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`In the Matter of:
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`1 P R O C E E D I N G S
`2 THE VIDEOGRAPHER: Good afternoon. We're
`3 going on the record at 1:05 p.m. on March 25th,
`4 2021. This is the remote video-recorded deposition
`5 of Dr. Eric H. Maslen, taken in the matter of
`6 Unicorn Global, Incorporated, et al. v. Golabs,
`7 Incorporated, filed in the United States District
`8 Court for the Northern District of Texas, Dallas
`9 Division, Case Number 3:19-CV-0754-N.
`10 My name is Victoria Varner from firm the
`11 Veritext Legal Solutions. The court reporter is
`12 Connie Rhodes from the firm Veritext Legal
`13 Solutions.
`14 Will counsel please state your
`15 appearances and affiliations for the record.
`16 MR. PEZZANO: Tony Pezzano on behalf of
`17 Defendant Golabs.
`18 MR. WANG: Timothy Wang on behalf of the
`19 plaintiffs, Unicorn Global and Hangshou Chic.
`20 MR. MOORE: Steve Moore, also here on
`21 behalf of plaintiffs.
`22 THE VIDEOGRAPHER: Thank you. And will
`
`1 A P P E A R A N C E S
`
`2 3
`
` On behalf of Plaintiff:
`4 TIMOTHY WANG, ESQUIRE.
` STEVE MOORE, ESQUIRE
`5 Ni, Wang & Massand, PLLC
` 8140 Walnut Hill Lane
`6 Suite 500
` Dallas, Texas 75231
`7 (972) 331-4600
` Twang@nilawfirm.com
`
`8 9
`
` On behalf of Defendant:
`10 TONY PEZZANO, ESQUIRE
` Offit Kurman, P.A.
`11 590 Madison Avenue
` Sixth Floor
`12 New York, New York 10022
` (212) 545-1900
`13 Tony.pezzano@offitkurman.com
`14
`15 ALSO PRESENT:
`16 Victoria Varner, Videographer
`17 * * * * *
`18
`19
`20
`21
`22
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`Page 3
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`Page 5
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`1 the court reporter please swear in the witness.
`
`2 WHEREUPON,
`
`3 ERIC H. MASLEN, PHD
`
`4 called as a witness, and having been first duly
`
`5 sworn, was examined and testified as follows:
`
`6 EXAMINATION BY COUNSEL FOR DEFENDANT
`
`7 BY MR. PEZZANO:
`
`8 Q Good afternoon. Would you please state
`
`9 your full name and address for the record.
`
`10 A My name is Eric Harvey Maslen, and
`
`11 address is 748 Reas -- R-E-A-S -- Ford Road
`
`12 Earlysville, Virginia 22936.
`
`13 Q Have you ever been deposed by video
`
`14 before?
`
`15 A No, I haven't.
`
`16 Q All right. I'm going to -- before we
`
`17 begin, I'll just walk you through some of the
`
`18 procedures here. Have you -- and before that, let
`
`19 me just ask you one other question. Have you ever
`
`20 been -- have you ever testified at trial or at a
`
`21 legal hearing before?
`
`22 A Yes.
`
`1 C O N T E N T S
`2 EXAMINATION BY: PAGE
`3 Counsel for Defendant 5
`4 Counsel for Plaintiff 98
`
`5 6
`
` MASLEN DEPOSITION EXHIBITS:*
`7 1 U.S. Patent 9,376,155 B2 16
`8 2 U.S. Patent 10,597,107 B2 17
`9 3 U.S. Patent 10,850,788 B2 18
`10 4 Declaration of Dr. Eric H. Maslen in
`11 Support of Plaintiffs' Claim
`12 Constructions 20
`13 5 Declaration of Dr. William E. Singhose
`14 in Support of Defendant/Counterclaimant
`15 Golabs's Opening Claim Construction Brief 21
`16 6 Declaration of Dr. Eric H. Maslen in
`17 Rebuttal of Golabs's Motion for Partial
`18 Summary Judgment 29
`19 7 Chinese Patent CN203268232U 49
`20 8 Chinese Patent CN103529850B 46
`21 9 Chinese Patent CN202669532U 48
`22 (* Exhibits attached to transcript.)
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`1 Q How many trials and/or legal hearings
`2 have you testified at before?
`3 A I've got a list. Do you want me to -- I
`4 don't know.
`5 Q Do you have a rough estimate?
`6 A Maybe four or five trials.
`7 Q What were the outcomes of those trials?
`8 Can you summarize it?
`9 A Let's see. The first case, the outcome
`10 was they found for the plaintiff. Second case
`11 that I was an expert in settled out of court. The
`12 third settled out of court. I was in an
`13 arbitration. I don't know the outcome of that
`14 arbitration. Another one, no court hearing.
`15 Settled out of court. Gosh. There was a court
`16 hearing, I was there, there was a deposition, and
`17 I don't know the outcome.
`18 Swimways, let's see. That was deposition
`19 but no courtroom hearing. I believe they found for
`20 defendant, but I don't actually know the outcome.
`21 L&R, this was a preliminary injunction. I gave a
`22 deposition. Let's see. ASF was only deposition.
`
`1 Q What was the outcome of that case?
`2 A I don't know what the final outcome of
`3 the case was.
`4 Q Were these all patent infringement
`5 cases?
`6 A Yes.
`7 Q So I'm going to summarize some of the
`8 procedures here today to facilitate this
`9 videoconference deposition. Can we agree that if
`10 someone drops off the video conference, we will
`11 pause the deposition and wait to resume until the
`12 person rejoins?
`13 MR. WANG: Yes. Sure.
`14 BY MR. PEZZANO:
`15 Q And Dr. Maslen, are your video and audio
`16 feeds working right now?
`17 A Seem fine.
`18 Q Is there any significant delay or are
`19 you having any quality issues with the audio?
`20 A I'm on a DSL line so it's a little bit
`21 slow, but it's not a noticeable delay.
`22 Q Would you agree to let me know if you
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`Page 7
`1 And Free-Flow, actually not even a deposition.
`2 So those are all the previous -- I guess
`3 I've really only had two courtroom experiences. I'm
`4 sorry I overstated that.
`5 Q And by courtroom appearances are you
`6 referring to trial testimony?
`7 A Trial testimony, yes.
`8 Q And the first case you mentioned that
`9 you testified in trial you indicated the outcome
`10 was on behalf of the plaintiff. Who were the
`11 parties in that case?
`12 A It was Pregis versus Doll and Free Flow
`13 Packaging. Doll being the patent office.
`14 Q And who were you representing in that
`15 case?
`16 A The plaintiff.
`17 Q And what was the other case that you
`18 testified in trial that had an outcome?
`19 A So it was a preliminary hearing. I
`20 don't -- maybe that's not a trial. It was in
`21 court. That was the Robert Bosch LLC v. Alberee
`22 Products and Costco.
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`Page 9
`1 are having an Internet connect activity issue, and
`2 we will delay to try to accommodate you?
`3 A Sure. Of course.
`4 Q Can you agree -- can you please confirm
`5 there is no one else in the room with you?
`6 A No one in the room. There's a dog that
`7 might wander in but that's it.
`8 Q Are there any other electronics in the
`9 room with you?
`10 A My telephone is sitting in here. That's
`11 it.
`12 Q And I say this to all the witnesses.
`13 Oftentimes, attorneys say turn off all the
`14 electronics. I don't. You can keep your phone
`15 on. You might want to just turn down the volume,
`16 just in case of an emergency, you know. I don't
`17 mind if you leave it on. Just keep to the side
`18 with maybe the ringer turned down a little bit, if
`19 that's okay.
`20 A I muted the ringer.
`21 Q Where are you located here today.
`22 A I'm in my house at 748 Reas Ford in
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`1 Earlysville.
`2 Q We'll take periodic breaks about every
`3 hour or so for about 10 minutes or 15 minutes. Is
`4 that okay with you?
`5 A Sure. Sounds good.
`6 Q If you need to take a break at any point
`7 in time, just let me know and we'll accommodate
`8 you. Okay?
`9 A Thank you.
`10 Q Do you understand you are testifying
`11 under oath here today?
`12 A I do.
`13 Q Do you understand that the oath is
`14 binding as if you -- as if the oath had been given
`15 in a court of law?
`16 A Yes.
`17 Q Is there any reason you cannot testify
`18 truthfully and accurately here today?
`19 A No.
`20 Q Are you on any medication that would
`21 impact your ability to testify truthfully here
`22 today?
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`Page 12
`1 of Virginia. And then once I got my doctorate, I
`2 joined the faculty at University of Virginia. I was
`3 on that faculty from 1990 until 2010, and in 2010 --
`4 at which point I was a full professor. And in 2010
`5 I took a position as department head at James
`6 Madison University, and I stayed there until 2016,
`7 August. And then I retired from there, and I've
`8 since then been working as a consultant.
`9 Q Are you self-employed as a consultant?
`10 A Yes. I am self-employed as a
`11 consultant.
`12 Q I don't know if you recall but the last
`13 time you testified -- actually, I took your
`14 deposition -- was on September 12, 2019, in a
`15 related case involving the '155 and '802 patents.
`16 Do you recall that?
`17 A Yes.
`18 Q And since that time have you been
`19 involved in -- maybe if you can from that point in
`20 time summarize the litigations you've been
`21 involved in since September of 2019? You can use
`22 your resume to assist.
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`1 A No.
`2 Q And have you ever been convicted of a
`3 felony?
`4 A No.
`5 Q Have you ever been convicted of a crime
`6 that relates to your ability to give truthful
`7 testimony here today?
`8 A No.
`9 Q Can you summarize your formal education?
`10 A I got a bachelor of science from Cornell
`11 University in 1980, and I got a doctorate in
`12 mechanical and aerospace engineering from
`13 University of Virginia in 1990.
`14 Q Can you chronologize your employment
`15 history since you graduated with your doctorate
`16 degree at the University of Virginia.
`17 A Yeah. I went to work as a mechanical
`18 engineer for Koppers Company, and I was there from
`19 roughly '80 through '85 with a break in the middle
`20 where I was in the U.S. Peace Corps.
`21 And then I went to graduate school. I was
`22 employed while in graduate school by the University
`
`1 A Yeah. Right. No. Most of the work
`2 I've been doing was all related to these
`3 hoverboard activities. I have some other ongoing
`4 activities. Should I report them? I don't know
`5 if I've been disclosed as a witness in those, so
`6 I'm not sure I should be -- should be saying much
`7 about them. But only one other case, and it's not
`8 related to hoverboards.
`9 Q Your counsel could put the transcript
`10 under confidentiality if you are afraid of
`11 revealing confidential information. I'm not going
`12 to ask you any details about the other matter that
`13 you've identified, just the names of the parties.
`14 A Okay. It's Geigtech East Bay, LLC
`15 versus Lutron Electronics Company, Incorporated.
`16 Q And who are you representing in that
`17 matter?
`18 A I represent Lutron.
`19 Q Is that a patent infringement matter?
`20 A Yes.
`21 Q You mentioned that you've been involved
`22 in various hoverboard matters. Have you been
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`1 retained by the plaintiffs in this case in those
`2 matters?
`3 A Yes.
`4 Q Could you summarize those matters that
`5 you've been retained for to represent Unicorn and
`6 Hangzhou Chic?
`7 A So let's see. There are five cases
`8 ongoing. Two of them involve Golabs and three
`9 involve another -- three of them involve Golabs --
`10 no -- yes, three involve Golabs and two involve
`11 another party.
`12 Q The other party you are referring to is
`13 Hillo, correct?
`14 A That's correct.
`15 Q Are both of those matters in California?
`16 A I'm not sure. I could actually pull up
`17 the other documentation to know that and answer
`18 that question. Is that important? I can give you
`19 the cases.
`20 Q Yes. What are the cases?
`21 A Okay. So the first case is 3:19-CV-754.
`22 That's Unicorn versus Golabs. The second case is
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`Page 15
`1 2:19-CV-2038. That is Uniform versus Hillo. Next
`2 case is 3:20-CV-2023, which is the current case.
`3 Next one is 3:21-CV-267, which is versus Hillo.
`4 And I think the two Hillo cases have settled, but
`5 I -- Tim hasn't officially informed me of that, so
`6 I won't insist. And the last is Golabs versus
`7 Unicorn and that is 3:21-CV-311.
`8 Q In the two Hillo matters what is the
`9 basis for your statement that you believe they've
`10 settled?
`11 A I think that Steve Moore might have told
`12 me they settled, that I should stop work on those
`13 cases.
`14 Q At what point in those cases were you
`15 involved? Were you involved in testifying in any
`16 matter in those cases?
`17 A No testimony. Wrote -- wrote some
`18 reports. Did -- I mean did some analysis. I
`19 don't even know if the reports were submitted.
`20 Let me look. So there was a report, a
`21 declaration, for the 3028 case, and there has not
`22 been the declaration for the 267 case. Just
`
`1 analysis work.
`2 Q I'm going to mark three exhibits. I'm
`3 going to mark three patents, and I'll start one at
`4 a time. And I will ask you questions about those
`5 patents.
`6 A Okay.
`7 (MASLEN Exhibit Number 1 was marked for
`8 identification.)
`9 BY MR. PEZZANO:
`10 Q And we'll start with designating
`11 exhibits Maslen -- M-A-S-L-E-N -- Exhibit Number
`12 1. And that will be the '155 patent. I'll say
`13 the full number in a moment. U.S. patent number
`14 9,376,155. Tell me if you can see the document
`15 now. It's U.S. patent 9,376,155.
`16 A Yes.
`17 Q You see it visually on the screen,
`18 correct?
`19 A That's correct.
`20 Q Are you familiar with this patent?
`21 A Yes.
`22 Q And do you understand this to be one of
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`1 the asserted patents in the 754 case against
`2 Golabs?
`3 A Yes.
`4 Q And do you understand that I'm going to
`5 ask you this question with respect to the next two
`6 patents, that '155 is the parent patent for the
`7 '107 patent that is asserted in the 2023 case
`8 against Golabs, and the '788 patent that's
`9 asserted in the 311 case against Golabs? And I
`10 will show you those patents in a moment.
`11 A Yes. I understand.
`12 (MASLEN Exhibit Number 2 was marked for
`13 identification.)
`14 BY MR. PEZZANO:
`15 Q I will mark as Maslen Exhibit Number 2,
`16 U.S. Patent number 10,597,107. And have you seen
`17 this patent before?
`18 A I have.
`19 Q Do you understand this is the patent
`20 that is asserted against Golabs in the 3223 case?
`21 A Yes.
`22 Q And this patent issued from a
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`1 continuation patent application that issued from
`2 the '155 patent?
`3 A Yes. That's my understanding.
`4 Q Do you understand that the '107 patent
`5 has the same specification as the '155 patent?
`6 A I think that's a requirement of the
`7 continuation. Right.
`8 (MASLEN Exhibit Number 3 was marked for
`9 identification.)
`10 BY MR. PEZZANO:
`11 Q Now I'll show you the next exhibit,
`12 which I will mark as Maslen Exhibit Number 3.
`13 U.S. patent number 10,850,788. Have you seen this
`14 patent before?
`15 A Yes.
`16 Q Have you reviewed this patent before?
`17 A To some extent.
`18 MR. WANG: Objection. Irrelevant to this
`19 deposition. Go ahead.
`20 BY MR. PEZZANO:
`21 Q Do you understand that this patent is a
`22 continuation -- let me rephrase that.
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`Page 20
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`1 A Yes.
`2 Q And you understand that the '155 patent
`3 is the parent of the '788 patent?
`4 A Yes.
`5 Q And you understand that the '788 patent
`6 has the same specification as the '155 patent?
`7 A Yes. I believe that's a requirement of
`8 continuation.
`9 Q Are you involved in any other cases --
`10 let me rephrase that.
`11 Have you been retained by Unicorn, Chic,
`12 and/or Uni-Sun as an expert in any other cases?
`13 A Just the five that I listed for you.
`14 Q With respect to the Unicorn, Uni-Sun's,
`15 and Chic's asserted patents?
`16 A Again, just the five that I've listed
`17 for you.
`18 (MASLEN Exhibit Number 4 was marked for
`19 identification.)
`20 BY MR. PEZZANO:
`21 Q I'm going to mark as the next exhibit,
`22 which will be Maslen Exhibit Number 4, Declaration
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`Page 19
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`1 Do you understand that the '788 patent
`2 issued from a continuation application of the
`3 application that issued as the '155 patent?
`4 A I believe that's right; though, I can't
`5 see enough on the screen to see what the history
`6 actually is.
`7 Q I appreciate that. Feel free to ask me
`8 to scroll down on the screen, and also feel free
`9 to look at the hard copy of the document or your
`10 copy of the document that you have as well.
`11 And so tell me if you want me to continue
`12 scrolling down to show you the whole continuation
`13 history.
`14 A I've got it here. Let me just look at
`15 it quickly.
`16 Q Again, if you go to --
`17 A Yes. I see it. I agree.
`18 Q Yeah. And the name's on -- okay. So
`19 let me just -- just to restate the question, do
`20 you understand that the '788 patent issued from a
`21 continuation application of the application that
`22 issued as the '155 patent?
`
`1 of Dr. Eric H. Maslen in Support of Plaintiff's
`2 Claim Constructions.
`3 Do you see this document on the screen?
`4 A Yes.
`5 Q Is this a declaration you submitted in
`6 the second case, 2023, between Unicorn and Golabs,
`7 and your declaration is dated March 1, 2021?
`8 A Let me just -- yes. That's right.
`9 Q And is that your signature on page 20 of
`10 this declaration?
`11 A Yes.
`12 Q Do you have any corrections to be made
`13 to this declaration?
`14 A Not that I'm aware of.
`15 Q Have you reviewed the declaration --
`16 A Yes.
`17 Q -- for that purpose?
`18 A Yes.
`19 Q We're going to come back to your
`20 declaration in a moment. I'm going to mark as one
`21 more exhibit.
`22 (MASLEN Exhibit Number 5 was marked for
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`1 identification.)
`2 BY MR. PEZZANO:
`3 Q I will mark as Maslen Exhibit Number 5 a
`4 declaration of Dr. William Singhose in Support of
`5 Defendant/Counterclaimant Golabs's Opening Claim
`6 Construction Brief.
`7 Have you seen this declaration before?
`8 A Let me pull it up and make sure we're
`9 talking about the same thing.
`10 Q Tell me how you want to proceed. I'll
`11 be glad to scroll through the document. If you
`12 want to pull up your own, that's fine as well.
`13 A I'm looking at my own. I don't think
`14 yours is up. I'm just making sure we're working
`15 on the same document. This is the one that is
`16 dated -- where's the date -- March 19th, 2021?
`17 Q Correct.
`18 A Yes.
`19 Q Have you reviewed this declaration?
`20 A Yes, I have.
`21 Q Are there any inaccuracies in this
`22 declaration?
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`1 A There are arguments that I dispute.
`2 Q I understand that. And we're going to
`3 be going through those arguments you are going to
`4 be disputing. But I'm asking, after your review
`5 of this declaration, is there anything you found
`6 that was inaccurate?
`7 A There's a statement that -- "I
`8 explicitly exclude resistors as a part of a
`9 conductive path and I don't do that. In fact, the
`10 report seems to reverse itself a second later on
`11 that point.
`12 Q What specifically are you referring to?
`13 What paragraph?
`14 A Paragraph 65, it says: I will note that
`15 connections via resistors are compatible with
`16 Defendant's proposed construction, even though
`17 Dr. Maslen says that such connections would be
`18 precluded with Defendant's proposed
`19 construction -- which is opposite of what I said.
`20 And then the next sentence says: I agree
`21 with Dr. Maslen that the electrical connections
`22 could occur through paths containing resistors.
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`Page 24
`1 So I'm not sure what happened there. It
`2 looks like the first sentence was just written wrong
`3 or was a mistake.
`4 Q After your review of this declaration,
`5 can you identify any other inaccuracies in the
`6 declaration?
`7 A You'll -- I don't -- inaccuracies are
`8 kind of a weakly defined thing. There are things
`9 that I don't agree with and so I would say they
`10 are inaccurate.
`11 Do you want me to go through all those or
`12 is that just what we're going to do in the
`13 deposition?
`14 Q Did you see anything that was factually
`15 not correct in this declaration?
`16 MR. WANG: Objection. Vague.
`17 THE WITNESS: You know, I didn't really
`18 review it for like typographical errors and things
`19 like that. I'm going to reluctantly say no. Again,
`20 I reserve my right to contest the content.
`21 BY MR. PEZZANO:
`22 Q Okay. Let's get back to your
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`Page 25
`1 declaration, which I've marked as Maslen Exhibit
`2 Number 4. Can you see this declaration on the
`3 screen?
`4 A I have it on my screen, but it's not
`5 before me on the shared screen.
`6 Q Let me correct that. Give me a moment.
`7 Can you see your declaration now?
`8 A Yes.
`9 Q Okay. I'm going to ask you to turn to
`10 page 7 of your declaration. Is it fair to say
`11 that your construction of the term "a controller"
`12 or "the controller" in the asserted claims of the
`13 '107 patent is that no construction is necessary
`14 or, in the alternative, the construction should be
`15 a piece of equipment that controls the operation
`16 of another piece of equipment?
`17 A Yes.
`18 Q And you've identified claims 1 and 25 of
`19 the '107 patent that you considered with respect
`20 to this construction, correct?
`21 A Yes.
`22 Q Did you consider claims 2, 4, 6, 7, 10,
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`1 19, 20, and 24 in connection with this
`2 construction?
`3 A So I think the requirement is that the
`4 construction that I choose doesn't make those --
`5 those claims make no sense or be moot in some way.
`6 And to that extent I did. So yes, I read all the
`7 claims. Not really sure why I only listed 1 and
`8 25. It obviously appears elsewhere.
`9 Q In your construction of controller it's
`10 your position that controller doesn't have any
`11 positional requirements, correct?
`12 A That's correct.
`13 Q And I'm going to turn to the '107
`14 patent, which has been marked as Maslen Exhibit
`15 Number 2. I'll turn to claim 6 and claim 7.
`16 A Yes.
`17 Q Can we agree that these claims
`18 require -- let me rephrase that.
`19 Can we agree that these claims require
`20 positional requirements for the controller?
`21 A Sure. They are dependent claims, and
`22 they refine the original claim 1. So yes.
`
`1 be a legal term that I don't know. Can you
`2 clarify?
`3 Q Covers? I'll restate the question.
`4 Is it your position that claim 1 does not
`5 require any positional requirements for a
`6 controller, but claim 1 covers dependent claims 6
`7 and 7, which require positional requirements for the
`8 controller?
`9 MR. WANG: Objection. Form.
`10 THE WITNESS: What I would say is that
`11 claim 1 does not impose a positional requirement on
`12 the controller and that claim 6 and 7 depend on
`13 claim 1, and they do impose a positional
`14 requirement.
`15 BY MR. PEZZANO:
`16 Q Now I want to turn back to your
`17 declaration. Is it your position that the
`18 controller controls both hub motors?
`19 A Yes, it is.
`20 Q In this section of your declaration you
`21 never use the term "partially controls" or
`22 "controls in part," do you?
`
`Page 27
`1 Q So can we agree that claim 1 embraces
`2 positional requirements for the term "a
`3 controller"?
`4 A No.
`5 MR. WANG: Objection to form.
`6 THE WITNESS: That doesn't follow at all I
`7 don't think.
`8 BY MR. PEZZANO:
`9 Q Is it your position that claim 1
`10 excludes the positional requirements of the
`11 dependent claims 6 and 7?
`12 A It doesn't preclude them. It just
`13 doesn't impose them. So those are -- I mean under
`14 claim differentiation, it wouldn't make any sense
`15 to add a claim 6 that says where the controller is
`16 if it was already defined by claim 1.
`17 Q So is it your testimony that claim 1
`18 requires no positional requirements for a
`19 controller, but it embraces dependent claims that
`20 include positional requirements for the
`21 controller?
`22 A I'm sorry. I think that "embraces" may
`
`Page 29
`
`1 A No.
`2 (MASLEN Exhibit Number 6 was marked for
`3 identification.)
`4 BY MR. PEZZANO:
`5 Q I will mark as the next exhibit Maslen
`6 Exhibit Number 6. This is a document entitled
`7 Declaration of Dr. Eric H. Maslen in Rebuttal of
`8 Golabs's Motion for Partial Summary Judgment dated
`9 July 14, 2020.
`10 Have you seen this document before?
`11 A Yes.
`12 Q Is this the declaration that you
`13 submitted in the 754 case between Unicorn and
`14 Golabs?
`15 A Yes.
`16 Q Your declaration is dated July 14, 2020,
`17 and that is your signature that appears on, I'll
`18 say, Appendix page 130?
`19 A That's correct.
`20 Q Now, you offered an opinion in this case
`21 regarding the term "a controller" with respect to
`22 the parent '155 patent and the sister '802 patent,
`
`Veritext Legal Solutions
`215-241-1000 ~ 610-434-8588 ~ 302-571-0510 ~ 202-803-8830
`
`8 (Pages 26 - 29)
`
` DGL Exhibit 1019
`Page 0009
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`Case 3:20-cv-02023-N Document 104-3 Filed 04/29/21 Page 11 of 51 PageID 3469Case 3:20-cv-02023-N Document 104-3 Filed 04/29/21 Page 11 of 51 PageID 3469
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`Page 30
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`Page 32
`
`1 correct?
`2 MR. WANG: Objection. Form.
`3 THE WITNESS: Yes.
`4 BY MR. PEZZANO:
`5 Q And in this declaration you took the
`6 position that a controller partially controls,
`7 correct?
`8 MR. WANG: Objection to the form.
`9 THE WITNESS: Don't think I took that
`10 position.
`11 BY MR. PEZZANO:
`12 Q Turn to Appendix page 114. The appendix
`13 pages are on the bottom.
`14 A Yes.
`15 MR. WANG: Counsel, is this a redacted
`16 version, because it looks to me it's kind of -- is
`17 that -- the two paragraph -- are those parts being
`18 redacted or what?
`19 MR. PEZZANO: I'm not following what you
`20 are saying.
`21 THE WITNESS: There's a gap in the paper.
`22 MR. WANG: There's a gap between the two
`
`1 motors.
`2 Do you see that?
`3 A Yes.
`4 Q And in this case that you take the
`5 position that a controller controls, at least in
`6 part, each of the hub motors.
`7 A No.
`8 MR. WANG: Objection to form.
`9 THE WITNESS: I don't.
`10 BY MR. PEZZANO:
`11 Q Is that an inaccurate statement?
`12 A It is an accurate discussion of the
`13 claims of the '155 patent, that it identifies a
`14 controller on the side opposite the power supply
`15 and that that controls, at least in part, each of
`16 the hub motors according to the sensor signals.
`17 Yes. That's an accurate statement.
`18 Q So is it your position that the term "a
`19 controller" in the '155 and '802 patents controls,
`20 at least in part, each of the hub motors?
`21 A Yes.
`22 Q In other words, it controls -- partially
`
`Page 31
`1 paragraphs and the sentence that on the second --
`2 that paragraph seems to be incomplete.
`3 MR. PEZZANO: Do you see the document on
`4 the screen? Page App 114?
`5 MR. WANG: That's what we're talking
`6 about.
`7 THE WITNESS: Yeah. So you have the word
`8 "declaration" period. Then you got a bunch of blank
`9 lines, and then it says "testify."
`10 MR. PEZZANO: Quite frankly, I don't have
`11 an answer for you right now on that. I just don't
`12 know.
`13 MR. WANG: Okay. It looks to me it's an
`14 incomplete document.
`15 BY MR. PEZZANO:
`16 Q If it is we'll replace it. I don't have
`17 a question about that portion. I have question
`18 about the first paragraph where you state: I
`19 agree that claim 1 of the '155 and '802 patents
`20 requires that the identified controller on the
`21 opposite side -- on the side opposite the power
`22 supply, control, at least in part, each of the hub
`
`Page 33
`
`1 controls each of the hub motors, correct?
`2 MR. WANG: Objection to form.
`3 THE WITNESS: It shares that control with
`4 the board that's on the other side, which may or may
`5 not be defined as part of the same controller. But
`6 given the language of the claim, which says
`7 "controller on the side opposite the power supply,"
`8 then I have to say it the way I've said it. I can't
`9 testify differently from the claims.
`10 BY MR. PEZZANO:
`11 Q So is it fair to say that with respect
`12 to the '155 and '802 patents you have taken the
`13 position that a controller controls, at least in
`14 part, each of the hub motors; whereas, in the '107
`15 patent you have construed the term "a controller"
`16 to control both hub motors, correct?
`17 MR. WANG: Objection to the form.
`18 THE WITNESS: So it sounds like you are
`19