Mirror Worlds, LLC v. Apple, Inc.

Filing 160

CLAIM CONSTRUCTION RESPONSE BRIEF re: #151 Mirror Worlds' Claim Construction Brief, filed by Apple Inc. (Attachments: #1 Decl. of Stefani C. Smith ISO Apple's Brief, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L)(Smith, Stefani) Modified on 1/11/2010 (mll, ).

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Mirror Worlds, LLC v. Apple, Inc. Doc. 160 Att. 12 DAVID GELERNTER November 5, 2009 Page 233 UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT EASTERN DIVISION OF TEXAS TYLER DIVISION ----------------------------) MIRROR WORLDS, LLC ) Plaintiff(s), ) VS ) Action No. ) 6:08 CV 88 LED APPLE, INC. ) Defendant(s). ) ----------------------------) VOLUME II Pages 233 - 380 VIDEO DEPOSITION OF DAVID GELERNTER DATE: November 5, 2009 HELD AT Omni Hotel 155 Temple Street New Haven, CT --- Reporter: JENNY C. EBNER, RPR/LSR 00030 BRANDON SMITH REPORTING SERVICES, LLC 44 Capitol Avenue Hartford, CT. 06106 860.549.1850 860.852.4589 Six Landmark Square Stamford, CT. 06901 203.316.8591 860.852.4589 Merrill Legal Solutions (800) 869-9132 Dockets.Justia.com DAVID GELERNTER November 5, 2009 Page 234 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 Merrill Legal Solutions (800) 869-9132 ALSO IN ATTENDANCE: LISA MARIE SCHULL REPRESENTING THE DEFENDANT: WEIL, GOTSHAL & MANGES, LLP 201 Redwood Shores Parkway Redwood Shores, CA 94065 650.802.3126 steven.cherensky@weil.com By: STEVEN CHERENSKY, ESQ. APPEARANCES: REPRESENTING THE PLAINTIFF: STROOCK & STROOCK & LEVAN, LLP 180 Maiden Lane New York, NY 10038-4982 212.806.5984 ran@stroock.com By: RICHARD H. AN, ESQ. KENNETH STEIN, ESQ. DAVID GELERNTER November 5, 2009 Page 235 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 Merrill Legal Solutions (800) 869-9132 TAPES Videotape Number 1 Videotape Number 2 Videotape number 3 * Exhibits returned with transcript * INDEX EXAMINATION WITNESS NAME PAGE DAVID GELERNTER Direct By Mr. Cherensy .................. 238 EXHIBITS Exhibit Gelernter Gelernter Gelernter Gelernter Gelernter Gelernter Gelernter Gelernter Gelernter Gelernter Gelernter Gelernter Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit 4 Presented to Witness 20 Marked for ID 21 Marked for ID 22 Marked for ID 23 Marked for ID 24 Marked for ID 25 Marked for ID 26 27 28 29 30 Marked Marked Marked Marked Marked TAPES Page 236 297 338 for for for for for ID ID ID ID ID Page 243 253 260 262 308 309 342 348 355 364 371 372 DAVID GELERNTER November 5, 2009 Page 285 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 Lifestream concept could be implemented; isn't that right? MR. AN: Objection; form. Again, there is a big THE WITNESS: difference between a client server architecture and enterprise management system, which implies a client server architecture. As I said -- I said the client server architecture was not inconsistent with our view of this patent. I didn't I recall that we stated it explicitly. stand by exactly what I said, it's not inconsistent with this view, but client server doesn't imply enterprise information systems. BY MR. CHERENSKY: Q Would you agree client server is disclosed -- client server architecture is disclosed in your 227 Patent? A Q Yes. Okay. You said there were differences between the client server architecture and enterprise management architecture. What are the differences between those two concepts, as that Merrill Legal Solutions (800) 869-9132 DAVID GELERNTER November 5, 2009 Page 286 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 term "enterprise information management system" is used in Claim One? MR. AN: Again, your independent understanding separate from communications with counsel. THE WITNESS: Okay. My independent understanding is that an enterprise information management system, insofar as it implies a large number of clients and potentially many servers, and a potentially dynamic architecture in which servers, new servers enter and old ones drop out, new client machines enter and old ones drop out, and as I say, there may be many servers, and there may be many, I should say very many, not order of ten but order of a hundred, hundreds or thousands or more, of clients, implies a completely different kind of system. The system -- a system that is merely an ordinary client server system for a dozen nodes or a normal sort of work group environment would break potentially instantly in an enterprise Merrill Legal Solutions (800) 869-9132 DAVID GELERNTER November 5, 2009 Page 287 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 environment and would require a completely different approach to making the system work. I don't think we were in a position to assert, when we wrote this patent -well, we didn't write it -- when the patent was written under our auspices or whatever -- I don't think we were in a position even to assert that it was possible to have implementation for an enterprise management system. BY MR. CHERENSKY: Q Is an enterprise information management system a type of client server architecture? A as wrong? I am trying -- why does that strike me Type? Is it a type -- is an enterprise management system a type of client server architecture? Like -- I don't know -- it's like saying is a refrigerator a type of freon. includes freon. No. It I mean an enterprise management system includes a client server architecture. But it's a whole apparatus. It's a big lot of machinery that is not implied by client server architecture. Merrill Legal Solutions (800) 869-9132 DAVID GELERNTER November 5, 2009 Page 288 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 How many -- you said a large number of clients -- strike that. You said that a client -- strike that. You said that enterprise information management system includes a large number of clients. What is the number of clients at which, in your opinion, the system would have to be described as an enterprise information management system rather than a client server architecture? MR. AN: Objection: form. Well, one of the THE WITNESS: privileges we have in computer science is not answering questions like that. I mean, there isn't a particular threshold in it. But as I said, order of hundreds rather than order of tens. I mean, if there was -- if there were a dozen, it would not be an enterprise management system. By MR. CHERENSKY: Q Can an enterprise information management If there were 200, it would be. system consist of a single server with a large number of clients? A Depends. Merrill Legal Solutions (800) 869-9132 DAVID GELERNTER November 5, 2009 Page 289 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 So does that mean yes, it can consist of a single server plus a large number of clients? A server. No. It depends what you mean by a I may build a multi-computer server, multi-processor server with 10,000 processors in it. Now, whether you call that a server or 10,000 servers depends on your point of view. The ordinary way -- I mean the natural way, intuitive way in which I would support many clients with a single server is by building a multi-computer, using that as a server. That being the default high performance architecture. Q Are there systems -- are there enterprise information management systems that some computer scientists will consider client server architectures and others would not? MR. AN: Objection; form. That some computer THE WITNESS: scientists would consider client server systems. BY MR. CHERENSKY: Q Let me withdraw the question and ask, hopefully, a better one. So, in the spectrum that has client Merrill Legal Solutions (800) 869-9132 DAVID GELERNTER November 5, 2009 Page 290 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 server architectures at one point in the spectrum and an information system -- an enterprise information management system at another point in the spectrum -A ends. It's not a spectrum. Those are not two The enterprise management system is a client server architecture, with added high performance parts or with high performance reimplementations. So it wouldn't be incorrect to refer to an enterprise management system as a of species client service system, but it would be uninformative. That wouldn't be the normal way of -well, depends on context. speak in those terms. would. Q What are the added high performance Ordinarily, I w

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