Case 5:16-cv-00179-RWS Document 246 Filed 07/02/18 Page 1 of 131 PageID #: 13772
`
`1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`MAXELL, LTD. )
`
` DOCKET NO. 5:16cv179
`-vs- )
` Texarkana, Texas
` ) 1:18 p.m.
`ZTE USA, INC. June 28, 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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`1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`MAXELL, LTD. )
`
` DOCKET NO. 5:16cv179
`-vs- )
` Texarkana, Texas
` ) 1:18 p.m.
`ZTE USA, INC. June 28, 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 246 Filed 07/02/18 Page 2 of 131 PageID #: 13773
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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 246 Filed 07/02/18 Page 3 of 131 PageID #: 13774
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`P R O C E E D I N G S
`(Jury out.)
`COURT SECURITY OFFICER: All rise.
`THE COURT: Let's have the jury brought down.
`COURT SECURITY OFFICER: Please rise for the jury.
`(Jury in.)
`THE COURT: Mr. Stephens, you may continue.
`MR. STEPHENS: Thank you, your Honor.
`BARMOOK MANSOORIAN, PH.D., DEFENDANT'S WITNESS,
`PREVIOUSLY SWORN
`DIRECT EXAMINATION (CONTINUED)
`BY MR. STEPHENS:
`Q.
`Welcome back, Dr. Mansoorian.
`A.
`Thank you.
`Q.
`I trust you had a good lunch?
`A.
`I did. Thanks.
`Q.
`Let's dive into the patent itself -- or the patents
`itself.
`
`The slide on the screen, Dr. Mansoorian, have you
`seen this document before?
`A.
`Yes. It's the so-called '493 patent camera patent in
`this case.
`Q.
`And this is Plaintiff's Exhibit 8?
`A.
`Yes.
`Q.
`And have you reviewed this document?
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`A.
`Q.
`
`Yes. I've reviewed this in detail.
`A.
`And the next document on the screen, Dr. Mansoorian,
`Q.
`have you seen this document before?
`A.
`Yes. It's the '729 patent, and it's a camera -- the
`second camera patent in this case.
`Q.
`This is Plaintiff's Exhibit 9?
`Dr. --
`Yes. I'm sorry, yes.
`Thank you.
`If I mention the camera patents, can we agree that
`I'm discussing the '493 and the '729 patents together?
`A.
`Yes. We agree.
`Q.
`Dr. Mansoorian, what is your understanding of what the
`camera patents are generally about?
`A.
`So the two camera patents have a similar background, but
`they're addressing different functionality.
`So the '493 patent is addressing trying to use an
`electronic camera to take both a high resolution picture for
`photographs and still pictures and also to use the same
`camera in a lower resolution to take video. And also, to
`monitor the still picture.
`The '729 patent discusses the problem how to solve
`the problem of a handheld camera that has movement and how to
`use a specific method to correct for that method.
`And each one of these patents describes a very
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`Case 5:16-cv-00179-RWS Document 246 Filed 07/02/18 Page 5 of 131 PageID #: 13776
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`specific method of solving those problems.
`Q.
`Thank you, Dr. Mansoorian.
`Do these patents share a specification?
`They do.
`A.
`What is your understanding of why that is?
`Q.
`It's because the '729 is a continuation of the '493
`A.
`patent.
`Q.
`What is the priority date of these patents?
`A.
`I believe it's January 11, 2000.
`Q.
`Thank you.
`Now, what are the problems or challenges that, in
`your view, the inventors were trying to address in these
`patents?
`A.
`So the inventors -- you know, you've got to think about
`back in the '90s when this work was done, and 2000, the main
`problem of electronic imaging was that there was only really
`one successful product for elect -- consumer electronic
`imaging, and that was the camcorder or the Handycam.
`And, basically, the struggle for electronic imaging
`was how to expand that market. The -- the still camera
`market was still a film photography market.
`And so the problem was that -- the problem was that
`all these camcorders, the output would have to go to a
`television and you have to -- again, you have to remember the
`old days of the televisions we had in the '90s with the big
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`Case 5:16-cv-00179-RWS Document 246 Filed 07/02/18 Page 6 of 131 PageID #: 13777
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`cathode ray tubes, the large tubes in the back with the
`screen. And those were analog devices. And they worked in a
`very specific way. They had a specific standard to drive
`them called the NTSC standard in the U.S.
`And it was a standard that had very specific
`definition of the number of lines in the -- in the -- in the
`screen. An electron beam write line by line and scroll down.
`And you would have 480 lines in the U.S. and have to run
`exactly at 29.9 frames per second and so on.
`And there was no concept of pixels because these
`lines were written in an analog way. And they would just be
`written continuously across as this beam would -- would scan
`across.
`
`And all this required a very specific input
`interface. And this input interface rippled all the way back
`to the cameras in the image sensor because that was the way
`you viewed these images -- these video images from the
`camcorders. You would have to basically design the rest of
`your system to be able to work efficiently with that
`television.
`Q.
`Thank you, Dr. Mansoorian. That was information
`overload. Thank you.
`A.
`Okay. I'm sorry.
`Q.
`But is that problem something that we face today?
`A.
`It is not, no.
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`Case 5:16-cv-00179-RWS Document 246 Filed 07/02/18 Page 7 of 131 PageID #: 13778
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`And I understand that you were unable to be in the
`Q.
`courtroom during Dr. Madisetti's testimony the other day, but
`you've had a chance to review it?
`A.
`Yes, I have.
`Q.
`And do you understand that Dr. Madisetti testified that
`the camera patents are more useful today, in his opinion,
`than they were in 2000? Do you agree with that statement?
`A.
`I don't. These camera patents describe a very specific
`method of doing what they're doing, and it's very specific to
`a previous technology, in my opinion.
`Q.
`Do the camera patents recite the word "phone"?
`A.
`They do not.
`Q.
`Do you understand that Dr. Madisetti disagreed with
`that?
`A.
`Q.
`A.
`Q.
`A.
`Q.
`you?
`A.
`Q.
`A.
`Q.
`
`Yes, I do.
`And have you reviewed the entirety of the patents?
`Yes, I have.
`Have you seen the word "phone" in there?
`I have not, no.
`Now, you were present in the opening statement, weren't
`
`Yes, I was.
`Did you see this slide that was put up on the screen?
`I did, yes.
`Is this consistent with your understanding of the
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`Case 5:16-cv-00179-RWS Document 246 Filed 07/02/18 Page 8 of 131 PageID #: 13779
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`background of this invention -- these inventions?
`A.
`Yes, it is.
`Q.
`Are you offering an opinion that a television is
`required or recited by any of these claims?
`A.
`No.
`Q.
`Why would televisions have anything to do with a patent
`about digital cameras?
`A.
`Yeah. Like I mentioned, the television is not described
`in the claims specifically, but it's described in the
`background quite extensively under description of the
`patents.
`
`And the reason that's important is because these
`television standards drove a lot of functional aspects that
`did end up in the claim. So the claim language, as we'll go
`through, talks about operating on pixel -- vertically
`arranged pixel lines and how to reduce the resolution very
`efficiently. And that all comes from this television
`standard. And it's a very specific method of reducing the
`resolution to try to -- to drive the television standard.
`So, again, it is very -- it's affected the claims.
`Thank you, Doctor.
`And one of the concepts that you've been touching
`on is the idea of image processing. And could you give the
`ladies and gentlemen of the jury just an idea on a high level
`of what that is?
`
`Q.
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`Case 5:16-cv-00179-RWS Document 246 Filed 07/02/18 Page 9 of 131 PageID #: 13780
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`Yeah. So I think the -- the easiest way for me to
`A.
`describe image processing is kind of taking you back to
`old -- old film cameras. So what you would do is you take a
`roll of film. You would take a lab, and it would do chemical
`processing to create pictures.
`Until then, the roll of film wasn't particularly
`useful to a person, but the end -- the end; result after the
`chemical processing, you have pictures. They would have
`color and so on, and you can enjoy the pictures.
`Electronic image processing is a similar thing
`except for electronic image sensors. It's doing
`colorization. It's doing compression. It's doing a lot of
`functions. And as you can imagine because, we're using
`computational power, we can do a lot more than just making
`photographs. But that's a good analogy, I think.
`Q.
`Fair enough.
`And you've also mentioned the concept of a pixel.
`Could you briefly give us an idea of that -- what
`you mean by that?
`A.
`Sure. A pixel comes from two words, "picture element."
`And it describes a very discrete point in an image sensor or
`in a display that is optically active. In an image sensor
`that discrete point absorbs light. In a display, it -- it
`physically emits light or -- or passes light in a certain
`way.
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`Case 5:16-cv-00179-RWS Document 246 Filed 07/02/18 Page 10 of 131 PageID #: 13781
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`So the -- I think the best example I have of how to
`look for a pixel is if you have an HD camera or monitor if
`you walk really close to it and -- and look at -- look at the
`display, you'll see individual spots, and each one has a
`color. It has a certain amount of light coming out of it.
`And those are the pixels in your display.
`And if you, again, walk back and look at the
`overall picture, you'll see a nice image that's made up of
`these individual pixels. And the more pixels you have, the
`more the so-called resolution, and the more detail,
`basically, that you can see in the image.
`And the image sensor is exactly the same way except
`you're seeing more detail in the picture that you're taking
`or the video that you're taking, more pixels.
`Q.
`Thank you.
`And at the time of the patented invention, did --
`did TVs, general commercial use, use -- rely on pixels?
`A.
`No. Again, these were all CRTs with an electronic beam.
`There was no concept of a pixel. There was a concept of very
`specific lines that would be drawn in the form of scan lines
`around and around.
`Q.
`And in an average camera on the market today, a cell
`phone camera, how many pixels would you expect to find in the
`camera?
`A.
`You know, on the average, I would guess 20 to 40
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`Case 5:16-cv-00179-RWS Document 246 Filed 07/02/18 Page 11 of 131 PageID #: 13782
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`megapixels for the rear camera, so, you know, high
`resolution.
`Q.
`And what about the time of the camera patents?
`A.
`Well, at the time of the camera patents, I think it was
`1999 that the first cell phone was introduced period. I
`believe by Kyocera in Japan. And I don't dare mention the
`pixel resolution. I think it might have been 20 or 30,000
`pixels, something like that. I -- I don't -- I wouldn't
`swear to that but, you know, something like that, very low
`resolution.
`And, you know, camcorders were around 300,000
`pixels, something like that, maybe a high resolution
`camcorder would be 700,000 pixels.
`Q.
`Let's take a look at Figures 10 and 13 of the '493
`patent. And, first of all, are these figures also present in
`the '729 patent?
`A.
`Yes, they are.
`Q.
`Regarding Figure 10, which is on your right -- excuse
`me -- your left, I'm a little bit challenged in my lefts and
`rights. Apologies.
`What are we looking at?
`So Figure 10 shows the structure of what an image sensor
`A.
`would be like that could use the techniques described in the
`claim in the '493 patent.
`So let me just describe it a little bit to sort
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`Case 5:16-cv-00179-RWS Document 246 Filed 07/02/18 Page 12 of 131 PageID #: 13783
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`of -- this is like a shorthand engineering notation for a
`schematic.
`So what you'll see is these -- these dots reflect
`the fact that this is a bigger image, it's not just four
`columns and six rows, but they extend out. And this would
`probably be something like a thousand rows and maybe a
`thousand columns, something like that.
`So the light sensitive elements are actually the
`boxes labeled Y, G, C. And the reason they're labeled
`differently is because each of them have a different color
`filter on top to absorb only that top. So Y stands for
`yellow; Green stands for green -- G stands for green; and C
`stands for cyan.
`And, also, the patent describes an RGB version of
`this, which is drawn sort of in -- in Figure 13B in a
`schematic way.
`The reason you only have three color filters is
`because if you use the right three prime colors, by mixing
`those colors you can get any color in the rainbow, basically
`any color you care about. And that -- that's shown in these
`circles with the overlaps for the RGB case.
`And it shows that you can get all the intermediate
`colors with those. And that's how color is -- that's how we
`get color from single chip image sensors.
`And so the way -- one -- one key aspect that's
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`Case 5:16-cv-00179-RWS Document 246 Filed 07/02/18 Page 13 of 131 PageID #: 13784
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`shown in this figure is the fact that each -- all three of
`these colors are represented in each row. And this is a --
`I'm bringing that up because it's an important point in the
`way the claim is written and how this can be used to do both
`high resolution images and lower resolution images, so
`we'll -- we'll come to that.
`Q.
`And have you prepared an animation for that?
`A.
`Yes, I have.
`So Figure 13, we've just superimposed how these
`images -- this image sensor array would be addressed and this
`data would be read out. It's very specific in the claims
`that it's in the form of vertically arranged pixel lines. So
`pixel lines are read, and in a high resolution still picture
`or photo picture, all the lines are read.
`Q.
`And would you expect to see this type of pattern in a
`modern CMOS image sensor?
`A.
`I would not, no.
`Q.
`And, Dr. Mansoorian, in your opinion, based on your
`extensive experience with image sensors over the past almost
`25 years -- and I don't mean to date you -- would this mixing
`and culling that you've just described work with modern
`digital cameras, such as those that are in cellular
`telephones?
`A.
`They would not, no.
`Q.
`Why is that, sir?
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`Case 5:16-cv-00179-RWS Document 246 Filed 07/02/18 Page 14 of 131 PageID #: 13785
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`It's because the modern image sensors exclusively use
`A.
`the Bayer so-called pattern, color filter pattern, or a very
`minor variant of it. But it's primarily the Bayer pattern.
`And so the Bayer pattern, it's drawn on the right
`here, and we've just replicated Figure 13B from the previous
`page. But one -- basically the important thing to notice in
`the Bayer pattern is that if you look along any row or column
`not all the pictures are -- all the colors are represented.
`So, for example, the top row, you'll just see blue,
`green, blue, green, blue. And the second row down, you'll
`green, blue -- I'm sorry -- green, red, green, red, and so on
`in any direction.
`So the reason for this is that Bayer patterns
`aren't really looked at in the form of lines, but they're
`looked at in groups of two-by-two pixels in pixel blocks.
`So, if you look at that corner pixel block, it has
`two greens, a red, and a blue, and it has all the colors.
`The reason there are two greens is this color filter pattern
`was specifically designed to try to replicate the human eye,
`which is much more sensitive to green because of the color of
`sunlight and so on.
`So we're more sensitive to seeing details in green,
`so that's what this is supposed to do. And it gives us
`superior color performance, and that's why it's really taken
`over.
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`And you understand that Dr. Madisetti testified on
`Q.
`Tuesday and that he disagrees with you on this point.
`A.
`Yes, I understand that.
`Q.
`Have you prepared a slide to illustrate why the Bayer
`pattern, in your view, wouldn't work with the modern camera
`technology?
`A.
`Yes, I have.
`Q.
`Is this that slide?
`A.
`Yes.
`So this is the Bayer pattern, and so, if you
`notice, if you're doing -- this is the way the -- this is a
`technique -- sorry.
`To take it back to the claims, I will show that
`there's a technique called mixing and culling in those patent
`claims, and it works on a per-line basis.
`Basically using the patents, you jump over a line
`to do -- to reduce your resolution. And you can do that,
`according to the patent claim, by any number of lines, but it
`has to be one specific number.
`In a Bayer pattern, because it works in groups of
`two-by-two -- so it's a block level of looking at the pixel,
`and this is what's representing these two-by-two groups that
`are going down. It basically is very different than what's
`claimed in the patent.
`THE COURT: Hold on.
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`MR. NESE: I didn't want to interrupt, Your Honor,
`or Dr. Mansoorian. I think this document might be
`confidential. I just want to make sure that we're not doing
`anything improper here.
`MR. STEPHENS: This one is not.
`MR. NESE: Okay. Just making sure of that.
`MR. STEPHENS: Thank you for that.
`THE WITNESS: Thank you.
`(By Mr. Stephens) You may continue, Doctor.
`Q.
`Yeah. I think -- so that was the description. So,
`A.
`basically, this is called a subsampling technique. It does
`the act of reducing the resolution of an image sensor for
`video, but, again, it works in the form of pixel blocks that
`are by two-by-two elements so that for each one of these, you
`have all the colors to make a color image.
`Q.
`Dr. Mansoorian, is it your opinion that ZTE phones use a
`Bayer array?
`A.
`Yes, it is.
`Q.
`And that's both the Axon 7 and the Max Duo LTE?
`A.
`Yes.
`Q.
`Do the camera -- excuse me -- do the camera patents
`reference CMOS anywhere in them?
`A.
`No, they do not.
`Q.
`Do they reference Bayer patterns anywhere within them?
`A.
`They do not, no.
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`Case 5:16-cv-00179-RWS Document 246 Filed 07/02/18 Page 17 of 131 PageID #: 13788
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`17
`
`Another concept we'll be discussing in some detail today
`Q.
`is the idea of JPEG. Can you explain what that is and how it
`relates?
`A.
`Sure.
`So, again, this is a concept that we'll get to when
`we -- when you look at the claims. But, basically, JPEG --
`if there is a standard for -- in the cell phone space or
`photography at the moment, it's the JPEG standard for still
`images.
`
`So, what it is, is it's a format to encode the data
`from the camera so that every camera's output can be opened
`by anybody else's computer. So I'm sure you're all familiar
`with the dot -- when you take a picture you'll see a .jpg,
`and that's a JPEG file, and you basically always get that,
`certainly, from a cell phone.
`And the way it started is because it's a
`compression standard, and as you -- because you have these
`high-resolution images that create really large files, and
`you'd like to reduce the size of your files just so that you
`can put more of them on your phone or camera, and it's easier
`to transmit them to friends, et cetera.
`Q.
`So the ZTE phones, do the cameras within them use the
`JPEG standard?
`A.
`Yes. For taking still images, they use a JPEG output.
`Q.
`And why is it important that JPEGs use -- or excuse
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`Case 5:16-cv-00179-RWS Document 246 Filed 07/02/18 Page 18 of 131 PageID #: 13789
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`me -- that camera phones use the JPEG standard?
`A.
`Like I mentioned, I think it's important to have a
`single -- so if you are generating a picture from your cell
`phone camera, you can send it to really anybody else, and
`they'll be able to open that image.
`So when you get a picture in your e-mail from
`somebody, you can double click on it, and there's a JPEG
`decoder in your computer that then decompresses -- actually,
`the image is still compressed, but it decodes the image, and
`then you can see it.
`So this slide shows us the concept. So the top
`reflects the encoding that you would have in the transmit
`side of your camera. Just the JPEG happens to work in groups
`of eight-by-eight blocks. Again, we have this concept of
`working in blocks in modern imaging systems.
`And it does some functionality to compress the
`image. Unfortunately, it's a lossy compression so you lose
`some information, but for our consumption, for people, you
`don't really miss it.
`And that basically gives you a data output. It's
`not -- the data output file is not in the form of lines or
`really anything. It's just a bunch of compressed bits.
`When you receive that image or you want to open
`that file, the decoder on the bottom becomes active and
`basically decodes that binary file into a reconstructed
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`Case 5:16-cv-00179-RWS Document 246 Filed 07/02/18 Page 19 of 131 PageID #: 13790
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`19
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`image, but the reconstructed image is also, again, in the
`form of blocks.
`And I'm emphasizing blocks versus lines, again, as
`we go to the claims, to emphasize that you'll see that
`concept of lines in the patents. That's really no longer
`used.
`Q.
`Do you have an illustration for us to sort of explain
`this?
`A.
`Yeah. I -- to ingratiate myself to the jury, we took a
`picture of the courthouse. And so this is sort of a
`zoomed-out regular picture that we're all used to seeing, but
`when you zoom in to a particular area, you'll see sort of the
`block-level signature of JPEG.
`And, again, it's not a secret. I think every cell
`phone has a JPEG output, and it's the only output for taking
`still images, and we'll see why that's important.
`Thank you.
`MR. STEPHENS: Before we turn to claim 5 of the
`'493 patent in detail, Your Honor, I think this might be a
`good time for us to seal the courtroom.
`THE COURT: All right. We'll need to seal the
`courtroom at this time.
`(Courtroom sealed.)
`(This portion of the transcript is sealed and filed
`under separate cover as Sealed Portion No. 28.)
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`Case 5:16-cv-00179-RWS Document 246 Filed 07/02/18 Page 20 of 131 PageID #: 13791
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`20
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`(Courtroom unsealed.)
`MR. WISNIA: Shall I proceed, Your Honor?
`THE COURT: You may.
`MR. WISNIA: All right.
`KETAN MAYER-PATEL, Ph.D., DEFENDANT'S WITNESS, SWORN
`DIRECT EXAMINATION
`
`BY MR. WISNIA:
`Q.
`Good afternoon, Dr. Mayer-Patel.
`A.
`Good afternoon.
`Q.
`Would you kindly introduce yourself to the jury?
`A.
`Sure. My name is Dr. Ketan Mayer-Patel.
`Q.
`And where do you live, sir?
`A.
`I live in Durham, North Carolina.
`Q.
`And what is your role generally in this case?
`A.
`I was asked to opine about infringement of the audio
`patents. Those were the '491 and '695 patents.
`Q.
`All right. Do you have a family, sir?
`A.
`I do.
`Q.
`Could you tell us a little bit about them?
`A.
`Sure.
`So I was born in Chicago. My family moved around
`between Omaha and Kansas City. We ended up settling in
`Dallas where my dad's sister and my mom's brother already
`lived, and I grew up with my cousins there. And I ended up
`graduating from Plano Senior High School.
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`Case 5:16-cv-00179-RWS Document 246 Filed 07/02/18 Page 21 of 131 PageID #: 13792
`
`21
`
`I'm currently married with my wife, Christine, and
`we have two children, a 16-year-old daughter going on 24 and
`a 13-year-old son going on 8.
`Q.
`And after graduating from high school in Plano, did you
`go to college?
`A.
`I did.
`Q.
`And where did you go, sir?
`A.
`I went to the University of California.
`Q.
`And what did you study there?
`A.
`I studied computer science and economics.
`Q.
`All right. And did you obtain a degree?
`A.
`I did. A bachelor's degree, majoring in computer
`science and economics, yes.
`Q.
`Any other degrees from that university?
`A.
`Sure.
`And then I met Christine at college, and I stayed
`at Berkeley and ended up with a master's in computer science
`in 1997 and then a Ph.D. in 1999.
`Q.
`What is computer science, sir?
`A.
`I would describe computer science as the field of study
`that involves information. It's a representation and
`manipulating information with logic.
`Q.
`And after graduating from college, what did you do?
`A.
`I --
`Q.
`After you got your Ph.D. -- I'm sorry -- what did you
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`Case 5:16-cv-00179-RWS Document 246 Filed 07/02/18 Page 22 of 131 PageID #: 13793
`
`22
`
`do?
`I joined the faculty at the University of North Carolina
`A.
`where I've been ever since.
`Q.
`All right. So are you a Tarhealer, or are you a
`California Bear?
`A.
`In the -- in this order. I am a Golden Bear and then a
`Tarheal and then a Longhorn. All my cousins went to the
`University of Texas, so I kind of broke my mom's heart.
`Q.
`And what's your role at the University of North
`Carolina?
`A.
`I'm an associate professor.
`Q.
`What area do you focus in on, sir?
`A.
`Sure.
`So my main area of research is in multimedia
`systems. So these are systems that involve transmitting and
`using media -- so like video and audio -- and compression.
`And I teach a variety of courses, including
`networking, object-oriented programming, web programming, and
`data compression to name a few.
`Q.
`Okay. Is there a particular area that you're focusing
`your research on lately?
`A.
`Lately, I've been working with my students to look at
`the intersection of video and video streaming with advanced
`next generation kind of applications like virtual reality,
`augmented reality, and computer vision.
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`Case 5:16-cv-00179-RWS Document 246 Filed 07/02/18 Page 23 of 131 PageID #: 13794
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`23
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`So you're working in virtual reality?
`Q.
`Sometimes, yes.
`A.
`Okay. And, sir, in addition to your academic background
`Q.
`and your teaching position, can you tell us a little bit
`about your other professional responsibilities.
`A.
`Sure.
`I am a member of both the IEEE and an organization
`called the ACM. And as part of the ACM, I am a member of the
`steering committee of several conferences.
`And I see we have some logos here, including these
`conferences like NOSSDAV, which stands for the Network and
`Operating Systems Support for Digital Audio and Video; a
`conference MMSys, which stands for Multimedia Systems; and
`the conference SIGMM, which stands for the Special Interest
`Group in Multimedia.
`Q.
`In addition to that, have you had a chance to publish
`any peer-reviewed publications?
`A.
`Sure.
`We publish all the time in academia. I have over
`40 peer-reviewed publications in various conferences and
`journals.
`Q.
`All right. And, obviously, it's a patent case. Do you
`have any patents?
`A.
`I have two patents that are not full patents yet. I
`think the university is in the process of applying for them.
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`Case 5:16-cv-00179-RWS Document 246 Filed 07/02/18 Page 24 of 131 PageID #: 13795
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`A.
`
`Okay. And so in this case, you're talking about the
`Q.
`audio patents, the '491 and the '695. There's been a lot of
`talk about MPEG and MP3 and stuff like that.
`Do you have any experience in that area, sir?
`Sure. Absolutely.
`What -- early in my career, I wrote something
`called mpeg_play, which at the time was the first publicly
`available MPEG-1 software video decoder.
`So before then, they had hardware versions, and it
`was a very new technology. No one had written any software
`version that people could use to play with. So I wrote that
`as -- with my advisor, the person who ended up becoming my
`advisor at Berkeley. And when we released it, it was
`downloaded over a million times.
`Q.
`Wow. That's kind of like a golden record for a software
`guy.
`A.
`It was definitely a feather in my cap, yes.
`Q.
`All right. And, sir, obviously, the technology at issue
`with the '491 and the '695 is these audio decoders. Do you
`have professional and academic experience in that area?
`A.
`Yes, absolutely. I teach it in my classes on multimedia
`systems. I have written audio decoders as part of both my
`coursework and research at various points, so, yes.
`MR. WISNIA: Your Honor, at this time, we would
`offer Dr. Mayer-Patel as an expert in the area of video and
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`Case 5:16-cv-00179-RWS Document 246 Filed 07/02/18 Page 25 of 131 PageID #: 13796
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`25
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`audio decoding, as well as the particular subject matter of
`the '491 and '695 patents.
`THE COURT: Any objection?
`MR. FUSSELL: No objection, Your Honor.
`THE COURT: Very well.
`(By Mr. Wisnia) Sir, have you studied both the '491 and
`Q.
`'695 patents?
`A.
`I have.
`Q.
`And have you considered the opinions offered by
`Dr. Maher on the same topic?
`A.
`I have.
`Q.
`And having considered that information, have you reached
`an opinion yourself as to whether or not the ZTE products
`infringe these patents?
`A.
`I have.
`Q.
`And what is your opinion, sir?
`A.
`My opinion is they do not infringe.
`Q.
`So, sir, before we get into the nitty-gritty of the
`opinion with respect to the products, perhaps you can give us
`an overview as to the patents and how they operate.
`A.
`Sure. Absolutely.
`So I'm going to take over, if you don't mind.
`Sure. Click away.
`Q.
`So, first of all, it's important to understand that the
`A.
`'695 patent and the '491 patent share the same specification.
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`Case 5:16-cv-00179-RWS Document 246 Filed 07/02/18 Page 26 of 131 PageID #: 13797
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`26
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`One is a continuation of the other, and I think that's come
`up a couple of times, and so I think the jury understands
`what that means.
`But what I would like to do is to essentially
`identify the different parts that the patent is talking
`about; and then once we kind of, you know, have the lay of
`the land and what the different parts are, I'm going to go
`through an animation which kind of show how those parts work
`together.
`So, starting, we'll just identify the parts. The
`important parts for what I'm going to explain -- oh.
`Actually, let me go back one quick second. Sorry.
`And when I show how those parts work together, I'm
`going to show them as how they work together as a receiver
`for digitized broadcasting.
`And I
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