throbber
1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`*
`CAROLYN W. HAFEMAN
`April 24, 2023
`*
`*
`VS.
`* CIVIL ACTION NO. 6:21-CV-696
`*
`LG ELECTRONICS, INC.
`BEFORE THE HONORABLE ALAN D ALBRIGHT
`TRIAL PROCEEDINGS
`Volume 1 of 5
`
`APPEARANCES:
`For the Plaintiff:
`
`For the Defendant:
`
`Max L. Tribble, Jr., Esq.
`Susman Godfrey L.L.P.
`1000 Louisiana, Suite 5100
`Houston, TX 77002-5096
`Genevieve Vose Wallace, Esq.
`Susman Godfrey LLP
`1201 Third Avenue, Suite 3800
`Seattle, WA 98101
`Daniel D. Duhaime, Esq.
`Susman Godfrey LLP
`1301 Avenue Of The Americas,
` Floor 32
`New York, NY 10019
`Lawrence M. Hadley, Esq.
`Jason C. Linger, Esq.
`Glaser Weil Fink Howard Avchen &
` Shapiro LLP
`10250 Constellation Blvd., FL 19
`Los Angeles, CA 90067
`Mark Siegmund, Esq.
`Cherry Johnson Siegmund James, PLLC
`The Roosevelt Tower
`400 Austin Avenue, 9th Floor
`Waco, Texas 76701
`Celine Jimenez Crowson, Esq.
`Reedy Swanson, Esq.
`Hogan Lovells US LLP
`555 Thirteenth St, NW
`
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`KRISTIE M. DAVIS, OFFICIAL COURT REPORTER
`U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WACO)
`
`Ex. 1047
`
`

`

`2
`
`Washington, DC 20004
`Gurtej Singh, Esq.
`Hogan Lovells US LLP
`4085 Campbell Avenue, Suite 100
`Menlo Park, CA 94025
`Helen Y. Trac, Esq.
`Yi "Sally" Zhang, Esq.
`Hogan Lovells US LLP
`Four Embarcadero Center, Suite 3500
`San Francisco, CA 94111
`Kirstin L. Stoll-Debell, Esq.
`Faegre Drinker Biddle & Reath LLP
`1144 15th Street, Suite 3400
`Denver, CO 80202
`Carrie A. Beyer, Esq.
`Faegre Drinker Biddle & Reath LLP
`320 South Canal Street
`Chicago, IL 60606-5707
`Lora A. Brzezynski, Esq.
`Brianna L. Silverstein, Esq.
`Faegre Drinker Biddle & Reath LLP
`1500 K Street Nw, Suite 1100
`Washington, DC 20005
`Michael E. Jones, Esq.
`Shaun William Hassett, Esq.
`Potter Minton PC
`110 N College, Suite 500
`Tyler, TX 75702
`James Travis Underwood, Esq.
`Gillam and Smith, LLP
`303 South Washington Avenue
`Marshall, TX 75670
`Kristie M. Davis, CRR, RMR
`PO Box 20994
`Waco, Texas 76702-0994
`(254) 340-6114
`Proceedings recorded by mechanical stenography,
`transcript produced by computer-aided transcription.
`
`Court Reporter:
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`KRISTIE M. DAVIS, OFFICIAL COURT REPORTER
`U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WACO)
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`10:59
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`10:59
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`

`

`172
`
`messages.
`Q.
`Okay. There's been some discussion in your
`testimony about tracking and location, that aspect of
`Find My Device, right?
`A.
`Yeah. I added that later.
`Q.
`With respect to your patents, though, it's not
`in your patent claims, though, right?
`A.
`You're correct.
`Q.
`Yeah. Your patents don't have anything to do
`with location tracking, right?
`A.
`I didn't invent location tracking.
`Q.
`And is it also the case that you didn't invent
`remotely causing a device to sound an alarm, for
`example, or make a noise? That's not in your patents?
`A.
`That's correct.
`Q.
`And it's also the case, right, that wiping a
`device, erasing its data, that's not in your patents,
`correct?
`A.
`product.
`And I want to talk a little bit -- I want to
`Q.
`ask you some questions a little bit about maybe
`differences between what, you know, your product and
`what's in your patents or what you were pitching and
`what's in your patents, okay?
`
`It's not in my patents. It's not in my
`
`KRISTIE M. DAVIS, OFFICIAL COURT REPORTER
`U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WACO)
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`173
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`We saw a video where you were pitching.
`Do you recall and you explained that video to
`
`us?
`The Vator video?
`A.
`Yes. The Vator video.
`Q.
`Yes.
`A.
`Yes. And in the video, for example, you were
`Q.
`pitching a feature called "yell at the thief," right?
`A.
`Yes.
`Q.
`And the audience laughed when you described
`that aspect that you were pitching, right?
`A.
`Correct.
`Q.
`Now, that's not in your patents, right?
`A.
`You're correct.
`Q.
`Right. The yell at the thief, that's not in
`your patents?
`A.
`No.
`Q.
`So that's a difference between, for example,
`what you were pitching and what's in your patents,
`right?
`That was one of the things I was pitching, but
`A.
`I was also pitching being able to display owner
`information, changing the message, locking it down --
`Q.
`I understand.
`A.
`-- saying it's stolen --
`
`KRISTIE M. DAVIS, OFFICIAL COURT REPORTER
`U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WACO)
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`

`184
`
`regarding a product you were offering, though, right?
`A.
`It's Page Vault like Wayback Machine?
`Q.
`Yes.
`A.
`Okay.
`MS. CROWSON: I'd like to publish and
`move to admit JX-21.
`MR. HADLEY: No objection.
`THE COURT: Admitted.
`BY MS. CROWSON:
`Q.
`Okay. So on the front page, let see. On the
`first page it says: Front Door is the only laptop
`security software to give you up to nine powerful
`features designed to help you prevent theft, and if
`necessary, to track your laptop.
`Right? Do you see where I am? Do you see
`
`that?
`Yes. I see it.
`A.
`Okay. And so I'd like to look at some of
`Q.
`these nine features. Let's look at Feature No. 2.
`Okay. Audible Theft Prevention and Loss
`
`Alert.
`
`Do you see where I am?
`Yes.
`A.
`And so this feature in your product, it
`Q.
`relates to remotely causing the computer to emit a
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`KRISTIE M. DAVIS, OFFICIAL COURT REPORTER
`U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WACO)
`
`

`

`185
`
`sound, right?
`A.
`That's correct.
`Q.
`And this feature, audible theft prevention and
`loss alert, though, that's not in your asserted patent
`claims, correct?
`A.
`You're right.
`Q.
`Let's take a look at No. 5, Feature No. 5.
`Lock it down. This feature relates to locking a
`computer with a lockdown code, right?
`A.
`That's correct.
`Q.
`And this feature, lock it down, that's not in
`your asserted claims, correct?
`A.
`You know, I don't -- I can't memorize all the
`claims. Because there were seven patents and, I don't
`know, dozens of claims. But I don't know whether it
`said lockdown code or not. I know it talks about lock
`screen a lot.
`Q.
`Okay. Let's look at Feature No. 7. So we
`already talked about this one, yell at the thief,
`right? That's not in the asserted patent claims,
`right?
`You're correct.
`A.
`And then let's look at No. 9, track it with
`Q.
`Google Maps, that's not in the asserted patent claims,
`right?
`
`KRISTIE M. DAVIS, OFFICIAL COURT REPORTER
`U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WACO)
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`

`

`UNITED STATES DISTRICT COURT )
`WESTERN DISTRICT OF TEXAS
`)
`
`199
`
`I, Kristie M. Davis, Official Court
`Reporter for the United States District Court, Western
`District of Texas, do certify that the foregoing is a
`correct transcript from the record of proceedings in
`the above-entitled matter.
`I certify that the transcript fees and
`format comply with those prescribed by the Court and
`Judicial Conference of the United States.
`Certified to by me this 9th day of May
`
`2023.
`
`
`
`
`
`
`/s/ Kristie M. Davis
`KRISTIE M. DAVIS
`Official Court Reporter
`800 Franklin Avenue
`Waco, Texas 76701
`(254) 340-6114
`kmdaviscsr@yahoo.com
`
`KRISTIE M. DAVIS, OFFICIAL COURT REPORTER
`U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WACO)
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`

`

`200
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`*
`CAROLYN W. HAFEMAN
`April 25, 2023
`*
`
`*
`VS.
` * CIVIL ACTION NO. 6:21-CV-696
`LG ELECTRONICS, INC.
`*
`
`BEFORE THE HONORABLE ALAN D ALBRIGHT
`TRIAL PROCEEDINGS
`Volume 2 of 5
`
`APPEARANCES:
`For the Plaintiff:
`
`
`
`For the Defendant:
`
`Max L. Tribble, Jr., Esq.
`Susman Godfrey L.L.P.
`1000 Louisiana, Suite 5100
`Houston, TX 77002-5096
`Genevieve Vose Wallace, Esq.
`Susman Godfrey LLP
`1201 Third Avenue, Suite 3800
`Seattle, WA 98101
`Daniel D. Duhaime, Esq.
`Susman Godfrey LLP
`1301 Avenue Of The Americas,
` Floor 32
`New York, NY 10019
`Lawrence M. Hadley, Esq.
`Jason C. Linger, Esq.
`Glaser Weil Fink Howard Avchen &
` Shapiro LLP
`10250 Constellation Blvd., FL 19
`Los Angeles, CA 90067
`Mark Siegmund, Esq.
`Cherry Johnson Siegmund James, PLLC
`The Roosevelt Tower
`400 Austin Avenue, 9th Floor
`Waco, Texas 76701
`Celine Jimenez Crowson, Esq.
`Reedy Swanson, Esq.
`Hogan Lovells US LLP
`555 Thirteenth St, NW
`Washington, DC 20004
`
`KRISTIE M. DAVIS, OFFICIAL COURT REPORTER
`U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WACO)
`
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`07:48
`
`

`

`201
`
`Gurtej Singh, Esq.
`Hogan Lovells US LLP
`4085 Campbell Avenue, Suite 100
`Menlo Park, CA 94025
`Helen Y. Trac, Esq.
`Yi "Sally" Zhang, Esq.
`Hogan Lovells US LLP
`Four Embarcadero Center, Suite 3500
`San Francisco, CA 94111
`Kirstin L. Stoll-Debell, Esq.
`Faegre Drinker Biddle & Reath LLP
`1144 15th Street, Suite 3400
`Denver, CO 80202
`Carrie A. Beyer, Esq.
`Faegre Drinker Biddle & Reath LLP
`320 South Canal Street
`Chicago, IL 60606-5707
`Lora A. Brzezynski, Esq.
`Brianna L. Silverstein, Esq.
`Faegre Drinker Biddle & Reath LLP
`1500 K Street Nw, Suite 1100
`Washington, DC 20005
`Michael E. Jones, Esq.
`Shaun William Hassett, Esq.
`Potter Minton PC
`110 N College, Suite 500
`Tyler, TX 75702
`James Travis Underwood, Esq.
`Gillam and Smith, LLP
`303 South Washington Avenue
`Marshall, TX 75670
`Kristie M. Davis, CRR, RMR
`PO Box 20994
`Waco, Texas 76702-0994
`(254) 340-6114
`
`Court Reporter:
`
`Proceedings recorded by mechanical stenography,
`transcript produced by computer-aided transcription.
`
`
`KRISTIE M. DAVIS, OFFICIAL COURT REPORTER
`U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WACO)
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`

`

`212
`
`Okay. Are you -- your lawyer can ask you that
`Q.
`question later if he'd like to, okay?
`Are you aware, though, that a user can disable
`the Android Find My Device display by, for example,
`rebooting the device?
`A.
`By what?
`Q.
`By rebooting the device.
`A.
`Not that I know of.
`Q.
`You weren't aware of that?
`A.
`I was not aware of that.
`Q.
`Okay.
`MS. CROWSON: Let's take a look at
`Slide 34 of your presentation.
`BY MS. CROWSON:
`Q.
`You recognize this slide as something you
`testified about yesterday?
`A.
`Yeah. I do.
`Q.
`Okay. All right. And we were discussing
`yesterday that there are a number of features in your
`2007 Find My Device software product, right, that you
`were pitching that were not in your asserted patents,
`right?
`That's correct.
`A.
`Okay. And, for example, if we look at this
`Q.
`slide towards the middle, you see the "Yell at Thief!
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`KRISTIE M. DAVIS, OFFICIAL COURT REPORTER
`U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WACO)
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`

`213
`
`Add Audio to Stolen Message," right?
`A.
`That's correct.
`Q.
`And that's not in your asserted patent claims,
`right?
`You can create a stolen message, but it's not
`A.
`adding audio to the stolen message.
`Q.
`That's right. So the Yell at Thief! Add Audio
`to Stolen Message, that's not in your asserted patent
`claims, right?
`A.
`That's correct.
`Q.
`Okay. The same thing with the geolocation
`tracking, right? That's not in your asserted patent
`claims?
`You're definitely right.
`A.
`And the same thing with, if we look above at
`Q.
`the Yell at the Thief, "Start-Up Audible Prevention
`Alert," that's not in the asserted claims, right?
`A.
`No. You're right.
`Q.
`And the same thing above that, the "Remote
`Lockdown," right? You didn't invent remote lockdown,
`correct?
`Correct.
`A.
`Okay. And above that, the "Stolen Alert
`Q.
`Display," that's not in your patents, right?
`A.
`It depends.
`
`KRISTIE M. DAVIS, OFFICIAL COURT REPORTER
`U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WACO)
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`

`317
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`information that is already on the device is not
`something he discussed or showed in his report.
`THE COURT: Counsel?
`MR. DUHAIME: Your Honor, as you can see
`in his report, he talks about initiating or changing
`from that web interface. Initiating is entering a
`message for the first time; changing is entering a new
`message on that same web interface. And he clearly
`says in his report that he can do both.
`MS. STOLL-DEBELL: He did not show how to
`do both nor did he -- nor did he say what Mr. Duhaime
`just said either.
`THE COURT: Objection's overruled.
`MS. STOLL-DEBELL: Thank you, Your Honor.
`THE COURT: Thank you, sir.
`BY MR. DUHAIME:
`Q.
`So, Dr. Schaefer, returning to this claim
`limitation, what does the screenshot on the left depict
`from PX-35?
`A.
`So in this example, it was the initial message
`that I put on the phone, right? So you log -- I'm
`sorry.
`
`Can I start that whole thing over because we
`kind of messed it up a little bit here?
`Q.
`Sure.
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`KRISTIE M. DAVIS, OFFICIAL COURT REPORTER
`U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WACO)
`
`

`

`318
`
`So again, the ones on the left there are the
`A.
`devices that you're using to input the information on
`the lock screen, right? This is the remote device like
`the one that I used here with me.
`And that message is sent to a Find My Device
`server, which is then sent to the lost or stolen device
`to have the information displayed. And that's what you
`see there, like, on the left-hand image. This is just
`like the image that I put in the example. That was --
`happened.
`If you repeat that exact same set of steps,
`it'll change the message. And that's like what the
`message is you see there on the right.
`Q.
`And during your demonstration, did you
`initiate return or recovery information on the display
`of this device?
`A.
`I'm sorry. Can you repeat that?
`Q.
`During your demonstration, did you initiate
`return or recovery information on the display of this
`device?
`Yes. It didn't have return/recovery
`A.
`information. I sent it, and you guys saw me do it on
`the phone. And it sent the information there, and it
`appeared on the lock screen.
`Q.
`So in your opinion, is initiating return
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`KRISTIE M. DAVIS, OFFICIAL COURT REPORTER
`U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WACO)
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`319
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`information setting the information for the first time?
`A.
`Yes.
`Q.
`And could you also change that return
`information?
`A.
`Yes. You know, the claims -- well, we haven't
`gotten to that. But yes. You could also do that, and
`I just described how.
`Q.
`And how would you do that?
`A.
`Okay. So you would just repeat the same set
`of steps. So you go there and put a different message
`in. The lock screen says one thing. You put in the
`information. You press the button, and it changes to
`say the new thing basically.
`Q.
`And do the accused products initiate or change
`return information through a remote communication
`without assistance by the user with the computer?
`A.
`Right. So in this case, I wasn't touching the
`device and neither was Mr. Duhaime over there. And
`that case doesn't require the user to touch it at all.
`Q.
`And do the accused laptop products initiate or
`change return information through a remote
`communication without assistance by the user?
`A.
`Yes. So basically in a very similar way that
`we discussed previously, you can send a remote lock and
`message to the device, and the information will be
`
`KRISTIE M. DAVIS, OFFICIAL COURT REPORTER
`U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WACO)
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`329
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`And what was the difference between Claim 4 of
`Q.
`the '393 patent and Claim 4 of the '287 patent?
`A.
`So I believe those words were "return
`information" previously.
`Q.
`And I believe you just testified -- has the
`Court provided the same construction of those two
`terms?
`Yes. And so I've used them interchangeably.
`A.
`So are these limitations satisfied for the
`Q.
`same reasons as Claim 4 of the '287 patent?
`A.
`Yes. For the reasons that we talked about
`before, it's also satisfied.
`Q.
`And, Dr. Schaefer, what is the final
`difference between Claim 4 of the '393 patent and
`Claim 4 of the '287 patent?
`A.
`This claim adds the words "initiating or" to
`that one clause there in the middle.
`Q.
`And do the accused products initiate or change
`recovery information through an interactive program?
`A.
`Yes. We discussed both of those previously.
`Q.
`Dr. Schaefer, in your opinion, do the asserted
`claims require both initiating and changing?
`A.
`I looked at both initiating and changing, but
`it does say "or." So one.
`Q.
`So, Dr. Schaefer, in your opinion, do the
`
`KRISTIE M. DAVIS, OFFICIAL COURT REPORTER
`U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WACO)
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`339
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`also satisfy this limitation?
`A.
`Yeah. For the same reasons as before.
`Q.
`And do the accused products satisfy all of the
`limitations of Claim 1 of the '122 patent?
`A.
`Yeah. For the reasons that we talked about
`previously, as well as the differences that we just
`talked about, Claim 1 of the '122 patent is satisfied.
`Q.
`What's being depicted on the screen here?
`A.
`This is Claim 1 of the '393 patent.
`Q.
`And what does the text in black represent?
`A.
`So the text in black is the text that's
`identical to the '287 patent, Claim 1. That was the
`original Claim 1 that we talked about.
`Q.
`And what does the text in red represent?
`A.
`That's the differences from the '287, Claim 1.
`Q.
`And what's the first difference that you see
`here?
`So again, it says return information instead
`A.
`of recovery information.
`Q.
`Did that difference affect your determination
`of whether or not the limitations of Claim 1 of the
`'393 patent were satisfied?
`A.
`No. Again, they're defined to be the same
`thing so I'll use them interchangeably.
`Q.
`And what's the second change that you see here
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`KRISTIE M. DAVIS, OFFICIAL COURT REPORTER
`U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WACO)
`
`

`

`340
`
`in red?
`It says "wherein the initiating or changing"
`A.
`instead of just "the changing."
`Q.
`And can you use Find My Device on the accused
`products to both initiate and change return
`information?
`A.
`I considered both in that case, but I -- and
`we showed examples of both.
`Q.
`And what is initiating and what is changing?
`A.
`Well, we talked about this previously. So I'm
`using initiating as setting. So initiating the
`information is setting the information, and changing
`the information is changing information that's already
`been set.
`But you initiate the information from a remote
`Q.
`computer or do you initiate the information from the
`lost or stolen device?
`A.
`So this is done remotely is what's -- the
`claim's requiring here.
`Q.
`And what is the final change that you see in
`red?
`The final change is that the warning message
`A.
`got changed to "message."
`Q.
`And again, is a warning message a message?
`A.
`Yes. It is.
`
`KRISTIE M. DAVIS, OFFICIAL COURT REPORTER
`U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WACO)
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`

`362
`
`functions that are required to make things appear on a
`lock screen than it would be just a regular display,
`for example.
`And so due to the higher technical difficulty
`than the audio features, I gave them a higher weight.
`Q.
`What are the Remote Lockdown and GeoLocation
`Tracking features?
`A.
`So Remote Lockdown is the ability to send a
`remote lock message, and the GeoLocation Tracking is to
`get the GPS coordinates of the device basically.
`Q.
`And how much weight did you attribute to those
`features?
`A.
`So for each I gave them 10 percent weight, and
`I was trying to be conservative here. Remote Lockdown,
`they're sending a network message, but it's just really
`calling the lock functionality to lock the device.
`GeoLocation and Tracking, on modern APIs
`there's typically a single function that will give you
`the GPS coordinates of a device, but if you were going
`to display that on a map, that would be a little bit
`more complicated so I gave it a higher weight.
`Q.
`And what are the Message & Alert Large Groups
`and One-to-Many Management of Devices features?
`A.
`So this is the sort of -- both of these are
`related to the remote initiating and changing that we
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`KRISTIE M. DAVIS, OFFICIAL COURT REPORTER
`U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WACO)
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`

`363
`
`talked about previously. This is happening to sort of
`large groups of one-to-many type of thing.
`And in that type of situation you have to
`consider the network protocols that you use because
`you're contacting multiple people. You might consider
`different types of network protocols, different ways of
`communicating with many different devices. You'd also
`consider different data structures and sort of looping
`constructs to deal with the fact that there's multiple
`things there.
`So I did give them a higher apportionment at
`20 percent each due to the added complexity.
`Q.
`So turning to the extent to which you
`attributed these features to the patents. Did you
`attribute any weight to the Start-Up Audible Prevention
`Alert or the Yell at Thief! features?
`A.
`No. I didn't consider those as covered by the
`patents-in-suit.
`Q.
`Do the patents-in-suit say anything about
`audio alerts?
`A.
`No.
`Q.
`And is that why you attributed zero percent to
`them?
`A.
`Q.
`
`That's right.
`And how about the Remote Lockdown and
`
`KRISTIE M. DAVIS, OFFICIAL COURT REPORTER
`U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WACO)
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`

`

`UNITED STATES DISTRICT COURT )
`WESTERN DISTRICT OF TEXAS
`)
`
`463
`
`I, Kristie M. Davis, Official Court
`Reporter for the United States District Court, Western
`District of Texas, do certify that the foregoing is a
`correct transcript from the record of proceedings in
`the above-entitled matter.
`I certify that the transcript fees and
`format comply with those prescribed by the Court and
`Judicial Conference of the United States.
`Certified to by me this 9th day of May
`
`2023.
`
`
`
`
`
`
`/s/ Kristie M. Davis
`KRISTIE M. DAVIS
`Official Court Reporter
`800 Franklin Avenue
`Waco, Texas 76701
`(254) 340-6114
`kmdaviscsr@yahoo.com
`
`KRISTIE M. DAVIS, OFFICIAL COURT REPORTER
`U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WACO)
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`

`

`781
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION]
`*
`CAROLYN W. HAFEMAN
`April 27, 2023
`*
`
`*
`VS.
` * CIVIL ACTION NO. 6:21-CV-696
`LG ELECTRONICS, INC.
`*
`
`BEFORE THE HONORABLE ALAN D ALBRIGHT
`TRIAL PROCEEDINGS
`Volume 4 of 5
`
`APPEARANCES:
`For the Plaintiff:
`
`
`
`For the Defendant:
`
`Max L. Tribble, Jr., Esq.
`Susman Godfrey L.L.P.
`1000 Louisiana, Suite 5100
`Houston, TX 77002-5096
`Genevieve Vose Wallace, Esq.
`Susman Godfrey LLP
`1201 Third Avenue, Suite 3800
`Seattle, WA 98101
`Daniel D. Duhaime, Esq.
`Susman Godfrey LLP
`1301 Avenue Of The Americas,
` Floor 32
`New York, NY 10019
`Lawrence M. Hadley, Esq.
`Jason C. Linger, Esq.
`Glaser Weil Fink Howard Avchen &
` Shapiro LLP
`10250 Constellation Blvd., FL 19
`Los Angeles, CA 90067
`Mark Siegmund, Esq.
`Cherry Johnson Siegmund James, PLLC
`The Roosevelt Tower
`400 Austin Avenue, 9th Floor
`Waco, Texas 76701
`Celine Jimenez Crowson, Esq.
`Reedy Swanson, Esq.
`Hogan Lovells US LLP
`555 Thirteenth St, NW
`Washington, DC 20004
`
`KRISTIE M. DAVIS, OFFICIAL COURT REPORTER
`U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WACO)
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`

`

`782
`
`Gurtej Singh, Esq.
`Hogan Lovells US LLP
`4085 Campbell Avenue, Suite 100
`Menlo Park, CA 94025
`Helen Y. Trac, Esq.
`Yi "Sally" Zhang, Esq.
`Hogan Lovells US LLP
`Four Embarcadero Center, Suite 3500
`San Francisco, CA 94111
`Kirstin L. Stoll-Debell, Esq.
`Faegre Drinker Biddle & Reath LLP
`1144 15th Street, Suite 3400
`Denver, CO 80202
`Carrie A. Beyer, Esq.
`Faegre Drinker Biddle & Reath LLP
`320 South Canal Street
`Chicago, IL 60606-5707
`Lora A. Brzezynski, Esq.
`Brianna L. Silverstein, Esq.
`Faegre Drinker Biddle & Reath LLP
`1500 K Street Nw, Suite 1100
`Washington, DC 20005
`Michael E. Jones, Esq.
`Shaun William Hassett, Esq.
`Potter Minton PC
`110 N College, Suite 500
`Tyler, TX 75702
`James Travis Underwood, Esq.
`Gillam and Smith, LLP
`303 South Washington Avenue
`Marshall, TX 75670
`Kristie M. Davis, CRR, RMR
`PO Box 20994
`Waco, Texas 76702-0994
`(254) 340-6114
`
`Court Reporter:
`
`Proceedings recorded by mechanical stenography,
`transcript produced by computer-aided transcription.
`
`KRISTIE M. DAVIS, OFFICIAL COURT REPORTER
`U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WACO)
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`

`1031
`
`Just like the name Rachel in the message that
`Q.
`you talked about earlier could be sufficient
`information to return a phone to Rachel, correct?
`A.
`Could be.
`Q.
`Same thing, right?
`A.
`I don't know I'd agree it's the same thing but
`could be.
`Q.
`Name's a name, isn't it?
`A.
`Yes. A name is a name.
`Q.
`It's your opinion -- well, I don't think it's
`actually disputed -- that for one computer to remotely
`communicate with another computer, they need to be
`connected together over a network, correct?
`A.
`Yes. They have to be connected in a network.
`Q.
`And that was true for Group Policy too. If a
`computer was -- or for -- excuse me -- not Group
`Policy.
`
`For Windows 2000, for it to receive updates,
`it had to be on a network of some sort, correct?
`A.
`Yeah.
`Q.
`And that's actually true for the accused
`products too, correct?
`A.
`They have to be connected.
`Q.
`Yeah. If the phone is not on any kind of
`network, it is not going to be able to receive a Find
`
`KRISTIE M. DAVIS, OFFICIAL COURT REPORTER
`U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WACO)
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`

`1032
`
`My Device message as accused in this case, correct?
`A.
`Correct. You have to be able to communicate
`with it.
`Q.
`Okay. I believe when plaintiff's counsel was
`up here, there was the message -- the Find My Device
`message that was displayed?
`A.
`Yes.
`Q.
`Let's put this on the document camera here
`now.
`
`I don't see that message here, Dr. Schaefer.
`Is it being displayed here?
`A.
`No. The display's not on.
`Q.
`It disappeared?
`A.
`Well, the display's not on. You got to press
`the button.
`Q.
`Oh. So the display went away?
`A.
`When the display is on, the message is
`displayed.
`Q.
`Okay. And when the display's off, it's not,
`right? It disappeared?
`A.
`When it's not on, it won't display anything.
`No.
`Okay. And so to make that display come back
`Q.
`up, I'd have to do something, right?
`A.
`Well, you have to turn it on.
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`KRISTIE M. DAVIS, OFFICIAL COURT REPORTER
`U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WACO)
`
`

`

`1033
`
`Yeah. I'd have to push a button?
`Q.
`Yeah. Computers won't do anything unless you
`A.
`turn them on.
`Q.
`By pushing a button?
`A.
`Usually it's a button.
`Q.
`Let's turn to your infringement opinion
`regarding the Find My Device functionality on LG
`laptops.
`And more specifically, I want to talk about
`your opinion that those laptops are at least capable of
`remotely changing return/recovery information, okay?
`MR. TRIBBLE: Objection, Your Honor.
`
`Cumulative.
`
`The time for this question was the last
`time she crossed him. We didn't touch this on -- in
`our rebuttal testimony.
`THE COURT: Could I hear the question
`
`again?
`
`MS. STOLL-DEBELL: I was actually just
`setting it up. I was going to ask him now. I hadn't
`actually asked a question. I had just said this is
`what I'm going to move to just to have everybody
`understand sort of where we are.
`So maybe I could ask the question --
`THE COURT: Okay.
`
`KRISTIE M. DAVIS, OFFICIAL COURT REPORTER
`U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WACO)
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`

`

`UNITED STATES DISTRICT COURT )
`WESTERN DISTRICT OF TEXAS
`)
`
`1064
`
`I, Kristie M. Davis, Official Court
`Reporter for the United States District Court, Western
`District of Texas, do certify that the foregoing is a
`correct transcript from the record of proceedings in
`the above-entitled matter.
`I certify that the transcript fees and
`format comply with those prescribed by the Court and
`Judicial Conference of the United States.
`Certified to by me this 9th day of May
`
`2023.
`
`
`
`
`
`
`/s/ Kristie M. Davis
`KRISTIE M. DAVIS
`Official Court Reporter
`800 Franklin Avenue
`Waco, Texas 76701
`(254) 340-6114
`kmdaviscsr@yahoo.com
`
`KRISTIE M. DAVIS, OFFICIAL COURT REPORTER
`U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WACO)
`
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`04:44
`
`

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