throbber
Henry H. Houh, PhD
`
`1
`
` 1 UNITED STATES PATENT AND TRADEMARK OFFICE
`
` 2 BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
` 3
`
` 4 Case IPR2017-01131
` US Patent No. 8,464,304
`
` 5
`
` 6 Case IPR2017-01133
` US Patent No. 8,601,506
`
` 7
`
` 8 *********************************
`
` 9 TWITTER, INC.,
`
` 10 Petitioner,
`
` 11 vs.
`
` 12 VIDSTREAM, LLC,
`
` 13 Patent Owner.
`
` 14 *********************************
`
` 15
`
` 16
`
` 17 DEPOSITION OF HENRY H. HOUH, Ph.D., a witness
`
` 18 called on behalf of the Patent Owner, pursuant to the
`
` 19 Rules of Civil Procedure, before Karen D. Pomeroy,
`
` 20 Registered Diplomate Reporter and Notary Public in
`
` 21 and for the Commonwealth of Massachusetts, at the
`
` 22 offices of Dunn Reporting Services, 185 Devonshire
`
` 23 Street, Boston, Massachusetts, on Thursday,
`
` 24 September 6th, 2018, commencing at 9:08 a.m.
`
` 25
`
`Lexitas
`
`Twitter, Inc. v. VidStream LLC
`IPR2017-01131
`VidStream LLC | Ex. 2010
`Page 1 of 174
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`Henry H. Houh, PhD
`
`2
`
` 1 APPEARANCES:
`
` 2 TODD M. SIEGEL, ESQUIRE
`
` 3 Klarquist Sparkman, LLP
`
` 4 One World Trade Center
`
` 5 121 SW Salmon Street, Suite 1600
`
` 6 Portland, Oregon 97204
`
` 7 503-595-5300
`
` 8 todd.siegel@klarquist.com
`
` 9 For the Petitioner
`
` 10
`
` 11
`
` 12 EAGLE ROBINSON, ESQUIRE
`
` 13 Norton Rose Fulbright US LLP
`
` 14 98 San Jacinto Boulevard, Suite 1100
`
` 15 Austin, Texas 78701-4255
`
` 16 512-474-5201
`
` 17 eagle.robinson@nortonrosefulbright.com
`
` 18 For the Patent Owner
`
` 19
`
` 20
`
` 21
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` 22
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` 23
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` 24
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` 25
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`Lexitas
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`Henry H. Houh, PhD
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`3
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` 1 INDEX
`
` 2 DEPOSITION OF HENRY H. HOUH, Ph.D. PAGE
`
` 3 Examination by Attorney Robinson 4
`
` 4
`
` 5 PREVIOUSLY MARKED EXHIBITS
`
` 6 NO. DESCRIPTION PAGE
`
` 7 Ex. 1007 Declaration of Kevin C. Almeroth, Ph.D.,
` Under 37 C.F.R., Section 1.68 in Support
` 8 of Petition for Inter Partes Review of
` U.S. Patent No. 9,083,997 (Claims 1-19) ... -
`
` 9
`
` Ex. 1009 United States Patent Application
` 10 Publication Number US 2012-0254925 A1,
` Nassiri ................................... -
`
` 11
`
` Ex. 1036 Reply Declaration of Kevin C. Almeroth,
` 12 Ph.D., Under 37 C.F.R., Section 1.68 in
` Support of Petition for Inter Partes
` 13 Review of U.S. Patent No. 9,083,997
` (Claims 1-19) .............................126
`
` 14
`
` Ex. 1037 HTTP Live Streaming Draft Dated 03/23/12...126
`
` 15
`
` Ex. 1038 ISO/IEC 23009-1, Information Technology
` 16 - Dynamic Adaptive Streaming over HTTP
` (DASH) .................................... -
`
` 17
`
` Ex. 1039 Netflix Technology Blog, HTML 5 and
` 18 Video Streaming ........................... -
`
` 19 Ex. 1040 Adobe Flash Video File Format
` Specification, Version 10.1................ -
` 20 Ex. 1044 Excerpt From Microsoft Computer
` Dictionary, Fifth Edition ................. 86
`
` 21
`
` 22
`
` 23
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` 24
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` 25
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`Henry H. Houh, PhD
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`4
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` 1 HENRY H. HOUH, Ph.D.,
`
` 2 having been duly sworn by the reporter, was
`
` 3 deposed and testified as follows:
`
` 4 EXAMINATION
`
` 5 BY MR. ROBINSON:
`
` 6 Q. Good morning, Dr. Houh.
`
` 7 A. Good morning.
`
` 8 Q. Thank you for being here. I'm going to hand you
`
` 9 what's been marked Exhibit 1003 in the 1131 IPR
`
` 10 relating to the 304 patent.
`
` 11 Do you recognize that document?
`
` 12 A. Yes, I do.
`
` 13 Q. And could you briefly state what that document
`
` 14 is.
`
` 15 A. It's a copy of my declaration for the 304 patent
`
` 16 proceeding.
`
` 17 Q. Okay. And that's your first declaration, just to
`
` 18 be clear?
`
` 19 A. Yes, it's my first declaration.
`
` 20 Q. Does that document mention SDKs at all?
`
` 21 MR. SIEGEL: Objection. Outside the scope of
`
` 22 this deposition.
`
` 23 A. If you look at page 25, paragraph 62 to 66, it's
`
` 24 describing at a high level the Lahti reference;
`
` 25 and if you look at paragraph 63, it says "Lahti
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`Henry H. Houh, PhD
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`5
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` 1 generally describes the MobiCon video production
`
` 2 tool, which allows users to record video clips
`
` 3 with their camera phones and share them with
`
` 4 others."
`
` 5 And so that paragraph doesn't specifically
`
` 6 mention SDKs, but if you look at the Lahti
`
` 7 reference itself, it says something like
`
` 8 recording on camera phones is done using the SDK.
`
` 9 So this is a high-level description. This
`
` 10 paragraph -- you know, I think this section
`
` 11 doesn't get into the details of the paper at that
`
` 12 level, but if you -- it's clearly talking about
`
` 13 recording video clips; and the Lahti reference
`
` 14 clearly talks -- if you look at it in I think
`
` 15 Section 3 or something like that off the top of
`
` 16 my head, it talks about using SDK from various
`
` 17 camera manufacturers to perform video recording
`
` 18 or something like that.
`
` 19 I don't have the Lahti paper memorized.
`
` 20 BY MR. ROBINSON:
`
` 21 Q. So the paragraphs you've pointed to in your
`
` 22 declaration don't mention SDKs; did I hear that
`
` 23 correctly?
`
` 24 MR. SIEGEL: Objection. Outside the scope of
`
` 25 this deposition.
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`Henry H. Houh, PhD
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`6
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` 1 A. The paragraph I'm looking to in my first
`
` 2 declaration, paragraph 63, talks about allowing
`
` 3 users to record video clips, that -- that that's
`
` 4 what Lahti allowed; how it describes MobiCon
`
` 5 video production.
`
` 6 So it doesn't specifically mention SDKs, but
`
` 7 it's describing recording video clips; and the
`
` 8 paper itself goes into more detail about how
`
` 9 that's done.
`
` 10 Q. Is there anywhere in this document that
`
` 11 specifically mentions SDKs?
`
` 12 MR. SIEGEL: Objection. Outside the scope of
`
` 13 this deposition.
`
` 14 A. I mean, I don't have it memorized every word and,
`
` 15 unfortunately, this paper copy's not searchable.
`
` 16 If you'd like me to look through every single
`
` 17 page, I'd have to do that to answer your
`
` 18 question.
`
` 19 BY MR. ROBINSON:
`
` 20 Q. So as we sit here without looking through the
`
` 21 paper again, do you recall anywhere that
`
` 22 specifically mentions SDKs?
`
` 23 MR. SIEGEL: Objection. Outside the scope of
`
` 24 this deposition.
`
` 25 A. In this -- in this section of a few paragraphs
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`Henry H. Houh, PhD
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`7
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` 1 that we're looking at now, paragraphs 62 to 66,
`
` 2 as I said, that's an introduction and a
`
` 3 high-level description of Lahti.
`
` 4 The paper itself is much longer than these
`
` 5 four paragraphs; so the paper goes into a lot
`
` 6 more detail about the stuff that I've summarized
`
` 7 here in this section and in other parts, but,
`
` 8 again, it specifically says here that Lahti
`
` 9 describes the MobiCon video production tool,
`
` 10 which allows users to record video clips with
`
` 11 their camera phones.
`
` 12 The paper itself goes into more detail about
`
` 13 what's done, for example, resolutions and using
`
` 14 SDKs provided by camera phone manufacturers for
`
` 15 recording videos, and that it's I think
`
` 16 straightforward to record video.
`
` 17 So I don't talk about all the little minute
`
` 18 details of the Lahti reference in these four
`
` 19 paragraphs. I talk about them at a high level.
`
` 20 Q. So beyond those four paragraphs, the entire
`
` 21 document, are there any examples that you recall
`
` 22 that you can point me to now that specifically
`
` 23 mention SDKs?
`
` 24 MR. SIEGEL: Objection. Outside the scope of
`
` 25 this deposition.
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`Henry H. Houh, PhD
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`8
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` 1 A. If you look at page 28, paragraph 69 in that
`
` 2 section, again in -- in the middle of paragraph
`
` 3 69 towards the bottom of page 28 it says "Indeed,
`
` 4 Current TV provided a monetary reason for Lahti
`
` 5 users to create and submit such video content,"
`
` 6 and then if you go on to look at paragraph 71 on
`
` 7 the next page, the second sentence says "Lahti
`
` 8 describes using a client device to capture video
`
` 9 in accordance with certain constraints," and
`
` 10 again I'm talking at a high level about what
`
` 11 Lahti's doing. I don't talk about the details
`
` 12 that the Lahti paper -- which is submitted as an
`
` 13 exhibit in parallel with this declaration. It's
`
` 14 stated in the Lahti reference itself some of the
`
` 15 details.
`
` 16 This section doesn't talk about the
`
` 17 resolution that's required or that Lahti requests
`
` 18 for the video as the paper goes into more detail,
`
` 19 but it's talking about the Lahti reference
`
` 20 describing that the client device is able to
`
` 21 capture video.
`
` 22 BY MR. ROBINSON:
`
` 23 Q. So this also does not specifically mention SDKs?
`
` 24 MR. SIEGEL: Objection. Outside the scope of
`
` 25 this deposition.
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`Henry H. Houh, PhD
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`9
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` 1 A. I don't see the word "SDK" in paragraph 69 or 71,
`
` 2 but clearly it's referencing and referring to the
`
` 3 Lahti -- the function of one of the components of
`
` 4 the Lahti system to capture video.
`
` 5 And if you look at the details of the Lahti
`
` 6 paper itself, it clearly says that it's -- it's
`
` 7 straightforward to perform video recording using
`
` 8 camera vendor-provided SDKs or something like
`
` 9 that.
`
` 10 Q. I'm going to hand you what's been marked
`
` 11 Exhibit 1003 in the 1133 proceeding related to
`
` 12 the 506 patent.
`
` 13 In your analysis of Lahti, does this paper
`
` 14 differ in any way than the one that you were just
`
` 15 looking at?
`
` 16 MR. SIEGEL: Objection. Outside the scope of
`
` 17 this deposition.
`
` 18 BY MR. ROBINSON:
`
` 19 Q. Perhaps more specifically, does this paper
`
` 20 specifically address SDKs?
`
` 21 By "this paper," I mean 1133 Exhibit 2003 --
`
` 22 1003.
`
` 23 MR. SIEGEL: Objection. Outside the scope.
`
` 24 A. I can't -- it doesn't have a proceeding number
`
` 25 on -- IPR number on this.
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`Henry H. Houh, PhD
`
`10
`
` 1 I'm looking at the 506 patent one. I don't
`
` 2 know offhand which IPR number that is.
`
` 3 Q. Right.
`
` 4 A. But it's -- you say it's 1133?
`
` 5 Q. Yes. The one that refers to the 506 patent.
`
` 6 A. Well, if you look at page 25 on this 506 one, it
`
` 7 has a similar section and it goes from paragraph
`
` 8 59 through 62.
`
` 9 It's slightly different paragraph numbers,
`
` 10 but paragraph 60 says that "Lahti generally
`
` 11 describes the MobiCon video production tool,
`
` 12 which allows users to record video clips with
`
` 13 their camera phones and share them with others,"
`
` 14 and it -- it specifically cites to Exhibit 1006
`
` 15 at pages 1 through 3.
`
` 16 Certainly if you look at the -- the Lahti
`
` 17 paper, it -- if you have a copy, could I look at
`
` 18 it?
`
` 19 Q. Sure. I'll hand you what's been marked Twitter
`
` 20 Exhibit 1006.
`
` 21 I believe it's 1006 in both proceedings; so
`
` 22 I'll just give you one copy.
`
` 23 A. It's clearly referring to Lahti. It's -- it's
`
` 24 referring to pages 1 through 3 -- 1 to 3 -- 1, 2,
`
` 25 and 3, I guess it's the same either way, and it
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`Henry H. Houh, PhD
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`11
`
` 1 says -- it's describing the tool, and this is a
`
` 2 high-level description.
`
` 3 It's summarizing in about four paragraphs
`
` 4 this paper which is 12 -- 12-pages long if you
`
` 5 include the citations.
`
` 6 And on page 3 of the Lahti paper, the second
`
` 7 paragraph of Section 3, it clearly states "Video
`
` 8 recording, the first function, is relatively
`
` 9 straightforward to implement with vendor-provided
`
` 10 SDKs."
`
` 11 So I'm clearly summarizing at a high level,
`
` 12 pointing -- citing to pages 1 through 3 which
`
` 13 specifically talk about how video recording is --
`
` 14 that's video capture or actually record video --
`
` 15 I think other places I've used the word "video
`
` 16 capture" but in paragraph 60 I use "record video
`
` 17 clips"; and page 3 of the Lahti paper,
`
` 18 Exhibit 1006, says that "Video recording, the
`
` 19 first function, is relatively straightforward to
`
` 20 implement with vendor-provided SDKs."
`
` 21 Q. That paragraph 60 in your declaration doesn't
`
` 22 specifically mention SDKs; does it?
`
` 23 MR. SIEGEL: Objection. Outside the scope.
`
` 24 A. The word "SDK" is not -- I don't see it in
`
` 25 paragraph 60, but it's clearly referring to the
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`Henry H. Houh, PhD
`
`12
`
` 1 Lahti -- talking about recording video clips,
`
` 2 referring to the Lahti paper at pages 1 through
`
` 3 3.
`
` 4 If you look at the Lahti paper at pages 1
`
` 5 through 3, it provides a lot more details about
`
` 6 the recording and specifically that video
`
` 7 recording is relatively straightforward to
`
` 8 implement with vendor-provided SDKs.
`
` 9 BY MR. ROBINSON:
`
` 10 Q. But you don't discuss those details in your
`
` 11 declaration; do you?
`
` 12 MR. SIEGEL: Objection. Outside the scope.
`
` 13 A. Paragraph 60 doesn't go into that level of
`
` 14 detail, but it's clearly citing the Lahti
`
` 15 reference which does have the detail.
`
` 16 Q. So same question as with the 304 declaration.
`
` 17 Are there any other places in your 506
`
` 18 declaration that you can point to that
`
` 19 specifically address SDKs?
`
` 20 MR. SIEGEL: Objection. Outside the scope of
`
` 21 the deposition.
`
` 22 I understand this deposition to be about the
`
` 23 supplemental declaration of Dr. Houh, and so are
`
` 24 you referring only to prior declarations?
`
` 25 So we need to be clear on the record that --
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`Henry H. Houh, PhD
`
`13
`
` 1 MR. ROBINSON: I note your objection.
`
` 2 MR. SIEGEL: Well, if you don't move on, we
`
` 3 might have to call the board.
`
` 4 MR. ROBINSON: Okay.
`
` 5 A. If you look at paragraph 75 on page 32, it says
`
` 6 "Lahti describes using code provided by a server
`
` 7 executed on a client device to capture video in
`
` 8 accordance with certain constraints provided by
`
` 9 the server," and it's referring to capture video,
`
` 10 which is recording video, and it's talking about
`
` 11 Lahti; and the Lahti reference itself if you look
`
` 12 at it says that "Video recording is relatively
`
` 13 straightforward to implement with vendor-provided
`
` 14 SDKs."
`
` 15 BY MR. ROBINSON:
`
` 16 Q. Are SDKs provided to a phone by a server?
`
` 17 MR. SIEGEL: Objection. Outside the scope.
`
` 18 A. I mean, generally speaking, an SDK is for
`
` 19 development purposes typically; and if one were
`
` 20 able to develop on a phone, I suppose it could be
`
` 21 provided, but I don't think it's -- that's not
`
` 22 what it's talking about in terms of provided by
`
` 23 the server.
`
` 24 It's that the MobiCon application -- if you
`
` 25 look at the details of the Lahti reference, it
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`Henry H. Houh, PhD
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`14
`
` 1 talks about getting the Lahti -- the MobiCon
`
` 2 application downloaded from a server.
`
` 3 Q. So I want to get clear on the record. I'm going
`
` 4 to reference some documents, Dr. Houh, that are
`
` 5 referenced in your reply declarations, but, just
`
` 6 so it's clear on the record, by referencing
`
` 7 these, I'm not waiving any objections that patent
`
` 8 owners made to their admissibility or any other
`
` 9 basis.
`
` 10 MR. ROBINSON: Are you okay with that on a
`
` 11 blanket basis?
`
` 12 MR. SIEGEL: Yeah. Understood.
`
` 13 MR. ROBINSON: Thanks.
`
` 14 BY MR. ROBINSON:
`
` 15 Q. Dr. Houh, I'm going to hand you what's been
`
` 16 marked Twitter Exhibit 1043.
`
` 17 Can you take a look at page -- actually, it
`
` 18 spans pages 1 and 2, and tell me which version of
`
` 19 Symbian the Nokia 6630 utilized.
`
` 20 A. The Nokia 6630 is listed under phones based on
`
` 21 S60 2nd Edition FP2 Symbian OS v8.0a. That's
`
` 22 where the Nokia 6630 phone is listed.
`
` 23 And I just want to also add that I looked at
`
` 24 this reference on the web last night, and this is
`
` 25 a true and accurate copy of the web page from the
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`Henry H. Houh, PhD
`
`15
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` 1 web archive.
`
` 2 Q. You didn't confirm that until last night?
`
` 3 A. No, I -- I did that in the course of preparing
`
` 4 the report, but I just --.
`
` 5 Q. I'm going to hand you what's been marked Twitter
`
` 6 Exhibit 1047.
`
` 7 I believe it's the same in both proceedings,
`
` 8 the 304 and the 506 patents.
`
` 9 What version of the Symbian OS does that
`
` 10 refer to?
`
` 11 A. This Symbian OS version is at the top on the
`
` 12 first page in light gray.
`
` 13 It says Symbian OS SDK v8.1a.
`
` 14 Q. When did you first review this document in
`
` 15 connection with these proceedings?
`
` 16 A. I think it was before -- sometime before I issued
`
` 17 my supplemental declaration.
`
` 18 Q. But after you issued your first declaration?
`
` 19 A. Yes.
`
` 20 Q. I'm going to hand you what's been marked Twitter
`
` 21 Exhibit 1048.
`
` 22 What version of the Symbian OS does this
`
` 23 refer to?
`
` 24 A. This also says at the top Symbian OS SDK v8.1a.
`
` 25 Q. Is there any difference -- first, when did you
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`Henry H. Houh, PhD
`
`16
`
` 1 first review this Exhibit 1048?
`
` 2 A. It was the same time frame as -- as the previous
`
` 3 document.
`
` 4 Q. As 1047?
`
` 5 A. Yes.
`
` 6 Q. All right. Is there any difference between 1047
`
` 7 and 1048?
`
` 8 A. The dates at the top of each page are different,
`
` 9 and the URL at the bottom of each page is
`
` 10 different.
`
` 11 Q. Otherwise, they're the same document?
`
` 12 A. I didn't compare word for word, but they appear
`
` 13 to be the same -- have the same content.
`
` 14 The pagination is certainly the same. I did
`
` 15 just look at that.
`
` 16 It appears that it's the same document, but,
`
` 17 again, I haven't done a word-for-word comparison.
`
` 18 Q. Is there a reason that you included both with
`
` 19 your declaration?
`
` 20 A. Well, one is from the web archive in 2006, date
`
` 21 stamped; so it would have shown that this
`
` 22 document was available if I -- looking at the
`
` 23 date stamp as of -- Exhibit 1048 has a date stamp
`
` 24 in the archive of September 17th, 2006, and that
`
` 25 Exhibit 1047 has a date stamp in the web archive
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`Henry H. Houh, PhD
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`17
`
` 1 of February 8th, 2008.
`
` 2 I may have intended to -- well, one thing is
`
` 3 that this document hasn't changed in that time
`
` 4 frame. SDKs generally don't.
`
` 5 I thought I had also provided other SDK
`
` 6 versions, even an earlier version and a later
`
` 7 version showing certainly that the -- the
`
` 8 functions that I referenced have not changed in
`
` 9 the SDK between the earlier versions and the
`
` 10 later versions, and so that I think I did search
`
` 11 specifically for a version -- 8.0a version, but
`
` 12 it was not archived; so I couldn't produce a
`
` 13 version of the exact Symbian level as the Nokia
`
` 14 6630 phone is listed under on that previous
`
` 15 Exhibit 1043, but certainly the SDK -- the --
`
` 16 most of the camera SDK and certainly the
`
` 17 functions that I reference in the SDK in the API,
`
` 18 they haven't changed throughout multiple versions
`
` 19 of the OS version.
`
` 20 Q. But this is the only version of the OS document
`
` 21 that you've produced with your declaration?
`
` 22 For reference, I'm referring to your reply
`
` 23 declaration. I'll hand you what's been marked
`
` 24 Exhibit 1052 for the 304 patent and, for
`
` 25 completeness, what's been marked Exhibit 1052 for
`
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`Henry H. Houh, PhD
`
`18
`
` 1 the 506 patent.
`
` 2 A. So Exhibits 1047 and 1048, I'm looking at the
`
` 3 list on page -- from page 2 through page 4 of the
`
` 4 exhibits, 1048, 1047, also 1049, by the way,
`
` 5 there's just an inadvertent omission, but those
`
` 6 are true and correct copies of those exhibits.
`
` 7 I didn't intend to represent that they were
`
` 8 not. It's just an inadvertent omission from
`
` 9 those three sections.
`
` 10 But 1047 and 1048 appear to be the only
`
` 11 Class CC Camera documents that I submitted, and
`
` 12 I -- as I state, as shown in the footer, this web
`
` 13 page was archived by the Wayback Machine at --
`
` 14 and specifically dates; there are two different
`
` 15 dates, and those were the two different dates
`
` 16 that I was talking about earlier.
`
` 17 Q. So both 1047 and 1048 you've testified relate to
`
` 18 version 8.1.
`
` 19 Just to be clear, you've not submitted a
`
` 20 version of this document that corresponds to
`
` 21 Symbian OS version 7.0?
`
` 22 A. I have looked at I believe other versions. I
`
` 23 don't remember exactly a number. I think quite
`
` 24 possibly 7.0.
`
` 25 I believe some of them may have been used in
`
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`Henry H. Houh, PhD
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`19
`
` 1 the Olivier deposition, but I did look at them;
`
` 2 and I looked at later versions. I believe I
`
` 3 looked at a 9 version and also descriptions of a
`
` 4 9.x version in a book.
`
` 5 They were all -- with respect to these API
`
` 6 functions that I referred to, they were all --
`
` 7 actually mostly identical.
`
` 8 I believe an extra API function was added
`
` 9 in -- after the earliest one I looked at.
`
` 10 But it did not affect my analysis; and
`
` 11 certainly the ones that I talked about in my
`
` 12 analysis, they didn't change through all those
`
` 13 operating system levels, which is not surprising.
`
` 14 Q. But the documents on which you base those
`
` 15 statements are not submitted in this reading; are
`
` 16 they?
`
` 17 A. If you look at paragraph 14, in the middle of
`
` 18 paragraph 14 it says "I have reviewed the APIs
`
` 19 for accessing the video recordings functions in
`
` 20 versions 7.0, 8.1, and 9.1 of the Symbian OS, as
`
` 21 well as descriptions of the video recording API
`
` 22 for version 9.1 from publicly available books,"
`
` 23 and then it goes on.
`
` 24 I'll go to the next sentence. "All of these
`
` 25 versions of the Symbian OS had been released by
`
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`Henry H. Houh, PhD
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`20
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` 1 2006." I provided citation to that Exhibit 1043
`
` 2 which you handed me, listing those versions and
`
` 3 the date at the bottom of that, which is February
`
` 4 9, 2006.
`
` 5 "In order for a developer to create an
`
` 6 application which records video, the developer
`
` 7 uses the EnumerateVideoFrameRates and
`
` 8 EnumerateVideoFrameSizes API functions to read
`
` 9 the capabilities of the underlying camera. Prior
`
` 10 to starting to record video, the developer must
`
` 11 use the PreparedVideoCaptureL API function" --
`
` 12 and I provide a citation to Exhibits 1047 and
`
` 13 1048 -- "to specify both a frame size and a frame
`
` 14 rate at which to record. There are no default
`
` 15 values for the frame rate or the frame size.
`
` 16 After the video camera is prepared in such a
`
` 17 fashion, the video capture can be started using
`
` 18 the StartVideoCapture API function."
`
` 19 And, again, in the versions that I reviewed,
`
` 20 7.0, 8.1, and 9.1, for which I could find the
`
` 21 specific documentations, they -- they all behaved
`
` 22 the same way. This analysis applies to all those
`
` 23 versions.
`
` 24 Q. Okay. I'll ask my question again.
`
` 25 Version 7.1 has not been submitted in either
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`Henry H. Houh, PhD
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`21
`
` 1 of these proceedings; has it?
`
` 2 MR. SIEGEL: Objection to the extent it calls
`
` 3 for the witness to answer to facts to which he's
`
` 4 not aware.
`
` 5 MR. ROBINSON: I'll rephrase.
`
` 6 BY MR. ROBINSON:
`
` 7 Q. Version 7.0 was not submitted with your
`
` 8 declaration; was it?
`
` 9 A. If you're referring to the supplemental
`
` 10 declaration --
`
` 11 Q. Yes.
`
` 12 A. -- the -- the exhibits that I've listed in my
`
` 13 supplemental declaration on pages 2 through 4
`
` 14 are -- do not appear to reference a version 7.0
`
` 15 API level.
`
` 16 Q. They also do not reference -- sorry. I didn't
`
` 17 mean to interrupt.
`
` 18 They also do not reference a version 9.1;
`
` 19 correct?
`
` 20 A. They don't appear to reference a 9.1 version
`
` 21 either.
`
` 22 It appears that the only version is for
`
` 23 version 8.1a which -- which has -- bears two
`
` 24 different dates, a 2006 date and a 2008 date, and
`
` 25 it has not changed during that time.
`
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`Henry H. Houh, PhD
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`22
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` 1 People don't change API -- they certainly
`
` 2 don't do major changes to APIs in a -- often they
`
` 3 don't in a minor release, between, say, for
`
` 4 example, version 8.0a and 8.1a; and in fact I did
`
` 5 look at 7.0, 8.1, and 9.1 and confirmed that what
`
` 6 I've described in that section paragraph 14
`
` 7 behaves the same way throughout all those
`
` 8 different versions.
`
` 9 Q. And you did not review version 8.0?
`
` 10 A. I -- I think I looked for a version 8.0 version
`
` 11 of the same document, but I could not find one in
`
` 12 the web archive or I could not find one or could
`
` 13 not find one with appropriate dates. I don't
`
` 14 remember.
`
` 15 Q. And your supplemental declaration does not list
`
` 16 the book referenced in paragraph 14, "Multimedia
`
` 17 on Symbian OS Inside the Convergence Device,"
`
` 18 does it?
`
` 19 A. The exhibits don't appear to be from that book,
`
` 20 but I believe that exhibit was shown to
`
` 21 Dr. Olivier in his deposition.
`
` 22 Q. And on page 12 of your supplemental declaration,
`
` 23 the web.archive.org addresses in footnote 7 and
`
` 24 footnote 8 were not submitted as exhibits to your
`
` 25 supplemental declaration; were they?
`
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`Henry H. Houh, PhD
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`23
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` 1 A. They weren't submitted. The ones that are
`
` 2 specifically called out with the full URL. There
`
` 3 are other references I believe in the documents
`
` 4 which reference URLs. If they weren't labeled
`
` 5 with an exhibit number, then I don't believe they
`
` 6 were submitted as exhibits; but they were used so
`
` 7 that whoever reads this could check for
`
` 8 themselves, and that's not part of my support for
`
` 9 the statements where I've provided these
`
` 10 citations.
`
` 11 And these web citations are throughout the
`
` 12 document; so not just that page.
`
` 13 Q. So everything listed as a web citation without an
`
` 14 exhibit number was not submitted as an exhibit?
`
` 15 A. It wasn't submitted as an exhibit, I don't
`
` 16 believe, unless I, you know, didn't catch one;
`
` 17 but those were all -- are separate web pages.
`
` 18 I believe I went to visit all -- all or most
`
` 19 of those web pages recently and reviewed and
`
` 20 those are part of my support for the statements
`
` 21 that I make.
`
` 22 So I'm trying to support the statements that
`
` 23 I've made.
`
` 24 Q. Would you please refer back to Exhibit 1047.
`
` 25 Specifically the first page of Exhibit 1047.
`
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`Henry H. Houh, PhD
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`24
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` 1 A. Oh, by the way, footnote No. 8 appears to be a
`
` 2 link to the Symbian 7.0 version of the CC camera
`
` 3 class document in 1047 and 1048.
`
` 4 And the footnote -- the web link in footnote
`
` 5 7 appears to be a pointer to a description of how
`
` 6 to use the multimedia subsystem for version 9.1.
`
` 7 Sorry. Could you repeat the question,
`
` 8 please.
`
` 9 Q. Would you please refer back to Exhibit 1047.
`
` 10 A. Okay.
`
` 11 Q. The third full sentence on the first page under
`
` 12 the heading "Description" states "An application
`
` 13 must supply an implementation of MCameraObserver2
`
` 14 or MCameraObserver."
`
` 15 Doesn't that mean that if an application does
`
` 16 not include MCameraObserver2 or MCameraObserver
`
` 17 that nothing in this document actually functions?
`
` 18 A. I -- I don't think I would draw the same
`
` 19 conclusion from your statement, but it -- this is
`
` 20 a class that provides -- the sentence above it
`
` 21 provides the interface an application uses to
`
` 22 control and acquire images from the camera.
`
` 23 Q. So what does that following sentence that I read
`
` 24 mean?
`
` 25 A. I mean, generally speaking, a lot of libraries
`
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`Henry H. Houh, PhD
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`25
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` 1 and code files often have to -- they use other
`
` 2 functionality, and so that when using one class
`
` 3 or group of functions in programming, they refer
`
` 4 to other functions which must be included when
`
` 5 compiling or linking a program; and that's the
`
` 6 step of converting the code into the -- the
`
` 7 object, which is the runtime object, and so I
`
` 8 believe that this would refer to some required
`
` 9 classes or libraries in the process of
`
` 10 compilation.
`
` 11 So I mean, I'd have to look a little more at
`
` 12 specifically what the MCameraObserver is, but --
`
` 13 but -- but this is a class for providing the
`
` 14 interface that an application uses to control and
`
` 15 acquire images from the camera, and this is
`
` 16 the -- if you look at the descriptions of how to
`
` 17 use the multimedia subsystem, for example, in
`
` 18 these other references, some of which I provided
`
` 19 links to, this is the API -- set of APIs that are
`
` 20 being discussed.
`
` 21 Q. I'm confused. Does "must supply" mean that an
`
` 22 application must use MCameraObserver2 or
`
` 23 MCameraObserver, or does it mean something
`
` 24 else?
`
` 25 A. So let me talk generally about, you know, if
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`Henry H. Houh, PhD
`
`26
`
` 1 you're writing a program, say, in C or something
`
` 2 like that, if you need to print something, you
`
` 3 know, out to the console or something like that,
`
` 4 if you just use functions like, you know, print F
`
` 5 and you try to print something or -- and you try
`
` 6 to compile it without the appropriate include --
`
` 7 what are known as include files in the

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