126
`
`VOCALIFE LLC,
`PLAINTIFF,
`
`VS.
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`)(
`
`)(
`CIVIL ACTION NO.
`)(
`2:19-CV-123-JRG
`)(
`MARSHALL, TEXAS
`)(
`)(
`OCTOBER 1, 2020
`)(
`1:41 P.M.
`)(
`TRANSCRIPT OF JURY TRIAL
`AFTERNOON SESSION
`BEFORE THE HONORABLE JUDGE RODNEY GILSTRAP
`UNITED STATES CHIEF DISTRICT JUDGE
`
`AMAZON.COM, INC. and
`AMAZON.COM LLC,
`
`DEFENDANTS.
`
`
`
`FOR THE PLAINTIFF:
`MR. ALFRED R. FABRICANT
`MR. PETER LAMBRIANAKOS
`MR. VINCENT J. RUBINO, III
`MS. AMY PARK
`MR. ENRIQUE ITURRALDE
`FABRICANT LLP
`230 Park Avenue, 3rd Floor W.
`New York, NY 10169
`MR. SAMUEL F. BAXTER
`MS. JENNIFER L. TRUELOVE
`MCKOOL SMITH, P.C.
`104 East Houston Street, Suite 300
`Marshall, TX 75670
`
`Amazon Ex. 1043
`Amazon.com v. Vocalife
`IPR2020-00864
`
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`Amazon Ex. 1043, Page 1 of 32
`
`
`
`VOCALIFE LLC,
`PLAINTIFF,
`
`VS.
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`)(
`
`)(
`CIVIL ACTION NO.
`)(
`2:19-CV-123-JRG
`)(
`MARSHALL, TEXAS
`)(
`)(
`OCTOBER 1, 2020
`)(
`1:41 P.M.
`)(
`TRANSCRIPT OF JURY TRIAL
`AFTERNOON SESSION
`BEFORE THE HONORABLE JUDGE RODNEY GILSTRAP
`UNITED STATES CHIEF DISTRICT JUDGE
`
`AMAZON.COM, INC. and
`AMAZON.COM LLC,
`
`DEFENDANTS.
`
`
`
`FOR THE PLAINTIFF:
`MR. ALFRED R. FABRICANT
`MR. PETER LAMBRIANAKOS
`MR. VINCENT J. RUBINO, III
`MS. AMY PARK
`MR. ENRIQUE ITURRALDE
`FABRICANT LLP
`230 Park Avenue, 3rd Floor W.
`New York, NY 10169
`MR. SAMUEL F. BAXTER
`MS. JENNIFER L. TRUELOVE
`MCKOOL SMITH, P.C.
`104 East Houston Street, Suite 300
`Marshall, TX 75670
`
`Amazon Ex. 1043
`Amazon.com v. Vocalife
`IPR2020-00864
`
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`Amazon Ex. 1043, Page 1 of 32
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`127
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`FOR THE DEFENDANTS:
`MR. JOSEPH R. RE
`ALAN G. LAQUER
`KENDALL M. LOEBBAKA
`JOSHUA J. STOWELL
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street, Fourteenth Floor
`Irvine, CA 92614
`MR. COLIN B. HEIDEMAN
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`925 Fourth Avenue, Suite 2500
`Seattle, WA 98104
`MS. JENNIFER H. DOAN
`MR. JOSHUA R. THANE
`MR. KYLE R. AKIN
`HALTOM & DOAN
`6500 Summerhill Road, Suite 100
`Texarkana, TX 75503
`MR. J. DAVID HADDEN
`MR. RAVI RANGANATH
`MR. THOMAS JOHN FOX
`FENWICK & WEST LLP
`801 California Street
`Mountain View, CA 94041
`MR. DERON R. DACUS
`THE DACUS FIRM, PC
`821 ESE Loop 323, Suite 430
`Tyler, TX 75701
`
`COURT REPORTER:
`
`Shelly Holmes, CSR, TCRR
`Official Reporter
`United States District Court
`Eastern District of Texas
`Marshall Division
`100 E. Houston Street
`Marshall, Texas 75670
`(903) 923-7464
`
`(Proceedings recorded by mechanical stenography, transcript
`produced on a CAT system.)
`
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`Amazon Ex. 1043, Page 2 of 32
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`think it must discuss noise reduction when it talk about
`microphone array.
`Q. Well, let's take a closer look.
`MR. RE: If we can go to Page 11 of the table of
`contents of this book.
`Q. (By Mr. Re) Page 11 has a table of contents. We can
`see sections that are in this book specifically on noise
`reduction with microphone arrays. Do you see that?
`A. Yes.
`MR. RE: And let's go to Page 13 of this
`Exhibit 49.
`Q. (By Mr. Re) And we can see in the table of contents in
`Chapter 12 several more sections dealing with noise
`reduction techniques. Do you see that?
`A. Yes.
`Q. And we can see that Dr. Brandstein's Chapter 12 is all
`about microphone arrays with -- and I quote, postfilters
`for noise and acoustic echo reduction. Do you see that?
`A. Yes.
`Q. And do you also see in Section 12.3, a reference to a
`Wiener Filter. Do you see that?
`A. Yes.
`Q. And that's a noise reduction algorithm, isn't it?
`A. Yes.
`Q. And that is the same exact noise reduction algorithm
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`Amazon Ex. 1043, Page 3 of 32
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`that you describe using in your '049 patent, correct?
`Wiener Filter?
`A. Can be one of the noise reduction algorithm.
`Q. Yes, and it's one of many different noise reduction
`algorithms, isn't it?
`A. Yes.
`Q. And we can also see in the Brandstein table of contents
`that Dr. Brandstein also discloses and discusses Wiener
`Filters for noise reduction?
`MR. RE: If we can call that.
`Q. (By Mr. Re) And, in particular, Section 3.2 in the
`chapter Post-filtering Techniques. It's called
`Multichannel Wiener Filtering in Sub-bands. Do you see
`that?
`A. Yes.
`Q. So it's pretty clear that you did not invent the idea
`or technique of noise reduction with microphone arrays,
`right?
`A. Right.
`Q. And you did not invent the specific noise reduction
`algorithm used in your patent, such as the Wiener Filter,
`right?
`A. No, no, I didn't invent the Wiener Filter.
`Q. You did not. And that noise reduction algorithm was
`obviously public knowledge well before 2011, right?
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`Amazon Ex. 1043, Page 4 of 32
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`Q. In fact, sound source localization is well-known before
`your meeting at Amazon, right?
`A. Right.
`Q. And, in fact, if we go to our book on Microphone
`Arrays, you can see in Brandstein, there's an entire
`chapter, the table of contents, discussing sound source
`localization, right?
`A. Uh-huh.
`Q. And sound source localization is just figuring out the
`direction the sound is coming from?
`A. Yes.
`Q. Or the -- or the location where the sound is coming
`from?
`A. Yes.
`Q. So I know you're talking from over there because my
`ears have some sound source localization capability?
`A. Right.
`Q. And so you did not invent sound source localization
`using a microphone array system, right?
`A. Right.
`Q. And that was public knowledge well before 2011 when you
`visited Amazon, right?
`A. Right.
`Q. And your -- your '049 patent, in fact, it uses a very
`specific kind of sound source localization technique called
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`Amazon Ex. 1043, Page 5 of 32
`
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`SRP-PHAT. And PHAT is spelled P-H-A-T. Correct?
`A. Did you display that on the screen?
`Q. Yes, I'd like to.
`MR. RE: It's Plaintiff's Exhibit 1, Page 42, at
`Column 11, Lines 25 through 28. If we can show that to
`Dr. Li, Mr. Berk. Column 11, Lines -- there we go. You're
`zoning in on it. That's it.
`Q. (By Mr. Re) And do you see that your patent
`specifically refers to this algorithm for sound source
`localization? Do you see that?
`A. Yes.
`Q. But you do know, sir, that Dr. Brandstein has a whole
`section using the SRP-PHAT algorithm for sound source
`localization in a microphone array system, right?
`A. Could you repeat your question?
`MR. RE: Let's show Mr. Brandstein --
`Dr. Brandstein's 2001 textbook, specifically Section 8.3.5.
`There we go.
`Q. (By Mr. Re) Looking at the screen, sir, isn't it clear
`to you that the use of SRP-PHAT algorithm for sound source
`localization techniques in a microphone array system was
`well-known well before you visited Amazon?
`A. Yes.
`Q. And so I'll just go to my board again and write "known"
`to signify that sound source localization was known --
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`Amazon Ex. 1043, Page 6 of 32
`
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`said --
`Q. Yes --
`A. Adaptive beamforming for microphone array.
`Q. Yes. Adaptive beamforming for microphone arrays, that
`was well-known before you came to Amazon, right?
`A. I told you that we developed implementation -- an
`algorithm, an algorithm for adaptive beamforming for
`microphone array.
`Q. Okay. And using adaptive beamforming for microphone
`arrays was well-known, right?
`A. I don't know if it's well-known or not well-known.
`Even adaptive beamforming can have a different kind of
`implementation under the same title.
`Q. Okay. Let's take a look at Dr. Brandstein's book.
`MR. RE: And if we could go to Chapter 5.
`Q. (By Mr. Re) And you see he has an entire chapter on
`robust adaptive beamforming in his book on microphones
`already?
`A. Uh-huh.
`Q. Do you see that?
`A. Uh-huh.
`THE COURT: Again, Dr. Li, you're going to have to
`answer out loud yes or no. Non-verbalized answers like
`"uh-huh" are not clear in the record. So, please, try to
`give us a verbalized answer, okay?
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`Amazon Ex. 1043, Page 7 of 32
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`development. Do you see that?
`A. Yes.
`Q. But -- and so did you remember actually discussing with
`Amazon your ideas about using a digital signal processor?
`A. Yes, we did, and I think we also showed demo --
`Q. Okay.
`A. -- using hardware, using microprocessor to -- to be
`implemented -- for digital signal processing.
`Q. But you did not invent the digital signal processor,
`right?
`A. No.
`Q. And you did not invent the idea of using a digital
`signal processor with a microphone array, right?
`A. No.
`Q. And digital signal processors for use in microphone
`arrays is also well-known, right?
`A. Yes.
`MR. RE: And if I can go to Dr. Brandstein's book
`on microphone arrays, in particular, Section 5.6.
`Q. (By Mr. Re) It's -- first sentence in Section 5.6.1,
`implementation of hardware evaluation of a robust adaptive
`microphone array, he specifically points out that it can be
`implemented on a portable and flexible DSP system. Do you
`see that?
`A. Yes.
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`Amazon Ex. 1043, Page 8 of 32
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`Q. So using DSPs for microphone arrays was publicly known,
`at least by 2001, about 10 years before you visited Amazon,
`right?
`A. Here, right.
`Q. Okay. So you agree with my board that these items,
`these ideas for use in a microphone array, were known well
`before you came to Amazon in 2011, correct?
`A. This technology titles.
`Q. And you were here, these -- these titles you said, you
`call them titles? It's concepts, right, you were here for
`opening statements, right?
`A. Can you repeat your question?
`Q. I want to show you what your counsel showed the jury
`earlier today. It was a Slide 18. Do you remember this?
`A. Yes.
`Q. And your counsel said that -- that you and Vocalife
`will show infringement, that my client uses what is in the
`patent, as shown on Slide 18 during the opening statement.
`Do you remember that?
`A. Yes.
`Q. And you agree with what your counsel said with regard
`to your patent, which is PTX-1, and you agree with this
`listing?
`A. That's -- our claim include all of this technology
`components.
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`Amazon Ex. 1043, Page 9 of 32
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`VOCALIFE LLC,
`PLAINTIFF,
`
`VS.
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`)(
`
`)(
`CIVIL ACTION NO.
`)(
`2:19-CV-123-JRG
`)(
`MARSHALL, TEXAS
`)(
`)(
`OCTOBER 2, 2020
`)(
`8:25 A.M.
`)(
`TRANSCRIPT OF JURY TRIAL
`MORNING SESSION
`BEFORE THE HONORABLE JUDGE RODNEY GILSTRAP
`UNITED STATES CHIEF DISTRICT JUDGE
`
`
`
`AMAZON.COM, INC. and
`AMAZON.COM LLC,
`
`DEFENDANTS.
`
`FOR THE PLAINTIFF:
`MR. ALFRED R. FABRICANT
`MR. PETER LAMBRIANAKOS
`MR. VINCENT J. RUBINO, III
`MS. AMY PARK
`MR. ENRIQUE ITURRALDE
`FABRICANT LLP
`230 Park Avenue, 3rd Floor W.
`New York, NY 10169
`MR. SAMUEL F. BAXTER
`MS. JENNIFER L. TRUELOVE
`MCKOOL SMITH, P.C.
`104 East Houston Street, Suite 300
`Marshall, TX 75670
`
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`Amazon Ex. 1043, Page 10 of 32
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`FOR THE DEFENDANTS:
`MR. JOSEPH R. RE
`ALAN G. LAQUER
`KENDALL M. LOEBBAKA
`JOSHUA J. STOWELL
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street, Fourteenth Floor
`Irvine, CA 92614
`MR. COLIN B. HEIDEMAN
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`925 Fourth Avenue, Suite 2500
`Seattle, WA 98104
`MS. JENNIFER H. DOAN
`MR. JOSHUA R. THANE
`MR. KYLE R. AKIN
`HALTOM & DOAN
`6500 Summerhill Road, Suite 100
`Texarkana, TX 75503
`MR. J. DAVID HADDEN
`MR. RAVI RANGANATH
`MR. THOMAS JOHN FOX
`FENWICK & WEST LLP
`801 California Street
`Mountain View, CA 94041
`MR. DERON R. DACUS
`THE DACUS FIRM, PC
`821 ESE Loop 323, Suite 430
`Tyler, TX 75701
`
`COURT REPORTER:
`
`Shelly Holmes, CSR, TCRR
`Official Reporter
`United States District Court
`Eastern District of Texas
`Marshall Division
`100 E. Houston Street
`Marshall, Texas 75670
`(903) 923-7464
`
`(Proceedings recorded by mechanical stenography, transcript
`produced on a CAT system.)
`
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`Amazon Ex. 1043, Page 11 of 32
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`Q. So you were aware of the Brandstein book, obviously,
`before you published this article in April of 2009, right?
`A. Yes.
`Q. I now would like to move on to one of your data sheets.
`I'd like to show you Plaintiff's Exhibit 258, which I
`believe you discussed yesterday.
`Do you recall Exhibit 258, your discussions with
`Mr. Fabricant yesterday?
`A. Yes.
`Q. And this was revised -- if I see the date correctly on
`this document, it was revised on or around August 11th,
`2011, correct?
`A. Yes.
`Q. And so if we look at the bottom portion of this page,
`we can see that in August 2011, before your meeting with
`Amazon, you publicly described, one, circular microphone
`array; two, sound source localization; three, adaptive
`beamforming; four, noise reduction; five, echo
`cancellation; and, six, a DSP chip. Is that correct?
`A. Yes, just the titles.
`Q. Yes. And so you were publicizing this information
`before -- before you ever met with Amazon in August of
`2011, correct?
`A. We had that document available. I don't understand the
`meaning of published.
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`Amazon Ex. 1043, Page 12 of 32
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`right?
`A. Right.
`Q. And this is just one example that I could pull to show
`that you did have Brandstein open when you were writing
`your patent application, right?
`A. Could you repeat your question?
`Q. This is just one example of many where you -- it is
`clear that you had the Brandstein book open when you were
`writing your patent application, right?
`A. No. We didn't open the book when I write our patent
`application.
`Q. So the language is merely a coincidence when it's
`similar to Brandstein?
`A. When we wrote our patent application, we have the
`knowledge.
`Q. But you also had the knowledge of Brandstein, correct?
`A. Knowledge of what?
`Q. You also had the knowledge of the Brandstein book
`entitled Microphone Arrays?
`A. The knowledge is not just from this book. The same
`term you can find out from other books or papers, as well.
`Q. Let's look at another example to clear this up.
`MR. RE: Let's go to DTX-49 at 183.
`Q. (By Mr. Re) Do you see where Brandstein states: The
`delay-and-sum SRP approach requires shorter analysis
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`Amazon Ex. 1043, Page 13 of 32
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`intervals and exhibits an elevated insensitivity to
`environmental conditions, though again, not to a degree
`that allows for their use under excessive multi-path.
`Did I read that correctly?
`A. Yes.
`Q. Now, let's look at your provisional application at that
`Page 136903 from the production, Page 7.
`It states: The SRP approach requires shorter
`analysis intervals and exhibits an elevated insensitivity
`to environmental condition while not allowing for use under
`excessive multi-path.
`Right?
`A. Right.
`Q. Does this make it a little more clear to you that the
`author of this patent application did, in fact, open and
`use the Brandstein book when the application was written?
`A. Yes.
`Q. And I could show you additional examples, but for the
`sake of time, you can see that the author of the
`application had the Brandstein book, right?
`A. You haven't shown me yet.
`Q. Let's move on.
`Now, you knew from the launch, that Echo launched
`in 2014, right?
`A. Yes.
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`Amazon Ex. 1043, Page 14 of 32
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`403
`
`VOCALIFE LLC,
`PLAINTIFF,
`
`VS.
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`)(
`
`)(
`CIVIL ACTION NO.
`)(
`2:19-CV-123-JRG
`)(
`MARSHALL, TEXAS
`)(
`)(
`OCTOBER 2, 2020
`)(
`12:49 P.M.
`)(
`TRANSCRIPT OF JURY TRIAL
`AFTERNOON SESSION
`BEFORE THE HONORABLE JUDGE RODNEY GILSTRAP
`UNITED STATES CHIEF DISTRICT JUDGE
`
`AMAZON.COM, INC. and
`AMAZON.COM LLC,
`
`DEFENDANTS.
`
`
`
`FOR THE PLAINTIFF:
`MR. ALFRED R. FABRICANT
`MR. PETER LAMBRIANAKOS
`MR. VINCENT J. RUBINO, III
`MS. AMY PARK
`MR. ENRIQUE ITURRALDE
`FABRICANT LLP
`230 Park Avenue, 3rd Floor W.
`New York, NY 10169
`MR. SAMUEL F. BAXTER
`MS. JENNIFER L. TRUELOVE
`MCKOOL SMITH, P.C.
`104 East Houston Street, Suite 300
`Marshall, TX 75670
`
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`Amazon Ex. 1043, Page 15 of 32
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`FOR THE DEFENDANTS:
`MR. JOSEPH R. RE
`ALAN G. LAQUER
`KENDALL M. LOEBBAKA
`JOSHUA J. STOWELL
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street, Fourteenth Floor
`Irvine, CA 92614
`MR. COLIN B. HEIDEMAN
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`925 Fourth Avenue, Suite 2500
`Seattle, WA 98104
`MS. JENNIFER H. DOAN
`MR. JOSHUA R. THANE
`MR. KYLE R. AKIN
`HALTOM & DOAN
`6500 Summerhill Road, Suite 100
`Texarkana, TX 75503
`MR. J. DAVID HADDEN
`MR. RAVI RANGANATH
`MR. THOMAS JOHN FOX
`FENWICK & WEST LLP
`801 California Street
`Mountain View, CA 94041
`MR. DERON R. DACUS
`THE DACUS FIRM, PC
`821 ESE Loop 323, Suite 430
`Tyler, TX 75701
`
`COURT REPORTER:
`
`Shelly Holmes, CSR, TCRR
`Official Reporter
`United States District Court
`Eastern District of Texas
`Marshall Division
`100 E. Houston Street
`Marshall, Texas 75670
`(903) 923-7464
`
`(Proceedings recorded by mechanical stenography, transcript
`produced on a CAT system.)
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`Amazon Ex. 1043, Page 16 of 32
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`up? Just -- yeah, just the formula at the top, if you
`could.
`Q. (By Mr. Hadden) Now, this is a -- a formula from your
`paper. And it specifies how that shape of that beam
`depends on the frequency and that angle that -- to the
`target sound source and these weights; isn't that right,
`Dr. Zhu?
`A. Yeah, that's why we implemented the microphone array.
`That's what we did in the paper.
`Q. Okay. And if we look at your patent --
`MR. HADDEN: At Column 7, Mr. Berk.
`Q. (By Mr. Hadden) I apologize. The text here is not as
`clear.
`
`MR. HADDEN: If you can move down.
`Q. (By Mr. Hadden) The equation you have in the patent
`for forming that beam shape that is pointed at the target
`sound source you're trying to listen to, it's the same
`formula that's in your paper, isn't it, Dr. Zhu?
`A. Yes. Like I said, that's one way to implement
`beamforming.
`MR. HADDEN: Now, if we go back to Figure 3 of the
`patent, please -- the article, please, Mr. Berk.
`Q. (By Mr. Hadden) Now, if you look at the top of this
`figure again, Figure -- Figure 3 from your article from
`2009, there's a little Greek letter tau with a subscript 3.
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`Amazon Ex. 1043, Page 17 of 32
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`Do you see that, Dr. Zhu?
`A. Yes.
`Q. And that represents the delay to microphone that's
`indicated as d3 from the center of that microphone array;
`isn't that right, Dr. Zhu?
`A. Yeah. In this paper, yes.
`Q. Okay. And, again, that delay depends on that angle to
`the target sound source that has been located; isn't that
`right?
`A. Yes.
`Q. Okay. And that delay is used to calculate those
`weights, W1, W2, W3, W4 that are used to form that beam that
`is directed at that target sound source; isn't that right,
`Dr. Zhu?
`A. Let me -- I think they're related, yes.
`Q. Okay.
`MR. HADDEN: And if we look at -- if we could,
`Mr. Berk, to the second column on that same page of the
`paper. There's a sentence that begins, we use taun and it
`has a formula.
`A. Yes.
`Q. (By Mr. Hadden) So this is the formula for that delay.
`This has a subscript n, which just means it can be any one
`of those microphones, right, so --
`A. Can you repeat your question?
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`Amazon Ex. 1043, Page 18 of 32
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`Q. Sure. I'm sorry. I'll start over.
`Do you see this formula from your 2009 paper,
`Dr. Zhu?
`A. Uh-huh, yes.
`Q. And -- and it has tau, which is the little Greek letter
`that looks like a t, and it has a subscript n. Do you see
`that?
`A. Yes.
`Q. And n is just a -- kind of placeholder for the number
`of the microphone that we're talking about, right?
`A. Yes.
`Q. Okay. And then -- has a formula for that delay, and it
`is a frequency -- a sampling frequency multiplied by dn
`which is the distance in the microphone from the center of
`the array. And then it's multiplied by the cosine of the
`angle theta, which is the angle to the target sound source.
`And all that's divided by c, which is the speed of sound.
`Is that correct, Dr. Zhu?
`A. Yes.
`Q. Okay. And if we look at Figure 6 in your patent.
`MR. HADDEN: If we could blow up 6A -- actually
`6B, Mr. Berk.
`Q. (By Mr. Hadden) And I'm sorry for that. The text is
`not as clear as I would hope on the patent version we have
`here. But if you can see, this is Table 6B from your
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`Amazon Ex. 1043, Page 19 of 32
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`patent. And it has in the column on the right delay tau,
`and it says in parentheses number of samples. Do you see
`that.
`A. Yes.
`Q. Okay. And if we look at the entry for 180 degrees, the
`equation for the delay tau is the same as the equation from
`your paper describing Figure 3; isn't that right, Dr. Zhu?
`A. Yeah, that's a specific situation.
`Q. Right. So for a linear array, the angle between the
`microphone and the center of the array is going to be
`either 0 degrees or 180 degrees, depending on what side of
`the midpoint it's on, right, Dr. Zhu?
`A. Can you repeat that question?
`Q. Sure.
`A. Sorry.
`Q. So you said it's a special case, and I'm just trying to
`understand. It's a special case because when we have a
`linear microphone array, the only angle between a
`microphone in the center of the array, because they're in a
`line, it's either 0 degrees or 180 degrees, right?
`A. Can you put this figure back to the context because the
`180 means the sound source sensor position.
`Q. Right. Isn't the sound source sensor the microphone?
`A. Yeah, the sound source sensor is the microphone, yeah.
`Q. So this is the angle of the microphone relative to the
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`Amazon Ex. 1043, Page 20 of 32
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`center of the microphone array, right, Dr. Zhu?
`A. I think this one, the sensor, I put in the linear
`shape.
`Q. Right. And that's the same shape that you show in
`Figure 3 of your 2009 paper, right, Dr. Zhu?
`A. Yes.
`Q. Right. So -- and to be clear, you describe linear
`microphone arrays, as well as circular microphone arrays,
`in the '049 patent, right, Dr. Zhu?
`A. Yes, they are two special cases for my invention.
`Q. Right. And so for the case of the linear microphone
`array, you show the same formula for calculating the delay
`in your 2009 article as you do in this Figure 6B from your
`'049 patent, don't you, Dr. Zhu?
`A. Yes.
`Q. Thank you.
`MR. HADDEN: Now, if we go to -- could we go to
`the introduction of the paper, the 2009 paper? Could you
`blow up the first paragraph? Now -- oh, I'm sorry, the
`second paragraph, Mr. Berk. My bad.
`Q. (By Mr. Hadden) Now, this paper that you and Dr. Li
`published in 2009, that was presented at a conference in
`Taiwan; is that correct, Dr. Zhu?
`A. Yes.
`Q. And the purpose of the paper was to publicize the work
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`Amazon Ex. 1043, Page 21 of 32
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`the back, please, Mr. Berk. If you'll just blow those up.
`Q. (By Mr. Hadden) Figure -- No. 4 that you cite there is
`this book by Professor Brandstein, that we've heard a bit
`about. Do you see that, Dr. Zhu?
`A. Yes.
`Q. And you were familiar with Dr. Brandstein's book when
`you were writing this paper in 2009, weren't you?
`A. That's one of our reference.
`Q. And as I understood your testimony, your Master's
`degree and your Ph.D. were in -- related more to pattern
`recognition rather than acoustic signal processing; is that
`accurate?
`A. Yeah, but they're all related to signal processing,
`more general --
`Q. But to learn the specifics of microphone arrays and
`acoustical signal processing, you read technical books and
`articles while you were working with -- with Dr. Li at Li
`Creative, didn't you?
`A. Yes.
`Q. Okay. And some of those technical books and articles,
`you listed here as references in your 2009 paper; is that
`correct, Dr. Zhu?
`A. Yes.
`Q. Okay. Now -- and when you were getting up to speed and
`learning about acoustic signal processing, you looked at
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`Amazon Ex. 1043, Page 22 of 32
`
`
`
`972
`
`VOCALIFE LLC,
`PLAINTIFF,
`
`VS.
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`)(
`
`)(
`CIVIL ACTION NO.
`)(
`2:19-CV-123-JRG
`)(
`MARSHALL, TEXAS
`)(
`)(
`OCTOBER 6, 2020
`)(
`12:47 P.M.
`)(
`TRANSCRIPT OF JURY TRIAL
`AFTERNOON SESSION
`BEFORE THE HONORABLE JUDGE RODNEY GILSTRAP
`UNITED STATES CHIEF DISTRICT JUDGE
`
`AMAZON.COM, INC. and
`AMAZON.COM LLC,
`
`DEFENDANTS.
`
`
`
`FOR THE PLAINTIFF:
`MR. ALFRED R. FABRICANT
`MR. PETER LAMBRIANAKOS
`MR. VINCENT J. RUBINO, III
`MS. AMY PARK
`MR. ENRIQUE ITURRALDE
`FABRICANT LLP
`230 Park Avenue, 3rd Floor W.
`New York, NY 10169
`MR. SAMUEL F. BAXTER
`MS. JENNIFER L. TRUELOVE
`MCKOOL SMITH, P.C.
`104 East Houston Street, Suite 300
`Marshall, TX 75670
`
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`
`Amazon Ex. 1043, Page 23 of 32
`
`
`
`973
`
`FOR THE DEFENDANTS:
`MR. JOSEPH R. RE
`ALAN G. LAQUER
`KENDALL M. LOEBBAKA
`JOSHUA J. STOWELL
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street, Fourteenth Floor
`Irvine, CA 92614
`MR. COLIN B. HEIDEMAN
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`925 Fourth Avenue, Suite 2500
`Seattle, WA 98104
`MS. JENNIFER H. DOAN
`MR. JOSHUA R. THANE
`MR. KYLE R. AKIN
`HALTOM & DOAN
`6500 Summerhill Road, Suite 100
`Texarkana, TX 75503
`MR. J. DAVID HADDEN
`MR. RAVI RANGANATH
`MR. THOMAS JOHN FOX
`FENWICK & WEST LLP
`801 California Street
`Mountain View, CA 94041
`MR. DERON R. DACUS
`THE DACUS FIRM, PC
`821 ESE Loop 323, Suite 430
`Tyler, TX 75701
`
`COURT REPORTER:
`
`Shelly Holmes, CSR, TCRR
`Official Reporter
`United States District Court
`Eastern District of Texas
`Marshall Division
`100 E. Houston Street
`Marshall, Texas 75670
`(903) 923-7464
`
`(Proceedings recorded by mechanical stenography, transcript
`produced on a CAT system.)
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`Q. And how do you know that from looking at the figure
`that you're showing on the ELMO? It's Figure 3 in
`Paragraph 89 of your report.
`A. You can see -- let me find them.
`Q. Go to the microphone if you can.
`A. I need to review this because this -- give me a second.
`Q. First of all, what reference are you discussing in the
`expert report?
`A. So -- so I'm discussing a reference called Saric.
`Q. And your opinion today did not in any way -- in any way
`rely on Saric; isn't that right?
`A. That is correct.
`Q. And, in fact, your -- your conclusions were about
`Dmochowski showing Limitation [C], right?
`A. That is correct.
`Q. The Li paper --
`THE COURT: Just a minute, counsel.
`Do you have an objection?
`MR. RUBINO: Objection, leading, Your Honor.
`THE COURT: Sustained as to leading.
`Restate your question in a non-leading form.
`Q. (By Mr. Re) Can you just give me your conclusions and
`explain whether any of your conclusions rely in any way on
`the Saric reference?
`A. My conclusion was that Claims 1 -- Claims 1 and 8 of
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`Amazon Ex. 1043, Page 25 of 32
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`the '049 patent were invalid based on the prior art. Those
`conclusions were rendered independently of the Saric
`reference, although the Saric reference was a number -- a
`larger number of references that were in the report.
`Q. But we elected not to present that in this case, right?
`A. That is correct.
`Q. And so the elected references for trial were
`Brandstein, right?
`A. Yes.
`Q. Dmochowski?
`A. Yes.
`Q. Li, as well, right?
`A. Yes.
`Q. And did you have an opinion about Li and whether the
`patent would have issued had the examiner had Li?
`A. If the examiner had Li, the patent would not have
`issued.
`Q. And if the examiner had Brandstein or Dmochowski or
`even Abutalebi in combination, would the examiner have
`allowed the claims?
`A. If the examiner had any of those prior art, the patent
`would not have issued.
`Q. And that opinion in no way relied upon the Saric
`reference which counsel was asking you in
`cross-examination, right?
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`Amazon Ex. 1043, Page 26 of 32
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`A. That is correct.
`Q. Now, counsel also gave the impression, I thought, that
`someone put it together. Did you hear that?
`A. I sure did.
`Q. What -- w
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