`CENTRAL DISTRICT OF CALIFORNIA
`HONORABLE R. GARY KLAUSNER, JUDGE PRESIDING
`GOTV STREAMING, LLC,
`
`)))))))))))))))))))
`
`Plaintiff,
`
`Vs.
`
`NETFLIX, INC.,
`
`Defendant.
`________________________________
`
`No. CV22-07556-RGK
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`REPORTER'S TRANSCRIPT OF PROCEEDINGS
`JURY TRIAL
`DAY 3, VOLUME II
`LOS ANGELES, CALIFORNIA
`THURSDAY, OCTOBER 19, 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
`
`Page 1 of 4 (IPR2023-00758)
`Netflix, Inc. v. GoTV Streaming, LLC
`
`UNITED STATES DISTRICT COURT
`
`(cid:21)(cid:19)(cid:21)(cid:19)
`
`
`
`39
`
`Court has said any place you see custom configuration in the
`claim, you effectively have to pop in this definition. You
`have to -- it's like you cross out custom configuration and
`write in configuration that determines the look and feel of
`the application. Okay. So that's why we get into look and
`feel.
`
`So remember, I showed you the evidence that both
`So remember, I showed you the evidence that both
`experts agree that the application that's in the claim is a
`experts agree that the application that's in the claim is a
`back-end application. In fact, you remember I asked
`back-end application. In fact, you remember I asked
`Dr. Malek: If I download the Netflix app on my phone, is
`Dr. Malek: If I download the Netflix app on my phone, is
`that the application in the claim? He said no. He agreed
`that the application in the claim? He said no. He agreed
`with me. Both experts agree. The application must be on the
`with me. Both experts agree. The application must be on the
`back end.
`back end.
`
`So what Dr. Villasenor says is: Well, the
`definition is configuration that determines the look and feel
`of the application, that the application is the application
`that both experts agree resides on the back end. So what he
`says is: Well, there's no look and feel to the back end,
`right?
`
`The back end is a server. It's just a big
`information store. It doesn't need an interface for users.
`It doesn't need all the things that they've been pointing to.
`It doesn't need the stuff that we've been pointing to as
`being look and feel. It's just a big information store. No
`Netflix user ever goes to the Netflix back end to pick a
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`Page 2 of 4 (IPR2023-00758)
`Netflix, Inc. v. GoTV Streaming, LLC
`
`UNITED STATES DISTRICT COURT
`
`
`
`42
`
`they're treating it.
`So what did we do? We said, okay, we're going to
`ask people of ordinary skill in the art. We're going to ask
`people in this field what does it mean. What does look and
`feel mean? So what did we do?
`We asked Dr. Malek, who is an accomplished guy. We
`asked Dr. Villasenor, who is accomplished and even more
`experienced. They both agree that look and feel has an
`ordinary meaning in this space. In this field,
`Dr. Villasenor told us, he says that look and feel means
`aggregate user experience that's characteristic of the
`because remember,
`application -- which is true to the claims, because remember,
`the application in the claims is what's on the server.
`the application in the claims is what's on the server. And
`the claim says -- and we're going to talk about this -- that
`this custom configuration has to be associated with the
`application.
`Dr. Malek over on the right says one way of
`thinking about look and feel would be a -- I asked him: One
`way of thinking about look and feel would be a consistent
`design, consistent style, consistent theme, correct? He
`didn't say, oh, that's not what the patent says. He knows
`what look and feel is. What he said is, yes, as required by
`the claim.
`
`He is saying in this claim look and feel has a
`meaning, and this is the meaning. There should be
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`Page 3 of 4 (IPR2023-00758)
`Netflix, Inc. v. GoTV Streaming, LLC
`
`UNITED STATES DISTRICT COURT
`
`
`
`46
`
`a few Disney franchises. You know you're not on Netflix
`there, right? You know you're on Disney, right? It's not
`the top image. It's not the rows of movies. It's the other
`stuff that gives you the look and feel.
`So for those reasons, in both claims in the '715
`patent and the '245 patent, we are missing the custom
`configuration. That's what, you know, makes our product
`oblong and the claim is round. We don't infringe. That's
`reason one.
`So let's get to reason two. It's somewhat related
`So let's get to reason two. It's somewhat related
`to reason one but it's more focused on where that application
`to reason one but it's more focused on where that application
`lives. The claim language says: Wherein said custom
`lives. The claim language says: Wherein said custom
`configuration is associated with an application. That's in
`configuration is associated with an application. That's in
`both of the patents. All right? I've underlined it for you.
`both of the patents. All right? I've underlined it for you.
`Again, Dr. Malek and Dr. Villasenor both agree that
`Again, Dr. Malek and Dr. Villasenor both agree that
`the application lives on the server, on the back end. No
`the application lives on the server, on the back end. No
`dispute about that. S
`dispute about that. So what's the difference here? In the
`patents, and we talked about this, the compiled content and
`the custom configuration come from the server -- this is a
`requirement of the claim -- and create the look and feel on
`the client device. That's the patent.
`In the Netflix system, remember, the intelligence
`resides on the phone. So what Netflix gets is just
`information that it has the intelligence to use on the client
`device. It doesn't get a custom configuration for all the
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`Page 4 of 4 (IPR2023-00758)
`Netflix, Inc. v. GoTV Streaming, LLC
`
`UNITED STATES DISTRICT COURT
`
`