Case 2:11-cv-01578-GMN-PAL Document 116-5 Filed 03/21/14 Page 2 of 57
`
`Jay Dee Krull - October 10, 2013
`
`Page 1
`
`HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY
` IN THE UNITED STATES DISTRICT COURT
` FOR THE DISTRICT OF NEVADA
`
`SILVER STATE INTELLECTUAL
`TECHNOLOGIES, INC., a
`Nevada corporation,
`
` Plaintiff/Counterdefendant,
`
` vs. Case No.
` 2:11-cv-1578-PMP-PAL
`GARMIN INTERNATIONAL, INC.,
`a Kansas corporation, and
`GARMIN USA, INC., a Kansas
`corporation.
`
` Defendants/Counterclaimants.
`
` VIDEOTAPED 30(b)(6) AND INDIVIDUAL
` DEPOSITION OF JAY DEE KRULL
` Taken on behalf of the Plaintiff
` October 10, 2013
`
` Saundra Tippins, CCR
`
` (The deposition began at 1:04 p.m.)
`
`1
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`8
`
`9
`
`10
`
`11
`12
`13
`
`14
`
`15
`
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`Fax: 314.644.1334
`
`MIDWEST LITIGATION SERVICES
`www.midwestlitigation.com
`
`Phone: 1.800.280.3376
`
`EXHIBIT 1034.001
`
`
`
`Jay Dee Krull - October 10, 2013
`
`Page 1
`
`HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY
` IN THE UNITED STATES DISTRICT COURT
` FOR THE DISTRICT OF NEVADA
`
`SILVER STATE INTELLECTUAL
`TECHNOLOGIES, INC., a
`Nevada corporation,
`
` Plaintiff/Counterdefendant,
`
` vs. Case No.
` 2:11-cv-1578-PMP-PAL
`GARMIN INTERNATIONAL, INC.,
`a Kansas corporation, and
`GARMIN USA, INC., a Kansas
`corporation.
`
` Defendants/Counterclaimants.
`
` VIDEOTAPED 30(b)(6) AND INDIVIDUAL
` DEPOSITION OF JAY DEE KRULL
` Taken on behalf of the Plaintiff
` October 10, 2013
`
` Saundra Tippins, CCR
`
` (The deposition began at 1:04 p.m.)
`
`1
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`8
`
`9
`
`10
`
`11
`12
`13
`
`14
`
`15
`
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`Fax: 314.644.1334
`
`MIDWEST LITIGATION SERVICES
`www.midwestlitigation.com
`
`Phone: 1.800.280.3376
`
`EXHIBIT 1034.001
`
`
`
`Case 2:11-cv-01578-GMN-PAL Document 116-5 Filed 03/21/14 Page 3 of 57
`
`Jay Dee Krull - October 10, 2013
`
`Page 2
`
`QUESTIONS BY: PAGE NO.
`MR. ZORETIC 7
`MS. SCHUTTE 146
`MR. HART 158
`MR. ZORETIC 175
`
` INDEX OF EXHIBITS
`
`EXHIBIT PAGE MKD.
`NO.
`Exhibit 104 Disclosures 93
`Exhibit 105 Emails 133
`Exhibit 106 PDP 149
`Krull 1 Manual 158
`Krull 2 StreetPilot I 169
`(Whereupon exhibits were attached to original
` and copies, except Krull 2 was retained by
` Mr. Hart.)
`
`1 2
`
`3
`4
`5
`6
`
`7 8
`
`9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`Fax: 314.644.1334
`
`MIDWEST LITIGATION SERVICES
`www.midwestlitigation.com
`
`Phone: 1.800.280.3376
`
`EXHIBIT 1034.002
`
`
`
`Case 2:11-cv-01578-GMN-PAL Document 116-5 Filed 03/21/14 Page 4 of 57
`
`Jay Dee Krull - October 10, 2013
`
`Page 3
`
` IN THE UNITED STATES DISTRICT COURT
` FOR THE DISTRICT OF NEVADA
`
`SILVER STATE INTELLECTUAL
`TECHNOLOGIES, INC., a
`Nevada corporation,
`
` Plaintiff/Counterdefendant,
`
` vs. Case No.
` 2:11-cv-1578-PMP-PAL
`GARMIN INTERNATIONAL, INC.,
`a Kansas corporation, and
`GARMIN USA, INC., a Kansas
`corporation.
`
` Defendants/Counterclaimants.
`
` VIDEOTAPED 30(b)(6) AND INDIVIDUAL
`DEPOSITION OF JAY DEE KRULL, produced, sworn, and
`examined on the 10th day of October, 2013, between
`the hours of nine o'clock in the forenoon and five
`o'clock in the afternoon of that day, at Erise IP,
`6201 College Boulevard, Suite 300, Overland Park,
`Kansas, before SAUNDRA TIPPINS, a Notary Public,
`and Certified Court Reporter within and for the
`States of Missouri and Kansas, in a certain cause
`now pending before the U.S. District Court,
`District of Nevada, wherein SILVER STATE
`INTELLECTUAL TECHNOLOGIES, INC., is the Plaintiff,
`and GARMIN INTERNATIONAL, INC., et al., are the
`Defendants.
`
`1 2
`
`3
`
`4
`
`5
`
`6
`
`7
`8
`
`9
`
`10
`
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`Fax: 314.644.1334
`
`MIDWEST LITIGATION SERVICES
`www.midwestlitigation.com
`
`Phone: 1.800.280.3376
`
`EXHIBIT 1034.003
`
`
`
`Case 2:11-cv-01578-GMN-PAL Document 116-5 Filed 03/21/14 Page 5 of 57
`
`Jay Dee Krull - October 10, 2013
`
`Page 4
`
` A P P E A R A N C E S
` For the Plaintiff:
` MR. MARKO R. ZORETIC
` MS. LONI SCHUTTE
` KNOBBE, MARTENS, OLSON & BEAR
` 2040 Main Street, 14th Floor
` Irvine, California 92614
` (949)780-0404
` marko.zoretic@knobbe.com
`
` For the Defendants:
`
` MR. PAUL HART
` MR. ABRAN KEAN
` ERISE, IP
` 5300 DTC Parkway, Suite 210
` Greenwood Village, Colorado 80111
` (913)777-5600
` Email paul.hart@eripseIP.com
`
` For the Defendants:
` MR. DAVID AYERS
` GARMIN ASSISTANT GENERAL COUNSEL
` 1200 East 151st Street
` Olathe, Kansas 66062
` (913)397-8200
` david.ayers@garmin.com
`
` The Court Reporter:
` Ms. Saundra Tippins
` Midwest Litigation Services
` 1301 Oak Street
` Kansas City, Missouri 64106
` (816)221-1160
`
`12
`
`3
`4
`
`5
`
`6
`
`7
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`14
`15
`
`16
`
`17
`
`18
`19
`20
`
`21
`
`22
`23
`24
`25
`
`Fax: 314.644.1334
`
`MIDWEST LITIGATION SERVICES
`www.midwestlitigation.com
`
`Phone: 1.800.280.3376
`
`EXHIBIT 1034.004
`
`
`
`Case 2:11-cv-01578-GMN-PAL Document 116-5 Filed 03/21/14 Page 6 of 57
`
`Jay Dee Krull - October 10, 2013
`
`Page 5
`
` A P P E A R A N C E S (cont'd.)
`
` The Videographer:
` Mr. Ryan Gray
` Midwest Litigation Services
` 1301 Oak Street
` Kansas City, Missouri 64106
` (816)221-1160
`
`1 2 3
`
`4 5
`
`6
`
`7
`
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`Fax: 314.644.1334
`
`MIDWEST LITIGATION SERVICES
`www.midwestlitigation.com
`
`Phone: 1.800.280.3376
`
`EXHIBIT 1034.005
`
`
`
`Case 2:11-cv-01578-GMN-PAL Document 116-5 Filed 03/21/14 Page 34 of 57
`
`Jay Dee Krull - October 10, 2013
`
`Page 158
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` So it's generally that group, that
` business segment board, would have a leader, and
` then it would likewise include our president
` Cliff Pemble in terms of review. So I think for
` consumer products, both Cliff and Dan Bartel
` would be involved in this level of decision.
` Q Okay. I don't have any other
` questions.
` (The reporter marked Exhibit No.
` Krull 1.)
` EXAMINATION
` QUESTIONS BY MR. HART:
` Q I'm handing the witness what's been
` marked Krull 1. Mr. Krull, can you take a look at
` this document, and let me know if you've seen it
` before.
` A (Witness complies.) Yes, I have seen
` it before.
` Q And what is this document?
` A This is the StreetPilot owner's
` manual. This would be the first generation of
` StreetPilot products.
` Q And for the record, I'll read it in.
` It's beginning with Bates label GR --
` GARM-PRIART-012534.
`
`Fax: 314.644.1334
`
`MIDWEST LITIGATION SERVICES
`www.midwestlitigation.com
`
`Phone: 1.800.280.3376
`
`EXHIBIT 1034.006
`
`
`
`Case 2:11-cv-01578-GMN-PAL Document 116-5 Filed 03/21/14 Page 35 of 57
`
`Jay Dee Krull - October 10, 2013
`
`Page 159
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` Mr. Krull, I'll have you turn to the third
` page that ends in 536.
` A Okay. (Witness complies.)
` Q The last line of text on this page,
` there's a date May 1998 and a part number that
` ends in Rev-A.
` A I see it.
` Q Are you familiar with that
` terminology?
` A Yes.
` Q And what does -- what does that
` indicate to you?
` A With our part numbering system in our
` document control configuration management, we use
` numeric numbers as revisions while something is in
` an experimental release. When it goes to a
` production release, then we increment to start
` letters.
` So Rev-A would indicate the first
` production revision of a particular item, in this
` case a document or a manual.
` Q And the May 1998, does that mean the
` first version of the StreetPilot I was released to
` the public in that month?
` MR. ZORETIC: Objection, leading.
`
`Fax: 314.644.1334
`
`MIDWEST LITIGATION SERVICES
`www.midwestlitigation.com
`
`Phone: 1.800.280.3376
`
`EXHIBIT 1034.007
`
`
`
`Case 2:11-cv-01578-GMN-PAL Document 116-5 Filed 03/21/14 Page 36 of 57
`
`Jay Dee Krull - October 10, 2013
`
`Page 160
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
` A So the document is dated 1998 and that
` is Revision A, so by that, then yes, this would
` have been the revision of the manual that was
` released for production. And the date of that
` document is May 1998.
` Q (By Mr. Hart) You testified that this
` revision of the manual would have been released
` for production in May 1998. Would the product
` itself also have been released in May 1998?
` A Yes. Ultimately the manual is always
` trying to catch up with the product in terms of
` the feature set. We generally have changes to the
` product, especially from a user interface
` perspective, pictures, screenshots and stuff, so
` if the manual gets too far ahead, it can become
` absolute.
` So it would not have been released until
` the product was eminent, right, so the two would
` literally be released in the same, you know,
` timeframe, days apart, maybe even a week, but
` close enough that I think the month of May would
` be representative.
` Q Okay, very good. I'll have you turn
` to manual page six. It's a Bates number that ends
` 550.
`
`Fax: 314.644.1334
`
`MIDWEST LITIGATION SERVICES
`www.midwestlitigation.com
`
`Phone: 1.800.280.3376
`
`EXHIBIT 1034.008
`
`
`
`Case 2:11-cv-01578-GMN-PAL Document 116-5 Filed 03/21/14 Page 57 of 57
`Case 2:11-cv-01578-GMN-PAL Document 116-5 Filed 03/21/14 Page 57 of 57
`JAY DEE KRULL 10/10/2013
`
`
`
`
`
`CERTIFICATE OF REPORTER
`
`Page 194
`
`I, Saundra Tippins, Certified Court Reporter,
`
`Notary Public within and for the State of Missouri,
`
`do hereby certify that the witness whose testimony
`
`appears in the foregoing deposition was duly sworn
`
`by me;
`
`the testimony of said witness was taken by
`
`me to the best of my ability and thereafter reduced
`
`to typewriting under my direction;
`
`that I am
`
`neither counsel for, related to, nor employed by
`
`any of the parties to the action in which this
`
`deposition was taken, and further that I am not a
`
`relative or employee of any attorney or counsel
`
`employed by the parties thereto, nor financially or
`
`otherwise interested in the outcome of the action.
`
`My commission expires
`
`
`
`Notary Public within and for
`
`the State of Missouri
`
`www.midwestlitigation.com
`
`MIDWESTLITIGATION SERVICES
`Phone: 1.800.280.3376
`
`Fax: 314.644.1334
`
`EXHIBIT 1034.009
`
`
`
`EXHIBIT 1034.009
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
