UNITED STATES PATENT AND TRADEMARK OFFICE
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Page 112
`
`--------------------------x
`
`COMCAST CABLE )
`
`COMMUNICATIONS, LLC, )
`
` Petitioner, )
`
` )
`
` v. ) Case IPR2019-00555
`
` ) Patent 9,668,014
`
`ROVI GUIDES, INC., )
`
` Patent Owner. )
`
`--------------------------x
`
` Videotaped Deposition of JOHN TINSMAN
`
` Volume II
`
` Washington, D.C.
`
` Tuesday, January 28, 2020 - 8:59 a.m.
`
`
`
`Reported by:
`
`Lori J. Goodin, RPR, CLR, CRR, RSA
`
`Job No.: 26550
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Comcast, Ex. 1132
`Comcast v. Rovi
`IPR2019-00555
`
`
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Page 112
`
`--------------------------x
`
`COMCAST CABLE )
`
`COMMUNICATIONS, LLC, )
`
` Petitioner, )
`
` )
`
` v. ) Case IPR2019-00555
`
` ) Patent 9,668,014
`
`ROVI GUIDES, INC., )
`
` Patent Owner. )
`
`--------------------------x
`
` Videotaped Deposition of JOHN TINSMAN
`
` Volume II
`
` Washington, D.C.
`
` Tuesday, January 28, 2020 - 8:59 a.m.
`
`
`
`Reported by:
`
`Lori J. Goodin, RPR, CLR, CRR, RSA
`
`Job No.: 26550
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Comcast, Ex. 1132
`Comcast v. Rovi
`IPR2019-00555
`
`
`
`Page 113
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` The deposition of JOHN TINSMAN, was
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`convened on Tuesday, January 28, 2020, commencing
`
`at 8:59 a.m., at the offices of
`
` STERNE KESSLER
`
` 1100 New York Avenue, Northwest
`
` # 600
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` Washington, D.C. 20005
`
`before Lori J. Goodin, Registered Professional
`
`Reporter, Certified LiveNote Reporter, Certified
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`Realtime Reporter, Realtime Systems Administrator,
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`California CSR #13959, and Notary Public in and
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`for the District of Columbia.
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` APPEARANCES
`
`On Behalf of the Petitioner:
`
` MICHAEL CUVIELLO, ESQUIRE
`
` BLAIR A. SILVER, ESQUIRE
`
` BANNER WITCOFF
`
` 1100 13th Street, Northwest, Suite 1200
`
` Washington, D.C. 20005
`
` 202-824-3000
`
` mcuviello@bannerwitcoff.com
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` bsilver@bannerwitcoff.com
`
`On Behalf of the Patent Holder:
`
` TYLER J. DUTTON, ESQUIRE
`
` CHRISTIAN A. CAMARCE, ESQUIRE
`
` STEVEN M. PAPPAS, ESQUIRE
`
` STERNE KESSLER GOLDSTEIN & FOX, PLLC
`
` 1100 New York Avenue, Northwest, #600
`
` Washington, D.C. 20005
`
` 202-772-8895
`
` tdutton@sternekessler.com
`
` ccamarce@sternekessler.com
`
` spappas@sternekessler.com
`
`ALSO PRESENT:
`
` Glen Fortner, CLVS
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`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
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`Page 115
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` CONTENTS
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` EXAMINATION BY PAGE
`
` Mr. Cuviello 117, 325
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` Mr. Dutton 318
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`
`
` EXHIBITS
`
` EXHIBIT DESCRIPTION PAGE
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` Exhibit 1131 Notice of Deposition 119
`
` PREVIOUSLY MARKED EXHIBITS
`
` PRIOR MARKED EXHIBITS FIRST REFERRAL
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` 2005 124
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` 2018 132
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` 1101 201
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` 1104 248
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` PROCEEDINGS
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` * * *
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`Page 116
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` THE VIDEOGRAPHER: Here begins Tape
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` Number 1 in the videotaped deposition of John
`
` Tinsman, in the matter of Comcast Cable
`
` Communications LLC v. Rovi Guides, in the
`
` U.S. Patent and Trademark Office, Case Number
`
` IPR2019-00555.
`
` Today's date is January 28, 2020.
`
` The time on the video monitor is 8:59.
`
` The videographer today is Glen
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` Fortner representing Transperfect. This
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` video deposition is taking place at 1100 New
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` York Avenue, Northwest, Washington, D.C.
`
` Would counsel please voice identify
`
` themselves and state whom they represent.
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` MR. CUVIELLO: Yes, good morning. I
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` am Michael Cuviello. I am with the law firm
`
` of Banner Witcoff, and I am here with my
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` colleague, Blair Sliver, and we are here
`
` representing Comcast.
`
` MR. DUTTON: And I am Tyler Dutton
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` from Sterne Kessler Goldstein and Fox, and I
`
` am here on behalf of the patent owner.
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` And with me is Christian Camarce and
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` Steven Pappas, also from Sterne Kessler.
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` THE VIDEOGRAPHER: Great. The court
`
` reporter today is Lori Goodin representing
`
` Transperfect.
`
` Will the reporter please swear in
`
` the witness?
`
` * * *
`
` Whereupon,
`
` JOHN TINSMAN,
`
` a witness called for examination, having been
`
` first duly sworn, was examined and testified as
`
` follows:
`
` * * *
`
` EXAMINATION
`
` BY MR. CUVIELLO:
`
` Q. Good morning.
`
` A. Good morning, sir.
`
` Q. Can you please state your name and
`
` address for the record.
`
` A. Yes. My name is John Tinsman. My
`
` address is 4342 High Castle Lane, Santa Maria,
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` California 93455.
`
` Q. And, just as background, how many
`
` times have you been deposed before?
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` A. Going from memory, four times
`
` before.
`
` Q. What was the nature of those
`
` previous depositions?
`
` A. There was one deposition many years
`
` ago where I was, I guess we would call a fact
`
` witness in a federal district court case around
`
` patents.
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` And then more recently I have been
`
` involved in some depositions with respect to
`
` IPRs.
`
` Q. So that is three depositions with
`
` respect to IPRs?
`
` A. Yes, I believe that is correct.
`
` Q. Okay. And how many times have you
`
` been, for these IPR depositions, there on behalf
`
` of the patent owner?
`
` A. Out of the three times, it was two
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` times for the patent owner.
`
` Q. So, and then one time for a
`
` petitioner?
`
` A. Correct.
`
` Q. Right. You know what, I forgot
`
` one --
`
` So, I'm going to hand you a piece of
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` paper.
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` Have you seen this document before?
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` MR. DUTTON: Counsel, can I also get
`
` a copy?
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` MR. CUVIELLO: Yes. Sure.
`
` THE WITNESS: Yes. Yes, I have seen
`
` this before.
`
` BY MR. CUVIELLO:
`
` Q. And it is the Notice of Deposition.
`
` A. It is the Notice of Deposition.
`
` Q. So, you understand that you are here
`
` today to testify regarding your declaration that
`
` you prepared in relation to IPR2019-00555?
`
` A. Yes, that is my understanding.
`
` Q. And also this IPR addresses U.S.
`
` Patent 9,668,014 entitled Systems and Methods For
`
` Identifying and Storing a Portion of a Media
`
` Asset. Correct?
`
` A. I believe that is correct. I don't
`
` have a copy of the patent in front of me, but the
`
` number looks to be correct.
`
` Q. Okay.
`
` MR. CUVIELLO: Can we mark that
`
` paper as exhibit, I think it is 1131.
`
` (Exhibit Number 1131
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` marked for identification.)
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` BY MR. CUVIELLO:
`
` Q. So, I'm going to refer to the
`
` patent --
`
` A. Just a question, sir. I assume we
`
` are going to get into the patent at some point.
`
` Do you happen to have a copy of it?
`
` Q. I do, yes. And I will provide it
`
` when I get there.
`
` A. Okay.
`
` Q. When I refer to the patent
`
` 9,668,014, I'm going to refer to it as the '014
`
` patent.
`
` So, when I say '014, you will
`
` understand that I'm referring to U.S. 9,668,014?
`
` A. Okay.
`
` Q. Great. Okay. So, I just want to
`
` cover a couple of ground rules. And I'm sure you
`
` are familiar with them since you have been
`
` deposed before.
`
` I'm going to be asking you questions
`
` pertaining to this IPR and to your declaration.
`
` So, if you do not hear my question,
`
` just ask me to repeat it. Or if you don't
`
` understand it, just ask me to repeat it or
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` rephrase it.
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` If you don't ask me a question, I'm
`
` going to assume that you understood the question
`
` and ask that you answer the question.
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` If you don't know the answer to the
`
` question, please say that you don't know the
`
` answer to the question.
`
` Please keep your answers verbal
`
` rather than gestures and uh-huhs and that sort of
`
` thing. Yeses and nos. No nodding.
`
` If you answer a question and at some
`
` point you realize that you answered the question
`
` incorrectly, please feel free to correct
`
` yourself.
`
` If you need a break at any time,
`
` just let me know. I'm going to try to break
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` every hour or so.
`
` A. Thank you.
`
` Q. And, do you have any questions and
`
` do you understand these instructions?
`
` A. I understand the instructions.
`
` Q. Okay. So, is there anything today
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` that would prevent you from providing truthful
`
` and accurate testimony today?
`
` A. No, there is nothing.
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` Q. And, preparing for this deposition,
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` who did you meet with?
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` A. I met --
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` THE WITNESS: Sorry. Did you want
`
` to say something?
`
` MR. DUTTON: I'm going to just
`
` caution the witness. You may answer the
`
` question, but do not divulge any
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` communication you had with counsel.
`
` THE WITNESS: Thank you.
`
` I met with members of Sterne Kessler.
`
` BY MR. CUVIELLO:
`
` Q. Okay.
`
` A. For example, such as Mr. -- such as
`
` Tyler.
`
` Q. Okay. And approximately how long
`
` did you spend preparing for today's deposition?
`
` A. Somewhere between 100 and 150 hours,
`
` roughly. I haven't gotten exact total.
`
` Q. And that is for preparing for the
`
` deposition today?
`
` A. Oh, sorry. Yes. I misunderstood.
`
` That is all of the work,
`
` declarations, everything.
`
` For the deposition today, 20 hours,
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` roughly. 25.
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` Q. And that time was spent with counsel
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` preparing?
`
` A. Principally. Some of it was on my
`
` own, to be clear.
`
` Q. Okay. And, did you review any
`
` materials in preparing for the deposition?
`
` A. I did review materials.
`
` Q. And what were those? --
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` MR. DUTTON: And, again, I'm going
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` to caution the witness. If there is any
`
` communication with counsel, don't -- you
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` don't need to divulge that information.
`
` But to the extent you can answer
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` that question with the materials you reviewed
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` in preparing your declaration and preparing
`
` for this deposition, you may do so.
`
` THE WITNESS: Thank you.
`
` I principally reviewed -- I can't
`
` give you an enumerated list.
`
` But, principally the, a number of
`
` documents that related to the preparation of
`
` the declaration.
`
` So, for example, the declaration and
`
` the patent and some others.
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` BY MR. CUVIELLO:
`
` Q. Okay. And did you bring any
`
` documents with you today?
`
` A. I did not.
`
` Q. Okay. So, I'm going to hand you
`
` what has been marked as Exhibit 2001.
`
` Oh, I'm sorry, I handed you the
`
` wrong declaration.
`
` A. Oh, okay. I was going to ask.
`
` Q. All right. Here is the declaration.
`
` A. Thank you.
`
` (Whereupon, previously marked
`
` Exhibit 2005, first referral.)
`
` BY MR. CUVIELLO:
`
` Q. And it is marked --
`
` A. Down in the lower right, I think.
`
` Q. Yes, I just wanted to make sure it
`
` was the right one. 2005.
`
` So, I'm going to refer to this
`
` document as your declaration.
`
` And so, when I say your declaration,
`
` you will understand I'm referring to
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` Exhibit 2005. Correct?
`
` A. Yes. I understand.
`
` Q. All of the contents of the
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` declaration, the words of the declaration, are
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` they yours?
`
` A. The exact words of the declaration
`
` are not all my words. But, I agree with the
`
` words that are in here completely.
`
` Q. Okay. And can you turn to the last
`
` page of the declaration.
`
` A. This is Page 100.
`
` Q. Yes, Page 100.
`
` A. Yes.
`
` Q. And is that your signature at the
`
` end of the page?
`
` A. It is.
`
` Q. Were there any changes made to the
`
` declaration after you signed it?
`
` A. I'm aware of no changes made to the
`
` declaration after I signed it.
`
` Q. No correcting of typos or changing
`
` of format?
`
` MR. DUTTON: Objection, form.
`
` MR. CUVIELLO: I will just pass on
`
` the question.
`
` BY MR. CUVIELLO:
`
` Q. So, does your signature at the end
`
` of the declaration mean that you adopt these
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` statements as your own?
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` MR. DUTTON: Objection, form.
`
` THE WITNESS: Just to be clear on
`
` what you mean by adopt. I don't want to
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` answer inaccurately.
`
` What do you mean by adopt?
`
` BY MR. CUVIELLO:
`
` Q. Do you stand by the statements in
`
` this declaration?
`
` A. I do stand by my analysis and
`
` statements in this declaration.
`
` Q. And are you aware of anything in the
`
` declaration that might be inaccurate?
`
` A. I'm not aware of anything in the
`
` declaration that is inaccurate.
`
` Q. You also filed a declaration in
`
` support of a patent owner's preliminary response.
`
` Do you recall that?
`
` A. Yes. I recall that.
`
` Q. And, what is the difference between
`
` that declaration that you filed then and the
`
` declaration that is before you now?
`
` MR. DUTTON: Objection, form.
`
` Foundation.
`
` THE WITNESS: I have not gone back
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` and analyzed the differences.
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` I believe principally there are no
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` significant differences between them to the
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` extent that there is overlapping material
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` between them on my positions.
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` BY MR. CUVIELLO:
`
` Q. So, previously you stated that you
`
` spent about 150 hours preparing in total and
`
` 20 hours preparing for this deposition. Correct?
`
` MR. DUTTON: Objection,
`
` mischaracterizes.
`
` THE WITNESS: I think in total it is
`
` roughly 150 hours all together with this
`
` particular IPR, and perhaps 20 hours roughly
`
` for preparing for this deposition.
`
` BY MR. CUVIELLO:
`
` Q. So, is that about 130 hours
`
` preparing this deposition?
`
` MR. DUTTON: Objection, form.
`
` THE WITNESS: I'm not sure I
`
` understand your question. Can you state that
`
` again.
`
` BY MR. CUVIELLO:
`
` Q. You stated that you think you spent
`
` roughly 150 hours total preparing for the IPR.
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` A. Yes.
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` Q. And 20 hours roughly preparing for
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` the deposition.
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` Does that mean you spent 130 hours
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` preparing the deposition -- I mean the
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` declaration. Sorry.
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` A. Good, okay, thank you. I
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` couldn't -- very approximately. I'm just going
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` from recollection on the hours.
`
` Q. Okay. So let's turn to Page 5 -- or
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` Page 2, Paragraph 5 of your declaration.
`
` A. Okay.
`
` Q. This paragraph lists a number of
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` exhibits that you have indicated you have
`
` reviewed.
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` Did counsel for Sterne Kessler
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` provide you these documents?
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` MR. DUTTON: Objection. I'm going
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` to counsel the witness not to answer that
`
` question because it would divulge
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` communications you have had with counsel.
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` THE WITNESS: Okay.
`
` BY MR. CUVIELLO:
`
` Q. Where did you acquire these
`
` documents that you reviewed?
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` A. Isn't that essentially the same
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`Page 129
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` question?
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` Q. No.
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` A. Okay. I think principally the
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` documents were available from counsel, or in some
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` cases I may have located them myself.
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` Q. Can you indicate which documents you
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` located yourself?
`
` A. I can't. I mean, there is a lot of
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` documents.
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` Q. Okay. So, at the end of
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` paragraph --
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` Well, I'm on Page 2.
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` A. Okay.
`
` Q. Fourth line of Paragraph 5 you state
`
` that, "An expert in the field would reasonably
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` rely on them to formulate opinions such as those
`
` set forth in this declaration."
`
` What is that statement based on?
`
` MR. DUTTON: Objection, form.
`
` THE WITNESS: The statement is based
`
` on, given the IPR proceedings, the documents
`
` that have been put forward by both parties,
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` and other analysis which somebody would do,
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` certainly that I would do, in looking at the
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` evidence, I believe that that is what an
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` expert would use. That is where that
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` statement comes from.
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` BY MR. CUVIELLO:
`
` Q. Okay. And did you review a document
`
` entitled Institution Decision?
`
` A. At some point, I believe I did look
`
` at the Institution Decision. I can't recollect
`
` the exact time frame, sir.
`
` Q. Okay. And when I am referring to
`
` the Institution Decision, just to make sure we
`
` are talking about the same thing, I'm referring
`
` to the United States Patent Office's -- Board's
`
` Institution Decision in this matter.
`
` A. That would be the document where
`
` they said go ahead with this proceeding.
`
` Q. Correct.
`
` A. Yes. I believe at some point I
`
` looked at that decision, sir.
`
` Q. Okay. So, I'm going to ask you to
`
` turn to Page 13, Paragraph 27.
`
` A. Page 13, Paragraph 27, yes.
`
` Q. In this paragraph you state that you
`
` understand that March 30th, 2015, is the time of
`
` the invention, to paraphrase.
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` A. Yes, Paragraph 27, using your
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` paraphrasing, says that I understand that
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` March 30, 2015, would be the time frame used for
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` the invention.
`
` Q. Okay. So, when I say at the time of
`
` the invention or time of the invention during
`
` this deposition, you will understand that I'm
`
` referring to March 30th, 2015?
`
` A. Yes, I understand that.
`
` Q. In Paragraph 28, you provide a
`
` description of a person of ordinary skill in the
`
` art with respect to the subject matter in the
`
` '014 patent.
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` So, when I refer to a person of
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` ordinary skill in the art, or a POSA, you
`
` understand that I will be referring to the person
`
` that you describe here in Paragraph 28?
`
` A. Okay. I understand.
`
` Q. Okay. So, I'm going to spend some
`
` time just talking about your education and
`
` background.
`
` With this declaration you submitted
`
` an exhibit marked 2018, which is your CV.
`
` And, with your previous declaration,
`
` prior to the Institution Decision, you submitted
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` a CV marked Exhibit 2002.
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` Do you know what the difference
`
` between these two CVs is -- are?
`
` MR. DUTTON: Objection, foundation.
`
` THE WITNESS: Do you happen to have
`
` copies of those?
`
` BY MR. CUVIELLO:
`
` Q. Yes.
`
` A. Thank you.
`
` (Whereupon, previously marked
`
` Exhibit 2018, first referral.)
`
` BY MR. CUVIELLO:
`
` Q. So, I'm going to hand you
`
` Exhibit 2018, and that is the CV submitted with
`
` this declaration.
`
` I don't have a copy of your previous
`
` CV, but do you recall that you submitted a CV
`
` with your previous declaration?
`
` A. I do recall that. You called out an
`
` Exhibit Number, I believe, which --
`
` Q. 2002.
`
` A. Yes. I did submit a CV with each
`
` declaration.
`
` Q. And, again, I will ask, do you
`
` recall the difference between the two?
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` MR. DUTTON: Objection, foundation.
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` THE WITNESS: Going from memory, I
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` believe the difference is it might be in the
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` patents and published applications list, and
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` possibly in the expert witness services.
`
` BY MR. CUVIELLO:
`
` Q. Okay. And is there anything
`
` inaccurate in your CV?
`
` A. I'm not aware of anything inaccurate
`
` in the CV.
`
` Q. Okay. So, let's go ahead back to
`
` your declaration, starting on Page 6,
`
` Paragraph 9 --
`
` I guess we can start at Paragraph 11
`
` where you discuss your education.
`
` It says that you received a B.A.
`
` and a Master's degree, both in physics, from the
`
` University of California Santa Barbara; is that
`
` correct?
`
` A. Yes.
`
` Q. And when did you get these degrees?
`
` A. Bachelor's degree, 1981. And the
`
` Master's degree in 1983.
`
` Q. And your Master's degree was in the
`
` field of medical and scientific instrumentation,
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` correct?
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` A. Yes, hosted in the Department of
`
` Physics at UC Santa Barbara.
`
` Q. So, I'm going to jump around your
`
` various jobs. So, I want to jump over to
`
` Paragraph 3, in which you describe --
`
` A. I'm sorry. You said paragraph --
`
` Q. 23. At 11. Sorry.
`
` A. 23, okay. I misunderstood you.
`
` Paragraph 23 on Page 11, you said. Okay.
`
` Q. And here you indicate that you
`
` worked for Kudelski Group Intellectual Property
`
` and Innovation.
`
` A. Yes.
`
` Q. And what did you do there?
`
` A. As it says in 23, I served as the
`
` Chief Technologist. And in that role I supported
`
` inventors and innovation within the company. The
`
` Kudelski group has a long history of innovation
`
` and also of patenting their intellectual
`
` property.
`
` So, I was a principal worker in the
`
` efforts to support inventors and encourage
`
` inventors.
`
` Q. You say you supported inventors and
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` then you, in Paragraph 23.
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` What exactly do you mean by
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` supported inventors?
`
` A. A good example would be, I think
`
` like many companies, the Kudelski group
`
` encouraged the disclosure of ideas.
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` And so, there would be various kinds
`
` of meetings where somebody who thought they had a
`
` good idea.
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` And not necessarily a patentable
`
` idea but just a good idea. There would be
`
` meetings to discuss this with inventors or
`
` potential inventors.
`
` Whether it could be a product,
`
` possibly patentable. And they might have
`
` questions, you know, about the process in
`
` Kudelski or about things the company had already
`
` done.
`
` So, I would help with them.
`
` Q. Did you do any design work at
`
` Kudelski, any engineering work?
`
` A. So, I was at Kudelski or its
`
` predecessor for a number of years.
`
` Is there a particular time frame
`
` that you have in mind?
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` Q. I'm referring to your Paragraph 23,
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` 2014 to 2017, as Chief Technologist.
`
` A. As Chief Technologist. I did, I
`
` provided some design assistance in some cases.
`
` Q. And what was that design assistance?
`
` A. That is not something I can talk
`
` about.
`
` Q. Was it hardware design?
`
` MR. DUTTON: Objection, form.
`
` THE WITNESS: It was a system
`
` design.
`
` BY MR. CUVIELLO:
`
` Q. Did it include software programming?
`
` MR. DUTTON: Objection, form.
`
` THE WITNESS: It included some
`
` software elements, yes.
`
` BY MR. CUVIELLO:
`
` Q. Can you tell me what the products
`
` that were designed were?
`
` A. Can I tell you --
`
` I can tell you broadly some of the
`
` things they concerned. I don't think I can tell
`
` you what the products were.
`
` So, broadly, they related to
`
` security of content in multimedia systems.
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` Q. Did anything you did at Kudelski
`
` group relate to electronic program guides?
`
` MR. DUTTON: Objection, form.
`
` THE WITNESS: So, just to be clear,
`
` you are talking about in the time frame of
`
` 2014 to 2017?
`
` BY MR. CUVIELLO:
`
` Q. Yes.
`
` A. And when you say anything to do with
`
` program guides, what do you mean by anything?
`
` Q. Were you involved in the design of
`
` electronic program guides?
`
` MR. DUTTON: Objection, form.
`
` THE WITNESS: I was not involved in
`
` the design of program guides.
`
` BY MR. CUVIELLO:
`
` Q. Okay. So let's move to, back to
`
` Paragraphs 20 and 22.
`
` I want to discuss your time at
`
` OpenTV.
`
` And it is correct that you worked
`
` there at two distinct periods of time?
`
` A. Yes, that's correct.
`
` Q. And in the most recent time period,
`
` 2009 to 2014, your title is Vice President of
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` Engineering?
`
` A. Yes. You are referring to
`
` Paragraph 22? Just so we are clear.
`
` Q. Yes.
`
` A. Okay.
`
` Q. And what were your responsibilities
`
` as Vice President of Engineering?
`
` A. Principally, as it states in
`
` Paragraph 22, I was, for that group responsible
`
` for architectures, technologies and product
`
` development as the Vice President of Engineering
`
` for their advanced advertising group which
`
` included a number of technologies.
`
` And here it mentions, for example,
`
` engagement solutions. As we know advertising
`
` takes many forms.
`
` Q. What is engagement solutions?
`
` A. So, engagement, broadly speaking,
`
` are things that you do to get an audience
`
` interested in what they are watching and to keep
`
` them interested.
`
` A simple example of that might be
`
` the ability to play along with Who Wants to Be a
`
` Millionaire, right. If there were, if there was
`
` such a game show, you can imagine that the
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` broadcaster might want ways to keep the audience
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` sticky and watching and interested.
`
` There are technologies you can
`
` employ to help with that, that would allow them
`
` to play along, for example, on a set-top box or a
`
` mobile device or a home PC.
`
` Q. Okay. And at the bottom of
`
` Paragraph 22, you state, "This work involved
`
` extensive processing and presentation of
`
` advertising and program schedule information,
`
` including database and user interface design and
`
` implementation."
`
` A. Yes.
`
` Q. In that sentence, you refer to
`
` processing.
`
` The -- I assume it was software,
`
` correct?
`
` A. Yes, that system is -- that is
`
` software running on servers.
`
` Q. On servers. Did it run local in a
`
` user's home? For example, on a set-top box?
`
` A. There were two aspects to that work.
`
` A significant aspect was the direct ingest of
`
` things like program guide information, and also
`
` advertising schedules as they are related.
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` And in some cases it also included
`
` synthesizing information that could be pushed
`
` down as part, in the engagement solution.
`
` If you are playing a game and you
`
` have a display up on a set-top box, PC, mobile
`
` phone, it is also an opportunity to advertise.
`
` Q. So, a portion of the software ran on
`
` servers at some upstream location, and some
`
` software ran on a user's device, a cell phone or
`
` a set-top box or some other user device?
`
` A. That's right.
`
` Q. And the extensive processing, that
`
` took place in the servers, or did that take place
`
` in the user's device as well?
`
` A. In this instance, the extensive
`
` processing principally refers to the ingest and
`
` analysis of program guide information and
`
` advertising schedule information.
`
` Q. So, I will just repeat my question.
`
` Did that take place at the servers
`
` or at the user's device?
`
` MR. DUTTON: Objection, form.
`
` THE WITNESS: Principally, it was
`
` upstream at the servers.
`
` BY MR. CUVIELLO:
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` Q. Okay. So, and then your second
`
` period of time, which you describe in
`
` Paragraph 20, was from 2001 to 2007.
`
` And your title there was Director in
`
` the Office of Technology of the -- Chief
`
` Technology Officer. Correct?
`
` A. That's correct.
`
` Q. And what was your responsibility
`
` then?
`
` A. As it states, I think it summarizes
`
` well in Paragraph 20, I worked as a product
`
` architect in Europe, and was also involved in
`
` OpenTV standardization activities.
`
` Th
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