I/P Engine, Inc. v. AOL, Inc. et al

Filing 323

Declaration re 319 MOTION to Exclude the Testimony of Stephen L. Becker of Emily C. O'Brien by AOL Inc., Gannett Company, Inc., Google Inc., IAC Search & Media, Inc., Target Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(Noona, Stephen)

EXHIBIT 5

Veritext, LLC
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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
I/P ENGINE, INC.,
Plaintiff,
v.

C.A. No. 2:11-cv-512-RAJ

AOL, INC., GOOGLE, INC.,
IAC SEARCH & MEDIA, INC.,
TARGET CORP., and GANNETT CO.,
INC.,
Defendants.

(PORTION OF TRANSCRIPT DESIGNATED CONFIDENTIAL
SOURCE CODE)

Videotaped Deposition of OPHIR FRIEDER, Ph.D.
Washington, D.C.
Thursday, September 6, 2012
8:48 a.m.

Job No.: 416030
Pages: 1 - 313

Reported by: Amy E. Sikora, RPR, CRR, CSR-NY, CLR

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Deposition of OPHIR FRIEDER, Ph.D.
held at the offices of:
Dickstein Shapiro LLP
1825 Eye Street, N.W.
Washington, D.C. 20006-5403

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Pursuant to notice, before Amy E. Sikora,
Registered Professional Reporter, Certified
Realtime Reporter, Certified Shorthand
Reporter (NY), Certified LiveNote Reporter, and
Notary Public for the District of Columbia.

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A.

again for the exact statement, but -- but it
generally deals with the bids.

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Q.
A.

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Not relevance; right?

Q.

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I would have to read the patent

And in -- in the system of the '361

Basically, it deals with the bid,

yes.
patent, it's the bids that determine what ads are
returned; right?
A.
It's the bids that determine what
ads are returned, right.
Right. So there is no notion of -Q.

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of predicted clickthrough rate that is used in

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connection with determining which ads are

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returned; right?
A.
The predictive clickthrough rate is

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a Google -- is a Google specific item. So I

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didn't -- so the answer to your question is, it

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will not use productive clickthrough rates, no.
That would be a Google terminology.

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And it doesn't use any notions of
quality of relevance in determining which ads to
Q.

show; right?
A.

You asked me what it does. I said

it's dealt with -- dealing with the bids that
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it -- that it deals with.
Q•
A.
Q.

Instead of those things?
That's what it deals with, the bids.
Instead of those things that I just

identified?
A.

I don't know if instead of but,

yes,

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it's the one that deals with the bid.

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So do you think that -- does
the -- does the '361 patent have any filtering
for relevance?
A.
We just discussed -- you asked me if

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Q.

Okay.

it had -- if it was dealing with relevance, and I
said it's not dealing with relevance, that's what
you just asked me. So the answer to your
question, does it deal with filtering for
relevance, I would surmise the answer to be no.
Q.

The patents -- the asserted patents

in this case do not teach how to calculate a
predictive clickthrough rate; correct?
A.
I repeat the -- I repeat the notion
that predictive clickthrough rate is a Google -22

to the best of my knowledge, a Google terminology
or Google invention. But they -- so that I think

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I answered your question.
Q.
So the patents in suit would not

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says in here, and I have not spent time opining

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on or studying his to be able to answer your
questions off the fly. I have studied my expert
report. I have understood what I believe

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infringes, and I laid out an exact specification
of what infringe is. If he doesn't agree, he

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doesn't agree. But I stand firmly on the facts

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that my statements are correct.
Q.
But you're not prepared here

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specific today -- to specifically rebut this
point that Dr. Ungar makes?
A.
I've had this -13
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Q.

I'm just asking for a yes or no,

sir.
A.

I'm not ready now to go and look at,
when you point out to one chart in the middle of
a 140-some-page report to give you an answer for
that. No, I'm not ready to do it right now.
Is the -- we referenced earlier the
Q.
combination of -- that the claims required a

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combination of content data and feedback data.

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And I'm still not sure I fully understand what it

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is that -- how you're saying those things are
combined.

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What is it specifically that is the
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content data that would be combined with feedback
data?

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MR. JACOBS: Objection as to form.
A.

Could you repeat that one more
you basically started with a long
Right.
Q.
A.
Could you ask -- repeat that,
--

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n
n

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please.
Q.

Sure. We've talked about how the
claims require the combination of content data
and feedback data and then filtering based on
that combination; right?
A.
Correct.
Q.

What -- what I want to know, and I

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don't think we've gotten a clear picture, of what

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exactly the content data is that is combined with

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the feedback data. Can you explain?

an =In

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MR. PERLSON: How much time do I
have left? What can I accomplish in two minutes?

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Q.

THE WITNESS: Just say goodbye.
Would you agree that ads that are

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not promoted can still appear among the ads that

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are shown to end users?

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MR. JACOBS: Objection as to form.
A.

Promotion is basically the -- the

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notion for promotion is to show in the top. And

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therefore, if you basically get promoted, you

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have a possibility, not necessarily, but you've

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got a possibility of showing up in the top of a

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screen. But if you don't get promoted, you still
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