Page 1
`
`IN THE UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`----------------------------------------------------
`FUNDAMENTAL INNOVATION SYSTEMS )
`INTERNATIONAL LLC,
`Plaintiff, ) Case No.
`VS. ) 2:17-cv-00145 JRG-RSP
`)
`SAMSUNG ELECTRONICS CO., LTD. )
`)
`and SAMSUNG ELECTRONICS
`AMERICA, INC.
`Defendants. )
`_________________________________)__________________
`
`))
`
`))
`
`IN THE UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`----------------------------------------------------
`FUNDAMENTAL INNOVATION SYSTEMS )
`INTERNATIONAL LLC,
`Plaintiff, ) Case No.
`VS. ) 2:17-cv-00145 JRG-RSP
` )
`LG ELECTRONICS, INC. et al., )
` )
`Defendants. )
`_________________________________)__________________
`
`))
`
`VIDEOTAPED DEPOSITION OF DANIEL FISCHER
`Mississauga, Ontario
`May 9, 2018
`
`(CAPTIONS CONTINUED)
`Reported by:
`Karin Jenkner, CSR, RPR, CRR
`Job no.: 21520
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Fundamental Ex 2023-p. 1
`ZTE et al v Fundamental
`IPR2018-00111
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`----------------------------------------------------
`FUNDAMENTAL INNOVATION SYSTEMS )
`INTERNATIONAL LLC,
`Plaintiff, ) Case No.
`VS. ) 2:17-cv-00145 JRG-RSP
`)
`SAMSUNG ELECTRONICS CO., LTD. )
`)
`and SAMSUNG ELECTRONICS
`AMERICA, INC.
`Defendants. )
`_________________________________)__________________
`
`))
`
`))
`
`IN THE UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`----------------------------------------------------
`FUNDAMENTAL INNOVATION SYSTEMS )
`INTERNATIONAL LLC,
`Plaintiff, ) Case No.
`VS. ) 2:17-cv-00145 JRG-RSP
` )
`LG ELECTRONICS, INC. et al., )
` )
`Defendants. )
`_________________________________)__________________
`
`))
`
`VIDEOTAPED DEPOSITION OF DANIEL FISCHER
`Mississauga, Ontario
`May 9, 2018
`
`(CAPTIONS CONTINUED)
`Reported by:
`Karin Jenkner, CSR, RPR, CRR
`Job no.: 21520
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Fundamental Ex 2023-p. 1
`ZTE et al v Fundamental
`IPR2018-00111
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` IN THE UNITED STATES DISTRICT COURT
` EASTERN DISTRICT OF TEXAS
` MARSHALL DIVISION
` ----------------------------------------------------
` FUNDAMENTAL INNOVATION SYSTEMS )
` INTERNATIONAL LLC, )
` )
` Plaintiff, ) Case No.
` VS. ) 2:17-cv-00145 JRG-RSP
` )
` HUAWEI DEVICE CO., LTD. and )
` HUAWEI DEVICE USA, INC. )
` )
` Defendants. )
` _________________________________)__________________
` IN THE UNITED STATES DISTRICT COURT
` EASTERN DISTRICT OF TEXAS
` MARSHALL DIVISION
` ----------------------------------------------------
` FUNDAMENTAL INNOVATION SYSTEMS )
` INTERNATIONAL LLC, )
` )
` Plaintiff, ) Case No.
` VS. ) 2:17-cv-00145 JRG-RSP
` )
` ZTE CORPORATION, ZTE )
` (USA), INC. and ZTE (TX), INC. )
` )
` )
` Defendants. )
` _________________________________)__________________
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` Videotaped oral deposition of DANIEL FISCHER,
` called by the Samsung Defendants herein at the
` offices of Hilton Toronto Airport, 5875 Airport
` Road, Mississauga, Ontario, Canada on Wednesday, the
` 9th day of May, 2018, at 9:18 a.m. EST, before Karin
` Jenkner, CSR, RPR, CRR, Certified Shorthand Reporter
` in and for the Province of Ontario.
`
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`Page 4
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`A P P E A R A N C E S:
`
`For Plaintiff and Witness:
`IRELL & MANELLA LLP
`BY: GARY N. FRISCHLING, ESQ.
`1800 Avenue of the Stars
`Suite 900
`Los Angeles, CA 90067-4276
`Tel. 310-277-1010
`Fax: 310-203-7199
`E-mail: Gfrischling@irell.com
`
`For Plaintiff:
`QUINN EMANUEL URQUHART & SULLIVAN, LLP
`BY: BRIAN P. BIDDINGER, ESQ.
`51 Madison Avenue, 22nd Floor
`New York, NY 10010
`Tel. 212-849-7000
`Fax: 212-849-7100
`E-mail: Brianbiddinger@quinnemanuel.com
`
`For Witness:
`KELLY & CO.
`BY: BRIAN R. KELLY, ESQ.
`903 - 50 Queen Street North
`Kitchener, Ontario
`Canada
`Tel. 519-579-3360
`Fax: 519-579-2556
`E-mail: Bkelly@kellylaw.com
`
`For Samsung Defendants :
`KIRKLAND & ELLIS LLP
`BY: TODD M. FRIEDMAN, ESQ.
`ALEX HENRIQUES, ESQ.
`601 Lexington Avenue
`New York, NY 10022
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
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` Fax: 212-446-6460
` E-mail: Todd.friedman@kirkland.com
` alex.henriques@kirkland.com
`
`Page 5
`
` For LG Defendants:
` KASOWITZ BENSON TORRES LLP
` BY: HERSHY STERN, ESQ.
` 1633 Broadway Avenue
` New York, NY 10019
` Tel. 212-506-1794
` Fax: 212-506-1800
` E-mail: Hstern@kasowitz.com
`
` For ZTE Defendants:
` McDERMOTT WILL and EMERY
` BY: HERSH MEHTA, ESQ.
` 444 West Lake Street
` Chicago, IL 60606-0029
` Tel. 312-984-7612
` Fax: 312-984-7700
` E-mail: Hmehta@mwe.com
`
` For Huawei Defendants:
` COVINGTON & BURLING LLP
` BY: MATTHEW PHELPS, ESQ.
` The New York Times Building
` 620 Eighth Avenue
` New York, NY 10018-1405
` Tel. 212-841-1000
` E-mail: Mphelps@cov.com
`
` ALSO PRESENT:
` Vivian Caldas Da Silva - Kelly & Co.
` Peter Goodale, CLVS - Videographer
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
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` INDEX OF PROCEEDINGS
`
`Page 6
`
` WITNESS: DANIEL FISCHER: AFFIRMED
` EXAMINATION PAGE
` By Mr. Friedman 11
`
` QUESTIONS WITNESS INSTRUCTED NOT TO ANSWER: 17
` INFORMATION TO BE SUPPLIED: N/a
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`Page 7
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` INDEX OF EXHIBITS
` NO./ DESCRIPTION PAGE
` EXHIBIT 1 marked for identification: 45
` Provisional Application for
` Patent dated 3/2/01, Bates
` SAMSUNG_FISI00005131-195
` EXHIBIT 2 marked for identification: 102
` Universal Serial Bus
` Specification, Bates SAMSUNG_FISI
` 118913-119562
` EXHIBIT 3 marked for identification: 116
` Battery Charging Specification
` Revision 1.0, March 8, 2007,
` Bates SAMSUNG_FISI00127179-207
` EXHIBIT 4 marked for identification: 129
` United States Patent No. US
` 7,239,111 B2, dated July 3, 2007
` EXHIBIT 5 marked for identification: 134
` United States Patent No. US
` 6,936,936 B2, dated August 30,
` 2005
` EXHIBIT 6 marked for identification: 186
` BlackBerry 62xx/65xx Travel
` Charger Electrical and Mechanical
` Specifications, RIM Par No.:
`
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`Page 8
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` ASY-04078-001, Revision 3, Bates
` FISCHER0001-0010
` EXHIBIT 7 marked for identification: 220
` Bundle of consecutively numbered
` handwritten pages,
` FISI-145-00003349 through -3390
`
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`Page 9
`
` --- Upon commencing at 9:18 a.m.
` THE VIDEOGRAPHER: This is Peter Goodale,
` Certified Legal Videographer, from
` TransPerfect Legal Solutions. We are
` going on the record on Wednesday, May 9, 09:18
` 2018, at the time indicated on the video,
` which is 9:18 a.m.
` Here begins Media No. 1 in the
` deposition of Daniel Fischer, taken by the
` Defendant, in the matter of Fundamental 09:18
` Innovation Systems International LLC,
` versus Samsung Electronics Co., Ltd.,
` et al., Case No. 2:17-cv-00145-JRG, filed
` in the United States District Court for
` the Eastern District of Texas, Marshall 09:18
` Division, and being held at the Hilton
` Toronto Airport, 5875 Airport Road,
` Mississauga, Ontario, Canada.
` The court reporter is Karin Jenkner,
` from the firm, TransPerfect Legal 09:18
` Solutions.
` Counsel, please introduce yourselves
` and state whom you represent. Then the
` court reporter will swear in or affirm the
` witness. 09:18
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`Page 10
` MR. FRIEDMAN: Todd Friedman, from 09:19
` Kirkland & Ellis, representing Samsung,
` and with me today is Alex Henriques, also
` from Kirkland & Ellis.
` MR. STERN: Hershy Stern from Kasowitz, 09:19
` Benson, Torres, representing the LG
` Defendants.
` MR. MEHTA: Hersh Mehta. I represent ZTE.
` MR. PHELPS: Matthew Phelps, from
` Covington & Burling, representing the 09:19
` Huawei Defendants.
` MR. KELLY: Brian Kelly, representing
` Daniel Fischer as Canadian counsel, with
` Vivian Da Silva as my assistant and
` co-counsel. 09:19
` THE VIDEOGRAPHER: Thank you.
` MR. BIDDINGER: Brian Biddinger, from
` Quinn Emanuel, representing the Plaintiff.
` MR. FRISCHLING: Gary Frischling, from
` Irell & Manella, representing Plaintiff 09:19
` and also the witness, Mr. Fischer.
` THE VIDEOGRAPHER: Thank you.
` Will the court reporter please swear
` in or affirm the witness.
` DANIEL FISCHER, 09:19
`
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`Page 11
` having been duly affirmed, 09:19
` was examined and testified as follows:
` EXAMINATION BY MR. FRIEDMAN:
` Q. Good morning, Mr. Fischer.
` A. Good morning. 09:20
` Q. Could you please state your name for
` the record?
` A. My name is Daniel Fischer.
` Q. And, Mr. Fischer, do you have any
` degrees? 09:20
` A. I have three degrees. My first
` degree I attained was at the University of Waterloo.
` I attained a Bachelor of Engine or -- Engineering or
` Applied Science, as it's called, in computer
` engineering. I -- that was 1997. 09:20
` In 1998, I attained a general arts degree,
` also at the University of Waterloo.
` And in 2013, I attained a Master's of
` Electrical and Computer Engineering at the Elec- --
` at the University of Waterloo. 09:20
` Q. And other than the course work
` involved in obtaining those degrees, have you taken
` any other courses?
` A. I have taken a few courses at the
` University of Waterloo for non-degree, and there 09:21
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`Page 12
` have been some, I would call them pseudo-courses, at 09:21
` Research In Motion/BlackBerry that were offered
` while I was in employment there.
` Q. And what were the other courses you
` took at Waterloo? 09:21
` A. They were primarily fine arts --
` Q. Okay.
` A. -- and art history.
` Q. And how about the "pseudo-courses,"
` as you mentioned, that you took at Research In 09:21
` Motion/BlackBerry?
` A. There were things -- the courses that
` I had taken were things such as learning CDMA,
` learning agile project management, design of
` experiments. So courses along those types of line 09:21
` that aided in the, in the job that I was doing.
` Q. Have you ever been deposed?
` A. I have never been deposed.
` Q. And -- okay. You understand that the
` answers are being given under oath, and you have the 09:22
` same obligation to testify truthfully as you would
` if you were in a court of law.
` Do you understand that?
` A. My understanding is, all my answers
` are truthful. 09:22
`
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` I'm referring to? 09:37
` A. I am aware of the five patents. I
` have seen all five of those patents.
` Q. And is it okay if I collectively
` refer to them as the "Fischer patents"? 09:37
` A. It is okay to refer to those five
` patents in this matter as the Fischer patents.
` MR. FRISCHLING: Maybe it would be good
` for the record if we just identify what
` they are. 09:37
` MR. FRIEDMAN: Sure. I'm going to
` identify them by their last three numbers
` if that's okay: The '936 patent, the '111
` patent, the '586 patent, the '766 patent,
` and the '550 patent. 09:37
` Q. Now, after receiving your degrees,
` Mr. Fischer, did you begin employment at BlackBerry,
` previously known as Research In Motion?
` A. After completing my arts degree, I
` re- -- I got employment at Research In Motion. I 09:38
` had my wisdom teeth removed, so I took a little time
` after I graduated before I started employment. My
` master's degree was completed part-time while
` employed at Research In Motion/BlackBerry.
` Q. And just for the record, when did you 09:38
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`Page 24
` begin employment at Research In Motion/BlackBerry? 09:38
` A. I started working at Research In
` Motion August 1998.
` Q. And what was your first job title, if
` you remember? 09:39
` A. My first job title was either
` hardware developer or hardware designer. I don't
` recall which was the initial title.
` Q. And how long were you a hardware
` developer or hardware designer? 09:39
` A. I moved to a different role in the
` middle of 2001, so I expect it was around three
` years.
` Q. And can you describe your
` responsibilities as a hardware developer/designer? 09:39
` A. At RIM, I was responsible for the
` electronic accessories and cradles. I designed and
` developed and managed cradles, travel chargers,
` AC adapters, automotive chargers.
` Q. And I think you mentioned that you 09:40
` took on a new role or a different role in the middle
` of 2001.
` What was that?
` A. I moved to a quality assurance team.
` And I felt that I had accomplished a great deal as a 09:40
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`Page 25
` hardware designer. I put a portfolio in place with 09:40
` a vendor base, and I wanted to manage a different
` aspect of the portfolio. So I moved to a quality
` assurance team, managing the portfolio from that
` perspective. 09:40
` Q. Could you describe that a little bit
` more, what your responsibilities were on the quality
` assurance team?
` A. So initially my responsibilities on
` the quality assurance team were to do design 09:40
` assurance on all the electronic accessories,
` including supply-chain management and safety.
` I would manage the qualifications of all
` the accessory devices, manage any safety issues
` which arised (sic), and I took on additional roles 09:41
` managing the handheld quality validation of all the
` handsets. So I did both those roles in tandem.
` Q. And how long were you in that role on
` the quality assurance team?
` A. In 2006, so for approximately five 09:41
` years, I was working in the quality assurance team.
` And then I moved to manage the handheld hardware
` projects.
` (Query by reporter)
` Projects. So -- sorry -- to clarify, I 09:41
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` was responsible for the hardware development and 09:41
` managing the hardware development of RIM and
` BlackBerry's handsets.
` Q. And that role began, you said, in
` 2- -- the middle of 2006 or sometime in 2006, right? 09:42
` A. I believe I started in the project
` management team in the spring of 2006. It was
` either 2006 or 2007. It was the same year I started
` my master's.
` Q. And how long were you involved with 09:42
` the project management team?
` A. I was in the hardware project
` management role for nine years. The teams to which
` I reported changed from a project management office
` to the hardware team itself. During that time, I 09:42
` managed the development of ten handsets.
` Q. And that took you through, I guess,
` 2015 or 2016; is that right?
` A. 2015 is when my employment at
` BlackBerry ended. 09:43
` Q. And what were the circumstances under
` which your employment ended?
` A. As is well known, BlackBerry went
` through a rapid decline in the hardware space, and
` as part of that decline, they let go most of their 09:43
`
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`REPORTER'S CERTIFICATE
`
`I, KARIN A. JENKNER, RPR, CRR, CSR (ONT.),
`Certified Shorthand Reporter, certify:
`That the foregoing proceedings were taken
`before me at the time and place therein set forth,
`at which time the deponent was put under oath by me;
`That the testimony of the deponent and all
`objections made at the time of the examination were
`recorded stenographically by me and were thereafter
`transcribed;
`That the foregoing is a true and correct
`transcript of my shorthand notes so taken.
`I further certify that I am not a relative
`or employee of any attorney or of any of the
`parties, nor financially interested in the action.
`I declare that the foregoing is true and
`
`correct.
`
`Dated this 15th day of May, 2018.
`
`A/
`Karin A. Jenkner, CRR,V RPR, CSR (Ontario)
`(My Commissioner of Oaths expires July 19, 2019!
`
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