I/P Engine, Inc. v. AOL, Inc. et al
Filing
512
Declaration re 511 Opposition, of Howard Chen in Support of Defendants' Opposition to Plaintiff's Daubert Motion, and Fourth Motion in Limine to Exclude Lyle Ungar's New Theory of Invalidity and Opinions Regarding Claim Construction 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)(Noona, Stephen)
EXHIBIT 9
Confidential Pursuant to Protective Order
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF VIRGINIA
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NORFOLK DIVISION
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-------------------------x
I/P ENGINE, INC.,
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Plaintiff,
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v.
Civil Action No. 2:11-cv-512
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GOOGLE INC., et al.,
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Defendants.
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-------------------------x
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CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER
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Videotaped Deposition of DONALD M. KOSAK
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Washington, D.C.
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Thursday, May 31, 2012
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9:04 a.m.
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Reported by:
Amy E. Sikora, RPR, CRR, CSR-NY, CLR
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Job No. CS397174
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Q.
For example --
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A.
Yes.
On my wall in my office I have a
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plaque with the front page of the 5,867,799
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patent.
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And it's one of those when your patent gets
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approved, some marketing company apparently gets
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some list, it's a public database, and sends you
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the congratulations on your patent, would you
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like to buy this plaque for $30, and I bought the
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I can repeat the number.
plaque for $30.
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5,867,799.
I hang it up on my wall.
On my second patent, I didn't buy the
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plaque.
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Q.
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patent?
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A.
So the '799 patent was your first
Yes, it was.
And it's honestly the
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only patent I remember the patent number on.
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So . . .
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Q.
Do you remember what the '799 patent
is about?
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A.
It's the core of the WiseWire system
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that Ken and I built from, you know, '95 through
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'98.
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Q.
And when you say, "the core of the
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WiseWire system," do you remember what the '799
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patent covers?
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A.
In general, yes.
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Q.
In general, what does it cover?
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A.
It covers a -- a way of combining
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content and collaborative filtering to create a
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filtering system.
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Q.
What do you mean by "a filtering
system"?
A.
It's a system that takes documents and
basically applies a filter or a process by which
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those documents are graded or ranked and/or
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eliminated as they go through the filter.
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of the bottom of the filter you have, in the case
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of WiseWire systems, a numerically scored set of
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documents.
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set of documents.
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Q.
So out
The input is a unnumerically scored
How was it that documents made their
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way to the filter?
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know which documents it was going to get?
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How -- how did the filter
MS. ALBERT:
Objection, vague.
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A.
We -- we had a system of parsers,
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essentially.
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satellite dishes on the roof.
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AP, Reuters, Bizwire.
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news sources.
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LexisNexis, the legal people.
So documents would come in through
We had feeds from
We had feeds from private
I think we had a feed from like
We had a feed for
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Netnews.
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into the system.
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maybe a little under a dozen different sources
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that fed into that system.
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Q.
We also ran our own spiders that fed
So in total we had maybe --
And the sifting that was done by the
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filters, how did the filter know what to sift
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for?
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A.
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MS. ALBERT:
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Could you --
A.
Objection, vague.
Could you help me understand the
question a little bit more?
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Q.
Sure.
Let's say I was a person and I
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got information about Dakine wind surfing
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championships in Hawaii.
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know.
That's what I wanted to
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A.
Okay.
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Q.
How would the filters know that that's
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what it was supposed to send me?
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A.
How would they -- how would they know.
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Q.
Yeah.
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How did the filter know?
MS. ALBERT:
A.
Objection, vague.
Well, it's software so I'm not sure if
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I could use the word "know" to describe the
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algorithm that -- that processed it.
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restate your question as what kind of algorithms
Could you
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