`
`1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`MAXELL, LTD. )
`
` DOCKET NO. 5:16cv179
`-vs- )
` Texarkana, Texas
` ) 12:48 p.m.
`ZTE USA, INC. June 19, 2018
`
` TRANSCRIPT OF TRIAL
` AFTERNOON SESSION
` BEFORE THE HONORABLE ROBERT W. SCHROEDER III,
` UNITED STATES DISTRICT JUDGE,
`AND A JURY
`
`A P P E A R A N C E S
`
`
`FOR THE PLAINTIFF:
`
`MR. JAMIE B. BEABER
`MAYER BROWN LLP
`1999 K Street, NW
`Washington, DC 20006
`
`MR. GEOFFREY P. CULBERTSON
`PATTON TIDWELL & CULBERTSON, LLP
`2800 Texas Blvd.
`Texarkana, TX 75503
`
`COURT REPORTER: MS. CHRISTINA L. BICKHAM, RMR, CRR
` FEDERAL OFFICIAL COURT REPORTER
` 300 Willow, Ste. 221
` Beaumont, TX 77701
`
`
`Proceedings taken by Machine Stenotype; transcript was
`produced by a Computer.
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`Case 5:16-cv-00179-RWS Document 232 Filed 07/02/18 Page 2 of 140 PageID #: 12701
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`FOR THE PLAINTIFF:
`
`MR. ALAN GRIMALDI
`MR. KFIR B. LEVY
`MR. JAMES A. FUSSELL III
`MR. BRYAN C. NESE
`MR. WILLIAM J. BARROW
`MS. TIFFANY MILLER
`MR. BALDINE B. PAUL
`MR. SAQIB J. SIDDIQUI
`MR. CLARK S. BAKEWELL
`MAYER BROWN LLP
`1999 K. Street, NW
`Washington, DC 20006
`
`FOR THE DEFENDANT:
`
`MR. ERIC H. FINDLAY
`FINDLAY CRAFT PC
`102 N. College Ave., Ste. 900
`Tyler, Texas 75702
`
`MS. CALLIE A. BJURSTROM
`MR. HOWARD N. WISNIA
`MS. NICOLE S. CUNNINGHAM
`MR. SARA J. O'CONNELL
`PILLSBURY WINTHROP SHAW PITTMAN LLP
`501 W. Broadway, Ste. 1100
`San Diego, CA 92101-3575
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`Case 5:16-cv-00179-RWS Document 232 Filed 07/02/18 Page 3 of 140 PageID #: 12702
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`P R O C E E D I N G S
`(Jury out.)
`COURT SECURITY OFFICER: All rise.
`THE COURT: Anything we need to address before we
`have the jury brought in?
`MR. CULBERTSON: I do have a quick question, Your
`Honor. I thought I clarified it beforehand, but I've come up
`with further questions.
`We have our exhibit list, which indicates those
`exhibits to which there are and are not objections. Would
`you like us to just tender that list to the Court, or would
`you like me to read into the record the exhibits to which
`there are not objections?
`THE COURT: I would -- are there a significant
`number of those?
`MR. CULBERTSON: There's a number of exhibits that
`we have agreed upon, is the good news, that we'll be asking
`for admission, you know, for -- without objection. I can run
`through a list in groups if that's helpful, or we can just
`provide the list to the Court.
`THE COURT: You're welcome to provide the list to
`the Court, but I only want the list to include the ones to
`which there are no objections.
`MR. CULBERTSON: Okay.
`THE COURT: So could we -- perhaps redo the list?
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`MR. CULBERTSON: I think, actually, we do have that
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`list.
`
`THE COURT: Okay.
`MR. CULBERTSON: So we'll tender that to the Court.
`THE COURT: That'll be fine.
`MR. CULBERTSON: Thank you much.
`THE COURT: Anything from the Defense?
`All right. Let's have the jury brought in.
`MR. WISNIA: I would just say to save some time --
`THE COURT: Hold on, Mr. Wisnia. Just a minute,
`Mr. Wisnia.
`MR. WISNIA: I apologize.
`THE COURT: Is there anything further we need to
`
`address?
`
`MR. WISNIA: I'm just going to offer the --
`THE COURT: To the podium, please.
`MR. WISNIA: Costing time instead of saving time.
`To -- to save time, if they want to use whatever
`exhibits that they represent have been unobjected to today, I
`don't -- I won't, you know, object to them just using them
`without moving them in one by one with the witness.
`THE COURT: I understand. Thank you.
`Let's have the jury brought in.
`COURT SECURITY OFFICER: All rise for the jury.
`(Jury in.)
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`THE COURT: Please be seated.
`Okay. Ladies and gentlemen of the jury, you've
`heard the opening statements of the parties. Let me ask the
`Plaintiff's counsel if they wish to move into evidence any
`exhibits at this time.
`MR. CULBERTSON: Thank you, your Honor. Geoff
`Culbertson.
`At this time we would like to move into evidence
`those of Plaintiff's exhibits to which the Defendants have no
`objection, and I have a list of those exhibits that I can
`tender to the Court with your permission.
`THE COURT: Very well.
`MR. CULBERTSON: We'd move for their admission.
`THE COURT: All right. And those are not objected
`to; is that correct, Mr. Wisnia?
`MR. WISNIA: Yes, your Honor.
`THE COURT: All right. Very well. Those will be
`admitted into evidence.
`Does either party wish to invoke the Rule?
`MR. FINDLAY: Yes, Your Honor.
`THE COURT: Okay.
`MR. FINDLAY: We would like the Rule invoked.
`THE COURT: All right. Very well.
`The -- the -- to the ladies and gentlemen in the
`gallery, the Rule has been invoked. So to the extent there
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`are any persons who will be called to testify as a fact
`witness in this trial, you will need to excuse yourself from
`the courtroom and remain outside of the presence and the
`hearing of the proceedings here in court.
`Obviously, the exceptions to this Rule include any
`expert witnesses, any persons associated with the trial of
`the case, and corporate -- the corporate representative of
`the parties as well.
`But, otherwise, in terms of fact witnesses, during
`the course of the trial don't discuss the case among
`yourselves, and don't discuss the case with anyone else with
`the exception of your attorneys because the Rule has been
`invoked.
`
`So to the extent that applies to anyone who is
`present now, I'll have to ask that you retire from the
`courtroom at this time.
`And if there's nothing further, the Plaintiffs may
`call their first witness.
`MR. BEABER: Thank you, Your Honor.
`Maxell calls as its first witness Dr. Michael
`Caloyannides, expert on the '317 and '193 patents.
`MICHAEL CALOYANNIDES, PH.D., PLAINTIFF'S WITNESS, SWORN
`DIRECT EXAMINATION
`
`BY MR. BEABER:
`Q.
`Good afternoon, sir.
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`Case 5:16-cv-00179-RWS Document 232 Filed 07/02/18 Page 7 of 140 PageID #: 12706
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`Good afternoon.
`A.
`Can you please state your name for the record?
`Q.
`My name is Michael Caloyannides.
`A.
`And where do you live, Doctor?
`Q.
`I live in a suburb of Washington, DC, Herndon, Virginia.
`A.
`And what do you do for a living?
`Q.
`Faculty of Johns Hopkins University, adjunct faculty
`A.
`where I've been teaching classes in telecommunications and
`computer science for the last 10, 15 years.
`Prior to that, I was teaching, almost until now,
`similarly for George Washington University in the
`Washington, DC area.
`I also consult for patent attorneys in technologies
`that are within my area of expertise. And also continue to
`consult for the government, both intelligence community and
`the -- and NASA.
`Q.
`Thank you, sir.
`Did you prepare anything today to assist you with
`explaining your testimony to the jury?
`A.
`Yes, I have.
`Q.
`And is that PDX26 that appears here on the screen?
`A.
`Yes.
`Q.
`Thank you.
`Now, I want to talk about your background a little
`
`bit.
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`Case 5:16-cv-00179-RWS Document 232 Filed 07/02/18 Page 8 of 140 PageID #: 12707
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`Can we start with your educational credentials,
`
`please?
`A.
`Yes. All my degrees are from Caltech, also known as
`California Institute of Technology. Excuse me.
`The first one is a bachelor's with high honors in
`
`science.
`
`Second on those is a master's in electrical
`engineering.
`And the next one Ph.D.s in electrical engineering,
`applied mathematics, and philosophy, all from Caltech.
`Q.
`Thank you.
`Can we move on to your work experience? What kind
`of jobs have you had over the years?
`A.
`My first job for about 13 years or so was as chief
`scientist for Rockwell International's space division.
`That's the division that had to do with satellites of all
`sorts, including GPS satellites.
`And I was fortunate to have been one of the key
`people that designed the GPS constellation before any
`satellites were launched.
`Q.
`And the GPS constellation, was that one of the first
`satellites for GPS?
`A.
`Was one of the first?
`Q.
`Yes.
`A.
`Well, like I said, I was involved with design before any
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`Case 5:16-cv-00179-RWS Document 232 Filed 07/02/18 Page 9 of 140 PageID #: 12708
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`were launched. And then I was involved in the -- in the
`launching of satellites that were also done by Rockwell
`International.
`Q.
`Great. Sorry for interrupting.
`A.
`A number of other efforts at Rockwell International,
`most of them support for the Department of Defense, and a few
`of them for the civilian sector, all centering around
`telecommunications and GPS navigation.
`After that, I was asked to join the Central
`Intelligence Agency, CIA in short, where I worked as chief
`scientist for the office of research and development from
`1984 through 1998. Most of the work was classified in terms
`of who it was developed for and when it was deployed and
`against whom, but the technology itself, it's basic physics,
`and you cannot classify physics.
`Basically, in broad terms, I developed analog and
`digital telecommunications systems, radar systems, special
`radar systems, radio navigation systems, direction finding
`systems, covert communication systems, means for signaling
`reception, spoofing, uninterceptable communication systems,
`encryption. Essentially all of this stuff you see in the
`movies about, you know, gadgets that spies use.
`Q.
`So you're like Q from James Bond, huh?
`A.
`Well, I actually met the person who is with MI6, the
`British equivalent of CIA. And although we are of comparable
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`age, we have different personalities.
`Q.
`You look similar.
`THE COURT: Dr. Caloyannides, can I ask you to move
`the microphone a little bit closer to you?
`THE WITNESS: Of course.
`THE COURT: The chair won't move, so you -- there
`
`you go.
`
`THE WITNESS: Thank you.
`THE COURT: Thank you. That will help.
`THE WITNESS: Thank you.
`(By Mr. Beaber) I think -- I interrupted you when you
`Q.
`were in the middle of talking about your experience at the
`CIA. My apologies.
`A.
`A lot of the work at CIA, and as you can imagine,
`involves communications because, as you can appreciate, CIA
`needs to communicate with its agents, agents with their
`contacts, and so on and so forth.
`And all of this is to be done in a way that nobody
`is any the wiser that any communication is taking place. It
`is not a matter of encrypting. If you are caught with
`something that is bad enough, heads roll.
`You have to communicate in a manner which is very
`unique, for which there are no textbooks where you -- nobody
`knows that anything is happening in the first place. Enough
`said.
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`Case 5:16-cv-00179-RWS Document 232 Filed 07/02/18 Page 11 of 140 PageID #: 12710
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`Then work -- I returned to work for Boeing
`International as a systems integrator. And in particular, in
`Boeing had a scheme, which is frankly a little bit of a
`hair-brained scheme. They wanted to compete with a couple of
`other companies that were developing satellite communication
`systems, essentially called it satellite cellular to whip out
`a phone from your belt and essentially talk through a
`satellite.
`Now you can go to the store today and buy systems
`like that, about a thousand dollars, and then use them --
`Rockwell wanted to build -- or Boeing then -- wanted to build
`yet one more in a peculiar orbit.
`I talked them out of it because I thought it made
`absolutely no sense to compete who thought who was not doing
`very well financially in the first place.
`And, lastly, I decided to switch gears, and I went
`to work for a small company in Washington, Ideal Innovations.
`And that company was formed by a number of colonels from the
`Army during -- or actually after the first Gulf War.
`And one of the things that -- those of you who may
`remember -- was the very nature that many U.S. people were
`being killed in Iraq from improvised explosive device, IEDs,
`improvised explosive devices that are about the size of this
`(indicating) and pack a massive amount of punch.
`I'd say about a fair amount of -- half of C4
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`explosives. And then in front of that there is a copper
`cone. And when the thing goes kaboom, then the copper cone
`melts and gets ejected as a stream of melted copper which
`penetrates about 12 inches of steel. So it's a formidable
`weapon.
`
`So I developed techniques to both detect those
`devices so the U.S. servicemen will not go anywhere close to
`them. And also to prevent those things from penetrating
`through tanks, by building some special armoring on the
`tanks. So it was heart-warming to me to have saved a few
`lives there.
`Q.
`Thank you, Doctor. It sounds like a meaningful career
`so far.
`A.
`Thank you.
`Q.
`Can I ask you if you've had the opportunity to publish
`anything during your career?
`A.
`Yes, but not within CIA. Publishing is a dirty word
`with CIA. You don't publish. Because the concern is you may
`inadvertently disclose to an adversary that monitors what
`you're doing what the CIA is pursuing.
`So because of that, even if you're going to publish
`a book on planting tomatoes, you have to submit it for
`approval to the publications review board, which goes through
`it with a toothcomb.
`Regardless, I applied and got permission to publish
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`a couple of books on computer security.
`In those days people thought personal computers are
`personal. Well, I tried to show people that personal
`computers are not personal except who pay the bill. Anything
`you type on a computer essentially is discoverable, like
`forensics techniques, hackers remotely. So if you want
`something to be personal, don't type it in a computer.
`So I put a whole bunch of techniques in a couple of
`books, and I published them, and that was a fairly successful
`book in terms of the number of sales.
`Q.
`Thank you.
`Moving on to this case now, Doctor, what's your
`role in this case?
`A.
`Well, I was asked to perform two functions. One is to
`provide an opinion as to whether the '317 patent by Maxell is
`or is not infringed by the ZTE products, and independently to
`offer a similar opinion about the '193 patent on a totally
`different topic, and in addition to offer an opinion as to
`whether the '193 patent can pass muster in the sense of is it
`valid to begin with.
`Q.
`Can I ask you to open your binder and take a look at
`PX5, please?
`A.
`Yes.
`Q.
`Can you tell the jury what that document is?
`A.
`This is the -- what we refer to as the '317 patent.
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`Q.
`
`Great.
`Can I also have you take a look at PX4 in your
`
`binder?
`A.
`Yes. That is the '193 patent.
`Q.
`Thank you.
`And these are the two patents that you were asked
`to give expert opinions about in this case?
`A.
`That is correct.
`Q.
`Great.
`Let's talk about the '317 patent for a moment. Can
`you give the jury maybe a quick overview, a sentence or two,
`on the subject matter that's claimed on the '317 patent,
`please?
`A.
`This patent, which was published in the early 1990s, is
`not obsolete, by the way; it's very much in use -- is a
`patent which teaches how to come up with a device which is
`portable, such as something like this (indicating), as
`opposed to transportable, which allows one to navigate while
`walking around town and to know where one is, where one is
`going to, entering data, seeing a screen full of stuff and so
`on.
`Q.
`
`Great. Thank you.
`Now, can you please describe whether you consider
`yourself to be an expert in this field, the field related to
`the '317 patent?
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`Yes, I do. At the risk of sounding arrogant, I do. I
`A.
`worked on Reagan navigation systems both while working for
`the government at CIA and elsewhere.
`And also, since I was involved in the design of the
`constellation of the GPS satellites before any of them were
`even launched in the launching, I also followed their
`evolution, and they have evolved quite a bit over the years.
`So I know all the ins and outs of GPS satellites.
`By the way, GPS sales have evolved quite a bit over
`the years. They do a heck of a lot more than just simply
`transmit a signal that allows people to orient themselves on
`the ground.
`Also maintain oversight of an effort which was done
`for the Department of Defense. After the first Gulf War, the
`Army realized it had no idea where anything is literally.
`They didn't know where their vehicles are, where their
`airplanes are, where their ships were, and certainly they did
`not know what's inside each one of them.
`So we designed a system whereby Department of
`Defense in Washington would know right away where every
`single thing is using GPS satellites; and, furthermore,
`what's inside each of those vehicles. Like, you know, this
`one has 17 rounds of this or has so many rations for the --
`for the troops and so on.
`So that was a fairly extensive project, and there
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`has been field -- has been used to this date.
`And, lastly, my education from Caltech, which
`earlier I talked about I got Ph.D.s there, it was something
`very helpful in terms of allowing me to assess things in
`perspective and rationally.
`Q.
`Great. Thank you.
`Can we move on and do the same with respect to the
`'193 patent? Can you give a one- or two-sentence summary of
`what the subject matter is that is claimed by the '193
`patent?
`A.
`This patent, the title may sound boring. It's not. It
`talks about efficient transmission power control. A cell
`phone -- you would never buy a cell phone if you knew it was
`going to last for two hours and needed to be recharged.
`Nobody would buy that.
`At the same time, you would not buy a phone if you
`could not communicate with the tower. So you have to
`transmit enough power to reach the tower, and at the same
`time, not too much so that the battery gets drained. That's
`what this patent is all about, how to find the sweet spot to
`where you actually use the right amount of power at any
`distance at any time.
`Q.
`Great. Thank you.
`Can you please describe whether you consider
`yourself to be an expert in the subject matter of the '193
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`patent?
`A.
`Yes, I do, actually. That goes back when I was 14 years
`old, and that was 60 years ago.
`Q.
`I really liked the mustache in that picture, by the way.
`A.
`I was very proud of it at the time.
`What I'm trying to say, I've been building stuff
`from scratch ever since I was a kid. All my work, after
`going to school and subsequently, has been in the field of
`wireless communications, radios of all sorts. Transmission
`control systems is a main part of that.
`And, again, a Ph.D. from Caltech enabled me to
`appreciate all the background and the basic physics behind
`that, and my thesis was actually related on theoretical
`aspects of transmission and receiver performance.
`Q.
`Great. Thank you.
`MR. BEABER: Your Honor, I'd like to proffer
`Dr. Caloyannides as an expert on walking navigation and
`transmission power in cellular communications.
`THE COURT: Any objection?
`MR. WISNIA: No objection, Your Honor.
`THE COURT: Very well.
`(By Mr. Beaber) Moving on, Doctor, when did you first
`Q.
`start working in this case?
`A.
`I started working on this case approximately -- about a
`year ago, in the July-August timeframe of 2017.
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`Case 5:16-cv-00179-RWS Document 232 Filed 07/02/18 Page 18 of 140 PageID #: 12717
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`And what materials, if any, did you review to ultimately
`Q.
`come to your opinions with respect to the patents in this
`case?
`A.
`I reviewed lots and lots of material. In addition to
`reading the patents many times over -- and I mean many times
`over -- I also reviewed technical documents authored by ZTE
`themselves, ZTE's own technical specs, the source code -- you
`can say, who cares about code?
`This thing, a phone, has about 9 million lines of
`code. Million. It doesn't do much of anything without the
`code. Everything today is done digitally. It's basically a
`computer masquerading as a cell phone.
`I reviewed ZTE's schematics. That's what connects
`to where. I reviewed the testimony of ZTE's engineers that
`worked on these patents, who used these patents, tested the
`ZTE phones themselves myself, availed myself of publicly
`available information from ZTE through the website and
`elsewhere, and also technical documents that were authored by
`suppliers of products that go into the ZTE cell phones.
`And then, again, I relied on the better part of 60 years of
`experience in that field.
`Q.
`Great. Thank you.
`And about how much time did you spend reviewing all
`of these documents and materials?
`A.
`Oh, about 150 hours, between 100 and 200 hours
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`Case 5:16-cv-00179-RWS Document 232 Filed 07/02/18 Page 19 of 140 PageID #: 12718
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`approximately.
`Q.
`Great.
`Now I'd like to move on to a summary of your
`opinions based on the review of the materials you just walked
`through.
`
`What opinions, if any, did you form about whether
`ZTE's products infringe Maxell's '317 patent?
`A.
`After reviewing all these documents and assessing them
`in perspective, I concluded that the ZTE products do, in
`fact, infringe claims 1 through 3 of the '317 patent.
`Also, they infringe claim 1 of the '193 patent.
`And, lastly, independently, I assessed that the
`'193 patent is perfectly valid.
`Q.
`Thank you, sir.
`I'd like to move on -- I think the jury this
`morning heard a little bit about claim construction. Now,
`what's your understanding, Doctor, with respect to claim
`construction? What does -- what does this mean? Can you
`explain it to the jury?
`A.
`What this means, if you -- technology has a whole bunch
`of terms which are not commonly understood by people who
`don't practice technology on a daily basis. Because of that,
`when one reads a technical term or expression, one may
`sometimes not know what is it talking about.
`If the term is not in common use, then one looks in
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`Case 5:16-cv-00179-RWS Document 232 Filed 07/02/18 Page 20 of 140 PageID #: 12719
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`the patent to see what does the patent claim that this term
`means in this context of this patent.
`And then if it's still not very clear, then the
`Court is asked to render an opinion as to what should this
`term be understood henceforth in the context of this patent
`to mean.
`
`And once that's been done, then that becomes the
`rule, and that's what everybody uses when interpreting those
`terms. There was a number of those terms. You see some of
`them are plain and ordinary meaning. Some of them have a
`slight explanation as to what it means and so on.
`Q.
`And to be clear, I think you were referring, for the
`record, to Slides 14 and 15 in your presentation?
`A.
`That is correct.
`Q.
`Okay. Great. Thank you.
`And how, if at all, did you use these claim
`constructions in your expert opinion in this case?
`A.
`Well, in all cases where there was even the slightest
`doubt as to what a term means in the context of this patent,
`I used the Court's claim construction.
`Q.
`Great. Thank you.
`Now I'd like to move on to the patents, starting
`with your opinions on the '317 patent.
`A.
`Right.
`Q.
`What's the title of the '317 patent?
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`Case 5:16-cv-00179-RWS Document 232 Filed 07/02/18 Page 21 of 140 PageID #: 12720
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`The title is portable terminal with the function of
`A.
`walking navigation.
`Q.
`What's a portable terminal to you?
`A.
`Well, a portable terminal includes anything. It
`includes a cell phone, includes non-cell phones, anything
`which is portable, and this is a portable terminal.
`And the function of walking navigation might take a
`little bit of explaining in the sense that it is what it
`says: To navigate while walking, obviously. And people
`might say, what's the big deal about that?
`Well, you have to place yourself in the timeframe
`of the patent, mid-1999. Unlike today, there were no devices
`to help you navigate from Point A to Point B. People used
`maps. It's awkward to walk in the street having a big map,
`trying to find your way. Easier to ask somebody.
`If you're a little hip, you would get MapQuest
`maps, and the MapQuest maps was, turn left here, turn right
`there ahead of time. But as you were following the
`directions, the map would not change, of course, because it
`was printed, and that was that.
`So my understanding is that this patent really
`solved the problem of facilitating what it says, walking
`navigation without the constraints that this imposes, the
`device to be portable.
`Nobody wants to be carrying a laptop while walking.
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`Case 5:16-cv-00179-RWS Document 232 Filed 07/02/18 Page 22 of 140 PageID #: 12721
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`Nobody wants to be carrying a map while walking. One wants
`to be able to see where one is with respect to the ambient
`map now, not five minutes ago.
`One wants to have a display change as one walks.
`Sometimes people like to see the map this way or wants to see
`the map that way, so the map should also change along the
`way, so -- and the battery, by the way, should last enough.
`That's not an insignificant issue. Cell phones are
`sold on the basis of talk time. If it doesn't have a long
`talk time, people will not buy it, and the company will go
`bankrupt.
`The seller or companies were not too happy when
`navigation came to town because it was using battery power,
`and that's not good for selling phones. But today people
`expect the phone to have walking navigation or the portable
`device in general, and they also expect the battery to last
`for a long time.
`Q.
`Thank you.
`When did the inventors come up with this invention?
`1999, almost 20 years ago.
`Great.
`Were you here for the openings, sir?
`Yes, I was.
`A.
`Do you believe that this patent only relates to older
`Q.
`devices?
`
`A.
`Q.
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`Case 5:16-cv-00179-RWS Document 232 Filed 07/02/18 Page 23 of 140 PageID #: 12722
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`Oh, no, no, no, no, no. No. It relates to any device.
`A.
`There is no statement in the patent that this pertains to
`device after a certain length of -- certain year and somehow
`expires after that. It is good forever, as far as the
`subject matter that it covers.
`It was useful. It's very useful today, obviously,
`because everybody uses walking navigation today, and it was
`useful then. In fact, it is more useful today than it was
`then because what it was then, people did not walk with their
`cell phone. They didn't want navigation because there was
`none. Today people do it all the time.
`Q.
`So I think you covered a little bit of this, but to be
`clear, what, in your opinion, was the motivations behind the
`inventors of the '317 patent?
`A.
`The motivation was basically to solve a few problems
`that were apparent to those that wanted to do walking
`navigation. People wanted to have maps as they walk, whether
`it's for sightseeing, for business trips, or whatever.
`And they realized that even the GPS devices that
`one has in the car, the Garmin or whatever it was, whoever
`makes them, they're not particularly amenable for that
`because to use one of those devices -- it's a clutsy thing,
`for one thing; you have to carry a battery in the other hand.
`That's not amenable for walking navigation.
`Furthermore, it doesn't do things you want it to
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`Case 5:16-cv-00179-RWS Document 232 Filed 07/02/18 Page 24 of 140 PageID #: 12723
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`do. Like if you change the orientation of the GPS device
`from there to there, well, then you have to turn your head,
`too; otherwise, the device is not going to change.
`So there was a lot of functions there that were not
`in existence at the time that were required in the case of a
`walking navigation device. And the patent went about the
`process of essentially finding a solution -- a combination of
`solutions, all of them working together that would make it
`possible for one to have what we all enjoy today.
`Q.
`So did the inventors just take a map and put it on a
`phone?
`A.
`Oh, no, no, no. Far from that. That would not have
`been enough.
`First of all, the set has to be something portable.
`That's what claim 1 says, not transportable. Portable,
`meaning much lighter.
`It has to give the location information, where am I
`now, what's around me, where is, you know, First Street or
`Main Street or Whatever Street.
`One has to find direction information, essentially,
`where am I going.
`And I have to have data entry. You enter where you
`want to go. I want to go to, I don't know, the hospital,
`okay. You enter that in some way into the phone or portable
`device.
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`Has to have a display saying, hey, there you are.
`The display has to change. As you move around, it has to
`change in order to say, look, you're going from there to
`there, but as you're moving now, keep in mind that now you're
`on this street and not on this street, and these are the
`streets close to you right now.
`And the display has to change continuously as you
`do that and then while you are walking. If it doesn't do all
`of the above, then it doesn't pass the test.
`Q.
`Thank you.
`Are there any figures in the '317 patent that might
`assist you in this explanation with the jury?
`A.
`Yeah. Yeah, of course. If you look at this one from
`the '317 patent, it highlights that the device shows your
`present location. That's with the orange rectangle. And
`then also shows the route from where you're going to where
`you want to go.
`And then as you move around, it shows also the
`destination. It also allows you to see that there were these
`change -- I'm sorry -- the depiction is changing, and now
`you're concerned you have a right turn to do, whereas as
`before you had the left turn to do and so on.
`So this shows in a kind of sketch form what this is
`all about.
`Q.
`Great. Thank you.
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`Case 5:16-cv-00179-RWS Document 232 Filed 07/02/18 Page 26 of 140 PageID #: 12725
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`Let's move on to the ZTE products for a moment.
`Whic