Deposition of:
`Stuart Stubblebine , Ph.D.
`
`November 14, 2019
`
`In the Matter of:
`Nomadix, Inc. v. Guest-Tek Interactive
`
`Veritext Legal Solutions
`888.777.6690 | cs-midatlantic@veritext.com | 215-241-1000
`
`GUEST TEK EXHIBIT 1030
`Guest Tek v Nomadix, IPR2019-00211
`
`
`Stuart Stubblebine , Ph.D.
`
`November 14, 2019
`
`In the Matter of:
`Nomadix, Inc. v. Guest-Tek Interactive
`
`Veritext Legal Solutions
`888.777.6690 | cs-midatlantic@veritext.com | 215-241-1000
`
`GUEST TEK EXHIBIT 1030
`Guest Tek v Nomadix, IPR2019-00211
`
`
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Page 1
`
` GUEST-TEK INTERACTIVE )
` ENTERTAINMENT, LTD, )
` ) IPR2019-00258
` Petitioner,) IPR2019-00211
` )
` vs. )
` )
` NOMADIX, INC. )
` )
` Patent Owner.)
` ______________________)
`
` DEPOSITION OF STUART STUBBLEBINE, Ph.D.
` Irvine, California
` Thursday, November 14, 2019
`
` REPORTED BY: Michelle Milan Fulmer
` CSR No. 6942, RPR, CRR, CRC
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` UNITED STATES PATENT AND TRADEMARK OFFICE
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Page 2
`
` GUEST-TEK INTERACTIVE )
`
` ENTERTAINMENT, LTD, )
`
` ) IPR2019-00258
`
` Petitioner,) IPR2019-00211
`
` )
`
` vs. )
`
` )
`
` NOMADIX, INC. )
`
` )
`
` Patent Owner.)
`
` ______________________)
`
` Deposition of STUART STUBBLEBINE, Ph.D., taken
`
` before Michelle Milan Fulmer, a Certified Shorthand
`
` Reporter for the State of California, with principal
`
` office in the County of Orange, commencing at
`
` 10:05 a.m., Thursday, November 14, 2019, in the law
`
` offices of Knobbe Martens, 2040 Main Street,
`
` 14th Floor, Irvine, California.
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`Page 3
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` A P P E A R A N C E S O F C O U N S E L :
`
` F O R P E T I T I O N E R :
` B A K E R H O S T E T L E R
` B Y : J e f f r e y W . L e s o v i t z , E s q .
` M i c h a e l J . S w o p e , E s q .
` 9 9 9 T h i r d A v e n u e , S u i t e 3 6 0 0
` S e a t t l e , W a s h i n g t o n 9 8 1 0 4
` T E L : ( 2 0 6 ) 3 3 2 - 1 3 8 6
` E M A I L : j l e s o v i t z @ b a k e r l a w . c o m
` m s w o p e @ b a k e r l a w . c o m
`
` F O R P A T E N T O W N E R :
` K N O B B E M A R T E N S
` B Y : D o u g M u e h l h a u s e r , E s q .
` 2 0 4 0 M a i n S t r e e t , 1 4 t h F l o o r
` I r v i n e , C a l i f o r n i a 9 2 6 1 4
` T E L : ( 9 4 9 ) 7 2 1 - 2 9 9 4
` E M A I L : d o u g . m u e h l h a u s e r @ k n o b b e . c o m
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`Page 4
`
` I N D E X
` WITNESS EXAMINATION
` STUART STUBBLEBINE, Ph.D.
` PAGE
` BY MR. LESOVITZ 5, 253
` BY MR. MUEHLHAUSER 250
`
` E X H I B I T S
` Page
` Exhibit Description Identified
` Exhibit 1001 Patent Number US 8,626,922 112
` B2 patent in IPR2019-00253
`
` Exhibit 1001 Patent Number US 7,953,857 150
` B2 patent in IPR2019-00211
` Exhibit 1004 Patent Number 5,864,540 179
` in IPR2019-00211
`
` Exhibit 1005 Patent Number US 7,392,279 238
` B1 in in 2019-00211
` Exhibit 1007 Index: A Platform for 210
` Determining how People Value
` the Quality of their
` Internet Access in
` IPR2019-00211
`
` INSTRUCTION NOT TO ANSWER
`
` PAGE LINE
`
` 28 18
` 72 13
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`Page 5
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` Irvine, California, Thursday, November 14, 2019
`
` 10:05 a.m. - 6:57 p.m.
`
` ***
`
` STUART STUBBLEBINE, Ph.D.,
`
` called as a witness by and on behalf of the
`
` Petitioner, having been first duly sworn by the
`
` Certified Shorthand Reporter, was examined and
`
` testified as follows:
`
` EXAMINATION
`
` BY MR. LESOVITZ:
`
` Q Good morning, Dr. Stubblebine. My name is
`
` Jeff Lesovitz and I represent the
`
` Petitioner Guest-Tek in the IPRs that you've been
`
` working on.
`
` Where do you currently reside?
`
` A My residence is Florida.
`
` Q Where in Florida?
`
` A My state of residence is Florida.
`
` Q Okay. Do you live in a city in Florida?
`
` Can you tell me a city?
`
` A Is that relevant to this?
`
` Q Yes.
`
` A In the Miami Beach area.
`
` Q Miami Beach. Thanks.
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` And you're the same Dr. Stubblebine that
`
` submitted an expert report in the parallel district
`
` court litigation; correct?
`
` MR. MUEHLHAUSER: Objection. Vague.
`
` THE WITNESS: I don't know exactly which
`
` court you're referring to, district court you're
`
` referring to, but I did have another declaration.
`
` BY MR. LESOVITZ:
`
` Q Expert report; correct?
`
` A Yes.
`
` Q Okay. And which district court litigation
`
` was that submitted in?
`
` A I don't know the name of the district
`
` court.
`
` Q Okay. It was in a litigation between
`
` Guest-Tek and Nomadix; correct?
`
` A Yes.
`
` Q And you submitted it recently?
`
` A Yes.
`
` Q Do you know when?
`
` A It was a couple weeks ago.
`
` Q Have you been deposed before?
`
` A Yes.
`
` Q Okay. So I won't go into the instructions
`
` too much, but, first of all, is there any reason you
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` can't testify truthfully and honestly and accurately
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`Page 7
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` today?
`
` A No.
`
` Q Have you taken any medications or drugs
`
` prior to this deposition today?
`
` MR. MUEHLHAUSER: Objection. Vague as to
`
` time.
`
` THE WITNESS: I take -- no, I haven't.
`
` BY MR. LESOVITZ:
`
` Q Now, I'll do my best to ask questions that
`
` are clear and questions that you can understand,
`
` but, you know, if you have any questions, if
`
` something is unclear, just let me know and I'll do
`
` my best to rephrase it.
`
` Do you understand that?
`
` A Yes.
`
` MR. MUEHLHAUSER: Counsel, I'll make a
`
` tentative objection here that I understand that
`
` this deposition is limited to the declarations that
`
` were filed in the two IPR proceedings and it has
`
` nothing to do with any expert report and I'd raise a
`
` further objection if we started to get into an
`
` expert report rather than his declarations.
`
` So just leave it there.
`
` ///
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` BY MR. LESOVITZ:
`
` Q How many cases have you worked on for
`
` Nomadix in the past?
`
` A Several. I've listed them in my C.V.
`
` Q Can you be more specific than several?
`
` A I don't recall the exact number, but there
`
` are other Nomadix cases that occurred previously.
`
` Q Is it more than five?
`
` A I would have to look at my C.V. and the
`
` specific details. Sometimes it gets confusing as to
`
` whether cases are combined or not, whether there's
`
` separate filings of cases or whether it's one case
`
` all combined.
`
` Q You can't tell me whether it's more or less
`
` than five?
`
` A No.
`
` Q Is it more than three?
`
` A I would hesitate to guess without looking
`
` at my C.V.
`
` Q Have you been involved in any prior cases
`
` involving Guest-Tek?
`
` A I believe Guest-Tek was part of a prior
`
` litigation.
`
` Q Okay. And what other defendants were
`
` involved in the prior litigations, do you remember?
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` A I don't recall which ones, how they were
`
` grouped, with respect Nomadix litigation, whether
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` which ones were grouped with Guest-Tek or not.
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` MR. MUEHLHAUSER: I'll just object. This
`
` is questioning outside the scope of direct.
`
` BY MR. LESOVITZ:
`
` Q Do you recall the names of any of the other
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` defendants?
`
` MR. MUEHLHAUSER: Same objection.
`
` THE WITNESS: I don't understand the
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` question.
`
` BY MR. LESOVITZ:
`
` Q Do you recall the names of any of the other
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` defendants that were involved in the district court
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` litigations that you worked on previously on behalf
`
` of Nomadix?
`
` A You're asking about any district court
`
` litigation in the past?
`
` Q Correct.
`
` MR. MUEHLHAUSER: Objection. Outside the
`
` scope of direct.
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` THE WITNESS: I believe AT&T was one. I
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` think those were listed in my C.V.
`
` Do you have a copy of my C.V.?
`
` ///
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` BY MR. LESOVITZ:
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` Q We can look at the C.V. I'm just asking if
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` you recall right now.
`
` A AT&T. I believe Guest-Tek.
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` I don't. I need to refresh myself with the
`
` C.V.
`
` Q Okay. Have you worked on IPR proceedings
`
` in the past?
`
` A Yes.
`
` Q Roughly how many?
`
` A You're saying IPR proceedings, regardless
`
` of who's involved?
`
` Q Correct.
`
` A I don't know without looking at my C.V.
`
` Q Do you think it was more than 10?
`
` A I don't know. I doubt it.
`
` Q Have you worked on IPR proceedings on
`
` behalf of Nomadix, other than the two that we're
`
` dealing with right now?
`
` A There may have been. I need to look at my
`
` C.V. I submitted a C.V. and also case list prior to
`
` this. That would show it.
`
` Q Okay. So which cases have you been deposed
`
` in in the past?
`
` A That's explicitly listed on my C.V. I
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` don't --
`
` Q You don't remember right now?
`
` A Which specific cases of all the cases I've
`
` worked on?
`
` Q Well, first of all, how many times have you
`
` been deposed before in the past?
`
` A I don't know.
`
` Q Is it more than five?
`
` A Yes.
`
` Q More than 10?
`
` A I believe so.
`
` Q Can you give me an estimate?
`
` A I believe the number of cases are listed on
`
` my C.V. if you go through where I mention
`
` depositions.
`
` Q But, otherwise, you don't remember?
`
` A No. That's not something I memorize.
`
` Q Okay. How did you first become an expert
`
` for Nomadix?
`
` MR. MUEHLHAUSER: Objection. Vague.
`
` THE WITNESS: I don't recall.
`
` BY MR. LESOVITZ:
`
` Q You don't recall how you came about to be
`
` an expert for Nomadix?
`
` A I was -- obviously I was contacted in some
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` manner. I don't recall who contacted me.
`
` Q Were you contacted by a law firm?
`
` A I believe so, but I'm not certain.
`
` Q Were you contacted by a lawyer? Was it
`
` somebody from Knobbe that contacted you to be an
`
` expert?
`
` A I suspect so, but I don't recall.
`
` Q Prior to being involved in litigation, have
`
` you ever heard of Nomadix?
`
` MR. MUEHLHAUSER: Objection. Vague.
`
` THE WITNESS: Which litigation are you
`
` referring to?
`
` BY MR. LESOVITZ:
`
` Q The first time you were an expert for
`
` Nomadix, prior to that litigation, had you heard of
`
` Nomadix?
`
` A I don't believe so.
`
` Q You're being compensated for your work on
`
` these IPR proceedings?
`
` A Yes.
`
` Q Is it a rate, like an hourly rate?
`
` A I have an hourly rate.
`
` Q And what is that?
`
` A That's 900 per hour.
`
` Q Is that --
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` A And an increase in each calendar year.
`
` Q Okay. Is that for deposition time as well?
`
` A That's for all time I spend working.
`
` Q Okay. Is that the same in a district court
`
` case as well?
`
` A It's the same.
`
` MR. MUEHLHAUSER: Objection. Outside the
`
` scope of direct.
`
` BY MR. LESOVITZ:
`
` Q How much have you been paid overall by
`
` Nomadix for these two IPR proceedings?
`
` A When you're saying -- I don't recall
`
` billing specifically and breaking it up by the IPR.
`
` As you mentioned, there was other litigation going
`
` on as well.
`
` Q So you submit one invoice to Knobbe or
`
` Nomadix or whoever pays and that invoice will
`
` include the district court and the IPR proceedings?
`
` A If there's time going on for that month for
`
` both IPR and district court, then I submit one
`
` invoice.
`
` Q Okay. Do you recall when you submitted
`
` your first invoice?
`
` MR. MUEHLHAUSER: Objection. Vague.
`
` THE WITNESS: With respect to what
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` litigation?
`
` BY MR. LESOVITZ:
`
` Q With respect to the IPR proceedings.
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` First of all, do you know when you were
`
` first contacted to work on these IPR proceedings?
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` A I believe, with respect to these IPRs, it
`
` was after I'd already started doing the district
`
` court litigation.
`
` Q Can you give me a time when you were
`
` first -- when you first began working on the IPRs?
`
` A It was before the first report was due in
`
` this litigation. It was during when I was preparing
`
` the first report.
`
` Q Can you give me a day?
`
` A No.
`
` Q Can you give me a week in a month?
`
` A I brought a copy, clean copy of the
`
` declarations. I know I've got a signature date on
`
` those.
`
` So I see that I've signed it on
`
` September 19th. So it would have been within a few
`
` weeks before then.
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` Q September 19th is when you signed it.
`
` So how many weeks before?
`
` A Within a few. I don't know exactly.
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` Q Well, I mean, what is a few? Two weeks?
`
` A Again, I don't know exactly.
`
` Q Is it within two weeks, within three weeks?
`
` A I don't know.
`
` Q You don't remember when you first started
`
` working in this IPR?
`
` MR. MUEHLHAUSER: Objection. Asked and
`
` answered.
`
` THE WITNESS: No.
`
` BY MR. LESOVITZ:
`
` Q Can you tell me which month you began
`
` working in the IPR?
`
` A I don't know for certain. I suspect it
`
` would have been August or September, but, again, I
`
` don't know.
`
` Q So, as far as you know, you could have
`
` started September 18th?
`
` MR. MUEHLHAUSER: Objection.
`
` Mischaracterizes testimony.
`
` THE WITNESS: Again, I don't know.
`
` BY MR. LESOVITZ:
`
` Q Okay. Then back to my prior question about
`
` your compensation.
`
` Can you give me a rough estimate as to how
`
` much you've been compensated for the IPRs and the
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` district court on behalf of Nomadix?
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` MR. MUEHLHAUSER: Objection. Outside the
`
` scope of direct.
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` THE WITNESS: So you're asking about the
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` IPRs and the district court litigation?
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` BY MR. LESOVITZ:
`
` Q Right.
`
` You said that you don't break up your
`
` invoices based on whether it's the IPR proceedings
`
` or district court; correct?
`
` A Correct.
`
` Q So there's no way to figure out how much
`
` you've been paid for your work with respect to the
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` IPR proceedings?
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` A I disagree.
`
` Q How would you figure that out?
`
` A I put down on my invoice, on my timesheet I
`
` put down activities when I work on the IPR.
`
` Q Okay. So the invoices that you submit
`
` would have activities listed for the IPR and also
`
` activities listed for the district court case?
`
` A Yes.
`
` Q Got it.
`
` And you submit monthly invoices?
`
` A Approximately monthly.
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` Q Do you recall what your invoice was for
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` September, for the work that you did in September?
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` A You're asking about the invoice for all my
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`Page 17
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` activities for Nomadix?
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` Q Correct.
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` A For September, included activities related
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` to the litigation, which included traveling with
`
` respect to the litigation, I believe it was under
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` 200K.
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` Q Do you know what percentage of that would
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` have been for the district court versus the IPR
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` proceedings?
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` A No.
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` Q Can you give me a rough estimate?
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` A I don't know. I'd have to look at my
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` timesheets.
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` Q Do you recall what the invoice was for your
`
` activities in August of 2019?
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` MR. MUEHLHAUSER: Objection. Outside the
`
` scope of direct.
`
` THE WITNESS: Can you repeat the question?
`
` Repeat the question, please.
`
` BY MR. LESOVITZ:
`
` Q Sure.
`
` Do you recall the invoice amount for your
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` activities that were performed in August on behalf
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` of Nomadix?
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` A I don't recall the exact amount. I seem to
`
` recall it was close to 25,000, but I don't recall
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` the entire dollar amount. That's a guess.
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` Q I assume you can't give me an estimate as
`
` to how much of that, if any, pertained to the IPR
`
` proceedings?
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` A No.
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` Q Do you recall how many hours you spent
`
` preparing the declaration that you submitted in the
`
` IPR proceedings?
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` A No.
`
` Q Was it 10 hours?
`
` A It would have been more than that.
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` Q 20?
`
` A I don't know.
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` Q So other than more than 10 hours, you can't
`
` tell me how much work you did for the IPR
`
` proceedings?
`
` Sorry. Let me rephrase that.
`
` Other than saying that it was more than 10
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` hours, you can't recall a specific amount of time
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` that you spent preparing your declaration?
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` MR. MUEHLHAUSER: Objection. Vague as to
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` which declaration.
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` THE WITNESS: I don't recall the specific
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`Page 19
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` amount of time.
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` BY MR. LESOVITZ:
`
` Q Do you recall when you first began working
`
` on the district court case?
`
` MR. MUEHLHAUSER: Objection. Outside the
`
` scope of direct.
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` THE WITNESS: I began -- I believe I began
`
` working late summer.
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` BY MR. LESOVITZ:
`
` Q This past summer?
`
` A Uh-huh.
`
` Q Prior to that, you were not involved in the
`
` district court litigation between Nomadix and
`
` Guest-Tek?
`
` A I'm not certain.
`
` Q From late summer until now, do you know how
`
` much you've charged Nomadix for your work?
`
` A So you're including all litigation matters?
`
` Q Well, have you worked on additional
`
` litigation matters for Nomadix besides the Nomadix
`
` versus Guest-Tek case?
`
` MR. MUEHLHAUSER: Objection. Asked and
`
` answered. Objection. Outside the scope of direct.
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` THE WITNESS: The work that I've been doing
`
` lately has been related to these patents in the IPRs
`
` as well as the Guest-Tek litigation.
`
` BY MR. LESOVITZ:
`
` Q So other than the Guest-Tek litigation and
`
` these IPRs, have you done any work for Nomadix?
`
` A When?
`
` Q Since the summer of 2019.
`
` A I don't believe so.
`
` Q Okay. Since the summer of 2019 until
`
` today, how much have you charged Nomadix for your
`
` work?
`
` MR. MUEHLHAUSER: Objection. Outside the
`
` scope of direct.
`
` THE WITNESS: I don't know exactly.
`
` BY MR. LESOVITZ:
`
` Q Can you give me an estimate?
`
` A I would estimate it was what we discussed
`
` before about somewhere near 200 for the two months
`
` and 25 for the other month.
`
` Q Which two months were the 200 for? I know
`
` you told me September you charged 200.
`
` A September and October, roughly 200.
`
` Q Each?
`
` A Yes. Roughly. Not exactly.
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` Q Okay. And then August was 25?
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` A I don't know exactly, but I believe it was
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`Page 21
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` around that number.
`
` Q How about May, June, July?
`
` A I don't recall invoicing.
`
` Q So as far as you recall, you started
`
` working for Nomadix in August of this year for the
`
` district court litigation?
`
` A It may have been before August.
`
` MR. MUEHLHAUSER: Objection. Outside the
`
` scope of direct.
`
` BY MR. LESOVITZ:
`
` Q But you don't recall?
`
` A That's right.
`
` Q Now, you said that you worked on a prior
`
` district court litigation for Nomadix.
`
` Can you give me a rough estimate as to how
`
` much you charged for your work in connection with
`
` all other district court litigations?
`
` MR. MUEHLHAUSER: Objection. Outside the
`
` scope of direct.
`
` THE WITNESS: I'm not sure if I understand
`
` your question.
`
` Can you repeat it, please, or --
`
` ///
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` BY MR. LESOVITZ:
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` Q Sure. Yeah. I'm not trying to trick you
`
` or anything.
`
` You know prior -- you said you worked on
`
` another district court litigation or multiple
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` district court litigations for Nomadix other than
`
` the current litigation with Guest-Tek; right? I'm
`
` trying to get an idea of what's the total amount you
`
` have charged Nomadix for your work.
`
` MR. MUEHLHAUSER: Objection. No question
`
` pending.
`
` BY MR. LESOVITZ:
`
` Q Can you tell me how much the total amount
`
` you've charged Nomadix since you first started
`
` working for Nomadix until today?
`
` A I don't know.
`
` Q You can't give me a rough estimate?
`
` A No. I don't recall how much I charged
`
` prior to this recent round.
`
` Q Can you give me a range of how much you've
`
` charged, in total?
`
` I mean, obviously you've charged more than
`
` $425,000, right, because that's what you charged
`
` since the summer.
`
` So how much have you charged overall in a
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` range?
`
` MR. MUEHLHAUSER: Objection.
`
` Argumentative. Objection. Outside the scope of
`
` direct.
`
` THE WITNESS: I don't believe I agree with
`
` your premise that I've charged, at least, this much.
`
` I don't recall how much I've charged.
`
` BY MR. LESOVITZ:
`
` Q Is that not what --
`
` Okay. You estimated that it was 200,000
`
` for one month, 200,000 for another month, and then
`
` 25 for another month; right?
`
` A That is correct.
`
` Q That was your estimate.
`
` Can you give me a similar estimate since
`
` day one when you first started working for Nomadix
`
` until today?
`
` MR. MUEHLHAUSER: Objection. Outside the
`
` scope of direct.
`
` THE WITNESS: I don't know.
`
` BY MR. LESOVITZ:
`
` Q Was it over $500,000?
`
` A Since day one?
`
` Q Since day one. Since the first day that
`
` you started working for Nomadix.
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` A I believe so.
`
` Q Was it over 600?
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` MR. MUEHLHAUSER: Objection. Outside the
`
` scope of direct.
`
` THE WITNESS: I don't know the amount.
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` BY MR. LESOVITZ:
`
` Q Can you give me an estimate? Was it over
`
` 800?
`
` MR. MUEHLHAUSER: Caution the witness not
`
` to guess.
`
` THE WITNESS: I don't know. The other
`
` litigation was a while ago. I don't remember.
`
` BY MR. LESOVITZ:
`
` Q Do you recall how long you worked on the
`
` other litigation?
`
` MR. MUEHLHAUSER: Objection. Outside the
`
` scope of direct.
`
` THE WITNESS: I don't know.
`
` BY MR. LESOVITZ:
`
` Q Was it for a month or was it for a year?
`
` MR. MUEHLHAUSER: Objection. Outside the
`
` scope of direct.
`
` BY MR. LESOVITZ:
`
` Q If you need time to think about it, you
`
` can, you know, take as much time as you need. I
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` just want an accurate answer.
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` MR. MUEHLHAUSER: Caution the witness not
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` to guess.
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` THE WITNESS: I can't give you an accurate
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` answer. I don't know.
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` BY MR. LESOVITZ:
`
` Q Can you give me an estimate?
`
` MR. MUEHLHAUSER: Objection. Outside the
`
` scope of direct.
`
` THE WITNESS: I would say the prior work
`
` was more than a month.
`
` BY MR. LESOVITZ:
`
` Q Was it more than six months?
`
` A I doubt it.
`
` Q Was it two months, three months?
`
` A I don't know.
`
` Q Can you tell me -- can you give me an
`
` estimate of the number of hours that you worked on
`
` in that prior litigation?
`
` MR. MUEHLHAUSER: Objection. Outside the
`
` scope of direct. Caution the witness not to guess.
`
` THE WITNESS: I don't know.
`
` BY MR. LESOVITZ:
`
` Q 10 hours, 20?
`
` A Again, I don't know.
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`Page 26
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` pending.
`
` BY MR. LESOVITZ:
`
` Q Do you recall what you did on behalf of
`
` Nomadix in that prior litigation?
`
` First of all, is it one prior litigation or
`
` is it multiple litigations, do you remember?
`
` A Like I said, I'm not exactly sure how they
`
` were grouped.
`
` Q Do you recall how many prior expert reports
`
` you submitted?
`
` A If you show me my vitae, we can go over
`
` that.
`
` Q Why don't we do that.
`
` You don't have a copy in your binder?
`
` A No.
`
` Q Okay. Do you have any notes on the paper
`
` you have sitting in front of you?
`
` A No.
`
` MR. MUEHLHAUSER: Counselor, if you're
`
` going to pursue this line of questioning, I might
`
` have to call the PTAB.
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` MR. LESOVITZ: Are you saying it's not
`
` relevant?
`
` MR. MUEHLHAUSER: I'm saying, you know, you
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` haven't yet asked anything about the declarations
`
` that he's submitted on these IPRs. You're
`
` concentrating --
`
` MR. LESOVITZ: You submitted a declaration
`
` because --
`
` MR. MUEHLHAUSER: Let me just finish.
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` MR. LESOVITZ: Doug, you're interrupting.
`
` MR. MUEHLHAUSER: No. You're interrupting.
`
` I started to say something on the record.
`
` You're concentrating on going into work
`
` that he's done for Nomadix in litigation matters in
`
` district court in prior cases. I think that's
`
` outside the scope of direct. I've been giving you a
`
` lot of latitude here. We've done nothing but that
`
` since the deposition started.
`
` If it continues, we'll call the PTAB.
`
` MR. LESOVITZ: I'm questioning about his
`
` prior work experience, including the stuff in his
`
` C.V. I think that's perfectly --
`
` MR. MUEHLHAUSER: You haven't asked him
`
` about the C.V. since we started.
`
` MR. LESOVITZ: The cases are written in his
`
` C.V. That's exactly what we're talking about.
`
` MR. MUEHLHAUSER: And he told you that and
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` you refused to pull it out and talk about it.
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` BY MR. LESOVITZ:
`
` Q Did you prepare your declaration yourself
`
` for the IPR proceeding?
`
` A I had help from lawyers in preparing my
`
` declaration.
`
` Q Did you prepare the first draft?
`
` MR. MUEHLHAUSER: I'll object to discussion
`
` about draft expert reports or declarations.
`
` You can answer the question.
`
` What was the --
`
` MR. LESOVITZ: It's a yes or no question.
`
` MR. MUEHLHAUSER: -- pending question? Can
`
` I have the question read back?
`
` (Whereupon, the record was read
`
` back by the reporter as follows:)
`
` "Q Did you prepare the first
`
` draft?"
`
` MR. MUEHLHAUSER: I'm going to instruct you
`
` not to answer.
`
` MR. LESOVITZ: Whether he prepared the
`
` first draft of his declaration?
`
` MR. MUEHLHAUSER: Yeah, because you're
`
` getting into discussion about draft reports and
`
` draft declarations.
`
` MR. LESOVITZ: Doug, I'm not asking about
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`Page 29
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` the substance of the draft.
`
` MR. MUEHLHAUSER: I heard the question.
`
` I'm instructing him not to answer.
`
` MR. LESOVITZ: Whether he prepared the
`
` first draft?
`
` MR. MUEHLHAUSER: You're talking about a
`
` draft. You wan
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