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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Case No. IPR2022-01060 and 01061
`
`_________________________________________
`
`GOOGLE, LLC,
`
` Petitioner,
`
`vs.
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`JAWBONE INNOVATIONS, LLC,
`
` Patent Owner.
`
`-------------------------------------
`
` REMOTE DEPOSITION OF
`
` DR. JEFFREY S. VIPPERMAN
`
` Wednesday, March 29, 2023 - 10:08 a.m.
`
`Reported by:
`
`ROBIN LaFEMINA, RPR, CLR
`
`Job No.: 6944
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`Jawbone's Exhibit No. 2007, IPR2022-01124
`Page 001
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`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Case No. IPR2022-01060 and 01061
`
`_________________________________________
`
`GOOGLE, LLC,
`
` Petitioner,
`
`vs.
`
`JAWBONE INNOVATIONS, LLC,
`
` Patent Owner.
`
`-------------------------------------
`
` REMOTE DEPOSITION OF
`
` DR. JEFFREY S. VIPPERMAN
`
` Wednesday, March 29, 2023 - 10:08 a.m.
`
`Reported by:
`
`ROBIN LaFEMINA, RPR, CLR
`
`Job No.: 6944
`
`Jawbone's Exhibit No. 2007, IPR2022-01124
`Page 001
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`Page 2
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` March 29, 2023
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` 10:08 a.m.
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` REMOTE DEPOSITION of DR. JEFFREY
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`VIPPERMAN, taken via Zoom, with all parties
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`appearing from their respective locations,
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`before Robin LaFemina, a Registered
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`Professional Reporter, Certified LiveNote
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`Reporter and Notary Public.
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`A P P E A R A N C E S:
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`(ALL PARTIES APPEARING REMOTELY)
`
`FABRICANT LLP
`
`Attorneys for Patent Owner
`
` 411 Theodore Fremd Avenue
`
` Suite 206 South
`
` Rye, New York 10580
`
` (212) 257-5797
`
`BY: JACOB OSTLING, ESQ.
`
` jostling@fabricantllp.com
`
`FINNEGAN HENDERSON FARABOW GARRETT &
`
`DUNNER, LLP
`
`Attorneys for Google
`
` 1875 Explorer Street
`
` Suite 800
`
` Reston, Virginia 20190
`
` (571) 203-2700
`
`BY: ROBERT HIGH, ESQ.
`
` robert.high@finnegan.com
`
` DANIEL COOLEY, ESQ.
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` daniel.cooley@finnegan.com
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`Jawbone's Exhibit No. 2007, IPR2022-01124
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` THE COURT REPORTER: Good
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` morning. Today's date is March 29,
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` 2023 and the time is approximately
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` 10:08 a.m. Eastern time.
`
` My name is Robin LaFemina and I
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` am the court reporter representing
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` TransPerfect Legal Solutions.
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` This deposition is being taken
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` remotely and the court reporter will
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` not be physically present with the
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` witness whose deposition is being
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` taken.
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` The Parties agree not to
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` challenge the validity of any oath
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` administered by the court reporter,
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` even if the court reporter is a notary
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` of a state other than where the
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` deponent is currently physically
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` located.
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` Would each attendee, starting
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` with the examining attorney, please
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` indicate your agreement by stating
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` your name, your firm affiliation and
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` your agreement on the record, after
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`Jawbone's Exhibit No. 2007, IPR2022-01124
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` which I will swear in the witness.
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` MR. OSTLING: Jacob Ostling from
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` the law firm of Fabricant LLP on behalf
`
` of the patent owner.
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` THE COURT REPORTER: And you
`
` agree?
`
` MR. OSTLING: I agree; yes.
`
` MR. HIGH: This is Robert High
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` from the law firm Finnegan on behalf of
`
` the Petitioner and we agree.
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` THE COURT REPORTER: Dr.
`
` Vipperman, would you raise your right
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` hand, please.
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` Do you swear or affirm to tell
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` the truth, the whole truth, and nothing
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` but the truth and do you acknowledge
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` that even though I am not located in
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` the same room with you, that the oath
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` is with the same force and effect?
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` THE WITNESS: I do and yes.
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` THE COURT REPORTER: Okay. You
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` may put your hand down.
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`DR. JEFFREY S. VIPPERMAN,
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` called asa a Witness, having been first
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` Vipperman
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` duly sworn by Robin LaFemina, a Notary
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` Public, was examined and testified as
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` follows:
`
`EXAMINATION BY
`
`MR. OSTLING:
`
` Q. Good morning, Dr. Vipperman.
`
`How are you?
`
` A. Good. I'm having a little bit
`
`of trouble hearing. If we could just have a
`
`second to turn the volume up.
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` Q. Sure. Let me know when you have
`
`that sorted out.
`
` A. Thank you.
`
` MR. HIGH: Do you mind saying
`
` something?
`
` MR. OSTLING: Yes. How is that
`
` now?
`
` MR. HIGH: It's better.
`
` MR. OSTLING: Okay. Great.
`
` Q. All right, sir, can you please
`
`state your name for the record?
`
` A. Sure. It's Jeffrey Stuart
`
`Vipperman.
`
` Q. And Dr. Vipperman, is there any
`
`Jawbone's Exhibit No. 2007, IPR2022-01124
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` Vipperman
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`reason that you can't give complete and
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`truthful testimony here today?
`
` A. No.
`
` Q. You are not under any
`
`medications or anything like that?
`
` A. No.
`
` Q. How many times have you been
`
`deposed before?
`
` A. I don't have an exact number,
`
`but it's been a few dozen times.
`
` Q. Okay.
`
` So I'll assume that you're
`
`familiar with the ground rules, I'll just
`
`note that because today's deposition is
`
`remote, it's really important that only one
`
`of us speaks at a time including your
`
`attorney if he's objecting, just so we can
`
`keep the record clean.
`
` Is that okay?
`
` A. Yes.
`
` Q. And you understand that you're
`
`here today with respect to your depositions
`
`for IPR 2022-1060 and 1061?
`
` A. That's correct.
`
`Jawbone's Exhibit No. 2007, IPR2022-01124
`Page 007
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` Q. And is it okay if I refer to
`
`those as the 1060 and the 1061 IPRs?
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` A. Yes.
`
` Q. And you understand that both of
`
`those proceedings relate to U.S. Patent
`
`Number 8,503,691?
`
` A. Yes.
`
` Q. And in both of those
`
`proceedings, the Petitioner has asserted
`
`grounds of invalidity under obviousness
`
`based on the Canamori and McCowan
`
`references; correct?
`
` A. That's correct.
`
` Q. Sir, had you ever read the
`
`Kanamori reference before this proceeding?
`
` A. I think just with the related
`
`proceedings.
`
` Q. Okay.
`
` And I have the same question
`
`with respect to McCowan. Had you ever read
`
`the McCowan reference before this
`
`proceeding?
`
` A. No, it's the same answer.
`
` Q. Okay.
`
`Jawbone's Exhibit No. 2007, IPR2022-01124
`Page 008
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` Vipperman
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` And just for clarity, when I
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`refer to the Kanamori reference, that is
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`Exhibit 1005 to the petitions.
`
` Is that okay?
`
` A. Yes. I don't have my
`
`declaration in front of me, but I do -- I
`
`believe I do remember that's the correct
`
`exhibit number.
`
` Q. And the McCowan reference is
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`Exhibit 1006 to the petitions?
`
` A. Okay.
`
` Q. And, sir, what materials do you
`
`have with you today?
`
` A. I have nothing.
`
` Q. So you don't have anything
`
`printed today?
`
` A. No.
`
` THE WITNESS: Is it being
`
` printed or --
`
` MR. HIGH: I think that's
`
` directed to me. We're printing copies
`
` of his declarations, '691 patent,
`
` Kanamori and McCowan and that will be
`
` in front of him at some point, but it's
`
`Jawbone's Exhibit No. 2007, IPR2022-01124
`Page 009
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` being printed.
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` MR. OSTLING: Okay.
`
` Q. In the meantime, I will just
`
`note for the record that in the Box link, I
`
`have uploaded 1003 to the 1060 IPR, Exhibit
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`1005 and 1006 to the 1060 IPR, Exhibit 1003
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`to the 1061 IPR.
`
` A. I see those.
`
` Q. And Exhibit 1001 to the 1060
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`IPR. And that is both of your declarations,
`
`sir, the McCowan reference, the Kanamori
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`reference and the '691 patent.
`
` And if at any time, we'll be
`
`referring to those throughout today, but if
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`at any time you would like to look at them,
`
`you are free to open them.
`
` Sir, you submitted declarations
`
`in both the 1060 and 1061 proceedings;
`
`correct?
`
` A. That's correct.
`
` Q. And will you please confirm that
`
`Exhibit 1003 to the 1060 and 1061 IPRs in
`
`the box folder are accurate copies of your
`
`declarations?
`
`Jawbone's Exhibit No. 2007, IPR2022-01124
`Page 010
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` A. They appear to be.
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` Q. And, sir, in the course of
`
`preparing those declarations, did you
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`perform an obvious analysis -- excuse me --
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`an obviousness analysis on the '691 patent?
`
` A. Yes, I did.
`
` Q. What did you do to familiarize
`
`yourself with the '691 patent and its claims
`
`before you performed that analysis?
`
` A. So I actually have a section on
`
`my obviousness analysis in my declaration
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`starting on page 10, paragraph 26. The way
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`I performed it is in paragraph 27 where I
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`determined the scope and the content of the
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`prior art, ascertained the differences
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`between the prior art and the claims at
`
`issue and then I resolved the level of
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`ordinary skill in the prior art and then
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`considered evidence of secondary indicia of
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`non-obviousness.
`
` Q. Sir, are the statements in your
`
`report that you're referencing -- excuse me.
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`Strike that.
`
` Are the statements in your
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`Jawbone's Exhibit No. 2007, IPR2022-01124
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`declaration that you're referencing a
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`complete description of what you did?
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` MR. HIGH: Objection. Form.
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` A. I'm not sure what you mean by
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`complete description. It's just the process
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`that I followed.
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` Q. Let me ask that a different way,
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`sir.
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` Does your -- just for the
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`record, you're currently referring to the
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`1060 declaration; is that right?
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` A. That's correct.
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` Q. And you understand that the 1061
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`declaration also has identical sections?
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` A. That's correct.
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` Q. And your process was the same
`
`for both of these declarations?
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` A. That's correct.
`
` Q. Sir, what I'm trying to get at
`
`is, does your declaration include a complete
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`explanation of your opinions on obviousness?
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` MR. HIGH: Objection to form.
`
` A. Again, I'm not sure what you
`
`mean by complete. It's a complete
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`Jawbone's Exhibit No. 2007, IPR2022-01124
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`description, it's a sufficient description.
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` Q. Are you saying that your
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`declarations are incomplete?
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` MR. HIGH: Objection to form.
`
` A. No. As I was saying, it's a
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`sufficient description for obviousness
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`analysis.
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` Q. So if there was something that
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`you did not include in your declaration, you
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`didn't think that that was necessary for
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`your obviousness analysis?
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` A. It's a -- well, again, I
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`provided a sufficient analysis for the
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`obviousness.
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` Q. Sir, are you telling us that you
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`have some undisclosed obviousness opinions
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`that you did not include in your
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`declaration?
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` MR. HIGH: Objection. Form.
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` A. No, I'm just saying that the
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`obviousness analyses are -- stand on their
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`own, they are sufficient to show
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`obviousness. I consider my opinions in my
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`declaration adequate to show obviousness.
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`Jawbone's Exhibit No. 2007, IPR2022-01124
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` Q. And, sir, the purpose of your
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`analysis is to find a combination of
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`references that would invalidate the '691
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`patent claims; correct?
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` MR. HIGH: Objection. Form.
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` A. The purpose of my analysis was
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`to review the prior art and see if it
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`invalidates the patent.
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` Q. And you've been retained by
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`Google in both the 1060 and 1061
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`proceedings; correct?
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` A. That's correct.
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` Q. And they retained you to perform
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`that analysis?
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` A. Yes. As I described earlier.
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` Q. So did you review the prior art
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`in view of the '691 patent and its
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`teachings?
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` MR. HIGH: Objection. Form?
`
` A. I reviewed it to ascertain the
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`differences between the prior art and the
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`claims at issue, any differences that there
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`may be.
`
` Q. And in reviewing the difference
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`Jawbone's Exhibit No. 2007, IPR2022-01124
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` Vipperman
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`between the prior art and the claims at
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`issue, how did you construe the claims of
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`the '691 patent?
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` MR. HIGH: Objection. Form.
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` A. I'm sorry, I'm not sure I
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`understand the question.
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` Q. Sir, did you apply the
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`understanding of a POSITA to the claims of
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`the '691 patent?
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` A. Yes, I did.
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` Q. Did you --
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` A. That plus the --
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` Q. I'm sorry to interrupt.
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` A. Right. I applied the knowledge
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`of a POSITA plus the legal descriptions that
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`we were talking about earlier.
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` Q. So in performing that analysis,
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`you applied the understanding of a POSITA to
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`the claims of the '691 patent and reviewed
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`prior art references with a view to the
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`differences between those references and the
`
`claims; is that right?
`
` A. I think that's right. I have to
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`understand the patent through a POSITA's ice
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`Jawbone's Exhibit No. 2007, IPR2022-01124
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`in order to determine if the prior art
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`invalidates it.
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` Q. And, sir, in your opinion, how
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`would a POSITA understand the term linear as
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`it's recited in the claims of the '691?
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` MR. HIGH: Objection. Scope.
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` Form.
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` A. Do you have a specific claim in
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`mind? There are a lot of claims.
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` Q. Sir, are you aware of any claims
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`in the '691 patent where the term linear is
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`not recited?
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` A. So linearity, there's a test for
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`linearity that's based on super-position,
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`and it's basically if you have an input A
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`that creates response B and an input C that
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`creates response D, and if you add A and B
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`together, the response it going to be -- I'm
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`sorry -- if you add A and C together, the
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`response is going to be C plus D, so that's
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`one definition of linearity.
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` Q. Is that the definition that you
`
`applied in your declaration?
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` A. Again, do you have a specific
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`part of a claim that you're talking about?
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` Q. Sir, did you apply different
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`definitions of linearity throughout your
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`declarations?
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` A. I just need some context here.
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`I didn't know if you had a particular claim
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`in mind.
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` Q. Sir, I'm referring to your whole
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`declaration. Did you apply different
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`definitions of linearity throughout the
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`entirety of your 1060 declaration?
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` MR. HIGH: Objection. Form.
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` Q. Did you apply different
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`definitions of linearity throughout the
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`entirety of your 1061 declaration?
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` MR. HIGH: Objection. Form.
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` THE COURT REPORTER: Just for
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` clarity, you asked about the 1060
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` declaration, there was an objection to
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` form, and I didn't hear an answer, and
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` then you asked about the 1061, there
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` was an objection to form, and are we
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` still waiting for an answer?
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` MR. OSTLING: I believe the
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` answer was no to the previous question
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` and there is no answer yet for this
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` question.
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` Q. Dr. Vipperman, do you have an
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`answer to that question?
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` A. I said I don't recall. I
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`answered no to which question?
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` Q. Sir, I'll ask the questions
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`again.
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` A. Okay.
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` Q. Did you apply different
`
`definitions of linearity throughout the
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`entirety of your 1060 definition?
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` MR. HIGH: Objection. Form.
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` A. So in looking back through the
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`claims, the term linear appears to only
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`occur with the phrase linear response, and
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`for the linear responses, I apply the same
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`definition.
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` Q. Is your definition of linear in
`
`the context of a linear response different
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`than the super-position definition that you
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`just described?
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` A. It's consistent because the
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`output of or the linear response is
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`linear -- the output either from the linear
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`response would be linear-related to the
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`input.
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` Q. What are you defining as the
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`input of a linear response in this context?
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` A. The input would be the pressure
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`received by the microphone or virtual
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`microphone.
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` Q. And what are you defining as the
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`output of the linear response in this
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`context?
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` A. It would also be acoustic
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`pressure.
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` Q. Sir, based on the definition
`
`that you've adopted in your declaration, is
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`it possible for any response drawn on a
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`polar plot with a linear scale to not be
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`linear?
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` MR. HIGH: Objection. Form.
`
` Scope.
`
` A. That wasn't really part of my
`
`analysis. I was just looking at the linear
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`responses from my analysis and also from the
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`patent.
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` Q. Sir, under your definition, can
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`you give me any example of any response
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`drawn on a polar plot with a linear scale
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`that would not satisfy your definition?
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` MR. HIGH: Objection. Scope.
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` A. So again, that's -- I did not
`
`consider that as part of my analysis. I
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`just considered the linear responses, and
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`when you talk in absolutes like that, it's
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`hard to say, you know.
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` Q. So, sir, sitting here today, can
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`you give me any example of any response
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`drawn on a polar plot with a linear scale
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`that would not satisfy your definition of a
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`linear response?
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` MR. HIGH: Objection. Asked and
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` answered.
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` A. I'm not sure how else to put it.
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` Q. So you don't know?
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` A. Right.
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` Q. And, sir, was the answer right?
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` A. What do you mean was the answer
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`right?
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` Q. I'm just trying to clarify for
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`the record. Did you say the word right?
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` A. I was just saying that that's a
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`very vague generalization to talk about all
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`possible cases. Sitting here today, without
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`having time to do an analysis, I can't think
`
`of a case, but who's to say.
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` Q. Sir, you know that polar plots
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`can be generated with either a linear or a
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`logarithmic scale; correct?
`
` A. That's correct.
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` Q. You know that a response plotted
`
`on a polar plot with a linear scale could
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`also be plotted on a polar plot with a
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`logarithmic scale?
`
` A. That's correct.
`
` Q. Sir, does the Kanamori reference
`
`ever use the word linear in the context of a
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`polar plot or a response?
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` MR. HIGH: Objection. Form.
`
` A. Not that I recall, but in the
`
`context of the '691 patent, the linear
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`response is something that's generally
`
`well-known.
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` MR. OSTLING: Move to strike
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` that answer as nonresponsive.
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` Q. Sir, does the Kanamori reference
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`ever use the word linear in the context of a
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`polar plot or a response? Yes or no?
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` MR. HIGH: Objection. Form.
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` A. Again, not that I recall, but
`
`it's a common concept.
`
` Q. Sir, I'd like to turn to your
`
`1060 declaration, Section 70. That section
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`details certain microphone responses that
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`you simulated in your declaration; correct?
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` A. Just give me a moment to get
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`there.
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` Q. Yes. Take your time. If it
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`helps, it starts on page 22.
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` A. Okay. I'm there. Could you
`
`please repeat the question?
`
` Q. Sure.
`
` This section details certain
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`microphone responses that you simulated for
`
`your declaration; correct?
`
` A. Correct.
`
` Q. And there is an identical
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`section in your 1061 declaration; correct?
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` A. That's correct.
`
` Q. And, sir, what software did you
`
`use to run these simulations?
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` A. It's a package called Octave.
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` Q. And is Octave a programming
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`language?
`
` A. Yes. It's a scripting language.
`
` Q. Did you write the Octave scripts
`
`that you used for these simulations?
`
` A. Yes, I did.
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` Q. Did anyone else help you write
`
`those scripts?
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` A. No.
`
` Q. Did anyone else review those
`
`scripts?
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` A. No. I reviewed them several
`
`times myself.
`
` Q. How many scripts did you write
`
`for these simulations?
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` MR. HIGH: Objection. Scope.
`
` A. For these two proceedings, I
`
`believe it was just one script.
`
` Q. Were there multiple versions of
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`that script?
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` A. There may have been. I don't
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`recall.
`
` Q. How long did you spend writing
`
`that script?
`
` A. A few hours.
`
` Q. Do you still have that script?
`
` A. Yes, I do.
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` Q. Has it been changed at all since
`
`the time you ran the simulations for these
`
`proceedings?
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` A. I don't think so.
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` Q. Is there a reason that you're
`
`not certain it hasn't been changed?
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` A. Well, sometimes I do additional
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`simulations out of curiosity, but I
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`generally make a copy first and then modify
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`that, and I imagine that's what I did.
`
` Q. Sir, you did not provide that
`
`script as an exhibit to your declarations in
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`the 1060 and 1061 proceedings; correct?
`
` A. That's correct. Instead, I gave
`
`very detailed derivation of the equation I
`
`used, namely equation 5(c) and then gave the
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`parameters that I used in that equation, so
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`any POSITA should be able to recreate those.
`
` Q. And, sir, just to clarify, there
`
`are nine equations that are identified in
`
`Section VII.B.; correct?
`
` A. Yes.
`
` Q. And you're saying that the
`
`equation that you actually included in the
`
`script is equation 5(c)?
`
` MR. HIGH: Objection. Form.
`
` A. I'm saying that 5(c) is a
`
`generic equation which allows one to compute
`
`the linear response for a system. The
`
`actual equation that's used in the
`
`simulations would be (6) and (7).
`
` Q. Are those equations represented
`
`in your script with the same variables and
`
`operations as are in (6) and (7) here?
`
` A. It's been months since I've
`
`looked at the code, but I believe so.
`
` Q. Let me take this one piece at a
`
`time. Did you use the exact same variables
`
`as are represented in equation (6) and (7)
`
`here in the script that you wrote?
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` MR. HIGH: Objection. Form.
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` A. If you're referring to the names
`
`of the variables in the script, I don't
`
`remember, but I imagine I did.
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` Q. But we have no way to confirm
`
`that because you didn't provide the script;
`
`right?
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` A. So it really doesn't matter what
`
`you call the variables as long as you know
`
`what they are and they're plugged into the
`
`equation correctly.
`
` Q. So you might have used different
`
`variable names? Is that what you're saying?
`
` A. Possibly.
`
` Q. Did you use the exact same
`
`operations that are identified in (6) and (7)
`
`in the script that you wrote?
`
` A. By operations, you mean the
`
`multiplications and the additions and
`
`subtractions?
`
` Q. Yes, sir. I'm using operations
`
`in the mathematical sense.
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` A. As I recall, yes, I coded these
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`equations exactly as they are. I definitely
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`used different names. I definitely used
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`Omega for Omega and R for R, R1 for R1, R2
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`for R2, etc.
`
` Q. So you're saying that there is
`
`nothing that you've reduced down when you
`
`were writing that script?
`
` A. So I used these equations as
`
`written in my script.
`
` Q. But we have no way to confirm
`
`that because you didn't provide the script;
`
`right?
`
` MR. HIGH: Objection.
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` A. Well, it doesn't matter what you
`
`call the variable names as long as they have
`
`the same -- as long as they -- as long as
`
`you know what they are and they are applied
`
`as written in the equation.
`
` MR. OSTLING: Move to strike
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` that answer as not responsive.
`
` Q. Sir, we have no way to confirm
`
`what operations are performed in your script
`
`because you didn't provide it; right?
`
` MR. HIGH: Objection. Asked and
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` answered.
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` A. I did not supply a copy of my
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`script.
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` Q. And you did that with the
`
`understanding that opposing counsel would
`
`not be able to view that script; correct?
`
` MR. HIGH: Objection. Form.
`
` A. Well, I didn't think it was
`
`important because, again, I gave the exact
`
`equations that I used and what values I used
`
`for the variables.
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` MR. OSTLING: Move to strike
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` that answer as nonresponsive.
`
` Q. Sir, when you submitted your
`
`declaration, you did so with the
`
`understanding that opposing counsel would
`
`not be able to review the code that you
`
`wrote; right?
`
` MR. HIGH: Objection. Form.
`
` Asked and answered. Mischaracterizes.
`
` A. I don't know that there was an
`
`intention involved. I just didn't think it
`
`was important because, again, I gave the
`
`exact equations that I used and the values
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`that you plug into them.
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` Q. Sir, how do we know that there
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`are no bugs in the script that you wrote?
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` A. Because I checked it several
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`times.
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` Q. So we just have to trust you; is
`
`that right?
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` MR. HIGH: Objection. Form.
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` Badgering the witness.
`
` A. I mean, I've been through the
`
`script with a fine tooth comb and I'm
`
`confident there are no errors in it.
`
` Q. But patent owner's expert won't
`
`be allowed to go over your script with a
`
`fine tooth comb, will he?
`
` MR. HIGH: Objection. Asked and
`
` answered. Badgering.
`
` A. So I did not supply the script
`
`to opposing counsel; no.
`
` Q. Sir, about how many lines is the
`
`script that you wrote?
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` A. Including the plotting
`
`functions, maybe -- maybe 20, 25 lines.
`
` Q. And what do the plotting
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`functions in the script that you wrote do?
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` A. They plotted the linear response
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`that resulted from the equations (6) and (7).
`
` Q. Which specific plotting
`
`functions did you use within Octave?
`
` A. It's called plot -- I'm sorry --
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`polar.
`
` Q. Do you know whether the polar
`
`function in Octave applies any automatic
`
`smoothing to the polar plot that's rendered?
`
` A. I don't know for sure, but I'm
`
`99 for sure that it does not, it wouldn't do
`
`that, because the plotting routines are
`
`typically plotting the raw data without
`
`smoothing in order to show the richness in
`
`the data set.
`
` Q. Other than equations (6) and (7)
`
`and the plotting functions, did you include
`
`anything else in the script that you wrote?
`
` A. The values used for the
`
`constants and (6) and (7) are for the -- I
`
`believe for the Kanamori figures as they
`
`are.
`
` Q. What values did you select for
`
`the constants in those equations?
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` A. So (6) and (7) are for
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`unmodified Kanamori. G was a gain that's
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`0.85. Let's see.
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` So for Figure -- for equation
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`(6) and (7) which refer to unmodified
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`Kanamori, I give that information in
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`paragraph 52, so the gain, G, was .85, which
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`shows beta -- Tau 1 equal to zero, Tau 2 is
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`D/C and R was either .1 or 1 meters.
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` Q. Sir, how many times did you run
`
`this simulation using that script?
`
` A. A few times mainly because I was
`
`changing figure labels and titles.
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` Q. Is that the only thing you
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`changed between running the script?
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` A. I had to change R manually
`
`between .1 or 1.
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` Q. Sir, is it your testimony that
`
`if we open your script up today, we'll see
`
`these exact constants in the script?
`
` MR. HIGH: Objection. Asked and
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` answered.
`
` A. Yes. I did want to point out
`
`earlier you said there are nine occasions in
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`Jawbone's Exhibit No. 2007, IPR2022-01124
`Page 031
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` Vipperman
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`this section. There are actually eleven
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`because equation (5) has a, b and c.
`
` Q. Excuse me, you've identified
`
`equations (1) through (9) in this section;
`
`correct?
`
` A. Yes.
`
` Q. Sir, other than R, do you recall
`
`whether you changed any constants between
`
`simulations?
`
` A. In some cases, I changed Omega.
`
`For example, the figure in paragraph 59 has
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`six different frequencies simulated.
`
` Q. And did you include the output
`
`of all of those simulations in your
`
`declaration?
`
` A. As I recall; yes.
`
` Q. Are all of those outputs still
`
`saved as well?
`
` A. I usually create a PowerPoint
`
`file where I store figures.
`
` Q. Did you do that in this case?
`
` A. I probably did.
`
` Q. All right, sir.
`
` And you cite to Kanamori's
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`Jawbone's Exhibit No. 2007, IPR2022-01124
`Page 032
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` Vipperman
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`Figure 17A for the signal path that you
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`relied on to combine microphone
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`directivities throughout your report; is
`
`that right?
`
` A. That's correct.
`
` Q. And referring
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