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`Page 1
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`INDEX TO EXHIBITS
`EXHIBIT DESCRIPTION
`Exhibit 1009 Patent 5,976,083
`to Richardson, et al.
`
`PAGE
`7
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`(Original Exhibits A, B, 2001, 1001, 1004, 1006,
`1007, 1008, and 1009 were attached to the original
`transcript.)
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` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`GARMIN INTERNATIONAL, INC.;
`
`and GARMIN USA, INC., Case No. IPR2018-00564
`IPR2018-00565
`
`Petitioners,
`
` vs.
`
`U.S. Patent No. 6,059,576
`
`LOGANTREE, LP,
`
`Patent Owner.
`_____________________________
`
` DEPOSITION OF VIJAY K. MADISETTI, Ph.D.
`
`February 7, 2019
`9:47 a.m.
`
`Building 13
`2900 Chamblee Tucker Road
`Atlanta, Georgia 30341
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`Page 2
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`1
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` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`GARMIN INTERNATIONAL, INC.;
`
`and GARMIN USA, INC., Case No. IPR2018-00564
`IPR2018-00565
`
`Petitioners,
`
` vs.
`
`U.S. Patent No. 6,059,576
`
`LOGANTREE, LP,
`
`Patent Owner.
`_____________________________
`
` DEPOSITION OF VIJAY K. MADISETTI, Ph.D.,
`produced, sworn, and examined on Thursday,
`February 7, 2019, between the hours of 9:47 a.m.
`and 11:34 a.m. of that day, located a 2900 Chamblee
`Tucker Road, Building 13, Atlanta, Georgia 30041,
`before Thomas R. Brezina, CRR, RMR, CCR, in a
`certain case now pending in the United States Patent
`and Trademark Office Before the Patent Trial and
`Appeal Board, Garmin International, Inc.; and Garmin
`USA, Inc. versus LoganTree, LP.
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`INDEX OF EXAMINATIONS
`2 WITNESS: VIJAY K. MADISETTI, Ph.D.
`EXAMINATION
`Page
`3
`By Ms. Redmond
`7
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`4
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`PAGE
`7
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`INDEX TO EXHIBITS
`EXHIBIT DESCRIPTION
`Exhibit A Patent Owner's Response
`(564 case)
`Exhibit 2001 Declaration of Vijay K.
`Madisetti, Ph.D. (564 case)
`Exhibit B Patent Owner's Response
`(565 case)
`Exhibit 2001 Declaration of Vijay K.
`Madisetti, Ph.D. (565 case)
`Exhibit 1001 Patent 6,059,576 to Brann 7
`Exhibit 1004 Patent 5,978,972 to
`7
`Stewart, et al.
`Exhibit 1006 Patent 5,546,609
`to Rush, III
`Exhibit 1007 Patent 5,197,489
`to Conlan
`Exhibit 1008 Patent 5,474,083
`to Church, et al.
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`www.alaris.us
`
`ALARIS LITIGATION SERVICES
`Phone: 1.800.280.3376
`
`1 (Pages 1 to 4)
`
`Fax: 314.644.1334
`
`IPR2018-00565
`Garmin EX1021 Page 1
`
`
`
` VIJAY K. MADISETTI, Ph.D. 2/7/2019
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`Page 5
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` (Exhibits Numbers 2001, 1001, 1004,
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` 1006, 1007, 1008, 1009, 2001, A, and B were
`
` marked for identification.)
`
` Deposition of Vijay K. Madisetti, Ph.D.
`
` February 7, 2019
`
` VIJAY K. MADISETTI, Ph.D.,
`
` having been produced and first duly sworn as a
`
` witness, testified as follows:
`
` EXAMINATION
`
`BY MS. REDMOND:
`
` Q Dr. Madisetti, I'd like to start by
`
`having you state your name and address for the
`
`record.
`
` A Yes. Good morning. My name is Vijay
`
`K. Madisetti. My address is 56 Creekside Park Drive
`
`in Johns Creek, Georgia 30022.
`
` Q Great. And, Dr. Madisetti, you have
`
`been deposed before; correct?
`
` A Yes.
`
` Q So you're generally familiar with the
`
`rules of the deposition; is that correct?
`
` A Yes.
`
` Q Just a reminder, I will ask some good
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`questions, and I may ask some poor questions today.
`
`25 Will you please ask me to clarify if my question is
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`Page 6
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`Page 8
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`unclear?
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` APPEARANCES OF COUNSEL
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`2 3
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`On behalf of the Petitioners:
`(present via speakerphone)
`4
`5 MEGAN J. REDMOND, Esquire
`Erise IP PA
`6
` 7015 College Boulevard
` Suite 700
` Overland Park, Kansas 66211
` Tel: (913) 777-5600
` Fax: (913) 777-5601
` megan.redmond@eriseip.com
`
`14
`15 On behalf of the Patent Owner:
`16 M. COLLIN QUIGLEY, Esquire
`17 McCathern, PLLC
` 3710 Rawlins Street
`18
` Suite 1600
` Dallas, Texas 75219
` Tel: (214) 741-2662
` Fax: (214) 741-4717
` E-mail: Cquigley@mccathernlaw.com
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`CHRISTOPHER M. BARKLEY, Esquire
`2 McCathern, PLLC
` 523 West Sixth Street
`3
` Suite 830
` Los Angeles, California 90014
` Tel: (213) 225-6150
` Fax: (213) 225-6151
` Cbarkley@McCathernlaw.com
`
`6
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` A I will.
`
` Q Great. And if you have answered my
`
`question, it's safe to assume that you have
`
`understood my question. Is that fair as well?
`
` A Yes, it is.
`
` Q Great. And is there any medical reason
`
`that would prevent you from giving truthful
`
`testimony here today?
`
` A No.
`
` Q Great. About how many times have you
`
`served as an expert witness?
`
` A Quite a few times. Probably around 25
`
`to 30, maybe more.
`
` Q Maybe more. About how many times have
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`you been deposed, do you think? About the same
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`amount?
`
` A Yes. Maybe a little more. Maybe 50 to
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`75 or a little more.
`
` Q Great. I'd like to begin today by
`
`talking about the Stewart reference, and it's, for
`
`the record, in tab six of your deposition binder,
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`and for the record, that is Garmin Exhibit 1004. So
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`let me know when you have turned to the Stewart
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`reference.
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`Also Present: (via telephone)
` Mr. Sam Korte
`
`Court Reporter:
` Thomas R. Brezina, CRR, RMR, CCR-B-2035
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`www.alaris.us
`
`ALARIS LITIGATION SERVICES
`Phone: 1.800.280.3376
`
`2 (Pages 5 to 8)
`
`Fax: 314.644.1334
`
`IPR2018-00565
`Garmin EX1021 Page 2
`
`
`
` VIJAY K. MADISETTI, Ph.D. 2/7/2019
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`Page 9
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`Page 11
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` A Yes. I'm at the Stewart reference,
`Exhibit Number --
` Q Great.
` A -- 6 (sic).
` Q If you had -- perfect. And if you will
`turn to exhibit -- or, sorry, figure one of Exhibit
`1004, I would appreciate it.
` (A cellular telephone rang.)
` THE WITNESS: One second. Was it
` figure one?
`BY MS. REDMOND:
` Q Figure one, please, of Exhibit 1004,
`which is the Stewart reference.
` A Yes. I'm at figure one.
` Q Trying to talk through this figure with
`you this morning. I see we have a -- do you see
`Number 11 in the upper left-hand corner?
` A Yes. There is a Number 11 on the upper
`left corner.
` Q And what is Number 11? If it's helpful
`to refresh your recollection, you can go to column
`six, line 13.
` A Yes. I'm at column six. I was going
`through those sections. There are --
` Q Yes.
`
` A -- three accelerometers. There are
`three accelerometers numbered ten through 12.
`
`Page 10
`
` Q No. I'm just asking -- I'm just asking
`for your general understanding of accelerometers.
` A Outside the context of this IPR, I
`mean, and outside the context of the '576, I would
`say that this would generally be a good description
`of an accelerometer.
`
` Q And then from the accelerometer there,
`11, I see the diagram is an arrow pointing to an AD
`converter on figure one. Do you see that?
` A I can see a block 46 in figure one.
`That is titled A-to-D converter.
`
` Q Right. And what is a purpose here of
`the AD converter?
` A As described in columns eight -- column
`eight of the specification of the 972 patent, which
`is the Stewart patent, the A-to-D converter would --
`would receive as a part of its input channels, the
`outputs of the accelerometer and provide, for
`example, a 12-bit representation as described --
`
` Q Right.
` A -- in columns eight, 40 through 50.
`
` Q Right. So is the accelerometer sending
`analog signals to the AD converter, 46?
` A The accelerometer is receiving analog
`signals from the -- the A-to-D converter is
`
`Page 12
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`receiving analog signals from the accelerometer,
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`yes.
`
` Q Thank you. Thank you for that. And --
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` Q Great. So turning back to figure one
`for me, please, you'd agree with me that 11 is an
`accelerometer?
` A Yes.
`
` Q And then that accelerometer, what is it
`doing there? What is the purpose of the
`accelerometer here?
` A I understand the -- the specification
`of column six describing the various embodiments
`with these accelerometers, ten through 12.
`
` Q Sure. But generally what
`functionality -- what functions is the accelerometer
`performing in figure one?
` A I think they're listed in column six
`with respect to identifying translational, angular,
`and normal accelerations in column --
`
` Q Is it -- oh, sorry. Finish.
` A Yes. In column six, lines ten through
`12.
`
` Q And is this description consistent with
`what you understand to be an accelerometer?
` A Are you referring to a portion of my
`report or declaration? Just to be clear.
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` A It can also --
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` Q -- as part of that process -- oh, go
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`ahead.
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` A Column eight also describes, you could
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`receive digital inputs as well.
`
` Q But here at least in figure one we have
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`an AD converter, so those would likely be analog
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`signals coming across; correct?
`
` A As for column eight, lines 50 to 58, I
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`believe the embodiment also cover the case where
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`digital inputs may be received.
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` Q Sure. I guess my question was specific
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`with respect to figure one. Here, figure one, why
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`would you have an A-to-D converter if it was already
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`in digital?
`
` A Again, you could have different types
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`of formats and different types of conversions that
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`the A-to-D converters could do.
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` Q And I don't see any storage that occurs
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`between the accelerometer and the AD converter. Do
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`you? On figure one.
`
` A Figure one is a -- is a high-level
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`www.alaris.us
`
`ALARIS LITIGATION SERVICES
`Phone: 1.800.280.3376
`
`3 (Pages 9 to 12)
`
`Fax: 314.644.1334
`
`IPR2018-00565
`Garmin EX1021 Page 3
`
`
`
` VIJAY K. MADISETTI, Ph.D. 2/7/2019
`
`Page 13
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`block diagram, and it is not, I believe, intended to
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`be a detailed schematic. It is possible that this
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`data could be stored. The -- it is not unusual for
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`data from sensors to be collected, stored,
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`processed, and forwarded.
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` So, for example, in column ten -- in
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`column ten and other locations there are several
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`different embodiments of different types of A-to-D
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`conversion as well in addition to those in seven and
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`eight. So one of ordinary skill in the art would --
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`would view this as a high-level description that may
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`include local storage as well.
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`disclosed in that paragraph, is there not?
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` A Yes. There is a disclosure in column
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`eight, lines 45 through 50.
`
` Q And did you go and try to determine any
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`information about the Max 188 disclosed in that
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`paragraph?
`
` A I'm familiar with similar A-to-D
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`converters, and I've used several over the past two
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`decades. The type of converters that include these
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`multiple channels that have various resolution in
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`terms of bits -- they use different types of sample
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`and hold circuitry -- do include local storage in
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` Q Sure. I guess my question is, sticking
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`terms of sampling, in terms of conversion to the
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`with figure one here, is there any storage between
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`the accelerometer and the A-to-D converter? Is
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`there any storage step?
`
` A My understanding is that reading the
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`description in column eight, specifically with
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`respect to the sample and hold feature delineated in
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`lines 45 through 50, it is possible that there is
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`some local storage that could include counters and
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`other hold circuitry.
`
` Q Specifically with respect to figure
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`one, let me ask the question again. Is there any
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`storage depicted on figure one between step 11, the
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`right number of bits through successive
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`approximation of a device. So I'm familiar with the
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`type of A-to-D converters that are disclosed.
`
` Q My question is -- sure. I'm
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`specifically asking about the Max 188 disclosed. As
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`of 1997 are you familiar with the functionality of
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`that Max 188 disclosed here?
`
` A First of all, the Max 188 is an example
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`here, and it discloses a number of multi-channel
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`A-to-D converters. In my experience I've not --
`
`I've looked at similar ones, but I've not -- in the
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`context of this particular case I have not
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`Page 16
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`accelerometer, and the AD converter, 46?
` A As I said, figure one is a very
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`high-level description. There is no explicit
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`identification of specific functionality of each of
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`these blocks. It is possible that block 46 may have
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`access, for example, to block 48. It is possible
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`that block 46 may have access to block 51.
`
` In any case, at the -- to answer your
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`question, there is no explicit description of a
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`storage within block 46 as written in English, but
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`one of ordinary skill in the art in the light of the
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`specification and knowledge would understand that
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`A-to-D converters normally would include some form
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`specifically looked up the data sheet of the Max 188
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`in this matter. But I'm -- I'm providing you an
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`answer based on my past experience with similar, if
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`not the same, type of converter.
`
` Q Obviously Stewart discloses a -- are
`
`you familiar with the HAT system? Is that right?
`
` A Yes.
`
` Q And you're familiar with the fact that
`
`that HAT system can be used on multiple body parts;
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`is that correct?
`
` A Could you refer me to the
`
`specification --
`
` Q Sure.
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`of storage.
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` Q And as far as Stewart's description of
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`A-to-D converter 46, is there any explicit teaching
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`in Stewart that that A-to-D converter, 46, had
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`storage?
` A Yes. In column eight it describes the
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`use of a hold type of feature, so using hold, using
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`counters, and other types of disclosures of column
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`eight, lines 40 through 60, would indicate that
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`there is explicit disclosure of forms of storage
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`within the embodiments disclosed in the 972.
`
` Q And I see that there is a Max 188
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` A -- that you are referring to?
`
` Q Sure. Exhibit 1004, column four,
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`starting at line 32, it says, "While developed
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`specifically for the head, monitoring of other body
`
`parts or the body in general is envisioned."
`
` Do you see that?
`
` A In the summary of the invention there
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`is the disclosure that you just read out.
`
` Q Right. So you would agree with me,
`
`then, as one of ordinary skill in the art, Stewart's
`
`invention applied to not just the head, but other
`
`body parts?
`
`www.alaris.us
`
`ALARIS LITIGATION SERVICES
`Phone: 1.800.280.3376
`
`4 (Pages 13 to 16)
`
`Fax: 314.644.1334
`
`IPR2018-00565
`Garmin EX1021 Page 4
`
`
`
` VIJAY K. MADISETTI, Ph.D. 2/7/2019
`
`Page 17
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` A Yes. It is contemplated and envisioned
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`that the invention, though specifically designed for
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`the head, could in general monitor -- monitor other
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`body parts.
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` Q And is the head a body part, in your
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`opinion?
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` A Yes.
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` Q But you'd agree with me, for example, a
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`golf club would not be a body part; correct?
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` A A golf club is not a -- I don't believe
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`it's a -- it's a body part.
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` Q And one of the goals of Stewart is, it
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`was designed to not inhibit or impact the ability of
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`a user to perform a sport; correct?
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` A Again, could you refer me to the
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`section that you're referring to?
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` Q Are you generally familiar with the
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`contents in the disclosures of Stewart in connection
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`with your opinions?
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` A Yes, I am. But since it is a very
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` Q You don't understand that -- I believe
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`Stewart does talk about illegal sparring moves in
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`football. Correct?
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` A Where do you see that?
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` Q You don't recall that one way or
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`another from your review of Stewart?
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` A I mean, as I said, I mean, Stewart has
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`a lot of disclosures. I mean, could you be more
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`specific?
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` Q No. I'm just asking you generally
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`about your understanding of Stewart. So, for
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`example, Stewart tries to let the sportsman move how
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`they're going to move in their respective sport and
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`the invention itself not inhibit that movement. Do
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`you agree with that?
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` A I mean, again, I would say that we
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`should refer to the description that -- in column
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`six, 25 through 29, in Stewart's own words. I would
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`agree that it would allow the sports person to
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`perform the sport without hindering, inhibiting, or
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`precise question, if you have a particular section
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`that you are trying to get me to comment on, I'll be
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`glad to do that.
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` Q So six, line 27.
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` A Yes. I'm looking at column six, lines
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`Page 18
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`27.
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` Q Yes. And actually I believe it starts
`closer to 25.
` A Okay.
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` Q "In this way the HAT is comfortable
`enough for the sports person to wear in relevant
`everyday sports activities without hindering,
`inhibiting, or otherwise affecting the ability of
`the user to perform a sport"; correct?
` A Yes. That is what the specification
`confirms in column six, lines 25 through 29.
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` Q And that is consistent with your
`understanding of Stewart: That it is trying to let
`the sportsman play the sport without any inhibiting
`based on the Stewart invention; correct?
` A Yes. That is consistent with this
`portion of the specification, that it's comfortable
`enough without hindering, inhibiting, or otherwise
`affecting the ability of the user to perform the
`sport.
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` Q Right. So, for example, if someone
`wants to do an illegal sparring move in football,
`the Stewart invention is not going to inhibit them
`from doing that; correct?
` A I don't see that disclosure here.
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`otherwise affecting. I don't see any disclosure
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`that it -- I don't see a disclosure of Stewart with
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`respect to illegal moves, unless you can --
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` Q Sure.
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` A -- you can point something to me.
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`Page 20
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` Q I'm just asking for your general
`understanding of Stewart in connection with your
`opinions here. So with respect to --
` A I don't see --
` Q -- Stewart --
` A Yes. I don't see such --
` Q Go ahead.
` A I don't see the explicit connection
`here.
` Q Understood. And with respect to
`Stewart, it's trying to not restrain any movement;
`correct?
` A My understanding is that it does not
`hinder, inhibit, or otherwise affect the ability of
`the user to perform the sport. That's how I would
`characterize in Stewart's own words.
` Q So you don't have an opinion about
`whether Stewart restrains any movement?
` A I mean, you're using certain claim
`language from the '576, which is causing, I believe,
`the confusion. Stewart in his own words describes
`in column six that everyday sports can be -- are not
`affected, and there is no hindering, inhibiting, or
`otherwise affecting the ability of the user to
`perform the sport.
`
`www.alaris.us
`
`ALARIS LITIGATION SERVICES
`Phone: 1.800.280.3376
`
`5 (Pages 17 to 20)
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`Fax: 314.644.1334
`
`IPR2018-00565
`Garmin EX1021 Page 5
`
`
`
` VIJAY K. MADISETTI, Ph.D. 2/7/2019
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`Page 21
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`Page 23
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` So I agree with you with respect to
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`column six, lines 25 to 30, but you're asking me to
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`essentially say if it discloses a claim limitation
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`or a portion of a claim limitation, so I would say
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`that is your burden.
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` Q Right. So -- but I'm asking you as
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`someone who's offered opinions here, does Stewart
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`restrain any movement?
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` A It does not hinder, inhibit, or
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`otherwise affect the ability of the user to perform
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`the sport. That is how I would say that. And
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`certainly if there is movement to perform the sport,
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`it wouldn't affect that.
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` Q So do you agree that Stewart teaches
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`limit -- in claim 20, limitation 20A? In your
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`opinion?
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` A Okay. So which patent are you talking
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`about?
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` Q I'm talking about the asserted patent
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`under tab five.
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` A I mean, I understand that this is an
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`IPR. I mean, what is asserted here?
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`entire claim as a whole where the device has
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`different types of, for example, steps in this
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`method claim. There is a measuring step, an
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`interpreting step, a number of storing steps,
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`detecting steps. All these pertain and provide the
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`necessary context to the attaching limitation. So
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`in that sense the ability -- I would disagree
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`that -- that the petitioner or its expert has fully
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`connected Stewart to how --
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` Q In --
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` A -- this measuring device would be
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`satisfied.
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` Q And I believe in -- behind tab two is
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`your expert declaration, which for the record is
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`LoganTree 2001, and did you include these opinions
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`in your report?
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` A Yes.
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` Q And specifically pointing you to the
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`paragraph you're referring to there.
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` A Yes. So I have a -- a general
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`discussion in paragraph 37 with respect to claim 20,
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`and here is where I disagree that -- I disagree that
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` Q On claim 20.
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` Q Yes.
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`Page 22
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` A Okay. With respect to claim 20, you're
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`referring to the limitation that he's starting with
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`attaching?
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` Q Yes.
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` A Yes. As I describe in my declaration
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`associated with, I believe, the 564 and the 565 IPR
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`investigations, this limitation, when read in the
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`context of the entire claim, has the issue that you
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`are measuring certain movement as required in the
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`claim. And in my opinion the petitioner has not
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`explained how this movement measuring device is able
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`to carry out the measurement in the context of the
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`entire claim.
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` Q But just focusing here on the first
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`limitation, would you say that Stewart teaches that
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`limitation?
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` A Again, as I said, I disagree with
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`that -- I disagree with the -- with the contention
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`that the petitioner or its expert has fully
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`explained the connection between Stewart and this
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`particular limitation in the sense that the
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`measurement is not in the manner as claimed.
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` Q And how is that measurement claimed in
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`your opinion, then?
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` A I think we have to go through the
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`-- I clearly state that the claim requires that you
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`measure data in the manner of figure A1 that I show
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`on page 21.
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`Page 24
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` And then when we go to the specific
`description of Stewart, and I believe that is in the
`following pages, I do also describe that Stewart
`are -- in paragraphs 62, 63, 64, that -- and 65, for
`example, where the -- the way the measurement is
`done is not the -- is not in the way that the
`operation of the sensor would be performed in the
`light of the claim 20 of the '576. And then I
`provide a sort of summary of that later on when we
`go through specific claims and a claim-by-claim
`analysis.
` Q And specifically focusing on the
`measuring for the claim limitation, what is your
`interpretation of measuring?
` A It is just that the measuring should be
`done in the way that the claim requires it to be
`done. I'm not --
` Q And how does the claim require it? Do
`you have a specific construction for the word
`"measuring"?
` A What I said here is measuring means
`measuring. I mean, I'm not offering any
`construction of measuring. Measuring is defined. I
`mean, measuring is well described by the term
`"measuring." The measuring data -- the claim
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`www.alaris.us
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`ALARIS LITIGATION SERVICES
`Phone: 1.800.280.3376
`
`6 (Pages 21 to 24)
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`Fax: 314.644.1334
`
`IPR2018-00565
`Garmin EX1021 Page 6
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`
`
` VIJAY K. MADISETTI, Ph.D. 2/7/2019
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`Page 25
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`requires that you measure data associated with the
`physical movement and interpreting it and storing it
`and detecting it.
` So insofar as the attaching limitation
`refers to a measuring device, that also satisfies
`these additional -- satisfies these features, it is
`my opinion that the petitioner and the petitioners'
`expert has not connected the dots and provided a
`credible explanation as to how the attaching
`limitation is met.
` (Court Reporter clarification.)
` THE WITNESS: Is met, M-E-T.
`BY MS. REDMOND:
`
` Q So is your opinion, an accelerometer
`doesn't measure any movement?
` A I disagree. I'm not contesting
`accelerometers or how they operate. I'm contesting
`the architecture of Stewart. There is no
`explanation that the operation of the device in the
`attaching limitation is measuring data in the manner
`that involves the microprocessor, the user-defined
`operational parameters, and a realtime clock and so
`on.
` I have no -- I'm not saying that you
`need a particular type of accelerator or not. I'm
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`Page 26
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` A Yes. I'm on page 21 of my declaration,
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`which I believe is Exhibit -- what is the exhibit
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`number?
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` Q It's 2001 at the bottom.
` A Oh, okay. It's 2001 in the 564 --
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` Q Yes.
` A -- in the 564 declaration, yes.
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` Q Yes. And you have a picture there of a
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`claimed invention. Do you see that?
` A Yes. It is the -- I've created this as
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`a -- as an example that would illustrate in some
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`sense an embodiment of the '576 that would satisfy
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`the claims.
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` Q Which claim are you referring to? You
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`say claimed invention of the '576. Which claim are
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`you referring this depicts?
` A To this extent of this particular --
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`these -- this page 22, I'm also using that figure to
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`explain claim 20 and its dependent claims, and I use
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`this figure in --
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` Q And did you --
` A -- I use this figure also in the other
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`declaration to explain the other claims that are
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`part of the 565 investigation as well.
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` Q And did you personally create this
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`Page 28
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`not offering any opinions that the accelerators of
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`Stewart or Rush or Richardson are lacking in any
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`way. All I'm saying here is that the -- in the
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`context of the claim, the attaching step is not met
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`because the petitioner and its expert has not shown
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`sufficient connection from the evidence to the
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`measuring device in this limitation that operates in
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`the manner of the claim as a whole.
`
` Q Right. But you agree with me
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`accelerometers would measure body movement; correct?
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` A Again, separate from the claim,
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`accelerators can measure body movement, and it is
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`just that the attaching limitation as claimed in
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`claim 20 of the '576 has not been fully demonstrated
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`by the petitioner or its expert.
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` Q And then on page 21 you have a diagram
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`you created that says, "Claimed invention" --
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` A One second.
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` Q -- for '576.
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` A One second. You're referring to my
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`report?
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` Q Yes.
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` A Okay. So let me get there. On
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`page 21 --
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` Q Yes. Exhibit 2001.
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`figure on your computer?
` A Yes, I did.
` Q And you also have a figure on page 23
`of Exhibit 2001 that has a title Stewart. Do you
`see that?
` A Yes, I do.
` Q And do you believe this is an accurate
`depiction of what is disclosed in Stewart?
` A As I said, it is a -- a description to
`explain my opinions. It is how I would understand
`some portions of Stewart in the sense that it does
`not meet many of the limitations of the '576,
`including the limitation we just discussed.
` Q Is there anything in your figure on 23
`that as you sit here today you believe is
`inaccurate?
` A I don't want figure A2 for Stewart
`to -- to substitute or override any disclosure of
`Stewart. I provide this figure as a guide to
`understand my opinions. This figure should not be
`viewed as a full disclosure and -- of Stewart's
`contents and its substitution. Stewart speaks for
`itself. I provide this as a high-level simplified
`view of Stewart.
` Q Sir, my question was different. Is
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`www.alaris.us
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`ALARIS LITIGATION SERVICES
`Phone: 1.800.280.3376
`
`7 (Pages 25 to 28)
`
`Fax: 314.644.1334
`
`IPR2018-00565
`Garmin EX1021 Page 7
`
`
`
` VIJAY K. MADISETTI, Ph.D. 2/7/2019
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`Page 29
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`Page 31
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`there anything in this figure today as you sit here
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`in your deposition that you believe is wrong, based
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`on the disclosures of Stewart?
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` A As I said, in my opinion this is a
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`high-level description that should be read along
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`with my opinions and the basis for the opinions. It
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`should not be viewed separately from the text of my
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`declaration. There is no --
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` Q Sir, my question --
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` A -- specific -- there is no specific
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`error in this high-level description because it
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`represents one embodiment of Stewart that I felt
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`It is provided as a means by which the board may
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`read and review my declaration in an aid to
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`understanding my discussion about Richardson, Rush,
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`and Stewart.
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` So in that sense these figures about
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`Stewart, Rush, Richardson, and the '576 should not
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`be taken -- divorced from the content of my
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`declaration or the explicit and other disclosures in
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`Stewart, Rush, Richardson themselves.
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` So these are just caricatures or
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`high-level representations that would aid in
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`understanding. They are neither complete nor fully
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`was -- was support -- would support the board in
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`detailed. They are just guideposts that help
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`understanding Stewart. It is not meant to be
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`replacing any description of Stewart that otherwise
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`appears in my declaration.
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` Q And with respect to page 25 there is a
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`description of a Rush. Is there anything that is
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`inaccurate in your description of Rush based on your
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`testimony here today?
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` A As I described with respect to Stewart
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`figure on page 23, this figure on page 25 for Rush
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`again is a high-level potentially incomplete
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`description of Rush. It is meant to be read in
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`context and together with my declarations, texts,
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`understand my opinions and assist and should be
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`viewed in accompaniment and together with the text
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`of my declaration along with the detailed
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`specifications of the prior art references
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`themselves.
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` Q So you believe that the best resource
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`for information regarding Stewart is actually what
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`is disclosed in Stewart? Is that what you are
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`indicating here today?
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` A I think my answer was pretty clear.