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`CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER
`
` UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, DC
`Investigation No. 337-TA-1076
` ------------------------------------------------
` In the matter of:
` CERTAIN MAGNETIC DATA STORAGE
` TAPES AND CARTRIDGES CONTAINING
` THE SAME (II)
` ------------------------------------------------
`
`CONFIDENTIAL - PURSUANT TO PROTECTIVE ORDER
`DEPOSITION of THOMAS VON ALTEN
`WASHINGTON, DC
`May 4, 2018 - 9:03 A.M.
`
` Reported by:
`S. Arielle Santos
` JOB NO. 21434
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`FUJIFILM, Exh. 2001, p. 1
`FUJIFILM v. Sony, 2018-00876
`
`

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`CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER
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`
` DEPOSITION of THOMAS VON ALTEN, before S.
` Arielle Santos, Certified Court Reporter,
` Certified LiveNote Reporter and Notary Public,
` taken at 1299 Pennsylvania Avenue, Northwest,
` Washington, DC, on May 4, 2018.
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` APPEARANCES:
`
` COUNSEL FOR FUJIFILM COMPLAINANTS:
` BY - MARGARET WELSH, ESQ.
` margaret.welsh@bakerbotts.com
` BAKER BOTTS LLP
` 30 Rockefeller Plaza
` New York, NY 10112
`
` COUNSEL FOR FUJIFILM COMPLAINANTS:
` BY - KATHARINE BURKE, ESQ.
` katharine.burke@bakerbotts.com
` BAKER BOTTS LLP
` 1299 Pennsylvania Avenue, NW
` Washington, DC 20004
`
` COUNSEL FOR US INTERNATIONAL TRADE COMMISSION:
` BY - TODD P. TAYLOR, ESQ.
` todd.taylor@usitc.gov
` UNITED STATES INTERNATIONAL TRADE COMMISSION
` 500 E Street, SW
` Washington, DC 20436
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`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
` COUNSEL FOR RESPONDENTS:
` BY - NATHAN SPEED, ESQ.
` Nathan.Speed@WolfGreenfield.com
` WOLF GREENFIELD & SACKS P.C.
` 600 Atlantic Avenue
` Boston, MA 02210
`
`
`
` CHARLIE WIDNER, Legal Videographer
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`Page 5
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`
` INDEX
` THOMAS W. VON ALTEN 8
` BY MS. WELSH 8
` BY MR. TAYLOR 278
` BY MS. WELSH 308
`
`
`
`
` VON ALTEN EXHIBITS MARKED - ATTACHED
` Exhibit 1, US Patent Number 6,462,905 11
` Exhibit 2, opening exhibit report of 11
` Thomas W. Von Alten regarding
` invalidity of US Patent Number
` 6,462,905
` Exhibit 3, US Patent Number 5,901,916 141
` Exhibit 4, FF-Sony-ITC2_00035239 178
` Exhibit 5, EP Patent Publication Number 185
` 0,284,687
` Exhibit 6, Japanese Patent Application 214
` Publication H11-273307
`2 (Pages 2 to 5)
`
`FUJIFILM, Exh. 2001, p. 2
`FUJIFILM v. Sony, 2018-00876
`
`

`

`CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER
`Page 6
` Exhibit 7, Tsuyuki Reference Unexamined 238
` Patent Application H11-288571
` Exhibit 8, Examine Utility Model 250
` Application Publication
` S63-11776
` Exhibit 9, European Patent Application 251
` Number EP0926676
` Exhibit 10, International Publication 271
` Number WO99/41513
` Exhibit 11, drawing 291
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`Page 8
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` At this time will counsel
` please introduce themselves.
` MS. WELSH: I'm Margaret
` Welsh, from Baker Botts, for
` Fujifilm complainants.
` MS. BURKE: Katharine Burke
` from Baker Botts for Fujifilm
` complainants.
` MR. SPEED: Nathan Speed
` from Wolf Greenfield & Sacks for
` respondents.
` THE VIDEOGRAPHER: Court
` reporter please swear in the
` witness and we can proceed.
` (Whereupon Thomas W. Von
` Alten is Sworn In.)
` THE WITNESS: I do.
` BY MS. WELSH:
` Q Good morning, Mr. Von
` Alten.
` A Good morning.
` Q Could you please state your
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`Page 7
` THE VIDEOGRAPHER: This is
` Tape Number 1 of the videotaped
` deposition of Thomas Von Alten
` in the matter of In Re: Certain
` Magnetic Storage Tapes and
` Cartridges Containing The Same,
` United States International
` Trade Commission Washington, DC,
` Investigation Number 337-
` TA-1076.
` This deposition is being
` held at Baker Botts located at
` 1299 Pennsylvania Avenue, NW,
` Washington, DC, 20004, on May 4,
` 2018, at approximately 9:03 a.m.
` My name is Charlie Widner
` from the firm of TransPerfect
` Legal Solutions and I am the
` legal video specialist. The
` court reporter today is Arielle
` Santos in association with
` TransPerfect Legal Solutions.
`
`Page 9
`
` full name for the record?
` A Thomas William Von Alten.
` Q And where do you reside?
` A In Boise, Idaho.
` Q And do you understand that
` you're here today under oath to tell
` the truth?
` A I do.
` Q And do you understand that
` this is the same oath that you would
` take if you were testifying in court?
` A I do.
` Q And have you ever been
` deposed before?
` A Once in this case.
` Q In this case.
` And when was that?
` A In Boston, April.
` Q So you're fairly familiar
` with the process then, it was fairly
` recent?
` A The mechanics, yeah.
`3 (Pages 6 to 9)
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`FUJIFILM, Exh. 2001, p. 3
`FUJIFILM v. Sony, 2018-00876
`
`

`

`CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER
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` Q Okay.
` So I'll remind you that the
` court reporter is taking a transcript
` of everything that you say, and it's
` important that we don't speak over each
` other. So I will let you finish your
` answers and if you would please let me
` finish my questions, that would be
` helpful.
` If you need a break just
` let me know and then we'll take a
` break. And please give verbal answers,
` okay or yes or no, just so the court
` reporter can take down those answers.
` A I will do my best.
` Q Okay. And if I ask you a
` question and you don't understand,
` please let me know, and I will try to
` rephrase. But if you don't ask me to
` clarify, I'll assume that you
` understood the question.
` A Okay.
`
`Page 11
`
` Q Is there any reason you
` can't provide your full truthful and
` accurate testimony today?
` A There is not.
` Q Are you on any medications
` that might affect your testimony?
` A I am not.
` MS. WELSH: I would like to
` mark this as Exhibit 1.
` (Exhibit 1 is Marked.)
` MS. WELSH: And I'll mark
` this as Exhibit 2.
` (Exhibit 2 is Marked.)
` MR. SPEED: Is that his
` report?
` THE WITNESS: Thank you.
` BY MS. WELSH:
` Q So I have handed you two
` exhibits.
` One is the US Patent Number
` 6,462,905.
` And Exhibit 2 is the
`
`Page 12
` opening exhibit report of Thomas W.
` Von Alten regarding invalidity of US
` Patent Number 6,462,905.
` Would you please turn to
` Exhibit 1, the '905 patent?
` A (Reviewing.) I have it.
` Q Do you recognize it to be
` the '905 patent which you've offered an
` opinion on?
` A I do.
` Q And is it okay if I refer
` to this document as the '905 patent?
` A Yes.
` Q You've reviewed this patent
` for the case, correct?
` A I have.
` Q And have you reviewed the
` whole patent or just portions of it?
` A The whole patent.
` Q And when was the first time
` you saw the '905 patent?
` A I can't be certain, but I
`
`Page 13
` was engaged by Sony in November of last
` year, so no later than that.
` Q And at that time, you read
` the patent in November?
` A I did.
` Q And was there anything in
` the patent that you didn't understand?
` A I think I have a pretty
` good handle on it all.
` Q And are there any mistakes
` or anything that you disagree with in
` the patent?
` A That is a very broad
` question. My report speaks to what I
` found in the patent.
` Q And sitting here today, can
` you think of anything in particular,
` any mistake that you saw in the patent?
` A Again, I -- it's not a
` simple short answer question. My
` report speaks to it at great length and
` detail.
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`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`4 (Pages 10 to 13)
`
`FUJIFILM, Exh. 2001, p. 4
`FUJIFILM v. Sony, 2018-00876
`
`

`

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` Q And anything in particular
` that you disagreed with in the patent
` just sitting here today?
` A (Reviewing.) Same answer.
` Q And you reviewed and
` understood the claims of the '905
` patent; is that correct?
` A I did.
` Q And you've prepared an
` expert report in this case, right?
` A I have.
` Q And if you turn to
` Exhibit 2, do you recognize that to be
` your opening expert report regarding
` the asserted claims of the '905 patent?
` A The weight is about right,
` cover page looks good, and I will
` assume you have copied it accurately.
` Q And the words in this
` report are your own, correct?
` A I worked together with the
` Sony's counsel to produce this report.
`Page 15
`
` Q So are the words in the
` report Sony's counsel's words or your
` own words?
` MR. SPEED: Objection.
` THE WITNESS: The report
` and its conclusions are mine and
` I worked together with Sony's
` counsel to produce it.
` BY MS. WELSH:
` Q How much of the drafting
` did Sony's counsel do on this report?
` A Do you want a percentage?
` Q Yeah, a percentage will be
` fine.
` A I don't think it makes
` sense to divide it out that way. We
` worked together on it in a
` collaborative and iterative process
` over a couple of months.
` Q So more than half?
` A I refer you to my previous
` answer. We worked together on it.
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` Q Are there portions of the
` report that you drafted yourself?
` A Yes. We worked together on
` drafting this report.
` Q Were you sitting in a room
` drafting the report together?
` A Well, I live in Boise and
` the attorneys are in Boston and New
` York when they're not traveling, and so
` we worked together remotely via
` telephone and e-mail.
` Q And if you turn to page
` 6 -- 263?
` A (Reviewing.) I'm there.
` Q And is that your signature
` on the bottom of the page?
` A It is.
` Q And is there any mistakes
` or omissions in your report that you're
` aware of?
` A There are none that I am
` aware of that I can point to and say
`
`Page 17
`
` this was a mistake.
` Q And this report contains
` all the opinions that you intend to
` express at trial; is that right?
` A With the reservation as
` stated, and in light of the additional
` documents that I have seen in regard to
` this case.
` Q And what additional
` documents are those?
` A I have seen Dr. Messner's
` report, Dr. Slocum's report, and the
` two gentlemen's rebuttals, and the
` transcripts of their depositions.
` There was also an additional document
` that Dr. Messner referred to in his
` rebuttal that I have looked at.
` Q And did those documents
` change your opinion of the -- of the
` opinions in your report?
` A Not materially, no.
` Refined some of the points,
`5 (Pages 14 to 17)
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`FUJIFILM, Exh. 2001, p. 5
`FUJIFILM v. Sony, 2018-00876
`
`

`

`CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER
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` particulars.
` Q Is there any additional
` work you expect to perform in
` connection with your testimony in this
` case before trial?
` A Well, I understand that
` there's an expectation of preparation
` for the trial, so there will be that.
` I think that the drafting of this
` opinion was the primary bulk of the
` work.
` Q Other than preparing for
` trial, is there anything else you
` expect to do in this case?
` A At this point, I don't have
` an expectation, but I will certainly
` respond to requests from Sony's
` counsel.
` Q In this report, you
` submitted an opening -- you referred to
` this report as your opening report.
` Did you intend to submit
`
`Page 19
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` any additional reports in this case?
` A I did not pick that
` particular word opening and I don't
` have a personal intention.
` Q But you haven't provided
` any rebuttal reports in this case?
` This is the only report in
` this case that you have provided?
` A I have not provided any
` rebuttal, no. I have not been asked
` to, but I would be happy to -- I would
` be happy to rebut some things.
` Q Did you ever expect to
` provide a rebuttal report in this case?
` A Well, as you know, this is
` largely a new experience for me as
` testifying as an expert witness, so I'm
` learning on the job. My expectations,
` I don't think are material in the
` matter.
` Q So you did expect to
` provide a rebuttal report in this case?
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` MR. SPEED: Objection.
` Mischaracterizes.
` THE WITNESS: Yes. The
` answer to your question is I did
` not have that expectation, but
` if asked to, I will be happy to
` do so.
` BY MS. WELSH:
` Q And do you understand that
` this matter involves Fujifilm and Sony?
` A I do understand that, yes.
` Q And Fujifilm has accused
` Sony's LTO products of infringing the
` '905 patent which you've offered an
` opinion on?
` A I do understand that.
` Q And were you ever asked to
` consider whether Sony infringed the
` '905 patent?
` A I have seen the discussions
` of infringement, but that is not what I
` have opined upon or what I am prepared
`Page 21
`
` to speak to today.
` Q Have you formed an opinion
` yourself about whether Sony has
` infringed the '905 patent?
` MR. SPEED: Objection.
` THE WITNESS: I am full of
` opinions, personal opinions,
` that I don't think are relevant.
` BY MS. WELSH:
` Q Have you seen a Sony LTO
` product?
` A I have not physically seen
` an LTO -- Sony LTO product.
` Q But you have looked at
` pictures of Sony LTO products?
` A I have. I have looked at
` all the documents in the case that have
` been mentioned and certainly, there's a
` long list of exhibits cited in my
` report. I looked at all of those.
` Q So before working on this
` case back in November, had you -- were
`6 (Pages 18 to 21)
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`FUJIFILM, Exh. 2001, p. 6
`FUJIFILM v. Sony, 2018-00876
`
`

`

`CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER
`Page 22
` you -- had you seen a Sony LTO product
` before that?
` A I don't believe so, no.
` Q Okay.
` I'd like to talk about your
` background if we could, and look at
` your CV, which is -- I believe Exhibit
` A to that Exhibit 2.
` A I have it here.
` Q Okay.
` And this is your current
` CV; is that correct?
` A Yeah, I call it a resume,
` but apparently the legal folks want a
` CV, so here it is.
` Q Are you currently employed?
` A I am self-employed as a
` software developer.
` Q And what does your work
` entail as a software developer?
` A My primary work has been to
` develop database-backed web
`
`Page 24
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` right?
` A I have not.
` Q And you haven't had any
` direct experience working with
` manufacturing of magnetic tape
` cartridges, correct?
` A Not in the 14 years.
` Q And continuing on with your
` background, I'd like to look at page 3
` of your opening report.
` A I have it.
` Q Okay.
` So paragraph 9, it says
` that you started working at Hewlett
` Packard in 1986; is that correct?
` A It is not correct and
` that's not what it says. I started at
` HP in 1983. Paragraph 9 points out
` what I worked for in my second position
` there from 1986 to 1989.
` Q Okay.
` So from 1983 to 1986, what
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`Page 23
` applications, and I list in my CV some
` of the magic incantations I use.
` Q By magic incantations,
` you're referring to C+, JavaScript --
` A Yes, various kind of code
` which have no relevance here.
` Q Okay.
` Do you have any other
` businesses or employment right now
` besides the web application
` development?
` A Well, I'm working for Sony.
` Q Other than working for
` Sony, any other jobs currently?
` A Not any paid employment,
` no.
` Q So for the last 14 years
` you haven't worked in the magnetic tape
` industry; is that correct?
` A That is correct.
` Q And in those past 14 years,
` you haven't designed a magnetic tape,
`
`Page 25
`
` did you do at HP?
` A I was a process engineer
` for wave solder and printed circuited
` assembly cleaning.
` Q And then in 1986 -- you
` switched job roles; is that correct?
` A That's correct.
` Q Okay.
` And then in 1986, what was
` your job role?
` A I worked as a manufacturing
` engineer for the assembly and testing
` of hard disk drives at HP. They were
` five and a quarter inch drives at the
` time. And so I was involved in setting
` up production lines, designing and
` having -- specifying tooling, setting
` up clean room space for assembly,
` working with production supervisors and
` production people, writing procedures,
` goes on and on.
` Q And that work mainly dealt
`7 (Pages 22 to 25)
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`FUJIFILM, Exh. 2001, p. 7
`FUJIFILM v. Sony, 2018-00876
`
`

`

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`CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER
`Page 26
` with hard disk drives; is that correct?
` A Yes.
` Q And did that deal with tape
` cartridges or mostly the drives
` themselves?
` A I was a user of -- of tape
` storage systems, but I was not involved
` in engineering them.
` Q Okay.
` And then in 1989, you
` switched roles again; is that correct?
` A Yes. You might notice in
` paragraph 8, that I got a degree from
` Stanford in 1990, so in 1989, I
` actually went to Palo Alto and lived on
` the Stanford campus from the fall
` through the spring on the HP resident
` fellowship program to obtain my
` master's degree.
` Q Okay.
` A And then in 1990 when I
` came back, I started work as -- in the
`Page 27
` lab as a product development engineer
` at Disk Memory Division and began
` working on three and a half inch disk
` drives.
` Q Okay.
` So again, that work was in
` -- with respect to the drives
` themselves, right?
` As opposed to the magnetic
` tape cartridges, the tape cartridges?
` A Yes. It had nothing to do
` with magnetic tape cartridges. This
` was for hard disk drives and involved
` the mechanical design of the parts
` inside, testing, shock and vibration
` analysis, traveling around the world to
` visit vendors for the various parts
` that we were having fabricated, working
` with the manufacturing engineers to
` develop finished products.
` Q Okay.
` A Do you want to introduce
`
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`Page 28
`
` the newcomer into the room?
` MS. WELSH: Sure. Why
` don't we go off the record for a
` minute.
` THE VIDEOGRAPHER: We're
` going off the record at
` 9:22 a.m.
` (Whereupon a Recess
` Commenced at 9:22 a.m. and
` Testimony Recommenced at 9:23
` a.m.)
` THE VIDEOGRAPHER: We're
` going back on the record at
` 9:23 a.m.
` MR. TAYLOR: Just for the
` record, this is Todd Taylor
` representing the Office of
` Unfair Import Investigations.
` BY MS. WELSH:
` Q Okay.
` So Mr. Von Alten, we were
` going through your background and work
`Page 29
` history at HP, and I believe we got up
` to 1990; is that correct?
` A No. I think we're up to
` 1996.
` Q 1996?
` A The exciting moment.
` Q Okay.
` So then in 1996, you
` switched roles, and what was your role
` in 1996?
` A In July of 1996, the
` division of Hewlett Packard that I had
` worked for since I started working with
` the company in 1983, announced that
` they were going out of the hard disk
` drive business and we had thousands of
` people -- we had at least a thousand
` people working in Boise, so this was a
` rather dramatic announcement for all
` those concerned. And we all started
` looking for new jobs. And one of the
` opportunities was a new project started
`8 (Pages 26 to 29)
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`FUJIFILM, Exh. 2001, p. 8
`FUJIFILM v. Sony, 2018-00876
`
`

`

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`CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER
`Page 30
` by HP Computer Peripherals Bristol and
` they hired on a number of engineers
` that had been part of DMD and formed a
` combination of the two divisions to
` develop a new tape storage format and
` tape storage products.
` Q And what is DMD?
` A Disk Memory Division.
` Sorry.
` Q And the new tape storage
` format and tape storage products, what
` is that they are referring to?
` A It's what became the LTO
` Ultrium tape. The reason we're all
` here today.
` Q And you said that started
` as a project based out in Bristol; is
` that right?
` A The inception was out of
` Bristol, I believe. I was close to the
` beginning of it, but not at the very
` beginning.
`
`Page 32
` largely complete. And I began work on
` the atomic resolution storage project
` with HP Labs and the division in Boise
` was called the Personal Storage
` Business. It was a new chip-based
` solid state memory format. It was an
` exciting opportunity that involved
` working with some of the best and
` brightest people in the world.
` Q When did you -- I think you
` mentioned that you first read the '905
` patent back in November.
` When did you first become
` aware of the lawsuits between Sony and
` Fujifilm?
` A I may have seen mention or
` news reports about contention, since I
` know now there's been a fair amount of
` it. But I was not paying close
` attention to particulars.
` Q And when were those news
` reports that you're referring to?
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`
` Q And this was in 1996, 19 --
` A 1996.
` Q Okay.
` Prior to this case, have
` you had any involvement with Sony?
` A Not a lot, but as part of
` our May 1998 tour of various media
` manufacturers in Japan, as part of my
` work on the Cabot team, Cabot was our
` nickname for this new cartridge that
` would be brought into being, we visited
` a number of media manufactures and it
` included Sony in Tokyo.
` Q And then in 2003, you left
` HP Labs; is that right?
` A That's correct.
` Q And why did you leave?
` A Well, I -- you missed a job
` change there. In 1999, I changed from
` the tape business at the point at which
` the cartridge was largely the
` mechanical design of the cartridge was
`
`Page 33
`
` A I couldn't say.
` Q A year ago or?
` A I really couldn't say.
` Q Okay.
` And when were you first
` retained in this case?
` Was that back in November?
` A It was. November of 2017.
` Q And who retained you?
` A Wolf Greenfield, the law
` firm. Well, Sony retained me and --
` through their counsel.
` Q And was your first
` conversation with Wolf Greenfield back
` in November or was it prior to that?
` A No. It was in November. I
` first spoke with Chris Henry who I
` understand is no longer with the firm.
` Q And do you think that you
` were retained in this case for your
` knowledge about HP and HP products?
` MR. SPEED: Objection.
`9 (Pages 30 to 33)
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`FUJIFILM, Exh. 2001, p. 9
`FUJIFILM v. Sony, 2018-00876
`
`

`

`CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER
`Page 34
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` THE WITNESS: I think the
` record is pretty clear on the
` good reasons why I would be
` useful in this case.
` BY MS. WELSH:
` Q What do you mean by that?
` A My personal background, my
` experience. I have deep experience
` with the LTO format.
` Q Do you have any prior
` association with the lawyers or parties
` in this case?
` A I do not.
` Q And when you were first
` retained by Wolf Greenfield back in
` November, what were you asked to do?
` A I'm not sure I knew what I
` was going to be doing from the
` beginning, but they did their best to
` bring me up to speed to describe what
` the case was about and what my role in
` it would be.
`
`Page 35
`
` Q Your role as an expert, you
` mean?
` A Yes.
` Q And what did you do to
` prepare for the deposition today?
` A Well, I reviewed various of
` the case materials. I certainly
` reviewed my report in detail. And
` Nathan and I spent yesterday talking
` over details.
` Q Did you review any other
` documents besides your report?
` A I did. I looked again at
` the rebuttals primarily, but I may have
` also looked at the -- Dr. Slocum's and
` Dr. Messner's reports themselves. I
` looked at that new document that Dr.
` Messner had introduced in rebuttal.
` Q I assumed you looked at the
` '905 patent or no?
` A Definitely. Down the list
` of all the various patents back and
`
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`Page 36
` forth making sure I was clear about the
` details of the legal particulars.
` Q You said you met with
` Nathan yesterday.
` For how long was that?
` A Whole work day.
` Q So about eight hours?
` A I think it was a little
` less than eight hours, actually.
` MR. SPEED: My work day.
` THE WITNESS: Not quite
` bankers hours, but... And then
` I worked some more on my own.
` BY MS. WELSH:
` Q And was anyone besides
` counsel with you at that meeting?
` A With Nathan? Sorry.
` Mr. Speed and I were all by ourselves.
` Q Did you talk to anyone on
` the phone to prepare for your
` deposition?
` A No, I did not.
`
`Page 37
`
` Q And prior to your meeting
` with counsel, did you do anything else
` to prepare for your deposition?
` A Prior to yesterday's
` meeting with counsel?
` Q Um-hum.
` A Well, I have been working
` diligently on this case for months, so
` it's a continuous stream.
` Q Did you talk with any Sony
` employees or engineers about the
` testimony in this case?
` A I have not had any
` conversations with Sony employees.
` Q Have you discussed your
` report or your upcoming testimony with
` any HP employees?
` A I have not. By the way, HP
` is now multiple companies, and the one
` that's relevant here, I think, is HPE,
` but I -- it was always just HP when I
` was there, so I am happy to refer to
`10 (Pages 34 to 37)
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`FUJIFILM, Exh. 2001, p. 10
`FUJIFILM v. Sony, 2018-00876
`
`

`

`CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER
`Page 38
`
`Page 40
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`
` them as just that.
` Q Okay.
` A Have that understood.
` Q Fair enough.
` And earlier, you mentioned
` about Dr. Slocum's report.
` You reviewed his opening
` report and his rebuttal report; is that
` right?
` A I did, yes.
` Q And did either of those
` reports help to form the opinions that
` you've taken in this case?
` MR. SPEED: Objection.
` THE WITNESS: No. They
` could not have if you look at
` when things were produced. I
` produced my report before I had
` seen either of the other two
` expert's reports or rebuttals.
` BY MS. WELSH:
` Q So did any of his opinions
`
`Page 39
`
` change the opinions that you had in
` your report?
` A I can't think of anything
` that would be a material change.
` They're covering differen