Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 1183

Opposed MOTION in Limine to Exclude Evidence of Efforts to Initiate a Re-Examination of the '906 Patent by Adobe Systems Incorporated. (Attachments: # 1 Exhibit A - Weinstein Core Report, # 2 Exhibit B - Expert Rpt of Weinstein re Adobe, # 3 Exhibit C - Expert Rpt of Martin, # 4 Exhibit D - Sadowski Depo Excerpts, # 5 Text of Proposed Order)(Healey, David) (Entered: 01/06/2012)

EXHIBIT D

Confidential Attorneys' Eyes Only

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
---o0o---

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EOLAS TECHNOLOGIES
INCORPORATED,

)
)
)
Plaintiff,
)
)
vs.
)
)
ADOBE SYSTEMS, INC.;
)
AMAZON.COM, INC.; APPLE, INC.;)
BLOCKBUSTER, INC.; eBAY, INC.;)
FRITO-LAY, INC.; THE GODADDY )
GROUP, INC.; GOOGLE, INC.;
)
J.C. PENNEY COMPANY, INC., et )
al.,
)
)
Defendants.
)
______________________________)

No. 6:09-CV-446

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CONFIDENTIAL TESTIMONY - ATTORNEYS' EYES ONLY
VIDEOTAPED DEPOSITION OF DANIEL RAYMOND SADOWSKI
Redwood City, California
Tuesday, August 9, 2011

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Job No. 40991
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Confidential Attorneys' Eyes Only
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Q What percentage of your income for this
9:53AM
year, 2011, is based on the work that you have been
doing for counsel?
A I'm doing some computations. 30 percent
as a guess.
9:54AM
Q Do you have income from other consulting?
A Yes.
Q What other consulting projects are you
working on?
A I've done some confidential work for other 9:54AM
clients. I can't describe it in detail, but it
involves multimedia.
Q Are you working on any other patent cases?
A I am not working on any patent case.
Q Are you doing any other legal work?
9:54AM
A I am doing no other legal work.
Q So in the declaration you have in front of
you in Exhibit 1, you set forth a few examples of
MacroMind working within HyperCard; is that right?
A Yes.
9:55AM
Q And do you know who developed HyperCard?
A Yes, I do.
Q Who?
A I'm sorry, what was that?
Q Who?
9:55AM

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A It was developed by Apple Computer,
9:55AM
primarily by an engineer called Bill Atkinson.
Q Do you know Mr. Atkinson?
A I've met him a couple of times, but that's
all.
9:55AM
Q So it's your understanding that
Mr. Atkinson was the primary developer of HyperCard?
A Yes.
Q And you'd consider him knowledgeable about
how HyperCard works?
9:56AM
MR. WOLFF: Objection.
THE WITNESS: I don't have any way of
judging that.
BY MR. BUDWIN:
Q He created it.
9:56AM
A Correct.
Q So would you consider the man,
Mr. Atkinson, who created HyperCard to be
knowledgeable about how it works?
MR. WOLFF: Objection.
9:56AM
THE WITNESS: I would consider him to be
how it worked when he created it, but I believe it
was changed since he created it. I don't know how.
I don't know if it works exactly the same way.
So I don't know if he's up to date on it
9:56AM

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or not. I have no way of knowing.
9:56AM
BY MR. BUDWIN:
Q Who is more knowledgeable about the
operation of HyperCard, you or Mr. Atkinson?
A I don't know the answer to that.
9:56AM
Q So it's your understanding that HyperCard
was developed by Apple Computer?
A Yes.
Q Did you know that Apple, like Macromedia,
was involved in requesting a reexam of Eolas'
9:56AM
patents?
A I did not know that.
Q Do you have any understanding of why
neither Apple, nor Macromedia, submitted HyperCard
or MacroMind as prior art to the Patent Office in
9:57AM
the reexams that they requested?
MR. WOLFF: Object to form.
THE WITNESS: I know nothing about that.
BY MR. BUDWIN:
Q Did you know that Apple was initially a
9:57AM
Defendant in this case?
A I'd say yes.
Q Did you talk to any counsel that you
knew -- or that was representing Apple?
A No. I saw it in a newspaper. They listed 9:57AM

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TSG Reporting - Worldwide

many companies and I noticed Apple was in there.
9:57AM
Q Do you have an understanding as to whether
Apple has now been dismissed from the case?
A No, I don't know anything about that.
Q If the HyperCard, which you said Apple
9:58AM
developed, and the MegaMind -- I just want to call
it MegaMind. Let's try it again.
If the HyperCard, which you said Apple
developed, and the MacroMind Player were known and
used in the early 1990s, why is it that Apple would 9:58AM
be dismissed from the case and not go to court and
use this as art -- prior art?
MR. WOLFF: Object to form.
THE WITNESS: I don't really know anything
about the patent case or why people would do stuff.
9:58AM
BY MR. BUDWIN:
Q Apple would be knowledgeable about the
operation of HyperCard, correct?
A Yeah, I would expect so, yes.
Q And yet even though they were initially a
9:58AM
Defendant, they have now been dismissed?
MR. WOLFF: Objection. Is that a
question?
BY MR. BUDWIN:
Q Even though they were initially a
9:58AM

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Defendant, they have now been dismissed and you
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don't know why?
A I do not know why, no.
Q You don't know why they would be dismissed
if this HyperCard that they know all about was prior 9:59AM
art or good prior art to the patent? You don't know
anything about that?
A No, I don't -MR. WOLFF: Objection.
THE WITNESS: -- no.
9:59AM
BY MR. BUDWIN:
Q Have you ever heard of something called
the Mosaic web browser?
A Yes, I have.
Q But you never used Mosaic?
9:59AM
A I never used Mosaic.
Q Are you aware of any uses of Director,
Shockwave, MacroMind, or Flash in Mosaic?
A No, I'm not.
Q You never worked on any such project?
9:59AM
A No, I did not.
Q So as we talked about earlier, the first
use of Shockwave Player within a web browser which
you are aware is Netscape, June 5th, 1995?
A Yes, the first public use.
10:00AM

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Q In 1993 to 1994, would you consider
10:00AM
yourself to be a person of ordinary skill in the art
as it relates to the subject matter of your
declaration?
MR. WOLFF: Objection.
10:00AM
THE WITNESS: I'm thinking about that,
because that's a new phrase which I'm not familiar
with.
So a person of ordinary skill. I would
have to say I would be a person of extraordinary
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skill.
BY MR. BUDWIN:
Q It's because you are a computer scientist
by education?
A Correct.
10:00AM
Q And you had been working for Macromedia
since at least 1991?
A Yes.
Q And you were familiar with the use and
operation of HyperCard?
10:01AM
A Yes.
Q And you were familiar with the use and
operation of MacroMind Player?
A Yes.
Q And you were also familiar with the use
10:01AM

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and operation of Netscape Navigator?
10:01AM
A Not particularly. I know I used it,
but -Q You had used Netscape Navigator?
A Yes.
10:01AM
Q And despite your familiarity with
HyperCard and the MacroMind Player and Shockwave and
Netscape, the first time that you're aware of that
those -- that Director was used within a web browser
was June 5th, 1995, with the public release of the
10:01AM
Shockwave Player?
A Yes.
Q And you can't recall the date or any date
prior to June 5th, 1995 when you thought about
putting a Director player or MacroMind Player or
10:02AM
Shockwave Player within a web browser?
A No, no, I don't have the information about
that.
Q Do you recall having such a thought?
MR. WOLFF: Objection.
10:02AM
THE WITNESS: I would say not the way that
it's phrased, no.
BY MR. BUDWIN:
Q Now, HyperCard was something that worked
solely on the Macintosh; is that right?
10:02AM

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A Yes, that's correct.
10:02AM
Q And you said you had never previously
heard of something called -- strike that.
You said that prior to your work in this
lawsuit, you had never heard of something called
10:03AM
Viola?
A I don't believe I have.
Q Do you have any understanding as to
whether Viola works solely on UNIX?
A I believe it does, but I don't know for
10:03AM
sure.
Q Is it easy to combine something that works
solely on a Macintosh in 1994 with something that
works solely on UNIX in 1994?
A Is it easy -10:03AM
MR. WOLFF: Objection.
THE WITNESS: Is it easy to combine them.
I guess I'm not sure exactly what you're asking.
BY MR. BUDWIN:
Q Can you take a program like Viola that
10:03AM
runs solely on UNIX in the 1994 timeframe and
successfully run it on a Macintosh without changing
it?
A Oh, no, you could not do that.
Q What would be involved in changing a UNIX 10:04AM

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