Bedrock Computer Technologies, LLC v. Softlayer Technologies, Inc. et al

Filing 283

MOTION for Summary Judgment of Indefiniteness by AOL Inc, Amazon.com Inc., Google Inc., Match.Com LLC, MySpace Inc., Softlayer Technologies, Inc., Yahoo! Inc.. (Attachments: #1 Decl. of Antonio Sistos ISO Defendants' MSJ of Indefiniteness, #2 Exhibit A, #3 Exhibit B, #4 Text of Proposed Order)(Sistos, Antonio)

Bedrock Computer Technologies, LLC v. Softlayer Technologies, Inc. et al

Doc. 283 Att. 2

EXHIBIT A

Dockets.Justia.com

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TYLER DIVISION BEDROCK COMPUTER TECHNOLOGIES LLC, Plaintiffs, vs. Case No. 6:09-CV-0029

SOFTLAYER TECHNOLOGIES, INC., CITIWARE TECHNOLOGY SOLUTIONS, LLC, GOOGLE, INC., YAHOO! INC., MYSPACE, INC., AMAZON.COM INC., MATCH.COM, LLC and AOL LLC. Defendants. _______________________________ RED HAT, INC., Plaintiff, vs. BEDROCK COMPUTER TECHNOLOGIES, LLC, Defendant. ________________________________________________________ HIGHLY CONFIDENTIAL VIDEOTAPED DEPOSITION OF DR. RICHARD NEMES New York, New York Tuesday, August 31, 2010 Reported by: AYLETTE GONZALEZ JOB NO. 144128 Case No. 6:09-cv-00549

DR. RICHARD NEMES HIGHLY CONFIDENTIAL

8/31/2010

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DAY: TIME:

August 31, 2010 9:19 a.m.

Videotaped Deposition of DR. RICHARD NEMES, held at the offices of McKOOL SMITH, One Bryant Park, New York, New York 10036, pursuant to NOTICE, before AYLETTE GONZALEZ, a Notary Public of the State of New York.

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other times removing some, but not all of them. And at other times, choosing to

remove none of them." Do you see that? A. Q. I saw that. It continues -- it says, "Such

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a dynamic routine decision might be based on factors such as, for example, how much memory is available in the system storage pool, general system load, time of day, the number of records currently residing in the information system, and other factors both internal and external to the information storage and retrieval system itself." You see that? A. Q. I see that. My question is: First of all,

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is that the pros that, in your view, describe the means for dynamically determining the maximum number? MR. CURRY: Q. Objection to form.

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The record should reflect the

witness is turning the various pages to the 120 Patent. A. I'm not certain that there

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isn't other pros that also describes it. I'm just trying to be really careful here to be very accurate in my answer, but that does -- that is the pros that is associated with Claim 2. Q. Can you tell me, sir, in that

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pros, what is the means for dynamically determining the maximum number? A. I think your -MR. CURRY: A. claim. Q. You're right. I am. You didn't Objection to form.

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-- asking me to interpret the

Let's be specific.

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write any code that shows how to do that, right? A. shows that. Q. You didn't identify any device I didn't write any code that

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that's capable of doing that, right? A. Q. Right. You didn't identify any

software program that's capable of doing that, right? A. Right.

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Q.

As you sit here today, can you

think of any structure at all, any sort of physical or nonphysical device or system, that you described to be able to perform that means of dynamically determining a maximum number? MR. CURRY: A. Q. Objection to form.

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What's a nonphysical device? Software. MR. CURRY: Objection to form.

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A.

Then I guess I don't understand

the question because I don't think of software as a device. Q. Let's go physical then. Any

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physical device that you could identify that could perform any of that means? A. I could take -- I could program

a computer to perform the tasks described by that means. Q. A. Q. Did you ever do that? No. It continues to say, "The

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record search means" do you see that? A. Q. What column? Claim 2. Talks about the

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A. the same. Q. the "it's"? A.

Yeah, I believe the wording is

When you say "it's," what is

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Either this paragraph or -- the

entire paragraph or parts of it are identical in the two patents. Q. A. Q. Between the 120 and the 499? That's right. In fact, they're so similar You were

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that you just confused them.

looking at the; 499 when I was asking you questions about the 120; is that correct? A. Q. That's correct. So, the question is: In the

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code that's identified, the pseudocode you wrote, there's no code that performs a hashing function; is that right? MR. CURRY: A. Objection to form.

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If you look at column 11, the

second -- that begin -- no, it's not the same begin that you mentioned earlier. But in search table procedure, go down and find begin and look at the line after that. "Index: = hash (record_key)";

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there is the location of a hash function. Q. It doesn't indicate how to

hash, does it? A. Q. function? A. function. Q. Where is the hash function in It says, go call the hash No. It just says there is a hash

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the four corners of the 120 Patent? A. implementer. Q. That means the person whose To be supplied by the

designing the system does this? A. Right. MR. STERN: flight. I have to catch a My

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Thank you very much.

colleagues here will continue your interrogation. THE WITNESS: flight. MR. STERN: much. today. Off the record. Thank you very Have a safe

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I appreciate you coming here

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