Case 5:19-cv-00036-RWS Document 161-8 Filed 12/09/19 Page 1 of 10 PageID #: 6719
`Case 5:19-cv-00036—RWS Document 161-8 Filed 12/09/19 Page 1 of 10 PageID #: 6719
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`EXHIBIT G
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`EXHIBIT G
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`Case 5:19-cv-00036—RWS Document 161-8 Filed 12/09/19 Page 1 of 10 PageID #: 6719
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`EXHIBIT G
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`EXHIBIT G
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`Case 5:19-cv-00036-RWS Document 161-8 Filed 12/09/19 Page 2 of 10 PageID #: 6720
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`Page 1
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` IN THE UNITED STATES DISTRICT COURT
` FOR THE EASTERN DISTRICT OF TEXAS
` TEXARKANA DIVISION
`
`MAXELL, LTD., )
` )
` Plaintiff ) Case No. 5:19-CV-
` ) 00036-RWS
` vs. )
` )
`APPLE INC., )
` )
` Defendant. )
`-------------------------x
`
` DEPOSITION OF TIM A. WILLIAMS, PH.D.
` Washington, D.C.
` Friday, November 1, 2019
`
`Reported by:
`Lori J. Goodin, RPR, CLR, CRR,
`RSA, California CSR #13959
`JOB NO. 170305
`
`TSG Reporting - Worldwide 877-702-9580
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`Case 5:19-cv-00036-RWS Document 161-8 Filed 12/09/19 Page 3 of 10 PageID #: 6721
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`Page 37
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` TIM A. WILLIAMS, PH.D.
`user?
` A. Can I have the question again,
`please?
` Q. Sure. Is it your opinion that the
`input unit, as claimed in Claim 1, would be the
`portion of this definition that we just looked
`at in the specification that involves receiving
`an input entered by the user.
` A. Basically. And that is consistent
`with my discussion in Paragraph 30 regarding
`the IBM computing dictionary and its definition
`of input unit as "A device in a data processing
`system by means of which data can be entered
`into the system."
` Q. Would it be fair to say then that
`the input unit claimed in Claim 1 under your
`understanding of the plain and ordinary meaning
`is any component as long as the component is
`capable of receiving an input entered by the
`user?
` A. Well, there is a distinction between
`the IBM definition which is data entered into
`the system, and the words of the spec which is
`restricted to the data being entered by the
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`TSG Reporting - Worldwide 877-702-9580
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`Case 5:19-cv-00036-RWS Document 161-8 Filed 12/09/19 Page 4 of 10 PageID #: 6722
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`Page 38
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` TIM A. WILLIAMS, PH.D.
`user.
` But, I would say that as long as the
`component is capable of receiving an input,
`would be the more general understanding of a
`POSITA.
` Q. Okay. So then is your understanding
`of the plain and ordinary meaning of input unit
`any component as long as the component is
`capable of receiving an input?
` A. Basically, yes. Claim 1 restricts
`that input unit to receiving an input entered
`by a user in its language.
` So, the user element is included
`within Claim 1.
` Q. Would you include that in your plain
`and ordinary meaning definition then? Or no.
` A. Well, I think it would be redundant
`to say that the input unit is, so, the claim
`would be read quite oddly, I guess.
` The Claim 1 would be an information
`processing terminal comprising a, any component
`that is capable of receiving an input entered
`by the user for receiving an input entered by a
`user. That seems to be confusing and may
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`TSG Reporting - Worldwide 877-702-9580
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`Case 5:19-cv-00036-RWS Document 161-8 Filed 12/09/19 Page 5 of 10 PageID #: 6723
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`Page 39
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` TIM A. WILLIAMS, PH.D.
`confuse a jury.
` Q. Understood. So, then the plain and
`ordinary meaning under your opinion of the
`input unit is any component as long as the
`component is capable of receiving an input?
` A. At the highest level, in general,
`yes.
` Q. And that is your opinion of what a
`person of skill in the art would understand the
`term input unit to mean, simply by looking at
`that term in the claim. Is that right?
` A. Simply by looking at the term in the
`claim. Well, we have to look to the spec in
`the understanding of a POSITA. I'm not sure
`what you are asking.
` Q. Let me ask it this way.
` Does the term input unit have a
`plain and ordinary meaning just in the field at
`the time of the '438 patent?
` A. Yes.
` Q. And what is that?
` A. The definition we have discussed.
` Q. The same definition that we have
`just agreed to that was the definition for the
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`TSG Reporting - Worldwide 877-702-9580
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`Case 5:19-cv-00036-RWS Document 161-8 Filed 12/09/19 Page 6 of 10 PageID #: 6724
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`Page 40
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` TIM A. WILLIAMS, PH.D.
`input unit in the '438 patent?
` A. And the IBM dictionary, yes.
` Q. Would a person of skill in the art
`understand that to be a definition simply
`having read Claim 1 and seen the term input
`unit in Claim 1?
` A. I haven't expressed an opinion on
`that.
` Q. Do you have an opinion on that?
` A. Not that I have expressed.
` Q. Do you have one at all?
` A. No.
` Q. Would a person of skill in the art
`use the phrase input unit in connection with
`their Bachelor of Science studies in Electrical
`Engineering, for example?
` A. Yes.
` Q. And would their use of the word an
`input unit be consistent with the definition
`that we have agreed to just a couple of minutes
`ago?
` A. I believe so, yes.
` Q. What are some examples of an input
`unit at the time of the '438 patent?
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`TSG Reporting - Worldwide 877-702-9580
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`Case 5:19-cv-00036-RWS Document 161-8 Filed 12/09/19 Page 7 of 10 PageID #: 6725
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`Page 41
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` TIM A. WILLIAMS, PH.D.
` A. Well an example would be what the
`spec calls a ten-key board. An example would
`be a, in 2003, a touch screen. A stylus-based
`input device, a speech to text converter.
` A audio to audio to selection
`converter. A mouse.
` Q. How about a microphone. Would that
`be an input unit?
` A. It would be some audio sound to
`selection indication. I think I covered that.
` Q. Sorry.
` A. Sorry.
` Q. What about a chip that enables
`wireless communications, like a broadband chip.
` Would you consider that an input
`unit in 2003?
` A. A chip that enables broadband
`communications. That is far too general of a
`question. So, could you be more specific,
`please?
` Q. Sure. Just in a mobile device,
`mobile device typically is going to have some
`form of broadband chip in it. Right?
` A. Sometimes, yes.
`
`TSG Reporting - Worldwide 877-702-9580
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`Case 5:19-cv-00036-RWS Document 161-8 Filed 12/09/19 Page 8 of 10 PageID #: 6726
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`Page 60
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` TIM A. WILLIAMS, PH.D.
`The spec goes on to talk about what an input
`unit is.
` Are you asking about a specific
`implementation of the input unit?
` Q. Yes. Does the specification
`disclose any other specific example of an input
`unit?
` A. Not in this cite. However, as we
`have discussed earlier, Camera Unit 101 could
`be a input unit for the purposes of
`authentication if there, if there is a
`capability of facial recognition, for example,
`contained within that mobile terminal unit,
`Element 1.
` So, that camera unit would be an
`input unit in that system.
` Q. Does the specification provide any
`disclosures where the camera unit is used for
`receiving an input entered by a user?
` A. Not specifically, no.
` Q. You disagree with Apple's
`construction, right?
` A. Yes.
` Q. And I believe you address this in
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`TSG Reporting - Worldwide 877-702-9580
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`Case 5:19-cv-00036-RWS Document 161-8 Filed 12/09/19 Page 9 of 10 PageID #: 6727
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`Page 61
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` TIM A. WILLIAMS, PH.D.
`Paragraph 33 of your declaration. Is that
`correct?
` A. Yes.
` Q. You give two reasons why you think
`Apple's construction is wrong. Is that right?
` A. Yes.
` Q. So, it is your opinion that Apple's
`construction is wrong because 35 USC 112
`Paragraph 6 should not apply, in your opinion,
`and Apple says it should.
` Is that the first reason?
` A. Well it is my understanding that
`only the court can determine whether 112/6
`should apply. So it is a matter of legal
`issues.
` But, my nonlegal opinion is that
`there would be no confusion by a POSITA in
`terms of understanding what an input unit was.
` And because of that, I would say
`that it is my opinion that 112/6 would not
`apply.
` But, I'm not offering a legal
`opinion.
` Q. Fair enough. Your second point of
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`TSG Reporting - Worldwide 877-702-9580
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`Case 5:19-cv-00036-RWS Document 161-8 Filed 12/09/19 Page 10 of 10 PageID #: 6728
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`Page 62
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` TIM A. WILLIAMS, PH.D.
`disagreement with Apple's construction is that
`it is your opinion that Apple's construction
`improperly limits the meaning of the term input
`unit beyond what the plain and ordinary meaning
`is. Is that right?
` A. Yes.
` Q. And in your declaration you
`identified no other disputes that you have
`regarding Apple's construction. Is that right?
` A. Yes.
` Q. Let's turn to the next term Display
`Apparatus. You have addressed that term in
`Paragraphs 34 through 40 of your declaration.
`Is that right?
` A. Yes.
` Q. Okay. And actually to, it is --
`let's talk a little bit about the patent to get
`some context for this term.
` In Paragraphs 21 through 24 of your
`declaration, you provide an overview of the
`'438 patent. Is that right?
` A. Yes.
` Q. And, you make reference to the
`Summary of Invention of the '438 patent, I
`
`TSG Reporting - Worldwide 877-702-9580
`
`
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