Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 1340

TRIAL BRIEF DEFENDANTS' OFFER OF PROOF #5 REGARDING PRIOR ART CODE AND DEMONSTRATIVE EXHIBITS by Adobe Systems Incorporated, Amazon.com Inc., Google Inc., J.C. Penney Corporation, Inc., Staples, Inc., The Go Daddy Group, Inc., Yahoo! Inc., YouTube, LLC. (Attachments: # 1 Declaration of Andrew L. Perito In Support Of, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E, # 7 Exhibit Exhibit F, # 8 Exhibit Exhibit G)(Doan, Jennifer)

EXHIBIT D

Case Clip(s) Detailed Report
Saturday, February 04, 2012, 11:06:27 AM

Jacob_Karl

Jacob, Karl A., III. (Vol. 01) - 10/04/2001

1 CLIP (RUNNING 00:08:09.352)

Jacob_Defendant
KJ01

23 SEGMENTS (RUNNING 00:08:09.352)

1. PAGE 4:11 TO 4:12 (RUNNING 00:00:03.382)

11
12

Q.
A.

Please state your name for the record.
Karl A. Jacob III.

2. PAGE 6:02 TO 6:09 (RUNNING 00:00:15.912)

02
03
04
05
06
07
08
09

Q.
I see. When you graduated in 1992, did you
go to work immediately?
A.
Pretty much immediately for Sun
Microsystems.
Q.
So you -- you joined Sun around the spring
or early summer of 1992?
A.
Right. Actually I was a summer intern for
them the year before as well.

3. PAGE 10:17 TO 10:22 (RUNNING 00:00:11.543)

17
18
19
20
21
22

Q.
A.
Q.
A.
Q.
A.

Did you work with James Kempf at all -Yes.
-- at Sun?
Yes.
Where did he fit in the hierarchy?
He spent a lot of his -- in the hierarchy?

4. PAGE 10:23 TO 11:06 (RUNNING 00:00:28.322)

23
24
25
00011:01
02
03
04
05
06

He was a relatively recent addition to the team
when -- when I was there, but I think that -- I don't
remember his exact responsibilities. He -- he was
doing software work mostly on -- on more futuristic
types of applications.
Q.
Did you work with him -A.
Yes. I mean -Q.
-- at all on any projects?
A.
Yes.

5. PAGE 12:17 TO 13:03 (RUNNING 00:00:32.336)

17
18
19
20
21
22
23
24
25
00013:01
02
03

Q.
As part of your efforts in the Nomadic
Computing Group, did you have an interest in -- in
Web browsers in 1993?
A.
Yes.
Q.
Can you describe that in general terms.
A.
Given that -- that the main goal of -- of
my group was to figure out how to build applications
that would work in low-bandwidth environments like
phone lines and satellite connections, Web browsing
was one of the things that we wanted to make sure
that people could do in a -- in a speedy way over -over slow connections.

6. PAGE 13:04 TO 13:06 (RUNNING 00:00:03.472)

04
05
06

CONFIDENTIAL

Q.
browser?
A.

Have you ever heard of the Viola Web
Yes.

page 1

Case Clip(s) Detailed Report
Saturday, February 04, 2012, 11:06:27 AM

Jacob_Karl
7. PAGE 13:15 TO 13:24 (RUNNING 00:00:35.556)

15
16
17
18
19
20
21
22
23
24

Q.
Have you ever seen the Viola Web browser in
operation?
A.
Yes.
Q.
Can you recall specifically any instances
where you saw it in operation?
A.
Like most people at the time, I had seen it
demoed in different environments and at different
times. I've seen it on UNIX machines and -- and
at -- at gatherings. I saw it -- I did see it once
when I was at Sun. James showed me a version of it.

8. PAGE 14:03 TO 14:13 (RUNNING 00:00:39.817)

03
04
05
06
07
08
09
10
11
12
13

Q.
Let me refer you to one of the exhibits
that's in front of you, Mr. Jacob, and it's Number
26. I'll help you there. It's this one right here.
A.
Okay.
Q.
And this is an E-mail that Dale Dougherty
wrote and sent on May 8th, 1993, but what I'd like
you to look at is on the second page.
A.
Okay.
Q.
Near the bottom there's a paragraph
numbered 6. Do you see that?
A.
Yes.

9. PAGE 14:20 TO 15:05 (RUNNING 00:00:41.911)

20
21
22
23
24
25
00015:01
02
03
04
05

Q.
Do you recall a meeting with Pei, Scott and
Dale Dougherty as described in that paragraph?
A.
I do -- I do remember meeting with a group
from O'Reilly. I -- I didn't remember specifically
the members, but yes.
Q.
Do you recall during that meeting having
seen a demonstration of the Viola Web browser?
A.
Yes.
Q.
Do you recall as part of that demonstration
seeing an interactive program object embedded in a
Web page?

10. PAGE 15:08 TO 15:11 (RUNNING 00:00:11.767)

08
09
10
11

A.
I remember seeing an animated object in the
Web page, yes.
Q.
Take a look at another document that's in
front of you, and it's Exhibit 604.

11. PAGE 15:14 TO 15:22 (RUNNING 00:00:45.328)

14
15
16
17
18
19
20
21
22

Q.
You can take a quick look through it if
you want, but my main interest is on the
second-to-last page of the exhibit. Does that look
at all like the Viola Web browser demonstration that
you saw?
A.
It looks like the object in -- in -- in the
demonstration. Other than that, it -- it doesn't -it doesn't look familiar other than the -- the object
itself.

12. PAGE 16:02 TO 16:04 (RUNNING 00:00:02.936)

02
03
04

Q.
Do you remember the object being
manipulated?
A.
Yes.

13. PAGE 16:10 TO 16:17 (RUNNING 00:00:18.724)

10
11
CONFIDENTIAL

Q.
Do you recall yourself actually
manipulating and -- and interacting with the object?
page 2

Case Clip(s) Detailed Report
Saturday, February 04, 2012, 11:06:27 AM

Jacob_Karl
12
13
14
15
16
17

A.
I don't believe so. I do remember -remember James interacting with it, but I -- I don't
remember doing it myself, no.
Q.
But you attended the meeting where that
happened?
A.
Yes, yes.

14. PAGE 17:02 TO 17:06 (RUNNING 00:00:05.593)

02
03
04
05
06

Q.
Is there anything in your memory that would
be inconsistent with that having -A.
No.
Q.
-- occurred on May 7th, 1993?
A.
No.

15. PAGE 17:20 TO 17:24 (RUNNING 00:00:09.873)

20
21
22
23
24

Q.
I just placed in front of you, Mr. Jacob,
Exhibit 605, which is a notebook computer that is
running a demonstration of the Viola Web browser. Do
you see that?
A.
Uh-huh.

16. PAGE 18:03 TO 18:09 (RUNNING 00:00:14.918)

03
04
05
06
07
08
09

Q.
Do you see the Viola Web browser display on
the screen of the laptop in front of you?
A.
Yes.
Q.
Does that look to you like it has the
characteristics of the demonstration that you saw -MR. LUECK: Go ahead.
Q.
-- on May 7th, 1993?

17. PAGE 18:16 TO 18:17 (RUNNING 00:00:03.099)

16
17

A.
It -- it looks similar to -- to what I saw
on that day.

18. PAGE 18:22 TO 18:25 (RUNNING 00:00:15.024)

22
23
24
25

Q.
If you would, if you don't mind, why don't
you use the touch pad to interact with the slider
bars on the side and see if you can manipulate the
object that's displayed.

19. PAGE 19:06 TO 19:09 (RUNNING 00:00:11.947)

06
07
08
09

Are you able to manipulate the object?
A.
Yep.
Q.
Now if you would, pull the drop-down menu
Ops at the top right-hand corner.

20. PAGE 19:11 TO 19:16 (RUNNING 00:00:28.547)

11
12
13
14
15
16

Q.
And select the -- either one of those first
two demonstrations, and then if you would, manipulate
the slider bars again and see if that looks to you
like the demonstration you saw on May 7th, 1993.
A.
It looks similar, yes.
Q.
Do you notice any differences?

21. PAGE 19:18 TO 20:06 (RUNNING 00:00:47.036)

18
19
20
21
22
23
24
25
CONFIDENTIAL

A.
Not -- not that I recall.
Q.
Now I believe you testified that you also
recalled seeing a demonstration of the Viola Web
browser at Sun; is that correct?
A.
That's correct.
Q.
Can you describe your memory of that event.
A.
My memory was that James had set it up on
his computer somehow -- I think it was his
page 3

Case Clip(s) Detailed Report
Saturday, February 04, 2012, 11:06:27 AM

Jacob_Karl
00020:01
02
03
04
05
06

computer -- and, you know, said, "Come look at this"
or "Check it out."
Q.
And did you see a demonstration that
included wire-frame airplanes of the type that you
just saw in the demonstration of Exhibit 605?
A.
Yes.

22. PAGE 20:10 TO 20:12 (RUNNING 00:00:08.605)

10
11
12

Q.
Can you say for certain that it was
sometime in 1993?
A.
Yeah. Yeah, yeah. Yes.

23. PAGE 24:08 TO 24:22 (RUNNING 00:00:53.704)

08
09
10
11
12
13
14
15
16
17
18
19
20
21
22

Q.
When you -- you mentioned before that you
saw another demonstration. Do you recall that?
A.
Of Viola or -Q.
Yeah, at Sun.
A.
Well I -- I -- I have seen demonstrations
of Viola outside of Sun, inside of Sun, but
specifically the demonstrations that I remember other
than the one that I saw at Sun were outside of Sun.
Q.
Okay. But you -- you saw one that was done
by Mr. Kempf; is that right?
A.
Correct.
Q.
Is it possible that you're in error about
having seen the wire-frame aircraft in that
demonstration?
A.
No.

TOTAL: 1 CLIP FROM 1 DEPOSITION (RUNNING 00:08:09.352)

CONFIDENTIAL

page 4