Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 1313

Emergency MOTION to Strike THE SUPPLEMENTAL ERRATA SHEET OF ERIC BINA by Eolas Technologies Incorporated, The Regents of the University of California. (Attachments: # 1 Appendix A, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Text of Proposed Order)(McKool, Mike) (Additional attachment(s) added on 2/6/2012: # 7 Text of Proposed Order Corrected) (mjc, ).

EXHIBIT A

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ERIC BINA

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF TEXAS

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TYLER DIVISION

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EOLAS TECHNOLOGIES INCORPORATED, )

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Plaintiff,

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vs.

) Case No.
) 6:09-CV-446

ADOBE SYSTEMS, INC.; AMAZON. COM;)
et al.,

)

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Defendants.

)

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DEPOSITION OF ERIC BINA

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Chicago, Illinois

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August 2, 2011

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REPORTED BY:

Tina Alfaro, RPR, CRR, RMR, CLR

TSG Reporting - Worldwide

877-702-9580

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ERIC BINA

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when you first received this e-mail, did you read

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Eolas's patent subsequently?

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A.

Yes.

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Q.

And when did you last read Eolas patents?

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A.

I last looked at them -- not reading them

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A.

Yes.

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Q.

When did you last read Eolas patents

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specifically than that, like, you know, the month

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and day.

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Q.

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reason?

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A.

Yes.

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Q.

How is it that you know it was 2010?

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A.

Because that was when Jason Wolff contacted

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or even year.
Q.

Okay.

And since that time in early 2000

completely, but looking at certain claims in them
this morning.
Q.

And have you ever read Eolas patents

completely?

completely?
A.

2010.

I don't know the date more

But you know it was 2010 for some certain

Yes.

me about their patent.
Q.

And Jason Wolff is counsel for Adobe in

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A.

Yes.

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Q.

Is Jason Wolff also representing you

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A.

Yes.

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Q.

Are you also represented by counsel for

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A.

Yes.

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Q.

Are there any other Defendants whose

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A.

No.

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Q.

Are you aware that Jason Wolff also

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A.

I am.

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Q.

So Go Daddy, Adobe, Amazon, eBay, and Yahoo

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are all Defendants whose attorneys also represent

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you; is that right?

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works.

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me, and if that means that all those companies

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represent me, then yes, that is the case.

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this case?
Uh-huh.

today?

Amazon, eBay, and Yahoo today?

attorneys also represent you?

represents Go Daddy in this case?

A.

Q.

I don't know the legal details of how that
I know that these two attorneys represent

Okay.

Well, Jennifer Doan and Jason Wolff

both represent you; is that right?
A.

Correct.

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is that right?

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MS. DOAN:

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would have read their patent was in earlier 2000,

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correct.

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Q.

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with Mosaic.

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the Mosaic Web browser; is that right?

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A.

That's correct.

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Q.

And did you develop Mosaic when you were a

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A.

No.

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Q.

What position did you have when you

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official title.

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engineer, but I don't recall.

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Q.

What is Mosaic if you had to describe it?

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A.

It was a Web browser.

aware of Eolas?
A.

To the best of my knowledge, it was when I

read their patent.
Q.

And this is sometime the 2000 time frame;

Objection, form.

BY THE WITNESS:
A.

My earlier guess was that the first time I

Let's go back to some of your work starting
Now, you are one of the developers of

student at the University of Illinois?

developed Mosaic?
A.

My official title.

I don't recall my

I might have been research

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something that maybe you could pin to something else

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that happened?

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left NCSA to join a startup company which was

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Netscape.

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Netscape was started, it was right around that date

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that I left NCSA.

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Q.

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MR. BUDWIN:

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founded in 1994.

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MR. WOLFF:

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MR. BUDWIN:

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THE WITNESS:

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of Wikipedia information since they have misleading

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information about me, at least they used to.

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prefer if anyone still had any of the press

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announcements that Netscape sent out or like

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articles from newspapers that reported on a new

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company, that sort of stuff.

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those, I'm willing to grant 1994 sounds like a

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reasonable year.

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BY MR. RAPPAPORT:

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Q.

A.

And I know it's a while back, but was this

Q.

Certainly, if we had documents, because I

So if we have, you know, the date of when

Okay.
According to Wikipedia, it was
Does that sound right?
Netscape or Mosaic?
Netscape.
It could be correct.

I'm leery

So I'd

But if we don't have

Why did you leave NCSA to go to Netscape?

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Q.

And before that what was it called?

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A.

The very first name, Mosaic Communicator, I

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Clark wanted to do a startup company to develop Web

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browsers.

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A.

Yes.

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Q.

Who else was a co-founder with you?

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A.

I don't know if I have the full list.

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A.

Joining a startup company is like the dream

for software developers.
Q.

And when you were at Netscape, did you

continue to develop a browser?
A.

Yes.

We developed a new Web browser

there.
Q.

And was that -- what was the name of that

browser?
A.

It eventually became the Netscape

Navigator.

think.
Q.

Why was it that you wanted to continue to

develop browsers once you left NCSA?
A.

Q.

I wanted to be part of a startup, and Jim

Were you one of the co-founders of

Netscape?

Many

of the people I mentioned already, Mark Andreessen,

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different functionality than was in that version

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that I saw before we started developing the Web

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browser.

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A.

Correct.

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Q.

-- didn't have in-line images?

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A.

Correct.

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Q.

Do you remember that when you were being

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questioned by Ms. Doan there were some questions

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about whether it would have been obvious to

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implement some of Eolas's invention in light of

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things that you had heard?

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A.

Yes.

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Q.

Even though you say that it would have been

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obvious to do some of these things to practice

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Eolas's invention, you're not aware of any public

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version of Web browsers that could implement Eolas's

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invention prior to the end of 1994, are you?

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A.

I am not.

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Q.

Is it true that you later saw browsers

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Q.

That early Viola version that you first

saw --

MS. DOAN:

Objection, form.

BY THE WITNESS:

after that time implement Eolas's invention?

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browsers I didn't know about.

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today, I do not know -- I'm going to go back to the

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"with certainty" thing -- with certainty that any

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browser implemented the Eolas invention before 1994.

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You seem to be taking the inverse of that in a

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binary true set, which I'm not certain that's

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helpful, in wanting me to state that's true, and I

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don't think I can because you want me to be stating

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that I know that none did, and I can't know a

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negative like that.

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today sitting here about any browser that was

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publicly available before the end of 1994 that

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implemented Eolas's invention?

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know of that before 1994 I know implemented Eolas's

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invention.

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A.

Oh, yes, the video demo.

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Q.

Do you have any documents regarding this?

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A.

No.

Q.

Okay.

So sitting here

So let me flip it.

MR. DUSTON:

Can you tell me

Objection, form.

BY THE WITNESS:
A.

Q.

I can't tell you about any browser that I

Now, you also mentioned the demo of Mosaic

to Ms. Doan again.

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Yes.