LONG YANG, PhD 3/10/2021
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`Page 1
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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` SONY INTERACTIVE ENTERTAINMENT, LLC
`Petitioner
`v.
`BOT M8, LLC
`Patent Owner
`
`Case No. IPR2020-00726
`U.S. Patent No. 8,112,670
`
`_______________
`
` REMOTE DEPOSITION OF LONG YANG, PhD
`Taken on Behalf of Petitioner
`Wednesday, March 10, 2021
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`www.alaris.us
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`ALARIS LITIGATION SERVICES
`Phone: 1.800.280.3376
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`Fax: 314.644.1334
`
`IPR2020-01288
`Sony EX1052 Page 1
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`Page 1
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
` SONY INTERACTIVE ENTERTAINMENT, LLC
`Petitioner
`v.
`BOT M8, LLC
`Patent Owner
`
`Case No. IPR2020-00726
`U.S. Patent No. 8,112,670
`
`_______________
`
` REMOTE DEPOSITION OF LONG YANG, PhD
`Taken on Behalf of Petitioner
`Wednesday, March 10, 2021
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`www.alaris.us
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`ALARIS LITIGATION SERVICES
`Phone: 1.800.280.3376
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`Fax: 314.644.1334
`
`IPR2020-01288
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` LONG YANG, PhD 3/10/2021
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`Page 2
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` INDEX OF EXAMINATION
`LONG YANG, PhD PAGE
`Examination by Mr. Mudd. . . . . . . . . . . . . 6
`Examination by Mr. Caplan. . . . . . . . . . . . 113
`
` oOo
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` INDEX OF PREVIOUSLY MARKED EXHIBITS
`
`EXHIBITS PAGE
`No. 1001 - U.S. Patent No. 8,112,670, Haishima,
` 2-07-12 . . . . . . . . . . . . . . . 10
`No. 2041 - Declaration of Dr. Long Yang, PhD,
` 1-21-21 . . . . . . . . . . . . . . . 11
`No. 1005 - Japanese Unexamined Patent
` Application, Disclosure No.
` JP-2000-35888, 2-02-00. . . . . . . . 66
`No. 1007 - U.S. Patent Application, US 2004/
` 0054952 A1, Morrow, 3-18-04 . . . . . 92
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`Fax: 314.644.1334
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` LONG YANG, PhD 3/10/2021
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`Page 3
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` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
` SONY INTERACTIVE ENTERTAINMENT, LLC
` Petitioner
` v.
` BOT M8, LLC
` Patent Owner
`
` Case No. IPR2020-00726
` U.S. Patent No. 8,112,670
`
` _______________
`
` REMOTE DEPOSITION OF LONG YANG, PhD
` Taken on Behalf of Petitioner
` Wednesday, March 10, 2021
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`Phone: 1.800.280.3376
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`Fax: 314.644.1334
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` LONG YANG, PhD 3/10/2021
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`Page 4
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` A P P E A R A N C E S
` (All participants appearing via Zoom)
`
` For the Petitioner:
` JASON R. MUDD, ESQ.
` ERISE IP, P.A.
` 7015 College Boulevard
` Suite 700
` Overland Park, Kansas 66211
` (913) 777-5600
` Jason.Mudd@eriseIP.com
`
` For the Patent Owner:
` JONATHAN S. CAPLAN, ESQ.
` JEFFREY H. PRICE, ESQ.
` JEROME MA, ESQ.
` Kramer, Levin, Naftalis & Frankel, LLP
` 1177 Avenue of the Americas
` New York, New York 10036
` (212) 715-9100
` jcaplan@kramerlevin.com
` jprice@kramerlevin.com
` jma@kramerlevin.com
`
` Also Present: RYAN GRAY, Video Technician
` Alaris Litigation Services
`
`Reported By:
`Connie McCarthy, RMR, CRR
`MO CCR #1435
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`ALARIS LITIGATION SERVICES
`Phone: 1.800.280.3376
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`Fax: 314.644.1334
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` LONG YANG, PhD 3/10/2021
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`Page 5
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`Wednesday, March 10, 2021 12:00 p.m.
`
` COURT REPORTER: I will now read a
`stipulation into the record.
` The attorneys participating in this
`deposition acknowledge that I am not physically
`present in the deposition room and that I will be
`reporting this deposition remotely.
` They further acknowledge that, in lieu of
`an oath administered in person, I will administer the
`oath remotely.
` The parties and their counsel consent to
`this arrangement and waive any objections to this
`manner of reporting.
` Please indicate your agreement by stating
`your name and your agreement on the record.
` MR. MUDD: Jason Mudd for petitioner,
`agreed.
` MR. CAPLAN: Jonathan Caplan for patent
`owner Bot M8 and the witness. I agree.
` COURT REPORTER: All right, Dr. Yang, could
`you raise your right hand, please?
` (Witness sworn)
`//
`//
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`ALARIS LITIGATION SERVICES
`Phone: 1.800.280.3376
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`Fax: 314.644.1334
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` LONG YANG, PhD 3/10/2021
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`Page 6
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` LONG YANG, PhD,
` called as a witness by the petitioner, having
` been duly sworn, testified as follows:
`
` EXAMINATION
`BY MR. MUDD:
` Q. Good morning, Dr. Yang.
` A. Good morning.
` Q. Can you state your name for the record and
`spell it, please?
` A. My name Long Yang. First name L-o-n-g;
`last name is Y-a-n-g.
` Q. Thank you. Have you been deposed before,
`Dr. Yang?
` A. No, this is my first time.
` Q. Since it's your first time, I'll be sure to
`go through some ground rules for you. I'll be asking
`questions and you'll provide answers to those
`questions. While we're doing that, we'll need to try
`our best, especially since we're appearing via video,
`that we don't speak over each other. So I'll do my
`best to wait for you to finish your answers before I
`ask my next question. And I'll ask you to wait to
`begin your answer until I finish my question so we
`don't talk over each other. Is that okay?
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`Fax: 314.644.1334
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` LONG YANG, PhD 3/10/2021
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`Page 7
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` A. Okay, thanks.
` Q. Okay. Your counsel may object to certain
`questions at times, but unless your counsel instructs
`you not to answer the question, you understand that
`you are to answer the question; is that right?
` A. Yes.
` Q. And will you let me know if you don't
`understand the question that I ask?
` A. Yes.
` Q. So if I ask a question and you answer, then
`I'll assume you've understood the question. Okay?
` A. Okay.
` Q. And you understand you're under oath today
`and it's the same oath you would take as if you were
`testifying in court?
` A. Yes.
` Q. Is there any reason today, such as any
`medications or otherwise, as to why you would not be
`able to answer accurately and truthfully today?
` A. No.
` Q. What did you do to prepare for today's
`deposition?
` MR. CAPLAN: Just to caution the witness,
`you can answer the question as long as you don't
`reveal any privileged communications.
`
`www.alaris.us
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`ALARIS LITIGATION SERVICES
`Phone: 1.800.280.3376
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`Fax: 314.644.1334
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` LONG YANG, PhD 3/10/2021
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`Page 8
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` THE WITNESS: Yeah, I -- can you repeat the
`question?
`BY MR. MUDD:
` Q. Yes. What did you do to prepare for
`today's deposition?
` A. What did I do? I review the document I had
`written, first.
` Q. What else did you do to prepare for today's
`deposition?
` A. What else? I talk to Mr. Caplan to help me
`understand what procedure of the deposition is today.
` Q. So did you do anything else to prepare for
`your deposition?
` MR. CAPLAN: Again, just caution the
`witness to answer as long as you don't reveal any
`privileged communications with counsel.
` THE WITNESS: I'd say no.
`BY MR. MUDD:
` Q. Did you have discussions with anyone other
`than Mr. Caplan to prepare for your deposition?
` A. Also had discuss with Mr. Jeff Price and
`Mr. Jerome Ma.
` Q. And were those discussions yesterday?
` A. Correct.
` Q. About how long did you spend in discussions
`
`www.alaris.us
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`ALARIS LITIGATION SERVICES
`Phone: 1.800.280.3376
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` LONG YANG, PhD 3/10/2021
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`with Mr. Caplan, Mr. Price and Mr. Ma?
` A. Four hours.
` Q. And I believe you said you reviewed a
`document that you wrote. Would that be your
`declaration?
` A. Correct.
` Q. Did you review documents other than your
`declaration in preparation?
` A. No.
` MR. CAPLAN: To the witness, do not answer
`to the extent it calls for any work product from
`discussions with counsel.
` THE WITNESS: The answer is no.
`BY MR. MUDD:
` Q. So you didn't review any prior art, for
`example, that's at issue in this proceeding?
` MR. CAPLAN: Object as to form.
` THE WITNESS: Depends what you say how
`long. Obviously when I wrote the declaration, i
`review all the prior art. For this deposition, I did
`not.
`BY MR. MUDD:
` Q. Were there any documents you reviewed in
`preparation for your deposition that have not
`previously been of record in this proceeding?
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`Fax: 314.644.1334
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` LONG YANG, PhD 3/10/2021
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`Page 10
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` A. No.
` MR. CAPLAN: I'll instruct the witness not
`to answer to the extent it calls for any discussions
`with counsel.
`BY MR. MUDD:
` Q. I believe you said your answer was no?
` A. No.
` Q. And you understand you're here today in
`connection with IPR 2020-00726 regarding U.S. Patent
`No. 8,112,670?
` A. Yes, correct.
` Q. And if you could refer to Exhibit 1001,
`which is U.S. Patent 8,112,670. And do you
`understand this patent to be the patent at issue in
`this proceeding?
` A. Yes.
` Q. I'll refer to this document as the '670
`patent. Is that okay?
` A. Okay.
` Q. Are you familiar with the '670 patent?
` A. Yes.
` Q. And you have reviewed this patent?
` A. Yes.
` Q. And have you studied the Claims 1 through 5
`at the end of this patent?
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`www.alaris.us
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`Phone: 1.800.280.3376
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` LONG YANG, PhD 3/10/2021
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`Page 11
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` MR. CAPLAN: Object as to form.
` THE WITNESS: Are you waiting for my
`answer?
`BY MR. MUDD:
` Q. Yes.
` A. Can you repeat the question?
` Q. Yes. Have you studied the Claims 1 through
`5 at the end of the '670 patent?
` A. Yes, I have.
` Q. If you could please refer to Exhibit 2041,
`the declaration of Dr. Long Yang in support of patent
`owner's response?
` A. Yes, I have.
` Q. And did you prepare this declaration?
` A. Yes.
` Q. Can you turn to Page 67? And I'll refer to
`the bold-faced page numbers in the bottom right since
`there are two page numbers on each page. So the
`bold-faced Page 67.
` Is that your signature on Page 67?
` A. Yes.
` Q. And have you been engaged by patent owner
`in this proceeding to provide certain opinions?
` A. No.
` Q. You have not been engaged by patent owner
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`in this proceeding?
` A. Can you explain what the engage means?
` Q. Did patent owner hire you to provide
`opinions in this proceeding?
` A. Yes.
` Q. And those include certain opinions
`regarding the validity of the '670 patent; is that
`right?
` A. Yes.
` Q. Does Exhibit 2041, your declaration,
`contain all of your opinions in this proceeding?
` A. Yes.
` Q. So there are not any other opinions other
`than what's in this declaration that you've performed
`in this proceeding; is that right?
` MR. CAPLAN: Objection as to form. You can
`answer.
` THE WITNESS: Can you repeat the question?
`BY MR. MUDD:
` Q. Yes. The question was: So there are not
`any other opinions beyond what you've written in
`Exhibit 2041 that you have formed in this proceeding?
` A. No.
` Q. If you could turn to Paragraph 4 of your
`declaration, which is on bold Page 6.
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`Fax: 314.644.1334
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` LONG YANG, PhD 3/10/2021
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`Page 13
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` A. Yes, I have that.
` Q. And in Paragraph 4 you state, I have been
`employed as a scientific adviser at Kramer, Levin,
`Naftalis & Frankel in Menlo Park, California since
`September of 2020; is that correct?
` A. Correct.
` Q. So you are employed by the law firm of
`Kramer, Levin; is that right?
` A. Correct.
` Q. Have you been employed by the Kramer, Levin
`law firm for the entire time you've been working on
`this matter?
` A. Yes.
` Q. And the Kramer, Levin law firm is the
`counsel of record for the patent owner in this
`proceeding, right?
` A. Yes.
` Q. So are you a full-time employee of patent
`owner's counsel in this proceeding?
` A. Yes.
` Q. And you're not employed by anyone else
`presently; is that right?
` A. Correct.
` Q. And your employment at the Kramer, Levin
`law firm is not limited to work on just this
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`proceeding, right?
` MR. CAPLAN: Object as to form.
` THE WITNESS: It's not.
`BY MR. MUDD:
` Q. So you work on other matters at the Kramer,
`Levin law firm besides just this matter, right?
` A. Yes.
` Q. If you could turn to Paragraph 8 of your
`declaration on bold-face Page 8. And you state, As
`an employee I am compensated with my regular salary.
` Is that correct?
` A. Correct.
` Q. So your compensation for your work on this
`matter came from your salary at Kramer, Levin; is
`that right?
` A. Correct.
` Q. What is your salary at the Kramer, Levin
`firm?
` A. 175,000 a year.
` Q. Is there a certain minimum number of hours
`per week you are expected to work?
` A. Yes.
` Q. How many hours is that?
` A. 35 billable hour -- not billable. 35
`hours.
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` LONG YANG, PhD 3/10/2021
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` Q. 75 hours per week?
` A. No, three-five. 35 hours per week.
` Q. 35 hours per week is your work expectation?
` A. Yes.
` Q. And do you know how many hours per year
`you're expected to work?
` A. I -- I need to do computation, I think.
`That's seven-hour working days in a year. I have to
`get a calculator to do this.
` Q. How many weeks per year are you expected to
`work?
` A. That will be three weeks, so will be 49
`weeks, and then have to, for the holidays. Holidays
`should be around 10 days. So 47 weeks times five
`times seven.
` Q. So 47 weeks times 35 hours would be your --
` A. Expectation.
` Q. Would be your annual hour expectation?
` A. Yes, I think so.
` Q. So if we do the math on that, that comes
`out to 1,645 hours per year. Is that your annual
`hours expectation at Kramer, Levin?
` MR. CAPLAN: Objection as to form. You can
`answer.
` THE WITNESS: Do I need to get my
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`Fax: 314.644.1334
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`Page 16
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`calculator to confirm this question? That is the
`arrangement, I think. But I never do this
`computation myself.
`BY MR. MUDD:
` Q. Understood. So that's an approximation of
`about how many hours per year you're expected to
`work?
` A. Correct.
` Q. Do you know about how many hours,
`approximately, have you spent working on this matter?
` A. I only can give you an estimate. I work
`around probably 50 to 70 hours.
` Q. And that includes all of your time spent up
`to today working on this matter; is that right?
` MR. CAPLAN: Objection as to form.
` THE WITNESS: No, that is the time I spent
`to draft this declaration.
`BY MR. MUDD:
` Q. And I think you said you spent about four
`hours preparing for the deposition; is that right?
` A. Yes. Yes, I did, yes.
` Q. So would a fair estimate be 54 to 74 hours,
`approximately, spent on this matter?
` MR. CAPLAN: Objection as to form.
`//
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`Phone: 1.800.280.3376
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`BY MR. MUDD:
` Q. To date?
` A. Please define matters. There are other
`conversation with other people. And -- but for this
`declaration, and -- I spent roughly that much time.
` Q. So if we add up the 50 to 70 hours on this
`declaration for this matter and the four hours spent
`for your deposition, is that all the time you have
`spent working on this matter?
` MR. CAPLAN: Objection as to form.
` THE WITNESS: Yes.
`BY MR. MUDD:
` Q. Are you eligible to receive raises in your
`salary at Kramer, Levin?
` MR. CAPLAN: Objection as to form.
` THE WITNESS: Yes.
`BY MR. MUDD:
` Q. Have you received any raises in your salary
`since you began your employment at Kramer, Levin?
` A. No.
` Q. Do you know at what point in time you would
`be eligible for a raise at Kramer, Levin?
` MR. CAPLAN: Objection as to form.
` THE WITNESS: I don't know.
`//
`
`www.alaris.us
`
`ALARIS LITIGATION SERVICES
`Phone: 1.800.280.3376
`
`Fax: 314.644.1334
`
`IPR2020-01288
`Sony EX1052 Page 17
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`
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` LONG YANG, PhD 3/10/2021
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`Page 18
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`BY MR. MUDD:
` Q. Do you know whether your potential raise
`would be determined at the end of each year?
` A. I don't know.
` MR. CAPLAN: Objection as to form.
` Just give me a chance to object. I'd
`appreciate it.
`BY MR. MUDD:
` Q. Do you know how raises are determined at
`Kramer, Levin?
` MR. CAPLAN: Objection as to form.
` THE WITNESS: I don't know.
`BY MR. MUDD:
` Q. Do you have the potential for receiving any
`additional compensation from the Kramer, Levin firm
`beyond your salary?
` MR. CAPLAN: Objection as to form.
` THE WITNESS: There is a bonus.
`BY MR. MUDD:
` Q. So you're eligible to receive a bonus at
`Kramer, Levin?
` A. Correct.
` Q. Have you received any bonuses since being
`employed at Kramer, Levin?
` A. Yes.
`
`www.alaris.us
`
`ALARIS LITIGATION SERVICES
`Phone: 1.800.280.3376
`
`Fax: 314.644.1334
`
`IPR2020-01288
`Sony EX1052 Page 18
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`
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` LONG YANG, PhD 3/10/2021
`
`Page 19
`
` Q. When did you receive a bonus?
` A. I don't remember exact time. That will be
`between -- that will be between January and February
`this year. I don't remember the time.
` Q. And how much was your bonus?
` A. I don't remember the exact number. But
`should be around $2,000.
` Q. Did you say around $2,000?
` A. Yes. I don't remember the exact number.
` Q. Was that bonus paid as a result of your
`work for Kramer, Levin?
` MR. CAPLAN: Objection as to form.
` THE WITNESS: Yes.
`BY MR. MUDD:
` Q. And that work would have also included work
`on this matter; is that right?
` A. Yes.
` Q. So your compensation for work on this
`matter includes both your salary and your bonus; is
`that right?
` MR. CAPLAN: Objection as to form.
` THE WITNESS: Yes.
`BY MR. MUDD:
` Q. So when you state in Paragraph 8 of your
`declaration, I received no other compensation for
`
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`www.alaris.us
`
`ALARIS LITIGATION SERVICES
`Phone: 1.800.280.3376
`
`Fax: 314.644.1334
`
`IPR2020-01288
`Sony EX1052 Page 19
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`
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` LONG YANG, PhD 3/10/2021
`
`Page 20
`
`work on this action, that statement wasn't exactly
`correct, right?
` MR. CAPLAN: Objection as to form.
` THE WITNESS: This is correct, because I
`did not receive any compensation on this action.
`This statement is correct.
`BY MR. MUDD:
` Q. This paragraph only refers to salary,
`right?
` A. But I cannot receive other compensation for
`work on this action.
` Q. You just said you received both a bonus and
`a salary, and that that included compensation for
`work on this action. So when you said you received
`no other compensation, that was incorrect, right?
` MR. CAPLAN: Objection -- objection as to
`form.
` THE WITNESS: I would say that this
`statement is correct. And if I want to change, I
`will say that I'm compensate my regular salary, and
`when I wrote this one, and this -- I did not even
`know of this bonus program in Kramer, Levin. And so
`this statement was correct, the statement was
`correct. Because I had no idea of this bonus.
`//
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`www.alaris.us
`
`ALARIS LITIGATION SERVICES
`Phone: 1.800.280.3376
`
`Fax: 314.644.1334
`
`IPR2020-01288
`Sony EX1052 Page 20
`
`
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` LONG YANG, PhD 3/10/2021
`
`Page 21
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`BY MR. MUDD:
` Q. So if you had a chance to update it now,
`would you say that you're compensated with your
`regular salary and your bonus?
` A. Yes, if I were to change that today, but I
`have written this agreement today, I will say I am
`compensated with my regular salary and bonus. But
`when I wrote this one, I did not receive -- I don't
`recall whether I have received the bonus or not. But
`I did not have that anticipation.
` Q. Understood.
` Do you have regular evaluations at the
`Kramer, Levin law firm where your work is evaluated?
` MR. CAPLAN: Objection as to form.
` THE WITNESS: Can you repeat that question?
`BY MR. MUDD:
` Q. Yes. Do you have regular evaluations at
`the Kramer, Levin firm where your work is evaluated?
` MR. CAPLAN: Same objection.
` THE WITNESS: The answer is, I anticipate
`that. Since I have been employed since September, I
`have not been evaluated so far.
`BY MR. MUDD:
` Q. So you anticipate having evaluations at
`Kramer, Levin, but you have not been evaluated yet?
`
`www.alaris.us
`
`ALARIS LITIGATION SERVICES
`Phone: 1.800.280.3376
`
`Fax: 314.644.1334
`
`IPR2020-01288
`Sony EX1052 Page 21
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`
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` LONG YANG, PhD 3/10/2021
`
`Page 22
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` A. Correct.
` Q. Do you know whether your work evaluations
`at Kramer, Levin affect either your -- affect either
`a potential raise or bonus?
` MR. CAPLAN: Objection as to form.
` THE WITNESS: Can you repeat that question,
`please?
`BY MR. MUDD:
` Q. Yes. Do you know whether your evaluations
`at Kramer, Levin impact either your potential raises
`or bonuses at Kramer, Levin?
` MR. CAPLAN: Same objection.
` THE WITNESS: Yes.
`BY MR. MUDD:
` Q. You anticipate that your evaluation will
`impact your potential raises or bonuses?
` A. Yes.
` Q. Besides your salary and bonus, is there any
`other compensation that you receive from the Kramer,
`Levin firm?
` MR. CAPLAN: Objection as to form.
` THE WITNESS: No.
`BY MR. MUDD:
` Q. Do you receive any employee benefits as an
`employee of the Kramer, Levin firm?
`
`www.alaris.us
`
`ALARIS LITIGATION SERVICES
`Phone: 1.800.280.3376
`
`Fax: 314.644.1334
`
`IPR2020-01288
`Sony EX1052 Page 22
`
`
`
` LONG YANG, PhD 3/10/2021
`
`Page 23
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` A. Correct.
` Q. What employee benefits do you receive?
` A. I receive medical insurance, dental
`insurance, and vision insurance. 401K. That's most
`of the -- but there are other -- this is majority of
`the benefit.
` Q. So you receive medical, dental, vision
`insurance, as well as 401K contributions from your
`employer; is that right?
` A. I don't believe that the company
`contribute. Just I can contribute to 401K.
` Q. Okay. Understood.
` Do you know if you were paid any bonus
`based on a minimum amount of billable hours being
`met?
` MR. CAPLAN: Objection as to form.
` THE WITNESS: Don't know.
`BY MR. MUDD:
` Q. And just to clarify on your 401K, you have
`an ability to contribute to a firm-sponsored 401K,
`but you don't receive contributions directly from the
`firm to your 401K; is that right?
` MR. CAPLAN: Objection as to form.
` THE WITNESS: I would say yes, but I --
`yeah, I do not -- the company does not contribute to
`
`www.alaris.us
`
`ALARIS LITIGATION SERVICES
`Phone: 1.800.280.3376
`
`Fax: 314.644.1334
`
`IPR2020-01288
`Sony EX1052 Page 23
`
`
`
` LONG YANG, PhD 3/10/2021
`
`Page 24
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`my 401K program.
`BY MR. MUDD:
` Q. Okay. Thank you.
` Dr. Yang, would you expect to be given a
`raise if your evaluation at the firm is favorable?
` A. I don't know.
` MR. CAPLAN: Objection as to form.
`BY MR. MUDD:
` Q. Would you expect your bonus to be favorably
`impacted if your evaluation is favorable at the firm?
` MR. CAPLAN: Objection as to form.
` THE WITNESS: I don't know.
`BY MR. MUDD:
` Q. Do you know, Dr. Yang, are you an at-will
`employee at the Kramer, Levin firm?
` A. What's that again?
` MR. CAPLAN: Objection as to form.
`BY MR. MUDD:
` Q. Are you an at-will employee of Kramer,
`Levin?
` A. Yes.
` Q. So your employment at the Kramer, Levin
`firm can be terminated without cause?
` MR. CAPLAN: Objection as to form.
` THE WITNESS: Yes, that is correct.
`
`www.alaris.us
`
`ALARIS LITIGATION SERVICES
`Phone: 1.800.280.3376
`
`Fax: 314.644.1334
`
`IPR2020-01288
`Sony EX1052 Page 24
`
`
`
` LONG YANG, PhD 3/10/2021
`
`Page 25
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`
`BY MR. MUDD:
` Q. Dr. Yang, you've also submitted a
`declaration in another IPR matter for the patent
`owner Bot M8; is that right?
` A. Right.
` Q. And that proceeding is IPR 2020-00922; is
`that right?
` A. Correct.
` Q. And that's regarding the '540 patent, U.S.
`Patent Number 8,078,540; is that right?
` A. Correct.
` Q. Besides that IPR matter and this current
`IPR preceding, have you been assigned to work on any
`other IPR matters for patent owner Bot M8?
` MR. CAPLAN: Objection as to form. You can
`go ahead and answer.
` THE WITNESS: No, not yet. But I
`anticipate another one. But I have not.
`BY MR. MUDD:
` Q. So you anticipate working on a third IPR
`matter for Bot M8, but you have not worked on it yet?
` A. Correct.
` Q. In your employment at Kramer, Levin, have
`you been assigned to work on other matters besides
`just matters for Bot M8?
`
`www.alaris.us
`
`ALARIS LITIGATION SERVICES
`Phone: 1.800.280.3376
`
`Fax: 314.644.1334
`
`IPR2020-01288
`Sony EX1052 Page 25
`
`
`
` LONG YANG, PhD 3/10/2021
`
`Page 26
`
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` MR. CAPLAN: I'm going to instruct the
`witness not to answer beyond the yes or no. Because
`this calls for work product beyond that.
` THE WITNESS: The answer is yes.
`BY MR. MUDD:
` Q. So the answer is yes, you have been
`assigned to work on other matters besides those for
`Bot M8?
` A. Yes.
` Q. When you were asked to submit a declaration
`for Bot M8 in this proceeding, were you concerned
`about keeping your job at the Kramer, Levin law firm?
` MR. CAPLAN: Objection as to form.
` THE WITNESS: No.
`BY MR. MUDD:
` Q. Do you believe it would have harmed your
`employment status at the Kramer, Levin law firm if
`you had refused to submit a declaration in this
`proceeding?
` A. No.
` MR. CAPLAN: Objection as to form.
` THE WITNESS: The answer is no.
`BY MR. MUDD:
` Q. You want to stay employed at the Kramer,
`Levin firm, right?
`
`www.alaris.us
`
`ALARIS LITIGATION SERVICES
`Phone: 1.800.280.3376
`
`Fax: 314.644.1334
`
`IPR2020-01288
`Sony EX1052 Page 26
`
`
`
` LONG YANG, PhD 3/10/2021
`
`Page 27
`
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` MR. CAPLAN: Objection as to form.
` THE WITNESS: Can you repeat that question?
`BY MR. MUDD:
` Q. Yes. Do you want to stay employed at the
`Kramer, Levin law firm.
` MR. CAPLAN: Same objection.
` THE WITNESS: Can you define "want"?
`BY MR. MUDD:
` Q. Are you hoping to stay employed at the
`Kramer, Levin law firm?
` MR. CAPLAN: Same objection.
` THE WITNESS: Yes, I hope.
`BY MR. MUDD:
` Q. If you had felt that the '670 patent was
`invalid based on the petition in this proceeding,
`would you have refused to serve as a declarant for
`patent owner Bot M8?
` MR. CAPLAN: Objection as to form.
` THE WITNESS: Can you repeat the question?
`BY MR. MUDD:
` Q. Yes. If your opinion was that the '670
`patent was invalid based on the petition in this
`proceeding, would you have refused to serve as a
`declarant for patent owner Bot M8 in this proceeding?
` MR. CAPLAN: Same objection.
`
`www.alaris.us
`
`ALARIS LITIGATION SERVICES
`Phone: 1.800.280.3376
`
`Fax: 314.644.1334
`
`IPR2020-01288
`Sony EX1052 Page 27
`
`
`
` LONG YANG, PhD 3/10/2021
`
`Page 28
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` THE WITNESS: Would I refuse? And this is
`a difficult, logical question. Yeah, I would have
`refused.
`BY MR. MUDD:
` Q. Do you believe your employer would have
`been disappointed if you refused to submit a
`declaration in this proceeding?
` MR. CAPLAN: Objection as to form.
` THE WITNESS: I don't know.
`BY MR. MUDD:
` Q. Did you feel like the choice was up to you
`as to whether or not you decided to submit a
`declaration in this proceeding?
` MR. CAPLAN: Objection as to form.
` THE WITNESS: Can you explain the question
`again? It's by choice. I wrote a document, I put my
`signature on it. That means this is my opinion. And
`the only choice I have is I speak the truth, my
`opinion. Does that answer your question?
`BY MR. MUDD:
` Q. So it was your choice to submit the
`declaration, you're saying; is that right?
` A. It's my choice to submit the declaration,
`because it reflects my opinions.
` Q. And your employer didn't require you to
`
`www.alaris.us
`
`ALARIS LITIGATION SERVICES
`Phone: 1.800.280.3376
`
`Fax: 314.644.1334
`
`IPR2020-01288
`Sony EX1052 Page 28
`
`
`
` LONG YANG, PhD 3/10/2021
`
`Page 29
`
`submit that declaration?
` MR. CAPLAN: Objection as to form.
` THE WITNESS: That's their decision. I
`don't know what they would do.
`BY MR. MUDD:
` Q. Were you concerned that you could lose your
`job at Kramer, Levin if you did not submit the
`declaration?
` A. Absolutely no.
` MR. CAPLAN: Objection as to form.
`BY THE WITNESS:
` Q. Sorry, what was your answer?
` A. No, I'm not concerned.
` Q. Were you concerned about any impact on your
`salary or bonus at Kramer, Levin if you refused to
`submit a declaration in this proceeding?
` MR. CAPLAN: Objection as to form.
` THE WITNESS: No, I'm not concerned.
`BY MR. MUDD:
` Q. And why not?
` A. I'm financially well off -- I mean, funded.
` Q. So would you have resigned from the Kramer,
`Levin firm if they required you to submit a
`declaration that you did not want to submit?
` MR. CAPLAN: Objection as to form.
`
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`www.alaris.us
`
`ALARIS LITIGATION SERVICES
`Phone: 1.800.280.3376
`
`Fax: 314.644.1334
`
`IPR2020-01288
`Sony EX1052 Page 29
`
`
`
` LONG YANG, PhD 3/10/2021
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`Page 30
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` THE WITNESS: Would you please answer --
`repeat the question?
`BY MR. MUDD:
` Q. So would you have resigned from the Kramer,
`Levin firm if they required you to submit a
`declaration that you did not want to submit?
` MR. CAPLAN: Objection as t
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