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

Filing 763


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EXHIBIT 1 CONFIDENTIAL Attorneys' Eyes Only Page 325 1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF TEXAS 3 TYLER DIVISION 4 Case No. 5 6:09-cv-00269-LED -JDL 6 7 Bedrock Computer Technologies, LLC .) ) 8 vs. ) Plaintiff, ) 9 ) ) 10 Softlayer Technologies, Inc. et al ) ) 11 Defendants. ) ) 12 _____________________________________ 13 14 The video and oral deposition of MARK T. JONES, PH.D., 15 taken on Thursday, February 10, 2011, commencing at 7:00 16 a.m., held at the Inn of Virginia Tech, 901 Prices Fork 17 Road, the Smithfield Room, Blacksburg, VA, before T. S. 18 Hubbard, Jr., Court Reporter and Notary Public for the 19 Commonwealth of Virginia. 20 21 C O N F I D E N T I A L 22 F O R T R A N S C R I P T A T T O R N E Y S E Y E S O N L Y 23 24 25 Job No. CS312511 800-567-8658 Veritext Corporate Services 973-410-4040 CONFIDENTIAL Attorneys' Eyes Only Page 340 1 them before they put it in their production 2 would be -- I don't know if that testing is 3 going to reveal what they -- Well, without 4 knowing what the testing protocols are that 5 they are using, I could not say whether they 6 will be sufficient, but from their point of 7 view they would have protocols they follow, 8 but I would expect them follow for this. 9 (Whereupon, Defendants' Jones 10 Exhibit Number 12 was marked for 11 Identification.) 12 MR. BRIGHT: I will hand you what 13 has been marked Jones Exhibit 12. We are out 14 of order here, but I will go back to 11 in 15 moments. 16 it for the record as document Production 17 Number BTEX 0752444 through 448. 18 BY MR. BRIGHT: Let me hand you that and identify 19 Q Do you recognize this, sir? 20 A It looks like one of the elements 21 22 that I have with respect to Traffic Server. Q You gave some testimony yesterday 23 about Yahoo's Traffic Server and I believe 24 that you had reviewed some publicly available 25 materials that you say informed your opinions 800-567-8658 Veritext Corporate Services 973-410-4040 CONFIDENTIAL Attorneys' Eyes Only Page 341 1 about the load that the Yahoo Traffic Server 2 had seen, right? 3 A Yes, I did. 4 Q This document that you have been 5 handed as Jones Exhibit 12, is this the 6 public information that you were referring to 7 yesterday about the load on Yahoo Traffic 8 Server? 9 10 11 A This is one of the documents I looked at. Q Can you tell me what in this 12 document informed your opinion in your view 13 the load on Yahoo Traffic Server? 14 A Looking at page BTEX 0752445, the 15 middle of the paragraph indicating the 16 testing they have done at 30,000 requests per 17 second, as well as what they have indicated 18 what they are able to do with other proxy 19 servers at 8,000 requests per second. 20 Q Is this document consistent with 21 the other public information that you have 22 seen about Yahoo Traffic Server? 23 A In terms of capabilities, I have 24 seen documents that indicate more recent 25 performance at 100,000 requests per second. 800-567-8658 Veritext Corporate Services 973-410-4040 CONFIDENTIAL Attorneys' Eyes Only Page 342 1 Q Have you seen any information in a 2 greater number of requests per second 3 describing Yahoo Traffic Server? 4 5 6 A I don't see anything more than 100,000. Q In forming your opinions about 7 Yahoo in this case which did you use? 8 you use 30,000 requests per second or 100,000 9 requests per second, or some other metric? 10 A Did At 30,000 requests per second that 11 would be, I believe, a higher rate than what 12 I have been able to run. 13 indicate that I believe it would be 14 conservative for this kind of traffic 15 pattern. 16 17 18 Q So my tests would What number of requests per second did you run in your testing? A We would need to go back and work 19 out the numbers to give you specific numbers. 20 Looking back at my appendices -- Let me see 21 if I can work that out in my head. 22 ballpark figure might just sitting here is in 23 the 20,000 to 25,000 range. 24 25 Q A But again, just to be clear, you did not directly report that 20,000 to 25,000 800-567-8658 Veritext Corporate Services 973-410-4040 CONFIDENTIAL Attorneys' Eyes Only Page 343 1 requests per second range in your expert 2 report, right? 3 MR. CURRY: 4 THE WITNESS: Objection, form. I don't think I 5 listed the specific number. 6 directly accessible in the appendices. 7 BY MR. BRIGHT: 8 Q 9 right? I think it is Well, you had to do a calculation, Would someone else have to do a 10 calculation based on the numbers you 11 reported? 12 13 14 A Either do a calculation or just run the code that I provided. Q In that 20,000 to 25,000 number of 15 requests per second, you were loading that on 16 a single server? 17 A Yes. 18 Q We have been using the term CAND, 19 and you used the term CAND in your report, 20 right? 21 A Yes. 22 Q That is C-A-N-D? 23 A Yes. 24 Q I just wanted to make sure that we 25 are on the same page on that. 800-567-8658 Turning to Veritext Corporate Services 973-410-4040

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