CONFIDENTIAL
`
`Page 1
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
` PANDUIT CORP.,
` Petitioner
` V.
` CORNING OPTICAL COMMUNICATIONS, LLC
` Patent Owner
` Case IPR2017-00009
` Patent 9,020,320
`
` Case IPR2017-00029
` Patent 8,538,226
`
`
` C O N F I D E N T I A L
` Deposition of ERIC PEARSON
` August 31, 2017
` Atlanta, Georgia
`
`
`
`
`
`
`Reported by:
`Greta H. Duckett
`Job no: 19417
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Panduit Corp. v. Corning Optical
`IPR2017-00029
`
`Panduit Ex. 1006, p.1
`
`
`
`Page 1
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
` PANDUIT CORP.,
` Petitioner
` V.
` CORNING OPTICAL COMMUNICATIONS, LLC
` Patent Owner
` Case IPR2017-00009
` Patent 9,020,320
`
` Case IPR2017-00029
` Patent 8,538,226
`
`
` C O N F I D E N T I A L
` Deposition of ERIC PEARSON
` August 31, 2017
` Atlanta, Georgia
`
`
`
`
`
`
`Reported by:
`Greta H. Duckett
`Job no: 19417
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Panduit Corp. v. Corning Optical
`IPR2017-00029
`
`Panduit Ex. 1006, p.1
`
`
`
`CONFIDENTIAL
`
`Page 2
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`
` The deposition of ERIC PEARSON was
` taken before Greta H. Duckett, Certified
` Court Reporter, Registered Professional
` Reporter, and Certified Realtime Reporter, as
` Commissioner, on Thursday, August 31, 2017,
` commencing at approximately 9:18 a.m., at the
` Renaissance Atlanta Gateway Hotel,
` 2081 Convention Center Concourse, Atlanta,
` Georgia.
`
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`
`
`
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Panduit Corp. v. Corning Optical
`IPR2017-00029
`
`Panduit Ex. 1006, p.2
`
`
`
`CONFIDENTIAL
`
`Page 3
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` APPEARANCES
`
` REPRESENTING PATENT OWNER:
` Mr. Daniel S. Stringfield, Esq.
` dstringfield@steptoe.com
` STEPTOE & JOHNSON
` 115 South LaSalle Street, Suite 3100
` Chicago, Illinois 60603
` (312)577-1267
`
` Mr. James H. Williams, Esq.
` james.williams@panduit.com
` Mr. Christopher S. Clancy, Esq.
` christopher.clancy@panduit.com
` PANDUIT
` 18900 Panduit Drive
` Tinley Park, Illinois 60487
` (708)532-1800
`
`
` REPRESENTING PETITIONER:
` Mr. Eric D. Hayes, Esq.
` eric.hayes@kirkland.com
` Mr. George William (Billy) Foster, Esq.
` billy.foster@kirkland.com
` KIRKLAND & ELLIS
` 300 North LaSalle Street
` Chicago, Illinois 60654
` (312)862-2480
`
` Mr. Benjamin F. Nardone, Esq.
` nardonebf@corning.com
` Mr. Brad C. Rametta, Esq.
` ramettabc@corning.com
` Ms. Laura J. Coleman, Esq.
` colemanlj@corning.com
` CORNING INCORPORATED
` One Riverfront Plaza
` Corning, New York 14831
` (607)974-4125
`
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Panduit Corp. v. Corning Optical
`IPR2017-00029
`
`Panduit Ex. 1006, p.3
`
`
`
`CONFIDENTIAL
`
`Page 4
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` * * * * * * * *
` I N D E X
`
` EXAMINATION INDEX
`
` ERIC PEARSON
`
` BY MR. STRINGFIELD 6
`
` BY MR. HAYES 202
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`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Panduit Corp. v. Corning Optical
`IPR2017-00029
`
`Panduit Ex. 1006, p.4
`
`
`
`CONFIDENTIAL
`
`Page 5
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` EXHIBIT INDEX
`
` 1 Notice of deposition, Case 7
` IPR2017-00009
` 2 Notice of deposition, Case 7
` IPR2017-00029
`
` 3 Declaration of Pearson, Case 8
` IPR-2017-00029
` 4 Declaration of Pearson, Case 8
` IPR-2017-00009
`
` 5 Patent No. US 7,570,861 B2 70
`
` 6 Patent No. US 8,538,226 B2 107
`
` 7 Patent No. US 9,020,320 B2 139
`
` Physical Exhibit
` 4 LC push-pull to LC push-pull 122
` standard IL, length, 1 meter
` retained by Mr. Stringfield
` 5 Corning module; retained by Mr. 119
` Stringfield
`
` 6 Corning Edge module; retained 121
` by Mr. Stringfield
`
`
`
` * * * * * * * *
`
`
`
`
`
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Panduit Corp. v. Corning Optical
`IPR2017-00029
`
`Panduit Ex. 1006, p.5
`
`
`
`CONFIDENTIAL
`
`Page 6
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`
` ERIC PEARSON,
` the witness, having first been duly
` sworn to speak the truth, the whole truth and
` nothing but the truth, testified as follows:
` EXAMINATION
` BY MR. STRINGFIELD:
` Q. Good morning, Mr. Pearson. My
` name is Dan Stringfield. I'm a lawyer at
` Steptoe & Johnson out of the Chicago office.
` Do you understand that?
` A. I do.
` Q. Do you also understand that I'm
` here representing Panduit?
` A. I understand that.
` Q. And with me today are Chris
` Clancy and Jim Williams, also with Panduit.
` Would you mind telling us, sir,
` who is with you today?
` A. Mr. Eric Hayes, Mr. Billy
` Foster -- and I'm terrible with names. Ben
` and Brad and Laura.
` Q. Thank you. And with the
` exception of Mr. Hayes, is everybody you
` mentioned with Corning; is that your
` understanding?
`
`TransPerfect Legal Solutions
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`
`Panduit Corp. v. Corning Optical
`IPR2017-00029
`
`Panduit Ex. 1006, p.6
`
`
`
`CONFIDENTIAL
`
`Page 7
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` A. Mr. Hayes and Mr. Foster are
` the attorneys, and the other three are from
` Corning.
` Q. So I will mark as Exhibits #1
` and #2 Petitioner's Notice of Deposition of
` Eric R. Pearson.
` (Exhibit #1 was marked for
` identification.)
` (Exhibit #2 was marked for
` identification.)
` BY MR. STRINGFIELD:
` Q. Exhibit #1 pertains to case
` IPR2017-00009 pertaining to Patent 9020320.
` Exhibit #2 pertains to case IPR2017-00029 and
` was originally captioned -- it had the wrong
` patent number. I've taken the liberty of
` correcting that by hand with the correct
` patent number. The correct patent number
` should be 8538226.
` Mr. Pearson, have you seen
` these documents before?
` A. I'm not sure I've seen these
` documents. I understood that I would be
` deposed. I don't remember specifically
` seeing these documents.
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Panduit Corp. v. Corning Optical
`IPR2017-00029
`
`Panduit Ex. 1006, p.7
`
`
`
`CONFIDENTIAL
`
`Page 8
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` Q. Understood. Do you
` understand -- I think you told me that you're
` here to testify today regarding these two IPR
` proceedings; is that fair?
` A. That's fair.
` Q. Mr. Pearson, did you prepare a
` declaration in connection with these two IPR
` proceedings?
` A. I've prepared two declarations.
` (Exhibit #3 was marked for
` identification.)
` BY MR. STRINGFIELD:
` Q. I'll mark as Exhibit #3 the
` Declaration of Eric R. Pearson in the case of
` IPR2017-00029 pertaining to
` Patent 8538226 B2.
` (Exhibit #4 was marked for
` identification.)
` BY MR. STRINGFIELD:
` Q. I'll mark as Exhibit #4 the
` deposition IPR 2017-00009, pertaining to
` Patent 9020320.
` Mr. Pearson, have you seen
` these documents before?
` A. For Exhibit #3, yes.
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Panduit Corp. v. Corning Optical
`IPR2017-00029
`
`Panduit Ex. 1006, p.8
`
`
`
`CONFIDENTIAL
`
`Page 9
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` With respect to Exhibit #4,
` yes.
` Q. Thank you, Mr. Pearson. And
` are these the declarations that you referred
` to earlier when you told me that you
` submitted declarations in connection with the
` two IPRs we're discussing today?
` A. Yes.
` Q. And if it's all right with you,
` sir, if I refer to the Patent 8538226 as the
` '226 Patent, would you understand which
` patent I'm referring to?
` A. I do.
` Q. And likewise, if I refer to the
` Patent 9020320 as the '320 Patent, will you
` understand which patent I'm referring to?
` A. I do.
` Q. So, Mr. Pearson, I know you've
` been deposed before, but just to go over some
` of the ground rules. We have a court
` reporter taking your testimony today. That
` means we have to do our best today to not
` speak over each other. So I'll do my best to
` let you finish your answer before I ask a
` question, and, likewise, I'll ask you to do
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Panduit Corp. v. Corning Optical
`IPR2017-00029
`
`Panduit Ex. 1006, p.9
`
`
`
`CONFIDENTIAL
`
`Page 10
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` your best to wait until I'm finished with my
` question before you give an answer.
` Is that fair?
` A. Yes.
` Q. And also, Mr. Pearson, I'm
` going to do my best to give you clear and
` articulate questions. If at any point today
` I give you a question that you don't
` understand, let me know that, and I will try
` to clarify for you or give you a different
` question.
` Is that fair?
` A. Yes.
` Q. Mr. Pearson, if I give you a
` question and you answer it for me, I'm going
` to assume that you understood my question.
` Is that fair?
` A. Yes.
` Q. Mr. Pearson, I'm going to try
` to take a break about every hour. If you
` need a break more often than that, please let
` me know, and I'll try to accommodate you.
` Is that okay?
` A. That's okay.
` Q. Are you taking any medication
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Panduit Corp. v. Corning Optical
`IPR2017-00029
`
`Panduit Ex. 1006, p.10
`
`
`
`CONFIDENTIAL
`
`Page 11
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` today that would impact your ability to give
` truthful and accurate testimony today?
` A. No.
` Q. Is there any other reason that
` you cannot give your full and accurate
` testimony this morning?
` A. Not that I'm aware of.
` Q. Mr. Pearson, have you ever been
` charged with a crime?
` A. No.
` Q. What did you do to prepare for
` today's deposition?
` A. I reviewed my declarations and
` in a couple cases, I looked back at some of
` the exhibits referenced in those
` declarations.
` Q. Did you meet with anyone to
` prepare for your deposition?
` A. Yes.
` Q. Who did you meet with?
` A. With Mr. Foster and Mr. Hayes.
` Q. And when did you meet with
` them?
` A. Pardon me?
` Q. When did you meet?
`
`TransPerfect Legal Solutions
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`
`Panduit Corp. v. Corning Optical
`IPR2017-00029
`
`Panduit Ex. 1006, p.11
`
`
`
`CONFIDENTIAL
`
`Page 12
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` A. Yesterday.
` Q. For how long?
` A. We started 10:00, 10:15; we
` finished between 4:30 and 4:45; and I believe
` we took an hour-and-10- or hour-and-15-minute
` break in the middle and a couple of shorter
` breaks other than that.
` Q. Thank you. Besides Mr. Hayes
` and Mr. Foster, was anyone else there?
` A. Yes.
` Q. Who else was there?
` A. All three of the Corning
` personnel who are here now.
` Q. Mr. Pearson, you gave a
` deposition on July 19th, 2017. Do you
` remember that?
` A. Yes.
` Q. And do you remember that
` deposition being related to other IPR
` proceedings that involve patents surrounding
` the Corning Edge product?
` Do you remember that?
` A. Yes.
` Q. Did you get a chance to review
` your transcript after that deposition?
`
`TransPerfect Legal Solutions
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`
`Panduit Corp. v. Corning Optical
`IPR2017-00029
`
`Panduit Ex. 1006, p.12
`
`
`
`CONFIDENTIAL
`
`Page 13
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` A. I did.
` Q. And were you told that you
` could make changes to that transcript if you
` wished?
` MR. HAYES: So we're not going
` to -- we instruct the witness not
` to, you know, disclose any
` particular communications he's had
` with counsel. So I instruct you
` not to answer that.
` BY MR. STRINGFIELD:
` Q. I'm going to ask you a
` different question. Did you understand that
` you could make changes to the transcript if
` you saw any inaccuracies or corrections that
` were necessary?
` MR. HAYES: You can answer that
` "yes" or "no."
` A. Yes.
` Q. And did you make any
` corrections to that transcript?
` A. I do not remember doing so.
` Q. So just to save a little time
` this morning, you discussed at a prior
` deposition your educational background and
`
`TransPerfect Legal Solutions
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`Panduit Corp. v. Corning Optical
`IPR2017-00029
`
`Panduit Ex. 1006, p.13
`
`
`
`CONFIDENTIAL
`
`Page 14
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` work history. Did you see anything that was
` inaccurate about that, or can we incorporate
` the discussion of your background, education,
` and work history in today's deposition?
` A. Inaccurate, no. Incomplete,
` yes.
` Q. Okay. Can you tell me what was
` incomplete?
` A. The question was, have you -- I
` don't remember the specific question, but it
` was of the nature, have you worked as a
` mechanical engineer, and I said no. But in
` my career, I have had the function of
` mechanical engineering, during which I have
` designed equipment, so I have been acting as
` an mechanical engineer part of the time.
` Q. When did you perform the
` function of a mechanical engineer?
` A. 1976 and '77, I designed some
` of the processing equipment for my employer.
` 1978-'79, I designed two different types of
` processing equipment for operation in two of
` Corning's plants. Just before that, I was
` working in another Corning plant, and I
` designed material-handling equipment.
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Panduit Corp. v. Corning Optical
`IPR2017-00029
`
`Panduit Ex. 1006, p.14
`
`
`
`CONFIDENTIAL
`
`Page 15
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` AT&T let a contract to Pearson Technologies
` to design and develop a prototype of an
` epoxy-curing oven to be used on shipboard
` during the laying of long-distance underwater
` intercontinental fiber-optic cables.
` In the time frame '82 to '86, I
` designed some testing equipment and two
` optical fiber cable processing lines. I've
` designed two epoxy-curing ovens to be used,
` one in a fiber-optic connector and cable
` assembly operation and one to be used in a
` training operation.
` Q. Thank you for that,
` Mr. Pearson.
` A. There were others, but they
` don't come to mind.
` Q. In any of these roles that you
` described for us where you were designing
` equipment, did you design any panels for
` fiber-optic cable connections?
` A. I did.
` Q. You did?
` A. Yes. Not in those. In one
` that just came to mind.
` Q. What was that?
`
`TransPerfect Legal Solutions
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`
`Panduit Corp. v. Corning Optical
`IPR2017-00029
`
`Panduit Ex. 1006, p.15
`
`
`
`CONFIDENTIAL
`
`Page 16
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` A. I have a training kit that has
` troubleshooting fiber-optic cables in it, or
` fibers in it, and the patch panel was custom
` for that application.
` Q. When did you design that?
` A. I think it was 2015.
` Q. Was that for a particular
` client?
` A. No.
` Q. That was just for Pearson --
` excuse me. What was the name of your company
` again?
` A. Pearson Technologies,
` Incorporated.
` Q. So you designed this test kit
` for Pearson Technologies?
` A. This troubleshooting laboratory
` for Pearson Technologies, yes.
` Q. What was the purpose of the
` troubleshooting laboratory?
` A. I would give trainees a map of
` the link inside this, the container, the box.
` I would give them the specifications. There
` may or may not have been problems. And their
` basic question was, Is there a problem? If
`
`TransPerfect Legal Solutions
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`
`Panduit Corp. v. Corning Optical
`IPR2017-00029
`
`Panduit Ex. 1006, p.16
`
`
`
`CONFIDENTIAL
`
`Page 17
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` so, where is it? If there is not a problem,
` can you certify the link as being properly
` and reliably installed.
` Q. And was this in connection with
` a training service that your company was
` offering?
` A. Yes.
` Q. Do you still offer that
` training service?
` A. I do.
` Q. Is Corning a client of that
` training service?
` A. No.
` Q. Can you tell me some of your
` clients?
` A. The Army, Navy, the Air Force,
` the Marines, the EPA, Los Angeles Department
` of Power and Water, Las Vegas Department of
` Power and Water, Cincinnati Bell,
` Commonwealth Edison in the Chicago area. I
` have to remember all the names. There are
` several hundred, but I don't remember all the
` names right now.
` Q. Several hundred?
` A. Yes.
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Panduit Corp. v. Corning Optical
`IPR2017-00029
`
`Panduit Ex. 1006, p.17
`
`
`
`CONFIDENTIAL
`
`Page 18
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` Q. How many students have you had
` in this training program?
` A. Through this or prior
` programs -- yeah, prior programs, over 8900,
` I believe. I believe the number is
` 8970-something last time I looked.
` Q. I think I know the answer, but
` you don't conduct this training yourself?
` A. I do.
` Q. You do?
` A. This is training that I give --
` I personally give them.
` Q. And how many students will you
` have in a given training session?
` A. There's no single answer for
` that. At the lower end, it's six. At the
` higher end, it's been 32.
` Q. When did you start giving this
` training?
` A. The -- to be accurate, the very
` first connector installation training was
` approximately 1983. In 1990, I started
` giving regular training programs. And I've
` given two this year.
` Q. In 2017?
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Panduit Corp. v. Corning Optical
`IPR2017-00029
`
`Panduit Ex. 1006, p.18
`
`
`
`CONFIDENTIAL
`
`Page 19
`
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` A. Yes.
` Q. When were those?
` A. Once in January and once, I
` believe it was March.
` Q. How many students did you have
` at each of those?
` A. I'm pulling from memory, so I
` may not be accurate. I think it was eight.
` It might have been 10, in the January --
` January program. And in the second
` program -- again, it was either eight or 10.
` Q. So turning back to the
` troubleshooting laboratory that you
` described, I believe you said that the patch
` panel was custom?
` A. Yes.
` Q. Can you describe that for us?
` A. I had to take the standard
` patch panel and I had to fit it into the
` container in which the cables were connected
` and I had to mount it in a certain way
` because the container wasn't designed for
` patch panels.
` Q. You said it was a standard
` patch panel before you modified it?
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Panduit Corp. v. Corning Optical
`IPR2017-00029
`
`Panduit Ex. 1006, p.19
`
`
`
`CONFIDENTIAL
`
`Page 20
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`
` A. It was a standard patch panel
` plate, and I put barrels -- installed barrels
` in that patch panel plate.
` Q. Who made that patch panel?
` A. If memory serves me, I
` purchased the patch panel from Fiber
` Instrument Sales in Oriskany, New York.
` Q. Do you know who manufactured
` it?
` A. No.
` Q. Can you describe for us what a
` patch panel plate is?
` A. Certain enclosures will come
` with cutouts, and those cutouts are to enable
` attachment of the patch panel plate. The
` plate is a piece of metal with holes formed
` in the plate. The adapters fit in those
` holes and are attached to those -- to that
` plate in some manner.
` Q. What type of adapters are in
` the patch panel plate in your troubleshooting
` laboratory?
` A. LCs.
` Q. Do you know what brand LCs they
` are?
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Panduit Corp. v. Corning Optical
`IPR2017-00029
`
`Panduit Ex. 1006, p.20
`
`
`
`CONFIDENTIAL
`
`Page 21
`
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`
` A. I do not.
` Q. Do you have a rough idea of how
` many different manufacturers there are of
` LC adapters?
` A. A minimum of 12.
` Q. Are you familiar with at least
` 12 sitting here? Is that why you said it
` that way?
` A. I remember asking myself the
` question how many people make LC connectors,
` and if they make the LC connectors, they
` always offer LC adapters.
` Q. Do you know, sitting here
` today, the approximate size of the
` LC adapters made by those 12 companies?
` A. No.
` Q. Do you know if they vary
` greatly from one to another?
` A. In some cases, yes.
` Q. Can you tell me what the
` smallest one you can think of is?
` A. A simplex.
` Q. Is there a specific
` manufacturer of a simplex adapter that would
` be the smallest?
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Panduit Corp. v. Corning Optical
`IPR2017-00029
`
`Panduit Ex. 1006, p.21
`
`
`
`CONFIDENTIAL
`
`Page 22
`
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`
` A. I doubt it.
` Q. Why do you doubt that?
` A. Because the adapters have to
` fit in the holes, and the holes are sized
` according to an EIA document with the
` designation 310, assuming the manufacturer
` follows that standard, and compliance with
` standards is voluntary.
` Q. So the smallest adapter would
` have to be at least as big as the hole
` specified in the standard; is that fair?
` MR. HAYES: Objection. Vague.
` A. Please state the question
` again.
` Q. Let me ask you a new question.
` You referred to the EIA standard which
` defines the holes when we were talking about
` the size of the adapters. Why did you do
` that?
` A. End users like to have options.
` Because of that fact, connectors and adapters
` will tend to be sized compatibly, freeing up
` customers from being forced into using
` products from a single source.
` Q. So when you say the adapters
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Panduit Corp. v. Corning Optical
`IPR2017-00029
`
`Panduit Ex. 1006, p.22
`
`
`
`CONFIDENTIAL
`
`Page 23
`
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`
` are sized compatibly, are you talking about
` the external dimension of the LC adapter?
` A. No.
` Q. What do you mean by sized
` compatibly?
` A. If one wishes to install a
` simplex adapter in a patch panel, a standard
` patch panel, implying compliance with the 310
` document, then the dimensions that fit in the
` hole need to be compatible.
` Q. But it sounds like you can't
` tell me whether the outside dimensions are
` standardized from manufacturer to
` manufacturer; is that right?
` A. Please restate the question --
` MR. STRINGFIELD: Can you read
` it back --
` A. -- to be sure I answer it the
` correct way.
` Q. Sure.
` MR. STRINGFIELD: Can you
` please read the question back for
` us?
` (The court reporter read the
` requested portion as follows:
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Panduit Corp. v. Corning Optical
`IPR2017-00029
`
`Panduit Ex. 1006, p.23
`
`
`
`CONFIDENTIAL
`
`Page 24
`
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`
` Question, But it sounds like
` you can't tell me whether the
` outside dimensions are
` standardized from
` manufacturer to manufacturer;
` is that right?)
` A. I cannot tell you that.
` Q. So, Mr. Pearson, these
` adapters, my understanding is that they plug
` into these holes in the panels; is that fair?
` A. No.
` Q. Why is that not fair?
` A. Because they don't plug in.
` Q. What do they do?
` A. They fit in.
` Q. What's the difference between
` plugging and fitting?
` A. Plugging implies something is
` going into and will be retained by something
` else.
` Q. And fitting does not imply
` that?
` A. And fitting does not describe
` the function of the size.
` Q. So the hole size in the panel
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Panduit Corp. v. Corning Optical
`IPR2017-00029
`
`Panduit Ex. 1006, p.24
`
`
`
`CONFIDENTIAL
`
`Page 25
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`
` is standardized, we agree on that; right?
` A. For those who follow the 310
` document, yes.
` Q. And the adapters then, at least
` the rear portion of the adapter, must be
` sized such that it fits into that hole; is
` that fair?
` A. In my experience, that's fair.
` Q. And then the front portion,
` which would protrude from the face of the
` panel, I believe you tell us in your
` declaration that that must be somewhat larger
` than the hole; is that accurate?
` A. Yes.
` Q. Is that always the case?
` THE WITNESS: Please read the
` question back.
` (The court reporter read the
` requested portion as follows:
` Question, And then the front
` portion, which would protrude
` from the face of the panel, I
` believe you tell us in your
` declaration that that must be
` somewhat larger than the
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Panduit Corp. v. Corning Optical
`IPR2017-00029
`
`Panduit Ex. 1006, p.25
`
`
`
`CONFIDENTIAL
`
`Page 26
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`
` hole; is that accurate?
` Answer, Yes.
` Question, Is that always the
` case?)
` A. I'm not sure.
` Q. You're not sure if it's always
` the case?
` A. That's correct.
` Q. That's because you're aware
` that there are at least 12 different
` manufacturers of LC adapters?
` A. I cannot come up with a memory
` of it not being the case, but I'm not sure
` that there isn't a case.
` Q. Do you know approximately how
` much bigger than the hole would be the front
` portion of an LC adapter across these 12
` manufacturers?
` A. No.
` Q. You can't tell me for any of
` them?
` A. No.
` Q. Do you have any sense for an
` average across the 12 you're thinking of?
` A. No.
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Panduit Corp. v. Corning Optical
`IPR2017-00029
`
`Panduit Ex. 1006, p.26
`
`
`
`CONFIDENTIAL
`
`Page 27
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`
` Q. Do you know whether it's 10
` percent of the face area of the LC adapter
` would be --
` A. I do not know that.
` Q. Did you endeavor to research
` that when forming your opinions embodied in
` your declaration that we're discussing today?
` A. No.
` Q. Of the 12 manufacturers of
` LC adapters -- and let's talk about duplex --
` can you think of one that's the largest of
` the 12?
` A. No.
` Q. And then for simplex adapters,
` can you tell me which of the 12 manufacturers
` makes the largest simplex adapter?
` A. No.
` Q. Mr. Pearson, backing up a
` little bit. When you gave your deposition in
` July, I believe you told us that you've
` testified at about 18 litigations; is that
` right?
` A. If I said that, that's
` approximately correct.
` Q. When was the most recent
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Panduit Corp. v. Corning Optical
`IPR2017-00029
`
`Panduit Ex. 1006, p.27
`
`
`
`CONFIDENTIAL
`
`Page 28
`
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`
` testimony that you gave besides the IPR
` proceedings that we're here for today?
` A. I do not remember the year.
` Q. Has it been more than five
` years ago?
` A. I do not remember.
` Q. And, Mr. Pearson, I believe
` you've told us that you work at Pearson
` Technologies; is that right?
` A. Yes.
` Q. And that's been since about
` 1980?
` A. Yes.
` Q. Tell me what services Pearson
` Technologies offers.
` A. Well, training, obviously. At
` times, I have consulted with manufacturers to
` define the properties that their products
` should have to be attractive and competitive.
` I have worked with attorneys and insurance
` companies on damage claims when a fiber-optic
` cable is damaged. There is often a -- at
` least a preliminary legal action, and I
` advise them on responsibility for the damage
` and provide an assessment of the damage
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Panduit Corp. v. Corning Optical
`IPR2017-00029
`
`Panduit Ex. 1006, p.28
`
`
`
`CONFIDENTIAL
`
`Page 29
`
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`
` claims. I have -- let me see if there's
` anything else, any kind of service I've
` provided.
` I have provided design services
` of an oversight nature, where a client has
` come with a potential design and has asked me
` to comment on it.
` Q. And do you also provide expert
` witness testimony in litigations?
` A. Yes.
` Q. And specifically in patent
` litigations?
` A. I have done so.
` Q. And that is your role here
` today; is that right?
` A. That is correct.
` Q. What percentage of your time
` does the -- your -- do your responsibilities
` as a testifying expert in patent litigations
` occupy?
` A. I have never calculated that.
` I can estimate it's 5 to 10 percent.
` Q. Mr. Pearson, I believe you told
` us that you're being paid $400 per hour; is
` that true?
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Panduit Corp. v. Corning Optical
`IPR2017-00029
`
`Panduit Ex. 1006, p.29
`
`
`
`CONFIDENTIAL
`
`Page 30
`
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`
` A. Yes.
` Q. Are you being paid for your
` testimony?
` A. Yes.
` Q. You were paid for your time
` yesterday preparing?
` A. Yes.
` Q. I think you told us that you
` started work on the Corning Panduit IPRs in
` May; is that right?
` A. That is not correct.
` Q. Okay. When did you begin
` working on them?
` A. I reviewed the retention email,
` and it was dated April 2nd.
` Q. You were retained April 2nd?
` A. Yes.
` Q. When did you begin work on
` these matters?
` A. Shortly thereafter.
` Q. Do you know when approximately?
` A. I cannot tell you that.
` Q. Do you keep time records?
` A. I do.
` Q. Do you know how much time you
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@T
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