Mirror Worlds, LLC v. Apple, Inc.

Filing 163

RESPONSE in Opposition re #156 MOTION for Partial Summary Judgment of Invalidity for Indefiniteness Under U.S.C. Section 112 paragraph 2 filed by Mirror Worlds, LLC. (Attachments: #1 Affidavit Declaration of Alexander Solo, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(Solo, Alexander)

Mirror Worlds, LLC v. Apple, Inc.

Doc. 163 Att. 3

Dockets.Justia.com

JOHN LEVY December 11, 2009 Page 1 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 [phone] VS. APPLE INC., Defendant. ----------------------------------------x December 11, 2009 9:10 a.m. Videotaped deposition of JOHN LEVY, Ph.D, at the offices of Weil, Gotshal & Manges, 767 Fifth Avenue, New York, New York, before Nancy Mahoney, a Certified Court Reporter, Registered Professional Reporter, Certified LiveNote Reporter, and Notary Public within and for the States of New York and New Jersey. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TYLER DIVISION -----------------------------------------x MIRROR WORLDS, LLC, Plaintiff, No. 6:08 cv 88 LED

JOHN LEVY

December 11, 2009 Page 113

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Paragraph 38 that, "One of ordinary skill in the art would also understand that timestamps, as frequently used in various software applications, identify data items on the basis of timestamps based on the date and time, plus additional information." What additional information would one of ordinary skill in the art understand might be used? A. Anything that suffices to make the

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timestamp unique. Q. A. Can you provide any examples? Sure, I'll offer an example. When the resolution of the clock is not sufficient, then one could append a pseudo random number, let's say a 32-bit number, which would then be used as part of the unique identifier. Q. And it's your opinion that one of

ordinary skill in the art would understand that that could be -- I'm sorry, did you say could be appended to the timestamp -- to the date and time? A. Q. That is the word I used. Okay. So, and one of ordinary

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