Tanzeem Choudhury
`
`New York, NY
`
`7/13/2018
`Page 1
`
` 1 UNITED STATES PATENT AND TRADEMARK OFFICE
`
` 2 BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
` 3 -----------------------------x
`
` 4 FITBIT, INC.,
`
` 5
`
` 6
`
`Petitioner,
`
`vs.
`
` 7 BLACKBIRD TECH LLC d/b/a
`
` 8 BLACKBIRD TECHNOLOGIES,
`
` 9
`
`Patent Owner.
`
` 10 Case IPR2017-02012
`
` 11 Patent 6,434,212
`
` 12 -----------------------------x
`
`DEPOSITION OF TANZEEM CHOUDHURY
`
`Friday, July 13, 2018
`
`New York, New York
`
` 13
`
` 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
`
` 23 REPORTED BY:
`
` 24 Christina Diaz, CRC, CRR, RMR, CSR, CLR
`
` 25 Job No.: 79794
`
`1-800-FOR-DEPO
`
`Alderson Court Reporting
`
`www.AldersonReporting.com
`
`IPR2017-02012
`Patent Owner's Exhibit 2003
`Page 1 of 134
`
`
`
`New York, NY
`
`7/13/2018
`Page 1
`
` 1 UNITED STATES PATENT AND TRADEMARK OFFICE
`
` 2 BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
` 3 -----------------------------x
`
` 4 FITBIT, INC.,
`
` 5
`
` 6
`
`Petitioner,
`
`vs.
`
` 7 BLACKBIRD TECH LLC d/b/a
`
` 8 BLACKBIRD TECHNOLOGIES,
`
` 9
`
`Patent Owner.
`
` 10 Case IPR2017-02012
`
` 11 Patent 6,434,212
`
` 12 -----------------------------x
`
`DEPOSITION OF TANZEEM CHOUDHURY
`
`Friday, July 13, 2018
`
`New York, New York
`
` 13
`
` 14
`
` 15
`
` 16
`
` 17
`
` 18
`
` 19
`
` 20
`
` 21
`
` 22
`
` 23 REPORTED BY:
`
` 24 Christina Diaz, CRC, CRR, RMR, CSR, CLR
`
` 25 Job No.: 79794
`
`1-800-FOR-DEPO
`
`Alderson Court Reporting
`
`www.AldersonReporting.com
`
`IPR2017-02012
`Patent Owner's Exhibit 2003
`Page 1 of 134
`
`
`
`Tanzeem Choudhury
`
`New York, NY
`
`7/13/2018
`Page 2
`
` 1
`
` 2
`
` 3
`
` 4
`
` 5
`
` 6
`
` 7
`
` 8
`
` 9
`
` 10
`
` 11
`
`July 13, 2018
`
`9:30 a.m.
`
`Deposition of TANZEEM CHOUDHURY, taken
`
` 12 by Patent Owner, pursuant to notice, at the offices
`
` 13 of Baker Botts, LLP, 30 Rockefeller Plaza, New
`
` 14 York, New York, before Christina Diaz, a Certified
`
` 15 Realtime Captioner, Certified Realtime and
`
` 16 Registered Merit Reporter and Notary Public within
`
` 17 and for the State of New York.
`
` 18
`
` 19
`
` 20
`
` 21
`
` 22
`
` 23
`
` 24
`
` 25
`
`1-800-FOR-DEPO
`
`Alderson Court Reporting
`
`www.AldersonReporting.com
`
`IPR2017-02012
`Patent Owner's Exhibit 2003
`Page 2 of 134
`
`
`
`Tanzeem Choudhury
`
`New York, NY
`
`A P P E A R A N C E S
`
`7/13/2018
`Page 3
`
`BAKER BOTTS LLP
`
`Attorneys for Petitioner
`
`1001 Page Mill Road
`
`Building One, Suite 200
`
`Palo Alto, CA 94304
`650.739.7509
`BY: HARPER BATTS, ESQ.
`
`harper.batts@bakerbotts.com
`
`CHRIS PONDER, ESQ.
`
`chris.ponder@bakerbotts.com
`
`DAVIDSON BERQUIST JACKSON & GOWDEY, LLP
`
`Attorneys for Patent Owner
`
`8300 Greensboro Drive
`
`Suite 500
`
`McLean, VA 22102
`
`571.765.7700
`
`BY: ALDO NOTO, ESQ.
`
`anoto@dbjg.com
`
` 1
`
` 2
`
` 3
`
` 4
`
` 5
`
` 6
`
` 7
`
` 8
`
` 9
`
` 10
`
` 11
`
` 12
`
` 13
`
` 14
`
` 15
`
` 16
`
` 17
`
` 18
`
` 19
`
` 20
`
` 21
`
` 22
`
` 23
`
` 24
`
` 25
`
`1-800-FOR-DEPO
`
`Alderson Court Reporting
`
`www.AldersonReporting.com
`
`IPR2017-02012
`Patent Owner's Exhibit 2003
`Page 3 of 134
`
`
`
`7/13/2018
`Page 4
`
`PAGE
`
`5
`
`127
`
`New York, NY
`
`I N D E X
`
`Tanzeem Choudhury
`
` 1
`
` 2 WITNESS
`
` 3 Tanzeem Choudhury
`
` 4 EXAMINATION BY
`
` 5 Mr. Noto
`
` 6 Mr. Batts
`
` 7
`
` 8
`
` 9
`
` 10
`
` 11
`
`Afternoon Session - 66
`
`E X H I B I T S
`
` 12 EXHIBIT
`
`DESCRIPTION
`
`PAGE
`
` 13
`
` 14
`
` 15
`
` 16
`
` 17
`
` 18
`
`- NONE -
`
`*Exhibits are retained*
`
`INFORMATION REQUESTS
`
` 19 INSERTED INFORMATION
`
` 20 REQUESTS FOR PRODUCTION
`
` 21 INSTRUCTIONS TO CERTIFY:
`
` 22 RULING:
`
`- NONE -
`
`- NONE -
`
`- NONE -
`
`- NONE -
`
` 23
`
` 24
`
` 25
`
`1-800-FOR-DEPO
`
`Alderson Court Reporting
`
`www.AldersonReporting.com
`
`IPR2017-02012
`Patent Owner's Exhibit 2003
`Page 4 of 134
`
`
`
`Tanzeem Choudhury
`
`New York, NY
`
`7/13/2018
`Page 5
`
` 1 T A N Z E E M C H O U D H U R Y,
`
` 2
`
` 3
`
` 4
`
`having been duly sworn by a Notary
`
`Public, was examined and testified as
`
`follows:
`
` 5 EXAMINATION
`
` 6 BY MR. NOTO:
`
` 7
`
`Q.
`
`My name is Aldo Noto. We just
`
` 8 introduced each other. May I have your full name
`
` 9 for the record?
`
` 10
`
` 11
`
` 12
`
` 13
`
` 14
`
` 15
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`My name is Tanzeem Choudhury.
`
`And what county do you live in?
`
`Monroe County.
`
`Have you ever been deposed before?
`
`No.
`
`No. Okay. Other than the declaration
`
` 16 that you provided in this case, have you ever
`
` 17 provided a declaration before?
`
` 18
`
` 19
`
`A.
`
`Q.
`
`I have.
`
`Can you tell me what cases you've
`
` 20 provided declarations in?
`
` 21
`
`A.
`
`I will have to look through my e-mails
`
` 22 and previous declarations to pull up that list.
`
` 23
`
`Q.
`
`Okay. Have you ever testified in court
`
` 24 before?
`
` 25
`
`A.
`
`I have not.
`
`1-800-FOR-DEPO
`
`Alderson Court Reporting
`
`www.AldersonReporting.com
`
`IPR2017-02012
`Patent Owner's Exhibit 2003
`Page 5 of 134
`
`
`
`Tanzeem Choudhury
`
`New York, NY
`
`7/13/2018
`Page 6
`
` 1
`
`Q.
`
`Have not. Okay. So just a little bit
`
` 2 of background. I'll be asking questions. You'll
`
` 3 be answering questions. If you don't understand my
`
` 4 question, we can have the court reporter repeat it
`
` 5 or I can repeat it for you. If you need a break,
`
` 6 just let us know, we'll take a break. We can't
`
` 7 speak over each other because the court reporter is
`
` 8 trying to record. So try to avoid doing that as
`
` 9 much as possible.
`
` 10
`
` 11
`
`A.
`
`Q.
`
`(Nodding affirmatively).
`
`And during the day, during the
`
` 12 deposition, while you're allowed to speak with your
`
` 13 lawyer on breaks, you can't discuss the testimony
`
` 14 that's being provided.
`
` 15
`
` 16
`
` 17
`
` 18
`
` 19
`
` 20
`
` 21
`
` 22
`
`A.
`
`(Nodding affirmatively).
`
`MR. BATTS: I would note that the court
`
`reporter has already noted that you've been
`
`nodding affirmatively. Let's try to have
`
`verbal responses instead of nonverbal
`
`responses. Okay?
`
`THE WITNESS: Understood.
`
`MR. NOTO: Thank you.
`
` 23 BY MR. NOTO:
`
` 24
`
`Q.
`
`What have you reviewed in preparation
`
` 25 for this deposition today?
`
`1-800-FOR-DEPO
`
`Alderson Court Reporting
`
`www.AldersonReporting.com
`
`IPR2017-02012
`Patent Owner's Exhibit 2003
`Page 6 of 134
`
`
`
`Tanzeem Choudhury
`
`New York, NY
`
`7/13/2018
`Page 7
`
` 1
`
`A.
`
`So I have reviewed an extensive set of
`
` 2 documents. And I will have to look through my
`
` 3 folders to give a complete list.
`
` 4
`
`Q.
`
`Okay. Let me ask you a different line
`
` 5 of questioning first, ma'am. Are you on any
`
` 6 medication that would prevent you from testifying
`
` 7 truthfully today?
`
` 8
`
` 9
`
`A.
`
`Q.
`
`I take hypertension medication.
`
`Will that prevent you from testifying
`
` 10 today -- testifying truthfully today?
`
` 11
`
`A.
`
`As far as I understand and my doctors
`
` 12 understand, no.
`
` 13
`
`Q.
`
`Okay. Is there anything else that would
`
` 14 prevent you from testifying truthfully today?
`
` 15
`
` 16
`
` 17
`
` 18
`
` 19
`
` 20
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`No.
`
`Okay. Have you ever been arrested?
`
`No.
`
`Have you ever been charged with a crime?
`
`No.
`
`How long did you -- how many hours did
`
` 21 you take in preparing for this deposition?
`
` 22
`
`A.
`
`Specifically just for the deposition or
`
` 23 generating my expert witness?
`
` 24
`
`Q.
`
`No. Specifically now in preparation for
`
` 25 the deposition today.
`
`1-800-FOR-DEPO
`
`Alderson Court Reporting
`
`www.AldersonReporting.com
`
`IPR2017-02012
`Patent Owner's Exhibit 2003
`Page 7 of 134
`
`
`
`Tanzeem Choudhury
`
`New York, NY
`
`7/13/2018
`Page 8
`
` 1
`
`A.
`
`I would have to look at the specific
`
` 2 hours that I have counted for, which I can't
`
` 3 precisely recall from memory. I do count the
`
` 4 hours.
`
` 5
`
`Q.
`
`Okay. Can you tell me, was it more than
`
` 6 one day?
`
` 7
`
` 8
`
` 9
`
` 10
`
` 11
`
` 12
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`Yes.
`
`Was it more than three days?
`
`How many hours per day?
`
`Approximately eight hours.
`
`No.
`
`And where did you prepare for the --
`
` 13 where did you review the materials in preparation
`
` 14 for the deposition today?
`
` 15
`
`A.
`
`I reviewed the materials at home. I
`
` 16 reviewed materials in New York City when I flew in
`
` 17 for the deposition.
`
` 18
`
`Q.
`
`Okay. How many days did you spend in
`
` 19 meetings in New York City?
`
` 20
`
` 21
`
`A.
`
`Q.
`
`I flew in yesterday morning.
`
`Did you meet with one of your attorneys
`
` 22 to review for the deposition?
`
` 23
`
` 24
`
`A.
`
`Q.
`
`I met with my counsel.
`
`Okay. Now, can you tell me what --
`
` 25 repeating the question from earlier, can you tell
`
`1-800-FOR-DEPO
`
`Alderson Court Reporting
`
`www.AldersonReporting.com
`
`IPR2017-02012
`Patent Owner's Exhibit 2003
`Page 8 of 134
`
`
`
`Tanzeem Choudhury
`
`New York, NY
`
`7/13/2018
`Page 9
`
` 1 me what you have reviewed, the documents you have
`
` 2 reviewed, in preparation for this deposition today?
`
` 3
`
`A.
`
`I believe I answered the question. I
`
` 4 have to generate an exhaustive list. I have to
`
` 5 look at my folders where I saved the documents.
`
` 6
`
`Q.
`
`Okay. Did you review the petition for
`
` 7 this inter partes review?
`
` 8
`
` 9
`
`A.
`
`Q.
`
`I have.
`
`Okay. Did you review the patent owner's
`
` 10 preliminary response for this inter partes review?
`
` 11
`
` 12
`
`A.
`
`Q.
`
`I have.
`
`Did you review the decision disputing
`
` 13 the inter partes review?
`
` 14
`
` 15
`
`A.
`
`Q.
`
`I have.
`
`Did you review the declaration that you
`
` 16 submitted in this inter partes review?
`
` 17
`
` 18
`
`A.
`
`Q.
`
`I have.
`
`Did you review a patent called the Amano
`
` 19 patent, which is Exhibit 1003?
`
` 20
`
`A.
`
`Can you give me the patent, just so that
`
` 21 I can verify the exhibit number and what I have
`
` 22 reviewed?
`
` 23
`
` 24
`
` 25
`
`MR. NOTO: For the record, I'm handing
`
`the doctor Exhibit 1003, the Amano patent,
`
`'684 patent.
`
`1-800-FOR-DEPO
`
`Alderson Court Reporting
`
`www.AldersonReporting.com
`
`IPR2017-02012
`Patent Owner's Exhibit 2003
`Page 9 of 134
`
`
`
`Tanzeem Choudhury
`
`New York, NY
`
`7/13/2018
`Page 10
`
` 1
`
`A.
`
`Yes, I have.
`
` 2 BY MR. NOTO:
`
` 3
`
`Q.
`
`Okay. Did you review the patent where
`
` 4 the first inventor is named Kato in your
`
` 5 preparation for this deposition today?
`
` 6
`
` 7
`
`A.
`
`Q.
`
`Can you give me the patent?
`
`Yes. For the record, it's Exhibit 1004.
`
` 8 I'm handing the document Kato, et al., Exhibit
`
` 9 1004, patent '013.
`
` 10
`
` 11
`
`A.
`
`Q.
`
`Yes, I have it.
`
`And in preparation for this deposition,
`
` 12 did you review the patent that's been challenged in
`
` 13 this inter partes review, the '212 patent which is
`
` 14 Exhibit 1001?
`
` 15
`
` 16
`
` 17
`
` 18
`
` 19
`
`A.
`
`Q.
`
`Yes. I'd like to take a look at it.
`
`Sure.
`
`MR. NOTO: For the record, I am handing
`
`the doctor Exhibit 1001, the Pyles patent
`
`number '212.
`
` 20 BY MR. NOTO:
`
` 21
`
`Q.
`
`Did you review that patent, the '212
`
` 22 patent?
`
` 23
`
` 24
`
`A.
`
`Q.
`
`Yes.
`
`Is there anything beyond the documents
`
` 25 that are before you and that we've discussed that
`
`1-800-FOR-DEPO
`
`Alderson Court Reporting
`
`www.AldersonReporting.com
`
`IPR2017-02012
`Patent Owner's Exhibit 2003
`Page 10 of 134
`
`
`
`Tanzeem Choudhury
`
`New York, NY
`
`7/13/2018
`Page 11
`
` 1 you reviewed in preparation for the deposition?
`
` 2
`
`A.
`
`Again, I would have to look at my list,
`
` 3 which is on my computer.
`
` 4
`
`Q.
`
`Okay. Did you review a document called
`
` 5 Defendant's Proposed Claim Construction?
`
` 6
`
` 7
`
` 8
`
` 9
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`Can you pass me the document?
`
`Offhand, you don't recall?
`
`I would have to see the document.
`
`How about the document called
`
` 10 Blackbird's Proposed Claim Construction?
`
` 11
`
` 12
`
`A.
`
`Q.
`
`I would have to see the document.
`
`Have you reviewed any documents
`
` 13 regarding claim construction?
`
` 14
`
` 15
`
` 16
`
` 17
`
` 18
`
`A.
`
`I would have to look through my files.
`
`MR. NOTO: For the record, I am handing
`
`the witness Exhibit 1008 entitled, "Defendant
`
`Fitbit and Others Proposed Claim
`
`Construction," dated August 25th, 2017.
`
` 19 BY MR. NOTO:
`
` 20
`
`Q.
`
`Same question. Have you reviewed this
`
` 21 document in preparation for this deposition?
`
` 22
`
` 23
`
`A.
`
`(Witness reviewing document).
`
`I have not reviewed it in the last three
`
` 24 days. I prepared for this. My expert declaration
`
` 25 is about a year ago. I don't recall whether I
`
`1-800-FOR-DEPO
`
`Alderson Court Reporting
`
`www.AldersonReporting.com
`
`IPR2017-02012
`Patent Owner's Exhibit 2003
`Page 11 of 134
`
`
`
`Tanzeem Choudhury
`
`New York, NY
`
`7/13/2018
`Page 12
`
` 1 looked at this document or not.
`
` 2
`
`Q.
`
`Okay. Can you tell me approximately how
`
` 3 much time did you spend in preparing your
`
` 4 declaration?
`
` 5
`
` 6
`
` 7
`
`A.
`
`Q.
`
`A.
`
`A year ago?
`
`Yes.
`
`I won't be able to tell that without
`
` 8 looking at my records.
`
` 9
`
` 10
`
` 11
`
` 12
`
` 13
`
`MR. NOTO: For the record, I'm handing
`
`the doctor Exhibit 1005 entitled,
`
`"Declaration of Dr. Tanzeem Choudhury in
`
`Support of Petition for Inter Partes Review
`
`of U.S. Patent 6,434,212."
`
` 14 BY MR. NOTO:
`
` 15
`
`Q.
`
`And my question is: Is that the
`
` 16 declaration that you submitted in the inter partes
`
` 17 review for patent '212 that you were describing?
`
` 18
`
` 19
`
`A.
`
`Q.
`
`Yes.
`
`Are you reviewed any materials from
`
` 20 other -- any other inter partes reviews in
`
` 21 preparation for your deposition today?
`
` 22
`
`A.
`
`I have to look at my records to answer
`
` 23 that question.
`
` 24
`
`Q.
`
`Have you in the course of working on
`
` 25 your declaration or preparing for this deposition
`
`1-800-FOR-DEPO
`
`Alderson Court Reporting
`
`www.AldersonReporting.com
`
`IPR2017-02012
`Patent Owner's Exhibit 2003
`Page 12 of 134
`
`
`
`Tanzeem Choudhury
`
`New York, NY
`
`7/13/2018
`Page 13
`
` 1 reviewed any documents from any other inter partes
`
` 2 reviews?
`
` 3
`
`A.
`
`I'd have to look at my records to answer
`
` 4 that question.
`
` 5
`
`Q.
`
`Are you aware of any other inter partes
`
` 6 reviews regarding the '212 patent which is Exhibit
`
` 7 1001?
`
` 8
`
`A.
`
`I don't recall. I'd have to look at my
`
` 9 records.
`
` 10
`
`Q.
`
`Have you reviewed documents or materials
`
` 11 from any federal district court proceedings in
`
` 12 preparing your declaration or in preparation for
`
` 13 this deposition?
`
` 14
`
`A.
`
`I would need clarification on that
`
` 15 question.
`
` 16
`
`Q.
`
`Okay. Did you review any documents that
`
` 17 were regarding a dispute in a district court
`
` 18 proceeding as opposed to an inter partes review
`
` 19 proceeding?
`
` 20
`
` 21
`
`A.
`
`Q.
`
`I have to look at my documents.
`
`Did you review any deposition
`
` 22 transcripts in preparation for your deposition here
`
` 23 today?
`
` 24
`
` 25
`
`A.
`
`Q.
`
`1-800-FOR-DEPO
`
`No.
`
`Can you tell us where you went to high
`
`Alderson Court Reporting
`
`www.AldersonReporting.com
`
`IPR2017-02012
`Patent Owner's Exhibit 2003
`Page 13 of 134
`
`
`
`Tanzeem Choudhury
`
` 1 school?
`
` 2
`
` 3
`
` 4
`
` 5
`
` 6
`
` 7
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`New York, NY
`
`7/13/2018
`Page 14
`
`Bangladesh.
`
`Where in Bangladesh?
`
`Dhaka.
`
`When did you finish high school?
`
`1992.
`
`And when did you first come to the
`
` 8 United States?
`
` 9
`
` 10
`
`A.
`
`Q.
`
`1993.
`
`Did you begin residing in the United
`
` 11 States after 1993?
`
` 12
`
` 13
`
`A.
`
`Q.
`
`Yes.
`
`When did you begin your studies, your
`
` 14 undergraduate studies?
`
` 15
`
` 16
`
`A.
`
`Q.
`
`1993.
`
`And where did you begin your
`
` 17 undergraduate studies in 1993?
`
` 18
`
` 19
`
`A.
`
`Q.
`
`University of Rochester.
`
`How many years did you study at the
`
` 20 University of Rochester?
`
` 21
`
` 22
`
`A.
`
`Q.
`
`Four.
`
`Did you earn a degree after your four
`
` 23 years of study?
`
` 24
`
` 25
`
`A.
`
`Q.
`
`1-800-FOR-DEPO
`
`Yes. I earned a degree.
`
`And what degree did you earn from the
`
`Alderson Court Reporting
`
`www.AldersonReporting.com
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`IPR2017-02012
`Patent Owner's Exhibit 2003
`Page 14 of 134
`
`
`
`Tanzeem Choudhury
`
`New York, NY
`
`7/13/2018
`Page 15
`
` 1 University of Rochester?
`
` 2
`
`A.
`
`Bachelor of science in electrical
`
` 3 engineering.
`
` 4
`
`Q.
`
`In May of 1997, after graduating from
`
` 5 the University of Rochester, what did you do next?
`
` 6
`
`A.
`
`I went to Bangladesh to visit my parents
`
` 7 before starting grad school.
`
` 8
`
`Q.
`
`And how long did you stay in Bangladesh
`
` 9 during 1997?
`
` 10
`
` 11
`
`A.
`
`Q.
`
`I returned in August 1997.
`
`So it's fair to say that from May of
`
` 12 1997 to August of 1997, you were in Bangladesh?
`
` 13
`
`A.
`
`Yes. But I would have to go back there
`
` 14 to see if I took any family trips or take any trips
`
` 15 outside, but I did go to Bangladesh.
`
` 16
`
`Q.
`
`Okay. During the period from May of
`
` 17 1997 to August of 1997, did you work or study?
`
` 18
`
`A.
`
`It is 21 years ago, so it's hard to
`
` 19 recall if I did internship or not. I do not
`
` 20 recall. But I cannot conclusively confirm. And I
`
` 21 think a question about study, are you asking was I
`
` 22 -- if I was enrolled in a degree program.
`
` 23
`
`Q.
`
`Yes. Let's start with that. Were you
`
` 24 enrolled in any program during the summer of 1997?
`
` 25
`
`A.
`
`I had already accepted to start my
`
`1-800-FOR-DEPO
`
`Alderson Court Reporting
`
`www.AldersonReporting.com
`
`IPR2017-02012
`Patent Owner's Exhibit 2003
`Page 15 of 134
`
`
`
`Tanzeem Choudhury
`
`New York, NY
`
`7/13/2018
`Page 16
`
` 1 masters at MIT in August, but I had not started it.
`
` 2
`
`Q.
`
`Okay. And by May of 1997 did you
`
` 3 complete a thesis?
`
` 4
`
` 5
`
` 6
`
`A.
`
`Q.
`
`A.
`
`I did.
`
`What was the name of the thesis?
`
`I cannot give you the exact title. It
`
` 7 was on facial feature tracking.
`
` 8
`
`Q.
`
`And when did you finish the thesis on
`
` 9 facial feature tracking?
`
` 10
`
`A.
`
`I finished it by the time I graduated.
`
` 11 Beyond that, I cannot give a specific date.
`
` 12
`
`Q.
`
`Okay. Maybe this will help us. If you
`
` 13 go to your declaration, which is Exhibit 1005, and
`
` 14 you go to the page marked 93 at the bottom
`
` 15 right-hand corner, it should bring you to appendix
`
` 16 A of your declaration. Immediately following that
`
` 17 is your CV.
`
` 18
`
` 19
`
` 20
`
` 21
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`Yes.
`
`Do you see that?
`
`Yes.
`
`Does that help you now in your
`
` 22 recollection of what the title of your thesis was
`
` 23 that was completed prior to May of 1997?
`
` 24
`
`A.
`
`Yes. It was, "Face and Facial Feature
`
` 25 Extraction and Tracking in Video Sequences."
`
`1-800-FOR-DEPO
`
`Alderson Court Reporting
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`www.AldersonReporting.com
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`IPR2017-02012
`Patent Owner's Exhibit 2003
`Page 16 of 134
`
`
`
`Tanzeem Choudhury
`
`New York, NY
`
`7/13/2018
`Page 17
`
` 1
`
` 2
`
`Q.
`
`Very good. Thank you.
`
`From August of 1997 until October of
`
` 3 1998, can you tell us what activities or studies
`
` 4 you were involved in?
`
` 5
`
` 6
`
`A.
`
`Q.
`
`I was doing a master's at MIT.
`
`And what were you studying as part of
`
` 7 the master's degree program at MIT?
`
` 8
`
`A.
`
`I was at the Media Lab, and I got my
`
` 9 degree from the Media Lab.
`
` 10
`
`Q.
`
`Okay. And during the school year from
`
` 11 August of 1997 until May of 1998 were you taking
`
` 12 courses, class courses, at MIT in the Media Lab?
`
` 13
`
`A.
`
`Between August of 1997 and May of 1998,
`
` 14 I believe I did. I will have to look at my
`
` 15 transcript or records to enumerate what I have
`
` 16 taken.
`
` 17
`
`Q.
`
`Okay. Do you happen to recall what
`
` 18 classes or courses you took during that first
`
` 19 school year of your master's program at MIT?
`
` 20
`
` 21
`
`A.
`
`Q.
`
`Not from memory.
`
`Can you tell me what you were doing
`
` 22 during the summer of 1998 -- from May of 1998 until
`
` 23 August of 1998?
`
` 24
`
` 25
`
`A.
`
`Q.
`
`May of 1998 to?
`
`August of 1998.
`
`1-800-FOR-DEPO
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`Alderson Court Reporting
`
`www.AldersonReporting.com
`
`IPR2017-02012
`Patent Owner's Exhibit 2003
`Page 17 of 134
`
`
`
`Tanzeem Choudhury
`
` 1
`
` 2
`
`A.
`
`Q.
`
`New York, NY
`
`Not from memory.
`
`Okay. Can you tell me what you were
`
`7/13/2018
`Page 18
`
` 3 doing or studying from August of 1998 until October
`
` 4 of 1998?
`
` 5
`
` 6
`
`A.
`
`Q.
`
`Not from memory.
`
`Does your CV, Exhibit 1005, which is
`
` 7 before you, does that assist you in recalling what
`
` 8 you might have been studying from August of 1997
`
` 9 until October of 1998?
`
` 10
`
` 11
`
` 12
`
` 13
`
`A.
`
`Q.
`
`A.
`
`August of 1997 to October of 1998?
`
`Yes.
`
`(Witness reviewing document).
`
`I was enrolled as a student at MIT. Did
`
` 14 you want me to look at anything specifically for
`
` 15 that time period.
`
` 16
`
`Q.
`
`I'm just asking in general if there's
`
` 17 anything in here that would help us understand what
`
` 18 you were doing from August of 1997 until October of
`
` 19 1998. And if there isn't, that's fine.
`
` 20
`
`A.
`
`August of 1997 to October 1998. Well, I
`
` 21 was a research assistant at Media Lab from
`
` 22 September 1997 to August of 2003. So I continued
`
` 23 as a research assistant.
`
` 24
`
`Q.
`
`Okay. And that is reflected in Exhibit
`
` 25 1005, page 94, towards the bottom of the page where
`
`1-800-FOR-DEPO
`
`Alderson Court Reporting
`
`www.AldersonReporting.com
`
`IPR2017-02012
`Patent Owner's Exhibit 2003
`Page 18 of 134
`
`
`
`Tanzeem Choudhury
`
`New York, NY
`
`7/13/2018
`Page 19
`
` 1 it says, "Research Assistant, Media Laboratory,
`
` 2 MIT, Cambridge, Mass." September 1997 on through
`
` 3 August of 2003, is that correct?
`
` 4
`
` 5
`
`A.
`
`Q.
`
`Correct.
`
`What did you do as a research assistant
`
` 6 in the media laboratory from September of 1997
`
` 7 through October of 1998?
`
` 8
`
`A.
`
`I was conducting research towards my
`
` 9 master's degree and taking classes and engaging in
`
` 10 intellectual activities of the university.
`
` 11
`
`Q.
`
`Can you tell us what your undergraduate
`
` 12 thesis entitled, "Face and Facial Feature
`
` 13 Extraction and Tracking in Video Sequences," what
`
` 14 that was about?
`
` 15
`
`A.
`
`It was about tracking facial features
`
` 16 and extracting features from video.
`
` 17
`
`Q.
`
`Did it have anything to do with facial
`
` 18 recognition?
`
` 19
`
`A.
`
`Are you asking whether it did person
`
` 20 identification?
`
` 21
`
`Q.
`
`Yes. Let's start there. Did it do
`
` 22 person identification?
`
` 23
`
` 24
`
` 25
`
`A.
`
`Q.
`
`A.
`
`1-800-FOR-DEPO
`
`No.
`
`Did it do person recognition?
`
`Can you define the difference?
`
`Alderson Court Reporting
`
`www.AldersonReporting.com
`
`IPR2017-02012
`Patent Owner's Exhibit 2003
`Page 19 of 134
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`
`
`Tanzeem Choudhury
`
`New York, NY
`
`7/13/2018
`Page 20
`
` 1
`
`Q.
`
`I'm not sure that I can. Do they mean
`
` 2 the same thing, person recognition and facial
`
` 3 recognition or identity recognition -- I'm sorry.
`
` 4 Strike that.
`
` 5
`
`Do facial recognition and person
`
` 6 identification, do they mean the same thing?
`
` 7
`
` 8
`
`MR. BATTS: Objection. Form.
`
`A.
`
`Whether facial recognition and person
`
` 9 identification --
`
` 10 BY MR. NOTO:
`
` 11
`
` 12
`
` 13
`
` 14
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Yes.
`
`Whether they are the same thing?
`
`Yes.
`
`Typically, in the field, there is a
`
` 15 distinction.
`
` 16
`
` 17
`
`Q.
`
`A.
`
`And what would that distinction be?
`
`Face recognition is recognizing a human
`
` 18 face. Person identification is identifying who the
`
` 19 face belongs to.
`
` 20
`
` 21
`
`Q.
`
`Very well.
`
`So your undergraduate thesis, "Face and
`
` 22 Facial Feature Extraction and Tracking in Video
`
` 23 Sequences," did that thesis involve either facial
`
` 24 recognition or person identification?
`
` 25
`
`A.
`
`I did that research more than 21 years
`
`1-800-FOR-DEPO
`
`Alderson Court Reporting
`
`www.AldersonReporting.com
`
`IPR2017-02012
`Patent Owner's Exhibit 2003
`Page 20 of 134
`
`
`
`Tanzeem Choudhury
`
`New York, NY
`
`7/13/2018
`Page 21
`
` 1 ago. I cannot recall that from memory.
`
` 2
`
` 3
`
` 4
`
` 5
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Did you publish a paper in 1998?
`
`Did I publish a paper in 1998?
`
`Yes.
`
`Are you asking me to look at a specific
`
` 6 part of my CV?
`
` 7
`
` 8
`
`Q.
`
`A.
`
`Sure. Why don't we do that.
`
`Actually, let me refer you to paragraph
`
` 9 48 of your declaration, which is Exhibit 1005, at
`
` 10 exhibit page 23. I will ask you the question again
`
` 11 once you've had an opportunity to read this.
`
` 12
`
`Q.
`
`The question is: Did you publish a
`
` 13 paper in 1998 entitled, "Multi-Modal Person
`
` 14 Recognition using Unconstrained Audio and Video"?
`
` 15
`
`A.
`
`I did work on a research, Multi-Modal
`
` 16 Person Recognition Using Unconstrained Audio and
`
` 17 Video. I wrote a paper about it that was submitted
`
` 18 at conference, and then it was accepted and it was
`
` 19 published. The specific date of when the paper was
`
` 20 written, when it was accepted, and when it was
`
` 21 published is something that I don't recall.
`
` 22
`
`Q.
`
`Okay. It was sometime during the year
`
` 23 1998?
`
` 24
`
`A.
`
`It was sometime after the start of my
`
` 25 graduate program at MIT in 1997. And I definitely
`
`1-800-FOR-DEPO
`
`Alderson Court Reporting
`
`www.AldersonReporting.com
`
`IPR2017-02012
`Patent Owner's Exhibit 2003
`Page 21 of 134
`
`
`
`Tanzeem Choudhury
`
`New York, NY
`
`7/13/2018
`Page 22
`
` 1 presented it. I would have to look at my -- when
`
` 2 the actual presentation was. So it was written,
`
` 3 accepted sometime in-between, so...
`
` 4
`
`Q.
`
`For the record, she is reviewing her
`
` 5 declaration.
`
` 6
`
` 7
`
` 8
`
`A.
`
`Q.
`
`A.
`
` 9 my CV.
`
`So it was officially presented in 1999.
`
`And where can I find that information?
`
`It is page 101 of Exhibit 1005, which is
`
` 10
`
`Q.
`
`Are you looking at the Exhibit 1005, the
`
` 11 bottom right-hand number page 101?
`
` 12
`
` 13
`
` 14
`
` 15
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`Yes.
`
`And where is it on this page?
`
`C.53.
`
`C.53. Thank you. C.53 of the annex to
`
` 16 Exhibit 1005 lists the names of apparently four
`
` 17 authors. And then it says, "Multimodal Person
`
` 18 Recognition using Unconstrained Audio and Video.
`
` 19 In Second Conference on Audio- and Video-based
`
` 20 Biometric Person Authentication," 1999. And then
`
` 21 it lists some page numbers and an acceptance rate.
`
` 22
`
` 23
`
` 24
`
`A.
`
`Q.
`
`Is that the entry you're referring to?
`
`Yes.
`
`So how many authors were involved in the
`
` 25 paper entitled, "Multi-Modal Person Recognition
`
`1-800-FOR-DEPO
`
`Alderson Court Reporting
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`www.AldersonReporting.com
`
`IPR2017-02012
`Patent Owner's Exhibit 2003
`Page 22 of 134
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`
`
`Tanzeem Choudhury
`
`New York, NY
`
`7/13/2018
`Page 23
`
` 1 using Unconstrained Audio and Video"?
`
` 2
`
` 3
`
` 4
`
` 5
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`The authors on the paper list.
`
`These names in C.53 of Exhibit 1005?
`
`Correct.
`
`What was your contribution to this
`
` 6 publication in 1999, do you recall?
`
` 7
`
` 8
`
` 9 1999?
`
` 10
`
` 11
`
` 12
`
` 13
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`I'm the lead author.
`
`Do you know when this was presented in
`
`Which month?
`
`Yes.
`
`I do not recall.
`
`Can you tell us the paper that you
`
` 14 referred to in paragraph 48 of your declaration as
`
` 15 being published in 1998. Can you tell us where
`
` 16 that was published?
`
` 17
`
`A.
`
`So I believe that I am referring to the
`
` 18 paper that was presented in 1999. I would have to
`
` 19 look at my records to confirm that it was written
`
` 20 and submitted in 1998.
`
` 21
`
`Q.
`
`So the paper was -- the paper that
`
` 22 you're referring to in paragraph 48 of your
`
` 23 declaration was actually published in 1999 in the
`
` 24 AVBPA Journal, is that correct?
`
` 25
`
`A.
`
`The paper was officially presented in
`
`1-800-FOR-DEPO
`
`Alderson Court Reporting
`
`www.AldersonReporting.com
`
`IPR2017-02012
`Patent Owner's Exhibit 2003
`Page 23 of 134
`
`
`
`Tanzeem Choudhury
`
`New York, NY
`
`7/13/2018
`Page 24
`
` 1 1999. And it would have been written and accepted
`
` 2 and approved for publication in proceedings prior
`
` 3 to that.
`
` 4
`
`Q.
`
`So the paper would have been approved
`
` 5 sometime prior to its presentation at the Second
`
` 6 Conference on Audio- and Video-Based Biometric
`
` 7 Person Authentication in 1999, is that correct?
`
` 8
`
` 9
`
`A.
`
`Q.
`
`Correct.
`
`And the acronym AVBPA stands for Audio-
`
` 10 and Video-Based Biometric Person Authentication, is
`
` 11 that correct? Referring to C.53 of Exhibit 1005.
`
` 12
`
` 13
`
`A.
`
`Q.
`
`Correct.
`
`Okay. So can you tell me whether that
`
` 14 paper that was submitted to AVBPA was submitted
`
` 15 prior to or after October 28, 1998?
`
` 16
`
` 17
`
`A.
`
`Q.
`
`I don't recall.
`
`Can you tell us what the paper being
`
` 18 referred to in C.53 of Exhibit 1005, what the
`
` 19 subject matter of the paper was?
`
` 20
`
`A.
`
`It was on person recognition using
`
` 21 multimodal signals from unconstrained audio and
`
` 22 video.
`
` 23
`
`Q.
`
`Okay. And can you tell us what person
`
` 24 recognition means to you?
`
` 25
`
`A.
`
`Identifying who an individual is.
`
`1-800-FOR-DEPO
`
`Alderson Court Reporting
`
`www.AldersonReporting.com
`
`IPR2017-02012
`Patent Owner's Exhibit 2003
`Page 24 of 134
`
`
`
`Tanzeem Choudhury
`
`New York, NY
`
`7/13/2018
`Page 25
`
` 1
`
`Q.
`
`Did that involve facial recognition,
`
` 2 that paper?
`
` 3
`
` 4
`
`A.
`
`Q.
`
`It involved recognizing a face.
`
`Was your research for this paper
`
` 5 performed on still pictures or video streamed
`
` 6 pictures?
`
` 7
`
` 8
`
` 9
`
` 10
`
`A.
`
`Q.
`
`A.
`
`Q.
`
` 11 pictures?
`
`Video.
`
`I'm sorry. Video streaming.
`
`It was on video.
`
`Why was video used rather than still
`
` 12
`
`A.
`
`Video is a sequence of still pictures.
`
` 13 Video often can be present in a lot of situations
`
` 14 where facial recognition is needed.
`
` 15
`
`Q.
`
`And for the facial recognition, did your
`
` 16 research -- study the facial features on still
`
` 17 pictures?
`
` 18
`
` 19
`
`A.
`
`Q.
`
`Yes.
`
`Prior to October of 1998, let's say
`
` 20 prior to October 28th of 1998, did you do any
`
` 21 research or development or manufacturing work of
`
` 22 any pedometers?
`
` 23
`
`A.
`
`I did not do any manufacturing work on
`
` 24 pedometers. I was in a graduate program where
`
` 25 emphasis in a group that worked on wearables,
`
`1-800-FOR-DEPO
`
`Alderson Court Reporting
`
`www.AldersonReporting.com
`
`IPR2017-02012
`Patent Owner's Exhibit 2003
`Page 25 of 134
`
`
`
`Tanzeem Choudhury
`
`New York, NY
`
`7/13/2018
`Page 26
`
` 1 invented wearables, and worked on multimodal
`
` 2 signals.
`
` 3
`
`What specifically I researched 21 years
`
` 4 ago is not in my memory.
`
` 5
`
`Q.
`
`What was the name of the graduate
`
` 6 program that had an emphasis on wearables?
`
` 7
`
`A.
`
`When I joined the group which has gone
`
` 8 through changes, it was called VISMOD.
`
` 9
`
` 10
`
` 11
`
` 12 for?
`
` 13
`
` 14
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`Could you spell that, please?
`
`V-I-S-M-O-D.
`
`And do you know what that acronym stands
`
`Vision and Modelling.
`
`Did that group do any research or
`
` 15 development of a pedometer?
`
` 16
`
`A.
`
`The group included the MIT wearables
`
` 17 team, which invented and worked on and researched
`
` 18 on an array of wearable devices.
`
` 19
`
`Q.
`
`When did you first join the VISMOD
`
` 20 group?
`
` 21
`
`A.
`
`When I started my master's degree at MIT
`
` 22 in 1997, the fall of 1997.
`
` 23
`
`Q.
`
`What work did you do at the VISMOD group
`
` 24 between fall of 1997 and October of 1998?
`
` 25
`
`A.
`
`As a graduate student, you -- in the
`
`1-800-FOR-DEPO
`
`Alderson Court Reporting
`
`www.AldersonReporting.com
`
`IPR2017-02012
`Patent Owner's Exhibit 2003
`Page 26 of 134
`
`
`
`Tanzeem Choudhury
`
`New York, NY
`
`7/13/2018
`Page 27
`
` 1 first year or beyond, you are constantly expanding
`
` 2 your knowledge in that field while executing on
`
` 3 specific research projects. I was doing all of
`
` 4 that.
`
` 5
`
`Q.
`
`What specific research projects were you
`
` 6 working on between September of 1997 and October of
`
` 7 1998?
`
` 8
`
`A.
`
`Again, it's 21 years ago. I can't
`
` 9 recall all the things I worked on.
`
` 10
`
`Q.
`
`Did you work on development or research
`
` 11 regarding wearable motion detector devices prior to
`
` 12 October 28, 1998?
`
` 13
`
`A.
`
`I cannot recall specifically, so I
`
` 14 cannot confirm or deny. At some point during my
`
` 15 graduate degree, I worked on wearables.
`
` 16
`
`Q.
`
`Did the wearables that you work on
`
` 17 during sometime -- during your graduate program
`
` 18 involve measuring acceleration of body parts?
`
` 19
`
` 20
`
`A.
`
`Q.
`
`Yes.
`
`When did you do that work in measuring
`
` 21 acceleration of body parts?
`
` 22
`
` 23
`
`A.
`
`Q.
`
`I cannot recall specific dates.
`
`How was the acceleration of body parts
`
` 24 measured in your research?
`
` 25
`
`A.
`
`Using a wearable device. Can you be
`
`1-800-FOR-DEPO
`
`Alderson Court Reporting
`
`www.AldersonReporting.com
`
`IPR2017-02012
`Patent Owner's Exhibit 2003
`Page 27 of 134
`
`
`
`Tanzeem Choudhury
`
`New York, NY
`
`7/13/2018
`Page 28
`
` 1 more specific?
`
` 2
`
`Q.
`
`Did the research involve the use of
`
` 3 MEMs?
`
` 4
`
` 5
`
` 6
`
` 7
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`Use of MEMs?
`
`Yes.
`
`Yes.
`
`What were you measuring with -- let's
`
` 8 back up a second. What does MEMs mean to you?
`
` 9
`
`A.
`
`It's an integrated circuit for measuring
`
` 10 -- making measurements.
`
` 11
`
`Q.
`
`What kind of measurements was your
`
` 12 research group using the MEMs devices for?
`
` 13
`
` 14
`
`A.
`
`Q.
`
`I cannot recall.
`
`Prior to October 28, 1998, did you
`
` 15 perform any research or development in the exercise
`
` 16 science field?
`
` 17
`
` 18
`
`MR. BATTS: Objection. Form.
`
`A.
`
`Can you be more specific? What do you
`
` 19 mean by exercise science field?
`
` 20 BY MR. NOTO:
`
` 21
`
`Q.
`
`In your expert report, Exhibit 1005, you
`
` 22 use the term "exercise science."
`
` 23
`
` 24
`
` 25
`
`Can you tell me what that term means?
`
`A.
`
`Q.
`
`What specific part are you referring to?
`
`It's used several times in your expert
`
`1-800-FOR-DEPO
`
`Alderson Court Reporting
`
`www.AldersonReporting.com
`
`IPR2017-02012
`Patent Owner's Exhibit 2003
`Page 28 of 134
`
`
`
`Tanzeem Choudhury
`
`New York, NY
`
`7/13/2018
`Page 29
`
` 1 declaration, the term "exercise science." Here's
`
` 2 one occasion. Exhibit 1005, exhibit page 73,
`
` 3 paragraph 127. Can you tell me what exercise
`
` 4 science means?
`
` 5
`
` 6
`
` 7
`
`A.
`
`Q.
`
`A.
`
`Page 73?
`
`Correct.
`
`In my opinion, I was considering
`
` 8 technology solutions that could be applied in
`
` 9 tracking a measurement of physical activity of
`
` 10 people.
`
` 11
`
`Q.
`
`So if I understand you correctly, your
`
` 12 understanding of the term "exercise science" based
`
` 13 on your last answer is technology solutions that
`
` 14 could be applied in tracking a measurement of
`
` 15 physical activity of a person?
`
` 16
`
`A.
`
`It would -- in my opinion, how
`
` 17 technology could be used in the context of
`
` 18 exercise, I am
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