Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 214

MOTION to Change Venue to the U.S. District Court for the Northern District of California Pursuant to 28 U.S.C. 1404(a) by Apple Inc.. (Attachments: # 1 Affidavit Teague I. Donahey, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28, # 30 Exhibit 29, # 31 Exhibit 30, # 32 Exhibit 31, # 33 Exhibit 32, # 34 Exhibit 33, # 35 Exhibit 34, # 36 Exhibit 35, # 37 Exhibit 36, # 38 Exhibit 37, # 39 Exhibit 38, # 40 Exhibit 39, # 41 Exhibit 40, # 42 Exhibit 41, # 43 Exhibit 42, # 44 Exhibit 43, # 45 Exhibit 44, # 46 Exhibit 45, # 47 Exhibit 46, # 48 Exhibit 47, # 49 Exhibit 48, # 50 Exhibit 49, # 51 Exhibit 50, # 52 Exhibit 51, # 53 Exhibit 52, # 54 Exhibit 53, # 55 Exhibit 54, # 56 Exhibit 55, # 57 Exhibit 56, # 58 Exhibit 57, # 59 Exhibit 58, # 60 Exhibit 59, # 61 Exhibit 60, # 62 Exhibit 61, # 63 Exhibit 62, # 64 Exhibit 63, # 65 Exhibit 64, # 66 Exhibit 65, # 67 Exhibit 66, # 68 Exhibit 67, # 69 Exhibit 68, # 70 Exhibit 69, # 71 Exhibit 70, # 72 Exhibit 71, # 73 Exhibit 72, # 74 Exhibit 73, # 75 Exhibit 74, # 76 Exhibit 75, # 77 Affidavit Darin Adler, # 78 Exhibit A, # 79 Exhibit B, # 80 Affidavit Marc D. Callipari, # 81 Affidavit Jeetendra Kaul, # 82 Affidavit Steven Mansour, # 83 Affidavit Mark Risher, # 84 Affidavit Sean Scott, # 85 Affidavit Prasad Setty, # 86 Affidavit Jason W. Wolff, # 87 Text of Proposed Order)(Cederoth, Richard) (Additional attachment(s) added on 2/11/2010: # 88 Corrected Proposed Order) (mjc, ).

EXHIBIT 55

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(Brief pause.) THE COURT: Okay. Microsoft calls Mr. Pei Wei to the

MR. HARTMANN: stand, please. THE COURT: right hand. (Witness sworn.) THE COURT:

Would you please face me and raise your

Please be seated.

PEI-YUAN WEI, DEFENDANT'S WITNESS, DULY SWORN VOIR DIRE EXAMINATION BY MR. HARTMANN: Q. Mr. Wei, I put a folder in front of you of exhibits that

we might refer to from time to time, so help yourself whenever you need it. Would you, first of all, give us your full name please. A. Q. My name is Pei-Yuan Wei. Could you speak up just a little so we can hear you? THE COURT: don't move too close. THE WITNESS: BY MR. HARTMANN: Q. A. Q. Are you the author of the Viola WWW browser? Yes. What have you done to prepare yourself for your testimony Pei-Yuan Wei. You can move closer to the mike, just

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in this case today? A. Well, I have gone back and studied more of the materials,

the e-mails, the code, just trying to learn more about my old stuff from ten years ago. Q. A. Q. When did you do that? Last week or so. How much time do you think you've spent preparing

yourself to testify here today during the last week or so? A. Q. ago. A. Q. A. Q. A week. Okay. You gave a deposition in this case a few years

Do you recall that, Mr. Wei? Yes. And at that time you worked for Sun; is that correct? I was retained by a law firm hired by Sun, yes. Hired by Sun. And you were represented at the time of

your deposition by lawyers that also represented Sun? A. Q. That's correct. Okay. Now, are there a number of exhibits that relate to

your Viola browser, Mr. Wei, of which were you not aware at the time of your deposition? A. Q. Yes. And do these exhibits include documents that relate to

the alpha release of your Viola browser? A. Q. Yes. And would you turn to Exhibit 64, for example, in your

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A. Q.

I believe so. All right.

Yes.

Please tell us briefly how you came to

develop the Viola browser. And by the Viola browser, when I use that term, I mean to say the browser that you wrote that supported embedded interactive applications. A. Well, essentially by the end of 1992 I had already

developed a browser, and then I went to work for O'Reilly Associates. During that period I was explained various more

advanced features, and that's when I included this interactive embedded capability into that version of browser. Q. When do you recall you had the idea of making a browser

that was capable of handling embedded objects? A. The idea actually came about day one that I discovered

the World Wide Web. Q. Do you recall what the first document was that reflected

your idea about embedding program objects into a browser or support for that feature? A. Q. 15. A. Q. Okay. Do you have it? Is that a document that contains a Yes. Would you take a look at Exhibit 15, Defendant's Exhibit

communication by you that includes the concept of a browser that was able to support embedded interactive objects?

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A. Q. A.

That's correct. And could you identify that document for us, please? It's an e-mail from me to essentially Tim Berners-Lee.

It's also copied to the World Wide Web Talk. Q. A. Q. Okay. Yes. And did you send it to Mr. Berners-Lee on or about the And are you the author of that e-mail?

date it bears? A. Q. Yes. You did that when you were at -- were you a student at

the time? A. Q. A. Q. No. Where were you working at the time, if at all? On my own time. Okay. I was hanging out.

Now, at the time you were working on the initial

version of the Viola browser; is that correct? A. Q. That's correct. Okay. And was it your practice at the time to

communicate with other people in the browser development community regarding your Viola browser? A. Yes. Everyone who were developing process were

communicating on this World Wide Web Talk. MR. HARTMANN: 15 at that point, Judge. THE COURT: You don't have to move at all now, I want to move for admission of DTX

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because it's an offer of proof. BY MR. HARTMANN: Q. All right. Now, would you look at DTX 15, please, and

point out for us briefly where the idea of a browser that supported embedded interactive objects appears. A. Right. Last sentence. "What I'd like to do soon, if I

have the time, is to teach the parser about Viola object descriptions and basically embed Viola objects," and it says: "GUIs and programmability into HTML files." Q. code? A. Q. A. Yes. And can you tell us approximately when that was? Well, the record would suggest that the first Did you ever get around to implementing that idea in

implementation at least existed in November of 1992. Q. Okay. At the time you implemented that in code, whom

were you working for? A. Q. A. Q. O'Reilly and Associates. What is O'Reilly's business? They are a publisher of computer books, manuals. And how was it that you were working for O'Reilly when

you were also working on a browser? A. It was essentially my job to produce a browser that they That was the idea.

could use to publish books. Q. Okay.

Was anyone else involved at O'Reilly in connection

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with the work on your browser? A. Well, it was my manager, Dale Dougherty, and eventually

there were two other people who were my coworkers working on Viola. Q. A. Q. Okay. And who were they?

Scott Silvey and John Blow. And what did Mr. Silvey contribute, if anything at all,

to the development of your browser? A. Yes. Code-wise, he wrote a graphical front end using --

he wrote a graphical front end for the browser, and also he wrote the external application. Q. Okay. What if anything did Mr. Dougherty -- what if

anything was Mr. Dougherty's involvement regarding your browser? A. Well, I -- he was my direct report, and we discussed

ideas all the time and brings people over and -- you know. Q. A. Q. Was he aware of your day-to-day activities? Yes. And did he attend demonstrations with you of your

browser? A. Q. Yes. Okay. Did you also communicate the nature of your

activities to -- on the Viola browser to persons outside of O'Reilly and Associates? A. Yes.

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Q.

And let me point you to Exhibit 24 in your exhibit Would you take a look at that, please.

notebook, Mr. Wei. A. Q. Okay.

And tell me whether that is a communication you had with

Mr. Andreesen regarding your concept of a browser that was capable of handling embedded interactive objects. A. Q. That's correct. Okay. This is one of them.

Would you point out where in that document you

refer to that idea? A. Well, this is him responding to me, and I was telling him

that Viola could embed maps and viewer objects documents into the document page. And then I think there is more. -- should I go on? Q. Yes, go ahead. I just want you to point out briefly to On the second page

the Court where the references are to the browser that had the capability of handling interactive objects. A. Right. It says: "A significant new capability is to

embed any Viola objects inside a document." Q. A. What reaction did you receive from Mr. Andreesen? He says: "Now this, this is powerful stuff. I can't

wait to see how it's realized. Q. All right.

People here will go nuts."

Did there come a time then that you had code

written for your Viola browser so that that browser could indeed handle embedded automatically-launched interactive

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Q.

Okay.

The object that the tag information points to, does

it contain the location of an executable application? A. Q. A. Q. Yes, it does. And does it also contain the identity of a data file? Yes, it does. Okay. Upon parsing of the VOBJF file, is an executable

application launched then to display the data? A. Q. That's correct. And is that done automatically, or does one have to click

on the executable application? A. It's done automatically. When the page comes up, all of

these function in display happens automatically all at once. Q. Okay. Let's go back now to Exhibit 37 that I showed you Can you tell me whether

and that we spoke of a minute ago.

that code has any relationship to any code that you provided to a company called Sun Microsystems in 1993? A. Yes, I believe so. Yes, it's basically the code that I

gave Sun Microsystems on the 31st, and this archive is dated the 27th and has the same name as the evidence -- as my e-mail suggests, you know, when I sent it to Sun saying: software, come get it. Q. Okay. How did you come to give the code to Sun Here's the

Microsystems? A. Well, my boss, Dale Dougherty, sent me an e-mail saying

that he's going to bring over some engineers from Sun to show a

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demonstration -- well, to see what we were doing, and he says show the guys how it works and so forth. Q. And then did there come a time that you wanted to give them

a copy of the code that you had, the browser, the Viola browser code? A. Q. That's right. Okay. That happened on May 31st, 1993.

What exactly did you do to provide a copy to Sun, a

copy of your Viola browser code? A. Right. I put a copy of the code on an FTP, on an Internet

Web site called -- an Internet site, and then I sent an e-mail to the engineers telling them where it is so that they can download it. Q. All right. If you would look, please, at Exhibit 41,

Defendant's Trial Exhibit 41, that should be in your book, and is that an e-mail that you sent to Mr. Kempf? A. Q. A. That's correct. And can you tell what is it you're telling him? I'm telling James, the engineer from Sun, where or which

machine on the Internet to go to, and that would be xcf.berkeley.edu, and in what directory and what file name it is. Q. So I'm telling him where to go get the software. All right. Now, you have a strange name, I think, for your Can you just briefly

file.

It's called what, violatogo.tar.z?

explain why it's called that? A. I guess I just -- well, actually I just said it's Viola

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