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)

Polaris IP, LLC v. Google Inc. et al

Doc. 507 Att. 27

EXHIBIT W

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 vs.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION

BRIGHT RESPONSE, LLC, Plaintiff,

GOOGLE, INC., et al., Defendants. ---------------------------

) ) ) ) ) ) ) ) ) )

Civil Action No. 2:07-CV-371-CE

DEPOSITION OF BRADLEY ALLEN, taken on behalf of plaintiff, at 12424 Wilshire Boulevard, 12th Floor, Los Angeles, California, Wednesday, July 21, 2010, commencing at 12:06 p.m., before Susan Edwards, Certified Shorthand Reporter No. 13051.

2
BRADLEY ALLEN

12:09 12:09 12:09 12:09 12:10 12:10 12:10 12:10 12:10 12:10 12:10 12:10 12:10 12:10 12:10 12:10 12:10 12:10 12:10 12:10 12:11 12:11 12:11 12:11 12:11

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

BY MR. FENSTER: Q A When? Having trouble recalling the exact date, but I

believe it was in March. Q A Q And that's March of 2010, this year? Yes. And what did Mr. Yovits say to you when he

contacted you? MR. ROOKLIDGE: MR. FENSTER: THE WITNESS: Object to the form. You may answer. That there was a case pending

that the patent I was inventor on was relevant to and that they were looking for information to clarify some of the, you know, things involved in and around the patent. BY MR. FENSTER: Q What did -- can you tell me, to the best that

you recall, the entire conversation that you had with Mr. Yovits? A It really basically was that there was this

ongoing case that the particular patent that I had -that I was a co-inventor on was involved. They were

specifically looking for additional documents to -- that were referenced in that patent, and they were looking for records or copies of those documents.

8
BRADLEY ALLEN

12:11 12:11 12:11 12:11 12:11 12:11 12:11 12:11 12:11 12:11 12:12 12:12 12:13 12:13 12:13 12:13 12:13 12:13 12:13 12:13 12:13 12:13 12:13 12:13 12:13

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 for?

Q

What documents specifically were they looking

A

The CBR Express Reference Manual, CBR Express

User's Guide and the ART-IM Reference Manual. Q You said that these were all documents that

were referenced in your patent; is that correct? A Yes. (Plaintiff's Exhibit 2 was marked for identification and is attached hereto.) BY MR. FENSTER: Q Let me hand you what's been marked as Allen And this is the

Exhibit 2, US Patent No. 5,581,664.

patent number on which you're the co-inventor that you're referring to; correct? A Q Yes. And if you turn to column 10 of Exhibit 2 at

line 42, there's a reference to a CBR Express User's Guide. A Q Do you see that? Yes. Is that the CBR Express User's Guide that

Mr. Yovits was asking you to find? A Q A Q Yes. And were you able to find that document? No. And where is the -- and there's also a

9
BRADLEY ALLEN

12:13 12:13 12:14 12:14 12:14 12:14 12:14 12:14 12:14 12:14 12:14 12:14 12:14 12:14 12:14 12:14 12:14 12:15 12:15 12:15 12:15 12:15 12:15 12:15 12:15

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

reference in this patent to the reference manual, the CBR Express Reference Manual; is that right? there? A Q Looking for the specific. Strike that. You said that Mr. Yovits asked you to find a CBR Express Reference Manual; is that right? A Q Yes. Okay. Is that reference manual -- was that Or is

expressly referenced in your patent? A Q I don't know. Okay. Were you able to find the CBR Express

Reference Manual that Mr. Yovits asked you to find? A No. I did identify somebody who might have a

copy at the time. Q A Okay. But I do -- I did not have one and do not have

one at hand. Q Okay. Who did you identify who might have a

copy of CBR Express Reference Manual? A Q A Q Manual? Bruce Clayton. Did you contact Mr. Clayton? Yes. Did he have a copy of the CBR Express Reference

10
BRADLEY ALLEN

12:15 12:15 12:15 12:15 12:15 12:16 12:16 12:16 12:16 12:16 12:16 12:16 12:16 12:16 12:16 12:16 12:16 12:16 12:16 12:16 12:16 12:16 12:16 12:16 12:16

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

A Q

Yes. Did he have a copy of the CBR Express User's

Guide that's referenced at column 10 of Exhibit 2? A Q Yes. And at column 3 of Exhibit 2 there's a

reference to an ART-IM Reference Manual. Do you see that, column 3, line 18? A Q Yes. Is that the ART-IM Reference Manual that

Mr. Yovits asked you to find? A Q A Q A Yes. And did you have a copy of that? No. Did you -- were you able to find it somehow? No. I mean, the conversation I had with Bruce

Clayton indicated that he had a copy, but I did not find one myself. Q A Q A Okay. And did Mr. Clayton have a copy?

I believe so. Okay. Who is Mr. Clayton?

He is a person who was an employee at Inference

at the time that work was going on with CBR Express and with ART-IM and before. Q A Where is Mr. Clayton? In Mariposa, California.

11
BRADLEY ALLEN

12:17 12:17 12:17 12:17 12:17 12:17 12:17 12:17 12:17 12:17 12:17 12:17 12:17 12:17 12:17 12:17 12:17 12:18 12:18 12:18 12:18 12:18 12:18 12:18 12:18

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Q A Q

And did you disclose Mr. Clayton to Mr. Yovits? I did. Did you personally talk with Mr. Clayton about

this case? A I did. Well, let me amend that, if I might. I

mentioned that we were looking for copies of the manuals. Q I did not discuss this case specifically. Okay. Did you discuss anything -- anything

about this case other than the -- these manuals with Mr. Clayton? A Q A No. When did you contact Mr. Clayton? That would have been around the time of the

first contact with Mr. Yovits, March. Q A Q In March of 2010? Yes. When did -- and what was -- what contact -- can

you describe the interaction you had with Mr. Clayton? A Just looking -- "Is it possible for you to

place your hands on copies of the manuals?" Q Okay. Did you ask about -- did you ask him to

provide all copies of any versions that he had? A Q manuals? No. You just asked him for a copy of -- of those

12
BRADLEY ALLEN

12:18 12:18 12:18 12:18 12:18 12:18 12:18 12:18 12:18 12:19 12:19 12:19 12:19 12:19 12:19 12:19 12:19 12:19 12:19 12:19 12:19 12:19 12:19 12:19 12:19

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

A

I asked him if he had copies of the manuals

available. Q Okay. Did you have any discussion with him

about which versions he would be giving you? A Q No. Did you have any discussions with Mr. Clayton

about when the manuals that he had were produced? A Q No. What I mean by that is when they were written,

what the copyright date was. A Q No. Did you have any discussions with Mr. Clayton

about whether the manuals that he gave you were the ones specifically referenced in your patent? A He didn't give me any manuals. So we didn't

discuss that, and we did not have a discussion about the reference in the patent. Q Okay. Did you ultimately get any manuals from

Mr. Clayton? A Q A No. Did he tell you where to find them? He said that he had copies of the CBR Express

manuals and maybe the ART-IM manual. Q A Okay. And did -- and then what did you do?

After that, I really didn't follow up.

13
BRADLEY ALLEN

12:19 12:19 12:19 12:19 12:19 12:19 12:19 12:20 12:20 12:20 12:20 12:20 12:20 12:20 12:20 12:20 12:20 12:20 12:20 12:20 12:20 12:20 12:20 12:20 12:20

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

Q

Okay.

So you didn't ask him for a copy of

those manuals? A Q Correct. Do you know whether those manuals were ever

provided to anyone? A Q No. And did you provide Mr. Clayton's contact

information to Mr. Yovits? A Q No. So you told Mr. Yovits about Mr. Clayton, but

you didn't disclose -- you didn't tell him his contact information? A Q Correct. Okay. What did you tell Mr. Yovits about

Mr. Clayton? A That he was the person who was responsible for

documentation at the time, that he may have copies of the manuals available. Q Okay. So you haven't seen -- since you were --

since you were first contacted by Mr. Yovits in this case, have you seen the CBR Express User's Guide? A Q A Yes. Okay. And have you seen the reference manual? They

I've seen pieces of the reference manual.

were provided to me.

14
BRADLEY ALLEN

12:20 12:20 12:20 12:21 12:21 12:21 12:21 12:21 12:21 12:21 12:21 12:21 12:21 12:21 12:21 12:21 12:21 12:21 12:21 12:22 12:22 12:22 12:22 12:22 12:22

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you?

Q A Q

And who did -- who provided those to you? Mr. Yovits. When did Mr. Yovits provide the user's guide to

A

That would have been, I guess, June 20th [sic],

which is the date of the declaration, if I'm not mistaken. Q Did he also provide the reference manual or the

pieces of the reference manual at that time? A Q Yes. And do you know how Mr. Yovits got the

documents that he provided to you? A Q Manual? A Q A Q No. Did Mr. Clayton say he had a copy of that? I believe he said he was going to look for one. After your initial contact with Mr. Clayton No. Have you seen a copy of the ART-IM Reference

where he said -- that you described, did you have any further follow up with Mr. Clayton? A Q call? A No. No. Have you spoken with Mr. Clayton since that

15
BRADLEY ALLEN