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` UNITED STATES DISTRICT COURT
` FOR THE CENTRAL DISTRICT OF CALIFORNIA
` SOUTHERN DIVISION
`
`SPEX TECHNOLOGIES, INC., )
` )
` Plaintiff, ) Civil Action Nos.
` ) 8:16-CV-01799-JVS-AGR
`vs. ) 8:16-CV-01800-JVS-AGR
` ) 8:16-CV-01790-JVS-AGR
`WESTERN DIGITAL CORPORATION, )
`et al., )
` )
` Defendants. )
`____________________________________________________
`
` ORAL AND VIDEOTAPED DEPOSITION OF VERNON THOMAS
`RHYNE, III, produced as a witness at the instance of
`the Defendants, and duly sworn, was taken in the
`above-styled and numbered cause on April 20, 2018,
`from 9:06 a.m. to 5:50 p.m., before WILLIAM M.
`FREDERICKS, CSR in and for the State of Texas,
`reported by machine shorthand at the offices of
`Bracewell LLP, 111 Congress Avenue, 22nd Floor,
`Austin, Texas, pursuant to the Federal Rules of
`Civil Procedure.
`
`Job No. 2864787
`Pages 1 - 295
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`WESTERN DIGITAL CORPORATION, EXHIBIT 1022
`WESTERN DIGITAL CORP. v. SPEX, TECHNOLOGIES, INC.
`IPR2018-00082
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` UNITED STATES DISTRICT COURT
` FOR THE CENTRAL DISTRICT OF CALIFORNIA
` SOUTHERN DIVISION
`
`SPEX TECHNOLOGIES, INC., )
` )
` Plaintiff, ) Civil Action Nos.
` ) 8:16-CV-01799-JVS-AGR
`vs. ) 8:16-CV-01800-JVS-AGR
` ) 8:16-CV-01790-JVS-AGR
`WESTERN DIGITAL CORPORATION, )
`et al., )
` )
` Defendants. )
`____________________________________________________
`
` ORAL AND VIDEOTAPED DEPOSITION OF VERNON THOMAS
`RHYNE, III, produced as a witness at the instance of
`the Defendants, and duly sworn, was taken in the
`above-styled and numbered cause on April 20, 2018,
`from 9:06 a.m. to 5:50 p.m., before WILLIAM M.
`FREDERICKS, CSR in and for the State of Texas,
`reported by machine shorthand at the offices of
`Bracewell LLP, 111 Congress Avenue, 22nd Floor,
`Austin, Texas, pursuant to the Federal Rules of
`Civil Procedure.
`
`Job No. 2864787
`Pages 1 - 295
`
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`Page 1
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`WESTERN DIGITAL CORPORATION, EXHIBIT 1022
`WESTERN DIGITAL CORP. v. SPEX, TECHNOLOGIES, INC.
`IPR2018-00082
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` Q. Right. But they didn't -- they didn't
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`indicate within the patent itself that they actually
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`already had possession of that, right?
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` A. I -- I mean, I don't think anybody can write
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`a patent and totally predict what the future changes
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`in technology are going to be.
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` Q. Well, there's not even a hint that they had
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`it in the possession of this invention, right, in the
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`patent?
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` A. Well, that's -- it's a -- the patent either
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`speaks to it or against it. I mean, this is an
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`implementation deal. Okay. I've -- I've lived
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`through everything from vacuum tubes to SoCs, and
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`they're just -- things change in terms of how you
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`implement them when you take your conceptual ideas
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`shown, for example, in a block diagram like
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`Figure 6 of the '802 and you then build it in a way
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`that it could actually be a product. That's -- that's
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`an implementation detail.
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` Q. Would your -- strike that. It's more of a
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`legal question. I'll leave that out.
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` (Discussion off the record.)
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` Q. (BY MR. COTE) Turn to Figure 4 of the '802
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`patent. I'm sorry. The Harari patent. My mistake.
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` A. Okay. Okay.
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` Q. And then give me a second to get my copy of
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`the Harari patent from this paper mess here that I
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`have.
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` So looking at Figure 4 of the Harari
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`patent, we've got the flash system controller shown as
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`element 40, correct?
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` A. Oh, the whole thing. Yes.
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` Q. Yes. And there is an element 54, the host
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`interface. Do you see that?
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` A. Uh-huh.
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` Q. And within it there is a buffer or SRAM,
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`right?
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` A. Uh-huh.
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` THE REPORTER: "A buffer or" --
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` MR. COTE: SRAM.
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` Q. (BY MR. COTE) And connector 12 could be, for
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`example, the PCMCIA connector, right?
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` A. Yes.
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` Q. All right. And so the host interface would
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`be interacting with the host computer over the PCMCIA
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`interface using PCMCIA protocols, right?
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` A. Yes.
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` Q. Okay. And that would be -- strike that.
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` And then there's also a memory interface
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`56 that includes a flash controller 59.
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` Do you see that?
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` A. Yes.
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` Q. And that interfaces with the flash chips 1
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`and 2 in the daughter card, right?
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` A. 1 through N.
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` Q. Oh, you're right. 1 through N.
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` A. Uh-huh.
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` Q. My mistake. Element 30 --
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` A. Uh-huh.
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` Q. -- is the daughter card?
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` A. So the card could be built up of multiple
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`chips.
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` Q. Okay. And the host interface would be
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`analogous to -- or perform the same function as the
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`blocks in Figure 9B of the '802 patent that interface
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`with the PCMCIA interface, right?
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` A. I -- there -- there are two -- there -- I
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`mean, there's something similar about what's shown in
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`Figure 4 and the top half of Figure 9, if that's what
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`you're referring to. In fact, there's a reference
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`again to Element 12.
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` MR. KROEGER: He's referring to
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`Figure 9 of the '802 patent, not Figure 9 of Harari.
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` THE WITNESS: Oh, I'm sorry. I
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`misunderstood your question. Thank you.
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` Q. (BY MR. COTE) Figure 9B in particular of --
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` A. Okay. I'm sorry. So would you restate your
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`question.
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` Q. Sure. So the host interface 54 in Figure 4
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`of Harari would perform the same function as the
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`blocks that interface with the PCMCIA interface in
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`Figure 9B, right?
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` A. Did you mean 54 or 12 in -- in Harari's
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`Figure 4?
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` Q. No. In -- in Harari's Figure 4, I'm talking
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`about host interface --
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` A. Okay.
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` Q. -- block 54, and I'm asking you if they
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`perform the same function as -- and I'll identify the
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`blocks in Figure 9B of the '802 patent -- the PCMCIA
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`I/O controller?
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` A. Okay.
`
` Q. PCMCIA address buffer?
`
` A. Yep.
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` Q. PCMCIA data buffer?
`
` A. Yep.
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` Q. Ready register?
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` A. Ready/busy register, right.
`
` Q. Yes. Command detector and state controller?
`
` A. Okay. I think I might have to do some
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`reading to decide about whether I would include the
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`command detector in it, but everything else up to then
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`I would agree with you.
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` Q. Okay.
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` A. That's just kind of the -- a little -- a more
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`detailed picture of what you are required to do
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`really --
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` Q. Uh-huh.
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` A. -- to build a PCMCIA standard interface.
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` Q. Okay. And by the way, there's nothing that's
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`shown in those elements I just discussed that's
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`different than a standard PCMCIA interface, right?
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` A. Those are things that are typically -- that's
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`the way the interface is typically implemented I would
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`say.
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` Q. Okay.
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` A. Some -- there are things there that are
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`required. You have to have buffering, and you have to
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`have certain things like -- I think I -- I have a
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`whole set of cites to the USB interface standard where
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`it says it's stateful and things like that. So you
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`really -- the -- the standard lays very well on top of
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`those detail structures in Figure 9B of the '802.
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` Q. Okay. And then there's -- again, turning
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`back to Figure 4 of the Harari patent, there's element
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`56, which is the memory interface.
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` A. Okay.
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` Q. And that would perform the same functions as
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`the compact flash I/O control, compact flash data
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`buffer, card enable decoder and compact -- compact
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`flash sector counter blocks, correct?
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` A. That would be one way to implement that
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`memory interface.
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` Q. The -- the blocks that are shown in
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`Figure 9B, the compact flash sector counter, compact
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`flash I/O control, compact flash data buffer and card
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`enable decoder, they're -- nothing that's particularly
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`novel about that particular combination, right?
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` A. I don't think that the inventors claimed any
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`novelty for the way they built that interface.
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` Q. Okay. And these interfaces would have to be,
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`of course, configured with registers, right?
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` A. Yes.
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` Q. Okay. And that's true also for the
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`interfaces -- the host interface 54 in Harari and the
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`memory interface 56 in Harari, it would have to be
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`configured as well, right?
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` MR. KROEGER: Object to form, calls for
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`speculation.
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` A. I don't recall Harari talking about
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`configuration registers. It may be in there. Again,
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`it's a simple search, but I don't recall it.
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` Q. (BY MR. COTE) But -- but you would
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`understand as a person of ordinary skill in the art
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`that that would have to be done, right?
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` A. To meet the -- the PCMCIA standard, there are
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`some requirements for configurability. That's the
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`best way I can answer.
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` Q. Okay.
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` MR. COTE: Why don't we break for lunch.
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` THE REPORTER: Off the record, please.
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` THE VIDEOGRAPHER: Off the record. The
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`time is 12:28.
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` (Recess.)
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` THE VIDEOGRAPHER: Back on the record.
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`The time is 1:13.
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` MR. COTE: Pass the witness.
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` EXAMINATION
`
`BY MR. HOFFMAN:
`
` Q. Dr. Rhyne --
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` A. Mr. Hoffman.
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` Q. -- my name is David Hoffman, and I'm going to
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`be asking a few questions for a while.
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` A. Sure.
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` Q. And carrying us through the afternoon. I'd
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`WESTERN DIGITAL CORPORATION, EXHIBIT 1022
`WESTERN DIGITAL CORP. v. SPEX, TECHNOLOGIES, INC.
`IPR2018-00082
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`
`
`STATE OF TEXAS )
`COUNTY OF TRAVIS )
`
` I, WILLIAM M. FREDERICKS, CSR No. 2392, do
`hereby certify that, pursuant to the agreement
`hereinabove set forth, there came before me on
`April 20, 2018, at 9:06 o'clock a.m., in the offices
`of Bracewell LLP, 111 Congress Avenue, 22nd Floor,
`Austin, Texas, the following named person, to wit:
`VERNON THOMAS RHYNE, III, who was by me duly sworn to
`testify to the truth and nothing but the truth of the
`witness' knowledge touching and concerning the matters
`in controversy in this cause; that such witness was
`thereupon examined under oath, and the examination
`transcribed by computer-assisted transcription by me
`or under my supervision, and that the deposition is a
`true record of the testimony given by the witness.
` I further certify that I am neither attorney
`nor counsel for, nor related to or employed by, any of
`the parties to the action in which this deposition is
`taken and, further, that I am not a relative or
`employee of any attorney or counsel employed by the
`parties hereto, or financially interested in the
`action.
` IN WITNESS WHEREOF I have hereunto set my
`hand and affixed my seal on this 26th day of April
`2018.
`
` <%signature%>
` William M. Fredericks, CSR No. 2392
` Expiration Date: 12/31/2019
`
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`WESTERN DIGITAL CORPORATION, EXHIBIT 1022
`WESTERN DIGITAL CORP. v. SPEX, TECHNOLOGIES, INC.
`IPR2018-00082
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`
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