UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Page 1
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`HTC CORPORATION and HTC AMERICA, )
`INC., )
` ) Case IPR2016-01501
` Petitioners, ) U.S. Patent No.
`vs. ) 8,457,676
` )
`CELLULAR COMMUNICATIONS EQUIPMENT,)
` )
` Patent Owner. )
`__________________________________)
`
` VIDEO-RECORDED DEPOSITION OF TIM WILLIAMS, PhD
` San Diego, California
` Wednesday, May 10, 2017
`
` Reported by: Tricia Rosate, RDR, RMR, CRR, CCRR
` Job No: 123984
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`CCE_EXHIBIT 2004
`
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` BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`Page 1
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`HTC CORPORATION and HTC AMERICA, )
`INC., )
` ) Case IPR2016-01501
` Petitioners, ) U.S. Patent No.
`vs. ) 8,457,676
` )
`CELLULAR COMMUNICATIONS EQUIPMENT,)
` )
` Patent Owner. )
`__________________________________)
`
` VIDEO-RECORDED DEPOSITION OF TIM WILLIAMS, PhD
` San Diego, California
` Wednesday, May 10, 2017
`
` Reported by: Tricia Rosate, RDR, RMR, CRR, CCRR
` Job No: 123984
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`CCE_EXHIBIT 2004
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` Wednesday, May 10, 2017
` 8:13 a.m.
`
` VIDEO-RECORDED DEPOSITION OF TIM WILLIAMS, PhD,
`taken at 501 West Broadway, Suite 1100, San Diego,
`California, commencing at 8:13 a.m. and concluding at
`11:20 a.m., Wednesday, May 10, 2017, before
`Tricia Rosate, RDR, RMR, CRR, CCRR, CSR 10891, a
`Certified Shorthand Reporter.
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`A P P E A R A N C E S:
`For the Petitioners HTC CORPORATION; HTC AMERICA, INC.:
` PILLSBURY WINTHROP SHAW PITTMAN
` 401 Congress Avenue
` Austin, TX 78701
` BY: BRIAN NASH, ESQ.
`
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`For the Patent Owner, CELLULAR COMMUNICATIONS
` EQUIPMENT, LLC:
` BRAGALONE CONROY
` 2200 Ross Avenue
` Dallas, TX 75201
` BY: TERRY SAAD, ESQ.
`
`Also Present:
` TIMOTHY HUNTER, The Videographer
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` I N D E X
`WITNESS: Tim Williams, PhD
`EXAMINATION PAGE
`By Mr. Saad ............................... 6
`
` E X H I B I T S
`EXHIBIT DESCRIPTION PAGE
`Exhibit 1001 U.S. Patent No. US 8,457,676 9
`Exhibit 1003 Declaration of Tim A. Williams 11
` In Support of Petitione For
` Inter Partes Review of U.S.
` Patent 8,457,676
`Exhibit 1005 United States Patent 53
` Application Publication,
` Pub. No. US 2006/0140154 A1
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` SAN DIEGO, CALIFORNIA; WEDNESDAY, MAY 10, 2017
` 8:13 A.M. - 11:20 A.M.
` - - - -
` THE VIDEOGRAPHER: Good morning.
` This is the start of tape labeled No. 1 in the
`videotaped deposition of Tim Williams in the matter of
`HTC Corporation and HTC America, Inc., vs.
`Cellular Communications Equipment, LLC.
` This case is in the United States Patent and
`Trademark Office before the Patent Trial and Appeal
`Board, Case No. IPR2016-01501.
` This deposition is being held at
`501 West Broadway, Suite 1100, San Diego, California
`92101.
` Today's date is May 10, 2017, and the time on
`the record is 8:13 a.m.
` My name is Timothy Hunter. I'm your legal
`videographer. Our court reporter today is
`Tricia Rosate.
` Counsel, will you please introduce yourselves
`and state whom you represent for the record.
` MR. SAAD: Terry Saad from Bragalone Conroy on
`behalf of the patent owner, Cellular Communications
`Equipment, LLC.
` MR. NASH: This is Brian Nash of
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`Pillsbury Winthrop Shaw Pittman, here on behalf of the
`petitioners, the HTC entities.
` THE VIDEOGRAPHER: Reporter, will you please
`swear in the deponent to start the deposition.
` TIM WILLIAMS, PhD,
` having been first duly sworn, testified as follows:
` EXAMINATION
`BY MR. SAAD:
` Q Good morning, Dr. Williams.
` A Good morning.
` Q Do you understand why you're here today?
` A Yes.
` Q What is your understanding?
` A To give testimony regarding my opinions in
`this case.
` Q Have you been deposed before?
` A Yes.
` Q How many times?
` A About 180.
` Q I can probably skip over some of the -- the
`details of how a deposition works, then, based on your
`experience.
` Do you understand that you are testifying
`under oath and under the penalty of perjury?
` A Yes.
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` Q Is there any reason that you cannot testify
`today truthfully and accurately?
` A No.
` Q Are you on any drugs or medication that would
`affect your testimony?
` A No.
` Q And do you understand that our conversation
`today is being transcribed by the court reporter?
` A Yes.
` THE COURT REPORTER: I'm sorry, Counsel. I
`need to go off the record.
` MR. SAAD: Okay.
` THE VIDEOGRAPHER: We're going off the record
`at 8:15 a.m.
` (Recess from 8:15 a.m. - 8:18 a.m.)
` THE VIDEOGRAPHER: We are back on the record
`at 8:18 a.m.
`BY MR. SAAD:
` Q Dr. Williams, I'm going to be asking you some
`questions today, and I'll do my best to provide clear,
`understandable questions. If I fail to ask a question
`that you understand, feel free to ask for clarification
`or for me to rephrase the question.
` Do you agree to that?
` A Yes.
`
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` Q And do you understand that, if you do answer
`my question, it is assumed that you did understand my
`question?
` A Yes.
` Q When you -- were you retained by HTC in this
`matter?
` A Last spring.
` Q And what did you understand at that time to be
`the reason for your retention in this matter?
` A Review the patents at issue, and if I felt
`there was reason for invalidity of those patents, to
`submit a declaration.
` Q And prior to this matter or set of matters
`regarding CCE, have you done any prior consulting for
`HTC?
` A Yes.
` Q How many times or how many different cases?
` A We can review my case history. I don't recall
`off the top of my head.
` Q Do you have a ballpark in your head?
` A Probably. The details are in my case history.
`It's probably four or five times out of the 150 cases
`I've been retained for.
` Q Are you aware of the ongoing litigation
`regarding the '676 patent between CCE and HTC?
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` A I know that it exists. I don't know anything
`other than that.
` Q Are you aware of the products that are accused
`of infringement in those matters?
` A No.
` Q Okay. I'm going to hand you what has been
`previously marked in this matter as
`Petitioner's Exhibit 1001.
` (Exhibit 1001 was referenced.)
`BY MR. SAAD:
` Q Do you recognize this document?
` A Yes.
` Q And do you recognize this as U.S. Patent
`No. 8,457,676?
` A I do.
` Q And if I refer to this as "the '676 patent,"
`will you understand that I'm referring to Exhibit 1001?
` A Yes.
` Q When did you first learn of the '676 patent?
` A When I was retained for this case.
` Q Approximately how many hours have you worked
`on this matter?
` A I don't know in detail. Maybe 100 -- between
`100 and 200. The details would be in my invoices.
` Q And do you know how many hours you worked on
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`preparing your declaration in particular?
` A I don't recall.
` Q What did you do to prepare for this
`deposition?
` A Reviewed the materials; read the patent;
`reviewed the decision to institute paperwork; reviewed
`the Kwak patent; reviewed my testimony, my submission;
`and discussed with Mr. Nash.
` Q Did you meet with Mr. Nash in person?
` A Yes.
` Q When was that?
` A Yesterday.
` Q How long did you meet for?
` A Five hours.
` Q Was anyone else present during that meeting?
` A Occasionally Mr. Moore.
` Q Did you review any documents during that
`meeting that are not of record in this matter?
` A No.
` Q Do you understand what I mean when I say,
`"documents that are of record in the matter"?
` A I believe so, but maybe you can clarify.
` Q Well, other than the exhibits or papers that
`have been filed in this particular IPR.
` A Yes. That's my understanding.
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` Q Okay. And is your answer that you did not
`review any other documents outside of that?
` A Correct.
` Q Did you speak with anyone other than Mr. Nash
`and Mr. Moore in preparation for this deposition?
` A No.
` Q Okay. I'm going to hand you what has
`previously been marked in this matter as Petitioner's
`Exhibit 1003.
` MR. NASH: Thank you.
` (Exhibit 1003 was referenced.)
`BY MR. SAAD:
` Q Do you recognize this document?
` A Yes.
` Q What do you recognize it as?
` A This is my declaration in support of the
`petition for inter partes review of the '676, and this
`is Petitioner's Exhibit 1003. And it includes
`Attachment A and B. A is my CV and case history; B is
`my claim charts.
` Q And if you'll turn to page 73 of your
`declaration, which I believe should be the last page.
` A Yes.
` Q Do you recognize that as your signature?
` A It is.
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` Q Did you draft this declaration?
` A I either wrote or edited every paragraph in
`this declaration, and this declaration reflects my
`opinion.
` Q Are there particular portions of it that you
`drafted personally?
` A I don't recall.
` Q When did you prepare this declaration?
` A In -- approximately over the month leading up
`to July 26, 2016.
` Q And who did you work with in preparing this
`declaration?
` A Mr. Nash.
` Q Were there any portions of the declaration
`that were provided to you by Mr. Nash?
` MR. NASH: Objection. Form.
` THE WITNESS: Well, as I said, I either wrote
`or edited every paragraph in it.
` I believe Mr. Nash provided me with the
`original draft of the legal principles.
`BY MR. SAAD:
` Q There's a number of prior art references that
`are referred to in your declaration.
` Did you identify any of those prior art
`references?
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` MR. NASH: Objection. Vague.
` THE WITNESS: I don't understand --
` MR. NASH: Also, I'm going to caution the
`witness that he should not reveal any privileged
`communications that he may have had with counsel about
`or related to the declaration.
` THE WITNESS: Don't understand the question.
`BY MR. SAAD:
` Q Were those references provided to you by
`counsel?
` MR. NASH: Objection. Form.
` THE WITNESS: I don't recall the genesis of
`these references. What I do recall is this was an
`iterative process of discussion and reading references
`in order to determine whether -- whether that
`particular reference was prior art to the '676.
`BY MR. SAAD:
` Q Did you conduct any searches for prior art to
`the '676 patent?
` A I don't recall specifics.
` Q Do you recall yes or no?
` A I don't recall specifically.
` Q I'm having trouble understanding what you mean
`by "specifically." Why are you qualifying it as
`"specifically"? It's --
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` Do you remember conducting a search, in
`general, related to these matters or --
` A Well, what do you mean by "conducting a
`search"?
` Q Did you search for references that might be
`prior art to the '676 patent?
` A Yes.
` Q And where did you search?
` A The USPTO database.
` Q What did you search for?
` A Don't recall.
` Q And when did you conduct that search?
` A In the months leading up to July 26, 2016.
` Q And were any of the references that were used
`in your declaration or referred to in your declaration
`identified in that search?
` A That's what I don't recall. I don't recall
`whether the genesis of these references was a result of
`my search or was a result of suggestions from the
`attorneys or iterative discussion back and forth
`between us. So I don't -- that's the specifics I don't
`recall.
` Q What information did you consider in forming
`the opinions that are found in your declaration?
` A I'm not quite clear on "information," but I'll
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`answer that in general.
` My understanding of a person of ordinary skill
`in the art and how they would interpret both the '676
`as well as the references that I discussed.
` Q Are there particular materials that you
`referred to or you considered in forming the opinions
`found in your declaration?
` A Everything that I considered is reflected in
`this document, the 1003 exhibit, other than knowledge
`of one of ordinary skill in the art.
` Q Okay. So there are no other documents or
`materials that you considered for your opinions,
`specifically, that are not listed in or referred to in
`your declaration; is that correct?
` A Yes. I tried to capture everything in the
`declaration.
` Q Did you make any assumptions in order to
`arrive at the opinions that are found in your
`declaration?
` MR. NASH: Objection. Form.
` THE WITNESS: I'm not sure what you mean by
`"assumptions." I did claim construction.
`BY MR. SAAD:
` Q Did you assume any facts?
` A I don't understand the question.
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` Q What is it that you don't understand about it?
` A Basically, anything I considered is reflected
`in the report: all the materials, all the
`considerations, all the facts, with -- and the only
`outside material really is knowledge of one of ordinary
`skill in the art. So I'm not sure what your question
`is reflecting.
` Q Well, did you make any particular assumptions
`about the knowledge of an ordinary -- of a person of
`ordinary skill in the art?
` A Their experience is listed in the report, yes.
` Q And when you say "their experience," what are
`you referring to?
` A Section III C, starting at paragraph 38,
`proceeding to paragraph 42.
` Q Okay. So let's look at paragraph 41. And in
`paragraph 41, you provide a certain level of education
`and experience that a person of ordinary skill in the
`art would have for the '676 patent; correct?
` A Correct.
` Q Okay. And that includes "a bachelor's degree
`in electrical engineering or a similar degree, with two
`to four years of experience in the design and
`implementation of such wireless communication systems
`or the equivalent"; is that correct?
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` A Yes.
` Q Is that still your opinion?
` A Yes.
` Q Did you determine that that was the level?
` A Yes.
` Q And how did you do so?
` A Well, I typically look at the material of the
`patent and the level of expertise in the patent, and I
`ask myself the question, "What level of person would I
`hire to design such a system?" And this is the answer
`that I came up with.
` Q Okay. And why was two to four years of
`experience the relevant experience level?
` A Well, to understand this patent and understand
`how to implement the teachings of this patent, you
`would need to understand the -- some of the standards
`involved in UMTS. Specifically, the frame structures
`and the process of reporting transmit power status back
`into the infrastructure.
` So to gain that level of understanding, that's
`not something you would learn in a normal undergraduate
`degree. That would take some real-life field
`experience.
` Q Okay. And are -- are there any particular
`facts or knowledge that you assumed a person of skill
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`in the art with this level of experience would have
`that was relevant to the '676 patent?
` A I believe I captured that within this
`document: in general, an understanding of how UMTS
`works, an understanding of how the frame structures
`work, an understanding of the need for status reporting
`from the UE, an understanding of some of the acronyms
`that are involved here.
` Q Okay. And when you refer to UMTS, what are
`you referring to?
` A Standards produced by the 3GPP committees.
` Q All the standards produced --
` A In the cellular space.
` Q Sorry.
` A In the cellular space.
` Q Okay. And so that would include all standards
`produced by 3GPP committees in the cellular space?
` MR. NASH: Objection. Form.
` THE WITNESS: Well, all standards aren't --
`aren't related to the '676. There are certain
`standards that are and certain standards that aren't.
`BY MR. SAAD:
` Q Okay. Which standards do you believe are
`related to the '676 patent?
` A I haven't enumerated those.
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` Q Oh. Are there certain ones that you are aware
`of that are related to the '676 patent?
` A I would have to go back to the hierarchy of
`the patents and -- you know, I mean, if you want me to
`quote TS 23.040, Revision 6, that level of detail, I
`would have to go back to the hierarchy of the -- the
`standards documents.
` But certainly there are standards documents
`that involve billing, and there are certain standards
`that involve encryption. There are certain standards
`that involve redundancy in terms of power supplies and
`things like that in the infrastructure. Those have
`nothing to do with the '676 other than providing the
`environment under which the '676 operates.
` But if you -- if you want me to cite specific
`standards, I'd have to go back to the -- to the
`hierarchy of the standards.
` Q Okay. When you refer to the -- the level of
`knowledge that is possessed by a person of ordinary
`skill in the art, you said that they would understand
`UMTS systems; correct?
` A To -- to the degree to which they would need
`to implement such a thing, yes.
` Q Okay. And what -- what does that mean, "to
`the degree that they would need to implement such a
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`thing"?
` A Well, they don't need to know the encryption
`algorithms, for example. They don't need to know the
`power supply redundancy standards for core
`infrastructure. They don't need to know the eNode B to
`core protocols and connection standards, things like
`that.
` They -- they need to know -- as I was
`mentioning before, they need to know basically the
`frame structures and they need to know the -- the
`status reporting requirements and the transmit slot
`assignment processes.
` Q Okay. And is it your opinion that a person of
`skill in the art with this particular level of
`experience referred to in paragraph 41 of your
`declaration would have that knowledge?
` A Yes.
` Again, my question is: Who would I hire to
`implement such a thing or to design such a thing? And
`someone with that level of knowledge would have this
`experience.
` Q Okay. And when you're referring to the UMTS,
`that they would have this level of knowledge regarding
`the UMTS systems, does that also include LTE?
` A Yes.
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` Q Okay. Let's turn to page 4 of your
`declaration, please.
` A Yes.
` Q And on page 4, there is a Section II that's
`titled "Legal Principles."
` Do you see that?
` A Yes.
` Q Okay. And I believe you said earlier that
`Mr. Nash provided this section of the declaration.
` Is that correct?
` A No.
` Q Okay. How did this -- these legal principles
`come to be in your declaration?
` A Mr. Nash provided the first draft.
` Q Okay. And you provided edits to the -- the
`legal section?
` A Yes.
` Q And what were those edits related to?
` A My understanding of the legal principles.
` Q Are you a lawyer?
` A I'm a registered patent agent.
` Q Are -- are you a lawyer?
` A No.
` Q Okay. Do you remember which edits that you
`made to this section of the legal principles?
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` MR. NASH: Objection. I'm -- I'm going to
`instruct the witness not to answer. I don't think that
`it's proper scope of discovery to get into previous
`drafts of an expert's opinion. He's already stated the
`process by which he went to create the dec- -- this
`declaration, and the specifics of that process are
`privileged.
` THE WITNESS: Can I have the question again,
`please?
`BY MR. SAAD:
` Q Do you remember which edits that you made to
`this section of the legal principles?
` A I don't recall.
` Q Okay. Let's turn to page 8, please.
` A Yes.
` Q Okay. In paragraph 24, you provide your
`understanding regarding obviousness; is that correct?
` A Yes.
` Q And in the first para- -- the first sentence,
`you state that "An invention is obvious if a designer
`of ordinary skill in the art facing the wide range of
`needs created by developments in the field would have
`seen an obvious benefit to the solution tried by the
`applicant."
` A Yes.
`
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` Q Is that your understanding?
` A It is.
` Q Did you apply that understanding to your
`analysis in this declaration?
` A Yes.
` Q And then the next sentence states, "When there
`is a design need or market pressure to solve a problem
`and there are a finite number of identified predictable
`solutions, it would be obvious to a person of ordinary
`skill to try the known options."
` Is that correct?
` A You read that correctly.
` Q Is that still your understanding?
` A It is.
` Q Did you apply that understanding to your
`analysis in this declaration?
` A Yes.
` Q What is the problem that is solved by the
`inventors of the '676 patent?
` A So the '676 patent, as I discuss in
`paragraph 34 of the report, generally -- generally
`relates to wireless communications and reporting of the
`power status or the power headroom information back
`into the infrastructure. And the '676 inventors wanted
`to provide for an efficient mechanism to report that
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`power status information at appropriate times.
` And I refer you to Column 3 of the '676
`patent. Lines 60 to 65 say that "Consequently,
`reporting of power headroom or some equivalent
`information is needed. However, reporting of the power
`control headroom is a trade-off between uplink
`signaling overhead versus the performance improvements
`that result from having this information readily
`available at the eNode B."
` So there's a -- there's a trade-off involved
`in having too much information about the UE's power
`status versus having enough information to make the UE
`efficient, and the inventors of the '676 attempted to
`solve that.
` Q Is it your opinion that there are a finite
`number of identified predictable solutions to that
`problem?
` A Yes.
` Q What are those identified finite number of
`solutions?
` A I have not enumerated those in my report.
` Q Okay. But you do have that -- you do hold the
`opinion that there is a finite number of solutions?
` A Yes.
` Q And at the time of the invention of the '676
`
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`patent, is it your opinion that those finite -- that
`that finite number of solutions had been identified?
` MR. NASH: Objection. Form.
` THE WITNESS: They were understood by one of
`ordinary skill in the art. Yes.
`BY MR. SAAD:
` Q Are you distinguishing your answer from the
`term "identified"?
` MR. NASH: Objection. Form.
` THE WITNESS: I'm not sure what you mean by
`"identified."
`BY MR. SAAD:
` Q That's -- and I'm looking at paragraph 24 of
`your understanding of -- of the legal principles. And
`that's the term that's used there, that "there are a
`finite number of identified, predictable solutions."
` A In that context, then, that's what I mean by
`"identified."
` Q Okay. So --
` A So they were understood by one of ordinary
`skill in the art.
` Q Okay. And so what would those finite number
`of identified solutions encompass?
` A Basically, at a high level, you could report
`the power status on a periodic schedule, you could
`
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`Page 26
`report the power status on a random schedule, you could
`report the power status on a variable schedule, or you
`could report the power status based on some event that
`occurred at the UE.
` Q Okay. And when you use the term "power
`status," are you using that term in a different manner
`than "power headroom"?
` A Power headroom is one form of power status,
`yes.
` Q Okay. And how did you determine that each of
`those finite solutions that you say existed were known
`at the time of the '676 patent?
` A Well, three out of those four are discussed by
`Kwak. The fourth one is the random reporting, which
`probably is not a viable, practical solution but would
`be known.
` And Kwak is K-w-a-k.
` Q Okay. And how did the knowledge of those
`finite number of solutions affect your opinion
`regarding the obviousness of the '676 patent claims?
` MR. NASH: Objection. Form.
` THE WITNESS: Are you asking about a
`particular paragraph in my report?
`BY MR. SAAD:
` Q No. I'm just -- I'm asking based on your
`
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`understanding of the principles of obviousness and how
`your opinion that those finite number of solutions were
`known at the time the '676 patent would have been
`applied to the legal principles that resulted in your
`conclusion that the claims are obvious.
` MR. NASH: Objection. Form.
` THE WITNESS: I don't understand the
`question.
`BY MR. SAAD:
` Q Okay. Did -- did you rely on the fact that
`you believe a person of skill in the art would have
`known each of those solutions in rendering your
`opinions?
` A Not that I've expressed.
` Q Okay. So that was not part of your analysis
`or -- or the basis for your opinions?
` MR. NASH: Objection to form.
` THE WITNESS: Well, it is --
` MR. NASH: Misstates testimony.
` THE WITNESS: It is part of my opinion, but my
`opinion with regards to Kwak is that Kwak discloses
`each and every element of the claim, so the independent
`claims of the '676. That's my basis for my 103 [sic]
`conclusion.
`///
`
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`BY MR. SAAD:
` Q Okay. So am I correct that you did not apply
`this general knowledge of these finite number of
`solutions that you believe a person of skill in the art
`would have had to your analysis resulting in the
`conclusions provided in your declaration?
` MR. NASH: Objection. Form.
` THE WITNESS: That's not the limiting aspect
`of my opinion.
`BY MR. SAAD:
` Q And what do you mean by "the limiting aspect"
`of your opinion?
` A The fact that these finite alternatives were
`known prior to the application of the '676 is not my
`sole basis for determination of obviousness.
` Q Okay. But is it a basis for that opinion,
`if -- even if it's not the sole basis?
` A Not that I've expressed in my report, that I
`recall.
` Q Okay. Outside of what is expressed in your
`report, did it play into the opinions that are provided
`in your report?
` A It is an alternate opinion that is not
`expressed in the report, because it's sufficient to
`provide the opinion I did provide in my report.
`
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` Q Sufficient for what?
` A In my mind, to prove that Kwak is an
`obviousness reference to the '676.
` Q Okay. Let's turn to page 12, please, of your
`declaration.
` A Yes.
` Q Page 12 has a section discussing your
`understanding of the date of invention.
` Do you see that?
` A Yes.
` Q What is the date of invention that you applied
`to your analysis as it relates to the '676 patent?
` MR. NASH: Objection. Form.
` Objection. Lacks foundation.
` THE WITNESS: In paragraph 40, I indicate that
`the claimed priority date for the '76- -- '676 patent
`is June 27, 2007.
`BY MR. SAAD:
` Q Okay. And is that the date that you applied
`in your analysis?
` A As I recall, yes.
` Q And why did you use that particular date in
`your analysis?
` A I don't recall.
` Q Okay. In paragraph 40, you state that "The
`
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`claimed priority date for the '676 patent is June 27,
`2007."
` A Yes.
` Q Did you just accept that the claimed priority
`date was the date that you were going to apply in your
`analysis, or did you make some sort of determination as
`to whether that was the correct date to apply?
` MR. NASH: Objection. Form.
` THE WITNESS: Well, as I understand it, the
`priority date can only be officially determined by a
`court or finder of fact. This is my working
`assumption.
`BY MR. SAAD:
` Q And why did you assume this to be the date?
` A It's the date that was discussed between
`myself and the attorneys.
` Q Have you provided an opinion regarding whether
`that is the correct priority date for the '676 patent?
` A No.
` Q Okay. If you'll turn to page 13 of your
`declaration, please.
` A Yes.
` Q Okay. On page 13, there's a Section III
`titled "The '676 Patent," and under there, there's a
`subsection A titled "The '676 Patent Technology
`
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`Background and Disclosure."
` Do you see that?
` A Yes.
` Q Did you draft this portion of the declaration?
` A I don't recall. I certainly edited it, and it
`reflects my opinion.
` Q Okay. If you'll turn to page 16,
`paragraph 36. That is a part of that same
`subsection A.
` Do you see there?
` A Yes.
` Q Okay. In paragraph 36, what is the opinion
`that you're expressing?
` A Okay.
` MR. NASH: Objection. Form.
`Lacks foundation.
` THE WITNESS: Well, in this paragraph, I'm
`discussing the '676 specification and in t
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