Page 1
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` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`- - - - - - - - - - - - - - - -
` )
`FEDEX CORP., )
` )
` Petitioner, )
` ) Case IPR2017-00741
`vs. )
` ) Patent No.
`INTELLECTUAL VENTURES II LLC, ) 6,633,900
` )
` Patent Owner. )
` )
`- - - - - - - - - - - - - - - -
`
`
` VIDEOTAPED DEPOSITION OF
` TAL LAVIAN, Ph.D.
` Palo Alto, California
` Thursday, October 19, 2017
`
`REPORTED BY:
`CATHERINE A. RYAN, CMR CRR, CSR No. 8239
`Job no: 19806
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Exhibit 2011 Page 1
`
`IV Exhibit 2011
`FedEx v. IV
`Case IPR2017-00741
`
`
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`- - - - - - - - - - - - - - - -
` )
`FEDEX CORP., )
` )
` Petitioner, )
` ) Case IPR2017-00741
`vs. )
` ) Patent No.
`INTELLECTUAL VENTURES II LLC, ) 6,633,900
` )
` Patent Owner. )
` )
`- - - - - - - - - - - - - - - -
`
`
` VIDEOTAPED DEPOSITION OF
` TAL LAVIAN, Ph.D.
` Palo Alto, California
` Thursday, October 19, 2017
`
`REPORTED BY:
`CATHERINE A. RYAN, CMR CRR, CSR No. 8239
`Job no: 19806
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Exhibit 2011 Page 1
`
`IV Exhibit 2011
`FedEx v. IV
`Case IPR2017-00741
`
`
`
`Page 2
`
` October 19, 2017
` 9:14 a.m.
`
` Videotaped Deposition of TAL LAVIAN,
`Ph.D., held at the offices of Finnegan, Henderson,
`Farabow, Garrett & Dunner, LLP, 3300 Hillview
`Avenue, Palo Alto, California, pursuant to Notice
`before CATHERINE A. RYAN, CMR, CRR, CSR No. 8239,
`within and for the State of California.
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`A P P E A R A N C E S:
`
`On Behalf of Patent Owner:
`DESMARAIS LLP
`BY: KEVIN K. McNISH, ESQ.
` ADAM STEINMETZ, ESQ. (Telephonically)
` 230 Park Avenue
` New York, New York 10169
` 212.808.2954 (Mr. McNish)
` 212.808.2915 (Mr. Steinmetz)
` 212.351.3401 Fax
` kmcnish@desmaraisllp.com
` asteinmetz@desmaraisllp.com
`
`On Behalf of Petitioner:
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`BY: DANIEL C. TUCKER, ESQ.
` Two Freedom Square
` 11955 Freedom Drive
` Reston, Virginia 20190-5675
` 571.203.2793
` 202.408.4400 Fax
` daniel.tucker@finnegan.com
`
`APPEARANCES (Continued)
`ALSO PRESENT:
` ALFREDO DOMADOR, Legal Video Specialist
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`
`
`-------------------------INDEX----------------------
`WITNESS EXAMINATION BY PAGE
`TAL LAVIAN, Ph.D.
` BY MR. McNISH 8
`
`Page 4
`
`-------------------EXHIBITS INTRODUCED------------------
`NUMBER DESCRIPTION PAGE
`Exhibit 1004"Declaration of Tal Lavian, Ph.D., in 10
` Support of Petition for Inter Partes
` Review of U.S. Patent No. 6,633,900";
` 58 pages
`
`Exhibit 1001"United States Patent, Khalessi et 13
` al., Patent No.: US 6,633,900 B1,
` Date of Patent: Oct. 14, 2003"; 29
` pages
`
`Exhibit 1002"United States Patent, Storch et al., 42
` Patent Number: 5,920,846, Date of
` Patent: Jul. 6, 1999"; 68 pages
`
`Exhibit 1003"United States Patent, Butler et al., 45
` Patent Number: 4,922,516, Date of
` Patent: May 1, 1990"; 18 pages
`
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`
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`Page 5
`-------------------EXHIBITS INTRODUCED------------------
`NUMBER DESCRIPTION PAGE
`Exhibit 2001"McGraw-Hill Illustrated Telecom 71
` Dictionary, Jade Clayton"; 7 pages
`
`Exhibit 2002"The IEEE Standard Dictionary of 104
` Electrical and Electronics Terms"; 10
` pages
`
`---------------------EXHIBITS MARKED--------------------
`NUMBER DESCRIPTION PAGE
`Exhibit 2005"Tal Lavian, Ph.D., Expert Services in 50
` Internet Network Communications"; 1
` page
`
`Exhibit 2006"Tal Lavian, Ph.D., Research and 54
` Consulting: Telecommunications,
` Network Communications, and Mobile
` Wireless Technologies"; 14 pages
`
`Exhibit 2007"TELECOMMUNICATIONS: GLOSSARY OF 110
` TELECOMMUNICATION TERMS"; 498 pages
`
`//
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
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`Page 6
`---------------------EXHIBITS MARKED--------------------
`NUMBER DESCRIPTION PAGE
`Exhibit 2008"DECLARATION OF TAL LAVIAN, PH.D., IN 111
` SUPPORT OF PETITION FOR INTER PARTES
` REVIEW OF PATENT NO. 7,764,777"; 82
` pages
`
`Exhibit 2009"DECLARATION OF TAL LAVIAN, PH.D., IN 124
` SUPPORT OF PETITION FOR INTER PARTES
` REVIEW OF U.S. PATENT NO. 7,787,904
` B2"; 160 pages
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`Exhibit 2011 Page 6
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` P R O C E E D I N G S
`
`Page 7
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` THE VIDEOGRAPHER: Good morning.
` This is Media No. 1 of the video-recorded
`deposition of Tal Lavian in the matter of Fed-Ex
`Corporation versus Intellectual Ventures II LLC.
` This case is in the U- -- United States
`Patent and Trademark Office, before the Patent Trial
`and Appeal Board. The case number is IPR2017-00741.
` This deposition is being held at
`3300 Hillview Avenue, Palo Alto, California 94304,
`on October 19th, 2017, at approximately 9:14 a.m.
` My name is Alfredo Domador from the firm
`TransPerfect, and I'm the legal video specialist.
`The court reporter is Catherine Ryan, in association
`with TransPerfect.
` Will counsel please introduce themselves.
` MR. McNISH: Kevin McNish, Desmarais LLP,
`counsel for Patent Owner Intellectual Ventures II
`LLC.
` MR. TUCKER: Dan Tucker, from the law firm
`of Finnegan, counsel for Petitioner, Fed-Ex Corp.
` THE VIDEOGRAPHER: Will the court reporter
`please swear in the witness and we can begin.
`//
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
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` TAL LAVIAN, Ph.D.,
`having been administered an oath, was examined and
`testified as follows.
` MR. McNISH: This is a deposition in
`Case IPR2017-00741 at the Patent Trial and Appeal
`Board. Case IPR2017-00741 involves U.S. Patent
`No. 6,633,900.
` EXAMINATION
`BY MR. McNISH:
` Q Dr. Lavian, would you please just state
`your full name for the record.
` A Tal Lavian.
` Q Dr. Lavian, I'm going to be asking you a
`series of questions today.
` Do you understand that you were just sworn
`in and will be answering my questions under oath?
` A Yes.
` Q Dr. Lavian, do you understand that you are
`obligated to testify truthfully?
` A Yes.
` Q And, Dr. Lavian, we have a court reporter
`who is transcribing the questions and answers today.
` Would you please wait until I finish my
`question before you give your answer?
` A Yes.
`
`TransPerfect Legal Solutions
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` Q And, also, please give verbal answers for
`the court reporter to write down as opposed to
`gestures or "uh-hmms" or other nonverbal
`indications.
` Will you please do that?
` A Yes.
` Q Okay. If you don't understand a question,
`please just ask me to repeat it or clarify it. If
`you don't, I'm going to assume you understand the
`question.
` Fair?
` A Yes.
` Q And if you need to take a break, please
`just let me know. The only thing I ask is that you
`not take a break while there is a question pending.
` Fair?
` A Yes.
` Q Dr. Lavian, you understand that you're
`acting in these proceedings as an expert witness for
`the petitioner, Fed-Ex?
` A Yes.
` Q And, Dr. Lavian, you understand that your
`testimony today will become part of the record of
`this proceeding?
` A Yes.
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
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` Q And, Dr. Lavian, you understand that your
`testimony today will become publicly available as if
`you're testifying in court?
` A Yes.
` Q Dr. Lavian, you understand that you're
`being videotaped today?
` A Yes.
` Q And do you understand that with the
`Board's authorization, excerpts of your video
`testimony can be submitted to the Board as evidence?
` A Yes.
` Q Dr. Lavian, is there any reason you cannot
`provide full and truthful testimony today?
` A No.
` Q Dr. Lavian, the testimony you give today
`will be full and truthful?
` A Yes.
` Q Did you bring any documents with you
`today?
` A No.
` (Exhibit 1004 was introduced.)
` MR. McNISH: All right. I'm going to be
`handing the witness what has been previously marked
`in this proceeding as Fed-Ex Exhibit 1004.
` MR. TUCKER: Thanks.
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
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`Page 11
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`BY MR. McNISH:
` Q Dr. Lavian, what I have handed you,
`previously marked as Fed-Ex Exhibit 1004, is your
`declaration in this proceeding, correct?
` A Yes.
` Q I'm going to refer to Fed-Ex Exhibit 1004
`as "your declaration."
` Will you understand that?
` A Yes.
` Q Dr. Lavian, does your declaration state
`all of your opinions in this proceeding?
` A Yes.
` Q Dr. Lavian, does your declaration
`accurately state all of your opinions in this
`proceeding?
` A Yes.
` Q Dr. Lavian, are there any corrections you
`need to make to your declaration in this proceeding?
` A Not that I know of.
` Q Dr. Lavian, is there anything missing from
`your declaration in this proceeding?
` A Not that I know of.
` Q Okay. When is the last time you reviewed
`your declaration in this proceeding?
` A A few hours ago.
`
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` Q All right. Dr. Lavian, if you would
`please turn in your declaration to paragraph 43.
` Dr. Lavian, in paragraph 43 of your
`declaration, you describe the educational
`credentials of a person of ordinary skill in the art
`with respect to the '900 patent, correct?
` A Yes.
` Q And the '900 patent is U.S.
`Patent 6,633,900, correct?
` A Yes.
` Q And that's the patent at issue in this
`case?
` A Yes.
` Q If you'll please turn to paragraph 44 of
`your declaration.
` In paragraph 44 of your declaration, you
`describe the industry experience, or the academic
`equivalent thereof, of what a person of ordinary
`skill in the art with respect to the '900 would
`have, correct?
` A Yes.
` Q Okay. So, Dr. Lavian, when I refer to a
`person of ordinary skill in the art in this
`deposition, I'll be referring to a person of
`ordinary skill with respect to the '900 patent as
`
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`described in paragraphs 43 and 44 of your
`declaration.
` So when I say a person of ordinary skill
`in the art, will you understand that to be a person
`of ordinary skill in the art with respect to the
`'900 patent as described in paragraphs 43 and 44 of
`your declaration?
` A As the paragraph starting from 42 to 49,
`yes, I agree.
` (Exhibit 1001 was introduced.)
` MR. McNISH: Handing the witness what's
`been previously marked as Fed-Ex Exhibit 1001.
` MR. TUCKER: Thanks.
`BY MR. McNISH:
` Q Dr. Lavian, what I've placed in front of
`you, previously marked as Fed-Ex Exhibit 1001, is
`U.S. Patent 6,633,900 to Amir Khalessi and Sasan
`Ardalan, correct?
` A Yes.
` Q I'm going to call Fed-Ex Exhibit 1001 the
`"'900 patent."
` Is that all right?
` A Yes.
` Q The '900 patent is the patent at issue in
`Case IPR2017-00741, correct?
`
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` A Yes.
` Q And the '900 patent is the patent
`discussed in your declaration, correct?
` A Yes.
` Q You've read the '900 patent, correct?
` A Yes.
` Q And you've read the specification of the
`'900 patent?
` A Yes.
` Q And you've read the claims of the '900
`patent?
` A Yes.
` Q And you provide opinions about Claim 1 of
`the '900 patent in your declaration?
` A Yes.
` Q When is the last time you reviewed the
`'900 patent?
` A A few hours ago.
` Q If you'll please turn to Claim 1 of the
`'900 patent.
` Claim 1 of the '900 patent includes, among
`other elements, an enterprise computing system and
`at least one mobile field unit, correct?
` A Yes.
` Q We're going to be discussing the
`
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`enterprise computing system and at least one mobile
`field unit.
` Would you please turn to paragraph 11 of
`your declaration.
` In paragraph 11 of your declaration, you
`state: "Worse yet, Claim 1 is not even limited to
`TCP/IP. It is silent regarding any communication
`protocol whatsoever, and the only components it
`recites are an 'enterprise computing system,' a
`'mobile field unit,' and a 'database,'" correct?
` A Yes.
` Q If you'll please turn to paragraph 41 of
`your declaration.
` Paragraph 41 of your declaration states,
`in part: "Independent Claim 1 of the '900 patent
`captures this method of distributing work order
`assignment data to a field crew. While the '900
`patent describes embodiments where the enterprise
`computing system and mobile field unit communicate
`using a computer network and TCP/IP, Claim 1 is not
`so limited."
` Do you see that?
` A Yes.
` Q Okay. And paragraph 41 of your
`declaration continues: "In fact, Claim 1 does not
`
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`at all specify or limit the communications medium
`through which the claim steps are performed."
` Do you see that?
` A Yes.
` Q Does Claim 1 require that the mobile field
`unit and enterprise computing system communicate
`using nonproprietary technology?
` MR. TUCKER: Objection. Form.
` THE WITNESS: It's silent about this.
`BY MR. McNISH:
` Q Would it be fair to say that Claim 1 does
`not require that the mobile field unit and
`enterprise computing system communicate using
`nonproprietary technology?
` MR. TUCKER: Objection. Form.
` THE WITNESS: I am not sure I understand
`the question. Does not. It's silent about it.
`BY MR. McNISH:
` Q So Claim 1 is silent as to whether the
`enterprise computing system and mobile field unit
`communicate using nonproprietary technology?
` A What do you mean by "nonproprietary
`technology"?
` Q As somebody who has reviewed the '900
`patent, what's your understanding of "nonproprietary
`
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`technology"?
` MR. TUCKER: Objection. Form.
` THE WITNESS: I don't know. I don't know
`what you mean. Clarify your question. I will
`appreciate if you clarify your question.
`BY MR. McNISH:
` Q Do you have an understanding of what
`"nonproprietary technology" is in the context of the
`'900 patent?
` A No, not in the context of '900.
` Q If Claim 1 does not at all specify or
`limit the communications medium -- strike that.
` If Claim 1 of the '900 patent does not at
`all specify or limit the communication medium
`through which the claimed steps are performed, would
`it be fair to say that Claim 1 of the '900 patent
`does not require the mobile field unit and
`enterprise computing system to communicate using
`nonproprietary technology?
` MR. TUCKER: Objection. Form.
` THE WITNESS: I'm not sure that I
`understand what you mean by saying "nonproprietary
`technology." I didn't see these words in the '900
`patent, and I'm not sure I understand what you mean.
` MR. McNISH: Let me ask it a little
`
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`differently.
` Q Is it your opinion that, in Claim 1, the
`enterprise computing system and mobile field unit
`can communicate over any communications medium?
` MR. TUCKER: Objection. Form.
` THE WITNESS: Yes.
`BY MR. McNISH:
` Q If you'll please turn to paragraph 108 of
`your declaration.
` Before we go into paragraph 108 of your
`declaration, let me follow up on my previous
`question.
` Given your opinion that, in Claim 1, the
`enterprise computing system and mobile field unit
`can communicate over any communications medium, in
`Claim 1, can the enterprise computing system and
`mobile field unit communicate using proprietary
`technologies?
` MR. TUCKER: Objection. Form.
` THE WITNESS: First, let's say that -- I
`didn't say they communicate via any communicating
`medium. That not what I said.
` MR. McNISH: I'm sorry. Court Reporter,
`would you please read back my question at 9:30:25
`and the witness's answer.
`
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` (Record read by the reporter as follows:
` "QUESTION: Is it your opinion that,
` in Claim 1, the enterprise computing
` system and mobile field unit can
` communicate over any communications
` medium?
` "MR. TUCKER: Objection. Form.
` "THE WITNESS: Yes.")
`BY MR. McNISH:
` Q Dr. Lavian, if, in Claim 1, the enterprise
`computing system and mobile field unit can
`communicate over any communications medium, would it
`be fair to say that, in Claim 1, the enterprise
`computing system and mobile field unit can
`communicate using proprietary technologies?
` MR. TUCKER: Objection. Form.
` THE WITNESS: Let me qualify what I said
`before. It's can communicate, but not over any.
`"Any" is too broad to say.
` Can you repeat the last sentence of your
`question? I don't remember it.
` MR. McNISH: Sure.
` Q In Claim 1, can the enterprise computing
`system and mobile field unit communicate using
`proprietary technologies?
`
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` MR. TUCKER: Objection. Form.
` THE WITNESS: What do you mean by
`"proprietary technology"?
`BY MR. McNISH:
` Q Would you agree with me that
`proprietary -- strike that.
` What's your under- -- strike that.
` As somebody who has reviewed the '900
`patent, what is your understanding of proprietary
`technologies pertaining to the context of the '900
`patent?
` MR. TUCKER: Objection. Form. Objection.
`Asked and answered.
` THE WITNESS: I'm not sure if the '900
`mentioned at all proprietary technology or
`nonproprietary technology. I don't think that's in
`this -- in the context of the specification.
`BY MR. McNISH:
` Q Would it be fair to say that Claim 1 does
`not require that the mobile field unit and
`enterprise computing system communicate using
`nonproprietary technology?
` MR. TUCKER: Objection. Form.
` THE WITNESS: What do you mean by
`"nonproprietary technology"? It's not part of the
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Exhibit 2011 Page 20
`
`
`
`Page 21
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`'900 patent.
`BY MR. McNISH:
` Q So nonproprietary technology is not
`required by Claim 1 of the '900 patent?
` MR. TUCKER: Objection. Form.
` THE WITNESS: That not what I said.
`BY MR. McNISH:
` Q Is nonproprietary technology required by
`Claim 1 of the '900 patent?
` MR. TUCKER: Objection. Form.
` THE WITNESS: Can you explain what do you
`mean by "nonproprietary technology"?
`BY MR. McNISH:
` Q Okay. You've reviewed the '900 patent,
`correct?
` A Yes.
` Q Okay. Do you have an understanding of
`what nonproprietary -- strike that.
` Do you have an understanding of what a
`person -- strike that again.
` How would a person of ordinary skill in
`the art, with respect to the '900 patent, have
`understood "nonproprietary technology"?
` MR. TUCKER: Objection. Form.
` THE WITNESS: It is not part of the '900
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Exhibit 2011 Page 21
`
`
`
`Page 22
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`patent. I'm just trying to understand what you are
`asking.
`BY MR. McNISH:
` Q At the time of the invention of the '900
`patent, what would a person of ordinary skill in the
`art consider to be nonproprietary technology for
`communicating between an enterprise computing system
`and a mobile field unit?
` MR. TUCKER: Objection. Form.
` THE WITNESS: I ask so far so many times.
`Do you mean nonproprietary technology, for example,
`the communication between NASA to Mars? Or do you
`mean communication between NASA to some remote
`location in the space? I don't know what you mean
`by "nonproprietary technology." Can you please
`explain?
`BY MR. McNISH:
` Q So as somebody who has reviewed the '900
`patent and was a person of ordinary skill in the art
`at the time of the invention of the '900 patent, you
`don't have an understanding of what "nonproprietary
`technology" is?
` MR. TUCKER: Objection. Form.
` THE WITNESS: I don't understand your
`question. What do you mean?
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Exhibit 2011 Page 22
`
`
`
`Page 23
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`BY MR. McNISH:
` Q As somebody who has reviewed the '900
`patent and was a person of ordinary skill in the art
`at the time of the invention of the '900 patent, do
`you have an understanding of what "nonproprietary
`technology" is in the context of the '900 patent.
` MR. TUCKER: Objection. Form.
` THE WITNESS: I don't understand your
`question. What do you mean "nonproprietary
`technology"?
`BY MR. McNISH:
` Q So I'm trying to ask if you understand
`what "nonproprietary technology" is in the context
`of the '900 patent. And so that's what I'm trying
`to understand.
` So as somebody who has reviewed the '900
`patent and is -- was a person of ordinary skill in
`the art at the time of the invention of the '900
`patent, what is your understanding of what
`"nonproprietary technology" is?
` MR. TUCKER: Objection. Form.
` THE WITNESS: I don't understand your
`question. What do you mean by "nonproprietary
`technology"? I believe you don't mean technologies
`related to silicon. I believe that you don't mean
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Exhibit 2011 Page 23
`
`
`
`Page 24
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`technology that related to biology or chemistry.
`You're asking something that I don't know how to
`answer. What do you mean by "nonproprietary
`technology"?
`BY MR. McNISH:
` Q In the context of the '900 patent, what is
`your understanding of "nonproprietary technology"?
` MR. TUCKER: Objection. Form.
` THE WITNESS: I don't know.
`BY MR. McNISH:
` Q Let's jump back to paragraph 108 of your
`declaration. Excuse me.
` Dr. Lavian, in paragraph 108 of your
`declaration, you state: "In this regard, I note
`that while the '900 patent includes an embodiment
`where a 'success HTML page' is generated to notify
`the field crew of a successful login. (Exhibit 1001
`at 9:40 -- 44-63). Claim 1 is not so limited and
`simply requires 'notifying' of a successful login,
`without regard to the precise form or content of the
`notification," correct?
` A Yes.
` Q Does Claim 1 require that the mobile field
`unit present data using any particular kind of code?
` MR. TUCKER: Objection. Form.
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Exhibit 2011 Page 24
`
`
`
`Page 25
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` THE WITNESS: Can you please explain what
`do you mean?
` MR. McNISH: Sure.
` Q So you noted in paragraph 108 of your
`declaration that the '900 patent includes an
`embodiment where a success HTML page is generated to
`notify the field crew of a successful log-in,
`correct?
` A Yes.
` Q And then paragraph 108 of your declaration
`continues: "Claim 1 is not so limited and simply
`requires 'notifying' of a successful log-in, without
`regard to the precise form or content in the
`notification."
` Do you see that?
` A Yes.
` Q Okay. Does Claim 1 require the mobile
`field unit to present data in any particular way?
` MR. TUCKER: Objection. Form.
` THE WITNESS: No.
`BY MR. McNISH:
` Q Does Claim 1 require that the mobile field
`unit use nonproprietary code to present data?
` MR. TUCKER: Objection. Form.
` THE WITNESS: What do you mean by
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Exhibit 2011 Page 25
`
`
`
`Page 26
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`"nonproprietary"? And what do you mean by "code"?
`And what do you mean by presented [sic] data? I
`don't understand your question.
`BY MR. McNISH:
` Q In the context of the '900 patent, what is
`your understanding of "nonproprietary code"?
` MR. TUCKER: Objection. Form.
` THE WITNESS: I don't know what you mean,
`"nonproprietary code." What code? I believe that
`you don't refer to source code. I don't know what
`you mean by "code."
` MR. McNISH: Let me try asking that a
`little differently.
` Q The term "mobile field unit," as recited
`in Claim 1 of the '900 patent, is not limited to
`mobile devices that use nonproprietary code to
`present data, correct?
` MR. TUCKER: Objection --
` THE WITNESS: I don't know --
` MR. TUCKER: -- to form.
` THE WITNESS: -- what you mean.
`BY MR. McNISH:
` Q A mobile device that uses proprietary code
`to present data could be within the scope of mobile
`field unit of Claim 1, correct?
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Exhibit 2011 Page 26
`
`
`
`Page 27
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` MR. TUCKER: Objection to form.
` THE WITNESS: I don't know what is your --
`what you're asking.
`BY MR. McNISH:
` Q What's the -- what do you mean?
` MR. TUCKER: Objection. Form.
` THE WITNESS: I have no idea what you mean
`to present code. What code? Is this Pascal code?
`Is it SQL code? Is it Java code? It's not related.
`I don't understand your question. What code you
`talking about? I don't know. Can you please
`explain what you mean by "code"?
` MR. McNISH: Let me try asking it a little
`differently.
` Q Is any particular kind of code -- strike
`that.
` Does a mobile device need to use any
`particular kind of code to present data to qualify
`as a mobile field unit?
` A What do you mean "code"?
` Q What's your understanding of code in the
`context of the '900 patent?
` A I don't know what you are asking.
` Q Does a mobile device need to employ any
`particular kind of software code to present data in
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Exhibit 2011 Page 27
`
`
`
`Page 28
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`order to constitute a mobile field unit?
` MR. TUCKER: Objection. Form.
` THE WITNESS: What do you mean by this?
`BY MR. McNISH:
` Q What in my previous question is giving you
`trouble?
` A What code? What do you mean by "code"? I
`can punch number and this is a code to my ATM. Do
`you mean this code? I can have code that written
`assembly. Is this code? Is this code for display?
`What do you mean by "code"? I can have code -- the
`coding system on the telephone line that's can be
`different. What do you mean?
` Q Does a mobile device need to employ any
`particular kind of software code to present data in
`order to qualify as a mobile field unit?
` MR. TUCKER: Objection. Form.
` THE WITNESS: I don't understand your
`question.
`BY MR. McNISH:
` Q Okay. Does a mobile device need to employ
`any particular kind of markup code to present data
`in order to qualify as a mobile field unit?
` A What do you mean markup -- "markup code"?
` Q HTML is an example of markup code, right?
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Exhibit 2011 Page 28
`
`
`
`Page 29
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` A That's example, yes.
` Q Does a mobile device need to use HTML code
`to present data in order to qualify as a mobile
`field unit?
` A If you are asking regarding HTML and that
`what you mean "code," Claim 1 does not mention the
`word "HTML."
` Q Okay. Claim 1 does not require the mobile
`field unit to have graphical interfaces built using
`HTML, correct?
` MR. TUCKER: Objection to form.
` THE WITNESS: Can you please repeat the
`question?
` MR. McNISH: Sure.
` Q Does -- yeah, let me -- let me ask it a
`little differently.
` Does Claim 1 require that the mobile field
`unit have graphical interfaces built using HTML?
` MR. TUCKER: Objection. Form.
` THE WITNESS: No.
`BY MR. McNISH:
` Q Does Claim 1 require that the mobile field
`unit have graphic user interfaces built using a CGI?
` MR. TUCKER: Objection. Form.
` THE WITNESS: Can you say -- tell me which
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Exhibit 2011 Page 29
`
`
`
`Page 30
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`claim element you relate to presenting graphical
`user interface? What do you mean by this? Which
`claim element?
` MR. McNISH: Let me ask it a little
`differently.
` Q In any of the claim elements of Claim 1,
`does Claim 1 require -- strike that. Let me start
`that over.
` In any of the claim elements of Claim 1 of
`the '900 patent, must the mobile field unit present
`graphic user interfaces built using a CGI?
` MR. TUCKER: Objection. Form.
` THE WITNESS: The word "CGI" does not
`exist as part of any claim element in Claim 1.
`BY MR. McNISH:
` Q Okay. Would it be fair to say that
`Claim 1 of the '900 patent does not require that the
`mobile field unit have graphic interfaces -- strike
`that.
` Would it be fair to say that Claim 1 of
`the '900 patent does not require that the mobile
`field unit have graphic user interfaces built using
`a CGI?
` MR. TUCKER: Objection. Form.
` THE WITNESS: Claim 1 does not talk about
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Exhibit 2011 Page 30
`
`
`
`Page 31
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`graphical user interface using G -- CGI.
`BY MR. McNISH:
` Q And, in fact, Claim 1 of the '900 patent
`does not require the mobile field unit to have
`graphic user interfaces built using CGI, correct?
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