UNCERTIFIED, UNEDITED ROUGH TRANSCRIPT
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` 1 D I S C L A I M E R
`
` 2
`
` 3 Provision of the enclosed text is subject to the
` following agreement and understanding of all parties:
` 4
` A) This is an uncorrected and uncertified
` 5 transcript. There will be discrepancies between the
` contents of this text and the final, certified transcript,
` 6 including, but not limited to, page and line number
` discrepancies, the appearance in this document of
` 7 mistranslated and/or untranslated words and/or names
` and/or numbers, and any and all other variants with the
` 8 final, certified transcript as from time to time may occur
` in the normal course of verbatim stenography.
` 9
` B)(i) This text is provided as a temporary aid
` 10 only, and its contents may not be cited or distributed in
` any form whatsoever.
` 11
` (ii) The document herein is not certified and
` 12 will, under no circumstances, constitute an official
` transcript.
` 13
` (iii) In any and all discrepancies between the
` 14 contents of the text and the final certified transcript,
` the latter shall, without exception and in every instance,
` 15 prevail.
`
` 16 C) The court reporter makes no warranty as to the
` accuracy or reliability of the contents of this text and
` 17 will not be held liable, accountable, or responsible for
` any variant between the document herein contained and the
` 18 final, certified transcript.
`
` 19 D) This text is provided on the understanding that
` the final, certified transcript will follow in due course.
` 20
`
` 21 PRINTING AND/OR USING THIS UNCERTIFIED
`
` 22 TRANSCRIPT CONSTITUTES ACCEPTANCE
`
` 23 OF THESE TERMS AND CONDITIONS
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` 1 THE VIDEOGRAPHER: We are on the record.
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` 2 Today's date is March 11th, 2019, and the time is
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` 3 11:55 a.m.
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` 4 This is the video-recorded deposition of Larry
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` 5 Peterson in the matter of Implicit, LLC versus NETSCOUT
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` 6 Systems, Inc., et al., Case No. 2:18-CV-00053-JRG and
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` 7 2:18-CV-00054-JRG in the United States District Court for
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` 8 the Eastern District of Texas.
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` 9 This deposition is being held at Colville &
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` 10 Dippel, LLC, 1309 East Broadway, Tucson, Arizona 85719.
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` 11 The reporter's name is Michael Dippel. My name is Jacquie
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` 12 Bartnett. I am the legal videographer. We are with
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` 13 Alaris Litigation Services.
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` 14 Would the attorneys present please introduce
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` 15 themselves.
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` 16 MS. MARRIOTT: Michelle Marriott, Erise IP, for
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` 17 Defendants NETSCOUT Systems and Sandvine Corporation.
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` 18 MR. HOSIE: Good morning. Spencer Hosie, Hosie,
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` 19 Rice, LLP from San Francisco. Along with co-counsel, we
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` 20 represent the plaintiff in this case, Implicit Networks.
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` 21 THE VIDEOGRAPHER: Would the court reporter
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` 22 please swear in the witness, and then you may then
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` 23 proceed.
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` 24 (The oath was administered at this time.)
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` 25
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` 1 LARRY L. PETERSON,
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` 2 having been first duly sworn, testified as follows:
`
` 3 EXAMINATION
`
` 4 BY MS. MARRIOTT:
`
` 5 Q. Good afternoon. Would you please state your
`
` 6 name for the record.
`
` 7 A. Larry Peterson.
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` 8 Q. Okay. And, Mr. Peterson, where are you
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` 9 currently employed?
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` 10 A. I am employed by the Open Networking Foundation.
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` 11 I split part of my time between them and Princeton
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` 12 University.
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` 13 Q. Okay. Can you describe for me your educational
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` 14 background? Do you have any degrees?
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` 15 A. I have a Ph.D. in computer science.
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` 16 Q. Any other degrees?
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` 25 They were still there.
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` 1 Q. Okay. And was it on your kind of personal
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` 2 computer?
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` 3 A. No, no, it was -- it's on a Princeton server.
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` 4 MR. HOSIE: Michelle, we would be happy to
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` 5 stipulate to the authenticity of the e-mails, plus their
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` 6 status, of Dr. Peterson's business records. That will
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` 7 make foundation much faster.
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` 8 MS. MARRIOTT: Okay. Great.
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` 9 MR. HOSIE: So stipulated?
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` 10 MS. MARRIOTT: Perfect. So stipulated.
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` 11 MR. HOSIE: So the documents are authenticated
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` 12 and are business records; correct?
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` 13 MS. MARRIOTT: Great. And for the record, those
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` 14 are -- have been produced in the case as Peterson 1
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` 15 through 448, I believe.
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` 16 MR. HOSIE: Thank you.
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` 17 MS. MARRIOTT: Okay. Fantastic.
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` 18 Q. (By Ms. Marriott) Okay. You can put that one
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` 19 away.
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` 20 Actually, No. 2 on that list asks for source
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` 20 you couldn't remember if anybody got just Joust up and
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` 21 running and fully functional, is that fair?
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` 22 MS. MARRIOTT: Object to form.
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` 23 THE WITNESS: Yeah, I don't recall the status
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` 24 Joust achieved in the same way that the Scout OS, we know
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` 25 we ran demos at conference and his so on.
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` 196
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` 1 Q. (By Mr. Hosie) Do you recall a guy carpenter?
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` 2 A. No.
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` 3 (Exhibit was marked.)
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` 4 Q. (By Mr. Hosie) Let me show you
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` 5 \exhibit\Exhibit 56.
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` 6 Counsel.
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` 7 Take a minute and read this before I ask you
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` 8 questions if you would, sir.
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` 9 (Witness examining document.) -PLGT
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` 10 THE WITNESS: Okay.
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` 11 Q. (By Mr. Hosie) Just to lay some foundation,
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` 12 this was produced from your e-mail archive?
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` 13 A. Yes.
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` 14 Q. By you personally? You sent it to Counsel?
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` 15 A. Yes.
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` 16 Q. And that was the archive at Princeton?
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` 17 A. Yes.
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` 18 Q. The one you maintained in the regular course of
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` 19 your business of yours?
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` 20 A. Yes.
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` 21 Q. And do you recall receiving this e-mail at --
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` 22 A. KWRAEU, I don't remember the exchange, but --
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` 23 Q. And you don't recall who guy carpenter was?
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` 24 A. No.
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` 25 Q. But you would have read this one when received?
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` 1 A. Yes.
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` 2 Q. And you would have filed it in your archive?
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` 3 A. Yes.
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` 4 Q. Why don't we take a PWRAEF break and I'll see
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` 5 what else I have?
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` 6 A. Okay.
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` 7 THE VIDEOGRAPHER: We're going off the record.
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` 8 The time is 4032.
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` 9 (Recess.)
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` 10 THE VIDEOGRAPHER: We're back on the record.
`
` 11 The time is 435.
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` 12 MR. HOSIE: I have nothing further except to
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`3 have. Thank you?
`
`4
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`MR. HOSIE: And I have nothing further. Thank
`
`5 you, we're off the record.
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`6
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`THE VIDEOGRAPHER: One moment, please, this
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`7 concludes the deposition of Larry Peterson. The time is
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`8 4:38. The number of media was three.
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`9
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`D I S C L A I M E R
`
`Provision of the enclosed text is subject to the
`following agreement and understanding of all parties:
`
`This is an uncorrected and uncertified
`A)
` 14 transcript. There will be discrepancies between the
`contents of this text and the final, certified transcript,
` 15 including, but not limited to, page and line number
`discrepancies, the appearance in this document of
` 16 mistranslated and/or untranslated words and/or names
`and/or numbers, and any and all other variants with the
` 17 final, certified transcript as from time to time may occur
`in the normal course of verbatim stenography.
`
` 18
`
`B)(i) This text is provided as a temporary aid
` 19 only, and its contents may not be cited or distributed in
`any form whatsoever.
`
` 20
`
`The document herein is not certified and
`(ii)
` 21 will, under no circumstances, constitute an official
`transcript.
`
` 22
`
`In any and all discrepancies between the
`(iii)
` 23 contents of the text and the final certified transcript,
`the latter shall, without exception and in every instance,
` 24 prevail.
`
` 25
`
`The court reporter makes no warranty as to the
`C)
`accuracy or reliability of the contents of this text and
`
`UNCERTIFIED UNEDITED ROUGH TRANSCRIPT
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`Page 7 of 9
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`Implicit Exhibit 2093
`Sonos v. Implicit, IPR2018-0766, -0767
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`UNCERTIFIED, UNEDITED ROUGH TRANSCRIPT
`
`201
`
`1 will not be held liable, accountable, or responsible for
`any variant between the document herein contained and the
`2 final, certified transcript.
`
`This text is provided on the understanding that
`D)
`the final, certified transcript will follow in due course.
`
`PRINTING AND/OR USING THIS UNCERTIFIED
`
`TRANSCRIPT CONSTITUTES ACCEPTANCE
`
`OF THESE TERMS AND CONDITIONS
`
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