UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Page 1
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`SAMSUNG ELECTRONICS AMERICA, INC.,
`Petitioner
`V.
`UNILOC LUXEMBOURG S.A.,
`Patent Owner
`_______________
`
`Case No. IPR2017-01799
`Patent No. 8,199,747
`
`***************************************
`ORAL DEPOSITION OF WILLIAM C. EASTTOM, II
`AUGUST 6, 2018
`***************************************
`
`Reported By: Susan Foreman
`Job No: 144981
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`SAMSUNG EXHIBIT 1042
`Samsung Electronics America, Inc. v. Uniloc Luxembourg, S.A.
`IPR2017-01800
`
`Page 1 of 72
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`Page 1
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`SAMSUNG ELECTRONICS AMERICA, INC.,
`Petitioner
`V.
`UNILOC LUXEMBOURG S.A.,
`Patent Owner
`_______________
`
`Case No. IPR2017-01799
`Patent No. 8,199,747
`
`***************************************
`ORAL DEPOSITION OF WILLIAM C. EASTTOM, II
`AUGUST 6, 2018
`***************************************
`
`Reported By: Susan Foreman
`Job No: 144981
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`SAMSUNG EXHIBIT 1042
`Samsung Electronics America, Inc. v. Uniloc Luxembourg, S.A.
`IPR2017-01800
`
`Page 1 of 72
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` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SAMSUNG ELECTRONICS AMERICA, INC.,
`Petitioner
`V.
`UNILOC LUXEMBOURG S.A.,
`Patent Owner
`_______________
`
`Case No. IPR2017-01800
`Patent No. 8,243,723
`
` ***************************************
`ORAL DEPOSITION OF WILLIAM C. EASTTOM, II
`AUGUST 6, 2018
` ***************************************
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` ANSWERS AND DEPOSITION OF WILLIAM C. EASTTOM,
`II, produced as a witness at the instance of the
`Petitioner, taken in the above-styled and -numbered
`cause on the 6th day of August, 2018, at 9:47 a.m.,
`before Susan M. Foreman, a Certified Shorthand Reporter
`in and for the State of Texas, at the Renaissance Dallas
`at Plano Legacy West Hotel, located at 6007 Legacy
`Drive, Plano, Texas 75024, in the City of Plano, County
`of Collin, and State of Texas, in accordance with the
`agreement hereinafter set forth or in accordance with
`the Federal Rules of Civil Procedure.
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` A P P E A R A N C E S
`
` FOR THE PETITIONER SAMSUNG ELECTRONICS AMERICA, INC.
` MR. PHILLIP CITROEN, ESQ.
` MR. MICHAEL WOLFE, ESQ.
` MR. JOSEPH POLYS, ESQ.(VIA TELEPHONE)
` PAUL HASTINGS
` 875 15th Street Northwest
` Washington, DC 20005
`
`FOR THE PATENT OWNER UNILOC LUXEMBOURG S.A.
` MR. RYAN LOVELESS, ESQ.
` ETHERIDGE LAW GROUP
` 2600 East Southlake Boulevard
` Southlake, TX 76092
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` WILLIAM C. EASTTOM, II
` I N D E X
` PAGE
`
`Appearances.................................... 4
`
`WILLIAM C. EASTTOM,II
` Examination by Mr. Citroen............... 6
`
`Reporter's Certificate......................... 67
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` WILLIAM C. EASTTOM, II
` P R O C E E D I N G S
` WILLIAM C. EASTTOM, II
`having been first duly sworn, testified as follows:
` EXAMINATION
`BY MR. CITROEN:
` Q. Welcome back --
` A. Thank you.
` Q. -- again.
` Okay. Can you please state your name and
`address for the record?
` A. William Charles Easttom, II, 5605 Woodspring
`Drive, Plano, Texas.
` Q. And, again, let's -- I know you know this
`already, but let's try not to speak over each other.
`Let me finish my question before you answer, and I'll
`let you answer before I ask my next question. If you
`don't understand a question or it's not clear, just let
`me know and I'll repeat or rephrase the question.
` Is there any reason you cannot testify
`completely, truthfully, and accurately today?
` A. No.
` Q. And you understand you're under oath?
` A. Yes.
` Q. Okay. I'm going to hand you some documents.
`
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` WILLIAM C. EASTTOM, II
`Let start...
` Do you recognize this document?
` A. Yes, I do.
` Q. And can you tell me what this document is?
` A. U.S. Patent 8,243,723 B2.
` Q. Is it okay if we refer to this as the '723
`patent?
` A. Yes.
` Q. Okay. And is there an exhibit number on this
`document at the bottom right-hand corner?
` A. Yes. It states Samsung Exhibit 1001.
` MR. CITROEN: For the record, that's
`Exhibit 1001 in IPR2017-01800.
` Q. I'm going to hand you another document. Once
`you've had a chance to look at that document, please let
`me know if you recognize it.
` A. This appears to be my declaration in reference
`to the aforementioned patent and IPR proceedings.
` Q. This declaration contains your opinions related
`to the '723 patent?
` A. That is correct.
` Q. Okay. And is there an exhibit number on this
`document?
` A. Yes. It says Uniloc's Exhibit 2001.
`
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` WILLIAM C. EASTTOM, II
` Q. Okay.
` MR. CITROEN: And for the record, that's
`Exhibit 2001 in the proceeding IPR2017-1800.
` Q. I'm going to hand you another document. Do you
`recognize this document?
` A. Yes, this is a supplemental declaration of mine
`in reference to the aforementioned IPR and patent.
` Q. And is there an exhibit number on this
`document?
` A. It says Uniloc's Exhibit 2009.
` Q. Okay.
` MR. CITROEN: For the record, that's for
`IPR2017-1800.
` Q. And does this declaration also include some of
`your opinions with respect to the '723 patent?
` A. Yes.
` Q. Okay. Hand you some more documents. Do you
`recognize this document?
` A. Yes, this is U.S. Patent 8,199,747 B2.
` Q. Is it okay if we refer to this as the '747
`patent?
` A. Certainly.
` Q. And is there an exhibit number that you see on
`this document?
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` A. Yes. It is Samsung Exhibit 1001.
` Q. Okay.
` MR. CITROEN: For the record, that's
`Exhibit 1001 in IPR2017-01799.
` Q. And one more. Do you recognize this document?
` A. Yes, this is my declaration in reference to the
`IPR2017-01799, the '747 patent.
` Q. So this document includes your opinions with
`respect to the '747 patent?
` A. That is accurate.
` Q. Okay. And is there an exhibit number on this
`document?
` A. It states Uniloc's Exhibit 2001.
` Q. Okay.
` MR. CITROEN: And for the record, that's
`Exhibit 2001 for IPR2017-01799.
` Q. I'm going to sound like a broken record, but
`did you spend any time preparing for today's deposition?
` A. Yes, but not since the last deposition.
` Q. Okay. Can you tell me what you did to prepare?
` A. Rereading these declarations, rereading the
`patents in question, rereading other related documents
`that are listed within my declarations.
` Q. And when did you reread these declarations
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`before you?
` A. The most recently, this preceding weekend.
` Q. Okay. How much time do you believe you spent
`preparing for this deposition?
` A. Well, it's difficult to tease out because there
`are so many connected depositions, six IPRs in total.
`I'm going to estimate 12 hours, roughly, of reading.
` Q. Okay. Did you have any meetings with anyone
`with respect to this deposition?
` A. Yes.
` Q. How many meetings did you have?
` A. One with Mr. Loveless. It was via phone this
`preceding Monday, one week ago today, I believe. It was
`approximately an hour, hour and a half.
` Q. Okay. Did you speak with anyone else to
`prepare for today's deposition?
` A. No.
` Q. Did you speak to anyone else about this
`deposition?
` A. Yes.
` Q. Who is that?
` A. I always tell my wife where I'm going to be.
` Q. Okay. That's a good idea.
` So the declarations before you, do they
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`identify the documents that you reviewed in preparing
`your opinions that are contained in these declarations?
` A. Yes.
` Q. And which document are you looking at?
` A. Well, to begin with, I'm looking at my original
`declaration in the IPR that ends in 1800 for the '723
`patent. Paragraph 4 lists reviewing the patent, its
`prosecution file wrapper; state of the art at the time
`of the application; the references asserted by Samsung
`in their petition; the declaration of Dr. Haas, the
`references relied upon in that petition, primarily
`Zydney and Griffin; the declaration by Dr. Val DiEuliis
`from a previous IPR; and I believe those are the ones
`mentioned, yes.
` Q. Are there any documents that are not identified
`in paragraph 4 that you considered in rendering your
`opinions for this declaration?
` A. I don't think so.
` MR. LOVELESS: Object, form.
` Q. Okay. In paragraph 4 you have listed the
`declaration of Dr. Val DiEuliis from IPR2017-01365.
` Do you see that?
` A. Yes, I do.
` Q. Why did you review his declaration in preparing
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`your declaration in the 1800 proceeding?
` A. Well, this has been over a year, so best of my
`recollection, I was attempting to acquire and review
`every document related to this patent. I don't have any
`specific memory of his declaration having any particular
`impact on my opinions.
` Q. Okay. Did you rely on his opinions in forming
`your own?
` A. No, I always form independent opinions.
` Q. Okay. Do you agree with everything that's
`stated in Dr. Val DiEuliis' declaration in the 31365
`proceeding?
` MR. LOVELESS: Objection, form.
` A. Well, I don't believe any part of my analysis
`was to agree or disagree with him. And sitting here
`today, I don't even recall what his opinions were. So I
`don't know if I agree or disagree.
` Q. Okay. Did you consider declarations of any
`other experts other than Dr. Haas and Dr. DiEuliis in
`preparing your declaration for the 1800 proceeding?
` A. None that I can recall sitting here.
` Q. Did you review the declaration of Dr. DiEuliis
`before today's deposition?
` A. Are you asking if in preparation the preceding
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`few weeks or days, had I done that?
` Q. Yes.
` A. No, I don't recall having looked at it since I
`wrote this declaration.
` Q. Okay.
` Okay. Do you have a similar list of items
`that you considered when rendering your opinions for the
`-- I believe it's the 1799 proceeding involving the '747
`patent?
` A. Yes, I do.
` Q. And where is that?
` A. Also in paragraph 4 --
` Q. Okay.
` A. -- of that separate declaration.
` Q. Okay. Did you consider anything that is not
`listed here in paragraph 4 in rendering your opinions
`for the 1799 proceeding?
` MR. LOVELESS: Objection, form.
` A. Nothing that I recall.
` Q. Okay. And do you see the declaration of
`Dr. Val DiEuliis from IPR2017-01257?
` A. Yes, I do.
` Q. And do you recall why you reviewed this
`declaration of Dr. DiEuliis in preparing your opinions
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`for the 1799 proceeding?
` A. I don't actually recall the why. In general, I
`try to review everything related to the patent, but
`nothing in his opinions stands out as having any impact
`on my opinions or analysis.
` Q. Do you agree with the opinions in Dr. DiEuliis'
`declaration that you reviewed?
` MR. LOVELESS: Objection, form.
` A. Well, no part of my analysis was even designed
`to agree or disagree or to evaluate his opinions; and
`sitting here today, having not read his declaration in a
`year, I don't even know what his opinions were.
` Q. Is there anything you recall that you disagree
`with in Dr. DiEuliis' declaration for the IPR2017-01257
`proceeding?
` MR. LOVELESS: Objection, form.
` A. I don't recall what his opinions were, so I can
`neither agree nor disagree with them.
` Q. If you can go to paragraph 38 of that
`declaration.
` A. (Witness complies.)
` Yes, now, this does refresh my memory. I
`think Dr. DiEuliis utilized an analogy, and I found his
`analogy to be useful in describing. And since it was
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` WILLIAM C. EASTTOM, II
`his analogy, I did give him credit for the original
`analogy.
` Q. So the first two sentences you state: I read
`the declaration of Dr. Val DiEuliis in IPR2017-01257.
`While I formed my own independent opinions, I am in
`agreement with Dr. DiEuliis.
` I just want to understand. Does that mean
`you're in agreement with everything stated in the
`declaration of Dr. DiEuliis?
` A. That wasn't a part of my analysis. If we take
`this paragraph in its entirety, as opposed to isolating
`a sentence, it goes on to say: Dr. DiEuliis, in
`IPR2017-01257, which also challenged the '747 patent
`based on Zydney, used an analogy that I find apt and
`useful.
` The analogy is: A container object is like
`a box. It holds things, but it's not the things it
`holds. For example, if a box contains paperclips, the
`actual box itself is not a paperclip.
` So what I'm stating in this paragraph is
`that I agree with Dr. DiEuliis that a container is not
`what it contains, that it's a separate entity in and of
`itself; and I agree that his analogy is a pretty good
`description. Beyond that, I have no opinions on his
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`opinions.
` Q. Okay. So you may agree or disagree with the
`rest of Dr. DiEuliis' opinions in his declaration?
` A. I don't know what they are, so I cannot agree
`or disagree.
` Q. You don't know what they are because you don't
`recall or because you didn't review his entire
`declaration?
` MR. LOVELESS: Objection, form.
` A. Well, anytime I reference a document, I read
`the entire document. That's my normal practice, and I
`don't know of any exceptions I've ever made to that.
`Again, we're trying to recall what exactly I did over a
`year ago.
` But sitting here today, I don't recall what
`his opinions were. But I certainly read the entire
`document over a year ago. I formed my own opinions,
`didn't base them on his. So I read his document, then
`moved on to other more relevant items.
` Q. Okay. So other than the six proceedings
`involving Uniloc and Samsung before the PTAB, are you
`involved in any other proceedings involving these Uniloc
`patents?
` A. I don't recall. There are a number of Uniloc's
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`proceedings I'm involved in with various parties. I
`don't recall if these specific patents are part of those
`proceedings or not.
` Q. Okay. Have you worked with Uniloc in any other
`matters other than the six that we've discussed over the
`last few days?
` A. Yes.
` Q. Okay. Which matters are those?
` A. As best as I could, I listed them in my CV
`that's attached to my declaration.
` Sitting here today, I am currently also
`working with some Uniloc attorneys, a different law
`firm, regarding some cases involving Apple.
` Many years ago I --
` Q. Before you move on, is that before the PTAB or
`the District Court?
` A. I believe it was before the District Court, but
`I believe there may also be some IPRs involved.
` Q. Okay. Sorry to interrupt. Go ahead.
` A. No problem.
` And about seven or eight years ago, I
`worked with Uniloc via the Etheridge Law Firm on a
`patent regarding software activation. Now, in that
`case, I was not a testifying expert; I was simply
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`consulting to examine products and then to say, yes, I
`believe this may infringe; or, no, I don't believe it
`does.
` Q. Okay. Do you recall any other matters that you
`worked on that involved Uniloc?
` A. Those ones come to mind. But for about the
`past 18 months, I've been handling a few different
`matters, so there are several involved.
` Q. Okay. Have you ever worked with any of the
`Samsung entities?
` A. Not that I recall.
` Q. Okay. So you have before you the '890 patent
`-- I'm sorry, the '747 patent and the '723 patent?
` A. Yes, I do.
` Q. You do not have the '890 patent in front of
`you?
` A. No, I do not.
` Q. Okay. Are these two patents related, the '747
`and '723?
` A. Yes.
` Q. And they're part of a chain of continuations;
`is that your understanding?
` A. That is my understanding.
` Q. And are these two patents also related to the
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`'622 patent, the '433 patent, and the '890 patent that
`we have discussed over the past few days?
` A. I believe they are.
` Q. Is it your understanding that they're all part
`of the same chain of continuations?
` A. That is my understanding.
` Q. Okay. In preparing your declarations, did you
`review the entirety of the '747 patent and the '723
`patent?
` A. Yes.
` Q. Okay. And what about in preparation for
`today's deposition, did you review the entirety of the
`'723 patent and '747 patent?
` A. Yes.
` Q. Okay. And that was over this weekend?
` A. Yes.
` Q. I'm going to hand you a document you're
`probably very familiar with. After you've had a chance
`to look, can you tell me what that document is?
` A. This is the International Patent Publication
`Number WO 01/11824 A2, also commonly being referred to
`throughout all these documents as Zydney.
` Q. Okay. Is it okay if we refer to it as Zydney?
` A. Certainly.
`
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` WILLIAM C. EASTTOM, II
` Q. Okay. Is there an exhibit number on this
`document?
` A. It states Samsung Exhibit 1006.
` MR. CITROEN: Just for the record, that's
`Exhibit 1006 in both IPRs 2017-01799 and -01800.
` Q. And did you review Zydney in its entirety when
`preparing your declarations in the '747 and '723
`proceedings?
` A. That's correct.
` Q. Okay. And did you review Zydney in its
`entirety before today's deposition, in addition to your
`review in preparation of your declarations?
` A. Yes.
` Q. And when did you review Zydney in preparation
`for today's deposition?
` A. At some point last week.
` Q. Okay. And do you understand the disclosure of
`Zydney?
` A. I believe so, yes.
` Q. Do you believe you've had enough time to review
`the disclosure of Zydney?
` A. Yes.
` Q. Okay. If you can go to page 14 of Zydney.
` A. I have it in front of me.
`
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` WILLIAM C. EASTTOM, II
` Q. I want to ask you: What would be a person of
`ordinary skill in the art's understanding at the time of
`the alleged invention of software agent as described in
`Zydney?
` MR. LOVELESS: Objection, form, scope.
` A. I don't believe that was part of my declaration
`opinions, but reading Zydney sitting in front of me now,
`the very first paragraph on the page that you directed
`my attention to states: Software agent sender with a
`simple software agent loaded on a personal computer or
`other internet compatible appliance, the sender will
`log-on, authenticate, and notify the central server of
`its status. To create a message, the software agent
`will address, pack, and send the message in a voice
`container.
` So reading what Zydney states at the top of
`page 14, this is defining a software agent as, first of
`all, software. It's loaded on some personal computer or
`any other internet-compatible appliance, and it's used
`to -- well, essentially, to log-on and notify the
`central server of its status and to pack these voice
`containers that are central throughout Zydney. The
`voice container is the critical part of Zydney.
` Q. And is it also -- you may have mentioned this
`
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` WILLIAM C. EASTTOM, II
`-- a recipient software agent within Zydney's system? I
`think it's described there as well on page 14, but if
`you want to look at some other places, you can.
` A. The best place to look at it is on page 14, and
`it's two paragraphs down: Software agent recipient. If
`the recipient is not online, the messages will be
`transported to them when they log-on to a network. The
`software agent will open the voice container upon
`arrival and play the message to the user.
` So, again, we're back to these containers,
`and the recipient software agent is responsible for
`opening and unpacking them.
` Q. And what is a container, to a person of
`ordinary skill in the art reading Zydney at the time of
`the alleged invention?
` A. Well, that one, I believe, I actually discuss
`in my declaration. So if you will give me just a
`moment. We are still on IPR 799 -- 1799?
` Q. Yes. I'm discussing both declarations.
` A. Well, I want to make sure I'm looking at the
`right declaration and don't...
` Q. Sure. Either one is fine. If you just let me
`know which one you're looking at.
` A. Certainly. I'm looking at the 1799, please.
`
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` WILLIAM C. EASTTOM, II
` Q. Okay.
` A. Well, a great deal of that answer to your
`question comes from paragraph 37 of this declaration.
` Q. Okay.
` A. And I actually quote Zydney in there, so it's
`directly from the Zydney patent. Zydney explains: The
`present invention is a system and method for voice
`exchange and voice distribution utilizing a voice
`container.
` Zydney, emphasis added: Those voice
`containers can be stored, transcoded, and routed to the
`appropriate recipients instantaneously or stored for
`later delivery.
` I go on to state, Zydney explains that: A
`voice container is a container object that contains no
`methods but contains voice data or voice data and voice
`data properties.
` In my opinion, a person of ordinary skill
`in the art would have understood that Zydney's voice
`container is an object using object-oriented programming
`language, with which I am very familiar, such as Java or
`C++.
` Q. Does Zydney's voice container include an
`identifier of the sending software agent?
`
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` WILLIAM C. EASTTOM, II
` A. One moment, please.
` Q. I just noticed this. If it's helpful, I think
`figure 3 is an example of voice container.
` A. I'm first checking my declaration. I see that
`I mentioned Griffin, but I don't yet find Zydney
`discussing those sorts of things.
` Ah, paragraph 46: Zydney's voice container
`is not an audio file. In fact, Zydney teaches that the
`voice container is specifically used to carry far more
`than just audio data. Specifically, figure 3 of Zydney
`shows that the voice container includes a large amount
`of other information, such as originator's code,
`recipient's code, originating time, delivery time,
`number of plays, voice container source, voice container
`reuse restrictions, delivery priority, session values,
`and repeating information.
` Q. So the originator's code, is that referring to
`the software agent of the originator?
` A. One moment, please.
` Q. Sure.
` A. Where did you see figure 3, what page, if you
`could refresh my memory?
` Q. In Zydney?
` A. Yes, please. It's a rather long document.
`
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` WILLIAM C. EASTTOM, II
` Q. It is.
` A. So I think I found it.
` Q. Page 4 of 15, I believe.
` A. I'm seeing it on page 45 of 56.
` Q. Oh, are you reading the exhibit number?
` A. No, I'm reading the page 45 of 56.
` Q. Yeah, so the page of the exhibit. So it's
`Exhibit 1006, page 45 of 56 of that exhibit?
` A. That is correct.
` Could you please repeat the question? I've
`lost track of it in the process.
` Q. Sure.
` The originator's code, which is the term
`used in your declaration, is that referring to the
`software agent of the originator?
` A. I don't specifically recall sitting here.
`Allow me to look through Zydney and see what it says.
` Well, I'm reading off page 30 of 56 in
`Zydney, and it states: Each software agent on the
`system will have a 32-character agent ID.
` But it doesn't explicitly say that that
`originator or recipient ID is the agent ID, but that
`seems like a possibility.
` Q. Okay. Where were you reading from? I'm sorry.
`
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` WILLIAM C. EASTTOM, II
` A. I'm sorry. Page -- well, it's actually
`numbered page 29, but it says at the bottom page 30 of
`56. I'm not sure why the discrepancy in the numbering.
` Q. One is an exhibit number and one is the page
`number of Zydney itself. So the -- which number are you
`reading, from the bottom left?
` A. Bottom left, page 30 of 56, which is page 29
`with the other number.
` Q. Okay. Flipping through Zydney, it looks like
`on page 34 --
` A. Which page 34?
` Q. -- of Zydney itself.
` A. Okay.
` Q. The first full paragraph there.
` A. Beginning with "Each message"?
` Q. Yes, sir.
` A. Each message will have a unique identifier that
`will encode the sending software agent's identifier, the
`destination software agents, and nonregistered users,
`the codec used, the date and time of the message, the
`forwarding rules and permissions, the body of the
`message, and whether the message was received, played,
`or deleted without listening.
` So to answer your initial question,
`
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` WILLIAM C. EASTTOM, II
`apparently, yes.
` Q. Okay. And then in figure 3, there's also a
`recipient's code, which you also reference in paragraph
`46 of your 1799 declaration. Just a similar question as
`before, but is that referring to the identifier of the
`destination software agent?
` A. Yes.
` Q. Okay. So we can go back to page 14. Let me
`know when you're ready.
` A. The first full paragraph begins with "Software
`agent sender"?
` Q. Correct.
` A. Then I am ready.
` Q. In the last paragraph that begins on page 14, I
`think, it runs to the next page, it states: To use the
`present invention system and method for voice exchange
`and voice distribution, the originator selects one or
`more intended recipients from a list of names that have
`been previously entered into the software agent.
` Do you see that?
` A. Yes, I do.
` Q. Okay. And then the next sentence states: The
`agent permits a number of distinct modes of
`communication based on the status of the recipient.
`
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` WILLIAM C. EASTTOM, II
` Do you see that?
` A. Yes, I do.
` Q. What is the status of the recipient?
` A. Well, just a --
` MR. LOVELESS: Form.
` A. -- few sentences down, it begins: The status
`of all recipients entered into the software agent is
`frequently conveyed to the software agent by the central
`server. This includes whether the core states of
`whether the recipient is online or offline but also
`offers related status information, for example, whether
`the recipient does not want to be disturbed.
` Q. Looking on page 15, a paragraph that begins on
`14 and ends on 15 -- I'm referring to the page numbers
`of Zydney itself, do you see the sentence, "Considering
`just the two core states, the software agent offers the
`originator alternative ways to communicate with the
`recipient"?
` A. Yes, I see that sentence.
` Q. The two core states, is that referring to
`online and offline?
` MR. LOVELESS: Objection, form.
` A. Well, according to the sentence I just
`previously read, it explicitly states: This includes
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` WILLIAM C. EASTTOM, II
`whether the core states of whether the recipient is
`online or offline.
` Q. Okay. So the alternative ways of communicating
`based on the two core states, are those described
`beginning in the next two paragraphs? You have the
`first full paragraph on 15 that says, "If online," and
`then the second full paragraph that says, "If offline"?
` A. That's correct.
` Q. Okay. And so if online, Zydney explains that:
`The originator can either begin a real-time intercom
`call which simulates a telephone call, or a voice
`instant messaging session, which allows for
`interruptible conversations.
` Do you see that?
` A. That is precisely what the sentence says.
` Q. So if the core state of the software agent is
`online, the software agent can communicate with the
`recipient using either the real-time intercom call
`method or the voice messaging method?
` A. To be clear and to put it in my own words, if
`the recipient is online, the originator can choose to
`send that voice container either intercom fashion or to
`be opened and unpacked and utilized later.
` Q. What do you mean by that last part? You lost
`
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` WILLIAM C. EASTTOM, II
`me.
` So you stated in either -- it can be
`communicated in either intercom fashion or be opened and
`unpacked.
` A. Well, the difference between the intercom and
`the messaging and the way they put messaging is -- he
`explicitly states -- at least here; there's other parts,
`of course, where he discusses it. He states: Which
`allows for an interruptible conversation.
` So the difference here is I have this voice
`container that contains a bunch of different things.
`How do I want to deliver it to you? Now, if you're
`online, I have a couple of choices. Intercom mode means
`I'm delivering you that container right now.
`Presumably, your recipient agent will unpack the
`container and extract some message from inside it in
`real time, presumably.
` The second option is I'm sending it to you,
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