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`Jay Dee Krull - October 10, 2013
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`Page 1
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`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.)
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`Fax: 314.644.1334
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`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
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`Jay Dee Krull - October 10, 2013
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`Page 2
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`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.)
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`Fax: 314.644.1334
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`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
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`Jay Dee Krull - October 10, 2013
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`Page 3
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` 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.
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`Fax: 314.644.1334
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`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
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`Jay Dee Krull - October 10, 2013
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`Page 4
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` 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
`
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`Fax: 314.644.1334
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`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
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`Jay Dee Krull - October 10, 2013
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`Page 5
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` 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
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`Fax: 314.644.1334
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`MIDWEST LITIGATION SERVICES
`www.midwestlitigation.com
`
`Phone: 1.800.280.3376
`
`EXHIBIT 1034.005
`
`
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`Case 2:11-cv-01578-GMN-PAL Document 116-5 Filed 03/21/14 Page 34 of 57
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`Jay Dee Krull - October 10, 2013
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`Page 158
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` 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
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`Jay Dee Krull - October 10, 2013
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`Page 159
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` 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
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`Jay Dee Krull - October 10, 2013
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`Page 160
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` 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
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`I, Saundra Tippins, Certified Court Reporter,
`
`Notary Public within and for the State of Missouri,
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`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;
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`that I am
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`neither counsel for, related to, nor employed by
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`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
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`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
`
`