Polaris IP, LLC v. Google Inc. et al

Filing 515

RESPONSE to Motion re 444 MOTION in Limine 6 (joint) MOTION IN LIMINE NO. 6: MOTION TO EXCLUDE EVIDENCE AND ARGUMENT THAT ALLEN DOES NOT DISCLOSE A "NON-INTERACTIVE ELECTRONIC MESSAGE" filed by Bright Response LLC. (Attachments: # 1 DECLARATION, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Weiss, Andrew)

Polaris IP, LLC v. Google Inc. et al

Doc. 515 Att. 4

EXHIBIT C

Dockets.Justia.com

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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.

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BRADLEY ALLEN

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do-action step."

Those two lines, again, describe an

automatic process that does not imply interactivity. Q Does -- so you're saying that your

interpretation of that is that it describes an automatic process. Does it say that it's automatic and that it's

noninteractive? A It says that the inference engine does it. The

inference engine is a program. Q Your interpretation of that is that that means

that it's noninteractive? A Q Correct. But you agree it does not say that explicitly? MR. ROOKLIDGE: THE WITNESS: Objection to form. If I put the -- if the word

"automatic" had been put in there, it would say it explicitly, but in my opinion, this is -- anybody reading this would interpret this as basically stating that this is an automated process. BY MR. FENSTER: Q Okay. It could have said "without further

input from the user"; correct? A Q Yes. It doesn't say that in any of the paragraphs

that you identified; correct? A Correct.

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BRADLEY ALLEN

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Q

In fact, all of the paragraphs that you've

identified so far describe interaction with the user to obtain further -- strike that. In all of the paragraphs you've identified so far, they all describe the preferred embodiment in which the user provides additional information; correct? MR. ROOKLIDGE: THE WITNESS: Object to the form. The -- not this last paragraph

that we discussed starting at line 11 in column 4. BY MR. FENSTER: Q Okay. What I said is true of all the other

paragraphs that you've identified previously? MR. ROOKLIDGE: THE WITNESS: BY MR. FENSTER: Q So so far, I've asked you to identify all of Object to the form. Yes.

the -- all of the disclosure in the specification that you say supports the disclosure of a noninteractive -of processing a noninteractive electronic message; correct? A Q A Can I ask for clarification? Go ahead. When you say "specification," are we talking

specifically the section of the description of preferred embodiment?

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BRADLEY ALLEN

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Q

Okay.

So the patent generally is comprised of

a specification and the claims? A Okay. MR. ROOKLIDGE: BY MR. FENSTER: Q So what I was referring to in my question Object to the form.

regarding the specification is the part of the patent up to the claims. A Q Yes. Okay. So are there any other parts of the Do you understand that?

specification that you think explicitly disclose that the message can be noninteractive? MR. ROOKLIDGE: THE WITNESS: BY MR. FENSTER: Q A Go ahead. We can go through them one by one. The -- for Object to the form. Yes.

example, in column 4, in the paragraph starting on line 31: "Each case may be manipulated as a software

object in the inference engine software environment." And then it goes on to describe the way in which cases might be represented in terms of attributes and values and so forth. The act of manipulating that as a

software object is -- is something that is automatic. Q There's no disclosure that the -- in this

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BRADLEY ALLEN