Nathaniel Polish, Ph.D. - March 17, 2017
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`Page 1
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` UNITED STATES PATENT AND TRADEMARK OFFICE
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` BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`_________________________
`
`WEBPOWER, INC., )
`
` ) Inter Partes Review
`
` Petitioner, ) Case No. 2016-01238
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` V. ) Patent No. 8,122,141
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`WAG ACQUISITION, LLC )
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` Patent Owner. )
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`_________________________)
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` DEPOSITION OF NATHANIEL POLISH, PH.D.
`
` New York, New York
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` Friday, March 17, 2017
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` 10:30 a.m.
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`Reported By: Goldy Gold, RPR
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`Page 1
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` UNITED STATES PATENT AND TRADEMARK OFFICE
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_________________________
`
`WEBPOWER, INC., )
`
` ) Inter Partes Review
`
` Petitioner, ) Case No. 2016-01238
`
` V. ) Patent No. 8,122,141
`
`WAG ACQUISITION, LLC )
`
` Patent Owner. )
`
`_________________________)
`
` DEPOSITION OF NATHANIEL POLISH, PH.D.
`
` New York, New York
`
` Friday, March 17, 2017
`
` 10:30 a.m.
`
`Reported By: Goldy Gold, RPR
`
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`Nathaniel Polish, Ph.D. - March 17, 2017
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`Page 2
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` Deposition of NATHANIEL POLISH,
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`PH.D., taken on behalf of the Petitioner,
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`at the offices of the Offices of Venable,
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`1270 Avenue of the America, New York, New
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`York 10020 beginning at 10:30 a.m. and
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`ending at 12:15 p.m. on Friday, March
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`17, 2017, before Goldy Gold, a Registered
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`Professional Reporter and a Notary Public
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`of the State of New York.
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`Nathaniel Polish, Ph.D. - March 17, 2017
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`Page 3
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` A P P E A R A N C E S
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`For Petitioner Webpower, Inc.:
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` MATT DUSHEK, ESQUIRE
`
` BAKER & MCKENZIE
`
` 815 Connecticut Avenue, Northwest
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` Washington, D.C. 20006
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` 202-452-7032
`
` matt.dushek@bakermckenzie.com
`
`For Petitioner Webpower Inc.:
`
` JONATHAN L. FALKLER, ESQUIRE
`
` VENABLE, LLP
`
` 1270 Avenue of the Americas
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` New York, New York 10020
`
` 212-370-6273
`
` jlfalkler@venable.com
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`Nathaniel Polish, Ph.D. - March 17, 2017
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`Page 4
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` A P P E A R A N C E S (continued)
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`For Patent Owner WAG Acquisition, LLC:
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` M. MICHAEL LEWIS, ESQUIRE
`
` LEWIS BAACH, PLLC
`
` 405 Lexington Avenue
`
` 62nd Floor
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` The Chrysler Building
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` New York, New York 10174
`
` michael.lewis@lewisbaach.com
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`Nathaniel Polish, Ph.D. - March 17, 2017
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`Page 5
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` I N D E X
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`WITNESS: NATHANIEL POLISH, PH.D.
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`EXAMINATION PAGE
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`MR. ABRAMSON 7
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` * * *
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`Nathaniel Polish, Ph.D. - March 17, 2017
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`Page 6
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` E X H I B I T S
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`EXHIBIT NO. DESCRIPTION PAGE
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`Exhibit 1001 Patent 141 7
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`Exhibit 1003 U.S. Patent No. 6,389,473 22
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`Exhibit 1005 Declaration 30
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`Exhibit Paper 1 Petition 32
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`Exhibit 2101 Declaration 48
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` * * *
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`Nathaniel Polish, Ph.D. - March 17, 2017
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`Page 7
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` DEPOSITION OF NATHANIEL POLISH, PH.D.
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` March 17, 2017
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` NATHANIEL POLISH, PH.D.,
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`having been first duly sworn, testified
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`as follows:
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`EXAMINATION BY
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`MR. ABRAMSON:
`
` Q. Good morning, Dr. Polish.
`
` A. Good morning.
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` MR. ABRAMSON: Let me mark this
`
` 141 patent as Polish Exhibit 1001.
`
` (Whereupon, Patent 141 marked as
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` Polish Exhibit 1001 for identification
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` as of this date by the Reporter.)
`
`THE ATTORNEY:
`
` Q. Dr. Polish, are you familiar
`
`with this patent?
`
` A. Yes, I am.
`
` Q. You're familiar with the claims
`
`of this patent; correct?
`
` A. Yes.
`
` Q. Now, I'd like to direct your
`
`attention to column 8 --
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` A. Okay.
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`Nathaniel Polish, Ph.D. - March 17, 2017
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`Page 8
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` Q. -- line 35. Starting there, and
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`go over to column 9, line 13.
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` Can you take a quick look at
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`that, if you will.
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` A. From 35 to 13?
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` Q. Yes. 35 on column 8 to line 13
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`on column 9.
`
` A. Okay.
`
` Q. So starting at line 35, you see
`
`where it says: No another embodiment. Do
`
`you see that?
`
` A. Yes.
`
` Q. And when you see the words
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`"another embodiment," do you understand
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`that to be making a distinction between
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`embodiments that were described earlier in
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`the specification?
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` MR. FALKLER: Objection to the
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` form.
`
` A. I understand it to be describing
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`another version of the invention. It
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`could be in addition to, or it could be
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`something totally separate. But it's
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`describing another system.
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` Q. The server is connected to the
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`Nathaniel Polish, Ph.D. - March 17, 2017
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`Page 9
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`internet and provision that is initially
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`described. Do you see that?
`
` A. Yes.
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` Q. The server buffer manager or the
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`media source provides for sequentially
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`numbering the media data elements. Do you
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`see that?
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` A. Yes.
`
` Q. The server buffer manager does
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`not maintain a pointer into the buffer for
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`each user. Do you see that?
`
` A. Into the server buffer for each
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`user, yes.
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` Q. Yes. And you agree that there
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`were other embodiments described in this
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`specification where the server buffer
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`manager didn't maintain a pointer into the
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`server for its user; correct?
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` A. I don't recall that specific
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`point. It's entirely possible. I don't
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`recall whether it specifically did or not.
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` Q. You recognize the difference
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`between maintaining a pointer into the
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`buffer for each user and not doing that;
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`correct?
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`Nathaniel Polish, Ph.D. - March 17, 2017
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`Page 10
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` A. For this particular patent, or
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`in general?
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` Q. In general.
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` A. Yes.
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` Q. Do you see where it says -- then
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`continuing: Instead the media player
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`buffer manager and user computer maintains
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`a record of the serial number of the last
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`data element that had been received. Do
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`you see that?
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` A. Yes.
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` Q. Via the use of standard
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`communication protocol techniques such as
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`TCP, the user computer transmits a request
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`to the server to send one or more data
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`elements specified in the serial numbers
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`of the data elements. Do you see that?
`
` A. Yes.
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` Q. The server responds by sending
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`the requested data elements and depends on
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`the reliable transmission protocol to
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`short delivery. Do you see that?
`
` A. Yes.
`
` Q. The user computer then continues
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`with additional data requests with
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`Nathaniel Polish, Ph.D. - March 17, 2017
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`Page 11
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`duration of playing the radio visual
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`material. Do you see that?
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` A. Yes.
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` Q. In this manner, the user
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`computer, not the server, maintains the
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`record of the highest data element number
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`stored in the user computer buffer. Do
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`you see that?
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` A. Yes.
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` Q. The media data will be
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`transmitted to the user computer as fast
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`as the data connection between the user
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`computer and the server will allow. Do
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`you see that?
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` A. Yes.
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` Q. As before, the server provides a
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`buffer manager and a FIFO buffer, and
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`provides a means for receiving the
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`sequential media data elements from a
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`broadcast media source or a file-based
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`media source, and storing those data
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`elements in the FIFO buffer. Do you see
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`that?
`
` A. Yes.
`
` Q. The buffer manager comprises
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`Nathaniel Polish, Ph.D. - March 17, 2017
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`Page 12
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`means for receiving the media data,
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`supplying media data in order to the FIFO
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`buffer, supplying the FIFO buffer with a
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`predetermined number of data elements.
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`And once the FIFO buffer is full, deleting
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`the oldest data element in the buffer as
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`each new data element is received. Do you
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`see that?
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` A. Yes.
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` Q. Such means is arranged to
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`maintain the predetermined number of data
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`elements in the FIFO buffer. Do you see
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`that?
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` A. Yes.
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` Q. At least one user computer is
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`connected to the server via the internet.
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`Do you see that?
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` A. Yes.
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` Q. Continuing. The user computer
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`is associated with a media player software
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`incorporating a user buffer and comprises
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`means for receiving and storing a
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`predetermined number of media data
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`elements playing the data out sequentially
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`as audio and/or video, and deleting media
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`Nathaniel Polish, Ph.D. - March 17, 2017
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`Page 13
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`data elements from the buffer as they're
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`played out. Do you see that?
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` A. Yes.
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` Q. As data is played out, the next
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`sequential data elements are requested
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`from the server in such a fashion as to
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`approximately maintain the predetermined
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`number of data elements in the user's
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`buffer. Do you see that?
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` A. Yes.
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` Q. It should be understood the data
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`media arrived out of sequence and the
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`processes in the media player or the media
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`player buffer manager are responsible for
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`properly arranging this data. Do you see
`
`that?
`
` A. Yes.
`
` Q. Now, turning to claim 10 on the
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`patent, column 13.
`
` A. Okay.
`
` Q. Do you see some correspondence
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`between the passages we just read and the
`
`recital at the top of column 14 concerning
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`a media player for receiving and playing
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`the streaming media on said system which
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`Nathaniel Polish, Ph.D. - March 17, 2017
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`Page 14
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`is operatable to obtain media data
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`elements from said server by transmitting
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`the request to said server to send one or
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`more specified media data elements?
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` MR. FALKLER: Objection to the
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` form.
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` A. What do you mean by
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`correspondence there?
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` Q. Well, do you find disclosure for
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`that in the paragraphs of specification we
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`just read?
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` MR. FALKLER: Objection to the
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` form.
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` A. Well, there's disclosure for
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`that throughout the specification.
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`Certainly the passages that you just read
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`into the record are, at least in part,
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`reflect what's in the claim.
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` Q. Okay. And similarly with regard
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`to beginning at line 16, machine readable
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`executable routine containing instructions
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`to cause the server to assign serial
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`identifiers to sequential media data
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`elements and its comprising equivalent.
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` You saw some reference to the
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`Nathaniel Polish, Ph.D. - March 17, 2017
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`Page 15
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`server being able to assign sequential
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`numbering of the media data elements in
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`that passage we read?
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` MR. FALKLER: Objection to the
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` form.
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` A. Yes.
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` Q. And then in the following
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`clause: Machine readable executable
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`routine maintaining instructions to cause
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`the server to receive requests from the
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`user system for one or more media data
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`elements specifying the identifiers of the
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`requested data elements. Do you see
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`corresponding language in column 8?
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` MR. FALKLER: Objection to the
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` form.
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` A. Yes, I believe what we read in
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`column 8 would perform this step.
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` Q. And similarly, on line 24,
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`machine readable executable routine
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`contains instructions to cause the server
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`to send media data elements to the user
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`system responsive to said requests at a
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`rate more rapid than the rate at which the
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`streaming media is played back by a user.
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`Nathaniel Polish, Ph.D. - March 17, 2017
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`Page 16
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`Do you see corresponding disclosure in
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`column 8?
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` MR. FALKLER: Objection to the
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` form.
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` A. I don't think the disclosure on
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`column 8 specifically addresses that
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`question. No, I don't think it
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`specifically addresses whether it's being
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`sent at a rate that's greater than the
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`playback rate.
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` Q. You do see where it says that it
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`will send as fast as the connection -- you
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`do see where it says media data will be
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`transmitted to the user computer as fast
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`as the data connection between the user
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`computer and server will allow. Do you
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`see that?
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` A. Yes, I do. I mean, I see that,
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`but that doesn't refer to whether that
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`rate is, in fact, faster than the media
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`consumption rate.
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` Q. Not right there in that
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`sentence; correct?
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` A. Correct. Nor anywhere in the
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`part that we just read through.
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`Nathaniel Polish, Ph.D. - March 17, 2017
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` Q. Not in those paragraphs.
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` A. Right.
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` Q. What is your understanding of
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`how the embodiment describes the two
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`paragraphs from column 8 and column 9
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`works?
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` MR. FALKLER: Objection to the
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` form.
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` A. You're asking me to summarize
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`those paragraphs?
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` Q. Just state your understanding of
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`how the embodiment -- strike that.
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` Do you see where it begins in
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`column 8 line 35, in another embodiment,
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`et cetera, et cetera.
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` I'm asking you to give us your
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`understanding of how that embodiment works
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`according to this description.
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` MR. FALKLER: Objection to the
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` form.
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` A. You're asking me to do something
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`different than what's described in these
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`paragraphs? You're asking me to summarize
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`it.
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` Q. In your words, as best you can,
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`describe how this embodiment works.
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` MR. FALKLER: Objection to the
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` form.
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` A. I think the best guide to how it
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`works is what the patent says. I think
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`it's simply saying that the -- that on the
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`server, the elements are numbered, and
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`that those numbered elements are requested
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`by the client computer.
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` And, I mean, there's a
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`description in here of what amounts to a
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`circular buffer, because this description
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`of a FIFO on the server, they talk about
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`it getting rid of the oldest element as
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`new stuff comes in. So that's in effect
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`of circular buffer.
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` I'm not sure what I can do to
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`summarize it more than what's in -- than
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`what's described in the patent, unless you
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`wanted to --
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` Q. That's fair. Let me ask you
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`some specific questions.
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` A. Yes.
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` Q. I'll accept that. You refer to
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`the text itself as the best you can
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`describe it.
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` A. Well, I mean, the text -- the
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`author of the patent wrote these words
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`down actually fairly compact, and they're
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`describing a lot of material. Unless I
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`knew what I was summarizing with respect
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`to, I'm not sure what I can really add to
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`it.
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` Q. Let me ask you this: So what's
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`being described here is a combination of
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`a-- strike that.
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` It is both a server and a client
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`that works with that server; correct?
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` A. Yes, it is a description of a
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`server component and a client component.
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` Q. And the server has numbered
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`media data elements in its storage;
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`correct?
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` A. Yes, it receives data elements,
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`and it numbers them and stores them.
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` Q. And the client requests those
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`elements by their serial identifiers; is
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`that right?
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` A. It requests one or more data
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`elements, and it's somehow specifying
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`serial numbers of the data elements that
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`it wants. So the client is making
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`requests of the server giving it one or
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`more elements that it wants, and it's
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`using the serial numbers to specify.
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` Q. How does the system, if at all,
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`regulate the rate of flow of the data from
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`the server to the client?
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` MR. FALKLER: Objection to form.
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` A. Well, in terms of the rate of
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`flow, all that we really know from this is
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`that the server tries to fulfill the
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`request as quickly as it can over the
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`channel. So whatever request the client
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`has made, the server makes the --
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`satisfies the request as quickly as it can
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`given the channel.
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` And that -- let's see. There's
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`a notion in here, and I'm looking at
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`column 9, line 6: As data is played out
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`from the client, the next sequential data
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`elements are requested from the server so
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`as to approximately maintain the
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`predetermined number of the data elements
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`in the user's buffer.
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`Nathaniel Polish, Ph.D. - March 17, 2017
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` So that's a little bit vague as
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`to what they're talking about as far as
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`data rates. But it suggests that as data
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`is played out, more data is requested.
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` What's a little bit unclear on
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`it, from point of view, as far as rates
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`go, is they talk about the next sequential
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`data elements, plural. So it's not saying
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`get the next one. It's saying the next
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`some number. And it's also trying to
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`maintain a predetermined number of data
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`elements, not necessarily the same amount
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`of data.
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` I don't know if these paragraphs
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`are aiming at data flow, but I think they
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`are looking at who's in control.
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` Q. Who's in control?
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` A. The client is making requests,
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`and then the server fulfills them as quick
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`as it can.
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` Q. So if the client doesn't make a
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`request, there is nothing for the server
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`to fulfill?
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` A. It will fulfill whatever is
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`open. And once that's done, it won't do
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`Nathaniel Polish, Ph.D. - March 17, 2017
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`anything further.
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` Q. Looking at claim 10 -- let's put
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`that aside for a moment.
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` MR. ABRAMSON: Let me mark
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` another exhibit. This will be Polish
`
` Exhibit 1003.
`
` (Whereupon, U.S. Patent No.
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` 6,389,473 was marked as Polish Exhibit
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` 1003 for identification as of this
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` date by the Reporter.)
`
`THE ATTORNEY:
`
` Q. Dr. Polish, the court reporter
`
`has just handed you an exhibit marked as
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`Exhibit 1003.
`
` Can you tell us what this is?
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` A. This is U.S. Patent
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`No. 6,389,473 to Carmel, et al.
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` Q. Are you familiar with this
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`document?
`
` A. Yes, I am.
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` Q. You understand this is the one
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`of the prior art references cited in this
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`proceeding against the 141 patent;
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`correct?
`
` A. Yes.
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`Nathaniel Polish, Ph.D. - March 17, 2017
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` Q. What's your understanding of how
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`the preferred embodiment in this invention
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`works?
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` A. At a high level, what happens
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`here is there are a number of devices.
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`There is a camera. There is what they
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`call the transmitting computer that takes
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`video from the camera, encodes it, and
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`slices the video into segments of
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`generally equal size.
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` They are given serial numbers,
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`and then transferred via FTP up to a web
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`server where they are stored, and there's
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`an index file created with an index to the
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`number files.
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` And then client computers
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`connect to that web serve using HTTP, and
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`they make requests for those numbered
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`slices, they're called, to be downloaded
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`to those client computers which then takes
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`those slices and play them out.
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` Q. Okay. Let's turn to column 8,
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`line 8. Before I get there, there are
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`references -- in your testimony, you refer
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`to a transmitting computer?
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` A. Yes.
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` Q. Would that correspond to that
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`computer 34 in the figures?
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` A. Yes, I believe that is -- that
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`is 34, say, in figure 2.
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` Q. And you also refer in your
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`testimony to transfer via FTP through a
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`server. Would that be what's referred to
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`in the figures as network server 36?
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` MR. FALKLER: Objection to the
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` form.
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` A. We are referring to it as a web
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`server, yes, that's number 36.
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` Q. And you also referred to client
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`computers?
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` A. Yes.
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` Q. I'd like to ask you if those
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`would be represented in these figures by
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`the elements numbered 30, for example, in
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`figure 2?
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` A. Yes, they were.
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` Q. Now, going to column 8, line 8.
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`Do you see where it says that a user of
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`computers 30 may choose to begin
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`downloading data screen 40 from an earlier
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`Nathaniel Polish, Ph.D. - March 17, 2017
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`point in time. Strike that.
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` The next sentence, line 9:
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`Further alternative with stream 40 may be
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`multicast to clients 30, as is known in
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`the art, typically without the use of an
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`index file. Do you see that?
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` A. Yes.
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` Q. So in the case of a multicast,
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`that implies the server transmitting
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`slices in a series at a rate that the
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`server determines; correct?
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` A. In that particular embodiment,
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`what they're suggesting is that it's a
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`multicast, which would be where the server
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`is sending out broadcast packets going to
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`anybody who is listening, independent of
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`any input from the clients.
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` Q. And you see in column 8, the top
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`of column 8, the description is: When one
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`of computers 30 connect to server 36, it
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`begins to download the data stream. Do
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`you see that?
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` A. Yes.
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` Q. It first reads an index file in
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`order to identify at what point in stream
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`40 to begin. Do you see that?
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` A. Yes.
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` Q. At the start receiving the data
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`stream substantial in realtime preferably
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`with only minimal lag as it is transmitted
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`from computer 34. Do you see that?
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` A. Yes.
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` Q. So instead of streaming the
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`exact same slice to all recipients as a
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`multicast, this, what's described in that
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`sentence, allows each user to start
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`streaming from a specified point; is that
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`right?
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` A. Yes. So in what you just
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`described, at the top of column 8, is the
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`client computer reading an index file
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`which contains information about the
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`slices including their numbers, and then
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`the client computer starts from the
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`specified place as compared to later in
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`that paragraph where you could simply
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`connect up to a multicast and receive what
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`slices are being sent.
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` Q. Thank you.
`
` Now, I want to go back to the
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`first exhibit we marked, the 141 patent.
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` A. Okay.
`
` Q. Here it is. So in column 8
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`lines 44 to 46, do you see where it says:
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`The user computer transmits a request to
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`the server to send one or more data
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`elements specifying serial numbers of the
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`data elements. Do you see that?
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` A. Yes.
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` Q. You also see that in column 9,
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`line 6 it states as data -- this is in the
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`paragraph that starts off referring to the
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`user computer. And you see where it says:
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`As data is played out, the next sequential
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`data elements are requested from the
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`server in such a fashion as to
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`approximately maintain the predetermined
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`number of data elements in the user's
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`buffer. Do you see that?
`
` A. Yes.
`
` Q. So according to this
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`description, the request to send one or
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`more data elements is key to maintaining
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`the client buffer at a specified level; is
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`that correct?
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` MR. FALKLER: Objection to the
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` form.
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` A. I don't know about key. There's
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`no question, as described in this
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`paragraph on column 9, that one or more
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`elements are requested so as to maintain a
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`predetermined number of data elements in
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`the user buffer. That's why the user's
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`computer is making the request so as to
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`maintain the approximate predetermine
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`number of elements in the buffer.
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` Q. Okay. And if that's the case,
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`if that's why the client is making those
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`requests, the words "one or more" in this
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`context can't be understood to refer to an
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`unlimited number of data elements;
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`correct?
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` MR. FALKLER: Objection to the
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` form.
`
` A. I don't see why it couldn't.
`
`What's the --
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` Q. If the server sent an unlimited
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`number of data elements as fast as the
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`channel permitted, that could overflow the
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`user buffer; correct?
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` A. Well, that would be a poor
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`design. If you had a situation where the
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`client requested more data than it could
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`be expected to handle, then you'd have to
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`have some kind of throttling mechanism
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`that would hold off the server to keep it
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`from overflowing.
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` So the question of whether the--
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`what the -- what the sort of metes and
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`bounds of that request would be is a
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`different question, I think, than whether
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`the buffer could handle it.
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` It's a design question at the
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`time you're implementing this whether the
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`request will result in desirable behavior.
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` Q. So the desirable behavior would
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`be to have the server to send a number of
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`elements that the client could handle;
`
`correct?
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` A. Broadly speaking, yes.
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` Q. And in this embodiment, it is
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`the client that's keeping track of what is
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`in its buffer; correct?
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` A. In this embodiment, the client
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`keeps tracks of what's in the buffer, yes.
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` Q. And the server is not keeping
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`track of what's in the client's buffer?
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` A. In this embodiment, yes.
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` MR. ABRAMSON: Would you mind if
`
` we take a quick break.
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` MR. FALKLER: We can. We'd like
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` to be efficient today, if we can.
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` MR. ABRAMSON: We will be.
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` (Whereupon, a short recess was
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` taken.)
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` MR. ABRAMSON: Back on the
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` record.
`
` Let's mark this as Polish
`
` Exhibit 1005.
`
` (Whereupon, declaration was
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` marked as Polish Exhibit 1005 for
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` identification as of this date by the
`
` Reporter.)
`
`THE ATTORNEY:
`
` Q. Dr. Polish, the court reporter
`
`has handed you what's been marked as
`
`Exhibit 1005.
`
` Can you identify what this
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`document is?
`
` A. Sure. This is the declaration
`
`GregoryEdwards, LLC | Worldwide Court Reporting
`GregoryEdwards.com | 866-4Team GE
`
`
`
`Nathaniel Polish, Ph.D. - March 17, 2017
`
`Page 31
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`that I submitted in this action. And this
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`appears to be a signed version of it.
`
` Q. I'd like you to turn to
`
`paragraph 55. Do you see where it says
`
`there, on page 18: Based on my review of
`
`the Carmel reference, it is my opinion
`
`that each of the limitations recited in
`
`claims 10 to 11, 13 to 21 and 23 are
`
`disclosed by Carmel. Do you see that?
`
` A. Yes.
`
` Q. For example, I have reviewed the
`
`description of Carmel and the accompanying
`
`petition, and I agree with it. Do you see
`
`that?
`
` A. Yes.
`
` MR. ABRAMSON: This is going to
`
` be Polish Exhibit -- identified as
`
` Paper 7.
`
` MR. FALKLER: Are you sure this
`
` is Paper 7?
`
` MR. ABRAMSON: I looked it up
`
` last night.
`
` MR. FALKLER: The petition.
`
` MR. ABRAMSON: Oh, I'm sorry.
`
` It's Paper 1. This will be Polish
`
`GregoryEdwards, LLC | Worldwide Court Reporting
`GregoryEdwards.com | 866-4Team GE
`
`
`
`Nathaniel Polish, Ph.D. - March 17, 2017
`
`Page 32
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` Exhibit Paper 1.
`
` (Whereupon, petition was marked
`
` as Polish Exhibit Paper 1 for
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` identification as of this date by the
`
` Reporter.)
`
`THE ATTORNEY:
`
` Q. And is Paper 1 the petition that
`
`you refer to in paragraph 55?
`
` A. Yes.
`
` Q. Now, since you state your
`
`opinion in paragraph 55 that Carmel
`
`discloses each of the limitations of claim
`
`10 --
`
` Let me start over.
`
` Since you stated your opinion,
`
`in paragraph 55, that Carmel discloses
`
`each of the limitations of claim 10, it
`
`must follow that that includes the
`
`limitation in claim 10 of a routine
`
`containing instructions to cause the
`
`server to send media data elements to the
`
`user system responsive to said request at
`
`a rate more rapid than the rate at which
`
`said streaming media is played back by a
`
`user.
`
`GregoryEdwards, LLC | Worldwide Court Reporting
`GregoryEdwards.com | 866-4Team GE
`
`
`
`Nathaniel Polish, Ph.D. - March 17, 2017
`
`Page 33
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` A. Yes.
`
` Q. Okay. Now, going back to the
`
`141 patent.
`
` If you assume that your
`
`transmission channel has more bandwidth
`
`than the maximum data rate of the encoding
`
`of the data -- strike that.
`
` I'll ask you to you assume that
`
`the channel for transmission in the
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`embodiment described in column 8 that we
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`discussed before has more bandwidth than
`
`the maximum data rate of the encoding of
`
`the media. Let's a
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