PA Advisors, LLC v. Google Inc. et al

Filing 420

MOTION in Limine (Defendant Yahoo! Inc.'s Motions in Limine) by Yahoo! Inc.. (Attachments: #1 Text of Proposed Order, #2 White Declaration, #3 Exhibit 1 (sealed), #4 Exhibit 2 (sealed), #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5 (sealed), #8 Exhibit 6 (filed unsealed and sealed by clerk per atty)(Doan, Jennifer) Modified on 2/24/2010 (sm, ).

PA Advisors, LLC v. Google Inc. et al

Doc. 420 Att. 8

Geller, Ilya [FINAL]
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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 Job No.: 212395 Deposition of ILYA GELLER, taken by and before JOYCE SILVER, a Certified Shorthand Reporter and Notary Public of the State of New York, and, PHILIP GLAUBERSON, Videographer, held at the office of STROOCK, STROOCK & LAVAN, 767 Third Avenue, New York, New York. 16 17 18 19 20 21 22 23 24 25 VS. GOOGLE INC., et al., Defendants. -------------DATE: TIME: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION ---------------------------: PA ADVISORS, LLC, Plaintiff, : : : : : : : : : : August 19, 2009 9:47 a.m. 15 14 13 NO.2:07-CV-480-DF 1 2 3 4 5 6 7 8 9 10 11 12

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WITNESS ILYA GELLER BY MR. CANNON BY MR. FENSTER

INDEX DIRECT CROSS 6 128

REDIRECT 154

RECROSS

EXHIBITS NUMBER DESCRIPTION PAGE Exhibit 16, Patent Purchase agreement, 101 Bates Nos. PA 0001210-22 Exhibit 17, Panel Summary No. 1 119 Exhibit 18, Letter, Bates Nos. Geller 137 031979-91 Exhibit 19, Letter, Bates No. Geller 139 033081 Exhibit 20, Letter, Bates Nos. Geller 140 033083 exhibit 21, Letter, Bates Nos. Geller 140 034109-10 Exhibit 22, Document entitled, "The New 141 Search Technology," Bates Nos. Geller 054521-28 Exhibit 23, E-mail dated 8/27/01, Bates 143 No. Brin 00000001 Exhibit 24, Letter dated 6/14/05 147 Exhibit 25, Documents Bates Nos. PA 152 0001419-1530

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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 HOWREY LLP 321 North Clark Street Chicago, Illinois 60654 BY: JASON C. WHITE, ESQ. ALSO PRESENT: Erich Spangenberg 1 A P P E A R A N C E S: Attorneys for Plaintiff RUSS AUGUST & KABAT 12424 Wilshire Boulevard Los Angeles, California 90025 BY: MARC A. FENSTER, ESQ. Attorneys for Defendant, Google Inc. QUINN, EMANUEL, URQUHART, OLIVER & HEDGES, LLP 555 Twin Dolphin Drive Suite 560 Redwood Shores, California 94065 BY: BRIAN C. CANNON, ESQ. And EUGENE NOVIKOV, ESQ. Attorneys for Defendant Yahoo 2 STIPULATIONS 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IT IS FURTHER STIPULATED AND AGREED that the within examination may be signed and sworn to before any officer authorized to administer an oath or notary public, with the same force and effect as though signed and sworn to before the officer before whom the within deposition was taken. IT IS FURTHER STIPULATED AND AGREED that all objections except as to the form of the question, shall be reserved to the time of the trial. IT IS HEREBY STIPULATED AND AGREED by and between the attorneys for the respective parties hereto that filing and sealing be one and the same are hereby waived.

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PA Advisors v. Google

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Geller, Ilya [FINAL]
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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 ILYA GELLER show that you can recall? A. You need to ask my legal counsels. Ask them. They 1 2 3 4 5 Are there any that you personally can 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 No, I didn't. Is there a reason for that, that you -23 24 25 that. ILYA GELLER about my patent, so that's why I'm unable to answer this question at this time. A. think, yes. Q. I need to read it through so -- but I Most probably, yes. Since our time is limited, perhaps I will

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have all the documents. documents. Q.

They have all the

think of, sitting here today? A. How could I -- I don't remember, but

move on and if you need to review it, obviously you can qualify your answer however you wish, but I'd like -- I'd like to move on, if that's okay. MR. FENSTER: If you're right in the

perhaps among all the documents I gave to my legal counselors, they have something about this. know. I don't

Because -- because I gave them everything and I gave what I

middle of a line of questioning, please finish; but when you get to a convenient stopping place, we will stop for lunch. MR. CANNON: Thank's, Marc. Let's do

I don't remember what I gave to them.

had and I didn't look at this -- this stuff. Q. Why was it that you were trying to

contact, and I think you used the word, lots of people, at that time? A. I told you, I tried to -- to move my -I tried to make --

Just a few more minutes. Q. Mr. Geller, have you heard of a person

called Sergey Brin, the founder of Google? A. Q. A. exhibition. Yes, yes. Have you ever met him in person? My legal counselor said he was at this If he was at this exhibition, I think we

to do something with my company.

to raise money to make a product, to sell the product and all this stuff. Q. that correct? A. Q. But you didn't manage to raise money; is

met because I was the only one who speaks -- who spoke Russian. that time. And, also, Google was not Google at If we have a

It was a small company.

that you could think of?

booth at the same level as I did, we could met.

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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. A. ILYA GELLER I had MS. I couldn't speak English. My 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 It's been a long time 24 25 Brin? A. I have no recollection of it. If he was so. Q. ILYA GELLER Do you have a specific memory of meeting

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English was -- you see right now my English is very bad, but at that time it was much worse. bad. I was in very bad condition. I was very

Mr. Brin at the conference? A. Q. It was 11 years ago. I don't remember.

I didn't have

Have you met Mr. Brin at any point after

strength to follow with the company. Q. Who -- turning to Exhibit 7, who prepared

the conference? A. How could I remember? I -- I don't think

this document? A. Q. A. Q. A. Me. Did you write it? Yes. Did anyone help you? I don't think so. At least -- perhaps

I'm not sure, but, listen, I wasn't -- after the

conference, after year 2000, I became very ill and I didn't. Right. I didn't -- difficult for me to I wasn't able to socialize. Okay. So most

remember these things.

I didn't see a lot of people.

probably -- most probably I did not. Q. Have you ever spoken in person to Sergey

no, the answer is no. Q. Does this document reflect the inventions

or the invention of your patent? MR. FENSTER: Objection to form.

at this exhibition, most -- most probably I did. Q. Who was it that told you that Mr. Brin

I didn't look at this document for a long

time, but I -- I need to read the whole document to see what is it. invention. Listen, I didn't speak about my

was at the conference? A. My legal counsel -- I mean I read about My legal counsel put some

I didn't -- like before this patent,

this on the Internet.

listen, for a long time I -(Speaks Russian.) MR. BERELEKHIS:

document in his blog on the case, and I read that it said that Sergey Brin was at this conference. Q. A. What blog are you referring to? PA Advisors versus Google.

since I remembered anything or recalled anything

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Geller, Ilya [FINAL]
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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. A. Q. A. Q. A. Q. ILYA GELLER Is that a publicly-available blog? It is. And is a reference to Mr. Brin attending 1 2 3 4 5 6 7 8 Yes, because my legal counselors in this 9 10 11 12 13 14 15 16 17 18 19 20 21 I don't 22 23 24 25 them. ILYA GELLER I tried to call Sergey Brin. Q. A. Right.

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Did he ever call you back? No. I tried to call Sergey Brin because You see it was much easier

the trade show on that blog? A. Q. via E-mail? A. It is. Have you ever communicated with Mr. Brin

he -- he speaks Russian.

for me to speak Russian than to speak English and I thought if I would find somebody from the industry, and especially from Google, right. called Sergey Brin by phone. And I remember I

I sent him an E-mail

book (indicating), we found or Sergey Brin gave an E-mail and I saw this E-mail in here (indicating) so I sent him an E-mail. I don't know how I get -- how

and after that, when I was a little bit better, I tried to contact Google -- Google was a big company. I tried to contact him through my lawyer, legal counselor. Q. Back in 2001, other than the E-mail that

I got his E-mail address because if I did not see him, how I did get his E-mail address? him an E-mail. Q. Do you have that E-mail in your files? MR. FENSTER: In mine? Yes. No, no, I don't. Why not? Because I gave a disk to them. Object to form. And I sent

counsel has shown you, do you have any recollection of sending any other E-mails to Sergey Brin? A. It could happen. It could be. I could

You mean at home?

send him more E-mails. Q. A. Do you remember? You need to ask my legal counselors.

They have the disk and it has all the E-mails and if they are able to find something. Q. Do you remember Sergey Brin ever

know -- perhaps they have on the disk. Q. Other than counsel showing you the

responding to your E-mail? A. No. This for sure. Ah, perhaps, yes,

E-mail, do you have a specific memory of sending an

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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 ILYA GELLER E-mail to Mr. Brin? A. You see Google was -- Google was and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Did you 18 19 Right. Right. And he -- I knew he 20 21 22 23 I don't -24 25 ILYA GELLER perhaps he could -- in 1999, he could respond because Google was a -- wasn't -- was a start-up in '99. could respond in '99. have all my archives. archives to see. Q. responding? A. No. Because Sergey Brin was one among Do you have a specific memory of him He

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Google is a very -- it was a company -- I saw a company with a big -- a big potential, so I -- I tried to contact them for the purpose to sell license or somehow to cooperate with them because I saw moving in my direction, in the direction of this patent and I tried to find -- to make -- to build a bridge between what -- it was hard -- okay. It was a

But my legal counselors, they They need to search our

many, many, many, many people and he was a Ph.D. student and he was one among many. billionaire. this stuff. Q. He was not a

difficult time for me, but I tried to contact them because I thought a company with such ambitions and such potential. And, also, I saw Sergey Brin. I

He wasn't the head of Google and all He was just a regular guy then. But you don't specifically remember him

knew he spoke Russian and my English was almost on zero level. So it almost didn't exist at all. I

responding to you? A. No, no. If my legal counselor could find

couldn't speak English.

I spoke English but very bad

English, very bad English. Q. finish? A. I'm sorry, I cut you off.

an E-mail from him, we could find. MR. CANNON: time for a lunch break. MR. FENZTER: Okay. Thank you. This will end I think it would be a good

spoke -- he spoke Russian. Q. When do you recall first trying to

THE VIDEOGRAPHER:

videotape number two of the deposition of Ilya Geller. We are going off the record at approximately

contact Google? A. I'm not sure. 2001, I think this E-mail.

12:36 p.m., August 19, 2009. (Recess taken.)

I don't remember -- I tried to call

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