UNITED STATES PATENT AND TRADEMARK OFFICE
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`DISH NETWORK L.L.C., )
`
` Petitioner, ) Case No.
`
` vs. ) IPR202-01267
`
`BROADBAND ITV, INC., )
`
` Patent Owner. ) (Pages 1-72)
`
`-------------------------------)
`
` VIRTUAL VIDEOCONFERENCE
`
` VIDEOTAPED DEPOSITION OF
`
` LEIGHTON CHONG
`
` WEDNESDAY, JULY 14, 2021
`
` 9:18 A.M.
`
`REPORTED BY:
`
` SUSAN NELSON
`
` C.S.R. No. 3202
`
`JOB NO. 4710284
`
`Veritext Legal Solutions
`866 299-5127
`
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`DISH Ex. 1055, p. 1
` DISH v. BBiTV
` IPR2020-01267
`
`
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`DISH NETWORK L.L.C., )
`
` Petitioner, ) Case No.
`
` vs. ) IPR202-01267
`
`BROADBAND ITV, INC., )
`
` Patent Owner. ) (Pages 1-72)
`
`-------------------------------)
`
` VIRTUAL VIDEOCONFERENCE
`
` VIDEOTAPED DEPOSITION OF
`
` LEIGHTON CHONG
`
` WEDNESDAY, JULY 14, 2021
`
` 9:18 A.M.
`
`REPORTED BY:
`
` SUSAN NELSON
`
` C.S.R. No. 3202
`
`JOB NO. 4710284
`
`Veritext Legal Solutions
`866 299-5127
`
`Page 1
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`DISH Ex. 1055, p. 1
` DISH v. BBiTV
` IPR2020-01267
`
`
`
`Virtual videoconference videotaped deposition of
`
`LEIGHTON CHONG, the witness, taken on behalf of
`
`Petitioner, commencing at 9:18 A.M., on WEDNESDAY,
`
`JULY 14, 2021, at Honolulu, Hawaii, before SUSAN
`
`NELSON, C.S.R. No. 3202.
`
`APPEARANCES OF COUNSEL (VIA VIDEOCONFERENCE)
`
`FOR PETITIONER:
`
` ORRICK HERRINGTON & SUTCLIFFE LLP
`
` BY: WILL MELEHANI, ESQ.
`
` The Orrick Building
`
` Howard Street
`
` San Francisco, California 94105-2669
`
` (415) 773-5700
`
` wmelehani@orrick.com
`
`FOR PATENT OWNER:
`
` FEINBERG DAY KRAMER ALBERTI LIM TONKOVICH
`
` & BELLOLI LLP
`
` BY: SAL LIM, ESQ.
`
` 577 Airport Boulevard
`
` Suite 250
`
` Burlingame, California 94010
`
` (650) 825-4300
`
` slim@feinday.com
`
`Veritext Legal Solutions
`866 299-5127
`
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`DISH Ex. 1055, p. 2
` DISH v. BBiTV
` IPR2020-01267
`
`
`
`A P P E A R A N C E S ( C O N T I N U E D ) :
`
`A L S O A P P E A R I N G ( V I A V I D E O C O N F E R E N C E )
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` P E T E R Y A R O S C H U K , V I D E O G R A P H E R
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`Page 3
`
`DISH Ex. 1055, p. 3
` DISH v. BBiTV
` IPR2020-01267
`
`
`
` I N D E X
`
`WITNESS EXAMINATION PAGE
`
`LEIGHTON CHONG
`
`Cross-Examination by Mr. Melehani 6
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`Redirect Examination by Mr. Lim 63
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`Recross-Examination by Mr. Melehani 69
`
` E X H I B I T S
`
`NO. PAGE DESCRIPTION
`
`Exhibit 1 20 Declaration of Leighton Chong
`
` (BBiTV EX2037)
`
` (11 Pages)
`
`Exhibit 2 41 BBiTV Road Map, Milton Diaz
`
` (BBiTV EX2063)
`
` (1 Page)
`
`Exhibit 3 54 March 2004 Emails
`
` (BBiTV EX2068)
`
` (1 Page)
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`Exhibit 4 63 System and Method for
`
` Managing, Converting Document
`
` (BBiTV EX2061)
`
` (25 Pages)
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`Page 4
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`DISH Ex. 1055, p. 4
` DISH v. BBiTV
` IPR2020-01267
`
`
`
` HONOLULU, HAWAII;
`
` WEDNESDAY, JULY 14, 2021;
`
` 9:18 A.M.
`
` THE VIDEOGRAPHER: Good morning. We are on
`
`the record at 9:18 a.m. on July 14th, 2021. This is 09:18:11
`
`the video-recorded deposition of Leighton Chong. 09:18:19
`
` My name is Peter Yaroschuk, here with our 09:18:23
`
`court reporter Susan Nelson. We are here from 09:18:26
`
`Veritext Legal Solutions at request of counsel for 09:18:30
`
`Petitioner. The deposition is being held on a Zoom 09:18:32
`
`video conference. 09:18:35
`
` The caption of this case is DISH Network 09:18:36
`
`L.L.C. versus Broadband iTV, Incorporated. Case 09:18:39
`
`Number IPR 2020-01267. 09:18:43
`
` Please note that audio and video recording 09:18:48
`
`will take place unless all parties agree to go off 09:18:51
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`the record. Microphones are sensitive and may pick 09:18:53
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`up whispers, private conversations, and cellular 09:18:57
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`interference. 09:18:59
`
` I am not related to any party in this 09:19:01
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`action, nor am I financially interested in the 09:19:04
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`outcome in any way. If there are any objections to 09:19:05
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`proceeding, please state them at the time of your 09:19:08
`
`appearance, beginning with the noticing attorney. 09:19:10
`
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`DISH Ex. 1055, p. 5
` DISH v. BBiTV
` IPR2020-01267
`
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` MR. MELEHANI: This is Will Melehani with 09:19:13
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`Orrick Herrington & Sutcliffe on behalf of the 09:19:16
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`petitioner. 09:19:18
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` MR. LIM: Sal Lim with Feinberg Day 09:19:19
`
`appearing on behalf of BBiTV and the witness. 09:19:23
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` THE VIDEOGRAPHER: Thank you. The witness 09:19:27
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`will be sworn in and counsel may being the 09:19:29
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`examination. 09:19:30
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` THE REPORTER: Mr. Chong, if you'll raise 09:19:47
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`your right hand, please, I'll swear you in.
`
` LEIGHTON CHONG,
`
` having been first duly sworn, was
`
` examined and testified as follows:
`
` THE REPORTER: Thank you. Please proceed.
`
` CROSS-EXAMINATION 09:19:50
`
` 09:19:50
`
`BY MR. MELEHANI: 09:19:50
`
` Q. All right. Thank you, Mr. Chong, for taking 09:19:51
`
`the time to talk to us today. I'm going to start off 09:19:53
`
`with a few general questions on your background. 09:19:56
`
` And so I guess let's start with, what is it 09:20:01
`
`that you do for a living? 09:20:04
`
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`866 299-5127
`
`Page 6
`
`DISH Ex. 1055, p. 6
` DISH v. BBiTV
` IPR2020-01267
`
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` A. Currently, I'm retired. 09:20:07
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` Q. Okay. And so are you completely retired 09:20:12
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`doing -- doing nothing as far as work? Or do you 09:20:14
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`have any continued, kind of a, you know, employment? 09:20:17
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` A. I have a consulting arm of what I used to 09:20:22
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`do. And, other than that, they're all personal 09:20:31
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`projects. 09:20:38
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` Q. Okay. Can you tell me a little bit about 09:20:38
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`this consulting that you -- relating to what you used 09:20:42
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`to do? 09:20:47
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` A. Well, in Hawaii, I worked with high tech 09:20:47
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`companies that do research in Hawaii. And part of 09:20:54
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`what I used to do was to handle their patenting work, 09:21:05
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`but since I no longer do that, I consult on -- on 09:21:11
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`business strategies involving IP. 09:21:17
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` Q. Okay. When about did you retire? 09:21:22
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` A. At the end of 2016. 09:21:27
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` Q. And prior to 2016, you were working as a 09:21:29
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`lawyer? 09:21:34
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` A. Yes. 09:21:35
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` Q. And is it right that your practice consisted 09:21:41
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`primarily of patent prosecution? 09:21:44
`
` A. Correct. 09:21:45
`
` Q. And how long did you have a legal practice 09:21:46
`
`that consisted primarily of patent prosecution? 09:21:51
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`866 299-5127
`
`Page 7
`
`DISH Ex. 1055, p. 7
` DISH v. BBiTV
` IPR2020-01267
`
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` A. 43 years. 09:21:55
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` Q. And how long were you a lawyer? 09:21:56
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` A. Well, about 45 years. 09:22:06
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` Q. Okay. So by my math, there were two years 09:22:12
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`where you had a practice that didn't consist 09:22:15
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`primarily of patent prosecution. Is that right? 09:22:17
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` A. Yes. 09:22:17
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` Q. How would you describe your practice during 09:22:21
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`those two years? 09:22:25
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` A. It was more or less winding down docket 09:22:29
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`maintenance, fee renewals. Just housekeeping for 09:22:36
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`former clients. 09:22:46
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` Q. And were those tasks related to their patent 09:22:49
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`portfolios? 09:22:54
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` A. Yes. 09:22:54
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` Q. Okay. Have you ever served as litigation 09:22:57
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`counsel for a client? 09:23:02
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` A. No. 09:23:04
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` Q. Now, I know you were deposed recently in 09:23:04
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`connection with the related matter involving DISH and 09:23:13
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`BBiTV. But setting aside that deposition, have you 09:23:19
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`ever been deposed before? 09:23:24
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` A. I -- I don't really recall any times that I 09:23:30
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`was deposed, other than that one that you mentioned. 09:23:34
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` Q. Okay. So is it your recollection that the 09:23:42
`
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`866 299-5127
`
`Page 8
`
`DISH Ex. 1055, p. 8
` DISH v. BBiTV
` IPR2020-01267
`
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`deposition that you gave in connection with the DISH 09:23:46
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`case was the first time you were deposed? 09:23:50
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` A. It's the only one I remember. 09:23:54
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` Q. Okay. I just want to be clear. Are you 09:24:03
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`suggesting that it's possible you'd been deposed 09:24:05
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`prior to that and you just don't recall? Or is it 09:24:07
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`just that you think that is in fact the only time 09:24:09
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`you've been deposed? 09:24:14
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` A. I might have been deposed in connection with 09:24:15
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`a personal matter, divorce proceeding, but I don't 09:24:17
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`recall the exact circumstance. It could have been a 09:24:21
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`settlement conference. I -- I don't recall. 09:24:25
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` Q. Understood. So, as you know, you've 09:24:28
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`submitted a declaration on behalf of BBiTV in 09:24:36
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`connection with this IPR proceeding. 09:24:40
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` Well, is that -- is that your understanding? 09:24:42
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` A. Yes. 09:24:45
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` Q. Have you ever submitted a declaration on 09:24:45
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`behalf of a patent prosecution client before? 09:24:49
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` A. I don't recall any instances. 09:24:59
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` Q. Okay. Have you ever been involved in any 09:25:06
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`IPR proceedings before this one? 09:25:09
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` A. I don't think so. 09:25:19
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` Q. And let me just be more clear because I 09:25:21
`
`think I -- there's a little bit of ambiguity there, 09:25:25
`
`Veritext Legal Solutions
`866 299-5127
`
`Page 9
`
`DISH Ex. 1055, p. 9
` DISH v. BBiTV
` IPR2020-01267
`
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`so let me back up a second. 09:25:28
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` In your practice, when you were a practicing 09:25:31
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`patent prosecution attorney, did you ever get 09:25:37
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`involved in IPR proceedings as counsel? 09:25:43
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` A. As counsel, no. 09:25:51
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` Q. Okay. Are you familiar with covered 09:25:54
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`business method review proceedings and post-grant 09:25:56
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`review proceedings? 09:26:00
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` A. Vaguely. 09:26:01
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` Q. Did you ever -- 09:26:02
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` A. These are all developments toward the end of 09:26:03
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`my active practice. 09:26:06
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` Q. And did you ever have any involvement with 09:26:07
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`those types of proceedings as counsel? 09:26:11
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` A. Not as counsel. 09:26:13
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` Q. Did you ever have involvement with those 09:26:16
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`types of proceedings in a capacity other than 09:26:19
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`counsel? 09:26:21
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` A. That's what I can't remember. I might have 09:26:23
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`had some involvement with research or advising the 09:26:28
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`client. But I don't recall ever being counsel of 09:26:36
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`record in an IPR proceeding. 09:26:43
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` Q. Are you familiar with ex parte reexamination 09:26:46
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`proceedings? 09:26:50
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` A. Only by name. 09:26:54
`
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`866 299-5127
`
`Page 10
`
`DISH Ex. 1055, p. 10
` DISH v. BBiTV
` IPR2020-01267
`
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` Q. Have you ever been involved as counsel in 09:26:54
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`handling ex parte reexamination proceedings? 09:26:59
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` A. No. 09:27:04
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` Q. Have you ever -- well, strike that. 09:27:07
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` Let's talk for a second about the deposition 09:27:13
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`you gave in connection with the other matter 09:27:23
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`involving DISH and BBiTV, the litigation. 09:27:27
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` Do you recall giving a deposition in that 09:27:30
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`case? 09:27:32
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` A. Yes. 09:27:32
`
` Q. Okay. And that was -- according to my 09:27:34
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`records, that was on June 17th. Is that correct? 09:27:37
`
` A. Correct. 09:27:41
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` Q. And do you recall being sworn in prior to 09:27:42
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`that deposition? 09:27:47
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` A. Yes. 09:27:47
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` Q. And do you recall providing testimony under 09:27:51
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`oath in that deposition? 09:27:53
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` A. Yes. 09:27:53
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` Q. And did you provide truthful testimony 09:27:57
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`during that deposition? 09:28:00
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` A. To my understanding, yes. 09:28:02
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` Q. Did you have a chance to review a transcript 09:28:03
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`of your testimony following that deposition? 09:28:07
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` A. Yes, I did. 09:28:11
`
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`866 299-5127
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`Page 11
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`DISH Ex. 1055, p. 11
` DISH v. BBiTV
` IPR2020-01267
`
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` Q. And did you take the opportunity to review a 09:28:11
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`transcript of your June 17th deposition testimony? 09:28:15
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` A. Yes. 09:28:15
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` Q. And did you provide an errata in connection 09:28:21
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`with that June 17th transcript? 09:28:24
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` A. Yes. 09:28:24
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` Q. Okay. Now, following your review of the 09:28:28
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`testimony you gave on June 17th, did you notice any 09:28:32
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`testimony that you would not stand by today? 09:28:37
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` A. No. I think there were some issues with how 09:28:47
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`questions were phrased, and my answer might have been 09:28:51
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`based upon an interpretation of how the question was 09:28:58
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`phrased, but I -- I stand by what was said in that 09:29:03
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`record. 09:29:10
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` Q. Okay. And did you flag the issues that you 09:29:12
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`were just mentioning in your errata that you 09:29:15
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`provided? 09:29:18
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` A. No. It's just a recollection that there was 09:29:22
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`some discussion on the record about the source of 09:29:26
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`documents that were produced and used as exhibits and 09:29:31
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`interpretation of the meaning of certain phrases. 09:29:40
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` Q. Okay. But just to be clear, based on your 09:29:46
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`prior answer, you still stand by the testimony you 09:29:49
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`offered in your June 17th depo as true and correct 09:29:52
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`testimony? 09:29:56
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`Page 12
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`DISH Ex. 1055, p. 12
` DISH v. BBiTV
` IPR2020-01267
`
`
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` A. Yes, I do. 09:29:56
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` Q. Okay. Now, let's talk a bit about 09:29:58
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`Broadband iTV. What's your relationship with 09:30:07
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`Broadband iTV? 09:30:10
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` A. Currently, their status as far as my 09:30:15
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`involvement is as a former client. 09:30:20
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` Q. Okay. I just habitually refer to them as 09:30:25
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`"BBiTV." Would you mind if I call them "BBiTV"? 09:30:29
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`Would you understand that I'm referring to 09:30:32
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`Broadband iTV? 09:30:35
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` A. Yes, I use that phrase myself. 09:30:35
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` Q. Okay. Good. Are you currently in any way 09:30:37
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`contractually related or affiliated with BBiTV? 09:30:48
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` A. Not to my understanding. 09:30:54
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` Q. Are you being compensated by BBiTV for your 09:30:56
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`participation in this proceeding? 09:31:01
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` A. No. 09:31:07
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` Q. Are you being compensated by BBiTV, period? 09:31:07
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` A. No. 09:31:15
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` Q. Okay. I guess "question mark." 09:31:15
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` Okay. So how did you first encounter BBiTV? 09:31:20
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` A. I don't really recall the circumstances. 09:31:31
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` Q. When did you first encounter BBiTV? 09:31:34
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` A. Sometime in 2003, I had an exchange of email 09:31:41
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`with Cliff Kagawa who was the CEO of BBiTV and was 09:31:50
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`Page 13
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`DISH Ex. 1055, p. 13
` DISH v. BBiTV
` IPR2020-01267
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`retained about the middle of 2003. 09:32:01
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` Q. Okay. And what was the reason you were 09:32:08
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`retained? 09:32:17
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` A. To file patent applications on any 09:32:23
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`inventions that they have -- that they had an 09:32:25
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`interest in. 09:32:29
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` Q. Do you recall when you first met Milton Diaz 09:32:34
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`Perez? 09:32:38
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` A. I don't recall the specific instance, but it 09:32:44
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`was sometime in late 2003. 09:32:47
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` Q. And I know that you worked on patent 09:32:53
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`applications that list Milton Diaz Perez as the 09:33:00
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`inventor for BBiTV. 09:33:05
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` Did you work on any other matters for BBiTV 09:33:06
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`aside from patent applications invented by Milton 09:33:11
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`Diaz Perez? 09:33:16
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` A. I think we filed a trademark registration 09:33:17
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`application. I don't -- 09:33:25
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` Q. Got it. 09:33:25
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` A. -- know. Other than that, it was all patent 09:33:27
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`work. 09:33:29
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` Q. And just to be clear, were all of the 09:33:29
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`patents -- well, let me -- let me ask it a different 09:33:36
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`way. Strike that. 09:33:41
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` Were all of the patents that you worked on 09:33:47
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`Page 14
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`DISH Ex. 1055, p. 14
` DISH v. BBiTV
` IPR2020-01267
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`for BBiTV sort of related to the initial application 09:33:48
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`that you prepared for BBiTV? 09:33:56
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` A. Yes. 09:34:00
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` Q. Okay. Now you offered a declaration in this 09:34:02
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`case or in this IPR proceeding, as we mentioned. 09:34:12
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` Is that right? 09:34:12
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` A. Correct. 09:34:16
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` Q. What did you understand to be the purpose of 09:34:17
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`the declaration that you offered in this proceeding? 09:34:19
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` A. I was recounting the circumstances of 09:34:25
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`preparing and filing the P- -- the so-called P1 09:34:33
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`patent application. 09:34:42
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` Q. I'm not looking for privileged information 09:34:46
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`here, but do you have an independent understanding as 09:34:50
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`to why that's relevant? 09:34:53
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` A. I believe -- or my understanding is that the 09:35:01
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`defendants are asserting a lack of diligence in 09:35:06
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`filing so as to be antedated by a prior art 09:35:14
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`reference. 09:35:25
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` Q. And by "defendants," you're referring to 09:35:26
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`DISH? 09:35:29
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` A. Yes. 09:35:29
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` Q. When were you first contacted about the 09:35:38
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`declaration, or the plan to submit a declaration? 09:35:44
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`And, again, I'm not looking for details, just kind of 09:35:49
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`Page 15
`
`DISH Ex. 1055, p. 15
` DISH v. BBiTV
` IPR2020-01267
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`a date. 09:35:53
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` A. I think it was sometime in February of this 09:35:58
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`year. I -- I don't really recall the specific 09:36:06
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`circumstances. 09:36:11
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` Q. Do you recall who it was that contacted you 09:36:12
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`about this? 09:36:18
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` A. I believe it started with an email from 09:36:23
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`Milton Diaz Perez saying that I would be asked to 09:36:29
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`provide a declaration of the circumstances of the P1 09:36:35
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`filing. And then -- 09:36:41
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` MR. LIM: Actually, Mr. Chong, you don't -- 09:36:49
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`you don't have to disclose the details of the 09:36:51
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`communication with -- with Mr. Diaz. I think you've 09:36:53
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`answered the question. I think he's not asking for 09:36:56
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`anymore detail other than the timing to the best of 09:36:59
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`your recollection. I just wanted to -- 09:37:01
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` THE WITNESS: Okay. 09:37:01
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` MR. LIM: -- caution you not to reveal any 09:37:03
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`privileged information. 09:37:05
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` MR. MELEHANI: Well, I don't see how that 09:37:07
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`could be privileged, given that he's not a lawyer -- 09:37:10
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`or that Mr. Perez isn't a lawyer. 09:37:14
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`BY MR. MELEHANI: 09:37:14
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` Q. He contacted you about -- so the email was 09:37:16
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`sent by Mr. Perez. Is that what you said? 09:37:23
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`Page 16
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`DISH Ex. 1055, p. 16
` DISH v. BBiTV
` IPR2020-01267
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` A. Yes. 09:37:25
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` Q. Were there any other people included on the 09:37:34
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`email? 09:37:38
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` A. No. 09:37:38
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` Q. And, to the best of your recollection, this 09:37:39
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`email would have come in February? 09:37:45
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` A. I don't really recall with certainty, but I 09:37:49
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`have a feeling it was about then. 09:37:56
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` Q. Is this an email you would still have in 09:37:58
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`your email account? 09:38:04
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` A. Yes, I believe so. 09:38:05
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` Q. Okay. Who prepared your -- the first draft 09:38:14
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`of your declaration? 09:38:18
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` MR. LIM: Objection. Vague. 09:38:21
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` THE WITNESS: Is this privileged 09:38:25
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`information? I'm not sure. There was a waiver as 09:38:27
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`to if they want -- 09:38:33
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`BY MR. MELEHANI: 09:38:33
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` Q. Well, I guess I don't -- I don't see how it 09:38:34
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`would be, but let me ask a different question then. 09:38:36
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` Did you prepare the first draft of your 09:38:38
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`declaration? 09:38:40
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` A. No, I didn't prepare it. 09:38:41
`
` Q. Okay. So is it the case that you were 09:38:53
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`provided with a draft and asked to review and make 09:38:55
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`Page 17
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`DISH Ex. 1055, p. 17
` DISH v. BBiTV
` IPR2020-01267
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`changes? 09:38:58
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` A. Yes. 09:38:58
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` Q. Okay. And did you make any changes? 09:39:01
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` A. Yes. 09:39:01
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` Q. Okay. And what -- what changes did make to 09:39:03
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`the declaration? 09:39:06
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` A. Some of the exhibits didn't correspond to 09:39:08
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`the statements, and so there were some that had to be 09:39:13
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`corrected. 09:39:18
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` Q. So just to make sure I understand what 09:39:19
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`you're saying, are you saying that the draft you were 09:39:25
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`provided with had some kind of technical errors with 09:39:27
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`exhibit numbering that needed to be fixed? 09:39:32
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` A. Yes, there were a lot of typos. 09:39:34
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` Q. Okay. Other than typo and -- and 09:39:40
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`renumbering fixes, did you make any other changes to 09:39:42
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`the declaration? 09:39:47
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` A. There might have been a few instances, but I 09:39:50
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`don't recall them now. 09:39:54
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` Q. Do you recall -- 09:39:58
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` A. There were -- 09:39:59
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` Q. I'm sorry. I didn't mean to interrupt you. 09:40:00
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` A. -- lots of -- of wording or phrasing. 09:40:05
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` Q. Okay. Did you make any changes to the 09:40:14
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`declaration that would change, you know, the factual 09:40:15
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`Page 18
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`DISH Ex. 1055, p. 18
` DISH v. BBiTV
` IPR2020-01267
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`statements made in the declaration? 09:40:20
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` A. No, I think it followed a chronology of 09:40:24
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`email and documents, so the fact pattern was fairly 09:40:30
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`established. 09:40:41
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` Q. Approximately how long did it take you to 09:40:42
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`review the declaration for accuracy? 09:40:46
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` A. Couple hours. 09:40:54
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` Q. Approximately how long -- or how long was 09:40:57
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`the duration of time that passed between when you 09:41:01
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`first received a draft of the declaration and when 09:41:05
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`you signed the declaration? 09:41:08
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` A. It might have been a week or two. I don't 09:41:12
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`recall. 09:41:14
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` Q. So is it the case that you received a 09:41:15
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`declaration, you identified some changes, and then 09:41:20
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`you sent those back and then were later provided with 09:41:23
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`a revised version of the declaration? 09:41:27
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` A. Yes, that's pretty much the flow. 09:41:29
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` Q. And when you received that revised version 09:41:31
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`of the declaration, did you have any further changes? 09:41:36
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` A. I think there was one exhibit that was still 09:41:39
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`out of place, as far as I could tell. 09:41:43
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` Q. And so did you identify that and get -- and 09:41:53
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`that error was corrected? 09:41:56
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` A. Yes. 09:41:57
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`Page 19
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`DISH Ex. 1055, p. 19
` DISH v. BBiTV
` IPR2020-01267
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` Q. And once that error was corrected, did you 09:41:59
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`have any additional revisions before you signed the 09:42:01
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`declaration? 09:42:04
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` A. Not that I recall. 09:42:05
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` Q. So give me a sec here. I got to figure out 09:42:06
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`how to do this technologically speaking, but we're 09:42:12
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`going to go ahead and pull up your declaration. I 09:42:16
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`think I know how to do it, but who knows these days. 09:42:19
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`Just give me a quick second. 09:42:22
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` All right. So in a few moments on that 09:42:49
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`website that you have in front of you, if you click 09:42:55
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`the currently selected folder, it should refresh and 09:43:02
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`you should see a new exhibit in the marked exhibit 09:43:07
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`folder that's been marked as Exhibit 1. Please let 09:43:10
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`me know when you are able to see it. 09:43:14
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` (The document referred to was 09:43:17
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` marked as Exhibit 1.) 09:43:17
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` THE WITNESS: Do I click on the one that 09:43:23
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`says "Shared" or "Marked Exhibits"? 09:43:24
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`BY MR. MELEHANI: 09:43:24
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` Q. I would click on the one that says -- it 09:43:28
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`looks like exclamation, exclamation, "Marked 09:43:29
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`Exhibits." 09:43:32
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` A. Okay. 09:43:32
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` Q. You should see two files, one -- one is just 09:43:33
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`Page 20
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`DISH Ex. 1055, p. 20
` DISH v. BBiTV
` IPR2020-01267
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`a black box that says "Test," and then you'll see one 09:43:36
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`that says "Exhibit 1." 09:43:38
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` A. Okay. I see that. 09:43:39
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` Q. So go ahead and open Exhibit 1 and then we 09:43:41
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`can -- we can talk about it. Let me know when you 09:43:45
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`have it on your screen and you're ready for 09:44:00
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`questions. 09:44:02
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` A. I have the first page, but I can't figure 09:44:05
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`out how to sort through it. How do I get to page 2? 09:44:10
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` Q. Yeah, let me see if I can open it. Do you 09:44:27
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`have a mouse wheel on you
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