l which flows through the impedance which is across
`2 the selected contacts. That's what -- this is one
`
`Page 166
`
`Page 168
`the resistors, the 4.7k resistors labeled 128 and
`1
`2 129?
`
`\OOO\lO\UI-BL»)
`
`A They are controlling -- or limiting
`the current flow into the two lines that go back to
`the central module.
`
`3 embodiment, regardless of how you generated that
`4 current, the other end would interpret it the same
`5 way. And they show several ways of doing it.
`6
`Q So how does -- if we were to look at
`Q Are either one of these impedance --
`7 Figure 10 that you give an example of, are you
`sorry. Let's assume that these are impedances
`under your definition. Is resistor 128 or 129
`8 saying that -- are you saying that the
`9 distinguishing information in Figure 10 is
`placed to distinguish in Figure 10?
`A Yes, I think that this impedance
`10 everything connected between those contacts? Where 10
`11 is the distinguishing information in Figure 10
`11 network in here is placed to -- to allow the
`12 coming from?
`12 distinguished information to be communicated.
`13
`A It comes from the current through
`13
`Q Specifically, let's say resistor 128.
`14 this resistor network which is being modified by
`14
`A 128.
`15 the processor at the bottom left.
`15
`Q That specific resistor 128. Is it or
`16
`Q So the -- what is the distinguishing
`16 is it not placed to distinguish? The Ethernet data
`17 information there?
`17 terminal.
`
`A Yes. It's part of the circuit. If
`18
`MR. KRIEGER: Objection, form.
`18
`19 it wasn't there, the circuit wouldn't work and it
`A The distinguishing information is the
`19
`20 wouldn't distinguish.
`20 identification number which is transmitted back.
`21
`Q ButI am asking specifically just
`21
`Q (BY MR. BLUESTONE) And that
`22 identification number comes from the microprocessor 22 about that one element right there. That one
`23 122?
`23 element that has an impedance of 4.7 kilo ohms.
`24
`A And is transmitted through the
`24
`A Mm-hmm.
`25 resistor networks here.
`I mean, I don't -- the
`25
`Q Does that in and of itself, by
`
`Page 167
`
`Page 169
`
`1 claim does not say there can't be anything but
`2 impedance in there; right? I mean, it doesn't rule
`3 out the fact there could be other elements. Could
`4 certainly envision a simpler method than this.
`5
`Q Let's talk about paragraph 23.
`6
`A Of?
`7
`Q Exhibit 2. Now, you've discussed the
`8 breadth of the field in paragraph 23.
`9
`A Yes.
`10
`Q You said there's "500 patents as
`11 references."
`12
`A Mm-hmm.
`13
`Q Is it limited to just those 500 or
`14 could it be more?
`
`A I would think it could be more.
`15
`16
`Q Okay. Do you have any estimate of
`17 how many you think it could be in this field?
`1 8
`A No.
`
`Q But the ‘O12 patent is just one among
`19
`20 these several hundred references; correct?
`21
`A Correct.
`
`Q In Figure 10, sorry, I'm going to go
`22
`23 back to this real quick.
`24
`A Okay.
`25
`Q In Figure 10, what's the purpose of
`
`looking at this schematic, tell whether you it's
`1
`2 placed to distinguish?
`3
`MR. KRIEGER: Objection, form.
`4
`A You're saying by looking at the
`5 schematic does it tell you that that's placed? I
`6 mean, if there was nothing else there; is that the
`7 question?
`8
`Q (BY MR. BLUESTONE) Mm-hmm.
`9
`A Beg pardon?
`10
`Q Mm-hmm. Correct.
`11
`A If there was just that one resistor?
`12
`Q Sure.
`13
`A Well, one thing, it's not clear what
`14 the other end would be hooked to if there was
`
`15 nothing else. But it's part of the circuit that
`16 provides the impedance that -- that's associated
`17 with the distinguishing information and if it
`18 wasn't there, the circuit wouldn't work.
`
`Q Okay. So let's do Exhibit 9.
`19
`(Exhibit 9 marked for identification
`20
`21 by the court reporter.)
`22
`Q (BY MR. BLUESTONE) This is, to be
`23 clear, not a figure from the patent. This is a
`24 modification of, I believe it was Figure 2.
`25
`A Yes, I see that.
`
`www.veritext.com
`
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`
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`0043
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`Page 170
`
`Q
`1
`You are probably aware that this was
`2 not a figure exactly, but it might serve a purpose
`3 to help where we're going with this questioning
`4 here.
`5
`
`If that box with the 25 kilo ohm
`
`6 resistor in there is the Ethernet data terminal, do
`
`7 we know whether it's -- that resistor right there
`8 has been arranged to distinguish?
`9
`A
`I'm sorry, are you saying the box is
`10 Ethernet data terminal?
`
`Yeah, there's two labels on it now,
`
`11Q
`12 16, 13, 14, they're all touching the same box.
`13
`A Okay, because the way this picture
`14 was drawn, 3a was the Ethernet device and this was
`15 a module that was inserted in front of it.
`16
`Q Okay.
`17
`A But however you want it to be.
`18
`Q Whichever way you want it to be,
`19 that's fine.
`20
`A All right. So then the question is?
`21
`Q Well, do I know, just by the presence
`22 of this 25 kilo ohm resistor in this black box,
`23 whether that device has been arranged to
`24 distinguish?
`25
`MR. KRIEGER: Objection, form.
`
`1
`
`Page 172
`THE VIDEOGRAPHER: We're back on the
`
`2 record at approximately 3:11 p.m.
`3
`EXAMINATION
`
`P-‘©\D0O\l®UI
`
`4 QUESTIONS BY MR. KRIEGER:
`Q Mr. Baxter, please pull out Exhibit 2
`and turn to page 12 and read paragraph 35.
`A "The plain and ordinary meaning of
`‘distinguish’ (from the Merriam Webster Collegiate
`Dictionary, 1998) is ‘to separate into kinds,
`classes, or categories.‘ Synonyms (from
`>—I>—a
`thesaurus.com) include categorize, classify, and
`12 characterize. Thus, contrary to Defendants‘
`13 proposed construction, ‘Distinguish’ does not imply
`14 that a particular item is necessarily uniquely or
`15 individually identified."
`16
`Q As you sit here today, do you still
`17 stand by that testimony?
`18
`A The testimony of paragraph 35?
`19
`Q That you just read; correct.
`20
`A Yes, I do.
`21
`Q Is it your testimony today that
`22 distinguish is limited to or should be defined as
`23 "to separate into kinds, classes, or categories"
`24 for the purposes of this case?
`25
`A No, it is not.
`
`Page 171
`
`Page 173
`
`A Well, again, I think it's -- as I
`1
`2 have said many times, you have to look at all the
`3 elements of the claim, in particular was it, is it
`4 on the contacts, this, that, and the other, and it
`
`5 was there in order to provide distinguishing
`6 information about this thing. If not, then no. If
`7 yes, then yes.
`8
`Q (BY MR. BLUESTONE) So you need to
`9 know the intent of the designer in placing that 25
`10 kilo ohm resistor; correct?
`11
`A
`Yeah. The purpose of it, yes.
`12
`MR. KRIEGER: Objection to form.
`13
`MR. BLUESTONE: All right. I don't
`14 have any further questions. You guys on the line
`15 have anything you want to put in before I turn it
`16 over to Tim?
`17
`18
`19
`MR. KRIEGER: Can we take a quick
`20 break and then come back on the record?
`21
`MR. BLUESTONE: Sure.
`22
`MR. KRIEGER: Great.
`23
`
`MR. PARK: Samsung does not.
`MR. YUNGWIRTH: No.
`
`THE VIDEOGRAPHER: We're going off
`24 the record at approximately 2:50 p.m.
`25
`(Off the record.)
`
`Q During the deposition earlier today,
`1
`2 I believe you discussed the operation of a blocking
`3 circuit. Do you remember that?
`4
`A Yes, I do.
`
`Q Is it your testimony today that the
`5
`6 terminal equipment must be operationally powered
`7 for the blocking circuit to work?
`8
`MR. PARK: Objection, form.
`9
`A No, the terminal equipment does not
`10 have to be powered.
`._¢
`,_4
`MR. KRIEGER: I have no further
`
`questions.
`MR. BLUESTONE: Quick redirect.
`RE-EXAMINATION
`
`>—a>—A>—A
`
`-BUJIQ
`
`15 QUESTIONS BY MR. BLUESTONE:
`16
`Q During the break, Mr. Baxter, did you
`17 have any discussions with counsel?
`18
`A Yes.
`
`Q And what did you discuss with counsel
`19
`20 during the break?
`21
`MR. KRIEGER: Objection.
`22
`MR. BLUESTONE: He's under oath. You
`
`23 guys are talking in the middle of testimony, I'm
`24 entitled to know what you talked about on the break
`25 as it relates to his testimony.
`
`www.veritext.com
`
`Veritext Legal Solutions Midwest
`
`44 (Pages 170 - 173)
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`888-391-3376
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`bit 1033
`
`0044
`
`Aerohive - Exhibit 1033
`0044
`
`

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`F-‘©\OOO\lO\‘JI-PD-)
`\]O\lII-I59-)l\3
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`>--I>—d
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`Page 174
`MR. KRIEGER: You're not entitled to
`1
`2 know our communications.
`
`MR. BLUESTONE: If he is under oath,
`
`you can't coach him in his testimony in the course
`of his deposition.
`MR. KRIEGER: I didn't coach him.
`
`MR. BLUESTONE: Right. So then I'm
`entitled to know what you guys talked about.
`Correct?
`MR. KRIEGER: Let me confer on that
`
`if you wouldn't mind. I don't think you are
`correct on that but I'll check real quick if you
`want.
`
`MR. BLUESTONE: If you can make it,
`I'm trying to hop on a flight, if you can make it
`super quick?
`MR. KRIEGER: I will. I'll do my
`18 best real quick.
`19
`THE VIDEOGRAPI-IER: We're going off
`20 the record at approximately 3:14 p.m.
`21
`(Off the record.)
`22
`THE VIDEOGRAP1-IER: We're back on
`
`23 record at approximately 3:17 p.m.
`24
`MR. KRIEGER: You know, as previously
`25 discussed, I think on another issue the defendants
`
`Page 176
`
`1 you're entitled to know anything about my
`2 communications to my expert unless he relied on
`them. So if you can narrow your question to that,
`then he can answer. I think you got to cross that
`bridge first. And then you can get into subject
`matter if he says the answer is yes, I relied on
`something.
`MR. BLUESTONE: But I think that's a
`
`
`
`[\)>—A>—A>—A>—I>—->—A>—A>—I>—I>—a>-"\OOO\lO\kIl-BbJl\.)>¥©\D0O\lO’\l.lI-BU)
`
`little bit of a loaded framework. I think you're
`in the middle of testimony, he's under oath and my
`understanding is you can't give him guidance on how
`you want him to testify.
`Now, whether he says he relies on it
`or not is going to shut down my question.
`I don't
`lmow what he's going to say to that. But you're
`basically telling him I'm not -- that's privileged
`and I'm not going to let him go -- and know whether
`or not you've told him the areas of testimony that
`you're going to ask him about?
`MR. KRIEGER: If he relies on
`
`anything that I tell him, you guys are entitled to
`it. So you can ask him if there's anything else
`that I have told him that hasn't been discussed
`
`earlier today that he relied on. And if the answer
`is yes, then he can discuss it with you. If the
`
`Page 175
`
`Page 177
`
`1 are not entitled to any communications to the
`2 expert that he doesn't rely on. So you may ask him
`3 if he relied on any communications on a break, and
`4 that's it.
`
`5
`
`MR. BLUESTONE: Well, I'll ask a
`
`6 question and you can object as you see appropriate.
`7
`MR. KRIEGER: Okay.
`8
`Q (BY MR. BLUESTONE) You have had two
`9 -- since we concluded our questioning you have had
`10 two meetings with counsel before this time;
`11 correct?
`12
`A Two? Or --
`
`Q There have been two separate
`13
`14 discussions since I concluded my questioning; is
`15 that right?
`16
`MR. KRIEGER: You can answer that
`
`17 question.
`18
`A I mean, you count when I came out,
`19 briefly went back in?
`20
`Q (BY MR. BLUESTONE) Yeah.
`21
`A Yes.
`
`Q Okay. In the first conversation did
`22
`23 counsel tell you any questions they were going to
`24 ask you before you came back?
`25
`MR. KRIEGER: Hold on. I don't think
`
`answer is no, then you're not entitled to know the
`subject matter of those communications.
`Q (BY MR. BLUESTONE) Mr. Baxter, did
`you rely on any aspect of any communications with
`counsel to form an understanding as to what areas
`of testimony you should modify or alter?
`A No.
`
`OO\lO\'JI-l>LoJl\)P-‘
`
`Q Okay. Did you have any
`9 communications with counsel regarding your
`10 testimony prior to the conclusion of this
`11 deposition?
`12
`MR. KRIEGER: And objection, it calls
`13 for privileged communications and I instruct the
`14 witness not to answer.
`
`Q (BY MR. BLUESTONE) Okay. And you're
`15
`16 not going to answer that question?
`17
`A That's correct.
`
`MR. KRIEGER: I don't see where you
`18
`19 guys are entitled to anything that he didn't rely
`20 on, so.
`
`MR. BLUESTONE: We obviously have a
`21
`22 dispute. I just wanted to make sure --
`23
`MR. KRIEGER: Yeah --
`24
`MR. BLUESTONE: -- the record was
`
`25 clear for which -- we can take that up with the
`
`www.veritext.com
`
`Veritext Legal Solutions Midwest
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`0045
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`Page 178
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`Page 180
`
`1 judge later.
`2
`MR. KRIEGER: No, no, if you -- and
`3 if you have any like rule or something that you
`4 want to give to us, we'll definitely consider it.
`5
`MR. BLUESTONE: Okay.
`6
`MR. KRIEGER: I just don't -- you
`7 know, my -- I know the rules right now, so if there
`8 is something else that I'm missing, let us know.
`9
`MR. BLUESTONE: Yeah, we'll agree to
`10 disagree on here.
`11
`MR. KRIEGER: That's fine.
`
`MR. BLUESTONE: We don't need to, you
`12
`13 know, be uncivil about it --
`
`MR. KRIEGER: Right. I agree.
`14
`MR. BLUESTONE: -- notwithstanding
`15
`16 our obvious disagreement.
`17
`MR. KRIEGER: Agreed. No.
`18
`Q (BY MR. BLUESTONE) Okay. So in
`19 paragraph 35 --
`20
`A Mm-hmm.
`
`Q -- you previously had said to me
`21
`22 during the course of the deposition that you
`23 understood that the plain and ordinary meaning of
`24 distinguish, in view of the intrinsic evidence, was
`25 accurately described in paragraph 35.
`
`Page 179
`
`1
`2
`
`A And I also --
`MR. KRIEGER: Hold on. I didn't know
`
`3 that was the end of the question.
`4
`THE WITNESS: Okay.
`5
`MR. KRIEGER: You got to wait -- you
`6 know, if that's the end of the question, object to
`7 form.
`
`Q (BY MR. BLUESTONE) Is what you -- is
`8
`9 my understanding correct of what your prior
`10 testimony was, that paragraph 35 was an accurate
`11 representation of the plain and ordinary meaning of
`12 distinguish as applied to the asserted claims in
`13 View of the intrinsic evidence?
`
`14
`15
`
`MR. KRIEGER: Objection to form.
`A As I stated seems like several times,
`
`16 I like the word distinguish, I am not suggesting
`17 that we replace that word in the claims. That
`18 claim -- or paragraph 35 was in there specifically
`19 to rebut the unique identifier construction which
`20 the defendants had presented. And I used the
`21 dictionary definitions for that purpose and it's
`22 not my intent to replace the word distinguish in
`23 that claim. I think the claim is clear and speaks
`24 for itself.
`
`25
`
`Q (BY MR. BLUESTONE) Okay. But if
`
`1 you're making an explanation of what the plain and
`ordinary meaning of distinguish is, in view of the
`intrinsic evidence, are your statements in claim 35
`accurate? Are you -- let me rephrase this. Are
`you recanting what you stated in claim 35? I'm
`sorry, paragraph 35?
`MR. KRIEGER: Objection to form.
`A Am I recanting paragraph 35?
`Q (BY MR. BLUESTONE) Yes.
`A No.
`
`\OOO\lO\'JI-l>Lo2l\)I—‘©\O0O\lO\kII-hbilxl
`
`>->->-r—A>—->->->—Ar—A>—I
`
`Q Do you stand by paragraph 35 in
`everything that it says?
`A Yes, but only what it says.
`Q Okay. And do you stand by the fact
`that the plain and ordinary meaning of distinguish,
`as reviewed -- afier review of the intrinsic
`
`evidence as it applied to these claims, is what you
`said in paragraph 35?
`MR. KRIEGER: Objection, form.
`A I stand by what I said in paragraph
`right.
`Q (BY MR. BLUESTONE) Right. And
`paragraph 35 applies in view of the intrinsic
`evidence as you've reviewed it; correct?
`MR. KRIEGER: Objection, form. This
`
`Page 181
`
`question has been asked like 15 times in little
`slightly different ways, so we're -- if we're not
`at the harassing point, we're getting close to it
`here.
`
`I mean, if you tricked him before,
`are you trying to trick him again? Or I don't get
`the, you know --
`MR. BLUESTONE: I would definitely
`not say there's any trick. My concern is we had
`what I thought was clear testimony and I still
`think it stands on what it is and we'll object to
`any changes that you have made and our inability to
`figure out why he said it was not his definition,
`apparently. I just want to make sure what his
`position is on 35 .
`Q (BY MR. BLUESTONE) You stand by the
`statement on 35; correct? Just to be clear.
`A The statement in 35, which gives I
`dictionary definition and uses it to refute the
`defendants‘ claim construction, yes.
`Q And this is the plain and ordinary
`meaning of distinguish in View of the intrinsic
`evidence; correct?
`
`MR. KRIEGER: Objection to form.
`A In view of the definitions there,
`
`0
`
`[\)[\)>—I>—->—A>—Ar—I>—a>—A>—A>—A>—AI’-"©\O0O\IO\l.lI-BUJIQP-‘©\OOO\lO\LlI-l>UJl\)P-‘
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`
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`
`46 (Pages 178 - 181)
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`Page 182
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`Page 184
`
`1 yes.
`Q (BY MR. BLUESTONE) But what I'm
`2
`3 asking you is not only just a definition. Does
`4 this definition that you have put under paragraph
`5 35 apply to the claims in view of the intrinsic
`6 evidence?
`7
`A Well, let me say again I think
`8 distinguish is the best word to use there. I think
`9 the claim is clear as it is.
`
`Q (BY MR. BLUESTONE) -- whether or not
`1
`2 this -- you -- I just want to know whether or not
`3 you've said the plain and ordinary meaning of
`4 distinguish is to separate into kinds, classes, or
`5 categories; right?
`6
`A In ordinary English, yes.
`7
`Q Yes. And does that ordinary English
`8 definition apply to the claims after you reviewed
`9 the intrinsic evidence?
`
`Q Okay. And that's fine. But my
`10
`11 question is not whether or not you prefer
`12 distinguish. My question is, in paragraph 35, does
`13 this plain and ordinary meaning of distinguish
`14 apply in View of the intrinsic evidence to these
`15 patent claims?
`16
`MR. KRIEGER: Objection to form.
`17 This is the same question, it's been asked like 20
`18 times now.
`I need an
`19
`MR. BLUESTONE: I know.
`20 answer to it and once I get an answer, we can be
`21 done.
`
`MR. KRIEGER: Objection, form.
`10
`A I think it helps illuminate the
`11
`12 meaning of distinguish m that claim, yes.
`13
`Q (BY MR. BLUESTONE) But that's not
`14 answering my question. Does it or does it not
`15 apply?
`16
`A But that's what I think about. I
`17 mean, I get the feeling you're asking me for some
`18 kind of legal conclusion that I'm not prepared to
`19 give. I've told you what I think numerous times.
`20
`Q Okay. So --
`21
`MR. KRIEGER: It sounds to me like
`
`MR. KRIEGER: He gave you an answer
`22
`23 and he gave an answer before.
`24
`A I don't know what I can say that I
`25 haven't said already. I mean, this is a...
`
`22 you have your testimon --
`23
`Q (BY MR. BLUESTONE) Okay. So --
`24
`MR. KRIEGER: -- which you believe
`25 conflicts with what he might have said at other
`
`Page 183
`
`Page 185
`
`Q (BY MR. BLUESTONE) I think it's a
`1
`2 yes or no question. Paragraph 35 --
`3
`MR. KRIEGER: You keep on sneaking
`4 in --
`
`1 times. So it seems like we're going in circles
`2 here, we keep on getting the same answer. Do you
`3 want to just cut it off and go with what's on the
`4 record?
`
`MR. BLUESTONE: Let me ask one last
`5
`MR. BLUESTONE: I'm not sneaking in
`5
`6 question.
`6 anything, sir. This is very simple. And this is
`7
`Q (BY MR. BLUESTONE) During the course
`7 not a -- this is not what I understand to be a
`8 of my original line of questioning, was there
`8 complicated question. This is very simple.
`9 anything that you said with respect to paragraph 35
`9
`Q (BY MR. BLUESTONE) Does the plain
`10 that you thought was inaccurate?
`10 and ordinary meaning, as you put forth in paragraph
`11
`A You know, we've been through this so
`11 35, apply to the claims in view of the intrinsic
`12 many times.
`12 evidence?
`13
`MR. KRIEGER: Objection to form. You
`13
`MR. KRIEGER: Objection to form.
`14 need a copy of the transcript in order to make that
`14
`A I think it helps to inform about the
`15 meanings of distinguish in case someone didn't know 15 statement. I don't know how he's going to answer
`16 but I think the claim is perfectly clear as it is.
`16 that question. He's going to have to think about
`17 I don't propose that we replace distinguish with
`17 exactly what he said and remember it? I mean, come
`18 any other word for that claim.
`18 on.
`A We went through that about six times
`19
`Q (BY MR. BLUESTONE) So you can't
`19
`20 answer my question? You can't tell me whether --
`20 and...
`21
`MR. KRIEGER: Objection --
`21
`Q (BY MR. BLUESTONE) But this is --
`22
`A I think I've answered it several
`22 this is my last question. Sitting here right now,
`23 times. That's the problem.
`23 we have gone through the whole deposition, you have
`24
`MR. KRIEGER: Everybody's got to take
`24 had time to reflect.
`25 time so I can object.
`25
`Is there anything in your
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`Page 186
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`1
`
`CERTIFICATE OF REPORTER
`
`2 3
`
`I, TARA SCHWAKE, a Registered
`4 Professional Reporter and Notary Public within and
`5 for the State of Illinois, do hereby certify that
`6 the witness whose testimony appears in the
`7 foregoing deposition was duly sworn by me; that the
`8 testimony of said witness was taken by me to the
`9 best of my ability and thereafter reduced to
`10 typewriting under my direction; that I am neither
`ll counsel for, related to, nor employed by any of the
`12 parties to the action in which this deposition was
`13 taken, and further that I am not a relative or
`
`14 employee of any attorney or counsel employed by the
`15 parties thereto, nor financially or otherwise
`16 interested in the outcome of the action.
`
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`Notary Public in and for
`The State of Illinois
`
`1 recollection, sitting here right now, with respect
`2 to paragraph 35, that you said, before Mr.
`3 Krieger's questioning, that you believe was
`4 inaccurate?
`
`5
`
`A You know, I would have to look at the
`
`6 transcript to tell you. I mean, I can't --
`7
`Q (BY MR. BLUESTONE) You're not aware
`8 of anything sitting right now?
`9
`A I may have said things I didn't mean
`10 to say, I may have not realized what I said, I may
`11 have not appreciated what I said, or maybe I didn't
`12 say anything. You know, I don't know. I would
`13 have to -- it's not unusual, when reading a
`14 transcript, to, when you see the words on paper
`15 say, oh, gosh, did I say that? I mean, it happens.
`16
`Q Okay.
`17
`A And I just don't remember.
`18
`MR. BLUESTONE: Okay. All right. I
`19 don't have any further questions at this time.
`20
`MR. KRIEGER: Oh, before we go off
`21 the record, we reserve the opportunity to read and
`22 sign.
`THE VIDEOGRAPHER: We're going off
`23
`24 the record at approximately 3:29 p.m.
`25
`MR. KRIEGER: Can we get a
`
`Page 187
`
`Page 189
`
`1 compilation of how many hours we spent?
`2
`THE REPORTER: Yes. You said you
`3 need a transcript and a rough draft?
`4
`MS. PESCHEL: Transcript and rough
`5 d1"aft, yes.
`6
`MR. KRIEGER: 1'11 figure it out and
`7 let you know. Amy will get ahold of you.
`8
`MR. BLUESTONE: We need a rough draft
`9 as well as the transcript.
`10
`THE REPORTER: Anyone on the phone
`-
`1 1 need 3' transcnpt?
`12
`MR. PARK: None for me.
`13
`MR. YUNGWIRTH: No, thank you.
`14
`(Wherein, the taking of the instant
`15 deposition ceased at 3:29 p.m.)
`16
`(Deposition to be read and signed by
`17 the witness,)
`
`C}33l',31IfI(;§$‘13TI(")IIfI":E)"F":§IVTNESS
`
`1
`2
`3 CI\hii1?r-nla:4S7;s:ims, Inc., et a1.v. Alcatel-Lucent
`4 WITNESS‘ NAME: Leslie Alan Baxter
`DATE OF DE1’0Sm°1‘_'= 10/22/2014
`In accordance with the Rules ofCivil
`5
`6 fu‘;je°§fi“;l°;;;‘j)jjgf1;sd1§';:§e“;§fj'I';§?Pt°f
`7
`Ihave made no changes to the testimony
`8 “S '‘‘‘“'°“'’‘’‘''’’ ''‘° °°“" ”"°"'”"
`9
`D
`Le 1' A] B
`10
`Stsvom to and subssciIbedab1efo:xet1erie,a
`,
`N
`Pub1i'
`dfthStatedC
`ll th:t1:yierence‘dlvl;iE:11ess°did;ersomIlly apggty
`and acknowledge that:
`They W, W, m, uanscript;
`a
`en ; an
`glizrzigffd use f°‘e€°i'18 5W°"1
`Their execution ofthis Statement is of
`the" flee "°' and deed"
`I have affixed my name and ofificial seal
`
`'2
`13
`14
`15
`16
`
`1 8
`1 9
`
`20
`3;
`23
`24
`
`25
`
`this
`
`day of
`
`, 20
`
`Notary Public
`CommissionExpirationDate
`
`17
`
`18
`19
`
`20
`
`3%
`2324
`25
`
`www.veritext.com
`
`Veritext Legal Solutions Midwest
`
`48 (Pages 186 - 189)
`
`888-391-3376
`
`bit 1033
`
`0048
`
`Aerohive - Exhibit 1033
`0048
`
`

`
`Page 190
`
`DEPOSITION REVIEW
`CERTHTICATION OF \VITNESS
`
`ASSIGNMENT NO: 1947492
`CASE NANIE: Chrimar Systems, Inc., et al. v. Alcatel-Lucent
`DATE OF DEPOSITION: 10/22/2014
`WITNESS‘ NAME: Leslie Alan Baxter
`In accordance with the Rules of Civil
`Procedure, I have read the entire transcript of
`my testimony or it has been read to me.
`I have listed my changes on the attached
`Errata Sheet, listing page and hue numbers as
`well as the reason(s) for the change(s).
`I request that these changes he entered
`as part ofthe record ofmy testimony.
`
`I have executed the Errata Sheet, as well
`as this Certificate, and request and authorize
`that both be appended to the transcript ofmy
`testimony and be incorporated therein.
`Date
`Leslie Alan Baxter
`
`Sworn to and subscribed before me, a
`Notary Public in and for the State and County,
`the referenced witness did personally appear
`and acknowledge that:
`They have read the transcript;
`They have listed all oftheir corrections
`in the appended Errata Sheet;
`They signed the foregoing Sworn
`Statement; and
`Their execution of this Statement is of
`their free act and deed.
`I have affixed my name and oflicial seal
`day of
`
`this
`
`20
`
`,
`
`.
`
`Notary Public
`
`Commission Expiration Date
`
`ERRATA SHEET
`VERITEXT LEGAL SOLUTIONS MIDWEST
`ASSIGNMENT NO: 1947492
`
`PAGE/LlNE(S)/
`
`CHANGE
`
`/REASON
`
`Page 191
`
`Leslie Alan Baxter
`Date
`SUBSCRIBED AND SWORN TO BEFORE ME THIS
`20
`DAY OF
`
`Notary Public
`
`Commission Expiration Date
`
`>-‘©\OO0\IO\UI-hbllxi
`
`>—-r—-
`r—-I9
`
`>—-r—--lib.)
`
`r—->—-r—->—->—-
`
`\OOO\I®UI
`
`20
`21
`22
`23
`
`24
`
`25
`
`www.veritext.com
`
`Veritext Legal Solutions Midwest
`
`49 (Pages 190 -191)
`
`888-391-3376
`
`
`
`bit 1033
`
`0049
`
`Aerohive - Exhibit 1033
`0049
`
`

`
`157321 168:2,8
`129
`12:06 119222
`
`13 170:12
`
`1333 6:11
`
`14 170:12
`
`144 2:21
`
`15
`
`181:1
`
`150 17:12,16
`16 109:23 110:2
`
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`
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`
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`
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`
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`
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`
`163:13167:19
`
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`
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`13:2113:25114:5
`
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`153217161210
`
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`
`10 2:11102:23
`
`10326 157:20 164:4
`
`16627,9,11 167222
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`
`10/22/2014 189:3
`
`190:3
`
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`
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`
`172 2:6
`
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`
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`
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`
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`
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`
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`
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`
`1947492 189:2
`
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`
`190:2 191:2
`
`21 139:23 14021
`
`1993 113:15132217
`
`22
`
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`
`1995 15:12,l7,24
`1998 59219 98:25
`
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`
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`132216 17229
`
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`
`22nd 3225
`
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`
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`
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`
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`
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`
`Page 1
`
`3
`
`3 2:13 6322,3,5 64:3
`
`6426,22 65:1,3,7
`
`90:11,20 98:3
`109225112211
`
`2003 101215 l0722,5
`
`30309 5:21
`
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`109:11
`
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`
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`
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`
`64:8,10,17,22 65:1
`
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`
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`110:23111:23
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`
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`
`314 527
`
`32 64:9 90:11,17,19
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`33 78216,22 8029,15
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`100 33:23127:20,20
`102 164:10165:11
`
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`
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`
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`
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`
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`
`122 166:23
`
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`
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`
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`
`128 157:20168:1,8
`
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`
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`47:8,12,17 49:20
`
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`
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`
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`
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`
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`
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`
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`
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`
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`
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`
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`
`3:29 186224187215
`
`3a 170214
`
`www.veritext.com
`
`888-391-3376
`
`Veritext Legal Solutions Midwest
`
`bit 1033
`
`0050
`
`Aerohive - Exhibit 1033
`0050
`
`

`
`[4 - alcatel]
`
`4
`
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`
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`53 11221611322
`
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`
`Page 2
`
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`alcatel 1:6 326 429
`
`621 827 18923 19023
`
`www.veritext.com
`
`888-391-3376
`
`Veritext Legal Solutions Midwest
`
`bit 1033
`
`0051
`
`Aerohive - Exhibit 1033
`0051
`
`

`
`[allow - associating]
`
`Page 3
`
`allow 10:22 13:10
`
`99219 168211
`
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`
`apologies 149:5
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`110:4
`
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`
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`
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`18121 182217
`
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`
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`
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`
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`
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`
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`
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`
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`
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`
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`16129168221 18223
`
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`
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`97220117213177:4
`
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`13622
`
`asserted 105217
`
`123219
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`123224 130225
`
`131:2,24
`
`appended 190211,18
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`68:12 81:25 14024
`
`analysis 14:16 104:8
`104210 10724
`
`141224 148:3
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`149216 160220
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`45:11,14 622194218
`99:12 13724 152:5
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`arranged 43:25 4424
`44:21 48:24 4924
`
`asserting 115212
`assess 92223 10628
`
`118223 140220
`
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`
`application 8726
`
`50217,24 51:6 62:13
`
`10523,1511628
`
`77:5 82:17,20 93:10
`
`144:23,24 146:9
`148225 150:8 151:7
`
`154221
`
`applications
`
`152225
`
`127:22 170:8,23
`
`applied 90:14
`106224 145215
`
`arrangement 2324
`24:18 47218156212
`
`analyze 1722129211
`10024 12625 131225
`
`14624 179212
`
`15721
`
`180217
`
`15927
`
`assessed 98221
`
`assessing 13224
`62213 99210
`
`assessment 4226
`
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`analyzing 14:6
`29:18 43218 98:13
`
`13621
`
`1525 1629
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`48210 14827180223
`
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`43224 6526 67 222
`
`announce 38:4
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`68210 75217 90219
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`92:1710023121211
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`
`arranging 45218
`46:12,14,22 5129,14
`
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`19022 19122
`
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`
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`
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`
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`
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`
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`3029 34224 3526,8
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`
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