Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 996

RESPONSE in Opposition re 877 SEALED MOTION [DEFENDANTS' MOTION FOR SUMMARY JUDGMENT OF INVALIDITY FOR LACK OF WRITTEN DESCRIPTION] SEALED MOTION [DEFENDANTS' MOTION FOR SUMMARY JUDGMENT OF INVALIDITY FOR LACK OF WRITTEN DESCRIPTION] SEALED MOTION [DEFENDANTS' MOTION FOR SUMMARY JUDGMENT OF INVALIDITY FOR LACK OF WRITTEN DESCRIPTION] filed by Eolas Technologies Incorporated. (Attachments: # 1 Declaration of Josh Budwin, # 2 Exhibit A1, # 3 Exhibit A2, # 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 Text of Proposed Order)(McKool, Mike)

EXHIBIT E

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
EOLAS TECHNOLOGIES,
§
INCORPORATED
§
§
Plaintiff
§
§
VS.
§
No. 6:09-cv-446
§
ADOBE SYSTEMS, INC.,
§
AMAZON.COM, INC., APPLE, §
INC., BLOCKBUSTER, INC., §
CDW CORP., CITIGROUP, INC.§
EBAY, INC., FRITO-LAY,
§
INC., THE GO DADDY GROUP, §
INC., GOOGLE, INC.,
§
JPMORGAN CHASE & CO., NEW §
FRONTIER MEDIA, INC.,
§
OFFICE DEPOT, INC., PEROT §
SYSTEMS CORP., PLAYBOY
§
ENTERPRISES INTERNATIONAL,§
INC., RENT-A-CAR, INC.,
§
STAPLES, INC., SUN
§
MICROSYSTEMS, INC., TEXAS §
INSTRUMENTS, INC., YAHOO! §
INC., AND YOUTUBE, LLC
§
§
Defendants
§
_________________________ §
*** HIGHLY CONFIDENTIAL ***
VIDEOTAPED DEPOSITION OF CHEONG S. ANG
Austin, Texas
Friday, July 22, 2011
Volume 2

22
23
24

Reported by:
MICHEAL A. JOHNSON, CRR
JOB NO. 40572

25

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July 22, 2011
9:02 a.m.
Videotaped deposition of CHEONG S. ANG,
held at the offices of McKool Smith, 300 West
6th Street, Suite 1700, Austin, Texas,
pursuant to Agreement before Micheal A.
Johnson, a Certified Realtime Reporter and
Notary Public of the State of Texas.

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APPEARANCES
McKOOL SMITH
Attorney for Plaintiffs
300 West sixth Street, Suite 1700
Austin, Texas 78701
BY: JOSH BUDWIN, ESQ.
KEVIN BURGESS, ESQ.
FISH & RICHARDSON
Attorney for Defendant
12390 El Camino Real
San Diego, California 92130
BY: JASON W. WOLFF, ESQ.
WEIL GOTSHAL & MANGES
Attorney for Defendants
201 Redwood Shores Parkway
Redwood Shores, California 94065
BY: EDWARD R. REINES, ESQ.
MARSHALL GERSTEIN & BORUN
Attorney for Defendant
233 South Wacker Drive
Chicago, Illinois 60606
BY: THOMAS L. DUSTON, ESQ.

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APPEARANCES
ROPES & GRAY
Attorney for Defendant
1900 University Avenue
East Palo Alto, California 94303
BY: JAMES R. BATCHELDER, ESQ.
VIDEOGRAPHER:
Angelica Mathews

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IT IS HEREBY STIPULATED AND AGREED by
and between the attorneys for the respective
parties herein, that filing and sealing be and
the same are hereby waived.
IT IS FURTHER STIPULATED AND AGREED
that all objections, except as to the form of
the question, shall be reserved to the time of
trial.
IT IS FURTHER STIPULATED AND AGREED
that the within deposition may be sworn to and
signed before any officer authorized to
administer an oath, with the same force and
effect as if signed and sworn to before the
Court.

- oOo -

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read the patent, go ahead and start from the
front page and read for as long as it takes
you. Go ahead.
Objection to form on that question.
(Witness Reviews Document.)
04:34PM
THE VIDEOGRAPHER: I've got about
five minutes left on the tape. Would you like
to go off the record and change it?
MR. BATCHELDER: Why don't we do
that while he's reading.
04:36PM
MR. BUDWIN: If we're going to
change tapes, we're going to take a break.
THE VIDEOGRAPHER: This is the end
of -MR. BUDWIN: So what do you want
04:36PM
him to do?
MR. BATCHELDER: I'd just like him
to keep reading while we change the tapes.
MR. BUDWIN: If we're changing
tapes, we're taking a break. It's been an
04:36PM
hour and 15 minutes.
MR. BATCHELDER: Well, there is a
question pending, so no discussion about the
question during the break.
MR. BUDWIN: That's fine.
04:36PM

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THE VIDEOGRAPHER: This is the end
of tape No. 11. We are off the record at
4:37.
(Recess Taken From 4:37 p.m. To
4:48 p.m.)
04:47PM
THE VIDEOGRAPHER: This is the
beginning of tape No. 12. We are back on the
record at 4:48.
BY MR. BATCHELDER:
Q. The videographer needed to change
04:47PM
the tape while the question was pending,
Mr. Ang, so let me remind you of the question.
Other than the Table II of the
patents-in-suit, is there any other place in
the written description of these patents that 04:47PM
describes an embed text format other than an
HTML tag format?
MR. BUDWIN: Objection, form.
Take your time.
(Witness Reviews Document.)
04:48PM
A. So, Counsel, as I was mentioning
earlier before the break and before you had me
read through this patent, the purpose that I
was doing this was to answer your question on
is there another HTML tag format that is
04:59PM

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similar to what was provided in Table II. Is
that accurate?
BY MR. BATCHELDER:
Q. My question was other than in
Table II of the patents-in-suit, is there any
04:59PM
other place in the written description of
these patents that describes an embed text
format other than an HTML tag format?
A. Okay. So -MR. BUDWIN: Objection, form.
04:59PM
A. My answer to that after reading
through this patent was in the description of
the patent itself and then following the
description at the end, it mentions that the
patent -- the invention has been described
05:00PM
with reference to a specific exemplary
embodiment therefore. And it will, however,
be evident that there is modifications and
changes may be made there onto without
departing from the broadest spirit and scope
05:00PM
of the invention as set forth in the appended
claims. And so, for example, different
programming languages and techniques may be
used, right.
And then in conjunction with just
05:00PM

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above Table II what was mentioned was Table II
below shows an example -- an example of an
HTML tag format used by the present invention
to embed a link in an application program
within a hypermedia document. So this
05:00PM
description actually provides an example and
it describes an embodiment of the invention.
And then, in fact, there are other places in
the description that talks about -- under
column 9, line approximately 55, it says,
05:01PM
"Assuming network 206 is the Internet, such a
request would typically be made by using HTTP
in response to an HTML-style link definition."
And so all those other -- all those
descriptions are alluding to the fact that
05:01PM
HTML and the Internet are provided in an
example embodiment -- as examples of
distributed hypermedia environment that the
invention can be implemented on.
And then obviously there's another 05:02PM
place in the patent, column 6 close to the
end, that talks about, "The invention not only
allows the user to use a hypermedia format."
BY MR. BATCHELDER:
Q. What line are you on there?
05:02PM

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Q. Do you see anything related to the
parsing of type information in your source
code appendix on this page?
A. Yes, I do.
Q. What do you see?
06:09PM
A. I see a function code to parse mark
tag that was looking for type, the type of
attribute from the input text, the Xt.
Q. Does that show that your code was
using type information to select the
06:10PM
executable application?
A. Yes. That definitely showed that
my code is using type application to select
executable applications.
Q. Let me just make sure that we're
06:10PM
clear. Does the code that you've just looked
at on pages 735, 803 and 808 of Exhibit 27,
the source code appendix attached to your
patent, show that your code was using type
information to select among the three
06:10PM
different supported executable applications,
VIS, WT and MPEG?
A. Yes, it does.
MR. WOLFF: Objection.
BY MR. BUDWIN:
06:10PM

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Q. Now, is the code that we just
talked about consistent with your testimony
that you came up with the idea for type
information as early as September 7th, 1993?
A. Yes, it does.
06:10PM
Q. Do you have an understanding as to
whether Dr. Doyle demonstrated versions of
this code?
A. Yes.
Q. And what's your understanding?
06:11PM
A. Dr. Doyle demonstrated versions of
this code.
MR. WOLFF: Objection.
BY MR. BUDWIN:
Q. Do you have Exhibit 2 in front of
06:11PM
you, the invention disclosure form? The
letter.
A. Okay. I have that.
Q. Will you look to the second page,
Bates page 16.
06:11PM
A. Okay.
Q. At the bottom it says, "The first
demonstration of this invention to non-UC
personnel was on November 16th, 1993, to
Dr. Donald Lindberg in Room 101 of the UCSF
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Library Building."
A. Correct.
Q. Would Dr. Doyle have demonstrated a
version of the code in Exhibit 27 that we just
talked about to Dr. Lindberg?
06:11PM
MR. WOLFF: Objection.
A. Yes, he would.
BY MR. BUDWIN:
Q. Now, do you recall Dr. Doyle making
a presentation at the Medicine Meets Virtual
06:11PM
Reality Conference in January of 1994?
A. Yes, I recall the event.
Q. Would Dr. Doyle have demonstrated a
version of the code in Exhibit 27 to the
Medicine Meets Virtual Reality Conference?
06:12PM
MR. WOLFF: Objection.
A. Yes, he would have.
BY MR. BUDWIN:
Q. Do you recall in the testimony that
you gave earlier Mr. Reines and Mr. Batchelder 06:12PM
asking you about disclosure of embed text
formats other than the embed tag in Table II
of the specification of your patent?
A. Repeat that, please.
Q. Sure. Do you recall Mr. Batchelder 06:12PM

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and Mr. Reines asking you about disclosure of
embed text formats other than the embed tag in
Table II in the specification of your patent?
A. Yes, I do.
Q. When you were answering those
06:12PM
questions, were you looking at a version of
the patent that did not include the source
code appendix?
MR. WOLFF: Objection.
A. That's correct.
06:12PM
BY MR. BUDWIN:
Q. Looking at the version of the
patent with the source code appendix, for
example, Exhibit 27, do you see a disclosure
of embed text formats other than the embed tag 06:13PM
shown in Table II of the specification? Let
me direct you to page 578. I think we might
have switched exhibits. Do you have Exhibit 6
which is the other version of the source code
appendix? Do you see the page that ends 578?
06:13PM
Are you there?
A. One second.
Q. Are you on the page that ends
E 023578?
A. Yes.
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Q. Do you see, Mr. Ang, about midway
through the page there's a #ifdef_VIS?
A. Yes, I do.
Q. And then do you see something in
there called IMAGE3D?
06:14PM
A. Yes.
Q. Is IMAGE3D an example of an embed
text format that is not an embed tag, for
example, what's shown in Table II of your
patent?
06:15PM
MR. WOLFF: Objection.
A. Yeah, IMAGE3D would be. So prior
to using the tag e-m-b-e-d, IMAGE3D was used
as another instance of an embed text format
for HTML.
06:15PM
BY MR. BUDWIN:
Q. Mr. Ang, we may have talked -- you
can set that aside. We may have talked about
this earlier, but other than yourself, your
co-inventors are Mr. Martin and Dr. Doyle; is
06:15PM
that right?
A. That's correct.
Q. Do you recall your employment
agreement with the University of California
San Francisco?
06:15PM

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A. Yes, I do.
Q. And did your employment agreement
require you to bring inventions to the
attention of the university?
A. Yes, my -- yes, definitely.
06:15PM
Q. Is that why you filled out the
document in Exhibit 2 that we talked about
earlier?
MR. WOLFF: Objection.
A. That's correct.
06:16PM
BY MR. BUDWIN:
Q. At the time you began working on
your invention in the summer of 1993 at the
University of California San Francisco, what
web browsers were you aware of?
06:16PM
A. During -- during my work at UC
San Francisco around the 1993 time frame I was
aware of NCSA Mosaic.
Q. And was one of the things that your
invention did was add functionality to Mosaic 06:16PM
that didn't previously exist in Mosaic or any
other web browser?
MR. WOLFF: Objection.
A. That's correct. We added
functionality that was described in the
06:16PM

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invention.
BY MR. BUDWIN:
Q. And that's what we see in the code
in Exhibit 6 and Exhibit 27?
MR. WOLFF: Objection.
06:16PM
A. That's correct.
BY MR. BUDWIN:
Q. In the summer and fall of 1993, did
Mosaic allow for embedded interactive objects
in web pages?
06:17PM
MR. WOLFF: Objection.
A. Mosaic itself from NCSA did not
allow embedding of interactive objects.
BY MR. BUDWIN:
Q. If Mosaic itself did allow the
06:17PM
embedding of interactive objects, would you
have had to modify it?
MR. WOLFF: Objection.
A. If Mosaic itself allowed embedding
of interactive objects, then I would not have 06:17PM
done any additional codes to it.
BY MR. BUDWIN:
Q. Were you aware of any web browser
prior to your invention that allowed for
embedded interactive objects?
06:17PM

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MR. WOLFF: Objection.
A. No, I wasn't aware of any.
BY MR. BUDWIN:
Q. Have you heard of something called
X Windows?
06:17PM
A. Yes, I have.
Q. What is X Windows?
A. X Windows is a graphical windowing
systems that runs on many Unix systems.
Q. Is X Windows a web browser?
06:17PM
A. X Windows is not a browser.
Q. Is X Windows your invention?
A. No, X Windows is not my invention.
MR. WOLFF: Object to form.
BY MR. BUDWIN:
06:18PM
Q. Have you ever heard of someone
called Pei Wei or something called Viola?
A. I have heard of Pei Wei and Viola
much later, I guess from the last litigation.
Q. How did you first come about
06:18PM
hearing about Pei Wei or Viola?
A. In the last litigation.
Q. So that would have been after your
patent issued?
A. That's correct.
06:18PM

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