DAVID FORSYTH PH.D.
`DAVID FORSYTH PH.D.
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`
`March 20, 2017
`March 20, 2017
`1
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`∑1∑ ∑UNITED STATES PATENT AND TRADEMARK OFFICE
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`∑2∑ ∑ ∑ ∑ ∑ ∑_________________________
`
`∑3∑ ∑BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`∑4∑ ∑ ∑ ∑ ∑ ∑_________________________
`
`∑5
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`∑6
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`∑7∑ ∑PRIME FOCUS CREATIVE SERVICES CANADA, INC.
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`∑8∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ PETITIONER,
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`∑9∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ vs.
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`10∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑LEGEND3D, INC.
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`11∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ Patent Owner
`
`12
`
`13∑ ∑ ∑ ∑ ∑ ∑_________________________
`
`14∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑CASEIPR2016-01243
`
`15∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑Patent 7,907,793
`
`16∑ ∑ ∑ ∑ ∑ ∑_________________________
`
`17
`
`18∑ ∑ ∑ ∑DEPOSITION OF DAVID FORSYTH, Ph.D.
`
`19∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑March 20, 2017
`
`20∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑9:21 a.m.
`
`21∑ ∑ ∑ ∑1800 Avenue of the Stars, Ninth Floor
`∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ Los Angeles, California
`22
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`23
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`24∑ ∑ ∑ ∑ ∑ ∑ Diana Janniere, CSR-10034
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`25
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`800.211.DEPO (3376)
`800.211.DEPO (3376)
`EsquireSolutions.com
`EsquireSolutions.com
`
`Legend3D, Inc. Ex. 2021-0001
`IPR2016-01243
`
`
`DAVID FORSYTH PH.D.
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`
`March 20, 2017
`March 20, 2017
`1
`
`∑1∑ ∑UNITED STATES PATENT AND TRADEMARK OFFICE
`
`∑2∑ ∑ ∑ ∑ ∑ ∑_________________________
`
`∑3∑ ∑BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`∑4∑ ∑ ∑ ∑ ∑ ∑_________________________
`
`∑5
`
`∑6
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`∑7∑ ∑PRIME FOCUS CREATIVE SERVICES CANADA, INC.
`
`∑8∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ PETITIONER,
`
`∑9∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ vs.
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`10∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑LEGEND3D, INC.
`
`11∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ Patent Owner
`
`12
`
`13∑ ∑ ∑ ∑ ∑ ∑_________________________
`
`14∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑CASEIPR2016-01243
`
`15∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑Patent 7,907,793
`
`16∑ ∑ ∑ ∑ ∑ ∑_________________________
`
`17
`
`18∑ ∑ ∑ ∑DEPOSITION OF DAVID FORSYTH, Ph.D.
`
`19∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑March 20, 2017
`
`20∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑9:21 a.m.
`
`21∑ ∑ ∑ ∑1800 Avenue of the Stars, Ninth Floor
`∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ Los Angeles, California
`22
`
`23
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`24∑ ∑ ∑ ∑ ∑ ∑ Diana Janniere, CSR-10034
`
`25
`
`800.211.DEPO (3376)
`800.211.DEPO (3376)
`EsquireSolutions.com
`EsquireSolutions.com
`
`Legend3D, Inc. Ex. 2021-0001
`IPR2016-01243
`
`
`
`DAVID FORSYTH PH.D.
`DAVID FORSYTH PH.D.
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`
`March 20, 2017
`March 20, 2017
`2
`
`∑1∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ APPEARANCES OF COUNSEL
`
`∑2
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`∑3∑ ∑For the Petitioner:
`
`∑4∑ ∑ ∑ ∑ IRELL & MANELLA, LLP
`∑ ∑ ∑ ∑ ∑ JOSHUA GLUCOFT, ESQ.
`∑5∑ ∑ ∑ ∑ 1800 AVENUE OF THE STARS, SUITE 900
`∑ ∑ ∑ ∑ ∑ LOS ANGELES, CALIFORNIA∑ 90067
`∑6∑ ∑ ∑ ∑ 310.277.1010
`∑ ∑ ∑ ∑ ∑ jglucoft@irell.com
`∑7
`
`∑8
`∑ ∑ ∑For the Patent Owner:
`∑9
`∑ ∑ ∑ ∑ ∑ SHEPPARD MULLIN
`10∑ ∑ ∑ ∑ ERIC K. GILL, ESQ.
`∑ ∑ ∑ ∑ ∑ TREVOR J. QUIST, ESQ.
`11∑ ∑ ∑ ∑ 12275 EL CAMINO REAL, SUITE 200
`∑ ∑ ∑ ∑ ∑ SAN DIEGO, CALIFORNIA∑ 92130-2006
`12∑ ∑ ∑ ∑ 858.720.8900
`∑ ∑ ∑ ∑ ∑ egill@sheppardmullin.com
`13∑ ∑ ∑ ∑ tquist@sheppardmullin.com
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`14
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`15
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`16
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`17
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`18
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`19
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`20
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`21
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`22
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`23
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`24
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`25
`
`800.211.DEPO (3376)
`800.211.DEPO (3376)
`EsquireSolutions.com
`EsquireSolutions.com
`
`Legend3D, Inc. Ex. 2021-0002
`IPR2016-01243
`
`
`
`DAVID FORSYTH PH.D.
`DAVID FORSYTH PH.D.
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`
`March 20, 2017
`March 20, 2017
`3
`
`∑1∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑INDEX OF EXAMINATION
`
`∑2∑ ∑WITNESS:∑ DAVID FORSYTH, Ph.D.
`
`∑3∑ ∑EXAMINATION∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑PAGE
`
`∑4∑ ∑By Mr. Gill∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑6, 256
`
`∑5∑ ∑By Mr. Glucoff∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑238
`
`∑6
`
`∑7
`
`∑8∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ INDEX OF EXHIBITS
`
`∑9∑ ∑EXHIBIT∑ ∑ ∑ ∑ ∑ ∑ ∑DESCRIPTION∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑PAGE
`
`10∑ ∑ 2017∑ ∑ ∑NOTICE OF DEPOSITION OF DAVID
`∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑FORSYTH, Ph.D.∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑6
`11
`∑ ∑ ∑ 2018∑ ∑ ∑DEPOSITION OF DAVID FORSYTH, Ph.D.
`12∑ ∑ ∑ ∑ ∑ ∑ ∑(Inadvertently marked as a new
`∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑exhibit but previously marked as
`13∑ ∑ ∑ ∑ ∑ ∑ ∑Exhibit 1042)∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑89
`
`14∑ ∑ 2019∑ ∑ ∑COLORED PICTURE∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ 154
`
`15∑ ∑ 2020∑ ∑ ∑COMPUTER VISION A MODERN APPROACH∑ ∑ ∑ 175
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`16
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`17
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`18
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`19
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`20
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`21
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`22
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`23
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`24
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`25
`
`800.211.DEPO (3376)
`800.211.DEPO (3376)
`EsquireSolutions.com
`EsquireSolutions.com
`
`Legend3D, Inc. Ex. 2021-0003
`IPR2016-01243
`
`
`
`DAVID FORSYTH PH.D.
`DAVID FORSYTH PH.D.
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`
`March 20, 2017
`March 20, 2017
`4
`
`∑1∑ ∑ INDEX OF REFERENCED AND PREVIOUSLY MARKED EXHIBITS
`
`∑2∑ ∑EXHIBIT∑ ∑ ∑ ∑ ∑ ∑ ∑DESCRIPTION∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑PAGE
`
`∑3∑ ∑ 1009∑ ∑ ∑CORRECTED DECLARATION OF DAVID
`∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑FORSYTH, Ph.D.∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ 13
`∑4
`∑ ∑ ∑ 1001∑ ∑ ∑U.S. PATENT '793 (BOND)∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑70
`∑5
`∑ ∑ ∑ 2007∑ ∑ ∑COLOUR SPACES, RGB COLOUR SPACE∑ ∑ ∑ ∑ 123
`∑6
`∑ ∑ ∑ 1003∑ ∑ ∑U.S. PATENT '081 (SANDREW)∑ ∑ ∑ ∑ ∑ ∑ ∑131
`∑7
`∑ ∑ ∑ 2005∑ ∑ ∑U.S. PATENT '628 (BOND)∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ 161
`∑8
`∑ ∑ ∑ 1005∑ ∑ ∑PASSMORE PATENT APPLICATION
`∑9∑ ∑ ∑ ∑ ∑ ∑ ∑PUBLICATION U.S. 2009/0219383 A1∑ ∑ ∑ ∑188
`
`10∑ ∑ 1006∑ ∑ ∑U.S. PATENT '475 B2 (SULLIVAN)∑ ∑ ∑ ∑ ∑188
`
`11∑ ∑ 1014∑ ∑ ∑BACKGROUND OF THE INVENTION∑ ∑ ∑ ∑ ∑ ∑ 252
`
`12∑ ∑ 1015∑ ∑ ∑BACKGROUND OF THE INVENTION∑ ∑ ∑ ∑ ∑ ∑ 254
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`13
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`14
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`15
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`16
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`17
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`18
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`19
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`20
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`21
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`22
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`23
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`24
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`25
`
`800.211.DEPO (3376)
`800.211.DEPO (3376)
`EsquireSolutions.com
`EsquireSolutions.com
`
`Legend3D, Inc. Ex. 2021-0004
`IPR2016-01243
`
`
`
`DAVID FORSYTH PH.D.
`DAVID FORSYTH PH.D.
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`∑1∑ ∑INSTRUCTED NOT TO ANSWER
`∑2∑ ∑ ∑ ∑ ∑PAGE∑ ∑ ∑ LINE
`∑3∑ ∑ ∑ ∑ ∑ 257∑ ∑ 14, 21
`∑4∑ ∑ ∑ ∑ ∑ 260∑ ∑ 11, 24
`∑5
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`∑9
`10
`11
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`18
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`25
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`March 20, 2017
`March 20, 2017
`5
`
`800.211.DEPO (3376)
`800.211.DEPO (3376)
`EsquireSolutions.com
`EsquireSolutions.comYVer1f
`
`Legend3D, Inc. Ex. 2021-0005
`IPR2016-01243
`
`
`
`DAVID FORSYTH PH.D.
`DAVID FORSYTH PH.D.
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`∑1∑ ∑ ∑ ∑ ∑ ∑ DEPOSITION OF DAVID FORSYTH, Ph.D.
`∑2∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ March 20, 2017
`∑3
`∑4∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ DAVID FORSYTH, Ph.D.,
`∑5∑ ∑having been first duly sworn, testifies as follows:
`∑6
`∑7∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑ ∑EXAMINATION
`∑8∑ ∑BY MR. GILL:
`∑9∑ ∑ ∑ ∑ Q∑ ∑ Good morning, Dr. Forsyth.
`10∑ ∑ ∑ ∑ A∑ ∑ Good morning.
`11∑ ∑ ∑ ∑ Q∑ ∑ Can you please state your full name for
`12∑ ∑the record?
`13∑ ∑ ∑ ∑ A∑ ∑ My name is David Alexander Forsyth.
`14∑ ∑ ∑ ∑ Q∑ ∑ Okay.∑ And I am going to hand you your
`15∑ ∑deposition notice for this proceeding.
`16∑ ∑ ∑ ∑ A∑ ∑ Thank you.
`17∑ ∑ ∑ ∑ ∑ ∑ ∑(Exhibit 2017 marked.)
`18∑ ∑BY MR. GILL:
`19∑ ∑ ∑ ∑ Q∑ ∑ Do you recognize this document,
`20∑ ∑Dr. Forsyth?
`21∑ ∑ ∑ ∑ A∑ ∑ I do not.
`22∑ ∑ ∑ ∑ Q∑ ∑ Well, this is your Notice of Deposition.
`23∑ ∑And if you look at it, it basically says that you're
`24∑ ∑going to appear to be deposed in this proceeding.
`25∑ ∑ ∑ ∑ ∑ ∑ ∑And other than the location, do you
`
`March 20, 2017
`March 20, 2017
`6
`
`800.211.DEPO (3376)
`800.211.DEPO (3376)
`EsquireSolutions.com
`EsquireSolutions.comYVer1f
`
`Legend3D, Inc. Ex. 2021-0006
`IPR2016-01243
`
`
`
`DAVID FORSYTH PH.D.
`DAVID FORSYTH PH.D.
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`∑1∑ ∑understand that you are here today pursuant to this
`∑2∑ ∑deposition notice?
`∑3∑ ∑ ∑ ∑ A∑ ∑ I do.
`∑4∑ ∑ ∑ ∑ Q∑ ∑ Okay.∑ And you have been deposed before;
`∑5∑ ∑right, sir?
`∑6∑ ∑ ∑ ∑ A∑ ∑ I have been deposed before.
`∑7∑ ∑ ∑ ∑ Q∑ ∑ How many times?
`∑8∑ ∑ ∑ ∑ A∑ ∑ I believe it is either four or five times.
`∑9∑ ∑I know it was four days of deposition.∑ There is
`10∑ ∑some formality whether one was two depositions or
`11∑ ∑one.
`12∑ ∑ ∑ ∑ Q∑ ∑ Okay.∑ Fair enough.
`13∑ ∑ ∑ ∑ ∑ ∑ ∑And, obviously, you speak English; right?
`14∑ ∑ ∑ ∑ A∑ ∑ I speak English.
`15∑ ∑ ∑ ∑ Q∑ ∑ Read English?
`16∑ ∑ ∑ ∑ A∑ ∑ Yes, I read English.
`17∑ ∑ ∑ ∑ Q∑ ∑ Write English?
`18∑ ∑ ∑ ∑ A∑ ∑ Yes, I write English.
`19∑ ∑ ∑ ∑ Q∑ ∑ If I ask you a question, and you don't
`20∑ ∑understand the question, will you agree to let me
`21∑ ∑know?
`22∑ ∑ ∑ ∑ A∑ ∑ Yes, I will let you know.
`23∑ ∑ ∑ ∑ Q∑ ∑ Do you understand the oath that you took
`24∑ ∑today when this deposition began?
`25∑ ∑ ∑ ∑ A∑ ∑ I understand the oath.
`
`March 20, 2017
`March 20, 2017
`7
`
`800.211.DEPO (3376)
`800.211.DEPO (3376)
`EsquireSolutions.com
`EsquireSolutions.comYVer1f
`
`Legend3D, Inc. Ex. 2021-0007
`IPR2016-01243
`
`
`
`DAVID FORSYTH PH.D.
`DAVID FORSYTH PH.D.
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`∑1∑ ∑ ∑ ∑ Q∑ ∑ What is your understanding of that oath?
`∑2∑ ∑ ∑ ∑ A∑ ∑ My understanding of the oath is that I
`∑3∑ ∑should tell the truth fairly and decently.
`∑4∑ ∑ ∑ ∑ Q∑ ∑ Are you on any medication today that would
`∑5∑ ∑prevent you from recalling your opinions, prior
`∑6∑ ∑testimony, or facts, and circumstances, or
`∑7∑ ∑testifying truthfully today?
`∑8∑ ∑ ∑ ∑ A∑ ∑ I am not.
`∑9∑ ∑ ∑ ∑ Q∑ ∑ If you need to take a break for any
`10∑ ∑reason, will you agree to let me know?
`11∑ ∑ ∑ ∑ A∑ ∑ I will agree to let you know.
`12∑ ∑ ∑ ∑ Q∑ ∑ Is there any reason, medical or otherwise,
`13∑ ∑why your deposition should not go forward today?
`14∑ ∑ ∑ ∑ A∑ ∑ There is no reason.
`15∑ ∑ ∑ ∑ Q∑ ∑ Thank you.
`16∑ ∑ ∑ ∑ ∑ ∑ ∑Now, I am not going to ask you to divulge
`17∑ ∑any attorney-work product information, but what did
`18∑ ∑you do to prepare for this deposition today?
`19∑ ∑ ∑ ∑ A∑ ∑ I read the -- I reread the petition,
`20∑ ∑documents attached to the petition; my declaration;
`21∑ ∑the '670 patent; the '793 patent; the notice of
`22∑ ∑objection or notice of something or other; the
`23∑ ∑documents prepared by Legend disagreeing with the
`24∑ ∑petition.∑ I read Sullivan, Passmore.∑ I cast an eye
`25∑ ∑over PTAB's decision.
`
`March 20, 2017
`March 20, 2017
`8
`
`800.211.DEPO (3376)
`800.211.DEPO (3376)
`EsquireSolutions.com
`EsquireSolutions.comYVer1f
`
`Legend3D, Inc. Ex. 2021-0008
`IPR2016-01243
`
`
`
`DAVID FORSYTH PH.D.
`DAVID FORSYTH PH.D.
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`∑1∑ ∑ ∑ ∑ Q∑ ∑ Okay.∑ So you read -- you said that you
`∑2∑ ∑read some documents that were attached to the
`∑3∑ ∑petition?
`∑4∑ ∑ ∑ ∑ A∑ ∑ Rather quickly, but yes.
`∑5∑ ∑ ∑ ∑ Q∑ ∑ Okay.∑ So there were a number of exhibits
`∑6∑ ∑filed with the petition.∑ You read all of those?
`∑7∑ ∑ ∑ ∑ A∑ ∑ I believe I read all of those.∑ Some of
`∑8∑ ∑them very superficially.
`∑9∑ ∑ ∑ ∑ Q∑ ∑ And then you mentioned that you had a look
`10∑ ∑at a patent owner filing in the case?
`11∑ ∑ ∑ ∑ A∑ ∑ Yes.
`12∑ ∑ ∑ ∑ Q∑ ∑ Do you recall whether you looked at any
`13∑ ∑attachments to that document?
`14∑ ∑ ∑ ∑ A∑ ∑ No, I did not look at attachments to that
`15∑ ∑document.∑ I am familiar with one or two of them,
`16∑ ∑but that's about it.
`17∑ ∑ ∑ ∑ Q∑ ∑ Which ones are you familiar with?
`18∑ ∑ ∑ ∑ A∑ ∑ There is a paper by somebody or other and
`19∑ ∑Ramachandran.∑ That's mentioned.∑ I don't know if it
`20∑ ∑is an exhibit.
`21∑ ∑ ∑ ∑ Q∑ ∑ Can you spell that out for us?
`22∑ ∑ ∑ ∑ A∑ ∑ I don't recall --
`23∑ ∑ ∑ ∑ Q∑ ∑ Do your best.
`24∑ ∑ ∑ ∑ A∑ ∑ I don't recall the first two names, but
`25∑ ∑the second name is Ramachandran.
`
`March 20, 2017
`March 20, 2017
`9
`
`800.211.DEPO (3376)
`800.211.DEPO (3376)
`EsquireSolutions.com
`EsquireSolutions.comYVer1f
`
`Legend3D, Inc. Ex. 2021-0009
`IPR2016-01243
`
`
`
`DAVID FORSYTH PH.D.
`DAVID FORSYTH PH.D.
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`∑1∑ ∑R-A-M-A-C-H-A-N-D-R-A-N.
`∑2∑ ∑ ∑ ∑ Q∑ ∑ So any other documents that we have not
`∑3∑ ∑already covered that you've reviewed in preparing
`∑4∑ ∑for this deposition?
`∑5∑ ∑ ∑ ∑ A∑ ∑ Sullivan, Passmore, '607, '793, various
`∑6∑ ∑legal bits and pieces, which I think -- I think that
`∑7∑ ∑is the correct list.
`∑8∑ ∑ ∑ ∑ Q∑ ∑ Any of these documents and your review of
`∑9∑ ∑them, change any of your opinions in this matter?
`10∑ ∑ ∑ ∑ A∑ ∑ No.
`11∑ ∑ ∑ ∑ Q∑ ∑ Now, other than your attorney or counsel
`12∑ ∑in this case, I should say, did you communicate with
`13∑ ∑anyone in preparation for this deposition?
`14∑ ∑ ∑ ∑ A∑ ∑ I did not, other than Mr. Glucoft.
`15∑ ∑ ∑ ∑ Q∑ ∑ Sure.∑ So throughout the course of this
`16∑ ∑deposition, I am going to refer to your declaration,
`17∑ ∑but understand that you have submitted, basically,
`18∑ ∑two declarations in this case; an original
`19∑ ∑declaration and a corrected declaration; right?
`20∑ ∑ ∑ ∑ A∑ ∑ I understand that, yes.
`21∑ ∑ ∑ ∑ Q∑ ∑ So unless I note otherwise, can we agree
`22∑ ∑that I am referring to your corrected declaration?
`23∑ ∑ ∑ ∑ A∑ ∑ That would be good.∑ I understand that.
`24∑ ∑ ∑ ∑ Q∑ ∑ Well, you can note otherwise if you want
`25∑ ∑to refer to one or the other specifically, or I
`
`March 20, 2017
`March 20, 2017
`10
`
`800.211.DEPO (3376)
`800.211.DEPO (3376)
`EsquireSolutions.com
`EsquireSolutions.comYVer1f
`
`Legend3D, Inc. Ex. 2021-0010
`IPR2016-01243
`
`
`
`March 20, 2017
`March 20, 2017
`11
`
`DAVID FORSYTH PH.D.
`DAVID FORSYTH PH.D.
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`∑1∑ ∑guess, you know, unless you refer to your original
`∑2∑ ∑declaration, can we assume that you are referring to
`∑3∑ ∑your corrected declaration?
`∑4∑ ∑ ∑ ∑ A∑ ∑ Yes.
`∑5∑ ∑ ∑ ∑ Q∑ ∑ And that is the corrected declaration that
`∑6∑ ∑you signed on January 31, 2017?
`∑7∑ ∑ ∑ ∑ A∑ ∑ I would have to look at the document for
`∑8∑ ∑the date, but that date sounds about right.
`∑9∑ ∑ ∑ ∑ Q∑ ∑ Okay.∑ And your original declaration you
`10∑ ∑signed before the petitioner's petition was filed
`11∑ ∑back in June of 2016; right?
`12∑ ∑ ∑ ∑ A∑ ∑ That sounds correct.∑ Again, I would have
`13∑ ∑to look at the document for the date.
`14∑ ∑ ∑ ∑ Q∑ ∑ Why did you submit a corrected
`15∑ ∑declaration?
`16∑ ∑ ∑ ∑ A∑ ∑ The original declaration was absent a
`17∑ ∑passage at the end, stating that the declaration was
`18∑ ∑under oath.
`19∑ ∑ ∑ ∑ ∑ ∑ ∑I prepared the original declaration in the
`20∑ ∑understanding that I was preparing a document that
`21∑ ∑was a serious document under oath, but that passage
`22∑ ∑wasn't there.
`23∑ ∑ ∑ ∑ Q∑ ∑ Okay.∑ So the reason your original
`24∑ ∑declaration was not signed under oath, that's not
`25∑ ∑because you thought any of the statements were
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`DAVID FORSYTH PH.D.
`DAVID FORSYTH PH.D.
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`∑1∑ ∑false; right?
`∑2∑ ∑ ∑ ∑ A∑ ∑ No, that's not because I thought the
`∑3∑ ∑statements were false.∑ It was a simple omission or
`∑4∑ ∑error.
`∑5∑ ∑ ∑ ∑ Q∑ ∑ Okay.∑ Fair enough.
`∑6∑ ∑ ∑ ∑ ∑ ∑ ∑And you maintain that all the statements
`∑7∑ ∑in your corrected declaration are true or you
`∑8∑ ∑believe them to be true?
`∑9∑ ∑ ∑ ∑ A∑ ∑ I believe them to be true.
`10∑ ∑ ∑ ∑ Q∑ ∑ Okay.∑ And your opinions in this
`11∑ ∑proceeding on the '793 patent rely on the Sullivan
`12∑ ∑patent; right?
`13∑ ∑ ∑ ∑ A∑ ∑ I am relying on the Sullivan patent among
`14∑ ∑the other documents.
`15∑ ∑ ∑ ∑ Q∑ ∑ Can we agree that when I refer to the
`16∑ ∑"Sullivan patent" or just "Sullivan," I am talking
`17∑ ∑about U.S. Patent No. 7,573,475 that is discussed in
`18∑ ∑your declaration?
`19∑ ∑ ∑ ∑ A∑ ∑ I can't do the number from memory, but as
`20∑ ∑long as the number matches, that is good by me.
`21∑ ∑ ∑ ∑ Q∑ ∑ Fair enough.
`22∑ ∑ ∑ ∑ ∑ ∑ ∑And it is your understanding that Sullivan
`23∑ ∑qualifies as a prior art under at least 35 U.S.C.
`24∑ ∑102(b); correct?
`25∑ ∑ ∑ ∑ A∑ ∑ It is my understanding, that Sullivan
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`DAVID FORSYTH PH.D.
`DAVID FORSYTH PH.D.
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`∑1∑ ∑qualifies as prior art.∑ I believe your legal
`∑2∑ ∑reference is correct, but I am not an advocate.
`∑3∑ ∑ ∑ ∑ Q∑ ∑ Let's take a look at your declaration and
`∑4∑ ∑maybe that can refresh your memory.
`∑5∑ ∑ ∑ ∑ A∑ ∑ Thank you.
`∑6∑ ∑ ∑ ∑ ∑ ∑ ∑(Exhibit 1009 previously marked.)
`∑7∑ ∑BY MR. GILL:
`∑8∑ ∑ ∑ ∑ Q∑ ∑ And if we can go to paragraph 43 of your
`∑9∑ ∑declaration.
`10∑ ∑ ∑ ∑ A∑ ∑ 43.
`11∑ ∑ ∑ ∑ Q∑ ∑ The end of the paragraph, you testified
`12∑ ∑that, "I understand Sullivan qualifies at least as
`13∑ ∑pre-AIA 35 U.S.C. 102(b) prior art against the '793
`14∑ ∑patent"; right?
`15∑ ∑ ∑ ∑ A∑ ∑ Yes, it says that.
`16∑ ∑ ∑ ∑ Q∑ ∑ Okay.∑ And that is your testimony; right?
`17∑ ∑ ∑ ∑ A∑ ∑ My testimony is that I understand that '7
`18∑ ∑qualifies, at least.
`19∑ ∑ ∑ ∑ Q∑ ∑ And your understanding is based on the
`20∑ ∑assumption that the '793 patent cannot claim
`21∑ ∑priority to the '081 patent or the '670 patent;
`22∑ ∑right?
`23∑ ∑ ∑ ∑ A∑ ∑ My understanding is based on the
`24∑ ∑assumption that '793 cannot claim priority to '081,
`25∑ ∑'670, I believe that's correct, yes.
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`DAVID FORSYTH PH.D.
`DAVID FORSYTH PH.D.
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`∑1∑ ∑ ∑ ∑ Q∑ ∑ Those are the parent --
`∑2∑ ∑ ∑ ∑ A∑ ∑ Those are the parent --
`∑3∑ ∑ ∑ ∑ Q∑ ∑ -- patents of the '793?
`∑4∑ ∑ ∑ ∑ A∑ ∑ -- within my very limited understanding of
`∑5∑ ∑parent/child processes in patent law.
`∑6∑ ∑ ∑ ∑ Q∑ ∑ And can you do me a favor, Dr. Forsyth,
`∑7∑ ∑while I am asking the question, can you just wait
`∑8∑ ∑until I finish my question?
`∑9∑ ∑ ∑ ∑ A∑ ∑ Sure.∑ I'm sorry.
`10∑ ∑ ∑ ∑ Q∑ ∑ It makes it easier for the court reporter.
`11∑ ∑ ∑ ∑ ∑ ∑ ∑Okay.∑ So you have a very limited
`12∑ ∑understanding of the parent/child, I guess, legal
`13∑ ∑aspects.∑ That is fine.
`14∑ ∑ ∑ ∑ ∑ ∑ ∑Do you understand that the '793 is a
`15∑ ∑continuation in part of the '081 and the '670
`16∑ ∑patent?
`17∑ ∑ ∑ ∑ A∑ ∑ I believe I have had that explained to me,
`18∑ ∑yes.
`19∑ ∑ ∑ ∑ Q∑ ∑ Okay.∑ Counsel explained that to you?
`20∑ ∑ ∑ ∑ ∑ ∑ ∑MR. GLUCOFT:∑ Objection.∑ Privilege.
`21∑ ∑ ∑ ∑ ∑ ∑ ∑Don't even talk about what we have
`22∑ ∑discussed.
`23∑ ∑ ∑ ∑ ∑ ∑ ∑MR. GILL:∑ Well, okay.∑ Fair enough.
`24∑ ∑ ∑ ∑ Q∑ ∑ Isn't it true that for any claim of the
`25∑ ∑'793 patent that is entitled to the priority date of
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`DAVID FORSYTH PH.D.
`DAVID FORSYTH PH.D.
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`∑1∑ ∑the '081 patent or the '670 patent, Sullivan does
`∑2∑ ∑not qualify as prior art?
`∑3∑ ∑ ∑ ∑ ∑ ∑ ∑MR. GLUCOFT:∑ Objection.∑ Form.
`∑4∑ ∑Foundation.
`∑5∑ ∑ ∑ ∑ ∑ ∑ ∑THE WITNESS:∑ I think you are asking me a
`∑6∑ ∑legal question rather than a technical one.
`∑7∑ ∑BY MR. GILL:
`∑8∑ ∑ ∑ ∑ Q∑ ∑ So you have no understanding of that?
`∑9∑ ∑ ∑ ∑ ∑ ∑ ∑MR. GLUCOFT:∑ Objection.∑ Form.
`10∑ ∑ ∑ ∑ ∑ ∑ ∑THE WITNESS:∑ I think you may need to
`11∑ ∑repeat your question.
`12∑ ∑ ∑ ∑ ∑ ∑ ∑You are asking me if -- assuming that '793
`13∑ ∑does, in fact, have priority dating back to '081 and
`14∑ ∑'670, is Sullivan then prior art; is that a correct
`15∑ ∑statement of your question?
`16∑ ∑BY MR. GILL:
`17∑ ∑ ∑ ∑ Q∑ ∑ Yes.
`18∑ ∑ ∑ ∑ A∑ ∑ Okay.∑ I need to check the dates on the
`19∑ ∑document, but it sounds plausible that Sullivan
`20∑ ∑would not qualify.
`21∑ ∑ ∑ ∑ Q∑ ∑ Do you know what the filing date or
`22∑ ∑priority date of Sullivan is?
`23∑ ∑ ∑ ∑ A∑ ∑ Not without looking, no.
`24∑ ∑ ∑ ∑ Q∑ ∑ Okay.∑ So let's assume that it is
`25∑ ∑June 1st, 2006.∑ Can we assume that for a moment?
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`DAVID FORSYTH PH.D.
`DAVID FORSYTH PH.D.
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`∑1∑ ∑ ∑ ∑ A∑ ∑ That's -- that seems like -- that seems
`∑2∑ ∑consistent with my memory of what is on the
`∑3∑ ∑document.
`∑4∑ ∑ ∑ ∑ Q∑ ∑ Okay.∑ Do you have a memory of the
`∑5∑ ∑priority date of the '081 or '670 patents?
`∑6∑ ∑ ∑ ∑ ∑ ∑ ∑MR. GLUCOFT:∑ Objection.∑ Form.
`∑7∑ ∑Foundation.∑ Scope.∑ Relevance.
`∑8∑ ∑ ∑ ∑ ∑ ∑ ∑THE WITNESS:∑ I think it is somewhere in
`∑9∑ ∑the early 2000s.
`10∑ ∑BY MR. GILL:
`11∑ ∑ ∑ ∑ Q∑ ∑ Okay.∑ So it is before Sullivan; right?
`12∑ ∑ ∑ ∑ A∑ ∑ I would have to look at the documents to
`13∑ ∑check that out.
`14∑ ∑ ∑ ∑ Q∑ ∑ Sure.∑ We can get into that later.
`15∑ ∑ ∑ ∑ ∑ ∑ ∑But, essentially, your understanding is
`16∑ ∑based -- and you already testified to this -- your
`17∑ ∑understanding is based on the assumption that the
`18∑ ∑'793 patent would not have been a priority to the
`19∑ ∑'081 patent or the '670 patent; right?
`20∑ ∑ ∑ ∑ A∑ ∑ My understanding is based on the
`21∑ ∑assumption that '793 can't claim priority to '670 or
`22∑ ∑'081.∑ Yes, that's a correct statement.
`23∑ ∑ ∑ ∑ Q∑ ∑ If Sullivan does not qualify as prior art,
`24∑ ∑then it can't be used for invalidity; right?
`25∑ ∑ ∑ ∑ ∑ ∑ ∑MR. GLUCOFT:∑ Objection.∑ Form.
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`March 20, 2017
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`
`DAVID FORSYTH PH.D.
`DAVID FORSYTH PH.D.
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`∑1∑ ∑Foundation.∑ Scope.∑ Relevance.
`∑2∑ ∑ ∑ ∑ ∑ ∑ ∑THE WITNESS:∑ I would need to think about
`∑3∑ ∑the answer to that question.∑ I am not absolutely
`∑4∑ ∑certain whether chronology absolutely rules out a
`∑5∑ ∑document for invalidity.∑ I just don't know the
`∑6∑ ∑answer.∑ There might be complex invalidity arguments
`∑7∑ ∑that I am not aware of, so --
`∑8∑ ∑BY MR. GILL:
`∑9∑ ∑ ∑ ∑ Q∑ ∑ But you haven't considered that scenario
`10∑ ∑in rendering any opinions in your declaration; have
`11∑ ∑you?
`12∑ ∑ ∑ ∑ A∑ ∑ I don't believe my declaration contains
`13∑ ∑any opinions about the case where Sullivan does not
`14∑ ∑qualify as prior art -- no, that is incorrect
`15∑ ∑because it contains opinions about the case where
`16∑ ∑Passmore qualifies as prior art, which don't rely on
`17∑ ∑Sullivan -- qualifies as prior art.
`18∑ ∑ ∑ ∑ Q∑ ∑ Fair enough.∑ Okay.∑ We will talk about
`19∑ ∑Passmore.
`20∑ ∑ ∑ ∑ ∑ ∑ ∑So your opinions in the proceeding rely on
`21∑ ∑the Passmore publication; right?
`22∑ ∑ ∑ ∑ A∑ ∑ They do.
`23∑ ∑ ∑ ∑ Q∑ ∑ And can we agree, though, when I reference
`24∑ ∑"Passmore," I am talking about U.S. Patent
`25∑ ∑Publication 2009/0219383, or if you don't remember
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`March 20, 2017
`March 20, 2017
`18
`
`DAVID FORSYTH PH.D.
`DAVID FORSYTH PH.D.
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`∑1∑ ∑the number, just the Passmore document as referenced
`∑2∑ ∑in your declaration?
`∑3∑ ∑ ∑ ∑ A∑ ∑ Passmore document is referenced in my
`∑4∑ ∑declaration is good.
`∑5∑ ∑ ∑ ∑ Q∑ ∑ When I say "Passmore," you understand what
`∑6∑ ∑I am talking about?
`∑7∑ ∑ ∑ ∑ A∑ ∑ I understand what you're talking about.
`∑8∑ ∑ ∑ ∑ Q∑ ∑ It's your understanding, isn't it, that
`∑9∑ ∑Passmore qualifies as prior art under at least 35
`10∑ ∑U.S.C. 102(e); correct?
`11∑ ∑ ∑ ∑ A∑ ∑ I would need again to check the paperwork.
`12∑ ∑That sounds correct, but I don't want to have an
`13∑ ∑opinion about the difference between 102(a) and
`14∑ ∑102(e).
`15∑ ∑ ∑ ∑ ∑ ∑ ∑I believe on page 17, paragraph 44, it
`16∑ ∑says, "I understand that Passmore qualifies at least
`17∑ ∑as pre-AIA 35 U.S.C. Section 102(e) prior art."
`18∑ ∑ ∑ ∑ Q∑ ∑ Yes.∑ That is in paragraph 44 of your
`19∑ ∑declaration?
`20∑ ∑ ∑ ∑ A∑ ∑ That is.
`21∑ ∑ ∑ ∑ Q∑ ∑ Okay.∑ So, again, your understanding of
`22∑ ∑whether Passmore qualifies as prior art is based on
`23∑ ∑the assumption that the '793 patent cannot claim
`24∑ ∑priority to the '081 patent or the '670 patent;
`25∑ ∑correct?
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`DAVID FORSYTH PH.D.
`DAVID FORSYTH PH.D.
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`∑1∑ ∑ ∑ ∑ A∑ ∑ I believe that that is correct, yes.
`∑2∑ ∑ ∑ ∑ Q∑ ∑ Isn't it true that for any claim of the
`∑3∑ ∑'793 patent that is entitled to priority -- excuse
`∑4∑ ∑me, strike that.
`∑5∑ ∑ ∑ ∑ ∑ ∑ ∑Isn't it true that for any claim of the
`∑6∑ ∑'793 patent that is entitled to the priority date of
`∑7∑ ∑the '081 or the '670 patent, Passmore does not
`∑8∑ ∑qualify as prior art?
`∑9∑ ∑ ∑ ∑ ∑ ∑ ∑MR. GLUCOFT:∑ Objection.∑ Form.
`10∑ ∑Foundation.∑ Scope.
`11∑ ∑ ∑ ∑ ∑ ∑ ∑THE WITNESS:∑ So you are asking me in the
`12∑ ∑hypothetical case that '793 can't claim a date with
`13∑ ∑respect to '670 or '081, it -- does Passmore not
`14∑ ∑qualify as prior art?
`15∑ ∑ ∑ ∑ ∑ ∑ ∑I think it is most likely that it does not
`16∑ ∑qualify except that there may be some fiddly
`17∑ ∑questions of chronology or legal details.
`18∑ ∑BY MR. GILL:
`19∑ ∑ ∑ ∑ Q∑ ∑ Okay.∑ Let me just ask my question again
`20∑ ∑just to clean up the record a bit, and I am talking
`21∑ ∑about claims, not just the '793 patent as a whole,
`22∑ ∑just to clarify.
`23∑ ∑ ∑ ∑ ∑ ∑ ∑Isn't it true that for any claim of the
`24∑ ∑'793 patent that is entitled to the priority date of
`25∑ ∑the '081 patent or the '670 patent, Passmore does
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`DAVID FORSYTH PH.D.
`DAVID FORSYTH PH.D.
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`∑1∑ ∑not qualify as prior art under 102(e) or 102(b)?
`∑2∑ ∑ ∑ ∑ ∑ ∑ ∑MR. GLUCOFT:∑ Objection.∑ Form.
`∑3∑ ∑Foundation.∑ Scope.
`∑4∑ ∑ ∑ ∑ ∑ ∑ ∑THE WITNESS:∑ I can have no strong opinion
`∑5∑ ∑about what 102(b) and (e) say; right.
`∑6∑ ∑ ∑ ∑ ∑ ∑ ∑So you're asking me if the claims in '793
`∑7∑ ∑do, in fact, have priority date to '670 or '081,
`∑8∑ ∑then does Passmore qualify as prior art?
`∑9∑ ∑ ∑ ∑ ∑ ∑ ∑It seems unlikely that it does.
`10∑ ∑BY MR. GILL:
`11∑ ∑ ∑ ∑ Q∑ ∑ So all of your invalidity opinions that
`12∑ ∑rely on Passmore are based on the assumption that
`13∑ ∑Passmore qualifies as prior art because the '793
`14∑ ∑patent can't claim priority to the '081 patent or
`15∑ ∑the '670 patent; right?
`16∑ ∑ ∑ ∑ A∑ ∑ My opinions are based upon the assumption
`17∑ ∑that Passmore is prior art.
`18∑ ∑ ∑ ∑ Q∑ ∑ Okay.∑ Do you have an understanding of
`19∑ ∑what qualifies a reference as prior art under
`20∑ ∑Section 102?
`21∑ ∑ ∑ ∑ A∑ ∑ The rather mild understanding that things
`22∑ ∑that were published before some crucial date
`23∑ ∑qualifies; right.
`24∑ ∑ ∑ ∑ ∑ ∑ ∑The crucial date, I believe, to be the
`25∑ ∑date on the front of the patent or the date assigned
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`DAVID FORSYTH PH.D.
`DAVID FORSYTH PH.D.
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`∑1∑ ∑to some child through a process of reasoning about
`∑2∑ ∑dependency between patents.
`∑3∑ ∑ ∑ ∑ Q∑ ∑ Okay.∑ Dependency, are you talking about
`∑4∑ ∑like a continuation?
`∑5∑ ∑ ∑ ∑ A∑ ∑ A continuation, children, that sort of
`∑6∑ ∑thing.
`∑7∑ ∑ ∑ ∑ Q∑ ∑ Continuation-in-part?
`∑8∑ ∑ ∑ ∑ A∑ ∑ Continuation-in-part, sounds possible.
`∑9∑ ∑ ∑ ∑ Q∑ ∑ Okay.∑ What is your understanding of a
`10∑ ∑continuation?
`11∑ ∑ ∑ ∑ ∑ ∑ ∑MR. GLUCOFT:∑ Objection.∑ Form.
`12∑ ∑Foundation.∑ Scope.∑ Relevance.
`13∑ ∑ ∑ ∑ ∑ ∑ ∑THE WITNESS:∑ I believe an inventor can
`14∑ ∑file a patent and then file modified claims to the
`15∑ ∑same specification.∑ I think that counts as a
`16∑ ∑continuation, but, again, I am not a patent attorney
`17∑ ∑and no one should rely on my opinions in that way.
`18∑ ∑BY MR. GILL:
`19∑ ∑ ∑ ∑ Q∑ ∑ What is your understanding of a
`20∑ ∑continuation-in-part?
`21∑ ∑ ∑ ∑ ∑ ∑ ∑MR. GLUCOFT:∑ Objection.∑ Form.
`22∑ ∑Foundation.∑ Scope.∑ Relevance.
`23∑ ∑ ∑ ∑ ∑ ∑ ∑THE WITNESS:∑ Again, it is some process by
`24∑ ∑which an inventor files a patent and then probably
`25∑ ∑changes some claims without changing the
`
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`DAVID FORSYTH PH.D.
`DAVID FORSYTH PH.D.
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`∑1∑ ∑specification or possibly makes changes to the
`∑2∑ ∑specification.
`∑3∑ ∑BY MR. GILL:
`∑4∑ ∑ ∑ ∑ Q∑ ∑ Okay.∑ For a continuation or a
`∑5∑ ∑continuation-in-part, do you have any understanding
`∑6∑ ∑of how the priority date worked as between the
`∑7∑ ∑parent and child?
`∑8∑ ∑ ∑ ∑ ∑ ∑ ∑MR. GLUCOFT:∑ Objection.∑ Form.
`∑9∑ ∑Foundation.∑ Scope.∑ Relevance.
`10∑ ∑ ∑ ∑ ∑ ∑ ∑THE WITNESS:∑ You're asking me questions
`11∑ ∑about areas that lie well outside of my expertise.
`12∑ ∑ ∑ ∑ ∑ ∑ ∑My understanding is under some
`13∑ ∑circumstances, the priority date goes to the parent.
`14∑ ∑And under other circumstances, I think it goes to
`15∑ ∑the continuation-in-part.
`16∑ ∑BY MR. GILL:
`17∑ ∑ ∑ ∑ Q∑ ∑ Okay.∑ And your opinions in this
`18∑ ∑proceeding rely on the '081 patent and the '670
`19∑ ∑patent; correct?
`20∑ ∑ ∑ ∑ A∑ ∑ That's correct, yes.
`21∑ ∑ ∑ ∑ Q∑ ∑ The '081 patent and the '670 patent are
`22∑ ∑the parent patents to the '793 patent; correct?
`23∑ ∑ ∑ ∑ A∑ ∑ I believe that's correct.
`24∑ ∑ ∑ ∑ Q∑ ∑ Is it your understanding that the '081 and
`25∑ ∑'670 patent qualifies under prior art under at least
`
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`March 20, 2017
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`DAVID FORSYTH PH.D.
`DAVID FORSYTH PH.D.
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`∑1∑ ∑35 U.S.C. 102(b)?
`∑2∑ ∑ ∑ ∑ A∑ ∑ It's my understanding that '081 and '670
`∑3∑ ∑qualify as prior art, yes.
`∑4∑ ∑ ∑ ∑ Q∑ ∑ Is that Section 102(b)?∑ Do you recall?
`∑5∑ ∑ ∑ ∑ A∑ ∑ I would have to look at the document where
`∑6∑ ∑I list --
`∑7∑ ∑ ∑ ∑ Q∑ ∑ Paragraph 42.
`∑8∑ ∑ ∑ ∑ A∑ ∑ Paragraph 42, 102(b).
`∑9∑ ∑ ∑ ∑ Q∑ ∑ And, again, your understanding that the
`10∑ ∑'081 patent and the '670 patents -- excuse me,
`11∑ ∑patent qualifies prior art that is based on the
`12∑ ∑assumption that the '793 patent cannot claim
`13∑ ∑priority to the '081 patent or the '670 patent;
`14∑ ∑correct?
`15∑ ∑ ∑ ∑ ∑ ∑ ∑MR. GLUCOFT:∑ Objection.∑ Form.
`16∑ ∑ ∑ ∑ ∑ ∑ ∑THE WITNESS:∑ I believe it would be
`17∑ ∑difficult for -- I believe it would be difficult to
`18∑ ∑claim that '081 and '670 were prior art if '793
`19∑ ∑could claim priority to those dates.∑ It would be a
`20∑ ∑chronological puddle.
`21∑ ∑BY MR. GILL:
`22∑ ∑ ∑ ∑ Q∑ ∑ So then isn't it true that for any claim
`23∑ ∑of the '793 patent that is entitled to the priority
`24∑ ∑date of the '081 patent, the '081 patent does not
`25∑ ∑qualify as prior art under 102(b)?
`
`March 20, 2017
`March 20, 2017
`23
`
`800.211.DEPO (3376)
`800.211.DEPO (3376)
`EsquireSolutions.com
`EsquireSolutions.comYVer1f
`
`Legend3D, Inc. Ex. 2021-0023
`IPR2016-01243
`
`
`
`DAVID FORSYTH PH.D.
`DAVID FORSYTH PH.D.
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`∑1∑ ∑ ∑ ∑ ∑ ∑ ∑MR. GLUCOFT:∑ Objection.∑ Form.
`∑2∑ ∑Foundation.∑ Scope.∑ Relevance.
`∑3∑ ∑ ∑ ∑ ∑ ∑ ∑THE WITNESS:∑ It seems highly unlikely to
`∑4∑ ∑me that a claim in '793 that could claim its
`∑5∑ ∑priority date to '670 or '081 could then be
`∑6∑ ∑overturned by an argument that '670 and '081 were
`∑7∑ ∑prior art.
`∑8∑ ∑BY MR. GILL:
`∑9∑ ∑ ∑ ∑ Q∑ ∑ All right.∑ Thank you.
`10∑ ∑ ∑ ∑ ∑ ∑ ∑Are Sullivan and Passmore analogous art
`11∑ ∑vis-a-vis '081 and the '670 patents, in your
`12∑ ∑opinion?
`13∑ ∑ ∑ ∑ ∑ ∑ ∑MR. GLUCOFT:∑ Objection.∑ Form.
`14∑ ∑ ∑ ∑ ∑ ∑ ∑THE WITNESS:∑ I think you need to explain
`15∑ ∑to me what you meant by "analogous art."∑ It sounds
`16∑ ∑like a term of art to me.
`17∑ ∑BY MR. GILL:
`18∑ ∑ ∑ ∑ Q∑ ∑ Okay.∑ Why don't we flip to paragraph 46
`19∑ ∑of your declaration, and in the last sentence of
`20∑ ∑that paragraph --
`21∑ ∑ ∑ ∑ A∑ ∑ Oh, here we go.∑ Okay.∑ I simply forgot
`22∑ ∑the use of the term.
`23∑ ∑ ∑ ∑ Q∑ ∑ Sir, I am still asking the question.
`24∑ ∑ ∑ ∑ A∑ ∑ Sorry.
`25∑ ∑ ∑ ∑ Q∑ ∑ "All of these references may, therefore,
`
`March 20, 2017
`March 20, 2017
`24
`
`800.211.DEPO (3376)
`800.211.DEPO (3376)
`EsquireSolutions.com
`EsquireSolutions.comYVer1f
`
`Legend3D, Inc. Ex. 2021-0024
`IPR2016-01243
`
`
`
`DAVID FORSYTH PH.D.
`DAVID FORSYTH PH.D.
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`PRIME FOCUS CREATIVE SERVICES vs LEGEND3D
`∑1∑ ∑be considered analogous art because they are all
`∑2∑ ∑within the same field of endeavor."
`∑3∑ ∑ ∑ ∑ ∑ ∑ ∑So you understand what "analogous art"
`∑4∑ ∑means; don't you?
`∑5∑ ∑ ∑ ∑ A∑ ∑ I understand what "analogous art" means as
`∑6∑ ∑used in this paragraph, yes.
`∑7∑ ∑ ∑ ∑ Q∑ ∑ What does it mean?
`∑8∑ ∑ ∑ ∑ A∑ ∑ It means they are about similar things in
`∑9∑ ∑a similar art.
`10∑ ∑ ∑ ∑ Q∑ ∑ So I will ask my question again.
`11∑ ∑ ∑ ∑ ∑ ∑ ∑Are Sullivan and Passmore analogous art
`12∑ ∑vis-a-vis the '081 and '670 patents, in your
`13∑ ∑opinion?
`14∑ ∑ ∑ ∑ A∑ ∑ Sullivan and Passmore are analogous art
`15∑ ∑vis-a-vis '081 and '670, in my opinion.
`16∑ ∑ ∑ ∑ Q∑ ∑ That is because in your view, they are in
`17∑ ∑the same field of endeavor?
`18∑ ∑ ∑ ∑ A∑ ∑ They are in the same field of endeavor.
`19∑ ∑ ∑ ∑ ∑ ∑ ∑Passmore specifically states that you can
`20∑ ∑use colorization masks also to create depth.
`21∑ ∑ ∑ ∑ ∑ ∑ ∑Sullivan makes it clear that masks would
`22∑ ∑be helpful.∑ So there are quite strong links between
`23∑ ∑these documents and ideas.
`24∑ ∑ ∑ ∑ Q∑ ∑ Okay.∑ And in your opinion, the '793
`25∑ ∑patent is within the same field of endeavor as
`
`March 20, 2017
`March 20, 2017
`25
`
`800.211.DEPO (3376)
`800.211.DEPO (3376)
`EsquireSolutions.com
`EsquireSolutions.comYVer1f
`
`Legend3D, Inc. Ex. 2021-0025
`IPR2016-01243
`
`
`
`March 20, 2017
`March 20, 2017
`26
`
`DAVID FORSYTH
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