Deposition of:
`Michael Foley, Ph.D.
`
`October 3, 2019
`
`In the Matter of:
`Canon USA Inc. Vs. Cellspin Soft Inc.
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`Veritext Legal Solutions
`800.808.4958 | calendar-dmv@veritext.com |
`
`Canon Exhibit 1040, Page 1
`
`
`Michael Foley, Ph.D.
`
`October 3, 2019
`
`In the Matter of:
`Canon USA Inc. Vs. Cellspin Soft Inc.
`
`Veritext Legal Solutions
`800.808.4958 | calendar-dmv@veritext.com |
`
`Canon Exhibit 1040, Page 1
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`Page 1
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` 1 UNITED STATES PATENT AND TRADEMARK OFFICE
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` 2 BEFORE THE PATENT TRIAL AND APPEAL BOARD
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` 3 ______________________________________________________
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` 4 CANNON U.S.A., INC., )
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` )
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` Petitioner, ) U.S. PATENT NO. 9,258,698
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` ) Inter Partes Review No.
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` 5 vs. ) 2019-00127
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` )
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` CELLSPIN SOFT, INC., )
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` )
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` 6 Patent Owner. )
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` ______________________________________________________
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` 9
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`10 DEPOSITION UPON ORAL EXAMINATION OF
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`11 MICHAEL FOLEY, Ph.D.
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`12 ______________________________________________________
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`13
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`14 8:50 A.M.
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`15 OCTOBER 3, 2019
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`16 600 UNIVERSITY STREET, SUITE 2800
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`17 SEATTLE, WASHINGTON
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`Canon Exhibit 1040, Page 2
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`
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` A P P E A R A N C E S
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`Page 2
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` F O R T H E P E T I T I O N E R :
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` J A R E D W . N E W T O N
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` Q u i n n E m a n u e l U r q u h a r t & S u l l i v a n L L P
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` 1 3 0 0 I S t r e e t , S u i t e 9 0 0
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` W a s h i n g t o n , D . C . 2 0 0 0 5
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` 2 0 2 . 5 3 8 . 8 0 0 0
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` j a r e d n e w t o n @ q u i n n e m a n u e l . c o m
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` F O R T H E P A T E N T O W N E R :
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` J O H N J . E D M O N D S
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` E d m o n d s & S c h l a t h e r P L L C
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` 2 5 0 1 S a l t u s S t r e e t
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` H o u s t o n , T e x a s 7 7 0 0 3
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` 7 1 3 . 3 6 4 . 5 2 9 1
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` j e d m o n d s @ i p - l i t . c o m
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` A L S O P R E S E N T : N O N E
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`Canon Exhibit 1040, Page 3
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` I N D E X
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`Page 3
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` EXAMINATION BY: PAGE(S)
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` MR. NEWTON 4
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`EXHIBITS FOR IDENTIFICATION PAGE
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` Exhibit 1036 Article from phonesnews.com: 38
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` MC35 Enterprise Digital Assistant
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` from Symbol
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` Exhibit 1037 Article from Softpedia News: Old 50
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` Bluetooth is Dead, Long Live
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` Bluetooth 2.1 + EDR!
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` Exhibit 1038 Article from PC World: 51
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` Ultra-low-power Bluetooth: the
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` new wireless frontier
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` Exhibit 1039 National Institute of Standards 59
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` and Technology, Guide to
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` Bluetooth Security
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`Canon Exhibit 1040, Page 4
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` SEATTLE, WASHINGTON; OCTOBER 3, 2019
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` 8:50 A.M.
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` --oOo--
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`Page 4
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` MICHAEL FOLEY, Ph.D.,
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` sworn as a witness by the Certified Court Reporter,
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` testified as follows:
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` EXAMINATION
`
` BY MR. NEWTON:
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` Q. Good morning, Dr. Foley.
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` A. Good morning.
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` Q. My name is Jared Newton, we met previously.
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`I'll be taking your deposition today.
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` A. Okay.
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` Q. You understand you're testifying under oath?
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` A. I do, yes.
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` Q. Is there any reason you can't give full,
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`accurate, truthful testimony?
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` A. No.
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` Q. So you have in front of you the declaration
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`that you submitted in this case; is that correct?
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` A. That is correct, yes.
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` Q. And that declaration is marked as
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`Exhibit 2009?
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`Canon Exhibit 1040, Page 5
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` A. Correct, yes.
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` Q. And it's for the record, Declaration of
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`Dr. Michael Foley in Cannon U.S.A., Inc., versus
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`Cellspin Soft, Inc., correct?
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` A. Yes.
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` Q. And that declaration generally addresses U.S.
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`Patent Number 9,258,698; is that correct?
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` A. That's correct.
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` Q. We'll refer to that today as the '698 patent;
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`is that okay?
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` A. That's fine.
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` Q. Is your declaration a complete description of
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`the opinions that you formed in this case?
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` A. It's the -- yeah, the -- I was asked questions
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`and it's my opinions on those regarding this case, yes.
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` Q. Is there anything missing or in the
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`declaration that you think requires you to supplement
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`it or fill it -- any gaps in any way?
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` A. I don't believe so.
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` Q. Your declaration generally responded to
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`Cannon's petition and the declaration of Dr. Vijay
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`Madisetti; is that correct?
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` A. In general, yes.
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` Q. Have you ever met Dr. Madisetti?
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` A. I have, yes.
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`Veritext Legal Solutions
`215-241-1000 ~ 610-434-8588 ~ 302-571-0510 ~ 202-803-8830
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`Canon Exhibit 1040, Page 6
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` Q. Where did you meet him?
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` A. Chicago, Illinois.
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` Q. When was that?
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` A. I believe 2017. I may be slightly off.
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` Q. What was it in connection with?
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` A. We were working on a different legal matter.
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` Q. Were you on the same side of a case?
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` A. We were. We were, yes.
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` Q. If you're able to tell me who was the client
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`in that case?
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` A. The client was RYOBI and their parent company,
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`whose name escapes me right now.
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` Q. Any reason to doubt or question
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`Dr. Madisetti's qualifications?
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` A. None that I'm aware of.
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` Q. You recently gave a deposition in a related
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`case involving the '698 patent; is that correct?
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` A. Yes.
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` Q. And that was in the Panasonic case?
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` A. Yes.
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` Q. Do you stand by all of the testimony that you
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`gave in that case?
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` A. Yes.
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` Q. You have in front of you the '698 patent; is
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`that correct?
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`Veritext Legal Solutions
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`Canon Exhibit 1040, Page 7
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` A. Yes, I do.
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` Q. The '698 generally describes transferring
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`image data from a digital camera to a cellular phone
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`and then to a website. Is that a fair high-level
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`description?
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` MR. EDMONDS: Objection. Vague.
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` A. Yes. I'd say multimedia content. It's not
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`limited to just images. It, you know, could be video
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`or -- or other type of data as well.
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` Q. (BY MR. NEWTON) But the transfer from a
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`phone -- I'm sorry, from a digital camera to a phone to
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`a website; is that accurate?
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` MR. EDMONDS: Objection. Vague.
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` A. At the high level, yes.
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` Q. (BY MR. NEWTON) And the '698 patent describes
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`a paired wireless connection between the digital camera
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`and cellular phone; is that correct?
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` A. Yes, a paired wireless connection is used
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`between the -- the camera device and the mobile phone.
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` Q. I've found myself doing this, I've found
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`myself doing it throughout the case, but for the
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`purposes of today, if we refer to cellular phone and
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`mobile phone interchangeably, is that okay with you?
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` A. Yes, that's fine.
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` Q. For the paired wireless connection described
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`Veritext Legal Solutions
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`Canon Exhibit 1040, Page 8
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`Page 8
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`in the '698 patent, the specification describes
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`Bluetooth, as an example, a protocol that can be used
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`to establish that connection; is that correct?
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` A. At least -- lists Bluetooth as an option, yes.
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` Q. Right. And it's just an option, so the '698
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`patent does not limit the paired relationship to just a
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`Bluetooth connection; is that correct?
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` A. That's correct. And other example
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`technologies are -- are listed in it as well.
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` Q. If you go to column 9 around line 45.
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` MR. EDMONDS: While he's looking, do you
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`have another copy of that handy? Thank you.
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` A. I'm there.
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` Q. (BY MR. NEWTON) Here it says "The method and
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`system disclosed herein is realized with, but not
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`limited to Bluetooth communication protocol."
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` Do you agree that's an accurate description of
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`the '698 patent?
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` A. Yes, that's what it says here.
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` Q. And then it lists other wireless protocols
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`that may be used to establish the paired connection; is
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`that correct?
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` A. Yes. It lists wireless protocols, for
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`example, Zigbee, Wibree, Ultra-Wide Band and other
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`wireless protocols for wireless personal area.
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`Canon Exhibit 1040, Page 9
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`Networks may be employed to accomplish the task.
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` Q. What other wireless protocols for wireless
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`personal area networks might be used to establish that
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`paired connection between a digital camera and cellular
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`phone?
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` A. Other than the ones listed here?
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` Q. Correct.
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` A. Off the top of my head, I'm -- I'm not sure.
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`They're definitely some proprietary personal area,
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`wireless technologies, but without looking into them, I
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`don't know if they would be able to, you know, fulfill
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`the requirements of what's required in the '698 patent.
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` Q. What do you mean by mean that, what
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`requirements?
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` A. Well, the -- as we've been talking about, the
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`paired wireless connection, I don't know if other
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`technology -- you know, proprietary technology would
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`support that or not. And that's just one example.
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` Q. But the patent says "Other wireless protocols
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`for wireless personal area networks may be employed to
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`accomplish the tasks of the method of system disclosed
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`herein."
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` And that, the tasks of the method and system
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`disclosed herein include pairing, correct?
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` A. Yes.
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`Canon Exhibit 1040, Page 10
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` Q. So there may be some proprietary protocols
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`that can satisfy that pairing task and some that may
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`not. Is that your testimony?
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` A. With -- without looking at them, I don't know
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`if they would or -- or not. And all the tasks, you
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`know, tasks plural, not just the one.
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` Q. Got it. Those other tasks would include
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`things like transferring multimedia content?
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` A. That's one example. The cryptographic
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`authentication is another example.
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` Q. The '698 patent claims priority to a
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`provisional application filed in December 2007; is that
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`correct?
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` A. I believe so. Yes.
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` Q. You're familiar with the construct of a person
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`of ordinary skill in the art?
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` A. I am, yes.
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` Q. Would a person of ordinary skill in the art in
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`December 2007 have been able to write a proprietary
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`protocol that would enable pairing between the digital
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`camera and a cellular phone?
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` MR. EDMONDS: Objection. Vague. Calls
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`for speculation.
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` A. Yeah, most likely.
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` Q. (BY MR. NEWTON) Would a person of ordinary
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`Canon Exhibit 1040, Page 11
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`skill in the art have -- at that time have been able to
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`establish a paired relationship between a -- strike
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`that.
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` In December 2007, would a person of ordinary
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`skill in the art have been able to follow the Bluetooth
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`specification in order to develop a pairing protocol
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`for a digital camera and a cellular phone?
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` A. Would it be possible? Was that the question?
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`Is that the beginning?
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` Q. Would a person of ordinary skill in the art
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`have been able to follow the Bluetooth specification in
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`order to do that?
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` A. They would be able to follow the Bluetooth
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`specification, yes.
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` Q. Was that a fairly common thing to do?
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` MR. EDMONDS: Objection. Vague.
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` A. It totally depended on the use case. For some
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`use cases, pairing Bluetooth devices was common. For
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`other ones it wasn't.
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` Q. (BY MR. NEWTON) One of the use cases
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`described in your declaration is the basic imaging
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`profile?
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` A. That's the specification that defines use case
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`for transferring images over Bluetooth.
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` Q. And that specification -- strike that.
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`Canon Exhibit 1040, Page 12
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` In December 2007, could a person of ordinary
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`skill in the art have followed that specification, the
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`BIP, in order to implement a pairing relationship
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`between a digital camera and a cellular phone?
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` A. Well, in the BIP profile, it lists a few
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`different use cases, and it didn't recommend a paired
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`connection between the camera and the phone. So if
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`they took the recommendations of what that profile
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`said, they would not have created a paired connection
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`between those two devices.
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` Q. Did it recommend to not pair the camera and
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`the phone?
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` A. It -- it did not recommend to it. It left it
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`as an implementation issue.
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` Q. So what you said is not quite accurate. You
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`said if they, the person of ordinary skill in the art,
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`took the recommendations of what the profile said, but
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`there are no recommendations, it leaves it to the
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`implementer's discretion, correct?
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` MR. EDMONDS: Objection. Compound.
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` A. It does leave it to the implement -- to the
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`implementer's discretion, and it does not recommend
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`that you do so.
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` Q. (BY MR. NEWTON) And it doesn't recommend that
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`you don't do it?
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`Canon Exhibit 1040, Page 13
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` A. Correct.
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` Q. And there's an auto archive feature in the
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`basic imaging profile?
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` A. The multi-image transfer, is that the one
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`you're referring to?
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` Q. I believe it's called automatic archive. It
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`might be for multi-image transfer. It sounds like
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`we're talking about the same thing.
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` A. Okay.
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` Q. Are you familiar with that?
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` A. I don't have the, you know, profile in front
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`of me, but if we are talking about where it dumps all
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`the images, then, yes, then, I am familiar with that.
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` Q. And in that situation, the BIP specification
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`recommends to use pairing, correct?
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` A. It -- it does recommend to use pairing in that
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`case.
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` Q. Okay. You analyzed the claims of the '698
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`patent, correct?
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` A. Correct.
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` Q. Why don't we go to independent claim 5.
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` A. Okay.
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` Q. We talked about how the specification says
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`that the method and system disclosed herein is realized
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`with, but not limited to Bluetooth communication,
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`Veritext Legal Solutions
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`Canon Exhibit 1040, Page 14
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`correct?
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` A. Correct.
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` Q. And claim 5 is also not limited to Bluetooth
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`communication, correct?
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` A. I don't see anything in claim 5 that would
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`limit it to simply Bluetooth.
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` Q. So a person of skill in the art reading
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`claim 5 would understand it's not limited to Bluetooth?
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` A. I believe so, yes.
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` Q. Can you turn to dependent claim 19.
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` A. Okay.
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` Q. And that depends from claim 5?
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` A. It does.
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` Q. Dependent claim 19 says "Wherein the
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`short-range paired wireless connection is one of a
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`Bluetooth paired wireless connection, a WiFi paired
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`wireless connection, and other personal area wireless
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`networking technologies that use pairing."
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` Do you see that?
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` A. I do see that.
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` Q. To you, is that claim confirming that claim 5
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`is not limited to Bluetooth?
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` MR. EDMONDS: Objection. Calls for a
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`legal conclusion.
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` A. Yes.
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`Canon Exhibit 1040, Page 15
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` Q. (BY MR. NEWTON) Okay. Claim 19, the
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`dependent claim, is not limited to Bluetooth either?
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` A. No, it is not.
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` Q. I apologize for jumping around, but if you
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`could now go to column 3, line 60 of the '698 patent.
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` A. What was the line again?
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` Q. 60, six zero.
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` A. All right, I'm there.
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` Q. This paragraph is describing an embodiment or
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`an implementation of the patent that does use
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`Bluetooth; is that correct?
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` A. That's correct.
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` Q. That's what BT stands for?
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` A. In -- in this patent, yes. That's a trademark
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`violation, but it -- it is used. British Telecom had
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`it first. British Telecom used it.
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` Q. Starting at line 60 of column 3, the
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`specification says "The BT communication device 201a on
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`the digital data capture device 201 is paired 103 with
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`the mobile device 202 to establish a connection between
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`the digital data capture device 201 and the mobile
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`device 202."
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` Do you see that?
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` A. I do.
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` Q. The next sentence says "BT pairing involves
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`Canon Exhibit 1040, Page 16
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`establishing a connection between two BT devices that
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`mutually agree to communicate with each other."
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`Page 16
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` Do you see that?
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` A. I do, yes.
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` Q. Is that an accurate description of Bluetooth
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`pairing?
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` MR. EDMONDS: Objection. Vague.
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` Q. (BY MR. NEWTON) That sentence?
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` A. I mean, it's part of it. It definitely
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`doesn't encompass every aspect of Bluetooth pairing.
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` Q. But when we talk about or when a person thinks
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`about pairing to Bluetooth devices, that mechanism
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`allows the devices to establish a connection where they
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`mutually agree to communicate with each other. Is that
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`fair?
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` MR. EDMONDS: Objection. Compound.
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`Argumentative. Misstates his answer.
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` A. Well, again, I think it's part of it, but
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`Bluetooth pairing would be establishing a secure and
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`authenticated connection. So there's more to it than
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`just simply a connection.
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` Q. (BY MR. NEWTON) In your opinion, all
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`Bluetooth pairing must involve security and
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`authentication; is that correct?
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` A. For pairing and bonding, I believe they're all
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`Canon Exhibit 1040, Page 17
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`authenticated and then the -- the communication link is
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`encrypted.
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` Q. But isn't one of your opinions that
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`Page 17
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`authentication is optional?
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` A. Yes.
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` Q. So how do you reconcile your opinion that
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`authentication is optional with your testimony that all
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`pairing involves authentication?
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` A. Well, all Bluetooth links aren't paired.
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` Q. So authentication is only optional when you're
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`not pairing in Bluetooth?
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` A. Bluetooth.
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` Q. If you could for the record just tell us what
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`paragraph you're referencing in your declaration.
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` A. Once I get there, I will.
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` Right now I'm looking at paragraph 46 and on
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`the next page it has a table of contents with
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`association models highlighted. And that's under
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`secure simple pairing. And the Just Works association
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`model, which is part of secure simple pairing, that one
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`doesn't really authenticate and that's susceptible to
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`man-in-the-middle attacks. So there are cases of
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`pairing where you're not totally authenticated. And it
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`Just Works would be an example of that.
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` Q. So not all Bluetooth pairing requires
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`Canon Exhibit 1040, Page 18
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`authentication; is that correct?
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` A. Correct.
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` Q. You mentioned security, too. Is it correct
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`that not all Bluetooth pairing requires security?
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` MR. EDMONDS: Objection. Vague.
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` Q. (BY MR. NEWTON) And I should --
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` A. Do you mean encryption by security?
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` Q. No, not necessarily. I just mean security as
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`it's used in the Bluetooth specifications. And I
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`should clarify that I'm not limiting my questions to a
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`particular Bluetooth specification. I would like you
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`to do the same in your answers, so consider, if you
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`could, all Bluetooth specifications that were available
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`as of December of 2007, which I think is version 2.1 +
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`EDR and earlier.
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` MR. EDMONDS: Objection. Vague.
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`Compound.
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` A. The 2.1 + EDR was the current one in 2007.
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`And these questions would be very difficult to answer
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`for every Bluetooth spec, the 1, the 1.1, the 1.2, the
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`2.0, then the 2.1 + EDR, because as new specs came out,
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`some older areas were deprecated or removed, and so --
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`and security was one area where that was done. And so
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`we would really need to talk about a specific version
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`of the specification and I did write my report
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`Canon Exhibit 1040, Page 19
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`considering the 2.1 + EDR specification since I believe
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`POSITA in 2007 would have been looking to use the most
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`current version of the Bluetooth specifications if they
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`were going to use that technology.
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` Q. (BY MR. NEWTON) Okay. So I have a few
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`questions based on that statement.
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` First, the opinions in your declaration are
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`based on the version 2.1 + EDR specification of
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`Bluetooth; is that correct?
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` A. Correct. And any time I quote the Bluetooth
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`specification or pull from it, it is the 2.1 + EDR.
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` Q. Second question is the '698 patent does not
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`specify any particular version of the Bluetooth
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`standard. Do you agree with that?
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` A. I believe that's correct.
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` Q. Next question is you said it would be very
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`difficult to give an answer that encompasses all of the
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`different versions of the specification -- Bluetooth
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`specification. Is that generally accurate?
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` A. Well, it depends on the question. Some things
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`have been consistent throughout the Bluetooth
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`specification, so those ones you could. Other things,
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`you know, have been more fluid and then we'd have to be
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`more specific.
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` Q. Is pairing one of those things that is more
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`Canon Exhibit 1040, Page 20
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`fluid?
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` A. It was. In version 2.1 + EDR, that's the
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`specification that introduced secure simple pairing,
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`which was a major addition to the specification.
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` Q. What was the first version of Bluetooth? Go
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`ahead and answer that.
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` A. 1.0.
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` Q. 1.0. What was the first version that you
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`would say -- and I'm just asking for your opinion --
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`that you would say was widely used by consumers or
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`industry?
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` MR. EDMONDS: Objection. Vague.
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` A. I mean, it -- it depends on what you mean by
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`"widely." The first -- in my opinion, the first --
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`excuse me. The first version of the specification that
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`you could actually build an inoperable product to was
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`1.2.
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` And so some -- some products definitely came
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`out with -- with 1.2. And at the time I believe most
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`of those were mobile phone and headsets. And then with
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`each new specification, it got better and companies
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`implementing it got better and inoperability got
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`better, and then you would see more and different types
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`of products utilizing the technology.
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` Q. (BY MR. NEWTON) Got it.
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`Canon Exhibit 1040, Page 21
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` Version 2.1 + EDR was released in July 2007.
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`Is that your recollection?
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` A. I don't have it in front of me. So I don't
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`recall the exact date, but I have no reason to doubt
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`that.
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` Q. The version prior to 2.1 + EDR was 2.0 + EDR;
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`is that correct?
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` A. That is correct.
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` Q. I'll represent to you that the date I was able
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`to find for the release of version 2.1 + EDR was
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`July 26, 2007.
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` A. Okay. Like I said, I have no reason to doubt
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`that.
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` Q. Is it correct that Bluetooth devices sold
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`before that date would be most likely implementing
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`version 2.0 + EDR?
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` MR. EDMONDS: Objection. Vague.
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` A. I would say 1.2 or 2.0 + EDR would have been
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`the highest probability candidates for devices before
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`2.1 + EDR.
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` Q. (BY MR. NEWTON) How long of a lag was there
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`between the release of a new version of Bluetooth and
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`devices in the commercial market actually adopting that
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`version?
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` A. It -- it depended on the specification. The
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`Canon Exhibit 1040, Page 22
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`2.1 + EDR adoption was very quick because people wanted
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`to take advantage of secure simple pairing. And I --
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`I'm -- even I think products were announced the day 2.1
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`+ EDR was adopted.
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` Q. If you had to try to quantify "very quick,"
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`what -- what would you guess?
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` MR. EDMONDS: Objection. Vague. Calls
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`for speculation.
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` A. As I said, with 2.1 + EDR, I think -- I recall
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`product announcements the day it was adopted. And
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`what --
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` Q. (BY MR. NEWTON) Do you recall which products?
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` A. The CSR Chipset family and then products that
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`utilized that.
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` Q. What would be on the longer end of that lag
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`time?
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` A. Well --
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` MR. EDMONDS: Objection. Vague. Calls
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`for speculation.
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` A. And again, you do have to talk kind of per
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`specification because it depended on what the new
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`features added and how important those were to the
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`marketplace. For example, the 3.0 spec, its hallmark
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`feature was high speed and the industry wasn't super
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`excited about that feature. So that had a -- a pretty
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`long lag time.
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` But as I said, 2.1 + EDR with secure simple
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`pairing was viewed as a very important feature for
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`Bluetooth and so products picked it up very quickly and
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`the Bluetooth SIG put a concerted effort to try to have
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`as many products use that as quickly as possible.
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` Q. (BY MR. NEWTON) I understand that, but if you
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`had to guess at the range, you said some products, like
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`the CSR Chipset family, were announced with 2.1 + EDR
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`around the same time that the version was released.
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` But for that specific version, how long of a
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`lag was there for other products? I'm just trying to
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`find the boundary between day of and two months, three
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`months, four months?
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` MR. EDMONDS: Objection. Vague.
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` A. And that you have to go into the manufacturer
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`and what their product cycle was. A company's product
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`cycle might not have been aligned up with the Bluetooth
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`6 specification cycle, and so it would typically be the
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`next version of their product and if they were creating
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`a new product, a new product line, they would use it
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`immediately. But that, as I said, very much, the
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`Bluetooth SIG mode and their specification adoption,
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`they didn't have any control over members and companies
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`as to what their product cycles were.
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`Canon Exhibit 1040, Page 24
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` Q. (BY MR. NEWTON) So after a version of the
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`Bluetooth standard is released, the time it takes for
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`products to implement that version depends on specific
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`manufacturers and their product cycle. Is that a fair
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`statement?
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` A. That's one of the -- the issues, yes. And
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`with 2.1 + EDR coming out in July, I believe a lot of
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`manufacturers were motivated to have it in their
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`products, you know, that hit the -- the shelves for
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`that Christmas season.
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` Q. Got it.
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` The first generation of the iPhone was
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`released in June 2007, correct?
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` A. I know it was 2007. The exact date, I -- I
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`don't recall.
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` Q. I'll represent to you, again, that I believe
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`it is June 2007.
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` A. And again, I have no reason to doubt that.
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` Q. The first generation of the iPhone used
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`Bluetooth version 2.0 + EDR; is that correct?
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` A. I -- I would have to look that up. Off the
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`top of my head, I -- I don't recall, but again, I have
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`no reason to doubt that.
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` Q. Would that -- if you just had to take a wild
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`guess, would that be your best guess as to the version
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`it was using?
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` MR. EDMONDS: Objection. Calls for
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`speculation. Asked and answered.
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` A. With the date that you represent that it came
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`out, yes, that would -- that would not surprise me.
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` Q. (BY MR. NEWTON) You agree with me that after
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`Bluetooth version 2.1 + EDR was released, there were
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`still products like the first generation iPhone on the
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`market that used earlier versions like 2.0 + EDR?
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` MR. EDMONDS: Objection. Assumes facts
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`not in evidence. Calls for speculation. Compound.
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` A. Yes.
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` Q. (BY MR. NEWTON) If a person of ordinary skill
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`in the art at that time wanted to understand how
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`Bluetooth worked in products like that, they would look
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`to version 2.0 + EDR?
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` MR. EDMONDS: Objection. Vague.
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`Assumes facts not in evidence.
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` A. Well, I still think they would look at 2.1 +
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`EDR because that's backwards compatible with 2.0 + EDR.
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`So if they were looking at creating something new, I --
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`I still stand by my statement that 2.1 + EDR is the
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`most likely candidate.
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` Q. (BY MR. NEWTON) What specification would
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`be -- strike that.
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`Canon Exhibit 1040, Page 26
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` Which specification would a person of ordinary
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`skill in the art most likely look to in December 2007
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`if he or she was trying to connect a Bluetooth 2.0 +
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`EDR device like the first generation iPhone with
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`another Bluetooth 2.0 + EDR device like a headset?
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` MR. EDMONDS: Objection. Assumes facts
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`not in evidence.
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` A. If they were looking at 2, 2.0 + EDR devices,
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`they -- they may look at the -- the 2.0 + EDR
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`specification.
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` Q. (BY MR. NEWTON) Could you go back to claim 5.
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` A. Yes.
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` Q. Go to the limitation that starts with "said
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`first processer." It's on line 59.
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` A. Yes, I'm there.
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` Q. This limitation says "Said first pro
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