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` UNITED STATES PATENT AND TRADEMARK OFFICE
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` BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`Page 1
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` GOOGLE LLC,
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` Petitioner,
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` vs.
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` CYWEE GROUP, LTD.,
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` (Record) Patent Owner
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` IPR2018-01257 and IPR2018-01258
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` **CONTAINS CONFIDENTIAL PORTIONS**
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` **PAGES 86-147 BOUND SEPARATELY**
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` DEPOSITION OF
`
` JOSEPH J. LAVIOLA, JR., Ph.D.
`
` Orlando, Florida
`
` Tuesday, August 13, 2019
`
`STENOGRAPHICALLY REPORTED BY:
`
`RHONDA HALL-BREUWET, RDR, CRR, LCR, CCR, FPR
`
`JOB NO. 165998
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`TSG Reporting - Worldwide 877-702-9580
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` UNITED STATES PATENT AND TRADEMARK OFFICE
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` BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`Page 1
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` GOOGLE LLC,
`
` Petitioner,
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` vs.
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` CYWEE GROUP, LTD.,
`
` (Record) Patent Owner
`
` IPR2018-01257 and IPR2018-01258
`
` **CONTAINS CONFIDENTIAL PORTIONS**
`
` **PAGES 86-147 BOUND SEPARATELY**
`
` DEPOSITION OF
`
` JOSEPH J. LAVIOLA, JR., Ph.D.
`
` Orlando, Florida
`
` Tuesday, August 13, 2019
`
`STENOGRAPHICALLY REPORTED BY:
`
`RHONDA HALL-BREUWET, RDR, CRR, LCR, CCR, FPR
`
`JOB NO. 165998
`
`TSG Reporting - Worldwide 877-702-9580
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`Google 1048
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`Page 2
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` August 13, 2019
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` 9:20 a.m.
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` Deposition of JOSEPH J. LAVIOLA,
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`JR., Ph.D., held at the offices of Regus
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`Business Center, 111 North Orange Avenue, Suite
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`800, Orlando, Florida 32801, before Rhonda
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`Hall-Breuwet, Registered Diplomate Reporter,
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`Certified Realtime Reporter, Licensed Court
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`Reporter (TN), Certified Court Reporter (GA and
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`LA), Florida Professional Reporter, and Notary
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`Public of the State of Florida.
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`A P P E A R A N C E S:
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`ATTORNEYS FOR PETITIONER:
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` SMITH BALUCH
`
` 100 M Street SE
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` Washington, DC 20003
`
` BY: ANDREW BALUCH, ESQUIRE
`
`ATTORNEYS FOR PATENT OWNER:
`
` DIMURO GINSBERG
`
` 1750 Tysons Boulevard
`
` Tysons Corner, Virginia 22102
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` BY: CECIL KEY, ESQUIRE
`
`ALSO PRESENT:
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` DONALD J. BREUWET, LEGAL VIDEOGRAPHER
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` --------------- I N D E X -----------------
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`WITNESS: JOSEPH J. LAVIOLA, JR., Ph.D.
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`EXAMINATION PAGE
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` BY MR. BALUCH 12
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` -------------- E X H I B I T S -----------
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`NUMBER MARKED
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`Exhibit 2034 Document Titled 10
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` "Attitude.cpp"
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` ------------ EXHIBITS REFERENCED -----------
`
`NUMBER MARKED
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`Exhibit 1017 United States Patent 51
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` Application Publication,
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` US 2010-0312468 A1
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`Exhibit 2012 Provisional Application 21
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` for the '558 Patent
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`Exhibit 2031 Code Source Document 90
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`Exhibit 2032 Expert Declaration of Dr. 12
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` Joseph LaViola, Ph.D., in
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` Support of Patent Owner
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` Reply in Support of
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` Motion to Amend
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` JOSEPH J. LAVIOLA, JR., Ph.D.
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` THE VIDEOGRAPHER: This is the start
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`of Media Number 1 for the videotaped
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`deposition of Dr. Joseph LaViola in the
`
`matter of Google LLC versus CyWee Group,
`
`Limited, in the United States Patent and
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`Trademark Office, Cases Number -- Case
`
`Number IPR2018-01257 and 01258.
`
` This deposition is being held at 111
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`North Orange Avenue, Orlando, Florida,
`
`on August 13th of 2019. The current
`
`time is 9:20.
`
` My name is Don Breuwet from TSG
`
`Reporting, Incorporated. I'm the legal
`
`video specialist. The court reporter is
`
`Rhonda Breuwet, in association with TSG
`
`Reporting.
`
` Will counsel please introduce
`
`yourselves.
`
` MR. BALUCH: Andrew Baluch for
`
`Google LLC, the petitioner.
`
` MR. KEY: And Cecil Key for CyWee
`
`Group, patent owner.
`
` THE VIDEOGRAPHER: Will the court
`
`reporter please swear in the witness.
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` CERTIFIED STENOGRAPHER: Raise your
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`right hand, please.
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` Do you solemnly swear the testimony
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`you are about to give will be the truth,
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`the whole truth, and nothing but the
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`truth?
`
` THE WITNESS: I do.
`
` MR. BALUCH: Okay. So before I ask
`
`any substantive questions, there are
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`just a couple preliminary housekeeping
`
`matters between the attorneys. So
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`yesterday afternoon when I arrived in
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`Orlando here I received an email from
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`Mr. Key stating that CyWee would like to
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`file a new corrected exhibit of the
`
`source code, the source code that was
`
`previously filed by CyWee, which was
`
`Exhibit 2031.
`
` The parties have conferred and the
`
`parties agree that CyWee can introduce
`
`here in this deposition and will file in
`
`the proceeding the new version of the
`
`documents, which will be new
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`Exhibit 2034. And the parties agree
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`that any reference to Exhibit 2031 in
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`Dr. LaViola's declaration or Dr. Liou's
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`declaration shall be treated as a
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`reference to new 2034.
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` So therefore, it's not necessary for
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`CyWee to resubmit either of those
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`declarations to correct the exhibit
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`number. And CyWee -- strike that.
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` Google agrees to waive any objection
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`based on untimeliness of Exhibit 2034 --
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`strike that -- 2031, provided that
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`Mr. Key represents what are the
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`differences here on the record as he
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`informed me via email.
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` MR. KEY: Thank you, Counselor. And
`
`that is -- is correct. The -- I will
`
`represent that the only difference
`
`between Exhibit 2031 as filed and 2034
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`is the addition of line numbers to the
`
`source code so that it can be
`
`cross-referenced when referenced in the
`
`declarations. And we're in agreement in
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`terms of the introduction, I assume.
`
`You mentioned that CyWee would introduce
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`it. We're happy to do that.
`
` I'm assuming you may also want to
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`depose the witness about it. But in any
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`event, once the deposition is concluded,
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`we will file it with the board.
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` And apart from that, I think we're
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`in agreement about new Exhibit 2034. I
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`guess I will also note that the parties
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`have agreed to a modified protective
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`order which will be filed probably today
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`and that any testimony -- this document
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`and any testimony regarding it we will
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`designate as highly confidential
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`protective order material pursuant to
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`the terms that the party have agreed to
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`and will be filing with the court.
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` Finally -- oh, go ahead.
`
` MR. BALUCH: So before we leave
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`Exhibit 2034, so for purposes of today's
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`deposition, are you formally introducing
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`Exhibit 2034 into this deposition so
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`that Mr. -- Dr. LaViola can be deposed
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`on it?
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` MR. KEY: Yes.
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` MR. BALUCH: Okay.
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` MR. KEY: Yes.
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` MR. BALUCH: So it -- it is becoming
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`part of the record for this deposition?
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` MR. KEY: Correct.
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` MR. BALUCH: All right. So although
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`Google does not object to the
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`untimeliness of it, Google does object
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`hereby for lack of foundation,
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`authentication, best evidence, and
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`incomplete document.
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` MR. KEY: Okay. That's fine. I
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`think some of those, if not all those
`
`issues will be addressed in the
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`depositions. But I understand the
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`objections. Anything further on --
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` MR. BALUCH: That's all for
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`Exhibit 2034.
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` (Exhibit 2034, Document
`
` Titled "Attitude.cpp," was
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` marked for identification.)
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` MR. KEY: Okay. I believe the next
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`issue is that we do have a videographer
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`here, but pursuant to Rule CFR 42.53, a
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`deposition can only be videoed if the
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`parties agree. CyWee did not agree,
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`and, in fact, there was a -- been a
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`standing agreement since Dr. LaViola's
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`first deposition -- I believe was in
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`May -- that the deponents would not be
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`videoed. And so we object to the video
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`of the deposition. We are -- do not
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`object, however, to recording it by
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`audio, which was done for both
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`Dr. LaViola's previous deposition and
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`Dr. Sarrafzadeh's deposition.
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` MR. BALUCH: Just a question about
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`that, sir. Does the purpose of the
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`objection to videotaping have anything
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`to do with the confidential information?
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` MR. KEY: No. It is not based on
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`confidentiality. The reasons for the
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`original objection are in the record, in
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`Dr. LaViola's original deposition. But
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`we did have a standing agreement with
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`Mr. Smith, and we honored that agreement
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`as to Dr. Sarrafzadeh.
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` And, unfortunately, I did not -- I
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` would have raised this earlier. I did
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` not see the notice of deposition when it
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` was filed. So I would otherwise have
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` raised it earlier.
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` MR. BALUCH: That's fine. From this
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` point forward through the deposition, it
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` will no longer be videotaped.
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` MR. KEY: Thank you.
`
` (Off the video record at 9:26 a.m.)
`
` JOSEPH J. LAVIOLA, JR., Ph.D.
`
`acknowledged having been duly sworn to tell
`
`the truth and testified upon his oath as
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`follows:
`
` DIRECT EXAMINATION
`
`BY MR. BALUCH:
`
` Q. Good morning, Dr. LaViola.
`
` A. Good morning.
`
` Q. I'm going to hand you a copy of what
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`has been marked by CyWee as Exhibit 2032 in
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`IPR2018-01257 and 01258.
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` Do you recognize this document?
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` A. Yes.
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` Q. What is it?
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` A. This is my declaration in support of
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` JOSEPH J. LAVIOLA, JR., Ph.D.
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`the patent owner reply in support of motion
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`to amend.
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` Q. And you're -- obviously have been
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`deposed before, including in these cases,
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`correct?
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` A. Yes.
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` Q. Are you familiar with the rules of
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`depositions?
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` A. Yes.
`
` Q. So you understand that when I ask
`
`you a question, you're required to answer the
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`question; yes?
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` A. As long as counsel says it's okay.
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` Q. And -- well, that's not exactly
`
`right. The -- you are required to answer a
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`question that I ask unless counsel instructs
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`you not to answer for purposes of privilege.
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`You understand that?
`
` A. Yes.
`
` Q. But otherwise, a regular
`
`objection -- an objection other than to
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`preserve privilege is not an objection that
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`permits you to not answer the question; yes?
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` A. Yes.
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` JOSEPH J. LAVIOLA, JR., Ph.D.
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` Q. Okay. Are you a professor?
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` A. Yes.
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` Q. Where do you teach?
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` A. University of Central Florida.
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` Q. And you teach undergraduate
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`students?
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` A. I teach both undergraduate and
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`graduate students.
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` Q. And how big are the classes?
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` A. I've taught anywhere from courses
`
`with ten students to 250.
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` Q. All right. So you have experience
`
`giving public presentations; yes?
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` A. Yes.
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` Q. And -- but why do you not want to be
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`videotaped in this deposition?
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` MR. KEY: Well, objection. I don't
`
` think that's a proper line of inquiry
`
` outside the scope of his declaration.
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` And frankly we already covered it in his
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` prior deposition.
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`BY MR. BALUCH:
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` Q. Okay. So despite the fact that
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`you're not being videotaped, do you agree
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`that you'll be fully truthful in this
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`deposition; yes?
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` A. Yes.
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` Q. And you understand that you are
`
`under oath in this deposition?
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` A. Yes.
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` Q. All right. Sir, why were you late
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`to today's deposition?
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` A. Traffic.
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` Q. And what time was this deposition
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`supposed to start?
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` A. 8:45.
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` Q. And do you have any scheduling
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`conflicts later today that would prevent you
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`from being here for the full seven hours of a
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`deposition?
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` A. Yes.
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` Q. What are those conflicts today?
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` A. I have a doctor's appointment.
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` Q. Okay. At what time, sir?
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` A. It's at 3:45.
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` Q. So at what time must we stop this
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`deposition for you to make your appointment?
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` A. I can go probably until 2:00, 2:30.
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` Q. What is the -- your availability for
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`the remainder of this week?
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` A. I don't have any availability the
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`rest of the week.
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` Q. So today's date, today's deposition
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`is the only available date that you have this
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`week; yes?
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` A. This week, yes.
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` Q. Okay. Well, so the parties have not
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`agreed to waive Rule 42.53(c)2, which permits
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`and entitles the cross-examination to go for
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`seven hours. So -- but I will endeavor to
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`complete today's deposition as soon as
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`possible and hopefully by the time of
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`2:00 p.m.
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` MR. KEY: And I will just say, I
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` appreciate that, given the amount of
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` time that was taken after his --
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` Dr. LaViola's first declaration, I
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` suspect that's not going to be an issue.
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` But we'll deal with that at the end of
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` the deposition.
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`BY MR. BALUCH:
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` Q. Dr. LaViola, is there any reason
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`that you can't testify accurately today?
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` A. No.
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` Q. Without going into detail, do you
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`have any medical conditions that might
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`interfere with your testimony today?
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` A. Yes.
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` Q. More specifically, do you have any
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`medical conditions that might prevent you
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`from being truthful during today's
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`deposition?
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` A. No.
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` Q. Or any medical conditions that would
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`affect your memory when answering questions
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`in today's deposition?
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` A. No.
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` Q. Okay. Apart from the appointment
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`that you have later today, do you have any
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`medical condition that might interfere with
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`the testimony you're giving today?
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` A. Yes.
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` Q. In what way?
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` A. I have a thyroid condition that
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`causes me to get sleepy sometimes.
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` Q. Well, I will endeavor to provide for
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`breaks on the hour.
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` A. Okay.
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` Q. Is there anything else that would
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`make you more comfortable in today's
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`deposition?
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` A. No.
`
` Q. Okay. Can you turn, please, to
`
`paragraph 50 -- strike that -- paragraph 25
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`of your declaration. The first sentence
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`states, "It is my understanding that because
`
`the '438 and '978 patents are entitled to an
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`earlier priority date of May 22nd, 2009,
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`Withanawasam, which has a filing date of
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`June 3rd, 2009, does not qualify as prior art
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`to the CyWee patents.
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` Do you see that?
`
` A. Yes.
`
` Q. Is this sentence that I just read
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`your own opinion or simply an assumption that
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`you were given by counsel?
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` A. This is my opinion based on
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`information from counsel.
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` Q. What document bearing a date
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`May 22nd, 2009, did you review to state that
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`that is the earlier priority date for these
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`patents?
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` A. I was told that by the May 22nd
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`date, the inventors had selected hardware
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`specifications for their JIL phone and began
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`develop the code to operate on that hardware.
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`Therefore, I think it's fairly clear that the
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`inventions would be created by at least that
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`date.
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` Q. Did you review documents wherein
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`that selection of hardware specifications for
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`the JIL phone had been done by May 22nd,
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`2009?
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` A. I reviewed J -- JIL phone documents
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`in regards to hardware and software
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`specifications. However, I cannot recall the
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`date that was on those documents.
`
` Q. So I understand that you did review
`
`software code, but where do you say that you
`
`reviewed hardware specifications?
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` A. If you go to paragraph 3, the last
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`sentence -- well, actually, it's the only
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`sentence. At the end of that sentence you
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`see that there are some other exhibits:
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`2022, 2026, 2027, and 2031. I can't recall
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`the exact exhibit number, but there was a
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`hardware specification document and also some
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`other documents on the -- on what the
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`software was capable of and what it would
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`support.
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` Q. In your declaration here, do you
`
`provide any analysis of the hardware
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`selection?
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` MR. KEY: Objection. Form.
`
` Go ahead.
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` THE WITNESS: I don't.
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`BY MR. BALUCH:
`
` Q. And let's go to paragraph 8. The
`
`second sentence of paragraph 8 states, "I
`
`have been informed that the inventions of the
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`'438 and '978 patents were conceived on
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`May 22nd, 2009. Is that your own opinion or
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`an assumption that you were given?
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` MR. KEY: Objection. Asked and
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` answered.
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` THE WITNESS: This is the
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` information that I was given by the --
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` by counsel. So I had no reason to
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` dispute it.
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`BY MR. BALUCH:
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` Q. Did you take an investigation into
`
`the accuracy of this statement, the second
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`sentence in paragraph 8?
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` A. When I looked in -- at the code, I
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`did see dates that were relevant to this
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`May 22nd, 2009, date. But other than that, I
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`did not do any investigation as to whether or
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`not code that I was looking at was written or
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`conceived on May 22nd, 2009.
`
` Q. On page 15 of your declaration,
`
`under Heading 4, it discusses the '558
`
`provisional application.
`
` A. Yes.
`
` Q. Do you see that?
`
` A. Uh-huh.
`
` Q. So I'd like to hand you a document
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`previously labeled Exhibit 2012. Have you
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`seen this document before? Does it refresh
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`your recollection if I tell you that this is
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`the '558 provisional application?
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` A. Yeah.
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` Q. Which --
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` A. I'm just looking through it. Yes.
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` Q. Okay. And this is the document that
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`is the '558 provisional application which you
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`refer to under Section Heading 4 of your
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`declaration, correct?
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` A. Correct.
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` Q. Okay. You've previously called the
`
`method of the '438 patent a novel enhanced
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`comparison method.
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` Do you remember that?
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` A. Yes.
`
` Q. And you said the same thing about
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`the method of the '978 patent, correct?
`
` A. Correct.
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` Q. Calling it a novel enhanced
`
`comparison method; yes?
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` A. Yes.
`
` Q. Where does the '558 provisional
`
`application, which you have in your hand,
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`disclose the novel enhanced comparison method
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`of the '438 patent?
`
` A. The '558 provisional -- the '558
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`provides the general idea in terms of the
`
`fact that a device, or in this case a remote
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`control -- a remote controller is utilizing a
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`acceleration gyroscope and magnetometer
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`information, and that there are problems
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`associated with those sensors and a
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`correction method is required or needed in
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`order to produce a more correct or accurate
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`output. So the general idea is here.
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` Q. The general idea, but what about the
`
`actual implementation?
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` A. The actual implementation or
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`specification is not in this document. That
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`was in the '438 and '978 patents.
`
` Q. So the '438 and '978 patents contain
`
`more information about how to implement the
`
`so-called novel enhanced comparison method
`
`than what is disclosed in the '558
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`provisional application, correct?
`
` A. I'm just looking at something here.
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`Yes. It -- those two patents provide more
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`information on the -- on the enhanced
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`comparison method.
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` Q. What is the best paragraph or two or
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`three in the '558 provisional application
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`that gets to the implementation of the novel
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`enhanced comparison method of the '438 and
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`'978 patents?
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` MR. KEY: Objection as to form and
`
` calls for an incomplete hypothetical.
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` THE WITNESS: So the paragraphs 32,
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` 33, and 34 speak to issues with the
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` sensors being -- having problems,
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` whether it's drift or bias or a low
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` sampling rate. And then --
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`BY MR. BALUCH:
`
` Q. Where are the solutions to those
`
`problems, sir?
`
` A. They are in paragraphs 36 through
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`40, I believe.
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` Q. What do Algorithms 1 and 2 in
`
`paragraph 40 do?
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` A. The Algorithm 1 and Algorithm 2
`
`effectively perform a compensation. So they
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`compensate angle in the z-axis direction and
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`can also compensate in the x-axis direction.
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`And Algorithm 2 compensates for drift and
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`makes sure that the remote controller stays
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`in range.
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` Q. How do Algorithms 1 and 2 relate to
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`the execution of the novel enhanced
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`comparison method of the '438 and '978
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`patents?
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` A. So in the novel enhanced comparison
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`method, there's a requirement that there
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`needs to be compensation for error from the
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`sensors. So these examples, Algorithm 1 and
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`Algorithm 2, represent examples of approaches
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`that you might take to perform that
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`compensation to get a better orientation
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`estimate than simply just using the sensors
`
`by themselves.
`
` Q. Sir, where are Algorithms 1 and 2
`
`defined in the provisional application?
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` A. Let's see.
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` MR. KEY: I'm going to object as to
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` form.
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` THE WITNESS: The Algorithm 1 and 2
`
` are defined in paragraph 40.
`
`BY MR. BALUCH:
`
` Q. And more specifically where, sir?
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` A. "Pointing algorithm may include
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`Algorithms 1 and 2 (Alg1 and Alg2) of which a
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`compensated angle in z-axis direction theta
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`ZC may be calculated as theta ZC equals
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`Alg1," with the parameters of theta Z and
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`theta XR, "and a compensated angle in X [sic]
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`direction."
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` So it says Algorithm 1 "may use
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`magnetic direction to compensate the z-gyro
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`drift and horizontal range of the cursor."
`
` Q. What is the formula of Alg1?
`
` MR. KEY: Objection. Asked and
`
` answered.
`
` THE WITNESS: The formula for Alg1
`
` is not presented exactly in
`
` paragraph 40. However, it is -- it
`
` would be a division of those two theta
`
` angles and taking the -- either the arc
`
` tangent or the arc sign. I can't recall
`
` which one is the appropriate one to
`
` take. But it's sort of a standard
`
` equation that anyone of ordinary skill
`
` in the art would know.
`
`BY MR. BALUCH:
`
` Q. Do you have a reference to point me
`
`to for where I can find the Algorithm 1 or
`
`Algorithm 2?
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` MR. KEY: Objection as to form.
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` THE WITNESS: I do. I'm trying to
`
` remember the -- who was the first author
`
` on the paper. It's a paper that was
`
` presented in IEEE Computer Graphics and
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` Applications that I co-wrote with my
`
` students around the 2008 to 2010 time
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` frame, I believe, where we go into
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` algorithms for compensating for error in
`
` accelerometer data.
`
`BY MR. BALUCH:
`
` Q. So if I gave you a value for theta Z
`
`and a value for theta XR, could you, sitting
`
`here today right now, give me the answer for
`
`what is Alg1 of those two values?
`
` A. Sitting here, no.
`
` Q. What would you need, sir?
`
` A. I'd need to -- have to take a look
`
`at -- at the paper that I wrote.
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` Q. Is the paper that you wrote the only
`
`reference of which you are aware which
`
`defines Alg1 and Alg2?
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` A. No. I believe you can find it in
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`other -- other papers or textbooks, perhaps,
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`ones on basic trigonometry, or I think it
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`might even be discussed in the Nintendo
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`Wiimote patent.
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` Q. Of what date?
`
` A. I can't recall the date of it.
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` Q. Before or after the '558 provisional
`
`was filed in January of 2010?
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` A. I'm not sure when it was filed.
`
` Q. Because I'm not sure that Alg1 and
`
`Alg2 are defined here. So it doesn't seem to
`
`me that the inventors of the '558 provisional
`
`would have been able to implement
`
`paragraph 40 and Alg1 and Alg2 based on
`
`information disclosed in this provisional.
`
`Have you reviewed anything to support your
`
`view that the inventors were able to perform
`
`or know how to implement Alg1 and Alg2?
`
` A. I mean, I haven't looked at anything
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`that would -- you know, aside from the
`
`specification here in paragraph 40, and the
`
`paragraph 29. Let me make sure.
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` Other than that, I don't see
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`anything here that would tell you how you
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`would implement Algorithm 1 and Algorithm 2.
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` JOSEPH J. LAVIOLA, JR., Ph.D.
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`But, as I stated, I believe that it's
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`something that someone of ordinary skill in
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`the art would be able to do if they were --
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`did a little bit of research and looked at
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`other documents that would describe this type
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`of behavior.
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` Q. Does the '558 provisional cite to
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`other documents where a person of ordinary
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`skill would then go and look up the
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`definitions of Alg1 and Alg2?
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` MR. KEY: Objection.
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` THE WITNESS: It does not.
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`BY MR. BALUCH:
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` Q. You reviewed source code as part of
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`your declaration, correct?
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` A. Uh-huh.
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` Q. Does the source code contain an
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`implementation of Algorithm 1 and Algorithm
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`2?
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` A. To the best of my knowledge, it does
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`not.
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` Q. So the source code, then, does not
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`implement the error correction described in
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`paragraph 40 of the '558 provisional,
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`TSG Reporting - Worldwide 877-702-9580
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`PUBLIC-REDACTED VERSION
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`
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`Contains Confidential Portions
`Pages 86-147 Bound Separately
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` JOSEPH J. LAVIOLA, JR., Ph.D.
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`correct?
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` MR. KEY: Objection.
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` THE WITNESS: Based on what we have
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` here in paragraph 40, I mean, it doesn't
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` directly implement Algorithm --
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` Algorithm 1 and Algorithm 2 but it does
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` implement compensation of the angles.
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`BY MR. BALUCH:
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` Q. Okay. Okay. Do Algorithms 1 and 2
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`execute the novel enhanced comparison method
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`of the '438 and '978 patents?
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` MR. KEY: Objection. Incomplete
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` hypothetical.
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` THE WITNESS: They -- they could be
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` considered part of the enhanced
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` comparison method.
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`BY MR. BALUCH:
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` Q. Are they a necessary part of the
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`enhanced comparison method?
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` A. Well, at some point the enhanced
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`comparison method requires the ability to
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`transfer or translate the orientation angles
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`to a transformed output on -- on a screen.
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`So these Algorithms 1 and 2 would be
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`TSG Reporting - Worldwide 877-702-9580
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`PUBLIC-REDACTED VERSION
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`Contains Confidential Portions
`Pages 86-147 Bound Separately
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` JOSEPH J. LAVIOLA, JR., Ph.D.
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`something that could be done sort of at the
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`end of the enhanced comparison method to
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`ensure that the transformed output is done
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`properly.
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` Q. But without performing Algorithms 1
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`and 2, then, you would not be sure that the
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`comparison method was performed properly,
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`correct?
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` A. You would be able to -- you would
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`still be able to get the enhanced comparison
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`method to produce the quote/unquote improved
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`estimates of the orientation angles. Alg1
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`and Alg2 simply compensate for that -- those
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`angles and map them onto angles on a
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`two-dimensional screen.
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` Q. But mapping those angles on a
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`two-dimensional screen is a necessary part of
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`the claims, is it not?
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` A. It is.
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` Q. And therefore, Algorithm
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