`Sony Corporation, et al. v.
`Creative Technology Limited
`
`Benjamin B. Bederson, Ph.D.
`February 16, 2017
`
`195 State Street • Boston, MA 02109
`888.825.3376 - 617.399.0130
`Global Solutions
`court-reporting.com
`
`Original File Benjamin Bederson 2-16-17.txt
`Min-U-Script® with Word Index
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`1
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` 1 UNITED STATES PATENT AND TRADEMARK OFFICE
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` 2 BEFORE THE PATENT TRIAL AND APPEAL BOARD
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` 3 U.S. Patent No. 6,928,433
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` 4 Case No. IPR2016-01407
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` 5 - - - - - - - - - - - - - - - - - - - - - - -
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` 6 SONY CORPORATION, SONY MOBILE COMMUNICATIONS
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` 7 (USA) INC., SONY MOBILE COMMUNICATIONS AB &
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` 8 SONY MOBILE COMMUNICATIONS, INC.,
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` 9 Petitioners,
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`10 v.
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`11 CREATIVE TECHNOLOGY LIMITED,
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`12 Patent Owner.
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`13 - - - - - - - - - - - - - - - - - - - - - - -
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`14 DEPOSITION OF BENJAMIN B. BEDERSON, Ph.D.,
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`15 a witness called by and on behalf of the Patent
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`16 Owner, taken pursuant to Title 37 Code of
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`17 Federal Regulations, Section 42.53, before Daria
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`18 L. Romano, RPR, CRR and Notary Public in and for
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`19 the Commonwealth of Massachusetts, at Wolf,
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`20 Greenfield & Sacks, P.C., 600 Atlantic Avenue,
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`21 Boston, Massachusetts, on Thursday, February 16,
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`22 2017, commencing at 9:12 a.m. to 4:30 p.m.
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`23
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`24
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`O'Brien & Levine Court Reporting Solutions
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`2
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` 1 A P P E A R A N C E S:
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` 2
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` 3 WOLF, GREENFIELD & SACKS, P.C.
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` 4 (by Andrew J. Tibbetts, Esq. and
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` 5 Robert Abrahamsen, Esq.)
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` 6 600 Atlantic Avenue
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` 7 Boston, Massachusetts 02210
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` 8 (617) 646-8000
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` 9 atibbetts@wolfgreenfield.com
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`10 rabrahamsen@wolfgreenfield.com
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`11 for the Petitioners.
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`12
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`13 FARNEY DANIELS PC
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`14 (by Michael D. Saunders, Esq.)
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`15 411 Borel Avenue, Suite 310
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`16 San Mateo, California 94402
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`17 (424) 268-5210
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`18 msaunders@farneydaniels.com
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`19 for the Patent Owner.
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`20
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`O'Brien & Levine Court Reporting Solutions
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`3
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` 1 I N D E X
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` 2 Deposition of: Page
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` 3 DR. BENJAMIN BEDERSON
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` 4 By Mr. Saunders 4
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` 5
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` 6
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` 7
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` 8
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` 9 E X H I B I T S
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`10 No. Page
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`11
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`12
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`13 NONE OFFERED
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`16
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`O'Brien & Levine Court Reporting Solutions
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`Benjamin B. Bederson, Ph.D. - February 16, 2017
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`4
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` 1 P R O C E E D I N G S
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` 2
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` 3 BENJAMIN BEDERSON, Ph.D.,
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` 4
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` 5 a witness having been satisfactorily identified
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` 6 by the production of a driver's license, was
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` 7 first duly sworn, was examined and testified as
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` 8 follows:
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` 9
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`10 DIRECT EXAMINATION
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`11 BY MR. SAUNDERS:
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`12 Q. Good morning, Dr. Bederson.
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`13 Can you state your full name for the
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`14 record?
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`15 A. Benjamin B. Bederson.
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`16 Q. And where are you currently employed?
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`17 A. At the University of Maryland.
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`18 Q. And what's your title there?
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`19 A. Professor and associate provost.
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`20 Q. Is there any reason today that could
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`21 prevent you from giving accurate and complete
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`22 testimony?
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`23 A. No.
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`24 Q. And if you need a break or anything or
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`Benjamin B. Bederson, Ph.D. - February 16, 2017
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`5
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`
` 1 need to get some water, just let me know. I may
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` 2 ask you to answer the question that's already
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` 3 pending or a couple more questions, but I want
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` 4 to be accommodating for you.
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` 5 Do you understand that?
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` 6 A. Yes.
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` 7 Q. I'm handing you a document that's
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` 8 previously been marked as Sony Exhibit 1015.
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` 9 Is that your curriculum vitae?
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`10 A. Yes, it is.
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`11 Q. And it says on the top, "I have read
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`12 the following and certify that it is a current
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`13 and accurate statement of my professional record
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`14 as of July 2, 2016."
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`15 Do you see that?
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`16 A. Yes, I do.
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`17 Q. And that's your signature?
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`18 A. Yes, it is.
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`19 Q. And time has obviously passed since
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`20 then. Is this still an accurate reflection of
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`21 your professional record as of today?
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`22 A. Except for some additional
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`23 publications that have appeared since July 2,
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`24 2016, the answer is yes.
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`Benjamin B. Bederson, Ph.D. - February 16, 2017
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`6
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` 1 Q. Is there anything that is left out
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` 2 that you think is relevant to the issues that
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` 3 you've opined about in this case?
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` 4 A. I can't think of anything, no.
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` 5 Q. And I'm handing you a document that's
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` 6 been previously marked as Sony Exhibit 1006.
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` 7 And is this the declaration that you
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` 8 submitted in this case in support of
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` 9 petitioners' petition?
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`10 A. Yes, it is.
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`11 Q. And when I refer to this case from now
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`12 on, you understand that's referring to inter
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`13 partes review, case number 2016-01407?
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`14 A. I'm not familiar with the case number,
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`15 but I do understand that this is related to an
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`16 inter partes review of the patent referred to as
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`17 the '433 patent.
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`18 Q. Okay. Just for the record, that's the
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`19 case I'm referring to for the rest of this
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`20 deposition.
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`21 And you see on the front page of this
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`22 declaration, it lists Sony Corporation, Sony
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`23 Mobile Communications (USA) Inc., Sony Mobile
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`24 Communications AB & Sony Mobile Communications,
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`Benjamin B. Bederson, Ph.D. - February 16, 2017
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`7
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` 1 Inc. Do you see that?
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` 2 A. Yes, I do.
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` 3 Q. And I may refer to those companies
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` 4 from now on as petitioners or as Sony or the
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` 5 Sony petitioners.
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` 6 Do you understand that I'll be
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` 7 referring to those companies if I use those
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` 8 phrases?
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` 9 A. Yes.
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`10 Q. Okay. And you understand that you
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`11 were retained by the Sony petitioners in this
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`12 case to offer certain opinions regarding the
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`13 validity of US patent number 6,928,433?
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`14 A. Yes.
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`15 Q. And if I refer to the '433 patent, you
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`16 understand that I'm referring to that patent?
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`17 A. Yes.
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`18 Q. And Exhibit 1006 is the declaration
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`19 that sets forth the opinions you've offered in
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`20 support of the petition filed by Sony; is that
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`21 correct?
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`22 A. That is correct.
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`23 Q. And you understand that you're here to
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`24 testify today about those opinions that you
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`Benjamin B. Bederson, Ph.D. - February 16, 2017
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`8
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` 1 offered in Exhibit 1006?
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` 2 A. Yes.
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` 3 Q. Okay. And you understand if I refer
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` 4 to your declaration, that I'm talking about this
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` 5 Exhibit 1006?
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` 6 A. Okay.
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` 7 Q. Okay. And are you aware that after
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` 8 you submitted this declaration, the board -- the
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` 9 patent board instituted trial in this proceeding
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`10 on some, but not all, of the grounds that you've
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`11 rendered opinions on?
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`12 A. Yes, I'm aware of that.
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`13 Q. Okay. I'll just read them off and see
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`14 that you understand it. But do you understand
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`15 the board instituted the following grounds:
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`16 Obviousness of claims 2, 3, 5 and 7 over Birrell
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`17 and Seidensticker.
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`18 Obviousness of claims 19, 21 and 25
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`19 over Birrell, Seidensticker and Proehl.
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`20 Obviousness of claims 23 and 27 over
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`21 Birrell, Seidensticker, Proehl and Johnson.
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`22 Obviousness of claims 17 and 18 over
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`23 Birrell, Seidensticker and Looney.
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`24 Obviousness of claims 20, 22, 26 over
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`Benjamin B. Bederson, Ph.D. - February 16, 2017
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`9
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` 1 Birrell, Seidensticker, Proehl and Looney.
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` 2 And obviousness of claims 24 and 28
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` 3 over Birrell, Seidensticker, Proehl, Johnson and
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` 4 Looney.
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` 5 Do you understand that those are the
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` 6 grounds that are at issue in this trial?
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` 7 A. I don't have that document in front of
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` 8 me, but that sounds correct.
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` 9 Q. Have you been deposed before,
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`10 Dr. Bederson?
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`11 A. Yes, I have.
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`12 Q. How many times?
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`13 A. Approximately a dozen times.
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`14 Q. Were you deposed in the capacity as an
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`15 expert witness in each of those cases?
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`16 A. Several of those were as an expert
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`17 witness. A few of them were as fact witnesses.
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`18 Q. Can you just describe generally, in a
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`19 high level, and without revealing any
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`20 confidential information, what you were
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`21 testifying about as a fact witness?
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`22 A. It was describing some of my research
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`23 that some other parties were using in some
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`24 litigation involving some validity of patents.
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`Benjamin B. Bederson, Ph.D. - February 16, 2017
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`10
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` 1 Q. That was your only time testifying as
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` 2 a fact witness?
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` 3 A. I can think of two -- I can think of
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` 4 two matters. One of the matters, it involved
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` 5 multiple venues, so I think I was a fact witness
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` 6 in the same material several times.
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` 7 Q. Okay. Do you remember the name of the
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` 8 parties or venues for those?
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` 9 A. Yes. So I believe HTC at an ITC
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`10 proceeding was using that to defend themselves
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`11 in a lawsuit from Apple. And then Samsung used
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`12 that same material in a different lawsuit from
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`13 Apple. And that one was in the Northern
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`14 District of California and Australia and
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`15 Germany, at least.
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`16 Q. Those are all the cases that you
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`17 remember testifying as a fact witness in?
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`18 A. So that was one subject matter.
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`19 There was another subject matter where
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`20 I believe the parties were Hillcrest Labs and
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`21 Nintendo. And they were -- it related to a
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`22 zoomable user interface, and so they were
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`23 interested in my research in that area.
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`24 Q. Is that also a patent case?
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`Benjamin B. Bederson, Ph.D. - February 16, 2017
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`11
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` 1 A. I believe so.
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` 2 Q. And that's all the cases you've
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` 3 testified as a fact witness?
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` 4 A. That's what I can remember right now.
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` 5 Q. And you mentioned you'd also provided
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` 6 deposition testimony as an expert witness in
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` 7 several cases.
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` 8 Can you generally, and at a high
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` 9 level, and without disclosing any confidential
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`10 information, just tell me what those cases
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`11 related to?
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`12 A. I can think of two that were related
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`13 to copyright relating to -- one was a -- one was
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`14 a user interface design, one was a design of a
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`15 physical mobile phone handset. So there were
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`16 copyright cases.
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`17 There was one case where it was
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`18 relating to a patent, but it had to do with, I
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`19 think there were two parties where one was
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`20 promised indemnification relating to an
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`21 agreement they had. The party did not agree to
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`22 indemnify them, so there was a question about
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`23 whether the material was -- the contract was
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`24 actually covered by that indemnification. And
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`Benjamin B. Bederson, Ph.D. - February 16, 2017
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`12
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` 1 so I think in the end, it came down to whether
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` 2 some product was read on a patent, so it was
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` 3 relating to a patent.
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` 4 And then all the other ones I can
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` 5 think of were me working as an expert witness in
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` 6 a patent litigation matter, either for the
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` 7 defense or the plaintiff.
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` 8 Q. Do you remember the parties in that
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` 9 copyright case involving user interface design?
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`10 A. So one of the parties was -- it was
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`11 Debt Domain. I don't remember the name of the
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`12 other party. It was a banking user interface,
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`13 graphic user interface case.
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`14 Q. Do you remember where that case --
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`15 what the venue for that case was?
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`16 A. I believe it was in Manhattan. But I
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`17 don't think it ever went to -- at least I wasn't
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`18 involved in any court proceedings, so I'm not
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`19 100 percent sure. The firms were in Manhattan.
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`20 Q. And the proceeding, you said, related
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`21 to indemnification and also related to a patent.
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`22 Do you remember generally what
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`23 technology was at issue in that case?
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`24 A. I would say generally the technology
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`Benjamin B. Bederson, Ph.D. - February 16, 2017
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`13
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` 1 was an electronic program guide on a television
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` 2 and the use of a remote control to control that
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` 3 graphical user interface.
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` 4 Q. Do you remember the name of the
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` 5 parties in that case?
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` 6 A. One of the parties was Gemstar, and I
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` 7 don't think I recall the name of the other
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` 8 party.
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` 9 Q. Do you remember what venue that case
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`10 was in?
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`11 A. That one might have been arbitration.
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`12 I'm not completely sure.
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`13 Q. And the other cases where you were an
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`14 expert in patent litigation, can you just
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`15 describe generally what the technologies were in
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`16 those cases?
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`17 A. I think all of them related to
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`18 computer software and user interfaces. Some of
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`19 them were more on user interface and some of
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`20 them more on software. I don't think I can say
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`21 more without trying to go through each one and
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`22 talk about what they were.
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`23 Q. Do you remember the cases that related
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`24 to user interface? Do you remember which the
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`Benjamin B. Bederson, Ph.D. - February 16, 2017
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`14
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` 1 cases where you were an expert before that
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` 2 related to user interfaces and you offered
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` 3 testimony?
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` 4 A. I worked on a case some time ago with
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` 5 Yahoo that related to a website and images on
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` 6 the website. And I believe there was a question
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` 7 as to when that website displayed small versions
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` 8 of the images on the web pages, and I believe
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` 9 they were called thumbnails. There was a
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`10 question about the nature of those thumbnails
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`11 and maybe how they were computed.
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`12 If you point to a specific matter that
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`13 you're interested in, I'm sure I can tell you
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`14 some more information, but I'm not sure that I
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`15 can recall off the top of my head what the other
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`16 matters were.
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`17 Q. Well, correct me if I'm wrong, but I
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`18 didn't recall seeing matters where you were an
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`19 expert witness in your CV. Is that accurate?
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`20 A. Since this is my academic CV, I don't
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`21 put my expert witness matters in this document.
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`22 I put them on a different document.
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`23 Q. Okay. I don't have anything else,
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`24 then.
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`Benjamin B. Bederson, Ph.D. - February 16, 2017
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`15
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` 1 Are there any other cases you remember
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` 2 acting as an expert witness that related to user
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` 3 interfaces off the top of your head?
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` 4 A. Not right now.
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` 5 Q. And did you prepare for today's
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` 6 deposition?
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` 7 A. Yes, I did.
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` 8 Q. And without describing the substance
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` 9 of any discussions with counsel, can you discuss
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`10 what you did to prepare for today's deposition?
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`11 A. I would say I read a number of
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`12 documents, and I met with counsel yesterday.
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`13 Q. So you only had one session where you
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`14 met with people in preparation for this
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`15 deposition?
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`16 A. I guess, for immediate preparation,
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`17 yes. We did also meet a month or so ago
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`18 anticipating preparing.
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`19 Q. Okay. And do you remember who was at
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`20 that session?
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`21 A. It was these two gentlemen.
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`22 Q. And just them?
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`23 A. Correct.
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`24 Q. No one on the phone?
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`Benjamin B. Bederson, Ph.D. - February 16, 2017
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`16
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` 1 A. No.
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` 2 Q. Okay. And how long did you prepare
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` 3 for in that session?
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` 4 A. Approximately five hours.
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` 5 Q. Can you tell me how long you worked on
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` 6 this case prior to submitting your declaration?
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` 7 A. I do not know how many hours I worked
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` 8 prior to submitting the declaration.
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` 9 Q. What's your best estimate?
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`10 A. I can really only give you a general
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`11 estimate, not a specific.
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`12 Q. Whatever estimate you can give me.
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`13 A. I think total for this matter, I've
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`14 worked somewhere close to 100 hours. And I
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`15 really have no way of knowing how many of those
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`16 hours were before I submitted this and how many
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`17 were after. So somewhere less than a hundred.
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`18 Q. Do you know how much time you spent
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`19 analyzing the prior art that's referred to in
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`20 your declaration?
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`21 A. Similarly, I have no way of breaking
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`22 down how many hours I worked on one part versus
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`23 the other, so I think the only thing I could
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`24 tell you is it's somewhat less than 100 hours.
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`Benjamin B. Bederson, Ph.D. - February 16, 2017
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`17
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` 1 Q. Do you know how much time you spent
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` 2 actually drafting your declaration?
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` 3 A. I think my answer's the same, that I
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` 4 really didn't keep -- I don't recall any
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` 5 specific records of how I spent my time doing
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` 6 what at what point. I only have a general
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` 7 recollection of how many total hours I worked.
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` 8 Q. Eventually, at some point, after some
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` 9 number of hours of analysis, you came to a
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`10 conclusion that the number of the claims of the
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`11 '433 patent were invalid as anticipated and/or
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`12 obvious; is that right?
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`13 A. That's correct.
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`14 Q. At the time that you submitted your
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`15 declaration, did you have an understanding
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`16 whether it was a matter of law the state of the
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`17 art was relevant to obviousness?
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`18 MR. TIBBETTS: Objection.
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`19 A. I guess I'm not completely sure I
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`20 understand your question.
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`21 Q. Have you heard of the phrase state of
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`22 the art in connection with an obviousness
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`23 analysis prior to today?
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`24 A. Yes, I have.
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`Benjamin B. Bederson, Ph.D. - February 16, 2017
`
`18
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` 1 Q. And what's your general understanding
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` 2 of what it means when we talk about the state of
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` 3 the art in an obviousness analysis?
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` 4 A. I guess the reason I was asking the
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` 5 clarifying question is I'm thinking of the term
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` 6 person of ordinary skill in the art. Are you
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` 7 referring to that same?
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` 8 Q. I'm not asking about the person of
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` 9 ordinary skill in the art but rather the concept
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`10 of the state of the art.
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`11 Do you have an understanding that
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`12 those are two different concepts?
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`13 A. Yes, I do.
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`14 Q. Okay. What's your understanding of
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`15 what it means when we talk about the state of
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`16 the art in the context of an obviousness
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`17 analysis?
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`18 MR. TIBBETTS: Objection.
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`19 (Pause)
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`20 A. As I described in my report on pages
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`21 eight through 11, I was supplied by counsel with
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`22 relevant legal standards that I applied. And
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`23 these legal standards describe the importance of
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`24 the prior art, which is the art that I relied
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`Benjamin B. Bederson, Ph.D. - February 16, 2017
`
`19
`
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` 1 upon to develop my opinion about this matter.
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` 2 Your question about the state of the
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` 3 art is more of a general context of what a
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` 4 person of skill in the art would have been
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` 5 familiar with at the time of the patent.
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` 6 Q. And that's something you tried to take
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` 7 into consideration in reaching your opinions
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` 8 regarding obviousness in this case?
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` 9 MR. TIBBETTS: Objection.
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`10 A. So as I described in my declaration on
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`11 pages 11 and 12, I described a person of
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`12 ordinary skill in the art, what I believed their
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`13 background would be.
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`14 And in this document, in response to
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`15 your question, I did say that "I understand that
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`16 a POSA is presumed to be aware of all pertinent
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`17 prior art and the conventional wisdom in the
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`18 art, and is a person of ordinary creativity."
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`19 And "I have applied this standard throughout my
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`20 declaration."
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`21 Q. Other than the specific prior art
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`22 references cited in your declaration, did you
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`23 apply an understanding of what one of skill in
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`24 the art would have been familiar with at the
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`Benjamin B. Bederson, Ph.D. - February 16, 2017
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`20
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` 1 time of the patent in reaching your conclusions
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` 2 of obviousness?
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` 3 A. So the specific prior art that I
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` 4 reference in my declaration is the prior art
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` 5 that I relied on and as I described.
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` 6 I also applied my general
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` 7 understanding of the conventional wisdom in the
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` 8 art that a POSA would have to inform my
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` 9 understanding of; for example, why they might be
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`10 motivated to combine pieces of prior art.
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`11 Q. Would it be fair to say that the prior
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`12 art you identified in your declaration generally
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`13 falls in the 1995 to 2000 time frame?
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`14 A. The table in my declaration in
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`15 paragraph 16 lists the prior art that I relied
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`16 on. It doesn't list the dates of the art here,
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`17 but to the best of my recollection, the art does
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`18 fall in that time frame that you mentioned.
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`19 Q. And you are aware that the application
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`20 for the '433 patent was filed on January 5,
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`21 2001?
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`22 A. I don't have that '433 patent in front
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`23 of me, but that sounds correct.
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`24 Q. Okay. What were you personally
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`Benjamin B. Bederson, Ph.D. - February 16, 2017
`
`21
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` 1 working on in the -- between 1995 and 2000?
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` 2 A. So in that time frame, I was a
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` 3 professor at the University of New Mexico and
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` 4 then moved to University of Maryland where I was
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` 5 also a professor.
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` 6 And the bulk of the focus of my
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` 7 research was on the general area they call
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` 8 zoomable user interfaces, which are a form of
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` 9 graphical user interfaces that have information
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`10 on the screen laid out at different scales, and
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`11 you can navigate through hierarchical -- often
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`12 hierarchical information by zooming in and out
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`13 of that information.
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`14 Q. What kind of devices were those
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`15 zoomable user interfaces on?
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`16 A. There was -- I'll answer that
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`17 question, and then I want to go back to complete
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`18 my previous question because I realize there was
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`19 another thing I wanted to add.
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`20 In that time frame, those zoomable
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`21 user interfaces ran on, I would say, fixed
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`22 desktops and portable laptops, laptop computers.
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`23 Earlier in that time frame I was also
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`24 working on a project where I built kind of a
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`Benjamin B. Bederson, Ph.D. - February 16, 2017
`
`22
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` 1 portable museum tour guide by modifying a
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` 2 digital portable media player that you could
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` 3 carry with you and automatically determine where
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` 4 you were in a building and then play an audio
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` 5 track based on that location.
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` 6 Q. What was the portable media player
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` 7 that you had modified in that research project?
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` 8 A. It was a Sony mini disc player.
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` 9 Q. Is there a name for that project?
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`10 A. Yes. I called it Audio Augmented
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`11 Reality: A Prototype Automated Tour Guide. I
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`12 published it in the proceedings of CHI '95.
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`13 Q. In the 1995 to 2000 time frame, were
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`14 you in any way involved in the industry for MP3
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`15 players or other portable media players?
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`16 A. Well, the project I just described was
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`17 involved in developing a system using a portable
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`18 MP3 player.
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`19 Q. You weren't working for Sony then,
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`20 though, right?
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`21 A. I was not working with Sony on that
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`22 project.
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`23 But the following year, 1996, I did
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`24 receive some research funding from Sony relating
`
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`Benjamin B. Bederson, Ph.D. - February 16, 2017
`
`23
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` 1 to the development of my zoomable user
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` 2 interfaces.
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` 3 Q. So your project involving the
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` 4 automated tour guide was in academic research
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` 5 project, not one for the industry, for MP3
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` 6 players or portable media players; is that
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` 7 correct?
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` 8 A. I believe I talked to some museums
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` 9 about the technology, but I don't believe I ever
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`10 actually deployed it in a museum or with an
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`11 industry partner.
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`12 Q. You didn't talk with any of the
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`13 companies that were developing MP3 players or
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`14 other portable media players in regards to that
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`15 automated tour guide project; is that correct?
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`16 A. I believe I read all of the
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`17 documentation and all of the publicly available
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`18 information about the mini disc player at the
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`19 time and about related players so that I was
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`20 familiar with the technology so I could choose
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`21 which MP3 player or portable media player to
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`22 use.
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`23 I also mention I modified it. I
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`24 physically took it apart and did some soldering
`
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`Benjamin B. Bederson, Ph.D. - February 16, 2017
`
`24
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` 1 to modify how it worked, so I was fairly
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` 2 familiar with that device at the time. But I
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` 3 don't recall any conversations with
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` 4 manufacturers of those devices at the time.
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` 5 Q. At any time in the 1995 to 2000 time
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` 6 frame, did you work with any of the
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` 7 manufacturers for MP3 players or other portable
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` 8 media players on developing an MP3 player or
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` 9 portable media player?
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`10 A. So in that time frame, starting with
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`11 that research grant that I mentioned in 1996 and
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`12 culminating in a $500,000 license that Sony
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`13 research gave to me and my colleagues for my
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`14 zoomable user interface software, we did have a
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`15 number of conversations that were confidential
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`16 but that related to the application of that
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`17 zoomable user interface for Sony's media
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`18 products.
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`19 Q. What time period was that?
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`20 A. I see I apparently left off the year
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`21 of this on my CV, and I apologize for that, but
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`22 I believe it was 1998.
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`23 Q. What did you mean by "media products"?
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`24 A. So Sony licensed the software to use
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`Benjamin B. Bederson, Ph.D. - February 16, 2017
`
`25
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` 1 in a number of their products. I'm now just
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` 2 recalling because this has been almost 20 years
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` 3 ago. They also hired me as a consultant to work
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` 4 with them one summer on the use of this software
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` 5 that they licensed in their products. But I
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` 6 don't think I'm free to discuss what work I did
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` 7 with them.
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` 8 Q. What time period were you consulted on
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` 9 that?
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`10 A. It was one summer. It was probably
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`11 the summer of 1997. It's possible that I'm off
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`12 by a year.
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`13 Q. Other than the automated tour guide
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`14 project and the zoomable user interface project
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`15 you just mentioned or you just testified
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`16 regarding, were you involved in researching MP3
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`17 players or other portable media players in the
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`18 1995 to 2000 time frame?
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`19 A. I think the other piece of my work
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`20 that is perhaps relevant was my dissertation
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`21 work which concluded in 1992 entitled "A
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`22 Miniature Space Variant Active Vision System:
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`23 Cortex 1."
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`24 And that system involved me physically
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`Benjamin B. Bederson, Ph.D. - February 16, 2017
`
`26
`
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` 1 building a small computer with microprocessors
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` 2 and digital signal processor chips and memory
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` 3 chips that was able to produce a television
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` 4 media signal and display that on a television
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` 5 along with a camera.
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` 6 So it was not an MP3, but it was a
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` 7 small portable device that allowed the receiving
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` 8 and creation of video.
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` 9 Q. Did that device store audio or other
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`10 types of media?
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`11 A. I don't believe that stored the video.
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`12 Q. Did it store other types of media
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`13 either?
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`14 A. I believe it probably stored some
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`15 images because we were doing optical character
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`16 recognition of license plates, so I think we may
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`17 have had images of different letter forms.
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`18 I don't recall it storing any other
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`19 kinds of media.
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`20 Q. In the 1995 to 2000 time frame, were
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`21 you involved in market research or market
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`22 analysis in regards to MP3 players or other
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`23 portable media players?
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`24 A. No, I don't believe I was.
`
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`Benjamin B. Bederson, Ph.D. - February 16, 2017
`
`27
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` 1 Q. And in connection with rendering your
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` 2 opinions in your declaration, other than
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` 3 reviewing the '433 patent and the prior art
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` 4 discussed in your declaration, did you do
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` 5 anything else to familiarize yourself with the
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` 6 state of the art of MP3 players or portable
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` 7 media players in the 1995 to 2000 time frame?
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` 8 A. I don't specifically recall doing
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` 9 anything else.
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`10 Q. In the 1995 to 2000 time frame, were
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`11 you involved in the industry for creating media
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`12 player software for personal