UNITED STATES DISTRICT COURT
`
` NORTHERN DISTRICT OF CALIFORNIA
`
` OAKLAND DIVISION
`
`ANCORA TECHNOLOGIES, INC,
`
` Plaintiff,
`
` vs. No. C-11-6357-YGR
`
`APPLE INC.,
`
` Defendant.
`
`__________________________________
`
`APPLE INC.,
`
` Counterclaim Plaintiff,
`
` vs.
`
`ANCORA TECHNOLOGIES, INC.,
`
` Counterclaim Defendant.
`
`__________________________________
`
` Videotaped Deposition of MIKI MULLOR,
`
` Taken at 1000 Town Center, 22nd Floor,
`
` Southfield, Michigan, commencing at
`
` 9:04 a.m., Thursday, October 15, 2015,
`
` before Kathy Adkins, CSR-4697, CRR,
`
` RMR, RPR, B.A.
`
`JOB No. 2153499
`
`PAGES 1 - 262
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`Page 1
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`Page 1
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`HTC EX. 1007
`HTC v. Ancora
`US Patent No. 6,411,941
`
`
`
` NORTHERN DISTRICT OF CALIFORNIA
`
` OAKLAND DIVISION
`
`ANCORA TECHNOLOGIES, INC,
`
` Plaintiff,
`
` vs. No. C-11-6357-YGR
`
`APPLE INC.,
`
` Defendant.
`
`__________________________________
`
`APPLE INC.,
`
` Counterclaim Plaintiff,
`
` vs.
`
`ANCORA TECHNOLOGIES, INC.,
`
` Counterclaim Defendant.
`
`__________________________________
`
` Videotaped Deposition of MIKI MULLOR,
`
` Taken at 1000 Town Center, 22nd Floor,
`
` Southfield, Michigan, commencing at
`
` 9:04 a.m., Thursday, October 15, 2015,
`
` before Kathy Adkins, CSR-4697, CRR,
`
` RMR, RPR, B.A.
`
`JOB No. 2153499
`
`PAGES 1 - 262
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`Page 1
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`Page 1
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`HTC EX. 1007
`HTC v. Ancora
`US Patent No. 6,411,941
`
`
`
`A P P E A R A N C E S :
`
`A p p e a r i n g o n b e h a l f o f t h e P l a i n t i f f
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`a n d C o u n t e r c l a i m D e f e n d a n t .
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`B Y : J O H N L E R O Y
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` M A R C L O R E L L I
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`B r o o k s K u s h m a n
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`1 0 0 0 T o w n C e n t e r
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`2 2 n d F l o o r
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`S o u t h f i e l d , M i c h i g a n 4 8 0 7 5
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`2 4 8 . 3 5 8 . 4 4 0 0
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`j l e r o y @ b r o o k s k u s h m a n . c o m
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`m l o r e l l i @ b r o o k s k u s h m a n . c o m
`
`A p p e a r i n g o n b e h a l f o f t h e D e f e n d a n t a n d
`
`C o u n t e r c l a i m P l a i n t i f f .
`
`B Y : R I C H A R D S . J . H U N G
`
`M o r r i s o n & F o e r s t e r , L L P
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`4 2 5 M a r k e t S t r e e t
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`S a n F r a n c i s c o , C a l i f o r n i a 9 4 1 0 5
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`4 1 5 . 2 6 8 . 7 0 0 0
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`r h u n g @ m o f o . c o m
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`2 3
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`1 0
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`1 1
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`1 2
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`1 5
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`1 6
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`1 7
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`2 0
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`2 4
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`A p p e a r i n g o n b e h a l f o f t h e D e f e n d a n t a n d
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`C o u n t e r c l a i m P l a i n t i f f .
`
`B Y : J O S H U A A . H A R T M A N
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`M o r r i s o n F o e r s t e r
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`2 0 0 0 P e n n s y l v a n i a A v e n u e , N . W .
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`S u i t e 6 0 0 0
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`W a s h i n g t o n , D . C . 2 0 0 0 6
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`2 0 2 . 8 8 7 . 8 7 7 5
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`j h a r t m a n @ m o f o . c o m
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`A L S O P R E S E N T :
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`S h a w n C a p r o n - V i d e o T e c h n i c i a n
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` T A B L E O F C O N T E N T S
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`W I T N E S S P A G E
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`M I K I M U L L O R
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` E X A M I N A T I O N
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` B Y M R . H U N G : 1 1
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` E X H I B I T S
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`N U M B E R P A G E
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`( E x h i b i t s a t t a c h e d t o t r a n s c r i p t . )
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`E X H I B I T 1 1 2
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`L i n k e d I n P r o f i l e
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`E X H I B I T 2 2 7
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`M S - A N C 0 0 4 5 5 5 - 5 5 8
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`R e s u m e
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`E X H I B I T 3 3 1
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`' 9 4 1 P a t e n t
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`E X H I B I T 4 3 4
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`' 9 4 1 U . S . P a t e n t A p p l i c a t i o n
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`E X H I B I T 5 3 8
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`I n t e r v i e w S u m m a r y r e ' 9 4 1 P a t e n t
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`E X H I B I T 6 3 9
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`' 9 4 1 P a t e n t A m e n d m e n t s
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`E X H I B I T 7 4 1
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`" N o t i c e o f A l l o w a n c e "
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`E X H I B I T 8 4 2
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`A N C 1 - 7 ' 9 4 1 P a t e n t
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`E X H I B I T 9 5 9
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`A N C 1 7 8 - 1 8 5 W h i t e P a p e r
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`2 5
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`E X H I B I T 1 0 6 7
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`A N C 0 0 6 8 1 8 - 8 3 9
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`T e c h n o l o g y O v e r v i e w W h i t e P a p e r
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`E X H I B I T 1 1 7 8
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`A P L 0 0 0 0 9 9 8 0 - 0 2 8
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`D M I S p e c
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`E X H I B I T 1 2 7 9
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`M S - A N C 0 0 1 5 7 4 - 6 3 8
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`B e e b l e m a r k e t i n g d o c u m e n t
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`E X H I B I T 1 3 9 3
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`A N C 0 4 1 5 1 9 - 5 2 0
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`6 / 1 1 / 2 0 0 2 E m a i l
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`E X H I B I T 1 4 9 4
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`A N C 0 1 3 3 0 8 - 3 4 1
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`B e e b l e f i n a n c i a l p r o j e c t i o n s
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`E X H I B I T 1 5 9 9
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`A N C 6 0 0 0 0 - 0 4 6
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`B e e b l e b u s i n e s s p l a n
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`E X H I B I T 1 6 1 0 8
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`A N C 6 5 5 - 6 8 8
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`" S i l i c o n V a l l e y C l u s t e r S t r a t e g y W o r k
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`P l a n "
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`E X H I B I T 1 7 1 2 6
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`M J 0 3 8 5 - 3 8 7
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`C o m p l a i n t f o r R e l i e f U n d e r S e c t i o n 2 2 5
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`E X H I B I T 1 8 1 2 9
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`M J 0 0 8 0 - 0 8 9
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`M e m o r a n d u m o f U n d e r s t a n d i n g
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`E X H I B I T 1 9 1 3 2
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`A N C 6 0 0 4 7 - 1 7 6
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`M i n u t e B o o k , C e r t i f i c a t e B o o k a n d S t o c k
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`L e d g e r o f A n c o r a T e c h n o l o g i e s
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`E X H I B I T 2 0 1 3 6
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`A N C 0 0 8 5 2 7 - 5 3 1
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`A n c o r a O n l i n e 2 0 0 5 - 2 0 0 7 B u s i n e s s P l a n
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`E X H I B I T 2 1 1 4 0
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`A N C 0 0 8 5 9 9 - 6 0 9
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`A l l i a n c e A g r e e m e n t
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`E X H I B I T 2 2 1 5 5
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`C o m p l a i n t M i c r o s o f t v M u l l o r
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`E X H I B I T 2 3 1 6 2
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`A N C A 9 6 1 - 1 0 2 5
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`S e t t l e m e n t A g r e e m e n t
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`E X H I B I T 2 4 1 7 8
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`M S - A N C 0 0 0 8 1 3 - 8 1 5
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`2 / 1 1 / 2 0 0 0 3 E m a i l c h a i n
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`E X H I B I T 2 5 1 8 0
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`A N C 7 4 4 - 7 6 3
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`S e t t l e m e n t A g r e e m e n t a n d M u t u a l R e l e a s e
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`E X H I B I T 2 6 1 8 8
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`" D e c l a r a t i o n f o r U n i t e d S t a t e s P a t e n t
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`A p p l i c a t i o n , P o w e r o f A t t o r n e y ,
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`D e s i g n a t i o n o f C o r r e s p o n d e n c e A d d r e s s "
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`E X H I B I T 2 7 1 9 1
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`A P L 0 0 0 0 6 8 8 7 - 8 9 3
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`" A S e c u r e a n d R e l i a b l e B o o t s t r a p
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`A r c h i t e c t u r e "
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`E X H I B I T 2 8 1 9 3
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`A P L 0 0 0 0 9 4 0 3 - 4 0 8
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`U . S . P a t e n t N o : 6 , 2 0 9 , 0 9 9
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`E X H I B I T 2 9 2 0 5
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`C - F i l e
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`E X H I B I T 3 0 2 0 6
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`S o u r c e C o d e C o n t r o l F i l e
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`E X H I B I T 3 1 2 0 7
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`A N C 0 2 7 9 5 8 - 9 6 7
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`S o u r c e C o d e F i l e " B I O S "
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`E X H I B I T 3 2 2 0 8
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`m y b i o s . h h e a d e r f i l e
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`E X H I B I T 3 3 2 0 9
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`d m i . h h e a d e r f i l e
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`E X H I B I T 3 4 2 1 1
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`m y b i o s . c f i l e
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`E X H I B I T 3 5 2 1 5
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`M a p d e v . c f i l e
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`E X H I B I T 3 6 2 1 6
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`B I O S C A N . C P P f i l e
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`E X H I B I T 3 7 2 2 1
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`A N C 0 2 6 2 6 6
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`s c r e e n s h o t
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`E X H I B I T 3 8 2 2 1
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`A N C 0 2 6 2 6 7 - 2 6 9
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`s c r e e n s h o t
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`E X H I B I T 3 9 2 4 9
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`A N C 0 3 5 2 6 2 - 2 7 4
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`d r a f t p r e s e n t a t i o n
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`E X H I B I T 4 0 2 5 3
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`A N C A 5 6 6
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`1 / 1 0 / 2 0 0 3 l e t t e r
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`E X H I B I T 4 1 2 5 5
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`A N C 0 3 6 4 1 7 - 4 2 9
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`5 / 1 1 / 2 0 0 4 E m a i l w i t h a t t a c h m e n t
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`E X H I B I T 4 2 2 5 5
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`A N C A 5 6 7
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`5 / 1 0 / 2 0 0 4 l e t t e r
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`
`Southfield, Michigan
`
`Thursday, October 15, 2015
`
`9:04 a.m.
`
` VIDEO TECHNICIAN: We are now on the
`
` record. Please note that the microphones are
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` sensitive and may pick up whispering or private
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` conversations. Please turn off all cellphones or
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` place them away from the microphones as they can
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` interfere with this deposition's audio. Recording
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` will continue until all parties agree to go off the
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` record.
`
` My name is Shawn Capron, representing
`
` Veritext. The date today is October 15, 2015, and the
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` time is approximately 9:04 a.m. This deposition is
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` being held at 1000 Town Center, Suite 2200, located in
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` Southfield, Michigan, and is being taken for counsel
`
` for the Defendant and Counter Claimant.
`
` The caption is Ancora Technologies, Inc.,
`
` versus Apple Inc. This case is being held in the
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` United States District Court, Northern District of
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` California, Oakland Division. The case number is
`
` C-11-6357-YGR. The name of the witness is Miki
`
` Mullor.
`
` At this time the attorneys present in the
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` room and everyone attending remotely will identify
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` themselves and the parties they represent. Our court
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` reporter, Kathy Adkins, representing Veritext, will
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` swear in the witness and we can proceed.
`
` MR. LEROY: John LeRoy, counsel for Ancora.
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` MR. LORELLI: Marc Lorelli for Ancora.
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` MR. HUNG: Richard Hung of Morrison and
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` Foerster for Apple. With me today is Josh Hartman
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` also of Morrison and Foerster.
`
` MIKI MULLOR,
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` was thereupon called as a witness herein, and after
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` having first been duly sworn to testify to the truth,
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` the whole truth and nothing but the truth, was
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` examined and testified as follows:
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` EXAMINATION
`
`BY MR. HUNG:
`
`Q. Good morning, Mr. Mullor.
`
`A. Good morning.
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`Q. Could you state your full name for the record.
`
`A. Full name is Miki Moshe Mullor.
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`Q. And where do you currently reside?
`
`A. I live in Sammamish, Washington.
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`Q. You understand that you're here today testifying under
`
` oath?
`
`A. I do.
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`Q. Do you recognize Exhibit 4?
`
`A. Yes.
`
`Q. What is Exhibit 4?
`
`A. It looks like something to do with filing the patent
`
` in the United States.
`
`Q. Does Exhibit 4 look to you to be the U.S. application
`
` that resulted in your '941 Patent?
`
`A. I haven't gone through it recently, but I have to, I
`
` have no reason to suspect otherwise; so I have to
`
` think so.
`
`Q. There was an interview that occurred with the Patent
`
` Office while prosecution of the '941 Patent was
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` ongoing, correct?
`
`A. Yes.
`
`Q. And you participated in that interview, correct?
`
`A. Yes.
`
`Q. You attended a meeting at the Patent Office in
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` Washington, D.C., correct?
`
`A. Yes.
`
`Q. What did you do at that meeting?
`
`A. It's many years ago. I answered a few questions the
`
` examiner had.
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`Q. Do you recall being deposed on this issue during the
`
` Microsoft litigation?
`
`A. Must have.
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`Q. Do you recall testifying that you answered a question
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` that was posed by the examiner during the interview?
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` MR. LEROY: Objection to the form of the
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` question.
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`BY MR. HUNG:
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`Q. I'm asking you if that's your memory.
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`A. I don't remember the details. As I say, I remember I
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` did talk to him, did answer questions.
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`Q. As you sit here today, can you remember anything about
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` what you discussed with the examiner during the
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` interview?
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`A. I don't remember the details but it was -- it wasn't
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` part of the formal exchange that the attorneys did. I
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` think it was more general questions about how would
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` you use this technology, or I can't remember the
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` details.
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`Q. You didn't have a formal role at this interview,
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` correct?
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`A. Well, I was the inventor. I was there in the
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` interview. So I was -- I wasn't a visitor.
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`Q. You didn't have a formal speaking role that was
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` assigned to you, correct?
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` MR. LEROY: Objection to the form of the
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` question.
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`A. I think I was at a formal role being the inventor.
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` There was a reason I was in that interview.
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`BY MR. HUNG:
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`Q. Did you actually have a speaking role -- do you recall
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` being asked during your Microsoft deposition whether
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` you actually had a speaking role during the 15-minute
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` interview?
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`A. I don't remember the details.
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`Q. So you don't recall testifying that no, you did not
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` have a speaking role during the 15-minute interview?
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`A. I don't recall the details.
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`Q. And you don't recall saying that, quote, you didn't
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` have a formal role and you were more tagging along to
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` it?
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`A. If I said so, it must be right. This was -- that
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` interview took place probably 14 years ago. The
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` Microsoft deposition took place seven years ago? So
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` my memory has not become any better over the years.
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`Q. So let me re-ask the question.
`
` Do you recall whether you had a formal role
`
` at the 15-minute interview that occurred before the
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` Patent Office?
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` MR. LEROY: Objection to the form of the
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` question.
`
`A. I don't know what "formal" means in the context of
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` that interview. I was the inventor, the coinventor of
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`A. Yes.
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`Q. And those amendments are shown in Exhibit 6, correct?
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`A. Looks like it, yes.
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`Q. And the amendments to the claims, including Claim 1,
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` included adding language referring to an agent,
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` correct?
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`A. Yes.
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`Q. In fact, we see that four pages from the end of
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` Exhibit 6 where you see amendments to Claim 1,
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` correct?
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`A. Yes.
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`Q. When was the last time you reviewed your '941 Patent?
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`A. I don't remember.
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`Q. Have you reviewed it in the last five years?
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`A. Maybe. Look, I work for -- full time for Jobaline.
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` Jobaline is my business. It takes my full attention,
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` 120 percent of the day; so whether I ever looked at
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` this patent in the last five years or not, I don't
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` know, hard to say.
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`Q. You understand that the company of which you were the
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` sole 100 percent shareholder has filed suit against
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` Apple, correct?
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`A. Yes.
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`Q. And you're seeking damages from Apple in this case,
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` correct?
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`Q. Have you seen this document before?
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`A. Yes.
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`Q. And the amendments relating to the word "agent" were
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` entered such that the issued patent refers to an
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` agent, correct?
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`A. Yes.
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` MARKED FOR IDENTIFICATION
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` EXHIBIT 8
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` 9:57 a.m.
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`BY MR. HUNG:
`
`Q. Do you recognize Exhibit 8?
`
`A. Yes.
`
`Q. What's Exhibit 8?
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`A. It's the '941 Patent.
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`Q. And this patent lists you as an inventor, right?
`
`A. Yep. Yes.
`
`Q. If you look at Claim 1, you'll see that there's a
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` reference to an agent. What is an agent, Mr. Mullor?
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` MR. LEROY: Objection to the form of the
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` question. Legal conclusion.
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` Go ahead, you can answer.
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`A. An agent is a program.
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`BY MR. HUNG:
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`Q. I'll represent to you, Mr. Mullor, that with the
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` exception of the claims of the '941 Patent, the word
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` "agent" doesn't appear anywhere in any of the other
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` columns of the patent, does that sound right to you?
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`A. I would agree.
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` MR. LEROY: Objection to the form of the
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` statement.
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`BY MR. HUNG:
`
`Q. Whose idea was it to add the word "agent" to the
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` claims of the '941 Patent?
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` MR. LEROY: Objection to the form of the
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` question.
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`A. I don't recall specifically. It was after the
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` interview at the Patent Office. I don't know who came
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` up with that, was it the attorney or the examiner, but
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` I was not present when that was discussed.
`
`BY MR. HUNG:
`
`Q. So you think Mr. Vlaiko came up with it?
`
`A. No.
`
`Q. Do you see that Claim 1 of the patent refers to a
`
` verification structure?
`
`A. Yes.
`
`Q. As the inventor of the '941 Patent, what's your
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` understanding of what a verification -- of what a
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` verification structure is?
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` MR. LEROY: Objection to the form of the
`
` question, legal conclusion.
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`BY MR. HUNG:
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`Q. Including the reexamination certificate, sir, the '941
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` Patent is nine pages, is that fair?
`
`A. Sounds fair.
`
`Q. Could you take a minute and read Claim 1 silently in
`
` your head and let me know when you're ready.
`
`A. Go ahead.
`
`Q. Ready?
`
`A. Yeah.
`
`Q. You see that Claim 1 refers to restricting software
`
` operation within a license for use with a computer.
`
` Do you see that?
`
`A. Yes.
`
`Q. You weren't the first person to think of restricting
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` software operation based on a license, were you?
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` MR. LEROY: Object to the form of the
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` question.
`
`A. It's in the context of the patent these words have a
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` meaning, so if you want to ask me outside the context
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` of the patent, if I'm the first inventor ever dealt
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` with restricting software? No, of course not.
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` Actually, we talk about it in the background of the --
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` of the invention.
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`BY MR. HUNG:
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`Q. And background of the invention, you agree that there
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` were prior art methods of restricting software
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` according to a license, right?
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` MR. LEROY: Object to the form of the
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` question.
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`A. I don't know if people did exactly what we did in
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` terms of using the word "license," what it means in
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` our patent. In general speaking, yes, in the market
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` there were inventions that were used to restrict
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` software. How they did it specifically, and whether
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` they used the license the way we describe it, I don't
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` know.
`
`BY MR. HUNG:
`
`Q. You would agree with me that when you filed for your
`
` patent application in 1998, there were other companies
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` out there that were selling products that restricted
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` software operation based on licenses.
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` MR. LEROY: Objection to form.
`
`A. What I would agree is that there were companies out
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` there that had technologies and products that help
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` software companies restrict the use of their software.
`
`BY MR. HUNG:
`
`Q. Before you filed for this patent.
`
`A. Yes.
`
`Q. BIOS, you're not the first person to invent a BIOS,
`
` are you?
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`A. I don't believe I invented a BIOS.
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`Q. BIOSES existed before your application was filed,
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` right?
`
`A. Most certainly did.
`
`Q. And those BIOSES had erasable nonvolatile memory
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` areas, right?
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` MR. LEROY: Object to the form of the
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` question.
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`A. Some BIOSES had erasable writable memory area, yes.
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`BY MR. HUNG:
`
`Q. Before you filed your application.
`
`A. Yes.
`
`Q. The idea of a selecting a program that resides in
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` volatile memory, you weren't the first person to think
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` of that, were you?
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` MR. LEROY: Objection to the form of the
`
` question.
`
`A. No.
`
`BY MR. HUNG:
`
`Q. The concept of an agent, a program as you said, you're
`
` not the first person to think of the use of an agent,
`
` are you?
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` MR. LEROY: Objection to the form of the
`
` question.
`
`A. The -- no, I'm not -- I did not invent programs,
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` correct.
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`BY MR. HUNG:
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`Q. And you see that the claim refers to a verification
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` structure accommodating data that includes at least
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` one license record, do you see that?
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`A. Yes.
`
`Q. The idea of a structure accommodating data, you're not
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` the first person to think of that, are you?
`
`A. No.
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` MR. LEROY: Objection to the form of the
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` question.
`
`BY MR. HUNG:
`
`Q. The idea of verifying a program based on a license
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` that's stored in memory, you're not the first person
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` to think of that, are you?
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` MR. LEROY: Objection to the form of the
`
` question.
`
`A. The word "memory" is very broad. I'm the first one,
`
` me and Julian were the first one to think about
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` verifying a program using a license or data that was
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` stored in memory area of the BIOS, of the erasable
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` nonvolatile memory of the BIOS.
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`BY MR. HUNG:
`
`Q. Were you the first person to think of the idea of
`
` verifying a program based on a license that is stored
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` in any kind of memory?
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` MR. LEROY: Objection to the form of the
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` question. Asked and answered.
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`A. I already answered the question.
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`BY MR. HUNG:
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`Q. I'm not limiting the question to the BIOS memory.
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` Were you the first person to think of
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` verifying a program based on a license that was stored
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` somewhere?
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` MR. LEROY: Objection to the form of the
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` question.
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`A. As I said, I was the first one with Julian. We were
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` the first ones to think of verifying a program with
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` license that we stored in the BIOS of the computer.
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` Did other people do other things? Yes.
`
`BY MR. HUNG:
`
`Q. That's what I'm trying to understand.
`
` Before you and Julian, Mr. Vlaiko, filed
`
` for your patent, there are other people in the world
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` that were verifying a program based on a license that
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` was stored not in BIOS memory?
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`A. Yes. And if you recall the tutorial here we had at
`
` the court, I gave very extensive background on how I
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` came into even thinking about the space that this
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` invention is in, and it was, it came out of
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` frustration with other technologies that were
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` available back then. It came out of a need that I had
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` to protect a software that I was developing unrelated
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` to this patent.
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` MR. HUNG: Move to strike everything after
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` "yes" as nonresponsive. This is a formal thing for
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` the Court when the Court is ruling upon this. I'm not
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` expecting you to respond to my note now.
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` MR. LEROY: I appreciate your expectation
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` but I object to your note as improper.
`
`BY MR. HUNG:
`
`Q. Mr. Mullor, putting aside the tutorial -- okay? --
`
` can you put it aside for a second?
`
`A. Sure.
`
`Q. I'm just asking you whether you're the first person to
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` invent with Mr. Vlaiko the idea of verifying a program
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` based on a license that's stored in somewhere else
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` other than BIOS memory.
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` MR. LEROY: Object to the form of the
`
` question.
`
`A. As I said, it's a lot easier to answer what we did
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` invent, not what we did not invent, and I don't know
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` what other people did, because I don't know how they
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` specifically implemented their inventions.
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` I know that there were other products in
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` the market back then that were protecting software. I
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` did not go into the details of how they're doing it.
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` I do know they did not use the BIOS.
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`BY MR. HUNG:
`
`Q. Verifying programs, as a general concept, you didn't
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` invent that, right?
`
` MR. LEROY: Object to the form of the
`
` question.
`
`A. Verifying programs is -- there are technologies out
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` there that verify programs. There are many
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` technologies to verify programs. Each vendor had
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` their own approaches to it and did I invent what
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` they've done? No, obviously.
`
` So back then you had little dongles, a
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` little piece of hardware you attach to a computer, and
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` you would verify a program with that. Did I invent
`
` that? No, absolutely not. There were software
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` products that would write some kind of files, data on
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` to the hard drive of the computer. Did I invent that?
`
` No.
`
`BY MR. HUNG:
`
`Q. The idea of acting on a program if you can verify it,
`
` you didn't invent that, did you?
`
` MR. LEROY: Object to the form of the
`
` question.
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`A. The -- first of all, I don't know if I like the word
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` "idea." I think, again, if you look at the different
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` products out there that were available back then, even
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` today, some of these products do actions that you
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` would consider acting the way we describe it here in
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` the patent.
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` Obviously they were doing it before we
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` filed for the patent, so I did not invent what they
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` were doing.
`
`BY MR. HUNG:
`
`Q. Are you a cryptographer, Mr. Mullor?
`
`A. Am I a cryptographer? I don't think so. I would not
`
` consider myself a cryptographer.
`
`Q. Do you understand how RSA works?
`
`A. In general terms I do, yes.
`
`Q. Public key cryptography existed before you filed for
`
` your patent application, correct?
`
`A. Why.
`
`Q. You've heard of the digital standard specification,
`
` DSS?
`
`A. Yes.
`
`Q. That existed before you filed your patent application,
`
` right?
`
`A. I don't know. I don't know when it was invented.
`
`Q. The idea of public private keys, you didn't invent
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` 183 says, the kernel mode driver says "is responsible
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` for maintaining Beeble licenses in the EEPROM," do you
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` see that?
`
`A. Yes.
`
`Q. Is that inaccurate?
`
`A. No.
`
`Q. And then subsequently at the same page, Ancora 183,
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` this white paper refers to data location, do you see
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` that?
`
`A. Yes.
`
`Q. And it refers to a solution to this problem is to
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` utilize a BIOS feature called DMI. Do you see that?
`
`A. Yes.
`
`Q. What is DMI?
`
`A. DMI at least back then was a standard that enabled
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` computer manufacturers to store data about which
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` hardware components are connected to that computer,
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` installed in that computer.
`
`Q. Is DMI something that you created?
`
`A. No.
`
`Q. Did Beeble create DMI?
`
`A. No.
`
`Q. Is it a specification?
`
`A. There is a specification, yes.
`
`Q. Do you know when DMI was created?
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`A. I do not recall right now.
`
`Q. At the time that you wrote this white paper,
`
` Exhibit 9, did you know about DMI?
`
`A. Yes, of course, obviously, talking about it.
`
`Q. If you look at the next page there's a reference to
`
` EEPROM writing, do you see that?
`
`A. Yes.
`
`Q. And it indicates "Beeble will attempt to write license
`
` data by utilizing the DMI function in 52h," I think.
`
` Correct?
`
`A. Yes.
`
`Q. What does that mean?
`
`A. If I remember correctly, when -- before we filed for
`
` this patent, we built a prototype, and the prototype
`
` was to prove can we actually -- can this invention
`
` actually work, and we were looking for ways to write
`
` to the BIOS and, if I can remember correctly, we found
`
` out that there's a function in the DMI specification
`
` that if the BIOS has, not all BIOSES had this
`
` function, but if it has this function, we could
`
` repurpose it with special software to actually write
`
` data to the structure of the DMI.
`
` And when we built the prototype, if I
`
` remember correctly, we used that. Now, I cannot give
`
` you a hundred percent answer unless we go back to the
`
`Veritext Legal Solutions
`866 299-5127
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`Page 66
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` code, but I'm pretty sure that's the reason it's here
`
` in this document.
`
` MARKED FOR IDENTIFICATION
`
` EXHIBIT 10
`
` 10:50 a.m.
`
`BY MR. HUNG:
`
`Q. Mr. Mullor, do you recognize Exhibit 10?
`
`A. I don't have specific recollection but I'll give you
`
` the same answer as I gave you to the other white
`
` paper.
`
`Q. What is Exhibit 10?
`
`A. It's a technology overview white paper.
`
`Q. Did you author this document?
`
`A. Has my name on it. I have no reason to believe
`
` otherwise.
`
`Q. Is it a document that you wrote on or around
`
` September 2002?
`
`A. That's what the date says. I don't remember
`
` specifically writing this document because to be
`
` honest it's been a long, long time.
`
`Q. Your '941 Patent had issued as of the date of this
`
` document, September 2002, correct?
`
`A. Yes, it was issued in June 2002.
`
`Q. If you look at page three of this document, it refers
`
` to hardware stamping and also refers to the '941
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`Veritext Legal Solutions
`866 299-5127
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` Patent, do you see that?
`
`A. Yes. Yes, I do.
`
`Q. And then page three of Exhibit 10, this white paper
`
` says that hardware stamping is a license -- "a
`
` software licensing method that implements software
`
` licenses as DMI structures in the PC BIOS Flash ROM."
`
` Do you see that?
`
`A. Yes.
`
`Q. What's that mean?
`
`A. It means in this paper we were trying to explain what
`
` the -- what is it that we do, what is Beeble, and we
`
` describe, you know, one way to implement the
`
` inventions in the patent in the context of a real-life
`
` solution. How would this -- how this would work in
`
` real life.
`
`Q. As of this date, were you using writing to EPROMs
`
` using technologies bes
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