Case 6:10-cv-00493-RC-JDL Document 672 Filed 05/01/13 Page 1 of 319 PageID #: 33101
`2-8-2013, Volume 5
`1566
`
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`DOCKET 6:10CV493
`
`FEBRUARY 8, 2013
`
`8:26 A.M.
`
`TYLER, TEXAS
`
`|||||||
`
`REALTIME DATA, LLC D/B/A
`IXO
`
`VS.
`
`T-MOBILE U.S.A., INC.
`
`--------------------------------------------------------
`
`VOLUME 5 OF __, PAGES 1566 THROUGH 1884
`
`REPORTER'S TRANSCRIPT OF JURY TRIAL
`
`BEFORE THE HONORABLE RON CLARK
`UNITED STATES DISTRICT JUDGE, AND A JURY
`
`--------------------------------------------------------
`
`APPEARANCES:
`
`FOR THE PLAINTIFF:
`
`MICHAEL CHARLES SMITH
`SIEBMAN, BURG, PHILLIPS & SMITH
`113 EAST AUSTIN STREET
`MARSHALL, TEXAS
`75670
`
`WAYNE O. STACY
`JAMES P. BROGAN
`CAROLYN V. JUAREZ
`MATTHEW J. LEARY
`BRITTON F. DAVIS
`BRIAN EUTERMOSER
`MARK R. SCHAFER
`PETER J. SAUER
`SARAH JOANN GUSKE
`COOLEY LLP - BROOMFIELD
`380 INTERLOCKEN CRESCENT
`SUITE 900
`BROOMFIELD, COLORADO
`
`80021
`
`THOMAS J. FRIEL, JR.
`COOLEY LLP - PALO ALTO
`3175 HANOVER STREET
`PALO ALTO, CALIFORNIA
`
`94304
`
`Christina L. Bickham, RMR, CRR
`409/654-2891
`
`1 2 3 4 5 6 7 8 9
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`10
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`Veritas Techs. LLC
`Exhibit 1015
`Page 001
`
`
`2-8-2013, Volume 5
`1566
`
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`DOCKET 6:10CV493
`
`FEBRUARY 8, 2013
`
`8:26 A.M.
`
`TYLER, TEXAS
`
`|||||||
`
`REALTIME DATA, LLC D/B/A
`IXO
`
`VS.
`
`T-MOBILE U.S.A., INC.
`
`--------------------------------------------------------
`
`VOLUME 5 OF __, PAGES 1566 THROUGH 1884
`
`REPORTER'S TRANSCRIPT OF JURY TRIAL
`
`BEFORE THE HONORABLE RON CLARK
`UNITED STATES DISTRICT JUDGE, AND A JURY
`
`--------------------------------------------------------
`
`APPEARANCES:
`
`FOR THE PLAINTIFF:
`
`MICHAEL CHARLES SMITH
`SIEBMAN, BURG, PHILLIPS & SMITH
`113 EAST AUSTIN STREET
`MARSHALL, TEXAS
`75670
`
`WAYNE O. STACY
`JAMES P. BROGAN
`CAROLYN V. JUAREZ
`MATTHEW J. LEARY
`BRITTON F. DAVIS
`BRIAN EUTERMOSER
`MARK R. SCHAFER
`PETER J. SAUER
`SARAH JOANN GUSKE
`COOLEY LLP - BROOMFIELD
`380 INTERLOCKEN CRESCENT
`SUITE 900
`BROOMFIELD, COLORADO
`
`80021
`
`THOMAS J. FRIEL, JR.
`COOLEY LLP - PALO ALTO
`3175 HANOVER STREET
`PALO ALTO, CALIFORNIA
`
`94304
`
`Christina L. Bickham, RMR, CRR
`409/654-2891
`
`1 2 3 4 5 6 7 8 9
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`10
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`25
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`Veritas Techs. LLC
`Exhibit 1015
`Page 001
`
`
`
`Case 6:10-cv-00493-RC-JDL Document 672 Filed 05/01/13 Page 2 of 319 PageID #: 33102
`2-8-2013, Volume 5
`1567
`
`FOR THE PLAINTIFF (CONTINUED):
`FRANK V. PIETRANTONIO
`COOLEY LLP - RESTON
`11951 FREEDOM DRIVE
`RESTON, VIRGINIA
`20190
`
`FOR THE DEFENDANT:
`
`JOSH KREVITT
`DANIEL J. THOMASCH
`R. SCOTT ROE
`GIBSON DUNN - NEW YORK
`200 PARK AVENUE, 47TH FLOOR
`NEW YORK, NEW YORK
`10166
`
`WILLIAM B. DAWSON
`TRACEY B. DAVIES
`ROBERT A. VINCENT
`MANDY PEZZANO
`MICHAEL A. VALEK
`GIBSON DUNN - DALLAS
`2100 MCKINNEY AVENUE, SUITE 1100
`DALLAS, TEXAS
`75201
`
`FREDERICK S. CHUNG
`SHAWN LIU
`GIBSON DUNN - PALO ALTO
`1881 PAGE MILL ROAD
`PALO ALTO, CALIFORNIA
`
`94304
`
`SPENCER W. RIRIE
`VIVEK NARAYANADAS
`GIBSON DUNN - IRVINE
`3161 MICHELSON DRIVE
`IRVINE, CALIFORNIA
`
`92612
`
`J. THAD HEARTFIELD
`THE HEARTFIELD LAW FIRM
`2195 DOWLEN ROAD
`BEAUMONT, TEXAS
`
`77706
`
`COURT REPORTER:
`
`CHRISTINA L. BICKHAM, CRR, RMR
`FEDERAL OFFICIAL REPORTER
`300 WILLOW, SUITE 221
`BEAUMONT, TEXAS
`77701
`
`PROCEEDINGS REPORTED USING COMPUTERIZED STENOTYPE;
`TRANSCRIPT PRODUCED VIA COMPUTER-AIDED TRANSCRIPTION.
`
`Christina L. Bickham, RMR, CRR
`409/654-2891
`
`1 2 3 4 5 6 7 8 9
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`10
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`11
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`12
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`13
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`14
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`15
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`17
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`19
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`23
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`24
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`25
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`Veritas Techs. LLC
`Exhibit 1015
`Page 002
`
`
`
`Case 6:10-cv-00493-RC-JDL Document 672 Filed 05/01/13 Page 3 of 319 PageID #: 33103
`2-8-2013, Volume 5
`1568
`
`INDEX
`
`CONTINUED DIRECT EXAMINATION OF DANIEL BERG
`
`CROSS-EXAMINATION OF DANIEL BERG
`
`REDIRECT EXAMINATION OF DANIEL BERG
`
`DIRECT EXAMINATION OF CLIFF READER
`
`CROSS-EXAMINATION OF CLIFF READER
`
`DEFENDANT RESTS
`
`PAGE
`
`1571
`
`1573
`
`1601
`
`1603
`
`1688
`
`1701
`
`DIRECT EXAMINATION OF KENNETH ZEGER -REBUTTAL
`
`1702
`
`PLAINTIFF'S JMOL
`
`CROSS-EXAMINATION OF KENNETH ZEGER
`
`REDIRECT EXAMINATION OF KENNETH ZEGER
`
`PLAINTIFF RESTS
`
`DEFENSE RESTS AND CLOSES
`
`PLAINTIFF RESTS AND CLOSES
`
`COURT REPORTER'S CERTIFICATION
`
`1729
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`1795
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`1835
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`1836
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`1836
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`1836
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`1845
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`1 2 3 4 5 6 7 8 9
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`10
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`11
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`12
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`13
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`14
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`16
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`17
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`18
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`19
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`20
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`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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`Christina L. Bickham, RMR, CRR
`409/654-2891
`
`Veritas Techs. LLC
`Exhibit 1015
`Page 003
`
`
`
`Case 6:10-cv-00493-RC-JDL Document 672 Filed 05/01/13 Page 4 of 319 PageID #: 33104
`2-8-2013, Volume 5
`1569
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`1580
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`1582
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`1588
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`1589
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`1591
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`1593
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`1596
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`1601
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`1650
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`1650
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`1650
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`1815
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`1815
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`1821
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`1824
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`1826
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`1827
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`1828
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`1828
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`1613
`
`1613
`
`INDEX OF EXHIBITS
`
`Plaintiff's Exhibit 38
`
`Plaintiff's Exhibit 38
`
`Plaintiff's Exhibit 59
`
`Plaintiff's Exhibit 59
`
`Plaintiff's Exhibit 59
`
`Plaintiff's Exhibit 59
`
`Plaintiff's Exhibit 221
`
`Plaintiff's Exhibit 38
`
`Plaintiff's Exhibit 113
`
`Plaintiff's Exhibit 113
`
`Plaintiff's Exhibit 113
`
`Plaintiff's Exhibit 18
`
`Plaintiff's Exhibit 18
`
`Plaintiff's Exhibit 17
`
`Plaintiff's Exhibit 184
`
`Plaintiff's Exhibit 18
`
`Plaintiff's Exhibit 18
`
`Plaintiff's Exhibit 17
`
`Plaintiff's Exhibit 17
`
`Defendant's Exhibit 8
`
`Defendant's Exhibit 5
`
`1 2 3 4 5 6 7 8 9
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`10
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`11
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`12
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`13
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`14
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`15
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`16
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`17
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`18
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`19
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`20
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`21
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`22
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`23
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`24
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`25
`
`Christina L. Bickham, RMR, CRR
`409/654-2891
`
`Veritas Techs. LLC
`Exhibit 1015
`Page 004
`
`
`
`Case 6:10-cv-00493-RC-JDL Document 672 Filed 05/01/13 Page 5 of 319 PageID #: 33105
`2-8-2013, Volume 5
`1570
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`1615
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`1616
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`1624
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`1629
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`1629
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`1630
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`1639
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`1647
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`1658
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`1777
`
`1786
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`1795
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`1802
`
`1803
`
`1804
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`1804
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`1831
`
`1831
`
`1832
`
`1832
`
`Defendant's Exhibit 22
`
`Defendant's Exhibit 22
`
`Defendant's Exhibit 20
`
`Defendant's Exhibit 15
`
`Defendant's Exhibit 14
`
`Defendant's Exhibit 14
`
`Defendant's Exhibit 16
`
`Defendant's Exhibit 19
`
`Defendant's Exhibit 21
`
`Defendant's Exhibit 16
`
`Defendant's Exhibit 21
`
`Defendant's Exhibit 22
`
`Defendant's Exhibit 22
`
`Defendant's Exhibit 22
`
`Defendant's Exhibit 8
`
`Defendant's Exhibit 8
`
`Defendant's Exhibit 1
`
`Defendant's Exhibit 1
`
`Defendant's Exhibit 5
`
`Defendant's Exhibit 8
`
`1 2 3 4 5 6 7 8 9
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`10
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`11
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`12
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`13
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`14
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`15
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`16
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`17
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`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`Christina L. Bickham, RMR, CRR
`409/654-2891
`
`Veritas Techs. LLC
`Exhibit 1015
`Page 005
`
`
`
`Case 6:10-cv-00493-RC-JDL Document 672 Filed 05/01/13 Page 6 of 319 PageID #: 33106
`2-8-2013, Volume 5
`1571
`(REPORTER'S NOTES REALTIME DATA VS T-MOBILE,
`
`1 2 3 4 5 6 7 8 9
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`VOLUME 5, 8:26 A.M., FRIDAY, FEBRUARY 8, 2013, TYLER,
`
`TEXAS, HON. RON CLARK PRESIDING.)
`
`(Open court, all parties present, jury
`
`present.)
`
`THE COURT:
`
`Welcome back, ladies and
`
`gentlemen.
`
`We will continue on with the questioning of
`
`the witness.
`
`Go ahead, please, Ms. Davies.
`
`MS. DAVIES:
`
`Thank you, your Honor.
`
`May it
`
`please the court?
`
`THE COURT:
`
`Counsel.
`
`CONTINUED DIRECT EXAMINATION OF DANIEL BERG
`
`CALLED ON BEHALF OF THE DEFENDANT
`
`BY MS. DAVIES:
`
`Q.
`
`A.
`
`Q.
`
`Mr. Berg, welcome back.
`
`Thank you.
`
`Yesterday evening we left off talking about some
`
`19
`
`analysis that you had done in the context of some of the
`
`20
`
`business planning that was going on.
`
`I think it might be
`
`21
`
`helpful if you could just remind us the context of where
`
`22
`
`we were.
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`23
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`24
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`25
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`A.
`
`Sure.
`
`We had a strategic imperative to upgrade
`
`our network for purposes of coverage expansion and to
`
`deploy the latest technologies to provide our wireless
`
`Christina L. Bickham, RMR, CRR
`409/654-2891
`
`Veritas Techs. LLC
`Exhibit 1015
`Page 006
`
`
`
`Case 6:10-cv-00493-RC-JDL Document 672 Filed 05/01/13 Page 7 of 319 PageID #: 33107
`2-8-2013, Volume 5
`1572
`
`customers with the best experience possible.
`
`Q.
`
`And what was the result of those network upgrades
`
`on your ability to handle traffic on your network?
`
`A.
`
`The deployment of 3G and movement to 4G and then
`
`our subsequent movement to LTE, each of those has left us
`
`with significant excess capacity.
`
`Q.
`
`And you agree with Mr. Lasinski's comments
`
`yesterday that that type of excess capacity makes
`
`compression unneeded; is that correct?
`
`1 2 3 4 5 6 7 8 9
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`10
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`11
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`A.
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`Q.
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`That's correct.
`
`We talked about a document where you had conducted
`
`12
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`an analysis that included a cost-per-megabyte figure.
`
`13
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`What was the purpose of that document?
`
`14
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`15
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`16
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`17
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`A.
`
`That document was a pricing tool.
`
`It was focused
`
`on comparing revenues with costs.
`
`But we do not incur
`
`network cost on a per-megabyte basis.
`
`Q.
`
`So, if you have more megabytes traveling across
`
`18
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`your network, do your costs go up?
`
`19
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`20
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`A.
`
`Q.
`
`No.
`
`If you have fewer megabytes going across your
`
`21
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`network, do your costs go down?
`
`22
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`23
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`A.
`
`Q.
`
`No.
`
`I'm wondering.
`
`I'm wondering if some people might
`
`24
`
`think it's like electricity where the more you use, the
`
`25
`
`more you pay.
`
`Is that the case?
`
`Christina L. Bickham, RMR, CRR
`409/654-2891
`
`Veritas Techs. LLC
`Exhibit 1015
`Page 007
`
`
`
`Case 6:10-cv-00493-RC-JDL Document 672 Filed 05/01/13 Page 8 of 319 PageID #: 33108
`2-8-2013, Volume 5
`1573
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`A.
`
`Well, a power company -- an electricity company
`
`generates power and sells that.
`
`We don't generate
`
`megabytes; we just carry them.
`
`We're just like the
`
`street.
`
`We build infrastructure.
`
`We build the highway,
`
`but we don't pay for every car or we don't pay for the
`
`traffic that goes across the street.
`
`Q.
`
`Thank you.
`
`MS. DAVIES:
`
`Pass the witness.
`
`CROSS-EXAMINATION OF DANIEL BERG
`
`BY MR. STACY:
`
`Q.
`
`A.
`
`Q.
`
`Good morning, Mr. Berg.
`
`Good morning.
`
`I don't think we've met before.
`
`My name is Wayne
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`1 2 3 4 5 6 7 8 9
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`Stacy.
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`15
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`17
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`18
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`MR. STACY:
`
`Can we bring up T-Mobile's
`
`Slide ID 1265?
`
`BY MR. STACY:
`
`Q.
`
`So, Mr. Berg, I wanted to show you that this is
`
`19
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`T-Mobile's Slide 1265.
`
`20
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`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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`A.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`Yes.
`
`Do you recall testifying about this slide earlier?
`
`Yes.
`
`And do you recall Mr. Sandidge used this slide?
`
`Yes.
`
`And this, again, was prepared by T-Mobile's trial
`
`Christina L. Bickham, RMR, CRR
`409/654-2891
`
`Veritas Techs. LLC
`Exhibit 1015
`Page 008
`
`
`
`Case 6:10-cv-00493-RC-JDL Document 672 Filed 05/01/13 Page 9 of 319 PageID #: 33109
`2-8-2013, Volume 5
`1574
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`team to help present information to the jury?
`
`A.
`
`Q.
`
`Yes.
`
`Looking at it, do you still agree that all of the
`
`information is accurate?
`
`A.
`
`In December, 2002 -- actually 2002 for
`
`smartphones; 2006 found RuleSpace; October, 2006, Flash
`
`content filter agreement; June, 2007, Flash --
`
`THE COURT:
`
`Mr. Berg, the question was not
`
`"Read the slide and use up a bunch of our time."
`
`The
`
`question was "Do you agree it's accurate."
`
`It's either
`
`yes or no.
`
`THE WITNESS:
`
`Okay.
`
`A.
`
`In December, 2007, I was hired to plan T-Mobile's
`
`network investments and build a network so --
`
`BY MR. STACY:
`
`Q.
`
`Is the rest of the information on the slide
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`1 2 3 4 5 6 7 8 9
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`10
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`accurate?
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`18
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`MS. DAVIES:
`
`I think it's cut off on the end
`
`19
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`there.
`
`20
`
`21
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`BY MR. STACY:
`
`Q.
`
`When you need me to move it, I'll slide it for
`
`22
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`you.
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`23
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`24
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`25
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`A.
`
`Q.
`
`A.
`
`If you could, please.
`
`Any inaccuracies, Mr. Berg?
`
`The "98 percent converted to 3G" is a little bit
`
`Christina L. Bickham, RMR, CRR
`409/654-2891
`
`Veritas Techs. LLC
`Exhibit 1015
`Page 009
`
`
`
`Case 6:10-cv-00493-RC-JDL Document 672 Filed 05/01/13 Page 10 of 319 PageID #:
`2-8-2013, Volume 5
` 33110
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`1575
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`vague.
`
`Q.
`
`A little bit vague.
`
`But this is the slide that
`
`T-Mobile's trial team put together for the jury, right?
`
`A.
`
`Q.
`
`A.
`
`That's correct.
`
`And it's a little bit vague on the slide?
`
`The "98 percent converted to 3G" is a little bit
`
`vague, yes.
`
`Q.
`
`You would agree that it's important that we be
`
`accurate and precise?
`
`1 2 3 4 5 6 7 8 9
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`10
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`11
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`A.
`
`Q.
`
`Absolutely.
`
`Yes, I do.
`
`So, I want to go back to the other side, this
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`12
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`"2002 - First Smartphones."
`
`Do you see that?
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`13
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`14
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`15
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`16
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`A.
`
`Q.
`
`A.
`
`Q.
`
`I do.
`
`When did T-Mobile first have a smartphone?
`
`2002 is my understanding.
`
`Okay.
`
`So, it's your testimony that T-Mobile's
`
`17
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`first smartphone was 2002?
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`18
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`19
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`20
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`A.
`
`Yes.
`
`I believe that was the Sidekick or the
`
`BlackBerry, but I was not with T-Mobile at the time.
`
`Q.
`
`Okay.
`
`Well, Mr. Berg, you've spent the week with
`
`21
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`your trial team here?
`
`22
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`23
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`24
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`25
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`A.
`
`Q.
`
`Yes.
`
`And you know Mr. Krevitt?
`
`MS. DAVIES:
`
`Objection, your Honor.
`
`The
`
`continued references -- I object to the continued
`
`Christina L. Bickham, RMR, CRR
`409/654-2891
`
`Veritas Techs. LLC
`Exhibit 1015
`Page 010
`
`
`
`Case 6:10-cv-00493-RC-JDL Document 672 Filed 05/01/13 Page 11 of 319 PageID #:
`2-8-2013, Volume 5
` 33111
`
`1576
`I'm
`
`references to the interaction with the trial team.
`
`not sure how that's relevant to the questioning.
`
`THE COURT:
`
`Overruled.
`
`BY MR. STACY:
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`And you know Mr. Krevitt?
`
`Yes, I do.
`
`And you were here for his opening statement?
`
`No, I was not.
`
`You weren't here for his opening statement?
`
`No, I was not.
`
`Do you know -- well, then I want to show you a
`
`1 2 3 4 5 6 7 8 9
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`11
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`12
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`statement from Mr. Krevitt and ask you if it's accurate.
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`14
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`15
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`16
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`18
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`20
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`MR. STACY:
`
`Can you pull up Mr. Krevitt's
`
`opening statement from the transcript at 121, lines 17
`
`through 20?
`
`A.
`
`I'm sorry.
`
`I'm not feeling very well.
`
`MR. STACY:
`
`Oh.
`
`BY MR. STACY:
`
`Q.
`
`A.
`
`Oh, I apologize.
`
`Do you need to step down?
`
`Hmm.
`
`MR. STACY:
`
`Your Honor, can we take a break?
`
`THE COURT:
`
`Let me see counsel sidebar.
`
`(Sidebar conference with all parties present.)
`
`THE COURT:
`
`I would hate to cast aspersions
`
`but it's awful suspicious after that particular witness
`
`Christina L. Bickham, RMR, CRR
`409/654-2891
`
`Veritas Techs. LLC
`Exhibit 1015
`Page 011
`
`
`
`Case 6:10-cv-00493-RC-JDL Document 672 Filed 05/01/13 Page 12 of 319 PageID #:
`2-8-2013, Volume 5
` 33112
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`1577
`and the things he said finishes and he suddenly gets sick
`
`on cross-examination.
`
`He sure wasn't sick for
`
`Ms. Davies.
`
`I may have to instruct the jury that they
`
`are just going to have to assume that maybe he didn't
`
`want to testify.
`
`I mean, that's -- I'm sorry.
`
`This is a
`
`real important trial, lots of money at stake.
`
`He's a
`
`real player for your team.
`
`There is no question.
`
`I
`
`mean, he's on your side.
`
`He's your guy.
`
`This isn't some
`
`witness off the street who saw a car accident.
`
`This is
`
`your marketing director.
`
`He's very skilled, very smart,
`
`very smooth; and suddenly he's sick.
`
`I'm sorry.
`
`That
`
`just sounds very, very suspicious.
`
`MS. DAVIES:
`
`May --
`
`THE COURT:
`
`I'm not going to do anything at
`
`this point but you'd better find out what his condition
`
`is and if he's going to have to go be sick, that's fine.
`
`But that sounds very bizarre to me.
`
`MS. DAVIES:
`
`May I make one point please, your
`
`Honor?
`
`THE COURT:
`
`No, ma'am.
`
`I'm just telling you.
`
`You go talk to him.
`
`We' ll let him step down now and you
`
`bring me your next witness, but you're going to have to
`
`decide when you're going to bring him back.
`
`And I'm
`
`going to order you not to discuss one iota of testimony
`
`or one iota of his questions because I'm sorry, at this
`
`Christina L. Bickham, RMR, CRR
`409/654-2891
`
`1 2 3 4 5 6 7 8 9
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`Veritas Techs. LLC
`Exhibit 1015
`Page 012
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`
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`Case 6:10-cv-00493-RC-JDL Document 672 Filed 05/01/13 Page 13 of 319 PageID #:
`2-8-2013, Volume 5
` 33113
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`1578
`late date in the trial with only a few hours left and we
`
`are running up against deadlines and suddenly he says
`
`this.
`
`I sure didn't hear a word of it at 8:25.
`
`It comes
`
`up after you pass the witness.
`
`Suddenly he's sick.
`
`It is possible that someone gets struck
`
`down --
`
`MS. DAVIES:
`
`This is as much a surprise to me
`
`as it is to you, your Honor.
`
`THE COURT:
`
`Well, it may be a surprise to you;
`
`but he's the T-Mobile guy.
`
`I'm not saying -- if I
`
`thought the lawyers did it, it would be a whole lot
`
`worse.
`
`But, you know, T-Mobile is a sophisticated
`
`company.
`
`That's a sophisticated guy.
`
`He's been around
`
`marketing.
`
`MS. DAVIES:
`
`He is not in marketing, sir.
`
`That's the only thing.
`
`He's a numbers guy, an engineer
`
`numbers guy.
`
`THE COURT:
`
`Okay.
`
`MS. DAVIES:
`
`I just want you to know.
`
`THE COURT:
`
`All right.
`
`Ma' am, I don't touch
`
`you; you don't touch me.
`
`Okay?
`
`MS. DAVIES:
`
`Yes, sir.
`
`THE COURT:
`
`All right.
`
`He's a numbers guy.
`
`That makes him honest, I suppose.
`
`I'm sorry.
`
`THE WITNESS:
`
`I'm okay.
`
`Christina L. Bickham, RMR, CRR
`409/654-2891
`
`1 2 3 4 5 6 7 8 9
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`Veritas Techs. LLC
`Exhibit 1015
`Page 013
`
`
`
`Case 6:10-cv-00493-RC-JDL Document 672 Filed 05/01/13 Page 14 of 319 PageID #:
`2-8-2013, Volume 5
` 33114
`
`THE COURT:
`
`1579
`My evaluation of his credibility
`
`is not real high.
`
`Now, don't anybody say that.
`
`That's
`
`just me because my evaluation of his credibility has got
`
`nothing to do with it; it's the jury.
`
`MS. DAVIES:
`
`Yes.
`
`THE COURT:
`
`But I'm very suspicious of this
`
`gentleman, having watched him and listened to his
`
`testimony and listened to the kinds of things he's said.
`
`Now, if he's ready to go, fine.
`
`MS. DAVIES:
`
`Okay.
`
`THE COURT:
`
`But if he's not --
`
`MS. DAVIES:
`
`He says he is.
`
`THE COURT:
`
`If you need to pull him off, fine,
`
`pull him off.
`
`If the guy is really sick, he's really
`
`sick.
`
`But I'm not going to suddenly delay or give him a
`
`whole weekend to rehash his testimony and figure out
`
`where his mistakes were.
`
`All right.
`
`If he says he's okay, let's go
`
`back.
`
`(Sidebar conference concluded.)
`
`THE COURT:
`
`Go ahead, counsel.
`
`MR. STACY:
`
`Thank you, sir.
`
`BY MR. STACY:
`
`Q.
`
`A.
`
`Are you okay now, Mr. Berg?
`
`Yes, thank you.
`
`Christina L. Bickham, RMR, CRR
`409/654-2891
`
`1 2 3 4 5 6 7 8 9
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`25
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`Veritas Techs. LLC
`Exhibit 1015
`Page 014
`
`
`
`Case 6:10-cv-00493-RC-JDL Document 672 Filed 05/01/13 Page 15 of 319 PageID #:
`2-8-2013, Volume 5
` 33115
`
`1580
`So, I wanted to go back and remind everyone where
`
`Q.
`
`1 2 3 4 5 6 7 8 9
`
`we were.
`
`It is your testimony that T-Mobile first had
`
`smartphones in 2002?
`
`A.
`
`Q.
`
`That's correct.
`
`Okay.
`
`MR. STACY:
`
`Can we bring up the transcript?
`
`BY MR. STACY:
`
`Q.
`
`Now I want to show you what T-Mobile's counsel --
`
`what their attorney said during opening.
`
`10
`
`11
`
`A.
`
`Q.
`
`Excuse me.
`
`What is this?
`
`This is the transcript from -- you know, the court
`
`12
`
`reporter types everything up.
`
`This is the exact words
`
`13
`
`that T-Mobile's lead trial counsel told us during
`
`14
`
`opening.
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`15
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`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`Can you read that to the jury?
`
`A.
`
`"It had to do with the fact that when T-Mobile was
`
`the first company to launch a smartphone -- and they were
`
`real proud of that.
`
`It was 2008."
`
`Q.
`
`Okay.
`
`Thank you.
`
`MR. STACY:
`
`Can we bring up Plaintiff's
`
`Exhibit 38?
`
`BY MR. STACY:
`
`Q.
`
`Sir, we've seen a lot of testimony about PTX 038.
`
`24
`
`Do you see this?
`
`It's T-Mobile Wireless' data systems
`
`25
`
`engineering document.
`
`Christina L. Bickham, RMR, CRR
`409/654-2891
`
`Veritas Techs. LLC
`Exhibit 1015
`Page 015
`
`
`
`Case 6:10-cv-00493-RC-JDL Document 672 Filed 05/01/13 Page 16 of 319 PageID #:
`2-8-2013, Volume 5
` 33116
`
`1581
`
`A.
`
`Q.
`
`title?
`
`A.
`
`Q.
`
`Yes.
`
`And it's "Data Optimization requirements," is the
`
`Yes.
`
`And do you see down in the bottom right-hand
`
`corner --
`
`MR. STACY:
`
`We could blow out under the
`
`sticker.
`
`BY MR. STACY:
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`"Confidential and proprietary."
`
`Do you see that?
`
`Yes, I do.
`
`That's T-Mobile's stamp?
`
`I can't say -- I can't say it is or not.
`
`You don't know if that is what T-Mobile put on the
`
`15
`
`document?
`
`16
`
`17
`
`18
`
`19
`
`A.
`
`I can't say for sure.
`
`We often put "confidential
`
`and proprietary" -- we often put many stamps like that on
`
`our documents.
`
`I can't say for sure.
`
`Q.
`
`Okay.
`
`And you put "confidential and proprietary"
`
`20
`
`on important documents?
`
`21
`
`22
`
`23
`
`24
`
`25
`
`A.
`
`Q.
`
`Yes.
`
`Yes, we do.
`
`Okay.
`
`MR. STACY:
`
`So, let's go on to page 4 and
`
`highlight the Part 1.
`
`*
`
`Christina L. Bickham, RMR, CRR
`409/654-2891
`
`Veritas Techs. LLC
`Exhibit 1015
`Page 016
`
`
`
`Case 6:10-cv-00493-RC-JDL Document 672 Filed 05/01/13 Page 17 of 319 PageID #:
`2-8-2013, Volume 5
` 33117
`
`1582
`
`BY MR. STACY:
`
`Q.
`
`Now, Mr. Berg, you would agree that the purpose
`
`and scope of this document in Plaintiff's Exhibit 38 is
`
`expressed in this paragraph; and that's paragraph 1.
`
`A.
`
`It seems like it lays out the purpose and scope,
`
`yes.
`
`Q.
`
`And it says that the document "provides
`
`requirements and high level design for content control,
`
`content optimization and content adaptation, data
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`optimization, and adaptation solution."
`
`11
`
`12
`
`A.
`
`Q.
`
`Yes, it does.
`
`Do you have any reason to believe that's
`
`13
`
`inaccurate?
`
`14
`
`15
`
`16
`
`A.
`
`Inaccurate that the document provides that or
`
`inaccurate that the statement says that?
`
`Q.
`
`Yes -- well, first, that's what the statement
`
`17
`
`says, correct?
`
`18
`
`19
`
`A.
`
`Q.
`
`The statement does say that, yes.
`
`Any reason to disavow that statement and say that
`
`20
`
`it is not T-Mobile's words?
`
`21
`
`22
`
`23
`
`A.
`
`I can't -- I mean, I have no reason to disavow
`
`that, no.
`
`Q.
`
`Okay.
`
`So, let's go on to page 10.
`
`We' re going to
`
`24
`
`go to page 10 of this same document.
`
`25
`
`A.
`
`Okay.
`
`Christina L. Bickham, RMR, CRR
`409/654-2891
`
`Veritas Techs. LLC
`Exhibit 1015
`Page 017
`
`
`
`Case 6:10-cv-00493-RC-JDL Document 672 Filed 05/01/13 Page 18 of 319 PageID #:
`2-8-2013, Volume 5
` 33118
`
`1583
`
`Q.
`
`To show you that we're in the same document, do
`
`you see right up top, "Data Optimization requirements"?
`
`A.
`
`Q.
`
`right?
`
`A.
`
`Q.
`
`Sure.
`
`So, we're in the same document that we just saw,
`
`Yes.
`
`Okay.
`
`So, in this requirements document, you
`
`have -- by "you," meaning T-Mobile -- have a section
`
`"Image compression," correct?
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`A.
`
`Q.
`
`Yes.
`
`And this was T-Mobile's requirements for image
`
`12
`
`compression?
`
`13
`
`14
`
`A.
`
`Q.
`
`Yes, it appears that way.
`
`And now, see, for example -- let's look at 4.35.
`
`15
`
`It says, "The system shall support various image
`
`16
`
`compression techniques to improve the performance by
`
`17
`
`reducing the size of the content."
`
`18
`
`19
`
`20
`
`21
`
`22
`
`That's T-Mobile's words, correct?
`
`A.
`
`It's a T- Mobile document.
`
`I can't say it's
`
`T-Mobile's words; but it's represented in the T-Mobile
`
`document, yes.
`
`Q.
`
`Let's look at the next one, 4.36.
`
`" The system
`
`23
`
`shall support both lossy and lossless compressions."
`
`24
`
`25
`
`Did I read that correctly?
`
`A.
`
`Yes, you did.
`
`Christina L. Bickham, RMR, CRR
`409/654-2891
`
`Veritas Techs. LLC
`Exhibit 1015
`Page 018
`
`
`
`Case 6:10-cv-00493-RC-JDL Document 672 Filed 05/01/13 Page 19 of 319 PageID #:
`2-8-2013, Volume 5
` 33119
`
`1584
`
`Q.
`
`A.
`
`Those are T-Mobile's words?
`
`Again, I can't say that they're T-Mobile's words;
`
`but they're in a T-Mobile document.
`
`Q.
`
`Okay.
`
`So, let's go to 4.37.
`
`It says, "The system
`
`shall provide subscribers with options to choose the
`
`level of image compression."
`
`Did I read that correctly?
`
`Yes.
`
`I see that, yes.
`
`Are those T-Mobile's words?
`
`Same answer.
`
`I can't say that they're T-Mobile's
`
`A.
`
`Q.
`
`A.
`
`words, but they are in T-Mobile's document.
`
`Q.
`
`Do you have any reason to believe those words are
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`inaccurate?
`
`14
`
`15
`
`A.
`
`Q.
`
`I believe they specify a requirement.
`
`Okay.
`
`And then let's look at -- let me just ask
`
`16
`
`you a question.
`
`Did you draft this document?
`
`No, I did not.
`
`Did you draft any of the provisions we just talked
`
`17
`
`18
`
`A.
`
`Q.
`
`19
`
`about?
`
`20
`
`21
`
`22
`
`23
`
`A.
`
`No, I did not.
`
`MR. STACY:
`
`Let's go back to page 2.
`
`BY MR. STACY:
`
`Q.
`
`So, sir, I'm going to tell you we're back at page
`
`24
`
`2 of this same document; and it says "Document History."
`
`25
`
`A.
`
`I see that, yes.
`
`Christina L. Bickham, RMR, CRR
`409/654-2891
`
`Veritas Techs. LLC
`Exhibit 1015
`Page 019
`
`
`
`Case 6:10-cv-00493-RC-JDL Document 672 Filed 05/01/13 Page 20 of 319 PageID #:
`2-8-2013, Volume 5
` 33120
`
`1585
`Now, this piece that we've blown up here for you
`
`Q.
`
`1 2 3 4 5 6 7 8 9
`
`that's got Version 1.0, 1.1, 1.2, and 1.3.
`
`Do you see
`
`that?
`
`A.
`
`Q.
`
`Yes, I do.
`
`These people at least drafted some of this
`
`document.
`
`A.
`
`Q.
`
`Sure, yes.
`
`And these people could tell us whether the
`
`material we just talked about was actually T-Mobile's
`
`10
`
`words?
`
`11
`
`12
`
`A.
`
`Q.
`
`They could, yes.
`
`Okay.
`
`We haven't heard from any of these people
`
`13
`
`in this trial, have we?
`
`14
`
`15
`
`16
`
`17
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`No, we have not.
`
`Did any of these people come to Tyler?
`
`No, they did not.
`
`So, none of these people -- you have no plans for
`
`18
`
`any of these people to tell the jury about this document?
`
`19
`
`20
`
`21
`
`A.
`
`I don't make those plans, but I -- I can't speak
`
`to that.
`
`Q.
`
`Are you aware of any plans for any of these people
`
`22
`
`to come tell the jury about this document?
`
`23
`
`24
`
`A.
`
`Q.
`
`No, I'm not aware of any plans like that.
`
`So, this piece says, "Required Review and
`
`25
`
`Approvals."
`
`Do you see that?
`
`Christina L. Bickham, RMR, CRR
`409/654-2891
`
`Veritas Techs. LLC
`Exhibit 1015
`Page 020
`
`
`
`Case 6:10-cv-00493-RC-JDL Document 672 Filed 05/01/13 Page 21 of 319 PageID #:
`2-8-2013, Volume 5
` 33121
`
`1586
`
`A.
`
`Q.
`
`I do.
`
`I see that.
`
`This would be kind of the boss that would approve
`
`the document?
`
`A.
`
`Q.
`
`Often, yes.
`
`Okay.
`
`Do you see that first name, "Sandesh
`
`Shetty"?
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`I do, yes.
`
`Now, we've heard from Mr. Shetty, haven't we?
`
`Yes, we have.
`
`We heard from him by video deposition, right?
`
`That's correct.
`
`But Mr. Shetty didn't come to Tyler, did he?
`
`No, he did not.
`
`And he didn't come and explain what this document
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`is.
`
`16
`
`17
`
`A.
`
`Q.
`
`He did not.
`
`But Mr. Shetty could tell us whether those words
`
`18
`
`were actually T-Mobile's words?
`
`19
`
`20
`
`21
`
`A.
`
`I don't know that he could.
`
`I don't know that he
`
`could.
`
`Q.
`
`But we're not going to get to ask Mr. Shetty those
`
`22
`
`questions, are we?
`
`23
`
`24
`
`25
`
`A.
`
`I assume that that opportunity was during the
`
`deposition, but I don't -- --
`
`Q.
`
`Now, did you hear Mr. Sandidge testify that
`
`Christina L. Bickham, RMR, CRR
`409/654-2891
`
`Veritas Techs. LLC
`Exhibit 1015
`Page 021
`
`
`
`Case 6:10-cv-00493-RC-JDL Document 672 Filed 05/01/13 Page 22 of 319 PageID #:
`2-8-2013, Volume 5
` 33122
`
`1587
`T-Mobile had the largest 4G network in the United States?
`
`1 2 3 4 5 6 7 8 9
`
`A.
`
`Q.
`
`A.
`
`I don't recall that.
`
`Were you here for Mr. Sandidge's testimony?
`
`I was in and out a little bit; but I was here most
`
`of the time, yes.
`
`MR. STACY:
`
`Can we pull up transcript 1369,
`
`lines 7 through 12?
`
`BY MR. STACY:
`
`Q.
`
`Now, this is the trial transcript.
`
`Do you see
`
`10
`
`this?
`
`11
`
`12
`
`A.
`
`Q.
`
`Yes.
`
`"We already have 4G.
`
`We've got the nation's
`
`13
`
`largest 4G network, according to our television
`
`14
`
`commercials."
`
`15
`
`16
`
`A.
`
`Q.
`
`Yes, I see that.
`
`"Okay.
`
`Is that the commercial with that woman on
`
`17
`
`the motorcycle?"
`
`18
`
`19
`
`20
`
`21
`
`22
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`"Yes, sir."
`
`Yes.
`
`Now do you recall that testimony?
`
`I do, yes.
`
`Okay.
`
`I know, very colorful.
`
`I thought if I
`
`23
`
`showed it to you --
`
`24
`
`25
`
`A.
`
`Q.
`
`I remember that, yes.
`
`Okay.
`
`Does T-Mobile have the largest 4G network
`
`Christina L. Bickham, RMR, CRR
`409/654-2891
`
`Veritas Techs. LLC
`Exhibit 1015
`Page 022
`
`
`
`Case 6:10-cv-00493-RC-JDL Document 672 Filed 05/01/13 Page 23 of 319 PageID #:
`2-8-2013, Volume 5
` 33123
`
`1588
`
`in the United States?
`
`A.
`
`At least at one time we did have America's largest
`
`4G network.
`
`Q.
`
`Now, Mr. Sandidge didn't qualify it by saying "at
`
`least at one time," did he?
`
`A.
`
`Q.
`
`I don't believe so.
`
`Isn't it true that T-Mobile lags behind AT&T with
`
`its 4G network?
`
`A.
`
`Q.
`
`A.
`
`I'm not sure about that.
`
`Isn't it true that T-Mobile lags behind Verizon?
`
`I'm not sure about that.
`
`You know, both AT&T and
`
`Verizon are aggressively developing their 4G networks as
`
`well.
`
`Q.
`
`Well, sir, isn't it true that T-Mobile lags behind
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`AT&T, Verizon, and Sprint by over a year in deploying a
`
`16
`
`4G network?
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`A.
`
`No.
`
`I don't believe that's the case.
`
`MR. STACY:
`
`Can we pull up Plaintiff's
`
`Exhibit 59 at 72?
`
`BY MR. STACY:
`
`Q.
`
`A.
`
`Q.
`
`Do you know Peter Ewens?
`
`Yes, I do.
`
`First of all, do you understand that this is a
`
`24
`
`declaration of Peter Ewens?
`
`25
`
`A.
`
`Yes, I do.
`
`Christina L. Bickham, RMR, CRR
`409/654-2891
`
`Veritas Techs. LLC
`Exhibit 1015
`Page 023
`
`
`
`Case 6:10-cv-00493-RC-JDL Document 672 Filed 05/01/13 Page 24 of 319 PageID #:
`2-8-2013, Volume 5
` 33124
`
`1589
`And Peter Ewens is the chief strategy officer of
`
`Q.
`
`1 2 3 4 5 6 7 8 9
`
`T-Mobile USA, isn't he?
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`you?
`
`A.
`
`Q.
`
`Yes.
`
`That's a pretty important position at T-Mobile?
`
`Yes, it is.
`
`He would be higher up in the corporate chain than
`
`Yes.
`
`Okay.
`
`And you understand that a declaration is a
`
`10
`
`document submitted under oath in penalty of perjury?
`
`11
`
`12
`
`A.
`
`Q.
`
`Yes, I do.
`
`And you understand that Mr. Ewens submitted this
`
`13
`
`under oath and penalty of perjury?
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`A.
`
`Q.
`
`A.
`
`I assume he did, yes.
`
`So, you don't have to take my word for it.
`
`Okay.
`
`I'm sure.
`
`MR. STACY:
`
`Let's go to page 85.
`
`We're at
`
`Plaintiff's Exhibit 59 at 85.
`
`BY MR. STACY:
`
`Q.
`
`So, you see, "I declare under penalty of perjury
`
`21
`
`that the foregoing is true and correct.
`
`Executed on
`
`22
`
`October 18, 2012."
`
`Signed by Peter Ewens.
`
`23
`
`24
`
`25
`
`A.
`
`Q.
`
`Did I read that correctly?
`
`Yes, you did.
`
`Okay.
`
`So, now are you comfortable that Mr. Ewens
`
`Christina L. Bickham, RMR, CRR
`409/654-2891
`
`Veritas Techs. LLC
`Exhibit 1015
`Page 024
`
`
`
`Case 6:10-cv-00493-RC-JDL Document 672 Filed 05/01/13 Page 25 of 319 PageID #:
`2-8-2013, Volume 5
` 33125
`
`1590
`
`submitted this document under oath?
`
`A.
`
`Q.
`
`Yes, I am.
`
`And he submitted this in October, just very
`
`recently, correct?
`
`A.
`
`Q.
`
`That's right.
`
`So, this is Mr. Ewen's statements from October
`
`under oath.
`
`"Due to spectrum challenges, T-Mobile USA
`
`will only begin to offer 4G LTE next year, the company
`
`lags behind AT&T, Verizon Wireless, and Sprint in
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`deploying LTE by at least a year."
`
`11
`
`12
`
`13
`
`A.
`
`Q.
`
`Did I read that correctly, sir?
`
`Yes, you did.
`
`Did Mr. Ewens tell the Federal Government the
`
`14
`
`truth when he submitted this declaration?
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`A.
`
`Q.
`
`A.
`
`Yes, he did.
`
`Thank you.
`
`I point out that he qualified 4G with LTE.
`
`So, 4G
`
`LTE, he's talking about a different experience, a
`
`different network than the 4G network that Mr. Sandidge
`
`was talking about and the 4G network that we' ve termed
`
`"America's largest 4G network."
`
`So, with that -- with
`
`respect to the network that we've termed "America's
`
`largest 4G network," we' re talking about our HSPA+.
`
`And
`
`Mr. Ewens there is talking about a 4G network that is
`
`based on the LTE technology which is why he specifically
`
`Christina L. Bickham, RMR, CRR
`409/654-2891
`
`Veritas Techs. LLC
`Exhibit 1015
`Page 025
`
`
`
`Case 6:10-cv-00493-RC-JDL Document 672 Filed 05/01/13 Page 26 of 319 PageID #:
`2-8-2013, Volume 5
` 33126
`
`1591
`
`qualifies it that way.
`
`Q.
`
`Okay.
`
`Mr. Sandidge didn't qualify his testimony,
`
`did he?
`
`A.
`
`Q.
`
`No, but --
`
`No.
`
`My question was:
`
`Mr. Sandidge didn't qualify
`
`his testimony, did he?
`
`And if you'd like to see it again, I can show
`
`it to you, sir.
`
`A.
`
`Q.
`
`No, he did not qualify his testimony.
`
`Okay.
`
`Thank you.
`
`So, were you here for opening arguments?
`
`I
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`think you said you were at least here part of it?
`
`13
`
`14
`
`15
`
`A.
`
`no.
`
`Q.
`
`I was not here on the day of opening arguments,
`
`Okay.
`
`Do you -- is there a reason you didn't come
`
`16
`
`for opening arguments, sir?
`
`17
`
`18
`
`19
`
`20
`
`A.
`
`It was my understanding that since I was going to
`
`be testifying on a later date, that I was not permitted
`
`to be in the courtroom.
`
`Q.
`
`It was your understanding you weren't permitted to
`
`21
`
`be in the courtroom?
`
`22
`
`23
`
`24
`
`25
`
`A.
`
`Q.
`
`That was my understanding at the time.
`
`So, I'd like to get a little help from you.
`
`MR. STACY:
`
`If we can pull up Plaintiff's
`
`Exhibit 59 at 86.
`
`Christina L. Bickham, RMR, CRR
`409/654-2891
`
`Veritas Techs. LLC
`Exhibit 1015
`Page 026
`
`
`
`Case 6:10-cv-00493-RC-JDL Document 672 Filed 05/01/13 Page 27 of 319 PageID #:
`2-8-2013, Volume 5
` 33127
`
`1592
`
`BY MR. STACY:
`
`Q.
`
`So, I want to go back to these declarations.
`
`This
`
`is the declaration of Mark McDiarmid.
`
`Do you know Mr. McDiarmid?
`
`A.
`
`Q.
`
`Yes, I do.
`
`And you understand this is another one of the
`
`documents T-Mobile submitted to the Federal Government
`
`under oath?
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`Yes, I do.
`
`And again "under oath" means penalty of perjury?
`
`Yes.
`
`And you understand he submitted this in October of
`
`1 2 3 4 5 6 7 8 9
`
`10
`
`11
`
`12
`
`13
`
`2012?
`
`14
`
`15
`
`A.
`
`Q.
`
`Yes.
`
`Okay.
`
`Now, you know that this is the document
`
`16
`
`that T-Mobile has provided for the jury?
`
`17
`
`18
`
`A.
`
`Q.
`
`Yes.
`
`Okay.
`
`And it says right up top, "Redacted - For
`
`19
`
`Public Inspection."
`
`Do you see that?
`
`20
`
`21
`
`A.
`
`Q.
`
`I do, yes.
`
`Did you understand that "redacted" means that
`
`22
`
`certain information has been hidden?
`
`23
`
`24
`
`A.
`
`Q.
`
`Yes, I do.
`
`And, so, the public is not entitled to see certain
`
`25
`
`information in this document.
`
`Christina L. Bickham, RMR, CRR
`409/654-2891
`
`Veritas Techs. LLC
`Exhibit 1015
`Page 027
`
`
`
`Case 6:10-cv-00493-RC-JDL Document 672 Filed 05/01/13 Page 28 of 319 PageID #:
`2-8-2013, Volume 5
` 33128
`
`1593
`
`A.
`
`Q.
`
`Yes.
`
`I do.
`
`But this is the only document T-Mobile has made
`
`available for the jury in this case, right?
`
`A.
`
`Q.
`
`It's not the only document T-Mobile --
`
`My -- terrible question.
`
`This is the only version of Mr. McDiarmid's
`
`declaration that T-Mobile has made available for the
`
`jury, correct?
`
`A.
`
`I don't know that for a fact, but -- I don't know
`
`that for sure.
`
`Q.
`
`A.
`
`Q.
`
`Has T-Mobile shown the jury an unredacted version?
`
`Not to my knowledge.
`
`Okay.
`
`So, let's take a look
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