`Apple vs.
`Caltech(cid:3)
`IPR2017-0072
`IPR2017-00(cid:26)(cid:21)
`Apple 1239
`(cid:27)(cid:3)Apple 1(cid:21)39
`
`
`
`UNITED STATES DISTRICT COURT
`
`CENTRAL DISTRICT OF CALIFORNIA
`
`
`
`
`
`videotaped Deposition of STEPHEN B. WICKER, Ph.D.
`
`
`
`THE CALIFORNIA INSTITUTE
`
`OF TECHNOLOGY,
`
`Plaintiff,
`
`v.
`
`: Case No.:
`
`HUGHES COMMUNICATIONS,
`
`INC.,
`
`:
`
`2:13—Cv—07245—MRP—JEM
`
`HUGHES NETWORK SYSTEMS, LLC,
`
`DISH NETWORK CORPORATION,
`
`DISH NETWORK, LLC, and DISHNET:
`
`SATELLITE RROADRAND, LLC,
`
`
`
`Defendants.:
`
`Palo Alto, California
`
`Wednesday, March 11, 2015
`
`9:07 a.m.
`
`Job No.: 77278
`
`Pages:
`
`1 — 295
`
`Reported by: Anne M. Torreano
`
`
`
`VIDEOTAPED DEPOSITION OF STEPHEN B. WICKER, PHD.
`
`CONDUCTED ON WEDNESDAY, MARCH 1 1, 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
`
`Realtime Reporter, Certified LiveNote Reporter.
`
`Pursuant
`
`to Notice, before Anne M. Torreano,
`
`California Certified Shorthand Reporter #10520,
`
`Registered Professional Reporter, California Certified
`
`PLANET DEPOS
`
`888.433.3767 | WWWPLANETDEPOSCOM
`
`
`
`VIDEOTAPED DEPOSITION OF STEPHEN B. WICKER, PHD.
`
`CONDUCTED ON WEDNESDAY, MARCH 1 1, 2015
`
`A P P E A R A N C E S
`
`
`
`
`ON BEHALF OF TIE FLA NT FE:
`
`(415) 875—6600
`
`
`
`
`KEVIN P.3.
`
`JOHNSON, ESQUIRE
`
`
`
`
`
`QU NN,
`fiMANUfiL, URQUJART & SULLIVAN, LLP
`
`555 Twin Dolphin Drive
`
`5th Floor
`
`Redwood Shores, California 94065
`
`(650) 801—5000
`
`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 | WWWPLANETDEPOSCOM
`
`
`
`VIDEOTAPED DEPOSITION OF STEPHEN B. WICKER, PHD.
`
`CONDUCTED ON WEDNESDAY, MARCH 1 1, 2015
`
`A P P E A R A N C E S
`
`C O N
`
`
`
`ON BEHALF OF THE DEFENDANTS:
`
`JAMES DOWDIr ESQUIRE
`
`
`
`
`
`WILMER CUTLER P CKER NG HALE AND DORR LLP
`
`350 South Grand Avenue
`
`Suite 2100
`
`Los Angeles, California
`
`(213} 443~5309
`
`DANIEL STROUD, Videographer
`
`BRIAN M. SEEVE, ESQUIRE
`
`WILMER CUTLER PICKERING HALE AND DORR LLP
`
`60 State Street
`
`Boston, Massachusetts 02109
`
`{617) 526~6000
`
`ALSO PRESENT:
`
`PLANET DEPOS
`
`888.433.3767 | WWWPLANETDEPOSCOM
`
`
`
`VIDEOTAPED DEPOSITION OF STEPHEN B. WICKER, PHD.
`
`CONDUCTED ON WEDNESDAY, MARCH 1 1, 2015
`
`C O N T E N T S
`
`
`EXAMINATION Or STEPHEN b. WICKER, Ph.D.
`
`By Mr. Dowd
`
`By Mr. Johnson
`
`By Mr. Dowd
`
`E X H I B I T 8
`
`{Attached to transcript)
`
`WICKER DEPOSITION EXHIBIT
`
`Exhibit 1
`
`Curriculum vitae of Stephen B.
`
`Wicker, Ph.D.
`
`Exhibit
`
`Exhibit B — Materials Considered
`
`Exhibit
`
`Rebuttal Expert Report of Dr.
`
`
`
`Wayne Stark Regarding
`
`Patents—In—Suit
`
`Exhibit
`
`Expert 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
`
`(CALTECH000001152—1162)
`
`Exhibit
`
`Address generation diagram
`
`Exhibit
`
`ETSI EN 302 307 v1.1.2 DUB—82
`
`
`standard (CALTECH000001593—1666)
`
`PLANET DEPOS
`
`888.433.3767 | WW’WPLANETDEPOSCOM
`
`
`
`VIDEOTAPED DEPOSITION OF STEPHEN B. WICKER, PHD.
`
`CONDUCTED ON WEDNESDAY, MARCH 1 1, 2015
`
`EXHIBITS CONTINUED
`
`WICKER DEPOSITION EXHIBIT
`
`Exhibit 8
`
`United States Patent 8,284,833
`
`(CALTECHOOOOOl930—l940)
`
`Exhibit 9
`
`Claim Construction Order
`
`Exhibit 10
`
`First Declaration of Dr.
`
`Stephen E. Wicker in Support of
`
`Plaintiff's Motion for Summary
`
`Judgment
`
`Exhibit
`
`Gerswhin specification
`
`(HUGHESOOOOlOTQ—1125)
`
`Exhibit
`
`United States Patent 7,421,032
`
`{CALTECH000002302—2314)
`
`Exhibit
`
`Paper:
`
`"Near Shannon Limit
`
`Error—Correcting Coding and
`
`Decoding: Turbo—Codes"
`
`Exhibit
`
`Rebuttal Expert Report of Dr.
`
`Stephen Wicker, Ph.D. on the
`
`Validity of U.S. Patent Nos.
`
`7,116,710; 7,421,032,- 7,916781;
`
`and 8,284,833
`
`Exhibit 15
`
`Paper:
`
`
`"Irregular Turbocodes"
`
`(HUGHESUOOUlSZl—1828)
`
`
`
`Exhibit 16
`
`Slides:
`
`"Irregular Turbo—Like
`
`
`
`Codes"
`
`(HUGHESDU513989—514001}
`
`PLANET DEPOS
`
`888.433.3767 | WW’WPLANETDEPOSCOM
`
`
`
`VIDEOTAPED DEPOSITION OF STEPHEN B. WICKER, PHD.
`
`CONDUCTED ON WEDNESDAY, MARCH 1 1, 2015
`
`EXHIBITS CONTINUED
`
`WICKER DEPOSITION EXHIBIT
`
`Exhibit 17
`
`Paper:
`
`"Coding Theorems for
`
`'Turbo—Like‘ Codes“
`
`Exhibit
`
`Graph
`
`Exhibit
`
`Graph
`
`Exhibit
`
`Graph
`
`
`
`
`
`Exhibit
`
`Paper:
`
`"Design of Provably Good
`
`Low—Density Parity Check Codes"
`
`(HUGHE800790670—7909704)
`
`Exhibit
`
`Patent prosecution history for
`
`United States Patent 7,116,710
`
`{CALTECHOOOOOOOOl—lBS)
`
`Exhibit
`
`Paper:
`
`"Analysis of Low Density
`
`Codes and Improved Designs
`
`Using Irregular Graphs“
`
`{KHANDEKAROUO924—934}
`
`Exhibit
`
`Paper:
`
`"Practical Loss—Resilient
`
`Codes"
`
`
`(KHANDEKAROOO935—945)
`
`Exhibit
`
`United States Patent 7,916,781
`
`{CALTECH000001918—1928)
`
`Paper:
`
`"Low density parity check
`
`codes with semi—random parity
`
`check matrix"
`
`{HUGHESUOOUlTOB—ITU7)
`
`PLANET DEPOS
`
`888.433.3767 | WW’WPLANETDEPOSCOM
`
`
`
`Exhibit 2'?
`
`One—page graph,
`
`"Random
`
`VIDEOTAPED DEPOSITION OF STEPHEN B. WICKER, PHD.
`
`CONDUCTED ON WEDNESDAY, MARCH 1 1, 2015
`
`E X H I B I T S
`
`C O N T I
`
`WICKER DEPOSITION EXHIBIT
`
`Permutation“
`
`PLANET DEPOS
`
`888.433.3767 | WWWPLANETDEPOSCOM
`
`
`
`VIDEOTAPED DEPOSITION OF STEPHEN B. WICKER, PHD.
`
`CONDUCTED ON WEDNESDAY, MARCH 1 1, 2015
`
`WEDNESDAY, MARCH 11, 2015
`
`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
`
`March llth, 2015. Here begins Video 1, Volume 1
`
`in
`
`the deposition of Stephen Wicker, Ph.D.,
`
`in the
`
`matter of California Institute of Technology versus
`
`Hughes, et al., before the United States District
`
`Court,
`
`
`the Central District of California, Case No.
`
`2:13-cv—07245—MRP—JEM.
`
`My name is Daniel Stroud.
`
`I‘m a notary and
`
`video specialist representing Planet Depos. We are
`
`located today at 950 Page Mill Road, Palo Alto,
`
`California.
`
`Our court reporter is Ms. Anne Torreano,
`
`also representing Planet Depos.
`
`Would all counsel
`
`in the room please
`
`identify yourselves for the record?
`
`MR. DOWD:
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`Jim Dowd of Wilmer Hale on
`
`
`
`behalf of the defendants. With me is Brian Seeve.
`
`MR.
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`JOHNSON: Kevin Johnson from Quinn
`
`Emanuel on behalf of Caltech, and also on behalf of
`
`the witness, Dr. Wicker. With me is Ron Hagiz and
`
`Robert Kang.
`
`
`THE VIDEOGRAPHER:
`
`You may swear in the
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`PLANET DEPOS
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`888.433.3767 | WW’WPLANETDEPOSCOM
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`VIDEOTAPED DEPOSITION OF STEPHEN B. WICKER, PHD.
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`CONDUCTED ON WEDNESDAY, MARCH 1 1, 2015
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`(WTCKER EXHTRIT 14 MARKED.)
`
`. DOWD:
`
`Do you have Exhibit 14?
`
`Yes,
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`I do.
`
`Do you recognize it?
`
`Yes.
`
`Q. What is it?
`
`A
`
`This is the report
`
`I served in rebuttal to
`
`Professor Frey‘s invalidity report.
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`Q. Okay. And I'd like to start by turning to
`
`your opinions that begin on page 80 with the '?10
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`patent.
`
`A. Okay.
`
`MR. DOWD: And I'll mark as Exhibit 15 the
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`Frey ‘99 paper jast so you have a copy with you.
`
`
`
`
`
`THE WITNESS: Okay.
`
`(WICKER EXHIBIT 15 MARKED.)
`
`
`
`
`
`)OW): While I'm at it, I'll also mark
`
`MR.
`
`
`Exhibit 16 a copy of the Frey slides.
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`(WICKER EXHIBIT 16 MARKED.)
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`BY MR. DOWD:
`
`So do you have Exhibit 15?
`
`Yes,
`
`I do.
`
`Do you recognize it?
`
`Yes,
`
`I do.
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`PLANET DEPOS
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`888.433.3767 | WWWPLANETDEPOSCOM
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`15:
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`VIDEOTAPED DEPOSITION OF STEPHEN B. WICKER, PHD.
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`CONDUCTED ON WEDNESDAY, MARCH 1 1, 2015
`
`Q. What is it?
`
`A. This is a paper that was presented at
`
`Allerton.
`
`It was written by Brendan Frey and David
`
`MacKay.
`
`Q.
`
`
`Is this the paper that is referred to in
`
`your report as Frey '99?
`
`Yes,
`
`it is.
`
`Then do you have Exhibit 16?
`
`Yes,
`
`I do.
`
`Do you recognize it?
`
`Yes.
`
`What is that?
`
`
`
`This is a set of slides that was put
`
`together by Frey and MacKay as well.
`
`Q. And that was also presented at Allerton in
`
`A.
`
`I don't know whether that's the case or
`
`not.
`
`I know this was produced in this matter, but
`
`I
`
`haven't seen them before.
`
`Q. Okay. This is —— Exhibit 16 is what you
`
`referred to in your report as the Frey slides?
`
`A. That's correct.
`
`Q. And with respect to the content of the Frey
`
`slides and the content of the Frey paper, Exhibit 16
`
`15:
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`and Exhibit 15 respectively, are your opinions any
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`15:
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`2-1
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`:25
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`PLANET DEPOS
`
`888.433.3767 | WWWPLANETDEPOSCOM
`
`
`
`VIDEOTAPED DEPOSITION OF STEPHEN B. WICKER, PHD.
`
`CONDUCTED ON WEDNESDAY, MARCH 1 1, 2015
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`different?
`
`A. Well, first I note I'm reasonably sure that
`
`
`
`
`
`the irregular turbo codes paper, Frey ‘99, was
`
`indeed published as part of the proceedings of the
`
`Allerton conference.
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`I don't have the same
`
`certainty with regard to these slides, as to when
`
`they were presented, where they came from.
`
`Q. Fair enough.
`
`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
`
`would affect your opinions about
`
`the invalidity
`
`issues in the case or whether it's basically the
`
`same position for both documents.
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`MR.
`
`JOHNSON:
`
`Is there a question?
`
`BY MR. DOWD:
`
`Q.
`
`So that's my question.
`
`MR.
`
`JOHNSON: Object to the form.
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`BY MR. DOWD:
`
`Q. Maybe just so we have a clean question,
`
`is
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`your opinion with respect to Frey ‘99 and the Frey
`
`slides,
`
`is there any substantive difference in the
`
`way that you view those two references?
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`A. There is some difference between the two,
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`15:
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`but
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`I don't recall there being a difference that led
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`15::
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`:03
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`PLANET DEPOS
`
`888.433.3767 | WW’WPLANETDEPOSCOM
`
`
`
`VIDEOTAPED DEPOSITION OF STEPHEN B. WICKER, PHD.
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`CONDUCTED ON WEDNESDAY, MARCH 1 1, 2015
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`is that the results in the paper were obtained by
`
`15:
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`35:
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`38
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`lT3
`
`making small changes to the rate l/2 turbo code of
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`Berrou; right?
`
`A. That's what it says.
`
`Q.
`
`And the changes are to make Berrou‘s turbo
`
`code irregular; right?
`
`A. That‘s correct.
`
`O. Okay.
`
`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?
`
`A. Again,
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`I have troubles with the term
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`3l
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`"rate—l convolutional code." Those of skill in the
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`15:
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`art of error control would not consider that a code
`
`15:
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`37
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`
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`through l925.
`
`
`(WICKER EXHIBIT 17 MARKED.)
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`THE WITNESS: Okay.
`
`BY MR. DOWD:
`
`Q.
`
`Do you have Exhibit 17?
`
`A. Yes,
`
`I do.
`
`PLANET DEPOS
`
`888.433.3767 | WWWPLANETDEPOSCOM
`
`at all.
`
`Q. Okay. Why don‘t we turn to Divsalar for a
`
`A. Okay.
`
`MR. DOWD:
`
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`I‘ll mark that as Exhibit 17,
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`which,
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`for the record,
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`is Bates number HUGHES 1916
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`
`VIDEOTAPED DEPOSITION OF STEPHEN B. WICKER, PHD.
`
`CONDUCTED ON WEDNESDAY, MARCH 1 1, 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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`Q.
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`And just —— the reason why I took us here
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`now is,
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`if you turn to page 5,
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`there‘s some
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`discussion of the simple class of turbo—like codes
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`they call RA codes?
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`A. Yes.
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`PLANET DEPOS
`
`888.433.3767 | WWWPLANETDEPOSCOM
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`A.
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`I
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`think that‘s right.
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`And it was —— it became famous; right?
`
`Yes.
`
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`80 people working in this field were aware
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`of the Divsalar paper; right?
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`A. Yes,
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`this work on repeat accumulate codes
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`was well known.
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