In The Matter Of:
`
`Motorola Mobility, Inc.
`vs.
`Apple, Inc., et al.
`                                                                            
`   ___________________________________________________
`
`JOSEPH SHAIN
`
`and
`
`THOMAS ERIKSSON
`
`March 19, 2012 
`
`   ___________________________________________________
`                                       
`
`Samsung et al. v. Neonode
`IPR2021-00145 (US 8,812,993)
`Neonode Ex. 2005
`
`

`

`Page 1
`
`Joseph Shain and Thomas Eriksson
`March 19, 2012
`
` IN THE UNITED STATES DISTRICT COURT
` FOR THE SOUTHERN DISTRICT OF FLORIDA
`- - - - - - - - - - - - - - - - - -
`IN THE MATTER OF )
` )
`MOTOROLA MOBILITY, INC., )
` Plaintiff, )
` )CIVIL ACTION NO:
`v. )1:10cv023580-Civ-UU
` )
`APPLE INC., )
` Defendant. )
`- - - - - - - - - - - - - - - - - - )
`APPLE INC., )
` Counterclaim Plaintiff )
` )
`v. )
` )
`MOTOROLA, INC. and )
`MOTOROLA MOBILITY, INC., )
` Counterclaim Defendants.)
`- - - - - - - - - - - - - - - - - -
` 30(b)(6) VIDEOTAPED DEPOSITION OF NEONODE, INC.
` DESIGNEES: JOSEPH SHAIN and THOMAS ERIKSSON
` VOLUME I
` Monday, March 19, 2012
` AT: 1:32 p.m.
` Taken at:
` Neonode Technologies AB
` Linnegatan 89D
` 115 23 Stockholm
` Sweden
`
`Court Reporter:
`ANNE-MARIE STALLARD
`Accredited Real-time Reporter
`
`Merrill Corporation - Chicago
`(312) 386-2000
`www.merrillcorp.com/law
`
`77b7859f-2f5e-47cf-b77b-e569fade9eff
`
`Samsung et al. v. Neonode
`IPR2021-00145 (US 8,812,993)
`Neonode Ex. 2005 - Page 1
`
`

`

`Joseph Shain and Thomas Eriksson
`March 19, 2012
`Page 2
`
`Page 4
`
` E X H I B I T I N D E X
`
`1
`
`23
`
`No. Description Page
`4
`Exhibit 1 Document labeled ..........................11
` MOTO-APPLE-0007392648 through
`5
` 0007392651
`6
`Exhibit 2 Document labeled ..........................22
` MOTO-APPLE-0007392580 through
`7
` 0007392621
`8
`Exhibit 3 Document labeled ..........................22
` MOTO-APPLE 0007179111 through
`9
` 0007179134
`10 Exhibit 4 Document labeled Neonode ..................27
` 000001
`11
`Exhibit 5 Document labeled ..........................37
`12 MOTO-APPLE-0007392656 through
` 0007392659
`13
`Exhibit 6 Physical exhibit and ......................50
`14 slipsheet labeled Neonode
` 000014
`15
`Exhibit 7 Document labeled Neonode ..................58
`16 000003 through 000010
`17 Exhibit 8 Document labeled Neonode ..................62
` 000011 through 000013
`18
`Exhibit 9 Document labeled Neonode ..................66
`19 000002
`20 Exhibit 10 Document labeled .........................68
` MOTO-APPLE 0007513551 through
`21 0007513560
`22 Exhibit 11 Postings from various ....................77
` websites about Neonode N1 and
`23 Neonode N1m
`24 Exhibit 12 List of weblinks to ......................78
` documentation regarding
`25 Neonode N1
`
`1
` A P P E A R A N C E S
`2 Appearing for the Plaintiff:
`3
` CATHLEEN GARRIGAN, ESQ.,
` QUINN EMANUEL URQUHART & SULLIVAN, LLP,
`4
` 50 California Street, 22nd Floor
` San Francisco,
`5
` California 04111
` Telephone: 415-875-6341
`
`67
`
`Appearing for the Defendant:
`8
` JILL J. HO, ESQ.,
` WEIL, GOTSHAL & MANGES, LLP,
`9
` 201 Redwood Shores Parkway,
` Redwood Shores,
`10
` CA 94065-1134
` Telephone: 650-802-3163
`11
`12 Appearing for Neonode, Inc.:
`13
` STEVE KRONENGOLD, ESQ.,
` SRK KRONENGOLD LAW OFFICES
`14
` Oppenheimer 7, Rabin Science Park,
` Rehovot
`15
` Israel 76701
` Telephone: 972-8-9360998
`16
`17 VIDEOGRAPHER:
`18
` PHILLIP HILL
`19
` Videographer
`20
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`Page 5
` THE VIDEOGRAPHER: This is the beginning of
`videotape number 1, volume 1, this is the video
`operator speaking, Phillip Hill for Merrill Legal
`Solutions, Chicago office. Today's date is March 19,
`2012. The time on the video screen is 13:32 Swedish
`time.
` We are at the Stockholm offices of Neonode to
`take the videotaped deposition of Yossi Shain. This is
`taken in the matter of Motorola Mobility, Inc. versus
`Apple Inc. This is being heard in the United States
`District Court for the Southern District of Florida,
`case number 1:10cv023580-Civ-UU. Please will counsel
`introduce themselves and state whom they represent.
` MS. GARRIGAN: Cathleen Garrigan from Quinn
`Emanuel Urquhart & Sullivan on behalf of Motorola
`Mobility Inc. and Motorola Solutions, Inc.
` MS. HO: Jill Ho from Weil Gotshal & Manges,
`on behalf of Apple.
` MR. KRONENGOLD: Steve Kronengold, SRK Law,
`on behalf of Neonode.
` THE VIDEOGRAPHER: The court reporter today
`is Ms. Anne-Marie Stallard of Merrill Legal Solutions,
`London office. Please will the court reporter swear in
`the witness.
`
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`Witness Page
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`JOSEPH SHAIN (Affirmed) ..............................6
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` Examination by MS. GARRIGAN .................6
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`THOMAS ERIKSSON (Affirmed) ..........................12
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` Examination by MS. GARRIGAN ................12
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` Examination by MS. HO ...................25
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` Further Examination by MS. GARRIGAN ............30
`10 Further Examination by MS. HO ...............32
`11 JOSEPH SHAIN (Recalled) .............................34
`12 Examination by MS. GARRIGAN (Continued) ..........34
`13 Examination by MS. HO ...................79
`14 Further Examination by MS. GARRIGAN ............90
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`
`Merrill Corporation - Chicago
`(312) 386-2000
`www.merrillcorp.com/law
`
`2 (Pages 2 to 5)
`
`77b7859f-2f5e-47cf-b77b-e569fade9eff
`
`Samsung et al. v. Neonode
`IPR2021-00145 (US 8,812,993)
`Neonode Ex. 2005 - Page 2
`
`

`

`Joseph Shain and Thomas Eriksson
`March 19, 2012
`Page 6
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` JOSEPH SHAIN
`having been duly affirmed testified as follows:
`EXAMINATION BY MS. GARRIGAN
` Q. Good afternoon, Mr. Shain. Thank you very much
`for taking the time to meet with me today. I'm
`an attorney for Motorola and I'm going to ask you
`a series of questions today. Have you ever been
`deposed before?
` A. No.
` Q. So if I ask a question that's unclear, you
`should just let me know and I'll try to rephrase
`the question so that we can reach a mutual
`understanding of what it is. Don't speculate if you
`don't know what the answer is, and if you could just
`give clear, verbal answers, it will help our court
`reporter out today. So no nodding.
` A. Okay.
` Q. And then is there any reason why you can't
`testify accurately and truthfully today?
` A. No.
` Q. Could you please state your full name for
`the record.
` A. Joseph Shain.
` Q. And your current address?
` A. 27B Pinsker Street, Rehovot, Israel.
`
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`Page 7
` Q. Are you familiar with the company Neonode?
` A. Yes.
` Q. Are you an employee at Neonode?
` A. I am.
` Q. When did you first become an employee at
`Neonode?
` A. I first started working for Neonode
`in April 2008.
` Q. What was your title when you first joined
`Neonode in 2008?
` A. Patent Engineer.
` Q. And is that your title today?
` A. No, today I'm Vice President of Intellectual
`Property.
` Q. Between when you first joined and being
`Vice President of Intellectual Property, did you have
`any intermediate titles?
` A. No.
` Q. Have you worked at Neonode continuously
`since --
` A. Oh, possibly Intellectual Property Manager at
`one point.
` Q. Thank you, and that actually brings up another
`thing. If at any point you want to go back and clarify
`something or correct it, you should just do that; stop
`
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`me and we'll go back.
` A. Okay.
` Q. Have you worked at Neonode continuously since
`2008?
` A. Yes.
` Q. What are your current responsibilities as
`the Vice President of Intellectual Property?
` A. Drafting and prosecuting patent applications
`that cover the company's technological innovations, and
`trademark applications as well.
` Q. Are you familiar with the N1 phone?
` A. Yes.
` Q. Was the N1 phone developed by Neonode?
` A. Yes.
` Q. Was the N1 phone the first phone developed by
`Neonode?
` A. Yes.
` Q. When did Neonode begin working on the N1 phone?
` A. In 2001.
` Q. Who was involved in developing the N1 phone in
`2001?
` A. Thomas Eriksson and Magnus Goertz.
` Q. How long did they work on developing the N1
`phone?
` A. The phone was commercially available
`
`Page 9
`on November 1, 2004, so I would say three years. More
`than three years.
` Q. What were the goals in developing the N1 phone?
` MR. KRONENGOLD: I object to that question to
`the extent that it asks for confidential and
`proprietary information. The witness -- Yossi, you may
`answer, but it's a broad question and please do not go
`into any confidential proprietary information of
`the company as to what the goals were in developing
`the N1 phone.
` THE WITNESS: So, briefly, the goals were to
`create a phone, something novel. A touch screen phone.
`BY MS. GARRIGAN
` Q. When was the N1 phone first announced to
`the public?
` A. I believe it was announced in 2001. I was able
`to establish announcements going back to 2002.
` Q. Are you familiar with the German technology
`con- -- the German technology conference, CeBit?
` A. Yes.
` Q. Was the N1 phone shown at CeBit in 2002?
` A. I'm not sure. I believe it was. I'm not
`positive.
` Q. Do you know if the N1 phone was demonstrated at
`the March 2002 CeBit conference?
`3 (Pages 6 to 9)
`
`Merrill Corporation - Chicago
`(312) 386-2000
`www.merrillcorp.com/law
`
`77b7859f-2f5e-47cf-b77b-e569fade9eff
`
`Samsung et al. v. Neonode
`IPR2021-00145 (US 8,812,993)
`Neonode Ex. 2005 - Page 3
`
`

`

`Page 12
`
`Joseph Shain and Thomas Eriksson
`March 19, 2012
`Page 10
` A. I believe it was. I -- yes, I don't know that
`for sure. I didn't look into that.
` Q. Do you know who would have attended the CeBit
`conference in 2002 on behalf of Neonode?
` A. I imagine Magnus Goertz, possibly
`Thomas Eriksson. But actually that's conjecture on
`my part.
` Q. Okay.
` A. I don't know for sure.
` MR. KRONENGOLD: Again, if you don't know,
`just say "I do not know".
` THE WITNESS: Okay.
`BY MS. GARRIGAN
` Q. Do you know if an N1 phone was actually shown
`at the March 2002 CeBit conference?
` A. I don't know.
` Q. Did an N1 phone, or a prototype of the phone,
`exist in 2002?
` A. I don't know. I believe it did. I don't know.
`Certainly the end of 2002, but you asked
`about March 2002.
` Q. So by December of 2002 was there an N1 phone?
` A. There was something, because I have a picture
`of one from 2002, so I know that it exists.
` Q. Why don't we mark that as an exhibit, what
`Page 11
`
`13:47:45
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`(1:49 p.m.)
` THE VIDEOGRAPHER: Going back on the record,
`the time is 13:49. Thank you very much.
` MS. GARRIGAN: So for the record, during
`a break counsel had a discussion about the most
`appropriate Neonode witness to answer questions about
`the 2001 to 2005 timeframe and, based on our
`discussion, Neonode has designated Mr. Thomas Eriksson
`to answer questions about the earlier timeframe, and
`I believe Apple does not have any objections to
`the substitution of witnesses.
` MS. HO: No objection.
` MS. GARRIGAN: Could we swear in the witness.
` THOMAS ERIKSSON
`having been duly affirmed testified as follows:
`EXAMINATION BY MS. GARRIGAN
` Q. Thank you, Mr. Eriksson.
` So going back to when Neonode was first announced
`in 2001, are you familiar with the German technology
`conference CeBit?
` A. Yes.
` Q. Was the N1 phone shown at CeBit in March 2002?
` A. Yes.
` Q. Was a -- was an actual prototype of the device
`shown?
`
`Page 13
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`you're gesturing to.
` A. Okay.
` Q. Can I see it from here?
` MR. KRONENGOLD: This was produced in
`response to the subpoena.
` MS. GARRIGAN: I actually have this.
` THE WITNESS: Okay.
` MR. KRONENGOLD: And it is entitled "New
`Ultra-Mobile Smartphone Neonode N1" dated December 21,
`2002.
` MS. GARRIGAN: Can we mark exhibit 1.
` (Exhibit 1 marked for identification)
` MS. HO: I'll note for the record that this
`has a Moto-Apple Bates stamp instead of a Neonode Bates
`stamp.
` MS. GARRIGAN: Right. Mr. Kronengold gave us
`a list of links in one of his subpoena responses and so
`we went to the links and we produced them. They didn't
`actually produce documents to us.
` MR. KRONENGOLD: Cathleen -- off the record.
`Cathleen and Jill.
` THE VIDEOGRAPHER: Going off the record,
`the time is 13:42.
`(1:42 p.m.)
` (Discussion off the record.)
`
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` A. Yes.
` Q. And did Neonode refer to the device as "N1" at
`that -- at that time?
` A. Yes.
` Q. Who presented the Neonode phone at the CeBit
`conference in 2002?
` A. Myself.
` Q. Did you give a demonstration of how the device
`worked at the conference?
` A. Yes.
` Q. Were people attending the conference permitted
`to try out the N1 device?
` A. Separate seatings, not publicly.
` Q. Were the separate seatings for people that were
`not Neonode employees?
` A. Typically large operators or customers.
` Q. Did the N1 phone shown at CeBit have
`the ability to lock and unlock?
` A. No, it was more of a show general of
`the concept of gesturing instead of key pressing.
` THE COURT REPORTER: Sorry, could you repeat,
`"The concept of gesturing", was it?
` THE WITNESS: A gesture-based user interface,
`that was the thing we showed.
` MR. KRONENGOLD: Could you repeat
`4 (Pages 10 to 13)
`Merrill Corporation - Chicago
`(312) 386-2000
`www.merrillcorp.com/law
`
`77b7859f-2f5e-47cf-b77b-e569fade9eff
`
`Samsung et al. v. Neonode
`IPR2021-00145 (US 8,812,993)
`Neonode Ex. 2005 - Page 4
`
`

`

`Joseph Shain and Thomas Eriksson
`March 19, 2012
`Page 14
`
`Page 16
`
`the question, please?
`BY MS. GARRIGAN
` Q. Sure. Do you -- does the N1 phone have
`the capability of locking and unlocking?
` A. Yes.
` Q. Did the prototype that was shown at CeBit have
`the ability to lock and unlock?
` A. Yes.
` Q. And was the unlocking functionality shown at
`the CeBit 2002 conference?
` A. Yes.
` Q. Did you personally demonstrate the unlocking
`function?
` A. It was part -- it was not a big thing. It was
`part of the user interface. It was part of
`a gesture-based concept we showed, so in terms of our
`finished product, it was more a -- a concept we showed
`the public to look at the -- the acceptance of
`a gesture-based user interface.
` Q. And what was the gesture that unlocked
`the phone in 2002?
` A. The idea was to use the phone with a one-hand
`navigation, so that was the reason it was on the bottom
`side of the phone.
` Q. And when you say "bottom side", could you
`Page 15
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`it was late 2004.
` MR. KRONENGOLD: The question was, "Was
`the manual available?" Was a manual --
` MS. GARRIGAN: I'll clarify.
`BY MS. GARRIGAN
` Q. When you were showing the phone at the CeBit
`conference, was there also a manual present?
` A. No.
` Q. Did the manual exist as of 2002 for the --
` A. No.
` Q. -- N1 phone?
` A. No.
` Q. Do you know about when the manual was made for
`the N1 phone?
` A. It was made available when we launched
`the product because we had to give a manual to
`the product when we put it on the market.
` Q. At the 2002 CeBit conference did you or anyone
`from Neonode hand out any sort of literature or flyers
`about the phone?
` A. Yes.
` Q. Did any of that literature describe how to use
`the phone?
` A. It described a gesture-based user interface.
` Q. Do you know -- and I understand that
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`Page 17
`the unlocking functionality was a very small part of
`the phone, but do you know if that unlocking
`functionality was in any of the literature that was
`distributed?
` A. I don't know. I can't say for sure.
` Q. Was the -- and I apologize because I'm probably
`going to butcher the name of this place. Was
`the Neonode N1 phone shown in December 2002 at a press
`conference in Fryshuset in Stockholm?
` A. Fryshuset.
` Q. Fryshuset. I practiced, just to let you know.
` A. Yes, it was. That was kind of the official
`launch in Sweden.
` Q. And was that conference in December of 2002?
` A. Yes.
` Q. And, again, was an N1 device shown at that
`conference?
` A. Yes.
` Q. Were people who attended the conference in 2002
`permitted to use the N1 device?
` A. Yes.
` Q. And did that device also have the locking and
`unlocking functionality?
` A. Yes.
` Q. Did you -- were you the person that
`5 (Pages 14 to 17)
`Merrill Corporation - Chicago
`(312) 386-2000
`www.merrillcorp.com/law
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`elaborate a little bit more about how the --
` A. The screen has a top and bottom, so if you hold
`the device there is a top side of screen and bottom
`side of the screen, and to reach the top of the screen
`is very difficult with one hand; that's why it's
`positioned on the bottom side.
` Q. What gesture would a user make to unlock the N1
`phone?
` A. Sweep from one side to the other.
` Q. From left to right or right to left?
` A. Actually both, depending if you're a left or
`right-handed person.
` Q. But was the phone capable --
` A. Yes.
` Q. -- of being set for left-handed or
`right-handed?
` A. Yes.
` Q. I see. And if you were right-handed, was it
`left to right?
` A. Typically. You can program it, it's not
`a setting in the phone.
` Q. Was the -- was a manual for the N1 phone
`available at the 2002 CeBit conference?
` A. No, it was not available to buy. We showed
`the concept. The phone was available to buy, I think
`
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`77b7859f-2f5e-47cf-b77b-e569fade9eff
`
`Samsung et al. v. Neonode
`IPR2021-00145 (US 8,812,993)
`Neonode Ex. 2005 - Page 5
`
`

`

`Joseph Shain and Thomas Eriksson
`March 19, 2012
`Page 18
`demonstrated the phone at the December 2002 --
` A. Yeah, one of the few. A couple of other people
`that are not in the company any more.
` Q. And who were those people?
` A. Magnus Goertz, the other founder, and
`Jonas Lovgren, which is not in the company any more.
` MR. KRONENGOLD: Did you get that name?
` THE COURT REPORTER: I can check them later
`if that's easier.
`BY MS. GARRIGAN
` Q. Did you demonstrate the unlocking functionality
`of the Neonode phone at the December 2002 conference?
` A. Yes.
` Q. And was that -- did you demonstrate it by
`making the sweep from left to right across the bottom
`of the screen?
` A. Yes.
` Q. I take it you're right-handed then?
` A. Yeah. Again, it's one of the -- one of the
`functions in the phone.
` Q. Did Neonode pass out literature about the N1
`phone at the December 2002 conference?
` A. Yes.
` Q. And did any of that literature describe how
`the phone functioned?
`
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` A. Because it was a new, innovative product that
`you could operate with one hand and it was very small
`and a new type of user interface that you haven't seen
`in a handset at that time.
` Q. Let's talk about that user interface for
`a minute; is there a name for it?
` A. Neno.
` Q. And did Neonode do the programming for the Neno
`interface?
` A. Yes.
` Q. Did anyone other than Neonode do any of
`the programming for the Neno -- Neno interface?
` A. No.
` Q. Did the Neno interface include the unlocking
`and locking functionality?
` A. Yes.
` Q. So that was programmed by Neonode as well?
` A. Yes.
` Q. Do you know whose idea it was to have the phone
`unlock with a sweeping gesture?
` A. It was my -- myself and the other founder,
`Magnus Goertz.
` Q. How did you come up with the idea?
` MR. KRONENGOLD: I object to the extent that
`the question calls for the disclosure of confidential
`Page 21
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`Page 19
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`and proprietary information.
` To the extent that you can answer
`the question without revealing proprietary
`information --
` THE WITNESS: No, I'm not answering
`the question.
`BY MS. GARRIGAN
` Q. That's fine.
` Did -- after the 2002 conferences, did Neonode
`begin taking preorders for the N1 phone?
` A. Yes.
` Q. About how many preorders did Neonode receive?
` A. About 120,000.
` Q. When was the N1 phone first available for sale?
` A. It was after summer 2004.
` Q. And who was in --
` A. We had a press release out. I don't remember
`exactly, I think it was -- I think we have that
`somewhere, but it should be after summer 2004.
` MS. GARRIGAN: Counsel, do you want me to
`reserve questions about the sale of the Neonode phone
`for Mr. Shain?
` MR. KRONENGOLD: Yes.
` MS. GARRIGAN: Okay.
` MR. KRONENGOLD: Thank you.
`6 (Pages 18 to 21)
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`www.merrillcorp.com/law
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` A. I believe so.
` Q. Would it have been the same literature that was
`passed out at the March conference?
` MR. KRONENGOLD: I object to the extent that
`you're asking the witness to speculate.
` If you know, great. If you do not know,
`simply say "I don't know".
` THE WITNESS: I don't know. I don't
`remember.
`BY MS. GARRIGAN
` Q. Do you remember if the literature passed out at
`the December 2002 conference described the unlocking
`functionality?
` A. I don't remember.
` Q. Did the two -- did Neonode demonstrate the N1
`phone at any other conferences in 2002?
` A. No, not that -- no.
` Q. Did -- was the phone demonstrated at any
`conferences before it was available for sale?
` A. Don't remember.
` Q. Did the conferences in 2002 generate a lot of
`attention for the N1 phone?
` A. Yes.
` Q. Why do you believe it generated so much
`attention?
`
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`77b7859f-2f5e-47cf-b77b-e569fade9eff
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`Samsung et al. v. Neonode
`IPR2021-00145 (US 8,812,993)
`Neonode Ex. 2005 - Page 6
`
`

`

`Page 24
`
`Joseph Shain and Thomas Eriksson
`March 19, 2012
`Page 22
` MS. GARRIGAN: Can you mark exhibit 2?
` THE COURT REPORTER: Has the witness got
`a copy?
` MR. KRONENGOLD: Yes.
` MS. GARRIGAN: Yes, but take the marked
`exhibit.
` (Exhibit 2 marked for identification)
`BY MS. GARRIGAN
` Q. Do you recognize this document?
` A. Yes.
` Q. Is this a true and correct copy of the N1 user
`manual?
` A. It looks like it, yes.
` Q. Take your time if you want to look at the whole
`document.
` MR. KRONENGOLD: Counsel, I think that Yossi
`Shain would be able to identify.
` MS. GARRIGAN: Okay.
` Can I mark exhibit 3.
` (Exhibit 3 marked for identification)
`BY MS. GARRIGAN
` Q. Mr. Eriksson, have you ever seen this document
`before?
` A. Yes.
` Q. What is it?
`
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` A. Yes, I see that.
` Q. And the instructions tell the user to, "Press
`the power button once", and then, "The text 'Right
`sweep to unlock' appears on the screen"; do you see
`that?
` A. Yes.
` Q. Did the N1 phone ever have an unlock user
`interface where the words "Right sweep to unlock"
`appeared?
` A. Yes.
` Q. Do you know about when that user interface
`would have existed on the N1 phone?
` A. 2004, at the start.
` Q. And did the user interface for the N1 ever
`change so that it didn't say "Right sweep to unlock"?
` A. Yes.
` Q. When was -- and when was that?
` A. At the launch of our second product, the N1m.
` Q. And did the N1 and the N1m require the same
`gesture to unlock the phone?
` A. Yes.
` Q. And is that an accept sweep?
` A. Yes.
` Q. Did Neonode write the N1 Quick Start Guide?
` A. Yes.
`
`Page 25
` Q. And is that the type of document that Neonode
`would normally generate during the course of its
`business?
` A. Yes.
` Q. And do you know about when the N1 Quick Start
`Guide was first written, as opposed to version 5?
` A. It was in -- in terms of development of
`the product, so I would say the first draft early 2004,
`and then it was released as a final version with
`the product when it was launched.
` MS. GARRIGAN: I believe that's all
`the questions I have for Mr. Eriksson. Thank you very
`much for your time, I really appreciate it.
`EXAMINATION BY MS. HO
` Q. I do have some follow-up questions.
` If you could go back in your mind to
`the demonstration in March 2002 that you discussed with
`counsel. I believe you stated that certain customers were
`permitted to -- to use the device at that demonstration; is
`that correct?
` A. Yeah.
` Q. Was any of that under non-disclosure agreement?
` A. Not that I know of.
` Q. So who were the -- the people who attended that
`conference that were permitted to use the prototype N1
`7 (Pages 22 to 25)
`Merrill Corporation - Chicago
`(312) 386-2000
`www.merrillcorp.com/law
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` A. It's the manual attached to the product,
`I think version 0.5 it says. I think it came in
`several versions but this is one of them.
` Q. Are you able to attribute any date to this
`document?
` A. This is probably early 2004 document.
` Q. Is this a true and correct copy of an N1
`manual?
` A. There's actually several, but this is -- yes,
`this is one of them -- one of the -- the first ones.
`We did several versions of this, but ...
` Q. Do you know if this is a draft or a final copy
`of the manual, or is there any way to tell?
` A. Mm. This is the same as was with
`the product -- the format of this is that the manual is
`much smaller, it's -- the format of this manual was
`about this size, so this is enlarged, the sizes are
`smaller and attached in the product package.
` Q. So when a user bought an N1 phone, they would
`have received a manual like this?
` A. Yes.
` Q. Can I draw your attention to the page that ends
`in 119, the numbers in the bottom right-hand corner.
`Do you see about halfway down there's a heading that
`says "Keylock - unlocking the unit"?
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