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` UNITED STATES PATENT AND TRADEMARK OFFICE
` ___________________
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
` __________________
` FEDEX CORP.
` Petitioner
` v.
` INTELLECTUAL VENTURES II LLC
` Patent Owner
` __________________
` Case IPR2017-00859
` U.S. Patent No. 9,047,586
`
` VIDEOTAPED DEPOSITION OF STEPHEN GEOFFREY HALLIDAY
` November 7, 2017
`
`
`
`Reported by: Cindy L. Sebo, RMR, CRR, RPR, CSR,
`CCR, CLR, RSA, LiveDeposition Authorized Reporter
`Job No. 19803
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Exhibit 2007 Page 1
`
`IV Exhibit 2007
`FedEx v. IV
`Case IPR2017-00859
`
`
`
`
`
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
` ___________________
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
` __________________
` FEDEX CORP.
` Petitioner
` v.
` INTELLECTUAL VENTURES II LLC
` Patent Owner
` __________________
` Case IPR2017-00859
` U.S. Patent No. 9,047,586
`
` VIDEOTAPED DEPOSITION OF STEPHEN GEOFFREY HALLIDAY
` November 7, 2017
`
`
`
`Reported by: Cindy L. Sebo, RMR, CRR, RPR, CSR,
`CCR, CLR, RSA, LiveDeposition Authorized Reporter
`Job No. 19803
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Exhibit 2007 Page 1
`
`IV Exhibit 2007
`FedEx v. IV
`Case IPR2017-00859
`
`
`
`Page 2
`
` Videotaped Deposition of
` STEPHEN GEOFFREY HALLIDAY, taken by the Patent
` Owner, held at the law offices of Finnegan,
` Henderson, Farabow, Garrett & Dunner, LLP,
` 11955 Freedom Drive, Reston, Virginia 20190,
` before Cindy L. Sebo, Registered Merit Court
` Reporter, Certified Real-Time Reporter,
` Registered Professional Reporter, Certified
` Shorthand Reporter, Certified Court Reporter,
` Certified LiveNote Reporter, Real-Time Systems
` Administrator, LiveDeposition Authorized
` Reporter and Notary Public in and for the
` Commonwealth of Virginia, beginning at
` approximately 9:18 a.m., when were present
` on behalf of the respective parties:
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`Exhibit 2007 Page 2
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`Page 3
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` A P P E A R A N C E S:
`
` Attorney for Petitioner:
` FINNEGAN, HENDERSON, FARABOW, GARRETT &
` DUNNER, LLP
` JESSICA L.A. MARKS, ESQUIRE
` Two Freedom Square
` 11955 Freedom Drive
` Reston, Virginia 20190-5675
` 571.203.2791
` jessica.marks@finnegan.com
`
` Attorney for Patent Owner:
` DESMARAIS LLP
` KEVIN K. MCNISH, ESQUIRE
` 230 Park Avenue
` New York, New York 10169
` 212.351.3400
` kmcnish@desmaraisllp.com
`
` ALSO PRESENT:
` JASON LEVIN, Videographer
`
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`Exhibit 2007 Page 3
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`
`
` INDEX OF EXAMINATION
`
`Page 4
`
` STEPHEN GEOFFREY HALLIDAY
` EXAMINATION BY PAGE
` Mr. McNish 6, 52
` Ms. Marks 41
` - - -
` INDEX TO EXHIBITS
` - - -
` (Exhibits Attached to the Original Transcript.)
` DEPOSITION
` EXHIBIT NUMBER DESCRIPTION PAGE
` Number A Appendix A, Sources of
` Symbology Standards
` Information 50
`
` PREVIOUSLY MARKED EXHIBITS
`
` FEDEX
` DEPOSITION
` EXHIBIT NUMBER DESCRIPTION PAGE
` Number 1002 ANSI Standard 27
`
` Number 1008 Declaration of Mark Reboulet 14
`
` Number 1009 ANSI Procedures 27
`
` Number 1023 Declaration of Stephen
` Halliday 10
`
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`Exhibit 2007 Page 4
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`Page 5
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` P R O C E E D I N G S
`
` Reston, Virginia
` Tuesday, November 7, 2017; 9:18 a.m.
`
` THE VIDEOGRAPHER: This is
` Disc Number 1 of the video deposition of
` Stephen Halliday in the matter of FedEx
` Corporation versus Intellectual Ventures II,
` LLC, pending in the United States Patent and
` Trademark Office before the Patent Trial and
` Appeal Board, IPR2017-00859.
` This deposition is being held at the
` offices of Finnegan, in Reston, Virginia on
` November 7th, 2017, at approximately 9:18
` a.m.
` My name is Jason Levin, from the firm
` TransPerfect Legal Solutions, and I'm the
` legal video specialist. The court reporter
` is Cindy Sebo, in association with
` TransPerfect Legal Solutions.
` Will counsel please introduce
` themselves for the record?
` MR. MCNISH: Kevin McNish, Desmarais
` LLP, counsel for Patent Owner,
`
`TransPerfect Legal Solutions
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`Exhibit 2007 Page 5
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` Intellectual Ventures II, LLC.
` MS. MARKS: Jessica Marks of Finnegan
` for Petitioner, FedEx.
` THE VIDEOGRAPHER: And will the court
` reporter please swear in the witness?
` - - -
` STEPHEN GEOFFREY HALLIDAY,
` after having been first duly sworn, was
` examined and testified as follows:
` - - -
` - - -
` EXAMINATION BY COUNSEL FOR PATENT OWNER
` - - -
` BY MR. MCNISH:
` Q. My name is Kevin McNish; I represent
` the Patent Owner, Intellectual Ventures II, LLC.
` This is a deposition in
` Case IPR2017-00859 at the Patent Trial and Appeal
` Board.
` Mr. Halliday, would you please just
` state your full name for the record?
` A. Stephen Geoffrey Halliday.
` Q. Okay.
` All right. Mr. Halliday -- is it
` Mr. Halliday or Dr. Halliday?
`
`TransPerfect Legal Solutions
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`Exhibit 2007 Page 6
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`Page 7
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` A. Mister.
` Q. Mr. Halliday. Okay.
` All right. Mr. Halliday, I'm going to
` be asking you a series of questions today.
` Do you understand you were just sworn
` in and will be answering my questions under oath?
` A. I do.
` Q. All right. You understand that you're
` obligated to testify truthfully today, correct?
` A. I do.
` Q. We have a court reporter today, who is
` transcribing the questions and answers today.
` Would you please just wait until I
` finish my questions before you begin to answer?
` A. I will.
` Q. Okay. And also -- and you've been
` doing great so far -- please give verbal answers
` for the court reporter to write down, as opposed
` to gestures or nods.
` Will you please do that?
` A. I will.
` Q. Okay. If you don't understand a
` question I've asked, will you please ask me to
` repeat it or clarify it?
` A. I will.
`
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`Exhibit 2007 Page 7
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`Page 8
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` Q. Okay. If you don't, I'm going to
` assume you understood the question.
` Fair?
` A. That is fair.
` Q. Okay. And if you need a break, please
` just let me know. The only thing I ask is that
` you not take a break when there's a question
` pending.
` Fair?
` A. Okay.
` Q. All right. Mr. Halliday, you
` understand that this proceeding is an inter partes
` review involving U.S. Patent 9,047,586, correct?
` A. I do.
` Q. Okay. You understand that your
` testimony today will become part of the record in
` that proceeding?
` A. I do.
` Q. Okay. And you understand that your
` testimony will become publicly available as if
` you're testifying in open court?
` A. Yes.
` Q. Okay. You understand that you're
` being videotaped today?
` A. I do.
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
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`Exhibit 2007 Page 8
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`
`
`Page 9
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` Q. Okay. You understand that with the
` Patent Trial and Appeal Board's authorization,
` excerpts of your video testimony can be submitted
` as evidence?
` A. I do.
` Q. Okay. Mr. Halliday, you're not
` offering any opinions on the validity of any claim
` of U.S. Patent 9,047,586 in this proceeding,
` correct?
` A. That is correct.
` Q. Okay. And, Mr. Halliday, you're not
` offering any opinions on the construction of any
` claim term in any claim of U.S. Patent 9,047,586,
` correct?
` A. That is correct.
` Q. Mr. Halliday, you're not offering any
` expert testimony in this proceeding, correct?
` A. That is correct.
` Q. And you're testifying in this
` proceeding only as a lay fact witness, correct?
` A. That is correct.
` Q. Mr. Halliday, is there any reason you
` would not be able to provide full and truthful
` testimony today?
` A. There is not.
`
`TransPerfect Legal Solutions
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`Exhibit 2007 Page 9
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`Page 10
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` Q. Okay. Did you bring any documents
` with you today?
` A. I did not.
` Q. Okay. Are there any documents that
` you or your counsel brought today that you expect
` to testify about on redirect?
` A. Yes.
` Q. Okay.
` - - -
` (Whereupon, FedEx Deposition Exhibit
` Number 1023 being previously marked
` for identification, was handed to
` the witness.)
` - - -
` MR. MCNISH: I'm handing the witness
` what's been previously marked in this
` proceeding as FedEx Exhibit 1023.
` THE WITNESS: Thank you.
` (Whereupon, the witness reviews the
` material provided.)
` BY MR. MCNISH:
` Q. Mr. Halliday, what I've just handed
` you, marked as FedEx Exhibit 1023, is your
` declaration in this proceeding, correct?
` A. That is correct.
`
`TransPerfect Legal Solutions
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`Exhibit 2007 Page 10
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`Page 11
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` Q. And if I refer to FedEx Exhibit 1023
` as your declaration, will you understand if I do
` that?
` A. I will.
` Q. Okay. Your declaration includes all
` of your testimony in this proceeding, correct?
` A. That is correct.
` Q. Okay. Your declaration -- declaration
` accurately states your testimony in this
` proceeding, correct?
` A. There is a correction to be made.
` Q. Is there anything you inadvertently
` omitted from your declaration?
` A. Not that I'm aware of.
` Q. Okay. What correction do you need to
` make from your record -- to your declaration?
` A. So in Paragraph 16, we refer to a
` date, March 18th, 2004 -- I refer to a date.
` That -- that date should be prior to 2002.
` Q. And that's the only correction you
` need to make to your declaration?
` A. There is one other one. It refers to
` Page 359 of the Exhibit 1006. That's a typo, and
` the real page number -- I can't read -- is 233.
` MS. MARKS: If counsel would like a
`
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`Exhibit 2007 Page 11
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`Page 12
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` copy of the correct page of the document
` cited in Paragraph 16, you'll see that the
` quote is from this page of the document.
` MR. MCNISH: Counsel, what you've
` just handed me isn't marked as an exhibit in
` this proceeding, correct?
` MS. MARKS: Correct, it is not.
` MR. MCNISH: Okay.
` BY MR. MCNISH:
` Q. Other than the corrections we just
` discussed, are there no other corrections you need
` to make to your declaration?
` A. There are not.
` Q. Okay. And your declaration is
` complete, to the best of your knowledge?
` A. It is.
` Q. Okay. Mr. Halliday, if you will
` please turn to Paragraph 4 of your declaration.
` Mr. Halliday, Paragraph 4 of your
` declaration, the first sentence, states, I
` prepared this declaration in connection with the
` inter partes review of U.S. Patent 9,047,586,
` Case IPR2017-00859.
` Correct?
` A. That is correct.
`
`TransPerfect Legal Solutions
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`Exhibit 2007 Page 12
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`Page 13
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` Q. Okay. Did you type your declaration?
` A. No.
` Q. Okay. Did you write your declaration
` for someone else to type up?
` A. No.
` Q. Did you dictate the contents of your
` declaration to someone to type up?
` A. Partially.
` Q. Which parts of your declaration did
` you dictate to somebody --
` A. I do not remember.
` Q. Okay. Did you choose what to include
` in your declaration?
` A. I did.
` Q. Did you choose what to leave out of
` your declaration?
` A. I did.
` Q. Okay. Did you pick every word of your
` declaration?
` A. No.
` Q. Which words did you pick?
` A. I couldn't tell you.
` Q. Okay. Let me ask it differently.
` Which words of your declaration did
` you pick?
`
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`Exhibit 2007 Page 13
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` A. I couldn't tell you.
` Q. Okay.
` - - -
` (Whereupon, FedEx Deposition Exhibit
` Number 1008, being previously
` marked for identification, was
` handed to the witness.)
` - - -
` MR. MCNISH: I'm handing the witness
` what's been previously marked in this case
` as 1008.
` THE WITNESS: Thank you.
` (Whereupon, the witness reviews the
` material provided.)
` BY MR. MCNISH:
` Q. Mr. Halliday, have you seen
` Exhibit 1008 before?
` A. I have not.
` Q. Mr. Halliday, would you please review
` Paragraph 8 of your declaration and compare it to
` Paragraph 11 of Exhibit 1008?
` (Whereupon, the witness reviews the
` material provided.)
` THE WITNESS: Okay.
`
`TransPerfect Legal Solutions
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`Exhibit 2007 Page 14
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` BY MR. MCNISH:
` Q. Okay. Paragraph 8 of your declaration
` and Paragraph 11 of Exhibit 1008 are the same,
` correct?
` A. It appears that there are some
` reference quotes that are slightly different, but,
` otherwise, yes.
` Q. All right. If you will please turn to
` Paragraph 9 of your declaration and Paragraph 12
` of Exhibit 1008.
` Paragraph 9 of your declaration is
` word-for-word identical to Paragraph 12 of
` Exhibit 1008, correct?
` A. Correct.
` Q. Okay. And if you'll turn to
` Paragraph 10 of your declaration and Paragraph 13
` of Exhibit 1008.
` Paragraph 10 of your declaration is
` word-for-word identical to Paragraph 13 of
` Exhibit 1008, correct?
` A. That is correct.
` Q. If you'll turn to Paragraph 11 of your
` declaration and Paragraph 14 of Exhibit 1008.
` Paragraph 11 of your declaration and
` Paragraph 14 of Exhibit 1008 are word-for-word
`
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`Exhibit 2007 Page 15
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` identical, correct?
` A. That is correct.
` Q. If you'll please turn to Paragraph 12
` of your declaration and Paragraph 15 of
` Exhibit 1008.
` Paragraph 12 of your declaration and
` Paragraph 15 of Exhibit 1008 are word-for-word
` identical, correct?
` A. Correct.
` Q. And the illustration in Paragraph 12
` of your declaration is identical to the
` illustration in Paragraph 15 of Exhibit 1008,
` correct?
` A. That is correct.
` Q. If you'll please turn to Paragraph 13
` of your declaration and Paragraph 16 of
` Exhibit 1008.
` Paragraph 13 of your declaration and
` Paragraph 16 of Exhibit 1008 are word-for-word
` identical, correct?
` A. That is correct.
` Q. Okay. And the illustration in
` Paragraph 13 of your declaration and the
` illustration accompanying Paragraph 16 of
` Exhibit 1008 are identical, correct?
`
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`Exhibit 2007 Page 16
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`Page 17
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` A. That is correct.
` Q. Okay. If you'll please turn to
` Paragraph 14 of your declaration and Paragraph 17
` of Exhibit 1008.
` Paragraph 14 of your declaration and
` Paragraph 17 of Exhibit 1008 are word-for-word
` identical, correct?
` A. That is correct.
` Q. Okay. And if you'll turn to -- I'm
` sorry.
` And the illustration accompanying
` Paragraph 14 of your declaration is identical to
` the illustration accompanying Paragraph 17 of
` Exhibit 1008, correct?
` A. That is correct.
` Q. And if you turn to Paragraph 15 of
` your declaration, Paragraph 18 of Exhibit 1008.
` Paragraph 15 of your declaration and
` Paragraph 18 of Exhibit 1008 are word-for-word
` identical, correct?
` A. That is correct.
` Q. Okay. And if you'll turn to
` Paragraph 16 of your declaration and Paragraph 19
` of Exhibit 1008.
` Starting with the words "It was widely
`
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`Exhibit 2007 Page 17
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`
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`Page 18
` known" in Paragraph 16 of your declaration and the
` words "It was widely known" in Paragraph 19 of
` Exhibit 1008, Paragraph 16 of your declaration and
` Paragraph 19 of Exhibit 1008 are word-for-word
` identical, correct?
` A. Correct.
` Q. Okay. And Paragraph 16 of your
` declaration and Paragraph 19 of Exhibit 1008
` contain the same erroneous citation to Page 359 of
` Exhibit 1006, correct?
` A. They do.
` Q. Okay. If you'll please turn to
` Paragraph 17 of your declaration and Paragraph 20
` of Exhibit 1008.
` Paragraph 17 of your declaration and
` Paragraph 20 of Exhibit 1008 are word-for-word
` identical, correct?
` A. That is correct.
` Q. And the illustration accompanying
` Paragraph 17 of your declaration is the same
` illustration accompanying Paragraph 20 of
` Exhibit 1008, correct?
` A. That is correct.
` Q. Okay. And if we continue to
` Paragraph 18 of your declaration and Paragraph 21
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`Exhibit 2007 Page 18
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`Page 19
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` of Exhibit 1008.
` Paragraph 18 of your declaration is
` word-for-word identical to Paragraph 21 of
` Exhibit 1008, correct?
` A. That is correct.
` Q. Okay.
` All right. And -- and the
` illustration accompanying Paragraph 18 of your
` declaration is the same illustration accompanying
` Paragraph 21 of Exhibit 1008, correct?
` A. That is correct.
` Q. All right. And if you will please
` turn to Paragraph 19 of your declaration and
` Paragraph 22 of Exhibit 1008.
` Paragraph 19 of your declaration is
` word-for-word identical to Paragraph 22 of
` Exhibit 1008, correct?
` A. That is correct.
` Q. Okay. And the illustration
` accompanying Paragraph 19 of your declaration is
` the same illustration accompanying Paragraph 22 of
` Exhibit 1008, correct?
` A. That is correct.
` Q. Okay.
` All right. If you'll turn to
`
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`Exhibit 2007 Page 19
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`Page 20
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` Paragraph 20 of your declaration and Paragraph 23
` of Exhibit 1008.
` Both Paragraph 20 of your declaration
` and Paragraph 23 of Exhibit 1008 state, Any member
` of the public could obtain a copy of the ANSI
` standard from ANSI.
` Correct?
` A. Correct.
` Q. Okay. And both Paragraph 20 of your
` declaration and Paragraph 23 of Exhibit 1008
` state, ANSI imposed no requirement for
` confidentiality on those receiving standard --
` copies of the ANSI standard.
` Correct?
` A. Correct.
` Q. You spoke with Mark Reboulet in
` August 2017 about the subject matter of your
` declaration, correct?
` A. About the subject matter? Can you
` explain what you mean by that, please?
` Q. Sure.
` You and Mark Reboulet talked about
` what you were going to discuss in your declaration
` in August 2017, correct?
` A. That's not true, no.
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Exhibit 2007 Page 20
`
`
`
`Page 21
` Q. You've never spoken with Mark Reboulet
` before?
` A. I have spoken to Mark Reboulet.
` Q. When's the last time you spoke with
` Mark Reboulet?
` A. The last time -- end of August,
` beginning of September.
` Q. And what did you and Mr. Reboulet
` discuss?
` A. Mr. Reboulet asked if I would be
` prepared to make a statement on the ANSI
` processes.
` Q. All right. How long was that
` discussion?
` A. A matter of minutes. I don't remember
` it being very long at all.
` Q. Was it more than 15 minutes?
` A. I don't think so.
` Q. Okay. So it was less than 15 minutes?
` A. Yes.
` Q. Okay. Now, if you'll turn in
` Exhibit 1008 to the final page, Page 13.
` Exhibit 1008 was executed
` February 6th, 2017 -- strike that.
` Exhibit 1008 was signed by
`
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`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Exhibit 2007 Page 21
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`Page 22
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` Mr. Reboulet in February 6, 2017, correct?
` A. Yes.
` Q. Okay. You signed your declaration in
` September 8th, 2017, correct?
` A. Correct.
` Q. How long did you spend preparing your
` declaration in this proceeding?
` A. A few hours.
` Q. How many is a few hours?
` A. Two or three.
` Q. Thirteen paragraphs of Mr. Reboulet's
` declaration are copied word-for-word or nearly so
` in your declaration, correct?
` A. Correct.
` Q. But it's your testimony that prior to
` today, you had never seen Mr. Reboulet's
` declaration, Exhibit 1008, before, correct?
` A. That is correct.
` Q. So you and Mr. Reboulet remembered the
` same events of more than 20 years ago using the
` exact same words?
` A. I -- I -- I don't know how to answer
` that. The word "remembered" -- it does not seem
` to be appropriate here.
` Q. Why is that? Why is the word
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Exhibit 2007 Page 22
`
`
`
`Page 23
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` "remember" --
` A. I'm sure --
` Q. -- inappropriate --
` A. -- my memories are -- are different
` from Mr. Reboulet's.
` Q. But your testimony is the same as
` Mr. Reboulet's?
` MS. MARKS: Objection.
` THE WITNESS: The testimony as
` written is -- has parts that are the same.
` BY MR. MCNISH:
` Q. So despite having different memories
` than Mr. Reboulet, you arrived at 13 identical or
` nearly identical paragraphs about events more than
` 20 years ago, correct?
` A. Yes.
` Q. All right. Mr. Reboulet [sic], I want
` to jump back to Paragraph 4 of your declaration.
` A. I'm sorry?
` Q. I'm sorry. Mr. Halliday, I want to
` jump back to Paragraph 4 of your declaration.
` A. Of my declaration?
` Q. Yes --
` A. Okay.
` Q. -- Exhibit 1023. My apologies.
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Exhibit 2007 Page 23
`
`
`
`Page 24
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` A. Um-hum.
` Q. In Paragraph 4, you testified, second
` sentence, you are not being compensated in
` connection with your execution of this
` declaration, correct?
` A. That is correct.
` Q. Okay. Did you receive compensation
` for preparing your declaration?
` A. Preparing my declaration? I did not.
` Q. Okay. Are you receiving compensation
` for testifying today?
` A. I am.
` Q. You are.
` How much?
` A. $350 an hour.
` Q. Okay. Is that your usual consulting
` rate?
` A. It's my usual rate for depositions.
` Q. Okay. Do you have a different rate
` for nondeposition work?
` A. I do.
` Q. What rate is that?
` A. It depends on the contract that I'm
` employed on.
` Q. Okay. Is your rate for giving
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Exhibit 2007 Page 24
`
`
`
`Page 25
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` deposition testimony lower or higher than your
` typical nondeposition testimony rate?
` A. Higher or the same.
` Q. Have you worked for the law firm of
` Finnegan Henderson on any other matters?
` A. I have not.
` Q. Are you currently working for Finnegan
` Henderson on any other matters?
` A. I am not.
` Q. Will you be working for Finnegan
` Henderson on any other matters in the future?
` A. I have no idea.
` Q. Okay. Have you worked for any FedEx
` entity on any other matters?
` A. I have not.
` Q. Okay. Other than this proceeding, are
` you working for any FedEx entity on any matters,
` currently?
` A. I am not.
` Q. Okay. Will you be working for any
` FedEx entity on any other matters in the future?
` A. I have no idea.
` Q. Mr. Halliday, you've never been
` employed by ANSI, correct?
` A. That's correct.
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Exhibit 2007 Page 25
`
`
`
`Page 26
`
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` Q. You've never sold ANSI standards for
` ANSI, correct?
` A. One of my employers did, but I have
` personally not been involved in that.
` Q. Okay. You've never taken or processed
` orders for standards from ANSI, correct?
` A. That is correct.
` Q. You've never sold catalogs of ANSI
` standards, correct?
` A. That is correct.
` Q. And you've never taken or processed
` orders for catalogs from ANSI, correct?
` A. Correct.
` Q. Would you please turn to Paragraph 8
` of your declaration?
` In Paragraph 8, you -- of your
` declaration, you state, Around late 1995 or early
` 1996, the subcommittees drafting of the ANSI
` standard was announced to the public in a
` publication called Standards Action.
` Correct?
` A. Correct.
` Q. Okay. Was it late 1995 or early 1996?
` A. I have no idea.
` Q. Okay. Just continuing with
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Exhibit 2007 Page 26
`
`
`
`Page 27
` Paragraph 8, you cite Exhibit 1009, a document you
` refer to as the "ANSI procedures," correct?
` A. That's correct.
` - - -
` (Whereupon, FedEx Deposition Exhibit
` Number 1009, being previously
` marked for identification, was
` handed to the witness.)
` - - -
` MR. MCNISH: I'm handing the witness
` what's been previously marked as
` Exhibit 1009.
` THE WITNESS: Thank you.
` (Whereupon, the witness reviews the
` material provided.)
` BY MR. MCNISH:
` Q. So Paragraph 8 of your declaration
` states that the -- let me back that up.
` (Pause.)
` - - -
` (Whereupon, FedEx Deposition Exhibit
` Number 1002, being previously
` marked for identification, was
` handed to the witness.)
` - - -
`
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`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Exhibit 2007 Page 27
`
`
`
`Page 28
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` MR. MCNISH: I'm also handing the
` witness what's been previously marked as
` Exhibit 1002.
` THE WITNESS: Thank you.
` BY MR. MCNISH:
` Q. Mr. Halliday, what I've handed you as
` Exhibit 1002 is a copy of the ANSI standard about
` which you testify in your declaration, correct?
` A. That is correct.
` Q. Okay. And that's ANSI Standard
` Number NH10.8.3M-1996?
` A. That is correct.
` Q. Okay. I want to refer to Exhibit 1002
` going forward as the "ANSI standard."
` Is that fair?
` A. That is fine, yes.
` Q. Thank you.
` So jumping back to Paragraph 8 of your
` declaration, you testified that around late 1995
` or early 1996, the subcommittee's drafting of the
` ANSI standard was announced to the public in a
` publication called Standards Action in accordance
` with ANSI procedures.
` Correct?
` A. Correct.
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
`
`Exhibit 2007 Page 28
`
`
`
`Page 29
` Q. Your declaration doesn't cite the copy
` of Standards Action that -- in which the ANSI
` standard, marked as Exhibit 1002, was purportedly
` announced to the publi
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