UNITED STATES PATENT AND TRADEMARK OFFICE
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Page 1
`
`FLIR SYSTEMS, INC., and
`FLIR MARITIME US, INC.,
`(f/k/a RAYMARINE INC.),
`
` Petitioner,
`
`vs. Case No. IPR2017-00946
` U.S. Patent No.
`GARMIN SWITZERLAND GmbH, 7,268,703 B1
`
` Patent Owner.
`
` Deposition of STEVEN DOUGLAS BROWNE
`
` Overland Park, Kansas
`
` January 19, 2018 - 9:04 a.m.
`
`Reported by:
`
`Naola C. Vaughn
`
`Job no: 20500
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`EXHIBIT 1032.001
`
`

`

`Page 2
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`Page 4
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` I N D E X
`1
`2 WITNESS: STEVEN DOUGLAS BROWNE
`Examination by Mr. Ferguson ......................... 5
`3
`
` EXHIBITS
`NUMBER DESCRIPTION PAGE
`Exhibit 1001 - U.S. Patent 7,268,703 B1 8
`Exhibit 1005 - W.J. de Jong, Automated Route 9
` Planning, A Network-Based Route
` Planning Solution for Marine
` Navigation
`
`Exhibit 2001 - Bowditch "manual" 22
`
`Exhibit 2003 - Declaration of Steven Browne 9
`
`Page 5
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` STEVEN DOUGLAS BROWNE,
`a witness, being first duly sworn, testified as
`follows:
` EXAMINATION
`BY MR. FERGUSON:
` Q. Good morning.
` A. Good morning.
` Q. Please state your full name for the
`record.
` A. Steven Douglas Browne.
` Q. And can you give us an address? It
`can be work or residential, whatever you're
`comfortable with.
` A. 200 Maritime Academy Drive, Vallejo,
`California 94590.
` Q. Great. Have you ever been deposed
`before, Mr. Browne?
` A. I have not.
` Q. Let me just give you a review of the
`ground rules, per se, to help you, and if you have
`any questions about these, let me know, okay?
` A. I will.
` Q. Number one, the court reporter is
`taking down everything we say. So as a result,
`let's try to talk in order. I'll ask a question.
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`
` DEPOSITION OF STEVEN DOUGLAS BROWNE,
`produced, sworn and examined on behalf of the
`Petitioner, pursuant to Notice, on Friday, the 19th day
`of January, 2018, between the hours of 9:04 a.m. and
`11:30 a.m. of that day, at the law offices of Erise IP,
`P.A., 7016 College Boulevard, Suite 700, in the City of
`Overland Park, in the County of Johnson, and the State
`of Kansas, before me, NAOLA C. VAUGHN, MO CCR 1052, KS
`CCR 0895, CRR, RPR, a Certified Court Reporter, within
`and for the States of Missouri and Kansas.
`
`Page 3
`
` A P P E A R A N C E S
`For the Petitioner:
` WEIL GOTSHAL & MANGES, LLP
` 2001 M Street, N.W.
` Suite 600
` Washington, D.C. 20036
` 202.682.7000
` brian.ferguson@weil.com
` BY: BRIAN E. FERGUSON
` and
` stephen.bosco@weil.com
` BY: STEPHEN P. BOSCO
`
`For the Patent Owner:
` ERISE IP, P.A.
` 7015 College Boulevard
` Suite 700
` Overland park, Kansas 66211
` 913.777.5600
` jennifer.bailey@eriseip.com
` BY: JENNIFER C. BAILEY
`
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`2 (Pages 2 to 5)
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`EXHIBIT 1032.002
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`

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`Page 6
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`Page 8
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`1 You give an answer. Let's not talk over each
`other, okay?
`2
` A. Yes.
`3
` Q. Number two, please keep all of your
`4
`answers verbal, as opposed to head nods or head
`5
`shakes, okay?
`6
` A. Yes.
`7
` Q. And I think most importantly is, if
`8
`you don't understand my question, just ask me to
`9
`clarify, and I'll be happy to try and do that,
`10
`okay?
`11
` A. I will.
`12
` Q. And then lastly, if you just need a
`13
`break at any time, just let me know and we'll look
`14
`for a place to take a break.
`15
` A. I will.
`16
` Q. Generally we break every hour or so.
`17
`18 Get up and stretch your legs.
` A. Very good.
`19
` Q. Okay. When were you first contacted
`20
`by either counsel or someone at Garmin regarding
`21
`potentially working on this matter?
`22
` A. I don't recall a specific day, but it
`23
`24 was -- it was in November of 2017, I believe. But
`it could have been September. I think it was
`25
`
` Q. I noticed -- let me strike that.
`1
` And what is your compensation for
`2
`3 working on this matter?
` A. I got paid $200 an hour for the
`4
`initial document review and preparation of my
`5
`declaration and $300 an hour for work related to
`6
`the deposition.
`7
` Q. Okay. Why do you charge more for the
`8
`9 work related to the deposition?
` A. This is my first time doing this, and
`10
`I admit I know very little about the process. I
`11
`asked a colleague how much I should charge and
`12
`took his advice.
`13
` Q. Okay. So as we sit here today, you
`14
`are being compensated 300 an hour as you give
`15
`testimony; correct?
`16
` A. That's correct.
`17
` Q. I've put in front of you some of the
`18
`exhibits that relate to this matter. The first is
`19
`20 what we'll call Exhibit 1001. It's a copy of the
`patent at issue here, 7,268,703.
`21
` Do you see that?
`22
` A. I do.
`23
` Q. And you're obviously familiar with
`24
`this patent; correct?
`25
`
`Page 7
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`Page 9
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`1 November.
` Q. November 2017; correct?
`2
` A. Yes.
`3
` Q. All right. When you were contacted,
`4
`5 who contacted you? Was it someone from outside
`counsel or someone in-house at Garmin?
`6
` A. Outside counsel. I was emailed to see
`7
`if I was interested and then with a follow-up call
`8
`after that.
`9
` Q. Do you have a written engagement
`10
`letter?
`11
` A. Yes, I have a contract, yes.
`12
` Q. Okay. Do you recall roughly when that
`13
`14 was signed?
` A. Probably the end of November. I don't
`15
`recall the specific date.
`16
` Q. Okay. Prior to signing that
`17
`engagement letter or contract, were you provided
`18
`any materials that related to this matter?
`19
` A. I was not.
`20
` Q. So to be clear, you signed the
`21
`engagement letter to work on behalf of Garmin in
`22
`this matter without seeing the particular patent
`23
`that's at issue; correct?
`24
` A. That's correct.
`25
`
` A. Yes.
`1
` Q. Is it acceptable to you if we refer to
`2
`it as the '703 patent?
`3
` A. Yes.
`4
` Q. Thank you.
`5
` And then next is, I believe, a copy of
`6
`your Declaration that you prepared?
`7
` A. It is.
`8
` Q. Which is labeled Exhibit 2003. Is
`9
`that right?
`10
` A. Yes.
`11
` Q. And just for the record, is that your
`12
`signature on the probably third or fourth last
`13
`page?
`14
` A. It is.
`15
` Q. Okay. Just a note. You signed this
`16
`17 Declaration on November 15th, 2017?
` A. I did.
`18
` Q. Does that refresh your memory about
`19
`20 when you were first contacted?
` A. Yes, it does. I most likely was
`21
`contacted in October, but it was shortly before
`22
`preparing the Declaration.
`23
` Okay. And then lastly, in front of
`24
`you is a copy of Exhibit 1005, which, for the
`25
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`TransPerfect Legal Solutions
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`3 (Pages 6 to 9)
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`EXHIBIT 1032.003
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`Page 10
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`Page 12
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`record is entitled Automated Route Planning, A
`1
`2 Network-Based Route Planning Solution for Marine
`3 Navigation, and the author is Wichert J. de Jong,
`d-e, J-o-n-g.
`4
` Do you see that?
`5
` A. I do.
`6
` Q. My -- I have been calling this the
`7
`de Jong reference.
`8
` Is that acceptable to you?
`9
` A. It is. I might occasionally call it
`10
`de Jong out of habit, but I don't know which one
`11
`is correct.
`12
` Q. Right.
`13
` But we'll go with either one, and
`14
`15 we'll both understand what we're talking about.
`Is that okay?
`16
` A. It is.
`17
` Q. Okay. And you reviewed the de Jong
`18
`reference as well, as part of this proceeding;
`19
`correct?
`20
` A. I did.
`21
` Q. All right. The '703 patent which you
`22
`have in front of you, Exhibit 1001, you'd agree
`23
`that it discusses algorithms; correct?
`24
` A. It does mention an algorithm in a few
`25
`
`1 Declaration; correct?
` A. I did.
`2
` Q. And in general, do you agree with me
`3
`that algorithms are designed to accomplish a given
`4
`result?
`5
` A. Yes. That's the goal of an algorithm.
`6
` Q. Okay. And usually an algorithm is --
`7
`consists of one or more steps. Is that accurate?
`8
` A. They often do. Yes, I don't -- they
`9
`don't necessarily have a specific number of steps
`10
`involved.
`11
` Q. Okay. Now, in general, do you agree
`12
`13 with me that not every step in an algorithm always
`needs to be performed?
`14
` MS. BAILEY: Objection. Form.
`15
`BY MR. FERGUSON:
`16
` Q. I should have clarified that.
`17
` Your counsel may object to the
`18
`questions from time to time. You are still bound
`19
`to answer them unless your counsel instructs you
`20
`not to. Okay?
`21
` A. Okay. Can you clarify the question,
`22
`please?
`23
` Q. Sure. Not every step in an algorithm
`24
`always needs to be performed; correct?
`25
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`Page 11
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`Page 13
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`locations.
`1
` Q. Right. And just as an example, not
`2
`limiting the example, if you can look at Figure 5.
`3
`4 You'll see in the box that's labeled 510, there's
`a reference to a marine route calculation
`5
`algorithm; correct?
`6
` A. Yes.
`7
` Q. An important question is how do you
`8
`pronounce r-o-u-t-e?
`9
` A. Typically I pronounce it route.
`10
` Q. Okay.
`11
` A. But I think there are alternate
`12
`correct pronunciations.
`13
` Q. I'm going to use route from now on.
`14
` A. Okay.
`15
` Q. Thank you.
`16
` So you agree then that the '703 patent
`17
`does have some disclosure and discussion of
`18
`algorithms; correct?
`19
` A. It does use the term "algorithm" in a
`20
`few places, yes.
`21
` Q. You have experience with algorithms
`22
`from your studies in college; correct?
`23
` A. I do, yes.
`24
` Q. I think you referenced that in your
`25
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` MS. BAILEY: Objection. Form.
`1
` A. Some algorithms are more tightly
`2
`3 written than others.
` So I would suspect that there might be
`4
`an algorithm out there that would be true of.
`5
`BY MR. FERGUSON:
`6
` Q. Sure. For example, let's use a
`7
`non-technical example.
`8
` Have you ever eaten at a Subway
`9
`restaurant?
`10
` A. I have.
`11
` Q. In some ways you could describe the
`12
`process of going into a Subway and ordering a
`13
`sandwich to be an algorithm.
`14
` Would you agree with that?
`15
` A. I do. I could see that.
`16
` Q. Come in. One of your -- your first
`17
`choice is to choose the bread. Then they give you
`18
`19 meat choices, cheese choices, vegetable choices,
`and condiment choices; correct?
`20
` A. Yes.
`21
` Q. Now, I might go through that process
`22
`and decide to skip the vegetable choices, but I
`23
`24 would still get a sandwich at the end; correct?
` A. Yes.
`25
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`4 (Pages 10 to 13)
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`EXHIBIT 1032.004
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` Q. So that's an example of when an
`algorithm may not necessarily require that every
`step be performed in order to achieve the result;
`correct?
` A. That is a good illustration in the
`context of a Subway sandwich.
` Q. Sure. And algorithms can also be
`simplified, correct, in that, again, one or more
`of the steps may not necessarily need to be
`performed?
` MS. BAILEY: Objection. Form.
` A. I haven't analyzed a specific
`question. So I can't really speak directly to
`that line of questioning without further, you
`know, preparation.
`BY MR. FERGUSON:
` Q. Sure. Okay. That's fair.
` You'd agree that an algorithm can be
`run multiple times until the desired result is
`achieved; right?
` A. Many algorithms of various purposes
`are designed to function in that way.
` Q. And, in fact, do you recall from the
`'703 patent that it teaches that algorithms can be
`performed multiple times to achieve the result;
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`algorithms.
` Q. Let me ask you this then. What is
`your opinion as to the definition of an algorithm
`as a person of ordinary skill in the art of the
`'703 patent would use it?
` MS. BAILEY: Objection. Scope.
` A. Could you narrow the question?
`BY MR. FERGUSON:
` Q. I don't think I can.
` What is your opinion regarding what a
`person of ordinary skill in the art, in the
`subject matter of the '703 patent -- how would
`that person define an algorithm?
` MS. BAILEY: Same objection.
` A. In general, an algorithm is a way of
`framing the solution to a problem.
`BY MR. FERGUSON:
` Q. Looking at, for example, Figure 6 of
`the '703 patent, you would agree that Figure 6
`identifies three steps as labeled in the three
`rectangles; correct?
` A. It appears to be so, yes.
` Q. And then would you agree then that, in
`general, to a person of ordinary skill in the art,
`Figure 6 could be classified as an algorithm?
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`right?
`1
` A. I haven't looked at the '703 patent to
`2
`address that question.
`3
` Q. Um-hum.
`4
` A. So I would need to refresh my memory
`5
`as to what it says.
`6
` Q. Why don't we look then at Column 12 of
`7
`the '703 patent, and specifically Lines 16 through
`8
`18.
`9
` A. I read it.
`10
` Q. And that says, "The method sequence
`11
`shown in Figures 5 through 7 can be repeated as
`12
`13 many times as necessary without limitation in
`order to achieve a desired course."
`14
` Do you see that?
`15
` A. I do. It does say that.
`16
` Q. And do you agree that Figures 5
`17
`through 7 of the '703 patent described algorithms?
`18
` A. Just looking at the highlighted
`19
`sentence that you read, it doesn't say
`20
`"algorithms." And only looking at the Figures 5,
`21
`6, and 7, it doesn't label those as algorithms.
`22
`23 And I haven't reviewed that question thoroughly as
`part of my Declaration to be able to say at this
`24
`time -- to analyze that, whether or not those are
`25
`
` A. I'd like to look through the patent to
`1
`see how the patent describes Figure 6, if I could
`2
`have a moment.
`3
` Q. Absolutely. Take your time.
`4
` A. Thank you.
`5
` The patent describes Figure 6 as a
`6
`flowchart on -- this is on page 11, line 30.
`7
`"Figure 6 is a flowchart illustrating an
`8
`additional method, according to an embodiment of
`9
`the present navigation."
`10
` So it does not describe it as an
`11
`algorithm.
`12
` Q. Just to be clear, you would disagree
`13
`that Figure 6 of the '703 patent shows an
`14
`algorithm to a person of skill in the art; is that
`15
`your testimony?
`16
` MS. BAILEY: Objection. Form.
`17
` A. I would say rather that, based on my
`18
`review to date, I don't have enough information to
`19
`label it.
`20
`BY MR. FERGUSON:
`21
` Q. Okay. You would agree then, based on
`22
`23 what you just reviewed from the '703 patent, that
`Figure 6, at a minimum, shows a flowchart;
`24
`correct?
`25
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`EXHIBIT 1032.005
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` A. The patent does label it as a
`flowchart.
` Q. And as I called your attention to
`Column 12, Lines 16 through 18, the '703 patent
`teaches that that flowchart sequence could be
`repeated as many times as necessary in order to
`achieve the desired course; correct?
` A. It does say that, yes.
` Q. Now, it's also true, is it not, that
`an algorithm isn't required to follow the exact
`same steps every time; correct?
` A. Often an algorithm will involve a
`decision tree, which, depending on the flow
`through the decision tree, in a specific
`circumstance, various steps might be performed or
`not performed on a specific iteration.
` Q. And looking specifically at the flow
`charts shown in the '703 patent, the patent
`teaches that not every step needs to be followed
`every time; correct?
` A. I don't think I have enough -- I
`haven't analyzed the specific flow charts to
`know -- to be able to comment accurately on that
`question.
` Q. So it's your testimony that, in
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`be understood by those of ordinary skill in the
`art, that one or more of the methods provided
`herein may be executed in a different order than
`described herein.
` Q. Ask you to look at Figure 5 again of
`the '703 patent.
` A. Okay.
` Q. In the block that's labeled 510, the
`step is performing a marine route calculation
`algorithm.
` Do you see that?
` A. I do.
` Q. What is, in your opinion, the output
`of that particular marine route calculation
`algorithm?
` MS. BAILEY: Objection. Form.
` A. I would be happy to read the square.
`It says, "Performing a marine route calculation
`algorithm to calculate a course between a first
`location and potential waypoint in view of
`preselected conditions."
` So that would seem to be the goal of
`that step.
`BY MR. FERGUSON:
` Q. Okay. Then let's take a look at your
`
`Page 19
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`Page 21
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`reviewing the '703 patent, you have not reviewed
`1
`it sufficiently enough to understand the flow
`2
`charts that are described in it; is that correct?
`3
` A. I was asked to opine on some specific
`4
`questions, which I did. I spent a significant
`5
`period of time on those questions I was asked for
`6
`7 my opinion on. And I did not dedicate a
`sufficient time to other topics.
`8
` Q. Well, you would agree, in order to
`9
`perform the opinions that you did express in your
`10
`declaration, it was required for you to review the
`11
`'703 patent in detail; correct?
`12
` A. I did review it in detail, yes.
`13
` Q. So let's look then at Column 10 of the
`14
`'703 patent.
`15
` And look specifically at Lines 49
`16
`through you 52.
`17
` A. Okay.
`18
` Q. So you'd agree that the '703 patent
`19
`teaches that, to one of ordinary skill in the art,
`20
`they would understand that the methods and
`21
`flowcharts that are described in the patent may be
`22
`executed in a different order than what's
`23
`described; correct?
`24
` A. That is the direct reading that is to
`25
`
`1 Declaration, and you can the look at paragraph 28.
` A. Okay.
`2
` Q. This is Exhibit 2003.
`3
` You see that?
`4
` A. I do.
`5
` Q. Now, it's your opinion that the term
`6
`or word "course" would be understood by, as you
`7
`put it, a professional mariner to be used
`8
`differently than how the '703 patent uses it; is
`9
`that correct?
`10
` A. Yes. That's my opinion.
`11
` Q. And your belief as a person of
`12
`ordinary skill in the art that the word "course;"
`13
`as used in the '703 patent, means the path of
`14
`intended travel of a craft with respect to the
`15
`earth; is that right?
`16
` A. Yes. That is the definition that I
`17
`have included in my declaration.
`18
` Q. And, in fact, you took your definition
`19
`of "course" from one of the definitions that
`20
`Bowditch provides for the word "track"; correct?
`21
` A. Yes.
`22
` Q. Okay.
`23
` THE DEPONENT: Would you mind if I got
`24
` a cup of coffee.
`25
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`EXHIBIT 1032.006
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` (Brief recess.)
`1
`BY MR. FERGUSON:
`2
` Q. When I referenced Bowditch in my last
`3
`question, I'm referring to the manual or book
`4
`that's labeled Exhibit 2001 in this proceeding;
`5
`correct?
`6
` A. Yes.
`7
` Q. Now, Bowditch provided, as I recall,
`8
`three separate definitions for the word "track."
`9
` And they each had a different meaning;
`10
`correct?
`11
` A. Two comes to mind, but I would need to
`12
`reference the text again to --
`13
` Q. All right. For the sake of everyone
`14
`involved, I did not copy the entirety of Bowditch.
`15
`16 What I did do is took some excerpts from the
`glossary of Bowditch, okay?
`17
` A. Okay.
`18
` Q. And in particular, page 855 of
`19
`Exhibit 2001 has the definition of "track," and I
`20
`21 will let you take a look at this.
` A. Yes. There are three definitions.
`22
` Q. And it's your opinion that the person
`23
`of ordinary skill in the art, reviewing the '703
`24
`patent, would choose the second definition of
`25
`
`log."
`1
` Q. What is your understanding of what a
`2
`track log is, as understood by a person of
`3
`ordinary skill in the art?
`4
` A. A log is a term of art, generally
`5
`6 meaning a record. In this case -- and generally a
`track log -- not necessarily in the context of the
`7
`'703 patent, which I haven't analyzed it very
`8
`carefully for that question. A "track log" in the
`9
`10 maritime industry would be a record of past
`positions.
`11
` Q. And that record of past positions is
`12
`different from the intended track; correct?
`13
` A. As used in the maritime industry, in
`14
`the context that I have seen it, yes, it is
`15
`different.
`16
` Q. Now, again, you've defined the word
`17
`"course," or it's your opinion that -- let me
`18
`strike that and start over.
`19
` It's your opinion that the word
`20
`"course," as used in the '703 patent, means the
`21
`path of intended travel of a craft with respect to
`22
`the earth; right?
`23
` A. Yes.
`24
` Q. Now, the word "path" doesn't appear in
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`
`Page 23
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`Page 25
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`"track" offered in Bowditch as being the meaning
`1
`of the claim term "course"; right?
`2
` A. That is correct, yes.
`3
` Q. And you'd agree with me that the '703
`4
`patent does not state that "course" should be
`5
`interpreted to mean "track"; does it?
`6
` A. No. I don't believe that it
`7
`specifically says that.
`8
` Q. And, in fact, the '703 patent never
`9
`refers to "the intended track" at all; does it.
`10
` A. I don't recall that it uses that
`11
`phrase, that word.
`12
` I don't see the word "track" in the
`13
`'703 patent.
`14
` Q. All right. So -- let me restate the
`15
`question then.
`16
` The '703 patent, based on your review,
`17
`never refers to "the intended track"; does it?
`18
` A. It does not refer to it using those
`19
`20 words, that phrase; that's correct.
` Q. Okay. Looking at the '703 patent, I
`21
`found one reference to the word "track."
`22
` A. Oh, okay.
`23
` Q. Column 7, Line 27.
`24
` A. Line 27. Okay. Okay. I see "track
`25
`
`the '703 patent either; does it?
`1
` A. I'd have to go through it again to
`2
`scan, if that is the case.
`3
` Be nice if we had paper. I'd hit the
`4
`control F function.
`5
` In my quick review of the '703 patent,
`6
`I did not see the word "path".
`7
` Q. Take a look at paragraph 35 of your
`8
`9 Declaration.
` A. Declaration. Okay.
`10
` Q. In this paragraph, you're providing a
`11
`discussion of the '703 patent, talking about
`12
`defining a buffer zone; correct?
`13
` A. Yes, that is correct.
`14
` Q. And the second sentence of the
`15
`paragraph reads, "This informs me that the buffer
`16
`zone extends along the line or path of travel."
`17
` Do you see that?
`18
` A. I do.
`19
` Q. Are you, therefore, equating the word
`20
`"path" as used in your definition of "course" to
`21
`22 mean a line?
` A. The path would include a line and
`23
`24 would be a -- the entire series of connected lines
`from one waypoint to a subsequent waypoint.
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`
`7 (Pages 22 to 25)
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`EXHIBIT 1032.007
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` Q. And those lines, as shown in the '703
`patent, are straight lines connecting waypoints;
`correct?
` A. I don't believe I have -- I don't
`believe I can give an answer to that. I'm not
`sure it says "straight line" or describes the
`lines.
` Q. Do you agree that Figures 4b and 4c
`show lines connecting waypoints; correct?
` A. Yes. So there are lines connecting
`several waypoints in those diagrams.
` Q. And in those diagrams, the lines are
`straight lines between each waypoint; correct?
` A. Visually they appear to be straight.
` Q. You saw no reference in the '703
`patent to the lines connecting the waypoints as
`being anything other than straight; correct?
` A. I don't recall. I can look through to
`see if I can find a description of the lines. I
`didn't analyze that -- the patent for that
`question. So I would be happy to look through to
`see if they -- how they describe the connections.
` I didn't see a description of the line
`describing it as straight or not straight in my
`quick review, with the only description I saw of
`
`destination waypoint is the intended series of
`1
`connected lines that -- for the vessel to follow.
`2
` Q. You just testified that the path is
`3
`the intended track. But you're relying on the
`4
`definition of track in Bowditch which refers to a
`5
`path; correct?
`6
` A. Yes. They are related definitions.
`7
` Q. Path, track, and line are all
`8
`interchangeable in your definition of course; is
`9
`that right?
`10
` A. The intended path of travel is the
`11
`track, yes. So one word is used in the definition
`12
`of the other, yes.
`13
` Q. So I'm correct that in your definition
`14
`of course, path, track, and line all mean the same
`15
`thing; correct?
`16
` A. For a line would be a segment -- the
`17
`entire series of lines would be the path or the
`18
`track. Yes, they are very similar terms.
`19
` Q. Okay. In your definition of course
`20
`that you've offered, does the line between the
`21
`22 waypoints need to be unbroken?
` A. Yes, the entire intended track, the
`23
`path of travel in a navigation plan is unbroken.
`24
` Q. So is it your opinion that a dashed
`25
`
`Page 27
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`Page 29
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`line 404 in Figure 4a is described as a course.
`1
`So I was pointing to the line calling it a course,
`2
`but I didn't -- it doesn't call it a path or a
`3
`line.
`4
` Q. And in Figures 4a, 4b, and 4c, the
`5
`line that connects the waypoints is a straight
`6
`line between waypoints; correct?
`7
` A. Visually it looks straight.
`8
` Q. So, again, going back to your
`9
`paragraph 35 --
`10
` A. Okay.
`11
` Q. -- is it correct that, in your
`12
`definition of the word "course," path and line
`13
`14 mean the same thing?
` A. I wouldn't say they are exactly the
`15
`same, no. A line can be a segment of a path,
`16
`17 where, in the context here, a path is the specific
`line or -- the track of travel between waypoints,
`18
`19 where, in this context of my statement, a line is
`a -- would be a segment of that path.
`20
` Q. In your definition of course, what is
`21
`the path?
`22
` A. The path is the intended track line
`23
`that -- for the course -- for the vessel to
`24
`follow, from the departure waypoint to the
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`line would not -- would not meet your definition
`of course?
` A. By unbroken, I mean continuous. But
`there are a number of ways that a line can be
`displayed on a chart or a computer screen could
`have a dashed line but still have an unbroken path
`between points.
` Q. Okay. In paragraph 34 of your
`declaration, you refer to an outline of a path of
`travel.
` Do you see that?
` A. Yes.
` Q. And with respect to your proposed
`definition of the word "course," it's your opinion
`that the course is not just an outline of the path
`of travel; correct?
` A. Right. By outline, I mean a broad
`plan from between waypoints which gives broad
`scope of a vessel to operate within that outline,
`as compared to a path, which is a specific route
`or track on the chart for a vessel to follow.
` Q. And you're basing your opinion that an
`outline of a path of travel does not meet your
`definition of course based on your review of the
`de Jong reference, Exhibit 1005; correct?
`
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`
`8 (Pages 26 to 29)
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`EXHIBIT 1032.008
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`Page 30
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`Page 32
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` MS. BAILEY: Objection. Form.
`1
` A. I'm sorry. Could you rephrase the
`2
`question?
`3
`BY MR. FERGUSON:
`4
` Q. You're basing your opinion that an
`5
`outline of a path of travel does not meet your
`6
`definition of course based on your review of the
`7
`de Jong reference, Exhibit 1005; correct?
`8
` MS. BAILEY: Same objection.
`9
` A. In my reading of de Jong, the output
`10
`of his Automated Route Planning is not a track or,
`11
`as the '703 patent describes it, a course.
`12
`Rather, it's a different -- it's a route, as a
`13
`broad plan for the travel.
`14
`BY MR. FERGUSON:
`15
` Q. So you reviewed the de Jong reference.
`16
`17 And then, based on that determined the definition
`of "course" as used in the '703 patent; right?
`18
` A. I reviewed the '703 patent and saw how
`19
`it described course and determined that -- that it
`20
`21 most closely matched the professional term of art,
`"track".
`22
` I didn't rely on de Jong to come up
`23
`24 with a definition of "course."
` Q. Okay. Let me have you look at
`25
`
`calls it a course. And in that diagram, the
`1
`course is the series of lines connecting the
`2
`3 waypoints, the waypoints and the lines.
` So that, in my opinion, matches the
`4
`definition in de Jong.
`5
` Q. At paragraph 27 you defined the word
`6
`"course" as "the path of intended travel of a
`7
`craft with respect to earth."
`8
` And what I'm asking you is whether or
`9
`not that definition also includes being comprised
`10
`of legs and waypoints or not?
`11
` A. The definition that I use, "the path
`12
`of intended travel with respect to the earth,"
`13
`does not explicitly mention here that includes
`14
`15 waypoints and -- and legs. In -- in practice in
`the profession, when you are creating a path of
`16
`intended travel, it includes waypoints and legs
`17
`for practical -- in practice.
`18
` Q. So is it your opinion then that a
`19
`person of ordinary skill in the art would
`20
`understand that, based on your definition of
`21
`"course," it would necessarily include legs and
`22
`23 waypoints; correct?
` MS. BAILEY: Objection. Form. And
`24
` foundation.
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`
`Page 31
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`Page 33
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`paragraph 76 of your declaration.
` A. Okay. All right.
` Q. In the last portion of paragraph 76,
`you make reference to the path of intended travel
`of the craft with respect to the earth, and is
`comprised of legs and waypoints.
` Do you see that?
` A. I do.
` Q. And you say that's also a definition
`of "course" as used in the '703 patent; correct?
` A. I would say that the use of the
`term -- as I said here, the way the '703 patent
`uses the term "course" matches the way that
`de Jong has defined "track."
` Q. So does your definition of "course,"
`as used in the '703 patent, include being
`comprised of legs and waypoints or not?
` A. The diagrams -- I came to that
`conclusion amongst other clues, but the -- on,
`say, for example, Figure 4b, which -- and you have
`item 403 pointing to the series of lines that
`connect the waypoints. And 403, in another
`paragraph, is called a course.
` So in Column 8 out of the patent,
`Column 8, Line 52, it, for example, causes it --
`
` A. Can you rephrase the question?
`1
`BY MR. FERGUSON:
`2
` Q. Is it your opinion that a person of
`3
`ordinary skill in the art would understand, from
`4
`your definition of "course," that it would include
`5
`legs and waypoints?
`6
` A. In most cases, the track, as developed
`7
`by a navigator, a person of ordinary skill in the
`8
`art, includes waypoints and legs, consists of
`9
`10 waypoints and legs. So I would say that's the
`case.
`11
` Q. All right. In para