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)
Exhibit C
(Pages from Deposition of Ophir Frieder)
to
TimeBase’s Response to Defendants’
Motion to Exclude Testimony of Dr. Ophir Frieder
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MINNESOTA
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TIMEBASE PTY LTD.,
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Plaintiff,
vs.
THE THOMSON CORPORATION,
WEST PUBLISHING
CORPORATION and WEST
SERVICES, INC.,
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Defendants.
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) No. 07-1687 (JNE/JJG)
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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.
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SONNTAG REPORTING SERVICE, LTD.
sonntagreporting.com - 800.232.0265
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A.
I would give different examples and
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would give different justifications in some of the
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things, but the conclusions are correct.
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Q.
And you didn't submit any supplemental
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written report on infringement prior to your
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deposition today; is that correct?
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A.
Could you rephrase that, please?
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Q.
Yes.
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You didn't submit any
supplemental written report on infringement prior
to your deposition today; is that correct?
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A.
After this report, no, I did not.
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Q.
Do you know approximately how many
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hours you spent preparing your infringement
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report, which is Frieder Exhibit 1?
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A.
with me.
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Many.
Okay.
I don't have my calendar
So I can't give you exact count.
But, again, the problem with that
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question is that I read lots of documents.
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-- looked over significant amounts of reports and
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then we spent -- then I spent a lot of time
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looking over this report and drafting this report
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and cutting and pasting screen shots and the like.
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So that all totals a fair amount of time to put it
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together.
SONNTAG REPORTING SERVICE, LTD.
sonntagreporting.com - 800.232.0265
I read
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So if you ask me more how --
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specifically, I may be able to try to get you a
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little better answer.
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Q.
Well, as you sit here today, can you
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give an estimate of how many hours you spent
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preparing your infringement report, Exhibit 1?
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A.
I had help.
I didn't do all the -- the
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cutting of the screens and putting it down, and
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there were -- I drafted the report, but I had a
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lot of assistance.
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So I would say a week, on top of
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all the other reading and preparation and learning
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and knowledge.
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together.
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Q.
This is just putting this thing
Do you know how much total time you
spent working on this case?
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A.
Could you give me an order of magnitude
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you're looking for?
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better answer.
I may be able to give you a
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Q.
50 hours, a hundred hours, 150 hours?
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A.
More.
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Q.
Okay.
Do you know how many -- have --
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have you submitted bills for your time in this
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case?
SONNTAG REPORTING SERVICE, LTD.
sonntagreporting.com - 800.232.0265
255
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these patents, no, I have not provided any
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assessment in these reports on the TimeBase system
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of any form.
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Q.
Okay.
Including whether any of the
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TimeBase patents are covered by any of the claims
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of '592 or the '228 patents; correct?
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done that?
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MR. HOSTENY:
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A.
You haven't
Foundation.
I haven't written any report, neither
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-- in either of the two reports, any commentary,
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on anything to do with TimeBase's and this patent.
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So the answer to your question is, no, I have not
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written such a report.
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didn't do it.
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BY MR. LITSEY:
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Q.
I wasn't asked to, and I
Dr. Frieder, during the deposition
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today, your counsel graciously provided some
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information saying that before today, you had
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spent 297 hours working on this case.
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Does that sound about right to
you?
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A.
I don't think that's what my counselor
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said.
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billed for 297 hours.
I think my counsel said that I basically
SONNTAG REPORTING SERVICE, LTD.
sonntagreporting.com - 800.232.0265
256
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Q.
Okay.
Okay.
So just to be clear,
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you've -- before today, you've billed TimeBase for
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297 hours of your time for working on this case;
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is that right?
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A.
The number -- okay.
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accurate.
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Let me be
plausible number.
The number to me sounds like a
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I didn't give this number.
number was given to you by my counsel.
This
I would
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guess that my counsel added up the bills and gave
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you the number of hours, but if my counsel -- to
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me the number sounds right, but if my counsel made
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an error, then it's my counsel's problem, not
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mine.
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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
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hours' work -- paid for this case?
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home in a couple days, and usually Allison sends
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the checks home.
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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
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