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` R. HORST - 1/26/2018
` UNITED STATES PATENT AND TRADEMARK OFFICE
` _______________
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Page 1
`
` _______________
`
` INTEL CORP., and
` CAVIUM, INC.,
` Petitioner,
`
` V.
`
` ALACRITECH, INC.,
` Patent Owner
` _______________
`
` Case IPR2017-01391
` U.S. Patent No. 7,237,036
` _______________
`
` VIDEOTAPED DEPOSITION OF
` DR. ROBERT HORST
` VOLUME 2
` JANUARY 26, 2018
` HOUSTON, TEXAS
`
`REPORTED BY: Linda Russell, CSR
`JOB NO: 136766
`
`TSG Reporting - Worldwide 877-702-9580
`
`Alacritech, Ex. 2029 Page 1
`
`

`

`Page 2
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`Page 3
`
` R. HORST - 1/26/2018
` A P P E A R A N C E S
`
`REPRESENTING THE PETITIONER:
` JUSTIN CONSTANT, ESQ.
` Weil, Gotshal & Manges
` 700 Louisiana
`
` Houston, Texas 77002
`
`REPRESENTING THE PATENT OWNER:
` SEAN LI, ESQ.
` Quinn Emanuel Urquhart & Sullivan
` 50 California Street
`
` San Francisco, California 94111
`
`THE VIDEOGRAPHER:
` ROBERT BIRDSALL
`
`Page 5
`
` R. HORST - 1/26/2018
` P-R-O-C-E-E-D-I-N-G-S
` THE VIDEOGRAPHER: This is the start
`of the deposition of Dr. Robert Horst in the case
`styled Intel Corporation and Cavium versus
`Alacritech, Incorporated, in the United States
`Patent and Trademark Office, Case Number
`IPR2017-01391.
` The deposition today is being held at
`711 Louisiana Street, Suite 500, Houston, Texas.
`Today's date is January 26th, 2018, and the time
`is approximately 9:29.
` My name is Robert Birdsall, the legal
`video specialist. The court reporter today is
`Linda Russell. We are both with TSG Worldwide
`Reporting.
` Would counsel please identify
`themselves.
` MR. LI: This is Ziyong Li of Quinn
`Emanuel for Alacritech.
` MR. CONSTANT: Justin Constant with
`Weil Gotshal & Manges representing Petitioner
`Intel Corporation.
` THE VIDEOGRAPHER: Thank you.
` Court reporter, would you please
`
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` R. HORST - 1/26/2018
`
` Friday, January 26, 2018
` 9:29 a.m.
`
` DEPOSITION OF DR. ROBERT HORST, produced
`as a witness at the instance of the Patent Owner,
`and duly sworn, was taken in the above-styled
`and numbered cause on January 26, 2018, from
`9:29 a.m. to 2:30 p.m., before Linda Russell,
`CSR, RPR, CLR in and for the State of Texas,
`reported by machine shorthand, at the offices of
`Quinn, Emanuel, 711 Louisiana Street, Suite 500,
`Houston, Texas.
`
`Page 4
`
` I N D E X
` Page
`EXAMINATION:
` BY MR. LI 6
` BY MR. CONSTANT 128
`REPORTER'S CERTIFICATION 132
`ERRATA SHEET 133
`
` EXHIBITS MARKED
`
` No. Description Page
`
` Exhibit Paper written by Robert Horst, 119
` 2300 IP Storage and the CPU
` Consumption Myth
`
` PREVIOUSLY MARKED EXHIBITS
` No. Description Page
` Exhibit Declaration of Robert Horst 6
` 1003
`
` Exhibit U.S. Patent No. 5,768,618 8
` 1005 ("Erickson")
` Exhibit Tanenbaum, Andrew S.., Computer 21
` 1006 Networks, Prentice-Hall, Inc.,
` New Jersey (1996),
` ("Tanenbaum96")
`
` Exhibit U.S. Patent No. 5,937,169 106
` 1043 ("Connery")
` Exhibit U.S. Patent No. 5,434,872 108
` 1044 ("Petersen")
`
` Exhibit PCT Application by Alacritech 11
` 1049 dated August of 1998
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`Page 6
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` R. HORST - 1/26/2018
`swear in the witness.
` DR. ROBERT HORST,
`having been first duly sworn, testified as
`follows:
` EXAMINATION
`BY MR. LI:
` Q. Good morning, Dr. Horst.
` A. Good morning.
` Q. So first I'd like to remind you, do
`you remember the instructions my colleague Brian
`Mack gave you yesterday?
` A. Yes.
` Q. Do you understand they still apply
`today?
` A. Yes.
` MR. LI: I'm going to introduce the
`next exhibit which has been pre-marked as PTAB --
`IPR2017-01406 1003.
` (Exhibit 1003, having been previously
` marked was referenced.)
` Q. Dr. Horst, do you recognize this?
` A. Yes. This is the declaration I
`submitted for Intel on the '072 patent.
` Q. Do you mind turn to paragraph 108 on
`
`Page 8
`
` R. HORST - 1/26/2018
` A. No, it was a textbook that was
`generally available.
` (Exhibit 1005, having been previously
` marked was referenced.)
` Q. Yesterday we talked about a prior art
`reference it's called Erickson; do you remember
`that?
` A. Yes.
` Q. It's been marked as Exhibit 1005.
`Can you pull that out?
` A. Yes, I have it.
` Q. Have you read this reference before?
` A. Yes.
` Q. Are you familiar with it?
` A. Yes.
` Q. Are there any portions of this
`reference cannot be understood by a college
`student majoring computer science, computer
`engineering, or electrical engineering --
` MR. CONSTANT: Objection. Form.
` Q. -- in -- back in 1997?
` A. I --
` MR. CONSTANT: Objection. Form.
`Sorry.
`
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`Page 7
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` R. HORST - 1/26/2018
`page 56.
` So paragraph 108 says, "Tanenbaum96
`is a 700-plus page textbook covering network
`hardware, software, protocols and standards." Do
`you see that?
` A. Yes.
` Q. So Tanenbaum96 is a textbook; is that
`right?
` A. Yes.
` Q. It's available to college students
`around 1997; do you agree?
` MR. CONSTANT: Objection. Form.
` A. Yes, it was available to college and
`others.
` Q. Any reason to believe it would not be
`available to college students around 1997?
` A. Not that I know of.
` Q. Any reason to believe it would only
`be available to advanced degree students?
` MR. CONSTANT: Objection. Form.
` A. No, I assume it would be available to
`all students.
` Q. Any reason to believe it would only
`be available to people with working experience?
`
`Page 9
`
` R. HORST - 1/26/2018
` A. I can't speak to what a college
`student back there would have known.
` Q. Is there any reason you believe that
`some portions of this reference cannot be
`understood by them back in 1997?
` MR. CONSTANT: Objection. Form.
` A. I -- I don't have an opinion of what
`a general college student would have known in
`those days.
` Q. Okay. Are there any portions of this
`reference can only be understood by advanced
`degree students back in 1997?
` MR. CONSTANT: Objection. Form.
` A. Again, I don't have an opinion on
`that.
` Q. Are there any portions of this
`reference can only be understood by people with
`working experience back in 1997?
` MR. CONSTANT: Objection. Form.
` A. I don't have an opinion on that.
` Q. Are there any portions of this
`reference can only be understood by people with
`five year working experience back in 1997?
` MR. CONSTANT: Objection. Form.
`
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`

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` R. HORST - 1/26/2018
` A. The five-year work experience was
`part of my understanding of someone of ordinary
`skill in the art. But the way your -- your
`question didn't include the other requirements
`that I had in the ordinary skill of the art, so I
`don't have an opinion on that.
` Q. No, that's not my question. My
`question is are there any portions of this
`reference cannot be understood -- or can only be
`understood by people with five year working
`experience?
` MR. CONSTANT: Objection. Form.
` A. I haven't --
` Q. I'm not talking about skilled person
`in the art.
` A. I haven't tried to analyze that to
`understand what they could or could not have
`understood.
` Q. Yesterday we talked about another
`reference called Alteon; do you remember that?
` A. I'm sorry, I couldn't hear you.
` Q. Yesterday we talked about another
`reference called Alteon.
` A. Yes.
`
`Page 12
`
` R. HORST - 1/26/2018
` Q. Now I'm going to introduce another
`reference pre-marked as 1049. Do you recognize
`what is it?
` A. This is the PCT Application by
`Alacritech dated August of 1998.
` Q. Have you read it before?
` A. Yes.
` Q. Are you familiar with it?
` A. Yes.
` Q. Have you used it anywhere in your
`Declaration?
` A. This report is some of the -- is one
`of the provisionals that the patents-in-suit are
`based on, so I read -- I've read this report and
`the other versions of the applications --
` MR. CONSTANT: Objection --
` A. -- and the issued patents.
` MR. CONSTANT: Objection. Form.
` Q. What do you mean by "report"? You
`just said you read the report.
` A. Oh, I read the patent application
`that you --
` Q. Okay.
` A. -- you showed me.
`
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` R. HORST - 1/26/2018
` Q. Do you remember that?
` A. Yes.
` Q. It was pre-marked as Exhibit 1033, I
`believe. Do you have it somewhere?
` A. I don't have it here.
` Q. Have you read it before?
` A. Yes.
` Q. Were you familiar with it?
` A. Yes.
` Q. Are there any portions of that
`reference cannot be understood by a college
`student back in 1997 majoring computer science,
`computer engineering, or electrical engineering?
` MR. CONSTANT: Objection. Form.
` A. Again, I -- I don't know what a
`college student would have known in that time.
` Q. Are there any portions of that
`reference cannot be -- can only be understood by
`people with working experience -- five years
`working experience?
` MR. CONSTANT: Objection. Form.
` A. Again, I can't comment on that.
` (Exhibit 1049, having been previously
` marked was referenced.)
`
`Page 13
`
` R. HORST - 1/26/2018
` Q. Okay.
` A. Yeah.
` Q. Good.
` So in what way did you use this 1049
`document in your Declaration?
` MR. CONSTANT: Counsel, I think it
`would make sense at this point to give him a copy
`of his Declaration if you're going to ask that
`question.
` MR. LI: I think he has one of the
`copies.
` MR. CONSTANT: So you're just
`referring to just the '072 Declaration?
` MR. LI: No, I'm referring to all
`Declarations.
` MR. CONSTANT: That's my point, is if
`you're going to ask him a question about whether
`or not he used it, it would make sense to give
`him the Declarations you're asking about.
` MR. LI: We can -- we can introduce
`that later.
` Q. You can answer it --
` A. I don't recall which -- which places
`I referenced this. I did eight patents in this
`
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`Page 14
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`Page 15
`
` R. HORST - 1/26/2018
`case and so I don't know which ones I used
`where -- which ones I referenced in which
`Declarations.
` Q. Are there any portions of this
`reference cannot be understood by a college
`student majoring computer science, computer
`engineering, or electrical engineering back in
`1997?
` MR. CONSTANT: Objection. Form.
` A. I have no opinion on that.
` Q. Are there any portions of this
`reference can only be understood by people with
`five years working experience back in 1997?
` MR. CONSTANT: Objection. Form.
` A. I have no opinion on that.
` Q. Let's look at the -- the Declaration
`I just introduced into the evidence pre-marked as
`1003.
` A. Yes, I have it.
` Q. Can you turn to page 18. Oh, I'm
`sorry, paragraph 18, pages 6 through 7.
` Starting from paragraph 18 on page 7,
`it says, "Here, the '072 Patent is directed to an
`apparatus and methods for network protocol
`
`Page 16
`
` R. HORST - 1/26/2018
`system.
` Q. Can you tell me which part
`particularly requires these skills and cannot be
`done by a bachelor degree student without
`industry experience?
` MR. CONSTANT: Objection. Form.
` A. In my experience, someone with just a
`bachelor's degree does not understand the
`trade-offs and the -- doesn't -- would not have
`the ability to actually design the hardware and
`the software required. So typically someone that
`comes out of school with a bachelor's degree is
`not immediately put on designing something like
`this.
` Q. You just mentioned trade-off. What
`do you mean by trade-off, what trade-off?
` MR. CONSTANT: Objection. Form.
` A. Trade-offs means at every step of a
`design you have to evaluate alternatives and
`decide which alternative is the best one to use.
` Q. So in the -- in the design of network
`protocol offload, what trade-off is involved?
` MR. CONSTANT: Objection. Form.
` A. There are trade-offs on what kind of
`
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` R. HORST - 1/26/2018
`offload." Do you see that?
` A. Yes.
` Q. Okay. And keep reads, "In my
`experience, systems such as those capable of work
`protocol" -- "of protocol offload are not
`designed by a single person but instead require a
`design team with wide ranging skills and
`experience including computer architecture,
`network design, software development and hardware
`development. Moreover, the design team typically
`would have comprised individuals with advanced
`degrees and some industry experience, or
`significant industry experience." Do you see
`that?
` A. Yes.
` Q. Why it requires so many skills and
`experience --
` MR. CONSTANT: Objection. From.
` Q. -- for network protocol offload?
` MR. CONSTANT: Objection. Form.
` A. Someone designing a system to do
`protocol offload would need to develop hardware
`and software and they would have to understand
`the protocols in order to produce a working
`
`Page 17
`
` R. HORST - 1/26/2018
`a processor to use and in what kind of -- which
`portions of the protocol to offload, all the
`things that I talked about in the background
`section of my report.
` Q. It seems you talk about a lot of
`things in the background section. For example,
`you just mentioned what processor to use. Why
`that is a trade-off?
` MR. CONSTANT: Objection. Form.
` A. The processor has a cost and you can
`put in a high performance high cost processor or
`a lower performance low cost processor. And so
`that's -- the trade-off there is trading off
`performance for cost. And without some
`experience, it's very difficult to make that
`determination.
` Q. You also mentioned about what should
`be offloaded is also a trade-off to be
`considered. Why that is a trade-off to be
`considered?
` MR. CONSTANT: Objection. Form.
` A. When more of the protocol is
`offloaded, there's more complexity in the
`software that's run on the network interface
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` R. HORST - 1/26/2018
`card, so it's -- it may be more difficult, but in
`some cases it could be higher performance. So
`there's trade-offs on the performance versus the
`complexity.
` Q. Would a bachelor degree student
`understand that?
` MR. CONSTANT: Objection. Form.
` A. A bachelor's student with no
`experience may understand that there are
`trade-offs there but would not have the
`experience to know how to make those trade-offs.
` Q. So let's take a step back. Do you
`agree that the relevant art of the '072 invention
`is network protocol offloading?
` MR. CONSTANT: Objection. Form.
` A. Yes, in this case I -- my report, I
`say that it's directed to an apparatus and
`methods for network protocol offload.
` Q. There are many kinds of network
`protocol offloading; do you agree?
` MR. CONSTANT: Objection. Form.
` A. I listed many of those in my
`background section of the report, yes.
` Q. So is it possible that there are some
`
`Page 20
`
` R. HORST - 1/26/2018
`your report that Tanenbaum talks about protocol
`offloads --
` MR. CONSTANT: Objection. Form.
` Q. -- doesn't it?
` A. Yes.
` Q. Is it possible for a, you know,
`college student majoring computer science or
`electrical engineering to implement the protocol
`offloads in Tanenbaum?
` MR. CONSTANT: Objection. Form.
` A. I didn't try to evaluate Tanenbaum by
`itself, because in my report I use a combination
`of Erickson and Tanenbaum.
` Q. That's not my question. My question
`is would it be possible for a college student
`majoring computer science or electrical
`engineering by looking at Tanenbaum and
`understanding Tanenbaum and just implementing it,
`you know, without advanced degree? Is it
`possible?
` MR. CONSTANT: Objection. Form.
` A. I didn't try to analyze Tanenbaum in
`isolation, so I don't know.
` (Exhibit 1006, having been previously
`
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` R. HORST - 1/26/2018
`simple protocol offloads that can be designed by
`people without advanced degrees or without
`industry experience?
` MR. CONSTANT: Objection. Form.
` A. My determination of who would be of
`ordinary skill in the art is directed to this
`patent, and for all the elements of this patent
`someone would need this amount of experience.
` Q. I don't think you answered my
`question. Let me repeat my question once again.
` Is it possible that there are some
`simple protocol offloads that can be designed by
`people without advanced degrees or without
`industry experience?
` MR. CONSTANT: Objection. Form.
` A. I didn't try to evaluate that, so I
`don't know.
` Q. We just talked about Tanenbaum96 and
`you said Tanenbaum96 is a textbook that's
`available to college students; you just said
`that, right?
` MR. CONSTANT: Objection. Form.
` A. Yes.
` Q. Okay. And -- and it also said in
`
`Page 21
`
` R. HORST - 1/26/2018
` marked was referenced.)
` Q. So let's look at Tanenbaum. Do you
`have Tanenbaum before you?
` A. No, I don't.
` Q. I think I just gave you a copy.
` A. Oh, here it is, yes.
` MR. CONSTANT: Counsel, I would just
`like to reiterate my objection at this point that
`this is just a small excerpt of Tanenbaum and
`that --
` MR. LI: Yes.
` Q. If you go to Tanenbaum page 570.
` A. Are you calling out the pages -- the
`Bates numbers or the pages of the report?
` Q. Oh, sorry, it's not Bates number,
`it's the page number of Tanenbaum, the book. The
`Bates number will be 1006.588.
` A. Yes, I'm there.
` Q. Do you remember we talked about this
`yesterday? At the bottom of page.
` A. Yes, I -- I recall that.
` Q. If you'll look at the bottom
`paragraph of the page, can you find the language
`"unless the protocol is exceedingly simple"?
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` A. Yes, I see it.
` Q. Is it fair to say that there are some
`simple protocols and there are some complicated,
`complex protocols?
` MR. CONSTANT: Objection. Form.
` A. There's a range of complexity in
`different protocols, yes.
` Q. Where is the line between simple
`protocols and complex protocols?
` MR. CONSTANT: Objection. Form.
`Outside of the scope.
` Dr. Horst, you can answer if you
`understand the question.
` A. There's no hard line between simple
`and complex in a protocol.
` Q. Is there a way to tell whether --
`whether a protocol is a simple protocol or not
`simple protocol?
` MR. CONSTANT: Objection. Form.
`Same objection.
` A. Are you asking about what Tanenbaum
`considered a simple protocol in this time frame?
` Q. Yes.
` A. I have no way of knowing what he --
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` R. HORST - 1/26/2018
`other parts to implement in TCP.
` Q. If you keep reading this to the next
`page, do you see the word "race conditions" or
`the phrase "race conditions"?
` A. Yes.
` Q. What means race conditions here?
` MR. CONSTANT: Objection. Form.
`Asked and answered.
` A. Race conditions are conditions
`between two communicating processes -- or
`processors where one of them modifies a variable
`and the other one gets stale data as a result.
` Q. And this paragraph in Tanenbaum says,
`"race conditions can occur, so elaborate
`protocols are needed." What is elaborate
`protocol?
` MR. CONSTANT: Objection. Form.
`Asked and answered.
` A. I'm sorry, I couldn't quite hear you.
` Q. My question is what means elaborate
`protocol here?
` MR. CONSTANT: Same objection.
` A. Tanenbaum doesn't elaborate on what
`he's talking about in terms of an elaborate
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`he called a simple protocol in that time frame.
` Q. Is it fair to say UDP protocol is
`simpler than TCP protocol?
` MR. CONSTANT: Objection. Form.
`Asked and answered.
` A. UDP is simpler than TCP, but there
`are types of offloaded TCP that -- that -- where
`only a simple part needs to be offloaded.
` Q. Let's talk about standard TCP
`protocol that is not offloaded. So that is --
`that is more complicated than UDP protocol; is
`that right?
` MR. CONSTANT: Objection. Form.
`Asked and answered.
` A. The TCP has more options and more
`capability, so it is more complex than UDP.
` Q. What options and capabilities that
`TCP protocol has but UDP protocol does not have?
` A. For instance, TCP can do retries
`where UDP doesn't do a retry.
` Q. Any other examples you can think of?
` A. There are a lot of fields called out
`in my report. You can -- you can look through
`all of the various fields of TCP and there are
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` R. HORST - 1/26/2018
`protocol here.
` Q. Is elaborate protocol a term of art
`back in 1997?
` A. There's not a single protocol that
`one would have labeled elaborate, so it's just a
`descriptive term saying that it was a protocol
`that's more complex than others, possibly.
` Q. Sitting here, do you know the
`definition of "elaborate protocol"?
` MR. CONSTANT: Objection. Form.
` A. I don't know what Tanenbaum was
`classifying under his definition of elaborate
`protocol.
` Q. Do you have your own definition for
`"elaborate protocol"?
` MR. CONSTANT: Objection. Form.
`Outside of the scope.
` Dr. Horst, I'm going to direct you
`not to answer unless counsel can point to
`somewhere in -- in the Declaration, somewhere
`where this is somewhere tied to his direct
`testimony.
` MR. LI: Right. So Tanenbaum is used
`by Dr. Horst as a reference. And -- and it shows
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` R. HORST - 1/26/2018
`or allegedly shows the state-of-the-art. And I'm
`just examining Dr. Horst to find out what is the
`level of skill of the art and the
`state-of-the-art back in 1997.
` MR. CONSTANT: With that explanation,
`I think, Dr. Horst, to the extent you understand
`the question, you can go ahead and answer.
` A. You were speaking toward your
`document and I was having a hard time --
` Q. Sorry.
` A. -- hearing you.
` Q. Sorry about that.
` A. Can you repeat the question?
` Q. Let me repeat the question. My
`question is what is your definition -- or do you
`have any definition for "elaborate protocol"?
` A. That's not a term that I would
`normally use, so I don't have my own definition.
` Q. Thank you.
` Can we go back to your Declaration,
`1003, and could you turn to paragraph 112 on
`page 58.
` Are you there?
` A. Yes.
`
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` R. HORST - 1/26/2018
`takes the data from the data buffer that's
`located in the host memory and sends that out
`through the I/O interface to eventually be sent
`across the wire.
` Q. Can the transport entity be on the
`network -- network interface card?
` MR. CONSTANT: Objection. Form.
` A. Yes, this paragraph says that the
`transport entity can be on the network interface
`card.
` Q. Other than this paragraph, have you
`found any other part of Tanenbaum showing in what
`circumstances transport entities is on the
`network interface card?
` A. This is a citation I pointed to in my
`report. I don't know if there's other citations
`or other -- others in Tanenbaum.
` Q. If you go to paragraph 114 of your
`declaration on page 59, it says, "Tanenbaum96
`goes on to describe a TCP prototype header and
`offloading protocol processing by the transport
`entity in detail." Do you see this? Do you see
`the language that I just read?
` A. Yes.
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` Q. It says, "The hardware and/or
`software" -- you know, by quoting Tanenbaum96, it
`says, "The hardware and/or software within the
`transport layer that does the work is called the
`transport entity. The transport entity can be in
`the operating system kernel, in a separate user
`process, in a library package bound into network
`applications, or on the network interface card."
` The first sentence says, "The
`hardware and/or software within the transport
`layer that does the work." So what work does
`transport entity do here?
` MR. CONSTANT: Objection. Form.
` A. The transport entity is doing the
`data transfer to or from the host.
` Q. Can you be more specific? Like what
`type of data transfer? Because when you say
`"data transfer," I would assume, you know,
`internet cable do the transfer -- data transfer
`for the host. So what is the difference between
`transfer and internet cable?
` MR. CONSTANT: Objection. Form.
` A. The transport entity takes the
`data -- for instance, in an outbound transfer
`
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` Q. What do you mean by "offloading"
`here?
` A. The offloading is the case from the
`paragraph we just read in which the transport
`entity is located on the network interface card.
` Q. Why that is an offloading?
` A. That's an offload because the data
`movement that is some -- would otherwise be done
`in the host processor is now being offloaded into
`the network interface card.
` Q. Have you seen any source code in
`Tanenbaum96 to carry out this offloading?
` MR. CONSTANT: Objection. Form.
` A. First, Tanenbaum has very little
`source code at all in it. And the offloading
`would not purely be source code, it would include
`the hardware that's implementing the protocol on
`the network interface card.
` Q. Have you seen any hardware design in
`Tanenbaum96 to carry out this offloading?
` A. In my report, I'm using the
`combination of Erickson and Tanenbaum, and I rely
`on Erickson for the hardware portion, not on
`Tanenbaum.
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` Q. I guess you didn't answer my question
`directly. My question is -- it's a very simple
`yes-or-no question -- that is, have you seen any
`hardware design in Tanenbaum96 to carry out this
`offloading?
` MR. CONSTANT: Objection. Form.
` A. Tanenbaum96 doesn't include hardware
`design for this. Instead I use Erickson's
`hardware.
` Q. Thank you.
` Is it fair to say there should be
`some software or code involved in offloading
`disclosed in Tanenbaum96?
` MR. CONSTANT: Objection. Form.
` A. I used the combination of Tanenbaum
`and Erickson and so the offloading code in my
`report are the scripts that are running on
`Erickson's processor.
` Q. Have you seen any source code or any
`kind of code or software disclosed in Tanenbaum96
`carrying out this offloading?
` MR. CONSTANT: Objection. Form.
` A. Tanenbaum96 includes the algorithms
`for TCP sends, for instance, and so those
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` MR. CONSTANT: Objection. Form.
` A. Yes, you would need some kind of
`algorithm. And I give three potential scripts
`for Erickson that would do that.
` Q. The algorithm carrying out the
`offloading can be performed in the main CPU on
`the host; is that correct?
` MR. CONSTANT: Objection. Form.
` A. In the case where the protocol isn't
`offloaded, it would be performed in the host.
` Q. So the answer is yes?
` MR. CONSTANT: Objection. Form.
`Asked and answered.
` Q. So let's move to the next question.
`What makes you believe that this paragraph of
`Tanenbaum is offloaded to a network interface
`card?
` MR. CONSTANT: Objection. Form.
` Q. Let me rephrase my question.
` Do you see the paragraph cited in
`paragraph 114 -- Tanenbaum cited in
`paragraph 114?
` A. Yes.
` Q. What makes you believe this is
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`algorithms are described in Tanenbaum.
` Q. Where is the algorithm, can you show
`it to me?
` A. I'm not sure you've given me enough
`of Tanenbaum to show you.
` Q. Okay. Does the Tanenbaum cited in
`paragraph 114 in your Declaration, does that
`paragraph show any algorithm?
` MR. CONSTANT: Objection. Form.
` A. That single paragraph shows the
`fields that need to be filled in. The
`definitions of what needs to be filled into those
`different fields is elsewhere in Tanenbaum.
` Q. So the paragraph cited in -- so the
`Tanenbaum cited in paragraph 114 does not include
`algorithm, the algorithm is somewhere else; is
`that what you said?
` MR. CONSTANT: Objection. Form.
` A. The -- the algorithms for TCP are
`elsewhere in Tanenbaum, yes.
` Q. You need software or some kind of
`code to carry out the algorithm in order to be
`performed on the -- on the hardware; is that
`fair -- is that fair to say?
`
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