`
`Transcript of Peter Crosby
`
`Date: April 1, 2025
`Case: EndyMed Medical Ltd., et al. -v- Serendia, LLC (PTAB)
`
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`WORLDWIDE COURT REPORTING & LITIGATION TECHNOLOGY
`
`EndyMed Ex. 1031 Page 1 of 306
`EndyMed v. Serendia
`IPR2024-00383
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` UNITED STATES PATENT AND TRADEMARK OFFICE
` __________________
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
` __________________
` ENDYMED MEDICAL LTD. and ENDYMED MEDICAL LTD.,
` Petitioner,
` v.
` SERENDIA, LLC,
` Patent Owner.
` _______________________
` Case IPR2024-00383; -00384; -00463
` U.S. Patent Nos. 9,775,774, 9,320,536, 10,869,812
` _______________________
` Deposition of PETER CROSBY
` Conducted virtually via Zoom
` Tuesday, April 1, 2025-10:10 a.m. CST
`
`Job No.: 576873
`Pages: 1 - 261
`Reported by: THERESA A. VORKAPIC,
` CSR, RMR, CRR, RPR
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`Transcript of Peter Crosby
`Conducted on April 1, 2025
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`2
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` Deposition of Peter Crosby, conducted
`virtually via Zoom, pursuant to notice before
`Theresa A. Vorkapic, a Certified Shorthand
`Reporter, Registered Merit Reporter, Certified
`Realtime Reporter, Registered Professional
`Reporter and a Notary Public in and for the State
`of Illinois.
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`Conducted on April 1, 2025
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`3
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` A P P E A R A N C E S
`ON BEHALF OF THE PETITIONER:
` KYLE AUTERI, ESQUIRE
` PEARL COHEN ZEDEK LATZER BARATZ, LLP
` Times Square Tower
` 7 Times Square
` 19th Floor
` New York, New York 10036
` 646-878-0800
`
`ON BEHALF OF THE PATENT OWNERS:
` CECILIA PENIZA, ESQUIRE
` LATHAM & WATKINS LLP
` 555 Eleventh Street, NW
` Suite 1000
` Washington, DC, 20004
` 202-637-2200
`
`ALSO PRESENT:
` Milo Eadan, Senior Patent Agent, US STEM
` Practice Group, Pearl Cohen
` Peyton Abrams, Remote Tech, Planet Depos
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`4
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` C O N T E N T S
`EXAMINATION OF PETER CROSBY PAGE
` Examination By Mr. AUTERI 6
` Examination By Ms. Peniza 245
`
` E X H I B I T S
` (Attached to transcript.)
`CROSBY DEPOSITION EXHIBITS PAGE
` Exhibit 1 Crosby Declaration-Public 9
` Version-Redacted
` Exhibit 2 US Patent 9,775,774 13
` Exhibit 3 2024-00383-Ex.1004-MEHTA 43
` Exhibit 4 Complainant's Public 121
` Interest Statement ITC
` Exhibit 5 PiXel8 RF-Microneedling 124
` Exhibit 6 No. 337-TA-1356 9/4/23 127
` transcript
` Exhibit 7 Public Version 129
` RX1506-Appendix 6
` Exhibit 8 US Patent 9,320,536 139
` Exhibit 9 IPR 2024-00463-Ex.100-812 156
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`5
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` I N D E X (Continued)
` Exhibit 10 WO 2010/016848 177
` Exhibit 11 Crosby Declaration in 190
` Support of PO's Response
` Exhibit 12 WO 2008/005477 195
` Exhibit 13 IPR 2024-00384-Petition 234
` Exhibit 14 IPR2024-00384-Public Ex. 236
` 2147 - Crosby Dec ISO POR
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`Transcript of Peter Crosby
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`6
`
` P R O C E E D I N G S
` THE REPORTER: Would you raise your right
`hand, please.
` (The witness was duly sworn.)
` PETER CROSBY,
`called as a witness herein, having been first duly
`sworn, was examined and testified as follows:
` EXAMINATION
`BY MR. AUTERI:
` Q You're on the West Coast, this is good
`morning for you, Mr. Crosby.
` A Good morning. Mr. Auteri, I can barely
`hear you. I'm sorry. Can we turn the volume up
`slightly or can you get closer to your mic?
` Q Is that on my part or I guess --
` A That's better, thank you.
` Q Okay. Good.
` How are you doing today?
` A How am I what, sorry?
` Q How are you doing today?
` A Oh, I'm doing fine, thank you.
` Q And you understand this deposition is for
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`Transcript of Peter Crosby
`Conducted on April 1, 2025
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`7
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`inter partes review proceedings for US Patent
`Numbers 9,775,774, 9,320,536 and 10,789,812?
` A Yes, I do.
` Q If I refer to the '774 patent, will you
`understand I'm referring to US Patent
`No. 9,775,774?
` A Yes.
` Q And similarly, for the US 9,320,536, can
`we refer to that as the '536 patent?
` A Yes.
` Q And then for US Patent 10,789,812, can we
`refer to that as the '812 patent?
` A Yes.
` Q And you don't have to. I'm just making
`sure it's clear.
` Is there any reason you cannot testify
`truthfully today?
` A No.
` Q Where are you located today?
` A I'm in the office of Latham & Watkins in
`Costa Mesa, Southern California.
` Q Is there anyone else there with you
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`8
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`besides Cecilia, Ms. Peniza?
` A The only one here is Counselor Peniza.
` Q Okay. Other than via Zoom, are you
`communicating with anyone in the room or remotely
`or any other way?
` A No.
` Q And you previously testified regarding
`invalidity issues for the '774, '536 and '812
`patents?
` A I didn't hear quite the start of that
`question.
` Q I can start it over.
` A Can you repeat it, please?
` Q You previously testified regarding
`invalidity issues for the '774, '536 and '812
`patents; is that correct?
` A Yes, I was part of the ITC proceedings if
`that's what you're referring to.
` Q Yes. And ITC just for the record is
`International Trade Commission; is that correct?
` A It's my understanding, yes.
` Q And you also previously testified in the
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`9
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`International Trade Commission investigation
`regarding alleged infringement of the '774, '536
`and '812 patents?
` A Yes.
` Q And that was the same International Trade
`Commission investigation, correct?
` A I'm sorry, it seems like you're swallowing
`your words. That was the thing what?
` Q That was the same International Trade
`Commission investigation that you testified about
`invalidity in; is that correct?
` A Yes.
` MR. AUTERI: All right. I'd like to mark
`the first exhibit. Let's use -- there should be a
`document that I uploaded called IPR
`2024-00383-PublicEX.2147-Crosby POR declaration.
` AV TECH ABRAMS: I have that. Give me one
`moment and I'll put it in the chat.
` (A certain document was marked
` Crosby Deposition Exhibit 1 for
` identification, as of 04/01/2025.)
` MR. AUTERI: We'll wait until that is
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`10
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`available to Mr. Crosby.
` AV TECH ABRAMS: I'm dropping it in the
`chat now.
`BY MR. AUTERI:
` Q For housekeeping purposes, you should be
`able to download it.
` A I have the document open.
` Q So what we have is just marked as Crosby
`Deposition Exhibit 1 is your declaration in
`support of the patent owner's response for IPR No.
`IPR 2024-00383; is that correct?
` A Yes, public version redacted.
` Q I see. This is the public version.
` And this is your declaration that relates
`to the '774; is that correct?
` A Yes, the redacted version.
` Q And then in regards to the '774 patent,
`you provided opinions regarding Claims 13 and 14;
`is that correct?
` A Yes.
` Q And you can look at your expert report as
`needed, but in both Claims 13 and 14 require the
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`11
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`needles to be extendable a desired distance; is
`that correct?
` A Where are you referring to in my report so
`I can refresh?
` Q You can look at Paragraph 95 if that
`helps. I think that's on Page 50 of the...
` A Is it possible to get a hard copy of this?
`It makes it easier than just scrolling through a
`screen.
` MS. PENIZA: Counselor, we have a hard
`copy here if it's okay with you for Mr. Crosby to
`use.
` MR. AUTERI: I have no problem if you have
`hard copies of his declaration, any of the IPR
`exhibits I pull up, he doesn't have to use the
`exact ones we uploaded. So whatever is easiest
`for him.
` MS. PENIZA: Thank you, Counselor.
` THE WITNESS: Thank you.
`BY THE WITNESS:
` A This is a slightly different version
`because it's the confidential version.
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`12
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`BY MR. AUTERI:
` Q I think the pages should match up and
`whatnot. And I'm not planning on -- I think the
`only difference is there's redactions, but I'm not
`going to talk about those paragraphs so I think
`for now it should be fine.
` So if you'd look at Page 50, do you see on
`Paragraph 95, seven lines down, you discuss it
`more, but take your time and read it.
` A Yes, I've read the paragraph.
` Q Okay. And so I'll just repeat. And both
`Claims 13 and 14 of the '774 patent require the
`needles to be extendable a desired distance; is
`that correct?
` MS. PENIZA: Objection. Form.
` (Discussion off the record.)
`BY THE WITNESS:
` A This is a discussion of the patents. I
`would like to read the actual claims so I can
`answer your question.
` MR. AUTERI: I'll mark another exhibit
`then. Just give me one second. Let's mark as
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`13
`
`Exhibit 2 the document with the file name
`IPR 2024-00383-EX.1001-774 patent. Let me know if
`you have trouble finding that.
` AV TECH ABRAMS: I believe I have it.
`Give me one moment to mark that. All right.
`Putting it in the chat now.
` (A certain document was marked Crosby
` Deposition Exhibit 2 for identification,
` as of 04/01/2025.)
`BY THE WITNESS:
` A Okay, I have it. This is the '774 patent.
`BY MR. AUTERI:
` Q For housekeeping purposes, this is what we
`have marked as Crosby Deposition Exhibit 2 is
`US Patent No. 9,775,774. It is also Exhibit 1001
`to IPR No. 2024-00383. That's just for the
`record.
` And so, Mr. Crosby, feel free to look at
`the claims as needed and let me know if I need to
`repeat my question.
` A Yes, I've read Claims 13 and 14. Would
`you repeat the question, please?
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`14
`
` Q Sure.
` So both Claims 13 and 14 require
`extendable needles to extend a desired distance
`from the end surface; is that correct?
` A Yes, both claims say a plurality -- excuse
`me. Claim 13 refers to a plurality of the
`extendable needles to extend a desired distance
`from the end surface, and Claim 14 has the same
`wording, yes.
` Q So Claims 13 and 14 both depend from
`independent Claim 11 of the '774 patent; is that
`correct?
` A It depended on Claim 11, yes.
` Q So you agree that Claims 13 and 14 of the
`'774 patent would include all the limitations --
` A I'm sorry, sir. I'm having great
`difficulty understanding you. Could you repeat it
`a bit more clearly for me?
` Q Sure. Sorry about that.
` Because Claims 13 and 14 of the '774
`patent depend from Claim 11, Claims 13 and 14
`would include all the limitations required from
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`15
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`Claim 11; is that correct?
` A That's my understanding, yes.
` Q And Claim 11 is broader than Claims 13 and
`14, correct?
` MS. PENIZA: Objection. Form.
`BY THE WITNESS:
` A Claim 11 is what it is, and Claim 13 and
`14 add additional limitations to Claim 11.
`BY MR. AUTERI:
` Q Claim 11 is broad enough to cover either
`extending or extendable needles; is that correct?
` A That's what Claim 11 says, yes.
` MR. AUTERI: If we can go back to Crosby
`Deposition Exhibit 1, his declaration for the '774
`patent.
`BY MR. AUTERI:
` Q Mr. Crosby, do you still have your
`declaration for the '774 patent available?
` A I do.
` Q Can we go to Page 37 and look at
`Paragraph 76. Or I guess we could start with 75.
` In the ITC case that you are involved in,
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`16
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`the parties agreed to a claim construction for
`extendable and extending needles; is that correct?
` A Yes, that's what it says in Paragraph 75.
` Q And then --
` A Excuse me just a second. Paragraph 75
`says the parties agreed, it doesn't say that it's
`in the ITC case, but that's my understanding.
` Q Okay. That's fine.
` In Paragraph 76, you state: "The
`petitioner's expert opined that under that
`construction extending needles cover needles that
`are fixed and non-extendable relative to the
`surface as depicted, for example, in Figures 2A
`through 2D of the '774 patent and extendable
`needles cover needles that are extendable relative
`to the surface depicted, for example, in Figures
`9C through 9B and 10B through 10E of the '774
`patent."
` And my question is: You state that you
`agree with that opinion; is that correct?
` A That's correct.
` Q Can we switch back to Crosby Deposition
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`17
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`Exhibit 2, the '774 patent itself. Let's look at
`those figures.
` A Which figure do you want to look at?
` Q So let's start with 2A through 2D. I
`think let's start with Figure 2B since it has more
`markings on it. Yeah, let's move to Figure 2B of
`the '774 patent.
` Okay. So Figures 2A through 2D all show a
`device -- let's just back up.
` Figure 2B shows a device labeled 320; is
`that correct?
` MS. PENIZA: Objection to the extent it
`mischaracterizes the document.
`BY THE WITNESS:
` A Actually, Figure 2B, what are you saying
`the label is?
`BY MR. AUTERI:
` Q Do you see an underlined 320?
` A Oh, yes, 320. It's on the side of my
`screen.
` Q Yes, I guess I'm assuming 320 refers to
`the entire device shown in Figure 2B?
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`18
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` A Understood, yes.
` Q And then it has various reference numerals
`to refer to specific parts of the device, correct?
` A Yes.
` Q So the device has a handle 330; is that
`correct?
` A Does it -- I'm having real difficulty.
`Does the device have a handle what?
` Q Marked 330, 3-3-0?
` A I see a handle, I see 330. I would have
`to refer to the description to verify that 330
`matches the handle.
` Q Give me one second, please. If we go to
`Column 3, the paragraph that starts on
`Paragraph 38?
` A Just a moment. I'm finding it.
`Column 30?
` Q Three. Sorry. Column 3, Line 38.
` MS. PENIZA: Kyle, for some reason your
`audio just comes out really muffled so that's why
`it's hard to understand sometimes.
` AV TECH ABRAMS: Do we want to go off the
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`19
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`record and see if we can...?
` MR. AUTERI: Let's go off the record and
`see if we can make this better.
` (A recess was had.)
`BY MR. AUTERI:
` Q Mr. Crosby, can you hear me better?
` A Yes, thank you.
` Q Okay. Great. Can we go back off the
`record because now without my headphones I can't
`hear Mr. Crosby very well. Sorry.
` (Discussion off the record.)
`BY MR. AUTERI:
` Q Mr. Crosby, can you take a look at
`Column 3 of the '774 patent, specifically the
`paragraph beginning on Line 38.
` A I see it.
` Q Okay. And this refers to the device 320
`as an acupuncture apparatus?
` A Yes, on about Line 44, 45.
` Q And around Line 48, do you see handle 330?
` A Yes, I see that.
` Q So if we go back to Figure 2B?
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`20
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` A Would it be possible to get a hard copy of
`this? It's much easier to flip through pages in a
`hard copy than trying to --
` Q If you have one by any chance, I have no
`problem with you using a hard copy version of this
`patent.
` MS. PENIZA: Counsel, we do have a hard
`copy of the '774 patent. I'll go ahead and hand
`that to Mr. Crosby.
` MR. AUTERI: Perfect. That should be
`easier.
`BY THE WITNESS:
` A I'm sorry. Your question, you're
`referring to...?
`BY MR. AUTERI:
` Q Sorry, if we go back to Figure 2B, the
`part marked 330 of the handle, correct?
` A Yes, it's called a handle 330.
` Q And then a little bit below there is a
`reference numeral marked 351. Those are needles,
`correct?
` A Well, in the description they're described
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`21
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`as pins, 351.
` Q Are the pins needles?
` A They may be.
` Q So are you saying Figure 2B doesn't show
`needles?
` A That's not what I said. You asked me if
`the numeral 351 refers to needles. The numeral
`351 refers to pins.
` Q Right, and I'm asking are the pins
`needles?
` A They may be.
` Q You said that Figures 2A through 2B show
`needles that are fixed and non-extending relative
`to the surface.
` Can you point me to where the needles are
`in Figure 2B?
` MS. PENIZA: Objection. Mischaracterizes
`his testimony.
`BY THE WITNESS:
` A What was your question to which I gave
`that answer?
`BY MR. AUTERI:
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` Q Okay. Let's go back to your declaration
`for the '774 patent and go back to Paragraph 76.
` You opine -- sorry, are you there?
` A Yes.
` Q You opined that Figures 2A through 2B --
`well, let's back up.
` You said, "Petitioner's expert opined that
`under that construction extending needles cover
`needles that are fixed and non-extendable relative
`to the surface as depicted, for example, in
`Figures 2A through 2B of the '774 patent."
` And earlier you stated you would agree
`with that statement; is that correct?
` A That's correct.
` Q Okay. So if we go back to Figure 2B of
`the '774 patent, do you agree that Figure 2B shows
`extending needles?
` A Yes, Figure 2D what is labeled as pins in
`the patent 351 were covered that definition of the
`claim construction of extending needles that are
`fixed and non-extendable relative to a surface.
` Q Okay. And the needles 351 are attached to
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`a surface; is that correct?
` A Did you say extend --
` THE WITNESS: I beg your pardon.
` MS. PENIZA: Objection to form.
`BY MR. AUTERI:
` Q Needles marked 351 -- sorry. Let's back
`up.
` The needles in Figure 2B are attached to a
`surface; is that correct?
` MS. PENIZA: Objection. Form.
`BY THE WITNESS:
` A I have to look at the --
`BY MR. AUTERI:
` Q Feel free to look at the description if
`needed.
` A Yes, that's what I was about to say. It
`appears to be, but I have to look at the
`description to be sure. Just give me a moment.
` You said Column 3 I think thereabouts,
`right?
`BY MR. AUTERI:
` Q Column 3 I think is where it starts
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`talking about the Figure 2A through 2B. So if it
`helps, we can go back to your expert report,
`whatever is easiest.
` A The needles extend from a surface, yes.
`It's not clear from the description that they are
`fixed to that surface if that was your question,
`but they certainly extend from that surface.
` Q They extend from the surface, okay.
` Are they attached to the surface?
` A It's not clear that they are attached to
`the surface, but they could be.
` Q The needles don't just float in space,
`though, right?
` MS. PENIZA: Objection. Form.
`BY THE WITNESS:
` A No, they don't just float in space.
`BY MR. AUTERI:
` Q They are attached to something on the
`device, correct?
` A Well, I'm not trying to be picky, but I
`don't quite sure what you mean by "attached." Are
`they screwed in or soldered or welded or bolted,
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`or --
` Q Whatever your broadest understanding of
`"attached" is. Are they attached to a surface?
` A They appear to be attached to a surface,
`yes.
` Q Okay. And the needles have a Length A?
` A Yes.
` Q So Length A is also the distance the
`needles extend from the surface; is that correct?
` MS. PENIZA: Objection. Form.
`BY THE WITNESS:
` A Looking at the figure, it looks like the
`Dimension A is not the entire length of the
`needle.
`BY MR. AUTERI:
` Q Let's look at Column 3.
` A Yes.
` Q Line 49, if you could read that sentence.
` A Yes, the pins 351 may have a Length A.
` Q Okay. So A is the length of the pins,
`correct?
` A That's the length of the pin, it's not
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`necessarily the length that it extends from a
`surface.
` Q So you agree that the length is A and you
`say the distance it extends from the surface is
`different from A?
` MS. PENIZA: Objection. Form.
`BY THE WITNESS:
` A If you look at the Figure 2B -- and it's
`small -- but the Dimension A appears to be the
`distance that a pin extends from a surface which
`is not the same as the length of the pin.
` There is a line -- a horizontal line at
`the top dimension bar of Figure A and there is a
`dimension bar at the bottom of the pin. So that's
`what I'm saying. The Length A is not necessarily
`the same as the length or the distance that those
`pins extend from a surface.
`BY MR. AUTERI:
` Q Okay. But to confirm the length of the
`needles A doesn't change in these embodiments; is
`that correct?
` A The length of the needles does not change,
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`yes, that's correct.
` Q And do you agree that the distance that
`the needle extends from the surface, whatever
`surface that may be, doesn't change?
` A It doesn't appear to change. I can't see
`language in the patent that says there's changes,
`that's correct.
` Q And so the length that the needles extend
`from the surface would be the desired distance in
`this figure; is that correct?
` MS. PENIZA: Objection. Form.
`BY THE WITNESS:
` A I'm not sure how you make that connection.
`I don't think it refers to a desired distance with
`the description of Figure 2A. Can you point me to
`where it says that?
`BY MR. AUTERI:
` Q Well, let's go back to Claim 11 of the
`'774 patent. We talked about earlier Claim 11
`covers both extending and extendable needles; is
`that correct?
` A Yes, that's correct.
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` Q Whether or not they're extending or
`extendable needles, the needles need to extend a
`desired distance from the surface; is that
`correct?
` A Yes, the claim says: "A device including
`a plurality of needles, one of extending or
`extendable a desired distance from a surface."
` Yes.
` Q Right. And so I'm just trying to get an
`idea of what desired distance for extending
`needles might look like. And so we have discussed
`earlier that you agree that Figures 2A to 2D of
`'774 show extending needles; is that correct?
` A Well, that's one embodiment of extending
`needles, yes.
` Q One embodiment. And I was trying to use
`that figure to discuss what the desired distance
`for extending needles is.
` Do you not feel comfortable using Figures
`2A through 2D to discuss the desired distance if
`it's not labeled in the drawings?
` A Well, there are other figures that show
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`fixed needles, and so -- because I don't think the
`patent description refers to desired distance in
`the context of extending needles. I'm not
`comfortable with what you're proposing, no.
` Q But, Mr. Crosby, Claim 11 you agree refers
`to extending needles and those needles need to
`extend a desired distance in Claim 11; is that
`correct?
` MS. PENIZA: Objection. Form.
`BY THE WITNESS:
` A Well, it's one of extending or extendable
`a desired distance.
`BY MR. AUTERI:
` Q So it would be one of needles extending a
`desired distance and needles extendable a desired
`distance. Do you read the claim to cover that?
` MS. PENIZA: Object to form.
`BY THE WITNESS:
` A I haven't thought of it from that
`perspective before, but reading the claim language
`it says: "A plurality of needles one of extending
`or extendable a desired distance from a surface."
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`BY MR. AUTERI:
` Q Right. And it says the needles either
`need to be extending or extendable a desired
`distance, so doesn't desired distance apply to
`both extending and extendable needles?
` MS. PENIZA: Objection to the extent it
`mischaracterizes the document.
`BY THE WITNESS:
` A I'm not sure that's right. It says the
`needles are extending or extendable a desired
`distance from a surface.
`BY MR. AUTERI:
` Q Right, extending or extendable a desired
`distance from the surface, either it's extending a
`desired distance from the surface or extendable a
`desired distance from the surface. You don't --
`you don't read it that way?
` A I don't read it that way, no.
` Q What makes you certain that the claim
`doesn't require the extending needles -- sorry.
` What makes you certain that the claim
`doesn't require the extending needles to be
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`extending a desired distance from the surface?
` MS. PENIZA: Objection. Form.
`Mischaracterizes the document.
`BY THE WITNESS:
` A Well, the claims at issue in this IPR I
`think are Claims 13 and 14, and 13 and 14 both
`refer to a plurality of extendable needles to
`extend a desired distance from the surface. And
`so Claim 11 refers to extendable -- let me just
`read it again.
` Claim 11, "... a plurality of needles one
`of extending or extendable a desired distance from
`a surface," and "extendable a desired distance
`from a surface" is the same language that's in
`Claims 13 and 14.
`BY MR. AUTERI:
` Q Right, Claims 13 and 14 narrow Claim 11,
`further narrow Claim 11; is that correct?
` A Yes.
` Q Claim 11 is broader than Claims 13 and 14,
`correct?
` A Yes, Claim 11 allows extending needles or
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`extendable needles that extend a desired distance.
` Q Right. But it says, "...extending or
`extendable a desired distance," so doesn't it need
`to be extending a desired distance or extendable a
`desired distance?
` A Well, I'm trying to remember if there's
`any language in the description of '774 and I just
`can't remember, maybe you can point to it, where
`it uses the term desired distance in the context
`of fixed extending needles.
` Q But you understand in the context of
`English, desired distance could just as easily
`modify both extending or extendable needles,
`correct?
` MS. PENIZA: Objection. Form.
`BY THE WITNESS:
` A That's a possibility. That's how I read
`it. I read it as: "...a plurality of needles one
`of extending or extendable a desired distance from
`a surface."
`BY MR. AUTERI:
` Q Right. So extending or extendable a
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`desired distance, it either means extending -- let
`me just strike that.
` Let's go back to your declaration for the
`'774 patent and look at Paragraph 75.
` MR. AUTERI: Can we go off the record for
`a second?
` MS. PENIZA: Sure.
` (Discussion off the record.)
` MR. AUTERI: Are we back on the record?
` THE REPORTER: We're back on.
` MR. AUTERI: Sorry for that interruption.
`BY MR. AUTERI:
` Q Can we go back to Paragraph 75 of your
`declaration for the '774 patent? Sorry.
` AV TECH ABRAMS: I don't think we have...
` MR. AUTERI: This is Crosby Deposition
`Exhibit 1.
` AV TECH ABRAMS: No, no, I don't think
`Mr. Crosby is at the computer there.
` MR. AUTERI: I'm sorry. Sorry about that.
` THE REPORTER: I'll take us off again.
` MR. AUTERI: Yeah, let's go off. Sorry, I
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`should have asked Mr. Crosby if he needed a break.
` (A recess was h
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