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

Filing 763

RESPONSE in Opposition re #756 SEALED PATENT MOTION TO PRECLUDE RELIANCE ON DOCUMENTS AND FACTS RELATED TO PERFORMANCE TESTING PRODUCED BY YAHOO AND SOFTLAYER AFTER CLOSE OF DISCOVERY filed by Yahoo! Inc.. (Attachments: #1 Affidavit Declaration of B. James, #2 Exhibit 1)(Chaikovsky, Yar)

EXHIBIT 1

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF TEXAS

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TYLER DIVISION

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Case No.

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6:09-cv-00269-LED -JDL

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Bedrock Computer Technologies, LLC .)
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vs.

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Plaintiff,

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Softlayer Technologies, Inc. et al

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Defendants.

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_____________________________________

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The video and oral deposition of MARK T. JONES, PH.D.,

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taken on Thursday, February 10, 2011, commencing at 7:00

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a.m., held at the Inn of Virginia Tech, 901 Prices Fork

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Road, the Smithfield Room, Blacksburg, VA, before T. S.

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Hubbard, Jr., Court Reporter and Notary Public for the

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Commonwealth of Virginia.

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C O N F I D E N T I A L

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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

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Job No. CS312511

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them before they put it in their production

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would be -- I don't know if that testing is

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going to reveal what they -- Well, without

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knowing what the testing protocols are that

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they are using, I could not say whether they

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will be sufficient, but from their point of

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view they would have protocols they follow,

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but I would expect them follow for this.

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(Whereupon, Defendants' Jones

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Exhibit Number 12 was marked for

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Identification.)

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MR. BRIGHT:

I will hand you what

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has been marked Jones Exhibit 12.

We are out

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of order here, but I will go back to 11 in

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moments.

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it for the record as document Production

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Number BTEX 0752444 through 448.

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BY MR. BRIGHT:

Let me hand you that and identify

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Q

Do you recognize this, sir?

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A

It looks like one of the elements

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that I have with respect to Traffic Server.
Q

You gave some testimony yesterday

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about Yahoo's Traffic Server and I believe

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that you had reviewed some publicly available

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materials that you say informed your opinions

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about the load that the Yahoo Traffic Server

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had seen, right?

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A

Yes, I did.

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Q

This document that you have been

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handed as Jones Exhibit 12, is this the

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public information that you were referring to

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yesterday about the load on Yahoo Traffic

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Server?

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A

This is one of the documents I

looked at.
Q

Can you tell me what in this

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document informed your opinion in your view

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the load on Yahoo Traffic Server?

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A

Looking at page BTEX 0752445, the

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middle of the paragraph indicating the

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testing they have done at 30,000 requests per

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second, as well as what they have indicated

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what they are able to do with other proxy

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servers at 8,000 requests per second.

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Q

Is this document consistent with

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the other public information that you have

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seen about Yahoo Traffic Server?

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A

In terms of capabilities, I have

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seen documents that indicate more recent

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performance at 100,000 requests per second.

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Q

Have you seen any information in a

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greater number of requests per second

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describing Yahoo Traffic Server?

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A

I don't see anything more than

100,000.
Q

In forming your opinions about

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Yahoo in this case which did you use?

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you use 30,000 requests per second or 100,000

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requests per second, or some other metric?

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A

Did

At 30,000 requests per second that

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would be, I believe, a higher rate than what

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I have been able to run.

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indicate that I believe it would be

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conservative for this kind of traffic

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pattern.

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Q

So my tests would

What number of requests per second

did you run in your testing?
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We would need to go back and work

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out the numbers to give you specific numbers.

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Looking back at my appendices -- Let me see

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if I can work that out in my head.

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ballpark figure might just sitting here is in

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the 20,000 to 25,000 range.

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Q

A

But again, just to be clear, you

did not directly report that 20,000 to 25,000

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requests per second range in your expert

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report, right?

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MR. CURRY:

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THE WITNESS:

Objection, form.
I don't think I

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listed the specific number.

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directly accessible in the appendices.

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BY MR. BRIGHT:

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Q

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right?

I think it is

Well, you had to do a calculation,
Would someone else have to do a

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calculation based on the numbers you

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reported?

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A

Either do a calculation or just run

the code that I provided.
Q

In that 20,000 to 25,000 number of

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requests per second, you were loading that on

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a single server?

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A

Yes.

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Q

We have been using the term CAND,

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and you used the term CAND in your report,

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right?

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A

Yes.

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Q

That is C-A-N-D?

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A

Yes.

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Q

I just wanted to make sure that we

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are on the same page on that.

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