`CENTRAL DISTRICT OF CALIFORNIA
`HONORABLE R. GARY KLAUSNER, JUDGE PRESIDING
`GOTV STREAMING, LLC,
`
`No. CV22-07556-RGK
`
`)))))))))))))))))))
`
`Plaintiff,
`
`Vs.
`
`NETFLIX, INC.,
`
`Defendant.
`________________________________
`
`REPORTER'S TRANSCRIPT OF PROCEEDINGS
`JURY TRIAL
`DAY 2
`LOS ANGELES, CALIFORNIA
`WEDNESDAY, OCTOBER 18, 2023
`
`MIRIAM V. BAIRD, CSR 11893, CCRA
`OFFICIAL U.S. DISTRICT COURT REPORTER
`350 WEST FIRST STREET
`FOURTH FLOOR
`LOS ANGELES, CALIFORNIA 90012
`MVB11893@aol.com
`
`UNITED STATES DISTRICT COURT
`
`Netflix v. GoTV
`IPR2023-00757
`Netflix Ex. 1026
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`17
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`MR. ALAVI: Your Honor, we ask that Exhibit 551 be
`received into evidence.
`THE COURT: It will be received.
`(Exhibit 551 received)
`MR. ALAVI: Your Honor, plaintiffs called Dr. Sam
`
`Malek.
`
`THE COURT: Okay.
`Sam Malek, Plaintiff's witness, sworn
`THE CLERK: For the record please state your full
`name and spell your last name.
`THE WITNESS: My name is Sam Malek. Last name is
`spelled M-a-l-e-k.
`THE COURT: You may inquire, counsel.
`DIRECT EXAMINATION
`
`BY MR. ALAVI:
`Q.
`Dr. Malek, why are you here to testify today?
`A.
`Good afternoon. I was retained by GoTV Streaming to
`evaluate their patents and determine if Netflix is infringing
`those patents.
`Q.
`To prepare for your testimony, did you assist in
`preparing some slides?
`A.
`Yes, I did.
`Q.
`Dr. Malek, where do you currently work?
`A.
`I'm a full professor with tenure at the University of
`California Irvine.
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`28
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`well. So I have listed here all the limitations of claim 1
`as well as claim 4.
`Q.
`So let's turn to the highlighted claim element 1-A, a
`method of generating content that is renderable by a wireless
`device said method comprising. Is your analysis on this
`element the same for all four platform?
`A.
`It is the same for all platforms.
`Q.
`Can you walk us through your analysis for this element.
`A.
`Sure. So Netflix servers, the application running the
`Netflix servers, generates content and generates data
`information and sends that data information to wireless
`devices, which are the client devices.
`These could be smart TVs which, you know, all of
`them are pretty much wireless devices, Android and iOS
`devices, which are all wireless devices, or laptops and
`computers, which, practically all of them are wireless
`devices.
`Q.
`Does it transmit that information from the server
`application?
`A.
`Yes, it does.
`Q.
`So what do we do here for element 1-A?
`A.
`This element is practiced. We can put a checkmark.
`Q.
`What are you doing here with each of these elements with
`these checkmarks?
`A.
`I'm basically stepping through each limitation to
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`Yes. I would agree with that.
`A.
`Put another way, once a client has their custom
`Q.
`configuration and the compiled content, the client has
`everything it needs from the server to render a page on the
`client's screen, right?
`A.
`Yes.
`Q.
`Now, we've been using the phrase application, the
`application in the claims. You remember that being there,
`right?
`A.
`Yes.
`Q.
`And just again for clarity's sake, when you're talking
`about the application, you're referring to the entire Netflix
`back end and CDN, correct?
`A.
`Well, the entire Netflix application, which includes the
`back-end server application, yes.
`Q.
`Well, let's be precise about this, sir. When you're
`saying the application, you're talking about the entire
`Netflix AWS back end and CDN, correct?
`A.
`The Netflix application that is running on those
`servers, yes.
`Q.
`And it is not, for example, the Netflix app I have on my
`phone, correct? That's not the application that we're
`talking about?
`A.
`I mean, that's part of the overall Netflix application,
`but that is not what I'm pointing to for some of the claim
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`246
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`BY MR. ALAVI:
`Q.
`This is the 2001 paper that you talked about in your
`direct examination, correct?
`A.
`Yes.
`Q.
`You recognized in 2001, a long time ago, that there was
`going to be a problem with getting the internet to mobile
`devices, correct?
`A.
`I don't know if I called it a problem, but I understood
`it was a challenge. Yeah, it was -- it needed to be
`addressed.
`Q.
`Okay. And, Dr. Villasenor, just to be clear, you are
`not offering any testimony today that GoTV's patents are
`invalid, correct?
`A.
`That's correct.
`Q.
`Okay. You're not suggesting that the Netflix website
`that had streaming invalidates the GoTV patents, correct?
`A.
`That's correct.
`Q.
`You're not even asserting that the Netflix streaming
`service that went out in 2012 invalidates the patents,
`correct?
`A.
`That's correct.
`Q.
`Because you understand that when you're looking at
`invalidity, whether someone came up with the invention first,
`you don't look at when a patent issues. You look at the
`priority date of the patent, correct?
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