QUALCOMM EXHIBIT 2005
`Intel v. Qualcomm
`IPR2018-01334
`
`1135
`
`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 11, 2019
`________________________________)
`AND RELATED COUNTERCLAIMS )
`________________________________)
`
`))
`
`)
`
`REPORTER'S TRANSCRIPT OF PROCEEDINGS
`JURY TRIAL, DAY 6, VOLUME 6B
`PAGES 1135-1278
`
`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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`

`

` 1136
`
`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
` SCOTT WATSON
` 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
`
` WILMER CUTLER PICKERING HALE & DORR LLP
` JOSEPH J. MUELLER
` SARAH FRAZIER
` CLAIRE SPECHT
` 60 STATE STREET
` BOSTON, MASSACHUSETTS 02109
`
` NINA S. TALLON
` 1875 PENNSYLVANIA AVENUE NORTHWEST
` WASHINGTON, DC 20006
` JOSEPH FRANCIS HAAG
` 950 PAGE MILL ROAD
` PALO ALTO, CALIFORNIA 94304
`
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`1137
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`SAN DIEGO,CALIFORNIA; MONDAY, MARCH 11, 2019; 11:00 A.M.
`
`THE COURT: WE'RE BACK ON THE RECORD WITH ALL PRESENT.
`
`WE'LL RESUME THE CROSS—EXAMINATION, MR. PAK.
`
`MR. PAK:
`
`YES, MAY I RESUME?
`
`THE COURT: YES.
`
`MR. PAK:
`
`YOUR HONOR, CAN I APPROACH AND PUT UP A
`
`DEMONSTRATIVE?
`
`THE COURT: YES.
`
`MR. PAK:
`
`YOUR HONOR,
`
`I'VE PUT ON THE BOARD THERE
`
`PDX42.3, WHICH IS A PLAINTIFF DEMONSTRATIVE.
`
`BY MR. PAK:
`
`Q
`
`A
`
`Q
`
`MR. SIVA, DO YOU SEE THE DEMONSTRATIVE IN FRONT OF YOU?
`
`YEAH.
`
`ON THE LEFT—HAND SIDE,
`
`I REPRODUCED THE TESTIMONY WHEN YOU
`
`WERE TESTIFYING AS APPLE'S WITNESS ON THE GOBI PROTOCOL.
`
`DO
`
`YOU SEE THAT?
`
`MS. BROOKS:
`
`YOUR HONOR,
`
`IT'S SO FAR AWAY.
`
`COULD WE
`
`HAVE JUST THE CITATION?
`
`THE COURT: YES.
`
`MR. PAK:
`
`ARJUNA SIVA DEPOSITION AT PAGE 116, LINE 9
`
`THROUGH 17 ON THE LEFT—HAND SIDE.
`
`MS. BROOKS:
`
`THANK YOU.
`
`BY MR. PAK:
`
`Q
`
`DO YOU SEE THAT IS YOUR SWORN TESTIMONY ABOUT THE GOBI
`
`PROTOCOL?
`
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` SAN DIEGO,CALIFORNIA; MONDAY, MARCH 11, 2019; 11:00 A.M.
`THE COURT: WE'RE BACK ON THE RECORD WITH ALL PRESENT.
`WE'LL RESUME THE CROSS-EXAMINATION, MR. PAK.
`MR. PAK: YES, MAY I RESUME?
`THE COURT: YES.
`MR. PAK: YOUR HONOR, CAN I APPROACH AND PUT UP A
`DEMONSTRATIVE?
`THE COURT: YES.
`MR. PAK: YOUR HONOR, I'VE PUT ON THE BOARD THERE
`PDX42.3, WHICH IS A PLAINTIFF DEMONSTRATIVE.
`BY MR. PAK:
`Q
`MR. SIVA, DO YOU SEE THE DEMONSTRATIVE IN FRONT OF YOU?
`A
`YEAH.
`Q
`ON THE LEFT-HAND SIDE, I REPRODUCED THE TESTIMONY WHEN YOU
`WERE TESTIFYING AS APPLE'S WITNESS ON THE GOBI PROTOCOL. DO
`YOU SEE THAT?
`MS. BROOKS: YOUR HONOR, IT'S SO FAR AWAY. COULD WE
`HAVE JUST THE CITATION?
`THE COURT: YES.
`MR. PAK: ARJUNA SIVA DEPOSITION AT PAGE 116, LINE 9
`THROUGH 17 ON THE LEFT-HAND SIDE.
`MS. BROOKS: THANK YOU.
`BY MR. PAK:
`Q
`DO YOU SEE THAT IS YOUR SWORN TESTIMONY ABOUT THE GOBI
`PROTOCOL?
`
`

`

`1138
`
`YES.
`A
`AND YOU STAND BY THAT SWORN TESTIMONY, RIGHT, SIR?
`Q
`TO THE EXTENT I WAS TALKING ABOUT MY UNDERSTANDING OF THE
`A
`GOBI PROTOCOL AT THE TIME, I DO.
`Q
`AND TO THE RIGHT, I'VE REPRODUCED YOUR UNDERSTANDING OF THE
`FLASHLESS BOOT INVENTION THAT YOU BELIEVE IS IN THE '949
`PATENT. AND THE THIS IS AT PAGE 77, LINE 14 THROUGH 19. DO
`YOU SEE THAT TESTIMONY?
`MS. BROOKS: OBJECTION. MISCHARACTERIZES THE
`TESTIMONY.
`THE COURT: OVERRULED.
`YOU CAN CLARIFY ON REDIRECT, IF NECESSARY.
`YOU CAN ANSWER.
`THE WITNESS: YEAH. SO TO PROVIDE A BETTER CONTEXT,
`I'M TALKING ABOUT MY DESIGN HERE, WHERE TO BE ABLE TO LOAD IN
`PLACE, YOU COULDN'T HAVE HEADERS AND, HENCE, WHY I WAS EVEN
`SAYING THAT LIKE THE STANDARD. MY UNDERSTANDING OF THE
`STANDARD OF GOBI WOULDN'T FIT THAT.
`BY MR. PAK:
`Q
`SO THAT'S THE TESTIMONY THAT YOU'VE STATED IN YOUR
`DEPOSITION AT PAGE 77, LINES 14 THROUGH 19, CORRECT?
`A
`YES.
`Q
`YOU STAND BY THAT TESTIMONY AS WELL, RIGHT?
`A
`SO IN THE CONTEXT OF THE PATENT, OR YOU MEAN IN THE CONTEXT
`OF MY --
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`

`1139
`
`Q
`
`A
`
`YOUR DESIGN.
`
`SO IN THE CONTEXT OF MY DESIGN, YES, THERE HAD TO BE NO
`
`HEADERS IN THE ACTUAL LOADING OF THE SEGMENTS.
`
`Q
`
`AND JUST TO BE —— BECAUSE WE'VE HEARD ABOUT SOMETHING
`
`CALLED IMAGE HEADERS, YOU'RE NOT TALKING ABOUT IMAGE HEADERS IN
`
`EITHER OF THESE TWO PIECES OF TESTIMONY, CORRECT?
`
`A
`
`Q
`
`A
`
`Q
`
`A
`
`Q
`
`I AM NOT.
`
`YOU'RE TALKING ABOUT HEADERS ABOVE THE USB PROTOCOL, RIGHT?
`
`YEAH.
`
`AND THOSE WOULD BE SOMETIMES CALLED "PACKET HEADERS"?
`
`YES.
`
`OKAY.
`
`AND, SIR, SO THE GOBI PROTOCOL AS YOU UNDERSTOOD IT
`
`WOULD BE INCOMPATIBLE WITH WHAT YOU BELIEVE IS YOUR DESIGN FOR
`
`THE FLASHLESS BOOT, CORRECT?
`
`A
`
`Q
`
`THAT IS NOT CORRECT.
`
`YOU SAY:
`
`GOBI PROTOCOL USES HEADERS ABOVE USB.
`
`YOUR
`
`DESIGN, NO HEADERS ABOVE USB.
`
`THAT'S WHAT YOU TESTIFIED UNDER
`
`OATH, CORRECT?
`
`A
`
`WHAT I SAID IS MY UNDERSTANDING OF THE GOBI PROTOCOL HAD
`
`HEADERS AND, THEREFORE,
`
`IT WOULDN'T HAVE —— IT WOULDN'T HAVE
`
`BEEN COMPATIBLE WITH MY DESIGN.
`
`Q
`
`OKAY.
`
`I THINK YOU USED THE WORD "APPLES AND ORANGES"
`
`IN
`
`YOUR DIRECT EXAMINATION?
`
`A
`
`THE GOBI PROTOCOL OPERATES AT THE PROTOCOL LAYER; WHEREAS,
`
`MY DESIGN WAS AT SYSTEM LAYER, THE FLOW OF THINGS.
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`YOUR DESIGN.
`Q
`SO IN THE CONTEXT OF MY DESIGN, YES, THERE HAD TO BE NO
`A
`HEADERS IN THE ACTUAL LOADING OF THE SEGMENTS.
`Q
`AND JUST TO BE -- BECAUSE WE'VE HEARD ABOUT SOMETHING
`CALLED IMAGE HEADERS, YOU'RE NOT TALKING ABOUT IMAGE HEADERS IN
`EITHER OF THESE TWO PIECES OF TESTIMONY, CORRECT?
`A
`I AM NOT.
`Q
`YOU'RE TALKING ABOUT HEADERS ABOVE THE USB PROTOCOL, RIGHT?
`A
`YEAH.
`Q
`AND THOSE WOULD BE SOMETIMES CALLED "PACKET HEADERS"?
`A
`YES.
`Q
`OKAY. AND, SIR, SO THE GOBI PROTOCOL AS YOU UNDERSTOOD IT
`WOULD BE INCOMPATIBLE WITH WHAT YOU BELIEVE IS YOUR DESIGN FOR
`THE FLASHLESS BOOT, CORRECT?
`A
`THAT IS NOT CORRECT.
`Q
`YOU SAY: GOBI PROTOCOL USES HEADERS ABOVE USB. YOUR
`DESIGN, NO HEADERS ABOVE USB. THAT'S WHAT YOU TESTIFIED UNDER
`OATH, CORRECT?
`A
`WHAT I SAID IS MY UNDERSTANDING OF THE GOBI PROTOCOL HAD
`HEADERS AND, THEREFORE, IT WOULDN'T HAVE -- IT WOULDN'T HAVE
`BEEN COMPATIBLE WITH MY DESIGN.
`Q
`OKAY. I THINK YOU USED THE WORD "APPLES AND ORANGES" IN
`YOUR DIRECT EXAMINATION?
`A
`THE GOBI PROTOCOL OPERATES AT THE PROTOCOL LAYER; WHEREAS,
`MY DESIGN WAS AT SYSTEM LAYER, THE FLOW OF THINGS.
`
`

`

`1140
`
`Q
`
`JUST TO BE CLEAR, AS YOU UNDERSTOOD THE GOBI PROTOCOL, THAT
`
`WOULD BE INCOMPATIBLE AS IS WITH WHAT YOU WERE DESCRIBING AS
`
`YOUR DESIGN, CORRECT?
`
`A
`
`AT LEAST MY LIMITED UNDERSTANDING OF IT, YES.
`
`MR. PAK:
`
`THAT'S IT, YOUR HONOR.
`
`PASS THE WITNESS.
`
`THE COURT:
`
`REDIRECT.
`
`REDIRECT EXAMINATION
`
`BY MS. BROOKS:
`
`Q
`
`JUST A FEW QUESTIONS, MR. SIVA,
`
`I PROMISE.
`
`DO YOU REMEMBER
`
`ON CROSS—EXAMINATION, COUNSEL SHOWED A LITTLE DEPOSITION
`
`CLIP —— LET ME BACK UP.
`
`YOU TESTIFIED TODAY THAT YOU HADN'T READ THE '949 PATENT OR
`
`THE CLAIMS;
`
`IS THAT RIGHT?
`
`A
`
`Q
`
`I HAVE NOT.
`
`AND THEN DO YOU REMEMBER COUNSEL SHOWING YOU A DEPOSITION
`
`CLIP WHERE IT KIND OF SOUNDED LIKE YOU WERE TALKING ABOUT THE
`
`
`
`'949 PATENT?
`
`DO YOU REMEMBER THAT CLIP THAT WAS SHOWN TO YOU?
`
`A
`
`Q
`
`YES.
`
`SO I WANT TO PUT THAT CLIP IN CONTEXT.
`
`SO MR. LEE,
`
`IF WE
`
`COULD GO TO PAGE 219 OF MR. SIVA'S DEPOSITION, AND STARTING AT
`
`LINE 8.
`
`SO THIS IS A QUESTION AND ANSWER, MR. SIVA, THAT TOOK PLACE
`
`DURING YOUR DEPOSITION.
`
`AND THE PERSON ASKING YOU THE QUESTION
`
`SAID:
`
`I'LL REPRESENT TO YOU THAT EXHIBIT 29 IS A LEGAL BRIEF
`
`THAT QUALCOMM SUBMITTED IN THIS CASE.
`
`DO YOU HAVE THAT IN
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`JUST TO BE CLEAR, AS YOU UNDERSTOOD THE GOBI PROTOCOL, THAT
`Q
`WOULD BE INCOMPATIBLE AS IS WITH WHAT YOU WERE DESCRIBING AS
`YOUR DESIGN, CORRECT?
`A
`AT LEAST MY LIMITED UNDERSTANDING OF IT, YES.
`MR. PAK: THAT'S IT, YOUR HONOR. PASS THE WITNESS.
`THE COURT: REDIRECT.
`REDIRECT EXAMINATION
`
`BY MS. BROOKS:
`Q
`JUST A FEW QUESTIONS, MR. SIVA, I PROMISE. DO YOU REMEMBER
`ON CROSS-EXAMINATION, COUNSEL SHOWED A LITTLE DEPOSITION
`CLIP -- LET ME BACK UP.
`YOU TESTIFIED TODAY THAT YOU HADN'T READ THE '949 PATENT OR
`THE CLAIMS; IS THAT RIGHT?
`A
`I HAVE NOT.
`Q
`AND THEN DO YOU REMEMBER COUNSEL SHOWING YOU A DEPOSITION
`CLIP WHERE IT KIND OF SOUNDED LIKE YOU WERE TALKING ABOUT THE
`'949 PATENT? DO YOU REMEMBER THAT CLIP THAT WAS SHOWN TO YOU?
`A
`YES.
`Q
`SO I WANT TO PUT THAT CLIP IN CONTEXT. SO MR. LEE, IF WE
`COULD GO TO PAGE 219 OF MR. SIVA'S DEPOSITION, AND STARTING AT
`LINE 8.
`SO THIS IS A QUESTION AND ANSWER, MR. SIVA, THAT TOOK PLACE
`DURING YOUR DEPOSITION. AND THE PERSON ASKING YOU THE QUESTION
`SAID: I'LL REPRESENT TO YOU THAT EXHIBIT 29 IS A LEGAL BRIEF
`THAT QUALCOMM SUBMITTED IN THIS CASE. DO YOU HAVE THAT IN
`
`

`

`1141
`
`MIND?
`
`AND WHAT WAS YOUR ANSWER?
`
`I SAID:
`
`OKAY.
`
`ALL RIGHT.
`
`AND THEN QUESTIONER SAID:
`
`IF YOU CAN TURN TO
`
`A
`
`Q
`
`PAGE 54 OF THE EXHIBIT —— EXHIBIT 29.
`
`DO YOU SEE THAT?
`
`AND WHAT WAS YOUR ANSWER?
`
`I SAID: YES.
`
`AND THEN THE QUESTION WAS:
`
`AND DO YOU SEE THE HEADING U.S.
`
`A
`
`Q
`
`PATENT NUMBER 8,838,949?
`
`AND YOUR ANSWER WAS?
`
`A
`
`Q
`
`"YES."
`
`THEN IF WE GO TO PAGE 220, STARTING AT LINE 1, THE
`
`QUESTIONER ASKS YOU IN THAT LEGAL BRIEF TO TURN TO PAGE 56.
`
`DO
`
`YOU SEE THAT?
`
`AND IT SAYS:
`
`TELL ME WHEN YOU'RE THERE.
`
`A
`
`Q
`
`I SEE THAT.
`
`AND THEN THE QUESTIONER SAYS:
`
`DO YOU SEE IN THE MIDDLE OF
`
`THE PAGE THERE'S A PARAGRAPH THAT SAYS —— STARTS WITH QUOTE
`
`"QUALCOMM SOLUTION" UNQUOTE.
`
`AND YOU'RE ASKED:
`
`DO YOU SEE THAT.
`
`AND YOU SAID?
`
`I SAID:
`
`I DO SEE THAT PARAGRAPH.
`
`ALL RIGHT.
`
`AND THEN THE QUESTIONER, READING FROM
`
`A
`
`Q
`
`QUALCOMM'S LEGAL BRIEF SAYS THAT PARAGRAPH SAYS QUOTE:
`
`"QUALCOMM'S SOLUTION WAS TO TRANSFER THE IMAGE HEADER FIRST,
`
`SEPARATELY FROM THE REST OF THE IMAGE.
`
`THE IMAGE HEADER
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`MIND?
`AND WHAT WAS YOUR ANSWER?
`I SAID: OKAY.
`A
`ALL RIGHT. AND THEN QUESTIONER SAID: IF YOU CAN TURN TO
`Q
`PAGE 54 OF THE EXHIBIT -- EXHIBIT 29. DO YOU SEE THAT?
`AND WHAT WAS YOUR ANSWER?
`I SAID: YES.
`A
`AND THEN THE QUESTION WAS: AND DO YOU SEE THE HEADING U.S.
`Q
`PATENT NUMBER 8,838,949?
`AND YOUR ANSWER WAS?
`"YES."
`A
`THEN IF WE GO TO PAGE 220, STARTING AT LINE 1, THE
`Q
`QUESTIONER ASKS YOU IN THAT LEGAL BRIEF TO TURN TO PAGE 56. DO
`YOU SEE THAT? AND IT SAYS: TELL ME WHEN YOU'RE THERE.
`A
`I SEE THAT.
`Q
`AND THEN THE QUESTIONER SAYS: DO YOU SEE IN THE MIDDLE OF
`THE PAGE THERE'S A PARAGRAPH THAT SAYS -- STARTS WITH QUOTE
`"QUALCOMM SOLUTION" UNQUOTE.
`AND YOU'RE ASKED: DO YOU SEE THAT.
`AND YOU SAID?
`I SAID: I DO SEE THAT PARAGRAPH.
`A
`ALL RIGHT. AND THEN THE QUESTIONER, READING FROM
`Q
`QUALCOMM'S LEGAL BRIEF SAYS THAT PARAGRAPH SAYS QUOTE:
`"QUALCOMM'S SOLUTION WAS TO TRANSFER THE IMAGE HEADER FIRST,
`SEPARATELY FROM THE REST OF THE IMAGE. THE IMAGE HEADER
`
`

`

`1142
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`SPECIFIES THE FINAL DESTINATION OF EACH DATA SEGMENT.
`
`THE
`
`SECONDARY PROCESSOR THEN USES THE IMAGE HEADER TO REQUEST EACH
`
`DATA SEGMENT, TRANSFERRING EACH DATA SEGMENT DIRECTLY FROM A
`
`HARDWARE BUFFER INTO ITS FINAL DESTINATION AND MEMORY.
`
`THIS
`
`APPROACH AVOIDS INTERMEDIATE COPIES,
`
`IMPROVING BOOT
`
`PERFORMANCE."
`
`AND YOU'RE ASKED:
`
`DO YOU SEE THAT?
`
`AND WHAT DO YOU SAY?
`
`"I SEE THAT PARAGRAPH."
`
`AND THEN YOU ARE ASKED:
`
`DO YOU AGREE THAT WAS QUALCOMM'S
`
`A
`
`Q
`
`SOLUTION?
`
`AND WHAT DID YOU ANSWER?
`
`I SAID:
`
`I DO NOT AGREE.
`
`AND THEN YOU WERE ASKED: WHOSE SOLUTION WAS IT?
`
`AND WE'LL
`
`A
`
`Q
`
`GO TO THE NEXT PAGE NOW. WHAT WAS YOUR ANSWER?
`
`A
`
`Q
`
`I SAID:
`
`IT WAS MINE.
`
`AND SO IS IT STILL YOUR TESTIMONY TODAY, MR. SIVA, THAT
`
`WHEN QUALCOMM CLAIMS QUOTE:
`
`THEIR SOLUTION WAS TO TRANSFER THE
`
`IMAGE HEADER FIRST, SEPARATELY FROM THE REST OF THE IMAGE, THE
`
`IMAGE HEADER SPECIFIES THE FINAL DESTINATION OF EACH DATA
`
`SEGMENT, THE SECONDARY PROCESSOR THEN USES THE IMAGE HEADER TO
`
`REQUEST EACH DATA SEGMENT, TRANSFERRING EACH DATA SEGMENT
`
`DIRECTLY FROM A HARDWARE BUFFER INTO ITS FINAL DESTINATION AND
`
`MEMORY, THEREBY, AVOIDING INTERMEDIATE COPIES AND IMPROVING
`
`BOOT PERFORMANCE,
`
`IS QUALCOMM ACCURATELY DESCRIBING WHAT THEIR
`
`INVENTION WAS WHEN THEY SAY THAT?
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`SPECIFIES THE FINAL DESTINATION OF EACH DATA SEGMENT. THE
`SECONDARY PROCESSOR THEN USES THE IMAGE HEADER TO REQUEST EACH
`DATA SEGMENT, TRANSFERRING EACH DATA SEGMENT DIRECTLY FROM A
`HARDWARE BUFFER INTO ITS FINAL DESTINATION AND MEMORY. THIS
`APPROACH AVOIDS INTERMEDIATE COPIES, IMPROVING BOOT
`PERFORMANCE." AND YOU'RE ASKED: DO YOU SEE THAT?
`AND WHAT DO YOU SAY?
`"I SEE THAT PARAGRAPH."
`A
`AND THEN YOU ARE ASKED: DO YOU AGREE THAT WAS QUALCOMM'S
`Q
`SOLUTION?
`AND WHAT DID YOU ANSWER?
`I SAID: I DO NOT AGREE.
`A
`AND THEN YOU WERE ASKED: WHOSE SOLUTION WAS IT? AND WE'LL
`Q
`GO TO THE NEXT PAGE NOW. WHAT WAS YOUR ANSWER?
`A
`I SAID: IT WAS MINE.
`Q
`AND SO IS IT STILL YOUR TESTIMONY TODAY, MR. SIVA, THAT
`WHEN QUALCOMM CLAIMS QUOTE: THEIR SOLUTION WAS TO TRANSFER THE
`IMAGE HEADER FIRST, SEPARATELY FROM THE REST OF THE IMAGE, THE
`IMAGE HEADER SPECIFIES THE FINAL DESTINATION OF EACH DATA
`SEGMENT, THE SECONDARY PROCESSOR THEN USES THE IMAGE HEADER TO
`REQUEST EACH DATA SEGMENT, TRANSFERRING EACH DATA SEGMENT
`DIRECTLY FROM A HARDWARE BUFFER INTO ITS FINAL DESTINATION AND
`MEMORY, THEREBY, AVOIDING INTERMEDIATE COPIES AND IMPROVING
`BOOT PERFORMANCE, IS QUALCOMM ACCURATELY DESCRIBING WHAT THEIR
`INVENTION WAS WHEN THEY SAY THAT?
`
`

`

`1143
`
`A
`
`SO IN THIS CONTEXT OF JUST THAT PARAGRAPH, THAT LOOKS A LOT
`
`LIKE MY IDEA.
`
`I CAN'T SAY WHAT THAT -- LIKE IN THE CONTEXT
`
`WITH THE GREATER PATENT.
`
`Q
`
`BUT IN THE CONTEXT -- IF WE CAN GO BACK UP TO LINES 9
`
`THROUGH 18.
`
`IN THE CONTEXT OF QUALCOMM'S REPRESENTATIONS IN A
`
`LEGAL BRIEF THAT THIS WAS THEIR SOLUTION,
`
`IN THIS CONTEXT, DO
`
`YOU AGREE THAT THIS WAS THEIR SOLUTION, OR WHOSE SOLUTION WAS
`
`IT?
`
`A
`
`Q
`
`I DISAGREE,
`
`IN THAT I THINK IT WAS MY SOLUTION.
`
`THEN TO FINISH UP THIS QUESTIONING.
`
`IF WE CAN GO TO PAGE
`
`221 WHERE WE HAD YOU SAY "IT WAS MINE."
`
`YOU WERE THEN ASKED: WHAT WAS YOUR REACTION WHEN YOU
`
`LEARNED THAT QUALCOMM HAD FILED A PATENT IN WHICH IT CLAIMS
`
`THAT THIS -- MEANING WHAT WE JUST READ -- WAS ITS SOLUTION.
`
`AND WHAT WAS YOUR ANSWER?
`
`THAT I WAS BOTH SURPRISED AND UPSET.
`
`AND THEN YOU WERE ASKED:
`
`WHY WERE YOU UPSET?
`
`AND WHAT WAS YOUR ANSWER?
`
`WELL,
`
`IT WAS SOMETHING THAT I HAD CREATED.
`
`DO YOU STILL FEEL THAT WAY?
`
`YEAH.
`
`AND THEN YOU WERE ASKED:
`
`IS THERE ANY DOUBT IN YOUR MIND
`
`A
`
`Q
`
`A
`
`Q
`
`A
`
`Q
`
`THAT THE SOLUTION QUALCOMM DESCRIBED ON PAGE 56 OF ITS CLAIM
`
`CONSTRUCTION BRIEF ORIGINATED WITH YOU AT APPLE?
`
`AND WHAT DID YOU ANSWER?
`
`10
`
`11
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`12
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`13
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`14
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`15
`
`16
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`17
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`18
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`2O
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`21
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`22
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`23
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`24
`
`25
`
` 1143
`
` 1
` 2
` 3
` 4
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` 6
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` 8
` 9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`SO IN THIS CONTEXT OF JUST THAT PARAGRAPH, THAT LOOKS A LOT
`A
`LIKE MY IDEA. I CAN'T SAY WHAT THAT -- LIKE IN THE CONTEXT
`WITH THE GREATER PATENT.
`Q
`BUT IN THE CONTEXT -- IF WE CAN GO BACK UP TO LINES 9
`THROUGH 18. IN THE CONTEXT OF QUALCOMM'S REPRESENTATIONS IN A
`LEGAL BRIEF THAT THIS WAS THEIR SOLUTION, IN THIS CONTEXT, DO
`YOU AGREE THAT THIS WAS THEIR SOLUTION, OR WHOSE SOLUTION WAS
`IT?
`I DISAGREE, IN THAT I THINK IT WAS MY SOLUTION.
`A
`THEN TO FINISH UP THIS QUESTIONING. IF WE CAN GO TO PAGE
`Q
`221 WHERE WE HAD YOU SAY "IT WAS MINE."
`YOU WERE THEN ASKED: WHAT WAS YOUR REACTION WHEN YOU
`LEARNED THAT QUALCOMM HAD FILED A PATENT IN WHICH IT CLAIMS
`THAT THIS -- MEANING WHAT WE JUST READ -- WAS ITS SOLUTION.
`AND WHAT WAS YOUR ANSWER?
`THAT I WAS BOTH SURPRISED AND UPSET.
`AND THEN YOU WERE ASKED: WHY WERE YOU UPSET?
`AND WHAT WAS YOUR ANSWER?
`WELL, IT WAS SOMETHING THAT I HAD CREATED.
`A
`DO YOU STILL FEEL THAT WAY?
`Q
`YEAH.
`A
`AND THEN YOU WERE ASKED: IS THERE ANY DOUBT IN YOUR MIND
`Q
`THAT THE SOLUTION QUALCOMM DESCRIBED ON PAGE 56 OF ITS CLAIM
`CONSTRUCTION BRIEF ORIGINATED WITH YOU AT APPLE?
`AND WHAT DID YOU ANSWER?
`
`A
`Q
`
`

`

`1144
`
`A
`
`Q
`
`A
`
`Q
`
`I SAID I HAVE NO DOUBT THAT IT ORIGINATED WITH ME.
`
`AND DO YOU STILL FEEL THAT WAY?
`
`YES,
`
`I DO.
`
`THANK YOU.
`
`THANK YOU, MR. LEE.
`
`JUST A COUPLE OTHER REALLY MINOR POINTS, MORE FOR THE
`
`RECORD THAN ANYTHING.
`
`YOU WERE SHOWN PX593, AND IT WAS A
`
`SERIES OF EMAILS BACK AND FORTH, DO YOU REMEMBER, FROM
`
`MR. SOORDELU TO YOU?
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`2O
`
`21
`
`22
`
`23
`
`24
`
`25
`
`A
`
`Q
`
`YES.
`
`IF WE CAN GO TO THE BOTTOM OF THE SECOND PAGE, WE SEE THE
`
`STEP 3?
`
`A
`
`Q
`
`THAT'S RIGHT.
`
`THE BL3 WILL DOWNLOAD AMSS FROM THE AP AND PARSE/SEGMENT IT
`
`APPROPRIATELY BEFORE PLACING IT IN THE DDR MEMORY.
`
`NOW LET'S STOP THERE.
`
`BEFORE BEING SHOWN THIS ONE,
`
`I THINK
`
`YOU WERE SHOWN ANOTHER EMAIL CHAIN, AND YOU DIDN'T NOTICE THAT
`
`IT THEN SAID:
`
`TO BE SPECIFIC, THE STEPS IN THIS PHASE MAY
`
`REQUIRE.
`
`DO YOU REMEMBER THAT BACK AND FORTH WITH MR. AON?
`
`THAT'S RIGHT.
`
`WHEN YOU SAW THIS, YOU SAID —— ORIGINALLY I THINK YOU SAID
`
`A
`
`Q
`
`OH, THAT'S MISLEADING.
`
`AND WHEN YOU SAW THIS, YOU SAID:
`
`I
`
`WANT TO RETRACT MY PREVIOUS STATEMENT.
`
`FOR THE RECORD, WE NEED
`
`TO MAKE SURE, WHAT ARE YOU RETRACTING?
`
` 1144
`
` 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
`
`A
`Q
`A
`Q
`
`I SAID I HAVE NO DOUBT THAT IT ORIGINATED WITH ME.
`AND DO YOU STILL FEEL THAT WAY?
`YES, I DO.
`THANK YOU.
`THANK YOU, MR. LEE.
`JUST A COUPLE OTHER REALLY MINOR POINTS, MORE FOR THE
`RECORD THAN ANYTHING. YOU WERE SHOWN PX593, AND IT WAS A
`SERIES OF EMAILS BACK AND FORTH, DO YOU REMEMBER, FROM
`MR. SOORDELU TO YOU?
`A
`YES.
`Q
`IF WE CAN GO TO THE BOTTOM OF THE SECOND PAGE, WE SEE THE
`STEP 3?
`A
`THAT'S RIGHT.
`Q
`THE BL3 WILL DOWNLOAD AMSS FROM THE AP AND PARSE/SEGMENT IT
`APPROPRIATELY BEFORE PLACING IT IN THE DDR MEMORY.
`NOW LET'S STOP THERE. BEFORE BEING SHOWN THIS ONE, I THINK
`YOU WERE SHOWN ANOTHER EMAIL CHAIN, AND YOU DIDN'T NOTICE THAT
`IT THEN SAID: TO BE SPECIFIC, THE STEPS IN THIS PHASE MAY
`REQUIRE.
`DO YOU REMEMBER THAT BACK AND FORTH WITH MR. AON?
`THAT'S RIGHT.
`A
`WHEN YOU SAW THIS, YOU SAID -- ORIGINALLY I THINK YOU SAID
`Q
`OH, THAT'S MISLEADING. AND WHEN YOU SAW THIS, YOU SAID: I
`WANT TO RETRACT MY PREVIOUS STATEMENT. FOR THE RECORD, WE NEED
`TO MAKE SURE, WHAT ARE YOU RETRACTING?
`
`

`

`1145
`
`A
`
`SO I'M RETRACTING THE FACT THAT STEP 3 WAS MISLEADING I
`
`HADN'T -- I TOTALLY HADN'T NOTICED THAT SECOND SENTENCE THERE.
`
`Q
`
`OKAY.
`
`SO NOW NOTICING THE SECOND SENTENCE,
`
`I JUST WANT TO
`
`BE CLEAR FOR THE RECORD, YOU WANT TO RETRACT WHAT PART OF YOUR
`
`TESTIMONY?
`
`A
`
`THAT DESCRIPTION:
`
`BL3 DOWNLOAD AMSS FROM AP AND
`
`PARSE/SEGMENT IT APPROPRIATELY BEFORE PLACING IN THE DDR
`
`MEMORY.
`
`THAT WAS MISLEADING.
`
`Q
`
`A
`
`Q
`
`YOU WANT TO TAKE THAT PART BACK?
`
`YES.
`
`OKAY.
`
`LET'S GO TO PX110.
`
`IT'S ANOTHER DOCUMENT YOU WERE
`
`SHOWN ON CROSS-EXAMINATION.
`
`AND IF WE GO TO THE SECOND PAGE.
`
`AND THIS IS YOUR EMAIL TO MR. MUJTABA ON FEBRUARY 9 WHERE YOU
`
`LAY OUT FOR THE FIRST TIME YOUR STEP PROCEDURE.
`
`SO YOU WERE SHOWN THIS AND YOU WERE ASKED:
`
`DO YOU SEE THE
`
`WORD "SEPARATELY" ANYWHERE IN HERE?
`
`AND YOUR RESPONSE IS: WELL, STEPS 1 AND 3 HAVE TO BE DONE
`
`SEPARATELY.
`
`DO YOU REMEMBER THAT Q AND A?
`
`THAT'S RIGHT.
`
`AND THEN YOU WERE ASKED AGAIN:
`
`YOU DON'T SEE THAT WORD
`
`A
`
`Q
`
`"SEPARATELY"
`
`IN HERE?
`
`SO WHY DO STEPS 1 AND 3 HAVE TO BE DONE SEPARATELY?
`
`A
`
`SO THE GOAL OF STEP 3 IS TO LOWER EACH SEGMENT INTO PLACE
`
`AND ON THE FLY.
`
`IF 1 TO 3 WERE DONE TOGETHER; I.E., NOT
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`2O
`
`21
`
`22
`
`23
`
`24
`
`25
`
` 1145
`
` 1
` 2
` 3
` 4
` 5
` 6
` 7
` 8
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`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`SO I'M RETRACTING THE FACT THAT STEP 3 WAS MISLEADING I
`A
`HADN'T -- I TOTALLY HADN'T NOTICED THAT SECOND SENTENCE THERE.
`Q
`OKAY. SO NOW NOTICING THE SECOND SENTENCE, I JUST WANT TO
`BE CLEAR FOR THE RECORD, YOU WANT TO RETRACT WHAT PART OF YOUR
`TESTIMONY?
`A
`THAT DESCRIPTION: BL3 DOWNLOAD AMSS FROM AP AND
`PARSE/SEGMENT IT APPROPRIATELY BEFORE PLACING IN THE DDR
`MEMORY. THAT WAS MISLEADING.
`Q
`YOU WANT TO TAKE THAT PART BACK?
`A
`YES.
`Q
`OKAY. LET'S GO TO PX110. IT'S ANOTHER DOCUMENT YOU WERE
`SHOWN ON CROSS-EXAMINATION. AND IF WE GO TO THE SECOND PAGE.
`AND THIS IS YOUR EMAIL TO MR. MUJTABA ON FEBRUARY 9 WHERE YOU
`LAY OUT FOR THE FIRST TIME YOUR STEP PROCEDURE.
`SO YOU WERE SHOWN THIS AND YOU WERE ASKED: DO YOU SEE THE
`WORD "SEPARATELY" ANYWHERE IN HERE?
`AND YOUR RESPONSE IS: WELL, STEPS 1 AND 3 HAVE TO BE DONE
`SEPARATELY.
`DO YOU REMEMBER THAT Q AND A?
`THAT'S RIGHT.
`A
`AND THEN YOU WERE ASKED AGAIN: YOU DON'T SEE THAT WORD
`Q
`"SEPARATELY" IN HERE?
`SO WHY DO STEPS 1 AND 3 HAVE TO BE DONE SEPARATELY?
`SO THE GOAL OF STEP 3 IS TO LOWER EACH SEGMENT INTO PLACE
`A
`AND ON THE FLY. IF 1 TO 3 WERE DONE TOGETHER; I.E., NOT
`
`

`

`1146
`
`SEPARATELY, THEN YOU WOULDN'T BE ABLE TO DO IT ON THE FLY.
`
`YOU
`
`WOULD HAVE A COPY, RIGHT?
`
`SO THE ON—THE—FLY TERM WOULDN'T
`
`APPLY.
`
`Q
`
`AND IF WE —— YOU WEREN'T SHOWN THIS ON CROSS, BUT IF WE CAN
`
`GO DOWN TO THE BOTTOM THAT PARAGRAPH THAT YOU AND I TALKED
`
`ABOUT "WHEN YOU TALK ABOUT STAGED APPROACH IN THIS DOCUMENT."
`
`DO YOU SEE THAT?
`
`A
`
`Q
`
`YES.
`
`WHAT ARE YOU TALKING ABOUT THERE WHEN YOU USED THE WORD
`
`"STAGED"?
`
`A
`
`THAT REFERS TO THE FIRST STEP WHERE THE AMSS ELF HEADER IS
`
`SENT OVER FIRST, THEN PROCESSED BY THE MODEM PROCESSOR, AND
`
`THEN EACH OF THE INDIVIDUAL SEGMENTS ARE LOADED IN PLACE ON THE
`
`FLY.
`
`Q
`
`A
`
`Q
`
`AND IS THAT THE SAME OR DIFFERENT THAN SAYING SEPARATELY?
`
`THE STAGED APPROACH IS THE SAME THING AS SAYING SEPARATE.
`
`THANK YOU.
`
`ONE MORE.
`
`YOU WERE SHOWN PX107 ON
`
`CROSS—EXAMINATION.
`
`YOU WERE ONLY ASKED ABOUT A COUPLE PLACES
`
`ON HERE, BUT LET'S PUT THIS IN CONTEXT.
`
`NOW THE DATE IS
`
`MARCH 18, 2010.
`
`SO THAT'S HOW LONG AFTER YOU HAD CONVEYED THIS
`
`STAGED APPROACH TO QUALCOMM?
`
`A
`
`SO I BELIEVE IT WAS THE 9TH OF FEB, SO LIKE QUITE A FEW
`
`DAYS, YEAH.
`
`Q
`
`A
`
`A MONTH AND A WEEK?
`
`YEAH.
`
`10
`
`11
`
`12
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`13
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`14
`
`15
`
`16
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`25
`
` 1146
`
` 1
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`13
`14
`15
`16
`17
`18
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`20
`21
`22
`23
`24
`25
`
`SEPARATELY, THEN YOU WOULDN'T BE ABLE TO DO IT ON THE FLY. YOU
`WOULD HAVE A COPY, RIGHT? SO THE ON-THE-FLY TERM WOULDN'T
`APPLY.
`Q
`AND IF WE -- YOU WEREN'T SHOWN THIS ON CROSS, BUT IF WE CAN
`GO DOWN TO THE BOTTOM THAT PARAGRAPH THAT YOU AND I TALKED
`ABOUT "WHEN YOU TALK ABOUT STAGED APPROACH IN THIS DOCUMENT."
`DO YOU SEE THAT?
`A
`YES.
`Q
`WHAT ARE YOU TALKING ABOUT THERE WHEN YOU USED THE WORD
`"STAGED"?
`A
`THAT REFERS TO THE FIRST STEP WHERE THE AMSS ELF HEADER IS
`SENT OVER FIRST, THEN PROCESSED BY THE MODEM PROCESSOR, AND
`THEN EACH OF THE INDIVIDUAL SEGMENTS ARE LOADED IN PLACE ON THE
`FLY.
`Q
`AND IS THAT THE SAME OR DIFFERENT THAN SAYING SEPARATELY?
`A
`THE STAGED APPROACH IS THE SAME THING AS SAYING SEPARATE.
`Q
`THANK YOU. ONE MORE. YOU WERE SHOWN PX107 ON
`CROSS-EXAMINATION. YOU WERE ONLY ASKED ABOUT A COUPLE PLACES
`ON HERE, BUT LET'S PUT THIS IN CONTEXT. NOW THE DATE IS
`MARCH 18, 2010. SO THAT'S HOW LONG AFTER YOU HAD CONVEYED THIS
`STAGED APPROACH TO QUALCOMM?
`A
`SO I BELIEVE IT WAS THE 9TH OF FEB, SO LIKE QUITE A FEW
`DAYS, YEAH.
`Q
`A MONTH AND A WEEK?
`A
`YEAH.
`
`

`

`1147
`
`Q
`
`A
`
`Q
`
`A
`
`Q
`
`PERHAPS?
`
`YEAH, YEAH.
`
`AND YOU'RE NOT ON THIS EMAIL;
`
`IS THAT RIGHT?
`
`I AM NOT ON THAT EMAIL.
`
`BUT YOU DID MENTION A MEETING WITH QUALCOMM WHERE IT DIDN'T
`
`GO SO WELL ——
`
`A
`
`Q
`
`A
`
`Q
`
`A
`
`Q
`
`A
`
`Q
`
`A
`
`Q
`
`YES.
`
`-- ON DIRECT?
`
`SO THIS IS A FROM AN ISABEL MAHE?
`
`MAHE.
`
`SHE'S AT APPLE AT THIS POINT?
`
`YES.
`
`AND IT'S TO ARUN MATHIAS.
`
`AND WHO IS THAT?
`
`THAT WOULD BE A DIRECTOR AT APPLE.
`
`MY SKIP LEVEL BOSS.
`
`THERE'S A CC TO MR. MUJTABA AGAIN,
`
`I SEE?
`
`YES.
`
`AND ALSO ONE TO MR. ZHANG THAT WE HAD TALKED ABOUT EARLIER;
`
`IS THAT RIGHT?
`
`A
`
`Q
`
`THAT'S RIGHT.
`
`AND IT STARTS WITH:
`
`DOUBLE EXCLAMATION POINT.
`
`DISASTROUS
`
`MEETING WITH EUREKA TODAY ON FLASHLESS.
`
`AGAIN, WHO WAS EUREKA?
`
`EUREKA REFERS TO QUALCOMM.
`
`IF WE CAN GO DOWN TO THE BOTTOM OF THE DOCUMENT UNDER "HI,
`
`A
`
`Q
`
`ISABEL."
`
`LET'S BLOW UP THAT FIRST PARAGRAPH.
`
`SO THIS IS
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
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`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
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`22
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`23
`
`24
`
`25
`
` 1147
`
` 1
` 2
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` 7
` 8
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`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`PERHAPS?
`Q
`YEAH, YEAH.
`A
`AND YOU'RE NOT ON THIS EMAIL; IS THAT RIGHT?
`Q
`I AM NOT ON THAT EMAIL.
`A
`BUT YOU DID MENTION A MEETING WITH QUALCOMM WHERE IT DIDN'T
`Q
`GO SO WELL --
`A
`YES.
`Q
`-- ON DIRECT?
`SO THIS IS A FROM AN ISABEL MAHE?
`MAHE.
`A
`SHE'S AT APPLE AT THIS POINT?
`Q
`YES.
`A
`AND IT'S TO ARUN MATHIAS. AND WHO IS THAT?
`Q
`THAT WOULD BE A DIRECTOR AT APPLE. MY SKIP LEVEL BOSS.
`A
`THERE'S A CC TO MR. MUJTABA AGAIN, I SEE?
`Q
`YES.
`A
`AND ALSO ONE TO MR. ZHANG THAT WE HAD TALKED ABOUT EARLIER;
`Q
`IS THAT RIGHT?
`A
`THAT'S RIGHT.
`Q
`AND IT STARTS WITH: DOUBLE EXCLAMATION POINT. DISASTROUS
`MEETING WITH EUREKA TODAY ON FLASHLESS.
`AGAIN, WHO WAS EUREKA?
`EUREKA REFERS TO QUALCOMM.
`A
`IF WE CAN GO DOWN TO THE BOTTOM OF THE DOCUMENT UNDER "HI,
`Q
`ISABEL." LET'S BLOW UP THAT FIRST PARAGRAPH. SO THIS IS
`
`

`

`1148
`
`MR. MATHIAS SAYING TO MS. MAHE:
`
`EUREKA, MEANING QUALCOMM, MADE
`
`A FOOL OUT OF US TODAY BY REFUSING TO TALK ABOUT ENGINEERING
`
`DETAILS OF THE SAHARA PROTOCOL FOR FLASHLESS, CITING IP
`
`CONCERNS.
`
`THE FACT THAT THEY TOLD THIS TO US ONE HOUR INTO THE
`
`MEETING WAS COMPLETELY UNACCEPTABLE.
`
`THEY COULD HAVE SAID THIS
`
`TO US OVER THE PHONE EVEN BEFORE WE HAD FLOWN DOWN TO
`
`SAN DIEGO.
`
`EUREKA QUOTE "THINKS" UNQUOTE THAT THEY HAVE NEW IP TO
`
`DEVELOP FOR THIS SAHARA PROTOCOL AND DON'T WANT TO DISCUSS ANY
`
`TECHNICAL DETAILS WITH US UNTIL THEY HAVE AN IP AGREEMENT IN
`
`PLACE WHEREBY THEY CAN OWN ANY IDEAS/FEEDBACK WE GIVE THEM.
`
`IS THAT WHAT THIS EMAIL SAYS?
`
`YES.
`
`BUT YOU HAD ALREADY GIVEN QUALCOMM YOUR STAGED APPROACH
`
`A
`
`Q
`
`IDEA OVER A MONTH EARLIER; THAT IS RIGHT?
`
`A
`
`Q
`
`YES.
`
`AND AT THIS POINT IN TIME, ON MARCH 18, 2010, YOU DIDN'T
`
`KNOW THAT FOUR DAYS LATER QUALCOMM WAS GOING TO GO DOWN TO THE
`
`PATENT OFFICE AND FILE A PATENT APPLICATION THAT WOULD TURN
`
`INTO THE '949 --
`
`MR. PAK: OBJECTION.
`
`LEADING.
`
`ARGUMENTATIVE, YOUR
`
`HONOR.
`
`THE COURT:
`
`SUSTAINED.
`
`MS. BROOKS:
`
`I'LL REPHRASE, YOUR HONOR.
`
`BY MS. BROOKS:
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`2O
`
`21
`
`22
`
`23
`
`24
`
`25
`
` 1148
`
` 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
`
`MR. MATHIAS SAYING TO MS. MAHE: EUREKA, MEANING QUALCOMM, MADE
`A FOOL OUT OF US TODAY BY REFUSING TO TALK ABOUT ENGINEERING
`DETAILS OF THE SAHARA PROTOCOL FOR FLASHLESS, CITING IP
`CONCERNS. THE FACT THAT THEY TOLD THIS TO US ONE HOUR INTO THE
`MEETING WAS COMPLETELY UNACCEPTABLE. THEY COULD HAVE SAID THIS
`TO US OVER THE PHONE EVEN BEFORE WE HAD FLOWN DOWN TO
`SAN DIEGO.
`EUREKA QUOTE "THINKS" UNQUOTE THAT THEY HAVE NEW IP TO
`DEVELOP FOR THIS SAHARA PROTOCOL AND DON'T WANT TO DISCUSS ANY
`TECHNICAL DETAILS WITH US UNTIL THEY HAVE AN IP AGREEMENT IN
`PLACE WHEREBY THEY CAN OWN ANY IDEAS/FEEDBACK WE GIVE THEM.
`IS THAT WHAT THIS EMAIL SAYS?
`YES.
`A
`BUT YOU HAD ALREADY GIVEN QUALCOMM YOUR STAGED APPROACH
`Q
`IDEA OVER A MONTH EARLIER; THAT IS RIGHT?
`A
`YES.
`Q
`AND AT THIS POINT IN TIME, ON MARCH 18, 2010, YOU DIDN'T
`KNOW THAT FOUR DAYS LATER QUALCOMM WAS GOING TO GO DOWN TO THE
`PATENT OFFICE AND FILE A PATENT APPLICATION THAT WOULD TURN
`INTO THE '949 --
`MR. PAK: OBJECTION. LEADING. ARGUMENTATIVE, YOUR
`
`HONOR.
`
`THE COURT: SUSTAINED.
`MS. BROOKS: I'LL REPHRASE, YOUR HONOR.
`BY MS. BROOKS:
`
`

`

`1149
`
`Q
`
`DID YOU KNOW ON MARCH 18, 2010 AT THIS DISASTROUS MEETING
`
`THAT FOUR DAYS LATER, QUALCOMM WAS GOING TO GO DOWN TO THE
`
`PATENT OFFICE AND FILE A PATENT THAT TURNED INTO THE '949?
`
`A
`
`I DIDN'T KNOW.
`
`MS. BROOKS:
`
`THANK YOU.
`
`PASS THE WITNESS, YOUR HONOR.
`
`THE COURT:
`
`RECROSS.
`
`BY MR. PAK:
`
`Q
`
`LET'S BRING UP —— MAY I PROCEED, YOUR HONOR?
`
`THE COURT: YES.
`
`RECROSS-EXAMINATION
`
`BY MR. PAK:
`
`Q
`
`I'LL GO BACK TO THE TESTIMONY YOU WERE SHOWN FROM YOUR
`
`DEPOSITION.
`
`PAGE 221.
`
`DO YOU RECALL COUNSEL ASKED YOU A
`
`NUMBER OF QUESTIONS OR ACTUALLY —— YEAH.
`
`IF YOU GO BACK BEFORE TO PAGE 220.
`
`SO PAGE 220, THERE'S
`
`SOME QUESTIONS THAT COUNSEL FOR APPLE ASKED YOU.
`
`
`DO YOU SEE IN
`
`THE MIDDLE OF THE PAGE, THERE'S A PARAGRAPH THAT STARTS WITH
`
`"QUALCOMM'S SOLUTION"?
`
`DO YOU SEE THAT?
`
`A
`
`Q
`
`YES.
`
`THAT WAS APPLE'S LAWYER ASKING YOU THESE QUESTIONS AT THE
`
`DEPOSITION, CORRECT?
`
`A
`
`I BELIEVE SO, OR I GUESS A LAWYER FROM WILMER HALE, WHICH I
`
`GUESS WAS REPRESENTING APPLE.
`
`Q
`
`RIGHT.
`
`AND HE SHOWED YOU THIS ONE PARAGRAPH FROM A BRIEF
`
`10
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`11
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`12
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`13
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`14
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`15
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`16
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`17
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`18
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`19
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`2O
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`21
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`22
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`23
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`24
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`25
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` 1149
`
` 1
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`13
`14
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`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`DID YOU KNOW ON MARCH 18, 2010 AT THIS DISASTROUS MEETING
`Q
`THAT FOUR DAYS LATER, QUALCOMM WAS GOING TO GO DOWN TO THE
`PATENT OFFICE AND FILE A PATENT THAT TURNED INTO THE '949?
`A
`I DIDN'T KNOW.
`MS. BROOKS: THANK YOU.
`PASS THE WITNESS, YOUR HONOR.
`THE COURT: RECROSS.
`BY MR. PAK:
`Q
`LET'S BRING UP -- MAY I PROCEED, YOUR HONOR?
`THE COURT: YES.
`RECROSS-EXAMINATION
`
`BY MR. PAK:
`Q
`I'LL GO BACK TO THE TESTIMONY YOU WERE SHOWN FROM YOUR
`DEPOSITION. PAGE 221. DO YOU RECALL COUNSEL ASKED YOU A
`NUMBER OF QUESTIONS OR ACTUALLY -- YEAH.
`IF YOU GO BACK BEFORE TO PAGE 220. SO PAGE 220, THERE'S
`SOME QUESTIONS THAT COUNSEL FOR APPLE ASKED YOU. DO YOU SEE IN
`THE MIDDLE OF THE PAGE, THERE'S A PARAGRAPH THAT STARTS WITH
`"QUALCOMM'S SOLUTION"? DO YOU SEE THAT?
`A
`YES.
`Q
`THAT WAS APPLE'S LAWYER ASKING YOU THESE QUESTIONS AT THE
`DEPOSITION, CORRECT?
`A
`I BELIEVE SO, OR I GUESS A LAWYER FROM WILMER HALE, WHICH I
`GUESS WAS REPRESENTING APPLE.
`Q
`RIGHT. AND HE SHOWED YOU THIS ONE PARAGRAPH FROM A BRIEF
`
`

`

` 1150
`
` 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
`
`THAT QUALCOMM HAD FILED, CORRECT?
`A
`I'M SORRY. I'M NOT SURE WHAT YOU MEAN BY "BRIEF," BUT I
`WAS SHOWN A DOCUMENT AND I READ A PARAGRAPH.
`Q
`YEAH. HE DIDN'T SHOW YOU THE ENTIRE DOCUMENT, DID HE?
`A
`NO.
`Q
`YOU'VE NEVER READ THAT ENTIRE DOCUMENT, HAD YOU?
`A
`NO.
`Q
`AND YOU HADN'T READ THE PATENT, CORRECT?
`A
`NO.
`Q
`YOU HADN'T LOOKED AT THE CLAIMS, CORRECT?
`A
`NO.
`Q
`AND I WANT TO HAND YOU PX2861.
`MR. PAK: YOUR HONOR, IF I MAY APPROACH?
`THE COURT: YES.
`MS. BROOKS: MIGHT WE HAVE A COPY, YOUR HONOR?
`MR. PAK: OF COURSE.
`THE COURT: YES.
`MS. BROOKS: THANK YOU.
`BY MR. PAK:
`Q
`SO TURN TO 63 -- OR PAGE 566 OF THIS DOCUMENT, WHICH IS PX
`2861.63.
`A
`DID YOU SAY "63"?
`Q
`YES. THAT'S THE NUMBER ON THE RIGHT-HAND, BUT THE MIDDLE
`NUMBER WILL BE 56. IT'S ON THE SCREEN AS WELL. ARE YOU WITH
`ME, MR. SIVA?
`
`

`

`1151
`
`A
`
`Q
`
`YEAH.
`
`THIS IS A BRIEF —— WHAT WE CALL A BRIEF IS A LEGAL
`
`FILING —— BY QUALCOMM.
`
`IT'S GOT 78 PAGES.
`
`YOU WEREN'T SHOWN
`
`THIS DOCUMENT IN ITS ENTIRETY, CORRECT?
`
`A
`
`Q
`
`NO.
`
`APPLE'S LAWYER FOCUSED YOU ON THIS ONE PARAGRAPH IN
`
`ISOLATION, CORRECT, DURING YOUR DEPOSITION?
`
`A
`
`Q
`
`THAT'S WHAT I RECALL.
`
`BUT THEN, LOOK AT THE VERY NEXT PARAGRAPH.
`
`DO YOU SEE THE
`
`CLAIM 16 LANGUAGE IS REPRODUCED IN THIS BRIEF?
`
`A
`
`Q
`
`I SEE THAT PARAGRAPH.
`
`HE NEVER ASKED YOU ABOUT THAT CLAIM?
`
`HE NEVER SHOWED YOU
`
`THAT CLAIM LANGUAGE, CORRECT?
`
`A
`
`Q
`
`AGAIN,
`
`I DIDN'T READ IT EITHER.
`
`RIGHT.
`
`THAT'S RIGHT.
`
`SO EVEN TODAY, YOU HAVE NO IDEA WHAT
`
`THE CLAIM ACTUALLY SAYS, CORRECT?
`
`A
`
`Q
`
`A
`
`Q
`
`I DO NOT.
`
`AND THEN LET'S GO BACK TO PX107.
`
`BACK TO THE BINDER, RIGHT?
`
`YES, BACK TO THE BINDER.
`
`COUNSEL ASKED YOU ABOUT THIS
`
`EXHIBIT?
`
`A
`
`Q
`
`YES.
`
`AND DO YOU SEE IT SAYS:
`
`IP AGREEMENT IN PLACE WHEREBY THEY
`
`CAN OWN ANY IDEAS/FEEDBACK WE GIVE THEM.
`
`IP CONCERNS.
`
`DO YOU
`
`SEE ALL THOSE REFERENCES TO IP CONCE