Leader Technologies Inc. v. Facebook Inc.

Filing 661

Supplemental DECLARATION re 628 MOTION for Judgment as a Matter of Law of No Direct Infringement, 660 Reply Brief Declaration of Elizabeth Stameshkin in Support by Facebook Inc.(a Delaware corporation). (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Caponi, Steven)

EXHIBIT B

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IN THE UNITED STATES COURT

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FOR THE DISTRICT OF DELAWARE

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____________________________________

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LEADER TECHNOLOGIES, INC.,
a Delaware corporation,

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)
)
)
Plaintiff and Counterdefendant, )
) CIVIL ACTION NO.
vs.
) 1:08-CV-00862-JJF
)
FACEBOOK, INC.,
)
)
Defendant and Counterclaimant. )
____________________________________)

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SOURCE CODE

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Videotaped deposition of GIOVANNI VIGNA, PH.D,

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taken at 633 East Cabrillo Boulevard, Santa

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Barbara, California, commencing at 9:55 a.m.,

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Monday, May 3, 2010, before Daryl Baucum, RPR,

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CRR, RMR, CSR No. 10356.

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PAGES 1 - 254

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APPEARANCES OF COUNSEL:

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FOR THE PLAINTIFF LEADER:

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KING & SPALDING

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BY:

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333 Twin Dolphin Drive

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Suite 400

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Redwood Shores, California

JAMES HANNAH, ATTORNEY AT LAW

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650.590.0720

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94065

[e-mail]

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FOR THE DEFENDANT FACEBOOK:

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COOLEY, GODWARD, KRONISH

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BY:

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MARK WEINSTEIN, ATTORNEY AT LAW
HEIDI KEEFE, ATTORNEY AT LAW

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3000 El Camino Real

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Five Palo Alto Square

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Palo Alto, California

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650.843.5000

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[e-mail]

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[e-mail]

94306

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APPEARANCES OF COUNSEL (CONTINUED):

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ALSO PRESENT:
DAVID WEST, Videographer

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SANTA BARBARA, CALIFORNIA; MONDAY, MAY 3, 2010

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9:55 A.M.

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THE VIDEOGRAPHER:

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the record at 9:55 a.m.

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Good morning.

We are on

2010.

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The date today is May 3,

09:55:03

This is the videotaped deposition of
Giovanni Vigna -THE WITNESS:

That's fine.

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THE VIDEOGRAPHER:

-- Ph.D.

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My name is David West, here with our court

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reporter, Daryl Baucum.

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National Deposition and Litigation Services at the

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09:55:20

request of counsel for defendant.

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We here from Veritext

The deposition is being held at Fess

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Parker's Double Tree Resort at 633 East Cabrillo

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Boulevard in the city of Santa Barbara, California.

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09:55:32

The caption of this case is Leader

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Technologies, Inc. versus Facebook, Inc. and

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counterclaimants.

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1:08CV-00862-JJF.

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Civil action number is

09:55:46

Please, note that audio and video recording

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will take place unless all parties agree to go off

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the record.

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up whispers, private conversations, as well as

Microphones are sensitive and may pick

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BlackBerry and cellular interference.

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At this time, will Counsel, please,
identify themselves for the record.

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MR. WEINSTEIN:

Mark Weinstein from Cooley,

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representing the defendant.

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MS. KEEFE:

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09:56:12

Heidi Keefe, also from Cooley,

representing Facebook, defendant.

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09:56:06

MR. HANNAH:

James Hannah from King &

Spalding representing Leader Technologies and here
with the witness.

09:56:22

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THE VIDEOGRAPHER:

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The witness will now be sworn in and we can

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Thank you.

proceed.

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GIOVANNI VIGNA, PH.D.,

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having been first duly sworn, was

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examined and testified as follows:

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EXAMINATION
BY MR. WEINSTEIN:

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Q.

Good morning, sir.

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A.

Good morning.

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Q.

09:56:41

Could you state your name for the record,

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please.
A.

My name is Giovanni Vigna; G-I-O-V-A-N-N-I,

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last name, V-I-G-N-A.

09:56:53

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Q.

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Dr. Vigna?

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A.

That's fine.

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Q.

Are you currently employed, Dr. Vigna?

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A.

Yes.

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Q.

Who is your current employer?

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A.

University of California in Santa Barbara.

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Q.

How long have you been employed by the

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Are you currently -- and do you go by

University of California, Santa Barbara?

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A.
Q.

What is your position there?

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A.

I am a full professor in computer science.

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Q.

09:57:13

Since 1997.

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09:57:05

Thank you.

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Dr. Vigna, have you ever had your

09:57:28

deposition taken before?

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A.

Yes.

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Q.

How many times?

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A.

I remember one, but I am not a hundred

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percent sure.
Q.

Okay.

I mean I would say one.

09:57:41

What was the case in which you

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provided this deposition?

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case?

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A.

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Computing.

What was the name of the

I think it was called Finjan versus Secure
This is what I remember.

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provided in the subversion database

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and the database schema.

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to demonstrate and discuss this

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material even if it is not

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specifically referenced in the body

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of my report.

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any of the information that I have

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relied upon has been updated before

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10:21:38

trial, that further documentation

I intend

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If it is found that

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and information is produced and made

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available -- or made available or

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that additional depositions are

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taken, I reserve the right to rely

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upon and discuss the updated and new

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information even if it is not

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specifically set forth in this

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report in Exhibit B."

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Does that answer your question?

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10:21:59

10:22:12

BY MR. WEINSTEIN:
Q.

No, it doesn't, but we will get back to

10:22:19

that.
For paragraph 15, the first sentence says:
"For trial, I also intend to

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demonstrate the operation of the

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Facebook website live with tools

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capable of showing the functionality

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and rendering of the Facebook

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website."

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What tools are you referring to in this

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paragraph?

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A.

10:22:31

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There are -- I haven't decided exactly

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which of the many tools available to perform this

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type of task I am going to use, but one skilled in

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the art would immediately identify what that means.

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These are tools that are capable of showing

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the functionality of the website and the rendering

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10:23:08

of the Facebook website.

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Q.

Can you name some of those tools for me,

sir?

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A.

For example, the Firefox web browser.

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Q.

Any others?

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A.

There are so many, it's difficult to -- I

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haven't decided yet which ones I am going to use.

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10:23:24

So it will be difficult to make a list right now.

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Q.

But when you refer to "tools," are you

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referring to web browsers?
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I refer to tools which the claim -- the

ordinary meaning of "tools" is software tools.
Q.

Other than Firefox, can you name any other

tools that you intend to use with respect to the

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demonstration reference in paragraph 15?
A.

I haven't made a decision yet.

10:24:13
So I think

it would be premature.
Q.

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The next sentence says:
"In addition to the

10:24:27

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demonstratives, I intend to

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demonstrate and discuss all material

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I have relied upon."

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Have you created any demonstratives, sir,

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in connection with this litigation?
A.

10:24:36

Let me check my report.

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So in paragraph 12 of my report, I said:

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"In order to aid the court and

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jury in understanding my opinion

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regarding Facebook's infringement of

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the 761 patent, I intend to create

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demonstrative exhibits for trial."

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And so that's what I intend to do.

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Q.

So the demonstrative exhibits did not exist

at the time the report was filed, correct?
A.

10:25:33

Well, I didn't say that.

10:25:49

I said that I

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intend to create these demonstrative exhibits at

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trial.

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included in the report and then I said in order to

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aid the court to understand my position, I intend to

So there is information that has been

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DECLARATION

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I hereby declare I am the deponent in the

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within matter; that I have read the foregoing

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deposition and know the contents thereof; and I

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declare that the same is true of my knowledge except

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as to the matters which are therein stated upon my

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information or belief, and as to those matters, I

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believe it to be true.

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I declare under the penalties of perjury

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under the laws of the State of California that the

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foregoing is true and correct.

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This declaration is executed this _______

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day of ___________________, 2010, at

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______________________, California.

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_______________________________
W I T N E S S

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I, DARYL BAUCUM, CSR No. 10356, do certify;

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That the foregoing deposition was taken

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before me at the time and place therein set forth,

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at which time the witness named in the foregoing

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deposition was placed under oath and was sworn by me

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to tell the truth, the whole truth, and nothing but

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the truth;

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That said testimony of the witness and all

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objections by counsel at the time of the examination

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were recorded stenographically by me, and were

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thereafter transcribed under my direction and

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supervision, and that the foregoing pages contain a

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full, true and accurate record of all proceedings

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and testimony to the best of my skill and ability.

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I further certify that I am neither counsel

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for any party to said action, nor am I related to

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any party in said action, nor am I in any way

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interested in outcome thereof.

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IN WITNESS WHEREOF, I have subscribed my
name this 17th day of May, 2010.

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_________________________________

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DARYL BAUCUM, CSR No. 10356

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