PUBLIC -- REDACTED
`
`Deposition of:
`Collin W. Park
`
`August 21, 2019
`
`In the Matter of:
`Google LLC v. Cywee Group LTD
`
`Veritext Legal Solutions
`800.808.4958 | calendar-dmv@veritext.com |
`
`GOOGLE 1049
`
`
`
`Deposition of:
`Collin W. Park
`
`August 21, 2019
`
`In the Matter of:
`Google LLC v. Cywee Group LTD
`
`Veritext Legal Solutions
`800.808.4958 | calendar-dmv@veritext.com |
`
`GOOGLE 1049
`
`
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`COLLIN W. PARK
`PROTECTIVE ORDER MATERIAL
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`Page 1
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`- - - - - - - - - - - - - - - x
`
`GOOGLE LLC,
`
`Petitioner,
`
`:
`
`:
`
`vs.
`
`: IPR2018-01257
`
`CYWEE GROUP LTD.,
`
`: IPR2018-01258
`
`Patent Owner. :
`
`- - - - - - - - - - - - - - - x
`
`RECORDED
`
`DEPOSITION OF: COLLIN W. PARK
`
`DATE:
`
`TIME:
`
`Wednesday, August 21, 2019
`
`9:42 a.m.
`
`LOCATION:
`
`Morgan Lewis & Bockius
`
`1111 Pennsylvania Avenue, N.W.
`
`Washington, D.C.
`
`REPORTED BY:
`
`Denise M. Brunet, RPR
`
`Reporter/Notary
`
`Veritext Legal Solutions
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`1250 Eye Street, N.W., Suite 350
`
`Washington, D.C. 20005
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`Veritext Legal Solutions
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`
`
`COLLIN W. PARK
`PROTECTIVE ORDER MATERIAL
`
`A P P E A R A N C E S
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`Page 2
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`On behalf of the Petitioner:
`
`ANDREW S. BALUCH, ESQUIRE
`
`Smith Baluch, LLP
`
`700 Pennsylvania Avenue, Southeast
`
`Suite 2060
`
`Washington, D.C. 20003
`
`(847) 863-1645
`
`baluch@smithbaluch.com
`
`On behalf of the Patent Owner:
`
`MICHAEL SHORE, ESQUIRE (via telephone)
`
`Shore Chan DePumpo LLP
`
`901 Main Street
`
`Suite 3300
`
`Dallas, Texas 75202
`
`(214) 593-9110
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`mshore@shorechan.com
`
`(Appearances continued on the next page.)
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`COLLIN W. PARK
`PROTECTIVE ORDER MATERIAL
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`Page 3
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`A P P E A R A N C E S ( c o n t i n u e d )
`
`O n b e h a l f o f t h e P a t e n t O w n e r ( c o n t i n u e d ) :
`
` C E C I L E . K E Y , E S Q U I R E
`
` D i M u r o G i n s b e r g P C
`
` 1 7 5 0 T y s o n s B o u l e v a r d
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` S u i t e 1 5 0 0
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` T y s o n s C o r n e r , V i r g i n i a 2 2 1 0 2
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` ( 7 0 3 ) 2 8 9 - 5 1 1 8
`
` c k e y @ d i m u r o . c o m
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`O n b e h a l f o f L G E :
`
` A N D R E W V . D E V K A R , E S Q U I R E
`
` M o r g a n L e w i s & B o c k i u s L L P
`
` 2 0 4 9 C e n t u r y P a r k E a s t
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` S u i t e 7 0 0
`
` L o s A n g e l e s , C a l i f o r n i a 9 0 0 6 7
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` ( 3 1 0 ) 2 5 5 - 9 0 7 0
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` a n d r e w . d e v k a r @ m o r g a n l e w i s . c o m
`
`A L S O P R E S E N T : W i l l E l l e r m a n ( v i a t e l e p h o n e )
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` R y a n M a r s h a l l , V i d e o g r a p h e r
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`COLLIN W. PARK
`PROTECTIVE ORDER MATERIAL
`
`Page 4
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` C O N T E N T S
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`EXAMINATION BY: PAGE:
`
`Counsel for Patent Owner 6
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`CYWEE DEPOSITION EXHIBITS: PAGE:
`
`Exhibit 2035 - Amended Notice of Deposition 21
`
`Exhibit 2036 - Original Complaint for Patent
`
` Infringement 23
`
`Exhibit 2037 - Petition for Inter Partes Review
`
` IPR2019-00559 54
`
`Exhibit 2038 - Petition for Inter Partes Review
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` IPR2019-00560 54
`
`Exhibit 2039 - Petition for Inter Partes Review
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` IPR2019-01203 54
`
`Exhibit 2040 - Introducing PAX 83
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`Exhibit 2041 - Declaration of Collin W. Park 119
`
`Exhibit 2042 - June 27, 2019 Lawflash article 133
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`Exhibit 2043 - Calendar 152
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`Exhibit 2044 - Exemplary Claim Charts 201
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` (*Exhibits attached to the transcript.)
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`COLLIN W. PARK
`PROTECTIVE ORDER MATERIAL
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` P R O C E E D I N G S
`
` THE VIDEOGRAPHER: This is the start of
`
`tape labeled number 1 of the videotaped deposition
`
`of Collin Park in the matter of IPR proceeding
`
`IPR 2018-01257 and IPR 2018-01258. This is being
`
`handled in the U.S. Patent and Trademark Office,
`
`case numbers IPR 2018-01257 and IPR 2018-01258.
`
` This deposition is being held at 1111
`
`Pennsylvania Avenue, Northwest, Washington, D.C.,
`
`on August 21st, 2019 at approximately 9:42 a.m.
`
`My name is Ryan Marshall from TSG Reporting,
`
`Incorporated and I am the legal video specialist.
`
`The court reporter today is Denise Brunet, also in
`
`association with TSG Reporting.
`
` Will counsel please introduce yourselves
`
`and state whom you represent.
`
` MR. SHORE: Michael Shore in Dallas,
`
`Texas taking the deposition remotely representing
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`CyWee. And with me is Will Ellerman.
`
` MR. KEY: Cecil Key of DiMuro Ginsberg
`
`representing patent owner CyWee.
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` MR. DEVKAR: Andrew Devkar of Morgan
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`COLLIN W. PARK
`PROTECTIVE ORDER MATERIAL
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`Page 6
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`Lewis on behalf of co-petitioner LGE and the LGE
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`parties.
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` THE VIDEOGRAPHER: All right. Will the
`
`court reporter please swear in the witness.
`
`WHEREUPON,
`
` COLLIN W. PARK,
`
`called as a witness, and having been sworn by the
`
`notary public, was examined and testified as
`
`follows:
`
` EXAMINATION BY COUNSEL FOR PATENT OWNER
`
`BY MR. SHORE:
`
` Q Mr. Park, can you state your full name
`
`for the record, please.
`
` A Collin Park, C-O-L-L-I-N, P-A-R-K.
`
` (Discussion held off the record.)
`
`BY MR. SHORE:
`
` Q Mr. Park, what's your date of birth?
`
` A My date of birth?
`
` Q Yes.
`
` A I guess we're going to have to make this
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`confidential. I mean, I can answer that, but
`
`we'll have to make this confidential.
`
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`COLLIN W. PARK
`PROTECTIVE ORDER MATERIAL
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`Page 7
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` MR. DEVKAR: We'll designate the
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`transcript protective order material confidential.
`
` THE WITNESS:
`
`BY MR. SHORE:
`
` Q What year?
`
` A What year? I'm not sure why you need
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`that,
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` Q And where were you born?
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` A I was born in Seoul, Korea.
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` Q And when did you -- give me your basic
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`educational history, starting with high school.
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` A I went to -- I attended one semester of
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`high school in Seoul Korea. It's called a -- a
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`school called Taewon -- phonetically, it could be
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`spelled T-A-E-W-O-N -- High School. And then I
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`moved with my family to Springfield, Virginia. I
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`attended a high school called Robert E. Lee High
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`School.
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` Q It's not called that now.
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` A I don't know that for sure. And then I
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`graduated from Robert Lee High School, went to
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`attend University of Virginia, the reigning NCAA
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`PROTECTIVE ORDER MATERIAL
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`champions in basketball, graduated from University
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`of Virginia with a bachelor's in electrical
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`engineering. And then also attended University of
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`Virginia for my master's in engineering.
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` And then I graduated -- I believe it was
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`in 1991. And then I attended -- there was a
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`little bit of a gap between my master's program
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`and law school. I attended the George Washington
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`law school starting in 1992, I believe, graduating
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`in 1996. I haven't gone back to school since.
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` Q What's your master's in?
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` A Electrical engineering.
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` Q All right. So you got your master's in
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`1991?
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` A I believe so. I believe it was in
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`January. I know I attended graduate school for a
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`year and a half. So I believe it was in -- it may
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`have been December 1990, I'm not sure. But it was
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`either December 1990 or January 1991.
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` Q And then, after that, you went to George
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`Washington University law school?
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` A Not right away. I started at GW law
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`school, I believe, in August 1992 or so.
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` Q For that 18 or 19 months, or 20 months,
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`whatever it was, what did you do between your
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`master's and law school?
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` A I worked for the U.S. Patent and
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`Trademark Office.
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` Q And so that would have been around 1991
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`to 1992, about midway through 1992, when the fall
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`term of law school started?
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` A Actually, I worked for the U.S. Patent
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`and Trademark Office until the fall of 1997.
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` Q All right. So you worked there while you
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`went to George Washington law school?
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` A Yes.
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` Q And were you a patent examiner?
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` A I was.
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` Q In what area of art were you an examiner?
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` A It was called microprocessor controlled
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`vehicle systems, I believe, or something like
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`that. I might not be naming it correctly. But it
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`was some type of microprocessor-based control
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`systems.
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` Q Okay. So your time as a patent
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`examiner -- I guess that you had to become
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`familiar with the MPEP?
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` A I had some familiarity with it.
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` Q But you worked with it for, it looks
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`like, six years. Were you at the patent office
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`for six years?
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` A About six-and-a-half years.
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` Q All right. As a patent examiner, right?
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` A As a patent examiner, correct.
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` Q Okay. And then after you went to law
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`school and graduated, did you remain at the patent
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`office as a patent -- as a lawyer?
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` A As a patent examiner for another year and
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`a few months, I think.
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` Q And why didn't you go to work in the
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`private industry?
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` A Why? I can't recall exactly, but I think
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`that I was at the time looking for a -- some type
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`of a lawyer position within the patent office. It
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`didn't work out.
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` Q Okay. When did you take the patent bar?
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` A I did not take the patent bar.
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` Q So you're not a registered patent
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`attorney?
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` A I am a registered patent attorney.
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` Q All right. So how did you become a
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`registered patent attorney without taking the
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`patent bar?
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` A Because I had been a patent examiner for
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`a longer time than was needed to get a waiver of a
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`patent bar. I believe it was four years when I
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`was there.
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` Q Okay. So if you're a patent examiner and
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`you act as a patent examiner for a certain period
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`of time, you can get a waiver from taking the
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`patent bar?
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` A Correct. That's my understanding.
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` Q So I guess that's one of the incentives
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`to get people to be patent examiners?
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` A I think you can say that.
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` Q All right. So now, briefly, from your
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`post-USPTO job as a patent examiner, give me your
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`employment history. And you don't have to go into
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`Page 12
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`a lot of detail.
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` A After I left the patent office, I joined
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`Morgan Lewis, and I've been with Morgan Lewis ever
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`since.
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` Q So when was that?
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` A It was 1997.
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` Q And are you a partner at Morgan Lewis?
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` A I am.
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` Q And when did you become a partner?
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` A I believe it was 2004.
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` Q So about seven years after you joined the
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`firm?
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` A I think that's about right.
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` Q All right. Other than -- sorry. What
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`percentage of your book of business is LG?
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` A Do you mean LG generally? Any LG?
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` Q Any LG. Any LG entity.
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` MR. DEVKAR: Caution as to privilege.
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` THE WITNESS: I mean, I can say that I
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`worked for LG generally and -- you know, several
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`different LG entities, but I'm not sure that I can
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`really go into percentage.
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`Page 13
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`BY MR. SHORE:
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` Q Well, let me -- why not? Why can't you
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`give me -- is LG a hundred -- is some LG entity or
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`a group of LG entities a hundred percent of your
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`work? 95 percent of your work? 98 percent of
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`your work? What's the percentage?
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` MR. DEVKAR: Caution as to privilege. I
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`think the nature of the firm's billing records are
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`privileged and work product.
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` MR. SHORE: Well, that's good because I
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`didn't ask for that.
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`BY MR. SHORE:
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` Q I asked, what percentage of your work is
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`for LG?
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` MR. DEVKAR: Caution as to privilege.
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` MR. SHORE: That's not -- how is that
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`privileged?
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` MR. DEVKAR: Because you're asking for
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`the amount of work and an approximate percentage
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`that we do for clients which is privileged
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`information.
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` MR. SHORE: No, I'm not. I'm not asking
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`COLLIN W. PARK
`PROTECTIVE ORDER MATERIAL
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`Page 14
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`what percentage -- first of all, that's not
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`privileged. Second of all, it goes to bias. It
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`goes to credibility. If he's testifying on behalf
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`of somebody who he is 100 percent for his
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`livelihood on, that's something that needs to be
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`put out there.
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`BY MR. SHORE:
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` Q So I'll ask the question again.
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`Mr. Park, what percentage of your business is LG?
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` A I can say that LGE -- LG Electronics --
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`who is the co-petitioner in these proceedings,
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` Q What about all LG entities?
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` A All LG entities? First of all, that, I
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`believe, is neither here or there because those
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`are independent. Just because they have LG in
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`front of it doesn't mean that they're somehow all
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`being controlled by LGE, because they're not.
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` Q Well, they are all being controlled by
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`LGE because they're all subsidiaries of LGE and
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`they all use the same legal department.
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` A No, they're not.
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` MR. SHORE: So I'm going to object --
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` THE WITNESS: That's absolutely not
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`correct.
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` MR. SHORE: I'm going to object as
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`non-responsive and move to strike.
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`BY MR. SHORE:
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` Q Mr. Park, you're a litigation attorney,
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`correct?
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` A I -- litigation is part of what I do. I
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`wouldn't call myself a litigation attorney
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`necessarily.
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` Q And you've done -- you've taken
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`depositions in the past, haven't you?
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` A I have.
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` Q And you've probably had unresponsive,
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`uncooperative witnesses before, right?
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` MR. DEVKAR: Objection. Form.
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` THE WITNESS: I don't recall.
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`BY MR. SHORE:
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` Q You've never had an uncooperative,
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`nonresponsive witness in a deposition?
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` MR. DEVKAR: Objection. Form.
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`Objection. Scope.
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` THE WITNESS: Depending on what you mean
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`by unresponsive and uncooperative.
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`BY MR. SHORE:
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` Q One who will not answer a direct
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`question, one who constantly gives frivolous
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`objections to privilege. One who will not give a
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`straight answer. You'd agree with me that
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`witnesses like that are not credible.
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` MR. DEVKAR: Objection. Form.
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`Objection. Scope.
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`BY MR. SHORE:
`
` Q Mr. Park, you'd agree with me that
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`uncooperative witnesses are not credible. Because
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`if you have nothing to say that's untrue or
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`nothing to say that's hurtful to your client in
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`this case, you ought to be able to just answer my
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`questions directly without objections and without
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`arguing, without recharacterizing?
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` MR. DEVKAR: Objection. Form.
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`BY MR. SHORE:
`
` Q You should be able to do that, right?
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` MR. DEVKAR: Objection. Form.
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`Objection. Scope.
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` THE WITNESS: So can you repeat your
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`question?
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`BY MR. SHORE:
`
` Q My question is, what percentage of your
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`book of business is LG-related, LG in the broadest
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`sense, companies that have LG in their name,
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`companies that are majority owned by LG, companies
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`that are affiliated or tied to LG? 100 percent of
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`your book of business, or very close to 100
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`percent of your book of business, is LG, correct?
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` A Like I said, LG Electronics would, I
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`would say, my estimate -- I haven't thought about
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`this -- would be about
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` percent.
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` The other LG entities, yes, represent
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`most of the remainder of my business, but they are
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`not controlled by LGE and they are independent
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`companies of LGE and they're not subsidiaries of
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`LGE.
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` Q All right. Who are these companies that
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`are not controlled by LGE and are independent of
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`LGE? Name them, please.
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` A
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` THE REPORTER: LG...
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` THE WITNESS:
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`BY MR. SHORE:
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` Q
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` A
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` Q Anybody else who are independent and not
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`controlled by LG?
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` A
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` Q Well, I know that's not true because I've
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`sued
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` I know they're controlled by
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`LGE. Okay. Go --
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` A No, they're not.
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` MR. DEVKAR: Objection. Form.
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` THE WITNESS: No, they're not. You're
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`mistaken.
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`BY MR. SHORE:
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` Q That's the joint --
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` is a joint
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`venture between LG and -- I forget who the other
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`company is, right?
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` A Incorrect.
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` Q All right.
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`What other LG entities do you represent?
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` A
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` Q And what does
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` do?
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` A They make various parts that go into
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`other products.
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` Q Would that include CMOS image sensors?
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` A I don't think so.
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` Q All right. Any other LG company that you
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`represent other than LGE,
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`and
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` A Those are the ones that come to mind.
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` Q Okay. And what would that be, 99 percent
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`of your businesses?
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` MR. DEVKAR: Objection. Form.
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` THE WITNESS: I don't know the exact
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`percentage.
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`BY MR. SHORE:
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` Q Well, let's estimate.
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` A But they are --
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` Q Over 90 percent?
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` A But they're
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` is what I
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`would say.
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` Q What does
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` mean?
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`Does that mean 90 percent? 95 percent? 99
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`percent? A hundred percent?
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` A Probably
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` That's
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`the best I could do for you.
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` Q Now, how many -- in your time at Morgan
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`Lewis, how many IPR petitions have you personally
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`overseen the filing of?
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` A Three.
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` Q And who were they on behalf of?
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` A LG Electronics and LG Electronics USA.
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` Q And of those IPR petitions, who were the
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`respondents or the patent owners?
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` A The patent owner was and is CyWee.
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` Q And that's in all three?
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` A All three, yes.
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` Q I think that -- Cecil may correct me, but
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`I think Exhibit 2035 will be amended notice of
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`deposition of Collin Park. Do you have that in
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`front of you?
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` A I do now.
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` (CyWee Deposition Exhibit Number 2035 was
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`marked for identification.)
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`BY MR. SHORE:
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` Q Do you have the exhibit?
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` A I do.
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` Q All right. So you're appearing here
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`today pursuant to Exhibit 2035 which is the notice
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`of your deposition, correct?
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` A I actually haven't seen this particular
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`document, so let me take a look. I saw the
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`previous version.
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` Q I think this one just changes the time.
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`Anyway, you're appearing here today by notice,
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`correct?
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` A Correct.
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` Q And do you represent Google?
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` A I do not.
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` Q Does -- do you have any attorney/client
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`relationship with Google?
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` A Not direct attorney/client relationship,
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`no.
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` Q What does that mean, not direct?
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` A That means Google is not my client.
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` Q All right. Do you believe that any
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`communications between you and Google attorneys or
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`any person at Google related to CyWee, the IPRs,
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`or any matter before us today would be privileged?
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` A Yes.
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` Q If they're not your client, how could
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`they be subject to the attorney/client privilege?
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` A We have interests in defending against
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`CyWee's accusations of infringement against our
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`respective clients.
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` Q Who's the "we"? Who is the "we" that --
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` A "We" here would be -- I should say LGE,
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`who we -- who I represent, and Google, who I don't
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`represent, have the same interest in terms of
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`defending against CyWee's assertion of the '438
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`and '978 patents.
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` Q So you're asserting a common interest
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`privilege between LGE and Google?
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` A I am.
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` Q When did the common interest privilege
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`arise?
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` A I believe -- I don't know the -- I can't
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`recall the exact timing, but I believe when the --
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`there were at least two lawsuits that were filed
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`against various defendants by CyWee based on the
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`'438 and '978 patents. I don't know the exact
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`timing.
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` Q So let's take a look -- and Mr. Key will
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`probably have to hand it to you, but there's a --
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`we'll mark as the next exhibit, 2036, the original
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`complaint for patent infringement filed by CyWee
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`Group against Samsung Electronics on
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`February 17th, 2017. Let me know when you have
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`that.
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` A Will do.
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` (CyWee Deposition Exhibit Number 2036 was
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`marked for identification.)
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`BY MR. SHORE:
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` Q Are you set?
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` A I have it. I'm going through it.
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` Q Okay. Well, let's -- we're not going to
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`go through it in detail, but you can glance
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`through it. That's fine.
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` But my point is, you said that -- in your
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`previous answer, that there were complaints filed
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`by CyWee against various defendants and you
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`thought that would be the trigger point for the
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`common interest privilege. So is it your position
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`that on February 17th, 2017, when CyWee filed its
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`first lawsuit accusing the Android operating
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`system of being part of an infringing article,
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`that a common interest arose between LGE and
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`Google?
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` MR. DEVKAR: Objection. Form.
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` THE WITNESS: So on February 17th, 19 --
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`2017, when this complaint against Samsung was
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`filed? Was there any other complaint filed at
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`this time?
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`BY MR. SHORE:
`
` Q Nope. That was the first one. First
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`time Android had been accused. And if you want to
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`look at the accusations of Android, if you take a
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`look at the attachments to the complaint, the
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`claim chart, if you look at page 4 where it
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`literally calls out Android code as part of the
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`infringing article -- so you have a complaint
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`against Samsung. It literally charts from the
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`Android website Android code as part of the
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`infringing article.
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` At that point in time, do you believe a
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`common interest existed between LG and Google?
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` MR. DEVKAR: Objection. Form.
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`Objection. Scope.
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` THE WITNESS: At this point, I'm not
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`sure. The reason I say that was because we were
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`not involved at this time when this was filed. I
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`would need to know --
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`BY MR. SHORE:
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` Q I didn't -- I didn't ask that. I asked
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`when the common interest arose. I mean -- so what
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`I'm trying to get at is -- let me back up. Let's
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`make this a little easier.
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` So you're not sure if a common interest
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`existed on February 7th [sic], 2017. And the
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`reason that you're not sure because LG had not yet
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`been sued?
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` A Well, that's part of the reason. And I'm
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`not sure whether -- and we weren't in a position
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`to try to determine whether any of the accusations
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`that you have in this complaint against Samsung
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`somehow also implicates LG. I don't know that.
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` Q On May 31st, 2017, CyWee sued LG
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`Electronics, LG USA and LG Electronics Mobilecomm.
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`And that suit was served on June 6th, 2017.
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` First of all, do you recall whether you
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`had any discussions with CyWee or CyWee's counsel
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`prior to LG being sued?
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` MR. DEVKAR: Objection. Form.
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` THE WITNESS: I do not. And I don't
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`agree with all the dates that you have. I don't
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`know that. I don't have any way at this point to
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`make sure that all your dates are correct.
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` But prior to the complaint against LGE
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`filed by CyWee, I'm not aware of any discussions
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`between LG and CyWee. I've not been part of any
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`discussion between CyWee and LG prior to the
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`complaint being filed against LG.
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`BY MR. SHORE:
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` Q Okay. Now, when did you first -- and I'm
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`going to get back to the common interest
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`privilege. But would you agree with me that once
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`LG was sued and the Android operating system was
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`part of the claim chart, that LG and Google had a
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`common interest in defeating the CyWee claim?
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` MR. DEVKAR: Objection. Form.
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`Objection. Scope.
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` THE WITNESS: I'm not sure whether LG and
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`Google would have common interest at that point.
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`I'd have to actually go into it and do more
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`analysis as to whether the complaint against LG
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`somehow implicates Google.
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` But at that point, it probably is
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`correct, although I can't say for sure, that
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` and LG probably had common interest if the
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`accusations against them were based on the same
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`patents that CyWee owned and both LG and
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`had interest against [sic] defending against
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`CyWee's patents.
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`BY MR. SHORE:
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` Q All right. What I'm getting at is you've
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`asserted a common interest privilege between LGE
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`and Google. So what I'm trying to figure out is
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`two things: What's the basis of that privilege?
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`What's the factual basis of the privilege? Which
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`I believe you told me was the fact that Google
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`code, Android code was implicated in the
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`allegations against LG. Maybe I misheard you.
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` But second of all, when did that common
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`interest privilege arise and what's the factual
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`basis for it?
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` So I'm just going to ask you that
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`question. You can give as long and expansive of
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`an answer as you want. In fact, if you're going
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`to assert a common interest privilege between LG
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`and Google, number one, what's the factual basis
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`for that assertion of common interest privilege?
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`And two, when did it start?
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` MR. DEVKAR: Objection. Form. Scope.
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`And caution as to privilege.
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` THE WITNESS: So -- and I don't
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`believe -- first of all, let me begin by saying
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`that I think you did mishear me. I don't think
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`that -- your recitation of what I might have said
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`I don't think is correct.
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`BY MR. SHORE:
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` Q Okay. That's fine. Mr. Park, this is
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`your deposition, not mine. What I'm trying to
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`figure out is -- well, I'm going to break this
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`into two questions.
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` A Okay.
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` Q What's the factual basis for your
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`assertion of the common interest privilege, that
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`there's a common interest share between Google and
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`LG?
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` MR. DEVKAR: Objection. Form. And
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`caution as to privilege.
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` THE WITNESS: Again, my understanding is
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`that the same patents are being asserted against
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`LG or LG products. Here, when I say LG short, I
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`only mean LG Electronics and LG Electronics USA.
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` And the same patents are being asserted
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`against Google or Google's products. And that's
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`the basis. And there's a common interest in terms
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`of defending against the same patents asserted by
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`CyWee against LG or LG products and LG or -- and
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`COLLIN W. PARK
`PROTECTIVE ORDER MATERIAL
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`Page 30
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`Google or Google's products.
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`BY MR. SHORE:
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` Q All right. So until Google is sued in
`
`April of 2018, no common interest privilege under
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`your definition could exist?
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` MR. DEVKAR: Objection. Form.
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`Objection -- and caution as to privilege.
`
` THE WITNESS: I don't think that's
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`necessarily true because I think that there may
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`have been product or products of Google that were
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`accused prior to that.
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`BY MR. SHORE:
`
` Q Yeah, there was. Android. Android was
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`accused from the very beginning?
`
` A I don't mean open source Android. I
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`don't know -- I can say that's Google's. I --
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`what I mean is actual phone.
`
` Q Okay. So if you're going to claim this
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`privilege, this common interest privilege, I have
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`to know when it starts because every communication
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`before it starts, I'm entitled to.
`
` A So let me -- let me get to this. I
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`Veritext Legal Solutions
`215-241-1000 ~ 610-434-8588 ~ 302-571-0510 ~ 202-803-8830
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`
`
`COLLIN W. PARK
`PROTECTIVE ORDER MATERIAL
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`Page 31
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`think, if I'm not mistaken -- again, you know, I
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`may not be precise in terms of particular dates,
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`but I believe even before Google was sued, CyWee
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`accused at least one of Google's products
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