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)

Exhibit 1120

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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
[phone] [e-mail]

16

FOR PLAINTIFF:
17

18

19

ROPES & GRAY LLP
BY: LESLIE M. SPENCER, ESQ.
1211 Avenue of the Americas
New York, NY 10036-8704
[phone] [e-mail]

20

FOR DEFENDANT:
21

22

23

SIDLEY AUSTIN LLP
BY: THEODORE W. CHANDLER, ESQ.
555 West Fifth Street, Suite 4000
Los Angeles, CA 90013
[phone] [e-mail]

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
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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
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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
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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
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152c3502-9b40-4216-a489-beeae633a2b7