Page 1
` IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`--------------------------------------------------------
`NATUS MEDICAL INC., NATUS
`NEUROLOGY INC. EMBLA SYSTEMS
`LLC and EMBLA SYSTEMS LTD.,
` Petitioners,
` vs.
`NOX MEDICAL EHF.,
` Patent Owner.
`--------------------------------------------------------
` Case No. IPR2016-01822
` Patent No. 9,059,532.
` Issue Date: June 16, 2015
` Title: BIOMETRIC BELT CONNECTOR
`
` Deposition of JUSTIN WILLIAMS, Ph.D.
` Friday, May 5th, 2017
` 8:56 a.m.
` at
` HANSEN REYNOLDS LLC
` 316 North Milwaukee Street, Suite 200
` Milwaukee, Wisconsin
`
` Reported by Julie A. Poenitsch, RPR/RDR/CRR
`
`www.phippsreporting.com
`888-811-3408
`
`Natus Medical Inc., Natus Neurology Inc.,
`Embla Systems LLC and Embla Systems Ltd.
`IPR2016-01822 Ex. 1062,Page 1
`
`
` IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`--------------------------------------------------------
`NATUS MEDICAL INC., NATUS
`NEUROLOGY INC. EMBLA SYSTEMS
`LLC and EMBLA SYSTEMS LTD.,
` Petitioners,
` vs.
`NOX MEDICAL EHF.,
` Patent Owner.
`--------------------------------------------------------
` Case No. IPR2016-01822
` Patent No. 9,059,532.
` Issue Date: June 16, 2015
` Title: BIOMETRIC BELT CONNECTOR
`
` Deposition of JUSTIN WILLIAMS, Ph.D.
` Friday, May 5th, 2017
` 8:56 a.m.
` at
` HANSEN REYNOLDS LLC
` 316 North Milwaukee Street, Suite 200
` Milwaukee, Wisconsin
`
` Reported by Julie A. Poenitsch, RPR/RDR/CRR
`
`www.phippsreporting.com
`888-811-3408
`
`Natus Medical Inc., Natus Neurology Inc.,
`Embla Systems LLC and Embla Systems Ltd.
`IPR2016-01822 Ex. 1062,Page 1
`
`
`
`Page 2
` Deposition of JUSTIN WILLIAMS, Ph.D., a
`witness in the above-entitled action, was taken at the
`instance of the Patent Owner, under and pursuant to the
`Federal Rules of Civil Procedure, and pursuant to
`Notice, before me, JULIE A. POENITSCH, RPR/RDR,
`Certified Realtime Reporter, and Notary Public in and
`for the State of Wisconsin, at HANSEN REYNOLDS LLC, 316
`North Milwaukee Street, Suite 200, Milwaukee, Wisconsin,
`on the 5th day of May, 2017, commencing at 8:56 a.m. and
`concluding at 3:52 p.m.
`
` A P P E A R A N C E S
` HANSEN REYNOLDS LLC, by
` Mr. Jeremy Adelson and
` Ms. Marlee A. Jansen
` 316 North Milwaukee Street, Suite 200
` Milwaukee, Wisconsin 53129
` appeared on behalf of the Petitioners.
` WORKMAN NYDEGGER, by
` Mr. Chad E. Nydegger
` 60 East South Temple, Suite 1000
` Salt Lake City, Utah 84111
` appeared on behalf of the Patent Owner.
`
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`IPR2016-01822 Ex. 1062,Page 2
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`Page 3
`
` I N D E X
`EXAMINATION PAGE
`By Mr. Nydegger 4
`By Mr. Adelson 173
`By Mr. Nydegger 190
`
` E X H I B I T S
`NUMBER PAGE IDENTIFIED
`Exh. 1001 Copy of the '532 patent 85
`Exh. 1002 Expert report of Justin C. 10
` Williams, Ph.D.
`Exh. 1018 McIntire patent 33
`Exh. 2001 Petition for Interparty Review 21
`Exh. 2002 Copy of Figure 14 of McIntire 152
`Exh. 2003 Copy of Figure 14 of McIntire 156
`Exh. 2004 Copy of Figure 14 of McIntire 158
`Exh. 2005 Copy of Figure 14 of McIntire 162
`Exh. 2006 Copy of Figure 14 of McIntire 171
`(Original exhibits were attached to original transcript;
` PDF copies provided with transcript copies.)
`
` R E Q U E S T S
` (No requests were made.)
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` TRANSCRIPT OF PROCEEDINGS
` JUSTIN WILLIAMS, Ph.D., called as a
` witness herein by the Patent Owner, after having
` been first duly sworn, was examined and testified
` as follows:
` EXAMINATION
`BY MR. NYDEGGER:
`Q Good morning, Dr. Williams.
`A Good morning.
`Q I'm Chad Nydegger, appearing on behalf of Workman
` Nydegger -- or from Workman Nydegger, appearing on
` behalf of Nox Medical, the patent owner.
` MR. NYDEGGER: Would you like to make an
` appearance?
` MR. ADELSON: And appearing for the
` petitioners in IPR2016-01822, I am Jeremy Adelson,
` and with me is Marlee Jansen from the firm Hansen
` and Reynolds.
`BY MR. NYDEGGER:
`Q Good morning, Dr. Williams.
`A Good morning.
`Q Would you please state your name for the record.
`A Justin Williams.
`Q And would you spell that, please.
`A J-U-S-T-I-N, W-I-L-L-I-A-M-S.
`
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`Page 5
`Q And would you provide your address for the record,
` please.
`A N4138 Sleepy Hollow Road, Cambridge, Wisconsin,
` 53523.
`Q Dr. Williams, have you been deposed before?
`A No, I have not.
`Q Okay. I imagine your counsel has probably
` instructed you a bit on how depositions proceed,
` but just for the sake of everybody being on the
` same page, I'm going to go over a few ground rules,
` okay?
`A Okay.
`Q So during the deposition, I'll be asking you
` questions, to which you will be providing answers.
` You understand that?
`A Yes.
`Q And you were placed under oath just a few moments
` ago --
`A I was.
`Q -- correct?
`A I was.
`Q And so the answers that you give are given under
` penalty of perjury. You understand that?
`A Yes.
`Q Okay. And you'll notice that we have a court
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`IPR2016-01822 Ex. 1062,Page 5
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`Page 6
` reporter here, who is taking down everything that
` we say. And so in order for the court reporter to
` be able to make a clear record, we need to try and
` avoid speaking over one another.
`A Agreed.
`Q Okay. And so I will not start asking a question
` until you have finished your answer, and if you
` would not answer until I finish my question, that
` will help us have a clear record.
`A Agreed.
`Q Thank you.
` Also because we have a court reporter
` taking everything that we say down, we need to use
` verbal communications. It's very hard for the
` court reporter to take down nonwords, like um-hum
` or uh-uh, and also body language, like nods of the
` head or shakes of the head.
` So if you'd please provide verbal
` answers, that will help us have a clear record.
` Agreed?
`A Understood.
`Q Thank you. If at any point during the deposition I
` ask a question that you don't understand, you are
` welcome to ask me to clarify the question, and I
` will clarify the question to the best of my
`
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`Page 7
`
` ability, okay?
`A I agree.
`Q And if you don't ask me to clarify a question, then
` the record will reflect that your answer is the
` answer to the question that I asked. Do you
` understand that?
`A I understand that.
`Q Okay. If during the deposition you need to take a
` break for some reason, feel free to let me know,
` and I will look for a spot in the line of
` questioning for us to stop and take a break, okay?
`A I appreciate that.
`Q During the objection, your counsel will likely
` lodge objections to some of the questions that I
` ask. However, unless you are instructed not to
` answer, then you are to answer my questions despite
` the objections. Do you understand that as well?
`A Yes, I do.
`Q Okay. Dr. Williams, you are here to testify in
` connection with IPR2016-01822, challenging the
` claims of U.S. Patent 9,059,532, correct?
`A I don't have those numbers memorized, but if you
` put that in front of me, I could evaluate that.
`Q Okay. Well, you were retained as an expert witness
` to provide an expert report in connection with an
`
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`IPR2016-01822 Ex. 1062,Page 7
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`Page 8
`
` IPR, correct?
`A That is correct.
`Q And by IPR, you understand I'm referring to an
` Interparty Review Proceeding before the Patent and
` Trademark Office?
`A Yes.
`Q Okay. And Natus Neurology is the company that
` hired you as an expert witness, correct?
`A They have. Yes, they have hired me as an expert
` witness.
`Q Okay. Have you been retained by Natus in
` connection with any other matters besides this
` Interparty Review Proceeding?
`A You're talking specifically about just the IPR
` proceedings?
`Q Yes.
`A I understand that there's also litigation
` proceedings going on.
`Q Okay. And have you been hired to represent Natus
` in connection with a district court litigation?
`A Yes.
`Q Have you been hired by Natus in connection with any
` other proceedings besides the IPR, for which you're
` here today, and the district court litigation
` between Nox Medical and Natus?
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`IPR2016-01822 Ex. 1062,Page 8
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`Page 9
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`A No.
`Q So are you aware that Natus has been accused of
` infringing certain claims of the '532 patent?
`A I'm not a legal expert, but that is my
` understanding, as given from counsel.
`Q Okay. And I use the term "'532 patent." Do you
` understand that when I use the term "'532 patent,"
` I'm referring to U.S. Patent No. 9,059,532?
`A If you gave me a copy of that patent, I could
` verify that, but that is my general understanding.
`Q Okay.
`A And I don't memorize the whole, but I do refer to
` the patent under question as the '532 as well.
`Q Okay. I just want to make sure that we're
` communicating on the same plane. So thank you.
`A Yep.
`Q Were you aware of Nox Medical's infringement
` allegations at the time you prepared your report in
` connection with this IPR proceeding?
` MR. ADELSON: Objection to the extent
` that it calls for attorney-expert communications,
` but you may answer.
` THE WITNESS: Okay. Can you please
` restate that, that question?
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`IPR2016-01822 Ex. 1062,Page 9
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`Page 10
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`BY MR. NYDEGGER:
`Q Yes. At the time you prepared your report that you
` submitted in this IPR proceeding, were you aware
` that Nox Medical accused Natus's products of
` infringing the '532 patent?
`A I'd have to look at the exact timeline to verify
` that, but my recollection would say yes.
`Q Okay.
` MR. NYDEGGER: This is Exhibit 1002.
` (Exhibit 1002 marked for identification.)
`BY MR. NYDEGGER:
`Q Dr. Williams, you've been handed a copy of what's
` been marked as Exhibit 1002 in this IPR proceeding.
` Do you recognize that as the expert report that
` you've submitted?
`A I would have to look through it to verify that.
` Looks to be correct.
`Q Thank you.
` And attached as Exhibit B to your expert
` report is your CV, correct?
`A It appears to be. Looks correct.
`Q And does that CV accurately identify your
` educational experience?
`A It does.
`Q And so you obtained a B.S. in Mechanical
`
`www.phippsreporting.com
`888-811-3408
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`Embla Systems LLC and Embla Systems Ltd.
`IPR2016-01822 Ex. 1062,Page 10
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` Engineering in 1995 from South Dakota State
` University; is that correct?
`A That is correct.
`Q And did you obtain a B.S. in Engineering Physics in
` 1996, also from South Dakota State University?
`A That is correct.
`Q And then an M.S. in Bioengineering in 2001 from
` Arizona State University?
`A That is correct.
`Q And then you obtained a Ph.D. in the Department of
` Bioengineering in 2001 from Arizona State
` University?
`A That is correct.
`Q And then you received a Postdoctorate Fellow from
` the Department of Biomedical Engineering in 2003
` from the University of Michigan, correct?
` MR. ADELSON: Objection to the extent the
` document speaks for itself.
` THE WITNESS: That is correct.
`BY MR. NYDEGGER:
`Q Okay. Do you have any other educational degrees
` that you've obtained?
`A I have no other formal degrees.
`Q Have you ever been an employee for a company in the
` field of biomedical devices?
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`Page 12
`A My CV lists a number of different companies through
` which I have been an employee in the past that I
` would characterize as biomedical device companies,
` that is correct.
`Q Okay. And were you an employee of those companies?
`A Let me see. So three of them I was a consultant;
` was not an employee. In one I am an employee. I'm
` actually a member of the leadership council.
` That's a very recent change since my CV.
`Q So currently, you are an employee, correct --
`A Correct.
`Q -- of a private --
`A Of a private medical company, yes.
`Q Okay. When did that change occur?
`A That occurred -- I would have to look it up --
` March, I believe March of 2017.
`Q Okay. So very recent.
`A The transition from consultant to an actual
` employee. I am chief technical officer of NeuroOne
` Medical in Eden Prairie, Minnesota.
`Q And prior to becoming the chief technical officer
` in March of this year, had you been an employee of
` a company in the medical device field?
`A No.
`Q Okay. So you have been an outside consultant for a
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` number of medical device companies; is that
` correct?
`A That is correct.
`Q Okay.
`A I did provide counsel with an updated CV since this
` IPR report.
`Q Okay. Thank you.
` In your work as a consultant, have you
` advised any medical device companies with regard to
` electrode belts?
` MR. ADELSON: I'd just caution the
` witness that you shouldn't reveal confidential
` information of other third parties.
` So you can answer to the extent that, you
` know, this is just general information.
` THE WITNESS: No, I have not.
`BY MR. NYDEGGER:
`Q And so before becoming a CTO earlier this year, had
` all of your professional experience been in
` academia?
`A You mean other than my consulting experience?
`Q Other than -- well, let's talk about your
` consulting experience.
` For whom were you an employee when you
` were a consultant?
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`Page 14
`A I'm an employee of my own private LLC, Williams
` Consulting, a single-member LLC.
`Q Okay. So other than being a consultant for your
` own private LLC, do you have any professional
` experience outside of academia?
`A Professional experience related to medical devices
` or any professional experience whatsoever?
`Q Professional experience related to medical devices.
` Thank you.
`A No, I have not.
`Q Okay. In your professional experience, have you
` used electrode belts?
`A In my professional experience, I have both taught
` the use of electrode belts. I would have to think
` back through all the years to verify, but yes, I
` believe I've been in clinical settings where they
` have been used.
` I, myself, I would have to think. I've
` probably used an electrode belt on myself at some
` point in -- probably not as part of my professional
` experience. I would have to -- I would have to
` think back. It's been 20 years' worth of
` interactions. But I've certainly generally seen,
` used, taught concepts related to electrode belts.
`Q I noticed that you used the phrase "concepts
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` related to electrode belts." Now, my question is,
` have you -- well, I'll change the question.
`A Okay.
`Q Relate to me your direct experience with electrode
` belts.
`A You want to know about all of the experience I have
` related to electrode belts.
`Q All of your experience directly with electrode
` belts.
`A All right. Well, I've taught classes that teach
` the electrode belt, different permutations of that.
` We have laboratory exercises in those classes that
` use electrode belts. We have clinical trials that
` I am part of that I would have to think back. I
` imagine that they also at some point use an
` electrode belt. I see them in my daily work.
`Q Anything else that you can think of?
`A Again, it's been 20 years in this field. I tried
` to generalize all the places where I had -- I would
` not be -- if you want something more specific, you
` know, please ask.
`Q Sure. And in connection with that experience that
` you've just recited, how frequently do you
` physically hold an electrode belt or physically
` attach an electrode belt to an electrode?
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`A Let me make sure I -- in my professional life --
`Q Yes.
`A -- or during my life in general?
`Q During your professional experience.
`A During my professional life, how often do I hold an
` electrode belt?
`Q Yes, how often do you physically interact with an
` electrode belt?
`A At the very least, I do this at least once a
` semester during the various courses that I interact
` with. I probably also physically hold one, I would
` say, once a month as part of one of our clinical
` trials that might -- that have one.
`Q Okay.
`A That would be at a minimum.
`Q And the electrode belts that you are referring to,
` do those electrode belts go around a body or an
` animal?
`A The term "electrode belt" has a broad meaning,
` which is, if you would like to, we can look at, you
` know, how this -- let me ask, are you referring to
` a claim term, when you ask me about electrode belt,
` or a general view I have on what electrode belts
` are?
`Q I'm just trying to get an understanding of what
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`Page 17
`
` kinds of electrode belts you have actually
` interacted with, as you just described a moment
` ago.
`A All right. So electrode belts, in general, are
` ways in which we manage cabling for a number of
` different electrodes. Those could be ECG
` electrodes, EEG electrodes, could be a RIP belt, as
` commonly seen in today's -- in here.
`Q And so of those different types of belts, again,
` which of those types of belts do you physically
` interact with, as you described a moment ago?
`A All three of those.
`Q Okay.
`A But not limited to those three. Those are three
` that I commonly interact with. There may be other
` variations on that.
`Q And by "commonly interact," you mean about once a
` month?
`A At least once a month.
`Q Okay. Were you aware of any problems with
` electrode belt connectors in 2010?
`A Was I aware of any problems in belt connectors in
` 2010? I was not aware of any specific problems. I
` would -- with the caveat that connectors, electrode
` connectors, are a wide range. There's thousands of
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`888-811-3408
`
`Natus Medical Inc., Natus Neurology Inc.,
`Embla Systems LLC and Embla Systems Ltd.
`IPR2016-01822 Ex. 1062,Page 17
`
`
`
`Page 18
` variations on that, and it's a place where people
` look to make innovations. So --
`Q So in 2010, were you aware of any needs in the
` marketplace for improvements to belt connectors?
`A Let me make sure I'm understanding. In 2010, was I
` aware of any specific needs in an electrode belt
` connector?
`Q Correct.
`A No, I was not aware of any specific needs for a
` specific belt connector, although I was generally
` aware that there is room for improvement in
` electrode connectors.
`Q And by "room for improvement," are you talking
` about the 2010 time frame?
`A Yes.
`Q And when you use the phrase "room for improvement,"
` is there any specific aspect of electrode belt
` connectors that needed improving?
`A No. There's a -- I think there's a wide range of
` areas in which people would want to improve that.
` Some examples of that might be making them smaller,
` making them higher density, making them easier to
` use, low cost, just to name a few.
`Q Okay. Other than your work in connection with this
` IPR proceeding and the district court litigation
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`www.phippsreporting.com
`888-811-3408
`
`Natus Medical Inc., Natus Neurology Inc.,
`Embla Systems LLC and Embla Systems Ltd.
`IPR2016-01822 Ex. 1062,Page 18
`
`
`
`Page 19
` between Nox Medical and Natus Neurology, have you
` been hired to perform any other work by Hansen
` Reynolds?
`A No, I have not.
`Q Did you do anything to prepare for this deposition
` today?
`A I did.
`Q And what did you do?
`A I read through the report that you've set in front
` of me. Counsel and I talked about the logistics of
` the deposition today, and as well as some pointers
` on how I might prepare, including reading through
` my report, as well as all of these -- any of the
` potential listed items of consideration that there
` are in one of the appendices.
`Q Okay. Anything else?
`A No, I think that covers it.
`Q About how long did you spend preparing for the
` deposition today?
` MR. ADELSON: I'm just going to object to
` the extent that this calls for any
` communications -- details of our communications.
` So just caution the witness that you can
` answer the question in generalities, but not to
` reveal any of our specific communications.
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`www.phippsreporting.com
`888-811-3408
`
`Natus Medical Inc., Natus Neurology Inc.,
`Embla Systems LLC and Embla Systems Ltd.
`IPR2016-01822 Ex. 1062,Page 19
`
`
`
`Page 20
` THE WITNESS: I would say about a day and
` a half.
`BY MR. NYDEGGER:
`Q So approximately 12 hours?
`A Sure.
`Q Okay. Do you have any training in the
` interpretation of patent claims?
` MR. ADELSON: Again, I'm going to caution
` the witness to the extent that this touches upon
` attorney-expert communications, just to be mindful
` of those conversations.
` THE WITNESS: Are you asking me if I had
` any formal training in patent interpretation?
`BY MR. NYDEGGER:
`Q Let's start generally, any training at all.
`A Okay. As in my report, I have a number of patents
` where I've worked with counsel to prepare patent
` applications.
` I've also worked on a previous expert
` witness case that I was not deposed, but I worked
` with a law firm there and got experience related to
` these types of proceedings.
`Q Any formal training about claim interpretation?
`A I'm not a legal expert. I've had no formal
` training.
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`www.phippsreporting.com
`888-811-3408
`
`Natus Medical Inc., Natus Neurology Inc.,
`Embla Systems LLC and Embla Systems Ltd.
`IPR2016-01822 Ex. 1062,Page 20
`
`
`
`Page 21
`Q In your expert report, you rely on a number of
` prior art references, correct?
`A Yes. They're listed in my report.
`Q Did you discover any of those prior art references
` on your own?
`A I did not. I would have to look at them one more
` time to verify that, but that is my recollection.
` If you'd like --
`Q Sure. Go ahead.
`A -- I could certainly look at that exhibit.
` MR. ADELSON: I don't think you've been
` provided with the prior art references in there.
` THE WITNESS: If I have not been provided
` that, then I would have to be provided that to
` verify that.
` (Exhibit 2001 marked for identification.)
`BY MR. NYDEGGER:
`Q Dr. Williams, you've been handed Exhibit 2001. Is
` that the Petition for Interparty Review that was
` filed by Natus Neurology in this IPR proceeding?
`A That's what it says.
`Q And if you turn to page little i, little v, there's
` an exhibit list.
`A Little i, little v. Little i, little v? I'm not
` seeing that.
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`www.phippsreporting.com
`888-811-3408
`
`Natus Medical Inc., Natus Neurology Inc.,
`Embla Systems LLC and Embla Systems Ltd.
`IPR2016-01822 Ex. 1062,Page 21
`
`
`
`Page 22
`Q Yes. It's about the fourth or fifth page in.
`A All right.
`Q And going back to the question before we introduced
` this exhibit, did you identify any of the prior art
` references listed in this exhibit list on your own?
`A I will look at that right now and verify.
` No, I did not find any of those on my
` own. These were all given to me by counsel.
`Q Okay. Thank you.
` And is it correct that you were also
` provided with a copy of the '532 patent?
`A That is correct. That's on my list of materials
` considered.
`Q And was that the first document that you received
` or that -- I'm sorry.
` Was that the first document that you
` reviewed in connection with this case?
`A I would have to look back at my record. I believe
` so, but I would have to verify that to make sure.
`Q And how much time have you spent reviewing the '532
` patent?
`A I would have to go back --
` MR. ADELSON: Objection. Form.
` THE WITNESS: I would have to go back and
` look at my records. I would only have a guess.
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`888-811-3408
`
`Natus Medical Inc., Natus Neurology Inc.,
`Embla Systems LLC and Embla Systems Ltd.
`IPR2016-01822 Ex. 1062,Page 22
`
`
`
`Page 23
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`
`BY MR. NYDEGGER:
`Q Was it more than an hour?
`A It was more than an hour.
`Q More than ten hours?
`A Just in this proceedings -- or in this document, or
` since my first engagement?
`Q In preparation of your expert report submitted in
` this case.
`A In preparation. Again, I would have to -- I don't
` keep track of specific items related to specific
` documents.
`Q So you're not sure if it was ten hours or less.
`A I would look. So I would guess I read through it
` maybe ten times.
`Q Okay.
`A I don't know how long each time would take.
`Q Fair enough.
`A Okay.
`Q And so you studied the specification, as well as
` the claims of the '532 patent, correct?
`A I did.
`Q And was there anything in the '532 patent that you
` did not understand?
`A You're asking me if there's any -- anything at all?
`Q If, in reviewing the '532 patent, you came across
`
`www.phippsreporting.com
`888-811-3408
`
`Natus Medical Inc., Natus Neurology Inc.,
`Embla Systems LLC and Embla Systems Ltd.
`IPR2016-01822 Ex. 1062,Page 23
`
`
`
`Page 24
` anything in the patent that you did not understand.
`A During my original, or since then? Since --
` between --
`Q In your preparation of your expert report.
`A No.
`Q So after reviewing the '532 patent, what did you do
` next to prepare your report?
`A Oh, let's see here.
` MR. ADELSON: Again, I'll caution the
` witness not to reveal information relating to
` counsel -- attorney-expert communications.
` THE WITNESS: I did a number of things.
` A couple examples, I read the list of items -- all
` the items that were listed in my report.
`BY MR. NYDEGGER:
`Q So you reviewed the prior art exhibits listed?
`A Prior art exhibits listed in -- that we had just
` referred to on page i.v.
`Q Yes.
` MR. ADELSON: Excuse me. Just to be
` clear, the list of exhibits that you're referring
` to is not in your report, correct? It's in the
` petition. Just so the record is clear.
` MR. NYDEGGER: That's correct.
` THE WITNESS: I met with counsel. We
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`www.phippsreporting.com
`888-811-3408
`
`Natus Medical Inc., Natus Neurology Inc.,
`Embla Systems LLC and Embla Systems Ltd.
`IPR2016-01822 Ex. 1062,Page 24
`
`
`
`Page 25
` discussed a whole host of things, the patent, the
` prior art. There may have been other things that I
` looked at. I worked by myself reading those, in
` forming my opinions.
`BY MR. NYDEGGER:
`Q Did you -- you mentioned earlier that your counsel
` provided you with the prior art that you considered
` in rendering your expert report, correct?
`A Yes, that's correct.
`Q Did you do -- did you obtain information from any
` other source?
`A In general, I have information about these from my
` prior experience. I can't recall whether I went
` back and had to look at anything specific to
` refresh my memory.
`Q Okay. Did you speak to anyone at Natus regarding
` the technology of the '532 patent?
`A No, I have not. The only conversations I've had
` with them were regarding my engagement, the legal,
` financial, other aspects of my engagement letter.
` But I never had any direct conversations with
` anyone at Natus.
`Q Okay. And so what was the process that you went
` through? After reviewing the '532 patent and after
` reviewing the prior art documents provided to you
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`www.phippsreporting.com
`888-811-3408
`
`Natus Medical Inc., Natus Neurology Inc.,
`Embla Systems LLC and Embla Systems Ltd.
`IPR2016-01822 Ex. 1062,Page 25
`
`
`
`Page 26
` by counsel, what did you do next to prepare your
` report?
` MR. ADELSON: Objection to the extent it
` calls for details of our communications between
` attorney and expert.
` THE WITNESS: So you want the process by
` which I went through this?
`BY MR. NYDEGGER:
`Q Yes, please.
`A I worked directly with counsel to talk through some
` of the claims. They drafted based on those
` conversations, based on my opinions, they drafted
` parts of the document. I went over those, made
` edits, made additions, reiterated back and forth in
` that -- in that manner.
`Q And did you perform an analysis comparing the
` claims of the '532 patent to the prior art?
`A Can you explain what you mean by that? Did I
` perform an analysis? Are you referring to
` exhibit -- the claim charts?
`Q No, I'm not specifical
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