Northeastern University et al v. Google, Inc.,

Filing 200

Emergency MOTION to Quash Subpoena of Michael Belanger by Jarg Corporation, Northeastern University. (Attachments: # 1 Affidavit Declaration of Robert Schick, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Text of Proposed Order)(Glauser, Nicole)

Northeastern University et al v. Google, Inc.,

Doc. 200 Att. 3

Exhibit 2

Dockets.Justia.com

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION NORTHEASTERN UNIVERSITY and JARG CORP. VS. GOOGLE INC. * * * * * *

Civil Action No. 2:07-CV-486(TJW)

******************************************* ORAL AND VIDEOTAPED DEPOSITION OF KENNETH BACLAWSKI AUGUST 27, 2009 *******************************************

ORAL AND VIDEOTAPED DEPOSITION OF KENNETH BACLAWSKI, produced as a witness at the instance of the Defendant and duly sworn, was taken in the above-styled and numbered cause on the 27th day of August, 2009, from 9:04 a.m. to 5:08 p.m., before MARSHA EVANS, Certified Shorthand Reporter in and for the State of Texas, reported by machine shorthand, at the offices of Vinson & Elkins, 2801 Via Fortuna, Suite 100, Austin, Texas, pursuant to the Federal Rules of Civil Procedure and the provisions stated on the record or attached hereto.

Job No.: 213552

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THE VIDEOGRAPHER: This is the videotaped

deposition of Kenneth Baclawski taken on behalf of the defendant in the matter of Jarg Corp. and Northeastern University versus Google Inc., Civil Action No. 207-CV-486 for the United States District Court, Eastern District of Texas, Marshall Division, held in the offices of Vinson & Elkins, LLP, at 2801 Via Fortuna, Suite 100, Austin, Texas, 78746. The videographer's name is Ian Smith. The court reporter's name is Marsha Evans. beginning of Tape 1. 2009. This is the

Today's deposition is August 27,

We are on the record at approximately 9:05 a.m.

Would counsel please introduce themselves for the record? MR. RYAN: Chris Ryan of Vinson & Elkins

representing Northeastern, Jarg, and the witness. MR. STOUT: Stephen Stout, Vinson &

Elkins, for the plaintiffs. MR. POLLACK: Howard Pollack of Fish &

Richardson, representing Defendant. KENNETH BACLAWSKI, having been first duly sworn, testified as follows: EXAMINATION QUESTIONS BY MR. POLLACK: Q. Good morning, Dr. Baclawski.

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communication with counsel, as it's hard to imagine a communication of expression of concern of this kind that wouldn't be with counsel, and I'm going to instruct the witness not to answer that question. Q. (By Mr. Pollack) Let me ask you -- let me ask

you it this way.

If you read a draft of something that

you -- that was going to be filed in the patent office that you believed was inaccurate, do you believe that you would have pointed that out at the time? A. Q. Yes, I believe I would have. Okay. MR. POLLACK: It's 12:15. Why don't we

go ahead and take our lunch break. THE VIDEOGRAPHER: approximately 12:15. (Lunch recess from 12:14 to 1:01) THE VIDEOGRAPHER: This is the beginning Back on the record. Off the record

of Tape 4, approximately 1:01 p.m. Q. A. Q. (By Mr. Pollack) Good afternoon.

Good afternoon.

Dr. Baclawski, I'd like to ask you some First of all, am I correct

questions now about Jarg.

in understanding you were one of the cofounders of Jarg? A. Yes, I was one of the cofounders.

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period of time you had a consulting role with Jarg; is that correct? A. Yes. I -- I no longer supervised. I could

still do product development, you know, and discuss design, anything else that might be appropriate in the company. Q. I just couldn't supervise or manage. And is that just based on your preexisting

commitments to Northeastern that limited your ability how much time you could do and certain things you could do at Jarg? A. Yes. It's -- the contract specifies the

amount of time I'm allowed to do this, when I'm allowed to do, so it's -- it's all in the -- in the contract. Q. And by contract you mean your contract with

Northeastern? A. That's correct. Contract with Northeastern

University. Q. Sure. Were you ever a member of the board of

directors of Jarg? A. Q. A. Yes. And what period of time were you a director? I was on the board of directors until -- I

think it's the end of 2005, but that's just my recollection right now. So it was during the period of

time from when it was founded until the end of -- I

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believe the end of 2005. Q. And what generally were your responsibilities

as a member of the board of directors at Jarg during that time frame? A. Well, the -- the usual things that boards do. They review the

Meet and -- they meet periodically.

books, review the -- I shouldn't say review the books. At least make sure that the books are properly handled. And -- and meet with senior management. Q. Are you currently a shareholder of Jarg

Corporation? A. Q. Yes, I am. And have you been a shareholder since its

inception? A. Q. Yes. I have founders stock.

Do you know roughly what percentage of the

company's stock you own? A. The last time I checked it was approximately

18 percent, but that could have changed since then because I am no longer on the board. I'm no longer

that active, not active in Jarg Corporation. Q. Are you aware of who the other major

shareholders in Jarg are? A. Belanger. Well, the largest shareholder is Michael

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