Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 1342

TRIAL BRIEF DEFENDANTS' OFFER OF PROOF REGARDING TIME LIMITATION FOR INVALIDITY TRIAL by Adobe Systems Incorporated, Amazon.com Inc., CDW Corporation, Google Inc., J.C. Penney Corporation, Inc., Staples, Inc., The Go Daddy Group, Inc., Yahoo! Inc., YouTube, LLC. (Attachments: # 1 DECLARATION OF JENNIFER HALTOM DOAN IN SUPPORT OF, # 2 DECLARATION OF ANDREW L. PERITO IN SUPPORT OF, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L)(Doan, Jennifer)

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EXHIBIT J McRae_Chris McRae, Christopher (Vol. 01) - 09/19/2011 1 CLIP (RUNNING 00:11:03.662) McRae_Defendants CM01 34 SEGMENTS (RUNNING 00:11:03.662) 1. PAGE 13:07 TO 13:07 (RUNNING 00:00:01.407) 07 Q. Good morning, Mr. McRae. We meet off the 2. PAGE 13:12 TO 13:13 (RUNNING 00:00:02.263) 12 13 A. Have you ever been deposed before? No. 3. PAGE 80:06 TO 80:20 (RUNNING 00:00:33.640) 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 Q. (By Mr. Wolff) Do you recognize what's been marked as Exhibit 26? A. Yes. Q. What is it? A. It seems to be an e-mail from me to David Martin. Q. From September 8th, 1993? A. Yes. That's what it says. Q. You state in this message, "I know I have seen this page before, but I don't know if you have. At any rate, take a look at" -- and it provides a URL. Then it continues, "In particular, see the MediaView notes." Does this refresh your recollection about ever looking at the MediaView system? 4. PAGE 80:22 TO 80:23 (RUNNING 00:00:04.357) 22 23 THE DEPONENT: I don't recall ever seeing the MediaView system. Apparently, I did. 5. PAGE 80:24 TO 81:01 (RUNNING 00:00:05.511) 24 25 00081:01 Q. (By Mr. Wolff) Do you have any reason -- do you know why you would have told Mr. Martin to go look at the MediaView system? 6. PAGE 81:03 TO 81:15 (RUNNING 00:00:45.972) 03 04 05 06 07 08 09 10 11 12 13 14 15 THE DEPONENT: I saw it as part of my job. Q. (By Mr. Wolff) Why was it part of your job? A. I -- we were crafting information systems for the library, and I often found things that I thought were of interest and shared them with David or others. Q. And why would MediaView have been of interest? A. Well, I can only respond from what I have seen today, that it was an information system, and that's why it would have been of interest. Q. It would have been of interest for particular projects you were working at at UCSF? A. I say, "In particular." Apparently, so. 7. PAGE 81:19 TO 82:05 (RUNNING 00:00:45.325) 19 20 21 22 CONFIDENTIAL Q. And so you would have come across this link at least by September 8th, 1993, but in this message you say that you have seen this page before. A. Yes. page 1 McRae_Chris 23 24 25 00082:01 02 03 04 05 Q. Do you know how far before? A. I have no way of knowing when it was published, but I did scan through the CERN Website when I first discovered the WWW software. Q. And what was the purpose of scanning through the CERN Website? A. To educate myself and discover whether there's anything useful. 8. PAGE 87:14 TO 87:19 (RUNNING 00:00:18.169) 14 15 16 17 18 19 Q. Did you attend the WorldWideWeb Wizards Workshop in July in Cambridge in 1993? A. Yes. Q. Did you see the Viola system at that conference? A. Yes, I think. 9. PAGE 87:23 TO 88:04 (RUNNING 00:00:19.656) 23 24 25 00088:01 02 03 04 Q. (By Mr. Wolff) Okay. What is your understanding of the Viola system? A. It's a Web browser. Q. And what did it do? A. It displayed Web pages. Q. What kind of Web pages? A. HTML Web pages. 10. PAGE 88:16 TO 89:08 (RUNNING 00:00:39.567) 16 17 18 19 20 21 22 23 24 25 00089:01 02 03 04 05 06 07 08 Q. (By Mr. Wolff) Was it interesting to you to see the Viola system? A. Yes. Q. What was interesting about it? A. I -- let me correct myself, actually. I'm not sure that I actually saw a demo. I did get explanations or a description of what it does from Pei Wei. Q. Anyone else? A. Possibly. Q. Who else would have been there that could have described it to you? A. Scott Silvi. Q. Anyone else? A. Yes. I'm sure others were aware of it, and I spoke to quite a few people. Q. Did you meet Dale Dougherty there? A. Yes. 11. PAGE 89:11 TO 89:16 (RUNNING 00:00:13.277) 11 12 13 14 15 16 Q. Okay. Was he also explaining the Viola system? A. I believe so. Q. Were there a lot of people getting explanations about the Viola system while you were standing around it? 12. PAGE 89:18 TO 89:24 (RUNNING 00:00:15.755) 18 19 20 21 22 23 24 CONFIDENTIAL THE DEPONENT: That was the purpose of the conference. Q. (By Mr. Wolff) To demonstrate Viola? A. Demonstrate WorldWideWeb tools or discuss WorldWideWeb-related technologies, including Viola. Q. Did you get a technical description of how Viola operated at the conference? page 2 McRae_Chris 13. PAGE 90:01 TO 90:02 (RUNNING 00:00:01.965) 00090:01 02 THE DEPONENT: discussions. There were technical 14. PAGE 91:02 TO 91:06 (RUNNING 00:00:09.280) 02 03 04 05 06 Q. Had you used Mosaic at the time you attended the conference? A. Yes. Q. Was there anything different about Mosaic versus Viola? 15. PAGE 91:08 TO 91:16 (RUNNING 00:00:37.603) 08 09 10 11 12 13 14 15 16 THE DEPONENT: Yes. There are differences. Q. (By Mr. Wolff) Like what? A. I believe Viola had a broader range of image types that it supported as inlined embedded images. Q. What kind of image types? A. At that time I believe Mosaic still only displayed GIF format images inline, whereas Viola had a broader range of image types that it understood or supported. 16. PAGE 93:01 TO 93:02 (RUNNING 00:00:05.955) 00093:01 02 Q. Viola? Do you recall a drawing widget or object with 17. PAGE 93:04 TO 93:12 (RUNNING 00:00:20.046) 04 05 06 07 08 09 10 11 12 THE DEPONENT: Yes. Q. (By Mr. Wolff) What did that do? A. Let you scribble. Q. What do you mean, it let you scribble? A. Pick a pen, pick a color. Drag your mouse across the screen and you see a line where you dragged the mouse pointer. Q. Was it inline with the Web page that you were viewing? 18. PAGE 93:14 TO 93:16 (RUNNING 00:00:06.129) 14 15 16 THE DEPONENT: It was in the browser window. Q. (By Mr. Wolff) It wasn't in a separate window apart from the browser window? 19. PAGE 93:18 TO 93:22 (RUNNING 00:00:15.347) 18 19 20 21 22 Q. widget? A. saw it. THE DEPONENT: No, I don't think so. (By Mr. Wolff) Did you ever use the drawing I don't recall whether I used it myself. I 20. PAGE 138:23 TO 139:08 (RUNNING 00:00:43.167) 23 24 25 00139:01 02 03 04 05 06 07 08 CONFIDENTIAL Q. (By Mr. Wolff) Do you know whether before March -- sorry -- before April of 1993 the community had discussed embedding video in Web pages? A. Yes, I do know -Q. And what -A. -- that it did. Q. And why was that? A. Well, I think there's more than one example, but the README file for XMosaic, I think released in March, specifically mentions their intention to do that. page 3 McRae_Chris 21. PAGE 146:20 TO 147:14 (RUNNING 00:01:13.558) 20 21 22 23 24 25 00147:01 02 03 04 05 06 07 08 09 10 11 12 13 14 Q. (By Mr. Wolff) So what was exactly that idea that you communicated to Mr. Doyle? A. The idea of using external application -using the browser as a front end for external applications with bidirectional communication between the two programs. Q. And you didn't think that that's disclosed in any of the prior discussions about XMosaic and incorporating Xv and Ghostscript functionality? A. On the contrary, actually. I -- I took inspiration from these discussions. And, you know, I mentioned earlier that I was skeptical of the patent or the claim of patentability in that first conversation with Mike Doyle because I knew where -- you know, where I was coming from. But at the same time I felt that I had, you know, a unique twist that I had put on it. But I didn't -- I guess maybe I was naive. I didn't believe that was patentable, and honestly I have been surprised, you know, at the history. 22. PAGE 148:04 TO 148:10 (RUNNING 00:00:11.047) 04 05 06 07 08 09 10 Q. (By Mr. Wolff) Well, you just testified that you were surprised that Mr. Doyle thought it was patentable and you expressed your skepticism about that, right? A. That's right. Q. And what was it that you told him why it wasn't patentable? 23. PAGE 148:12 TO 148:23 (RUNNING 00:00:33.553) 12 13 14 15 16 17 18 19 20 21 22 23 THE DEPONENT: At the time, I think I said there was prior art. Q. (By Mr. Wolff) And what prior art would that be? A. I was thinking of -- well the X Window system, the ideal Window manager, which is essentially the role that the browser takes in the invention, and the description of the EMBED tag and the other discussions here. Q. The discussions about Xv? A. Yes. Q. And discussions about embedding video? 24. PAGE 148:25 TO 148:25 (RUNNING 00:00:00.809) 25 THE DEPONENT: Yes. 25. PAGE 151:04 TO 151:11 (RUNNING 00:00:18.788) 04 05 06 07 08 09 10 11 Q. And you were skeptical back in 1993 when Mr. Doyle told you that he thought that this was patentable. A. Yes. Q. And you were skeptical because you had basically built on the ideas of others who had done similar things or proposed similar ideas. A. I was skeptical -- 26. PAGE 151:13 TO 151:14 (RUNNING 00:00:02.267) 13 14 CONFIDENTIAL THE DEPONENT: what was novel. -- because I didn't understand page 4 McRae_Chris 27. PAGE 160:11 TO 160:16 (RUNNING 00:00:15.030) 11 12 13 14 15 16 Q. And, Mr. McRae, you worked at the University of California San Francisco; is that correct? A. Yes, I did. Q. And you were there from February 1993 to December of 1993; is that correct? A. Yes, it is. 28. PAGE 186:20 TO 187:04 (RUNNING 00:00:24.451) 20 21 22 23 24 25 00187:01 02 03 04 Q. (By Mr. Budwin) And Mr. Wolff also asked you questions about Viola and a drawing widget. Do you recall that? A. Yes. Q. Needless to say, you don't recall Mr. Wei or anyone else demonstrating Viola with a drawing widget at the Wizards Conference in July of 1993, do you? A. Actually, I do -- I believe that is what I saw, is that part of the demo or that's what I became aware of. I saw that -- Viola do that. 29. PAGE 190:01 TO 190:04 (RUNNING 00:00:11.875) 00190:01 02 03 04 Q. (By Mr. Budwin) Sitting here today, you have no specific recollection of discussing Viola with anybody in your group at UCSF before you left UCSF in December of 1993, right? 30. PAGE 190:06 TO 190:11 (RUNNING 00:00:12.809) 06 07 08 09 10 11 THE DEPONENT: On the contrary, I know that I did discuss Viola with them. Q. (By Mr. Budwin) Okay. Who did you talk about it with? A. I'm not sure about Mike Doyle, but certainly David Martin, Cheong Ang and Marc Solomon. 31. PAGE 193:22 TO 194:01 (RUNNING 00:00:16.582) 22 23 24 25 00194:01 Q. And do you have a specific recollection of telling Martin, Ang, or anyone else at UCSF, about the drawing area widget in Viola? A. I believe I -- I have recollection of telling David Martin about -- about that. 32. PAGE 194:06 TO 194:15 (RUNNING 00:00:22.287) 06 07 08 09 10 11 12 13 14 15 Q. Was it before or after you left UCSF? A. During my time at UCSF I would have told him. Q. What specifically did you tell him? A. "Hey, Viola can do this." Q. Well, did you tell him they could do it in the browser? outside the browser? A. It would have been in the browser. Q. And so you remember specifically having this discussion with David Martin. A. Yes. 33. PAGE 196:22 TO 196:24 (RUNNING 00:00:07.587) 22 23 24 Q. While you were at UCSF, do you recall using the drawing area widget in Viola? A. Yes. 34. PAGE 219:24 TO 220:14 (RUNNING 00:00:28.628) 24 25 00220:01 02 CONFIDENTIAL Q. Now, Mr. Budwin also asked you questions about what you actually saw when you were at the Wizards or the Web Conference, for example, in Cambridge. page 5 McRae_Chris 03 04 05 06 07 08 09 10 11 12 13 14 A. Q. Do you recall that? In July 1993, yes. Correct. And do you -- you did attend the conference, correct? A. Yes. Q. And you do recall that Viola was shown at the conference, correct? A. Yes. Q. And was it -- was Viola a secret at the conference? A. No. TOTAL: 1 CLIP FROM 1 DEPOSITION (RUNNING 00:11:03.662) CONFIDENTIAL page 6

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