Case 5:19-cv-00036-RWS Document 390-5 Filed 07/06/20 Page 1 of 13 PageID #: 19336
`Case 5:19-cv-00036—RWS Document 390-5 Filed 07/06/20 Page 1 of 13 PageID #: 19336
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`Case 5:19-cv-00036—RWS Document 390-5 Filed 07/06/20 Page 1 of 13 PageID #: 19336
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`Case 5:19-cv-00036-RWS Document 390-5 Filed 07/06/20 Page 2 of 13 PageID #: 19337
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`Transcript of the Testimony of Jaccob R. Munford
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`Date: June 19, 2020
`
`Case: Maxell, Ltd. v. Apple, Inc.
`
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`Phone: 202-347-3700
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`Case 5:19-cv-00036-RWS Document 390-5 Filed 07/06/20 Page 3 of 13 PageID #: 19338
`Case 5:19-cv-00036—RWS Document 390-5 Filed 07/06/20 Page 3 of 13 PageID #: 19338
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`Case 5:19-cv-00036-RWS Document 390-5 Filed 07/06/20 Page 4 of 13 PageID #: 19339
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`Jaccob R. Munford
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`Maxell, Ltd. v. Apple, Inc.
`
`June 19, 2020
`
`Page 1
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` IN THE UNITED STATES DISTRICT COURT
` FOR THE EASTERN DISTRICT OF TEXAS
` TEXARKANA DIVISION
`
`- - - - - - - - - - - - - -x
`MAXELL, LTD., )
` Plaintiff, )
` vs. ) Civil Action No.
`APPLE, INC., ) 5:19-cv-00036-RWS
` Defendant. )
` - - - - - - - - - - - - - x
`
` TELEPHONIC DEPOSITION OF JACOB R. MUNFORD
`
` Friday, June 19, 2020
`
`REPORTED BY: SUSAN L. CIMINELLI, CRR, RPR
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`Case 5:19-cv-00036-RWS Document 390-5 Filed 07/06/20 Page 5 of 13 PageID #: 19340
`
`Jaccob R. Munford
`
`Maxell, Ltd. v. Apple, Inc.
`
`June 19, 2020
`
` Deposition of JACOB R. MUNFORD, called for
`examination pursuant to notice of deposition,
`on Friday, June 19, 2020, in Washington, D.C.,
`via telephone at 11:00 a.m. EST, before SUSAN
`L. CIMINELLI, RPR, CRR, and a Notary Public
`within and for the District of Columbia, when
`were present via telephone on behalf of the
`respective parties:
`
`LUIZ MIRANDA, ESQ. (Via telephone)
`Mayer Brown
`1999 K Street, N.W.
`Washington, D.C. 20006
`(202) 263-3000
`lmiranda@mayerbrown.com
`On behalf of the Plaintiff
`
` -- continued --
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`Case 5:19-cv-00036-RWS Document 390-5 Filed 07/06/20 Page 6 of 13 PageID #: 19341
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`June 19, 2020
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`Page 3
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`Jaccob R. Munford
`
`Maxell, Ltd. v. Apple, Inc.
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`APPEARANCES (continued):
`
`MARK LIANG, ESQ. (Via telephone)
`O'Melveny & Myers
`Two Embarcadero Center
`28th Floor
`San Francisco, California 94111-3823
`(415) 984-8882
`mliang@omm.com
`On behalf of Defendant
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`Case 5:19-cv-00036-RWS Document 390-5 Filed 07/06/20 Page 7 of 13 PageID #: 19342
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`Jaccob R. Munford
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`Maxell, Ltd. v. Apple, Inc.
`
`June 19, 2020
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` P R O C E E D I N G S
`Whereupon,
` JACOB R. MUNFORD,
`was called as a witness, and having been duly
`sworn, was examined and testified as follows:
` EXAMINATION BY COUNSEL FOR PLAINTIFF
`BY MR. MIRANDA:
` Q Mr. Munford, good morning.
` A Good morning.
` Q I'm Luiz Miranda of Mayer Brown, on 11:00:20
`behalf of Plaintiff Maxell, Limited.
` A Uh-huh.
` MR. MIRANDA: And will Apple's
`counsel introduce himself?
` THE WITNESS: I'm sorry. Do you mind 11:00:34
`repeating that? I couldn't hear you very well.
` MR. MIRANDA: Would Apple's counsel
`introduce himself?
` MR. LIANG: So I'm Mark Liang,
`M-A-R-K, L-I-A-N-G, of O'Melveny Myers, on 11:00:46
`behalf of Defendant Apple, Inc.
`BY MR. MIRANDA:
` Q Mr. Munford, can you please state
`your name for the record?
` A My name is Jacob Munford. 11:01:02
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`Case 5:19-cv-00036-RWS Document 390-5 Filed 07/06/20 Page 8 of 13 PageID #: 19343
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`Jaccob R. Munford
`
`Maxell, Ltd. v. Apple, Inc.
`
`June 19, 2020
`
`Page 5
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` Q Can you please spell your last name?
` A M-U-N-F-O-R-D.
` Q And can you please spell your first
`name?
` A J-A-C-O-B. 11:01:15
` Q And, Mr. Munford, what is your
`current work address?
` A 305 Fairfax Road, Pittsburgh,
`Pennsylvania, 15221.
` Q And your current home address? 11:01:31
` A 305 Fairfax Road, Pittsburgh,
`Pennsylvania, 15221.
` Q And, Mr. Munford, have you ever been
`deposed before?
` A I have. 11:01:50
` Q Approximately how many times?
` A Three.
` Q And when was the last time you were
`deposed?
` A It would have been in October of last 11:02:02
`year, 2019.
` Q So I'd like to go over some
`deposition ground rules, to kind of refresh
`your memory and keep us all on track.
` A Sure. 11:02:16
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`Case 5:19-cv-00036-RWS Document 390-5 Filed 07/06/20 Page 9 of 13 PageID #: 19344
`
`Jaccob R. Munford
`
`Maxell, Ltd. v. Apple, Inc.
`
`June 19, 2020
`
`Page 31
`
`BY MR. MIRANDA:
` Q Mr. Munford, just let me know when
`you have your expert report open, Exhibit
`Number 300?
` A My expert report is in front of me. 11:33:28
` Q Could you proceed to paragraph 8,
`which is on page 2 of your expert report?
` A Yes.
` Q And could you read that paragraph to
`yourself, please, and let me know when you're 11:33:47
`finished.
` A I'm finished.
` Q Do you see on the second sentence,
`where it says, "in turn, material is officially
`accessible if it was disseminated or otherwise
`made available to the extent that persons
`interested and ordinarily skilled in the
`subject matter or art exercising reasonable
`diligence can locate it." Do you see that?
` A I do. 11:34:25
` Q And what is the subject matter or art
`here?
` A The subject matter and art that I am
`discussing in my declaration is the art of
`research, specifically finding an obscure 11:34:43
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`Case 5:19-cv-00036-RWS Document 390-5 Filed 07/06/20 Page 10 of 13 PageID #: 19345
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`Jaccob R. Munford
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`Maxell, Ltd. v. Apple, Inc.
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`June 19, 2020
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`Page 32
`publication using publicly available resources.
`1
` Q What is the subject matter or art the
`asserted patents related to your opinion?
` A Could you repeat that?
` Q What is the subject matter or art of 11:35:01
`the asserted patents related to the opinion in
`your expert report?
` A I can only speak to the topic of the
`material. I can't speak to the patent itself.
` Q What is the subject matter or art of 11:35:16
`the material that you provide an opinion on?
` A It appears to be some type of
`computer programming or computer engineering
`from a journal called Wireless Networks, so I
`would also assume some sort of networking as 11:35:34
`well.
` Q Did your study in graduate school
`include the study of wireless networks?
` A I'm sorry, could you repeat? You
`broke up there. 11:36:19
` Q Did your studies in graduate school
`include the study of wireless networks?
` A It did include the study of creating
`wireless networks for public service, but not
`the creation of the actual networks on an 11:36:31
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`Case 5:19-cv-00036-RWS Document 390-5 Filed 07/06/20 Page 11 of 13 PageID #: 19346
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`Jaccob R. Munford
`
`Maxell, Ltd. v. Apple, Inc.
`
`June 19, 2020
`
`Page 33
`
`engineering level.
` Q Do you believe that you're an expert
`in wireless networks on an engineering level?
` A No, I am not.
` Q Do you believe that you're an expert 11:36:50
`in the field of computer science?
` A No.
` Q Do you believe that you're an expert
`in the field of computer engineering?
` A No. 11:37:04
` Q Do you believe that you're an expert
`in the field of chemical engineering?
` A No.
` Q Do you believe that you're an expert
`in the field of electrical engineering? 11:37:20
` A No.
` Q Do you have a degree in computer
`science?
` A I do not.
` Q Do you have a degree in computer 11:37:31
`engineering?
` A I do not.
` Q Do you have a degree in computer
`programming?
` A The degree is not in computer 11:37:39
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`Case 5:19-cv-00036-RWS Document 390-5 Filed 07/06/20 Page 12 of 13 PageID #: 19347
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`Jaccob R. Munford
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`Maxell, Ltd. v. Apple, Inc.
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`June 19, 2020
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`Page 34
`programming, but creating computer code is part
`1
`of a library and information science degree.
` Q Do you have a degree in chemical
`engineering?
` A I do not. 11:37:52
` Q Do you have a degree in electrical
`engineering?
` A I do not.
` Q Do you believe that you're an expert
`in wireless networks on an engineering level? 11:38:07
` A I do not believe that.
` Q Mr. Munford, you're not an expert in
`GPS systems, are you?
` A GPS systems as in geolocation?
` Q GPS as in geolocation systems, yes. 11:38:24
` A No, I am not an expert in the field
`of geolocation.
` Q You're not an expert in the field of
`navigation systems, correct?
` A Correct. 11:38:36
` Q And you're not an expert in
`communication or wireless communication systems
`on an engineering level, correct?
` A Correct.
` Q And you're not an expert in mobile 11:38:48
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`Case 5:19-cv-00036-RWS Document 390-5 Filed 07/06/20 Page 13 of 13 PageID #: 19348
`
`Jaccob R. Munford
`
`Maxell, Ltd. v. Apple, Inc.
`
`June 19, 2020
`
`Page 35
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`devices, correct?
` A Correct.
` Q Mr. Munford, are you familiar with a
`website called the Wayback Machine.
` A Yes, I am familiar with the Wayback 11:39:21
`Machine.
` Q What is it?
` A The Wayback Machine is a project by a
`larger public library service to archive
`Internet websites. 11:39:38
` Q Have you used the Wayback Machine
`website before?
` A Several times, yes.
` Q For what purpose?
` A I've used the Wayback Machine for 11:39:54
`personal use, as well as professional research.
`And I also, I should add, helped library
`patrons access those services as well.
` Q Did you use the Wayback Machine in
`professional research involving a case? 11:40:14
` A Multiple cases.
` Q Did you use a professional research
`using the Wayback Machine contained in a
`declaration?
` A In this declaration? 11:40:32
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