Case 1:20-cv-00034-ADA Document 44-8 Filed 03/20/20 Page 2 of 21
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
`ANCORA TECHNOLOGIES, INC.,
`
`CIVIL ACTION NO. 1:20-CV-0034
`
`Plaintiff,
`
`v.
`
`LG ELECTRONICS INC. and LG
`ELECTRONICS U.S.A., INC.,
`
`Defendants.
`
`JURY TRIAL DEMANDED
`
`ANCORA TECHNOLOGIES, INC.,
`
`CIVIL ACTION NO. 1:20-CV-0034
`
`Plaintiff,
`
`v.
`
`SAMSUNG ELECTRONICS CO., LTD., and
`SAMSUNG ELECTRONICS AMERICA,
`INC.,
`
`Defendants.
`
`JURY TRIAL DEMANDED
`
`DECLARATION OF IAN JESTICE
`
`I, Ian Jestice, hereby declare as follows:
`
`1.
`
`I have been engaged by Ancora as a technical expert in this case. I am being paid
`
`my customary rate of $360. I am also being reimbursed for reasonable and customary expenses.
`
`My compensation is not dependent in any way on the results of the lawsuit or the substance of
`
`my testimony.
`
`2.
`
`I have over 40 years of experience as a computer engineer, including specific
`
`experience with computer storage devices and embedded software systems for industry and
`
`IPR2021-01406
`ANCORA EX2017
`
`

`

`Case 1:20-cv-00034-ADA Document 44-8 Filed 03/20/20 Page 3 of 21
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`consumer products, including BootROM and BIOS. I have written and designed BIOS, device
`
`drivers, software and firmware for Windows, Linux, VxWorks, QNX and other embedded real-
`
`time operating systems (RTOSs). I am a software developer experienced with various
`
`programming languages, including C, C++, Delphi, C# and assembly. My education,
`
`employment and consulting history, and a summary of prior testimony are included in my
`
`resume, which is attached to this declaration as Exhibit 1.
`
`3.
`
`I have reviewed U.S. Patent No. 6,411,941 (the ’941 Patent) and its file history,
`
`including the reexamination file history in which the Patent Office reconfirmed the patentability
`
`of claims of the ’941 Patent. Because of my education and experience summarized above, I am
`
`readily familiar with the terms and concepts disclosed in the patent and recited in the claims.
`
`4.
`
`I understand that disputes have arisen between the parties regarding what one of
`
`ordinary skill in the art at the time of invention would understand certain words and phrases of
`
`the ’941 Patent to mean. I set forth below my understanding as to what one of ordinary skill
`
`would understand each of these words and phrases to mean.
`
`A. “BIOS”
`
`5.
`
`I served as an expert for Ancora Technologies, Inc., in a prior case against Apple
`
`Inc. and understand that the court in that matter issued an order stating that, as used in the ’941
`
`Patent, the word “BIOS” is an acronym for “Basic Input/Output System,” which the court
`
`defined to mean “the set of essential startup operations that run when a computer is turned on,
`
`which test hardware, starts the operating system, and support the transfer of data among
`
`hardware devices.” I agree with this definition, and believe it is consistent with what one of
`
`ordinary skill in the art would understand BIOS to mean.
`
`6.
`
`I also understand that, in this case, certain parties are arguing that this definition
`
`2
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`IPR2021-01406
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`

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`Case 1:20-cv-00034-ADA Document 44-8 Filed 03/20/20 Page 4 of 21
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`should be altered to require (1) that the BIOS be stored “in ROM,” which I understand to refer to
`
`“read-only memory” and (2) that BIOS must run “automatically.” I disagree that someone of
`
`ordinary skill in the art would understand the term BIOS to include either limitation—
`
`particularly as that term is used in the ’941 Patent.
`
`7.
`
`First, one of ordinary skill in the art would not understand BIOS to be stored only
`
`in read-only memory, which, as its name reflects, cannot be altered. To the contrary, the ’941
`
`Patent itself requires that certain data be “set up” in the memory of the BIOS, which one of
`
`ordinary skill would understand could include writing to the BIOS (what the typical computer
`
`user would understand to be saving or storing data to the BIOS). Claim 1 of the ’941 Patent
`
`demonstrates this understanding. Were the BIOS contained solely within read-only memory,
`
`such an action would not be possible.
`
`8.
`
`I also understand that certain parties in this action are pointing to my statement in
`
`the prior Apple case that, “[a]t the time the computer is first started, BIOS automatically
`
`performs the initial steps necessary to boot the operating system” as support for their argument
`
`that BIOS always must run “automatically.” I disagree.
`
`9.
`
`My statement in the prior case explained only how BIOS typically runs when a
`
`computer is first started. It would be well understood by one of ordinary skill in the art that, at
`
`the time of invention, BIOS also could be prompted to run manually—including by restarting the
`
`computer or issuing specific BIOS commands. It also would be well understood by one of
`
`ordinary skill in the art that, at the time of invention, a user could use BIOS services to manually
`
`prompt specific BIOS operations. For example, on a Windows PC, a user could use the BIOS
`
`service command Interrupt 19 to cause certain BIOS reset and initialization functions to execute.
`
`3
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`IPR2021-01406
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`

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`Case 1:20-cv-00034-ADA Document 44-8 Filed 03/20/20 Page 5 of 21
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`B. “volatile memory”
`
`10.
`
`The terms “volatile” and “non-volatile” memory are well understood in the
`
`computer industry. While the physical composition of the two types of memory can vary as I
`
`explain below, the key distinction between the two types of memory is that information stored in
`
`“volatile” memory is not preserved for use after power is removed, and information stored in
`
`“non-volatile” memory is preserved for use after power is removed.
`
`11.
`
`Volatile memory can take several physical forms. For example, Random Access
`
`Memory or “RAM” is often considered “volatile” memory because information stored in RAM
`
`is no longer accessible after power has been removed.
`
`12.
`
`A person of ordinary skill also would understand that other forms of memory can
`
`be used as volatile memory, however, including “FLASH” and “hard disk.” For example, a
`
`computer’s hard disk can be used as “virtual” memory in certain circumstances (such as when
`
`there is insufficient RAM to complete an operation) such that, after the power is removed, the
`
`relevant data become inaccessible through the usual means.
`
`C. “order of steps”
`
`13.
`
`I understand that there is a dispute between the parties regarding whether the steps
`
`recited in Claim 1 need to be performed in a specific order.
`
`14.
`
`A person of ordinary skill in the art would understand that, at the time of the
`
`invention, step-by-step execution of computer processes was the exception, not the rule.
`
`Certainly, the Central Processor Units (CPUs) then in existence generally were capable of
`
`executing (and generally did execute) multiple instructions concurrently. Further, many devices
`
`included more than one CPU.
`
`4
`
`IPR2021-01406
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`Case 1:20-cv-00034-ADA Document 44-8 Filed 03/20/20 Page 6 of 21
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`I declare under penalty of perjury that the foregoing is true and correct to the best of my
`
`knowledge.
`
`Date: _________3/19/2020____________
`
`________________________________
`Ian Jestice
`
`5
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`IPR2021-01406
`ANCORA EX2017
`
`

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`Case 1:20-cv-00034-ADA Document 44-8 Filed 03/20/20 Page 7 of 21
`
`Ian Jestice
`1108 Augusta Falls Way
`
`Naples, FL 34119
`
`510-304-2999
`
`ian@ianjestice.com
`
`
`
`
`
`
`Expertise
`
`
`▪ Embedded systems
`▪ File systems
`▪ RAID Systems
`▪ Game Programming
`▪ Networking (Ethernet, TCP/IP,
`DLNA)
`iPhone, iPad Android
`Programming
`
`▪
`
`
`
`▪ Device Drivers
`▪ Storage Devices & Software
`▪ Telecommunications Software
`▪ Bootrom/Bios/Assembler
`▪ Computer Languages: C, C++,
`VBAssembler, PERL, SQL
`▪ Zigbee, Xbee.
`
`
`Professional Summary
`
`Mr. Jestice has over 40 years of experience with storage devices, embedded software systems
`for industry and consumer products, systems, including Flash Memory ( Solid State Disks,
`memory cards, flash drives ), Optical Storage ( CD, DVD, WORM, Magneto-Optical) ,
`Magnetic Storage ( Hard Disk, Floppy Disk, Tape ), RAID/Disk Arrays and jukeboxes; USB,
`SCSI, iSCSI, IDE/ATA/ATAPI/SATA, Fibre Channel, PCMCIA, game programming, home
`appliances and telecommunications. He has written and designed device drivers, software
`and firmware for Windows, Linux, VxWorks, QNX and other embedded real-time operating
`systems ( RTOSs ). He has been a software developer, project lead, seminar presenter and
`technical writer. He is experienced with various programming languages, including C, C++,
`Delphi, C# and assembly. He has been an expert witness and expert consultant in over 40
`engagements involving patent, trade secret, copyright, class action and contractual disputes,
`patent portfolio reviews including file systems, game programming, home appliance,
`telecommunications and television control software. These have drawn on over 30 years of
`experience in the software storage industry and over 40 years of experience as a computer
`engineer, and have involved technology in the consumer products, telecommunications and
`storage industries. He has written expert reports, been deposed, and has provided courtroom
`testimony at trial. His engagements have involved source code analysis and comparisons,
`object code disassembly, benchmarking, and computer media duplication, as well as forensic
`analysis on data storage devices and file systems using tools including EnCase, FTK and
`DiskJocky.
`
`
`
`
`
`Resume of Ian Jestice
`Printed: 03/20/20
`
`
`
`
`
` Page 1
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`Case 1:20-cv-00034-ADA Document 44-8 Filed 03/20/20 Page 8 of 21
`
`Ian Jestice
`1108 Augusta Falls Way
`
`Naples, FL 34119
`
`510-304-2999
`
`ian@ianjestice.com
`
`
`Employment & Consulting History
`
`From:
`To:
`
`
`
`2001
`Jestico
`
`Present
`Position: Consultant
`
`Software consultant on diagnostics, file systems, databases, optical
`transport and manufacturing test.
`
`Provided bring-up, bootrom and diagnostic support for PPC and
`X86 embedded systems. Familiar with bringup tools, such as ICE,
`logic analyzers and BDM’s.
`
`Ported Opensource bootrom (ppcBoot/uBoot) to several different
`systems/boards.
`
`Wrote manufacturing test system for an Optical transport system
`including diagnostics, GUI and backend database support.
`
`
`From:
`To:
`
`
`
`
`From:
`To:
`
`
`
`2002
`Infinera
`
`2008
`Position: Member of Technical Staff (Team Leader)
`
`Managed, specified, designed and built bootrom/BIOS, diagnostics,
`journaling file systems, databases, IP networks, optical transport and
`manufacturing test for a large scale DWDM telecommunications
`transport system. Programmed in “C”, C#, “C++”, assembler and
`all versions of VB. The development tasks were split and managed
`between California, Maryland and Bangalore in India.
`
`Hired and managed the diagnostic team in both the USA and India.
`
`1998
`Ciena Corporation
`
`2002
`Position: Member of Technical Staff (Team Leader)
`
`Specified, and lead the team that produced the hardware diagnostics
`for Ciena’s CoreDirectory product. The diagnostics were used for
`design verification (DVT), hardware bring up, manufacturing test,
`and in at the customer site. They consisted of Power On Self Tests
`(POST), written in “C++”, “C++” and PPC assembler, run time tests
`written in “C++” and Manufacturing tests written in VB.Net.
`
`Also wrote simulation tests for ASICS in Perl and a FAT32 file
`system written in “C”. Ported a CrossStore journaling files system to
`the system.
`
`Resume of Ian Jestice
`Printed: 03/20/20
`
`
`
`
`
` Page 2
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`Case 1:20-cv-00034-ADA Document 44-8 Filed 03/20/20 Page 9 of 21
`
`Ian Jestice
`1108 Augusta Falls Way
`
`Naples, FL 34119
`
`510-304-2999
`
`1996
`
`ian@ianjestice.com
`
`These programs were written to support Ciena's Coredirector,
`telecommunications switch technology.
`
`Hired and managed the diagnostic teams.
`
`Xyratex International Limited, Digital Power Corp., CableCo
`and Theorem
`Fremont, CA
`1998
`Position: Vice President Engineering (Independent Consultant)
`
`
`Consulted on automated testing, database design, internet and intranet
`websites, email servers, internet commerce engines and network design,
`network security and software applications.
`
`Performed confidential investigations concerning the abuse of
`company EMAIL systems, and to detect the electronic transmission
`of stolen intellectual property. Designed, developed and sold
`software applications to provide Internet access for LAN users,
`network monitoring and for the prevention of computer hardware
`theft.
`
`Developed and sold an email gateway program, a network security
`package and a commercial website for selling power supplies.
`Managed Microsoft and Novell servers for Xyratex, including
`configuration, installation, backup and operations.
`
`1994
`ZADIAN Technologies
`San Jose, CA
`1996
`Position: Director, Quality Assurance and Information Systems
`
`Recruited and managed the QA and IT departments. Set up a
`companywide ISO9000 system. Designed and wrote automated tests
`for the verification of software libraries and hardware equipment
`including disk drive, tapes and RAID devices. Designed and built
`relational databases in Paradox and Access and Delphi. Implemented
`company network, Novell and Microsoft servers. Presented training
`seminars on SCSI and IDE interfaces.
`
`Attended the ISO 9000 lead assessors training given by ASQC.
`
`1984
`Amdahl Corporation
`Sunnyvale, CA
`1994
`Position: Principal Engineer
`
`Data Storage Division – Managed and implemented the design
`verification of storage arrays produced by OEM suppliers. Work
`
`From:
`
`To:
`
`
`
`
`From:
`To:
`
`
`
`
`From:
`To:
`
`
`
`Resume of Ian Jestice
`Printed: 03/20/20
`
`
`
`
`
` Page 3
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`IPR2021-01406
`ANCORA EX2017
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`

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`Case 1:20-cv-00034-ADA Document 44-8 Filed 03/20/20 Page 10 of 21
`
`Ian Jestice
`1108 Augusta Falls Way
`
`Naples, FL 34119
`
`510-304-2999
`
`ian@ianjestice.com
`
`with the design team on the architecture of a RAID controller.
`Evaluated RAID implementation from various system vendors.
`Developed failure analysis and call home programs for field failure
`prediction. Wrote test applications to analyze the performance and
`reliability of disk subsystems. Worked on storage virtualization and
`backup software.
`
`Mainframe division – Developed diagnostics and automated tests to
`verify the functionality and performance of processor hardware and
`peripherals. Worked extensively with Fujitsu in Japan on joint
`development of processors, disk subsystems and communications
`controllers. Worked as an expert on diagnostics and deterministic
`hardware.
`
`
`From:
`To:
`
`
`
`
`From:
`To:
`
`
`
`
`From:
`To:
`
`
`
`
`
`
`1982
`Dialogic Systems Corporation
`Sunnyvale, CA
`1984
`Position: Quality Assurance Manager
`
`Designed, developed and executed software programs to test the
`function and performance of a high speed, multiprocessor system,
`used for the rapid development of software for mainframe
`computers. The system consisted of 32 independent Motorola 68000
`processors running a distributed operating system. Tests were
`writing in “C”, Assembler, COBOL and a proprietary testing
`language.
`
`1980
`ITEL Corporation
`Los Angeles, CA and Canada
`1982
`Position: Technical Specialist
`
`Country level systems support specialist, diagnosing software and
`hardware problems on ITEL computers and peripherals in Canada,
`USA, Japan and South America.
`
`1971
`IBM Corporation
`London, England
`1980
`Position: Senior Systems Engineer
`
`Responsible for system support of large IBM mainframes, operating
`systems, disk drives, tape drives and telecommunications products.
`Wrote customer applications in COBOL and Assembler. Responsible
`for some of IBM’s larger mainframe accounts, including Carter
`Hawley Hale, Barclays Bank, and Sun Life Insurance. Worked for
`IBM in England, California and Canada. Attended over 23 months of
`in house training at IBM locations in Europe and USA.
`
`
`
`Resume of Ian Jestice
`Printed: 03/20/20
`
`
`
`
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` Page 4
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`IPR2021-01406
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`Case 1:20-cv-00034-ADA Document 44-8 Filed 03/20/20 Page 11 of 21
`
`Ian Jestice
`1108 Augusta Falls Way
`
`Naples, FL 34119
`
`510-304-2999
`
`ian@ianjestice.com
`
`
`From:
`To:
`
`
`
`1968
`British Telecom
`London, England
`1971
`Position: Technical Officer
`
`Responsible for the testing and installation of high-speed data and
`voice communications circuits. Installed the first commercial FAX
`system in England and early modem circuits. Received award for a
`design using digital logic to monitor the availability and reliability of
`groups of voice and data circuits. Trained in transmission line
`theory.
`
`
`Litigation Support Experience
`
`
`Date
`
`
`
`Brooks Kushman
`Ancora* vs HTC
`Evaluate patents, consultwrite expert report and testify by
`deposition
`On Going
`
`Farella, Braun and Martel
`Huawei v CNEX*
`Evaluate trade secrets and documents. Write Expert reports and
`testify at trial.
`Won at trial
`
`Wolf, Greenfield & Sacks
`EMC* v Zerto
`Evaluate architecture and documentation. Write Expert reports and
`testify by deposition and trial
`Won at trial
`
`
`Ogletree, Deakins, Nash, Smoak & Stewart, P.C
`Vadim Kulikov v. Outlook Amusements*
`Testified at deposition regarding functions and duties of a Database
`Administrator on a labour law
`Settled before trial
`
`Grunsky Law
`Reynolds
`Forensic analysis of I-Phone
`On going
`
`K & L Gates
`
`2019
`Case
`
`
`Status
`
`2019
`Case
`
`
`Status
`
`2018
`Case
`
`
`Status
`
` 2016
`Case
`
`
`Status
`
`2016
`Case
`
`Status
`
`2016
`
`
`Date
`
`Date
`
`
`
`
`
`Date
`
`
`
`
`
`Date
`
`
`
`
`Date
`
`Resume of Ian Jestice
`Printed: 03/20/20
`
`
`
`
`
` Page 5
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`IPR2021-01406
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`Case 1:20-cv-00034-ADA Document 44-8 Filed 03/20/20 Page 12 of 21
`
`Ian Jestice
`1108 Augusta Falls Way
`
`Naples, FL 34119
`
`510-304-2999
`
`ian@ianjestice.com
`
`Intellectual Ventures v Netapp*
`Review prior art for IPR. Write Expert Report and Declaration.
`Completed
`
`
`Kilpatrich Townsend
`Stategyn, LLC vs James M. Haynes*
`Examine source code, write Expert Report for trade secrets theft
`Settled
`
`Orrick
`EMC* vs PureStorage
`Examine source code, write Expert Report for storage dedupe
`technologies
`Won at trial
`
`BOARDMAN & CLARK LLP
`ServiTech* v. WSG
`Compare bank ATM software for trades secrets theft and copyright
`infringement.
`Settled
`
`Liner Law
`MyMedical* Records vs Walgreen
`Evaluate patent, write Export Report.
`Deposed
`Settled
`
`Morgan Lewis & Bockius LLP
`Dunnhumby vs Emnos*
`Evaluate code, write Expert report assist with Markman
`Ended
`
`O’Melveny Myers
`Concinnitas v Samsung*
`Evaluate code, write expert reports and assist with Markman
`Settled
`
`Wolf, Greenfield & Sacks
`EMC* v Zerto
`Evaluate architecture and documentation. Write Expert reports and
`testify by deposition and trial
`Won at trial
`
`
`
`
`
`
`
`Date
`
`Date
`
`Date
`
`
`
`
`
`Date
`
`
`
`
`
`Date
`
`
`
`
`Date
`
`
`
`
`Date
`
`
`
`Case
`
`Status
`
`
`2015
`Case
`
`Status
`
`2015
`Case
`
`
`Status
`
`2014
`Case
`
`Status
`
`2014
`Case
`
`Status
`
`2014
`Case
`
`Status
`
`2014
`Case
`
`Status
`
`2014
`Case
`
`
`
`
`Status
`
`Resume of Ian Jestice
`Printed: 03/20/20
`
`
`
`
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` Page 6
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`Case 1:20-cv-00034-ADA Document 44-8 Filed 03/20/20 Page 13 of 21
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`Date
`
`
`
`
`
`
`2014
`Case
`Project
`
`Status
`
`Date
`
`
`
`2014
`Case
`Project
`
`
`
`Status
`
`Ian Jestice
`1108 Augusta Falls Way
`
`Naples, FL 34119
`
`510-304-2999
`
`ian@ianjestice.com
`
`
`
`Latham & Watkins
`Ultramercial vs WildTangent*
`Evaluate code for patent infringement. Evaluate patent for
`invalidity. Write Expert report
`Settled
`
`
`
`
`
`O’Melveny Myers
`Fauc vs TPV & Assus*
`Test LCD & LED monitors, measure refresh and lag time. Write
`reports
`Settled
`
`John Perkins Law
`CS1000* vs Bishop
`Evaluate source code written in Python and compare defendant to
`plaintiff code. Write Expert Report
`Settled before trial
`
`Date
`
`
`
`
`
`Date
`
`
`
`
`Date
`
`
`
`
`
`Date
`
`
`
`
`
`Date
`
`
`
`2013
`Case
`Project
`
`Status
`
`2013
`Case
`Project
`Status
`
`2013
`Case
`
`Grunsky Law
`Hesse* v Alcatraz Flowers
`Forensic evaluation of accounting records
`Settled before trial
`
`Brock S. Weber | Perkins Coie LLP
`Parallel Iron v Amazon, EMC, NetApp, Facebook, Linkedin,
`Morgan Stanley, Motorola, Obitz, BofA, NetFlix and Google
`Project Write reports and declarations. Evaluate storage architecture
`Status
`Settled before trial
`
`Murchinson Law
`Kinda v. Carpenter*
`Slander and interference with business case involving network and
`internet access issues. Wrote Expert report and advised attorney on
`questions for plaintiffs Expert Witness
`Settled before trial
`
`Fish & Richardson
`Synchrome vs Samsung et al*
`Patent case involving CDROM/DVD and Tape drive technologies.
`
`2013
`Case
`Project
`
`Status
`
`2013
`Case
`Project
`
`Resume of Ian Jestice
`Printed: 03/20/20
`
`
`
`
`
` Page 7
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`IPR2021-01406
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`Case 1:20-cv-00034-ADA Document 44-8 Filed 03/20/20 Page 14 of 21
`
`Ian Jestice
`1108 Augusta Falls Way
`
`Naples, FL 34119
`
`510-304-2999
`
`ian@ianjestice.com
`
`Write report for Markman hearing
`Settled before trial
`
`
`
`
`Heim, Payne & Chorush
`Microunity* vs Apple et Al
`Evaluate the use of the NEON instruction set in ARM processing.
`Completed
`
`O’Melveny Myers
`E-Contact vs Apple, Samsung Electronics et Al*
`Analyzed source code for features of the Android Operating system
`in particular the email app code for phones and tablets.
`Settled before trial
`
`Ropes and Gray
`Summit Data vs EMC*
`Evaluate products and patents, write reports
`Settled before trial
`
`Latham Watkins
`Guzik vs Western Digital*
`Evaluate patents and disk tester technologies. Write reports
`Settled before trial
`
`DLA Piper
`Overland Technologies* vs Quantum et Al
`Evaluate tape library technologies, write reports
`Settled before trial
`
`Blakely Sokoloff Taylor and Zafman
`Datcard vs Pacsgear*
`Review source code for CDWrite and library system, write reports.
`Deposed
`Settled before trial
`
`McCathern, Mooty and Grinke LLP
`CTI* v BSG
`Review mySQL and Filemaker databases, C++, PHP code
`associated with Telecoms billing
`Settled before trial
`
`
`
`
`Status
`
`Date
`
`
`
`
`Date
`
`
`
`2012
`Case
`Project
`Status
`
`2013
`Case
`Project
`
`
`
`Status
`
`Date
`
`
`
`
`Date
`
`
`
`
`Date
`
`
`
`
`Date:
`
`
`
`2012
`Case
`Project
`Status
`
`2012
`Case
`Project
`Status
`
`2012
`Case
`Project
`Status
`
`2012
`Case
`Project:
`
`
`
`Status
`
`Date:
`
`
`
`2012
`Case
`Project:
`
`
`
`
`Status
`
`
`Resume of Ian Jestice
`Printed: 03/20/20
`
`
`
`
`
` Page 8
`
`IPR2021-01406
`ANCORA EX2017
`
`

`

`Case 1:20-cv-00034-ADA Document 44-8 Filed 03/20/20 Page 15 of 21
`
`Ian Jestice
`1108 Augusta Falls Way
`
`Naples, FL 34119
`
`510-304-2999
`
`ian@ianjestice.com
`
`
`Date:
`
`
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`
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`Date:
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`
`
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`Date:
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`Date:
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`Date:
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`Date:
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`
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`Date:
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`
`
`
`Status
`
`2011/12 Alston & Bird LLP
`Case
`RichTek* v UPI
`Project:
`Forensic Expert examining file systems and design files for trade
`secrets theft. Deposed and testifying expert at ITC.
`Won at trial.
`
`Brooks Kushman, P.C
`Ancora* v Apple
`Analyze patents associated with BIOS and authentication
`Settled before trial
`
`2012
`Case
`Project:
`Status
`
`2011
`Case
`Project:
`
`Status:
`
`Irell and Manella
`Convolve v. Western Digital, Dell and Hitachi*
`Patent infringement. Analyze patents, write expert reports, deposed,
`testified at Jury trial on infringement. Disk drive technologies.
`Federal trial in Marshal Texas.
`Settled favorably.
`
`2011
`Case
`Project:
`
`DLA Piper
`Overland* v. BDT, Dell and IBM
`Patent infringement. Analyze patents, write expert reports, deposed,
`testified at Jury trial on infringement and invalidity. Tape storage
`and library technologies. ITC case.
`Status: Won at trial.
`
`2011
`Case
`Project:
`
`Status:
`
`2011
`Case
`Project
`
`Status
`
`2011
`Case
`Project:
`
`Status:
`
`Morgan Lewis
`Class v. Lockheed*
`Analyze Expert reports, wrote Expert reports regarding
`employment law as it applies to network and systems engineers.
`Settled before trial
`
`Quinn Emanuel Urquhart and Sullivan
`Xpoint v Symantec*
`Examine source code for backup, restore and check pointing of data
`from disk drives on PC’s and servers. Write Expert reports and
`rebuttal reports.
`Settled before trial
`
`Quinn Emanuel Urquhart and Sullivan
`Value Home Auctions v X-Wire Technology*
`Compare code for home auction site using PHP and Java Code.
`Write Expert report.
`Settled before trial
`
`Resume of Ian Jestice
`Printed: 03/20/20
`
`
`
`
`
` Page 9
`
`IPR2021-01406
`ANCORA EX2017
`
`

`

`Case 1:20-cv-00034-ADA Document 44-8 Filed 03/20/20 Page 16 of 21
`
`Ian Jestice
`1108 Augusta Falls Way
`
`Naples, FL 34119
`
`510-304-2999
`
`Date:
`
`
`
`2010
`Case
`Project:
`
`
`
`Status:
`
`ian@ianjestice.com
`
`Skadden, Arps, Slate, Meagher & Flom LLP
`Undisclosed
`Review IBM-H assembler code against requirements for code
`development project and assess architecture and label structures
`Settled before trial
`
`
`
`Date:
`
`
`
`
`
`Date:
`
`
`
`
`
`Date:
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`
`
`
`
`Date:
`
`
`
`
`
`Date
`
`
`
`
`
`Date:
`
`
`
`2010
`Case
`Project:
`
`Status:
`
`2010
`Case
`Project:
`
`Status:
`
`2009
`Case
`Project:
`
`Status:
`
`2008
`Case
`Project:
`
`Status:
`
`Latham Watkins LLP
`Adobe
`Review “C” & “C++” against claimed patent and trade secrets
`involved in video media server technologies.
`Settled before trial
`
`Latham Watkins LLP
`AOC
`Patent Infringement. Review patent of software/hardware interface
`for video displays involving I2C and EDID data.
`Settled before trial
`
`O’Melveny & Meyers LLP
`Activision v. Viacom
`Copyright: Review “C++” and video code against license.
`Deposition support.
`Settled before trial
`
`McDonnell Boehnen Hulbert & Berghoff LLP
`Whirlpool* v. LG
`Patent infringement. Evaluated source code for spin dryers, motor
`controllers and washing machines. Wrote Expert reports and
`deposed.
`Settled before trial
`
`Status:
`
`Anthony Caselli, Esq.
`2008
`Case
`KMP v Anthony Caselli*
`Project: Malpractice case. Clone and search disk drives. Write expert report
`on findings. Searched company wide network of computers,
`including backups and for erased files. Examined email records.
`Settled before trial
`
`O’Melveny & Meyers LLP
`Funai v. TPV*
`Patent Infringement: Review “C” & “C++” code against claimed
`patent. Deposition support. International Trade commission patent
`infringement case involving the software and hardware used in the
`
`2008
`Case
`Project:
`
`Resume of Ian Jestice
`Printed: 03/20/20
`
`
`
`
`
` Page 10
`
`IPR2021-01406
`ANCORA EX2017
`
`

`

`Case 1:20-cv-00034-ADA Document 44-8 Filed 03/20/20 Page 17 of 21
`
`Ian Jestice
`1108 Augusta Falls Way
`
`Naples, FL 34119
`
`510-304-2999
`
`
`
`Status:
`
`ian@ianjestice.com
`
`scaling and enhancement of digital Television systems.
`Settled before trial
`
`
`
`
`
`Date:
`
`
`
`
`
`Date:
`
`
`
`
`Date:
`
`
`
`
`
`Date:
`
`
`
`
`
`
`Date:
`
`
`
`
`2007
`Case
`Project:
`
`LaMarca & Landry P.C.
`LC Technology Int'l v. MediaRecover, LLC*
`Copyright/License Infringement: Review “C” & Delphi code
`against claim. Wrote expert report. Testified in Tampa, Florida
`Federal Court in front of Judge.
`Status: Won at trial
`
`2004-05
`Case
`Project:
`Status:
`
`Shuttleworth & Ingersoll, PLC
`LC Technology v. MediaRecover*
`Review software design and computer code.
`Settled before trial
`
`2003-04 Cuneo Waldman & Gilbert, LLP
`Case
`HP v Class*
`Project:
`Review diagnostics, hardware failure analysis and analyzed
`opposing expert report and was deposed.
`Status
`Settled before trial
`
`
`2001-02 Gordon & Rees (San Francisco, CA)
`Case
`Nancy Hammel & Anna McCowan & Jolinda Rangel v. Betts
`Spring Company*
`Sexual Harassment matter. Captured and examine the contents of
`company PC’s located at Betts Spring Company. Created mirror
`images of each disk on CDROM and hard disk. Performed a
`forensic examination of the data, searching for sexually explicit
`images, text and emails. These included erased files. Created a
`report identifying which systems had which images and classified
`them by subject.
`Settled before trial
`
`Project:
`
`Status:
`
`Project:
`
`2003-04 Gray Cary Ware & Freidenrich LLP (Palo Alto, CA)
`Case
`Jupiter Media Metrix, Inc. v. Netratings, Inc. & Netvalue USA,
`Inc.
`Patent Infringement involving internet communications:
`Background Consultant, expert report and deposition support.
`Hired to identify prior art regarding the tracking and monitoring of
`users internet surfing activities. Worked on claim construction,
`code analysis, and testing competing technologies. Wrote an expert
`
`Resume of Ian Jestice
`Printed: 03/20/20
`
`
`
`
`
` Page 11
`
`IPR2021-01406
`ANCORA EX2017
`
`

`

`Case 1:20-cv-00034-ADA Document 44-8 Filed 03/20/20 Page 18 of 21
`
`Ian Jestice
`1108 Augusta Falls Way
`
`Naples, FL 34119
`
`510-304-2999
`
`ian@ianjestice.com
`
`
`report.
`Settled before trial
`
`
`Krieg, Keller & Stone
`Allisa Flemoid v. Law Offices of Michael Johnson*
`Legal Mal-Practice, Wrongful Termination. Hired to capture data
`stored on company disk drives. Mirrored the drives and searched
`the captured data including emails, and files and erased files
`regarding the case in question. Supervised the searching of the drive
`by the opposing expert and wrote an expert report using Encase.
`Settled before trial
`
`
`Skjerven, Morrill, MacPhearson, Franklin & Friel
`Windows Presentation Corporation v. Henry Lu
`Theft of Trade Secrets, recover and opine on data erased from hard
`disk drive
`Settled before trial
`
`
`
`
`Status
`
`
`
`
`Date:
`
`
`
`2003
`Case
`Project:
`
`
`
`Status:
`
`
`Date:
`
`
`
`2002
`Case
`Project:
`
`
`
`Status:
`
`
`From:
`To:
`
`
`08/1973 Coroners Court
`10/1973
`London, England
`
`Fact witness--Testimony regarding the accidental/suicide death of
`family that jumped in front of the train in London, UK.
`
`
`Education
`
`Degree
`Year University/College
`1971 City and Guilds Institute of London Telecommunications and Computer Science
`
`Publications
`
`Jestice, Ian, “Designs For Automatic Software Testing Of Mainframe Software,” Automator
`Magazine, 1990
`
`Jestice, Ian, “Marketing power conversion products on the Internet”, IEEE 1999, presented
`paper at the APEC conference in Dallas, TX.
`
`Professional Associations and Achievements
`
`
`Resume of Ian Jestice
`Printed: 03/20/20
`
`
`
`
`
` Page 12
`
`IPR2021-01406
`ANCORA EX2017
`
`

`

`Case 1:20-cv-00034-ADA Document 44-8 Filed 03/20/20 Page 19 of 21
`
`Ian Jestice
`1108 Augusta Falls Way
`
`Naples, FL 34119
`
`510-304-2999
`
`ian@ianjestice.com
`
`▪ Amdahl Design/Outstanding Contribution Awards, 1989, 1990, 1992
`▪
`IBM Service Awards, 1974-1976
`▪ British Telecom Innovation Award, 1971
`▪ Member of the IEEE.
`
`
`
`
`Resume of Ian Jestice
`Printed: 03/20/20
`
`
`
`
`
` Page 13
`
`IPR2021-01406
`ANCORA EX2017
`
`

`

`Case 1:20-cv-00034-ADA Document 44-8 Filed 03/20/20 Page 20 of 21
`
`Ian Jestice
`1108 Augusta Falls Way
`
`Naples, FL 34119
`
`510-304-2999
`
`ian@ianjestice.com
`
`
`
`
`Case
`
`Ancora* v HTC
`
`Expert
`Report
`X
`
`Huawei v. CNEX*
`Reynolds (Grunsky Law)
`Vadim Kulikov v. Outlook
`Amusements*
`Intellectual Ventures v
`Netapp*
`ServiTech* v. WSG
`Stategyn v James M. Haynes
`MyMedical* Records v
`Walgreen
`Ultramercial vs WildTangent
`Concinnitas v. Samsung
`Hesse v Alcatraz Flowers
`Dunnhumby vs Emnos*
`EMC v Zerto
`EMC v PureStorage
`TPV v Fauc
`CS1000* vs Bishop
`Parallel Iron v Amazon,
`EMC, NetApp, Facebook,
`Linkedin, Morgan Stanley,
`Motorola, Obitz, BofA,
`NetFlix and Google
`Kinda v. Carpenter
`Synchrome v Samsung et al
`Microunity v Apple et Al
`E-Contact v Apple, Samsung
`Electronics et Al
`Summit Data v EMC
`Guzik v Western Digital
`Overland Technologies v
`Quantum et Al
`Datcard vs Pacsgear
`CTI v BSG
`RichTek v UPI
`Ancora v Apple
`Convolve v. Western Digital,
`
`Resume of Ian Jestice
`Printed: 03/20/20
`
`X
`
`
`
`X
`
`X
`X
`X
`
`
`X
`
`X
`X
`X
`
`X
`X
`
`X
`X
`
`X
`
`X
`X
`X
`
`X
`
`X
`X
`X
`
`
`
`
`
`
`
`
`
`Deposed
`
`Trial
`
`1
`
`
`
`1
`
`1
`
`1
`
`1
`
`
`
`
`1
`2
`3
`
`
`
`
`
`
`
`
`1
`
`1
`1
`1
`
`Western District
`Washinghton
`Eastern District Texas
`
`
`
`
`
`
`
`
`
`
`
`
`
`District of Delaware
`District of Delaware
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`ITC
`
`Eastern District Texas
`
`
`
`
`
` Page 14
`
`IPR2021-01406
`ANCORA EX2017
`
`

`

`Case 1:20-cv-00034-ADA Document 44-8 Filed 03/20/20 Page 21 of 21
`
`Ian Jestice
`1108 Augusta Falls Way
`
`Naples, FL 34119
`
`510-304-2999
`
`ian@ianjestice.com
`
`
`Dell and Hitachi
`Overland v. BDT, Dell and
`IBM
`Lockheed v. Class
`Xpoint v Symantec
`Value Home Auctions v X-
`Wire Technology
`Activision v. Viacom
`Whirlpool v. LG
`K