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 908

In The Matter Of:
MOTOROLA MOBILITY, INC.
v.
MICROSOFT CORPORATION
___________________________________________________

MARTIN KALISKI, Ph.D. - Vol. 1
July 20, 2011
___________________________________________________

MICROSOFT
CONFIDENTIAL BUSINESS INFORMATION
SUBJECT TO PROTECTIVE ORDER

MICROSOFT CONFIDENTIAL BUSINESS INFORMATION - SUBJECT TO PROTECTIVE ORDER

MARTIN KALISKI, Ph.D. - 7/20/2011
Page 205
13:32:59

1

MS. SIMS:

13:33:00

2

MS. SPENCER:

13:33:01

3

13:33:06

4

13:33:08

5

discussed in the '899 patent is referring to what's

13:33:12

6

added to the body of the e-mail.

13:33:15

7

13:33:17

8

the text portion, or how -- what are you

13:33:22

9

distinguishing?

13:33:25

10

A.

When you get an e-mail --

13:33:26

11

Q.

Right.

13:33:26

12

A.

-- there's a header and then there's the

13:33:30

13

message.

13:33:31

14

Q.

Mm-hmm.

13:33:31

15

A.

Which could be text, could be graphics,

13:33:33

16

could be anything.

13:33:36

17

that's the delta.

13:33:38

18

Q.

Okay.

13:33:44

19

A.

I do not believe the embodiment of the

13:33:46

20

patent focuses on that.

13:33:50

21

Q.

13:33:52

22

information anywhere?

13:33:58

23

A.

13:34:00

24

search the patent.

13:34:04

25

Q.

To the extent what?
You're asking for

construction of the term.
THE WITNESS:

MS. SIMS:

Q.

I believe the delta as

And by "body," do you mean

What part of it is not the body?

It's what I'm adding to that

So it does not include the header?

Does the '899 patent discuss header

That I'm not sure about.

I'd have to go

If you look at the '899 patent, in column

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d6596836-86e9-4cd3-8b8c-559073ffd75e

MICROSOFT CONFIDENTIAL BUSINESS INFORMATION - SUBJECT TO PROTECTIVE ORDER

MARTIN KALISKI, Ph.D. - 7/20/2011
Page 243
14:34:48

1

and an accompanying message specifying the intended

14:34:51

2

destination."

14:34:56

3

MS. SPENCER:

Objection to form.

14:35:24

4

THE WITNESS:

Excuse me just one moment.

14:35:28

5

MS. SIMS:

14:35:29

6

(Pause.)

14:35:38

7

THE WITNESS:

14:35:39

8

14:35:40

9

14:35:41

10

different than an e-mail?

14:35:45

11

A.

14:35:49

12

It was never intended to be an e-mail, and as

14:35:52

13

Dr. Stubblebine has gone to great pains to explain

14:35:55

14

in his non-infringement report on the '899 patent,

14:35:58

15

e-mails have to have a certain header and a certain

14:36:02

16

format and have to subscribe to certain standards,

14:36:07

17

and Morgan discloses none of that.

14:36:09

18

Q.

14:36:12

19

definition of "e-mail"?

14:36:14

20

A.

14:36:16

21

being totally inconsistent in his claim construction

14:36:20

22

between his infringement analysis and his invalidity

14:36:24

23

analysis.

14:36:24

24

Q.

14:36:27

25

does Morgan disclose e-mail?

Does Morgan transmit messages?

Sure.

Morgan discloses

transmitting a message, yes.
MS. SIMS:

Q.

How is that message

Well, it's a message.

It's not an e-mail.

Do you agree with Dr. Stubblebine's

No, I don't.

But I do feel that he's

So under your understanding of e-mail,

Merrill Corporation - San Francisco
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d6596836-86e9-4cd3-8b8c-559073ffd75e

MICROSOFT CONFIDENTIAL BUSINESS INFORMATION - SUBJECT TO PROTECTIVE ORDER

MARTIN KALISKI, Ph.D. - 7/20/2011
Page 244
14:36:28

1

A.

No.

14:36:29

2

Q.

Why not?

14:36:30

3

A.

It's not an e-mail.

14:36:32

4

Q.

What would make the message in Morgan an

14:36:34

5

e-mail?

14:36:39

6

A.

14:36:41

7

what it is that makes an e-mail an e-mail.

14:36:44

8

something that can be sent, replied to, forwarded,

14:36:49

9

that has a body, that has some kind of address on

14:36:52

10

it.

14:36:58

11

do not view Morgan as an e-mail system.

14:37:00

12

Q.

14:37:24

13

server notifies the users that a document is waiting

14:37:27

14

for them on a server?

14:37:31

15

A.

14:37:34

16

MS. SPENCER:

Page 16.

14:37:36

17

THE WITNESS:

You said what on 45?

14:37:42

18

14:37:46

19

14:37:48

20

there is a notification to users that a document has

14:37:52

21

been directed to them and is waiting at the server?

14:37:55

22

A.

Yes.

14:37:56

23

Q.

How does the user obtain the e-mail that

14:38:00

24

is waiting for them at the server?

14:38:03

25

You're really asking the basic question of
And it's

But nowhere in Morgan is e-mail disclosed.

okay.

Okay.

I

In paragraph 45, you say that the

Forty-five?

Oh,

You said -- what's the question?
MS. SIMS:

Q.

MS. SPENCER:

You see where it says that

Objection to form, and

Merrill Corporation - San Francisco
800-869-9132
www.merrillcorp.com/law

d6596836-86e9-4cd3-8b8c-559073ffd75e