UNITED STATES DISTRICT COURT
`
` FOR THE EASTERN DISTRICT OF TEXAS
`
`IMPLICIT, LLC, )
` )
` Plaintiff, )
` )
` vs. ) Case No. 6:16-CV-00080-JRG
` )
`TREND MICRO, INC., )
` )
` Defendant. )
`_________________________ )
`
` NONCONFIDENTIAL PORTIONS
`
` VIDEO-RECORDED DEPOSITION OF
`
` DANIEL S. DECASPER, VOLUME II
`
`
`
` Tuesday, October 3, 2017
`
` Redwood Shores, California
`
`Reported By:
`
`Hanna Kim, CLR, CSR No. 13083
`
`Job No. SF-144315
`
`Page 1 of 10
`
`Implicit Exhibit 2013
`Juniper v. Implicit
`
`
`
` FOR THE EASTERN DISTRICT OF TEXAS
`
`IMPLICIT, LLC, )
` )
` Plaintiff, )
` )
` vs. ) Case No. 6:16-CV-00080-JRG
` )
`TREND MICRO, INC., )
` )
` Defendant. )
`_________________________ )
`
` NONCONFIDENTIAL PORTIONS
`
` VIDEO-RECORDED DEPOSITION OF
`
` DANIEL S. DECASPER, VOLUME II
`
`
`
` Tuesday, October 3, 2017
`
` Redwood Shores, California
`
`Reported By:
`
`Hanna Kim, CLR, CSR No. 13083
`
`Job No. SF-144315
`
`Page 1 of 10
`
`Implicit Exhibit 2013
`Juniper v. Implicit
`
`
`
`DANIEL S. DECASPER - 10/3/2017
`
`Page 144
`
` UNITED STATES DISTRICT COURT
`
` FOR THE EASTERN DISTRICT OF TEXAS
`
`IMPLICIT, LLC, )
` )
` Plaintiff, )
` )
` vs. ) Case No. 6:16-CV-00080-JRG
` )
`TREND MICRO, INC., )
` )
` Defendant. )
`_________________________ )
`
` VIDEO-RECORDED DEPOSITION OF DANIEL S.
`
` DECASPER, VOLUME II, taken on behalf of
`
` the Plaintiff, at the law offices of Quinn
`
` Emmanuel Urquhart & Sullivan, 555 Twin
`
` Dolphin Drive, Redwood Shores, California,
`
` on Tuesday, October 3, 2017, beginning at
`
` 2:03 p.m. and ending at 5:29 p.m., before
`
` Hanna Kim, Certified Shorthand Reporter,
`
` No. 13083.
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`DTI Court Reporting Solutions - San Francisco
`(800) 869-9132
`www.deposition.com
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`Page 2 of 10
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`Implicit Exhibit 2013
`Juniper v. Implicit
`
`
`
`DANIEL S. DECASPER - 10/3/2017
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`Page 145
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` A P P E A R A N C E S:
`
`For the Plaintiff Implicit, LLC
`
` SINGER BEA LLP
`
` BY: BENJAMIN L. SINGER, ESQ.
`
` BY: EVAN N. BUDAJ, ESQ.
`
` 601 Montgomery Street
`
` San Francisco, California 94111
`
` 415.500.6080
`
` bsinger@singerbea.com
`
` ebudaj@singerbea.com
`
`For the Defendant Trend Micro, Inc.
`
` K&L GATES LLP
`
` BY: BENJAMIN E. WEED, ESQ.
`
` 70 West Madison Street, Suite 3100
`
` Chicago, Illinois 60602-4207
`
` 312.372.1121
`
` benjamin.weed@klgates.com
`
` -and-
`
` BY: MICHAEL E. ZELIGER, ESQ.
`
` 630 Hansen Way
`
` Palo Alto, California 94304
`
` 650.798.6700
`
` michael.zeliger@klgates.com
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`Page 3 of 10
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`Implicit Exhibit 2013
`Juniper v. Implicit
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`DANIEL S. DECASPER - 10/3/2017
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`Page 146
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` I N D E X
`
`WITNESS: DANIEL S. DECASPER, VOLUME II
`
`EXAMINATION PAGE
`
` BY MR. SINGER: (CONTINUED) 149, 285
`
` BY MR. WEED: 285
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`CONFIDENTIAL PORTIONS 277-280,
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` 287
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` E X H I B I T S
`
`DECASPER DEPOSITION EXHIBITS PAGE
`
`Exhibit 10 Computer Communication Review
` article, "Router Plugins A 164
`
` Software Architecture for Next
`
` Generation Routers;" Bates nos.
`
` DEFS_IMPL_062504 through '519
`
`Exhibit 11 "Figure 4.2: System 195
`
` architecture and data path"
`
`Exhibit 12 IEEE InfoCom '98, "DAN: 249
`
` Distributed Code Caching for
`
` Active Networks;" Bates nos.
`
` DEFS_IMPL_062520 through '529
`
`Exhibit 13 Correspondence dated June 14, 276
`
` 2012; Bates nos. DECASPER0000268
`
` through '269; Confidential
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`DTI Court Reporting Solutions - San Francisco
`(800) 869-9132
`www.deposition.com
`
`Page 4 of 10
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`Implicit Exhibit 2013
`Juniper v. Implicit
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`
`
`DANIEL S. DECASPER - 10/3/2017
`
`Page 147
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` EXHIBITS (CONTINUED)
`
`DECASPER DEPOSITION EXHIBITS PAGE
`
`Exhibit 14 Invoice; Bates nos. 287
`
` DECASPER00000270; Confidential
`
` PREVIOUSLY MARKED EXHIBITS REFERENCED PAGE
`
` Exhibit 2 "Router Plugins A Software 164
`
` Architecture for Next
`
` Generation Routers;" Bates nos.
`
` DEFS_IMPL_056553 through '564
`
` Exhibit 6 "DAN: Distributed Code Caching 249
`
` for Active Networks"
`
` Exhibit 9 Dan S. Decasper's thesis, "A 151
`
` Software Architecture for Next
`
` Generation Routers"
`
` --o0o--
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`DTI Court Reporting Solutions - San Francisco
`(800) 869-9132
`www.deposition.com
`
`Page 5 of 10
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`Implicit Exhibit 2013
`Juniper v. Implicit
`
`
`
`DANIEL S. DECASPER - 10/3/2017
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`Page 148
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` Redwood Shores, California
`
` Tuesday, October 3, 2017; 2:03 p.m. - 5:29 p.m.
`
` --o0o--
`
` THE VIDEOGRAPHER: Here begins Volume 1,
`
`Video No. 1, in the deposition of Dr. Daniel
`
`02:03:19
`
`Decasper in the matter of Implicit, LLC versus Trend
`
`Micro, Inc., in the U.S. District Court for the
`
`Eastern District of Texas. The case number is
`
`16-CV-080-JRG.
`
` Today's date is October 3rd, 2017. The
`
`02:03:35
`
`time on the video monitor is 2:03. The videographer
`
`today is Patricia Guerrero.
`
` This video deposition is taking place at
`
`the law offices of Quinn Emanuel Urquhart &
`
`Sullivan, 555 Twin Dolphin Drive, Redwood Shores,
`
`02:03:48
`
`California.
`
` Counsel, please voice identify yourselves
`
`and state whom you represent.
`
` MR. SINGER: This is Benjamin Singer,
`
`representing the Plaintiff, Implicit.
`
`02:04:00
`
` MR. BUDAJ: Evan Budaj, also representing
`
`Plaintiff Implicit.
`
` MR. WEED: Ben Weed from K&L Gates on
`
`behalf of Trend Micro. And with me, also from K&L
`
`Gates, is Mike Zeliger.
`
`02:04:15
`
`DTI Court Reporting Solutions - San Francisco
`(800) 869-9132
`www.deposition.com
`
`Page 6 of 10
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`Implicit Exhibit 2013
`Juniper v. Implicit
`
`
`
`DANIEL S. DECASPER - 10/3/2017
`
`Page 149
`
` THE VIDEOGRAPHER: Thank you. The court
`
`reporter today is Hanna Kim of DTI. Will the court
`
`reporter please swear in the witness.
`
` DANIEL S. DECASPER, PH.D.,
`
`having been administered an oath, was examined and
`
`02:04:17
`
`testified as follows:
`
` THE VIDEOGRAPHER: Thank you. Please
`
`begin.
`
` EXAMINATION
`
`BY MR. SINGER:
`
`02:04:31
`
` Q. Good afternoon, Dr. Decasper.
`
` A. Hi there.
`
` Q. So thank you for making yourself available
`
`again. As you likely suspect, I'm going to be
`
`asking you questions about some work you did in the
`
`02:04:44
`
`'98/'99 time frame on router plugins and active
`
`router plugins.
`
` Sound okay?
`
` A. Sounds good.
`
` Q. Okay. You have to answer verbally for the
`
`02:04:58
`
`court reporter to take it down.
`
` So the router plugins architecture and the
`
`active router plugins extensions were developed as
`
`part of two separate projects; is that correct?
`
` A. That is -- well, I mean, I hate to start
`
`02:05:11
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`(800) 869-9132
`www.deposition.com
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`Page 7 of 10
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`Implicit Exhibit 2013
`Juniper v. Implicit
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`
`
`DANIEL S. DECASPER - 10/3/2017
`
`Page 235
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`read -- write that to a file.
`
` Q. And that can include --
`
` A. TCP itself would -- sorry to interrupt.
`
`TCP itself wouldn't write it to a file, right. It
`
`just -- it has no notions of files. It will just
`
`04:03:39
`
`accumulate the data, hand it to the application, and
`
`then let the application, here's your data, do with
`
`it whatever you want.
`
` Q. Accumulate the data and order the data
`
`and --
`
` A. Yes.
`
`04:03:55
`
` Q. -- make sure that it's gotten the whole
`
`message?
`
` A. Mm-hmm (Witness nods.)
`
` Q. Yes?
`
`04:03:59
`
` MR. WEED: Object to the form.
`
` THE WITNESS: Well, so it -- it hands it
`
`to the application before the -- it goes in -- it
`
`just guarantees what's called in-order delivery,
`
`right. So it will -- if I have a -- if I sent --
`
`04:04:08
`
`let's just say I sent letter A, B, C across the
`
`network, they're each in different packets, it will
`
`make sure it receives in this order. But I can hand
`
`A to the application, then wait a little bit, hand B
`
`to the application, wait a little bit, hand C to the
`
`04:04:26
`
`DTI Court Reporting Solutions - San Francisco
`(800) 869-9132
`www.deposition.com
`
`Page 8 of 10
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`Implicit Exhibit 2013
`Juniper v. Implicit
`
`
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`DANIEL S. DECASPER - 10/3/2017
`
`Page 236
`
`application. And so, I don't -- I don't need to
`
`have all of it to start handing over data.
`
`BY MR. SINGER:
`
`Q.
`
`And did you ever attempt to design,
`
`develop, implement or test a plugin for the router
`
`04:04:50
`
`plugin architecture where the function performed by
`
`the plugin included implementing the TCP protocol?
`
`No.
`
`Are you aware of anyone ever attempting
`
`A.
`
`Q.
`
`that?
`
`A.
`
`I mean, I don't know why you would do that
`
`in a router, right. I mean, if you have an
`
`appli- -- so, if you have an application running on
`
`that router and you have something from the outside
`
`04:05:10
`
`that talks to that application, it will go through
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`04:05:24
`
`the TCP stack and -- to that app, right.
`
`Q.
`
`A.
`
`Q.
`
`Meaning --
`
`But --
`
`-- the messages that are actually -- when
`
`the router is the destination --
`
`04:05:35
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`Exactly.
`
`-- of the packet.
`
`Yes.
`
`Okay. Okay. I'd like to talk for a
`
`minute about active router plugins.
`
`04:05:43
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`(800) 869-9132
`www.deposition.com
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`Page 9 of 10
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`Implicit Exhibit 2013
`Juniper v. Implicit
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`
`
`DANIEL S. DECASPER - 10/3/2017
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`Page 237
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` A. Okay.
`
` Q. Okay. And by a minute, I mean a long
`
`time.
`
` And so --
`
` A. So we're done with this?
`
`04:05:59
`
` Q. Yes.
`
` I would like to -- we're going to look at
`
`your thesis again, please, starting on page 5.
`
` So that sentence we were looking at at the
`
`top of page 5 -- sorry, that paragraph, it -- it
`
`04:06:33
`
`ends in the sentence, "We discuss the Type 4
`
`extensions separately from the Type 5 extensions
`
`because, as we will show, they are partly
`
`orthogonal."
`
` A. Yep.
`
`04:06:48
`
` Q. Sitting here today, do you have any
`
`recollection of what you meant when you wrote that?
`
` A. I believe so, yes. I think -- so in the
`
`router plugins case, there was not administration
`
`action needed to get the code onto the device,
`
`04:07:03
`
`right, and -- and connect the two network flows,
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`packets. And while the active network piece shares
`
`a lot of the other components of the router plugins,
`
`this one, it doesn't, right. It has -- it has a
`
`basically fundamentally different model. It's
`
`04:07:27
`
`DTI Court Reporting Solutions - San Francisco
`(800) 869-9132
`www.deposition.com
`
`Page 10 of 10
`
`Implicit Exhibit 2013
`Juniper v. Implicit
`
`
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