Page 1
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
` _____________________________
`)
` LG ELECTRONICS, INC., )
`)
`Petitioner, )
`)
`vs. ) Nos. IPR2015-00326
`) IPR2015-00330
` ATI TECHNOLOGIES ULC, )
`)
`Patent Owner. )
` _____________________________)
`
` VIDEOTAPED DEPOSITION OF NADER BAGHERZADEH, Ph.D.
`Los Angeles, California
`Tuesday, September 15, 2015
`Volume I
`
`Veritext Legal Solutions
`Mid-Atlantic Region
`1250 Eye Street NW - Suite 1201
`Washington, D.C. 20005
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`Veritext Legal Solutions
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`ATI 2073
`LG v. ATI
`IPR2015-00326
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`ATI Ex. 2120
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`IPR2023-00922
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`Page 4
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`1 APPEARANCES (Continued):
`
`23
`
` For Patent Owner:
`4 STERNE KESSLER GOLDSTEIN FOX
`5 BY: JONATHAN TUMINARO, Ph.D.
`6 BY: TYLER J. DUTTON
`7 Attorneys at Law
`8 1100 New York Avenue, NW
`9 Washington, D.C. 20005
`10 202-371-2600
`11 jtuminar@skgf.com
`12 tdutton@skgf.com
`13
`14 Videographer:
`15 GRANT CIHLAR
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
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`Page 5
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`1 INDEX
`2 WITNESS EXAMINATION
`3 NADER BAGHERZADEH, Ph.D.
`4 Volume I
`5 BY MR. TUMINARO 8
`6 BY MR. PLUTA 123
`
`78
`
` EXHIBITS
`9 NUMBER DESCRIPTION PAGE
`10 Exhibit 1 Declaration of Dr. Nader 10
`11 Bagherzadeh; 111 pages
`12
`13 Exhibit 2 Declaration of Dr. Nader 11
`14 Bagherzadeh; 86 pages
`15
`16 Exhibit 3 Consultant Curriculum Vitae 15
`17 for Nader Bagherzadeh, Ph.D.;
`18 33 pages
`19
`20 Exhibit 4 Article entitled "How GPUs 36
`21 Work"; 5 pages
`22
`23 Exhibit 5 Article entitled "Exploiting 40
`24 the Shader Model 4.0
`25 Architecture"; 9 pages
`
`Page 2
`1 UNITED STATES PATENT AND TRADEMARK OFFICE
`2 BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`34
`
` _____________________________
` )
`5 LG ELECTRONICS, INC., )
` )
`6 Petitioner, )
` )
`7 vs. ) Nos. IPR2015-00326
` ) IPR2015-00330
`8 ATI TECHNOLOGIES ULC, )
` )
`9 Patent Owner. )
` _____________________________)
`
`10
`11
`12
`13
`14 Videotaped deposition of NADER BAGHERZADEH,
`15 Ph.D., Volume I, taken on behalf of Patent Owner, at
`16 350 South Grand Avenue, Suite 2500, Los Angeles,
`17 California, beginning at 9:38 a.m. and ending at
`18 1:42 p.m. on Tuesday, September 15, 2015, before
`19 NADIA NEWHART, Certified Shorthand Reporter
`20 No. 8714.
`21
`22
`23
`24
`25
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`Page 3
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`1 APPEARANCES:
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`23
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` For Petitioner:
`4 MAYER BROWN, LLP
`5 BY: ROBERT G. PLUTA
`6 Attorney at Law
`7 71 South Wacker Drive
`8 Chicago, Illinois 60606-4637
`9 312-701-8641
`10 rpluta@mayerbrown.com
`11
`12 MAYER BROWN, LLP
`13 BY: JOHN X. ZHU
`14 Attorney at Law
`15 1999 K Street, N.W.
`16 Washington, D.C. 20006-1101
`17 202-263-3318
`18 jzhu@mayerbrown.com
`19
`20
`21
`22
`23
`24
`25
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`Page 8
`1 MR. TUMINARO: Jonathan Tuminaro from the law
`2 firm of Sterne Kessler Goldstein & Fox on behalf of
`3 the patent owner, ATI Technologies ULC. And with me
`4 is Tyler Dutton, also from Sterne Kessler.
`5 MR. PLUTA: Robert Pluta from Mayer Brown on
`6 behalf of LG Electronics.
`7 MR. ZHU: John Zhu also of Mayer Brown for LG
`8 Electronics.
`9 THE VIDEOGRAPHER: Thank you.
`10 The witness will be sworn in, and counsel may
`11 begin the examination.
`12
`13 NADER BAGHERZADEH, Ph.D.,
`14 having been first duly sworn, was examined and
`15 testified as follows:
`16
`17 EXAMINATION
`18 BY MR. TUMINARO:
`19 Q Good morning, sir.
`20 A Good morning.
`21 Q This is the second time I'm taking your
`22 deposition, right?
`23 A Correct.
`24 Q Correct. Okay. Just a couple ground rules
`25 for this deposition as we did last time. We're
`
`Page 9
`
`1 trying to get a clear record from the court
`2 reporter, so I'll ask that you don't speak over me
`3 and I'll try not to speak over you; is that fair?
`4 A That's good.
`5 Q Okay. I'm going to try to ask clear
`6 questions, but if at any time you don't understand
`7 my question, will you let me know?
`8 A Sure.
`9 Q Okay. If you answer one of my questions, I'm
`10 going to assume you understood it; is that fair?
`11 A That's fair.
`12 Q Okay. I'm going to take periodic breaks, but
`13 if at any time you need a break, will you let me
`14 know?
`15 A Yes.
`16 Q Okay. One thing I'd ask, though, if there's
`17 a pending question, I ask that you answer the
`18 que- -- answer the question before we take a break;
`19 is that fair?
`20 A That is fair.
`21 Q Okay. You understand that you are testifying
`22 under oath here today?
`23 A Correct.
`24 Q Is there any reason you cannot do that?
`25 A No.
`
`3 (Pages 6 - 9)
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`Page 6
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`1 INDEX (Continued):
`2 EXHIBITS
`3 NUMBER DESCRIPTION PAGE
`4 Exhibit 6 United States Patent 61
`5 Number 5,808,690; 50 pages
`
`67
`
` Exhibit 7 United States Patent 61
`8 Number 6,897,871; 10 pages
`9
`10 Exhibit 8 United States Patent 84
`11 Number 7,015,913; 20 pages
`12
`13 Exhibit 9 United States Patent 98
`14 Number 7,376,811; 12 pages
`15
`16 Exhibit 10 Patent Trial and Appeal 104
`17 Board Decision; 28 pages
`18
`19
`20
`21
`22
`23
`24
`25
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`Page 7
`1 Los Angeles, California, Tuesday, September 15, 2015
`2 9:38 a.m.
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`34
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` THE VIDEOGRAPHER: Good morning. We're on
`5 the record. The time is 9:38 a.m. on
`6 September 15th, 2015. This is the video-recorded
`7 deposition of Dr. Nader Bagherzadeh.
`8 My name is Grant Cihlar, here with our court
`9 reporter, Nadia Newhart. We are here from Veritext
`10 Legal Solutions at the request of counsel for the
`11 patent owner. This deposition is being held at
`12 Mayer Brown in Los Angeles, California.
`13 The caption of this case is LG Electronics,
`14 Incorporated versus ATI Technologies ULC. The case
`15 numbers are IPR2015-00330 and IPR2015-00326.
`16 Please note that audio and video recording
`17 will take place unless all parties agree to go off
`18 the record. Microphones are sensitive and may pick
`19 up whispers, private conversations and cellular
`20 interference. I am a notary public. I am not
`21 related to any party in this action, nor am I
`22 financially interested in the outcome in any way.
`23 If there are any objections to proceeding, please
`24 state them at the time of your appearance beginning
`25 with the noticing attorney.
`
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`1 Q Okay. You submitted two declarations in
`2 these two cases?
`3 A Two cases, two declarations, yes.
`4 MR. TUMINARO: Okay. I'd like to have this
`5 marked.
`6 (Exhibit 1 was marked for identification
`7 by the court reporter and is attached hereto.)
`8 BY MR. TUMINARO:
`9 Q Sir, you've been handed what's been marked as
`10 Exhibit 1 for identification purposes. This is the
`11 declaration that you submitted in the 326 IPR; is
`12 that right?
`13 A Correct.
`14 Q And if you would turn with me to the last
`15 page before Appendix A.
`16 A Exhibit 1?
`17 Q Exhibit 1.
`18 A Last page?
`19 Q Before Appendix A.
`20 A Yes.
`21 Q Is that your signature that appears on that
`22 last page that's not numbered?
`23 A Correct.
`24 Q Okay. And you signed this declaration on
`25 December 10th, 2014?
`
`Page 12
`1 Q Are there any changes at all that you would
`2 like to make to your declaration in the 326 IPR?
`3 A Nothing comes to mind right now.
`4 Q Okay. Same with respect to Exhibit 2, which
`5 is your declaration in the 330 IPR. Anything that
`6 you would like to add to that declaration?
`7 A No.
`8 Q Anything that you'd like to delete?
`9 A No.
`10 Q Any changes at all that you'd like to make to
`11 that declaration?
`12 A Not at this time.
`13 Q Okay. When were you first contacted with
`14 respect to these two IPRs?
`15 A So this was signed December. I would say --
`16 I'm guessing early fall.
`17 Q 2014?
`18 A Yeah.
`19 Q Okay. And who contacted you?
`20 A I think it was Mr. Maas and Mr. Zhu and
`21 others from that team, I think.
`22 Q Okay.
`23 A I'm -- I'm not certain about this, but these
`24 are the names that come to mind.
`25 Q That's your best recollection?
`
`Page 11
`
`1 A Correct.
`2 MR. TUMINARO: Okay.
`3 (Exhibit 2 was marked for identification
`4 by the court reporter and is attached hereto.)
`5 BY MR. TUMINARO:
`6 Q If you turn with me to Exhibit 2, this is the
`7 declaration that you submitted in 330 IPR; is that
`8 right?
`9 A Correct.
`10 Q Okay. And again, if you would just turn with
`11 me to the last page before the appendix. Is that
`12 your signature?
`13 A Yes.
`14 Q Okay. And you signed the declaration in the
`15 330 IPR on December 9th, 2014; is that right?
`16 A That is correct.
`17 Q Okay. All right. With respect to Exhibit 1,
`18 is there anything that you would like to add?
`19 MR. PLUTA: Object to the form.
`20 THE WITNESS: Not that I can think of right
`21 now.
`22 BY MR. TUMINARO:
`23 Q Is there anything that you would like to
`24 delete?
`25 A Not that I can think of right now.
`
`Page 13
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`1 A That's right.
`2 Q Okay. And how were you contacted? By
`3 telephone? By e-mail? In what form were you
`4 contacted?
`5 A First time?
`6 Q Yes.
`7 A Phone call, I would say, yeah.
`8 Q Okay. And since the time that you were first
`9 contacted until you submitted your declaration, how
`10 much time did you spend preparing your declaration?
`11 A Oh, I'm going to give you a lower bound like
`12 I have done in the past for my depositions. It was
`13 at least 40 hours.
`14 Q At least 40 hours on each or combined? Each
`15 declaration --
`16 A On each.
`17 Q On each.
`18 So a total of at least 80 hours working on
`19 your declaration in the 326 --
`20 A And the --
`21 Q -- and the 330?
`22 A I'm sorry. Because there was some other
`23 case, as well, so that's -- there were -- sorry.
`24 There were other patents involved, so I would say --
`25 I would say 40 hours each of these two, no. I would
`4 (Pages 10 - 13)
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`1 say total, about 40 hours or more.
`2 Q Okay.
`3 A Yeah, I think that's correct.
`4 Q Okay. And what did you do to prepare for
`5 today's deposition?
`6 A I reviewed my declaration. I looked at all
`7 the appendix references. I can -- I looked at the
`8 patent. I glanced over the patent history. I've
`9 looked at Lindholm's patent, Rich Kizhepat,
`10 Kurihara. I looked at certain portions of OpenGL
`11 that I was interested in, and that's it.
`12 Q Okay. And did you also -- so with respect --
`13 strike that.
`14 You looked at the 871 patent; is that right?
`15 A Yes.
`16 Q Did you also look at the 369 patent?
`17 A Yes, I did.
`18 Q Okay. Did you also look at the prosecution
`19 history of the 369 patent?
`20 A Glanced over it, yes.
`21 Q Okay. And did you look at -- in preparing
`22 for your deposition here today, did you review any
`23 other exhibits that are not listed in your materials
`24 considered for your declarations?
`25 A Not that I recall.
`
`Page 15
`1 Q Okay. Did you look at the patent owner's
`2 response in the 053 case?
`3 MR. PLUTA: Object to form.
`4 THE WITNESS: 053 case?
`5 BY MR. TUMINARO:
`6 Q Yes.
`7 A In preparation, I only looked at what's
`8 related to these two patents.
`9 Q Okay. Have you seen the patent owner's
`10 response in the 053 case?
`11 MR. PLUTA: Object to form, object to
`12 relevance.
`13 THE WITNESS: I don't understand your
`14 question, Counsel. You mean since my deposition,
`15 there was a response; is that what you're saying?
`16 BY MR. TUMINARO:
`17 Q Yeah. Since your deposition, there was a
`18 response in the 053 case. Have you seen that
`19 response?
`20 A No.
`21 MR. TUMINARO: Okay.
`22 (Exhibit 3 was marked for identification
`23 by the court reporter and is attached hereto.)
`24 BY MR. TUMINARO:
`25 Q Sir, you've been handed what's been marked as
`
`Page 16
`1 Exhibit 3 for identification purposes. This is the
`2 consultant CV that was attached to -- as an exhibit
`3 to each of your declarations; is that right?
`4 A That's correct.
`5 Q All right. Again, anything that you would
`6 like to add to this CV?
`7 A No. I mean, I've published additional
`8 papers, but I -- I think this is fine.
`9 Q You've published additional papers since you
`10 submitted this declaration in -- on December 9th or
`11 December 10th of 2014?
`12 A Yes. We publish all the time.
`13 Q Okay. Apart from any other papers, any- --
`14 anything that you'd want to add to this --
`15 A No.
`16 Q -- CV?
`17 A No.
`18 Q Anything that you'd want to delete from the
`19 CV?
`20 A Oh, no.
`21 Q Any changes at all that you would like to
`22 make?
`23 A I mean, if there's a typo somewhere here, I
`24 would like to change it, but I have not seen a typo.
`25 If there is any misspelling or, you know, some
`Page 17
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`1 cosmetic things, you know, I might want to change
`2 that. But I don't see anything that I can think of
`3 to be changed here.
`4 Q Okay. Do you have any other CVs that you use
`5 in your professional capacity?
`6 A Yes.
`7 Q Apart from this consultant CV?
`8 A That's right.
`9 Q How many other CVs do you use?
`10 A Different venues; different CVs. I have a CV
`11 for National Science Foundation grants. Those are
`12 two-page CVs. I have a CV for merit and promotions
`13 at the University of California. That's over
`14 70 pages.
`15 Q Do you have any other CVs besides those two
`16 that you mentioned?
`17 A There are other ones for different
`18 applications. You know, the -- the way they ask
`19 you, a one-page CV or like an executive summary or
`20 something like that, yeah.
`21 Q Do you -- do you talk on a regular basis,
`22 give -- give presentations on a regular basis?
`23 A Yes, I do.
`24 Q Do you have a CV that you use to indicate
`25 your experience with talking engagements?
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`1 A No, because they know me so they don't ask
`2 for a CV.
`3 Q Okay.
`4 A That's right. It would be a little weird for
`5 them to ask for a CV for somebody they're inviting
`6 for a talk.
`7 Q Okay.
`8 A That's usually not done.
`9 Q Is your NSF CV publicly available?
`10 A That's a good question. I don't know if it
`11 is publicly available.
`12 Q Do you -- you're a -- you're a professor at
`13 the University of California, Irvine; is that right?
`14 A Correct.
`15 Q Do you publish your CV on -- on the
`16 university's webpage?
`17 A No, we don't. We just have a summary on the
`18 website. If you Google, you'll find out.
`19 Q So based on your CV, you've -- you've never
`20 worked at a graphics processing company, correct?
`21 MR. PLUTA: Object to form.
`22 THE WITNESS: Well, I worked for our
`23 start-up, and one of the application was for
`24 graphics processing.
`25 BY MR. TUMINARO:
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`Page 19
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`1 Q The start-up being the MorphoSys?
`2 A Yes, Morpho Technology.
`3 Q Morpho Technologies.
`4 Okay. If we look at Morpho Technologies on
`5 your CV, it says:
`6 "Duties: Cofounder; DSP design
`7 for communication and multimedia
`8 systems."
`9 Is that right? What about that signifies
`10 that you worked on graphics?
`11 A So we added the functionality of multimedia
`12 graphics processing, because we were seeking
`13 customers and clients to adopt a technology. And we
`14 had a -- you know, we had a hammer. We were looking
`15 for a nail.
`16 So basically, we had a parallel processor, an
`17 SIMD, to say it more specifically. We were very
`18 proud of it because it worked really nicely. And
`19 many of these problems are data parallel, so we felt
`20 very strongly about being able to apply it to the
`21 pixel processing and so on.
`22 Q Okay. So you felt strongly that you could
`23 apply it to pixel processing. Did you actually
`24 apply it to pixel processing?
`25 MR. PLUTA: Object to form.
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`Page 20
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`1 THE WITNESS: We did. We did, yeah.
`2 BY MR. TUMINARO:
`3 Q Did you actually do that work?
`4 A I'm sorry?
`5 Q Were you the one that did that work?
`6 A I was the key engineer, yes.
`7 Q Okay. Is it -- you've worked on digital
`8 signal processors?
`9 A Sure, yes.
`10 Q DSP for short; is that right?
`11 A Yes.
`12 Q You've worked on system-on-a-chip
`13 architectures?
`14 A I have, and I continue to, yes.
`15 Q You've continued to work on that?
`16 A Uh-huh.
`17 Q You've published papers on a system-on-a-chip
`18 architecture?
`19 A All the time.
`20 Q You continue to do research on system-on-a-
`21 chip architecture?
`22 A That's what we do.
`23 Q Okay. And you also work on processor
`24 architecture in general?
`25 A That's all my life, yes.
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`Page 21
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`1 Q That's your research?
`2 A Yes.
`3 Q You've written papers on processor
`4 architecture?
`5 A Yes.
`6 Q Okay. All right. Let -- let's -- let's look
`7 at your papers, if you would. On page 5 of your CV,
`8 there's a section that reads "Journal" -- well, it
`9 starts with "Publications."
`10 Do you see that?
`11 A Yes.
`12 Q And in the "Journals" section, there are
`13 listed, starting on page 5 and spanning to page 13,
`14 88 journal articles; is that right?
`15 A Right.
`16 Q And then starting on page 13, there's a
`17 section that reads "Journal" -- "Journals (other)."
`18 Do you see that?
`19 A Yes.
`20 Q What does that refer to?
`21 A These are not -- okay. Yeah. When -- when
`22 you have a special issue in a journal -- actually, I
`23 see a typo here.
`24 When you see a special issue in a journal,
`25 then there would be editors that would be writing a
`6 (Pages 18 - 21)
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`1 summary, an overview of what the special is all --
`2 special issue is all about. So the "Journal
`3 (others)" means that we wrote an opening statement
`4 about what this particular special issue is about.
`5 For instance, let's say there was a special issue
`6 for configurable computing, like jo3.
`7 So Fadi Kurdahi and I, plus others, wrote an
`8 opening remark. So this is really not
`9 peer-reviewed. That's why it's called "Journals
`10 (other)."
`11 Q I see.
`12 A All the other ones are peer-reviewed, and we
`13 really don't count these for promotions. And this
`14 is just a service to the society, IEEE society, and
`15 whoever else is in charge. We have to do that.
`16 I -- I don't know how it is in other fields,
`17 but it takes time because you have to review those
`18 selected papers and make a summary of what -- what's
`19 coming up, and so it takes time.
`20 Q Okay. So under "Journals (other)," you have
`21 six articles that are listed there; is that right?
`22 A Right.
`23 Q Okay. And after "Journals," starting on
`24 page 13 of your CV, there's book chapters; is that
`25 right?
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`Page 24
`
`1 graphics processing, right?
`2 MR. PLUTA: Object to form.
`3 THE WITNESS: I don't know.
`4 BY MR. TUMINARO:
`5 Q Well, I counted, and there's only eight of
`6 them. We could go through them if you'd like. If
`7 you look at j54.
`8 A Okay. I appreciate your due diligence on
`9 this. I -- I would be glad to verify them.
`10 Q On page 10, j54.
`11 A Okay. Okay. j54.
`12 Can I -- I just want to put a checkmark to --
`13 j54. Okay.
`14 Q Is that directed to a graphics paper?
`15 A It is.
`16 Q Okay. How about j71? Is that a graphics
`17 paper on page 11?
`18 A Yes.
`19 MR. PLUTA: Object to form.
`20 BY MR. TUMINARO:
`21 Q It is?
`22 A Yes, it is.
`23 Q Okay. How about c47, which appears on
`24 page 18 of your declaration -- I mean of your CV. I
`25 apologize.
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`Page 23
`
`1 A That's right.
`2 Q And there's five listed book -- book chapters
`3 that you've contributed?
`4 A Correct.
`5 Q Okay. Then on page 14, there's conference
`6 papers, I -- I assume; is that right? Is that what
`7 that means?
`8 A Yes.
`9 Q They're refereed?
`10 A That's right.
`11 Q Okay. And starting on page 14 and spanning
`12 all the way until -- I guess it's page 29, there's
`13 160 conference papers listed on your CV?
`14 A Yes.
`15 Q Okay. Then starting on page 29, there's
`16 another section that reads "Technical Reports,"
`17 correct?
`18 A Correct.
`19 Q Okay. And from page 29 to page 30 of your
`20 CV, there's 13 technical reports that are listed?
`21 A Yes.
`22 Q So in total, if you add up all those papers
`23 on your CV, you have 272 papers listed on your CV?
`24 A Yes.
`25 Q Okay. And only eight of them are directed to
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`Page 25
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`1 A Yes.
`2 Q c76 on page 21 of your CV, is that related to
`3 graphics?
`4 A Yes.
`5 Q All right. c81, page 21, is that related to
`6 graphics?
`7 A Yes.
`8 Q c87 on page 22, is that related to graphics?
`9 A Yes.
`10 Q c89, is that related to graphics?
`11 A Yes.
`12 Q And c95 on page 23, is that related to
`13 graphics?
`14 A Yes.
`15 Q Those are eight papers that you say are
`16 related to graphics.
`17 Are there any others that are listed on your
`18 CV?
`19 MR. PLUTA: Object to form.
`20 THE WITNESS: Yes.
`21 BY MR. TUMINARO:
`22 Q Where?
`23 A So let's start.
`24 Q If you'd --
`25 A Yes.
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`1 Q -- take a look at it and tell me if there's
`2 others.
`3 A Sure. So some of these are tangentially
`4 related. Like j7, "Finding circular shapes in an
`5 image on a pyramid architecture." Some of these
`6 techniques could be used to create a primitive, like
`7 primitives for 3D graphics because you're trying to
`8 figure out the shape. And primitives could be
`9 triangles or could be some other exotic shape. So
`10 that's -- that -- those algorithms are useful, so I
`11 would consider that as one related to that.
`12 So j12, although it says "image processing,"
`13 but the concept of a hierarchical pyramid
`14 architecture, it's very relevant to the graphics
`15 because of the way -- as -- as you may recall, we do
`16 the vertex processing, and then it goes down to the
`17 pixel processing.
`18 So this hierarchical level works for image
`19 processing and graphics. And people have looked at
`20 this hierarchical architecture. And to some extent
`21 a unified shader probably is trying to do something
`22 like that. So I would put a little bit of
`23 checkmark, at least from my point of view.
`24 So let me finish all of this, and then if you
`25 have any questions --
`
`Page 27
`
`1 Q Sure.
`2 A -- I will answer that. But I'd like to go
`3 through this.
`4 Q Okay. You want to --
`5 A It would not take much time.
`6 Q Okay. Sure. Go -- go right ahead. Please
`7 do.
`8 A So the j14, also circle detection, it goes
`9 back to primitives and identifying primitive
`10 objects, although usually people use triangles, but
`11 that helps consolidate, you know, triangles or
`12 whatever into circles. So that is -- that could be
`13 used for graphics, as well.
`14 Q Well, I'll stop you. In that paper, was it
`15 actually directed to graphics?
`16 MR. PLUTA: Object to form.
`17 THE WITNESS: It was for identifying circles.
`18 BY MR. TUMINARO:
`19 Q Okay. And you mentioned that circles could
`20 be used in graphics, but was it actually -- in that
`21 paper, were you discussing graphics processing?
`22 MR. PLUTA: Object to form.
`23 THE WITNESS: Not directly. Indirectly.
`24 BY MR. TUMINARO:
`25 Q Okay.
`
`Page 28
`1 A Again, j19 is about pyramid architectures.
`2 So that's -- let me go through this more here.
`3 So I'm down to j40, j41.
`4 So I -- let me -- before forgetting, what we
`5 did at Morpho, as you can imagine, it was a
`6 start-up. We had investors, and we had -- it was
`7 not possible to publish some of that work. So we
`8 did a lot of work on using SIMD for graphics
`9 processing, in particular, pixel processing, and
`10 they were not publishable.
`11 I just wanted to mention that to you for the
`12 record, because there is no -- any documentation on
`13 that. And that's true for many companies, by the
`14 way.
`15 Q Okay. And before you go on, I notice that
`16 some of these papers, you're listed as the first
`17 named author, and some you're -- you're the second
`18 or third or fourth or fifth named author.
`19 A Uh-huh.
`20 Q How is that determined, what order that
`21 you're an author?
`22 A So that's a very interesting point of view
`23 for faculty. All of these are our ideas or, in this
`24 case, my ideas. It's just when a student is working
`25 with me, we try to give him more credit. Some
`Page 29
`1 faculty don't follow this strategy. I do and many
`2 others do.
`3 So we put their names first and ours in the
`4 back, kind of in the middle or at the end. And if
`5 they help write some of this, they will get some
`6 credit for that, as well. We do writing, too, but
`7 it's the style of the faculty. I would say
`8 75 percent follow what I do. Some like to see their
`9 name first.
`10 Q So if you're listed as a first named
`11 inventor -- I mean, first named author, I apologize,
`12 that means you did more of the work on that paper?
`13 MR. PLUTA: Object to form.
`14 THE WITNESS: Not really, no, no, because the
`15 ideas come from us.
`16 BY MR. TUMINARO:
`17 Q Come from us, who's us?
`18 A The faculty.
`19 Q Okay.
`20 A Me in this case. We give the ideas. We
`21 provide the -- I mean, the whole idea of MorphoSys
`22 architecture was my idea. But writing the code and
`23 implementing it, some of the students helped out.
`24 Q Okay. All right. So then I'll ask, why
`25 don't you go through your -- your papers, and if you
`8 (Pages 26 - 29)
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`Page 32
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`1 find any additional ones that you think relate to
`2 graphics --
`3 A Sure. I'm almost done.
`4 Q -- you can let me know.
`5 A So again, I repeat that what happened in
`6 Morpho was not published related to graphics.
`7 c78, it's "Hardware Accelerated Voxel
`8 Carving." Voxel is a three-dimensional pixel, so it
`9 is definitely graphics. And it's published in
`10 graphics -- computer graphics symposium, so
`11 definitely that should be counted in your list,
`12 among other things that I've mentioned, c78.
`13 Q j78, you mean?
`14 A c78.
`15 Q c78.
`16 A And you can see that it says "computer
`17 graphics symposium."
`18 "Recovering 3D Metric Structure and Motion
`19 for Multiple Uncalibrated Camera;" that's also
`20 computer graphics, c83.
`21 There are a couple of papers here. We tried
`22 to improve the SIMD to have branches. And that was
`23 in preparation for applying it for graphics
`24 computation, because you want to do a conditional
`25 statement in SIMD, which we did not have before.
`
`Page 31
`1 And that's what c85 with Anido and also with
`2 c81 which you already identified.
`3 "Persepolis: Recovering History with a
`4 Handheld Camera," that is definitely graphics you're
`5 trying to identify.
`6 "Image Based Mesh Reconstruction and
`7 Rendering," that's also --
`8 Q You're saying c90?
`9 A c90, c91, "Camera Calibration Long Image
`10 Sequences," those are all related to graphics.
`11 "Automatic creation of three-dimensional
`12 avatars," that's also graphics.
`13 Again, c98, anything with avatars, you're
`14 trying to do -- carving these three-dimensional
`15 pixels, some of the details, I mean -- yes, c100,
`16 c98.
`17 So I would say there are at least twice as
`18 many as you mentioned that are directly or
`19 indirectly related.
`20 Anyway, so...
`21 Q Okay. Let's look at your litigation support
`22 experience that starts on page 2 of your --
`23 A Yeah, sure.
`24 Q -- CV, and that spans to page 5 of your CV;
`25 is that right?
`
`1 A Yes.
`2 Q Okay. So before you got involved in these
`3 cases between LG and ATI at the patent office, had
`4 you ever -- well, strike that.
`5 Before you got involved with these cases, LG
`6 versus ATI, you never worked on a graphics case; is
`7 that right?
`8 MR. PLUTA: Object to form.
`9 THE WITNESS: No, that's not correct.
`10 BY MR. TUMINARO:
`11 Q That's not correct.
`12 Which one of the cases listed on your CV
`13 relates to graphics?
`14 A Fish and Richardson, RIM ITC versus GPH.
`15 There's also one more, but it's just -- the
`16 Milberg -- 2011, Milberg, Class versus NVIDIA.
`17 Q Any others?
`18 A I just looked at it quickly. And that's
`19 about it, I think, for now.
`20 Q Okay. When you were at Morpho Technologies,
`21 I think you said eventually you added more graphics
`22 capabilities to the MorphoSys?
`23 A It -- it had the capability. We just tried
`24 different applications on it to just be able to do
`25 pixel processing and so on. You kind of -- you can
`
`Page 33
`1 see that a graphics computation is really an array,
`2 to the array. And the MorphoSys was perfectly
`3 designed for that purpose.
`4 Q Switching gears, I'd like to look at your
`5 declaration, Exhibit 1.
`6 A Okay.
`7 Q Starting on page 11 of that declaration,
`8 there is a large heading number III, "Technology
`9 Background."
`10 A Yes.
`11 Q Okay. In this technology background, it
`12 spans all the way to page -- the bottom of page 16;
`13 is that right?
`14 A Yes.
`15 Q Oh, actually, there's one word at the top of
`16 page 17, "processing"; is that right?
`17 A Yes.
`18 Q Okay. In this entire section about the
`19 technology background, there's not a single
`20 citation; is that right?
`21 MR. PLUTA: Object to form.
`22 THE WITNESS: I can check.
`23 I don't see one, yes.
`24 BY MR. TUMINARO:
`25 Q Where did the information for this section
`9 (Pages 30 - 33)
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`1 come from?
`2 A My know