EMG Technology, LLC v. Apple, Inc.

Filing 209

MOTION to Change Venue by Apple, Inc., American Airlines, Inc., Dell Inc., Hyatt Corporation, Marriott International, Inc., Barnes & Noble, Inc.. (Attachments: # 1 Declaration, # 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 - Part 1, # 13 Exhibit K - Part 2, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O, # 18 Exhibit P, # 19 Exhibit Q, # 20 Exhibit R, # 21 Exhibit S, # 22 Exhibit T, # 23 Exhibit U, # 24 Exhibit V, # 25 Exhibit W, # 26 Text of Proposed Order)(Rambin, Daymon)

EMG Technology, LLC v. Apple, Inc.

Doc. 209 Att. 24

EXHIBIT V

Dockets.Justia.com

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TYLER DIVISION EMG TECHNOLOGY, INC., Plaintiff, -vsAPPLE, INC., AMERICAN AIRLINES, INC., BLOOMBERG, L.P., CONTINENTAL AIRLINES, INC., UNITED PARCEL SERVICE, INC., Defendants. ) ) ) ) ) CASE NO. 6:08CV-447-LED ) ) ) ) ) ) ) ) ______________________________)

DEPOSITION OF SABIN HEAD, Ph.D. DATE: TIME: LOCATION: September 9, 2009 9:20 a.m. MANATT, PHELPS & PHILLIPS, LLP One Embarcadero Center 30th Floor San Francisco, California REPORTED BY: Anne M. Torreano, CSR, RPR, CCRR Certified Shorthand Reporter License Number C-10520

282 17:35:53 17:35:54 17:35:55 17:35:56 17:35:58 17:36:00 17:39:00 17:39:02 17:39:04 1 the timer. 2 3 minute? 4

MR. STEPHENS:

Can we go off the record for a

THE VIDEOGRAPHER:

Going off record at

5 5:35 p.m. 6 7

(DISCUSSION OFF THE RECORD.) THE VIDEOGRAPHER: Going back on record at

8 5:38 p.m. 9

Please proceed.

17:39:07 10 BY MR. STEPHENS: 17:39:07 11

Q.

Dr. Head, now that we have Safari working

17:39:09 12 this time without being set as -- to mimic the iPhone 17:39:15 13 browser, could you navigate to the malltv.com page with 17:39:18 14 that? 17:39:19 15 17:39:41 16 17:39:42 17 right. 17:39:44 18

MR. BECKER:

Object.

Form. All

MR. STEPHENS:

It doesn't have Flash.

Let's go off the record again. THE VIDEOGRAPHER: Going off record at

17:39:45 19 5:39 p.m. 17:41:04 20 17:59:24 21

(DISCUSSION OFF THE RECORD.) THE VIDEOGRAPHER: Going back on record at

17:59:32 22 5:59 p.m. 17:59:33 23 17:59:34 24

Please proceed. MR. STEPHENS: Rob, I don't want to appear to

17:59:37 25 be too pedantic here, but I just want to make sure I'm

283 17:59:42 17:59:44 17:59:44 17:59:47 17:59:49 17:59:51 17:59:54 17:59:58 18:00:00 1 here clear on what you stipulated to about the MallTV 2 portal. 3

Was your stipulation that malltv.com does not

4 incorporate or reflect any of the certified claims? 5

MR. BECKER:

No, it does not contain, to my

6 knowledge, all of the elements of any particular claim. 7

MR. STEPHENS:

Okay.

But that means it does

8 not incorporate or reflect all of the elements of any 9 particular claim; right?

18:00:02 10

MR. BECKER:

The mock-up, not MallTV portal,

18:00:07 11 but the mock-up of it, does not contain, to my 18:00:10 12 knowledge, all of the elements of any claim. 18:00:12 13

MR. STEPHENS:

And there's nothing that

18:00:14 14 physically exists in the world that incorporates or 18:00:17 15 reflects all of the elements of any asserted claim; 18:00:20 16 right? 18:00:20 17

MR. BECKER:

And that I disagree with.

I

18:00:22 18 think the patent description is something that 18:00:24 19 physically exists that contains all those elements. 18:00:27 20

MR. STEPHENS:

Okay.

But other than the

18:00:29 21 patent, there's nothing else; right? 18:00:31 22 18:00:34 23

MR. BECKER:

Nothing that I'm aware of. Okay. And EMG is not

MR. STEPHENS:

18:00:35 24 contending that there is; right? 18:00:37 25

MR. BECKER:

Yes, that's my -- you're right.

316 18:49:54 18:49:56 18:49:58 18:49:59 1

THE VIDEOGRAPHER:

This ends today's The total number of

2 Deposition on September 9th, 2009. 3 tapes used was four. 4 5 6 7 8

We're now off the record at 6:49 p.m. (The deposition of SABIN HEAD, Ph.D. was adjourned at 6:49 p.m. this date.) --- oOo ---

I certify under penalty of perjury that the foregoing
9

is true and correct.
10 11

Date ____________________
12

__________________________

SABIN HEAD, Ph.D.
13 14 15 16 17 18 19 20 21 22 23 24 25

317 1 2

REPORTER'S CERTIFICATE The undersigned Certified Shorthand Reporter

3 licensed in the State of California does hereby 4 certify: 5

I am authorized to administer oaths or

6 affirmations pursuant to Code of Civil Procedure, 7 Section 2093(b), and prior to being examined, the 8 witness was duly administered an oath by me. 9

I am not a relative or employee or attorney or

10 counsel of any of the parties, nor am I a relative or 11 employee of such attorney or counsel, nor am I 12 financially interested in the outcome of this action. 13

I am the deposition officer who

14 stenographically recorded the testimony in the 15 foregoing deposition, and the foregoing transcript is a 16 true record of the testimony given by the witness. 17

Before completion of the deposition, review of If

18 the transcript [x] was [ ] was not requested.

19 requested, any changes made by the deponent (and 20 provided to the reporter) during the period allowed are 21 appended hereto. 22

In witness whereof, I have subscribed my name

23 this ____ day of ____________, 2009. 24

_______________________________
25

ANNE M. TORREANO, CSR No. 10520