the same time.
` MR. SIEGEL: Objection. Outside the
`
`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
`
`212-279-9424
`
`Veritext Legal Solutions
`www.veritext.com
`
`212-490-3430
`
`IPR2016-01155 Ex. 2008
`Windy City Innovations, LLC, Patent Owner 15
`
`
`
`ROBERT STEIN
`
`Page 16
`
`scope.
` A. I don't recall.
` Q. Did the Version 6.2 system operations
`manual describe an internet add-on?
` A. No.
` Q. At the time you authored the system
`operations manual, were you aware of an internet
`add-on?
` A. No.
` Q. What was the time frame you authored the
`system operations manual?
` A. Original version in 1992. Version 6.2 I
`brought it up to date in early 1994.
` Q. At the time in 1994 you still were not
`aware of an internet connectivity option?
` A. Yes.
` Q. Was there ever a system operations manual
`that you're aware of for The Major BBS that
`described an internet connectivity option?
` A. No.
` Q. Was there a system operations manual or a
`later version of Galacticom software that described
`an internet connectivity option?
` A. No.
` Q. At the time you authored this document,
`
`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
`
`212-279-9424
`
`Veritext Legal Solutions
`www.veritext.com
`
`212-490-3430
`
`IPR2016-01155 Ex. 2008
`Windy City Innovations, LLC, Patent Owner 16
`
`
`
`ROBERT STEIN
`
`Page 17
`your intention was to capture -- when I say this
`document -- let me rephrase. At the time you
`authored the system operations manual and brought it
`up to date in 1994, your intention was to capture
`the available features of The Major BBS; right?
` MR. SIEGEL: Objection. Form.
`Outside the scope. The document speaks for itself.
` A. What's my appropriate response here?
` Q. I'm asking you for --
` MR. RUBINO: Can you read the
`question back?
` (Question was read back by the stenographer.)
` MR. SIEGEL: Subject to my
`objections you can answer the question.
` A. And what else can I do? Just stay silent
`or say I object too?
` Q. So I mean in the context of this
`proceeding you have to answer the question unless
`your counsel directs you not to to the extent you
`understand the question.
` A. One more time repeat the question.
` (Question was read back by the stenographer.)
` MR. SIEGEL: Same objections.
` A. Only the baseline.
` Q. Was there some other documentation for
`
`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
`
`212-279-9424
`
`Veritext Legal Solutions
`www.veritext.com
`
`212-490-3430
`
`IPR2016-01155 Ex. 2008
`Windy City Innovations, LLC, Patent Owner 17
`
`
`
`ROBERT STEIN
`
`Page 18
`
`non-baseline features?
` A. Yes.
` Q. What was that?
` A. Depended on the add-on option.
` Q. How?
` A. Different add-on options had documentation
`in different forms.
` Q. Was there an internet add-on option?
` A. Yes.
` Q. Was there documentation for that internet
`add-on option?
` A. Yes.
` Q. What was that documentation called?
` A. I don't recall.
` Q. Do you have a copy of it?
` A. I don't.
` Q. Do you know when that documentation was
`available?
` A. Yes.
` Q. When was that available?
` A. No later than December '94.
` Q. Is that about the same time you brought
`the system operations manual up to date?
` A. No.
` Q. When did you bring the system operations
`
`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
`
`212-279-9424
`
`Veritext Legal Solutions
`www.veritext.com
`
`212-490-3430
`
`IPR2016-01155 Ex. 2008
`Windy City Innovations, LLC, Patent Owner 18
`
`
`
`ROBERT STEIN
`
`Page 19
`
`manual up to date?
` A. Early 1994. No later than March '94.
` Q. Are you aware of another document called
`the developers guide?
` A. Yes.
` Q. What was that document?
` A. It was for software developers to
`customize The Major BBS or to write add-on options
`of their own.
` Q. What do you mean by customize?
` A. Add features.
` Q. So the features of The Major BBS weren't
`set in stone; right?
` A. Correct.
` Q. You could do lots of things with it?
` A. Yes.
` Q. Did you ever characterize it as limitless
`or without bounds or was there some way you would
`characterize it?
` MR. SIEGEL: Objection. Form.
` Q. Let me ask a different question. At the
`time did you tout the features of The Major BBS as
`allowing significant user customizability?
` A. That's accurate.
` Q. Is there any other way you would describe
`
`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
`
`212-279-9424
`
`Veritext Legal Solutions
`www.veritext.com
`
`212-490-3430
`
`IPR2016-01155 Ex. 2008
`Windy City Innovations, LLC, Patent Owner 19
`
`
`
`ROBERT STEIN
`
`Page 20
`
`it?
` A. No.
` Q. Did the developers guide include
`documentation for the internet connectivity add-on?
` A. No.
` Q. When was the developers guide authored?
` A. I authored many versions of it. The one
`referenced in the declaration was authored before --
`on or before January '94 as I recall.
` Q. Were there any other later versions of the
`document that you're aware of?
` A. Of that document?
` Q. Yes.
` A. I don't know.
` Q. So the only version of the document you
`had in your possession was the version from 1994;
`right? The latest version was from 1994.
` A. I don't recall what version I had in my
`possession.
` Q. Is this one of the documents Microsoft
`provided to you or did you provide this to
`Microsoft?
` A. They provided it to me.
` Q. Did you look for documentation related to
`the internet connectivity option?
`
`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
`
`212-279-9424
`
`Veritext Legal Solutions
`www.veritext.com
`
`212-490-3430
`
`IPR2016-01155 Ex. 2008
`Windy City Innovations, LLC, Patent Owner 20
`
`
`
`ROBERT STEIN
`
`Page 21
`
` A. Yes.
` Q. Couldn't find it?
` A. Correct.
` Q. So you have no idea. You don't remember
`what it said? I'll withdraw the question. So the
`only evidence you have in your declaration about the
`existence of this internet connectivity option are
`two magazine articles; right?
` MR. SIEGEL: Objection. Form.
` Q. I'm asking you about your declaration
`itself.
` A. Okay. I forget. I thought there was more
`but maybe.
` Q. Did Microsoft ask you to look for the
`internet connectivity option documentation?
` A. I don't recall.
` MR. RUBINO: This will be Exhibit 1.
`It's a document that states it's Exhibit 1011 from
`IPR 2016-01067.
` (Exhibit 1 was marked for
` identification.)
` Q. Is this the declaration you submitted in
`connection with this case?
` (Witness perused document.)
` A. As far as I can tell.
`
`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
`
`212-279-9424
`
`Veritext Legal Solutions
`www.veritext.com
`
`212-490-3430
`
`IPR2016-01155 Ex. 2008
`Windy City Innovations, LLC, Patent Owner 21
`
`
`
`ROBERT STEIN
`
`Page 22
` Q. Does this declaration refresh your
`recollection as to whether the only evidence,
`documentary evidence you have of the existence of
`the internet connectivity option are the two
`articles Exhibit 1015 and 1014?
` (Witness perused document.)
` A. Yes.
` Q. It says here you were responsible for
`designing and programming the internet connectivity
`option; right?
` A. Yes.
` Q. The only documentary evidence you have of
`the existence of this internet connectivity option
`are two articles written about it; right?
` A. No.
` Q. The only evidence you have in your
`declaration.
` A. No.
` Q. What else in your declaration do you have
`as evidence of the internet connectivity option?
` A. Exhibit 1018.
` Q. What's Exhibit 1018?
` A. Calendar.
` Q. Where in Paragraph 19 -- let me ask you a
`different question. Paragraph 19 is a description
`
`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
`
`212-279-9424
`
`Veritext Legal Solutions
`www.veritext.com
`
`212-490-3430
`
`IPR2016-01155 Ex. 2008
`Windy City Innovations, LLC, Patent Owner 22
`
`
`
`ROBERT STEIN
`
`Page 23
`
`of Exhibit 1018?
` (Witness perused document.)
` A. I didn't complete one yet.
` Q. Is Paragraph 19 the paragraph of your
`declaration where you describe Exhibit 1018?
` A. It's described in there, yes.
` Q. Do you describe Exhibit 1018 in any other
`paragraph of your declaration?
` A. I don't know.
` Q. Will you take a look and let me know?
` (Witness perused document.)
` A. I believe 20 and 21 include data that is
`consistent with Exhibit 1018.
` Q. But you don't mention Exhibit 1018 in
`those paragraphs; right?
` A. I don't see that I do.
` Q. At the time your intention in drafting
`this document was to be complete and accurate;
`right?
` A. This document along with its exhibits.
` Q. When you signed your name on this
`document -- that's your signature on the last page;
`right?
` A. Yes.
` Q. You swore each of these statements was
`
`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
`
`212-279-9424
`
`Veritext Legal Solutions
`www.veritext.com
`
`212-490-3430
`
`IPR2016-01155 Ex. 2008
`Windy City Innovations, LLC, Patent Owner 23
`
`
`
`ROBERT STEIN
`
`Page 24
`
`true and accurate; right?
` A. Yes.
` Q. Your intention was not to leave out key
`facts from these documents, was it?
` A. No.
` Q. Excuse me. Your intention was not to
`leave out key facts from these paragraphs; right?
`Your intention was not to leave out key facts from
`these paragraphs in your declaration; right?
` A. Correct.
` Q. Let's talk about Exhibit 1014. It says in
`Paragraph 20 that that's an article from the
`Boardwatch Magazine; is that right?
` A. Yes.
` Q. Were you responsible for drafting that
`article?
` A. No.
` Q. Who was responsible for drafting that
`article?
` A. Publishers.
` Q. Did you work with the publishers in any
`way during the drafting of that article?
` A. Probably.
` Q. And was this considered to you to be a PR
`piece at the time?
`
`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
`
`212-279-9424
`
`Veritext Legal Solutions
`www.veritext.com
`
`212-490-3430
`
`IPR2016-01155 Ex. 2008
`Windy City Innovations, LLC, Patent Owner 24
`
`
`
`ROBERT STEIN
`
`Page 25
`
` A. Yes.
` Q. And you're touting some new features;
`right?
` A. Yes.
` Q. It was your intention to talk about how
`great they were; right?
` MR. SIEGEL: Objection. Form.
`Outside the scope.
` A. I don't know.
` Q. It was talking about prospective features;
`right? New features, upcoming features?
` MR. SIEGEL: Objection. Outside the
`scope.
` A. I don't remember.
` Q. See the title of the article, Galacticom
`Announces Internet Connectivity Option to The Major
`BBS?
` A. Yes.
` Q. Was that an announcement of availability
`of the option or was that an announcement that the
`option would become available soon?
` A. I don't recall.
` Q. Do you not recall sitting here today or
`did you possibly know that when you drafted this
`paragraph?
`
`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
`
`212-279-9424
`
`Veritext Legal Solutions
`www.veritext.com
`
`212-490-3430
`
`IPR2016-01155 Ex. 2008
`Windy City Innovations, LLC, Patent Owner 25
`
`
`
`ROBERT STEIN
`
`Page 26
`
` A. I don't know.
` MR. RUBINO: Mark as Exhibit 2 a
`document stamped as Exhibit 1014 for the same
`proceeding.
` (Exhibit 2 was marked for
` identification.)
` Q. Is this the article you referred to as
`Exhibit 1014 in your declaration?
` (Witness perused document.)
` A. Yes.
` Q. So I would like to direct your attention
`to Page 6 of this document.
` A. Which document?
` Q. The one you're holding in your hand, 1014.
`Do you see where it says, Galacticom Announces
`Internet Connectivity Option for The Major BBS?
` A. Yes.
` Q. Is this the article you said was drafted
`by some publishers?
` A. Yes.
` Q. And this is a magazine that was drafted by
`others; right? This wasn't drafted by Galacticom?
` A. Correct.
` Q. Did Galacticom also purchase ad space in
`this magazine?
`
`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
`
`212-279-9424
`
`Veritext Legal Solutions
`www.veritext.com
`
`212-490-3430
`
`IPR2016-01155 Ex. 2008
`Windy City Innovations, LLC, Patent Owner 26
`
`
`
`ROBERT STEIN
`
`Page 27
`
` A. Yes.
` Q. Can I draw your attention to Pages 2
`through 3 of the document?
` A. Yes.
` Q. Let me know if that is the ad purchased by
`Galacticom.
` A. One of them.
` Q. Would you have purchased multiple ads in
`this magazine?
` A. I don't know. Some magazines we did.
` Q. So you had both the purchase advertisement
`in the magazine and a description of some features
`that was drafted by the publishers; right?
` A. Correct.
` Q. Would you consider this article to have
`been a favorable characterization of the Galacticom
`system at the time?
` MR. SIEGEL: Objection. Outside the
`scope of the declaration.
` A. I don't know.
` Q. Was that pretty standard that you had some
`ad space in this Boardwatch Magazine?
` A. Yes.
` Q. Was it also fairly standard that
`Boardwatch would write articles about you as well?
`
`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
`
`212-279-9424
`
`Veritext Legal Solutions
`www.veritext.com
`
`212-490-3430
`
`IPR2016-01155 Ex. 2008
`Windy City Innovations, LLC, Patent Owner 27
`
`
`
`ROBERT STEIN
`
`Page 28
`
` A. Yes.
` Q. Was everything said in the Boardwatch
`articles that were written about Galacticom always
`accurate?
` A. I don't know.
` Q. At the time this article was drafted in
`September of '94, was the internet connectivity
`option available?
` A. No.
` Q. So if we take a look at Page 3 of 7 of the
`document. Do you see in the middle column at the
`bottom where it says, and our new internet
`connectivity option lets you integrate a TCP/IP
`stack directly into your BBS?
` A. Yes.
` Q. That wasn't available in September '94;
`right?
` A. I don't recall so, no.
` Q. And the article Galacticom Announces
`Internet Connectivity Option for The Major BBS, that
`article was about a feature you would be releasing
`imminently; right? It wasn't about a feature that
`was already on the market?
` A. Right.
` Q. At the time you were still tinkering with
`
`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
`
`212-279-9424
`
`Veritext Legal Solutions
`www.veritext.com
`
`212-490-3430
`
`IPR2016-01155 Ex. 2008
`Windy City Innovations, LLC, Patent Owner 28
`
`
`
`ROBERT STEIN
`
`Page 29
`it. You were still trying to get it to work, work
`out the bugs, etc.; right?
` MR. SIEGEL: Objection. Form.
` A. As far as I recall.
` Q. When you say as far as you recall, you
`mean as far as you recall yes or as far as you
`recall no?
` A. As far as I recall, yes.
` Q. That was the intention of having an
`article published in Boardwatch was to drum up some
`interest in this new feature; right?
` MR. SIEGEL: Objection. Form.
` A. I don't recall all the intentions we had.
` Q. Do you see the second to the last column
`of the article on Page 7 where it says, Galacticom
`faces a big development curve?
` A. Yes.
` Q. Do you agree with that statement?
` (Witness perused document.)
` A. Yes. It's accurate.
` Q. I would like to draw your attention to
`Exhibit 1015 which I'm going to mark now. This is
`Exhibit 1015 which would be Exhibit 3.
` (Exhibit 3 was marked for
` identification.)
`
`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
`
`212-279-9424
`
`Veritext Legal Solutions
`www.veritext.com
`
`212-490-3430
`
`IPR2016-01155 Ex. 2008
`Windy City Innovations, LLC, Patent Owner 29
`
`
`
`ROBERT STEIN
`
`Page 30
`
` Q. Do you recall this article?
` A. Yes.
` Q. This article is from March of '95; right?
` A. Correct.
` Q. This describes a new Worldgroup software
`you were releasing; r