`
`1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`MAXELL, LTD. )
`
` DOCKET NO. 5:16cv179
`-vs- )
` Texarkana, Texas
` ) 8:32 a.m.
`ZTE USA, INC. June 28, 2018
`
` TRANSCRIPT OF TRIAL
` MORNING 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 245 Filed 07/02/18 Page 2 of 16 PageID #: 13757
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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 245 Filed 07/02/18 Page 3 of 16 PageID #: 13758
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`P R O C E E D I N G S
`(Jury out.)
`THE COURT: Good morning.
`Anything we need to address before we have the jury
`brought down?
`MR. WISNIA: Not for Defendants.
`MR. BEABER: Nothing for Plaintiffs.
`THE COURT: Very well.
`Ms. Cary.
`Mr. -- Dr. Ding.
`(Attorneys confer.)
`MR. WISNIA: Your Honor, when we start, we're going
`to -- we're going to need to go on the sealed record right
`away.
`
`THE COURT: I'll make that clear.
`MR. WISNIA: Okay.
`(Jury in.)
`THE COURT: Please be seated.
`Good morning, ladies and gentlemen of the jury.
`Welcome back. Thanks for being here extra early
`today so we could get a head start.
`Let me tell you what I expect to happen today. The
`parties are moving expeditiously to getting all of the
`testimony completed, we hope by the end of the day today.
`There's always some fluid to trials, and you -- you
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`Case 5:16-cv-00179-RWS Document 245 Filed 07/02/18 Page 4 of 16 PageID #: 13759
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`never can predict positively for sure, but that's our hope
`and expectation.
`If it turns out to be the case, that would leave us
`with instructions first thing in the morning and then closing
`arguments from the attorneys. And then following that, you
`would begin your deliberations. So that's what we expect for
`the day.
`
`When we concluded the day yesterday, Mr. Wisnia had
`just begun a few minutes of his cross-examination of -- or
`his -- the direct -- I'm sorry -- of the witness.
`You may continued -- oh, and I'm sorry, let me note
`that we had unsealed the record at the end of the day, and
`we'll reopen it -- we had -- I'm sorry -- sealed the
`courtroom at the end of the day yesterday, and then unsealed
`it, and we'll reseal it at this time.
`(Courtroom sealed.)
`(This portion of the transcript is sealed and filed
`under separate cover as Sealed Portion No. 27.)
`(Courtroom unsealed.)
`(Witness sworn.)
`THE COURT: And, Mr. Stephens, let me suggest,
`let's get, perhaps, the background material, you know, on the
`record, and then we'll need to break for lunch at some point.
`So use your judgment about that. But when you
`think you're through your background material, maybe that
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`Case 5:16-cv-00179-RWS Document 245 Filed 07/02/18 Page 5 of 16 PageID #: 13760
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`will be a good stopping place.
`MR. STEPHENS: Of course, Your Honor.
`Can we get the slides, please?
`BARMOOK MANSOORIAN, PH.D., DEFENDANT'S WITNESS, SWORN
`DIRECT EXAMINATION
`
`BY MR. STEPHENS:
`Q.
`Good morning, Dr. Mansoorian.
`A.
`Good morning, Mr. Stephens.
`Q.
`Thank you for being here.
`A.
`Thank you.
`Q.
`Dr. Mansoorian, have you been retained in this matter?
`A.
`Yes, I have.
`Q.
`And by whom is that?
`A.
`I've been retained by ZTE USA.
`Q.
`And what is it you've been retained to do?
`A.
`I've been retained to make a technical analysis of the
`patent claims and the phones in this suit and to make an
`opinion of whether the patents are infringed.
`Q.
`And are you being compensated for your time in this
`matter?
`A.
`Yes, I am.
`Q.
`And how much is that, sir?
`A.
`It's $375 an hour.
`Q.
`And has that fact that you're being compensated for your
`time impacted your analysis or your conclusions that you've
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`Case 5:16-cv-00179-RWS Document 245 Filed 07/02/18 Page 6 of 16 PageID #: 13761
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`reached in any way?
`A.
`It has not, no.
`Q.
`And have you had an opportunity to review the testimony
`of the Plaintiff's expert on these patents, Dr. Vijay
`Madisetti's, testimony?
`A.
`Yes. I've reviewed Dr. Madisetti's testimony in detail.
`Q.
`And do you agree with his opinions, sir?
`A.
`I do not, no.
`Q.
`And what ZTE phones have you analyzed for purposes of
`your infringement analysis?
`A.
`Yeah. I analyzed the Axon 7 and the Max Duo LTE, which
`are -- I believe are the representative phones for the
`camera.
`Q.
`Thank you, sir.
`And have you formed any opinions as to whether the
`ZTE Max Duo LTE phone contains each and every one of the
`limitations of the Plaintiff's asserted claims in this?
`A.
`Yes. I've formed an opinion, and it does not.
`Q.
`And have you formed any opinion as to whether the ZTE
`Axon 7 contains each and every one of the limitations of the
`Plaintiff's asserted claims on these cameral patents?
`A.
`I have formed an opinion on the Axon 7 as well, and it
`does not.
`Q.
`Dr. Mansoorian, have you helped us by preparing slides
`today in your presentation?
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`Case 5:16-cv-00179-RWS Document 245 Filed 07/02/18 Page 7 of 16 PageID #: 13762
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`A.
`Q.
`A.
`Q.
`A.
`
`Thank you. Yes.
`And is this a summary of your opinions today?
`It is, yes.
`Let's dive into your educational background, sir.
`Okay.
`MR. STEPHENS: Go to the next slide.
`(By Mr. Stephens) Could you please tell us a little bit
`Q.
`about your college studies and higher level education?
`A.
`Sure.
`I actually did all of my university degrees at the
`University of California San Diego. I guess once you get to
`San Diego, it's hard to leave.
`So I got my bachelor in science and electrical
`engineering in '88, master's in electrical engineering in
`1990, and Ph.D. in applied physics from the electrical
`engineering department in 1994.
`Q.
`And throughout the course of your Ph.D., did you touch
`on any issue concerning imaging or digital cameras?
`A.
`Yeah. Actually, I worked on optical image processing,
`and I worked on a very now primitive type of device that
`combined a light sensitive element and a display element. It
`was called the spatial light modulator, and they used it for
`optical processing, image processing, optical memories,
`things like that.
`Q.
`And after receiving your Ph.D., did you go directly into
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`Case 5:16-cv-00179-RWS Document 245 Filed 07/02/18 Page 8 of 16 PageID #: 13763
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`industry?
`A.
`Yes. I've spent all of my career in the industry, and I
`started with my job at the NASA's Jet Propulsion Lab.
`Q.
`And what is it that you did with NASA?
`A.
`So just to give you a little background on what the Jet
`Propulsion Lab does, is the Jet Propulsion Lab is responsible
`for all of NASA's unmanned missions.
`So, as long as there's not an astronaut with the
`mission, it's managed and designed with JPL. And JPL, short
`for Jet Proposition Lab, is managed by California Technology,
`so Caltech.
`And what I went there to do was -- it was -- a new
`technology was being developed at that time in JPL, and it
`was named the CMOS image sensor technology. That's a
`technology that's now in every one of the cell phone cameras
`we use and is really the prevalent image sensor technology.
`But back at that time, it had just been invented.
`I think it was invented in 1992. And I was joining the group
`that had invented the technology and working on very basic
`research to bring that product for space applications, the
`design.
`Q.
`And that must have been exciting, Dr. Mansoorian.
`And that term "CMOS" is going to come up throughout
`your testimony. Would you please give the jury an idea of
`what it is that you mean by it, and why it's important?
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`Case 5:16-cv-00179-RWS Document 245 Filed 07/02/18 Page 9 of 16 PageID #: 13764
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`Sure. So we use CMOS in the context of CMOS image
`A.
`sensor technology. It refers to a manufacturing method. So
`this is the same manufacturing method used for chips that you
`use, processors that you use in your computers, cell phones,
`et cetera.
`And comparing to the incumbent technology in the
`mid-'90s, this was quite a revolutionary idea because the
`incumbent technology of that time was CCDs or the
`charge-coupled device.
`And that device, which was an image sensor, needed
`to be manufactured in specialized factories, and it also had
`a lot of power consumption.
`So for a place like NASA, this was -- created a lot
`of problems, as you can imagine, space probes, satellites.
`Power consumption is at a premium because they have to work
`over many, many years. So we were working hard to reduce the
`power consumption.
`And also, a lot of the CCD manufacturing by the
`mid-'90s had moved to Japan, and NASA no longer had control
`over specifying the performance of these parts. So it was
`attractive to come up with a new technology to solve both of
`those problems. And that's the CMOS image sensor technology.
`Q.
`And I believe you prepared another slide on this as
`well. What are we looking at here, Dr. Mansoorian?
`A.
`Yes. So this is going back down memory lane for me.
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`Case 5:16-cv-00179-RWS Document 245 Filed 07/02/18 Page 10 of 16 PageID #: 13765
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`It's the group I joined at JPL. This group received the NASA
`group achievement award for inventing the CMOS image sensor
`technology.
`The gentleman up front in the suit is -- is
`Dr. Eric Fossum, who's acknowledged as the father of that
`technology. And he's holding a very small chip pointing to
`it.
`
`It's the -- it's the first CMOS image sensor
`
`sensor.
`
`And so the goofy-looking person in the back with
`the big glasses and black hair is me. I was -- I like to
`pretend like I was a big factor in that group, but I was
`really just a young engineer scientist. But it was -- it
`was, indeed, a great time for me.
`Q.
`Looks like a motley crew, sir.
`A.
`Yes.
`Q.
`And what did you do after NASA?
`A.
`So one of NASA's missions is to propagate the technology
`that we develop there, into commercial applications.
`So with the encouragement of NASA, and with the
`patent portfolio that we developed for NASA, just most of
`this group spun off into a commercial company called
`"Photobit," which is also acknowledged as one of the leading
`companies that started the whole CMOS image sensor
`revolution.
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`Case 5:16-cv-00179-RWS Document 245 Filed 07/02/18 Page 11 of 16 PageID #: 13766
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`And as I mentioned, this is quite a big feather in
`NASA's cap to have come up with this technology and to have
`commercialized it. So this is an article from JPL's website
`that talks about Photobit taking the technology it developed
`for space applications and basically making it applicable to
`cell phones and other products.
`Q.
`What were your roles at Photobit? And this would have
`been in the -- in what time period?
`A.
`This was in the late '90s when I went there.
`And so my role, I obviously started as a
`researcher, and I actually was a design -- design lead for
`several commercial products, CMOS image sensor products that
`we were developing. It was a commercial entity.
`And -- and then I -- I worked on, in particular,
`the first CMOS HD image sensor. And we were getting a lot of
`pushback from the incumbent technology and camera makers
`about this new technology.
`So in -- sort of in the '97-'98 timeframe I became
`the director of business development -- development for Japan
`and Korea. And the reason for that was that Japan was the
`real -- the real stronghold for the incumbent technology. It
`was the -- it was the center of electronic imaging and also
`the CCD technology. So that's where we really needed to go
`prove ourselves.
`Q.
`And so did you make specific sales calls on -- on
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`Case 5:16-cv-00179-RWS Document 245 Filed 07/02/18 Page 12 of 16 PageID #: 13767
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`companies in -- in Japan and Korea?
`A.
`Yeah. I think I visited every Japanese camera makers.
`I visited Sony, Panasonic. I visited Hitachi. I don't think
`this particular group. But I -- I visited all of them and
`had -- was trying to get evangelized.
`Q.
`And what do you recall that their reception was to this
`new technology?
`A.
`Well, generally the reception was not very positive
`overall in Japan. You know, there was always a few
`visionaries that could see the future. But, generally,
`the -- the camera image sensor design groups in Japan were
`very insular. They were very focused on what they could do
`at that time, solving the problems of that time with the
`technology of that time. They weren't really interested in
`the future.
`Q.
`But times have changed, Dr. Mansoorian. Did the CMOS
`technology ever take hold?
`A.
`It has. It's now the technology. It's really
`marginalized, the old CCD technology, and now it's the
`dominant technology in -- in all of imaging, but especially
`in cell phones.
`Q.
`And when was that? When did that shift take place?
`A.
`It was kind of in the mid- to late 2000s. I think the
`big -- the big break for the technology came with the Apple
`iPhone. We've talked about it for a while, which was --
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`Case 5:16-cv-00179-RWS Document 245 Filed 07/02/18 Page 13 of 16 PageID #: 13768
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`started the whole smart -- smartphone product category. And
`that really increased the sales for CMOS image sensors.
`And the way it works in the technology business is,
`as your sales increase, revenue comes in. You have more R&D
`money to spend on doing research, and it's a virtual circle
`of -- of improved performance and reduced costs. And that's
`what really did it.
`Q.
`Let's press forward to today now.
`What is your current position?
`I'm the president of a company called Forza Silicon, and
`A.
`we design and manufacture CMOS image sensors for a variety of
`customers.
`I was told this is not a time for being humble, so
`I have to say that I'm proud that we're acknowledged as one
`of the premier image sensor design companies in the --
`worldwide, and we have a customer base worldwide. And we're
`really active in every marketplace in image sensors, and
`we've been in business since 2001.
`Q.
`And do you have a slide just to give a representative
`sample of the industries you're in?
`A.
`I do, yes. Thank you.
`So this is a slide from our company's website. And
`I just -- I just use some examples here in different rows.
`So the top row talks about our work on mobile
`cameras. So the hand is the fingerprint recognition for cell
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`Case 5:16-cv-00179-RWS Document 245 Filed 07/02/18 Page 14 of 16 PageID #: 13769
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`phones that we design. We work on cell phone cameras,
`gesture recognition.
`The second row shows -- you know, we're in Los
`Angeles, so we're quite active in digital cinema. So a lot
`of the movies that you've seen are shot with our image
`sensors. And we're also very active in broadcast cameras.
`The third line shows our defense work. We work for
`the Department of Defense, especially in night vision labs
`for developing very low-light imaging applications.
`And we also -- lastly, we work on medical imaging
`as well for endoscopy. That -- that pill there is a pill you
`swallow, and it takes pictures of your insides over time,
`and -- and it's not reused. And X-ray sensors.
`Q.
`Thank you, sir.
`And are you proud of these professional
`accomplishments?
`A.
`I have to say I am, yes.
`Q.
`And how long have you been at Forza Silicon, sir?
`A.
`For 17 years now.
`Q.
`Now, Dr. Mansoorian, you mentioned earlier that you have
`a number of patents on a slide. And how many of those are
`there?
`A.
`21 patents, all of them in CMOS image sensor technology.
`Q.
`And what about published articles, sir?
`A.
`You know what, I'm in an industry, so we tend to hold
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`most of our activities as trade secrets. But we still like
`to publish a little bit to be just good citizens, part of the
`technical community. So I have 12 published articles that
`are peer reviewed.
`Q.
`And how much of your professional career has been
`devoted to digital imaging and processing?
`A.
`All of it, all 24 years, almost going on 25 years now.
`MR. STEPHENS: Your Honor, at this time we would
`like to offer Dr. Mansoorian as an expert in the field of
`digital imaging.
`THE COURT: Any objection?
`MR. NESE: No objection, Your Honor.
`THE COURT: Very well.
`MR. STEPHENS: Your Honor, I think now would be a
`good time for a break.
`THE COURT: All right. Ladies and gentlemen of the
`jury, we'll recess for lunch at this time, and we'll come
`back a little after 1:00 o'clock.
`COURT SECURITY OFFICER: All rise for the jury.
`(Jury out.)
`THE COURT: You may step down.
`THE WITNESS: Thank you.
`THE COURT: We'll be in recess.
`(Recess.)
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`CERTIFICATION
`
`I HEREBY CERTIFY that the foregoing is a true
`and correct transcript from the stenographic notes of the
`proceedings in the above-entitled matter to the best of our
`abilities.
`
` June 28, 2018
`/s/ Christina L. Bickham
`CHRISTINA L. BICKHAM
`Federal Official Court Reporter
`
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