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

Filing 311

REPLY to Response to Motion re #283 MOTION for Summary Judgment of Indefiniteness filed by AOL Inc, Amazon.com Inc., Google Inc., Match.Com LLC, MySpace Inc., Softlayer Technologies, Inc., Yahoo! Inc.. (Attachments: #1 Declaration of Antonio Sistos, #2 Exhibit A)(Sistos, Antonio)

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

Doc. 311 Att. 2

EXHIBIT A

Dockets.Justia.com

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TYLER DIVISION ************************************************** BEDROCK COMPUTER TECHNOLOGIES, LLC, Plaintiff, -vsCase 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-

Case No. 6:09-cv-00549

BEDROCK COMPUTER TECHNOLOGIES, LLC Defendants. ************************************************** VIDEO DEPOSITION OF MARK T. JONES, Ph.D. 11:15 a.m. to 5:55 p.m. September 29, 2010 Blacksburg, Virginia Job No. 14183 REPORTED BY: Rhonda D. Tuck, RPR, CRR

2 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 BY: McKOOL SMITH, P.C. 300 Crescent Court, Suite 1500 Dallas, Texas [phone] [e-mail] J. AUSTIN CURRY, ESQUIRE Counsel for Plaintiff BEDROCK COMPUTER TECHNOLOGIES, LLC 75201 APPEARANCES OF COUNSEL: Deposition of MARK T. JONES, Ph.D., taken and transcribed on behalf of the Defendants, by and before Rhonda D. Tuck, RPR, CRR, Notary Public in and for the Commonwealth of Virginia at large, pursuant to Rule 30 of the Federal Rules of Civil Procedure, and by Notice to Take Depositions; commencing at 11:15 a.m., September 29, 2010, at Blacksburg, Virginia.

3 1 APPEARANCES OF COUNSEL CONT'D: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY: KILPATRICK STOCKTON, LLP 1100 Peachtree Street, NE, Suite 2800 Atlanta, Georgia [phone] [e-mail] RUSSELL A. KORN, ESQUIRE Counsel for Defendants SOFTLAYER TECHNOLOGIES, INC. and AMAZON.COM, INC. 30309-4530 BY: McDERMOTT, WILL & EMERY 18191 Von Karman Avenue, Suite 500 Irvine, California [phone] [e-mail] CHRISTOPHER D. BRIGHT, ESQUIRE Counsel for Defendant YAHOO! INC. 92612-7108

4 1 APPEARANCES OF COUNSEL CONT'D: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ALSO PRESENT: 25 BEN HERNANDEZ, VIDEOGRAPHER BY: QUINN, EMANUAL, URQUHART & SULLIVAN, LLP 555 Twin Dolphin Drive, 5th Floor Redwood Shores, California [phone] [e-mail] CLAUDE M. STERN, ESQUIRE Counsel for Defendants GOOGLE, INC. and MATCH.COM, LLC. 94065 BY: ALSTON & BIRD, LLP The Atlantic Building 950 F Street, NW Washington, D.C. [phone] [e-mail] DEEPA NAMA, ESQUIRE Appearing Via Telephone as Counsel for Defendants MYSPACE, INC. and AOL LLC 20004-1404

5 1 2 WITNESS: 3 MARK T. JONES, Ph.D. 4 5 6 7 8 9 10 EXHIBITS 11 12 Defendants' Exhibit 17.................... 13 Curriculum Vitae of Mart T. Jones, Ph.D. with cover sheet titled "Exhibit B" 14 Defendants' Exhibit 18.................... 15 Declaration of Mark T. Jones, Ph.D. 16 17 18 ***** 19 20 21 22 23 24 25 13 Examination by Mr. Stern............ 9 INDEX

Examination by Mr. Bright........... 159 Examination by Mr. Korn............. 210

59

91 1 BY MR. STERN:: 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. Okay. And so just so we're clear,

there's nothing extraneous and nothing needed in that area search table procedure from the word search table procedure to alternate version of search table procedure that would -- to render this a hash algorithm, right? A. I think we might be talking past one I would say it is

another on the extraneous part.

a hash algorithm if it has the features I mentioned earlier. This is a hash algorithm, and

part of that hash algorithm is the on the fly removal of expired records. I would still call

this a hash -- I mean, that's part of this hash algorithm, so I think we might be talking past one another on that part. Q. Professor, since you've testified under

oath several times now that every hash algorithm uses a particular hash function, would you please tell me which hash function is used by the hash algorithm described in the area you just identified? A. function. Q. I understand. I'm asking you can you I didn't say particular. I said a hash

92 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 tell me which hash function is used by the hash algorithm you just identified. A. Q. A. Q. Is it modulo?

It's any hash function. Is it cryptographic? It's any hash function. So the number of functions that could

be used by this hash algorithm is infinite? A. number. I should know, but I don't know the I would assume the number of prime

numbers is infinite, so within the family of modulo, if the number of prime numbers is infinite, then I would say that the number of possible hash functions is infinite. Q. So in your view, the number of hash

algorithms that can be used in this patent in the means-plus-function claims is infinite? A. Q. No. Well, you said the hash algorithm would

use any one of an infinite number of hash functions, right? A. Q. Right. Okay. Just so we're clear, it's your

view that the hash algorithm that's identified would use any one or more of an infinite number of hash functions?

93 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 A. Q. Yes. Okay. And it's your testimony that the

area we just went through, the area, that part of that includes the search for the -- I'm sorry, the on the fly deletion or removal of records, right? A. Q. Yes. Can you tell me the section of the

pseudocode that does that? A. That's where -- there's a line that

begins, if P up arrow, and if the record contents, if that's expired, then it calls a procedure that will remove that from the link list. Q. A. Q. Where does that end? I'm sorry. Okay. It's those two lines.

And the phrase that starts else

begins, what does that do? A. There we are -- that's part of -- the

else begin is if it's not expired, then check to see if the contents match the -- the key that's being searched for. Q. Now, in table 3, what you previously

identified in table 3, the box that says hash search key -A. Q. Yes. Do you see that? The function that

94 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 takes place in that box all precedes the search for and the deletion of the expired records, right? key? A. Q. Yes. The hash the search key according to Do you see where it says hash the search

figure 3 all takes place before the search for the identification and the removal of the expired records, right? A. It's part of that process. It's taking

it to the correct link list. search without that. Q.

You couldn't do the

Well, I understand that, but this is --

you testified this is a search procedure identified in Exhibit 3, right? A. Q. Yes. Let me see if I get this straight,

Professor, is it your sworn testimony that it's your view that the hash function operates not just within box 31 on figure 3 but operates all the way to stop on box 37? A. Q. No. Okay. The hash function operates

within box 31, right? A. That's correct.

95 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. Just so it's clear, the hash function

operates within box 31, right? A. Q. Yes. Now, in the area that you just

identified, the search table procedure, where does the hash function operate? What lines reflect the

operation of the search of the hash function operating on the search table procedure? A. It's the line after the word begin that

is indexed colon equals hash. Q. A. is called. Q. A. Q. And where does that end? It's the semicolon on that line. Okay. So just so we're clear, the hash Yes? That's the line where the hash function

function -- I want to make sure that we're absolutely clear about this. In the area called

search table procedure, the hash function is denoted by the language that reads begin, skip a line, index, full colon, equal, hash, paren, record underscore key, closed paren, semicolon? A. It's after the begin. It doesn't

include begin. Q. Okay.

But otherwise, that's correct. That's fine. So then the hash

96 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 function is denoted in the pseudocode by the phrase index, full colon, equal sign, hash, paren, record, underscore key, semicolon, right? A. Q. Yeah. Okay. That is what denotes the hash

function, right? A. Q. Yes. You'll agree with me that that line

doesn't say anything about modulo arithmetic? A. Q. That's correct. It doesn't say anything about

cryptographic? A. Q. That's correct. That line doesn't describe what

particular hash function is being used, right? A. Q. That's correct. And then what other lines in this

particular -- in this area between search table procedure and until the alternative version of search table procedure, what other lines would represent what's taking place in the area corresponding to Figure 3 from the box 32 onward? A. Do you want me to go box by box, or

just give you a range? Q. Is it accurate to say that -- well, why

107 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 depo. MR. STERN: THE WITNESS: I'll ask the witness. I think if we did 45 Q. It refers to the fact that someone

would have to use a hash function but doesn't identify the code associated with that hash function, right? A. Q. That's correct. And you've testified that the hash

function that could be used for this particular algorithm could be one of any number of hash functions, correct? A. Q. That's correct. In fact, according to you, it could be

any number of -- well, it could be almost an infinite set of hash functions, right? A. Yes. MR. CURRY: stopping point? hungry is all. MR. STERN: Are we break for -- how Counsel, are you at a good I'm just getting a little

much time do you want to break for lunch? MR. CURRY: It's up to you. It's your

minutes, a half hour, however long it takes to eat downstairs.

158 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 THE VIDEOGRAPHER: The time is (Break in proceedings.) the use of removing expired records dynamically based on the determination of a maximum number of records to be removed? A. This will remove all the records until

the search key is found in the list. Q. So is it accurate that neither the

search table procedure identified in Column 11 through 12 and the alternate version of search table procedure specifically address dynamically determining a maximum number of records to be removed in the access link list of records? A. That's correct. MR. STERN: catch a flight. colleagues here. MR. BRIGHT: Take a few minutes. The time is I'm done. I've got to

I'm going to yield to my

THE VIDEOGRAPHER:

approximately 3:39 p.m., and we're off the record.

approximately 3:48 p.m., and we're back on the record.

159 1 2 3 BY MR. BRIGHT:: 4 5 6 7 8 9 10 11 12 BY MR. BRIGHT: 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Now, sir, do you agree that the Q. Bear with me, I will try to avoid any EXAMINATION

duplicative questioning, but I just wanted to note for the record there may be instances where I need to sort of establish a foundational question? MR. CURRY: I understand to a certain

point, but get into the same -- you know, style Q and A I'm going to be instructing.

means-plus-function elements in the claims in the '120 patent are implemented by a general purpose computer? A. I believe the structure includes a

general purpose computer, the structure that I identified. Q. Let me ask you this way: Do you agree

that the corresponding structures for the means-plus-function elements in the claims of the '120 patent are computer algorithms? A. Running on a general -- you know, part

of the structure identified is computer algorithm

160 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 on a general purpose computer. Q. Okay. But at least a part of the

necessary structure for implementing the means-plus-function elements in the claims in the '120 patent is a computer algorithm? A. Q. Yes. And in forming your opinions about the

corresponding computer algorithms for the means-plus-function elements, did you reach an understanding of the recited functions in those claim elements? A. Q. Yes, I did. Now, I think you said in your

declaration that the specification must recite some structure corresponding to the claim to means. A. Do you recall that? Not those specific words, but I would

certainly agree that the specification needs to disclose a structure for the means-plus-function claim terms. Q. Now, if you could turn to your

declaration which has been marked as Defendants' Exhibit 18, and specifically to Page 3 at the top. A. Q. I'm there. Do you see where you've said I further

176 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 BY MR. BRIGHT:: 25 Q. Well, let me try and get us on the same A. Q. I'm there. So do you agree that the word hashing

in this means-plus-function element is functional language? A. I'm not -- are you asking whether it's I guess I'm not quite sure

part of the function?

what you're saying by functional language. Q. I guess another way to ask it, the

hashing word in the hashing means element, does that hashing word convey any structure to you? A. It's identifying -- the hashing means

is what -- the name they're using for this means. Hashing itself -- the fact that they're using the word hashing there isn't conveying a particular structure. Q. So, again, the word hashing and the

hashing means is functional language, right? MR. CURRY: THE WITNESS: Objection to form. I guess I'm not quite --

I still don't -- the word functional language or phrase functional language, I'm not sure of the exact definition of that.

194 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 machine would execute, I'd have to read up -haven't seen it done and haven't done it myself, but I certainly know that it can be done. Q. And would there -- is it possible that

one of ordinary skill in the art would actually come up with another way of expressing the hashing algorithm mathematically that would also be correct? A. You mean hashing algorithm like, say, I

took the search table procedure and implementing the data structures and was able to express that mathematically might someone else do that differently? Q. A. certainly. Q. Besides different notation, would it be Yes. They could use different notation,

possible that one of ordinary skill in the art would come up with a different mathematical expression for the algorithm? A. I don't know, and I haven't thought

about it enough to -- I don't even know what my result would be. I know how to proceed, but I

don't know what my result would be, so I don't know if it would be the only one.

195 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 BY MR. BRIGHT:: 19 20 21 22 23 24 25 Q. Okay. And when you say errors, Q. Just to close the loop on something you

testified about earlier, you mentioned that you were familiar with the -- I think the Knuth textbook, correct? A. Q. correct? A. Q. Yes. Did you see anything in that textbook Yes. And that's cited in the '120 patent,

with which you disagreed? MR. CURRY: THE WITNESS: Objection. Form.

I know there's certainly

errors in it because I know that it's its practice to pay people for corrections, but I didn't come across anything that jumped out at me.

typographical error as soon as are those the nature of the errors you're talking about? A. Oh, you might make an error in -- it

might be something more than typographical. Anytime you write -- this is one of a three-volume set that's a massive work, particularly in that

199 1 2 BY MR. BRIGHT:: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 yes. Q. Now, if you would, turn to Claim 2 in Q. In your last answer when you say parts

of a hashing algorithm, which parts? A. I'll have to go specifically to my

report just to indicate which boxes, for example, in Figure 3, and then which lines in the search table procedure, in the alternative search table procedure as well as the lines and specification that indicate which parts I'm talking about. I

think the best ones to look at are Figures 3 in the search table procedure. Q. Okay. Is it fair to say that it's your

opinion that the corresponding structure for the record search means includes a hashing function? A. Includes the use of a hashing function,

the '120 patent. A. Q. I'm there. The means for dynamically determining

maximum number for the record search means to remove in the access link list of records is what I'm focused on now. A. Yes, I do. Do you see that?