`Case 1:19-cv-11586—IT Document 77-1 Filed 07/08/20 Page 1 of 175
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`EXHIBIT 11
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`EXHIBIT 11
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`Case 1:19-cv-11586-IT Document 77-1 Filed 07/08/20 Page 2 of 175
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`In The Matter Of:
`Philips v.
`Fitbit
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`Thomas Martin, PH.D.
`June 18, 2020
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`Min-U-Script® with Word Index
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`Case 1:19-cv-11586-IT Document 77-1 Filed 07/08/20 Page 3 of 175
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`1
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` 1 UNITED STATES DISTRICT COURT
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` 2 FOR THE DISTRICT OF MASSACHUSETTS
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` 5 PHILIPS NORTH AMERICA LLC, ) Case No. 1:19-cv-11586-IT
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` 6 Plaintiff, )
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` 7 v. )
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` 8 FITBIT, INC., )
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` 9 Defendant. )
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`10 ____________________________)
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`11
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`12
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`13
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`14 REMOTE VIDEOTAPED DEPOSITION OF
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`15 THOMAS L. MARTIN, PH.D.
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`16 June 18, 2020
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`17 10:02 a.m. Eastern Standard Time
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`18 Blacksburg, Virginia
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`23 REPORTED BY:
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`24 Kristi Caruthers
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`25 CLR, CSR No. 10560
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`www.LexitasLegal.com/Premier Lexitas 888-267-1200
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` 3 Blacksburg, Virginia
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` 4 June 18, 2020
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` 8 REMOTE VIDEOTAPED DEPOSITION OF THOMAS L.
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` 9 MARTIN, PH.D., located in Blacksburg, Virginia,
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`10 pursuant to agreement before Kristi Caruthers, a
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`11 California Shorthand Reporter of the State of
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`12 California.
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`3
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` 1 APPEARANCES:
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` 2
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` 3 For Plaintiff:
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` 4 FOLEY & LARDNER LLP
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` BY: RUBEN J. RODRIGUES, ESQ.
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` 5 111 Huntington Avenue
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` Suite 2500
` 6 Boston, Massachusetts 02199-7610
` 617.342.4000
` 7 rrodrigues@foley.com
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` 8
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` 9 For Defendant:
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`10 PAUL HASTINGS LLP
` BY: CHAD PETERMAN, ESQ.
`11 200 Park Avenue
` New York, New York 10166
`12 212.318.6797
` chadpeterman@paulhastings.com
`13
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` ALSO PRESENT:
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` Christian Ruiz, Videographer
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`Case 1:19-cv-11586-IT Document 77-1 Filed 07/08/20 Page 6 of 175
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`4
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` 1 INDEX TO EXAMINATION
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` 2 WITNESS: THOMAS L. MARTIN, PH.D
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` 3
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` 4 EXAMINATION PAGE
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` 5 By Mr. Peterman 8, 165
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` 6 (AFTERNOON SESSION) 103
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` 7 By Mr. Rodrigues 161, 167
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`Case 1:19-cv-11586-IT Document 77-1 Filed 07/08/20 Page 7 of 175
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`5
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` 1 INDEX TO EXHIBITS
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` 2 THOMAS L. MARTIN, PH.D.
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` 3 Thursday, June 18, 2020
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` 4 Kristi Caruthers, CLR, CSR 10560
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` 5
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` 6 MARKED: DESCRIPTION: PAGE:
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` 7 Exhibit 1 Expert Disclosure of Thomas 17
` L. Martin, Ph.D.
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` Exhibit 2 Patent No. US 6,013,007 65
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` Exhibit 3 Geographical Information 81
`10 Systems FAQ
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`11 Exhibit 4 Patent No. US 7,088,233 B2 103
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`12 Exhibit 5 Patent No. US 6,976,958 B2 153
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`13 Exhibit 6 Patent No. US 8,277,377 159
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`16
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`17 QUESTIONS UNANSWERED BY DEPONENT:
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`18 PAGE: LINE:
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`19 17 18
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`Case 1:19-cv-11586-IT Document 77-1 Filed 07/08/20 Page 8 of 175
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`Thomas Martin, PH.D. - June 18, 2020
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`6
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` 1 BLACKSBURG, VIRGINIA
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` 2 THURSDAY, JUNE 18, 2020
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` 3 10:06 A.M. EASTERN STANDARD
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` 4 ---o0o---
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` 5
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` 6 THE VIDEOGRAPHER: We are now on the
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` 7 record. Today's date is June 18, 2020, and the
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` 8 timeis 10:06 a.m. Eastern Standard time.
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` 9 This is the video deposition of Dr. Thomas
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`10 L. Martin in the matter of "Philips North America
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`11 LLC versus Fitbit, Inc.," filed in the United States
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`12 District Court for the District of Massachusetts,
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`13 Case Number 1:19-cv-11586-IT.
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`14 This deposition is taking place via Web
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`15 video conference with all participants attending
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`16 remotely due to the Covid-19 pandemic.
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`17 My name is Christian Ruiz. I am the
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`18 videographer representing Lexitas.
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`19 Would counsel on the conference please
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`20 identify yourselves and state whom you represent,
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`21 beginning with the questioning attorney.
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`22 MR. PETERMAN: Good morning. Chad
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`23 Peterman of Paul, Hastings on behalf of Defendant
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`24 Fitbit.
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`25 MR. RODRIGUES: Ruben Rodrigues of Foley &
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`www.LexitasLegal.com/Premier Lexitas 888-267-1200
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`Case 1:19-cv-11586-IT Document 77-1 Filed 07/08/20 Page 9 of 175
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`Thomas Martin, PH.D. - June 18, 2020
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`7
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` 1 Lardner on behalf of -- on behalf of Philips and
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` 2 Dr. Martin.
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` 3 THE VIDEOGRAPHER: Our court reporter
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` 4 today is Kristi Caruthers, representing Lexitas.
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` 5 The court reporter will now swear in the witness.
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` 6
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` 7 THOMAS L. MARTIN, PH.D.,
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` 8 called as a deponent and sworn in by
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` 9 the deposition reporter, was examined
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`10 and testified as follows:
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`11
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`12 DEPOSITION REPORTER: Raise your right
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`13 hand, please.
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`14 Do you solemnly swear that the testimony
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`15 you are about to give in this matter shall be the
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`16 truth, the whole truth, and nothing but the truth,
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`17 so help you God?
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`18 THE WITNESS: Yes, I do.
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`19 DEPOSITION REPORTER: Please commence.
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`20 THE VIDEOGRAPHER: Thank you. Please
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`21 proceed.
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`22 ///
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`23 ///
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`24 ///
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`25 ///
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`www.LexitasLegal.com/Premier Lexitas 888-267-1200
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`Case 1:19-cv-11586-IT Document 77-1 Filed 07/08/20 Page 10 of 175
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`Thomas Martin, PH.D. - June 18, 2020
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`8
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` 1 EXAMINATION
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` 2 BY MR. PETERMAN:
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` 3 Q. Good morning, Dr. Martin. A pleasure to
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` 4 meet you virtually.
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` 5 A. Good morning.
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` 6 Q. As you know, you're here for your
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` 7 deposition today and we'll go through the ground
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` 8 rules of it.
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` 9 You know, I know that we are in a
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`10 different technological environment doing this
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`11 remotely. So, obviously, if there's any technical
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`12 difficulties or you can't hear something that I've
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`13 said or there's background noise or anything like
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`14 that, please speak up or flag me down, and we'll
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`15 certainly work -- work through that.
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`16 I know that dealing with exhibits is a
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`17 little bit more difficult in a situation like this,
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`18 and so, obviously, we will work through those
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`19 issues, and to the extent, you know, you need more
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`20 time for any additional documentation from me,
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`21 please let me know.
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`22 Is that fair?
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`23 A. That's fine.
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`24 Q. Would you please state your name for the
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`25 record.
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`Case 1:19-cv-11586-IT Document 77-1 Filed 07/08/20 Page 11 of 175
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`Thomas Martin, PH.D. - June 18, 2020
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`9
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` 1 A. Thomas L. Martin.
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` 2 Q. And what city and state do you live in?
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` 3 A. I live in Blacksburg, Virginia.
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` 4 Q. Are you currently employed?
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` 5 A. Yes, I am.
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` 6 Q. Who are you employed by?
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` 7 A. Virginia Tech.
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` 8 Q. And what is your position at Virginia
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` 9 Tech?
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`10 A. I'm a professor in electrical and computer
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`11 engineering.
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`12 Q. And do you have any field of specialty
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`13 within electrical and computer engineering?
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`14 A. My field of specialty is wearable
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`15 computing and technologies, electronic textiles,
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`16 basic computing environments and interdisciplinary
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`17 design teams.
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`18 Q. What does wearable computing mean?
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`19 A. Wearable computing is any sort of
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`20 computing technology, sensing technology, that's
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`21 meant to be worn.
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`22 Q. Is a Fitbit watch wearable computing
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`23 technology?
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`24 A. I would consider it to be, yes.
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`25 Q. What other examples of wearable computing
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`Case 1:19-cv-11586-IT Document 77-1 Filed 07/08/20 Page 12 of 175
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`Thomas Martin, PH.D. - June 18, 2020
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` 1 technologies are you aware of now?
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` 2 A. So there's a lot of work in smart garments
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` 3 where the electronics and technology is in the
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` 4 garment itself.
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` 5 I've been working in wearable computing
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` 6 since the early '90s and, you know, we built fanny
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` 7 pack computers and things like that. So any sort of
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` 8 technology that you would wear on your person.
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` 9 Q. You said you started with wearable
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`10 computing technology in the 1990s.
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`11 Can you just give me a little bit of
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`12 background for what work you were doing in the 1990s
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`13 in that field?
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`14 A. Sure. So when I went to graduate school
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`15 at Carnegie Mellon in 1992, I was brought in to work
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`16 on a wearable computing project. That involved --
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`17 it had a couple of applications. One was for making
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`18 wiring harnesses for Boeing for the workers who did
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`19 the wiring harnesses, and the other was a campus
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`20 tour guide to guide people around the Carnie Mellon
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`21 campus.
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`22 Q. And in the 1998 time frame, what was your
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`23 experience at that point with wearable computing?
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`24 A. I'm sorry. Did you say 1998?
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`25 Q. Yes.
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`Case 1:19-cv-11586-IT Document 77-1 Filed 07/08/20 Page 13 of 175
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`Thomas Martin, PH.D. - June 18, 2020
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` 1 A. Okay. So I was still in graduate school
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` 2 then, still working on wearable computing, and --
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` 3 sorry. When I asked what year, what was my
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` 4 involvement? Was that the question?
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` 5 Q. Yes. What was your -- I guess the level
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` 6 of your expertise, your involvement in wearable
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` 7 computing by 1998.
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` 8 A. Yes. So --
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` 9 MR. RODRIGUES: Objection.
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`10 You may answer.
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`11 THE WITNESS: Okay. So I was still in
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`12 graduate school. I was in one of the two groups in
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`13 the United States working on wearable computing.
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`14 I was already becoming involved with the
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`15 International Symposium on Wearable Computers, which
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`16 is the leading symposium on wearable computing, and
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`17 I had worked on a variety of systems at Carnegie
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`18 Mellon. And by systems, I mean wearable computing
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`19 systems.
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`20 BY MR. PETERMAN:
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`21 Q. Had you worked on any wearable computing
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`22 systems related to exercise back in 1998?
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`23 A. Not exercise by 1998.
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`24 Q. Had you been involved in wearable
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`25 computing relating to health monitoring back in
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`Case 1:19-cv-11586-IT Document 77-1 Filed 07/08/20 Page 14 of 175
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`Thomas Martin, PH.D. - June 18, 2020
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`12
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` 1 1998?
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` 2 A. No.
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` 3 Q. Approximately when was the first time that
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` 4 you had direct experience in wearable computing for
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` 5 exercise?
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` 6 A. It would have been around the time I went
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` 7 to Huntsville, which was '99 or 2000.
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` 8 Q. And at that point, what experience did you
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` 9 get in wearable computing for exercise?
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`10 A. We were looking at heart rate monitoring.
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`11 Q. When did the first heart rate monitor for
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`12 wearable computing come out?
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`13 MR. RODRIGUES: Objection to form.
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`14 THE WITNESS: There -- off the top of my
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`15 head, people were already -- I'd have to look back
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`16 and see, but people were already doing like heart
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`17 rate straps and things like that for exercise at the
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`18 time I started working in it.
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`19 BY MR. PETERMAN:
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`20 Q. Prior to 1998, were there already heart
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`21 rate straps for exercise?
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`22 MR. RODRIGUES: Objection.
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`23 THE WITNESS: I'm sorry. Heart rate --
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`24 BY MR. PETERMAN:
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`25 Q. Prior to 1998, was there already heart
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`Case 1:19-cv-11586-IT Document 77-1 Filed 07/08/20 Page 15 of 175
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`Thomas Martin, PH.D. - June 18, 2020
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`13
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` 1 rate monitors using straps for exercises?
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` 2 MR. RODRIGUES: Same objection.
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` 3 THE WITNESS: (Inaudible.)
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` 4 BY MR. PETERMAN:
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` 5 Q. I didn't hear you, Doctor. I note
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` 6 Mr. Rodrigues's objection, but I didn't hear your
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` 7 answer.
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` 8 A. I believe there were. I'd have to go back
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` 9 to look to be sure, but I believe there were.
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`10 Q. Have you ever been deposed before?
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`11 A. No, I have not.
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`12 Q. So, as you've already surmised and I'm
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`13 sure you've been prepped, I'm just going to be
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`14 asking you a series of questions today. If you
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`15 don't understand my question, certainly ask me for
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`16 clarification, and I'll do my best to clarify.
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`17 From time to time, your counsel may raise
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`18 an objection, but if your counsel does not instruct
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`19 you not to answer, then I still expect an answer for
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`20 my question.
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`21 A. Okay.
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`22 Q. If you respond to my question, I will
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`23 assume that you have understood it, and if you need
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`24 to take a break at any point in time, please let me
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`25 know and we'll certainly go off the record.
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`Case 1:19-cv-11586-IT Document 77-1 Filed 07/08/20 Page 16 of 175
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`Thomas Martin, PH.D. - June 18, 2020
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`14
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` 1 Is that fair?
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` 2 A. That's fair.
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` 3 Q. And I know you haven't testified at
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` 4 deposition before.
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` 5 Have you ever testified at a trial before?
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` 6 A. No, I have not.
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` 7 Q. Have you ever submitted an expert
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` 8 declaration or report in any other litigation
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` 9 besides the current litigation that we're in this
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`10 deposition for?
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`11 A. Yes, I have.
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`12 Q. And in what matter did you submit an
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`13 expert declaration or report?
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`14 A. It was -- the law firm was Baker
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`15 something, and it was -- I'd have to go back and
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`16 look. It was TomTom versus Smart Wearable
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`17 Technology. It's some little company that I hadn't
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`18 heard of.
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`19 Q. And that report that you submitted, was
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`20 that in connection with an interparty's review on a
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`21 patent?
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`22 A. Yes, it was.
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`23 Q. Other than that report in connection with
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`24 an interparty's review on a patent for TomTom, have
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`25 you ever submitted another expert report in a patent
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`Case 1:19-cv-11586-IT Document 77-1 Filed 07/08/20 Page 17 of 175
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`Thomas Martin, PH.D. - June 18, 2020
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`15
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` 1 matter?
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` 2 A. No, I have not.
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` 3 Q. Do you generally call -- generally recall
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` 4 what the subject of your expert report in the TomTom
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` 5 matter was?
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` 6 A. It was about whether you could calculate
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` 7 distance from accelerometers and other sorts of
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` 8 inertial measurements.
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` 9 Q. And did you reach a conclusion as to
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`10 whether or not you could calculate distance from
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`11 accelerometers in that report?
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`12 A. I'd have to go back to look to give the
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`13 exact conclusion, but my conclusion was that getting
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`14 the exact distances as specified in that patent
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`15 wouldn't have been possible with accelerometers.
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`16 Q. And did you prepare that report and file
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`17 it in 2017?
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`18 A. I believe that's correct, yes.
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`19 Q. Did you sit for a deposition in connection
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`20 with that report?
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`21 A. No, I did not.
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`22 Q. Do you know what became of the matter
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`23 between TomTom and the company that you hadn't heard
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`24 of before?
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`25 A. Actually, I don't.
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`Case 1:19-cv-11586-IT Document 77-1 Filed 07/08/20 Page 18 of 175
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`Thomas Martin, PH.D. - June 18, 2020
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`16
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` 1 Q. And is the -- the company that was on the
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` 2 other side of TomTom, was that Smart Wearable
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` 3 Technologies?
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` 4 A. I'd have to go back and look at it. I
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` 5 think that was the name, yes.
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` 6 Q. And after you filed that report in
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` 7 connection with TomTom versus Smart Wearable
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` 8 Technologies, did you discover any errors or
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` 9 corrections that you wanted to make in that report?
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`10 A. No.
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`11 Q. So in the documents that I sent you via
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`12 chat, the first document was titled
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`13 "Martindisclosure.pdf."
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`14 Do you see that?
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`15 A. Yes, and I've opened it.
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`16 THE VIDEOGRAPHER: Counsel, would you like
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`17 me to share it on the screen?
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`18 MR. PETERMAN: All right. Shortly, yeah.
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`19 Yeah, I guess just be prepared to do it.
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`20 THE VIDEOGRAPHER: Okay. I am.
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`21 MR. PETERMAN: Thank you. I'd like the
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`22 court reporter to mark the Martindisclosure.pdf as
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`23 Exhibit 1.
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`24 ///
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`25 ///
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`www.LexitasLegal.com/Premier Lexitas 888-267-1200
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`Case 1:19-cv-11586-IT Document 77-1 Filed 07/08/20 Page 19 of 175
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`Thomas Martin, PH.D. - June 18, 2020
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`17
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` 1 (Whereupon, Martin Exhibit 1 was
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` 2 marked for identification by the
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` 3 deposition reporter and is attached
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` 4 hereto.)
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` 5 BY MR. PETERMAN:
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` 6 Q. So you have Exhibit 1 there.
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` 7 Can you just tell me: Do you recognize
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` 8 Exhibit 1?
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` 9 A. Yes, I do.
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`10 Q. And Exhibit 1 is titled "Expert Disclosure
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`11 of Dr. Thomas L. Martin, Ph.D.," dated June 5th,
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`12 2020; correct?
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`13 A. Yes, that's correct.
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`14 Q. It may be self-evident, but can you just
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`15 tell me what Exhibit 1 is?
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`16 A. It's the expert disclosure that I've
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`17 written for this matter.
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`18 Q. Did your counsel discuss Exhibit 1 with
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`19 you at any point before this deposition?
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`20 MR. RODRIGUES: Objection to form.
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`21 I'll instruct you not to answer with
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`22 respect to the details of any discussions with
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`23 counsel.
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`24 BY MR. PETERMAN:
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`25 Q. You can answer "yes" or "no" as to whether
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`Case 1:19-cv-11586-IT Document 77-1 Filed 07/08/20 Page 20 of 175
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`Thomas Martin, PH.D. - June 18, 2020
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`18
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` 1 or not you ever discussed Exhibit 1 with your
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` 2 counsel.
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` 3 A. Yes.
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` 4 Q. How much time do you estimate that you
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` 5 took to prepare Exhibit 1?
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` 6 A. I'd have to look back in my records to be
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` 7 sure of the exact time, but probably between 10 and
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` 8 15 hours.
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` 9 Q. How was Exhibit 1 prepared?
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`10 MR. RODRIGUES: Again, instruct you not to
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`11 get into the details of the drafting of the expert
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`12 report from any communications with counsel.
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`13 BY MR. PETERMAN:
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`14 Q. Can you answer that question about how
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`15 Exhibit 1 was prepared?
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`16 A. Sorry. Since this is my first deposition,
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`17 he's instructed me not -- my -- Ruben's instructed
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`18 me not to answer with respect to the details.
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`19 MR. RODRIGUES: Yeah. And if you can't
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`20 answer without violating my instruction, then I
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`21 think you don't provide an answer.
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`22 BY MR. PETERMAN:
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`23 Q. Do you believe you can answer without
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`24 violating Mr. Rodrigues's instructions?
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`25 A. Would you ask the question again, Chad,
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`Case 1:19-cv-11586-IT Document 77-1 Filed 07/08/20 Page 21 of 175
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`Thomas Martin, PH.D. - June 18, 2020
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`19
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` 1 please?
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` 2 Q. I'll -- I'll take a different track here.
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` 3 Did you draft the document that's
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` 4 presented here as Exhibit 1?
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` 5 A. I was given an initial draft from counsel
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` 6 and then worked on it myself.
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` 7 Q. And did you review Exhibit 1 before
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` 8 signing it?
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` 9 A. Yes, I did.
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`10 Q. And did you agree with the statements that
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`11 you made in Exhibit 1 at the time you signed it?
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`12 A. Yes, I did.
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`13 Q. And since the time that you signed it, are
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`14 there any corrections that you wish to make with
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`15 respect to Exhibit 1?
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`16 A. There was a place that was highlighted
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`17 that should have been noted as being -- there was a
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`18 quote where the emphasis was not in the original
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`19 quote, and I should have noted that there was some
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`20 highlighting there. I'd have to look through it to
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`21 find it.
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`22 Q. Other than, I guess, a typographical font
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`23 type error, is there anything else that you noticed
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`24 that's incorrect about Exhibit 1?
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`25 A. Off the top of my head, no.
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`Case 1:19-cv-11586-IT Document 77-1 Filed 07/08/20 Page 22 of 175
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`Thomas Martin, PH.D. - June 18, 2020
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`20
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` 1 Q. Beyond the opinions that are expressed in
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` 2 Exhibit 1, are you planning to express any other
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` 3 opinions in this litigation?
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` 4 A. Yes. You know, I was asked to provide the
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` 5 opinions that are -- on the matters that are in the
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` 6 disclosure, but I'd be happy to -- to look at other
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` 7 aspects of this case and provide opinions for those.
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` 8 Q. So what additional opinions are you
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` 9 planning to provide in connection with this
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`10 litigation?
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`11 MR. RODRIGUES: Objection to form, lacks
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`12 foundation, calls for speculation.
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`13 BY MR. PETERMAN:
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`14 Q. You may answer the question.
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`15 A. I'm not planning on providing any -- like,
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`16 there aren't particular things I've been asked to
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`17 provide an opinion on beyond those that are in the
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`18 disclosure.
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`19 Q. Are you planning to testify at the claim
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`20 construction hearing in this matter?
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`21 MR. RODRIGUES: Calls for -- objection;
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`22 calls for speculation, lacks foundation.
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`23 THE WITNESS: If I'm asked to, I will.
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`24 BY MR. PETERMAN:
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`25 Q. At this point, have you been asked to
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`Case 1:19-cv-11586-IT Document 77-1 Filed 07/08/20 Page 23 of 175
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`Thomas Martin, PH.D. - June 18, 2020
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`21
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` 1 testify at the claim construction hearing in this
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` 2 matter?
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` 3 A. I don't recall being asked to testify.
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` 4 Q. Are you planning on providing any opinions
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` 5 regarding infringement of Fitbit's products in
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` 6 connection with this matter?
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` 7 MR. RODRIGUES: Objection; calls for
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` 8 speculation and lacks foundation.
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` 9 THE WITNESS: Again, in terms of planning,
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`10 you know, I have no plans other than what I'm asked
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`11 to do in the future.
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`12 BY MR. PETERMAN:
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`13 Q. Are you planning on providing any
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`14 invalidity opinions beyond what you've expressed in
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`15 Exhibit 1 in this litigation?
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`16 MR. RODRIGUES: Objection to form, lacks
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`17 foundation, calls for speculation.
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`18 THE WITNESS: Again, I'm not -- my plans
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`19 are to respond for opinions as I'm asked for them.
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`20 BY MR. PETERMAN:
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`21 Q. Are you planning on attending trial if it
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`22 occurs in this litigation?
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`23 MR. RODRIGUES: Objection; calls for
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`24 speculation.
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`25 THE WITNESS: As I've said before, if I'm
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`Case 1:19-cv-11586-IT Document 77-1 Filed 07/08/20 Page 24 of 175
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`Thomas Martin, PH.D. - June 18, 2020
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`22
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` 1 asked to, I -- I will attend.
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` 2 BY MR. PETERMAN:
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` 3 Q. What experience do you have with using or
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` 4 studying Fitbit products, apart from this
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` 5 litigation?
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` 6 A. I've considered a Fitbit for my personal
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` 7 use, but other than that, I haven't looked at them
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` 8 closely.
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` 9 Q. Have you ever used a Fitbit for your
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`10 personal use?
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`11 A. No, I have not.
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`12 Q. Have you personally used a wrist-worn
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`13 activity tracker?
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`14 A. I've tried others people's on, but I don't
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`15 have one of my own.
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`16 Q. Have you ever had one of your own?
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`17 A. No.
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`18 Q. Have you ever studied Philips's Activity
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`19 trackers?
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`20 A. No, I have not.
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`21 Q. Have you ever owned a Philips Activity
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`22 Tracker?
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`23 A. No.
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`24 Q. Have you ever owned any wearable
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`25 technology from Philips?
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`Case 1:19-cv-11586-IT Document 77-1 Filed 07/08/20 Page 25 of 175
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`Thomas Martin, PH.D. - June 18, 2020
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`23
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` 1 A. No, not that I recall.
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` 2 Q. Have you ever used any wearable technology
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` 3 from Philips?
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` 4 A. I might have tried some things that were
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` 5 being demoed at conferences.
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` 6 Q. Have you ever used any wearable technology
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` 7 from Fitbit?
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` 8 A. Similarly, I've -- I might have tried
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` 9 things that were being demoed at conferences.
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`10 Q. And beyond the possibility of trying
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`11 something demoed at a conference, you have no other
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`12 recollection of potentially using either a Philips
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`13 or a Fitbit wearable?
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`14 A. No, I don't have any recollection of that.
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`15 Q. What are the primary conferences in the
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`16 wearable technology space that you attend?
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`17 A. So the conference that I mentioned
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`18 earlier, the International Symposium on Wearable
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`19 Computers, ISWC is the abbreviation, and it's -- for
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`20 the last several years -- I'd have to look back when
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`21 we joined together -- it's been in conjunction with
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`22 another conference called UbiComp, ubiquitous
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`23 computing.
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`24 There's an industrial conference called
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`25 Smart Fabrics which recently changed its name to
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`Case 1:19-cv-11586-IT Document 77-1 Filed 07/08/20 Page 26 of 175
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`Thomas Martin, PH.D. - June 18, 2020
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` 1 WEAR, which I regularly attend.
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` 2 I would have to look back through my
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` 3 records. There's quite a number of other
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` 4 conferences around sensing on the body and workshops
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` 5 at larger conferences around sensing on the body
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` 6 that I've attended over the years, but without
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` 7 looking back at my records, it would be hard for me
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` 8 to say.
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` 9 Q. Approximately when was the first time you
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`10 attended an ISWC conference?
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`11 A. 1998.
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`12 Q. Were ISWC conferences in existence before
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`13 1998?
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`14 A. It started in 1997, if I recall correctly.
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`15 Q. The second conference you mentioned was
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`16 UbiCon (sic).
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`17 Can you just spell out the acronym for me?
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`18 A. It's UbiComp, so its U-b-i-C-o-m-p.
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`19 Q. Do you know what that stands for?
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`20 A. Ubiquitous computing.
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`21 Q. And what does ubiquitous computing mean?
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`22 A. Ubiquitous computing is this notion that
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`23 computing will disappear into the environment and be
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`24 all around us, on our clothing, in the -- in the
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`25 built environment, other places as well. In the
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`Case 1:19-cv-11586-IT Document 77-1 Filed 07/08/20 Page 27 of 175
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`Thomas Martin, PH.D. - June 18, 2020
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`25
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` 1 trade press, it would be what's properly known as
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` 2 IoT is -- is a large part of that.
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` 3 Q. When was the first UbiComp conference that
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` 4 you attended?
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` 5 A. I'd have to look back at my records to be
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` 6 sure. It would have been in the 2000s, but I don't
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` 7 recall exactly.
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` 8 Q. And what about -- and when was the first
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` 9 WEAR symposium or conference that you attended?
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`10 A. So as I said before, WEAR was originally
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`11 called Smart Fabrics. Got it started later.
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`12 Again, I'd have to look back at my records
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`13 to be sure, but it's going to be in the 2005, 2007
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`14 timeframe.
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`15 Q. In the 1998 timeframe, what were the
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`16 leading academic publications for wearable
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`17 technologies?
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`18 A. So ISWC, I-S-W-C, that conference was the
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`19 first wearable computing conference, the academic
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`20 wearable computing conference to get started, and my
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`21 advisor was one of the -- the people who founded it.
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`22 And in fact, that 1998 conference, I
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`23 handled most of the local arrangements, so I was
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`24 involved in the organization of it.
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`25 There weren't dedicated -- because it was
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`Case 1:19-cv-11586-IT Document 77-1 Filed 07/08/20 Page 28 of 175
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`Thomas Martin, PH.D. - June 18, 2020
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` 1 a new field in 1998, there weren't particular
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` 2 venues, particular journals that were dedicated to
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` 3 wearable and ubiquitous computing, and that
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` 4 conference was one of the first venues for
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` 5 publication.
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` 6 Before that, you would have had to have
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` 7 found a venue that was dedicated to some larger
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` 8 computing issue and publish in that.
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` 9 Q. And attached to your expert disclosure,
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`10 you have Exhibit A, which is your CV.
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`11 A. Yes.
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`12 Q. Is this a true and accurate copy, to the
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`13 best of your understanding, of your CV?
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`14 A. My apologies for my delay. My Touchpad is
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`15 misbehaving this morning. I can't actually swipe,
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`16 so it's taking me longer to go through documents
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`17 than normal.
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`18 Q. No problem. Take your time.
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`19 A. Yes, this is -- this is my CV.
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`20 Q. As far as the -- your publications and
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`21 your writing skill, is this a compete and accurate
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`22 copy of your publications?
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`23 A. It's relatively complete. I don't know
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`24 when this was updated. I think I might have a
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`25