Timebase Pty Ltd v. Thomson Corporation, The

Filing 256

Declaration of Jenna J. Bayer in Support of 255 Response, filed by Timebase Pty Ltd. (Attachments: # 1 Exhibit(s) A (Part 1), # 2 Exhibit(s) A (Part 2), # 3 Placeholder for Exhibit B, # 4 Exhibit(s) C)(Hosteny, Joseph)

Download PDF
Exhibit C (Pages from Deposition of Ophir Frieder) to TimeBase’s Response to Defendants’ Motion to Exclude Testimony of Dr. Ophir Frieder 1 1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA 2 3 TIMEBASE PTY LTD., 4 5 6 7 Plaintiff, vs. THE THOMSON CORPORATION, WEST PUBLISHING CORPORATION and WEST SERVICES, INC., 8 Defendants. ) ) ) ) ) No. 07-1687 (JNE/JJG) ) ) ) ) ) ) ) 9 10 11 12 13 14 15 16 17 18 19 20 The deposition of OPHIR FRIEDER, PH.D., called by the Defendants for examination, pursuant to the Federal Rules of Civil Procedure of the United States District Courts pertaining to the taking of depositions, taken before Linda D. Hansen, CSR No. 084.003027, RDR, CRR, a notary public within and for the County of DeKalb and State of Illinois, at 181 West Madison Street, Suite 4600, Chicago, Illinois, on June 13, 2011, commencing at the hour of 9:00 a.m. 21 22 23 24 SONNTAG REPORTING SERVICE, LTD. sonntagreporting.com - 800.232.0265 19 1 A. I would give different examples and 2 would give different justifications in some of the 3 things, but the conclusions are correct. 4 Q. And you didn't submit any supplemental 5 written report on infringement prior to your 6 deposition today; is that correct? 7 A. Could you rephrase that, please? 8 Q. Yes. 9 10 You didn't submit any supplemental written report on infringement prior to your deposition today; is that correct? 11 A. After this report, no, I did not. 12 Q. Do you know approximately how many 13 hours you spent preparing your infringement 14 report, which is Frieder Exhibit 1? 15 16 A. with me. 17 Many. Okay. I don't have my calendar So I can't give you exact count. But, again, the problem with that 18 question is that I read lots of documents. 19 -- looked over significant amounts of reports and 20 then we spent -- then I spent a lot of time 21 looking over this report and drafting this report 22 and cutting and pasting screen shots and the like. 23 So that all totals a fair amount of time to put it 24 together. SONNTAG REPORTING SERVICE, LTD. sonntagreporting.com - 800.232.0265 I read 20 1 So if you ask me more how -- 2 specifically, I may be able to try to get you a 3 little better answer. 4 Q. Well, as you sit here today, can you 5 give an estimate of how many hours you spent 6 preparing your infringement report, Exhibit 1? 7 A. I had help. I didn't do all the -- the 8 cutting of the screens and putting it down, and 9 there were -- I drafted the report, but I had a 10 lot of assistance. 11 So I would say a week, on top of 12 all the other reading and preparation and learning 13 and knowledge. 14 together. 15 16 Q. This is just putting this thing Do you know how much total time you spent working on this case? 17 A. Could you give me an order of magnitude 18 you're looking for? 19 better answer. I may be able to give you a 20 Q. 50 hours, a hundred hours, 150 hours? 21 A. More. 22 Q. Okay. Do you know how many -- have -- 23 have you submitted bills for your time in this 24 case? SONNTAG REPORTING SERVICE, LTD. sonntagreporting.com - 800.232.0265 255 1 these patents, no, I have not provided any 2 assessment in these reports on the TimeBase system 3 of any form. 4 Q. Okay. Including whether any of the 5 TimeBase patents are covered by any of the claims 6 of '592 or the '228 patents; correct? 7 done that? 8 MR. HOSTENY: 9 A. You haven't Foundation. I haven't written any report, neither 10 -- in either of the two reports, any commentary, 11 on anything to do with TimeBase's and this patent. 12 So the answer to your question is, no, I have not 13 written such a report. 14 didn't do it. 15 BY MR. LITSEY: 16 Q. I wasn't asked to, and I Dr. Frieder, during the deposition 17 today, your counsel graciously provided some 18 information saying that before today, you had 19 spent 297 hours working on this case. 20 21 Does that sound about right to you? 22 A. I don't think that's what my counselor 23 said. 24 billed for 297 hours. I think my counsel said that I basically SONNTAG REPORTING SERVICE, LTD. sonntagreporting.com - 800.232.0265 256 1 Q. Okay. Okay. So just to be clear, 2 you've -- before today, you've billed TimeBase for 3 297 hours of your time for working on this case; 4 is that right? 5 A. The number -- okay. 6 accurate. 7 Let me be plausible number. The number to me sounds like a 8 9 I didn't give this number. number was given to you by my counsel. This I would 10 guess that my counsel added up the bills and gave 11 you the number of hours, but if my counsel -- to 12 me the number sounds right, but if my counsel made 13 an error, then it's my counsel's problem, not 14 mine. 15 16 17 18 19 THE WITNESS: Sorry, Joe. BY MR. LITSEY: Q. Okay. Have you been paid for all of those 297 hours that you've worked on this case? A. Have I been paid for all the -- the 297 20 hours' work -- paid for this case? 21 home in a couple days, and usually Allison sends 22 the checks home. 23 24 I haven't been So in short, I get paid very quickly. So if I didn't get paid yet, I would get SONNTAG REPORTING SERVICE, LTD. sonntagreporting.com - 800.232.0265

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?