`____________________________
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________________
`
`Page 1
`
`SAMSUNG ELECTRONICS CO., LTD.
`Petitioner
`V.
`KEYNETIK, INC.
`Patent Owner
`______________________________
`IPR2018-00985
`Patent No. 7,966,146
`____________________________
`DILWORTH PAXSON LLP
`1500 MARKET STREET
`SUITE 3500E
`PHILADELPHIA, PENNSYLVANIA 19102
`APRIL 15, 2019
`9:06 A.M.
`
`ORAL DEPOSITION OF
`PRASANT MOHAPATRA, PH.D.
`REPORTED BY:
`DEBRA SAPIO LYONS, RDR, CRR, CRC, CCR, CLR, CPE
`JOB NO. 159177
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`SAMSUNG EXHIBIT 1007
`Samsung Electronics Co., Ltd. v. Keynetic, Inc.
`IPR2018-00985
`
`
`
`Page 2
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` April 15, 2019
`
` Oral deposition of Prasant Mohapatra, Ph.D.,
`held at the offices of Dilworth Paxson LLP, 1500
`Market St. 3500E, Philadelphia, Pennsylvania
`19102, before Debra Sapio Lyons, a Registered
`Diplomat Reporter, a Certified Realtime Reporter,
`a Certified Realtime Captioner, a Certified
`LiveNote Reporter, an Approved Reporter of the
`United States District Court for the Eastern
`District of Pennsylvania, a Certified Court
`Reporter of the State of New Jersey, a Notary
`Public of the States of New Jersey, New York and
`the Commonwealth of Pennsylvania.
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`APPEARANCES:
` PAUL HASTINGS
` BY: PHILLIP CITROEN, ESQUIRE
` 875 15th Street, N.W.
` Washington, D.C. 20005
`
` Attorneys for Petitioner
`
` DILWORTH PAXSON
` BY: MARK HALDERMAN, ESQUIRE
` 1500 Market Street
` Philadelphia, Pennsylvania 19102
`
` Attorneys for Patent Owner
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` Prasant Mohapatra, Ph.D.
` Prasant Mohapatra, Ph.D., having
` been first duly sworn, was examined and
` testified as follows:
`EXAMINATION
`BY MR. CITROEN:
` Q. Good morning, Doctor.
` A. Good morning.
` Q. Is it okay if I just call you
`"Doctor" today?
` A. Sure. That's fine.
` Q. I just don't want to mess up your
`name, and I'd rather do that than every time
`butcher your name and offend you, so if that's
`okay, I'll --
` A. That's fine.
` Q. -- just refer to you as "Doctor"
`today. Okay. Great.
` Can you state your full name for
`the record, please?
` A. Prasant Mohapatra.
` Q. And can you state your address for
`the record?
` A. 1512 Arena Drive in Davis,
`California.
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` Prasant Mohapatra, Ph.D.
` Q. Thank you. And have you been
`deposed before?
` A. Yes.
` Q. Approximately how many times?
` A. I would say about nine or ten
`times.
` Q. Okay. So you're probably pretty
`familiar with the process at this point I
`imagine; correct?
` A. Yes.
` Q. Okay. I'll still -- I'll quickly
`run through some of the guidelines for both of
`us to follow just to make this a smooth
`process.
` So I'll obviously be asking you
`questions. Wait until I finish -- finish
`asking my question before you provide your
`answer; and then I will also wait for you to
`finish answering the question before I
`continue with the next question.
` Is that okay?
` A. Yes.
` Q. That's just so that she can have a
`clear record here. Let's not talk over each
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` Prasant Mohapatra, Ph.D.
`other basically is the point.
` Answer all questions orally,
`please. So no nodding of your head or
`"uh-huhs," any sounds. Let's do everything
`verbally.
` I will try and take a break about
`every hour, but if you need a break earlier
`than that, just let me know, happy to take a
`break. I just ask that if there's a pending
`question, that you answer the question before
`we take a break. Okay?
` A. Okay.
` Q. Any reason you can't testify fully
`and accurately today?
` A. No.
` Q. And do you understand that you are
`under oath?
` A. Yes, I do.
` Q. Okay. And, Doctor, do you
`understand why you're here today?
` A. Yes.
` Q. And is it to provide testimony in
`IPR2018-00985?
` A. Yes.
`
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` Prasant Mohapatra, Ph.D.
` Q. And that proceeding, is that
`regarding U.S. Patent Number 7,966,146?
` A. Yes.
` Q. Okay. I see you have before you a
`binder. Could you tell me what's in the
`binder?
` A. This is the declaration that was
`submitted.
` Q. Okay. And have you made any
`notations in your declaration?
` A. Yes. The table of contents had
`wrong page numbers, so I have fixed the page
`numbers.
` Q. Okay. And have you made any other
`notations other than changing the table of
`contents page numbers?
` A. No.
` Q. Okay. If you don't mind, can I
`take a quick look?
` A. Sure.
` Q. The paper is much better quality
`than the version I was going to give you.
` A. Thank you.
` Q. Thank you.
`
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` Prasant Mohapatra, Ph.D.
` Okay. So since you already have
`that, let me just ask you a few questions.
`Did you prepare that declaration?
` A. Most part of it, and I worked with
`the counsels in having the complete document.
` Q. And which counsels did you work
`with?
` A. The counsels at Dilworth Paxson.
` Q. Okay. Do you remember their
`names?
` A. Yeah, Mark and Ted and Nick.
` Q. Okay. Anyone else other than
`Mark, Ted, and Nick that you worked with in
`preparing this declaration?
` A. No.
` Q. Okay. You said that you prepared
`most of it or most parts, I believe you said.
`Which parts did you prepare?
` A. I think it's not like a specific
`part of anything, it's all over the document,
`but any time there was a legal aspect which I
`didn't fully understand, then, you know, I
`took help from the counsels.
` Q. Okay. And when did you start
`
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` Prasant Mohapatra, Ph.D.
`working on your declaration, do you recall?
` A. I don't recall exactly the date.
`Several months back.
` Q. Okay. Okay. And do you recall
`the process that you followed in preparing
`your deposition -- or, I'm sorry, preparing
`your declaration?
` A. I read through the patents. I
`read through the petition that was filed, the
`exhibits associated with the -- the petition,
`and I read through the initial response, and
`the exhibits associated with that. Yeah,
`those are the main things I used.
` Q. Did you have any meetings with
`counsel?
` A. Yes. We had phone conversations.
` Q. Okay. Approximately how many
`meetings did you have with counsel?
` A. I wouldn't recollect that.
` Q. Okay. And did you prepare the
`first draft of the declaration or did your
`counsel prepare the first draft?
` A. It was jointly developed 'cause I
`provided text and, you know, they helped in
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`setting it up.
` Q. Okay. And did counsel provide you
`positions for you to review that are in your
`declaration?
` A. No. By "positions," what do you
`mean?
` Q. Your positions that are in the
`declaration.
` A. No.
` Q. The arguments, were those provided
`by counsel?
` A. No.
` Q. Okay. Did you consider any
`materials that aren't listed in your
`declaration?
` A. No. I don't recollect using
`anything else.
` Q. Okay. And just out of curiosity,
`in the bottom left corner of each page there's
`a number that starts 120 and it goes on.
` Do you see that?
` A. Yes.
` Q. Do you know what that is?
` A. I don't know.
`
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` Prasant Mohapatra, Ph.D.
` Q. Okay. You didn't insert that
`number into the document?
` A. No.
` Q. No. Okay. Did you spend any time
`today or -- prepping for today's deposition?
` A. Today? Yeah.
` Q. Or before today. Let me rephrase
`the question.
` Did you -- did you prepare for
`today's deposition?
` A. Yes, I did.
` Q. Okay. Approximately how many
`hours did you spend preparing for today's
`deposition?
` A. Maybe somewhere between 12 to 15
`hours.
` Q. Okay. And how did you prepare for
`the deposition?
` A. By reading up all the material and
`talking to my counsel.
` Q. Okay. Did you talk to your
`counsel in person?
` A. Yes.
` Q. Okay. And when was that?
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` A. Yesterday.
` Q. Okay. Did you have any phone
`conversations with your counsel before
`yesterday?
` A. Yes.
` Q. Did you communicate with anyone
`else regarding today's deposition?
` A. No.
` Q. Okay. And other than the
`materials cited in your declaration and the
`declaration itself, did you review any other
`documents in preparation of today's
`deposition?
` MR. HALDERMAN: Objection.
` THE WITNESS: Can you repeat that
` question, please?
`BY MR. CITROEN:
` Q. Other than materials cited in your
`declaration and your declaration itself, did
`you review any other documents in preparation
`of today's deposition?
` MR. HALDERMAN: Objection.
` THE WITNESS: No, I did not.
`BY MR. CITROEN:
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` Prasant Mohapatra, Ph.D.
` Q. Okay. Do you believe you had a
`sufficient amount of time to prepare for your
`deposition?
` A. I think so.
` Q. Okay. Okay. You said you've been
`deposed about nine times or so; is that
`correct?
` A. Yes.
` Q. Okay. Do you know how many patent
`litigations or Patent Office proceedings
`you've been involved in?
` A. It is in my CV. I would guess
`maybe 15 or so.
` Q. Okay. Did any of those
`proceedings involve motion sensing technology?
` A. I mean, if I had my CV in front of
`me, I can answer that exactly, but I -- I
`guess there were probably cases.
` Q. I have a copy of your CV.
` A. Okay.
` Q. If that helps, I can provide you
`one.
` MR. CITROEN: This is Patent Owner
` Exhibit 2002.
`
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` Prasant Mohapatra, Ph.D.
` (Patent Owner Exhibit 2002,
` curriculum vitae of Prasant Mohapatra, was
` previously marked.)
`BY MR. CITROEN:
` Q. And after reviewing your CV,
`please let me know if there are any
`patent-related proceedings or Patent Office
`proceedings that involved motion sensing
`technology.
` A. (Reviewing document.)
` The one -- there was an
`infringement case between Polaris Wireless and
`TruePosition on location-based services.
` Q. Any others that you see here that
`related to motion sensing technology?
` A. (Reviewing document.)
` There was some elements of motion
`sensing technology in the case related to AT&T
`versus Intellectual Ventures.
` Q. Okay. Any others?
` A. No, I think that's about it.
` Q. Okay. So the Polaris Wireless
`litigation, you state here in your CV on
`Page 2 of Exhibit 2002 that the topic was
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`location based services in wireless
`applications.
` Do you recall specifically what
`the subject matter was for that litigation?
` A. It's -- it's been five years. I
`don't recollect much about it.
` Q. In your opinion, is the use of GPS
`to determine the location of a person
`considered motion sensing technology?
` A. It depends on the context, and in
`some contexts, yes.
` Q. Do you mind providing an example
`just so I understand to make sure we're on the
`same page?
` A. So if I am in an outdoor
`environment and if I'm trying to find out
`whether I'm moving or not, GPS could be used.
` Q. Okay. And are you aware of an
`example of a location based service using GPS
`that would not be considered motion sensing
`technology?
` A. If I am in a location, let's say,
`the indoor environment where GPS doesn't work,
`then you cannot use it.
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` Prasant Mohapatra, Ph.D.
` Q. Okay. What about the scenario
`where you simply determine the coordinates of
`your location and use that information to
`determine nearby businesses, would that be
`motion sensing technology?
` Would that fall within the field
`of motion sensing technology?
` A. In a broad sense, yes.
` Q. And why is that?
` A. Because the -- the movement of
`someone from one location to another location,
`passing in front of a business, those are
`motion in general.
` Q. Okay. What if it's only just one
`coordinate that was collected from the GPS
`chip, would that still be within motion
`sensing technology?
` A. No.
` Q. And why is that?
` A. That will be the location sensing
`technology.
` Q. Okay. Is the movement of -- or
`scratch that.
` Is tracking the movement of a
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` Prasant Mohapatra, Ph.D.
`handheld device within the field of motion
`sensing technology?
` A. Tracking the movement of a device
`will be motion sense -- within the motion
`sensing technology.
` Q. The other case you mentioned was
`AT&T verse Intellectual Ventures which I think
`is listed on Page 3 of Exhibit 2002.
` Do you recall what the technology
`was at issue in that proceeding?
` A. Again, I don't recollect fully,
`but I think this was involving more of
`cellular networks and more aligned towards
`location, location sensing rather than motion
`sensing if you categorize that way.
` Q. Okay. So if -- if that's true and
`this case involved location sensing instead of
`motion sensing, do you believe that the
`technology at issue in that proceeding would
`be considered motion sensing technology?
` A. If it involves the location
`sensing, then it will not involve the motion
`sensing part.
` Q. Do you recall if you were deposed
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`in those two proceedings, the Polaris Wireless
`verse TruePosition proceeding and the AT&T
`verse Intellectual Ventures proceeding?
` A. No, neither of those cases.
` Q. You were not deposed?
` A. No.
` Q. Did you provide declarations or
`reports in those proceedings?
` A. Not in the case of AT&T versus
`Intellectual Venture. And I don't recollect
`what was the situation in Polaris Wireless.
` Q. Okay. And just to be clear,
`though, you -- you were not deposed in the
`Polaris Wireless case?
` A. No.
` Q. You just don't recall whether you
`submitted a report or declaration; right?
` A. That's correct.
` Q. Okay. So other than those
`litigations we just discussed, do you have any
`experience in motion sensing technology?
` A. Yes, I do. I have been working on
`my research related to motion sensing
`technologies for more than 15 years.
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` Q. Okay. This may be a tall order,
`but do you mind at a high level kind of
`running through some of your experience with
`motion sensing technology.
` A. So the areas that I have worked on
`are using various types of sensors as well as
`smartphone type of devices in analyzing their
`motion-sensing behaviors and working on
`performance, improvement, and energy
`efficiency as well as enhancing the precision
`of motion.
` I have also worked on translating
`various motion activities into information and
`using that information for applications.
` Q. Now, is this a summary of your
`experience generally or is this your --
`related to your research relating to motion
`sensing technologies?
` A. Kind of summarizing or giving you
`scope of part of my research work. You know,
`it's been -- it's been a long time I'm working
`on these topics and I published many, many
`papers in this area, so this is just an
`overview of part of my work.
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` Q. And was any of your research
`implemented into any -- any products?
` A. I have a few patents on my
`research. That would be --
` Q. Are those listed in your -- I'm
`sorry. Go ahead.
` A. Yes.
` (Reviewing document.)
` Q. Are you referring to the patents
`on Page 5 of your CV which is Exhibit 2002?
` A. Yes.
` Q. Okay. So any of your research
`relating to motion sensing technology, has
`that been implemented into an actual product?
` A. We have implemented some of our
`ideas into experimental system in-house, not
`commercial products.
` Q. Do you know how many experimental
`systems you developed in-house?
` A. I would say three or four.
` Q. Did those experimental systems
`have -- have a name that you referred to them
`by?
` A. No.
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` Q. Okay. Do you recall some of those
`specifics about how those experimental systems
`operated with respect to the motion sensing
`technology?
` A. I can give you one example. So we
`have one, and this is also a patented idea,
`that we move the mobile device, like a
`smartphone, in front of your face, and we
`capture the accelerometer variances when --
`when you are swiping across your face.
` Q. If I may -- I may ask --
` A. Yeah.
` Q. -- really, really quickly, when
`you say "swiping across your face," you mean
`moving the phone?
` A. Moving the phone across the face.
` Q. Okay.
` A. Once -- while you are doing that,
`there are -- there is, of course, kind of
`horizontal movement as well as the shaking of
`the hand, we capture all of those through the
`accelerometer readings, and we compare that
`with the corresponding movement of the pixels
`of the video that it is capturing and we
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`derive a correlation between those two events
`for authentication purposes.
` Q. I see. So in that particular
`example you just explained, was all motion
`data captured when it was moving across the
`person's face?
` A. Yes.
` Q. Do you recall any of the other
`experimental systems that you developed and
`what those entailed?
` A. So another one that we worked was
`using the accelerometer again in order to
`capture the slight movements because of the
`vibration due to acoustics when you speak. So
`the whole intention there was to emulate some
`functionalities of a microphone through motion
`sensing.
` Q. It sounds interesting.
` A. Yeah.
` Q. Was this for authentication
`purposes or simply to try and emulate a
`microphone?
` A. We started off with the goal of
`saving power, but we ended up using it for
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`authentication purposes and many other
`applications that we weren't aware of
`initially.
` Q. Okay. Do you remember the details
`of any other experimental systems that you
`developed or worked on?
` A. Assuming you are asking related to
`sensing; right?
` Q. Correct. Motion sensing
`technology.
` A. Yeah.
` Q. Yes. Thank you.
` A. We -- we had done one work on
`combining the barometric sensing with -- with
`the motion, especially detecting the variation
`of pressure inside the buildings, assuming
`that all buildings have HVAC, so using that in
`combination of the motion to detect openings
`of doors and windows, those kind of
`activities.
` Q. How was motion sensing involved in
`the detection of opening doors and windows?
` A. So what we noticed that there
`is -- if we are observing the barometric
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`sensing sensor, there is an unusual spike when
`someone opens the door or window even in large
`buildings.
` Q. So it was -- it was strictly the
`barometric data that you were using to sense
`whether a door or window was opening?
` A. So we -- that was the main part,
`but later on we expanded that to detect if you
`are moving with the devices, you know, how the
`spike changes in order to, but the goal is,
`again, to detect. So if you are not stable in
`one position, if you are moving how does the
`spike vary and that we correlate because the
`accelerometer detects the movement.
` Q. So in that system, were these --
`were these phones that you were using or
`different devices?
` A. We were using Android phones.
` Q. And if -- if a user was moving
`with their phone, would you capture their
`motion data the entire time?
` A. For that specific experiment, it
`wasn't necessary to capture the motion data
`for the entire time.
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` Q. So when would you capture the
`motion data in that specific scenario?
` A. When we -- in -- in that specific
`experiment when we see the variation of the
`barometric sensing was unusual, that's when we
`check, you know, whether the device is in
`motion or not.
` Q. So just to make sure I understand,
`so if there was a barometric reading that was
`unusual, you would then check to see if the
`device was moving?
` A. So what we were trying to do is if
`it is unusual and above certain threshold, we
`will flag that as a door is open. But if you
`are -- so where it was making a difference is
`if you are going up or down through the stairs
`and all, that is a variation of the barometric
`pressure also. So in order to filter data out
`during those instances we captured the motion.
` Q. So was -- the goal was to
`determine whether the user was moving
`vertically through the building?
` A. Yes, that was the intention.
` Q. Okay. Anybody capture the motion
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`data from the accelerometer for a defined
`period of time or was it more dynamic?
` A. We were doing it on as-need basis.
` Q. Okay. So in the context of when a
`user is, say, going up a flight of stairs,
`would you just capture the data at different
`periods of time or the entire time while
`they're moving vertically or some other
`situation?
` A. No, neither of those cases.
` What happens is, as I said, if you
`have an unusual behavior observed in the
`barometric sensing, you just do a check
`whether the device was rest or moving.
` Q. Okay. In your declaration, I
`believe it's Paragraph 6, you state that
`you're currently working at UC Davis, that
`you've been there since, I believe, 2001.
` A. Yes.
` Q. Okay. And some of the research
`that you have kindly described to me, is that
`research that you conducted while at UC Davis?
` A. Yes. Yeah.
` Q. Okay. Other than the -- strike
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`that.
` Do you teach any courses at
`UC Davis that -- that cover the topic of
`motion sensing technology?
` A. Yes. And I have that list in my
`CV. So Wireless and Mobile Networks cover
`sensing technologies and part of Computer
`Networks. I'm referring to the first page of
`my CV.
` Q. Okay. So on the first page of
`your CV, Exhibit 2002, you're reading from the
`portion with the heading "Teaching
`Experience"?
` A. Yes.
` Q. Okay. Are these the names of your
`classes or are these general topics that are
`covered in your classes?
` A. These -- let me make sure.
` Yes, these are -- all of them are
`the names of the classes, but I've also taught
`more courses beyond these names. We have a
`course where the name is Special Topics, which
`is a topic of the choice of the instructor,
`and often I have used that to teach more on
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`mobile networking.
` Q. And what aspects of motion sensing
`technology do you cover in these courses?
` A. So as far as the mobile devices
`are considered, we use accelerometer
`gyroscopes as the main sensing elements in
`those devices.
` Q. So these courses are going over
`the basics of motion sensing technology in
`mobile devices?
` A. Yes, and also in the outdoor
`environment we look at GPS.
` Q. Do those courses or any of those
`courses cover the application of sensed motion
`data?
` A. So in these courses we have
`projects assigned to the students. Through
`those projects, you know, they get the
`experience of building applications using
`sensed motion data.
` Q. In Paragraph 6 you also state that
`you spent time at Michigan State from 1999 to
`2001 and Iowa State from 1993 to 1998.
` A. That's correct.
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` Q. Do you see that?
` Okay. Did you have any classes
`that you taught or research experience at
`those universities relating to motion sensing
`technology?
` A. At Iowa State as well as -- well,
`at Iowa State I was focused more on computer
`architecture and performance modeling. So
`during those days I don't think I covered
`anything in the class that was related to
`motion sensing in the context that you are
`referring to.
` At Michigan State, I was, for a
`very short period of time, I did cover courses
`in architecture. I don't recollect getting
`into motion sensing --
` Q. Okay.
` A. -- during that time.
` Q. In Paragraph 7 of your declaration
`you mention that you held visiting scientist
`positions at numerous corporations.
` A. Yes.
` Q. With respect to those positions,
`to the extent your experience is not
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`confidential and you can speak with -- about
`them publicly, were any of those positions
`regarding motion sensing technology?
` A. The ones in which I have
`experience of working on motion sensing
`technologies are the National ICT Australia
`and KAIST, K-A-I-S-T, South Korea.
` Q. And just to be clear for the
`record, KAIST is a university in South Korea;
`correct?
` A. KAIST is Korea Advanced Institute
`of Science and Technology.
` Q. Do you recall what -- strike that.
` Let's start with National ITC
`Australia. What were you doing at National
`ITC Australia relating to motion sensing
`technology?
` A. National ITC Australia is a
`research lab of multiple universities in
`Australia. So I had a collaborator with whom
`I worked along with his students also on
`multiple projects related to mobile devices.
`And in most of those projects, we look at the
`sensing elements of the mobile devices that
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`includes accelerometer and gyroscopes.
` Q. Was there any specific aspects of
`the sensing elements that you were focused on
`while at National ITC Australia?
` A. I cannot relate any specifics, but
`we were looking in a broader sense on how we
`can use the multiple sensing elements of the
`mobile devices for various applications. That
`was the goal.
` Q. Okay. And do you recall what the
`focus of your work was at KAIST regarding
`motion sensing technology?
` A. At KAIST I took a sabbatical, so I
`worked on similar aspects as I mentioned about
`the NITC, National ITC Australia, and I also
`taught a short course related to mobile
`networking at KAIST.
` Q. Take a look at Paragraph 8 of your
`declaration. You list your various degrees.
`Did you take any classes or work on any
`research projects related to motion sensing
`technology with respect to any of your --
`obtaining any of your degrees?
` A. I don't recollect taking any
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`courses which directly relates to motion
`sensing technology that we are talking about.
` Q. And in Paragraph 10 you state that
`you've been awarded more than 40 million in
`grants and contract awards.
` A. Yes.
` Q. Are any of those grants or
`contract awards related to motion sensing
`technology?
` A. Yes.
` Q. Okay. Do you recall which ones?
` A. There are a few from the National
`Science Foundation. And I also work for the
`Department of Defense, Army Research Labs, so
`some of their projects include motion sensing
`technologies.
` Q. Do you recall any of the specifics
`of those projects to the extent they're not
`confidential and you can speak to them?
` A. So one of the National Science
`Foundation one is related to using the sensing
`elements in mobile devices and making sure
`that the energy consumption is low while you
`are using those sensors. All the ideas I
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`mentioned about the patents a few minutes
`back, they also resulted from some of these
`projects funded by National Science Foundation
`and the Department of Defense.
` Q. So you mentioned that part of the
`project focused on making sure that energy
`consumption is low. How did you achieve that
`objective of lowering