Apple Computer Inc. v. Burst.com, Inc.

Filing 116

Declaration of Leeron Kalay in Support of 115 Reply Memorandum In Support of Motion for Summary Judgment of Invalidity filed byApple Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Related document(s) 115 ) (Brown, Nicholas) (Filed on 6/21/2007)

Apple Computer Inc. v. Burst.com, Inc.

Doc. 116 Att. 2

Case 3:06-cv-00019-MHP

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Exh. B

Dockets.Justia.com

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PAGES 1 - 125 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA BEFORE THE HONORABLE MARILYN HALL PATEL, JUDGE APPLE COMPUTER, PLAINTIFF,
) ) ) )

vs .
BURST.COM. DEFENDANT.

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) )

NO. C 06-0019 MHP

SAN FRANCISCO, CALIFORNIA THURSDAY, FEBRUARY 1, 2007
TRANSCRIPT OF PROCEEDINGS APPEARANCES :

FOR PLAINTIFF: BY:

WEIL, GOTSHAL & MANGES 201 REDWOOD SHORES PARKWAY REDWOOD SHORES, CA 94065 MATTHEW D. POWERS GARLAND T. STEPHENS NICHOLAS A. BROWN ATTORNEYS AT LAW SUSMAN GODFREY LLP 1201 THIRD AVENUE SEATTLE, WASHINGTON PARKER C. FOLSE I11 IAN B. CROSBY FLOYD G. SHORT ATTORNEYS AT LAW

FOR DEFENDANT : BY:

98101

(APPEARANCES CONTINUED ON FOLLOWING PAGE)

REPORTED BY:

JAMES YEOMANS, CSR #4039, RPR OFFICIAL REPORTER COMPUTERIZED TRANSCRIPTION BY ECLIPSE

JAMES YEOMANS - OFFICIAL REPORTER - [phone]

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APPEARANCES :

(CONTINUED)

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FOR DEFENDANT:

BY:

HEIMPAYNE CHORUSH 6710 CHASE TOWER 600 TRAVIS HOUSTON, TEXAS 77002 MICHAEL F. HEIM LESLIE V. PAYNE ATTORNEYS AT LAW

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OR VIEW COMPRESSED VIDEO OR FOR THAT MATTER COMPRESSED IMAGES WE HAVE TO DECOMPRESS IT FIRST, UNPACK THE BITS, THEN REARRANGE THEM INTO A SONG OR VIDEO. NOW, COMPRESSION IS SOMETIMES REFERRED TO AS ENCODING OR CODING. NOW, THESE ARE VERY GENERAL WORDS IN SIGNAL

PROCESSING AND THEY'RE USED TO DESCRIBE MANY DIFFERENT FUNCTIONS. IN THIS CASE YOU WILL SEE ME THROUGHOUT THE TUTORIAL USING THEM, ENCODING AND CODING, I'M USING THEM AS SYNONYMS FOR COMPRESSION.
SO HERE I'VE GIVEN THE WHOLE END-TO-END BLOCK DIAGRAM

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FOR COMPRESSION OPERATION.

WE START OFF WITH OUR ORIGINAL

SOURCE FILES, SO THIS COULD BE OUR DIGITIZED AUDIO OR DIGITIZED VIDEO AND IT'S INPUT TO A COMPRESSOR, THIS IS GOING TO REDUCE THE NUMBER OF BITS OR THE FILE SIZE REQUIRED TO REPRESENT THE SOURCE INFORMATION.
SO HERE IN THE MIDDLE WE CALL THIS THE COMPRESSED

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FILE.

YOU CAN SEE I'VE SHOWN IT WITH FEWER BITS.

THIS

OPERATION IS REVERSED BY THE DECOMPRESSOR.
SO SOMETIMES, I THINK, PEOPLE CALL THIS AN INFLATER,

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IN VERY COLLOQUIAL SPEECH IT UNPACKS THE COMPRESSED FILE AND GIVES US BACK A VERSION, AND I'LL CLARIFY WHAT I MEAN BY THAT IN A MOMENT, A VERSION OF AUDIO/VIDEO INFORMATION WHICH WE CAN SEE OR HEAR. NOW, ONE VERY IMPORTANT POINT I NEED TO MAKE ON THIS JAMES YEOMANS - OFFICIAL REPORTER - [phone]

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FROM POINT A TO POINT B, WE'RE LOOKING AT DIFFERENT LEVELS WHERE VARIOUS EVENTS OCCUR. IN 24 CASES GETTING THE FILES SMALLER IS GOING TO ALLOW THEM TO BE DOWNLOADED FASTER BECAUSE YOU JUST HAVE FEWER BITS, RIGHT, FEWER BITS ARE GOING TO TAKE LESS TIME TO GET FROM POINT A TO POINT B.
THE COURT:
DR. HEMAMI:

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THANK YOU. THESE ARE EXCELLENT QUESTIONS. I THINK, I MAY GET A DIFFERENT RESPONSE

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THE COURT:

FROM APPLE. AM I CORRECT, MR. POWERS?
MR. POWERS:
DR. HEMAMI:

SLIGHTLY DIFFERENT, YES. OKAY.
SO WE SPENT A LOT OF TIME TALKING

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ABOUT VIDEO, SO I HAVE ONE SLIDE ON AUDIO BECAUSE WE WANT TO TOUCH ON THAT AS WELL. FOR ME.
SO THE AUDIO COMPRESSION IN THE BURST PATENTS CATEGORY

IT'S JUST NOT NEARLY AS SEXY AS VIDEO

TWO COMPRESSION, THIS IS THE RELATIVE SAMPLES AT THE TIME IS DESCRIBED.

--

LET'S LOOK AT SEVERAL

AND THE SPECIFICATIONS SPECIFICALLY USES THE TERMS CONVENTIONAL ALGORITHMS.
SO IF WE LOOK AT WHAT ARE

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CONVENTIONAL ALGORITHMS THAT WERE USED IN '88 TIME FRAME, AND FOR THAT MATTER NOW AS WELL, ONE CONVENTIONAL ALGORITHM IS WIT THE AUDIO, WE TAKE MULTIPLE SAMPLES AT A TIME, WE COMPUTE DIFFERENCES BETWEEN THIS GROUP OF SAMPLES, GROUPS OF SAMPLES JAMES YEOMANS - OFFICIAL REPORTER - [phone]

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USING FIXED OR CHANGING EQUATION, THEN WE ENCODE THESE DIFFERENCES, THEN IS OUR COMPRESSION OPERATION FOR AUDIO. DIFFERENTIAL PULSE CODE MODULATION WAS AND IS VERY COMMONLY USED FOR AUDIO CODING. THE SPECIFICATIONS MENTIONS A

FORM OF DCPN, WHICH IS FIBONACCI DELTA COMPRESSION. IN SOME INSTANCES WE CAN USE TECHNIQUES, FILTER TECHNIQUES. THESE ARE MORE SOPHISTICATED WAYS TO COMPUTE

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DIFFERENCES BETWEEN ADJACENT SAMPLES THAT ALLOW US TO DO AN EVEN BETTER JOB OF COMPRESSING THE AUDIO. MEAN SMALLER FILES. NOW, WHAT I'D LIKE TO DO IS END UP MY COMPRESSION SECTION JUST WITH HOW DO WE THINK ABOUT THESE COMPRESSED FILES AND THE COMPRESSED REPRESENTATION.
SO WHAT I HAVE HERE IS OUR

AGAIN, BETTER JOB,

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BLOCK DIAGRAM OUR ENTIRE COMPRESSION DECOMPRESSION SYSTEM. AND LET'S SUPPOSE, THAT WE START OFF WITH A CONVERTED VIDEO, SAY THE BEATLES WITH LET IT BE, WHICH IS THREE MINUTES LONG. WERE I TO DIGITIZE THAT ENTIRE FILE IN TERMS OF THE

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AUDIO AND THE VIDEO I WOULD END UP WITH 1.3 GIGABYTES OF DATA. VERY, VERY LARGE AMOUNT OF DATA. AND THE BYTE RATE -- THIS IS THE RAW DATA RATE THAT THE BYTES WOULD BE COMING OUT OF ANALOG TO DIGITAL CONVERTERS FOR THE AUDIO AND THE VIDEO IS 57.4 MEGABYTES PER SECOND. I

GOT THIS NUMBER BY ADDING THE AUDIO BYTE RATE WE SAW EARLIER AND THE VIDEO BYTE RATE WE SAW EARLIER, THIS IS NET PACKAGE AUDIO AND VIDEO. JAMES YEOMANS - OFFICIAL REPORTER - [phone]

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CERTIFICATE OF REPORTER I, THE UNDERSIGNED, HEREBY CERTIFY THAT THE FOREGOING PROCEEDINGS WERE REPORTED BY ME, A CERTIFIED SHORTHAND REPORTER, AND WERE THEREAFTER TRANSCRIBED UNDER MY DIRECTION INTO TYPEWRITING; THAT THE FOREGOING IS A FULL, COMPLETE AND TRUE RECORD OF SAID PROCEEDINGS. I FURTHER CERTIFY THAT I AM NOT OF COUNSEL OR ATTORNEY FOR EITHER OR ANY OF THE PARTIES IN THE FOREGOING PROCEEDINGS AND CAPTION NAMED, OR IN ANY WAY INTERESTED IN THE OUTCOME OF THE CAUSE NAMED IN SAID CAPTION. THE FEE CHARGED AND THE PAGE FORMAT FOR THE TRANSCRIPT CONFORM TO THE REGULATIONS OF THE JUDICIAL CONFERENCE. FURTHERMORE, I CERTIFY THE INVOICE DOES NOT CONTAIN CHARGES FOR THE SALARIED COURT REPORTER'S CERTIFICATION PAGE. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND THIS 5TH DAY OF FEBRUARY, 2007.

JAMES YEOMANS, CSR, RPR

JAMES YEOMANS - OFFICIAL REPORTER - [phone]