UNITED STATES DISTRICT COURT
`
` SOUTHERN DISTRICT OF CALIFORNIA
`
` BEFORE HONORABLE DANA M. SABRAW, JUDGE PRESIDING
`
` ________________________________
` )
`QUALCOMM INCORPORATED, )
` ) CASE NO. 17CV1375-DMS
` PLAINTIFF, )
` )
`VS. )
` ) SAN DIEGO, CALIFORNIA
`APPLE INCORPORATED, ) TUESDAY MARCH 5, 2019
` ) 9:00 A.M. CALENDAR
` DEFENDANT. )
` )
`---------------------------------)
`AND RELATED COUNTERCLAIM )
`_________________________________)
`
` REPORTER'S TRANSCRIPT OF PROCEEDINGS
`
` JURY TRIAL/DAY TWO
`
` VOLUME 2-A
`
`REPORTED BY:
`
` LEE ANN PENCE,
` OFFICIAL COURT REPORTER
` UNITED STATES COURTHOUSE
` 333 WEST BROADWAY, ROOM 1393
` SAN DIEGO, CALIFORNIA 92101
`
`QUALCOMM EXHIBIT 2003
`Intel v. Qualcomm
`IPR2018-01334
`
`

`

`COUNSEL APPEARING:
`COUNSEL APPEARING:
`
`FOR PLAINTIFF:
`FOR PLAINTIFF:
`
`FOR DEFENDANT:
`FOR DEFENDANT:
`
`DAVID AARON NELSON,ESQ.
`DAVID AARON NELSON,ESQ.
`QUINN EMANUEL URQUHART &
`QUINN EMANUEL URQUHART &
`SULLIVAN
` SULLIVAN
`191 NORTH WACKER DRIVE 2700
`191 NORTH WACKER DRIVE 2700
` CHICAGO, ILLINOIS 60606
`CHICAGO,
`ILLINOIS 60606
`
`SEAN PAK, ESQ.
`SEAN PAK, ESQ.
`MICHELLE ANN CLARK, ESQ.
`MICHELLE ANN CLARK, ESQ.
`QUINN EMANUEL URQUHART &
`QUINN EMANUEL URQUHART &
`SULLIVAN
` SULLIVAN
`50 CALIFORNIA STREET FLOOR 22
`50 CALIFORNIA STREET FLOOR 22
` SAN FRANCISCO, CALIFORNIA 94111
`SAN FRANCISCO, CALIFORNIA 94111
`
`SCOTT L. WATSON, ESQ.
`SCOTT L. WATSON, ESQ.
`VALERIE A. LOZANO, ESQ.
`VALERIE A. LOZANO, ESQ.
`QUINN EMANUEL URQUHART &
`QUINN EMANUEL URQUHART &
`SULLIVAN
` SULLIVAN
`865 SOUTH FIGUEROA STREET
`865 SOUTH FIGUEROA STREET
`10TH FLOOR
` 10TH FLOOR
` LOS ANGELES, CALIFORNIA 90017
`LOS ANGELES, CALIFORNIA 90017
`
` NINA S. TALLON, ESQ.
`NINA S. TALLON, ESQ.
`WILMER CUTLER PICKERING HALE &
`WILMER CUTLER PICKERING HALE &
`DORR
` DORR
`1875 PENNSYLVANIA AVENUE
`1875 PENNSYLVANIA AVENUE
`NORTHWEST
` NORTHWEST
`WASHINGTON, DC 20006
`WASHINGTON, DC 20006
`
`JOSEPH J. MUELLER, ESQ.
`JOSEPH J. MUELLER, ESQ.
`WILMER CUTLER PICKERING HALE &
`WILMER CUTLER PICKERING HALE &
`DORR
` DORR
`60 STATE STREET
`60 STATE STREET
`BOSTON, MASSACHUSETTS 02109
`BOSTON, MASSACHUSETTS 02109
`
`JUANITA R. BROOKS, ESQ.
`JUANITA R. BROOKS, ESQ.
`FISH & RICHARDSON
`FISH & RICHARDSON
`12390 EL CAMINO REAL
`12390 EL CAMINO REAL
` SAN DIEGO, CALIFORNIA 92130
`SAN DIEGO, CALIFORNIA 92130
`
`

`

`137
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` *
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`SAN DIEGO, CALIFORNIA - TUESDAY, MARCH 5, 2019 - 8:47 A.M.
`SAN DIEGO, CALIFORNIA — TUESDAY, MARCH 5, 2019 — 8:47 A.M.
`*
`*
`* * *
`
`THE CLERK: NO. 1 CALENDAR, CASE NO. 17CV1375,
`THE CLERK:
`NO.
`1 CALENDAR, CASE NO. 17CV1375,
`
`QUALCOMM INCORPORATED VERSUS APPLE INCORPORATED; ON FOR JURY
`QUALCOMM INCORPORATED VERSUS APPLE INCORPORATED; ON FOR JURY
`
`TRIAL, DAY TWO.
`TRIAL, DAY TWO.
`
`THE COURT:
`GOOD MORNING.
`THE COURT: GOOD MORNING.
`
`MS. BROOKS: GOOD MORNING, YOUR HONOR.
`MS. BROOKS:
`GOOD MORNING, YOUR HONOR.
`
`MR. NELSON: GOOD MORNING, YOUR HONOR.
`MR. NELSON:
`GOOD MORNING, YOUR HONOR.
`
`THE COURT:
`WE HAVE ALL COUNSEL PRESENT.
`WE ARE
`THE COURT: WE HAVE ALL COUNSEL PRESENT. WE ARE
`
`OUTSIDE OF THE PRESENCE OF THE JURY.
`OUTSIDE OF THE PRESENCE OF THE JURY.
`
`I READ ALL OF THE BRIEFING ON THIS ISSUE RELATING TO
`I READ ALL OF THE BRIEFING ON THIS ISSUE RELATING TO
`
`PX 66.
`PX 66.
`
`THIS?
`THIS?
`
`MR. PAK, MS. DE ANDRADE WILL BE -- DOES SHE REMEMBER
`MR. PAK, MS. DE ANDRADE WILL BE —— DOES SHE REMEMBER
`
`MR. PAK:
`YES.
`MR. PAK: YES.
`
`THE COURT:
`SO SHE IS GOING TO BE TESTIFYING TO THE
`THE COURT: SO SHE IS GOING TO BE TESTIFYING TO THE
`
`SUBSTANCE OF PX 66 -—
`SUBSTANCE OF PX 66 --
`
`MR. PAK: CORRECT, YOUR HONOR.
`MR. PAK:
`CORRECT, YOUR HONOR.
`
`THE COURT:
`—— BASED ON HER OWN MEMORY.
`THE COURT: -- BASED ON HER OWN MEMORY.
`
`MR. PAK: CORRECT, YOUR HONOR.
`MR. PAK:
`CORRECT, YOUR HONOR.
`
`THE COURT:
`AND THEN PX 6 WOULD SERVE IN MANY WAYS
`THE COURT: AND THEN PX 6 WOULD SERVE IN MANY WAYS
`
`TO CORROBORATE WHAT SHE IS GOING TO TESTIFY TO.
`TO CORROBORATE WHAT SHE IS GOING TO TESTIFY TO.
`
`MR. PAK: THAT'S RIGHT, YOUR HONOR.
`MR. PAK:
`THAT'S RIGHT, YOUR HONOR.
`
`THE COURT:
`AND I UNDERSTAND THE OBJECTION THAT
`THE COURT: AND I UNDERSTAND THE OBJECTION THAT
`
`DOCUMENT ITSELF IS HEARSAY.
`BUT APPLE WILL CERTAINLY HAVE AN
`DOCUMENT ITSELF IS HEARSAY. BUT APPLE WILL CERTAINLY HAVE AN
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`MARCH 5, 2019
`MARCH 5, 2019
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`OPPORTUNITY TO CROSS—EXAMINE MS. DE ANDRADE ABOUT THE
`OPPORTUNITY TO CROSS-EXAMINE MS. DE ANDRADE ABOUT THE
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`SUBSTANCE OF THIS MEETING AND HER RECOLLECTION OF WHAT WAS
`SUBSTANCE OF THIS MEETING AND HER RECOLLECTION OF WHAT WAS
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`DISCUSSED, WHICH APPARENTLY IS CONSISTENT WITH WHAT IS IN THE
`DISCUSSED, WHICH APPARENTLY IS CONSISTENT WITH WHAT IS IN THE
`
`DOCUMENT.
`DOCUMENT.
`
`MR. PAK: THAT'S RIGHT, YOUR HONOR.
`MR. PAK:
`THAT'S RIGHT, YOUR HONOR.
`
`THE COURT:
`AND THEN ON THE SPECIFIC OBJECTION TO
`THE COURT: AND THEN ON THE SPECIFIC OBJECTION TO
`
`WHETHER OR NOT THIS DOCUMENT QUALIFIES AS A BUSINESS RECORD,
`WHETHER OR NOT THIS DOCUMENT QUALIFIES AS A BUSINESS RECORD,
`
`THE STIPULATION GOES A LONG WAY TO MEETING AT LEAST, IT WOULD
`THE STIPULATION GOES A LONG WAY TO MEETING AT LEAST,
`IT WOULD
`
`APPEAR, THE FIRST TWO ELEMENTS OF 803(6). DO YOU AGREE?
`APPEAR, THE FIRST TWO ELEMENTS OF 803(6).
`DO YOU AGREE?
`
`IT SEEMS THAT WITH THE STIPULATION THERE AREN'T
`IT SEEMS THAT WITH THE STIPULATION THERE AREN'T
`
`ISSUES OF AUTHENTICITY OR THAT THIS WAS PREPARED AS PART OF A
`ISSUES OF AUTHENTICITY OR THAT THIS WAS PREPARED AS PART OF A
`
`REGULARLY CONDUCTED BUSINESS ACTIVITY.
`REGULARLY CONDUCTED BUSINESS ACTIVITY.
`
`MS. FRAZIER: YOUR HONOR, WE BELIEVE THE
`MS. FRAZIER:
`YOUR HONOR, WE BELIEVE THE
`
`STIPULATION, WE DON'T DISPUTE THAT IT COMES FROM QUALCOMM'S
`STIPULATION, WE DON'T DISPUTE THAT IT COMES FROM QUALCOMM'S
`
`FILES, WE DO DISPUTE THAT IT WAS PART OF A REGULAR CONDUCTED
`FILES, WE DO DISPUTE THAT IT WAS PART OF A REGULAR CONDUCTED
`
`BUSINESS ACTIVITY WITHIN THE SCOPE OF THE RULE.
`BUSINESS ACTIVITY WITHIN THE SCOPE OF THE RULE.
`
`THE COURT: THIS CASE, IT DOESN'T FIT WITHIN ALL OF
`THE COURT:
`THIS CASE,
`IT DOESN'T FIT WITHIN ALL OF
`
`THE CASES. MS. DE ANDRADE IS NOT A CUSTODIAN.
`IT APPEARS
`THE CASES. MS. DE ANDRADE IS NOT A CUSTODIAN. IT APPEARS
`
`THIS —- FROM WHAT I AM UNDERSTANDING THIS MAY BE AN ISOLATED
`THIS -- FROM WHAT I AM UNDERSTANDING THIS MAY BE AN ISOLATED
`
`INCIDENT WHERE THESE MEETINGS WERE HAPPENING, AND THEN THIS
`INCIDENT WHERE THESE MEETINGS WERE HAPPENING, AND THEN THIS
`
`ONE INDIVIDUAL, MR. WILKIE, INSTRUCTS THE OTHER INDIVIDUAL,
`ONE INDIVIDUAL, MR. WILKIE,
`INSTRUCTS THE OTHER INDIVIDUAL,
`
`RAVI SOORDELU, TO TAKE NOTES. SO IN THAT RESPECT QUALCOMM IS
`RAVI SOORDELU, TO TAKE NOTES.
`SO IN THAT RESPECT QUALCOMM IS
`
`ARGUING IT IS PART OF AT LEAST THIS REGULARLY CONDUCTED
`ARGUING IT IS PART OF AT LEAST THIS REGULARLY CONDUCTED
`
`BUSINESS ACTIVITY TO MEMORIALIZE THIS SET OF MEETINGS.
`BUSINESS ACTIVITY TO MEMORIALIZE THIS SET OF MEETINGS.
`
`MR. PAK: THAT'S RIGHT, YOUR HONOR. AND I THINK ONE
`MR. PAK:
`THAT'S RIGHT, YOUR HONOR.
`AND I THINK ONE
`
`MARCH 5, 2019
`MARCH 5, 2019
`
`

`

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`OF THE CASES THAT APPLE CITED IN ITS TRIAL BRIEF, THIS IS THE
`OF THE CASES THAT APPLE CITED IN ITS TRIAL BRIEF, THIS IS THE
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`CIRRUS LOGIC CASE, SPECIFICALLY STATES THAT NOTES COULD COME
`CIRRUS LOGIC CASE, SPECIFICALLY STATES THAT NOTES COULD COME
`
`IN IF INDEPENDENTLY CORROBORATED, SUCH AS TESTIMONY FROM THE
`IN IF INDEPENDENTLY CORROBORATED, SUCH AS TESTIMONY FROM THE
`
`PARTIES WHO PARTICIPATED IN THE CONVERSATIONS DESCRIBED IN THE
`PARTIES WHO PARTICIPATED IN THE CONVERSATIONS DESCRIBED IN THE
`
`NOTES.
`NOTES.
`
`I THINK THAT, YOU KNOW, UNLIKE SOME OF THE REGULAR
`I THINK THAT, YOU KNOW, UNLIKE SOME OF THE REGULAR
`
`CASES THAT WE SEE IN TERMS OF NOTE TAKING, WE HAVE HIGHLY
`CASES THAT WE SEE IN TERMS OF NOTE TAKING, WE HAVE HIGHLY
`
`SPECIALIZED PARTICULARIZED TESTIMONY FROM THE WITNESS,
`SPECIALIZED PARTICULARIZED TESTIMONY FROM THE WITNESS,
`
`INCLUDING EMAILS INSTRUCTING THAT THESE NOTES BE TAKEN AS PART
`INCLUDING EMAILS INSTRUCTING THAT THESE NOTES BE TAKEN AS PART
`
`OF THAT REGULAR CONDUCT OF BUSINESS, INTERACTION WITH APPLE.
`OF THAT REGULAR CONDUCT OF BUSINESS,
`INTERACTION WITH APPLE.
`
`AND THESE ARE THESE NOTES.
`AND THESE ARE THESE NOTES.
`
`SO I THINK WITH THE STIPULATION AND WITH THE
`SO I THINK WITH THE STIPULATION AND WITH THE
`
`TESTIMONY AND THE EMAIL INDICATING THAT THESE WERE NOTES TAKEN
`TESTIMONY AND THE EMAIL INDICATING THAT THESE WERE NOTES TAKEN
`
`FOR THE SPECIAL PURPOSE OF HAVING MEETINGS WITH APPLE AT THE
`FOR THE SPECIAL PURPOSE OF HAVING MEETINGS WITH APPLE AT THE
`
`INSTRUCTION OF THE SUPERVISOR, AND I THINK SHE CAN
`INSTRUCTION OF THE SUPERVISOR, AND I THINK SHE CAN
`
`CORROBORATE -- THE WITNESS CAN CORROBORATE ALL OF THAT, THAT
`CORROBORATE —— THE WITNESS CAN CORROBORATE ALL OF THAT, THAT
`
`THIS IS A BUSINESS RECORD.
`THIS IS A BUSINESS RECORD.
`
`THE COURT:
`SOME OF THE CASES APPLE FOCUSES ON ARE
`THE COURT: SOME OF THE CASES APPLE FOCUSES ON ARE
`
`THE TRADITIONAL TYPE OF TESTIMONY WHERE SOMEONE IS FAMILIAR
`THE TRADITIONAL TYPE OF TESTIMONY WHERE SOMEONE IS FAMILIAR
`
`WITH THE BUSINESS'S RECORDKEEPING PRACTICES; THAT IS NOT
`WITH THE BUSINESS'S RECORDKEEPING PRACTICES; THAT IS NOT
`
`MS. DE ANDRADE.
`BUT WHAT SHE CAN SAY IS WILKIE MADE THE ORDER
`MS. DE ANDRADE. BUT WHAT SHE CAN SAY IS WILKIE MADE THE ORDER
`
`AND THEN THIS OTHER GENTLEMAN FOLLOWED AND MEMORIALIZED IT,
`AND THEN THIS OTHER GENTLEMAN FOLLOWED AND MEMORIALIZED IT,
`
`AND I HEARD ALL OF THAT. I WAS THERE, THIS WAS WHAT HAPPENED.
`AND I HEARD ALL OF THAT.
`I WAS THERE, THIS WAS WHAT HAPPENED.
`
`MR. PAK: ABSOLUTELY, YOUR HONOR. AND THAT IS THE
`MR. PAK:
`ABSOLUTELY, YOUR HONOR.
`AND THAT IS THE
`
`CIRRUS LOGIC CASE.
`CIRRUS LOGIC CASE.
`
`MARCH 5, 2019
`MARCH 5, 2019
`
`

`

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`THE COURT: AND THESE NOTES, I AM ASSUMING SHE WILL
`THE COURT:
`AND THESE NOTES,
`I AM ASSUMING SHE WILL
`
`TESTIFY, ARE CONSISTENT WITH --
`TESTIFY, ARE CONSISTENT WITH ——
`
`MR. PAK:
`ABSOLUTELY.
`MR. PAK: ABSOLUTELY.
`
`THE COURT:
`—— WHAT SHE REMEMBERS.
`THE COURT: -- WHAT SHE REMEMBERS.
`
`MR. PAK: ABSOLUTELY, YOUR HONOR.
`MR. PAK:
`ABSOLUTELY, YOUR HONOR.
`
`THE COURT:
`OKAY.
`THE COURT: OKAY.
`
`MS. FRAZIER: YOUR HONOR, MAY I RESPOND JUST BRIEFLY
`MS. FRAZIER:
`YOUR HONOR, MAY I RESPOND JUST BRIEFLY
`
`TO THAT?
`TO THAT?
`
`THE COURT:
`YES.
`THE COURT: YES.
`
`MS. FRAZIER:
`TO THE EXTENT THAT THERE WAS A
`MS. FRAZIER: TO THE EXTENT THAT THERE WAS A
`
`BUSINESS RECORD CREATED HERE IN RESPONSE TO MR. WILKIE'S
`BUSINESS RECORD CREATED HERE IN RESPONSE TO MR. WILKIE'S
`
`REQUEST, THAT IS PX 812 WHICH IS THE EMAIL MR. SOORDELU SENT
`REQUEST, THAT IS PX 812 WHICH IS THE EMAIL MR. SOORDELU SENT
`
`SAYING HERE IS THE SUMMARY OF THE CALL YOU ASKED ME TO RECORD.
`SAYING HERE IS THE SUMMARY OF THE CALL YOU ASKED ME TO RECORD.
`
`HE ALSO SAID, I WAS NOT ABLE TO TAKE VERY DETAILED
`HE ALSO SAID,
`I WAS NOT ABLE TO TAKE VERY DETAILED
`
`COMPREHENSIVE NOTES OF THIS CONVERSATION.
`COMPREHENSIVE NOTES OF THIS CONVERSATION.
`
`WHAT PX 66 PURPORTS TO BE ARE THESE MORE DETAILED
`WHAT PX 66 PURPORTS TO BE ARE THESE MORE DETAILED
`
`NOTES THAT MR. SOORDELU HIMSELF SEEMED TO RECOGNIZE DIDN'T
`NOTES THAT MR. SOORDELU HIMSELF SEEMED TO RECOGNIZE DIDN'T
`
`CAPTURE EVERYTHING DUE TO EVERYTHING THAT WAS HAPPENING ON THE
`CAPTURE EVERYTHING DUE TO EVERYTHING THAT WAS HAPPENING ON THE
`
`PHONE CALL.
`PHONE CALL.
`
`SO TO THE EXTENT THE COURT IS INCLINED TO ADMIT
`SO TO THE EXTENT THE COURT IS INCLINED TO ADMIT
`
`SOMETHING AS A BUSINESS RECORD GENERATED IN RESPONSE TO
`SOMETHING AS A BUSINESS RECORD GENERATED IN RESPONSE TO
`
`MR. WILKIE'S REQUEST, WE WOULD CONCEDE THAT PX 812 IS THAT
`MR. WILKIE'S REQUEST, WE WOULD CONCEDE THAT PX 812 IS THAT
`
`BUSINESS RECORD, NOT PX 66.
`BUSINESS RECORD, NOT PX 66.
`
`MR. PAK: BOTH DOCUMENTS WERE PRODUCED, YOUR HONOR,
`MR. PAK:
`BOTH DOCUMENTS WERE PRODUCED, YOUR HONOR,
`
`AS PART OF THIS CASE.
`THEY GO HAND IN HAND.
`YOU CAN CLEARLY
`AS PART OF THIS CASE. THEY GO HAND IN HAND. YOU CAN CLEARLY
`
`MARCH 5, 2019
`MARCH 5, 2019
`
`

`

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`SEE THAT THE EMAIL SUMMARIZES AND ACTUALLY MAKES IT CLEAR THAT
`SEE THAT THE EMAIL SUMMARIZES AND ACTUALLY MAKES IT CLEAR THAT
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`THESE NOTES THAT WE ARE LOOKING AT IN PX 66 TIE BACK TO THE
`THESE NOTES THAT WE ARE LOOKING AT IN PX 66 TIE BACK TO THE
`
`EXACT CONVERSATION WE ARE TALKING ABOUT.
`EXACT CONVERSATION WE ARE TALKING ABOUT.
`
`THESE WERE NOTES TAKEN THAT -- YOU KNOW, I DON'T
`THESE WERE NOTES TAKEN THAT —— YOU KNOW,
`I DON'T
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`KNOW HOW YOU PARSE ONE PART FROM THE OTHER.
`IT IS CLEAR THAT
`KNOW HOW YOU PARSE ONE PART FROM THE OTHER. IT IS CLEAR THAT
`
`THESE WERE BUSINESS RECORDS CREATED BY THE SAME EMPLOYEE WHO
`THESE WERE BUSINESS RECORDS CREATED BY THE SAME EMPLOYEE WHO
`
`WAS INSTRUCTED.
`WE THINK THEY COME IN.
`WAS INSTRUCTED. WE THINK THEY COME IN.
`
`THE COURT:
`THERE ISN'T —— IT DOESN'T HAVE TO BE
`THE COURT: THERE ISN'T -- IT DOESN'T HAVE TO BE
`
`MADE CONTEMPORANEOUSLY; IN OTHER WORDS, A BUSINESS RECORD
`MADE CONTEMPORANEOUSLY;
`IN OTHER WORDS, A BUSINESS RECORD
`
`COULD COME IN TWO ITERATIONS, COULD IT NOT? WHERE THERE IS A
`COULD COME IN TWO ITERATIONS, COULD IT NOT? WHERE THERE IS A
`
`FIRST SET AND THEN THERE IS A FOLLOW UP.
`THERE IS NO CASE
`FIRST SET AND THEN THERE IS A FOLLOW UP. THERE IS NO CASE
`
`THAT I AM AWARE OF OR REQUIREMENT THAT ONLY THE FIRST
`THAT I AM AWARE OF OR REQUIREMENT THAT ONLY THE FIRST
`
`ITERATION QUALIFIES.
`ITERATION QUALIFIES.
`
`MS. FRAZIER: THAT IS CORRECT, YOUR HONOR. BUT
`MS. FRAZIER:
`THAT IS CORRECT, YOUR HONOR.
`BUT
`
`THERE IS NOTHING TO SUBSTANTIATE THAT PX 66 IS IN FACT THESE
`THERE IS NOTHING TO SUBSTANTIATE THAT PX 66 IS IN FACT THESE
`
`NOTES. OBVIOUSLY WE CAN SEE THAT IT HAS FEBRUARY 10TH ON IT,
`NOTES.
`OBVIOUSLY WE CAN SEE THAT IT HAS FEBRUARY 10TH ON IT,
`
`WE DON'T KNOW WHEN HE CREATED THAT DOCUMENT, IF IT WAS BEFORE
`WE DON'T KNOW WHEN HE CREATED THAT DOCUMENT,
`IF IT WAS BEFORE
`
`OR AFTER HE SENT THE EMAIL THAT IS IN PX 812.
`ALL WE KNOW IS
`OR AFTER HE SENT THE EMAIL THAT IS IN PX 812. ALL WE KNOW IS
`
`WHAT IS IN PX 812 WHICH IS HIM SAYING, I COULDN'T CAPTURE
`WHAT IS IN PX 812 WHICH IS HIM SAYING,
`I COULDN'T CAPTURE
`
`DETAILED NOTES BECAUSE OF EVERYTHING THAT WAS HAPPENING, BUT
`DETAILED NOTES BECAUSE OF EVERYTHING THAT WAS HAPPENING, BUT
`
`HERE IS WHAT I HAVE IN RESPONSE TO YOUR REQUEST.
`HERE IS WHAT I HAVE IN RESPONSE TO YOUR REQUEST.
`
`THE COURT:
`OKAY.
`THANK YOU.
`I DO APPRECIATE THE
`THE COURT: OKAY. THANK YOU. I DO APPRECIATE THE
`
`BRIEFING.
`BRIEFING.
`
`I WOULD RESPECTFULLY OVERRULE THE OBJECTION.
`I
`I WOULD RESPECTFULLY OVERRULE THE OBJECTION. I
`
`WOULD FIND THAT THE CRITERIA OF 803(6) ARE MET, AND THAT THAT
`WOULD FIND THAT THE CRITERIA OF 803(6) ARE MET, AND THAT THAT
`
`MARCH 5, 2019
`MARCH 5, 2019
`
`

`

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`DOCUMENT WOULD BE ADMITTED.
`DOCUMENT WOULD BE ADMITTED.
`
`MR. PAK: THANK YOU, YOUR HONOR.
`MR. PAK:
`THANK YOU, YOUR HONOR.
`
`MS. FRAZIER: THANK YOU, YOUR HONOR.
`MS. FRAZIER:
`THANK YOU, YOUR HONOR.
`
`THE COURT: WE ARE A COUPLE OF MINUTES EARLY, BUT IF
`THE COURT:
`WE ARE A COUPLE OF MINUTES EARLY, BUT IF
`
`THE JURY IS READY, ARE WE READY?
`THE JURY IS READY, ARE WE READY?
`
`MR. PAK: YES, YOUR HONOR. WE ARE READY TO PROCEED.
`MR. PAK:
`YES, YOUR HONOR.
`WE ARE READY TO PROCEED.
`
`THE CLERK:
`WE ARE MISSING ONE JUROR.
`THE CLERK: WE ARE MISSING ONE JUROR.
`
`THE COURT:
`THEY WOULD BE OUT IN THE HALLWAY?
`THE COURT: THEY WOULD BE OUT IN THE HALLWAY?
`
`THE CLERK:
`YES.
`THE CLERK: YES.
`
`THE COURT:
`LET'S SEE IF THEY ARE AVAILABLE.
`THE COURT: LET'S SEE IF THEY ARE AVAILABLE.
`
`(PAUSE IN PROCEEDINGS)
`(PAUSE IN PROCEEDINGS)
`
`THE CLERK:
`WE ARE STILL MISSING THAT ONE JUROR.
`THE CLERK: WE ARE STILL MISSING THAT ONE JUROR.
`
`(DISCUSSION OFF THE RECORD BETWEEN THE COURT
`(DISCUSSION OFF THE RECORD BETWEEN THE COURT
`
`AND DEPUTY CLERK)
`AND DEPUTY CLERK)
`
`THE COURT: LET'S STAND BY FOR A FEW MINUTES,
`THE COURT:
`LET'S STAND BY FOR A FEW MINUTES,
`
`HOPEFULLY WE WILL HEAR FROM HER.
`HOPEFULLY WE WILL HEAR FROM HER.
`
`(RECESS)
`(RECESS)
`
`THE COURT: GOOD MORNING, LADIES AND GENTLEMEN.
`THE COURT:
`GOOD MORNING, LADIES AND GENTLEMEN.
`
`WELCOME BACK.
`WELCOME BACK.
`
`WE HAVE ALL JURORS PRESENT, COUNSEL, AND PARTIES.
`WE HAVE ALL JURORS PRESENT, COUNSEL, AND PARTIES.
`
`WE ARE GOING TO PICK UP WHERE WE LEFT OFF YESTERDAY
`WE ARE GOING TO PICK UP WHERE WE LEFT OFF YESTERDAY
`
`WITH THE DIRECT TESTIMONY OF MS. DE ANDRADE.
`WITH THE DIRECT TESTIMONY OF MS. DE ANDRADE.
`
`IF YOU WOULD RESUME THE WITNESS STAND, PLEASE.
`IF YOU WOULD RESUME THE WITNESS STAND, PLEASE.
`
`THE WITNESS:
`THANK YOU.
`THE WITNESS: THANK YOU.
`
`THE COURT:
`GOOD MORNING. WELCOME BACK.
`THE COURT: GOOD MORNING. WELCOME BACK.
`
`MARCH 5, 2019
`MARCH 5, 2019
`
`

`

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`DE ANDRADE — DIRECT
`DE ANDRADE - DIRECT
`
`143
` 143
`
`I WOULD REMIND YOU THAT YOU REMAIN UNDER OATH FROM
`I WOULD REMIND YOU THAT YOU REMAIN UNDER OATH FROM
`
`YESTERDAY'S PROCEEDINGS.
`THANK YOU.
`YESTERDAY'S PROCEEDINGS. THANK YOU.
`
`THE WITNESS:
`YES.
`THE WITNESS: YES.
`
`THE COURT:
`COUNSEL.
`THE COURT: COUNSEL.
`
`MR. PAK:
`MAY I PROCEED?
`MR. PAK: MAY I PROCEED?
`
`THE COURT:
`YES.
`THANK YOU.
`THE COURT: YES. THANK YOU.
`
`MR. PAK:
`THANK YOU.
`MR. PAK: THANK YOU.
`
`DIRECT EXAMINATION(RESUMED)
`DIRECT EXAMINATION(RESUMED)
`
`Q. (MR. PAK) : WELCOME BACK, MS. DE ANDRADE.
`Q.
`(MR. PAK)
`: WELCOME BACK, MS. DE ANDRADE.
`
`A.
`A.
`
`Q.
`Q.
`
`THANK YOU.
`THANK YOU.
`
`SO I WANT TO GO BACK TO A FEW OF THE DOCUMENTS THAT WE
`so I WANT TO GO BACK TO A FEW OF THE DOCUMENTS THAT WE
`
`DISCUSSED YESTERDAY, AND THEN PROCEED TO TALK ABOUT YOUR
`DISCUSSED YESTERDAY, AND THEN PROCEED TO TALK ABOUT YOUR
`
`DISCUSSIONS WITH APPLE.
`DISCUSSIONS WITH APPLE.
`
`A.
`A.
`
`Q.
`Q.
`
`OKAY.
`OKAY.
`
`LET'S FIRST TAKE A LOOK AT PX 1179 IN YOUR BINDER.
`LET'S FIRST TAKE A LOOK AT PX 1179 IN YOUR BINDER.
`
`AND REMIND US AGAIN, WHAT DOCUMENT IS THIS?
`AND REMIND US AGAIN, WHAT DOCUMENT IS THIS?
`
`A.
`A.
`
`THIS IS THE SUPPLEMENT TO THE STREAMING DOWNLOAD
`THIS IS THE SUPPLEMENT TO THE STREAMING DOWNLOAD
`
`PROTOCOL.
`PROTOCOL.
`
`Q.
`Q.
`
`AND IF YOU CAN TURN TO PAGE 11 IN THIS DOCUMENT, UNDER
`AND IF YOU CAN TURN TO PAGE 11 IN THIS DOCUMENT, UNDER
`
`SECTION 3.2.
`SO THIS WOULD BE PX 1179 PAGE 11.
`SECTION 3.2. SO THIS WOULD BE PX 1179 PAGE 11.
`
`A.
`A.
`
`Q.
`Q.
`
`OKAY.
`OKAY.
`
`AND CAN YOU READ INTO THE RECORD WHAT YOU WROTE RIGHT
`AND CAN YOU READ INTO THE RECORD WHAT YOU WROTE RIGHT
`
`AFTER OPEN UNFRAMED PACKET?
`AFTER OPEN UNFRAMED PACKET?
`
`A.
`A.
`
`THE OPEN UNFRAMED PACKET IS AN EXTENSION TO THE EXISTING
`THE OPEN UNFRAMED PACKET IS AN EXTENSION TO THE EXISTING
`
`PROTOCOL.
`THE HOST SENDS THE OPEN UNFRAMED PACKET TO INDICATE
`PROTOCOL. THE HOST SENDS THE OPEN UNFRAMED PACKET TO INDICATE
`
`MARCH 5, 2019
`MARCH 5, 2019
`
`

`

`DE ANDRADE — DIRECT
`DE ANDRADE - DIRECT
`
`144
` 144
`
` 1
`
`THAT IT IS ABOUT TO SEND AN IMAGE TO THE TARGET IN UNFRAMED
`THAT IT IS ABOUT TO SEND AN IMAGE TO THE TARGET IN UNFRAMED
`
` 2
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`(JUN
`
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`
`DATA FORMAT.
`DATA FORMAT.
`
`Q.
`Q.
`
`A.
`A.
`
`CAN YOU EXPLAIN TO US WHAT YOU MEANT BY EXTENSION THERE?
`CAN YOU EXPLAIN TO US WHAT YOU MEANT BY EXTENSION THERE?
`
`THERE WAS AN EXISTING STREAMING DOWNLOAD PROTOCOL THAT
`THERE WAS AN EXISTING STREAMING DOWNLOAD PROTOCOL THAT
`
`USED ASYNC HDLC ENCAPSULATION, SO THIS WAS A MODIFICATION, AN
`USED ASYNC HDLC ENCAPSULATION, SO THIS WAS A MODIFICATION, AN
`
`ADD—ON THAT WAS THE UNFRAMED MODE.
`ADD-ON THAT WAS THE UNFRAMED MODE.
`
`Q.
`Q.
`
`A.
`A.
`
`Q.
`Q.
`
`LET'S GO FURTHER DOWN. DO YOU SEE A TABLE, TABLE 3-5.
`LET'S GO FURTHER DOWN.
`DO YOU SEE A TABLE, TABLE 3—5.
`
`YES.
`YES.
`
`IF YOU GO TO THE LAST ENTRY IN THAT TABLE IT SAYS,
`IF YOU GO TO THE LAST ENTRY IN THAT TABLE IT SAYS,
`
`PAYLOAD, AND THEN, OPTIONAL ON THE LENGTH.
`PAYLOAD, AND THEN, OPTIONAL ON THE LENGTH.
`
`DO YOU SEE THAT?
`DO YOU SEE THAT?
`
`YES.
`YES.
`
`AND CAN YOU EXPLAIN TO US WHAT IS INDICATED IN THIS
`AND CAN YOU EXPLAIN TO US WHAT IS INDICATED IN THIS
`
`A.
`A.
`
`Q.
`Q.
`
`PAYLOAD FIELD WITH THE OPTIONAL NOTATION?
`PAYLOAD FIELD WITH THE OPTIONAL NOTATION?
`
`A.
`A.
`
`SO, IT IS A PAYLOAD THAT COULD BE USED OR NOT, IT IS
`SO,
`IT IS A PAYLOAD THAT COULD BE USED OR NOT,
`IT IS
`
`OPTIONAL, DEPENDING ON THE APPLICATION USING THIS PROTOCOL.
`OPTIONAL, DEPENDING ON THE APPLICATION USING THIS PROTOCOL.
`
`THE INTENTION WAS THAT THE HOST COULD INCLUDE AN IMAGE
`THE INTENTION WAS THAT THE HOST COULD INCLUDE AN IMAGE
`
`HEADER PAYLOAD HERE IF NECESSARY.
`IT IS AN OPTIONAL FIELD.
`HEADER PAYLOAD HERE IF NECESSARY. IT IS AN OPTIONAL FIELD.
`
`Q.
`Q.
`
`IF YOU DID THE OPTIONAL FUTURE WOULD YOU BE SENDING THE
`IF YOU DID THE OPTIONAL FUTURE WOULD YOU BE SENDING THE
`
`IMAGE HEADER PAYLOAD TOGETHER OR SEPARATELY WITH THE DATA
`IMAGE HEADER PAYLOAD TOGETHER OR SEPARATELY WITH THE DATA
`
`PAYLOAD?
`PAYLOAD?
`
`A.
`A.
`
`Q.
`Q.
`
`IT WOULD GO ON THE OPEN, YES.
`IT WOULD GO ON THE OPEN, YES.
`
`SO WHAT WOULD THAT MEAN IN TERMS OF WHETHER THEY ARE
`SO WHAT WOULD THAT MEAN IN TERMS OF WHETHER THEY ARE
`
`SENT TOGETHER OR SEPARATELY?
`SENT TOGETHER OR SEPARATELY?
`
`A.
`A.
`
`IT WOULD BE SEPARATE FROM THE REST OF THE DATA.
`IT WOULD BE SEPARATE FROM THE REST OF THE DATA.
`
`MARCH 5, 2019
`MARCH 5, 2019
`
`

`

`DE ANDRADE — DIRECT
`DE ANDRADE - DIRECT
`
`145
` 145
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` 2
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`23
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`24
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`Q.
`Q.
`
`NOW, WE TALKED ABOUT THE GOBI PRODUCT, THE ACTUAL LAPTOP
`NOW, WE TALKED ABOUT THE GOBI PRODUCT, THE ACTUAL LAPTOP
`
`CARDS.
`DID THE PRODUCT ACTUALLY IMPLEMENT THIS OPTIONAL
`CARDS. DID THE PRODUCT ACTUALLY IMPLEMENT THIS OPTIONAL
`
`FEATURE?
`FEATURE?
`
`A.
`A.
`
`Q.
`Q.
`
`A.
`A.
`
`Q.
`Q.
`
`NO.
`NO.
`
`YOU DID DOCUMENT THIS FEATURE HERE IN THIS.
`YOU DID DOCUMENT THIS FEATURE HERE IN THIS.
`
`YEAH.
`WE WANTED THE PROTOCOL TO BE EXTENSIBLE.
`YEAH. WE WANTED THE PROTOCOL TO BE EXTENSIBLE.
`
`SO LET'S TURN TO ONE OTHER DOCUMENT WE TALKED ABOUT
`SO LET'S TURN TO ONE OTHER DOCUMENT WE TALKED ABOUT
`
`YESTERDAY, THIS IS 604, PX 604.
`YESTERDAY, THIS IS 604, PX 604.
`
`AND AGAIN THIS IS THE UNVP OR THE U2 DESIGN DOCUMENT
`AND AGAIN THIS IS THE UNVP OR THE U2 DESIGN DOCUMENT
`
`THAT WE TALKED ABOUT EARLIER, CORRECT?
`THAT WE TALKED ABOUT EARLIER, CORRECT?
`
`A.
`A.
`
`Q.
`Q.
`
`OKAY.
`YES.
`OKAY. YES.
`
`IS THIS A DOCUMENT THAT DESCRIBES YOUR FLASHLESS BOOT
`IS THIS A DOCUMENT THAT DESCRIBES YOUR FLASHLESS BOOT
`
`IDEAS FOR GOBI?
`IDEAS FOR GOBI?
`
`A.
`A.
`
`Q.
`Q.
`
`THAT'S CORRECT.
`THAT'S CORRECT.
`
`AT THIS TIME I WANT TO TURN TO PAGE 11 OF THIS DOCUMENT,
`AT THIS TIME I WANT TO TURN TO PAGE 11 OF THIS DOCUMENT,
`
`SO THIS IS PX 604—11?
`SO THIS IS PX 604-11?
`
`A.
`A.
`
`Q.
`Q.
`
`YES.
`YES.
`
`AND CAN YOU FOCUS ON THE SECTION TITLED APPLICATION AND
`AND CAN YOU FOCUS ON THE SECTION TITLED APPLICATION AND
`
`MODEM IMAGES?
`MODEM IMAGES?
`
`A.
`A.
`
`Q.
`Q.
`
`OKAY.
`OKAY.
`
`SPECIFICALLY, IF YOU TURN TO THE THIRD PAGE -- THIRD
`SPECIFICALLY,
`IF YOU TURN TO THE THIRD PAGE —— THIRD
`
`PARAGRAPH SAYS THE AMSS IMAGE INCLUDES A HASH TABLE, SIGNATURE
`PARAGRAPH SAYS THE AMSS IMAGE INCLUDES A HASH TABLE, SIGNATURE
`
`AND CERTIFICATES AS ONE OF THE SEGMENTS.
`AND CERTIFICATES AS ONE OF THE SEGMENTS.
`
`DO YOU SEE THAT?
`DO YOU SEE THAT?
`
`A.
`A.
`
`I SEE THAT.
`I SEE THAT.
`
`MARCH 5, 2019
`MARCH 5, 2019
`
`

`

`DE ANDRADE — DIRECT
`DE ANDRADE - DIRECT
`
`146
` 146
`
` 1
`
` 2
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` 3
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` 4
`
` 5
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` 6
`
` 7
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` 8
`
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`10
`10
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`ll
`11
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`12
`12
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`l3
`13
`
`l4
`14
`
`l5
`15
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`l6
`16
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`l7
`17
`
`l8
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`19
`19
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`20
`20
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`21
`21
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`22
`22
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`23
`23
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`24
`24
`
`25
`25
`
`Q.
`Q.
`
`A.
`A.
`
`WOULD YOU TELL US WHAT YOU MEANT BY THAT STATEMENT?
`WOULD YOU TELL US WHAT YOU MEANT BY THAT STATEMENT?
`
`SO, WE NEEDED TO SIGN AND AUTHENTICATE IMAGES TO MAKE
`SO, WE NEEDED TO SIGN AND AUTHENTICATE IMAGES TO MAKE
`
`SURE THAT THEY WERE NOT CORRUPTED, EITHER UNINTENTIONALLY OR
`SURE THAT THEY WERE NOT CORRUPTED, EITHER UNINTENTIONALLY OR
`
`INTENTIONALLY. SO WE HAD A HASH SEGMENT, AND THAT HASH
`INTENTIONALLY.
`SO WE HAD A HASH SEGMENT, AND THAT HASH
`
`SEGMENT WAS SIGNED.
`AND WHEN IT WAS LOADED IT WAS
`SEGMENT WAS SIGNED. AND WHEN IT WAS LOADED IT WAS
`
`AUTHENTICATED TO VERIFY THAT IT WAS CORRECT.
`SO THEN THIS
`AUTHENTICATED TO VERIFY THAT IT WAS CORRECT. SO THEN THIS
`
`HASH SEGMENT HAD A HASH TABLE WITH A HASH VALUE FOR EACH ONE
`HASH SEGMENT HAD A HASH TABLE WITH A HASH VALUE FOR EACH ONE
`
`OF THE SEGMENTS THAT ARE GOING TO BE LOADED.
`OF THE SEGMENTS THAT ARE GOING TO BE LOADED.
`
`Q.
`Q.
`
`WHAT DO YOU MEAN WHEN YOU SAY USE A HASH TABLE TO
`WHAT DO YOU MEAN WHEN YOU SAY USE A HASH TABLE TO
`
`AUTHENTICATE DATA SEGMENTS? WHAT DO YOU MEAN BY THAT?
`AUTHENTICATE DATA SEGMENTS? WHAT DO YOU MEAN BY THAT?
`
`A.
`A.
`
`SO WHEN THE IMAGE WAS AUTHENTICATED EACH SEGMENT
`SO WHEN THE IMAGE WAS AUTHENTICATED EACH SEGMENT
`
`WOULD -- WE WOULD CALCULATE A HASH VALUE FOR THAT, COMPARE
`WOULD -- WE WOULD CALCULATE A HASH VALUE FOR THAT, COMPARE
`
`AGAINST THE HASH VALUE IN THE HASH TABLE.
`SO -— AND IT BETTER
`AGAINST THE HASH VALUE IN THE HASH TABLE. SO -- AND IT BETTER
`
`MATCH.
`AND THAT MEANS THAT THE SEGMENT WAS AUTHENTICATED.
`MATCH. AND THAT MEANS THAT THE SEGMENT WAS AUTHENTICATED.
`
`Q.
`Q.
`
`IF YOU GO TO THE FRONT PAGE OF THIS DOCUMENT AGAIN, WHAT
`IF YOU GO TO THE FRONT PAGE OF THIS DOCUMENT AGAIN, WHAT
`
`IS THE DATE OF THIS DOCUMENT?
`IS THE DATE OF THIS DOCUMENT?
`
`A.
`A.
`
`Q.
`Q.
`
`FEBRUARY 22ND, 2007.
`FEBRUARY 22ND, 2007.
`
`LET'S GO QUICKLY BACK TO THE SOURCE CODE THAT YOU TALKED
`LET'S GO QUICKLY BACK TO THE SOURCE CODE THAT YOU TALKED
`
`ABOUT YESTERDAY.
`AND THIS IS PX —— OR DX 1629.
`AND I WANT TO
`ABOUT YESTERDAY. AND THIS IS PX -- OR DX 1629. AND I WANT TO
`
`GO BACK TO THE FIRST PAGE OF THAT SOURCE CODE DOCUMENT.
`GO BACK TO THE FIRST PAGE OF THAT SOURCE CODE DOCUMENT.
`
`AND IF YOU ZERO IN ON AUGUST 24TH, 2007, DO YOU RECALL
`AND IF YOU ZERO IN ON AUGUST 24TH, 2007, DO YOU RECALL
`
`TESTIFYING ABOUT THAT ENTRY?
`TESTIFYING ABOUT THAT ENTRY?
`
`A.
`A.
`
`Q.
`Q.
`
`YES.
`YES.
`
`AND CAN YOU READ WHAT YOU WROTE IN TERMS OF WHY YOU MADE
`AND CAN YOU READ WHAT YOU WROTE IN TERMS OF WHY YOU MADE
`
`THAT CHANGE TO THE CODE ON THAT DATE?
`THAT CHANGE TO THE CODE ON THAT DATE?
`
`MARCH 5, 2019
`MARCH 5, 2019
`
`

`

`DE ANDRADE — DIRECT
`DE ANDRADE - DIRECT
`
`147
` 147
`
` 1
`
`A.
`A.
`
`FIX SECURE ISSUE.
`APPS WILL FAIL AUTHENTICATION IF
`FIX SECURE ISSUE. APPS WILL FAIL AUTHENTICATION IF
`
` 2
`
`(JUN
`
` 3
`
` 4
`
` 5
`
` 6
`
` 7
`
` 8
`
` 9
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`10
`10
`
`11
`11
`
`12
`12
`
`13
`13
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`14
`14
`
`15
`15
`
`16
`16
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`17
`17
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`18
`18
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`19
`19
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`20
`20
`
`21
`21
`
`22
`22
`
`23
`23
`
`24
`24
`
`25
`25
`
`THERE IS NO HASH SEGMENT AND THIS IS A SECURE BOOT.
`THERE IS NO HASH SEGMENT AND THIS IS A SECURE BOOT.
`
`Q.
`Q.
`
`A.
`A.
`
`AND WHAT WERE YOU DESCRIBING THERE?
`AND WHAT WERE YOU DESCRIBING THERE?
`
`THAT IF THERE IS A SECURE BOOT AND WE COULDN'T FIND A
`THAT IF THERE IS A SECURE BOOT AND WE COULDN'T FIND A
`
`HASH SEGMENT WE WOULD FAIL.
`HASH SEGMENT WE WOULD FAIL.
`
`Q.
`Q.
`
`DOES THAT RELATE TO THE DESCRIPTION WE JUST SAW FROM
`DOES THAT RELATE TO THE DESCRIPTION WE JUST SAW FROM
`
`THAT DOCUMENT?
`THAT DOCUMENT?
`
`A.
`A.
`
`Q.
`Q.
`
`YEAH.
`YEAH.
`
`GREAT. NOW WE ARE GOING TO TRANSITION TO YOUR FIRST
`GREAT.
`NOW WE ARE GOING TO TRANSITION TO YOUR FIRST
`
`CALL WITH APPLE. AND REMIND US AGAIN, WHEN DID THAT
`CALL WITH APPLE.
`AND REMIND US AGAIN, WHEN DID THAT
`
`DISCUSSION HAPPEN?
`DISCUSSION HAPPEN?
`
`A.
`A.
`
`Q.
`Q.
`
`FEBRUARY 5TH.
`FEBRUARY 5TH.
`
`OKAY. AND IF YOU TURN TO THE DOCUMENT WE WERE LOOKING
`OKAY.
`AND IF YOU TURN TO THE DOCUMENT WE WERE LOOKING
`
`AT YESTERDAY, PX 592. AND LET'S TURN TO THE THIRD PAGE OF
`AT YESTERDAY, PX 592.
`AND LET'S TURN TO THE THIRD PAGE OF
`
`THAT DOCUMENT.
`THAT DOCUMENT.
`
`AND JUST REMIND US, THE MIDDLE THERE, THERE IS AN EMAIL
`AND JUST REMIND US, THE MIDDLE THERE, THERE IS AN EMAIL
`
`FROM JIM WILKIE, AND THAT'S DATED FEBRUARY 4TH, 2010,
`FROM JIM WILKIE, AND THAT'S DATED FEBRUARY 4TH, 2010,
`
`10:35 A.M., CORRECT?
`10:35 A.M., CORRECT?
`
`A.
`A.
`
`Q.
`Q.
`
`CORRECT.
`CORRECT.
`
`THIS WOULD HAVE BEEN THE MORNING BEFORE YOUR CALL WITH
`THIS WOULD HAVE BEEN THE MORNING BEFORE YOUR CALL WITH
`
`APPLE; IS THAT RIGHT?
`APPLE;
`IS THAT RIGHT?
`
`A.
`A.
`
`Q.
`Q.
`
`CORRECT.
`CORRECT.
`
`AND DO YOU SEE THAT HE WROTE, THE MAV CUSTOMER WANTS TO
`AND DO YOU SEE THAT HE WROTE, THE MAV CUSTOMER WANTS TO
`
`HAVE A TECHNICAL DISCUSSION WITH RESIDENT GOBI
`IMAGE TRANSFER
`HAVE A TECHNICAL DISCUSSION WITH RESIDENT GOBI IMAGE TRANSFER
`
`PROTOCOL EXPERTS.
`I AM NOT SURE WHOM OUR EXPERTS ARE BUT I
`PROTOCOL EXPERTS. I AM NOT SURE WHOM OUR EXPERTS ARE BUT I
`
`MARCH 5, 2019
`MARCH 5, 2019
`
`

`

`DE ANDRADE — DIRECT
`DE ANDRADE - DIRECT
`
`148
` 148
`
` 1
`
`SUSPECT BILLY AND CLAUDIA?
`SUSPECT BILLY AND CLAUDIA?
`
` 2
`
`(JUN
`
` 3
`
` 4
`
` 5
`
` 6
`
` 7
`
` 8
`
` 9
`
`10
`10
`
`11
`11
`
`12
`12
`
`13
`13
`
`14
`14
`
`15
`15
`
`16
`16
`
`17
`17
`
`18
`18
`
`19
`19
`
`20
`20
`
`21
`21
`
`22
`22
`
`23
`23
`
`24
`24
`
`25
`25
`
`DO YOU SEE THAT?
`DO YOU SEE THAT?
`
`YES.
`YES.
`
`SO YOU DID HAVE THAT CALL WITH APPLE; IS THAT CORRECT?
`SO YOU DID HAVE THAT CALL WITH APPLE;
`IS THAT CORRECT?
`
`YES.
`YES.
`
`LET'S TURN TO THE PAGE BEFORE THAT, WE HAVE AN EMAIL
`LET'S TURN TO THE PAGE BEFORE THAT, WE HAVE AN EMAIL
`
`A
`A.
`
`Q.
`Q.
`
`A.
`A.
`
`Q
`Q.
`
`FROM BILLY OOSTRA CONFIRMING A 10:00 A.M. TOMORROW CALL WHICH
`FROM BILLY OOSTRA CONFIRMING A 10:00 A.M. TOMORROW CALL WHICH
`
`WOULD HAVE BEEN 10:00 A.M. FEBRUARY 5TH.
`THAT'S THE CALL THAT
`WOULD HAVE BEEN 10:00 A.M. FEBRUARY 5TH. THAT'S THE CALL THAT
`
`YOU ATTENDED.
`YOU ATTENDED.
`
`A.
`A.
`
`Q.
`Q.
`
`YES.
`YES.
`
`SO WE ARE GOING TO GO TO SOME OF THE DOCUMENTS THAT
`SO WE ARE GOING TO GO TO SOME OF THE DOCUMENTS THAT
`
`DESCRIBE THAT CALL. BUT BEFORE THAT, CAN YOU TELL THE JURY
`DESCRIBE THAT CALL.
`BUT BEFORE THAT, CAN YOU TELL THE JURY
`
`YOUR RECOLLECTION OF WHAT WAS DISCUSSED DURING THIS
`YOUR RECOLLECTION OF WHAT WAS DISCUSSED DURING THIS
`
`FEBRUARY 5TH CALL BETWEEN YOU AND THE APPLE ENGINEERS?
`FEBRUARY 5TH CALL BETWEEN YOU AND THE APPLE ENGINEERS?
`
`A.
`A.
`
`THEY WERE INTERESTED IN THE FLASHLESS BOOT.
`THEY WANTED
`THEY WERE INTERESTED IN THE FLASHLESS BOOT. THEY WANTED
`
`TO KNOW HOW WE WERE TRANSFERRING THE IMAGES.
`THEY WANTED TO
`TO KNOW HOW WE WERE TRANSFERRING THE IMAGES. THEY WANTED TO
`
`KNOW THE PROCESS TO PARSE THE IMAGE.
`WE TALKED TO THEM ABOUT
`KNOW THE PROCESS TO PARSE THE IMAGE. WE TALKED TO THEM ABOUT
`
`THE SUPPLEMENTAL, THE STREAMING PROTOCOL. WE TALKED TO THEM
`THE SUPPLEMENTAL, THE STREAMING PROTOCOL.
`WE TALKED TO THEM
`
`ABOUT THE PROCESS, THE FORMAT OF THE IMAGE, THE BOOT -- STAGE
`ABOUT THE PROCESS, THE FORMAT OF THE IMAGE, THE BOOT —— STAGE
`
`TO BOOT APPROACH.
`TO BOOT APPROACH.
`
`WE TOLD THEM THAT WE HAD A SMALL FLASH PIECE AND —— THAT
`WE TOLD THEM THAT WE HAD A SMALL FLASH PIECE AND -- THAT
`
`FIT ALL THE BOOT LOADERS.
`AND THEY MENTIONED THAT THEY WANTED
`FIT ALL THE BOOT LOADERS. AND THEY MENTIONED THAT THEY WANTED
`
`TO GO WITH COMPLETE FLASHLESS. SO WE GAVE SOME SUGGESTIONS,
`TO GO WITH COMPLETE FLASHLESS.
`SO WE GAVE SOME SUGGESTIONS,
`
`WE HAD A BRAINSTORM DISCUSSING THERE ARE SOME THINGS THAT THEY
`WE HAD A BRAINSTORM DISCUSSING THERE ARE SOME THINGS THAT THEY
`
`COULD DO, AND MADE SOME SUGGESTIONS TO THEM.
`COULD DO, AND MADE SOME SUGGESTIONS TO THEM.
`
`MARCH 5, 2019
`MARCH 5, 2019
`
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`ON THIS IDEA OF GOING COMPLETELY FLASHLESS, WHICH MEANS
`ON THIS IDEA OF GOING COMPLETELY FLASHLESS, WHICH MEANS
`
`THERE IS NO FLASH ON THE MODEM PROCESSOR SIDE?
`THERE IS NO FLASH ON THE MODEM PROCESSOR SIDE?
`
`A.
`A.
`
`Q.
`Q.
`
`YES.
`YES.
`
`HAD YOU DISCUSSED OR THOUGHT ABOUT THAT IDEA BEFORE THE
`HAD YOU DISCUSSED OR THOUGHT ABOUT THAT IDEA BEFORE THE
`
`CALL WITH APPLE?
`CALL WITH APPLE?
`
`A.
`A.
`
`YEAH. WHEN WE STARTED THE UNVP, THE GOBI PRODUCT, ONE
`YEAH. WHEN WE STARTED THE UNVP, THE GOBI PRODUCT, ONE
`
`OF THE OPTIONS WAS TO GO COMPLETELY FLASHLESS.
`AND WE HAD TO
`OF THE OPTIONS WAS TO GO COMPLETELY FLASHLESS. AND WE HAD TO
`
`DO LIKE A TRADEOFF WHAT WOULD BE BEST, WHAT WOULD BE A RISK,
`DO LIKE A TRADEOFF WHAT WOULD BE BEST, WHAT WOULD BE A RISK,
`
`AND MAKE A DECISION.
`AND WE DECIDED TO GO WI