GIUSEPPE CUOZZO 5/14/2013
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` UNITED STATES DISTRICT COURT
` DISTRICT OF NEW JERSEY
`
`
` CUOZZO SPEED TECHNOLOGIES, INC,
`
` Plaintiff,
`
` vs. Case No.
` 2:12-CV-03623CCC-JAD
` GARMIN INTERNATIONAL, INC., et al.,
`
` Defendants.
`
`
`
` VIDEOTAPED DEPOSITION OF GIUSEPPE CUOZZO
` Newark, New Jersey
` Tuesday, May 14, 2013
`
` Reported by:
` THOMAS A. FERNICOLA, RPR
`
`Page 2
`
` ------------------------ INDEX -------------------
` ATTORNEY PAGE
` Mr. Mudd 11
` Mr. Connor 175
`
` ----------------------- EXHIBITS -----------------
` CUOZZO'S
` DESCRIPTION PAGE LINE
` Exhibit 1 Copy of Deposition 15 6
` Notice,
` Exhibit 2 Copy of U.S. Patent 16 3
` 6,778,074,
` Exhibit 3 Copy of Declaration of 29 17
` Giuseppe Cuozzo,
` Exhibit 4 Copy of Declaration of 30 12
` Giuseppe Cuozzo,
` Exhibit 5 Copy of Exhibits A 36 17
` through P to March 10, 2013
` declaration,
` Exhibit 6 Letter dated January 2, 92 20
` 2001, Bates Nos. CST 007442 through
` 7642,
` Exhibit 7 Document titled 116 4
` Invention Submission Corporation,
` Bates Nos. CST 007643 through 7786,
` Exhibit 8 Copy of File History of 128 19
` Patent,
` Exhibit 9 Document, Bates Nos. CST 146 20
` 6734 through 6746,
`
`Page 4
`
` --------------- EXHIBITS (Cont'd) ----------------
` CUOZZO'S
` DESCRIPTION PAGE LINE
` Exhibit 10 Document, Bates Nos. 146 23
` CST 6753 through 6745,
` Exhibit 11 Document, Bates Nos. 147 1
` CST 6758 through 6777,
` Exhibit 12 Document, Bates Nos. 147 4
` CST 6778 through 6783,
`
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`www.midwestlitigation.com
`
`MIDWEST LITIGATION SERVICES
`Phone: 1.800.280.3376
`
`1 (Pages 1 to 4)
`
`Fax: 314.644.1334
`
`Garmin International, Inc.
`
`Exhibit 1023 - 1
`
`

`

` GIUSEPPE CUOZZO 5/14/2013
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`Page 5
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`Page 7
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` May 14, 2013
` 10:10 a.m.
`
` Videotaped Deposition of GIUSEPPE
` CUOZZO, held at the law offices of Scarpone &
` Vargo LLC, 50 Park Place, Suite 1003, Newark,
` New Jersey, before Thomas A. Fernicola, a
` Registered Professional Reporter and Notary
` Public of the State of New York.
`
`Page 6
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` A P P E A R A N C E S:
`
` REED & SCARDINO, LLP
` Attorneys for Plaintiff
` 301 Congress Avenue, Suite 1250
` Austin, Texas 78701
` Tel: 512.373.2449
` BY: CABRACH J. CONNOR, ESQ.
`
` ERISE IP, P.A.
` Attorneys for Defendants Garmin
` 6201 College Boulevard, Suite 300
` Overland Park, Kansas 66211
` Tel: 913.777.5600
` BY: JASON R. MUDD, ESQ.
`
` ALSO PRESENT:
` MANUEL GARCIA, Videographer
` DANIEL MITRY, Empire IP, LLC.
`
` THE VIDEOGRAPHER: This is the start
` of tape labeled No. 1 of the videotaped
` deposition of Giuseppe Cuozzo, in the
` matter of Cuozzo Speed Technologies, LLC
` versus Garmin International, Inc., on
` May 14, 2011 at approximately 10:10 p.m.
` My name is Manuel Garcia from TSG
` Reporting, Inc. I am the legal video
` specialist.
` The court reporter is Tom Fernicola,
` in association with TSG Reporting.
` Will counsel please introduce
` yourselves.
` MR. MUDD: My name is Jason Mudd.
` I'm with the law firm of Erise IP, and I'm
` appearing on behalf of Garmin
` International.
` MR. CONNOR: And on behalf of Cuozzo
` Speed and the witness, Giuseppe Cuozzo, my
` name is Cabrach Connor, and from the
` plaintiff, Cuozzo Speed Technologies, LLC,
` is Daniel Mitry.
` THE VIDEOGRAPHER: Will the court
` reporter please swear in the witness.
`
`Page 8
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` G I U S E P P E C U O Z Z O,
` called as a witness, having been duly sworn
` by a Notary Public, was examined and
` testified as follows:
` BY THE REPORTER:
` Q. Please state your full name and
` address for the record.
` A. Giuseppe Cuozzo, 119 Park Street,
` Montclair, New Jersey 07042.
` MR. CONNOR: Mr. Mitry, I just want
` to note the videographer read in the style
` from the case. It's a little different
` than the style from the IPR, which is, it's
` our understanding that we're here under the
` authority from the Inter Partes Review
` process that was issued from the board and
` under their rules.
` Is that your understanding?
` MR. MUDD: Yes, that's correct. The
` IPR matter 2012-00001 in the matter of
` Garmin International, Inc., Petitioner,
` versus Cuozzo Speed Technologies, LLC, the
` patent owner, in the United States Patent
` and Trademark Office, that is correct.
`
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`www.midwestlitigation.com
`
`MIDWEST LITIGATION SERVICES
`Phone: 1.800.280.3376
`
`2 (Pages 5 to 8)
`
`Fax: 314.644.1334
`
`Garmin International, Inc.
`
`Exhibit 1023 - 2
`
`

`

` GIUSEPPE CUOZZO 5/14/2013
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` EXAMINATION BY MR. MUDD:
` Q. Good morning, Mr. Cuozzo.
` A. Thank you.
` Q. Is it Cuozzo?
` A. Joe, is fine.
` Q. Joe. Okay. Joe. All right.
` Can you -- you may have already done
` this. Can you spell your name for the record?
` A. G-I-U-S-E-P-P-E, middle initial A,
` C-U-O-Z-Z-O.
` Q. And, Mr. Cuozzo, are you represented
` by counsel today?
` A. Yes.
` Q. Is that Mr. Cabrach Connor, is he
` your counsel today?
` A. Correct.
` Q. Okay.
` MR. MUDD: And, Cab, just to make
` sure I'm clear, you've been representing
` Mr. Cuozzo in connection with this case; is
` that correct?
` MR. CONNOR: In connection with the
` Inter Partes Review.
` MR. MUDD: The Inter Partes Review,
` as well as the District Court litigation.
`
`Page 10
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` MR. CONNOR: That is not entirely, or
`
` I should say technically correct. I
`
` represent Mr. Cuozzo for purposes of this
`
` deposition and in connection with the Inter
`
` Partes Review for purposes of discovery.
`
` MR. MUDD: Okay.
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` Q. Joe, have you had your deposition
`
` taken before?
`
` A. No.
`
` Q. I'll just quickly go through some
`
` ground rules with you. It's fairly simple.
`
` I'll just be asking you questions and I'll ask
`
` you to answer those questions. We have a court
`
` reporter here today that's taking everything
`
` down in a written record.
`
` Because of that, I'll ask that you
`
` give verbal responses; so, yeses, or nos,
`
` rather than "uh-huhs" or "uh-uhs"; is that
`
` okay?
`
` A. That's fine.
`
` Q. And we need to be careful not to
`
` speak over each other. So I'll ask that you
`
` wait for me to finish a question before you
`
` answer, and I'll do my best to wait for you to
`
` finish your answer before I ask the next
`
` question.
`
` A. Correct.
`
` Q. You understand you're under oath
`
` today and it's the same oath you would take as
`
` if you were testifying in a court?
`
` A. Correct.
`
`Page 12
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` Q. And is there any reason today why you
`
` would not be able to answer truthfully and
`
` accurately?
`
` A. No.
`
` Q. If there are any questions I ask
`
` today that you don't understand, will you let
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` BY MR. MUDD:
`
` Q. Mr. Cuozzo, have you retained other
`
` counsel to represent you in connection with
`
` either the Inter Partes Review or the District
`
` Court case?
`
` A. I'm not sure.
`
` Q. Okay.
`
` What lawyers have you spoken with in
`
` connection with either this Inter Partes Review
`
` or the District Court case?
`
` MR. CONNOR: Mr. Cuozzo, you can go
`
` ahead and answer that question as long as
`
` it does not require you to disclose the
`
` substance of those communications that you
`
` had with attorneys representing you in this
`
` matter, but the question --
`
` A. Well, I spoke with Daniel and Cab.
`
` Q. Anyone else?
`
` A. No.
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` me know that?
`
` A. Yes.
`
` Q. And I'll assume, then, that if you
`
` answer my question, that you've understood it;
`
` is that okay?
`
` A. Correct. Yes.
`
` Q. Your counsel may object at certain
`
` points during the deposition today, but unless
`
` he instructs you not to answer, you understand
`
` that you're to answer the question?
`
` A. Correct.
`
` MR. MUDD: How long are our tapes
`
` today?
`
` THE VIDEOGRAPHER: 80 minutes.
`
` MR. MUDD: 80 minutes. Okay.
`
` BY MR. MUDD:
`
` Q. We'll try to take regular breaks,
`
` but, you know, if you need a break sooner,
`
` definitely let me know.
`
`www.midwestlitigation.com
`
`MIDWEST LITIGATION SERVICES
`Phone: 1.800.280.3376
`
`3 (Pages 9 to 12)
`
`Fax: 314.644.1334
`
`Garmin International, Inc.
`
`Exhibit 1023 - 3
`
`

`

` GIUSEPPE CUOZZO 5/14/2013
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`Page 13
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` A. After a question.
` Q. Yes. After you answer the question,
` yes.
` A. Correct, yes.
` Q. Okay. Thank you.
` (Cuozzo's Exhibit 1, Copy of
` Deposition Notice, was marked for
` identification.)
` BY MR. MUDD:
` Q. Joe, I'm handing you what's been
` marked Exhibit 1, and Exhibit 1 is a copy of a
` deposition notice in this matter.
` Have you seen this document before?
` A. One moment, please.
` THE WITNESS: This is the same as --
` MR. CONNOR: You answer his question.
` A. This, is this the same thing?
` Q. I think it's different. You're
` referring to a declaration that you --
` A. Submitted.
` Q. -- that you submitted in this case.
` A. And this is --
` Q. This is a deposition notice. But
` it's okay if you have not seen it before.
` A. No. Okay.
`
`Page 14
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` Q. I'll just note for the record you're
`
` appearing pursuant to that deposition notice.
`
` (Cuozzo's Exhibit 2, Copy of U.S.
`
` Patent 6,778,074, was marked for
`
` identification.)
`
` BY MR. MUDD:
`
` Q. I'm handing you what's been marked as
`
` Exhibit 2, which is a copy of U.S. Patent
`
` 6,778,074.
`
` Have you seen this document before?
`
` A. Yes.
`
` Q. And are you the named inventor,
`
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` Q. So you met with counsel this morning
` to prepare; is that correct?
` A. No. I didn't prepare, no. There was
` no preparation. It was just to meet with him.
` Q. Okay.
` So about how long did you meet with
` counsel to prepare for your deposition?
` A. Today? 15, 20 minutes, 30 minutes.
` Q. And then did you have phone calls
` with counsel to prepare for your deposition
` today?
` A. Phone calls?
` No, there were no phone calls. To
` prepare? No.
` Q. Okay.
` Any other kind of meetings with
` counsel to prepare for your deposition today?
` A. No.
` Q. Okay.
` Did you review any documents to
` prepare for your deposition today?
` A. Yes, I did.
` Q. What did you review?
` A. The declaration that I have written.
` Q. Okay.
`
`Page 16
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` Anything else?
`
` A. No.
`
` Q. Did you review Exhibit 2, the '074
`
` patent, to prepare for your deposition today?
`
` A. No, I did not.
`
` Q. Did you have discussions with anyone
`
` else besides Mr. Connor or Mr. Mitry to prepare
`
` for your deposition today?
`
` A. No.
`
` Q. And besides Mr. Connor and Mr. Mitry,
`
` have you had discussions with anyone else about
`
` this case, either the -- and when I say "this
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` Giuseppe Cuozzo -- Cuozzo, listed on this
`
` patent?
`
` A. Yes.
`
` Q. What did you do to prepare for your
`
` deposition today?
`
` A. Get up and get coffee.
`
` Q. You got up and got coffee?
`
` A. Yes.
`
` Q. Did you meet with counsel to prepare
`
` for your deposition?
`
` A. Yes.
`
` Q. When did you meet with counsel?
`
` A. I got here approximately 9:10'ish.
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` case," I'm referring to both the IPR matter in
`
` the U.S. Patent and Trademark Office, as well
`
` as the District Court case.
`
` A. No.
`
` Q. Joe, could you briefly describe your
`
` educational background.
`
` A. Briefly.
`
` High school, I went to a trade
`
` school, which is Union County Vocational Tech.
`
` I went to two years of automotive, ASC and all
`
` eight sections of automotive.
`
` Basically a lot of education from my
`
` father, construction wise, and so on and so
`
`www.midwestlitigation.com
`
`MIDWEST LITIGATION SERVICES
`Phone: 1.800.280.3376
`
`4 (Pages 13 to 16)
`
`Fax: 314.644.1334
`
`Garmin International, Inc.
`
`Exhibit 1023 - 4
`
`

`

` GIUSEPPE CUOZZO 5/14/2013
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` forth. Very mechanically inclined.
` Q. So you did -- was it a two-year
` automotive degree in addition to high school;
` is that right?
` A. Well, usually you would have to go to
` school for one year and get four sections of
` ASC certifications to even be a mechanic; but
` my parents pushed me to stay an extra year to
` have everything covered, basically.
` Q. So do you have -- is it an
` associate's degree then?
` A. It's ASC certified certification.
` There's eight of them, like CM suspension, so
` on and so forth.
` Q. Okay.
` Any education beyond that?
` A. Life. That's a good one; right?
` Q. Yes.
` But you -- no other formal degrees
` beyond that?
` A. Degrees, no.
` Q. I think I may have seen in your
` declaration that you were a college student at
` one point.
` Were you in a degree program at a
`
`Page 18
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` college at some point?
` A. Well, the college would be -- I mean,
` it is, I'm assuming you're referencing to the
` vocational technical school that I went to.
` Q. Okay.
` A. Per se, college, I don't have any
` credits or went to a college, so...
` Q. Okay.
` And what was the name of the
` technical school you got your automotive
` education?
` A. Union County Vocational Technical
` School. It's in Union.
` Q. And what's your current occupation?
` A. Right now I actually just got laid
` off.
` Q. And before that, where had you been
` working?
` A. I was a supervisor at the Wales Hotel
` on Madison Avenue in Manhattan.
` Q. And what did your job
` responsibilities there include?
` A. Basically maintaining the whole
` building, all the rooms, ACs.
` Q. In addition to that, can you
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` summarize for me your work history?
` A. Summarize? Yes, I probably can.
` I basically worked since I was very
` little with my father, beside him since I was
` able 18 or so. Then with a shop for a while
` after school. Fell back into construction,
` basically, because that's what I wake up and
` familiarize myself with.
` And then self-employed for a while.
` Bought a house, renovated the whole house
` myself in 2006. Then I got into the hotel
` business for about four years or so.
` And now I just got laid off, so...
` Q. So when did you -- what year did you
` complete your automotive education?
` A. 2002. It's between 2001 and 2002.
` Q. Did you go to work in the automotive
` field after that?
` A. Yes, I did.
` Q. Where did you work initially in the
` automotive field?
` A. Actually, it was at a shop, I forget
` the name of it, it was a gas station off Orange
` Road in Montclair.
` Q. And how long did you work there?
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`Page 20
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` A. Not too long. It was a little too
` hot on some of the equipment, you know. It
` was -- I realized that doing that type of work
` was more of a hobby than what I wanted to do
` for my livelihood.
` Q. So did you work there for a year?
` A. Approximately.
` Q. Had you worked in an auto shop before
` that point?
` A. Actually, since I was very little,
` with my brother, we've been taking cars apart.
` I mean, I was taking cars apart when I was
` eight, completely rebuilding engines.
` We found a car actually across the
` street that we got for free and we completely
` disassembled and sprayed the whole body,
` rebuilt the engine, so on and so forth; so,
` yes.
` Q. So after you worked at that auto shop
` for about a year, where did you work next?
` A. I don't quite remember. We're
` talking a while ago.
` Q. Did you work in the automotive field
` after that point at all?
` A. Again, I mean, I've been doing it
`
`www.midwestlitigation.com
`
`MIDWEST LITIGATION SERVICES
`Phone: 1.800.280.3376
`
`5 (Pages 17 to 20)
`
`Fax: 314.644.1334
`
`Garmin International, Inc.
`
`Exhibit 1023 - 5
`
`

`

` GIUSEPPE CUOZZO 5/14/2013
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` since I was little, so I was always around it.
` If I'm not working in it, I'm still consumed in
` it, so...
` Q. Right.
` But in terms of a job that you had,
` after you left that auto shop did you have any
` other jobs working in the automotive field?
` A. Yes. Well, I wasn't in the field of
` automotive but it was in a Nissan dealer on 46.
` Q. When did you work for the Nissan
` dealership?
` A. I can't tell you the year.
` Q. How long did you work for the Nissan
` dealership?
` A. Not too long. A while.
` Q. Was it a year or less?
` A. Approximately.
` Q. What did you do at the Nissan
` dealership?
` A. I was very young then; so, I think I
` was moving cars around or something like that
` for them.
` Q. Was this after you worked in the auto
` shop on Orange Road?
` A. Correct.
`
`Page 22
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` Q. Besides the auto shop on Orange Road
`
` and the Nissan dealership, have you worked
`
` anywhere else in the automotive field?
`
` A. It doesn't come to mind.
`
` Q. You said you were laid off recently
`
` from the Wales Hotel.
`
` How recently was that?
`
` A. February.
`
` Q. And you're currently unemployed right
`
` now; is that right?
`
` A. Uh-huh. Well, I'm self-employed at
`
` this point. I'm actually Sheetrocking a
`
` two-family house tomorrow.
`
` Q. So since February, you've been
`
` self-employed in construction?
`
` A. Correct.
`
` Q. In connection with your job
`
` responsibilities in the automotive field, has
`
` any of your work involved the use of navigation
`
` devices?
`
` A. No, but I understand the concept of
`
` them.
`
` Q. Have you ever had to work on or
`
` repair a navigation device?
`
` A. No.
`
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` Q. Have you ever owned a vehicle that
` had a navigation device?
` A. Yes.
` Q. What vehicle?
` A. A Volkswagen Jetta.
` Q. When did you own that vehicle?
` A. February of 2011.
` Q. Do you still own that vehicle?
` A. Yes, I do.
` Q. Have you owned any other vehicles
` with a navigation system?
` A. No, but I've been around them.
` Q. Besides the navigation system in your
` Jetta, have you owned any other navigation
` devices?
` A. Yes.
` Q. What devices?
` A. A TomTom.
` Q. Do you know what model it was?
` A. Not off the top of my head.
` Q. Do you still own that device?
` A. No.
` Q. During what time frame did you own a
` TomTom device?
` A. 2000 -- 2008'ish.
`
`Page 24
`
` Q. Did you use your TomTom device
` regularly?
` A. No.
` Q. Did you say you were familiar with
` the operation of the TomTom device?
` A. Yes, I am.
` Q. Have you owned a Garmin device?
` A. No, I have not.
` Q. Have you used a Garmin device?
` A. Yes, I have.
` Q. When have you used a Garmin device?
` A. 2007'ish.
` Q. And what was the occasion that you
` were using a Garmin device in 2007?
` A. My friend, Nick, has one or just
` bought one then around that time, and just
` putting addresses in because he was driving, so
` I had to put the address in for him.
` Q. Have you used a Garmin device on any
` other occasion?
` A. Well, at stores when we go to Best
` Buy and stuff, they're out there in displays;
` so, browsing, yes.
` Q. Have you had any other occasions to
` use a Garmin device?
`
`www.midwestlitigation.com
`
`MIDWEST LITIGATION SERVICES
`Phone: 1.800.280.3376
`
`6 (Pages 21 to 24)
`
`Fax: 314.644.1334
`
`Garmin International, Inc.
`
`Exhibit 1023 - 6
`
`

`

` GIUSEPPE CUOZZO 5/14/2013
`
`Page 25
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` A. They can't come to mind.
`
` Q. Have you used any other navigation
`
` devices other than the TomTom you owned and
`
` the -- your friend, Nick's, Garmin device?
`
` A. Yes. At BMW, I forget what model, I
`
` think it had a DVD drive in the glove box. But
`
` that was maybe -- no, sorry. It was like when
`
` I was younger, like '99, '98, '97.
`
` Q. And what was the occasion that you
`
` were using the navigation system in that BMW?
`
` A. Well, because, again, it was new
`
` technology -- well, somewhat around the time
`
` that navigation was coming out in the vehicles.
`
` Usually it would come out in one of those
`
` higher models, like Mercedes or BMW, and I'm
`
` the curious type; so, I'm always Googling and
`
` fiddling. And it was someone that owned it and
`
` I was looking at it, you know.
`
` Q. Was it a friend of yours who owned
`
` it?
`
` A. No. An acquaintance.
`
` Q. Were you working on the car?
`
` A. No, I wasn't working on it. Again,
`
` I'm just someone that is really mechanically
`
` inclined. I was curious and he had the
`
`Page 26
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` vehicle, it was new technology. And like every
`
` other guy who sees new technology, they like
`
` gadgets and technology, so I just looked at it
`
` and was familiar -- curious.
`
` Q. Have you used any other navigation
`
` systems besides the TomTom device you owned,
`
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` A. There's -- no, there's none that I
` remember; but, again, a memory of 13 years, I'm
` not an elephant, but there's definitely --
` again, I'm mechanically inclined and savvy in
` technology and curious, so I've definitely
` touched a lot of electronics, put it that way,
` in a lot of cars, so...
` Q. Okay.
` Exhibit 2 in front of you is the '074
` patent. Is that the only patent that you're a
` named inventor on?
` A. So far, yes.
` Q. Are there some other patents you're
` working on currently?
` A. Now, no. But I'm still alive, so you
` never know.
` (Cuozzo's Exhibit 3, Copy of
` Declaration of Giuseppe Cuozzo, was
` marked for identification.)
` BY MR. MUDD:
` Q. Joe, I'm handing you what's been
` marked as Exhibit 3, which, I'll represent for
` the record is a copy of a declaration of
` Giuseppe Cuozzo pursuant to 37 CFR, Section
` 1.131.
`
`Page 28
`
` And on the last page, well, second to
`
` last page, it's dated March 10, 2013.
`
` Do you recognize Exhibit 3?
`
` A. Yes, I do.
`
` Q. And is that your signature on the
`
` second to last page?
`
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` your friend, Nick's, Garmin device, and the BMW
`
` navigation system?
`
` A. Have I used -- come again.
`
` Q. Yes. Have you used any other
`
` navigation system besides the TomTom device you
`
` owned, your friend, Nick's, Garmin device, and
`
` the BMW navigation system you just described?
`
` A. Used? Most likely, yes. I mean, to
`
` say from a time of since I was little around
`
` cars until today, Google, Internet, so on and
`
` so forth.
`
` I'm always curious. I'm mechanically
`
` inclined and I'm always looking into things
`
` like that. And, per se, have I ever fixed
`
` another one or so on so forth, I mean, that
`
` would be kind of a tough question sometimes.
`
` Q. But there aren't any others you
`
` remember distinctly besides those three?
`
` MR. CONNOR: Objection to form.
`
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` A. It is.
`
` MR. MUDD: I'm also going to go ahead
`
` and mark Exhibit 4, which is another
`
` declaration with your name on it that has
`
` been submitted in this matter.
`
` (Cuozzo's Exhibit 4, Copy of
`
` Declaration of Giuseppe Cuozzo, was
`
` marked for identification.)
`
` BY MR. MUDD:
`
` Q. Do you recognize Exhibit 4?
`
` A. I do.
`
` Q. Is that your signature on the last
`
` page of Exhibit 4?
`
` A. Yes, it is.
`
` Q. Other than these two declarations,
`
` have you, to your knowledge, prepared or worked
`
` on any other declarations for this matter?
`
` A. Not to my knowledge, no.
`
` Q. I'll start with Exhibit 3.
`
`www.midwestlitigation.com
`
`MIDWEST LITIGATION SERVICES
`Phone: 1.800.280.3376
`
`7 (Pages 25 to 28)
`
`Fax: 314.644.1334
`
`Garmin International, Inc.
`
`Exhibit 1023 - 7
`
`

`

` GIUSEPPE CUOZZO 5/14/2013
`
`Page 29
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`Page 31
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` To your knowledge, is everything that
` you stated in Exhibit 3 accurate, sitting here
` today?
` A. Give me a moment just to make sure
` it's all the same pages and so on and so forth.
` (Document Review.)
` It looks as so, yes, without -- but,
` yes.
` Q. Okay.
` And there's nothing you would like to
` correct in that declaration, Exhibit No. 3?
` MR. CONNOR: Objection to form.
` Go ahead, Mr. Cuozzo.
` A. I'm not an attorney, so, I mean...
` Q. Yes, I understand you're not an
` attorney. But, I mean, is there anything in
` Exhibit 3 that is in error that you'd like to
` correct today?
` MR. CONNOR: Objection to form.
` BY MR. MUDD:
` Q. And you can answer it.
` A. That I would want to correct today?
` Q. Yes.
` A. To my knowledge, from what it is, I
` mean, no, there's nothing really there that...
`
`Page 30
`
` Q. Okay.
` And then in Exhibit 4, that
` declaration, which is dated February 20, 2013,
` is Exhibit 4 accurate, to your best knowledge?
` A. Yes. Very accurate, actually.
` Q. Is there anything you'd like to
` correct in Exhibit 4?
` MR. CONNOR: Objection to form.
` A. No.
` Q. Let me start with Exhibit No. 3.
` Did you prepare Exhibit 3?
` A. Partially.
` Q. So you helped draft parts of
` Exhibit 3?
` A. Correct.
` Q. Did counsel assist you in preparing
` Exhibit 3?
` A. Yes.
` Q. If you could turn to the second page
` of Exhibit 3. In paragraph 7, it says, "I've
` been asked to collect and review my records."
` Do you see that?
` A. Yes, I do.
` Q. Okay.
` What records did you collect for this
`
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` matter?
`
` A. A folder.
`
` Q. What was this folder?
`
` A. A combination of things. Some papers
`
` floated out, but whatever I had on the
`
` preparation and so on and so forth.
`
` Q. So you had a folder relating to your
`
` patent?
`
` A. Yes.
`
` Q. Do you recall what documents you had
`
` in that folder?
`
` A. Many now.
`
` Q. Besides that folder, did you have any
`
` other documents you collected for this matter?
`
` A. Yes. There was other documents.
`
` Q. What were those?
`
` A. Again, I can't recollect, but there
`
` were, I mean, there's a folder and there's
`
` always other papers around, so...
`
` Q. Did you review any other documents in
`
` preparing your declaration, Exhibit 3, other
`
` than those that are cited in Exhibit 3?
`
` A. I'm not understanding your question.
`
` Sorry.
`
` Q. Sure.
`
`Page 32
`
` There were a number of exhibits to
` your declaration --
` A. Okay.
` Q. -- Exhibit 3. I believe it attaches
` Exhibit A through P?
` A. No, I did not really look at any of
` the exhibits, to be honest, before now, no.
` Q. Okay.
` A. Just the declaration, just this,
` basically.
` Q. Okay.
` So did you review any other documents
` besides Exhibit A through P to prepare your
` declaration?
` A. To prepare?
` Q. Yes.
` A. Oh, yes. I'm sorry.
` Yes, I did, obviously, by something
` that happened so long ago, things will refresh
` your memory. So, of course. Of course so.
` Q. So you reviewed Exhibit A through P
` to prepare your declaration?
` A. No.
` Q. You did not?
` A. I'm not understanding. Like it's --
`
`www.midwestlitigation.com
`
`MIDWEST LITIGATION SERVICES
`Phone: 1.800.280.3376
`
`8 (Pages 29 to 32)
`
`Fax: 314.644.1334
`
`Garmin International, Inc.
`
`Exhibit 1023 - 8
`
`

`

` GIUSEPPE CUOZZO 5/14/2013
`
`Page 33
`
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` Q. Yes.
`
` So when you prepared -- when you were
`
` working on your declaration, Exhibit No. 3 --
`
` A. Yeah.
`
` Q. -- did you review the Exhibits A
`
` through P to your declaration?
`
` A. Some, yes.
`
` Q. Okay.
`
` Were there any documents besides
`
` Exhibits A through P that you reviewed?
`
` MR. CONNOR: This is still in
`
` connection with preparing the declaration?
`
` MR. MUDD: In connection with the
`
` declaration, yes.
`
` A. Oh, yes.
`
` Q. And what were those other documents?
`
` A. Other than -- other than this?
`
` Q. Yes.
`
` A. I mean, there's nothing. I mean...
`
` Q. Nothing that you recall?
`
` A. No. I mean, again, it's just -- yes,
`
` nothing that I can recall. Just basically, to
`
` be honest, it's mostly, the evidence in here is
`
` what's -- we went over. Again, this happened
`
` 13 years ago, so...
`
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` through P.
` BY MR. MUDD:
` Q. Do you recognize --
` A. Of course.