Motorola Mobility, Inc. v. Microsoft Corporation

Filing 177

RESPONSE/REPLY Microsoft Corporation's Responsive Claim Construction Brief and Exhibits by Microsoft Corporation. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 802, # 3 Exhibit 906, # 4 Exhibit 907, # 5 Exhibit 908, # 6 Exhibit 909, # 7 Exhibit 910, # 8 Exhibit 1005, # 9 Exhibit 1006, # 10 Exhibit 1117, # 11 Exhibit 1118, # 12 Exhibit 1119, # 13 Exhibit 1120, # 14 Exhibit 1121, # 15 Exhibit 1122, # 16 Exhibit 1411)(Miner, Curtis)

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Exhibit 1120 - ----- ------ -------------------- In The Matter Of: MOTOROLA MOBILITY, INC. v. MICROSOFT CORPORATION MARTIN KALISKI, Ph.D. - Vol. 2 July 21, 2011 MICROS(h1217 CON~l;i'IDENTL4L BUSINESS 11~lJ¥)RMt4 FI{)N SUBJECT TO J.DROTECTJJzE ORDER MERRILL LegaLlnk. Ino. CORPORATION 135 Main Street 4th Floor San Francisco, CA 94105 Phone: 415,357,4300 Fax: 415,357,4301 ) ' INFOR~4A!I'ION MICROSOF!I' CONFIDEN!I'IAL BUSINESS SUBJEC!I' !I'O PRO!I'EC!I'IVE ORDER MARTIN KALISKI, Ph.D. 7/21/2011 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA MOTOROLA MOBILITY, INC., Plaintiff, vs. No. 1:10-24063-CIVMORENO MICROSOFT CORPORATION, Defendant. _________________________ 1 Miorosoft Confiaentia±-B~~aess S~bjeot to Information Proteoti~~ DEPOSITION OF MARTIN KALISKI, Ph.D. VOLUME II (Pages 302 - 483 July 21, 2011 Reported by: Natalie Y. Botelho CSR No. 9897 Merrill Corporation - San Francisco 800-869-9132 www.merrillcorp.com/law 152c3502-9b40-4216-a489-beeae633a2b7 ~4ICROSOFT CONFIDENTI.''..L BUSINESS INFORM1'.tTION MARTIN KALISKI, Ph.D. SUBJECT TO PROTECTIVE ORDER - 7/21/2011 Page 306 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 BE IT REMEMBERED THAT, on Thursday, July 21, 2011, commencing at the hour of 8:00 o'clock a.m. of the said day, at the law offices of SIDLEY AUSTIN LLP, 1001 Page Mill Road, Building 1, Palo Alto, California, before me, NATALIE Y. BOTELHO, a Certified Shorthand Reporter for the State of California, personally appeared MARTIN KALISKI, Ph.D., a witness in the above-entitled court and cause, who, being by me duly resworn, was examined in said cause. APPEARANCE OF COUNSEL FOR PLAINTIFF: ROPES & GRAY LLP BY: AMANDA FLYNN WIEKER, ESQ. One Metro Center, 700 12th Street, NW, Suite 900 Washington, DC 20005-3948 (202)508-4600 amanda.wieker.@ropesgray.com 16 FOR PLAINTIFF: 17 18 19 ROPES & GRAY LLP BY: LESLIE M. SPENCER, ESQ. 1211 Avenue of the Americas New York, NY 10036-8704 (212)596-9629 leslie.spencer@ropesgray.com 20 FOR DEFENDANT: 21 22 23 SIDLEY AUSTIN LLP BY: THEODORE W. CHANDLER, ESQ. 555 West Fifth Street, Suite 4000 Los Angeles, CA 90013 (213)896-5830 tchandler@sidley.com 24 ALSO PRESENT: 25 Merrill Corporation - San Francisco 800-869-9132 www.merrillcorp.com/law 152c3502-9b40-4216-a489-beeae633a2b7 ~4ICROSOFT CONF±DENTIl\.L BUSINESS ±NFORMP,TION SUBJECT TO PROTECTPJE ORDER MARTIN KALISKI, Ph.D. - 7/21/2011 Page 307 21 22 MARTIN KALISKI, Ph.D., being duly resworn, testified as follows: Merrill Corporation - San Francisco 800-869-9132 www.merrillcorp.com/law 152c3502-9b40-4216-a489-beeae633a2b7 MICROSOFT CONFIDENTIAL BUSINESS INFORMATION SUBJECT TO PROTECTIVE ORDER MARTIN KALISKI, Ph.D. - 7/21/2011 Page 409 23 (Whereupon Exhibit 23 was marked for 24 identification. ) 25 MR. CHANDLER: Q. SO Dr. Kaliski, I'm Merrill Corporation - San Francisco 800-869-9132 www.merrillcorp.com/law 152c3502-9b40-4216-a489-beeae633a2b7 ~UCROSOFT SUBJECT TO PROTECTIVE ORDER CONFIDENTIAL BUSINESS INFORHATION MARTIN KALISKI, Ph.D. - 7/21/2011 Page 410 1 handing you Exhibit 23, which you'll recognize is 2 figure 1 from the Smith '333 patent. 3 this exhibit, could you please draw a line around 4 the fixed portion of the wireless communication 5 system under Motorola's construction? 6 A. 7 throughout is it's everything that's not the 8 subscriber units. 9 Q. The way I think~I've And in using I; been viewing this And could you just, for clarity, write, 10 for example, "fixed portion, Motorola's 11 construction"? 12 A. (Compl ies . ) Merrill Corporation - San Francisco 800-869-9132 www.merrillcorp.com/law 152c3502-9b40-4216-a489-beeae633a2b7 ~H GR08 0 FT GONF I DENT IAL BU8 INE8 8 I NFOR~4AT-I±-IOdll'N-J--I::8)-\':UH:Bh::JJ~EitG"±'T'--'±'TOI:::J-P!::'1RK:-\O.rTHE~G=":JTb'":!I:-'oV~E~O~R±JD~ER MARTIN KALISKI, Ph.D. - 7/21/2011 Page 420 13 (Recess taken from 11:27 a.m. to 14 11:46 a.m.) 15 THE VIDEOGRAPHER: 16 record. 17 We're back on the The time is 11: 46. MR. CHANDLER: Q. You can put aside -- 18 there are a lot of papers in front of you. 19 put them aside, unless there's something you want to 20 tell me. 21 A. 22 figures. 23 Q. Okay. 24 A. May I borrow your pen again, or would you 25 like to give me ~ I do. I You can ~ misdrew something on some of the I: Merrill Corporation - San Francisco 800-869-9132 www.merrillcorp.com/law 152c3502-9b40-4216-a489-beeae633a2b7 MICROSOFT CONFIDENTIAL BUSINESS SUBJECT TO PROTECTIVE ORDER INFOR~4ATION MARTIN KALISKI, - 7/21/2011 Ph.D. Page 421 Well, first describe it, and then we'll 1 Q. 2 figure out -- 3 A. 4 the figure 1 from the patent on Motorola's claim 5 construction, and I'd like to re- -- have a chance 6 to redraw that picture. I got confused when we were talking about I) 7 (Whereupon Exhibit 29 was marked for 8 identification. ) 9 MR. CHANDLER: Q. So you've been handed 10 what's been marked as Exhibit 29, which again is 11 figure 1 from the '333 patent. 12 that you would like to amend your drawing concerning 13 the fixed portion under Motorola's construction. 14 using Exhibit 29, could you please draw a line 15 around what you now consider the fixed portion of 16 the wireless communication system under Motorola's 17 construction for "fixed,portion"? 18 A. 19 Microsoft's with the one proviso that Motorola's 20 construction may include other things besides the 21 base station and the controller. 22 something else that could be added. 23 certainly -- and I don't know what I was thinking. 24 Certainly doesn't include the public switched 25 telephone network, and it certainly -- or the Sure. And I understand So It's basically going to look like So there may be But it's Ii Merrill Corporation - San Francisco 800-869-9132 www.merrillcorp.com/law 152c3502-9b40-4216-a489-beeae633a2b7 MICROSOF'F CONFIDEN'FIAL BUSINESS SUBJEC'F 'FO PRO'FEC'FIVE ORDER INFOR~4}\.'FION MARTIN KALISKI, Ph.D. - 7/21/2011 Page 422 1 telephone. And it doesn't include the computer that 2 is specifically used for data originators to input 3 things into the system. 4 In the heat of the moment, 5 Q. Did you label that? 6 A. This is other -- something else could be 7 added. 8 Q. But -- 9 A. An external computer or something. So I apologize for that. I had a mental lapse. 10 is "fixed portion Motorola, amended." 11 Q. 12 we're clear here. 13 Exhibit 23. 14 A. Sure. 15 Q. And do you have Exhibit 23 -- 16 A. I 17 Q. This -- in front of you? 18 Okay. And let me just make sure that If -- I guess go back to do. And I believe Exhibit 23 was the previous 19 drawing that you made concerning "fixed portion" 20 under Motorola's construction. 21 A. Yeah. 22 Q. Do you want to just write at the top 23 clearly, 24 A. "Incorrect." 25 Q. Okay. "incorrect"? All right. I think that's clear. Merrill Corporation - San Francisco 800-869-9132 www.merrillcorp.com/law 152c3502·9b40-4216·a489·beeae633a2b7 ~H CROS 0 F'I' CONF I DEN'I' IAL BUS INE S S I NFORM1W I MARTIN KALISKI, mNJ-~S~UId-:B~J::r.E~CC!'I'±'-''I'~O;)--jP:'-fRo(-I:O:J'-:'I'l'-:tE~C:i':I'I'l'c:!I=-,,\~TE)--I.:OI-±1RH:::D~E,*R Ph.D. - 7/21/2011 Page 425 19 Q. 20 can be downloaded over the air can be considered 21 immediately available for use? 22 A. Is it your opinion that applications that Deluca discloses that. So yes. Merrill Corporation - San Francisco 800-869-9132 www.merrillcorp.com/law 152c3502-9b40-4216-a489-beeae633a2b7

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