Page 1
`
` IN THE UNITED STATES DISTRICT COURT
` FOR THE EASTERN DISTRICT OF TEXAS
` MARSHALL DIVISION
`- - - - - - - - - - - - - - - -x
`PERSONALIZED MEDIA :
`COMMUNICATIONS, LLC, :
` Plaintiff, : CIVIL ACTION NO.
`v. : 2:15-cv-01366-JRG-RSP
`APPLE, INC., : (LEAD CASE)
` Defendant. :
`- - - - - - - - - - - - - - - -x
`PERSONALIZED MEDIA :
`COMMUNICATIONS, LLC, :
` Plaintiff, : CIVIL ACTION NO.
`v. : 2:15-cv-01206-JRG-RSP
`TOP VICTORY ELECTRONICS : (CONSOLIDATED CASE)
`(TAIWAN) CO, LTD., TPV INT'L :
`(USA), INC., ENVISION :
`PERIPHERALS, INC., TOP VICTORY :
`ELECTRONICS (FUJIAN) CO. LTD., :
`TPV ELECTRONICS (FUJIAN) CO. :
`LTD., TPV TECHNOLOGY LTD., :
`HON HAI PRECISION INDUSTRY :
`(TAIWAN) CO., LTD., WISTRON :
`CORP., WISTRON INFOCOMM :
`TECHNOLOGY (TEXAS) CORP., :
`WISTRON INFOCOMM TECHNOLOGY :
`(AMERICA) CORP., and VIZIO, :
`INC. :
` Defendants. :
`- - - - - - - - - - - - - - - -x
`
`TransPerfect Legal Solutions
`212-400-8845 depo@transperfect.com
`
`APPLE EXHIBIT 1049
`APPLE v. PMC
`IPR2016-01520
`Page 1
`
`

`

`Page 4
` A P P E A R A N C E S C O N T I N U E D
` ON BEHALF OF PLAINTIFF PMC:
` TIMOTHY DEWITT, ESQUIRE
` 24IP LAW GROUP USA
` 12 East Lake Drive
` Annapolis, Maryland 21403
` (410) 212-2539
` Tdewitt@24ipusa.com
`
` ON BEHALF OF PLAINTIFF PMC:
` DMITRY KHEYFITS, ESQUIRE
` KHEYFITS, P.C.
` 9th Floor
` 1140 Avenue of the Americas
` New York, New York 10036
` (212) 203-5399
` Dkheyfits@kheyfits.com
`
`Page 5
` A P P E A R A N C E S C O N T I N U E D
` ON BEHALF OF DEFENDANT APPLE:
` ALAN RABINOWITZ, ESQUIRE
` KIRKLAND & ELLIS LLP
` 601 Lexington Avenue
` New York, New York 10022
` (212) 446-4663
` Alan.rabinowitz@kirkland.com
`
` JOEL R. MERKIN, ESQUIRE (by telephone)
` 300 North LaSalle Street
` Chicago, Illinois 60654
` (312) 862-2179
` Joel.merkin@kirkland.com
`
`Page 2
` Videotaped Deposition of ALFRED WEAVER, PH.D.
` Washington, D.C.
` Friday, May 27, 2016; 9:05 a.m.
`
`Job No.: 16467
`Reported by: Cassandra E. Ellis, RPR
`
` Deposition of ALFRED WEAVER, PH.D., held at
`the offices of Kirkland & Ellis LLP, Suite 1200, 655
`15th Street, Northwest, Washington, D.C. 20005
`pursuant to agreement before Cassandra E. Ellis,
`Registered Professional Reporter, Certified Shorthand
`Reporter, and Notary Public of The District of
`Columbia.
`
`Page 3
` A P P E A R A N C E S
` ON BEHALF OF PLAINTIFF PMC:
` LANA S. SHIFERMAN, ESQUIRE
` GOODWIN PROCTER LLP
` Exchange Place
` 53 State Street
` Boston, Massachusetts 02109
` (617) 570-1000
` Lshiferman@goodwinprocter.com
`
` CE LI, PH.D., ESQUIRE
` GOODWIN PROCTER LLP
` 901 New York Avenue
` Washington, D.C. 20001
` (202) 346-4000
` Cli@goodwinprocter.com
`
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`2 (Pages 2 to 5)
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`APPLE EXHIBIT 1049
`APPLE v. PMC
`IPR2016-01520
`Page 2
`
`

`

`Page 6
`
`Page 8
`
` A P P E A R A N C E S C O N T I N U E D
` ON BEHALF OF DEFENDANTS VIZIO/TOP VICTORY:
` KEVIN G. MCBRIDE, ESQUIRE
` ROMEAO JENNINGS, ESQUIRE (by telephone)
` AKIN GUMP STRAUSS HAUER & FELD LLP
` Suite 1900
` 4 Park Plaza
` Irvine, California 92614
` (949) 885-4100
` Kmcbride@akingump.com
` Rjennings@akingump.com
`
` ON BEHALF OF DEFENDANT WISTRON:
` RACHEL E. BURNIM, ESQUIRE (by telephone)
` K&L GATES LLP
` Suite 1200
` 4 Embarcadero Center
` San Francisco, California 94111
` (415) 882-8079
` Rachel.burnim@klgates.com
`
` ALSO PRESENT: Joseph E. Ellis, CLVS
`
`Page 7
`
` C O N T E N T S
`EXAMINATION OF ALFRED WEAVER, PH.D. PAGE
` By Mr. Rabinowitz 11
` By Mr. McBride 164
`
` E X H I B I T S
` (Attached to the Transcript)
`ALFRED WEAVER, PH.D. Deposition Exhibit PAGE
`Exhibit 1 Declarations of Alfred C. Weaver, 17
` Ph.D., in Support of Plaintiff's Opening
` Claim Construction Brief
`Exhibit 2 US Patent 8,191,091 B1 51
`Exhibit 3 Radio Shack Dictionary of Electronics 116
` Excerpt by Rudolf F. Graf
`Exhibit 4 Dictionary of Computers, Information 117
` Processing, and Telecommunications 2nd
` Edition by Jerry M. Rosenberg, Ph.D.
`Exhibit 5 US Patent 8,752,088 B1 139
`Exhibit 6 Plaintiff's Opening Claim 159
` Construction Brief
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` E X H I B I T S C O N T I N U E D
` (Attached to the Transcript)
`ALFRED WEAVER, PH.D. Deposition Exhibit PAGE
`Exhibit 7 Declarations of Alfred C. Weaver, 172
` Ph.D, in Support of PMC's Supplemental
` Brief in Opposition to Amazon's Motion
` For Judgment on the Pleadings (D.I. 86,87)
`Exhibit 8 Copy of Just the Claims from 180
` US Patent Number 7,752,649
`Exhibit 9 US Patent 7,747,217 B1 205
`
`Page 9
`
` P R O C E E D I N G S
` THE VIDEOGRAPHER: Good
` morning. This is the beginning of
` disc number one in the deposition
` of Dr. Alfred Weaver, Ph.D., taken
` in the matter of Personalized
` Media Communications, LLC,
` plaintiff, versus Apple,
` Incorporated, defendant, and
` Personalized Media Communications,
` LLC, plaintiff, versus Top Victory
` Electronics (Taiwan) Company, LTD,
` et al, defendants. With a
` Consolidated Case Number of
` 2:15-CV-01206-JRG-RSP, held in the
` United States District Court, for
` the Eastern District of Texas,
` Marshall Division.
` Today's date is May 27th,
` 2016, and the time on the monitor
` is 9:05 a.m. My name is Joseph
` Ellis, I'm the videographer, the
`
`TransPerfect Legal Solutions
`212-400-8845 depo@transperfect.com
`
`3 (Pages 6 to 9)
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`APPLE EXHIBIT 1049
`APPLE v. PMC
`IPR2016-01520
`Page 3
`
`

`

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`Page 10
` court reporter is Cassandra Ellis,
` and we are here with Transperfect
` Legal Solutions.
` If counsel would please
` introduce yourselves, and whom you
` represent, after which the court
` reporter will swear in the witness
` and you may proceed.
` MR. RABINOWITZ: Alan
` Rabinowitz, of Kirkland and Ellis,
` representing Apple, and with me by
` phone is Joel Merkin, also of
` Kirkland and Ellis.
` MR. MCBRIDE: Kevin McBride,
` representing Vizio, the Top
` Victory defendants, and Hon Hai,
` with me is Romeao Jennings, by
` phone.
` MS. BURNIM: This is Rachel
` Burnim, by phone, of K&L Gates,
` representing, the Wistron
` defendants.
`
`Page 11
` MS. SHIFERMAN: Lana
` Shiferman, of Goodwin and Procter,
` on behalf of PMC.
` MR. KHEYFITS: Dmitry
` Kheyfits, of Kheyfits P.C., on
` behalf of PMC.
` MR. LI: Ce Li, of Goodwin
` and Procter, on behalf of PMC.
` MR. DEWITT: Timothy DeWitt,
` of the 24IP Law Group USA, on
` behalf of PMC.
` ALFRED WEAVER, PH.D.
` having been first duly sworn, testified as
` follows:
` EXAMINATION
`BY MR. RABINOWITZ:
` Q Good morning, Dr. Weaver.
` A Good morning.
` Q Would you please state your
` full name for the record?
` A Alfred Charles Weaver.
` Q And would you please state your
`
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`Page 12
`
` address?
` A Home address or business
` address?
` Q I think business address is
` fine.
` A Okay. It's the Department of
` Computer Science, University of Virginia,
` 85 Engineers Way, Charlottesville,
` Virginia 22904.
` Q That's quite a mouthful.
` A Yes.
` THE VIDEOGRAPHER: One
` second. Can you put the
` microphone on the lapel, please?
` THE WITNESS: Over here?
` THE VIDEOGRAPHER: Yes.
` THE WITNESS: Okay.
`BY MR. RABINOWITZ:
` Q And you've been deposed before,
` haven't you?
` A Yes, I have.
` Q Do you have a recollection of
`
`Page 13
` how many times you've been deposed
` before?
` A I could guess maybe six or
` eight.
` Q And have you testified before a
` judge in a courtroom or an administrative
` proceeding?
` A Yes, I have.
` Q How many times?
` A I think six.
` Q Okay. So I'm sure you have a
` general sense of how this works, but I'd
` like to go over the ground rules just so
` everybody's clear what we're doing.
` So first, because the court
` reporter's trying to take down everything
` we say, she can only take down verbal
` answers, so anything you respond to one
` of my questions has to be verbal. You
` can't -- no head nods or -- or shakes of
` the head or anything of that sort, all
` right?
`
`TransPerfect Legal Solutions
`212-400-8845 depo@transperfect.com
`
`4 (Pages 10 to 13)
`
`APPLE EXHIBIT 1049
`APPLE v. PMC
`IPR2016-01520
`Page 4
`
`

`

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`
` A Okay.
` Q And another thing is that it
` would be very difficult for the court
` reporter to take down what we're saying
` if we're speaking over one other. So I'd
` ask that before you answer one of my
` questions, you wait until I've completed
` it, and that I will do the same for your
` answers. I'll wait until you're done.
` Your counsel is likely to want to object,
` occasionally, so let's try not to speak
` over her, either.
` If there is something
` unclear about any of my questions,
` will you let me know?
` A Yes.
` Q If you answer a question
` without asking me to clarify, will it be
` fair for me to assume that you've
` understood my question?
` A Yes.
` Q We'll try and take a break
`
`Page 15
` probably every hour or so, but if at any
` point you need a break, please feel free
` to let me know.
` I just ask that you wait, if
` there's a question pending, until it's
` been answered, okay?
` A Okay.
` Q You understand that the oath
` you took today is the same as one that
` you would take in a courtroom; right?
` A I do.
` Q Okay. Is there any reason that
` you can't testify truthfully or fully
` today?
` A No reason.
` Q Are you on any medication that
` would impair your ability to testify
` fully or truthfully?
` A No.
` Q Okay. Dr. Weaver, we -- you
` submitted a declaration in support of
` PMC's opening claim construction brief;
`
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` is that correct?
` A That's correct.
` Q And when I used the phrase, the
` term, PMC, I was referring to
` Personalized Media Communications, LLC;
` did you understand that?
` A I did.
` Q If I continue to use PMC,
` throughout this deposition, will you
` understand what I'm talking about?
` A Yes.
` Q Okay. You understand that the
` -- this deposition will cover the subject
` matter that's in the declaration that you
` submitted; is that right?
` A I do understand that.
` MR. RABINOWITZ: Okay. I'm
` going to pass to the reporter a
` copy of your declaration titled:
` Declaration of Alfred C. Weaver,
` Ph.D., In Support of Plaintiff's
` Opening Claim Construction Brief.
`
`Page 17
` And I believe that will be marked
` as Exhibit 1.
` (Exhibit No. 1 was marked
` for identification.)
` MR. RABINOWITZ: I've got
` one more. I apologize. I do not
` have enough exhibits printed for
` everybody on your team.
` MS. SHIFERMAN: That's all
` right.
`BY MR. RABINOWITZ:
` Q Does Exhibit 1, Dr. Weaver,
` appear to be a true and correct copy of
` the declaration that you submitted on May
` 17th?
` A Yes, it does.
` Q Okay. If I refer throughout
` this deposition to the declaration or
` your declaration, will you understand
` that I'm talking about Exhibit 1?
` A Yes.
` Q Okay. If you would please turn
`
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`
`5 (Pages 14 to 17)
`
`APPLE EXHIBIT 1049
`APPLE v. PMC
`IPR2016-01520
`Page 5
`
`

`

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`Page 18
` to paragraph three of the declaration,
` paragraph three states: "For purposes of
` this declaration I have been asked to
` provide an expert technical analysis as
` to issues related to the proper
` interpretation of certain claim terms in
` the claims of," and then you list a
` number of patents.
` I'm going to just read the
` patent numbers, without the
` abbreviations, to start. US Patent
` Numbers 8,191,091; 8,559,635; 7,752,649;
` and 8,752,088. Did I correctly identify
` those patents?
` A Yes, you did.
` Q If I refer to, throughout
` today, to the `091 patent, will you
` understand that I mean Patent Number
` 8,191,091?
` A Yes.
` Q If I refer to the `635 patent,
` will you understand that I mean Patent
`
`Page 19
`
` Number 8,559,635?
` A Yes.
` Q If I refer to the 2'649 patent,
` will you understand that I mean US Patent
` Number 7,752,649?
` A Yes.
` Q And if I refer to the `088
` patent, will you understand that I mean
` US patent number 8,752,088?
` A Yes.
` Q All right. There's also a
` footnote to paragraph three in which you
` list a number of additional patents; is
` that right?
` A Yes.
` Q And those patents were asserted
` against Vizio and TPV defendants, not
` against Apple; is that your
` understanding?
` A It is.
` Q Now, if I refer to the asserted
` patents, will you understand that I mean
`
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`Page 20
` all the patents that are asserted against
` both Apple and the Vizio defendants?
` A Okay, I'll understand that.
` Q Okay.
` MS. SHIFERMAN: Objection,
` form.
`BY MR. RABINOWITZ:
` Q Now, you're aware, are you not,
` that the asserted patents all share the
` same specification; is that correct?
` A That's correct.
` Q And are you aware that that
` specification comes from a 1987
` continuation in part application?
` A I am.
` Q If I refer to the 1987
` specification, will you understand that
` I'm referring to the shared specification
` of the asserted patents?
` A Yes.
` Q There is also a 1981
` specification that you refer to
`
`Page 21
` occasionally in your declaration; is that
` correct?
` A That's correct.
` Q And that's the declaration --
` that's the -- the specification of US
` Patent Number 4,694,490; is that correct?
` A That's correct.
` Q If I refer to the `490 patent
` or the 1981 specification, will you
` understand I'm referring to the
` specification of Patent Number 4,694,490?
` A Yes.
` Q Okay. I'd like to turn to
` paragraph 12 of your declaration. And in
` paragraph 12, you state: "In preparing
` my opinions detailed in this declaration
` I have reviewed and considered the claims
` and common specification of the `091
` patent, the `635 patent, the 2'649
` patent, the `088 patent, the `217 patent,
` the `650 patent, the `6649 patent, the
` `775 patent, and the `885 patent that PMC
`
`TransPerfect Legal Solutions
`212-400-8845 depo@transperfect.com
`
`6 (Pages 18 to 21)
`
`APPLE EXHIBIT 1049
`APPLE v. PMC
`IPR2016-01520
`Page 6
`
`

`

`Page 22
`
` has asserted in the litigations,
` collectively, the asserted patents"; did
` I read that right?
` A I believe so.
` Q You also state: "I have also
` reviewed the 1981 specification, as found
` in US Patent Number 4,694,490," which you
` define as the `490 patent; is that
` correct?
` A That's correct.
` Q And then, in the last sentence,
` you state: "I have reviewed the parties'
` Joint Claim Construction and Pre-Hearing
` Statements and the evidence cited in the
` exhibits thereto"; did I read that
` correctly?
` A Yes.
` Q Did you read and review
` everything in the Joint Claim
` Construction statement?
` A I reviewed -- yes, I did.
` Q You reviewed all of the
`
`Page 23
` intrinsic evidence cited by Apple?
` A Could you show me this document
` so that I can be sure to answer
` correctly?
` Q Well, I will get that for you
` at a break; is that all right?
` A Sure.
` Q We can go back to that.
` A Okay.
` Q Is there anything in -- is
` there anything, other than what's listed
` in paragraph 12, that you reviewed in
` connection with this declaration?
` A No.
` Q With the exception of certain
` dictionary definitions, in paragraph 46
` of your declaration, you don't cite to
` anything other than the asserted patents
` or the `490 patent; is that correct?
` A Yes, that's correct.
` Q You don't refer to any industry
` publications or other independent
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`
` sources; is that right?
` A Correct.
` Q Okay. Have you read the
` entirety of the 1987 specification?
` A Yes.
` Q How recently?
` A Two weeks ago.
` Q That's quite a big book, isn't
` it?
` A Yes, it is.
` Q If you would turn, please, to
` page seven of your declaration, there is
` a section headed: "Person of Ordinary
` Skill in the Art"; do you see that?
` A I do.
` Q And in paragraph 26 of that
` section, you state that: "In my opinion,
` the asserted claims or the asserted
` patents are directed to a person with at
` least a Bachelor's degree or equivalent
` in digital electronics" -- digital
` engineer -- "electrical engineering, or
`
`Page 25
` computer engineering, having two to five
` years of post-degree experience in system
` engineering or equivalent"; is that
` right?
` A That's correct.
` Q If I refer, today, to a person
` of ordinary skill in the art, will you
` understand that I'm using the term as you
` defined it here in your declaration?
` A Yes.
` Q Okay. You've submitted another
` declaration in the PMC versus Apple case;
` is that correct?
` A Correct.
` Q And that was a declaration in
` support -- or in support of PMC's
` opposition to Apple's motion to dismiss;
` is that correct?
` A Correct.
` Q Are the opinions that you've
` provided in that declaration consistent
` with the opinions in the declaration
`
`TransPerfect Legal Solutions
`212-400-8845 depo@transperfect.com
`
`7 (Pages 22 to 25)
`
`APPLE EXHIBIT 1049
`APPLE v. PMC
`IPR2016-01520
`Page 7
`
`

`

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`
` that's been marked as Exhibit 1?
` A Yes.
` Q You've submitted declarations
` in support of PMC in other matters, as
` well; is that correct?
` A Correct.
` Q How many declarations do you
` think you've submitted in support of PMC?
` MS. SHIFERMAN: Objection,
` form.
` A I don't remember.
` Q Are the opinions in those
` declarations consistent with those that
` appear in Exhibit 1?
` MS. SHIFERMAN: Objection,
` form.
` A Yes.
` Q Okay. I'd like to talk a
` little bit about television in the 1980s,
` all right?
` A Okay.
` Q Television programming in the
`
`Page 27
` 1980s would have been transmitted either
` over the air or via cable; is that
` correct?
` A Are you using programming as
` the term is used in the patents?
` Q No. How would you understand
` the word programming?
` A For our consideration, today, I
` would consider programming to be as
` defined in the patents.
` Q Okay. What about the phrase
` "television programming," what would that
` mean to you?
` A That would be television audio
` and television video.
` Q And what does it mean for
` something to be television audio and
` television video?
` A It would mean that it's either
` transmitted over the airwaves or
` transmitted over coaxial cable or
` delivered in -- in some other format that
`
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` allows one to reproduce a television
` picture and -- and sound.
` Q And when you say, "A television
` picture and sound," do you mean a picture
` and sound that's designed by a particular
` television standard?
` A If it's analog television, that
` would be true, either the American or the
` European standard or the Asian standard.
` If it's -- if it's digital television
` then I'm not sure what standard. I don't
` know the name of the standard that would
` apply.
` Q So you referred to an American,
` European, and Asian standard of analog
` television; is that right?
` A Right.
` Q And would the American standard
` of analog television be NTSC?
` A It would.
` Q And would the European standard
` of television, analog television, be PAL,
`
`Page 29
`
` P-A-L?
` A Yes, it would.
` Q And would the Asian standard of
` television be CCAM?
` A It would be.
` Q And you said that you weren't
` quite sure what the standard would be for
` digital television; does the term ATSC
` ring a bell?
` A Yes.
` Q Would you understand ATSC to be
` the digital standard of the standard of
` digital television in the United States?
` A Yes.
` Q So television programming, as
` you understand it, is television
` audio/video that is transmitted over the
` air or via cable or some other fashion
` that is of the NTSC, CCAM, PAL, or ATSC
` standard; is that correct?
` MS. SHIFERMAN: Objection,
` form.
`
`TransPerfect Legal Solutions
`212-400-8845 depo@transperfect.com
`
`8 (Pages 26 to 29)
`
`APPLE EXHIBIT 1049
`APPLE v. PMC
`IPR2016-01520
`Page 8
`
`

`

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` A That's -- that's right, in that
` either the over-the-air broadcast or the
` cablecast or videotapes or video discs
` would conform to some standard.
` Q So you mentioned videotapes and
` video discs, how would a videotape or a
` video disc be television programming?
` A It would contain television
` video and television audio.
` Q And by that you mean that it
` would be in one of the standards we
` listed before?
` A Yes.
` Q Okay. So we talked about -- so
` now, going back to where we started, we
` were talking about how television was
` transmitted in the 1980s; is that -- so
` transmitted -- it would have been
` transmitted in either the over-the-air
` fashion or via cable; is that correct?
` MS. SHIFERMAN: Objection,
` form.
`
`Page 31
` A Transmitted, yes, but the --
` the source material could also be the
` videotape or the laser disc.
` Q Would you consider programming
` that was on a videotape or video disc to
` be transmitted to a television?
` MS. SHIFERMAN: Objection,
` form.
` A If it's transmitted, yes.
` Q And what does it mean to you
` for something to be transmitted?
` MS. SHIFERMAN: Objection,
` form.
` A To be -- to be transmitted over
` the airwaves or the cable.
` Q And when you refer to cable are
` you talking about coaxial cable in a
` multichannel cable system?
` MS. SHIFERMAN: Objection,
` form.
` A Yes.
` Q So if one were to tran- -- if
`
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` one were to convey television programming
` from a VCR, for example, that was
` connected to a television, that would not
` be transmitting under your understanding;
` is that correct?
` A If that VCR is transmitted --
` excuse me -- is connected to the
` receiving and displaying station, then
` no, it's not transmitted.
` Q And when you say it's connected
` to the receiving and displaying section
` -- station -- you mean directly
` connected, as in a viewer's home; right?
` A Yes.
` Q You were accepting the
` situation where a VCR or a video disc
` player was connected, for example, at a
` cable head end; is that right?
` A That's right.
` Q So we mentioned both
` over-the-air and cable transmission;
` right?
`
`Page 33
`
` A We did.
` Q And over-the-air could have
` been in one of two forms, it could have
` been a terrestrial broadcast station or
` it could have been a satellite; is that
` correct?
` A Correct.
` MS. SHIFERMAN: Objection,
` form.
`BY MR. RABINOWITZ:
` Q Now, in the 1980s, both
` over-the-air and cable transmissions
` would have been point to multipoint in
` nature; is that right?
` A They would have included that,
` yes.
` Q Would they have included some
` other form of transmission?
` A The -- the televi- -- the
` analog television signal would be a point
` to multipoint, a digital signal could be
` point-to-point or point to multipoint,
`
`TransPerfect Legal Solutions
`212-400-8845 depo@transperfect.com
`
`9 (Pages 30 to 33)
`
`APPLE EXHIBIT 1049
`APPLE v. PMC
`IPR2016-01520
`Page 9
`
`

`

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`Page 34
` because it could contain addressing,
` which the analog channel does not.
` Q So you talked about an analog
` television signal and a digital
` television signal; is that correct?
` A Yes.
` Q Would you please explain what
` you mean by an analog television signal?
` A The analog television signal is
` when -- when broadcast over-the-air or
` cablecast can be picked up by any
` receiver that -- that has the right kind
` of antenna to pick up that information.
` Q And how would you distinguish a
` digital television signal?
` A So as the digital -- as -- as
` the term digital television is used in
` the patents it is addressable to one
` station or multiple stations.
` Q So a digital television signal,
` as you believe it is used in the patents,
` could be an analog signal that contains
`
`Page 35
`
` addressable information?
` A No.
` MS. SHIFERMAN: Objection.
`BY MR. RABINOWITZ:
` Q So in what sense is a digital
` television signal addressable to one
` station or multiple stations?
` A As the term is used, as -- as
` the term digital television and broadcast
` print and -- and as -- as those -- as
` those three terms are used in -- in the
` patent the signals can be -- digital
` signals can be addressed via the SPAM
` messages to go to one receiver or a group
` of receivers or many receivers.
` Q Why don't we take a step back
` for a second, just to make sure we're --
` we're all understanding the terms that
` we're trying to use.
` Information can be conveyed in
` either an analog transmission or in a
` digital transmission; is that right?
`
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`
` A Right.
` Q And an analog transmission
` would be a continuous wave, and that
` would be something like a radio
` frequency; is that right?
` MS. SHIFERMAN: Objection,
` form.
` A That would be an example.
` Q And a digital transmission
` would include discrete signals, and that
` would include something like fiberoptics;
` right?
` MS. SHIFERMAN: Objection,
` form.
` A That would be an example.
` Q So those are transmissions,
` that's -- transmissions are distinct from
` the content of those transmissions;
` right?
` MS. SHIFERMAN: Objection,
` form.
` A Yes.
`
`Page 37
` Q You could transmit analog
` information in an analog transmission,
` couldn't you?
` A Yes.
` Q And you can transmit digital
` information in analog transmission;
` right?
` MS. SHIFERMAN: Objection.
` Objection, form.
` A Yes.
` Q Now, we were talking about
` broadcast and cablecasts of television
` signals in the 1980s; in the 1980s
` television signals would have been
` broadcast or cablecast using an analog
` transmission; is that correct?
` MS. SHIFERMAN: Objection,
` form.
` A That is one example, yes.
` Q What is another example?
` A Well, digital transmission over
` an analog medium or digital transmission
`
`TransPerfect Legal Solutions
`212-400-8845 depo@transperfect.com
`
`10 (Pages 34 to 37)
`
`APPLE EXHIBIT 1049
`APPLE v. PMC
`IPR2016-01520
`Page 10
`
`

`

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`Page 38
`
` over fiberoptic cable.
` Q Well, when we were talking
` about transmission, we were talking about
` the medium, before; right?
` A Mm-hmm.
` Q So an analog transmission is a
` transmission over an analog medium;
` right?
` MS. SHIFERMAN: Objection,
` form.
` A Yes.
` Q And a digital transmission is a
` transmission over a digital medium;
` correct?
` A Not necessarily, no.
` Q So how would you distinguish an
` analog transmission and a digital
` transmission?
` A You can transmit digital
` information over an analog medium.
` Q So any transmission that
` includes digital information is a digital
`
`Page 39
`
` transmission?
` A No.
` Q I'm -- I'm not sure I see the
` distinction.
` A The digital info- -- digital
` information can be transmitted over a
` digital medium or it can be transmitted
` over an analog medium.
` Q So if a digi- -- if digital
` information is transmitted over an analog
` medium, would you consider that a digital
` transmission or an analog transmission?
` A Digital.
` Q Okay. Now, in the 1980s, there
` were no digital television transmissions,
` were there?
` MS. SHIFERMAN: Objection,
` form.
` A The industry was developing
` digital television in the -- in the
` 1970s, so it was known.
` Q Were you done?
`
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`
` A I'm done. Thank you.
` Q But my question was a little
` bit different. My question was: Digital
` televisions were not -- there were no
` digital transmissions of television in
` the 1980s; isn't that right?
` MS. SHIFERMAN: Objection,
` form.
` A I don't know that to be true.
` The -- the technology for digital
` television was being developed in the
` 1970s. I don't have a date by which it
` was commercially available.
` Q So why don't we narrow it down
`