UNITED STATES PATENT AND TRADEMARK OFFICE
`
` ___________________
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
` DAIMLER NORTH AMERICA CORPORATION, MERCEDES-BENZ
` USA, LLC, AND MERCEDES-BENZ U.S. INTERNATIONAL
` INC.,
`
` Petitioners,
`
` vs.
`
` STRAGENT, LLC,
`
` Patent Owner.
` ________________
`
` Case IPR2017-00503 CASE IPR2017-00504
` U.S. Patent 8,566,843 U.S. Patent 8,566,843
`
` Case IPR2017-00502
` U.S. Patent 8,209,705
`
` DEPOSITION OF JEFFREY A. MILLER, Ph.D.
`
`Wednesday, June 20, 2018
` 740 North Garey Avenue
`Pomona, California 91767
`
` PARK AVENUE DEPOSITION SERVICE
`REPORTED BY: 740 NORTH GAREY AVENUE
`Serena Wong POMONA, CA 91767
`CSR #10250, RPR, CCRR #200 (800) 447-3376
`
`
`
`Page 1 of 150
`
`BMW EXHIBIT 1026
`BMW v. STRAGENT
`IPR2017-01521
`
`
`
` ___________________
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
` DAIMLER NORTH AMERICA CORPORATION, MERCEDES-BENZ
` USA, LLC, AND MERCEDES-BENZ U.S. INTERNATIONAL
` INC.,
`
` Petitioners,
`
` vs.
`
` STRAGENT, LLC,
`
` Patent Owner.
` ________________
`
` Case IPR2017-00503 CASE IPR2017-00504
` U.S. Patent 8,566,843 U.S. Patent 8,566,843
`
` Case IPR2017-00502
` U.S. Patent 8,209,705
`
` DEPOSITION OF JEFFREY A. MILLER, Ph.D.
`
`Wednesday, June 20, 2018
` 740 North Garey Avenue
`Pomona, California 91767
`
` PARK AVENUE DEPOSITION SERVICE
`REPORTED BY: 740 NORTH GAREY AVENUE
`Serena Wong POMONA, CA 91767
`CSR #10250, RPR, CCRR #200 (800) 447-3376
`
`
`
`Page 1 of 150
`
`BMW EXHIBIT 1026
`BMW v. STRAGENT
`IPR2017-01521
`
`
`
`APEARANCES:
`
`
`For the Petitioners:
`
`QUINN, EMANUEL, URQUHART & SULLIVAN, LLP
`BY: JAMES M. GLASS, ESQ.
`51 Madison Avenue
`22nd Floor
`New York, New York 10010
`212.849.7000
` jimglass@quinnemanuel.com
`
`For the Patent Owner and Dr. Miller:
`
`O'KELLY & ERNST, LLC
`BY: GEORGE PAZUNIAK, ESQ.
`901 North Market Street
`Suite 1000
`Wilmington, Delaware 19801
`302.778.4000
`gpazuniak@oeblegal.com
`
`
`
`Also Present:
`
` Sean D. Damon, Finnegan
`
` Lionel M. Lavenue, Finnegan
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` INDEX
`
`WITNESS: Jeffrey A. Miller, Ph.D.
`
`EXAMINATION
`
` PAGE
`
`Mr. Glass 5, 144
`
`Mr. Pazuniak 139
`
`
` INDEX TO EXHIBITS
`
`EXHIBITS
`
` MARKED
`
`Exhibit 1 Curriculum Vitae of Jeffrey A. 9
` Miller, Ph.D.
`
`Exhibit 2 Declaration of Jeffrey A. Miller 10
` In Case IPR2017-01502, Patent
` 8,209,705
`
`Exhibit 3 Declaration of Jeffrey A. Miller 10
` In Case IPR2017-01503, Patent
` 8,566,843
`
`Exhibit 4 Declaration of Jeffrey A. Miller 10
` In Case IPR2017-01504, Patent
` 8,566,843
`
`Exhibit 5 Declaration of Jeffrey A. Miller 36
` In Case IPR2017-00457, Patent
` 8,566,843
`
`Exhibit 6 United States Patent 8,566,843 67
` Fuchs, et al.
`
`Exhibit 7 United States Patent 6,141,710 70
` Miesterfeld
`
`Exhibit 8 Microsoft Press Computer 71
` Dictionary, Third Edition
`
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`EXHIBITS
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` INDEX TO EXHIBITS
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` MARKED
`
`Exhibit 9 Algorithms and Architectures 92
` for Real-Time Control 2000
`
`Exhibit 10 IROS '92, Volume 1, Intelligent 105
` Robots and Systems, July 7 - 10
` 1992
`
`Exhibit 11 United States Patent 8,209,705 136
` Fuchs, et al.
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` POMONA, JUNE 20, 2018, 9:06 A.M.
`
` LOS ANGELES, CALIFORNIA
`
` JEFFREY A. MILLER, Ph.D.,
`
`was called as a witness, and having been first
`
`duly sworn, was examined and testified as
`
`follows:
`
`BY MR. GLASS:
`
`EXAMINATION
`
`Q
`
`A
`
`Q
`
`please?
`
`A
`
`Q
`
`Good morning.
`
`Hello.
`
`Can you state your name for the record,
`
`Jeffrey Miller.
`
`And how should I refer to you today?
`
`Dr. Miller?
`
`A
`
`That's fine.
`
`MR. PAZUNIAK: I'm sorry. Before we start,
`
`can we identify who's present in the room here?
`
`MR. GLASS: Sure.
`
`MR. PAZUNIAK: For the record.
`
`MR. GLASS: So for the record, counsel for
`
`Petitioner Daimler, Jim Glass from Quinn, Emanuel.
`
`We also have in the room --
`
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`MR. DAMON: Sean Damon, Finnegan.
`
`MR. LAVENUE: Lionel Lavenue from Finnegan
`
`for BMW.
`
`MR. PAZUNIAK: All right. George Pazuniak
`
`for the plaintiff and Stragent.
`
`Q
`
`BY MR. GLASS: Now, you've been deposed
`
`before, Dr. Miller?
`
`A
`
`Q
`
`Yes.
`
`How many times have you been deposed
`
`before?
`
`
`
`A
`
`Q
`
`Three times.
`
`And once before in the -- I'll refer to the
`
`'457 and '458 petitions. You understand what I'm
`
`talking about?
`
`A
`
`Q
`
`Yes.
`
`You were deposed in the two cases today
`
`back in December?
`
`A
`
`Q
`
`Yes, deposed twice on those.
`
`So we have an agreement today that we can
`
`use that testimony in this case. So I'm going to do
`
`my best not to cover ground that we talked about in
`
`that deposition. I'm not perfect. There may be some
`
`overlap, but I'll do my best.
`
`Now, you understand you're under oath
`
`today?
`
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`A
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`Q
`
`Yes.
`
`And you understand that you are being
`
`cross-examined today on your direct testimony, which
`
`was given in your declarations submitted in these
`
`cases?
`
`A
`
`Q
`
`Yes.
`
`And just for identification purposes,
`
`you're testifying today in IPR cases 01502, 01503,
`
`01504. It's not a memory test.
`
`Is that your understanding?
`
`A
`
`I don't recall exactly, but that's probably
`
`true.
`
`Q
`
`When we get your declarations in front of
`
`you, if I made a mistake, you can tell me.
`
`A
`
`Q
`
`Okay.
`
`So you've been deposed before. I don't
`
`need to go through all the ground rules. You
`
`understand we have a court reporter here taking down
`
`your testimony stenographically?
`
`A
`
`Q
`
`Yes.
`
`I ask that you give answers audibly. Don't
`
`shrug, yes, no, especially since we don't have a
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`videographer today.
`
`It's not a marathon. One thing I ask, if
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`there's a pending question, answer my question first.
`
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`If we need to take a break, we'll take a break after
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`that.
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`A
`
`Q
`
`So you understand all of that?
`
`Yes.
`
`Now, in preparation for today's deposition,
`
`can you tell me what you did?
`
`A
`
`Sure. I reviewed my declarations, and I
`
`met with counsel yesterday on my way home from work,
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`and then we met for coffee this morning, as well.
`
`Q
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`A
`
`Q
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`A
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`Q
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`A
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`Q
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`A
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`Q
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`Who specifically did you meet with?
`
`Mr. Pazuniak.
`
`How long did you meet with counsel?
`
`Yesterday, couple hours.
`
`Was anyone else present?
`
`No.
`
`You met with counsel this morning, as well?
`
`Yeah.
`
`And for how long did you meet,
`
`approximately?
`
`A
`
`Q
`
`Half hour.
`
`And, again, it was the same -- was it the
`
`same counsel?
`
`A
`
`Q
`
`A
`
`Yes.
`
`No one else was present?
`
`No one else was present.
`
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`Q
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`Now, is it your understanding -- do you
`
`have any understanding one way or the other that
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`Stragent and Daimler are involved in a district court
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`litigation?
`
`A
`
`Q
`
`Yes.
`
`Do you have any intent today to testify in
`
`any way in that litigation?
`
`A
`
`Q
`
`A
`
`Q
`
`I'm not sure.
`
`Have you been asked to testify?
`
`No.
`
`At the risk of covering some of the
`
`material, let's mark as Exhibit 1 a copy of what I
`
`hope is your CV.
`
`
`
` (Exhibit 1 was marked.)
`
`Q
`
`BY MR. GLASS: I'm not going to walk
`
`through this because I know we did it at the last
`
`deposition.
`
`Is this Exhibit 1 accurate as of today?
`
`A
`
`Without looking through all 40 pages, it
`
`seems to be.
`
`Q
`
`So since December -- well, actually, where
`
`are you currently employed?
`
`The University of Southern California.
`
`And in what capacity are you employed
`
`A
`
`Q
`
`there?
`
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`A
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`I'm on the faculty in the Computer Science
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`Department.
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`And what is your title?
`
`Associate professor of engineering
`
`Q
`
`A
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`practice.
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`Q
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`And that was the same title you had back in
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`December?
`
`A
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`Q
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`Yes.
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`So no changes since December.
`
`Any other employment since December? Have
`
`you taken on any other positions?
`
`A
`
`Q
`
`No.
`
`So let's just into -- I'm going to mark --
`
`may as well get this over with. I'll mark three
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`exhibits. We'll mark as Exhibit 2 your declaration
`
`in the 502 petition; Exhibit 3, your declaration in
`
`the 503 petition; Exhibit 4, your declaration in the
`
`504 petition.
`
`
`
` (Exhibit 2, 3, and 4 were marked.)
`
`Q
`
`BY MR. GLASS: Now, I'd ask you to -- we're
`
`going to spend some time on Exhibits 2, 3, 4 today.
`
`I'd ask that you take a look through those and just
`
`tell me if you recognize those.
`
`A
`
`They appear to be the declarations that
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`were submitted for these IPRs.
`
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`Q
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`And at the back of each of them, the last
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`page, that's your signature on each of them?
`
`A
`
`Q
`
`Yes.
`
`Now, generally, before I jump into the
`
`substance, generally can you tell me the process by
`
`which these declarations were prepared?
`
`A
`
`Q
`
`Can you clarify that a bit for me?
`
`When did you first start working on these
`
`declarations?
`
`A
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`I don't recall exactly. I mean, there's a
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`lot of, you know, background work and research that
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`has gone into this. I don't know if you're asking,
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`like, more generally my education that resulted in
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`being able to come up with this. I mean, that's
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`probably been a few decades.
`
`Q
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`No. I'm asking about working on the
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`declarations specifically. You haven't been
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`preparing for this case your whole life?
`
`A
`
`Q
`
`I don't know. That's maybe argumentative.
`
`Let's just put a fine point on this thing.
`
`When did you start working on -- when did the
`
`drafting process for these declarations start?
`
`A
`
`I don't recall exactly, but probably -- I
`
`don't know -- a few weeks or so before they were
`
`filed.
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`Q
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`So filed and marked. So sometime in
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`February or so?
`
`A
`
`Q
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`My signature was March 12.
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`So roughly end of February?
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`MR. PAZUNIAK: Objection.
`
`THE WITNESS: Probably sometime in
`
`February. Like I said, I don't recall an exact date.
`
`Q
`
`BY MR. GLASS: To be fair, I'm not looking
`
`for an exact date.
`
`And was the first -- can you tell me the
`
`process by which the first draft of these
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`declarations were prepared?
`
`A
`
`So I read over the -- I don't know what
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`it's called -- the complaint or whatever that was
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`submitted from the other side, the expert declaration
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`from the other side; and then put together my
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`thoughts and comments and kind of a draft, sent that
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`back to the attorneys who formatted it and sent it
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`back to me for review. And we kind of went back and
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`forth until ultimately everything looked good. I
`
`agreed with everything, and then I signed it.
`
`Q
`
`So you didn't -- and this is no surprise
`
`because these same questions were asked at your
`
`December deposition, but you didn't type every word
`
`in these declarations. Is that fair?
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`A
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`Well, the substance behind it, the content
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`of it is all mine. The specific formatting of it,
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`no, I didn't format it in that way.
`
`Q
`
`The words -- a lot of these words were not
`
`yours. Is that fair?
`
`A
`
`Q
`
`I wouldn't agree with that statement.
`
`You didn't type the first draft of the
`
`declarations. Is that fair?
`
`A
`
`I wouldn't agree with that statement
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`either.
`
`Q
`
`Why wouldn't -- what in particular do you
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`disagree with?
`
`A
`
`Q
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`Well, I provided the first draft.
`
`I'm sorry. Maybe I misunderstood your
`
`testimony. Correct me if I'm wrong. I thought you
`
`said you provided your thoughts initially; is that
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`correct?
`
`A
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`Well, I wrote it all up. I mean, maybe the
`
`definition of "draft" is what we're confused on here.
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`So I wrote up my response, my thoughts, what my
`
`opinions were, sent that to the attorneys who then
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`formatted it and --
`
`Q
`
`A
`
`What do you mean by "formatted"?
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`Well, I don't -- I don't write in this type
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`of a format, the subheadings, the numbers on the
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`paragraphs, you know, the spacing that there is here
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`and all of that.
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`Q
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`Well, I mean, for example, what about the
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`language? Is every word in this petition yours?
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`A
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`So I have reviewed everything in here and
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`agreed with all of the words that are in there. The
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`attorneys maybe changed words so that it was more
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`clear. Yeah, provided some clarifications. But
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`everything that happened ultimately came back to me
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`and I reviewed and approved.
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`Q
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`So you agree, then, you didn't type in
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`every single word in this declaration; right?
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`A
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`I didn't physically type the declaration,
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`if that's what you're asking.
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`Q
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`That's the first part. You didn't come up
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`with every word that's in this declaration. Every
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`word in this declaration didn't originate with you.
`
`Is that fair?
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`A
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`Well, I don't understand what exactly
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`you're asking here. I signed the declaration. And
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`on the signature page, "I hereby declare that all the
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`statements made in this declaration are of my own
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`knowledge and true; that all statements made on
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`information and belief are believed to be true; and
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`further that these statements were made with the
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`knowledge that willful false statements and the like
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`so made are punishable by fine or imprisonment or
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`both under 18 USC, Section 1001. The contents of
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`this declaration are true under penalty of perjury of
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`the laws of the United States." So I agree with
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`everything that is in here, I reviewed it, and I
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`signed my name to it.
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`Q
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`My question is a little simpler. I'll take
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`that as a given that you reviewed, agreed, and you
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`approved everything in here. You didn't come up with
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`every single word that's in these declarations;
`
`correct?
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`A
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`I don't know how I can answer differently
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`or better than I already have. So I told you the
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`process.
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`Q
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`For example, look at Exhibit 4, paragraph
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`16. Who wrote that paragraph? And I'm asking
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`because that seems to be a very legalese paragraph.
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`Did you come up with that?
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`What was your question?
`
`You wrote that paragraph? Paragraph 16?
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`So I formed the foundation for that. And
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`A
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`Q
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`A
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`then upon sending the foundation to the attorneys,
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`then they would send it back after they wordsmith it,
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`clarify, and so on.
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`Q
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`So you didn't write every word of paragraph
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`16. That's all I'm getting at; right?
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`A
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`Q
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`A
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`Q
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`Okay.
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`You agree?
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`Sure.
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`And would it surprise you if I told that
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`you if you compared your declaration to the patent
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`owner response, with some minor variations they are
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`almost identical.
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`Would that surprise you?
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`I have no idea.
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`I'm asking for your reaction. Would that
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`A
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`Q
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`surprise you?
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`A
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`I don't believe I've ever actually seen the
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`patent owner response, so I don't have a feeling one
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`way or another, honestly. I want to walk through
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`some of your claim analyses. Let's set a foundation
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`first.
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`In Exhibits 2, 3, and 4, you have a section
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`on claim construction; correct?
`
`A
`
`Q
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`Yes.
`
`I'm going to focus on Exhibit 4 for today.
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`At least in Exhibits 3 and 4, the claim construction
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`sections, as far as I can, are identical; right?
`
`A
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`I don't recall. I can compare them, if you
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`would like.
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`Q
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`To the extent -- I'm not trying to trick
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`you on that question.
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`To the extent that there's overlap, you
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`didn't intend to have different claim constructions
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`for Exhibit 3 versus Exhibit 4; is that right?
`
`A
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`Q
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`That's true.
`
`So I want to walk through some of your
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`claim constructions and some of the processes you
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`used that arrived in the claim constructions. Now,
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`in this case, in Exhibit 4, you were asked to
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`construe certain claims; correct?
`
`A
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`Q
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`Yes.
`
`Now, let's start off with -- give me one
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`second. Let's start off with claim 27 -- I'm sorry
`
`-- paragraph 27 and paragraph 28. And in particular,
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`focusing on paragraph 28, you say, "The words 'the
`
`information' clearly refer to information previously
`
`identified in the claims."
`
`Do you see that?
`
`Yes.
`
`Why do you say, "'The information' refers
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`A
`
`Q
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`to information previously identified in the claims"?
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`A
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`So in the patent, as you see in paragraph
`
`27, it says, "Wherein the apparatus is operable such
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`that the information is capable of being shared in
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`real-time" and so on. And I thought that it was an
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`important distinction that the word the was used
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`there which was referring to the information that was
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`previously defined.
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`Q
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`So in your opinion, then, the information
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`in the limitation 51i, is the same information c and
`
`h?
`
`A
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`Q
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`Yeah.
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`If you look in 51h, if you could read that
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`limitation, "In the event storage resource is
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`available, storing the information utilizing the
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`storage resource."
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`A
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`Q
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`Yeah.
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`Now, if the storage resource is not
`
`available, is the information stored?
`
`A
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`Well, that doesn't deal with 51h. 51h is
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`talking about it is available. We would need to look
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`at a different claim if you want to talk about if
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`it's not available.
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`Q
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`So is it your opinion, then, that in 51h,
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`if the storage resource is not available, the
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`information is stored?
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`A
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`It doesn't explain anything about the
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`storage resource not being available. The premise is
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`the storage resource is available. So it says
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`nothing if it's not. So I don't believe 51h is not
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`saying anything at all if it's not available.
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`Q
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`51h does not deal in any way with storage
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`resources that are not available. Is that fair?
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`A
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`51h, you just read, "In the event the
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`storage resource is available, storing the
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`information utilizing the storage resource." So it
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`doesn't say anything.
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`Q
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`So it doesn't say anything about storage
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`resources that are not available. Is that your
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`testimony?
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`A
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`As I said, I can read it again. It doesn't
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`say anything about it not being available.
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`Q
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`Your opinion, your interpretation of that
`
`claim is that it doesn't relate in any way to stored
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`resources that are not available?
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`MR. PAZUNIAK: Objection.
`
`THE WITNESS: I don't know how else you
`
`want me to answer that question.
`
`MR. GLASS: Do you agree with my statement
`
`or no?
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`MR. PAZUNIAK: Objection.
`
`THE WITNESS: Well, as I said, I've
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`answered your question. 51h doesn't say anything
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`about the storage resource not being available. It
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`says, "In the event the storage resource is
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`available."
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`Q
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`BY MR. GLASS: So it doesn't read on any
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`systems where storage resource would not be
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`available. Is that fair?
`
`MR. PAZUNIAK: Objection.
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`THE WITNESS: I mean, this is explained in
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`other claims. In 51h, it's only dealing with the
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`storage resource being available.
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`Q
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`BY MR. GLASS: So let's back up and focus
`
`on my question. 51h, this claim, doesn't relate to a
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`situation where the storage resource is not
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`available. That's your testimony?
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`MR. PAZUNIAK: Objection.
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`THE WITNESS: No. I gave you my testimony.
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`You can read my testimony. I feel like you're
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`rephrasing it in a specific way.
`
`Q
`
`BY MR. GLASS: Let me ask it maybe a
`
`different way and put a finer point on it.
`
`Does 51h deal with the situation in any way
`
`where the storage resource is not available?
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`MR. PAZUNIAK: Objection.
`
`THE WITNESS: So 51h says, "In the event
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`the storage resource is available, storing the
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`information utilizing the storage resource." I don't
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`know how much clearer I can be in answering the
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`question.
`
`Q
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`BY MR. GLASS: So you can't answer my
`
`question with A "yes" or "no" answer?
`
`A
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`Q
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`I've answered.
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`You can only answer by reading the claim
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`limitation?
`
`A
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`I've answered your question. I don't --
`
`you want me to answer in a certain way, but I'm
`
`answering your question.
`
`Q
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`If a prior art system had a storage
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`resource, and every other claim limitation had a
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`storage resource that wasn't available, would that
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`meet claim 51h?
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`MR. PAZUNIAK: Objection. Hypothetical.
`
`THE WITNESS: That's a very vague question.
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`I don't know if I can even answer that question
`
`because we're looking at one small phrase out of an
`
`entire list of claims here. And then you're
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`generalizing this to entire pieces of prior art.
`
`Q
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`BY MR. GLASS: You can't answer the
`
`question?
`
`A
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`I don't feel comfortable answering what you
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`asked.
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`Q
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`If the storage resource is not available,
`
`would the information be shared?
`
`A
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`Q
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`Are we still talking about 51h?
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`I'm talking about claim 51. You understand
`
`that claim 51 also deals with sharing the
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`information?
`
`A
`
`Q
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`Yeah.
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`And it's your understanding that the
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`information in 51i is the same information in 51h;
`
`correct?
`
`A
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`Do you have a copy of the patent I can
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`refer to?
`
`Q
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`For now, let's stick to the claim. I'm
`
`going to get to the patent in a little bit.
`
`Just focusing on the words of the claim, if
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`the storage resource in 51h is not available, would
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`the information in 51i be shared?
`
`A
`
`So the reason I asked for the patent is
`
`because this is all left justified, not showing the
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`indentations and what parts are referring to others,
`
`because 51i starts with "wherein," which I believe
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`actually is going to be tabbed out to the left from
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`what 51h is.
`
`Q
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`Well, in claim -- in paragraph 28, you say
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`the information clearly refers to information
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`previously identified in the claims, i.e. the
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`information associated with a message received
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`utilizing a first network protocol, etc.
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`The information in 51i, it's your opinion
`
`-- I hope this is the question -- the information in
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`51i is the same information in 51h; right?
`
`A
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`Q
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`That's what I said in paragraph 28.
`
`So if the storage resource is not
`
`available, would the information be shared?
`
`A
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`So if we are talking about the storage
`
`resource not being available, I think we need to look
`
`at different claims.
`
`Q
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`In this particular -- you understand that
`
`claims define the boundary of an invention; correct?
`
`A
`
`Q
`
`Yeah.
`
`That's your understanding.
`
`Let me ask another question. In connection
`
`with this particular claim. I'm not asking about
`
`other claims. In your opinion on what the
`
`information is, if the storage information -- if the
`
`storage resource is not available in claim 51, would
`
`the information in 51i be shared?
`
`A
`
`So you're asking a question about 51f and
`
`g, which you're not even referring to, which is
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`talking about the storage resource not being
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`available, but you're not bringing that up. You're
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`trying to get me to focus on 51h and i, but then
`
`asking me a question that's not related to those two.
`
`Q
`
`Claim 51i states, "Wherein the apparatus is
`
`operable such that the information is capable of
`
`being shared in real-time utilizing a second network
`
`protocol associated with a second network."
`
`A
`
`Q
`
`Yes.
`
`The information is the same information
`
`that was referred to in 51h?
`
`A
`
`Q
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`Yes.
`
`If the resource available is the resource
`
`-- if the storage resource was not available, would
`
`the information in 51i be shared?
`
`MR. PAZUNIAK: Objection.
`
`THE WITNESS: So if the storage resource is
`
`not available, if we look at 51f, "and the threshold
`
`associated with the storage resource request has not
`
`been reached, issuing another storage resource
`
`request in connection with the storage resource;
`
`51g, "In the event the storage resource is not
`
`available and the threshold associated with the
`
`storage resource request has been reached, sending a
`
`notification." So if the storage resource is not
`
`available --
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`Q
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`BY MR. GLASS: Well, I think you put it
`
`better than I did. If the storage resource is not
`
`available, you never get to step 51h; is that
`
`correct? You don't get past 51?
`
`A
`
`51h is obviously dealing with the case when
`
`the storage resource is available.
`
`Q
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`Right. So if the storage resource is not
`
`available, you never get past 51g; correct?
`
`A
`
`Well, there's two conditions in 51f and
`
`g that have to be met. The storage resource not
`
`being available is one of the conditions. And in
`
`51f, the threshold associated with the storage
`
`resource request has not been reached. 51g is the
`
`threshold associated with the storage resource
`
`request has been reached.
`
`Q
`
`I'm sorry. Let me reask my question.
`
`In the event the storage resource is not
`
`available, you never get to 51h; is that correct?
`
`That's correct.
`
`So the information is never stored;
`
`A
`
`Q
`
`correct?
`
`A
`
`If the storage resource is not available,
`
`then the information is not stored at that specific
`
`moment.
`
`Q
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`The moment when the resource is not
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`available?
`
`A
`
`Q
`
`That's correct.
`
`And if the information is not stored, then
`
`the information certainly isn't shared; correct?
`
`A
`
`So to share the information, it's first
`
`stored, that's correct.
`
`Q
`
`So, hypothetically, if the storage
`
`resources never became available from now in
`
`perpetuity, the information would never be stored and
`
`the information would never be shared; correct?
`
`MR. PAZUNIAK: Objection.
`
`THE WITNESS: If the storage resource was
`
`not available, then the information wouldn't be
`
`stored, that is correct.
`
`Q
`
`BY MR. GLASS: Right. And it wouldn't be
`
`shared.
`
`A
`
`Q
`
`(No response).
`
`Right? It wouldn't be shared? Maybe I
`
`missed your answer.
`
`A
`
`Q
`
`I didn't know that was a question.
`
`And it wouldn't be shared; right? That was
`
`my question.
`
`A
`
`So the information has to be stored for it
`
`to be shared.
`
`Q
`
`Now, let's move to the next paragraph,
`
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`paragraph 29. We discuss sharing.
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`Do you see that?
`
`Yes.
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`In paragraph 29, you construed the word
`
`A
`
`Q
`
`"sharing"; right?
`
`A
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`Q
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`I defined it from the dictionary.
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`Well, claim 27 -- paragraph 27 you say,
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`"Patent Owner's counsel has asked me to construe the
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`language of limitation 51i."
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`A
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`Q
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`Yeah.
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`So in paragraph 29, you're still construing
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`the word "sharing"? You're undertaking a
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`construction?
`
`A
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`Q
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`Yeah.
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`Explain to me your process of construing
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`the word "sharing."
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`A
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`Q
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`I looked it up in the dictionary.
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`Is that your understanding of how claims
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`are construed?
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`MR. PAZUNIAK: Objection.
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`THE WITNESS: So in paragraph 26, I
`
`explained what my understanding is of claim
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`construction. And I said, "I have been advised, and
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`it is my understanding, that patent claims and
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`IPR proceedings such as this are given their broadest
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`reasonable construction in view of the patent claims,
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`specification, file history, and the understanding of
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`one having ordinary skill in the relevant art at the
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`time of the invention. In forming the constructions
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`expressed in this Declaration, I relied upon my
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`education and experience in the relevant field of the
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`art, and have considered the viewpoint of a person
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`having ordinary skill in the relevant art at the time
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`of the invention."
`
`Q
`
`BY MR. GLASS: Let me jump in. Maybe we're
`
`missing something.
`
`Why did you jump to a dictionary? Why did
`
`you go directly to a dictionary in construing the
`
`word "share"?
`
`A
`
`It seems to me it should have been given
`
`the regular ordinary meaning of the word.
`
`Q
`
`So in term of when terms should be given
`
`their ordinary meaning, when they have their ordinary
`
`meaning, you go to a dictionary.
`
`Is that your understanding?
`
`A
`
`No. I didn't say that. I said in this
`
`specific case, I felt that the term "shared" should
`
`be given the ordinary meaning of the word.
`
`Q
`
`My question, then, is why? Why in this
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`particular case? What makes you decide that in this
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`particular case sharing should be given this ordinary
`
`meaning?
`
`A
`
`Well, I was under the impression that that
`
`was what I was supposed
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