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`Page 1
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` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
` ------------------------------
` ADVANCED MICRO DEVICES, INC.,
` Petitioner,
` v.
` MONTEREY RESEARCH LLC,
` Patent Owner.
` ------------------------------
` Case No. IPR2020-00985
` U.S. Patent 6,651,134
`
` ------------------------------
`
` REMOTE VIDEOTAPED DEPOSITION OF R. JACOB BAKER
` Friday, February 12, 2021
`
`Reported By: Lynne M. Ledanois, CSR 6811
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`516-608-2400
`
`Patent Owner Monterey Research, LLC
`Exhibit 2006, 0001
`
`

`

`Page 4
`1 I N D E X O F E X A M I N A T I O N
`2 Examination by: Page
`3 Mr. Wueste 9
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`456789
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`Page 3
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`Page 5
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`1 I N D E X O F E X H I B I T S
`2 Deposition Description Page
`3 Exhibit 2003 Document headed, DRAM
`4 Circuit Design; 76
`
`56
`
` PREVIOUSLY MARKED
`7 NUMBER PAGE
`8 Exhibit 1002 23
`9 Exhibit 1003 107
`10 Exhibit 1005 145
`11 Exhibit 1010 180
`12
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`Page 2
`1 UNITED STATES PATENT AND TRADEMARK OFFICE
`2 BEFORE THE PATENT TRIAL AND APPEAL BOARD
`3 ------------------------------
`4 ADVANCED MICRO DEVICES, INC.,
`5 Petitioner,
`6 v.
`7 MONTEREY RESEARCH LLC,
`8 Patent Owner.
`9 ------------------------------
`10 Case No. IPR2020-00985
` U.S. Patent 6,651,134
`
`11
`
` ------------------------------
`
`12
`13
`14 Videotaped deposition of R. JACOB
`15 BAKER, taken in Las Vegas, Nevada, commencing
`16 at 8:50 a.m., on Friday, February 12, 2021
`17 before Lynne Ledanois, Certified Shorthand
`18 Reporter No. 6811
`19
`20
`21
`22
`23
`24
`25
`
`1 A P P E A R A N C E S:
`
`23
`
`Counsel for the Petitioner:
`4 DESMARAIS LLP
`5 BY: MICHAEL WUESTE
`6 Attorney at Law
`7 230 Park Avenue
`8 New York, New York 10169
`9 mwueste@desmaraisllp.com
`10
`11 Counsel for the Patent Owner:
`12 O'MELVENY & MYERS LLP
`13 BY: BRIAN MERRILL COOK
`14 Attorney at Law
`15 400 S. Hope Street
`16 18th Floor
`17 Los Angeles, California 90071
`18 bcook@omm.com
`19
`20
`21
`22 ALSO PRESENT:
`23 Chris Neal, Videographer
`24 Andrew Snellen, Veritext Technician
`25
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`2 (Pages 2 - 5)
`
`516-608-2400
`
`Patent Owner Monterey Research, LLC
`Exhibit 2006, 0002
`
`

`

`Page 6
`
`Page 8
`
`1 Friday, February 12, 2021
`2 8:50 a m.
`3 _______________________________________________
`4 VIDEOGRAPHER: Good morning. We're
`5 going on the record at approximately
`6 8:50 a m. on February 12th, 2021.
`7 Please note that your microphones are
`8 sensitive and may pick up whispering,
`9 private conversations and cell phones.
`10 Please turn off all cell phones or
`11 place them away from the microphones as they
`12 can interfere with the deposition audio.
`13 Audio and video recording will
`14 continue to take place unless all parties
`15 agree to go off the record.
`16 This is Media Unit 1 of the
`17 video-recorded deposition of Dr. R. Jacob
`18 Baker in the matter of Advanced Micro
`19 Devices Incorporated, petitioner, versus
`20 Monterey Research LLC, patent owner.
`21 This case is filed in the United
`22 States Patent and Trademark Office before
`23 the Patent Trial and Appeal Board. Case
`24 number IPR2020-00985.
`25 Today's deposition is being held via
`
`1 R. JACOB BAKER, PH.D.,
`2 having been duly sworn, testified as follows:
`3 EXAMINATION
`4 VIDEOGRAPHER: You may proceed,
`5 counsel.
`6 BY MR. WUESTE:
`7 Q Good morning, Dr. Baker.
`8 A Good morning.
`9 Q Please state and spell your name and
`10 address for the record.
`11 A Russell, R-U-S-S-E-L, Jacob,
`12 J-A-C-O-B, Baker, B-A-K-E-R.
`13 My address is 6775 Agave, which is
`14 spelled A-G-A-V-E, Azul, which is spelled
`15 A-Z-U-L, Court, Las Vegas, Nevada 89120.
`16 Q Dr. Baker, you understand that
`17 although we're taking this deposition remotely,
`18 you're under oath today just as you would be in
`19 front of a jury?
`20 A Yes.
`21 Q Is there any reason you're not able to
`22 testify truthfully and accurately today?
`23 A No.
`24 Q Dr. Baker, you've been deposed before;
`25 correct?
`
`Page 7
`
`Page 9
`
`1 remote video conference and all parties are
`2 at their own respective locations.
`3 My name is Chris Neal from the firm
`4 vary tech legal solutions and I'm the
`5 videographer. The court reporter is Lynne
`6 Ledanois, also from the firm Veritext Legal
`7 Solutions.
`8 I'm not related to any party in this
`9 action nor am I financially interested in
`10 the outcome in any way.
`11 Counsel and everyone attending
`12 remotely will now state their appearances
`13 and affiliations for the record. If there
`14 are any objections to proceeding, please
`15 state them at the time of your appearance
`16 beginning with the noticing attorney.
`17 MR. WUESTE: Michael Wueste from
`18 Desmarais LLP representing patent owner
`19 Monterey research LLC.
`20 MR. COOK: This is Brian Cook with
`21 O'Melveny & Myers representing petitioner
`22 Advanced Micro Devices.
`23 VIDEOGRAPHER: Thank you. Will the
`24 court reporter please swear in the witness.
`25
`
`1 A Yes.
`2 Q Have you done any remote depositions?
`3 A Yes.
`4 Q Roughly how many remote depositions
`5 have you done?
`6 A About a half dozen.
`7 Q Okay. I'll go over basic rules
`8 quickly since you are an experienced witness.
`9 Obviously we're doing this remotely
`10 and I'm noticing at least a little bit of a lag.
`11 So it's important even more than usual that we
`12 not talk over each other.
`13 I'll do my best to give you some time
`14 to make sure you finish your answer before
`15 asking another question. And I'll ask that you
`16 do the same for me. Okay?
`17 A Yes.
`18 Q I'll try to take a break roughly every
`19 hour or so. If you need break, please feel free
`20 to ask. The only thing I request is that you
`21 not request a break while there is a question
`22 pending.
`23 Is that okay?
`24 A Yes.
`25 Q Obviously we're doing this virtually,
`
`212-267-6868
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`Veritext Legal Solutions
`www.veritext.com
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`3 (Pages 6 - 9)
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`516-608-2400
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`Patent Owner Monterey Research, LLC
`Exhibit 2006, 0003
`
`

`

`Page 10
`1 so I have a couple of additional questions.
`2 You mentioned before that you are
`3 located at Agave Azul Court in Las Vegas,
`4 Nevada. Is that where you're located today to
`5 provide your testimony?
`6 A Yes.
`7 Q And is that your home or an office?
`8 A It's my home and I have a conference
`9 room and an office in my home.
`10 Q Okay. Is there anybody else in the
`11 room with you today?
`12 A No.
`13 Q Do you have any documents in the room
`14 with you today?
`15 A Yes.
`16 Q And what are those documents?
`17 A I have a clean version of my
`18 declaration in this matter for the '134 patent
`19 and then I have the '134 patent itself, clean as
`20 well.
`21 Q Any other documents?
`22 A No.
`23 Q Okay. Did you print out those copies
`24 of the documents, your declaration in this
`25 matter and the '134 patent yourself?
`
`Page 12
`1 have another TV up on the wall that's connected
`2 to my control for audiovisual system in my home.
`3 And I have an Ethernet switch and a remote
`4 control also in this room.
`5 Q Okay. Aside from the device you're
`6 using to appear over Zoom today and the Polycom
`7 phone, do you have your cell phone or tablet or
`8 any other kind of electronic communication
`9 device in your room with you?
`10 A No.
`11 Q Okay. And just to confirm, the
`12 Polycom phone is off and unconnected right now;
`13 correct?
`14 A It's off. It's still connected to the
`15 wall.
`16 Q My apologies. The Polycom phone in
`17 front of you is off or you said disengaged;
`18 correct?
`19 A Yes.
`20 Q Okay. So right now -- strike that.
`21 You are currently connected to the
`22 Zoom application; correct?
`23 A Yes.
`24 Q And you're currently connected to the
`25 exhibit share application; correct?
`
`Page 11
`
`Page 13
`
`1 A Yes.
`2 Q Okay. And just to confirm, you
`3 mentioned earlier that your declaration was
`4 clean. Purely for the record, there are no
`5 notes on the declaration -- on the copy of your
`6 declaration you have with you today?
`7 A Correct, there is no writing. It's
`8 not been marked or annotated in any way.
`9 Q Okay. And the same question for the
`10 '134 patent. The copy of the '134 patent you
`11 have with you today is clean, no notes or marks
`12 or annotations?
`13 A Correct.
`14 Q Okay. And just to cross my T's and
`15 dot my I's, are there any other paper documents
`16 in your room today that you used in preparation
`17 for this deposition?
`18 A No.
`19 Q Dr. Baker, do you have any other
`20 electronic devices in the room with you other
`21 than the device you're using to appear over Zoom
`22 right now?
`23 A I have a Polycom phone, which is not
`24 engaged or off. I have a TV I use for
`25 projecting in the conference room. And then I
`
`1 A I'm logged into the Veritext exhibit
`2 share, yes.
`3 Q So right now in the room with you, am
`4 I correct in understanding that the only means
`5 of communications you have open are the Zoom
`6 application and exhibit share application?
`7 A I have my email open as well and my
`8 Chrome web browser.
`9 Q Would you please close your email in
`10 your Chrome web browser for the duration of this
`11 deposition?
`12 A Yes.
`13 Q Just to confirm, you've now closed out
`14 of your email application?
`15 A Yes.
`16 Q Okay. Dr. Baker, you understand that
`17 you've been sworn in and you may not communicate
`18 with anyone about the substance of your
`19 testimony during the course of this deposition?
`20 A Yes.
`21 Q Dr. Baker, what did you do to prepare
`22 for today's deposition?
`23 MR. COOK: I'll just caution the
`24 witness not to reveal any attorney-client
`25 communication or attorney work product. But
`
`212-267-6868
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`Veritext Legal Solutions
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`4 (Pages 10 - 13)
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`Patent Owner Monterey Research, LLC
`Exhibit 2006, 0004
`
`

`

`Page 14
`1 otherwise, go ahead and answer the question.
`2 THE WITNESS: I reviewed my
`3 declaration, cited materials, other
`4 documents in the proceedings and I met with
`5 AMD's attorneys.
`6 BY MR. WUESTE:
`7 Q I would like to start with the
`8 documents you reviewed. So you reviewed your
`9 declaration and the materials cited within your
`10 declaration; correct?
`11 A Yes.
`12 Q And you mentioned other documents in
`13 the proceeding. What other documents were
`14 those?
`15 A The patent owner preliminary response,
`16 the -- I forget what it's called, response to
`17 the patent owner preliminary response and then
`18 the surreply to that response. I don't remember
`19 exactly the names. And then the only other one
`20 I reviewed was the decision.
`21 Q And by decision, am I to take that to
`22 mean the institution decision filed by the
`23 Patent Trials and Appeals Board?
`24 A Yes.
`25 Q Okay. How many hours did you spend
`
`Page 15
`1 reviewing those documents in advance of today's
`2 deposition?
`3 A I don't remember exactly, but I think
`4 on my own it was about three hours.
`5 Q Okay. Were there any other documents,
`6 aside from the ones already mentioned, that you
`7 reviewed in preparation for today's deposition?
`8 A I don't think so. I think that was
`9 it.
`10 Q You mentioned you met with AMD's
`11 counsel. Without getting into any privileged
`12 conversations, whom from AMD's counsel did you
`13 meet with?
`14 A Mr. Cook and Mr. Whilt.
`15 Q Could you spell the latter person's
`16 name for the record, please?
`17 A Whilt is spelled W-H-I-L-T.
`18 Q Thank you, sir. For how long did you
`19 meet with Mr. Cook and Mr. Whilt in preparation
`20 for today's deposition?
`21 A Around six hours.
`22 Q Did you meet or speak with anybody
`23 else either from AMD's counsel or otherwise in
`24 preparation for today's deposition?
`25 A I think technically the answer is yes,
`
`Page 16
`1 because during our meeting yesterday, we met
`2 with the Veritext folks about today's
`3 deposition.
`4 Q Okay. Beyond the Veritext folks that
`5 you mentioned as well as AMD's counsel, did you
`6 meet or speak with anybody else in preparation
`7 for today's deposition?
`8 A No.
`9 Q And just to confirm, when you met with
`10 the Veritext folks, that was to walk you through
`11 using the Veritext platform and exhibit share
`12 platforms?
`13 A Yes.
`14 Q Thank you, sir.
`15 Dr. Baker, you understand you're
`16 testifying today regarding an inter partes
`17 review or IPR petition that AMD has brought
`18 against U.S. Patent Number 6,651,134 owned by my
`19 client, Monterey Research LLC?
`20 A Yes.
`21 Q And you've already done so, so if I
`22 continue to refer to that patent as the '134
`23 patent, you'll understand what I mean?
`24 A Yes.
`25 Q When were you retained to provide your
`
`Page 17
`1 opinions regarding the '134 patent in this IPR
`2 proceeding?
`3 A I believe it was earlier last year in
`4 2020.
`5 Q Can you give a rough, you know, month
`6 or date when you were retained in 2020?
`7 A If I had to guess, I would say
`8 February or March.
`9 Q How were you retained for this IPR
`10 proceeding regarding the '134 patent? Was it
`11 through an engagement letter or something
`12 similar?
`13 A Yes.
`14 Q What did you discuss with counsel for
`15 AMD before you signed your engagement letter?
`16 MR. COOK: I'll caution the witness
`17 not to reveal any attorney-client
`18 communications. I'm not sure what that
`19 question is trying to get at.
`20 THE WITNESS: I don't know if I
`21 discussed anything or if I did, I don't
`22 recall what I discussed. It was a year ago.
`23 BY MR. WUESTE:
`24 Q Okay. Did, for example, you get a
`25 copy of the '134 patent before signing your
`
`212-267-6868
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`Veritext Legal Solutions
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`5 (Pages 14 - 17)
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`Exhibit 2006, 0005
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`

`

`Page 18
`
`1 engagement letter?
`2 A I don't know. I don't remember.
`3 Q Okay. In this IPR proceeding you've
`4 put forth some opinions regarding the validity
`5 of the '134 patent; correct?
`6 A Yes.
`7 Q I know you're very experienced. In
`8 roughly how many patent cases have you provided
`9 expert opinions?
`10 A What do you mean by "patent cases"?
`11 Q Either proceedings in a district court
`12 or proceedings before the Patent Trials and
`13 Appeals Board or proceedings before the
`14 International Trade Commission.
`15 Just trying to get a rough sense of
`16 how many times you've opined as an expert on
`17 legal or administrative proceedings regarding
`18 patents.
`19 A I can't give a precise answer. I
`20 think I've done about 125 declarations for IPRs
`21 and 25 or maybe a little more or maybe a little
`22 less for ITC and district court.
`23 I've been doing this for a dozen or so
`24 years. So I mean, I can't give a precise
`25 answer. That's just a ballpark number.
`
`Page 20
`1 correctly. I don't know what the exact number
`2 is. And so I'm just guessing what the number
`3 is.
`4 I mean, you have my résumé and you can
`5 look at it precisely and determine what the
`6 number of times I've worked for the petitioner
`7 or the patent owner are.
`8 If I had to guess, I would say that 65
`9 to 70 percent of the time I've worked for
`10 petitioner and 25 to 30 percent of the time I've
`11 worked for the patent owner.
`12 Q Okay. Have you done any previous work
`13 for AMD as an expert witness?
`14 A I don't recall, but I don't think so.
`15 Q Have you done any previous work for
`16 AMD as a consultant or outside of the expert
`17 witness context?
`18 A I was invited one time to give a talk
`19 at AMD on some subject. I don't know, it's been
`20 a few years. But I don't think I received a
`21 payment for the talk. And other than that, I
`22 don't believe I've done any work for AMD.
`23 Q Do you recall the subject matter of
`24 the talk you gave to AMD?
`25 A No, I do not.
`
`Page 19
`1 Q Fair enough. So if I understood you
`2 correctly, that was 125 declarations, around
`3 that number in inter partes review proceedings;
`4 correct?
`5 A Again, I don't know what the exact
`6 number is. I assume that it's pretty easy,
`7 given that I have supplied my résumé with
`8 everything -- all the details of my expert
`9 witness experience back to the dozen plus years
`10 ago, I expect it's easy to count and see an
`11 exact number. But I don't know sitting here
`12 right now what that number is.
`13 Q Fair enough. And how many of those
`14 inter partes proceedings have you represented
`15 the petitioner?
`16 A If I had to guess, I would say 25,
`17 30 percent of the time. Oh, petitioner? I
`18 would guess that would be 65 to 70 percent of
`19 the time. Sorry.
`20 Q Not a problem. So just to clear that
`21 up, you've represented the petitioner roughly 65
`22 to 70 percent of the time in the inter partes
`23 review proceedings for which you submitted
`24 declarations; correct?
`25 A No. You didn't characterize my answer
`
`Page 21
`
`1 Q And you said it's been a couple of
`2 years. Do you remember generally what year that
`3 might have been?
`4 A I remember it was in Fort Collins. If
`5 I had to guess, I would say ten years ago.
`6 Q To confirm, you did not receive any
`7 payment for the talk you gave to AMD previously;
`8 correct?
`9 MR. COOK: Objection, form.
`10 THE WITNESS: Again, I did not testify
`11 one way or another. I don't think I did,
`12 but I'm not sure.
`13 A lot of times when you go give a
`14 talk, the companies or the entity that's
`15 asking you to give a talk gives you an
`16 honorarium for giving the talk, a few
`17 hundred bucks or something like that.
`18 I may have gotten that. But I
`19 honestly don't recall.
`20 BY MR. WUESTE:
`21 Q Sitting here today, you don't recall
`22 whether or not you received any remuneration or
`23 payment for the talk you gave to AMD roughly ten
`24 years ago?
`25 MR. COOK: Objection, form.
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`Page 22
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`Page 24
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`1 THE WITNESS: Again, I think the
`2 answer is no, I did not, but I don't
`3 remember exactly.
`4 I've given probably over 50 different
`5 talks, probably 100 if you count the
`6 companies that have invited me back multiple
`7 times.
`8 So I don't recall. But I don't think
`9 I did.
`10 BY MR. WUESTE:
`11 Q Okay. Dr. Baker, for -- strike that.
`12 Dr. Baker, you provided a declaration
`13 describing your opinions regarding the validity
`14 of the '134 patent and the IPR petition brought
`15 by AMD; correct?
`16 A Yes, the declaration is one that I --
`17 contains my opinions that I authored and
`18 provided to AMD's attorneys.
`19 BY MR. WUESTE:
`20 Q Dr. Baker, I've introduced through
`21 exhibit share a document that's been previously
`22 marked as Exhibit 1002. Please let me know when
`23 you have downloaded that exhibit.
`24 VERITEXT CONCIERGE: You should be
`25 able to see it by clicking the title of the
`
`1 A Yes.
`2 Q And it says executed on May 22nd, 2020
`3 at Las Vegas, Nevada?
`4 A Yes.
`5 Q All right. Dr. Baker, did you write
`6 your declaration?
`7 A Yes, the declaration contains my
`8 opinions and I wrote parts of it. Other parts,
`9 for example, the legal section, I received
`10 information from AMD's attorneys. And other
`11 parts like my background I already had written,
`12 so I copied.
`13 Q Did you generate all of the drawings
`14 or figures in your declaration?
`15 A I copied all of the figures from the
`16 patents I cited in the declaration.
`17 Q To the extent there are any
`18 annotations on those figures, did you put in the
`19 annotations yourself?
`20 A Maybe. I don't recall.
`21 Q If it was not you, who would have put
`22 in the annotations?
`23 A Perhaps one of AMD's attorneys when we
`24 worked on a phone conference together. That's
`25 the only other person that I think might have
`
`Page 23
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`Page 25
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`1 folder and it will refresh the screen.
`2 THE WITNESS: I have it.
`3 BY MR. WUESTE:
`4 Q Previously marked Exhibit 1002 is a
`5 complete copy of your declaration in
`6 IPR2020-00985 regarding the '134 patent;
`7 correct?
`8 A It looks like it is, yes.
`9 Q Can you confirm that Exhibit 1002
`10 present in exhibit share is the same document as
`11 the clean copy of your declaration you have in
`12 front you have today?
`13 A It looks like it is, yes.
`14 Q If you would prefer to use the paper
`15 copy in front of you for the purposes of today's
`16 deposition, that's fine. I just want to confirm
`17 that the document shared through exhibit share
`18 is the same as the one you have in front of you;
`19 fair?
`20 A Yes.
`21 Q Okay. Dr. Baker, please turn to the
`22 very last page of Exhibit 1002.
`23 A Okay.
`24 Q That is your signature in the middle
`25 of the last page of Exhibit 1002; correct?
`
`1 annotated the figures from my directions.
`2 Q And just to confirm, any annotations
`3 that were applied to a figure that you did not
`4 put in yourself were put in at your direction;
`5 correct?
`6 A Yes.
`7 Q Dr. Baker, did you have access to all
`8 of the documents in connection with this IPR
`9 filed by AMD?
`10 MR. COOK: Objection, form.
`11 THE WITNESS: I filed -- when I signed
`12 my declaration, yes. I'm hesitant to say
`13 yes after the declaration was filed because
`14 I -- I'm not sure I reviewed all of the
`15 documents from the PTAB database that were
`16 generated that may have been legal that I
`17 have no reason to review.
`18 So I think to the extent that it was
`19 cited in my declaration, yes. But if
`20 there's some other document that is filed
`21 that is not relevant to my work, I perhaps
`22 did not review it.
`23 BY MR. WUESTE:
`24 Q Okay. So you had access to all
`25 documents cited in your declaration; correct?
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`Page 26
`
`1 A I believe so, yes.
`2 Q There's not been a case where you
`3 asked for a document in the course of forming
`4 your opinions for your declaration that was not
`5 provided to you; correct?
`6 A Correct, not that I recall.
`7 Q Okay. Did you read all of the
`8 exhibits identified in your declaration?
`9 A I think there may have been -- in like
`10 the file history, I didn't read every single
`11 word in the file history. But I think generally
`12 speaking, yes.
`13 Q Any others that you did not read fully
`14 apart from the file -- strike that.
`15 By "file history," am I to understand
`16 that to be the file history of the '134 patent?
`17 A Yes.
`18 Q Apart from the file history of the
`19 '134 patent, are there any documents that you
`20 did not read in their entirety that were
`21 identified in your declaration?
`22 A Not that I recall.
`23 Q Now, I noticed that there is -- there
`24 does not appear to be a materials reviewed or
`25 materials cited summary in your declaration.
`
`Page 28
`1 answer that question because it seems to
`2 have some legal aspect to it. If I rely on
`3 a patent, say the Wada patent, and
`4 incorporated in the Wada patent is some
`5 other document and I didn't list that
`6 document in my declaration but the
`7 information in the document is understood to
`8 be incorporated into Wada, then I don't know
`9 if I can say I didn't -- based upon that
`10 information being in Wada that I didn't
`11 somehow rely on that document, especially if
`12 it was indicating what a person of ordinary
`13 skill in the art would have known at some
`14 specific time.
`15 So I don't think I can really say that
`16 I didn't rely on other documents that are
`17 not cited in my declaration because of
`18 issues like I just mentioned.
`19 But I mean, in general, the ones that
`20 I cited are the ones that I relied upon.
`21 BY MR. WUESTE:
`22 Q Outside of documents that may have
`23 been incorporated by reference into documents
`24 you actually cite to in your declaration, if a
`25 document is not actually cited to or identified
`
`Page 27
`
`Page 29
`
`1 What documents or materials did you
`2 consider in forming your opinions as set forth
`3 in your declaration?
`4 A The documents that I cited in the
`5 declaration.
`6 Q So am I to take that to mean that all
`7 documents actually cited in your declaration are
`8 the ones you considered in forming your opinions
`9 in this IPR proceeding; correct?
`10 MR. COOK: Objection to form.
`11 THE WITNESS: No. If I recall
`12 correctly, I might have looked at the
`13 petition, but I certainly did not use the
`14 petition to rely on my opinions in my
`15 declaration.
`16 There may be others. I would need to
`17 look through the document before I can
`18 answer that question.
`19 BY MR. WUESTE:
`20 Q Well, perhaps I can get it this way.
`21 If a document is not identified in your
`22 declaration, you did not rely on it in the
`23 course of forming your opinions; correct?
`24 MR. COOK: Objection to form.
`25 THE WITNESS: I don't know if I can
`
`1 in your declaration, you did not rely on it in
`2 the course of forming your opinions for this
`3 IPR; is that fair?
`4 MR. COOK: Objection it form.
`5 THE WITNESS: The question is kind of
`6 hard to understand. I think the answer is
`7 may be yes. I'm just not really sure what
`8 you're getting at.
`9 BY MR. WUESTE:
`10 Q Maybe I can do it this way, Dr. Baker.
`11 I want to determine whether or not
`12 there are any other documents that you
`13 considered in the course of forming the opinions
`14 as set forth in your declaration that you have
`15 not actually identified and supplied as an
`16 exhibit to your declaration.
`17 Is that the case?
`18 A I think given the caveats that I have
`19 previously mentioned, I did not leave anything
`20 out of my declaration when I was writing it and
`21 not cite something.
`22 Q Okay. So the declaration as set forth
`23 includes all of the documents -- strike that.
`24 Your declaration cites to or
`25 identifies all documents that you relied on in
`
`212-267-6868
`
`Veritext Legal Solutions
`www.veritext.com
`
`8 (Pages 26 - 29)
`
`516-608-2400
`
`Patent Owner Monterey Research, LLC
`Exhibit 2006, 0008
`
`

`

`Page 30
`1 the course of forming your opinions outside of
`2 the corner case of a document that may have been
`3 incorporated by reference; is that correct?
`4 MR. COOK: Objection, form.
`5 THE WITNESS: I think that's the exact
`6 same question you asked a moment ago. I
`7 have the same answer. I listed the
`8 documents I relied upon. If there was a
`9 document that I looked at and I would have
`10 relied upon it, I would have listed it. I
`11 did not leave any document out.
`12 I'm not sure I'm answering the
`13 question because I, frankly, don't totally
`14 understand it. I'm not leaving anything
`15 out.
`16 BY MR. WUESTE:
`17 Q The latter part is what I'm interested
`18 in. So just to clear it up.
`19 You did not leave any documents out
`20 that you relied upon in the course of forming
`21 your opinions in this matter; is that fair?
`22 A Other than what we mentioned earlier
`23 about perhaps what a person of ordinary skill in
`24 the art would have known based upon some
`25 incorporation in one of the prior art
`
`Page 32
`
`1 correct?
`2 A No, not really. When I was reading
`3 the patent owner's response, I had different
`4 opinions that -- I formed opinions that certain
`5 things in the patent owner response were
`6 incorrect. So it's not my entire opinions in
`7 this matter at this time. It was at the time I
`8 submitted it.
`9 Q Dr. Baker, you understand that it was
`10 important that you include in your declaration
`11 at the time you submitted it all the opinions
`12 that you intend to submit in this case; correct?
`13 MR. COOK: Objection to form.
`14 THE WITNESS: No, I don't understand
`15 that. I understand it's the opinions that I
`16 had at that time, but presented with new
`17 evidence or opinions from the parties, then
`18 I think it's expected that I will respond,
`19 if I'm asked to, to those new opinions or
`20 new positions.
`21 But at the time I submitted my
`22 declaration, my declaration contained my
`23 opinions. But I don't think that -- I know
`24 that that doesn't, from past experience,
`25 extend into the future because I've been
`
`Page 31
`1 references, no, I haven't left anything out.
`2 Q Okay. Are there any documents or
`3 materials that you would have like to have read
`4 if you had more time in putting together your
`5 declaration?
`6 MR. COOK: Objection, form.
`7 THE WITNESS: No, not that I can think
`8 of.
`9 BY MR. WUESTE:
`10 Q Is there any research or investigation
`11 you would have liked to have done before
`12 formulating your opinions as set forth in your
`13 declaration?
`14 MR. COOK: Objection to form.
`15 THE WITNESS: No, not that I can think
`16 of.
`17 BY MR. WUESTE:
`18 Q Dr. Baker, is it accurate to say that
`19 you have made your declaration as complete as
`20