Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 1319

RESPONSE in Opposition re 1313 Emergency MOTION to Strike THE SUPPLEMENTAL ERRATA SHEET OF ERIC BINA filed by Amazon.com Inc., Yahoo! Inc.. (Attachments: # 1 Exhibit A)(Reines, Edward)

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

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was -- people who had ordinary skill in that were

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talking about doing it.

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talking about it.

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creation of that same thing that Eolas claims they

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invented in their patent; is that correct?

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BY MS. DOAN:

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Q.

You can answer.

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A.

I did a demo version of something which I

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BY MS. DOAN:

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Q.

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I've marked as Exhibit No. 3, and it's a document

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produced in this litigation from a WWW conference

application with an in-line embedded tag?
MR. RAPPAPORT:

Objection, form.

BY THE WITNESS:
A.

Q.

I think it was obvious to do it because it

They were in the news group

In fact, you had developed or worked on a

MR. RAPPAPORT:

Objection, form.

believe meets all the criteria of their patent, yes.
Q.

You also mentioned that you were familiar

with the Viola browser; do you remember that?
A.

Yes.
(Bina Exhibit 3 was marked as
requested.)

I'm handing you what's been marked -- what

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A.

Yes.

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Q.

Can you tell us what it is?

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A.

It's pictures of people who attended this

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Q.

And when was the conference held?

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A.

July 1993.

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Q.

And were you there?

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A.

Yes.

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Q.

And you also see that a Mr. Pei Wei was

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A.

Yes.

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Q.

And you see that Tim Berners-Lee was there

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A.

Yes.

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Q.

And Dale Dougherty was there?

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A.

Yes.

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Q.

And Scott Silvery was there?

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A.

Yes.

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Q.

And did you see Pei Wei make a

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demonstration of the Viola browser at the Cambridge

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conference in July 1993?

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A.

Yes.

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Q.

Can you tell us about that?

photo.

Have you seen this document?

conference in Cambridge.

also there?

as well?

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there, I remember seeing the browser, I remember

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talking to Pei Wei.

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to know about?

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A.

Yes.

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Q.

And was he showing what appeared to be

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images in the browser that were coming in through an

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external application?

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similar to what was in Mosaic later -- later or

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earlier, I don't know the dates, but yes, it was --

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similar features to what we were doing where you had

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an external application that could view an image.

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A.

Yes.

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Q.

Will you tell us about those?

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A.

I don't remember everything discussed.

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What I remember was, I was talking to him about his

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use of the Viola tool kit, and I was wanting to see

A.

Q.

Not completely.

I mean, I remember being

What specifically do you want

The demonstration that he had, did it have

an external application?

MR. RAPPAPORT:

Objection, form.

BY THE WITNESS:
A.

Q.

The Viola browser at that time had features

Okay.

And did you have any conversations

with Pei Wei at that conference?

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A.

I had, yes.

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Q.

And do you know the specific date that you

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Viola Web browser before I first started on the

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Mosaic Web browser.

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A.

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Mosaic.

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was probably functionally equivalent to that

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version, and then both continued to develop and

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adding functions and they probably diverged so that

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they had different sets of functions after that.

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was different than Viola's in the functions that it

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provided because your Mosaic browser had in-line

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images?

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A.

Q.

And had you seen any demonstration of Pei

Wei's work prior to this?

would have seen such demonstrations?
A.

Well, I know I saw a demonstration of the

So that would have been in the

fall of 1992.
Q.

That version of Viola was different than

your Mosaic browser that would come later, right?
MS. DOAN:

Objection, form.

BY THE WITNESS:

Q.

That version of Viola was before we had
There was then a version of Mosaic which

But am I correct that your Mosaic browser

Well, when you say my Mosaic browser it

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A.

I created it while I was at NCSA, yes.

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Q.

Okay.

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documents here today to show that doesn't mean that

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your testimony is in any way not truthful, correct?

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A.

My testimony is truthful, correct.

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Q.

Okay.

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version 0.9, you released images, in-line images,

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right?

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A.

Yes.

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Q.

Before -- you released that to the public

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A.

Yes.

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Q.

And before you left NCSA, you did see the

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A.

Yes.

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Q.

So he asked you a whole bunch of questions

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about whether you'd ever seen any other browser

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having any type of in-line video before you left

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NCSA; do you remember that?

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A.

I do.

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Q.

Okay.

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to the public or not?

And just because you don't have any

Now, with respect to what you

released to the public through Mosaic in

before you left NCSA?

demonstration of Viola, correct?

And when you answered those

questions, okay, you were excluding Viola because

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you know you saw Viola, you just don't recall

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sitting here today whether it had in-line video; is

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that fair?

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form.

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BY THE WITNESS:

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question until he reframed it as asking if I could

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be certain that it had been implemented in a browser

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before I left, and I said no.

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why the other is, is because you're not certain

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about Viola; is that right?

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A.

That's what I meant, yes.

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Q.

So if he asked you the question that you're

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not aware of any Web browser that implemented

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Viola's claimed invention before you left NCSA,

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okay, the browser of which you may be aware of, that

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would be Viola if it, in fact, did that, right?

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form.

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BY THE WITNESS:

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MR. RAPPAPORT:

A.

Objection, leading; objection,

My memory of the previous testimony was we

kept going round and round and he kept reframing his

Q.

Okay.

And the reason you can't be certain

MR. RAPPAPORT:

A.

Objection, leading; objection,

You're confusing me again.

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for the jury because I don't want him putting words

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in your mouth.

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unclear because the same question gets asked

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multiple times with slight differences.

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A.

Yes.

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Q.

And we know that Viola had some type of

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A.

Yes.

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Q.

Okay.

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don't recall one way or the other is whether it had

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in-line or not?

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A.

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MR. RAPPAPORT:

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BY MS. DOAN:

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Q.

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Mr. Rappaport's questions, Viola may have done that,

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you're just not sure one way or the other; is that

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fair?

Q.

That's okay.

Let me ask a better question.

I just want to make sure we're really clear

A.

Q.

I understand.

Sure.

But it's becoming very

That's okay.

We know before you left NCSA you saw Viola
demonstrated?

external application, right?

And you know that -- but what you

Correct.
Objection, leading.

So all of your answers with respect to

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A.

That is true.

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Q.

So when we're talking about another browser

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that you may have witnessed that implemented the

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invention that Eolas claims to have invented, okay,

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before you left NCSA, okay, that may or may not have

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been Viola, fair?

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leading.

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BY THE WITNESS:

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implemented plug-ins before I left NCSA.

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be certain I witnessed another browser that

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implemented plug-ins before I left NCSA.

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Now, in addition there may have -- I know

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he's asking about browsers that you knew of at the

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time.

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Of course, there may have been other browsers out

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there that you did know about, fair?

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A.

Absolutely, certainly.

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Q.

For example, you did not know about

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MR. RAPPAPORT:

Objection, leading.

BY THE WITNESS:

MR. RAPPAPORT:

A.

Objection, form; objection,

Q.

I may have witnessed another browser that

That's fair.

I cannot

Okay.

Not with hindsight, but knew of at the time.

Media View at that time; fair?

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