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`1 UNITED STATES PATENT AND TRADEMARK OFFICE
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` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`4 ____________________________________________
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` SAMSUNG ELECTRONICS CO. LTD.,
`7 SAMSUNG ELECTRONICS AMERICA, INC.,
` AND APPLE, INC.
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`8 9
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` Petitioners
`10 v.
`11 NEONODE SMARTPHONE, LLC
`12 Patent Owner
`13
`14 Case IPR2021-00145
`15 U.S. Patent No. 8,812,993
`16
`17
`18
`19 _____________________________________________
`20 ORAL AND VIDEOCONFERENCE DEPOSITION
`21 PER BYSTEDT
`22 December 1, 2021
`_____________________________________________
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`Per Bystedt
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`EXHIBIT 1055
`Samsung et al. v. Neonode
`IPR2021-00145
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`1 UNITED STATES PATENT AND TRADEMARK OFFICE
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` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`4 ____________________________________________
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`2 3
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`5 6
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` SAMSUNG ELECTRONICS CO. LTD.,
`7 SAMSUNG ELECTRONICS AMERICA, INC.,
` AND APPLE, INC.
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`8 9
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` Petitioners
`10 v.
`11 NEONODE SMARTPHONE, LLC
`12 Patent Owner
`13
`14 Case IPR2021-00145
`15 U.S. Patent No. 8,812,993
`16
`17
`18
`19 _____________________________________________
`20 ORAL AND VIDEOCONFERENCE DEPOSITION
`21 PER BYSTEDT
`22 December 1, 2021
`_____________________________________________
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`Per Bystedt
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` ORAL AND VIDEOCONFERENCE DEPOSITION OF
`3 PER BYSTEDT, produced as a witness at the instance of
`4 the Petitioners, and duly sworn, was taken in the
`5 above-styled and numbered cause on December 1, 2021,
`6 from 8:55 a.m. to 9:30 a.m., before Mia Hoang,
`7 Certified Shorthand Reporter in and for the State of
`8 Texas, reported by computerized stenotype machine via
`9 Zoom, pursuant to the Federal Rules of Civil Procedure
`10 and the provisions stated on the record or attached
`11 hereto.
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`1 A P P E A R A N C E S
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`FOR THE PETITIONERS:
`4 Mr. Zachary Loney
` DLA Piper
`5 303 Colorado Street, Suite 3000
` Austin, Texas 78701
`6 Telephone: (512) 457-7203
` E-mail: zachary.loney@dlapiper.com
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`FOR THE PATENT OWNER:
`9
` Mr. Mark Carlson
`10 HAGENS, BERMAN, SOBOL, SHAPIRO, LLP
` 1301 Second Avenue, Suite 2000
`11 Seattle, WA 98101
` Telephone: (206) 623-7292
`12 E-mail: markc@hbsslaw.com
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`1 I N D E X
`2 PAGE
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`Appearances ...................................... 3
`5 PER BYSTEDT
`6 Examination by Mr. Loney .................... 5
`7 Signature and Changes ............................ 26
`8 Reporter's Certificate ........................... 28
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`13 E X H I B I T S
`14
`15 NO. DESCRIPTION PAGE
`16 Exhibit 1 Updated Notice of Deposition 7
`17 of Per Bystedt
`18 Exhibit 2 Bystedt Declaration 8
`19
`20 ***********
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`1 THE REPORTER: Could you raise your
`2 right hand to be sworn?
`3 (Witness sworn)
`4 PER BYSTEDT,
`5 having been first duly sworn, testified as follows:
`6 EXAMINATION
`7 BY MR. LONEY:
`8 Q. Thank you for joining us today. Could you
`9 please state your full name for the record.
`10 A. Per Bystedt.
`11 Q. And where are you currently located today?
`12 A. In Stockholm, Sweden.
`13 Q. And just to be clear. Are you comfortable
`14 proceeding with today's deposition speaking in
`15 English?
`16 A. Yes.
`17 Q. Okay. And if that changes at any point, will
`18 you let me know?
`19 A. Yes.
`20 Q. Okay. You understand you're under oath for
`21 this deposition, correct?
`22 A. Yes.
`23 Q. And you understand that the testimony you're
`24 giving today will be given as if it were in a court?
`25 A. Yeah.
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`1 Q. And you understand based on that oath that
`2 you're required to tell the truth, the whole truth,
`3 and nothing but the truth, right?
`4 A. Yes.
`5 Q. Okay. Now, have you ever been deposed
`6 before?
`7 A. No, I don't think so.
`8 Q. Okay. So just to -- to explain a few things.
`9 I'll -- I'll ask a series of questions. And I just
`10 request that you do your best to answer my questions.
`11 Okay?
`12 A. Okay.
`13 Q. All right. If you ever don't understand a
`14 question, you'll let me know, and we can work through
`15 that. Okay?
`16 A. Yeah.
`17 Q. The other thing. As -- as you may know --
`18 know, the court reporter who's here with us today will
`19 be transcribing both my questions and your answers for
`20 the record. And for her to -- to do that, we'll --
`21 we'll need to communicate verbally rather than with
`22 visuals. Do you understand that?
`23 A. Yes.
`24 Q. Okay. And a few more things. After the
`25 deposition's over, you'll have the opportunity to read
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`1 the transcript, as well as make any corrections that
`2 you may see in the transcript. Do you understand
`3 that?
`4 A. Yes.
`5 Q. And then just so you're fully aware. If you
`6 do make corrections, we will be allowed to point out
`7 those changes to the Court. Do you understand that?
`8 A. Yes.
`9 Q. Okay. And now, is there any reason today
`10 that you can't provide truthful, accurate and complete
`11 testimony?
`12 A. No.
`13 Q. Okay. And if that changes at any point
`14 during our conversation, you'll tell me, right?
`15 A. Yes.
`16 (Exhibit 1 marked)
`17 Q. (BY MR. LONEY) All right. I've put a
`18 document labeled Exhibit 1, the updated notice of --
`19 notice of deposition. If you could download that from
`20 the chat window and let me know when you have it open.
`21 A. I have it.
`22 Q. And just to clear. This is the -- it
`23 should -- the title should say, Notice of Deposition.
`24 Do you have that in front of you?
`25 A. Yeah, it says Petitioners' Updated Notice of
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`1 Deposition of Per Bystedt IPR2021-0015 -- 45.
`2 Q. Wonderful.
`3 Have you -- have you seen this document
`4 before?
`5 A. No.
`6 Q. Okay. But sitting here today, are you
`7 prepared to -- to give testimony regarding the
`8 statements you made in your declaration?
`9 A. Yes.
`10 (Exhibit 2 marked)
`11 Q. Okay. And then I've also loaded Exhibit 2
`12 into the chat window. If you'll let me know when you
`13 have that open.
`14 A. I have it printed out. It's the same that I
`15 signed in the, whenever it was. The one what I -- I
`16 have made before --
`17 Q. So just to be clear --
`18 A. -- the 4th of October --
`19 Q. Sorry.
`20 A. -- is --
`21 Q. Thank you.
`22 And so just to be clear. Exhibit 2 is
`23 the -- the declaration -- the declaration you
`24 submitted?
`25 A. Yes.
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`1 Q. And --
`2 A. But I haven't checked if it's exactly the
`3 same that you have downloaded, but I presume it is.
`4 Q. And the -- on the very last page of your
`5 declaration, that's your signature, correct?
`6 A. Yes.
`7 Q. And your initials appear in the lower
`8 right-hand corner of all but the cover page?
`9 A. Yes.
`10 Q. Okay. Now, are you aware of -- of which
`11 patent is at issue in the current proceeding?
`12 A. Yes.
`13 Q. Did you review the patent at issue in
`14 preparation for your deposition today?
`15 A. No.
`16 Q. Okay. Have you reviewed that patent at any
`17 point?
`18 A. Yes, many years ago when -- in -- yeah, what
`19 is it --
`20 Q. Okay.
`21 A. -- 10, 15 years ago.
`22 Q. Okay. And do you know anybody -- anybody by
`23 the name of Craig Rosenberg that's involved with this
`24 proceeding?
`25 A. No.
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`1 Q. Okay. Are you aware of a Mr. Marcus Backlund
`2 who is related to this proceeding?
`3 A. Yes. I haven't met him for many years, but I
`4 know him, yes.
`5 Q. Prior to your deposition -- or in the -- in
`6 the last two days, have you spoken with Mr. Marcus
`7 Backlund regarding your deposition?
`8 A. No.
`9 Q. Okay. Now, did you perform any type of
`10 market analysis related to the current proceeding?
`11 A. I don't understand. Market analysis?
`12 Q. Yes.
`13 A. Well, I don't understand the question.
`14 Q. Did you -- in preparation for your deposition
`15 today, did you -- did you perform any kind of analysis
`16 of the market related to the statements made in your
`17 declaration?
`18 A. I -- I haven't done that, but I don't really
`19 understand the question, what actually have been.
`20 Q. Did you perform any kind of financial
`21 analysis related to the declaration that you provided
`22 in this proceeding?
`23 A. No. I don't --
`24 Q. Okay.
`25 A. -- really understand that question either,
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`1 what that should have been, but no, I haven't.
`2 Q. Okay. And did -- did you provide -- did
`3 you -- did you perform any type of technical analysis
`4 related to the patent at issue in this current
`5 proceeding in preparation for your deposition today?
`6 A. No.
`7 Q. Actually, let me rephrase that slightly.
`8 Did you perform any type of technical
`9 analysis related to the patent at issue in this
`10 proceeding as it would relate to the statements made
`11 in your declaration?
`12 A. I -- I don't really understand. But I -- in
`13 general, I made no specific preparations for the
`14 declaration.
`15 Q. Are you -- do you currently sit on the board
`16 of directors for Neonode?
`17 A. No.
`18 Q. Did you ever sit on the board of directors
`19 for Neonode?
`20 A. Yes.
`21 Q. Okay. And looking at Paragraph 7 of your
`22 declaration. Did you sit on the board of directors
`23 from August 2004 to October 2017?
`24 A. Yes, I -- that's what I recall. I haven't
`25 checked the exact filings, but that's my recollection,
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`1 yes.
`2 Q. Okay. And it -- you also stated that you
`3 were CEO of Neonode for two different periods. From
`4 September 2005 to February 2007 and May 2008 to
`5 January 2011; is that right?
`6 A. Yes. I haven't checked exact dates, but
`7 that's my recollection, yes.
`8 Q. Did you ever hold any other position at
`9 Neonode?
`10 A. No, not what I'm aware of.
`11 Q. Are you currently employed by Neonode?
`12 A. No.
`13 Q. Are you currently employed by any affiliate
`14 of Neonode?
`15 A. No.
`16 Q. Okay. Do you currently own stock in Neonode?
`17 A. Yes.
`18 Q. And how much stock do you own of Neonode?
`19 A. I don't really know. Perhaps around
`20 10,000 shares.
`21 Q. Okay. And do you know what the current value
`22 of Neonode's stock price is?
`23 A. No, but I presume that's been -- last time I
`24 check, it was, what, 8, $9.
`25 Q. Okay. Do you have any other financial
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`1 interests related to Neonode?
`2 A. No.
`3 Q. Now, Mr. Bystedt, if you could turn to
`4 Paragraph 4 of your declaration. Let me know once
`5 you're there.
`6 A. 4. Yes.
`7 Q. And this paragraph is discussing your
`8 conversations in 2004 with Mr. Ericsson and
`9 Mr. Goertz, right?
`10 A. Yes.
`11 Q. Okay. During that time, were there --
`12 A. I have --
`13 Q. -- any handheld devices -- oh, I'm sorry. I
`14 didn't mean talk over you. You were breaking up just
`15 a little bit.
`16 A. No. I have -- I just agreed that the main
`17 part of that paragraph is about the discussions with
`18 Ericsson and Goertz.
`19 Q. Okay. And during this time, were you aware
`20 of any handheld devices other than Neonode's that
`21 included touch screen technology?
`22 A. Yes.
`23 Q. And what were those devices?
`24 A. I had a Palm Pilot before that which had a
`25 resistive touch screen with a stylus. You perhaps had
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`1 one yourself. And then there were other more like
`2 Blackberries with some touch screen possibilities.
`3 But that is if you go -- if you -- if you want to
`4 check out what was in the market. But yes, there were
`5 some products trying to integrate touch screen in
`6 mobile devices, yes.
`7 Q. And did those -- those touch screen handheld
`8 devices, did they use a gesture based user input?
`9 A. No, not what I recall and no. Not to my
`10 recollection.
`11 Q. Did they -- did those handheld devices have
`12 handwriting recognition?
`13 A. I don't know. Most of them that I saw, I
`14 have not of course seen every device in the world,
`15 often have a stylus.
`16 Q. Uh-huh. Now, when you --
`17 A. And your thumb that you could press on the
`18 screen. I don't really remember.
`19 Q. When you refer -- when we use the term
`20 gesture based user interface, are you referring to
`21 only using fingers instead of a stylus?
`22 A. When -- when -- oh, you -- I haven't referred
`23 to anything.
`24 Q. Well, so in paragraph --
`25 A. But are you --
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`1 Q. In Paragraph 4 --
`2 A. -- are you referring to what I say in
`3 Paragraph 4?
`4 Q. Yes, yes. In Paragraph 4, you said that the
`5 gesture based user interface was disruptive. The
`6 second line from the bottom of the page.
`7 A. Yes.
`8 Q. And when you use the phrase gesture based
`9 user interface, would that include user interfaces
`10 that used a stylus?
`11 A. What I mean in the -- in the paragraph is, of
`12 course, that we could maneuver the device with one
`13 hand sweeping with your finger.
`14 Q. Okay.
`15 A. And that basically could entire user
`16 interface was based on pressing and sweeping with your
`17 finger. Which I at that time haven't -- hadn't seen
`18 anywhere else.
`19 Q. Let's see.
`20 You were aware of handheld devices that
`21 allowed for navigation of menus and -- and -- and
`22 screens using a stylus, though, correct?
`23 A. I don't recall that that clearly but, yes,
`24 for example, Nokia, quite clumsy phone with what you
`25 call a dashboard like Blackberry. And then you can
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`1 flip the top, and then it'll have a -- a screen that I
`2 think had some touch with stylus or a Palm Pilot like
`3 resistive touch. Yes.
`4 Q. And was Neonode's improvement on these --
`5 these prior phones, these other phones to provide a
`6 user interface that could be operated with a single
`7 hand?
`8 A. Yes, among some other things. Yes, that was
`9 my analysis and conclusion.
`10 Q. Another question, you --
`11 A. But -- but basically the entire user
`12 interface was maneuvered through sweeping and pointing
`13 with your finger.
`14 Q. Okay.
`15 A. In a very smooth way. Because on a resistive
`16 touch, it's very hard to sweep, as you probably know.
`17 Q. And you -- you refer to -- to every other
`18 mobile phone manufacturer at the time in that last
`19 sentence on Page 1. What entities are you referring
`20 to when you say every other mobile phone manufacturer?
`21 A. The ones that I was aware of at the time.
`22 Q. And could you list those?
`23 A. No. You know, in -- in that time, it was a
`24 lot of Nokia and some Ericsson.
`25 Q. Are there any other manufacturers that you
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`1 would have included in that statement?
`2 A. Perhaps the Motorola --
`3 Q. Okay.
`4 A. -- I'm not sure.
`5 Q. Would you -- would you have included Palm in
`6 that statement?
`7 A. No, it's not a mobile phone. And it's a
`8 written stylus and a resistive touch, so you can't
`9 sweep with your fingers on that.
`10 Q. Okay. Would you include -- have included any
`11 of the -- the stylused -- the stylus based phones made
`12 by other manufacturers?
`13 A. No. Because it's a totality different way of
`14 controlling your device.
`15 Q. Okay.
`16 A. And for very different purposes at that time.
`17 It was my analysis and what I knew at that time, and I
`18 still think it was like that at that time.
`19 Q. And then if -- if we turn to Paragraph 11 of
`20 your -- your declaration. If you could let me know
`21 when you're there.
`22 A. Yes.
`23 Q. You state that to the best of your
`24 recollection, Neonode sold 50,000 N1 and N2 phones.
`25 Do you see that?
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`1 A. Yes.
`2 Q. How many of those 50,000 units were N1 phones
`3 versus N2 phones?
`4 A. I -- I don't remember exactly. But I would
`5 say, my guess, and it's a guess, and I would check
`6 the -- I have the possibility to check numbers that
`7 it's perhaps 20/30.
`8 Q. Okay. And what time frame were these units
`9 sold over?
`10 A. I don't know exactly, but it -- this would
`11 have been 2004/'5 to 2007. Something like that.
`12 It's -- yeah.
`13 Q. 2004 to 2008?
`14 A. With the main part, 2005 and 2007,
`15 early 2008. And then came the financial crisis in the
`16 summer of 200 -- yes, something like that.
`17 Q. Okay. And then you also mentioned a hundred
`18 thousand preorders. Do you see that?
`19 A. Yes.
`20 Q. And when did Neonode receive those preorders?
`21 A. During -- as I recollect, again I haven't
`22 checked the numbers. We can probably -- or somebody
`23 can probably do that. I don't have the books, but I
`24 would say we were building an order book with
`25 operators in -- in Europe and India, among others, in
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`1 the late 2007, but maybe first half 2008. That's my
`2 memory. But it -- you know, it's a memory. But it
`3 should have been roughly that.
`4 Q. And Neonode was not able to fulfill any of
`5 those 100,000 preorders?
`6 A. I don't know if we were not able to ful --
`7 fulfill any, but the main part, no.
`8 Q. I mean, going back to the 50,000 units we
`9 mentioned earlier. Were all 50,000 of those units
`10 fulfilled?
`11 A. As I recollect, yes.
`12 Q. Okay.
`13 A. I think my memory is, but again, it's my
`14 memory. It's a long time ago. Is that we produced
`15 roughly 50,000 N1 and N2 phones during that time
`16 period we discussed earlier.
`17 Q. Let's see.
`18 How did Neonode initially sell its --
`19 its phones?
`20 A. As I recollect, on the web page and through
`21 some resellers and operators that we have mainly in
`22 Sweden.
`23 Q. So looking at Paragraph 14, you said that
`24 the -- the second line you say, The prevailing
`25 business model was for manufacturers to sell phones to
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`1 the network operators.
`2 Do you see that?
`3 A. Yes.
`4 Q. Was that how Neonode sold its phones?
`5 A. Part of the phones. We started off trying to
`6 sell it on the Internet, on the web on our home page.
`7 But at that time in 2004, '5, '6, '7 until the iPhone
`8 came, the operators were very dominant in the
`9 distribution of mobile phones globally.
`10 Q. Uh-huh.
`11 A. We had basically to go through them. And it
`12 was hard to make con -- consumers buy mobile phones
`13 directly from the manufacturer because basically all
`14 mobile phones, as I recollect, and I think you can
`15 also Google that and confirm it, is that you got
`16 discounts by prolonging your operator agreement. So
`17 consumers were not used to buy phones off the
`18 counters, so to say, which is totally different now
`19 where you have much more of a mix.
`20 Q. Were other phone manufacturers successful in
`21 selling phones that were not tied to a network
`22 operator?
`23 MR. CARLSON: Objection, vague as to
`24 date.
`25 A. Sorry.
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`1 Q. (BY MR. LONEY) Oh. Sorry, it's a -- it's a
`2 first deposition for you, Mr. Bystedt. In -- in -- in
`3 the deposition, your counsel may make an objection to
`4 my questions. Unless he explicitly instructs you not
`5 to answer, though, you should -- you should provide an
`6 answer to the question.
`7 A. I didn't hear what Mark Carlson said.
`8 Q. Uh-huh.
`9 MR. CARLSON: Well, I just -- I -- I
`10 just had an objection to the -- to the question
`11 because it was vague. It -- it didn't -- it didn't
`12 have a date in it, so it -- it -- it -- you know, your
`13 answer could have been as to any date and time. So
`14 that was my objection. But you can go ahead and --
`15 and answer it, and the Judge will sort out the
`16 objection later.
`17 A. As I remembered it, I -- I don't remember any
`18 successful independent mobile phone manufacturer that
`19 sold a lot of phones outside the operator network in
`20 the year 2005, '6. No, '7, perhaps. But that --
`21 that's my recollection. But there might be exceptions
`22 that have a lot of money or were working in other
`23 markets. I don't know that.
`24 Q. (BY MR. LONEY) When Neonode did sell its
`25 products, did they have the same or similar
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`1 capabilities as other products on the market at the
`2 time?
`3 A. Yes, I think so.
`4 Q. Okay. Did the original N1, did it include
`5 Wi-Fi capability?
`6 A. I don't remember.
`7 Q. Do you know if it included 3G wireless
`8 capabilities?
`9 A. I can, again, Google that. As I also state
`10 in my declaration, it -- it was a long list of
`11 capabilities that you had to meet in order to be sold
`12 through the operator's distribution network. My
`13 recollection is that we worked very hard to meet
`14 those, so I assume we met the ones that were standard
`15 at the time. But I don't remember exactly every
`16 specific -- specific occasion, no.
`17 Q. Okay. I'm just going to run through a few
`18 more just to be thorough, but do you -- do you recall
`19 whether the -- the Neonode phones included GPS
`20 capability?
`21 A. No, I don't remember that.
`22 Q. Do you recall whether the Neonode phones
`23 included Bluetooth?
`24 A. I think so because I know we worked hard on
`25 that. I don't remember all the specifications, but
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`1 it's all -- easy for you to check up, the
`2 possibilities.
`3 Q. Do you recall when the first Neonode phones
`4 were delivered to customers based on their orders?
`5 A. No, not exactly. I know that the famous
`6 Swedish national team soccer player bought one
`7 probably around 2004.
`8 Q. Okay.
`9 A. His name was -- he was called Chippen. He
`10 played in Anderlecht in Belgium. Anyway, yeah.
`11 Q. Oh, I'm -- I'm -- I'm actually very curious
`12 about that --
`13 A. It was a good time.
`14 Q. -- if you could spell his last name.
`15 A. -- he was on the team -- team. He had both
`16 an N1 and N2.
`17 Q. When did Neonode start taking preorders for
`18 the N1?
`19 A. I don't remember exactly.
`20 Q. Okay.
`21 A. My recollection is that there were preorders
`22 before I invested. But whether that was preorders or
`23 people signing up their interest, I don't remember.
`24 Q. Did Neonode use the same manufacturer for all
`25 of its products? Its phone products?
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`1 A. I don't remember if it was the same for all,
`2 no. Or if there were a second source. I know we
`3 worked on second source things, but I'm not, as you
`4 probably know, an engineer. So I was not the chairman
`5 or CEO involved directly in the exact production. It
`6 was more Ericsson and Goertz, the engineering guys
`7 that worked on that.
`8 THE REPORTER: I'm sorry. It was -- it
`9 was how?
`10 THE WITNESS: Mr. Ericsson and
`11 Mr. Goertz, the two founders of the company.
`12 Q. (BY MR. LONEY) So just to circle back to
`13 Paragraph 11. Is it correct to say that during the
`14 time that Neonode sold its phones, it -- it only sold
`15 approximately 50,000 units?
`16 A. Yes.
`17 Q. Okay.
`18 A. That's my recollection.
`19 Q. All right. And this -- this is good news. I
`20 think I'm going to take a quick break and marshal my
`21 thoughts, but I think we're -- we're close to
`22 getting -- to wrapping up here.
`23 (Recess taken, 9:24 a.m. to 9:30 a.m.)
`24 Q. (BY MR. LONEY) Welcome back, Mr. Bystedt.
`25 Thank you for the time.
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`1 MR. LONEY: I have no more questions for
`2 the witness.
`3 MR. CARLSON: Okay. I have no questions
`4 either.
`5 Thank you very much for your time, sir.
`6 (Deposition concluded at 9:30 a.m.)
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`1 CHANGES AND SIGNATURE
`2 PER BYSTEDT
`3 December 1, 2021
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`PAGE/LINE CHANGE REASON
`6 ______________________________________________________
`7 ______________________________________________________
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` I, PER BYSTEDT, have read the foregoing deposition
`3 and hereby affix my signature that same is true and
`4 correct, except as noted above.
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` __________________________
` PER BYSTEDT
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`1 SAMSUNG ELECTRONICS CO. LTD.,
` SAMSUNG ELECTRONICS AMERICA, INC.,
`2 AND APPLE, INC.
`3 Petitioners
`4 v.
`5 NEONODE SMARTPHONE, LLC
`6 Patent Owner
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`7 8
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` Case IPR2021-00145
`9 U.S. Patent No. 8,812,993
`10 _______________________________________________
`11
`12 REPORTER'S CERTIFICATE
`13 ORAL AND VIDEOCONFERENCE DEPOSITION
`14 PER BYSTEDT
`15 December 1, 2021
`16
`17 I, Mia Hoang, Certified Shorthand Reporter in
`18 and for the State of Texas, hereby certify that to the
`19 following:
`20
`21 That the witness, PER BYSTEDT, was duly sworn
`22 by the officer and that the transcript of the oral
`23 deposition is a true record of the testimony given by
`24 the witness;
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` I further certify that pursuant to FRCP Rule
`4 30(f)(1) that the signature of the deponent:
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`5 6
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` __X__ was requested by the deponent or a party
`7 before the completion of the deposition and returned
`8 within 30 days from date of receipt of the transcript.
`9 If returned, the attached Changes and Signature Page
`10 contains any changes and the reasons therefor;
`11
`12 ____ was not requested by the deponent or a
`13 party before the completion of the deposition.
`14
`15 I further certify that I am neither attorney
`16 nor counsel for, related to, nor employed by any of
`17 the parties in the action in which this testimony was
`18 taken.
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`20 Further, I am not a relative or employee of
`21 any attorney of record in this cause, nor do I have a
`22 financial interest in the action.
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` Subscribed and sworn to on this the _____ day
`3 of _________________, 20___.
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`4 5 6 7
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` _____________________________
` Mia Hoang, CRC, RDR, CRR
`8 Texas CSR 5763
` Expiration: 10/31/22
`9 Discovery Resource Litigation
` Support Services
`10 Firm Registration No. 231
` 1511 West 34th Street
`11 Houston, Texas 77018
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