PA Advisors, LLC v. Google Inc. et al

Filing 465

Additional Attachments to Main Document: #460 Response in Opposition to Motion,.. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E)(Anderson, Patrick)

PA Advisors, LLC v. Google Inc. et al

Doc. 465 Att. 3

EXHIBIT D

Dockets.Justia.com

HIGHLY CONFIDENTIAL-ATTORNEYS' EYES ONLY 160 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
HIGHLY CONFIDENTIAL-ATTORNEYS' EYES ONLY Continued videotaped deposition of ILYA GELLER, taken by Defendants, pursuant to Subpoena, held at the offices of Stroock Stroock and Lavan, Esqs., 767 Third Avenue, New York, New York, before Jineen Pavesi, a Registered Professional Reporter, Registered Merit Reporter, Certified Realtime Reporter and Notary Public of the State of New York. Job No: 231094 GOOGLE, INC., et al., Defendants. -----------------------------------x December 16, 2009 10:15 a.m. - against IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION Case No. 2:07-CV-480-DF -----------------------------------x PA ADVISORS, LLC, Plaintiff, 10:15:59AM

Veritext Corporate Services 800-567-8658 973-410-4040

HIGHLY CONFIDENTIAL-ATTORNEYS' EYES ONLY
313
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

315
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

GELLER - ATTORNEYS' EYES ONLY A. December or November, it 03:39:59PM depends, I published three articles, I 03:40:02PM don't remember which one in particular is 03:40:04PM this one. 03:40:08PM Articles were published at the 03:40:08PM end of 1999 and at the beginning of 2000. 03:40:10PM Q. What's described in Exhibit 54? 03:40:18PM A. Pardon me? 03:40:22PM Q. What is described in this 03:40:23PM exhibit. 03:40:24PM MR. FENSTER: Object to form. 03:40:25PM A. The same general approach, 03:40:26PM without the details, just the idea. 03:40:32PM Q. And again, that's the idea of 03:40:33PM the '067 patent? 03:40:36PM A. Yes, the general idea. 03:40:37PM MR. FENSTER: Object to form. 03:40:40PM Q. Can you tell me what a triad 03:40:41PM is? 03:40:43PM A. Segment. 03:40:43PM THE WITNESS: I'm tired. 03:41:00PM MR. FENSTER: Do you need a 03:41:03PM break? 03:41:03PM THE WITNESS: Can we finish 03:41:04PM

GELLER - ATTORNEYS' EYES ONLY it, I don't remember and I am not sure. 03:43:01PM Q. What was the purpose for 03:43:05PM preparing Exhibit 55? 03:43:06PM MR. FENSTER: Object to form. 03:43:08PM A. I tried to raise money and I 03:43:10PM asked Etkin to write what I could put at 03:43:14PM the site so people would come and be able 03:43:21PM to read and decide to invest. 03:43:24PM Q. Did you review Exhibit 55 after 03:43:27PM Mr. Etkin prepared it? 03:43:29PM A. It was a long time ago, I don't 03:43:34PM remember. 03:43:35PM Q. Would it have been important at 03:43:35PM the time that this was created for it to 03:43:37PM be accurate in terms of describing what's 03:43:38PM in the '067 patent? 03:43:41PM MR. FENSTER: Object to form. 03:43:44PM A. Not at all. 03:43:45PM Q. That would not have been 03:43:47PM important for it to be accurate? 03:43:48PM MR. FENSTER: Object to form. 03:43:51PM A. No. 03:43:52PM Q. Why not? 03:43:52PM A. Because I asked him to write 03:43:55PM

314
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

316
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

GELLER - ATTORNEYS' EYES ONLY this. 03:41:05PM MR. FENSTER: Jason, how much 03:41:08PM longer do you have? 03:41:09PM MR. WHITE: I said I would try 03:41:13PM to get it in 30 minutes. 03:41:15PM THE WITNESS: Okay, let's go 03:41:18PM on. 03:41:19PM I will try to answer your 03:41:28PM questions. 03:41:29PM Q. I am showing you what we marked 03:41:51PM as Defendants' Exhibit 55, Geller 03:41:53PM Production Nos. 33540 through 33543. 03:42:04PM (Defendants' Exhibit 55, Geller 03:42:18PM Production Nos. 33540 through 33543, was 03:42:18PM marked for identification, as of this 03:42:18PM date.) 03:42:19PM A. Ask. 03:42:19PM Q. What is this? 03:42:19PM A. Etkin wrote it for his site 03:42:20PM Lexiclone. 03:42:24PM Q. Does Exhibit 55 describe the 03:42:34PM technology that is in the '067 patent? 03:42:36PM MR. FENSTER: Object to form. 03:42:53PM A. I am not sure, I need to read 03:42:59PM

GELLER - ATTORNEYS' EYES ONLY something in general terms so people 03:44:02PM without special knowledge could 03:44:07PM understand, so something rough, something 03:44:12PM like a sketch, a sketch, general 03:44:15PM description. 03:44:20PM I don't remember what he wrote; 03:44:20PM Edward is a lawyer, right, I ask him to do 03:44:27PM his job, to write something with these, 03:44:30PM what is the word, flawless from a legal 03:44:40PM point of view. 03:44:48PM Q. So when you asked Mr. Etkin to 03:44:49PM prepare Exhibit 55, did you expect he 03:44:50PM would accurately describe what was in the 03:44:54PM '067 patent? 03:44:56PM A. No. 03:44:56PM MR. FENSTER: Object to form. 03:44:57PM A. No, I didn't. 03:44:58PM Q. You expected his description 03:45:01PM would not be accurate, is that what you're 03:45:03PM telling me? 03:45:04PM MR. FENSTER: Object to form. 03:45:05PM A. I didn't expect, but I didn't 03:45:06PM ask him; I paid for this, I paid him to 03:45:08PM write this. 03:45:13PM

40 (Pages 313 to 316) Veritext Corporate Services 800-567-8658 973-410-4040