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

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