Elan Microelectronics Corporation v. Apple, Inc.

Filing 121

Declaration of Sean P. DeBruine in Support of Opposition to Apple's Motion to Strike Paragraphs 26-34 of the Claim Construction Declaration of Robert Dezmelyk re 120 , filed byElan Microelectronics Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (DeBruine, Sean) (Filed on 6/14/2010) Modified on 6/15/2010 (bw, COURT STAFF).

EXHIBIT B

DEPOSITION OF ROBERT DEZMELYK - 4/9/2010 175 02:48:07 1 02:48:12 2 02:48:19 3 02:48:29 4 02:48:33 5 02:48:40 6 02:48:50 7 02:48:52 8 02:48:55 9 02:49:01 10 02:49:02 11 02:49:05 12 02:49:06 13 02:49:09 14 02:49:13 15 02:49:16 16 02:49:17 17 02:49:20 18 02:49:23 19 02:49:26 20 02:49:31 21 02:49:34 22 02:49:37 23 02:49:37 24 02:49:41 25

A.

Well, yeah, let me find where they cite to it

first and see what the context of how they're talking about it is. Okay. I would direct you to -- probably the Let's

best place to explain it would be column 5. see.

It goes to, like, maybe line 27 after the

business about the other patent with the simultaneous sensing, and it says the rows and columns are connected to an analog multiplexor 45 through a plurality of X direction conductors and a plurality of Y column direction conductors 55, one conductor for each row and each column. "Under the control of a microcontroller 60, the analog multiplexor selects which traces of the matrix will be sampled, and the output of those traces is then provided to a capacitance measuring circuit." And then they go on to describe some other ways in which people, you know, measure capacitance or cite to, I guess, a patent which describes that. So the analog multiplexor's role here is to select which of the conductors you're measuring the capacitance along that trace in this particular implementation. Q. All right. Any other functions that that

multiplexor 45 performs besides that one?

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DEPOSITION OF ROBERT DEZMELYK - 4/9/2010 176 02:49:48 02:50:10 02:50:16 02:50:18 02:50:20 02:50:23 02:50:25 02:50:26 02:50:28 1 2 3 4 5 6 7 8 9
A. I have to take a quick scan. I don't see any at the moment. its principal role certainly. Q. Can you think of any other function that it I mean, that's

performs besides that principal function? A. Q. A. Q. That is set forth here? In the patent, yeah. I mean, I don't see one. There's another part of figure 2. It's

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labeled 70.

It's called "Circuit to measure changes in

capacitance of sensor conductors." Do you see that? A. Q. Right. What is the function of that circuit, circuit

70 in figure 2? A. Well, 70 is basically, as it's set forth -It

again, I direct you to column 5 and about 45.

converts capacitance values from a circuit 70 -- well, the output of 70 is the input -- 70's basically giving you, you know, kind of capacitance to voltage. In this

case it looks from A to D it's capacitance to voltage. And as we talked about before, there's circuits -- there's a variety of circuits which will give you a measured signal based on the amount of capacitance that's presented on a conductor connected

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DEPOSITION OF ROBERT DEZMELYK - 4/9/2010 177 02:51:28 02:51:29 02:51:32 02:51:36 02:51:36 02:51:39 02:51:43 02:51:45 02:51:52 1 2 3 4 5 6 7 8 9
to that. This particular one, I was using the RC oscillator example before. Since this is, you know,

being connected to an A to D converter, more likely it's some circuit which gives you an analog voltage level output that's proportional to the capacitance present on its input conductor. Q. And are there any other functions that

measuring circuit performs besides that one? A. Well, it's -- I mean, in the broad sense all

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of these components are part of the total functionality of the device. In other words, their presence and

their operation is how you determine if you have contact at all. Ultimately they give the data that

lets you determine location of the fingers, you know, how many you have, whether they're touching. So in the broadest description of their function, they're necessary for the operation of the device. In particular definition of what does it do, As it says, it

that's -- it serves the purpose.

measures the changes in capacitance in the sensor converters. Q. box 80? A. And what about the analog-to-digital converter What's the function of that? Well, again, in the narrow sense it does what

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DEPOSITION OF ROBERT DEZMELYK - 4/9/2010 178 02:52:45 02:52:49 02:52:51 02:52:55 02:52:56 02:52:58 02:53:01 02:53:07 02:53:10 1 2 3 4 5 6 7 8 9
it says it does. It takes an analog signal and

converts it to a digital value so you can then process that in firmware in the microcontroller. Q. What values are those that it's converting

from analog to digital? A. It's converting, in this example here, the

value of capacitance of the selected conductor -- the value generated -- the analog value generated by 70, this capacitance measuring circuit, for the particular selected conductor or trace that you've selected with analog multiplexor at that point in time, and it's converting that value into a digital representation. Q. A. And then -In the broad sense, again, it's part of the Without it

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whole functionality of the sensing chain.

you're not going to have a functional device. Q. Take a look, please, at column 11. Around

line 16 there's a paragraph that begins by saying in effect that the preceding part of the patent was describing ways of detecting a plurality of fingers, et cetera. Do you see what I'm referring to there? A. Q. I see the paragraph, yes. All right. And then it then says that there's

a second portion of the invention.

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DEPOSITION OF ROBERT DEZMELYK - 4/9/2010 209 03:39:01 03:39:05 03:39:07 03:39:10 03:39:10 03:39:13 03:39:15 03:39:18 03:39:22 1 2 3 4 5 6 7 8 9
A. Q. response to the removal and reappearance of said second maxima within a predetermined period of time. Do you see what I'm talking about there? Yes, I do. Now, is that a function, that is, providing a

click function in response to the removal and reappearance of said second maxima within a predetermined period of time, is that a function that's going to be performed and implemented by a computer? A. Normally. I mean, either by the

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microcontroller or the host computer. Q. Is there -- to perform that sort of processing

there's going to be some sort of algorithm that's going to be processed; is that right? A. There are steps you would take, right. You

would write software to do that. Q. Is there a description of that software

algorithm in the '352 patent for how to do that? A. Well, there's a whole section about dealing

with and processing and understanding how many fingers are touching and being removed and how you do scans and know how many fingers are on the surface. I think if we -- basically the entire section of -- you know, going down, starting at 11 and continuing through 13 talks about examples of how you

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DEPOSITION OF ROBERT DEZMELYK - 4/9/2010 210 03:40:17 03:40:22 03:40:26 03:40:29 03:40:29 03:40:30 03:40:33 03:40:34 03:40:38 1 2 3 4 5 6 7 8 9
would determine, you know, multiple fingers and then what -- you know, how you would scan repeatedly and look at whether you had one fingers, two fingers, et cetera. So that is sufficient to explain the process of doing that, particularly in light of what people already know how to do. Q. And is that description a description of an

algorithm that's going to tell you how to provide that click function in response to the removal and reappearance of the second maxima within a predetermined period of time? A. Well, I think the description there is more

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than sufficient for a practitioner at the time to know what to do. It may not be expressed in like a flow

chart, but it's set forth, you know, in description in a way that would be sufficient so someone knew what to do. Q. There's a functional description in there,

correct, in those columns, 12, 13? A. I don't know how you use the word There's a description of what to do in

"functional." essence. Q.

Yeah, what functions to perform, what to do,

as you just said.

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DEPOSITION OF ROBERT DEZMELYK - 4/9/2010 211 03:41:17 03:41:20 03:41:22 03:41:27 03:41:30 03:41:38 03:41:42 03:41:43 03:41:44 1 2 3 4 5 6 7 8 9
What I'm asking is, is there some sort of description of software algorithm that would say this is the way to do that and this is how you would process that in order to accomplish that function? A. Well, I think the description here does give

the information to the person who's the practitioner that they need to have. Q. A. To do what? To do -- to make that determination. In other

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words, to say if -- the process of -- say we're taking the click events in the simple case of a button up, button down. Practitioners at the time definitely

know, you know, how to make a packet that's button up or button down. in mouse design. So the person who's reading this already knows about that background and knows about, you know, I generate a down packet, I generate an up packet. mean, they know about that part of it. And so when look at, to me, reading the sections that I pointed out, and I can try to get you the more detailed lines by, you know, picking them out for you, it tells you what you need to do to do that. Q. When you say "it tells you what you need to do I That's a long-known understood concept

to do that," are you saying that with this description

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DEPOSITION OF ROBERT DEZMELYK - 4/9/2010 212 03:42:47 03:42:50 03:42:54 03:42:57 03:43:00 03:43:08 03:43:12 03:43:14 03:43:20 1 2 3 4 5 6 7 8 9
of the operations in terms of putting fingers down and lifting them up, that someone could go ahead and write some sort of an algorithm that would do that? A. Right. And, I mean, there's also a set of

things in, you know, figures 8-2, 9-1, et cetera, that relate to that process. Q. But the algorithms that are described in

figures 8 and 9 and 5 and 6 and all, those aren't setting forth in an algorithm how you would perform that function of providing a click function in response to the removal and reappearance of a second maxima within a predetermined period of time; correct? A. Well, I don't agree with your

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characterization. Q. or -A. Q. A. Let's turn to --- or figure 5 or 6 where that's described. Let's look just for figure 8-1 in a minute. So point out to me in figure 8 or figure 9

And look at the bottom of figure 8-1 where there's been some processing. There's an X compute and Y compute.

There's been some determination of the number of fingers that are present, and then it turns the page onto the remainder of figure 8-2, which is on sheet 15 of the patent.

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DEPOSITION OF ROBERT DEZMELYK - 4/9/2010 213 03:44:19 03:44:23 03:44:26 03:44:31 03:44:35 03:44:39 03:44:42 03:44:42 03:44:44 1 2 3 4 5 6 7 8 9
And then it -- just as an exemplary example here, I won't to try to say exhaustively, but if you look at decision point 905, if the test is that the button was previously up and we have finger 2, then we're going to take the step of reporting button equals down, and we're going to set button previous equal to down. And then at a later scan we're going to come back through here again, and perhaps we're going to find that we were in -- the case listed as 910 in that decision block, if we fall into that decision block, button previous would be down, in other words, if that, and, you know, we have one of these cases, and then we're going to, of course, report button up. The process of reporting a button down to the host system followed by a button up report would constitute a click to the host processor. In other

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words, the event of a button down and a button up. A practitioner at the time, once you tell them report button equals down, they understand what that means. In other words, that says make the serial

output bytes in the packet that match up with a button down event on a mouse, which is a kind of standardized known operation. So I think they've set forth here a

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DEPOSITION OF ROBERT DEZMELYK - 4/9/2010 214 03:45:33 03:45:34 03:45:39 03:45:41 03:45:44 03:45:49 03:46:03 03:46:06 03:46:09 1 2 3 4 5 6 7 8 9
description of how to do it. Q. So where in figure 8-1 and figure 8-2 say that

it is the second maxima that is being removed and reappearing within a predetermined period of time? A. Well, first I'll note that I don't think that

it has to say that, but notice that if you look at decision block 905, it's making two tests. The first

tests is the button previous is up, meaning that we're not reporting a button down. In the second test, and

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finger equals 2, and if we look back to see what the X finger is, if I dig into the document here, I believe X finger will be a count of fingers. Q. Right. So what tells you in this algorithm,

this flow chart figures 8-1 and 8-2, that it is the second finger that is the second maxima as opposed to the first maxima? A. I would generally interpret that if I had a

count of fingers and it went zero, one and two, that two would be the second one. Q. So where it says finger equals two in figure

8-1 and figure 8-2, your testimony is that that is a reference to the second finger as opposed to the total number of fingers being detected? A. No, I think it's the count of fingers, but

since we're scanning repeatedly, the -- notice you have

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DEPOSITION OF ROBERT DEZMELYK - 4/9/2010 215 03:47:26 03:47:37 03:47:40 03:47:46 03:47:52 03:47:59 03:48:02 03:48:06 03:48:08 1 2 3 4 5 6 7 8 9
the previous finger count -- okay. And the state of

whether I'm generating a button depends later on whether I have finger equals zero or finger equals one. But again, see, I think that it's an erroneous way of looking at this claim to say I have to see a algorithm that in the absence of any knowledge about process teaches, you know, a beginner how to do it. Q. I'm just asking a question. I'm just trying

to understand whether there is something set out in figure 8-1 or figure 8-2 or anywhere else in the patent that tells you specifically that it is the second maximum that appears and is removed and reappears, whether that is described in any of these algorithms, how you would determine that it's the removal and reappearance of the second maxima. A. Okay. Well, let me try to explain that. If

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we look at column 12, let me just see if I can go back to this. Let me just review it for a moment here. Okay. Look at the bottom of column 13. I

direct you to that. a totality.

And again, this has to be taken in

So it's not like you find one exact spot.

You have to read the entire document to understand it as a practitioner, and that gives you the understanding of it. But if we look at this paragraph starting at

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DEPOSITION OF ROBERT DEZMELYK - 4/9/2010 216 03:50:04 03:50:08 03:50:12 03:50:15 03:50:17 03:50:30 03:50:31 03:50:32 03:50:34 1 2 3 4 5 6 7 8 9
approximately line 59, referring next to figures 8 and 9, the generalized case associated with figures 7-F1 and 2 but also applicable to the remaining functions may be better appreciated. In the exemplary algorithms shown in figures 8 and 9 -- and 8, of course, is what? been looking at. 8-1 is what we've

"A determination is made whether

zero, one or two fingers are in contact with the touchpad. Depending on how many fingers are

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identified, various operations are permitted. "It will be appreciated that figure 8 is an analogous to figure 5" and so on. For convenience,

steps unchanged are left in, and then it describes how that process goes. And when you look at that and

looking at the number of fingers, that explains to you, to me at least as a practitioner, what you would do, the type of steps would you do to do this determination of providing a click function in response to the removal and reappearance. Q. All right. And where in the portions that you

just referred us to or anywhere else in the patent does it tell you how you can determine that a click function is being provided in response to the removal and reappearance of the second maxima as opposed to the first maxima?

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DEPOSITION OF ROBERT DEZMELYK - 4/9/2010 236 04:32:28 04:32:29 04:32:33 04:32:39 04:32:41 04:32:45 04:32:46 04:32:47 04:32:48 1 2 3 4 5 6 7 8 9
A. Q. of the context it's being used in. Q. There's a reference to a touchpad program

containing virtual actuation zone profiles that describe how the virtual actuation zones are distributed around the touchpad relative to the data sensor coordinates. You see what I'm referring to? Yes. So the idea there is that I can have a program

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that stores not just one but potentially multiple virtual actuation zone profiles; correct? A. Right. The idea -- I mean, 38 is shown back And it

in figure 2.

It's a -- like a microcontroller.

notes that it may store this idea of a touchpad program which is related to the user interface, the user interface is shown sort of the whole device, and it seems that yes -- I don't see that there's a necessary construct in that paragraph -- I mean, it says profiles, but it seems that there may be one set of them. I mean, I don't know if it's important, but just sort of parsing that paragraph by itself it says that the touch paid may store a touchpad program. that would be a single program, for controlling different aspects of the user interface. For example, So

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DEPOSITION OF ROBERT DEZMELYK - 4/9/2010 237 04:33:53 04:33:57 04:34:00 04:34:02 04:34:04 04:34:08 04:34:10 04:34:13 04:34:17 1 2 3 4 5 6 7 8 9
the touchpad program may continue virtual actuation zone profiles that describe how the virtual actuation zones are distributed. I take "profile" there to mean that you may have multiple actuation zone, in essence, data structures to describe the zones. Not necessarily that

you have different sets of them, right, but that you have, say, five zones and therefore, you would have five profiles, one per zone, as the data structures that represent that. Q. Five profiles that -- all set in one

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particular region, or can those profiles come and go in different regions at different times? A. Well, again, I'm just saying in terms of the

way I -- are you asking me to sort of interpret that paragraph? The way I read that paragraph, that there In other words,

may be a set of more than one zone.

that these virtual actuation zones have a location that is distributed around the touchpad relative to the native sensor coordinates, and it also says what type of value to output. So my, you know, quick kind of interpretation of that is that there's a data structure, maybe we'll call it a profile, that's associated with one of these actuation zones, and it has some set of characteristics

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DEPOSITION OF ROBERT DEZMELYK - 4/9/2010 243 04:42:33 04:42:33 04:42:39 04:42:44 04:42:49 04:42:52 04:42:53 04:42:56 04:43:01 1 2 3 4 5 6 7 8 9
sensor? A. Well, it certainly couldn't be detected

without that and the -- there's some process that goes between, you know, a sensor which outputs some signal, if we're perhaps being excited, and turning into a coordinate. And there's an in-between process there, but you don't have coordinates until you have coordinates. Q. And so there's some processing that goes on by

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a chip or a computer or software or something that then takes those raw values of amps or volts or current or whatever and then says for each of the sensors, aha, this is where that sensor is located? A. No, this is not where the sensor's located,

but this is where the object's located that you're trying to sense the position of. Q. Which object? A finger or a stylus or

something like that? A. Right. In other words, there's -- there are That

sensors that can tell you where they're located. is, you can obtain the location of the sensor.

But the

type of sensing devices that are, you know, we're discussing here today are devices that are intended to identify the location of an object usually in close proximity to.

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DEPOSITION OF ROBERT DEZMELYK - 4/9/2010 244 04:43:47 04:43:49 04:43:51 04:43:51 04:43:52 04:43:54 04:43:57 04:44:00 04:44:00 1 2 3 4 5 6 7 8 9
Q. A. Q. A. Such as a finger or a stylus -Right, right. -- or what-have-you? You want to know where the finger is on the You don't want to

touchpad, touch screen, whatever.

know where is the touchpad relative to the room boundaries or relative, you know, to its place on the planet. Q. A. Q. I understand. That's another kind of sensing. Got it. All right. Paragraph 42 you say, "I may also

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testify that, 'Sensors configured to map the touchpad surface into native sensor coordinates' means sensors configured to produce signals indicating native sensor coordinates." Do you see that? A. Q. Yes, I do. And what are you relying on as support for

that proposition in the specification? A. Well, the same citation and probably other

places, and I think this -- the real point I'm trying to make here is that the coordinates in question are the coordinates of the object, not what might be seen as the coordinates of the sensor itself.

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DEPOSITION OF ROBERT DEZMELYK - 4/9/2010 245 04:44:43 04:45:29 04:45:33 04:45:36 04:45:39 04:45:41 04:45:43 04:45:46 04:45:54 1 2 3 4 5 6 7 8 9
Q. All right. So I'm looking at the language in

paragraph 42 of your report, the claim language "sensors configured to map the touchpad surface into native sensor coordinates," and it appears that that language is found in the first element under the preamble of claim 1; is that right? A. Q. Let's go find it. That's on column 20. Or am I looking at the

wrong section of the claim? A. Right, that phrase, "sensors configured to map

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the touchpad surface into native sensor coordinates," appears in the first -- in claim 1, for instance, it says, "a touchpad having a surface and one or more sensors configured to map the touchpad surface into native sensor coordinates." Q. And you have offered the opinion that what

that means is that the sensors that are described in that element there of claim 1 are configured to produce signals that indicate native sensor coordinates; right? A. Right. That's what I'm saying, that the

sensors are producing signals that indicate or can be used to determine the coordinates of the object. Q. A. And -In other words -- I'm sorry. Sorry for a long

break there.

But if we look at column 5 in the patent,

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roughly 37 or so, line 37, says, "the sensor of the touchpad 36 are configured" -- it literally reads "produce signals," but I believe he means to say "configured to produce signals associated with the absolute position of an object on or near the touchpad. "In most cases, the sensors of the touchpad 36 map the touchpad plane into native or physical sensor coordinates 40. The native sensor coordinates 40 may

be based on Cartesian coordinates or Polar coordinates as shown." Then it goes on to explain that "when Cartesian, the native sensor coordinates 40 typically include" -- I'm sorry, my mistake in reading -"typically correspond to X and Y coordinates and then a corresponding Polar, as shown, the native sensor coordinates typically correspond to radial and angular coordinates r theta." And then it says that you can have a bunch of different types of, you know, resistive optical, et cetera. Q. So under your interpretation, how is it that

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one of these signals that is produced by a sensor, quote/unquote, indicates a native sensor coordinate? How does a sensor do that? A. Well, the outputs of the sensor -- the sensor

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is designed so that the signals it generates, potentially when it's excited by some excitation, but the signals it generates are correlated to position. So, for instance, to give kind of an example of this in a literal sense, if you were to make a capacitive, well, sensing grid of the type we've been talking about, it's typical that you put the grid lines down in a known spot so that when you get signals from them you can calculate the position of the object that's causing the capacitance. If you put the capacitive pass down randomly, you know, in some hypothetical, then you wouldn't be able to calculate where the object was. You'd see a

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bunch of varying capacitance, but you wouldn't know, you know, where it came from. Right?

I mean, so you're configuring the sensors such that the signals it generates are indicative or actually relate to position. Q. Right. The signals that are being generated

by the sensors don't themselves carry with them positional information, do they? The frequency or the amps or whatever, there's no positional information in there, is there? A. type. It may. They may. Depends on the sensor

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DEPOSITION OF ROBERT DEZMELYK - 4/9/2010 253 04:56:17 04:56:18 04:56:20 04:56:23 04:56:27 04:56:29 04:56:36 04:56:38 04:56:39 1 2 3 4 5 6 7 8 9
A. Q. Right. All right. And I think what you said in your

report at paragraph 36 is that a cursor control operation means providing cursor positioning data to effect movement of the cursor; is that right? A. Well, I said that it's a cursor tracking

operation that controls the movement of the cursor on the screen. Q. Where did you say that? I didn't see that

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word "tracking," so maybe you can point that out to me. A. Well, we're talking about my paragraph 36, and

I note that, you know, at 6:9-13, "The '218 patent expressly states that a cursor control operation is a cursor tracking operation. That is, an operation that

controls the movement of the cursor on the screen." Q. Right. And what I'm trying to understand,

first of all, is we have some claim language, "cursor control operation," and I first of all wanted to get your opinion then on what you believe that term means, how it should be construed by one of ordinary skill in the art. I thought you had construed it to mean providing cursor positioning data to affect movement of the cursor, but I may have that wrong. A. Well, I mean, I guess you're asking sort of

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Q. All right. So now, with that construction in

mind that you've provided there of what a cursor control operation is, can you point out to me where in the specification there are described three cursor control operations, a first one, a second one and a third one that are based on the duration of contact and gap intervals? A. Okay. And I'll direct your attention back

again to 6 to 9 to 13 where it explains column 6, lines 9 to 13 where it says, "As shown in part A of figure 5" -THE REPORTER: THE WITNESS: Slow down. I'll just read the -- "if the

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first contact interval lasts longer than the maximum tap interval," and then there's an example here in parentheses, "i.e., if T subscript T1 is greater than T subscript max, the operation of the touch-sensitive cursor controlling input device during the first contact interval is identified as a cursor control operation, i.e., a cursor tracking operation." And then it goes on to, "Thus, positional data relating to user's contact with a touch-sensitive input device is supplied to the computer system in order to effectuate cursor movement on the computer screen." Now, going back to understand the context of

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this to column 5, there's a section which deals with -I'll just read the whole paragraph beginning at column 5, line 5. "Consequently, touchpad 200 generates x, y and z data pertaining to the user's contact with the touchpad, e.g., pertaining to the position of the operator's finger on the touchpad, over some region in the x, y and z directions. "Velocities, accelerations, timing differentials and signal strengths may be determined from this data string. As mentioned below, when these

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parameters are considered along with prior events, it is possible to discern between cursor manipulation, click, multi-click, drag, click-and-drag, and multi-click and drag operations." And if we look about what some of these operations are, cursor manipulation would be just simply positioning the cursor. Click would be a button

press and release, multi-click would be some set of those in close proximity, drag is the operation wherein the button is down and then there's motion. Click-and-drag as described here would be a click immediately followed by a drag. down, up, back down, and then motion. So it would be And then the

next one there would be a multi-click-and-drag

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operation, which would be something on the order of down, up, down, up, down, drag. So to the extent that there's three cursor control operations you asked me to identify, certainly a cursor positioning would be one, dragging would be two, click-and-drag would be three, and multi-click and dragging would be four. Q. There is in figure 2 of this patent, I

believe, an element called 215. A. Q. Right. And I believe that that's called a

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balance-measuring circuit in the patent. A. Counsel, do you perchance know what the

relative section is just to speed us up here? Q. Column 4 is what I was focused on, but I

didn't want to limit you there. A. I'll start there. Okay. Thank you.

I mean, in the interest of time, I'm

generally familiar with that paragraph. Go ahead, please. Q. All right. My question is, what is the

function of the balance-measuring circuit 215? A. In general, this is a kind of top-level In

description of this particular sensing means.

general, there's a technique to determine, I guess,

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