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` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`UNIFIED PATENTS INC., )
`)
`Petitioner, ) Inter Partes
`) Review
`) Case No.
`vs. ) IPR 2016-00364
`) US Patent No.
`AMERICAN VEHICULAR SCIENCES,) 9,043,093
`LLC, )
`)
`Patent Owner. )
`----------------------------)
`
` DEPOSITION OF PRIYARANIAN PRASAD, PH.D.
`Washington, DC
`Friday, August, 12, 2016
`
`Reported by: Stacey L. Daywalt
`Job No: 111392
`
`TSG Reporting - Worldwide - 877-702-9580
`
`IPR2016-01872
`AVS
`Exhibit 2004
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` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`UNIFIED PATENTS INC., )
`)
`Petitioner, ) Inter Partes
`) Review
`) Case No.
`vs. ) IPR 2016-00364
`) US Patent No.
`AMERICAN VEHICULAR SCIENCES,) 9,043,093
`LLC, )
`)
`Patent Owner. )
`----------------------------)
`
` DEPOSITION OF PRIYARANIAN PRASAD, PH.D.
`Washington, DC
`Friday, August, 12, 2016
`
`Reported by: Stacey L. Daywalt
`Job No: 111392
`
`TSG Reporting - Worldwide - 877-702-9580
`
`IPR2016-01872
`AVS
`Exhibit 2004
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`August 12, 2016
`9:41 a.m.
`
`Deposition of PRIYARANIAN PRASAD,
`PH.D., held at the offices of WilmerHale, 1875
`Pennsylvania Avenue, NW, Washington, DC, before
`Stacey L. Daywalt, a Notary Public of the
`District of Columbia.
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`A P P E A R A N C E S:
`
` WilmerHale
` Attorneys for Petitioner
`1875 Pennsylvania Avenue Northwest
`Washington, DC 20006
` BY: DANIEL WILLIAMS, ESQ.
`
` THE GONSALVES LAW FIRM
` Attorneys for Patent Owner
`2216 Beacon Lane
`Falls Church, VA 22043
` BY: GREGORY GONSALVES, ESQ.
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`P. PRASAD, PH.D.
`P R I Y A R A N I A N P R A S A D, P H. D,
`called as a witness, having been
`duly sworn by a Notary Public, was examined and
`testified as follows:
`EXAMINATION BY
`MR. GONSALVES:
`Q.
`And could you please state your name
`for the record?
`A.
`Full name is Priyaranian Prasad.
`Q.
`Dr. Prasad, you understand that you
`are under oath in this deposition just as you
`would be at a trial. Is that correct?
`A.
`Yes.
`Q.
`And is there anything that would
`inhibit you from telling the truth or giving
`accurate testimony in this deposition?
`A.
`No.
`Q.
`Have you ever been deposed before?
`A.
`Yes.
`Q.
`About how many times?
`A.
`Over the years starting from
`probably 1993 to now, I've been deposed many
`times. I just don't have a count of it.
`Q.
`Could you give me an approximation?
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` P. PRASAD, PH.D.
`Is it more than 50?
` A. I believe it is more than that.
` Q. Would it be even more than a
`hundred?
` A. It's possible.
` As I said, you're talking about a
`long time period.
` Q. Okay. What types of cases have you
`been deposed on?
` A. I worked at Ford for 35 years till
`2008. That's when I retired.
` And even since retirement, most of
`the cases were part of litigation for safety.
` Q. So when you mean "litigation for
`safety," does that mean personal injury cases?
`Is that what you meant? From people getting
`into accidents in automobiles?
` A. That's right.
` Q. Were all of them for, as you say,
`personal safety or personal injury cases?
` A. For Ford Motor Company, yes.
` Q. And have you been deposed before in
`any patent cases?
` A. Yes.
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` P. PRASAD, PH.D.
` Q. And approximately how many patent
`cases?
` A. Deposition, once.
` Q. One besides the one today?
` A. Yeah. This is the second deposition
`for the patent.
` Q. Okay. And when you were deposed one
`other time in a patent case, was that for a
`case involving a patent owned by American
`Vehicular Sciences?
` A. I don't believe -- I don't recall
`whether it was AVS or not. It was a case
`against Nissan. Who sued, I don't remember
`that offhand, you know. I couldn't tell you.
` Q. Okay. How long ago was that case?
` A. Last year, 2015.
` And it started off, I believe,
`in -- the deposition took place early 2016,
`January time frame.
` Q. And given that you've been deposed
`many times before, you're probably already
`familiar with the deposition rules, but I will
`go over them again for you. Is that okay?
` A. That's fine.
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` P. PRASAD, PH.D.
` Q. So if you need to take a break,
`please let me know.
` But I will ask you not to take a
`break while a question is pending. Is that
`okay?
` A. Oh, that's fine. Yes.
` Q. And if you cannot understand the
`question, please tell me and I will try to make
`the question clearer. Is that okay?
` A. That's right.
` Q. In the other patent case that you
`deposed in, do you remember whether it was for
`an inter partes review like this type of
`proceeding?
` A. No.
` Q. It wasn't?
` A. No.
` Q. Okay. One of the rules for inter
`partes review depositions that is very
`different from depositions in a court is that
`you cannot speak with your attorney about
`anything related to your testimony during the
`breaks.
` Do you understand that?
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` P. PRASAD, PH.D.
` A. Yes, I understand.
` Q. Okay. And during this deposition I
`will refer to the patent that's at issue in
`this proceeding, which is Patent
`Number 9,043,093, I will refer to that as the
`'093 patent. Is that okay?
` A. Oh, yeah.
` Q. This way I won't have to recite
`seven numbers. I'll just recite the last
`three.
` Because I suspect you'll be
`referring to certain documents during this
`deposition, I'll just make things more
`efficient by handing them to you now.
` A. Okay.
` Q. (Handing document.)
` So do you recognize the exhibit that
`I just handed to you?
` A. (Reviewing document.) Yes.
` Q. And what is it?
` A. It's the declaration of Priyaranian
`Prasad.
` Q. And I'll hand you another document.
`(Handing document.)
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` P. PRASAD, PH.D.
` Do you recognize the document I just
`handed to you?
` A. Yes.
` Q. And what is it?
` A. That's the '093 B2 patent.
` Q. Do you know the inventor of the '093
`patent, Dr. Breed?
` A. Yes.
` Q. Okay. And how do you know him?
` A. I don't have any personal contact
`with him for several years, many years now I
`would say. But there was a Dr. Breed, you
`know -- he was in safety. I was in safety at
`Ford. He was with Breed Technologies for a
`long time.
` The interests were common, so there
`are a lot of conferences that he would go to
`where I would also be present. I would listen
`to his presentations, and he would listen to
`mine and others, you know. So there were a lot
`of conferences where I met him. So I've known
`him for a long time.
` Q. What are the names of some of the
`conferences that people like you and Dr. Breed
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` P. PRASAD, PH.D.
`attend for automobile safety?
` A. Well, Stapp Car Crash Conference,
`which is an annual conference. A lot of SAE
`conferences, SAE, Society of Automotive
`Engineers. Annual Congress. Special meetings.
`ESV, which is Enhanced Safety of Vehicles
`conference. Many conferences.
` Q. Have you ever heard of an award
`called the H.H. Bliss award?
` A. Yes.
` Q. And what does the two letters "H.H."
`stand for?
` A. Offhand, I don't know.
` Q. Okay. And what is the HH Bliss
`award, according to your understanding?
` A. My understanding is about inventions
`and things like that, inventors. It's probably
`an inventor's award.
` Q. Were you aware that Dr. Breed had
`received the H.H. Bliss award of appreciation
`through the inventors and technical pioneers of
`the airbag?
` A. I'm aware that he got it, yes.
` Q. And do you know why he received that
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`award?
` A. I didn't read the citation, so I
`can't tell you. I know that he got it, and
`beyond that I can't tell you unless I have the
`citation somewhere.
` It's been a long time.
` Q. Well, did you also know that Dr.
`Breed is the named inventor on over 300 US
`Patents?
` A. I don't keep track of how many
`patents he had.
` Q. Have you ever heard of the following
`entity: The Patent Board's automotive and
`transportation scorecard?
` Well, I guess it's not an entity, so
`let me strike the question and start over.
` Have you ever heard of the Patent
`Board's automotive and transportation
`scorecard?
` A. No.
` Q. Okay. How long have you been
`working in the field of vehicular airbag
`systems?
` A. I joined Ford in 1973, I believe.
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` P. PRASAD, PH.D.
`That's about the time that I was personally
`involved with airbag technology, developing it
`for Ford.
` Before that I was at Wayne State
`University. And in the early 70s there were
`airbags being tested by the lab. It's a
`biomechanics lab at Wayne.
` So I would say from 1970 on I've
`known airbags.
` Q. From 1970 right on to the present
`time. Is that correct?
` A. That's right.
` Q. Okay. So did vehicular airbag
`systems have floors in December 1995 before the
`invention of the '093 patent?
` A. I don't understand your question
`about floors. I mean...
` Q. Well, shortcomings.
` A. Regarding what?
` Q. Well, I think we both can
`agree -- well, strike the question.
` Vehicular airbag systems didn't
`perform perfectly in December of 1995. Is that
`correct?
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` P. PRASAD, PH.D.
` A. In the safety arena, nothing
`performs perfectly. There is effectiveness for
`any safety device, and none of them is a
`hundred percent.
` Q. And were there problems in December
`of 1995 with the vehicular airbag systems at
`that time where they didn't operate properly?
` A. No, they all operated, I believe,
`properly because it had to meet the FMVSS 208,
`which is a regulation.
` Q. Were there instances when the
`vehicular airbag systems that were in operation
`in December of 1995 did not fulfill its purpose
`of preventing injury to an occupant of a
`vehicle?
` MR. WILLIAMS: Objection, form.
` THE WITNESS: As I said earlier, no
`safety system is hundred percent effective. So
`even seat belts are not hundred percent
`effective.
` So I can't say that they didn't
`perform as they were designed.
` Q. Can you think of any reasons why
`they were sometimes -- why vehicular airbag
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`systems were sometimes not effective in
`December of 1995?
` A. Well, December 1995 is many years.
`It's been many years.
` So when you pin me down to
`December 1995, I really cannot answer your
`question.
` Airbags had to meet regulations. In
`the 1995 time frame, most of them were frontal
`airbags. They had to meet regulations.
` If you ask me how effective airbags
`were, they were about 30 percent effective for
`unbelted occupants. Airbag plus seat belt were
`50 percent effective.
` These are numbers that have been
`around for many years in public.
` Q. Let me see if I understood you
`correctly.
` You mentioned that in around the
`December 1995 time frame that vehicular airbag
`systems would be effective without seat belts
`30 percent of the time?
` A. That's right.
` Q. And then you mentioned another
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` P. PRASAD, PH.D.
`percentage when vehicular airbag systems were
`used with seat belts?
` MR. WILLIAMS: Objection, form.
` THE WITNESS: With the three-point
`seat belt and frontal airbags, they were 50
`percent effective.
` Q. And how would you define the phrase
`that you used, "30 percent effective," meaning
`what do you mean by "effective"?
` MR. WILLIAMS: Objection, form.
` THE WITNESS: It's --
`"effectiveness" is about how many fatalities,
`what percentage of fatalities it would reduce.
` So I said 30 percent for unbelted
`occupants. It's 30. So the fatality rate will
`be 30 percent lower.
` Q. Were there other methods of
`determining effectiveness in the December 1995
`time frame other than the reduction of
`fatalities?
` A. Yes. It's not just fatalities. You
`got injuries also. So there were effectiveness
`studies in that time frame.
` And by the way, I'm talking about
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` P. PRASAD, PH.D.
`frontal airbags. I want to make that clear.
` For how many serious injuries it
`would reduce, I don't have the number.
` Q. Okay. Would it be more or less than
`the percentage of effectiveness measured by
`determining the reduction in fatalities?
` MR. WILLIAMS: Objection, form.
` THE WITNESS: Depends on the level
`of injuries.
` In my field we use AIS scale, which
`is the abbreviated injury scale.
` So with airbags, when you look at
`AIS injuries, which is minor injuries, they
`might have increased in that time frame before
`1995 with airbags because the airbags caused
`abrasions.
` But when you got into serious
`injury, which is like AIS3-plus, there was a
`reduction.
` Q. And do you recall what that
`reduction percentage was --
` A. Offhand --
` Q. -- in reducing serious injuries?
` A. Offhand I cannot tell you.
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` Q. Were airbag systems in December of
`1995 concerned only with front seat passengers
`in the vehicle?
` MR. WILLIAMS: Objection to form.
` THE WITNESS: The frontal airbags --
`there were more frontal airbags at that time.
` I don't have exact date when the
`first side airbag came out. I believe Volvo
`had developed a side airbag that protected just
`the chest. It's 1990- -- could have been 1995,
`'96, '97. I don't have the exact dates for
`when they were introduced.
` Q. And you mentioned the person's name
`as introducing side airbag protection.
` A. Volvo.
` Q. How do you spell that just --
` A. Volvo is a car company.
` Q. Oh, Volvo, the car company?
` A. Yes.
` Q. Okay. So according to your
`understanding, Volvo, which I believe is a
`Swedish car company. Is that correct?
` A. That's right, yes.
` Q. My wife is Swedish, so she reminds
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` P. PRASAD, PH.D.
`me of these things.
` According to your understanding,
`that Volvo was the first car company that
`introduced a side airbag?
` A. Yes.
` Q. Were airbag systems in the
`December 1995 time period focused on head-on
`collisions?
` A. What was in production was for
`frontal crashes.
` By 1995, side airbags were being
`worked on and developed.
` As I said earlier, Volvo introduced
`a bag that just protected the chest. And BMW
`had what's called a Weisswurst, they called it,
`the German name for white wurst. It's like a
`hot dog type of thing, sausage, for head
`protection.
` Q. Were any of the side airbag systems
`that you've mentioned deployed in December of
`1995?
` A. When you pin me down to a date, I
`cannot tell you.
` When you say "deployed," what do you
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` P. PRASAD, PH.D.
`even mean by "deployed," whether it was in a
`crash or was it introduced in the market?
` Q. I know. So let me clarify my
`question to make it clearer, because I
`understand there's a difference between airbags
`deploying and deploying meaning when they were
`stuck into a vehicle.
` A. Yes. Yes.
` Q. So were any side airbag systems
`installed in vehicles sold by December of 1995?
` A. As I said earlier, the exact dates I
`don't know, but because there is a -- if I had
`my computer, I could tell you because side
`airbag introduction is in an IIHS, Insurance
`Institute's, website.
` I believe in 1995, in terms of
`introduction, it was in the market, but I
`cannot be sure unless I go back to that website
`to see.
` Q. And the website that you mentioned
`was IIHS?
` A. That's right.
` So I don't have the exact dates.
` Q. Now, the United States government
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` P. PRASAD, PH.D.
`has some type of -- strike the question. Let
`me start over.
` The US government regulates the
`airbags that are installed in vehicles that are
`sold in the United States. Is that correct?
` A. For frontal crashes, it is regulated
`that you must have -- the front outward seating
`positions must have an inflatable device like
`an airbag, which has to protect unbelted people
`up to 25 miles per hour by their equivalent
`crash and people at 35 miles per hour. That's
`the frontal.
` For side it's called performance
`standard. The crash tests that you have to
`conduct as per the regulation -- it's called
`FMVSS 214. And to meet that, you know -- so
`you have to meet performance standard for
`criteria for a dummy which is inside the car.
`There's a front seat dummy, a rear seat dummy.
` And if you meet it without an
`airbag, that's fine too. But it's not -- it's
`not in the regulation that you must have an
`airbag. It's a performance criteria. And the
`way that the performance criteria is, and
`
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` P. PRASAD, PH.D.
`because of the test procedures, you do need
`side airbags --
` Q. Okay.
` A. -- for head protection.
` Q. So -- and correct me if I'm wrong.
` But is it correct to say that
`there's two types of performance standards, one
`for protection from frontal collisions and one
`for protection from side collisions. Is that
`correct?
` A. That's right. There are performance
`standards for both.
` However, for front, the Congress
`ruled that you must have airbags. So you must
`have an airbag for frontal, or two airbags, one
`for the driver, one for the passenger.
` And there are certain tests that
`have to be conducted, crash tests. And in
`those tests you have to meet the performance
`criteria with the dummies, or crash test
`dummies.
` Q. Now, let's go back to the time frame
`of December 1995.
` A. Yes.
`
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` P. PRASAD, PH.D.
` Q. At that time and before, did they
`also have the two performance standards that
`you mentioned, one for the front and one for
`the side impacts?
` A. The front was already there.
` In 1995, I don't believe all the
`performance criteria that we have today was
`there, because there are certain tests like a
`pole test, where the car slides into a pole.
`That's more recent. I don't want you to give
`you exact dates.
` In the 2003/2004 time frame, the
`full impact came in.
` Before that there was a test that
`had to be conducted with a moving barrier
`hitting the side of the car, and the dummy had
`to meet certain injury criteria. So that's the
`performance standard, front seat dummy and rear
`seat dummy.
` And I'm assuming that you're just
`talking about regulations in the United States.
` Q. Correct, for now.
` A. Yeah.
` Q. So let me just see if I understand
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` P. PRASAD, PH.D.
`you correctly.
` Do you know whether or not
`performance standards existed for side impact
`in December of 1995 and before?
` A. There were -- by 1995, there was the
`FMVSS 214 already in place. So there was a
`performance standard, but that was only for a
`barrier, moveable barrier, hitting the side of
`the car.
` The full test was not there.
` Q. And that standard did not require
`side airbags. Is that correct?
` A. That's right.
` Q. And in December of 1995 and before,
`front airbags were required for cars sold in
`the United States?
` A. Yeah. I'm sorry. It's yes. They
`were required.
` But the phase-in was taking place
`for the whole fleet. So the whole fleet,
`entire fleet, that was being sold in 1995
`didn't have to have. I believe that the first
`phase-in was going to go up to 1996. That
`would have been the last year, I believe, of
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` P. PRASAD, PH.D.
`the phase-in.
` By 1996, all cars, like all light
`vehicles, had to have frontal airbags. Exact
`dates, maybe one or two years, you know, off,
`but that's what I recall at this time.
` Q. Were airbag systems in December of
`1995 principally focused on how quickly the
`airbags were deployed after sensing an impact?
` A. To meet the performance criteria,
`you had to sense the crash and then send out
`the signal that the airbag is required and then
`the ignitor, or if you had stored gas or
`something, would -- you have to start to put
`gas into the airbag to expand it.
` Q. And were airbag systems in December
`of 1995 principally focused on how quickly that
`process took place of deploying the airbag
`after impact?
` A. No.
` Q. In December of -- so I mean, I
`suspect when you say no, they were also
`concerned with other engineering criteria. Is
`that --
` A. Yes.
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` P. PRASAD, PH.D.
` Q. Am I correct in interpretation of
`your answer?
` A. Yes.
` Q. What are some of the other
`engineering criteria that --
` A. Well --
` Q. -- were -- engineers like yourself
`were concerned about with airbag systems in
`December 1995 and before?
` A. Yes. It wasn't just how quickly it
`had to be deployed. We also had to design the
`car.
` It's a system design, where you have
`a car which is crushing and the airbag that has
`to get the signal to deploy and then meet
`certain injury criteria on the dummy.
` So there are multiple requirements,
`I mean, from an engineer perspective just to
`meet the FMVSS 208.
` Q. You're aware that sometimes
`passengers get injured from airbags that
`deploy. Is that correct?
` A. Yes.
` Q. Okay. And are you aware of any
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` P. PRASAD, PH.D.
`airbag systems in December 1995 or before that
`were concerned with preventing harm to
`passengers by deployment of the airbag?
` A. Yeah, of course.
` Q. Okay. And was that a requirement?
` You mentioned that -- well, strike
`the question.
` Was that a requirement of
`performance criteria for airbag systems in
`December 1995 and before?
` A. I don't understand your -- was
`that -- which part are we talking about?
` Q. Okay. You mentioned that one
`performance criteria or regulation was FMVSS
`214?
` A. 214 is side impact, not front.
` Q. Okay. And there's also a regulation
`for front impact?
` A. Yes. That's the 208.
` Q. Okay. Were there any other
`regulations besides those that fit into these
`two named categories that you just gave me?
` A. Not in 1995.
` Q. Okay. So for the two categories
`
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` P. PRASAD, PH.D.
`that you mentioned, did either of them have a
`requirement for preventing harm to passengers
`from deployment of the airbag?
` A. There was nothing at that time.
` I want to clarify when I said --
`when you asked me "requirement," you are asking
`about the regulation?
` Q. That's correct. That was my
`question, about the two categories of
`regulations --
` A. Yes.
` Q. -- for the front and the side.
` A. And my answer remains the same.
` Q. Okay. What type of injuries to
`passengers in December 1995 and before occurred
`from deploying airbags?
` A. It could start off with abrasions.
`There may have been -- in that time frame,
`there were children who were seriously injured,
`and some killed, on the passenger's side
`because they were what we used to call out of
`position. They were not sitting inverted in
`the passenger's seat. They were standing in
`front of the airbag or during hard braking they
`
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` P. PRASAD, PH.D.
`would be thrown near the airbag, and when the
`airbag expanded, there were serious injuries.
` There were some cases of drivers
`also getting injured from the airbag. So they
`were all out of position, but that's what had
`happened before 1995.
` Q. And when you use the phrase "serious
`injuries," does that include people actually
`being killed by deploying airbags?
` A. I believe I said that earlier.
` Q. Okay. And what other types of
`serious injuries besides death, which is, I
`guess, the ultimate serious injury, could have
`occurred from deploying airbags in December of
`1995 and before?
` A. There were severe chest injuries.
` I don't know if you want me to go
`through everything. There were head injuries.
`There were neck injuries, arm fractures.
` Q. Could you please turn your attention
`to the '093 patent that I gave you just a
`little while ago?
` A. Yes.
` Q. And could you please direct your
`
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` P. PRASAD, PH.D.
`attention to Figure 85?
` A. (Complying.) Yes.
` Q. According to your understanding of
`the '093 patent, does the '093 patent disclose
`an airbag that spans the left side of the
`vehicle and is deployed downward so that it
`fits between the front seat and the vehicle's
`side upon inflation?
` MR. WILLIAMS: Objection, form.
` THE WITNESS: Yes.
` Q. Does the '093 patent, according to
`your understanding, also disclose an airbag
`that spans the right side of the vehicle?
` A. It's not in the picture, 85.
` I would assume that the same
`treatment can be done on passenger's side also.
` Q. Does the airbag disclosed in the
`'093 patent help to prevent an occupant from
`being ejected from the vehicle even if the side
`window glass has been broken?
` MR. WILLIAMS: Objection, form.
` THE WITNESS: Not necessarily.
` Q. Could you take a look at -- I
`realize it's a long patent. I've been at this
`
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` P. PRASAD, PH.D.
`for years, and I think this is one of the
`longer patents that I've seen.
` But can you take a look at Column 93
`around Line 50?
` A. (Complying.) Column 93?
` Which line did you say?
` Q. Around Line 50.
` A. Yes.
` Q. And if you go down just two lines
`from where I pointed you to, do you see the
`sentence that says as follows: "This provides
`substantial support for the airbag and helps
`prevent the occupant from being ejected from
`the vehicle even when the side window glass has
`broken"?
` A. Yes.
` Q. Do you have any reason to believe
`that that statement in the '093 patent is not
`accurate?
` A. As I said, my earlier answer was,
`not necessarily, because it depends on the
`speed.
` Many other factor s come in.
`Depends on the speed. Depends on the belt,
`
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` P. PRASAD, PH.D.
`whether the person was belted or not belted.
`So there are other factors that happen.
` That's the reason why there is an
`ejection standard also which is being phased in
`today.
` So just by having a side air curtain
`doesn't mean that the occupant will not get
`ejected. It just says that the chances of
`getting ejected from the car would be lower.
`By how much depends on how severe the crash is
`and whether the person is belted or not belted.
` Q. You mentioned in your answer an
`ejection standard. Is that correct?
` Did I hear you correctly?
` A. That's right.
` Q. Okay. And what do you mean by the
`"ejection standard"?
` A. The side curtains have to meet
`certain performance standards.
` A certain mass, like a pendulum,
`will hit the airbag, fully inflated airbag, and
`then there is how far can you travel, that mass
`can travel. That's in a regulation that's
`currently being phased in.
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` P. PRASAD, PH.D.
` So it's called ejection mitigation.
`It's got another FMVSS attached to it, a
`number. I don't have it, but it's probably 226
`or something like that.
` Q. And this ejection standard wasn't in
`place in December of 1995 and before. Is that
`correct?
` A. That's right.
` Q. And is it even in place today? Or
`you mentioned it may be being phased in.
` A. "Phased in" means the law is in
`place and the whole fleet has a certain time
`frame by which you have to have that.
` Q. Okay. Do you know when this
`ejection standard was first included in the
`law?
` A. I don't have the exact date. So I
`can't.
` Q. Is there an approximate date, like
`within the past five years?
` A. Yes.
` Q. Okay. Could you -- it's easier to
`talk about airbag systems or any engineering
`equipment by looking at pictures.
`
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` P. PRASAD, PH.D.
` So could you return your attention
`back to Figure 85 that we were looking at?
` A. (Complying.) Yes.
` Q. Do you see Item Number 722 on Figure
`85?
` A. Yes.
` Q. And according to your understanding,
`is 722 the housing that holds the airbag before
`it's deployed?
` A. Yes.
` Q. Okay. Is the housing identified by
`Number 722 on the airbag system of the '093
`patent positioned entirely above the window of
`the side doors?
` A. Yes.
` Q. And are you familiar with the term
`"A pillar"?
` A. Yes.
` Q. And what is an A pillar?
` A. The A pillar is the first pillar
`that you can see when you're driver. It's up
`front.
` Shaped like -- in the old days, it
`was shaped like an A, so the name has remained
`
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` P. PRASAD, PH.D.
`the same.
` It's the first pillar in the car.
`First pillar, if you're looking at it from the
`side. Then after the engine compartment,
`there's a pi
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