Polaris IP, LLC v. Google Inc. et al

Filing 507

RESPONSE in Opposition re 460 MOTION in Limine Number 1 (Uncharted Prior Art References): Motion to Preclude Defendants' Reliance on or Reference to Uncharted Prior Art References (EZ Reader Manual and CBR Express Manuals) and Hearsay MOTION in Limine Number 1 (Uncharted Prior Art References): Motion to Preclude Defendants' Reliance on or Reference to Uncharted Prior Art References (EZ Reader Manual and CBR Express Manuals) and Hearsay MOTION in Limine Number 1 (Uncharted Prior Art References): Motion to Preclude Defendants' Reliance on or Reference to Uncharted Prior Art References (EZ Reader Manual and CBR Express Manuals) and Hearsay filed by AOL, LLC., Google Inc., Yahoo!, Inc.. (Attachments: # 1 Sistos Decl. ISO Defendants' Response, # 2 Branting Decl ISO Defendants' Response, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit)(Sistos, Antonio)

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Polaris IP, LLC v. Google Inc. et al Doc. 507 Att. 10 EXHIBIT F Dockets.Justia.com Confidential - Attorney's Eyes Only Page 1 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION BRIGHT RESPONSE, LLC F/K/A POLARIS IP, LLC, Plaintiff, -vs2:07-CV-371-TJW-CE GOOGLE, INC., et al., Defendants. CONFIDENTIAL - ATTORNEY'S EYES ONLY Videotaped Deposition of ANTHONY ANGOTTI, held at the offices of ACTION REPORTING SERVICE, LLC, Syracuse, New York, on 11/13/2009, before PAMELA PALOMEQUE, Registered Professional Reporter and Notary Public in and for the State of New York. Job No. 225814 Veritext Corporate Services 800-567-8658 973-410-4040 5401 df bc -4d7e-4dfb-9b8e-72f9cd75491 c Confidential - Attorney's Eyes Only Page 50 Page 52 1 Anthony Angotti 50 , 2 Q. Now, I'd like to turn to the EZ Reader product 3 or project. 4 A. Okay. 5 Q. Earlier you said you worked on it from 6 beginning in 1993. 7 A. The project of which that was a part began in 8 1993. 9 Q. Okay. So what I'd like to do is kind of get a 10 timeline of that project and your role in it, so if you 11 could start with 1993, and you can describe what you were 12 doing at that time as it related to EZ Reader.. That's 13 where we can start our timeline. 14 A. In that time frame, one of the areas of focus 15 for the project was knowledge-based applications and to 16 explore how those might be of business value, and so as 17 it relates to EZ Reader, the 1993 time frame was involved 18 with determining how we would go about developing an 19 application such as -- in 1993 we didn't know that one of 20 them would be EZ Reader. I mean -- but the time frame, 21 it was 1993 was, you know, doing a survey of the 22 landscape of what were the available technologies and, 23 you know, doing analyses and figuring out, you know, 24 how -- what was the best way to approach this and that 25 resulted in Brightware being chosen to work with us, so Page 51 2 3 4 5 6 7 Anthony Angotti 52 that, if I'm recollecting correctly. Q. So is it your recollection they were the same company but Brightware was a later name? A. That's the way I recall it. Q. And so is this letter -- well, first of all, were you involved in the decision to get Brightware involved in the work you were doing for Chase? A. Yes, I was. Q. Okay. And were you the person responsible for getting Brightware involved? A. By "responsible," I had management responsibility, yes. It was a team effort to determine which vendor we would use. It wasn't -- the decision to use Inference/Brightware was a team-based decision. I had management responsibility for executing, approving document like this, budget responsibility. Q. Okay. So you didn't personally choose Brightware by yourself? MR. BUSTAMANTE: Objection, form. Q. You approved what others may have done? A. I was part of the evaluation team and I had -you know, part of my evaluation was from a business standpoint to -- to determine -- you know, whichever technology we chose, did this quote, unquote make sense Page 53 1 2 3 Q. 4 5 Anthony Angotti 51 that ' s the early time frame. Since you mentioned Brightware, I'm.going to hand you what was already marked as an exhibit. It was Piccolo 9 at Ms. Piccolo's deposition. 6 A. Okay. 7 (Document handed.) 8 Q. Do you recognize this document? 9 A. Yes. Q. The Anthony Angotti in the signature block, 10 11 that's you? 12 13 14 Q. A. MR. BUSTAMANTE: Objection, form. Do you recall receiving this document? That is my name, yes. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Anthony Angotti 53 for Chase. So usability training programs that they had, ease of use by people. So I was involved in a lot of those aspects, yes. Q. So going back to EZ Reader generally, can you explain what the idea behind the program was? A. Are we speaking specifically about EZ Reader or -- when you say programming, should I apply that broadly, of which EZ Reader was a part, or specifically EZ Reader? Q. That 's fair. Let's say specifically about EZ Reader. A. Would you ask the question again? Q. Can you explain what the idea behind EZ Reader was? 16 17 Q. And in the first sentence it says: Inference 17 18 is pleased to offer to Chase Manhattan a proposal for our 18 19 IBM main frame for ART-IM software? 19 20 A. Hmm, mm. 20 21 Q. Do you know who or what Inference is? 21 22 22 A. Thinking back on it, trying to recall it, 23 Inference was the name of the company that we originally 23 24 started -- that had the software, the ART-IM software, 24 25 and as I recall, the name Brigghtware was subsequent to 25 15 16 Q. A. Do you recall receiving this letter? I recognize the letter. A. The business idea behind EZ Reader was to find a solution that would make it faster and less costly to handle the needs of a business unit and, you know, in the ^yf bank, and so EZ Reader was an idea of a way to help address, you know, part of that business problem of how to handle incoming , you know, messages from customers. Q. Okay. And you mentioned the business problem of handling incoming messages from customers . Can yo describe what problem EZ Reader was trying to solve? A. Yes. You know, kee in in mind the time frame 14 (Pages 50 to 53) Veritext Corporate Services 800-567-8658 973-410-4040 5401 dfbc-4d7e-4dfb-9b8e-72f9cd75491 c Confidential - Attorney's Eyes Only Page 54 Page 56 1 Anthony Angotti 54 2 and what we take as commonplace today just really didn't 3 exist in 1994,95. So, you know, you know, there was a 4 projection that on line banking with customers was, you 5 know, going to involve, you know, electronic messages 6 from customers of which e-mail would be a part, and, you 7 know, trying to put myself in that time frame of what -8 with what we were, you know, thinking but, you know, any 9 kind of message that would come in, you know, 10 electronically, I would -- if we were -- you know, in 11 using what was known then for service, which is a person 12 on the telephone, and projecting volumes for on line if 13 it's that bad. In order to have a viable business, you 14 couldn't very well handle somebody on, you know, 15 electronically, by passing it to a person on the phone to 16 read and then type in a response. So that was the 17 business problem, was, you know, how do we be on line 18 with our customers. 19 Q. So the business problem that EZ Reader was 20 solving was being able to interact with customers on 21 line? 22 23 24 25 MR. BUSTAMANTE: Objection, form. A. The -- the -- you know, one of the business problems was how to handle on-line interaction with customers, broadly stated, you know, of which e-mail is Page 55 1 Anthony Angotti 56 2 that comparison and if a comparison wasn't found, then it 3 wasn't able to be addressed automatically. 4 Q. And the electronic messages that EZ Reader 5 analyzed in this manner, were those e-mail messages? 6 A. Yes, they were. 7 Q. And I guess the known cases that you were 8 describing, were those also e-mails? 9 A. I don't believe that they were exclusively 10 e-mails. It was a knowledge base, so it was the best 11 thinking that we could find. So I would imagine that it 12 would have involved talking to people that answered the 13 phones. 14 Q. Did the EZ Reader analyze any other customer 15 communications other than e-mails. 16 A. Not that I recall. Now -17 Q. Sorry. 18 A. No, not that I recall. 19 Q. Whose idea was what became the EZ Reader 20 product? 21 MR. BUSTAMANTE: Objection, form. 22 A. I believe it was -- for me, I won't -- I'm not 23 able to -- I don't have -- I don't have information that 24 lets me see an individual coming up with the idea alone. 25 I mean, it was part of the team process that we had so it Page 57 1 Anthony Angotti 55 2 one aspect of that. Other forms of, you know, messaging, 3 messages that might come in from a customer , and so the 4 knowledge-based applications group was, you know, tasked 5 with, you know, finding a way to use technology to 6 automate , you know, business processes on behalf of 7 on-line services. 8 Q. Okay. So what was the -- you ' ve described the 9 problem now that EZ Reader was trying to solve. What did 10 the product do? How did it solve that problem? 11 MR. BUSTAMANTE: Objection, form. 12 A. EZ Reader addressed that problem by, you know, 13 being able to do what it was doing then and that was, you 14 know, receive an electronic message from the customer, 15 determine the nature of that -- of that message and 16 respond to that if it could. 17 Q. When you say "if it could," what do you mean 18 by that? 19 A. You know, if it was -- you know, determining 20 if it could was, you know, a part of the, you know, 21 invention of, you know, determining -- determining the 22 content and comparing that to cases that were, you know, 23 known , known a-mails from -- known customer requests and 24 determining if this request was like one that was already 25 resolved and then taking the -- a similar action based on 1 Anthony Angotti 57 2 was a collective idea. Q. Who was the team that was working on 3 4 EZ Reader? 5 A. I don't -- I don't think I can recall every 6 name but the main group that was working on it was Amy 7 Rice, Julie Hsu, Rosanna Piccolo. I was also part of 8 that subteam. That was the main nucleus group that was 9 carried on the day-to-day kind of project. There were to other folks that got involved in the business unit and in 11 the IT, group but, you know, they played very support 12 roles, project management roles. A Connie Lynch was part 13 of the team, not EZ Reader, per se, but she worked 14 closely with Amy, Amy Rice, on a list of projects that we 15 were working on. 16 Q. Do you remember any -- sorry, didn't mean to 17 interrupt. 18 19 20 21 22 23 24 25 A. I don't recall -- one other name that comes to mind that was -- I wouldn't -- would have considered part of the team, so I don't know if it's relevant. Do you want that name? Q. Can you say who that was? A. Janice Browne. That's about as deep as I can dig. Q. Now, I'd like to get an idea what each of 15 (Pages 54 to 57) Veritext Corporate Services 800-567-8658 973-410-4040 5401 dfbc-4d7e-4dfb-9b8e-72f9cd75491 c Confidential - Attorney's Eyes Only Page 182 Page 184 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Anthony Angotti 182 MR. BUSTAMANTE: -- we certainly disagree with your position. We're going to treat this deposition as closed and we can communicate about this afterward. I have no questions at this time, so we're done. I have asked this be attorneys eyes only in light of a couple of the documents, so we'll treat the entire deposition in that manner under the protective order. I think we're off the record. THE VIDEOGRAPHER: Mr. White? MR. WHITE: Same. We've finished our questioning today but we reserve the right to come back if we find there's additional , documents. 1 2 3 4 5 6 184 Anthony Angotti REPORTER'S CERTIFICATE I, PAMELA PALOMEQUE, Court Reporter and Notary Public, certify: That the foregoing proceedings were taken before me at the time and place therein set forth, at which time the witness was put under oath by me; , That the testimony of the witness and all objections made at the time of the examination were recorded stenographically by me and were thereafter transcribed; That the foregoing is a true and correct transcript of my shorthand notes so taken; I further certify that I am not a relative or employee of any attorney or of any of the parties nor financially interested in the action. 7 8 9 10 11 12 13 14 15 16 17 17 18 19 20 21 22 23 24 25 THE VIDEOGRAPHER: Concluded? Having 18 heard the approval of all parties, this 19 concludes the testimony of Anthony A. Angotti. 20 We are off the record November 13th, 2009 approximately 4:09:00 p.m. 21 * * * 22 23 24 25 Page 183 PAMELA PALOMEQUE, RPR CLR Notary Public 1 2 3 ss. Anthony Angotti STATE OF NEW YORK 183 4 5 COUNTY OF ONONDAGA CERTIFICATE OF WITNESS I, ANTHONY ANGOTTI, hereby certify that I have read the foregoing transcript of my deposition taken November 15, 2009, at Syracuse, New York, pursuant to the applicable rules of Civil Procedure, and that the foregoing 182 pages of transcript are in conformity with my testimony given at that time (with the exception of any corrections made by me, in ink, and initialed by me on the attached. errata sheet). i 6 7 8 9 to 11 12 13 14 15 Anthony Angotti 16 17 18 19 20 21 STATE OF NEW YORK COUNTY OF ONONDAGA SUBSCRIBED AND SWORN to before me, the undersigned authority on this the day of 20 Notary Public in and for County, State of New York 22 23 24 25 My Commission Expires 47 (Pages 182 to 184) Veritext Corporate Services 800-567-8658 973-410-4040 5401dfbc-4d7e -4dfb - 9b8e-72f9cd75491c

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