In The Matter Of:
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`Uniloc USA, Inc., et al. v.
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`Apple, Inc.
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`Theresa Lanowitz
`
`August 29, 2018
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`Video Deposition
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`68 Commercial Wharf • Boston, MA 02110
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`888.825.3376 - 617.399.0130
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`Global Coverage
`
`court-reporting.com
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`Original File Theresa Lanowitz 8-29-18.txt
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`Min-U-Script® with Word Index
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`APPL-1035 / IPR2018-00361
`Apple v. Uniloc / Page 1 of 95
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`

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`Uniloc USA, Inc., et al. v.
`Apple, Inc.
`
`Video Deposition
`
`Page 1
`
`Theresa Lanowitz
`August 29, 2018
`
`Page 3
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` 1 UNITED STATES DISTRICT COURT
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` 1 ORACLE
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` 2 NORTHERN DISTRICT OF CALIFORNIA
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` 2 475 Sansome Street, 12th Floor
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` 3 SAN FRANCISCO DIVISION
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` 3 San Francisco, California 94111
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` 4
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` 4 415 402 7256
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` 5 UNILOC USA, INC., and Case No.: 3:18-cv-00360-WHA
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` 5 By Mr. Andrew Temkin, Senior Corporate Counsel
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` 6 UNILOC LUXEMBOURG, S.A., Case No.: 3:18-cv-00363-WHA
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` 6 Counsel for the Deponent
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` 7 Plaintiffs, Case No.: 3:18-cv-00365-WHA
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` 7
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` 8 v. Case No.: 3:18-cv-00572-WHA
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` 8 Also Present: Mick Irwin - Videographer
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` 9 APPLE INC.,
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`10 Defendants.
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`11
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`12 VIDEOTAPED DEPOSITION OF THERESA LANOWITZ
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`13 Taken in behalf of the Plaintiffs
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`14 August 29, 2018
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`15 (Pages 76 through 267 videotaped)
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`16 * * *
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` 1 BE IT REMEMBERED THAT, pursuant to Federal
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` 1 INDEX
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` 2 Rules of Civil Procedure, the deposition of THERESA
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` 2 WITNESS EXAMINATION
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` 3 LANOWITZ was taken before Julie A. Walter,
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` 3 THERESA LANOWITZ
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` 4 CSR No. 90-0173 on August 29, 2018, commencing at
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` 4 By Mr. Cartwright 6
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` 5 the hour of 9:01 a.m., the proceedings being
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` 5 By Mr. Winnard 76
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` 6 reported in the offices of Beovich Walter & Friend,
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` 6 By Mr. Cartwright 207
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` 7 1001 SW Fifth Avenue, Suite 1200, Portland, Oregon.
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` 7 By Mr. Winnard 276
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` 8 * * *
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` 9 APPEARANCES
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`10 PRINCE LOBEL TYE LLP
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` 8
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` 9
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`10
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`11 One International Place, Suite 3700
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`11 EXHIBITS
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`12 Boston, Massachusetts 02110
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`12 DEPOSITION EXHIBITS PAGE
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`13 617 456 8087
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`14 By Tyrus Cartwright
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`13 Exhibit 1 Exhibit P; Declaration of 101
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`14 Theresa Lanowitz
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`15 Counsel for the Plaintiffs Uniloc
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`15 (No Bates numbers)
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`16
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`16 Exhibit 2 Jini Architecture Overview 119
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`17 GOLDMAN ISMAIL TOMASELLI BRENNAN & BAUM, LLP
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`17 Jim Waldo;
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`18 564 West Randolph Street, Suite 400
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`18 Uniloc470_00011551-00011568
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`19 Chicago, Illinois 60661
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`19 Exhibit 3 Why Jini Now? 124
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`20 312 681 6000
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`21 By Mr. Doug Winnard
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`20 Uniloc470_00011494-00011509
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`21 Exhibit 4 What is Jini? 132
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`22 Counsel for Defendant Apple, Inc.
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`22 Uniloc470_00011490-00011493
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`23
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`24
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`23
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`24
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`Min-U-Script®
`
`O'Brien & Levine Court Reporting Solutions
`888.825.3376 - mail@court-reporting.com
`
`(1) Pages 1 - 4
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`APPL-1035 / IPR2018-00361
`Apple v. Uniloc / Page 2 of 95
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`Uniloc USA, Inc., et al. v.
`Apple, Inc.
`
`Video Deposition
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`Page 5
`
`Theresa Lanowitz
`August 29, 2018
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`Page 7
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` 1 Exhibit 5 Taking a Step Toward Converting 146
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` 2 The Home Into a Supercomputer
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` 3 Uniloc470_00011546-00011550
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` 4 Exhibit 6 August 1998 Wired magazine cover 151
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` 5 (No Bates Nos.)
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` 6 Exhibit 7 One Huge Computer 153
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` 7 Uniloc470_00011569-00011579
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` 8 Exhibit 8 More than Just Another Pretty 167
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` 9 Name
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`10 Uniloc470_00011457-00011461
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`11 Exhibit 9 Images from Marketing Collateral 167
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`12 APL-LAN_00000006-00000013
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`13
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`14 ** Exhibits retained by stenographer, to be
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`15 returned to Attorney Cartwright.
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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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` 1 them object but if they don't instruct you to not
` 2 answer the question, please try to answer the
` 3 question.
` 4 For the record, what is your name?
` 5 A. My name is Theresa Lanowitz.
` 6 Q. Who is your current employer?
` 7 A. I am currently employed by voke, V-O-K-E.
` 8 Q. How long have you been employed with them?
` 9 A. Since 2006.
`10 Q. And what is your title at your employer?
`11 A. I'm CEO and founder.
`12 Q. Describe your responsibilities at voke?
`13 A. At voke we're an independent industry analyst firm,
`14 and what we do is we provide research, public
`15 speaking, and advisory services to our clients.
`16 Q. Can you please describe your educational
`17 background?
`18 A. Yes. I have a bachelors in computer science from
`19 the University of Pittsburgh.
`20 Q. Did you pursue any post -- post undergraduate
`21 degrees?
`22 A. Post undergraduate, meaning?
`23 Q. After under -- after University of Pittsburgh?
`24 A. So postgraduate?
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`Page 6
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`Page 8
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` 1 THERESA LANOWITZ,
` 2 having first been sworn, testified under oath as
` 3 follows:
` 4
` 5 EXAMINATION
` 6 BY MR. CARTWRIGHT:
` 7 Q. Good morning, Ms. Lanowitz.
` 8 A. Good morning.
` 9 Q. My name is Tyrus Cartwright on behalf of the Uniloc
`10 plaintiffs for Prince Lobel Tye.
`11 MR. TEMKIN: Andrew Temkin on behalf of Oracle
`12 America, which is the successor in interest to Sun
`13 Microsystems and on behalf of the witness.
`14 MR. WINNARD: Doug Winnard of Goldman Ismail
`15 Tomaselli Brennan & Baum on behalf of defendant
`16 Apple, Inc.
`17 Q. BY MR. CARTWRIGHT: So let me just -- I'm just
`18 going to start off with a little bit of ground
`19 rules. If I ask questions and if you don't
`20 understand, just please let me know, otherwise I
`21 have to assume that you understand my question.
`22 Please do not talk during the questions and I
`23 will try not to talk before you are finished and so
`24 forth. And if your counsel objects, you can let
`
` 1 Q. Yes.
` 2 A. I have taken several German classes at Portland
` 3 Community College and a couple of German classes in
` 4 Southern California, but no other formal
` 5 postgraduate work.
` 6 Q. Okay. Have you ever been deposed before?
` 7 A. No, I have not.
` 8 Q. Have you ever testified at trial before?
` 9 A. No, I have not.
`10 Q. Have you ever signed and submitted a declaration
`11 for a case before in addition to this case, or
`12 outside of this case?
`13 A. This is the first one.
`14 Q. Okay. When did you first learn about the Uniloc
`15 versus Apple litigation?
`16 A. Mr. Winnard contacted me by voicemail in the middle
`17 of July and left me a voice mail message and I
`18 phoned him back and that's when I learned about it.
`19 Q. You said middle of July?
`20 A. Yes.
`21 Q. That's 2018?
`22 A. 2018, yes.
`23 Q. What did you discuss when you spoke to Mr. Winnard?
`24 A. The first, very first question he asked me was if
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`O'Brien & Levine Court Reporting Solutions
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`(2) Pages 5 - 8
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`APPL-1035 / IPR2018-00361
`Apple v. Uniloc / Page 3 of 95
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`

`Uniloc USA, Inc., et al. v.
`Apple, Inc.
`
`Video Deposition
`
`Page 9
`
`Theresa Lanowitz
`August 29, 2018
`
`Page 11
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` 1 anybody else had contacted me about this case, and
` 2 I answered no. So he asked me if I had worked at
` 3 Sun Microsystems on the Jini project. I answered
` 4 yes. And he just asked me a little bit about what
` 5 I did at Sun Microsystems on the Jini project, and
` 6 we talked about what Jini did and what the vision
` 7 for Jini was.
` 8 Q. How long was the conversation, generally?
` 9 A. The first conversation was probably about a half an
`10 hour, 45 minutes or so.
`11 Q. Did you have any follow-up conversations with
`12 Mr. Winnard since then?
`13 A. Yes. We had one follow-up phone conversation about
`14 Jini, and then Mr. Winnard came to Portland,
`15 Oregon, July 19th, 2018, and we created the
`16 declaration that is submitted.
`17 Q. On the follow-up call, what did you discuss that
`18 was different from the first phone call?
`19 A. We talked more about the details of Jini, some of
`20 the details of what I had done. On the previous
`21 call I had mentioned that in my current position I
`22 was presenting some information about the Internet
`23 of Things to some of my clients and Jini was really
`24 perceived to be the precursor to the current
`
` 1 the questions, he took notes, and then would
` 2 prepare part of the declaration. And as he was
` 3 preparing sections of the declaration, he would let
` 4 me take a look at it, review it. And if there was
` 5 anything that was inaccurate, misspelled,
` 6 punctuation issues, grammar issues, we corrected it
` 7 realtime.
` 8 Q. Were there multiple drafts of the declaration or
` 9 was it just that one declaration?
`10 A. It was that one declaration.
`11 Q. So you reviewed it in realtime?
`12 A. Yes.
`13 Q. And then signed it and it was complete after that?
`14 A. Yes.
`15 Q. Did Mr. Winnard provide you any documents during
`16 this process of preparing the declaration?
`17 A. I believe he had a copy of some magazine articles
`18 that he had found during his research on Jini, and
`19 he showed me some of the magazine articles, and we
`20 reviewed some of the magazine articles.
`21 Q. Do you know the publication date of those magazine
`22 articles, or were you aware of the publication date
`23 at the time when you were reviewing them?
`24 A. Yes.
`
`Page 10
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`Page 12
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` 1 Internet of Things or IoT.
` 2 So I had mentioned that I had some materials
` 3 that we had created at Jini, some marketing
` 4 materials for the Jini project, and then I had put
` 5 them into a presentation I was currently giving.
` 6 So I sent them to him and on the subsequent call we
` 7 talked about the materials and some of the things
` 8 that I had spoken about in my presentation.
` 9 Q. Were those marketing materials disclosed in this
`10 case or did you cite to those marketing materials
`11 in your declaration?
`12 A. I don't believe those marketing materials were
`13 cited in my -- well, they were. The marketing
`14 materials were cited in my declaration because in
`15 the declaration we talked about the use cases and
`16 those marketing materials specifically referenced
`17 the use cases.
`18 Q. Okay. Who prepared the exhibit that was submitted
`19 for -- as your declaration? Who submit -- who
`20 prepared the declaration that you signed and
`21 submitted?
`22 A. Mr. Winnard created the declaration. We were doing
`23 it realtime. He was sitting at his computer across
`24 from me and asking me questions. And as I answered
`
` 1 Q. Do you recall what those dates were?
` 2 A. Publication date on those articles was 1998, 1999.
` 3 Q. Do you know specifically when in 1998 they were
` 4 published?
` 5 A. I don't know specifically. There are a number of
` 6 articles.
` 7 Q. Are you being paid for your testimony?
` 8 A. Yes, I am.
` 9 Q. Who is paying for your testimony?
`10 A. Mr. Winnard's law firm. And as I do this
`11 testimony, I'm also deferring other billable work
`12 that I should be doing today.
`13 Q. Okay. And how much are you being paid? How much
`14 have you been paid so far for your work on this
`15 case?
`16 A. So can you -- how much am I being paid or how much
`17 have I been paid?
`18 Q. How much have you been paid and how much do you
`19 expect to be paid by the end of today's deposition?
`20 A. Okay.
`21 MR. TEMKIN: Objection. Form of the question.
`22 You can answer.
`23 Q. BY MR. CARTWRIGHT: You can answer.
`24 A. I can answer, okay.
`
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`(3) Pages 9 - 12
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`APPL-1035 / IPR2018-00361
`Apple v. Uniloc / Page 4 of 95
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`

`

`Uniloc USA, Inc., et al. v.
`Apple, Inc.
`
`Video Deposition
`
`Page 13
`
`Theresa Lanowitz
`August 29, 2018
`
`Page 15
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` 1 So I am being paid $500 per hour and, to date,
` 2 my compensation on this case has been approximately
` 3 $6400.
` 4 Q. All right. So we're going to move into the
` 5 declaration. I'm going to offer Exhibit P from
` 6 case number 3:18-CV-00365-WHA, Exhibit P, that was
` 7 filed on August 9, 2018.
` 8 Here is a copy of the declaration.
` 9 What was your employment prior to joining Sun
`10 in December 1997?
`11 A. Prior to joining Sun in December of 1997, I was
`12 working at Borland International Software Company.
`13 Q. And what was your job -- what was your title at
`14 Borland?
`15 A. My title at Borland was product line manager.
`16 Q. And what were your responsibilities?
`17 A. My responsibilities at Borland in that particular
`18 capacity was I was the product manager for J
`19 Builder, which was a Java development environment
`20 built by Borland. I also managed several other
`21 people who were product managers and product
`22 marketing managers on other products.
`23 Q. When you joined Sun Microsystems in December 1997
`24 as the marketing strategist for Jini and only
`
` 1 Q. Did you ever work on the design of Jini?
` 2 A. I did not work on the design. I worked on the use
` 3 cases. The engineers and the architects typically
` 4 worked on the design.
` 5 Q. And did you ever work on the functionalities of
` 6 Jini? So, for example, you said you worked on the
` 7 use cases, but did you contribute to any of the
` 8 functionalities that were projected to be used in
` 9 Jini?
`10 A. So when you say "functionalities," are you
`11 suggesting the source code, so would I be the
`12 person writing the source code, is that what you
`13 are asking?
`14 Q. No, not necessarily, just how Jini functions. So
`15 if Jini functions a certain way, did you contribute
`16 to any ideas that were built into the Jini platform
`17 or the Jini software?
`18 A. Yes, I contributed ideas, but I did not write the
`19 source code.
`20 Q. Okay. Were you ever invited to any of the design
`21 meetings for Jini?
`22 A. Yes.
`23 Q. Can you please describe those -- the format of
`24 those design meetings, like what was discussed and
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`Page 14
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`Page 16
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` 1 worked on until July 1999 when your employment
` 2 ended. Correct?
` 3 A. Yes, that's correct.
` 4 Q. What were your responsibilities as a marketing
` 5 strategist or strategist?
` 6 A. So at Sun, as a marketing strategist on the Jini
` 7 project, I was responsible for creating marketing
` 8 assets that we would give to clients, to press, to
` 9 partners, coming up with use case scenarios about
`10 how the Jini technology would be used, meeting with
`11 customers, partners, press, and so on, and just
`12 generally helping with the positioning and the
`13 messaging of the Jini project.
`14 Q. Were you ever asked to sign a nondisclosure
`15 agreement as part of your employment with Sun?
`16 A. I do not recall.
`17 Q. Do you recall if you actually signed one, a
`18 nondisclosure agreement?
`19 MR. TEMKIN: Objection. Form.
`20 You can answer.
`21 THE WITNESS: With Sun?
`22 Q. BY MR. CARTWRIGHT: Yes.
`23 A. I don't recall if I signed a nondisclosure with
`24 Sun.
`
` 1 how those conversations ended up being applied to
` 2 Jini?
` 3 A. Sure. We had several types of design meetings.
` 4 Some design meetings were for the engineers, the
` 5 people who were actually writing the source code to
` 6 get together and talk about architectural
` 7 structures of how Jini would be built, and
` 8 sometimes we sat in on those as marketing people.
` 9 The other types of things, the other types of
`10 design meetings, they were brainstorming meetings
`11 where we would get together and brainstorm use
`12 cases for Jini saying, How could Jini be used in
`13 the home? How could Jini be used in the office?
`14 How could Jini be used in the car of the future?
`15 So we had a lot of just different brainstorming
`16 scenarios where we would just come together and
`17 figure out different ways that Jini could possibly
`18 be used so that we could go out and talk to
`19 our -- our partners, our prospects, our clients
`20 about how we felt Jini would be used.
`21 Q. Okay. And you did not write any of the source code
`22 for Jini. Correct?
`23 A. I did not write any of the source code.
`24 Q. Did you ever view any of the source code for Jini?
`
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`APPL-1035 / IPR2018-00361
`Apple v. Uniloc / Page 5 of 95
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`

`

`Uniloc USA, Inc., et al. v.
`Apple, Inc.
`
`Video Deposition
`
`Page 17
`
`Theresa Lanowitz
`August 29, 2018
`
`Page 19
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` 1 A. I'm certain that I saw some of the source code, but
` 2 I did not write it and it was not my job to review
` 3 the source code for -- for errors.
` 4 Q. So you weren't able to verify whether or not the
` 5 source code performed the way it was intended as
` 6 discussed in those meetings?
` 7 A. I was able to verify because I actually saw the
` 8 functionality of the source code, so once the
` 9 engineers wrote the source code and put it into a
`10 build for the Jini project, we then saw that if we
`11 said this is how we expected it to function, that
`12 Jini then did function that way.
`13 Q. So do you have any -- do you have any documents or
`14 records to confirm that the way the source code was
`15 written is actually how it performed, or are you
`16 just -- well, can you answer that question, please?
`17 A. I'm not certain I understand what you are asking.
`18 Q. Do you have any documentation to confirm that the
`19 way the source code was written is actually how it
`20 was performed when you view Jini's functionalities?
`21 A. So the documents that I have in my possession are
`22 use case documents where we described what the Jini
`23 project was and also how Jini was supposed to
`24 function according to our specifications.
`
` 1 to our partners about the capabilities of Jini.
` 2 The actual demonstrations of the Jini product, we
` 3 had a separate demonstration team that would
` 4 typically run those demonstrations.
` 5 Q. And you were not a part of that team. Correct?
` 6 A. I was part of the marketing team. That was a
` 7 demonstration team, so in terms of the -- the
` 8 reporting structure, we were all on a peer level
` 9 and reported into the program manager.
`10 Q. So when the presentation team went out or the
`11 demonstration team went out to actually demonstrate
`12 Jini to the public, you were not a part of that
`13 team that went out to demonstrate to the public.
`14 Correct?
`15 A. Sometimes I was, sometimes I wasn't.
`16 Q. So what times were you part of that team?
`17 A. I can recall going to JavaOne in 1998, going to
`18 Jibe, which was the Java Business Expo, late in
`19 1998, definitely going to the launch in January of
`20 1999. When some of our prospective partners came
`21 in to visit us at Sun, I was with the demonstration
`22 team when they did that. I was also with them, I
`23 believe, in Aspen, Colorado, when they did a
`24 demonstration.
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`Page 18
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`Page 20
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` 1 Q. Right.
` 2 A. I also have -- what we -- what we did with those
` 3 documents, we said this is how Jini is supposed to
` 4 function, and before we actually put those
` 5 documents out to the public, we verified through
` 6 various demonstrations that Jini would actually
` 7 function the way it was intended based upon the
` 8 requirements and specifications, and then that we
` 9 were going to put it out into these particular
`10 demonstrations for the public to see.
`11 Q. Did you actually put those demonstrations out for
`12 the public to see?
`13 A. Me personally?
`14 Q. Yes.
`15 A. So I was part of a team that prepared those
`16 demonstrations for the public. A lot of those
`17 presentations took place in 1998, and then also we
`18 had our big launch in January of 1999, so I was
`19 part of the team that described what those
`20 demonstrations should look like, described what
`21 those presentations should look like.
`22 Q. So do you recall actually presenting those
`23 presentations to the public?
`24 A. I recall speaking to the press. I recall speaking
`
` 1 Other demonstrations in Sunnyvale when we did
` 2 demonstrations to press and potential partners and
` 3 other potential customer visits, so when we were
` 4 going out trying to get partners to come on board
` 5 with the Jini project, I went out with the
` 6 demonstration teams at various times.
` 7 Q. So you went out with the demonstrations teams.
` 8 Were you part of the actual demonstration?
` 9 A. I was part of the demonstration in terms of
`10 providing commentary and talking about the
`11 functionality of Jini and talking about our vision
`12 for Jini and how we saw Jini working.
`13 Q. But did you actually perform the functions of Jini
`14 in a public -- in the public setting? Or were
`15 you -- were you a part of the actual demonstration,
`16 like, did you actually perform steps that Jini
`17 proclaimed to perform?
`18 A. In some.
`19 MR. WINNARD: Objection.
`20 MR. TEMKIN: Objection. Form.
`21 MR. WINNARD: The same objection.
`22 You can answer.
`23 Q. BY MR. CARTWRIGHT: Did you -- did you actually use
`24 the Jini devices and perform functionalities of
`
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`APPL-1035 / IPR2018-00361
`Apple v. Uniloc / Page 6 of 95
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`

`

`Uniloc USA, Inc., et al. v.
`Apple, Inc.
`
`Video Deposition
`
`Page 21
`
`Theresa Lanowitz
`August 29, 2018
`
`Page 23
`
` 1 Jini at those presentations?
` 2 A. In some -- in some instances, yes.
` 3 Q. Can you describe those instances that you were --
` 4 A. Well, one instance I recall was an independent
` 5 contractor that we were bringing on to Jini,
` 6 bringing them into our Sunnyvale, California,
` 7 office to see a demonstration of Jini, and I know
` 8 that I was in the room at that time. I know that I
` 9 actually did a quick Jini demo for that person,
`10 plugging in some of the devices that we were using
`11 for Jini and showing how Jini worked and showing
`12 how Jini was able to discover the devices.
`13 Q. So that demonstration was not part of the JavaOne
`14 or the Jibe presentations?
`15 A. It was not.
`16 Q. Okay. How many demonstrations would you estimate
`17 took place of Jini before the launch in January?
`18 A. Before the launch in January of 1999?
`19 Q. Yes.
`20 A. Oh, hundreds.
`21 Q. So they all took place either at JavaOne or Jibe?
`22 A. No.
`23 Q. So can you -- I mean, so you only described JavaOne
`24 and Jibe as demonstrations. Those are two
`
` 1 Q. Whenever you performed a presentation or
` 2 demonstration for independent contractors, do you
` 3 recall if they were asked to sign a nondisclosure
` 4 agreement to attend those demonstrations?
` 5 A. I don't recall.
` 6 Q. Were any of the demonstrations held at Sun's
` 7 offices?
` 8 A. Yes.
` 9 Q. How many would you say were held at Sun's offices?
`10 A. Quite a few. The Sun offices in Sunnyvale,
`11 California, as well as the Sun office in Aspen,
`12 Colorado, so there were quite a few. Specifically
`13 press, potential partners, potential customers
`14 would come into the Sunnyvale Sun offices for the
`15 demonstrations.
`16 Q. And do you recall if any of those attendees were
`17 asked to sign -- asked to sign a nondisclosure
`18 agreement to attend?
`19 A. I don't -- I don't recall.
`20 Q. So your employment at Sun ended in 1999. Correct?
`21 A. Yes.
`22 Q. How did your employment end?
`23 A. Are you asking why I left?
`24 Q. Were you fired?
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`Page 22
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`Page 24
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` 1 instances, and you just said hundreds, so I'm just
` 2 trying to get a better understanding of what other
` 3 settings or places these demonstrations took place?
` 4 A. So with JavaOne and Jibe, the way those
` 5 demonstrations would have taken place is JavaOne
` 6 and Jibe are trade shows and the Jini Group, we had
` 7 a podium. People would come by and they would ask
` 8 for a demonstration, so there was somebody there
` 9 who would give a demonstration and talk to the
`10 potential customer about what Jini was.
`11 Other places where we showed demonstrations was
`12 going out and talking to potential partners, so
`13 going out and talking to people about what Jini
`14 did, showing them what Jini did. We also had press
`15 people who came into the location in Sunnyvale,
`16 California, who were curious about what Jini was
`17 doing and there were demonstrations given to people
`18 at that point as well.
`19 There were also -- so there were customers,
`20 partners, press, the trade shows. We also had a
`21 training session where we demo'd Jini to other
`22 people inside of Sun, other people who were coming
`23 on as partners, so those were all areas of
`24 demonstrations that we used.
`
` 1 A. I was not fired.
` 2 Q. Did you quit?
` 3 A. I quit.
` 4 Q. Was your leaving Sun part of the Jini project, was
` 5 it related to Jini's success or failure?
` 6 A. The reason I left Sun is I was recruited by
` 7 Gartner.
` 8 Q. So you just left for a different opportunity?
` 9 A. I just left for a different opportunity.
`10 Q. So in July 1999, Sun publicly announced Jini
`11 Technology. Correct?
`12 A. In July 1999? No.
`13 Q. I'm sorry, July 1998. In July 1998.
`14 A. July 1998. Yes, July 1998.
`15 Q. Was this announcement at a press conference?
`16 A. What we did was we -- Sun had -- Bill Joy was on
`17 the cover of Wired magazine and that was a part of
`
`18 the big announcement. We probably also had a press
`19 release at the time and probably went out and spoke
`20 with various press people about it.
`21 And the whole Jini announcement is what is
`22 considered in marketing terms as rolling thunder.
`23 So we came out in July of 1998 with Bill Joy on the
`24 cover of Wired, and then we would just keep
`
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`Apple v. Uniloc / Page 7 of 95
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`

`

`Uniloc USA, Inc., et al. v.
`Apple, Inc.
`
`Video Deposition
`
`Page 25
`
`Theresa Lanowitz
`August 29, 2018
`
`Page 27
`
` 1 announcing more things as we went on leading up to
` 2 the big launch.
` 3 Q. So you said probably at a press conference. Do you
` 4 know for sure if it was at a press conference or
` 5 not?
` 6 A. It was not -- when you say "a press conference,"
` 7 can you define "press conference"?
` 8 Q. Well, I'm just repeating what you said. You said
` 9 that there were probably -- there was probably a
`10 press conference and you mentioned Bill Joy and
`11 this article. Do you know if there was actually a
`12 press conference?
`13 A. I don't recall if there was actually a press
`14 conference.
`15 Q. Do you know if this announcement was published on a
`16 website?
`17 A. It was -- the Bill Joy article was published on the
`18 Wired magazine website and Sun Microsystems, if Sun
`19 Microsystems made an official announcement at that
`20 time, then it was published on the Sun Microsystems
`21 website.
`22 Q. Was this announcement published in a newspaper?
`23 A. I don't recall if it was published in the
`24 newspaper. However, there were several journalists
`
` 1 A. Before the product was actually released, yes.
` 2 Q. So all of these documents and source code didn't
` 3 actually describe the full features of Jini.
` 4 Correct?
` 5 A. They described the features that were available at
` 6 the time, and they also described the features that
` 7 we knew would be ready for release, and we knew
` 8 when our release was. So we -- everything that we
` 9 put out there, the source code for other partners
`10 to take a look at was ready to go. We put white
`11 papers out talking about how Jini would function,
`12 and we knew that that was accurate at that time.
`13 Q. So do you have any -- do you have any documentation
`14 to confirm that Jini actually performed the way it
`15 was described in those publications?
`16 A. I have videotapes, which I shared with Mr. Temkin,
`17 of demonstrations of Jini taking place in 1998 and
`18 1999.
`19 Q. Were those videos ever published?
`20 A. They were given out to press. They were given out
`21 to probably analysts at the time. They were given
`22 out to the sales team. So they -- they were
`23 publicly available for people who were interested
`24 in the project.
`
`Page 26
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`Page 28
`
` 1 who were interested in what was -- in what Jini was
` 2 doing.
` 3 Q. Do you know which publications those journalists
` 4 were employed by?
` 5 A. Some of the reporters that I recall speaking with
` 6 were from the San Jose Mercury News, Wired magazine
` 7 definitely, some of the other various technical
` 8 publications at the time, Byte magazine,
` 9 Java -- Java -- Java World I believe was a
`10 magazine.
`11 Q. So you recall specific -- specific individuals from
`12 those publications that were at this announcement?
`13 A. I recall the publications that they were
`14 representing. I don't recall their names, but I
`15 recall the publications that they were
`16 representing.
`17 Q. Okay. You stated in your declaration over the six
`18 months that followed, Sun publicly released
`19 specification documents, source code, and white
`20 papers that provided more information about the
`21 design and potential uses of Jini.
`22 This was all pre product information. Correct?
`23 A. Pre product?
`24 Q. Yes, before the product was actually released?
`
` 1 Q. So were they given out specifically to those
` 2 individuals upon request or were they made
` 3 available to the public and they just downloaded or
` 4 watched the videos?
` 5 A. Well, this was 1998, 1999, so downloads weren't too
` 6 common then. So the way th