QUALCOMM EXHIBIT 2004
`Intel v. Qualcomm
`IPR2018-01334
`
`218
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF CALIFORNIA
`BEFORE HONORABLE DANA M. SABRAW, JUDGE PRESIDING
`
`________________________________
`QUALCOMM INCORPORATED,
`PLAINTIFF, ) CASE NO. 17CV1375-DMS
`)
`VS. )
`) SAN DIEGO, CALIFORNIA
`APPLE INC., )
`)
`DEFENDANT. ) MONDAY, MARCH 5, 2019
`________________________________)
`AND RELATED COUNTERCLAIMS )
`________________________________)
`
`))
`
`)
`
`REPORTER'S TRANSCRIPT OF PROCEEDINGS
`JURTY TRIAL, DAY 2, VOLUME 2B
`PAGES 218-
`
`REPORTED BY STENOGRAPHY, TRANSCRIPT PRODUCED BY CAT SOFTWARE
`____________________________________________________________
`
`MAURALEE RAMIREZ, RPR, CSR NO. 11674
`FEDERAL OFFICIAL COURT REPORTER
`ORDERTRANSCRIPT@GMAIL.COM
`
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`

`

`219
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`COUNSEL APPEARING:
`FOR THE PLAINTIFF: QUINN EMANUEL URQHART & SULLIVAN, LLP
`DAVID A. NELSON
`500 WEST MADISON STREET, SUITE 2450
`CHICAGO, ILLINOIS 60661
`SEAN S. PAK
`MICHELLE ANN CLARK
`50 CALIFORNIA STREET, 22ND FLOOR
`SAN FRANCISCO, CALIFORNIA 94111
`VALERIE A. LOZANO
`865 SOUTH FIGEUROA STREET, 10TH FLOOR
`LOS ANGELES, CALIFORNIA 90017
`
`FOR THE DEFENDANT: FISH & RICHARDSON
`JUANITA R. BROOKS
`12390 EL CAMINO REAL
`SAN DIEGO, CALIFORNIA 92130
`WILLIAM CUTLER PICKERING HALE & DORR LLP
`JOSEPH J. MUELLER
`SARAH FRAZIER
`60 STATE STREET
`BOSTON, MASSACHUSETTS 02109
`NINA S. TALLON
`1875 PENNSYLVANIA AVENUE NORTHWEST
`WASHINGTON, DC 20006
`
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`220
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`SAN DIEGO, CALIFORNIA; TUESDAY, MARCH 5, 2019; 11:00 A.M.
`
`(CALL TO ORDER THE COURT AT 11:00 A.M.)
`
`THE COURT: WE'RE BACK ON THE RECORD WITH ALL PRESENT.
`
`COUNSEL.
`
`DIRECT EXAMINATION RESUMED
`
`BY MR. HAMSTRA:
`
`Q
`
`THANK YOU, YOUR HONOR.
`
`MR. HAEHNICHEN, YOU CAN TAKE A SEAT. MR. HAEHNICHEN, CAN
`
`YOU TURN BACK TO PX579.
`
`I WANT TO ASK YOU ANOTHER QUESTION
`
`ABOUT THAT FEBRUARY 19 REQUIREMENTS DOCUMENT.
`
`AND SO,
`
`MR. HAEHNICHEN, CAN YOU TURN TO PAGE 3 OF THAT DOCUMENT.
`
`A
`
`Q
`
`A
`
`Q
`
`A
`
`Q
`
`PAGE 3, YES.
`
`
`
`DO YOU SEE A SECTION ENTITLED SW DEVELOPMENT REQUIREMENTS?
`
`YES.
`
`AND DO YOU SEE SOMETHING CALLED EOSBL THERE?
`
`I DO.
`
`CAN YOU EXPLAIN TO THE JURY WHAT ROLE THAT PIECE OF
`
`SOFTWARE HAS IN THE IMAGE DOWNLOAD PROCESS?
`
`A
`
`EOSBL IS APPLE'S NAME FOR MODIFIED OS BOOT LOADER, SO
`
`THEY'RE CALLING IT THE ENHANCED OS BOOT LOADER.
`
`IT LOADS THE
`
`BULK OF THE IMAGE INTO MEMORY.
`
`Q
`
`A
`
`Q
`
`DOES IT THE LOAD THE AMSS IMAGE INTO MEMORY?
`
`IT DOES, YES.
`
`AND WHAT DID THIS APPLE REQUIREMENT DOCUMENT ASSIGN
`
`OWNERSHIP OF THAT COMPONENT TO?
`
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` SAN DIEGO, CALIFORNIA; TUESDAY, MARCH 5, 2019; 11:00 A.M.
`(CALL TO ORDER THE COURT AT 11:00 A.M.)
`THE COURT: WE'RE BACK ON THE RECORD WITH ALL PRESENT.
`COUNSEL.
`
`DIRECT EXAMINATION RESUMED
`
`BY MR. HAMSTRA:
`Q
`THANK YOU, YOUR HONOR.
`MR. HAEHNICHEN, YOU CAN TAKE A SEAT. MR. HAEHNICHEN, CAN
`YOU TURN BACK TO PX579. I WANT TO ASK YOU ANOTHER QUESTION
`ABOUT THAT FEBRUARY 19 REQUIREMENTS DOCUMENT. AND SO,
`MR. HAEHNICHEN, CAN YOU TURN TO PAGE 3 OF THAT DOCUMENT.
`A
`PAGE 3, YES.
`Q
`DO YOU SEE A SECTION ENTITLED SW DEVELOPMENT REQUIREMENTS?
`A
`YES.
`Q
`AND DO YOU SEE SOMETHING CALLED EOSBL THERE?
`A
`I DO.
`Q
`CAN YOU EXPLAIN TO THE JURY WHAT ROLE THAT PIECE OF
`SOFTWARE HAS IN THE IMAGE DOWNLOAD PROCESS?
`A
`EOSBL IS APPLE'S NAME FOR MODIFIED OS BOOT LOADER, SO
`THEY'RE CALLING IT THE ENHANCED OS BOOT LOADER. IT LOADS THE
`BULK OF THE IMAGE INTO MEMORY.
`Q
`DOES IT THE LOAD THE AMSS IMAGE INTO MEMORY?
`A
`IT DOES, YES.
`Q
`AND WHAT DID THIS APPLE REQUIREMENT DOCUMENT ASSIGN
`OWNERSHIP OF THAT COMPONENT TO?
`
`

`

`221
`
`A
`
`IT WAS ASSIGNED TO EUREKA.
`
`THEY WANTED TO USE THAT CODE
`
`NAME FOR OUR COMPANY, QUALCOMM.
`
`SO EUREKA HERE REFERS TO QUALCOMM?
`
`YES,
`
`IT DOES.
`
`AND WHAT DOES NO.
`
`3 IN THIS "SW CHANGES REQUIRED" SECTION
`
`Q
`
`A
`
`Q
`
`SAY?
`
`A
`
`HERE THEY WERE EXPLAINING THAT WE HAD TO BRING IN THE FAST
`
`NON—FRAMING STREAMING PROTOCOL.
`
`THE ONE USED BY GOBI.
`
`Q
`
`WHY DID YOU UNDERSTAND THIS TO BE REFERRING TO THE
`
`NON—FRAMING STREAMING PROTOCOL USED BY GOBI?
`
`A
`
`WELL,
`
`IT'S WRITTEN HERE.
`
`THE MODIFICATIONS GOBI MADE TO
`
`OUR BOOT LOADER TO LOAD FROM USB INSTEAD OF FLASH OR TO REMOVE
`
`SOME OF THE FRAMING ON THE SLOWER PROTOCOL.
`
`SO THEY GOT A
`
`LITTLE EXTRA SPEED FROM DOING THAT.
`
`Q
`
`AND MR. HAEHNICHEN,
`
`I WANT TO BE CLEAR ON THIS, THE BOOT
`
`APPROACH DESCRIBED IN THE SECOND REQUIREMENTS DOCUMENT HERE ON
`
`FEBRUARY 19,
`
`IS THAT AN APPLE DEVELOPED APPROACH OR A QUALCOMM
`
`DEVELOPED APPROACH?
`
`A
`
`THIS IS GOBI.
`
`THIS IS THE QUALCOMM DEVELOPED PRODUCT,
`
`YEAH.
`
`Q
`
`SO, MR. HAEHNICHEN, TURNING BACK TO WHAT WE WERE DISCUSSING
`
`BEFORE THE BREAK,
`
`I WANT TO TALK TO YOU BEFORE SOME MORE ABOUT
`
`YOUR SAHARA IDEA AND DESIGN?
`
`A
`
`Q
`
`OKAY.
`
`SO, MR. HAEHNICHEN, CAN YOU JUST EXPLAIN AGAIN WHY SAHARA
`
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`IT WAS ASSIGNED TO EUREKA. THEY WANTED TO USE THAT CODE
`A
`NAME FOR OUR COMPANY, QUALCOMM.
`Q
`SO EUREKA HERE REFERS TO QUALCOMM?
`A
`YES, IT DOES.
`Q
`AND WHAT DOES NO. 3 IN THIS "SW CHANGES REQUIRED" SECTION
`SAY?
`A
`HERE THEY WERE EXPLAINING THAT WE HAD TO BRING IN THE FAST
`NON-FRAMING STREAMING PROTOCOL. THE ONE USED BY GOBI.
`Q
`WHY DID YOU UNDERSTAND THIS TO BE REFERRING TO THE
`NON-FRAMING STREAMING PROTOCOL USED BY GOBI?
`A
`WELL, IT'S WRITTEN HERE. THE MODIFICATIONS GOBI MADE TO
`OUR BOOT LOADER TO LOAD FROM USB INSTEAD OF FLASH OR TO REMOVE
`SOME OF THE FRAMING ON THE SLOWER PROTOCOL. SO THEY GOT A
`LITTLE EXTRA SPEED FROM DOING THAT.
`Q
`AND MR. HAEHNICHEN, I WANT TO BE CLEAR ON THIS, THE BOOT
`APPROACH DESCRIBED IN THE SECOND REQUIREMENTS DOCUMENT HERE ON
`FEBRUARY 19, IS THAT AN APPLE DEVELOPED APPROACH OR A QUALCOMM
`DEVELOPED APPROACH?
`A
`THIS IS GOBI. THIS IS THE QUALCOMM DEVELOPED PRODUCT,
`YEAH.
`Q
`SO, MR. HAEHNICHEN, TURNING BACK TO WHAT WE WERE DISCUSSING
`BEFORE THE BREAK, I WANT TO TALK TO YOU BEFORE SOME MORE ABOUT
`YOUR SAHARA IDEA AND DESIGN?
`A
`OKAY.
`Q
`SO, MR. HAEHNICHEN, CAN YOU JUST EXPLAIN AGAIN WHY SAHARA
`
`

`

`222
`
`WAS
`
`A
`
`ABLE TO OBTAIN THE SPEEDS REQUIRED BY APPLE?
`
`TO OBTAIN THE SPEEDS BY AVOIDING THE COPIES THAT WE'VE
`
`TALKED ABOUT.
`
`IT READS THINGS INTO
`SO IF YOU LOOK AT GOBI,
`
`
`MEMORY, FIGURES OUT WHERE THEY ARE, FIGURES OUT WHAT THEY ARE,
`
`
`WHERE THEY NEED TO GO, AND IT COPIES THEM THERE; WHEREAS,
`
`IN
`
`SAHARA, WE WOULD RECEIVE THE DATA DIRECTLY FROM USB AND THE
`
`ONLY PLACE IT WOULD GO IS RIGHT WHERE IT NEEDS TO BE.
`
`SO WE
`
`COMPARED TO LIKE A NONSTOP FLIGHT.
`
`INSTEAD OF A FLIGHT WITH A
`
`STOP IN THE MIDDLE AND A LONG LAYOVER, YOU JUST PUT IT RIGHT
`
`WHERE IT NEEDS TO BE AT THE END.
`
`Q
`
`HOW WERE YOU ABLE TO DESIGN YOUR SYSTEM SO THE HARDWARE
`
`COULD PLACE THE DATA RIGHT WHERE IT NEEDED TO BE?
`
`A
`
`THAT WAS PRETTY HARD.
`
`WE HAD TO BRING IN THE EXPERTS ON
`
`THAT PIECE OF HARDWARE, WHICH IS THE USB RECEIVER, AND WE HAD
`
`TO TELL THEM WHAT WE WERE TRYING TO DO, AND THEY TOLD US HOW
`
`THE HARDWARE WORKS AND WHAT THE CONSTRAINTS ARE OF THAT
`
`HARDWARE AND HOW WE WOULD HAVE TO ORGANIZE AND SET IT UP SO
`
`THAT WE COULD RECEIVE IT FROM THE VERY FIRST BYTE INTO THE
`
`ADDRESS IT NEEDS TO BE.
`
`AND WHO ARE THE USE EXPERTS YOU JUST MENTIONED THERE?
`
`WELL, THAT WAS DANIEL KIM AND HUSLID (PHONETIC)
`
`IGOR.
`
`AND ARE THOSE TWO INDIVIDUALS ALSO NAMED AS INVENTORS ON
`
`Q A
`
`Q T
`
`HE
`
`'949 PATENT?
`
`A
`
`Q
`
`YES, OF COURSE.
`
`AND HOW WERE YOU ABLE TO PROGRAM THAT USB HARDWARE TO PUT
`
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`WAS ABLE TO OBTAIN THE SPEEDS REQUIRED BY APPLE?
`A
`TO OBTAIN THE SPEEDS BY AVOIDING THE COPIES THAT WE'VE
`TALKED ABOUT. SO IF YOU LOOK AT GOBI, IT READS THINGS INTO
`MEMORY, FIGURES OUT WHERE THEY ARE, FIGURES OUT WHAT THEY ARE,
`WHERE THEY NEED TO GO, AND IT COPIES THEM THERE; WHEREAS, IN
`SAHARA, WE WOULD RECEIVE THE DATA DIRECTLY FROM USB AND THE
`ONLY PLACE IT WOULD GO IS RIGHT WHERE IT NEEDS TO BE. SO WE
`COMPARED TO LIKE A NONSTOP FLIGHT. INSTEAD OF A FLIGHT WITH A
`STOP IN THE MIDDLE AND A LONG LAYOVER, YOU JUST PUT IT RIGHT
`WHERE IT NEEDS TO BE AT THE END.
`Q
`HOW WERE YOU ABLE TO DESIGN YOUR SYSTEM SO THE HARDWARE
`COULD PLACE THE DATA RIGHT WHERE IT NEEDED TO BE?
`A
`THAT WAS PRETTY HARD. WE HAD TO BRING IN THE EXPERTS ON
`THAT PIECE OF HARDWARE, WHICH IS THE USB RECEIVER, AND WE HAD
`TO TELL THEM WHAT WE WERE TRYING TO DO, AND THEY TOLD US HOW
`THE HARDWARE WORKS AND WHAT THE CONSTRAINTS ARE OF THAT
`HARDWARE AND HOW WE WOULD HAVE TO ORGANIZE AND SET IT UP SO
`THAT WE COULD RECEIVE IT FROM THE VERY FIRST BYTE INTO THE
`ADDRESS IT NEEDS TO BE.
`Q
`AND WHO ARE THE USB EXPERTS YOU JUST MENTIONED THERE?
`A
`WELL, THAT WAS DANIEL KIM AND HUSLID (PHONETIC) IGOR.
`Q
`AND ARE THOSE TWO INDIVIDUALS ALSO NAMED AS INVENTORS ON
`THE '949 PATENT?
`A
`YES, OF COURSE.
`Q
`AND HOW WERE YOU ABLE TO PROGRAM THAT USB HARDWARE TO PUT
`
`

`

`223
`
`THE DATA DIRECTLY INTO ITS FINAL DESTINATION OF MEMORY?
`
`A
`
`SO TO GET EVERYTHING SET —— SO BEFORE THE BYTES ARRIVE,
`
`THEY ALREADY KNOW WHERE TO GO.
`
`WE HAVE TO FIRST GET THE
`
`HEADERS OF EACH IMAGE, AND THE HEADERS TOLD US THE DESTINATION,
`
`THE SIZE, CHARACTERISTICS OF THE DATA SO THAT WE COULD PROGRAM
`
`THE USB HARDWARE DATA DIRECTLY AND HAVE IT ALLOWED TO RECEIVE
`
`RIGHT AWAY.
`
`Q
`
`THANK YOU, MR. HAEHNICHEN. WERE YOU ABLE TO EVER ACTUALLY
`
`IMPLEMENT YOUR SAHARA PROTOCOL?
`
`A
`
`Q
`
`A
`
`Q
`
`OH, YES.
`
`COULD YOU TURN TO PX595.
`
`I SEE IT.
`
`I WANT TO DRAW YOUR ATTENTION TO THE EARLIEST EMAIL IN THIS
`
`THREAD, MR. HAEHNICHEN.
`
`A
`
`Q
`
`A
`
`Q
`
`A
`
`Q
`
`A
`
`MARCH 31ST?
`
`YES.
`
`YES.
`
`AND YOU MENTIONED THE DATE OF THIS WAS MARCH 31ST?
`
`MARCH 31ST, 2010.
`
`WHAT IS THIS EMAIL DESCRIBING, MR. HAEHNICHEN?
`
`THIS IS EMAIL FROM NITEN GUPTA. HE'S PRETTY STOKED TO HAVE
`
`BOOTED IT ALL THE WAY UP FOR THE FIRST TIME USING SAHARA, SO
`
`NITEN IS CELEBRATING THAT IT FINALLY WORKS.
`
`I CAN'T EMPHASIZE
`
`HOW CLOSE TO THE DEADLINE THIS IS, RIGHT?
`
`THIS IS THE END OF
`
`MARCH, AND WE HAD PROMISED APPLE DELIVERY BY MID-APRIL.
`
`A LOT
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`THE DATA DIRECTLY INTO ITS FINAL DESTINATION OF MEMORY?
`A
`SO TO GET EVERYTHING SET -- SO BEFORE THE BYTES ARRIVE,
`THEY ALREADY KNOW WHERE TO GO. WE HAVE TO FIRST GET THE
`HEADERS OF EACH IMAGE, AND THE HEADERS TOLD US THE DESTINATION,
`THE SIZE, CHARACTERISTICS OF THE DATA SO THAT WE COULD PROGRAM
`THE USB HARDWARE DATA DIRECTLY AND HAVE IT ALLOWED TO RECEIVE
`RIGHT AWAY.
`Q
`THANK YOU, MR. HAEHNICHEN. WERE YOU ABLE TO EVER ACTUALLY
`IMPLEMENT YOUR SAHARA PROTOCOL?
`A
`OH, YES.
`Q
`COULD YOU TURN TO PX595.
`A
`I SEE IT.
`Q
`I WANT TO DRAW YOUR ATTENTION TO THE EARLIEST EMAIL IN THIS
`THREAD, MR. HAEHNICHEN.
`A
`MARCH 31ST?
`Q
`YES.
`A
`YES.
`Q
`AND YOU MENTIONED THE DATE OF THIS WAS MARCH 31ST?
`A
`MARCH 31ST, 2010.
`Q
`WHAT IS THIS EMAIL DESCRIBING, MR. HAEHNICHEN?
`A
`THIS IS EMAIL FROM NITEN GUPTA. HE'S PRETTY STOKED TO HAVE
`BOOTED IT ALL THE WAY UP FOR THE FIRST TIME USING SAHARA, SO
`NITEN IS CELEBRATING THAT IT FINALLY WORKS. I CAN'T EMPHASIZE
`HOW CLOSE TO THE DEADLINE THIS IS, RIGHT? THIS IS THE END OF
`MARCH, AND WE HAD PROMISED APPLE DELIVERY BY MID-APRIL. A LOT
`
`

`

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`OF TIME CONSTRAINT HERE, REALLY RUSHED, AND THIS IS THE FIRST
`
`TIME WE REALLY SAW THE LIGHT AT THE END OF THE TUNNEL AND KNEW
`
`THAT WE COULD BOOT WITH THIS NEW SYSTEM FASTER.
`
`Q
`
`AND JUST SO THERE'S NO CONFUSION, MR. HAEHNICHEN, THERE'S A
`
`REFERENCE TO A SIVA IN THIS EMAIL.
`
`WHO IS THAT REFERRING TO?
`
`A
`
`SIVA, A HIRED CONSULTANT AT QUALCOMM TO WRITE THE EXAMPLE
`
`HOST SIDE CONTROLLER FOR SAHARA.
`
`Q
`
`A
`
`Q
`
`DOES HIS NAME APPEAR ON THE 2 LINE OF THIS EMAIL?
`
`YES.
`
`SIVA, G.
`
`AND JUST TO BE CLEAR, SIVA, G WAS A CONSULTANT HIRED BY
`
`QUALCOMM?
`
`A
`
`Q
`
`YEAH, THAT'S CORRECT.
`
`WITHIN THE COUPLE OF WEEKS FOLLOWING THIS FIRST SUCCESSFUL
`
`TEST OF THE SAHARA PROTOCOL, WHAT SPEEDS WERE YOU ABLE TO
`
`OBTAIN?
`
`A
`
`AFTER WE HAD A WEEK OR TWO TO WORK ON IT AND OPTIMIZE IT,
`
`WE GOT IT UP TO OVER 30 MEGABYTES A SECOND.
`
`Q
`
`AND CAN YOU TURN TO THE TOP EMAIL ON THIS THREAD ON PAGE 1.
`
`AND IS THAT SPEED REFLECTED IN THIS EMAIL?
`
`A
`
`Q
`
`YEAH.
`
`HERE IT SHOWS WE COULD GET TO 31 MEGABYTES A SECOND.
`
`AND, MR. HAEHNICHEN, AROUND HOW LONG WOULD IT TAKE TO
`
`DOWNLOAD A 25 MEGABYTE IMAGE AS APPLE WAS PROPOSING TO USE AT A
`
`31 MEGABYTE?
`
`A
`
`Q
`
`COMFORTABLY UNDER ONE SECOND.
`
`AND WHAT DID THAT TELL YOU ABOUT WHETHER YOUR NEW APPROACH
`
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`
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`
`OF TIME CONSTRAINT HERE, REALLY RUSHED, AND THIS IS THE FIRST
`TIME WE REALLY SAW THE LIGHT AT THE END OF THE TUNNEL AND KNEW
`THAT WE COULD BOOT WITH THIS NEW SYSTEM FASTER.
`Q
`AND JUST SO THERE'S NO CONFUSION, MR. HAEHNICHEN, THERE'S A
`REFERENCE TO A SIVA IN THIS EMAIL. WHO IS THAT REFERRING TO?
`A
`SIVA, A HIRED CONSULTANT AT QUALCOMM TO WRITE THE EXAMPLE
`HOST SIDE CONTROLLER FOR SAHARA.
`Q
`DOES HIS NAME APPEAR ON THE 2 LINE OF THIS EMAIL?
`A
`YES. SIVA, G.
`Q
`AND JUST TO BE CLEAR, SIVA, G WAS A CONSULTANT HIRED BY
`QUALCOMM?
`A
`YEAH, THAT'S CORRECT.
`Q
`WITHIN THE COUPLE OF WEEKS FOLLOWING THIS FIRST SUCCESSFUL
`TEST OF THE SAHARA PROTOCOL, WHAT SPEEDS WERE YOU ABLE TO
`OBTAIN?
`A
`AFTER WE HAD A WEEK OR TWO TO WORK ON IT AND OPTIMIZE IT,
`WE GOT IT UP TO OVER 30 MEGABYTES A SECOND.
`Q
`AND CAN YOU TURN TO THE TOP EMAIL ON THIS THREAD ON PAGE 1.
`AND IS THAT SPEED REFLECTED IN THIS EMAIL?
`A
`YEAH. HERE IT SHOWS WE COULD GET TO 31 MEGABYTES A SECOND.
`Q
`AND, MR. HAEHNICHEN, AROUND HOW LONG WOULD IT TAKE TO
`DOWNLOAD A 25 MEGABYTE IMAGE AS APPLE WAS PROPOSING TO USE AT A
`31 MEGABYTE?
`A
`COMFORTABLY UNDER ONE SECOND.
`Q
`AND WHAT DID THAT TELL YOU ABOUT WHETHER YOUR NEW APPROACH
`
`

`

`225
`
`COULD MEET APPLE'S ONE SECOND REQUIREMENT?
`
`A
`
`Q
`
`WE WERE PRETTY HAPPY.
`
`WE KNEW WE COULD MEET THIS.
`
`NOW DID APPLE EVER LEARN THAT YOU WERE DEVELOPING A NEW
`
`NON-GOBI BOOT APPROACH?
`
`A
`
`Q
`
`A
`
`THEY DID.
`
`NOW DID THEY REACT?
`
`THEY WERE NOT HAPPY.
`
`BECAUSE EVERYTHING TO DATE HAD BEEN
`
`DISCUSSING APPLE AND EMPHASIS ON THE DATES, MID-APRIL
`
`COMPLETION.
`
`SO WHEN WE TOLD THEM WE WERE CHANGING THE PROTOCOL
`
`IN MEANINGFUL AND INCOMPATIBLE WAYS, THEY WERE VERY UNHAPPY.
`
`Q
`
`YOU MENTIONED A LITTLE BIT ABOUT THE SCHEDULE. WHEN DID
`
`APPLE ACTUALLY WANT THEIR FIRST FUNCTIONAL SAHARA
`
`IMPLEMENTATION AT THIS TIME?
`
`A
`
`Q
`
`A
`
`Q
`
`OUR MANAGEMENT HAD PROMISED IT TO THEM BY APRIL 15.
`
`APRIL 15, 2010?
`
`SO, MR. HAEHNICHEN, CAN YOU TURN TO PX799?
`
`YES.
`
`AND I WANT TO DRAW YOUR ATTENTION TO THE EARLIEST EMAIL IN
`
`THIS THREAD AT THE BOTTOM OF THE SECOND PAGE.
`
`FIRST OF ALL,
`
`WHEN DID YOU SEND THIS EMAIL?
`
`A
`
`Q
`
`THIS IS MARCH 18.
`
`AND HOW DOES THIS EMAIL RELATE TO WHAT YOU JUST TESTIFIED
`
`TO REGARDING APPLE'S REACTION TO THE DESIGN OF THE NEW NON-GOBI
`
`PROTOCOL?
`
`A
`
`SO THIS IS RIGHT AFTER WE TOLD APPLE WE'RE GOING TO HAVE TO
`
`MAKE SOME SERIOUS INCOMPATIBLE CHANGES TO GOBI AND WE'RE DOING
`
`10
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`12
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`14
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`15
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`
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`13
`14
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`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`COULD MEET APPLE'S ONE SECOND REQUIREMENT?
`A
`WE WERE PRETTY HAPPY. WE KNEW WE COULD MEET THIS.
`Q
`NOW DID APPLE EVER LEARN THAT YOU WERE DEVELOPING A NEW
`NON-GOBI BOOT APPROACH?
`A
`THEY DID.
`Q
`NOW DID THEY REACT?
`A
`THEY WERE NOT HAPPY. BECAUSE EVERYTHING TO DATE HAD BEEN
`DISCUSSING APPLE AND EMPHASIS ON THE DATES, MID-APRIL
`COMPLETION. SO WHEN WE TOLD THEM WE WERE CHANGING THE PROTOCOL
`IN MEANINGFUL AND INCOMPATIBLE WAYS, THEY WERE VERY UNHAPPY.
`Q
`YOU MENTIONED A LITTLE BIT ABOUT THE SCHEDULE. WHEN DID
`APPLE ACTUALLY WANT THEIR FIRST FUNCTIONAL SAHARA
`IMPLEMENTATION AT THIS TIME?
`A
`OUR MANAGEMENT HAD PROMISED IT TO THEM BY APRIL 15.
`Q
`APRIL 15, 2010? SO, MR. HAEHNICHEN, CAN YOU TURN TO PX799?
`A
`YES.
`Q
`AND I WANT TO DRAW YOUR ATTENTION TO THE EARLIEST EMAIL IN
`THIS THREAD AT THE BOTTOM OF THE SECOND PAGE. FIRST OF ALL,
`WHEN DID YOU SEND THIS EMAIL?
`A
`THIS IS MARCH 18.
`Q
`AND HOW DOES THIS EMAIL RELATE TO WHAT YOU JUST TESTIFIED
`TO REGARDING APPLE'S REACTION TO THE DESIGN OF THE NEW NON-GOBI
`PROTOCOL?
`A
`SO THIS IS RIGHT AFTER WE TOLD APPLE WE'RE GOING TO HAVE TO
`MAKE SOME SERIOUS INCOMPATIBLE CHANGES TO GOBI AND WE'RE DOING
`
`

`

`226
`
`SOMETHING A BIT DIFFERENT NOW.
`
`AND THEY WERE IMMEDIATELY
`
`CONCERNED AND ASKED WHY WE COULDN'T JUST USE GOBI AS IS, WHAT'S
`
`GOING ON.
`
`AGAIN, VERY WORRIED ABOUT THIS APRIL DATE AND THEIR
`
`PRODUCTION SOON THEREAFTER.
`
`Q
`
`AND TO BE CLEAR, MR. HAEHNICHEN, THE FOUR QUESTIONS LISTED
`
`ON THIS MARCH 18 EMAIL OF YOURS, WHAT'S THE SOURCE OF THOSE
`
`QUESTIONS?
`
`A
`
`Q
`
`THOSE ARE QUESTIONS FROM APPLE THAT THEY WANTED ANSWERED.
`
`AND DO YOU SEE A REFERENCE TO A MEETING SCHEDULED TO OCCUR
`
`TOMORROW, OR MARCH 19, 2010?
`
`A
`
`Q
`
`A
`
`Q
`
`A
`
`Q
`
`A
`
`Q
`
`A
`
`THAT'S RIGHT.
`
`DID THAT MEETING EVER OCCUR?
`
`IT DID.
`
`DID YOU ATTEND THAT MEETING?
`
`I DID.
`
`DO YOU RECALL ANYONE FROM APPLE WHO ATTENDED THAT MEETING?
`
`MR. ONWUSHTABA PHONETIC) ATTENDED AND SOME OTHER EMPLOYEES.
`
`WHAT HAPPENED AT THAT MEETING?
`
`SO THE MEETING DEPARTMENT GO WELL.
`
`THEY CAME TO SAN DIEGO
`
`SPECIFICALLY TO LEARN THE DETAILS OF OUR NEW PROTOCOL AND THE
`
`IMPLEMENTATION AND HOW WE'RE GOING TO DO IT AND GAIN CONFIDENCE
`
`IN IT.
`
`I WAS ONLY ABLE TO SHARE WITH THEM OUR EARLY
`
`MEASUREMENTS, AND SO THEY WERE NOT HAPPY.
`
`THEY WANTED AN EXTRA
`
`LEVEL OF DETAIL.
`
`Q
`
`DID THEY INFORM YOU WHY THEY WEREN'T HAPPY?
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
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`
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`
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`2O
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`
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`
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`
`25
`
` 226
`
` 1
` 2
` 3
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` 7
` 8
` 9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`SOMETHING A BIT DIFFERENT NOW. AND THEY WERE IMMEDIATELY
`CONCERNED AND ASKED WHY WE COULDN'T JUST USE GOBI AS IS, WHAT'S
`GOING ON. AGAIN, VERY WORRIED ABOUT THIS APRIL DATE AND THEIR
`PRODUCTION SOON THEREAFTER.
`Q
`AND TO BE CLEAR, MR. HAEHNICHEN, THE FOUR QUESTIONS LISTED
`ON THIS MARCH 18 EMAIL OF YOURS, WHAT'S THE SOURCE OF THOSE
`QUESTIONS?
`A
`THOSE ARE QUESTIONS FROM APPLE THAT THEY WANTED ANSWERED.
`Q
`AND DO YOU SEE A REFERENCE TO A MEETING SCHEDULED TO OCCUR
`TOMORROW, OR MARCH 19, 2010?
`A
`THAT'S RIGHT.
`Q
`DID THAT MEETING EVER OCCUR?
`A
`IT DID.
`Q
`DID YOU ATTEND THAT MEETING?
`A
`I DID.
`Q
`DO YOU RECALL ANYONE FROM APPLE WHO ATTENDED THAT MEETING?
`A
`MR. ONWUSHTABA PHONETIC) ATTENDED AND SOME OTHER EMPLOYEES.
`Q
`WHAT HAPPENED AT THAT MEETING?
`A
`SO THE MEETING DEPARTMENT GO WELL. THEY CAME TO SAN DIEGO
`SPECIFICALLY TO LEARN THE DETAILS OF OUR NEW PROTOCOL AND THE
`IMPLEMENTATION AND HOW WE'RE GOING TO DO IT AND GAIN CONFIDENCE
`IN IT. I WAS ONLY ABLE TO SHARE WITH THEM OUR EARLY
`MEASUREMENTS, AND SO THEY WERE NOT HAPPY. THEY WANTED AN EXTRA
`LEVEL OF DETAIL.
`Q
`DID THEY INFORM YOU WHY THEY WEREN'T HAPPY?
`
`

`

`227
`
`A
`
`Q
`
`A
`
`THEY DID INDEED, YEAH.
`
`AND WHAT DID THEY SAY?
`
`THEY SAID THEY WANTED TO KNOW ALL DETAILS ABOUT THE NEW
`
`PROTOCOL AND EVERYTHING WE WERE DOING THAT WAS DIFFERENT FROM
`
`GOBI.
`
`Q
`
`WHY DIDN'T YOU SHARE THE DETAILS OF THE NEW BOOT APPROACH
`
`YOU WERE DESIGNING AT THAT TIME?
`
`A
`
`YEAH.
`
`MY -- MY MANAGEMENT AND THEIR MANAGEMENT TOLD ME NOT
`
`TO.
`
`Q
`
`A
`
`AND WERE YOU TOLD WHY NOT TO?
`
`YEAH.
`
`THEY SAID THE RIGHT CONTRACTS AND AGREEMENTS WERE
`
`NOT IN PLACE WITH APPLE SO WE COULDN'T DISCUSS ANY PARTICULAR
`
`DETAILS.
`
`Q
`
`AND, MR. HAEHNICHEN, AROUND THIS MID-MARCH TO LATE MARCH
`
`TIME FRAME, HOW WERE YOU FEELING ABOUT THE DEVELOPMENT OF YOUR
`
`SAHARA PROTOCOL?
`
`HOW EXCITED WERE YOU ABOUT THAT?
`
`A
`
`I WAS PRETTY EXCITED ABOUT IT.
`
`IT WAS CLEAR WE HAD MADE
`
`NOT JUST SMALL IMPROVEMENTS BUT DRAMATIC IMPROVEMENTS IN THE
`
`SPEED AND COULD BOOT A MODEM IN ONE SECOND.
`
`Q
`
`A
`
`Q
`
`A
`
`Q
`
`A
`
`COULD YOU TURN TO DX728 IN YOUR BINDER?
`
`YES.
`
`AND THIS IS AN EMAIL FROM YOU ON MARCH 20?
`
`IT IS.
`
`AND WHO DID YOU SEND THIS EMAIL TO?
`
`I SENT THIS TO A MAILING LIST I MADE CALLED COREBSP, CORE
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
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`
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`2O
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`
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`24
`
`25
`
` 227
`
` 1
` 2
` 3
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` 6
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`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`THEY DID INDEED, YEAH.
`A
`AND WHAT DID THEY SAY?
`Q
`THEY SAID THEY WANTED TO KNOW ALL DETAILS ABOUT THE NEW
`A
`PROTOCOL AND EVERYTHING WE WERE DOING THAT WAS DIFFERENT FROM
`GOBI.
`Q
`WHY DIDN'T YOU SHARE THE DETAILS OF THE NEW BOOT APPROACH
`YOU WERE DESIGNING AT THAT TIME?
`A
`YEAH. MY -- MY MANAGEMENT AND THEIR MANAGEMENT TOLD ME NOT
`TO.
`AND WERE YOU TOLD WHY NOT TO?
`Q
`YEAH. THEY SAID THE RIGHT CONTRACTS AND AGREEMENTS WERE
`A
`NOT IN PLACE WITH APPLE SO WE COULDN'T DISCUSS ANY PARTICULAR
`DETAILS.
`Q
`AND, MR. HAEHNICHEN, AROUND THIS MID-MARCH TO LATE MARCH
`TIME FRAME, HOW WERE YOU FEELING ABOUT THE DEVELOPMENT OF YOUR
`SAHARA PROTOCOL? HOW EXCITED WERE YOU ABOUT THAT?
`A
`I WAS PRETTY EXCITED ABOUT IT. IT WAS CLEAR WE HAD MADE
`NOT JUST SMALL IMPROVEMENTS BUT DRAMATIC IMPROVEMENTS IN THE
`SPEED AND COULD BOOT A MODEM IN ONE SECOND.
`Q
`COULD YOU TURN TO DX728 IN YOUR BINDER?
`A
`YES.
`Q
`AND THIS IS AN EMAIL FROM YOU ON MARCH 20?
`A
`IT IS.
`Q
`AND WHO DID YOU SEND THIS EMAIL TO?
`A
`I SENT THIS TO A MAILING LIST I MADE CALLED COREBSP, CORE
`
`

`

`228
`
`BOARD SUPPORT PACKAGE, WHICH WAS OUR TEAM'S -- DOT MAV.
`
`MAVERICK WAS THE CODE NAME FOR APPLE, SO THIS IS A MAILING LIST
`
`OF PEOPLE WORKING ON THIS PARTICULAR MAVERICK PROJECT.
`
`Q
`
`I WANT TO DRAW YOUR ATTENTION TO THE VERY LAST PARAGRAPH IN
`
`THIS EMAIL, MR. HAEHNICHEN.
`
`A
`
`Q
`
`OKAY.
`
`WHAT ARE YOU DESCRIBING HERE?
`
`A
`
`SO HERE,
`
`I'M PRETTY ENTHUSIASTIC ABOUT OUR NEW PROTOCOL,
`
`AND IT WAS CLEAR FROM EVEN THE EARLY TEST THAT IS WAS GOING TO
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`2O
`
`21
`
`22
`
`23
`
`24
`
`25
`
`CHANGE THE WAY WE BOOT MODEMS.
`
`AND THAT ONCE WE CAN SHOW THAT
`
`WE CAN GET RID OF FLASH AND BOOT THE MODEM FASTER, FLASH WAS
`
`ONLY ABOUT 15 MEGABYTES A SECOND.
`
`SO IF WE CAN BOOT FASTER
`
`WITHOUT FLASH, EVERYONE IS GOING TO WANT THIS, AND THIS IS
`
`GOING TO REDEFINE THE WAY WE BOOT MODEMS GOING FORWARD.
`
`SO I
`
`WAS PRETTY EXCITED ABOUT THIS AND I KNEW IT WAS GOING TO BE
`
`MEANINGFUL TO QUALCOMM.
`
`Q
`
`AND AT QUALCOMM, WHAT DO YOU FREQUENTLY DO WHEN YOU COME UP
`
`WITH A NEW INNOVATION THAT YOU'RE REALLY EXCITED ABOUT?
`
`A
`
`WE FILE INVENTION DISCLOSURES AND START THE PROCESS FOR
`
`GETTING A PATENT.
`
`Q
`
`MR. HAEHNICHEN, DID QUALCOMM ACTUALLY EVER DELIVER THE
`
`SAHARA PROTOCOL TO APPLE?
`
`A
`
`Q
`
`A
`
`WE DID.
`
`DO YOU RECALL WHEN THAT OCCURRED?
`
`YEAH.
`
`WE WERE READY ON TIME, APRIL 15, BUT, AGAIN, THE
`
` 228
`
` 1
` 2
` 3
` 4
` 5
` 6
` 7
` 8
` 9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`BOARD SUPPORT PACKAGE, WHICH WAS OUR TEAM'S -- DOT MAV.
`MAVERICK WAS THE CODE NAME FOR APPLE, SO THIS IS A MAILING LIST
`OF PEOPLE WORKING ON THIS PARTICULAR MAVERICK PROJECT.
`Q
`I WANT TO DRAW YOUR ATTENTION TO THE VERY LAST PARAGRAPH IN
`THIS EMAIL, MR. HAEHNICHEN.
`A
`OKAY.
`Q
`WHAT ARE YOU DESCRIBING HERE?
`A
`SO HERE, I'M PRETTY ENTHUSIASTIC ABOUT OUR NEW PROTOCOL,
`AND IT WAS CLEAR FROM EVEN THE EARLY TEST THAT IS WAS GOING TO
`CHANGE THE WAY WE BOOT MODEMS. AND THAT ONCE WE CAN SHOW THAT
`WE CAN GET RID OF FLASH AND BOOT THE MODEM FASTER, FLASH WAS
`ONLY ABOUT 15 MEGABYTES A SECOND. SO IF WE CAN BOOT FASTER
`WITHOUT FLASH, EVERYONE IS GOING TO WANT THIS, AND THIS IS
`GOING TO REDEFINE THE WAY WE BOOT MODEMS GOING FORWARD. SO I
`WAS PRETTY EXCITED ABOUT THIS AND I KNEW IT WAS GOING TO BE
`MEANINGFUL TO QUALCOMM.
`Q
`AND AT QUALCOMM, WHAT DO YOU FREQUENTLY DO WHEN YOU COME UP
`WITH A NEW INNOVATION THAT YOU'RE REALLY EXCITED ABOUT?
`A
`WE FILE INVENTION DISCLOSURES AND START THE PROCESS FOR
`GETTING A PATENT.
`Q
`MR. HAEHNICHEN, DID QUALCOMM ACTUALLY EVER DELIVER THE
`SAHARA PROTOCOL TO APPLE?
`A
`WE DID.
`Q
`DO YOU RECALL WHEN THAT OCCURRED?
`A
`YEAH. WE WERE READY ON TIME, APRIL 15, BUT, AGAIN, THE
`
`

`

`229
`
`CONTRACTS STILL WEREN'T IN PLACE, SO I UNDERSTAND THEY SAT ON
`
`IT FOR A WHILE AND DELIVERED IT THE END OF APRIL.
`
`Q
`
`A
`
`Q
`
`A
`
`AND, MR. HAEHNICHEN, CAN YOU TURN TO PX1008 IN YOUR BINDER?
`
`YES.
`
`AND WHAT IS THIS EMAIL INDICATING?
`
`THIS EMAIL FROM MILAN SHOWS THAT WE FINALLY MET THE LEGAL
`
`HURDLES HE'S DESCRIBING, AND WE WERE ABLE TO RELEASE OUR 4/15
`
`CODE ON 4/27 HERE.
`
`
`Q
`
`AND DO YOU SEE A REFERENCE TO FLASHLESS CHANGES
`
`INCORPORATED INSIDE OF IT?
`
`A
`
`Q
`
`A
`
`YES.
`
`WHAT IS THAT REFERRING TO?
`
`THAT'S ALL THE CHANGES NECESSARY TO BOOT THE MODEM
`
`FLASHLESS.
`
`Q
`
`AND A LITTLE BIT LOWER, DO YOU SEE A REFERENCE TO BOOT
`
`SAHARA.C?
`
`A
`
`Q
`
`A
`
`YES.
`
`WHAT IS THAT REFERRING TO?
`
`THAT'S THE MODIFIED SOURCE CODE WITH THE SAHARA PROTOCOL
`
`IMPLEMENTED.
`
`Q
`
`A
`
`Q
`
`A
`
`AND DID YOU DOCUMENT THE SAHARA PROTOCOL FOR APPLE?
`
`WE DID,
`
`IN DETAIL.
`
`AND WAS THAT INCLUDED IN THIS APRIL 27 RELEASE?
`
`
`YEAH.
`
`IT WAS PART OF THE SAME RELEASE, THE PROTOCOL
`
`SPECIFICATION FOR SAHARA.
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`2O
`
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`
`22
`
`23
`
`24
`
`25
`
` 229
`
` 1
` 2
` 3
` 4
` 5
` 6
` 7
` 8
` 9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`CONTRACTS STILL WEREN'T IN PLACE, SO I UNDERSTAND THEY SAT ON
`IT FOR A WHILE AND DELIVERED IT THE END OF APRIL.
`Q
`AND, MR. HAEHNICHEN, CAN YOU TURN TO PX1008 IN YOUR BINDER?
`A
`YES.
`Q
`AND WHAT IS THIS EMAIL INDICATING?
`A
`THIS EMAIL FROM MILAN SHOWS THAT WE FINALLY MET THE LEGAL
`HURDLES HE'S DESCRIBING, AND WE WERE ABLE TO RELEASE OUR 4/15
`CODE ON 4/27 HERE.
`Q
`AND DO YOU SEE A REFERENCE TO FLASHLESS CHANGES
`INCORPORATED INSIDE OF IT?
`A
`YES.
`Q
`WHAT IS THAT REFERRING TO?
`A
`THAT'S ALL THE CHANGES NECESSARY TO BOOT THE MODEM
`FLASHLESS.
`Q
`AND A LITTLE BIT LOWER, DO YOU SEE A REFERENCE TO BOOT
`SAHARA.C?
`A
`YES.
`Q
`WHAT IS THAT REFERRING TO?
`A
`THAT'S THE MODIFIED SOURCE CODE WITH THE SAHARA PROTOCOL
`IMPLEMENTED.
`Q
`AND DID YOU DOCUMENT THE SAHARA PROTOCOL FOR APPLE?
`A
`WE DID, IN DETAIL.
`Q
`AND WAS THAT INCLUDED IN THIS APRIL 27 RELEASE?
`A
`YEAH. IT WAS PART OF THE SAME RELEASE, THE PROTOCOL
`SPECIFICATION FOR SAHARA.
`
`

`

`230
`
`Q
`
`NOW, MR. HAEHNICHEN, WHAT WAS APPLE'S REACTION UPON
`
`RECEIVING THIS SAHARA IMPLEMENTATION?
`
`A
`
`THEY GOT IT, THEY TRIED IT, THEY WERE VERY HAPPY.
`
`
`IT MET
`
`THEIR REQUIREMENT OF ONE SECOND, AND IT WAS CLEAR THEN THEY
`
`COULD ACTUALLY LAUNCH A PHONE WITHOUT FLASH ON THE MODEM.
`
`Q
`
`AND WHAT,
`
`IF ANY, PHONES DID APPLE ULTIMATELY USE THE
`
`SAHARA PROTOCOL IN?
`
`A
`
`THEY USED IT ON THE IPHONE 4S AND EVERY SUBSEQUENT PHONE
`
`AFTER THAT FROM QUALCOMM.
`
`Q
`
`ONE LAST QUESTION, MR. HAEHNICHEN. WHAT DID AN INDIVIDUAL
`
`NAMED ARJUNA SIVA CONTRIBUTE TO THE SAHARA PROTOCOL ON THE '949
`
`PATENT?
`
`A
`
`NOTHING AT ALL.
`
`MR. HAMSTRA:
`
`YOUR HONOR,
`
`I'LL PASS THE WITNESS.
`
`THANK YOU, MR. HAEHNICHEN.
`
`THE WITNESS:
`
`THANK YOU, MR. HAMSTRA.
`
`CROSS-EXAMINATION
`
`BY MR. MUELLER:
`
`Q
`
`A
`
`Q
`
`GOOD MORNING, MR. HAEHNICHEN.
`
`GOOD MORNING.
`
`MY NAME IS JOE MUELLER, AND I WOULD LIKE TO ASK YOU A FEW
`
`QUESTIONS,
`
`IF I COULD?
`
`A
`
`Q
`
`PLEASE.
`
`NOW, MR. HAEHNICHEN, TO START, YOU LOOKED BRIEFLY AT THE
`
`'949 PATENT AT THE BEGINNING OF YOUR EXAMINATION, CORRECT?
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`2O
`
`21
`
`22
`
`23
`
`24
`
`25
`
` 230
`
` 1
` 2
` 3
` 4
` 5
` 6
` 7
` 8
` 9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`NOW, MR. HAEHNICHEN, WHAT WAS APPLE'S REACTION UPON
`Q
`RECEIVING THIS SAHARA IMPLEMENTATION?
`A
`THEY GOT IT, THEY TRIED IT, THEY WERE VERY HAPPY. IT MET
`THEIR REQUIREMENT OF ONE SECOND, AND IT WAS CLEAR THEN THEY
`COULD ACTUALLY LAUNCH A PHONE WITHOUT FLASH ON THE MODEM.
`Q
`AND WHAT, IF ANY, PHONES DID APPLE ULTIMATELY USE THE
`SAHARA PROTOCOL IN?
`A
`THEY USED IT ON THE IPHONE 4S AND EVERY SUBSEQUENT PHONE
`AFTER THAT FROM QUALCOMM.
`Q
`ONE LAST QUESTION, MR. HAEHNICHEN. WHAT DID AN INDIVIDUAL
`NAMED ARJUNA SIVA CONTRIBUTE TO THE SAHARA PROTOCOL ON THE '949
`PATENT?
`A
`NOTHING AT ALL.
`MR. HAMSTRA: YOUR HONOR, I'LL PASS THE WITNESS.
`THANK YOU, MR. HAEHNICHEN.
`THE WITNESS: THANK YOU, MR. HAMSTRA.
`CROSS-EXAMINATION
`
`BY MR. MUELLER:
`Q
`GOOD MORNING, MR. HAEHNICHEN.
`A
`GOOD MORNING.
`Q
`MY NAME IS JOE MUELLER, AND I WOULD LIKE TO ASK YOU A FEW
`QUESTIONS, IF I COULD?
`A
`PLEASE.
`Q
`NOW, MR. HAEHNICHEN, TO START, YOU LOOKED BRIEFLY AT THE
`'949 PATENT AT THE BEGINNING OF YOUR EXAMINATION, CORRECT?
`
`

`

`231
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`A
`
`Q
`
`A
`
`Q
`
`THAT'S RIGHT.
`
`AND YOU HAVE SOME EXPERIENCE WITH PATENTS OVER THE YEARS?
`
`THE FILING OF THEM, YES.
`
`AND YOU HAVE SEEN ISSUED PATENTS BEFORE AND YOU UNDERSTAND
`
`THAT THE KEY SECTION IN PATENTS IS CALLED THE CLAIMS AT THE END
`
`OF THE PATENT?
`
`A
`
`Q
`
`THAT'S WHAT I'M TOLD, YES.
`
`AND THE CLAIM MARKS UP THE BOUNDARIES OF THE PROPERTY RIGHT
`
`FOR ANY PARTICULAR PATENT, CORRECT?
`
`A
`
`Q
`
`I BELIEVE SO.
`
`IT'S LIKE THE DEED TO LAND.
`
`IT TELLS YOU WHERE THE FENCE
`
`LINE IS?
`
`A
`
`Q
`
`OKAY.
`
`I'M NOT AN EXPERT IN THIS.
`
`FAIR ENOUGH.
`
`BUT YOU UNDERSTAND CLAIMS ARE THE KEY
`
`PORTION, RIGHT?
`
`A
`
`Q
`
`OKAY.
`
`YOU WERE NOT SHOWN ANY OF THE CLAIMS OF THE '949 PATENT,
`
`CORRECT?
`
`A
`
`Q
`
`I'M SORRY?
`
`YOU WERE NOT SHOWN ANY OF THE CLAIMS OF THE '949 PATENT,
`
`CORRECT?
`
`A
`
`Q
`
`NO, THAT'S NOT TRUE.
`
`I'VE SEEN THEM.
`
`SIR,
`
`IN EXAMINATION JUST NOW, YOU WERE NOT SHOWN ANY OF THE
`
`'949 CLAIMS?
`
`25
`
`A
`
`I'M SORRY? YES,
`
`I'VE SEEN THEM.
`
` 231
`
` 1
` 2
` 3
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` 8
` 9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`THAT'S RIGHT.
`A
`AND YOU HAVE SOME EXPERIENCE WITH PATENTS OVER THE YEARS?
`Q
`THE FILING OF THEM, YES.
`A
`AND YOU HAVE SEEN ISSUED PATENTS BEFORE AND YOU UNDERSTAND
`Q
`THAT THE KEY SECTION IN PATENTS IS CALLED THE CLAIMS AT THE END
`OF THE PATENT?
`A
`THAT'S WHAT I'M TOLD, YES.
`Q
`AND THE CLAIM MARKS UP THE BOUNDARIES OF THE PROPERTY RIGHT
`FOR ANY PARTICULAR PATENT, CORRECT?
`A
`I BELIEVE SO.
`Q
`IT'S LIKE THE DEED TO LAND. IT TELLS YOU WHERE THE FENCE
`LINE IS?
`A
`OKAY. I'M NOT AN EXPERT IN THIS.
`Q
`FAIR ENOUGH. BUT YOU UNDERSTAND CLAIMS ARE THE KEY
`PORTION, RIGHT?
`A
`OKAY.
`Q
`YOU WERE NOT SHOWN ANY OF THE CLAIMS OF THE '949 PATENT,
`CORRECT?
`A
`I'M SORRY?
`Q
`YOU WERE NOT SHOWN ANY OF THE CLAIMS OF THE '949 PATENT,
`CORRECT?
`A
`NO, THAT'S NOT TRUE. I'VE SEEN THEM.
`Q
`SIR, IN EXAMINATION JUST NOW, YOU WERE NOT SHOWN ANY OF THE
`'949 CLAIMS?
`A
`I'M SORRY? YES, I'VE SEEN THEM.
`
`

`

`232
`
`Q
`
`A
`
`Q
`
`SIR,
`
`IN THE EXAMINATION JUST NOW ——
`
`OH, AS PART OF THIS.
`
`YOU'RE CORRECT, YES.
`
`YOU UNDERSTAND THE LADIES AND GENTLEMEN OF THE JURY ARE
`
`GOING TO HAVE TO FOCUS ON THE CLAIMS?
`
`A
`
`Q
`
`OKAY.
`
`YOU UNDERSTAND THE LADIES AND GENTLEMEN OF THE JURY ARE
`
`GOING TO HAVE TO LOOK AT THOSE CLAIMS TO DETERMINE IF EVERY
`
`WORD IS USED BY THE APPLE PRODUCTS AT ISSUE IN THIS CASE?
`
`A
`
`Q
`
`OKAY.
`
`YOU DIDN'T LOOK AT ANY OF THOSE WORDS DURING YOUR
`
`EXAMINATION JUST NOW?
`
`A
`
`Q
`
`NOT THIS MORNING, NO.
`
`YOU'RE THE THIRD WITNESS IN THE CASE AND NOT A SINGLE
`
`QUALCOMM WITNESS HAS LOOKED AT THE WORDS IN THE CLAIMS IN THE
`
`PATENTS DURING AN EXAMINATION BY QUALCOMM?
`
`A
`
`Q
`
`I DIDN'T SEE THE OTHER TESTIMONIES.
`
`NOW YOU ARE NOT HERE TO SAY THAT APPLE INFRINGES?
`
`YOU HAVE
`
`NO OPINION ON THAT ISSUE, CORRECT?
`
`A
`
`Q
`
`CORRECT.
`
`AND,
`
`IN FACT, YOU HAVE NOT STUDIED THE IPHONES AT ISSUE IN
`
`THIS CASE?
`
`A
`
`Q
`
`I HAVE NOT STUDIED THEM.
`
`AND SO THE ISSUE OF WHETHER APPLE ACTUALLY INFRINGES,
`
`YOU'RE NOT HERE TO ASSIST THE LADIES AND GENTLEMEN OF THE JURY,
`
`CORRECT?
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`2O
`
`21
`
`22
`
`23
`
`24
`
`25
`
` 232
`
` 1
` 2
` 3
` 4
` 5
` 6
` 7
` 8
` 9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`SIR, IN THE EXAMINATION JUST NOW --
`Q
`OH, AS PART OF THIS. YOU'RE CORRECT, YES.
`A
`YOU UNDERSTAND THE LADIES AND GENTLEMEN OF THE JURY ARE
`Q
`GOING TO HAVE TO FOCUS ON THE CLAIMS?
`A
`OKAY.
`Q
`YOU UNDERSTAND THE LADIES AND GENTLEMEN OF THE JURY ARE
`GOING TO HAVE TO LOOK AT THOSE CLAIMS TO DETERMINE IF EVERY
`WORD IS USED BY THE APPLE PRODUCTS AT ISSUE IN THIS CASE?
`A
`OKAY.
`Q
`YOU DIDN'T LOOK AT ANY OF THOSE WORDS DURING YOUR
`EXAMINATION JUST NOW?
`A
`NOT THIS MORNING, NO.
`Q
`YOU'RE THE THIRD WITNESS IN THE CASE AND NOT A SINGLE
`QUALCOMM WITNESS HAS LOOKED AT THE WORDS IN THE CLAIMS IN THE
`PATENTS DURING AN EXAMINATION BY QUALCOMM?
`A
`I DIDN'T SEE THE OTHER TESTIMONIES.
`Q
`NOW YOU ARE NOT HERE TO SAY THAT APPLE INFRINGES? YOU HAVE
`NO OPINION ON THAT ISSUE, CORRECT?
`A
`CORRECT.
`Q
`AND, IN FACT, YOU HAVE NOT STUDIED THE IPHONES AT ISSUE IN
`THIS CASE?
`A
`I HAVE NOT STUDIED THEM.
`Q
`AND SO THE ISSUE OF WHETHER APPLE ACTUALLY INFRINGES,
`YOU'RE NOT HERE TO ASSIST THE LADIES AND GENTLEMEN OF THE JURY,
`CORRECT?
`
`

`

`233
`
`A
`
`Q
`
`A
`
`NO.
`
`I'M HERE TO EXPLAIN THE PATENT.
`
`SIR, YOU'RE NOT HERE ON THE ISSUE OF INFRINGEMENT, CORRECT?
`
`I DON'T KNOW HOW TO ANSWER THAT.
`
`I'M SORRY.
`
`I THOUGHT
`
`THAT WAS THE PURPOSE.
`
`Q
`
`A
`
`Q
`
`YOU HAVE NOT DONE AN ANALYSIS OF INFRINGEMENT, CORRECT?
`
`THAT'S CORRECT.
`
`SO LET'S FOCUS ON WHAT YOU ARE HERE TO TALK ABOUT, WHICH IS
`
`WHERE THE '949 PATENT CAME FROM, RIGHT?
`
`A
`
`Q
`
`A
`
`Q
`
`OKAY.
`
`IS THAT RIGHT, SIR?
`
`YES, THAT'S RIGHT.
`
`
`
`NOW YOU SAY YOU CONCEIVED OF THE IDEA FOR THE '949 PATENT
`
`IN MID—MARCH OF 2010.
`
`DO I HAVE THAT RIGHT?
`
`A
`
`Q
`
`A
`
`THAT'S RIGHT.
`
`WITH SOME OTHER FOLKS AT QUALCOMM?
`
`YES.
`
`MR. MUELLER:
`
`YOUR HONOR, MAY I A