Apple vs. Caltech
`Apple vs.
`Caltech(cid:3)
`IPR2017-00701
`IPR2017-00(cid:26)(cid:19)(cid:20)(cid:3)
`Apple 1139
`Apple 1(cid:20)39
`
`
`Apple vs.
`Caltech(cid:3)
`IPR2017-00701
`IPR2017-00(cid:26)(cid:19)(cid:20)(cid:3)
`Apple 1139
`Apple 1(cid:20)39
`
`
`
`UNITED STATES DISTRICT COURT
`
`CENTRAL DISTRICT OF CALIFORNIA
`
`
`
`THE CALIFORNIA INSTITUTE
`
`OF TECHNOLOGY,
`
`Plaintiff,
`
`v.
`
`: Case No.:
`
`HUGHES COMMUNICATIONS,
`
`INC.,
`
`:
`
`2:13—CV—O7245—MRP—JEM
`
`HUGHES NETWORK SYSTEMS, LLC,
`
`DISH NETWORK CORPORATION,
`
`DISH NETWORK, LLC, and DISHNET:
`
`SATELLITE BROADBAND, LLC,
`
`
`
`Defendants.:
`
`
`
`Videotaped Deposition of STEPHEN B. WICKER, Ph.D.
`
`Palo Alto, California
`
`Wednesday, March 11, 2015
`
`9:07 a.m.
`
`Job No.: 77278
`
`Pages:
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`1 — 295
`
`Reported by: Anne M. Torreano
`
`
`
`VIDEOTAPED DEPOSITION OF STEPHEN B. WICKER, PHD.
`
`CONDUCTED ON WEDNESDAY, MARCH 11, 2015
`
`Videotaped Deposition of STEPHEN B. WICKER,
`
`Ph.D., held at the offices of:
`
`WILMER CUTLER PICKERING HALE AND DORR LLP
`
`950 Page Mill Road
`
`Palo Alto, California 94304
`
`(650) 858—6000
`
`
`
`Pursuant to Notice, before Anne M. Torreano,
`
`California Certified Shorthand Reporter #10520,
`
`Registered Professional Reporter, California Certified
`
`Realtime Reporter, Certified LivoNoto Reporter.
`
`PLANET DEPOS
`
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`
`
`VIDEOTAPED DEPOSITION OF STEPHEN B. WICKER, PHD.
`
`CONDUCTED ON WEDNESDAY, MARCH 11, 2015
`
`A P P E A R A N C E S
`
`ON BEHALF OF THE PLAINTIFF:
`
`KEVIN P.B.
`
`JOHNSON, ESQUIRE
`
`QUINN, EMANUEL, URQUHART & SULLIVAN, LLP
`
`555 Twin Dolphin Drive
`
`5th Floor
`
`Redwood Shores, California 94065
`
`(650) 801—5000
`
`(415) 875—6600
`
`RON HAGIZ, ESQUIRE
`
`QUINN, EMANUEL, URQUHART & SULLIVAN, LLP
`
`51 Madison Avenue
`
`22nd Floor
`
`New York, New York 10010
`
`(212) 849—7000
`
`ROBERT KANG, ESQUIRE
`
`QUINN, EMANUEL, URQUHART & SULLIVAN, LLP
`
`50 California Street
`
`22nd Floor
`
`San Francisco, California 94111
`
`PLANET DEPOS
`
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`
`
`VIDEOTAPED DEPOSITION OF STEPHEN B. WICKER, PHD.
`
`CONDUCTED ON WEDNESDAY, MARCH 11, 2015
`
`A P P E A R A N C E S
`
`C O N T I N U E D
`
`ON BEHALF OF THE DEFENDANTS:
`
`JAMES DOWD, ESQUIRE
`
`WILMER CUTLER PICKERING HALE AND DORR LLP
`
`350 South Grand Avenue
`
`Suite 2100
`
`Los Angeles, California
`
`(213) 443—5309
`
`BRIAN M. SEEVE, ESQUIRE
`
`
`
`DANIEL STROUD, Videographer
`
`WILMER CUTLER PICKERING HALE AND DORR LLP
`
`60 State Street
`
`Boston, Massachusetts 02109
`
`(617) 526—6000
`
`ALSO PRESENT:
`
`PLANET DEPOS
`
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`
`
`VIDEOTAPED DEPOSITION OF STEPHEN B. WICKER, PHD.
`
`CONDUCTED ON WEDNESDAY, MARCH 11, 2015
`
`C O N T E N T S
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`EXAMINATION OF STEPHEN B. WICKER, Ph.D.
`
`By Mr. Dowd
`
`By Mr. Johnson
`
`By Mr. Dowd
`
`E X H I B I T S
`
`(Attached to transcript)
`
`WICKER DEPOSITION EXHIBIT
`
`Exhibit 1
`
`Curriculum vitae of Stephen B.
`
`Wicker, Ph.D.
`
`Exhibit B — Materials Considered
`
`Rebuttal Exper: Report of Dr.
`
`
`
`
`
`Exhibi‘
`
`Exhibi‘
`
`
`
`Exhibit
`
`Wayne Stark Regarding
`
`Patents—In—Suit
`
`
`
`Exper: Report of Dr. Stephen B.
`
`Wicker Regarding Infringement of
`
`U.S. Patent Nos. 7,116,710
`
`7,421,032, 7,916,781 and 8,284,833
`
`Exhibit
`
`United States Patent 7,116,710
`
`Exhibi‘
`
`Exhibi‘
`
`
`
`(CALTECH000001152—1162)
`
`Address generation diagram
`
`ETSI EN 302 307 V1.1.2 DVB—SZ
`
`standard (CALTECHOOOOOI593—1666)
`
`PLANET DEPOS
`
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`
`
`VIDEOTAPED DEPOSITION OF STEPHEN B. WICKER, PHD.
`
`CONDUCTED ON WEDNESDAY, MARCH 11, 2015
`
`EXHIBITS CONTINUED
`
`WICKER DEPOSITION EXHIBIT
`
`Exhibit 8
`
`United States Patent 8,284,833
`
`Exhibi‘
`
`Exhibi‘
`
`
`
`(CALTECH000001930—1940)
`
`Claim Construction Order
`
`First Declaration of Dr.
`
`Stephen B. Wicker in Support of
`
`Plaintiff's Motion for Summary
`
`Judgment
`
`Exhibit
`
`Gerswhin specification
`
`(HUGHES00001079—1125)
`
`Exhibit
`
`United States Patent 7,421,032
`
`(CALTECH000002302—2314)
`
`Exhibit
`
`Paper:
`
`"Near Shannon Limit
`
`Error—Correcting Coding and
`
`Decoding: Turbo—Codes"
`
`Exhibit
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`Rebuttal Expert Report of Dr.
`
`
`
`Stephen Wicker, Ph.D. on the
`
`Validity of U.S. Patent Nos.
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`7,116,710; 7,421,032; 7,916781;
`
`and 8,284,833
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`Exhibit 15
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`Paper:
`
`"Irregular Turbocodes"
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`(HUGHES00001821—1828)
`
`Exhibit 16
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`Slides:
`
`"Irregular Turbo—Like
`
`Codes"
`
`(HUGHESOO513989—514001)
`
`PLANET DEPOS
`
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`
`
`VIDEOTAPED DEPOSITION OF STEPHEN B. WICKER, PHD.
`
`CONDUCTED ON WEDNESDAY, MARCH 11, 2015
`
`E X H I B I T S
`
`C O N T I N U E D
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`WICKER DEPOSITION EXHIBIT
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`Exhibit 17
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`Paper:
`
`"Coding Theorems for
`
`'Turbo—Like' Codes"
`
`Exhibi‘
`
`Exhibi‘
`
`Exhibi‘
`
`Exhibi‘
`
`
`
`Graph
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`Graph
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`Graph
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`Paper:
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`"Design of Provably Good
`
`Low—Density Parity Check Codes"
`
`(HUGHESOO790670—7909704)
`
`Exhibit
`
`Patent prosecution history for
`
`United States Patent 7,116,710
`
`(CALTECHOOOOOOOOl—185)
`
`Exhibit
`
`Paper:
`
`"Analysis of Low Density
`
`Codes and Improved Designs
`
`Using Irregular Graphs"
`
`(KHANDEKAROOO924—934)
`
`Exhibit
`
`Paper:
`
`"Practical Loss—Resilient
`
`Codes"
`
`(KHANDEKAROOO935—945)
`
`Exhibit
`
`United States Patent 7,916,781
`
`(CALTECHOOOOOl918—1928)
`
`Exhibit
`
`Paper:
`
`"Low density parity check
`
`
`
`codes with semi—random parity
`
`check matrix"
`
`
`
`(HUGHESOOOOI706—1707)
`
`PLANET DEPOS
`
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`
`
`Exhibit 27
`
`One—page graph,
`
`"Random
`
`VIDEOTAPED DEPOSITION OF STEPHEN B. WICKER, PHD.
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`CONDUCTED ON WEDNESDAY, MARCH 11, 2015
`
`E X H I B I T S
`
`C O N T I N U E D
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`WICKER DEPOSITION EXHIBIT
`
`Permutation"
`
`PLANET DEPOS
`
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`
`
`VIDEOTAPED DEPOSITION OF STEPHEN B. WICKER, PHD.
`
`CONDUCTED ON WEDNESDAY, MARCH 11, 2015
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`
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` DAY, MARCH 11, 2015
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`P R O C E E D I N G S
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`THE VIDEOGRAPHER: Okay. We're going on
`
`the record.
`
`The time is 9:07 a.m. Today's date is
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`March 11th, 2015. Here begins Video 1, Volume 1 in
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`the deposition of Stephen Wicker, Ph.D.,
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`in the
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`matter of California Institute of Technology versus
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`Hughes, et al., before the United States District
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`Court,
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`the Central District of California, Case No.
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`2:13—CV—07245—MRP—JEM.
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`My name is Daniel Stroud.
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`video specialist representing Planet Depos. We are
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`California.
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`Robert Kang.
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`THE VIDEOGRAPHER:
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`You may swear in the
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`PLANET DEPOS
`
`888.433.3767 | WWW.PLANETDEPOS.COM
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`Our court reporter is Ms. Anne Torreano,
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`also representing Planet Depos.
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`Would all counsel
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`in the room please
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`identify yourselves for the record?
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`
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`MR. DOWD:
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`
`Jim Dowd of Wilmer Hale on
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`behalf of the defendants. With me is Brian Seeve.
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`MR.
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`JOHNSON: Kevin Johnson from Quinn
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`Emanuel on behalf of Caltech, and also on behalf of
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`the witness, Dr. Wicker. With me is Ron Hagiz and
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`VIDEOTAPED DEPOSITION OF STEPHEN B. WICKER, PHD.
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`CONDUCTED ON WEDNESDAY, MARCH 11, 2015
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`(WICKER EXHIBIT l4 MARKED.)
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`DOWD:
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`Do you have Exhibit 14?
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`Yes,
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`I do.
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`Do you recognize it?
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`Yes.
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`Q. What is it?
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`A
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`This is the report I served in rebuttal to
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`Professor Frey's invalidity report.
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`Q. Okay. And I'd like to start by turning to
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`your opinions that begin on page 80 with the '710
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`patent.
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`A. Okay.
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`MR. DOWD: And I'll mark as Exhibit 15 the
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`Frey '99 paper just so you have a copy with you.
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`THE WITNESS: Okay.
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`(WICKER EXHIBIT 15 MARKED.)
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`MR. DOWD: While I'm at it, I'll also mark
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`as Exhibit 16 a copy of the Frey slides.
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`(WICKER EXHIBIT l6 MARKED.)
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`DOWD:
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`So do you have Exhibit 15?
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`Yes,
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`I do.
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`Do you recognize it?
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`Yes,
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`I do.
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`PLANET DEPOS
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`888.433.3767 | WWW.PLANETDEPOS.COM
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`VIDEOTAPED DEPOSITION OF STEPHEN B. WICKER, PHD.
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`CONDUCTED ON WEDNESDAY, MARCH 11, 2015
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`Q. What is it?
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`A. This is a paper that was presented at
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`Allerton.
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`MacKay.
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`Q.
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`Is this the paper that is referred to in
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`your report as Frey '99?
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`A. Yes, it is.
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`Then do you have Exhibit 16?
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`Yes,
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`I do.
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`Do you recognize it?
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`Yes.
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`What is that?
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`Q. Okay. This is —— Exhibit 16 is what you
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`referred to in your report as the Frey slides?
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`A. That's correct.
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`Q. And with respect to the content of the Frey
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`slides and the content of the Frey paper, Exhibit 16
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`and Exhibit 15 respectively, are your opinions any
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`PLANET DEPOS
`
`888.433.3767 | WWW.PLANETDEPOS.COM
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`This is a set of slides that was put
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`together by Frey and MacKay as well.
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`Q. And that was also presented at Allerton in
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`A.
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`I don't know whether that's the case or
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`not.
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`I know this was produced in this matter, but
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`I
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`haven't seen them before.
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`VIDEOTAPED DEPOSITION OF STEPHEN B. WICKER, PH.D.
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`CONDUCTED ON WEDNESDAY, MARCH 11, 2015
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`different?
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`A. Well, first I note I'm reasonably sure that
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`the irregular turbo codes paper, Frey '99, was
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`indeed published as part of the proceedings of the
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`Allerton conference.
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`I don't have the same
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`certainty with regard to these slides, as to when
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`they were presented, where they came from.
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`Q. Fair enough.
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`I'm just wondering whether there's a ——
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`whether there's a substantive difference in the
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`technical disclosure between the two documents that
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`would affect your opinions about the invalidity
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`issues in the case or whether it's basically the
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`Q. Maybe just so we have a clean question,
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`is
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`is there any substantive difference in the
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`way that you view those two references?
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`A. There is some difference between the two,
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`same position for both documents.
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`MR.
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`JOHNSON:
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`Is there a question?
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`BY MR. DOWD:
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`Q.
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`So that's my question.
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`MR.
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`JOHNSON: Object to the form.
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`BY MR. DOWD:
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`PLANET DEPOS
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`888.433.3767 | WWW.PLANETDEPOS.COM
`
`
`
`VIDEOTAPED DEPOSITION OF STEPHEN B. WICKER, PHD.
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`CONDUCTED ON WEDNESDAY, MARCH 11, 2015
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`is that the results in the paper were obtained by
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`making small changes to the rate 1/2 turbo code of
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`173
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` 3errou; right?
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`A. That's what it says.
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`Q. And the changes are to make 3errou's turbo
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`code irregular; right?
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`A. That's correct.
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`Q. Okay.
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`Now, convolutional code that is a
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`rate—1 code, that's also, by definition, within 10
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`percent of 1; right?
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`A. Again,
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`I have troubles with the term
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`"rate—1 convolutional code." Those of skill
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`art of error control would not consider that
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`at all.
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`Okay. Why don't we turn to Divsalar
`
`
`
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`3:
`
`
`I'll mark that as Exhibit 17,
`
`which, for the record,
`
`
`
`is Bates number HUGHES 1916
`
`through 1925.
`
`
`
`
`
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`(WICKfiR fiXHI3IT 17 MARK?
`
`
`
`.
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`
`
`THE WITNESS: Okay.
`
`
`
`
`DOW):
`
`
`
`
`
`Do you have Exhibit 17?
`
`Yes,
`
`I do.
`
`PLANET DEPOS
`
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`15:
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`36:
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`4O
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`41
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`16
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`VIDEOTAPED DEPOSITION OF STEPHEN B. WICKER, PHD.
`
`CONDUCTED ON WEDNESDAY, MARCH 11, 2015
`
` Do you recognize it?
`
`Yes,
`
`I do.
`
`What is it?
`
`This is "Coding Theorems for Turbo—Like
`
`
`
`Codes" by Divsalar, Jin and McEliece.
`
`Q. And this is the paper that you discuss in
`
`
`your report as Divsalar?
`
`A. Yes.
`
`Q. And this again was another groundbreaking
`
`paper; right?
`
`A. Yes.
`
`Q.
`
`It was presented in 1998 again at Allerton,
`
`I believe?
`
`15:
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`37:
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`17
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`37
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`38
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`37:
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`44
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`
`
`Q. And just —— the reason why I took us here
`
`now is, if you turn to page 5,
`
`there's some
`
`discussion of the simple class of turbo—like codes
`
`they call RA codes?
`
`A. Yes.
`
`PLANET DEPOS
`
`888.433.3767 | WWW.PLANETDEPOS.COM
`
`I think that's right.
`
`And it was —— it became famous; right?
`
`Yes.
`
`So people working in this field were aware
`
` Divsalar paper; right?
`
`A. Yes,
`
`this work on repeat accumulate codes
`
`was well known.
`
`15:
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`44
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`57
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`O2
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`O9
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`10
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`14
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`16
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`19
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`15:
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`21
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`
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