Highly Confidential
`Mark N. Horenstein, Ph.D. - January 8, 2020
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`VS.
`
` IN THE UNITED STATES DISTRICT COURT
` SOUTHERN DISTRICT OF CALIFORNIA
`_____________________________
`BELL NORTHERN RESEARCH, LLC )
` Plaintiff,
` )
` )
` ) 3:18-cv-01784-CAB-BLM
` )
`COOLPAD TECHNOLOGIES, INC., )
`AND YULONG COMPUTER
` )
`COMMUNICATIONS,
` )
` Defendants.
` )
`_____________________________)
`_____________________________
`BELL NORTHERN RESEARCH, LLC, )
` Plaintiff, )
` )
` ) 3:18-cv-01786-CAB-BLM
` )
` )
`ZTE CORPORATION,
` )
`ZTE (USA) INC.,
` )
`ZTE (TX), INC.,
` )
` Defendants.
`_____________________________)
`
`VS.
`
` HIGHLY CONFIDENTIAL
`
` ORAL AND VIDEOTAPED DEPOSITION OF
` MARK N. HORENSTEIN, Ph.D.
` JANUARY 8, 2020
`
`REPORTED BY:
`CHRISTY R. SIEVERT, CSR, RPR
`
`GregoryEdwards, LLC | Worldwide Court Reporting
`GregoryEdwards.com | 866-4Team GE
`
`SAMSUNG EXHIBIT 1031
`Samsung Electronics Co., Ltd. v. Bell Northern Research, LLC
`IPR2019-01365
`
`Page 1 of 312
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`
`Mark N. Horenstein, Ph.D. - January 8, 2020
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`Page 1
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`VS.
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` IN THE UNITED STATES DISTRICT COURT
` SOUTHERN DISTRICT OF CALIFORNIA
`_____________________________
`BELL NORTHERN RESEARCH, LLC )
` Plaintiff,
` )
` )
` ) 3:18-cv-01784-CAB-BLM
` )
`COOLPAD TECHNOLOGIES, INC., )
`AND YULONG COMPUTER
` )
`COMMUNICATIONS,
` )
` Defendants.
` )
`_____________________________)
`_____________________________
`BELL NORTHERN RESEARCH, LLC, )
` Plaintiff, )
` )
` ) 3:18-cv-01786-CAB-BLM
` )
` )
`ZTE CORPORATION,
` )
`ZTE (USA) INC.,
` )
`ZTE (TX), INC.,
` )
` Defendants.
`_____________________________)
`
`VS.
`
` HIGHLY CONFIDENTIAL
`
` ORAL AND VIDEOTAPED DEPOSITION OF
` MARK N. HORENSTEIN, Ph.D.
` JANUARY 8, 2020
`
`REPORTED BY:
`CHRISTY R. SIEVERT, CSR, RPR
`
`GregoryEdwards, LLC | Worldwide Court Reporting
`GregoryEdwards.com | 866-4Team GE
`
`SAMSUNG EXHIBIT 1031
`Samsung Electronics Co., Ltd. v. Bell Northern Research, LLC
`IPR2019-01365
`
`Page 1 of 312
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`Highly Confidential
`Mark N. Horenstein, Ph.D. - January 8, 2020
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`Page 2
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` DEPOSITION of MARK N. HORENSTEIN, Ph.D.,
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`produced as a witness at the instance of the
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`Defendant, and duly sworn, was taken in the
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`above-styled and numbered cause on the 8th day of
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`January, 2020, from 8:35 a.m. to 5:05 p.m., before
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`Christy R. Sievert, CSR, RPR, in and for the State
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`of Texas, reported by machine shorthand, at the
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`offices of Skiermont Derby, 1601 Elm Street, Suite
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`4400, Dallas, Texas 75201, pursuant to the Federal
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`Rules of Civil Procedure and the provisions stated
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`on the record or attached hereto.
`
`GregoryEdwards, LLC | Worldwide Court Reporting
`GregoryEdwards.com | 866-4Team GE
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`Highly Confidential
`Mark N. Horenstein, Ph.D. - January 8, 2020
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`Page 3
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` A P P E A R A N C E S
`
`FOR THE PLAINTIFF:
`
` MS. SADAF R. ABDULLAH
` MR. JOSEPH M. RAMIREZ
` Skiermont Derby, LLP
` 1601 Elm Street, Suite 4400
` Dallas, Texas 75201
` Phone: 214-978-6615
` E-mail: sabadullah@skiermontderby.com
` jramirez@skiermontderby.com
`
`FOR THE DEFENDANTS COOLPAD TECHNOLOGIES, INC., AND
`YULONG COMPUTER COMMUNICATIONS:
`
` MR. JAMES Y. HURT
` Perkins Coie
` 11452 El Camino Real, Suite 300
` San Diego, California 92130
` Phone: 858-720-5780
` E-mail: jhurt@perkinscoie.com
`
`FOR THE DEFENDANTS ZTE CORPORATION, ZTE (USA) INC.,
`and ZTE (TX) INC.:
`
` MR. THOMAS DAMARIO
` McDermott, Will & Emery
` 444 West Lake Street, Suite 4000
` Chicago, Illinois 60606
` Phone: 312-372-2000
` E-mail: tdamario@mwe.com
`
`ALSO PRESENT:
`
` LUIS ACEVEDO, Videographer
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`GregoryEdwards.com | 866-4Team GE
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`Highly Confidential
`Mark N. Horenstein, Ph.D. - January 8, 2020
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`Page 4
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` I N D E X
` PAGE
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`Appearances................................... 3
`
`Exhibits.................................... 5-6
`
`Proceedings................................... 7
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`MARK N. HORENSTEIN, Ph.D.:
`
` Examination by Mr. Hurt..................... 8
` Examination by Mr. DaMario................ 292
` Examination by Ms. Abdullah............... 306
`
`Changes and Signature................... 309-310
`
`Reporter's Certification................ 311-312
`
` *******
`
`GregoryEdwards, LLC | Worldwide Court Reporting
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`Highly Confidential
`Mark N. Horenstein, Ph.D. - January 8, 2020
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`Page 5
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` E X H I B I T S
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`NUMBER DESCRIPTION PAGE
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`Exhibit 1 Resumé 12
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`Exhibit 2 Google Scholar 12
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`Exhibit 3 U.S. Patent No. 7,319,889 B2 132
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`Exhibit 4 U.S. Patent No. 8,204,554 B2 132
`
`Exhibit 5 Expert Report of Mark N. 205
` Horenstein, Ph.D.
`
`Exhibit 6 U.S. Patent Application 215
` Publication No. US2004/0225904 A1
` DEFBNRPA_000006780 - 6786
`
`Exhibit 7 Japanese Unexamined Patent 227
` Application Publication
` No. 2000-106598
` DEFBNRPA_000002277 - 2281
`
`Exhibit 8 U.S. Patent No. 5,881,377 240
`
`Exhibit 9 Japanese Unexamined Patent 255
` Application Publication
` No. H11-220432
` DEFBNRPA_000002292 - 2297
`
`Exhibit 10 U.S. Patent No. 5,864,316 258
` DEFBNRPA_000009499 - 9523
`
`Exhibit 11 U.S. Patent No. 6,246,862 B1 260
`
`Exhibit 12 U.S. Patent Application 269
` Publication No. U.S. 2005/003793 A1
` DEFBNRPA_00015949 - 15954
`
`Exhibit 13 Microelectronic Circuits 271
` and Devices, Second Edition
`
`Exhibit 14 A Symbolic Analysis of Relay 73
` and Switching Circuits
`
`Exhibit 15 Drawing 132
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`Highly Confidential
`Mark N. Horenstein, Ph.D. - January 8, 2020
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`Page 6
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` E X H I B I T S
` (continued)
`
`NUMBER DESCRIPTION PAGE
`
`Exhibit 16 Molecular Sensors and 153
` Nanodevices
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`Exhibit 17 Mini Laser Range Finder 185
`
`Exhibit 18 U.S. Patent No. 7,039,435 B2 294
`
`Exhibit 19 European Patent Application 298
` No. EP 1 091 498 A1
` DEFBNRPA_000002339 - 2348
`
`Exhibit 20 Application for United States 299
` Letters Patent
` DEFBNRPA_000015181 - 15209
`
`Exhibit 21 U.S. Patent No. 5,390,338 300
` DEFBNRPA_000009492 - 9498
`
` *******
`
`GregoryEdwards, LLC | Worldwide Court Reporting
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`Highly Confidential
`Mark N. Horenstein, Ph.D. - January 8, 2020
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`Page 7
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` P R O C E E D I N G S
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` THE VIDEOGRAPHER: We're on the
`
`record for the deposition of Dr. Mark Horenstein.
`
`The time is 8:35 a.m. on January 8, 2020, in the
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`matter of Coolpad Technologies, Inc., et al., vs.
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`ZTE Corporation, et al., Civil Action
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`No. 317-cv-01783-CAB-BLM, being held in the United
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`States District Court for the Southern District of
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`California.
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` The court reporter is Christy Sievert.
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`The videographer is Luis Acevedo. Both are
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`representatives of Gregory Edwards, LLC.
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` Will counsel please state their
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`appearances for the record.
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` MR. HURT: James Hurt from Perkins
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`Coie on behalf of the Coolpad defendants, Coolpad
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`Technologies, Incorporated, and Yulong Computer
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`Communications.
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` I would like to clarify for the record
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`that this is in the matter of Bell Northern
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`Research, LLC, vs. Coolpad Technologies
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`Incorporated, et al.
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` MS. ABDULLAH: Sadaf Abdullah from the
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`law firm Skiermont Derby on behalf of the plaintiff,
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`Bell Northern Research, and on behalf of the
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`Highly Confidential
`Mark N. Horenstein, Ph.D. - January 8, 2020
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`Page 8
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`witness. And with me is Joe Ramirez, also from
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`Skiermont Derby.
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` And I would like to further clarify
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`that the deposition is in the Coolpad case as well
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`as the ZTE case.
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` MR. DAMARIO: Tom DaMario from
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`McDermott, Will & Emery on behalf of the ZTE
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`defendants.
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` MARK N. HORENSTEIN, Ph.D.
`
` having been first duly sworn,
`
` testified as follows:
`
` EXAMINATION
`
`BY MR. HURT:
`
` Q. Good morning.
`
` A. Good morning.
`
` Q. Can you please state and spell your name
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`for the record?
`
` A. Mark, M-a-r-k, Horenstein,
`
`H-o-r-e-n-s-t-e-i-n.
`
` Q. Have you been deposed before?
`
` A. Yes.
`
` Q. Approximately, how many times?
`
` A. About 35 times.
`
` Q. So you're pretty familiar with the ground
`
`rules, so I'm just going to go over this real
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`Highly Confidential
`Mark N. Horenstein, Ph.D. - January 8, 2020
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`quickly with you.
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` Do you understand that you're under oath
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`today?
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` A. Yes.
`
` Q. Do you understand that that oath requires
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`you to tell the truth as if you were testifying in
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`court?
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` A. Yes.
`
` Q. And you understand that your testimony
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`today may be played in a public trial in this matter
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`and may become part of the public record?
`
` A. Yes.
`
` Q. Is there any reason why you can't provide
`
`complete, accurate and truthful testimony this
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`morning?
`
` A. No.
`
` Q. If you don't understand a question, please
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`jus let me know, and I will attempt to clarify or
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`rephrase the question. Can we agree to that?
`
` A. Yes.
`
` Q. If I ask you a question and you answer it,
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`I'm going to assume that you understood the
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`question. Is that fair?
`
` A. Yes.
`
` Q. Let me know if you need to take a break and
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`Highly Confidential
`Mark N. Horenstein, Ph.D. - January 8, 2020
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`we can take one. We'll plan on taking breaks
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`approximately every hour or so. The only time we
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`can't take a break is if there's a question pending.
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`In that case, please answer the question, and then
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`we'll take a break. Is that okay?
`
` A. Yes.
`
` Q. If for whatever reason during the day you
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`later remember an answer to a question I previously
`
`asked or remember additional details, please finish
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`answering the pending question and then let me know
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`that you would like to augment your previous answer,
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`and I'll be sure to let you do that. Is that okay?
`
` A. I don't understand exactly what you mean.
`
`If I wanted to append an answer to an earlier
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`question?
`
` Q. Yes, augment or -- if I ask you a question
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`and you say you don't know or you don't remember and
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`then sometime later on today you happen to remember
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`the answer to that question, I would like you to
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`just inform me of that, and then I'll go ahead and
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`let you go back and answer -- or augment your answer
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`to that question.
`
` A. So even if the pending question is
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`unrelated to the --
`
` Q. That's correct.
`
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`Highly Confidential
`Mark N. Horenstein, Ph.D. - January 8, 2020
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`Page 11
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` A. -- the question about which I remembered
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`something?
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` Q. Correct. So finish answering the pending
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`question and then just say, "Hey, I would like to go
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`back to a previous question you asked because I
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`remembered something that I didn't know at the time
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`and I would like to go ahead and augment my answer
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`to that." Is that okay?
`
` A. Understood.
`
` Q. Okay. It's important that we not talk over
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`each other so that the court reporter can take down
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`what we're saying accurately. Can we agree not to
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`talk over each other today?
`
` A. Yes.
`
` Q. Occasionally, after I ask a question your
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`attorney may lodge an objection. Before answering
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`my question, please give your attorney a moment to
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`object. But unless she specifically instructs you
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`not to answer the question, go ahead and answer the
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`question. Can we agree to that?
`
` A. Yes.
`
` Q. So I understand that you were deposed
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`yesterday by Mr. DaMario. Is that correct?
`
` A. Yes.
`
` Q. So I apologize, I wasn't here for that
`
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`Highly Confidential
`Mark N. Horenstein, Ph.D. - January 8, 2020
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`deposition, obviously, so you may get a repeat of
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`some of those questions. So please just humor me
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`and answer the questions for my benefit. I would
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`appreciate that.
`
` A. Okay.
`
` Q. All right. So I had the court reporter
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`premark some exhibits. I am going to hand you
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`what's Exhibit 1 and 2.
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` (Exhibit Nos. 1 - 2 identified.)
`
`BY MR. HURT:
`
` Q. Have you seen these documents before?
`
` A. I have seen Exhibit 1, which is a copy of
`
`my resumé. I have not seen Exhibit 2.
`
` Q. Okay. What does Exhibit 1 appear to be?
`
` A. As I said, it's a recent copy of my resumé.
`
` Q. Is it an accurate reproduction of your
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`resumé?
`
` A. As far as I know.
`
` Q. Okay. And Exhibit 2 you said you've never
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`seen before. Can you go ahead and take a look at
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`Exhibit 2 and familiarize yourself with it for a
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`second?
`
` A. (Reviews document.)
`
` Okay. I've gone through the document, but
`
`I forgot what your question was, if you had one.
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`Page 13
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` Q. I didn't have one yet.
`
` A. Okay.
`
` Q. Does Exhibit 2 appear to be an accurate
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`reproduction of your list of publications?
`
` A. No.
`
` Q. And what is inaccurate with respect to
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`Exhibit 2?
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` A. Some of the publications that appear are
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`not publications that I authored.
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` Q. I see. So I'll represent to you that I
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`downloaded that exhibit from a link on Boston
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`University's website that had you listed as faculty,
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`and it had a link to the Google Scholar. I
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`apologize for the inaccuracy of Google Scholar.
`
`Unfortunately, I don't control that.
`
` But in general, the majority of the
`
`publications that are listed there, you authored,
`
`correct?
`
` A. That's right.
`
` Q. I would like to switch gears a little bit.
`
` You attended Massachusetts Institute of
`
`Technology and graduated in 1973, correct?
`
` A. For my bachelor's degree, yes.
`
` Q. What did you study while you were there?
`
` A. I studied electrical engineering.
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` Q. And what does the field of electrical
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`engineering entail?
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` A. At the undergraduate level, the curriculum
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`encompasses a broad range of topics.
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` Q. Such as?
`
` A. They can -- they -- the topics include
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`electrical circuits, electronics, advanced
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`electronics, electromagnetics, signals and systems.
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`At that time, it was just computer programming, not
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`digital systems, because the microprocessor hadn't
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`been invented yet when I got my bachelor's degree,
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`but we studied computer programming and solid state
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`physics, solid state devices. Those are some of the
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`curriculum areas that come to mind. I'm sure there
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`were more.
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` Q. When you say "solid state devices," you
`
`mean semiconductors, correct?
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` A. Both. Semiconductor materials as to
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`physical materials and also how those materials are
`
`formed into transistors.
`
` Q. Understood. Great.
`
` And then you went on to University of
`
`California at Berkeley and received a master's -- or
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`a master's of science in electrical engineering in
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`1975, correct?
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` A. Yes.
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` Q. And what did you study for your master's
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`degree?
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` A. My primary focus was in the area of applied
`
`electromagnetics. I studied beam plasma
`
`interactions and -- and optical amplifier as part of
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`my master's research. And I also did a minor in
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`solid state physics as part of that degree.
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` Q. Is there a reason why beam plasma
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`interactions and optical amplifiers -- strike that.
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` Does beam plasma interactions and optical
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`amplifiers fall under the study of solid state
`
`optics, in your opinion?
`
` A. Yes.
`
` Q. Did you write a thesis for your master's at
`
`Berkeley?
`
` A. I did not.
`
` Q. So then you continued on and it looks like
`
`you went back to MIT to get your Ph.D. in electrical
`
`engineering in 1978. Is that correct?
`
` A. Yes.
`
` Q. And what did you do -- what did you study
`
`for that?
`
` A. I, again, focused on applied
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`electromagnetics with a minor in solid state devices
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`and physics.
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` Q. Did you write a thesis for that?
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` A. I did.
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` Q. As part your studies throughout any of your
`
`degrees, your bachelor's, your master's or your
`
`Ph.D., did you study computer architecture?
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` MS. ABDULLAH: Objection; vague.
`
` A. What do you mean by "computer
`
`architecture"?
`
`BY MR. HURT:
`
` Q. Do you know what -- do you -- do you know
`
`what a Harvard architecture is?
`
` A. A Harvard architecture? I'm not familiar
`
`with that term.
`
` Q. Have you heard of computers that have
`
`separate instruction and data memory addressing?
`
` A. I'm familiar with the concept.
`
` Q. So that's known as the Harvard
`
`architecture.
`
` A. I see.
`
` Q. Did you at any time during your education
`
`study embedded systems?
`
` A. They did not exist in the time frame of my
`
`education. The microprocessor was newly emergent
`
`and nascent at that time.
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` Q. At any time during your education, did you
`
`study sensors?
`
` A. Sensors? Yes.
`
` Q. When?
`
` A. Generally part of the curriculum, in
`
`particular how to sense electric and magnetic
`
`fields, among other things. I also used an optical
`
`sensing device as part of my -- my Ph.D. thesis,
`
`which relied on ultraviolet -- and ultraviolent lamp
`
`and some sort of sensor to measure the reflected
`
`light from the ultraviolet lamp.
`
` Q. At any time during your education, did you
`
`study wireless communications?
`
` A. No, I don't believe wireless -- well, I
`
`should say I have a strong background in radio
`
`communications. Because of my study in electro- --
`
`my studies in applied electromagnetics and also my
`
`lifelong hobby as an amateur radio operator,
`
`wireless as we know it today in the form of WiFi did
`
`not yet exist when I was earning my degrees.
`
` Q. So you're familiar, though, with, for
`
`example, AM modulation, FM modulation and the
`
`various forms of digital modulation?
`
` A. Yes.
`
` Q. At any time during your education did you
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`study VLSI design?
`
` A. I studied VLSI design postgraduate.
`
` Q. And what does VLSI stand for?
`
` A. Very large scale integrated circuits.
`
` Q. And what does that mean to you?
`
` A. It means combining a large number of
`
`transistors operating as a circuit onto a single
`
`silicon chip.
`
` Q. Would you agree that the definition of a
`
`large number of transistors has changed over the
`
`years?
`
` A. Yes.
`
` Q. Are you familiar with Moore's Law?
`
` A. Yes.
`
` Q. What is Moore's Law?
`
` A. Moore's Law states that the size of a -- of
`
`a single transistor on an IC -- I'm not sure I know
`
`it exactly, but it's like halved every two years, or
`
`the number of the transistors you can fit onto an
`
`area of a silicon chip has doubled approximately
`
`every two years.
`
` Q. Do you happen to know what technology node
`
`we're currently at?
`
` A. I did because I recently had to reference
`
`it, but I don't remember it today.
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` Q. Would you agree that Moore's Law is having
`
`difficulty continuing its pace of integration in the
`
`last five years?
`
` MS. ABDULLAH: Objection; foundation,
`
`outside scope.
`
` A. There has been speculation that it will
`
`cease to be a factor, but solid state physics
`
`continually surprises us with yet another data
`
`point.
`
`BY MR. HURT:
`
` Q. I would agree with that.
`
` At any time during your education, did you
`
`study software?
`
` A. Yes.
`
` Q. What types of software?
`
` A. In my undergraduate and graduate years. Of
`
`course, there were no portable computers. The IBM
`
`PC hadn't emerged yet. So everything was done on
`
`mainframe and the primary language used in those
`
`days was FORTRAN.
`
` Q. FORTRAN 45?
`
` A. I don't remember the suffix.
`
` Q. Do you ever recall programming in FORTRAN
`
`45?
`
` A. I may or may not. I don't know the -- as I
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`said, I don't remember the suffix of the compiler
`
`that I used. And I probably used several over the
`
`years because my FORTRAN training started in my
`
`sophomore year, and I used FORTRAN on my graduate
`
`thesis. So that was a span of at least six years.
`
` Q. Any other programming languages that you
`
`know or your consider yourself familiar with?
`
` A. When I first came to Boston University, the
`
`language of choice was Pascal. That did not last
`
`very long. I subsequently learned C, C++ and gained
`
`familiarity with Java, also the basic programming
`
`language, which is not widely used anywhere anymore.
`
`And also MATLAB software, which is similar to C but
`
`has some differences.
`
` Q. Do you know who Walter Savage is?
`
` A. The name sounds familiar, but I don't
`
`remember.
`
` Q. He's the inventor of Pascal. He taught at
`
`the university that I went to. Just curious.
`
` A. Okay.
`
` Q. I want to take care of a couple house
`
`cleaning items. During the day I'm likely to use
`
`some acronyms or abbreviations. So I would just
`
`like to clear up to make sure that we're on the same
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`page.
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` If I use the acronym "BNR," you'll
`
`understand that to mean Bell Northern Research, the
`
`plaintiff in this case?
`
` A. Yes.
`
` Q. If I use the three digit '889, you'll
`
`understand that to refer to U.S. Patent
`
`No. 7,318,889, yes?
`
` A. Yes.
`
` Q. And if I use the three digit '554 patent,
`
`you'll understand I'm referring to U.S. Patent
`
`No. 8,204,554, yes?
`
` A. Yes.
`
` Q. And if I use the three digit '435 number,
`
`you'll understand that I'm referring to the U.S.
`
`Patent 7,039,435, yes?
`
` A. Yes.
`
` Q. And if I use the term "the Goris patents,"
`
`you'll understand that I'm collectively referring to
`
`both U.S. Patent No. 7,318,889 and U.S. Patent
`
`No. 8,204,554, yes?
`
` A. Correct, yes.
`
` Q. Are you currently employed?
`
` A. Yes.
`
` Q. By whom are you employed?
`
` A. Boston University.
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` Q. What is your current title?
`
` A. Professor.
`
` Q. And what are your current responsibilities?
`
` A. Research, teaching and
`
`administration/service.
`
` Q. How long have you been in that role?
`
` A. As a professor?
`
` Q. Yes.
`
` A. Since the year 2000. So that would be
`
`20 years, approximately.
`
` Q. Have you always been a professor at Boston
`
`University?
`
` A. No.
`
` Q. What were you prior to that?
`
` A. I was an associate professor from 1985 to
`
`2000 and an assistant professor from 1979 to 1985.
`
`And I also have served as the associate dean for
`
`graduate programs and research from 1999 to 2007.
`
`That would have been concurrently with my
`
`appointments as associate and then professor. I
`
`also worked for a year prior to BU at Spire
`
`Corporation, approximately 1978 to 1979.
`
` Q. Are your responsibilities materially
`
`different from being an assistant professor to an
`
`associate professor?
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` MS. ABDULLAH: Objection; vague.
`
` A. The promotion comes with it an assumption
`
`that the scope of your endeavors will expand
`
`commensurate with the promotion.
`
`BY MR. HURT:
`
` Q. Similar for a promotion from associate
`
`professor to the professor position?
`
` A. Yes.
`
` Q. So you started doing research as an
`
`assistant professor in 1979, correct?
`
` A. What do you mean by "started doing
`
`research"?
`
` Q. Well, you said that when I asked what your
`
`current responsibilities were as a professor, that
`
`you did research and teaching administration, or
`
`something to that extent; is that right?
`
` A. I did say that.
`
` Q. So when you said you did research, what did
`
`you mean by that?
`
` A. I think the term as it's known in academia
`
`speaks for itself. It entails identifying problems
`
`in need of solution, trying to obtain grant money to
`
`support students to work on the project, writing
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`papers if solutions to problems are found or new
`
`discoveries are made. But just to be clear, I
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`started doing research as an undergraduate and did
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`it throughout my student years as well, and I did
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`research at Spire Corporation.
`
` Q. Understood. Understood. Very good.
`
` Do you have any direct reports in your
`
`role as professor at Boston University?
`
` A. What do you mean by "direct reports"?
`
` Q. Do you have, like, a management chain? Do
`
`you have people that you directly supervise?
`
` A. That I supervise?
`
` Q. Yes.
`
` A. I do.
`
` Q. Do you write performance reviews for those
`
`people?
`
` A. I do.
`
` Q. What sorts of people do you have that
`
`report to you that you write performance reviews
`
`for?
`
` A. I'm the supervisor for the manager of the
`
`electronics teaching lab. And just as a point of
`
`information, I was asked a similar question
`
`yesterday, and I forgot that one supervisor- --
`
`supervisory role, so I omitted it from my list of
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`reports. And of course, I also supervise graduate
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`students and undergraduates who are doing research
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`in my lab.
`
` Q. Do you supervise any other professors at
`
`Boston University?
`
` A. No.
`
` Q. In your role as supervising the graduate
`
`students, are you responsible for writing
`
`evaluations of their studies and matriculation
`
`towards graduation?
`
` A. No.
`
` Q. Do you typically serve on their Ph.D.
`
`committees?
`
` A. Yes.
`
` Q. As part of your role on their Ph.D.
`
`committees, do you have a say as to whether or not
`
`they're going to be awarded their Ph.D.?
`
` A. Of course.
`
` Q. Who do you currently report to?
`
` A. I'm not sure.
`
` Q. Do you have a boss at Boston University?
`
` A. I will say that our department has a chair
`
`and our college has a dean. The university has a
`
`provost and a president. As to who I report to,
`
`it's a little unclear.
`
` Q. But you -- I generally understand that in
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`academic environments, that professors are generally
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`given pretty free rein to do as they want as long as
`
`they are furthering the educational message of the
`
`university. Would you agree with that statement?
`
` MS. ABDULLAH: Objection; form.
`
` A. That's an accurate statement.
`
`BY MR. HURT:
`
` Q. If for whatever reason you were to do
`
`something that were against university regulations
`
`and they needed to terminate you, who would be the
`
`person who would be doing the termination?
`
` MS. ABDULLAH: Objection; outside
`
`scope.
`
` You can answer.
`
` A. I'm not sure.
`
`BY MR. HURT:
`
` Q. Fair enough.
`
` Are classes currently in session at Boston
`
`University?
`
` A. No.
`
` Q. When do classes start?
`
` A. Roughly the third week in January.
`
` Q. You're a teaching professor at Boston
`
`University, yes?
`
` A. No.
`
` Q. Do you teach classes at Boston University?
`
`GregoryEdwards, LLC | Worldwide Court Reporting
`GregoryEdwards.com | 866-4Team GE
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`Highly Confidential
`Mark N. Horenstein, Ph.D. - January 8, 2020
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` A. Yes.
`
` Q. Are you going to be teaching a class in the
`
`upcoming term at Boston University?
`
` A. No.
`
` Q. How often do you teach classes at Boston
`
`University?
`
` A. Generally every semester.
`
` Q. Is there a reason why you're not teaching
`
`in the upcoming term?
`
` A. Yes.
`
` Q. And what is that reason?
`
` A. I'll be on sabbatical next semester.
`
` Q. Very good. Do you have anything planned
`
`for sabbatical? Anything interesting?
`
` A. I am going to continue with my research
`
`endeavors and not be distracted by teaching
`
`responsibilities.
`
` Q. Do you consider teaching responsibilities a
`
`distraction?
`
` A. I'm not saying it's an unpleasant
`
`distraction, but it does reduce the time one can
`
`devote to research.
`
` Q. Understood.
`
` So what courses have you taught in the
`
`past?
`
`GregoryEdwards, LLC | Worldwide Court Reporting
`GregoryEdwards.com | 866-4Team GE
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`Page 27 of 312
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`Highly Confidential
`Mark N. Horenstein, Ph.D. - January 8, 2020
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` A. I have taught a number of courses that have
`
`inc
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