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)

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EXHIBIT 9 Confidential Pursuant to Protective Order Page 1 1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF VIRGINIA 3 NORFOLK DIVISION 4 -------------------------x I/P ENGINE, INC., 5 Plaintiff, 6 v. Civil Action No. 2:11-cv-512 7 GOOGLE INC., et al., 8 Defendants. 9 -------------------------x 10 11 CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER 12 13 Videotaped Deposition of DONALD M. KOSAK 14 Washington, D.C. 15 Thursday, May 31, 2012 16 9:04 a.m. 17 18 19 20 21 22 Reported by: Amy E. Sikora, RPR, CRR, CSR-NY, CLR 23 24 25 Job No. CS397174 Veritext Corporate Services 800-567-8658 973-410-4040 Confidential Pursuant to Protective Order Page 29 1 Q. For example -- 2 A. Yes. On my wall in my office I have a 3 plaque with the front page of the 5,867,799 4 patent. 5 And it's one of those when your patent gets 6 approved, some marketing company apparently gets 7 some list, it's a public database, and sends you 8 the congratulations on your patent, would you 9 like to buy this plaque for $30, and I bought the 10 I can repeat the number. plaque for $30. 11 5,867,799. I hang it up on my wall. On my second patent, I didn't buy the 12 plaque. 13 Q. 14 patent? 15 A. So the '799 patent was your first Yes, it was. And it's honestly the 16 only patent I remember the patent number on. 17 So . . . 18 19 Q. Do you remember what the '799 patent is about? 20 A. It's the core of the WiseWire system 21 that Ken and I built from, you know, '95 through 22 '98. 23 Q. And when you say, "the core of the 24 WiseWire system," do you remember what the '799 25 patent covers? Veritext Corporate Services 800-567-8658 973-410-4040 Confidential Pursuant to Protective Order Page 30 1 A. In general, yes. 2 Q. In general, what does it cover? 3 A. It covers a -- a way of combining 4 content and collaborative filtering to create a 5 filtering system. 6 7 8 9 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 10 those documents are graded or ranked and/or 11 eliminated as they go through the filter. 12 of the bottom of the filter you have, in the case 13 of WiseWire systems, a numerically scored set of 14 documents. 15 set of documents. 16 Q. So out The input is a unnumerically scored How was it that documents made their 17 way to the filter? 18 know which documents it was going to get? 19 How -- how did the filter MS. ALBERT: Objection, vague. 20 A. We -- we had a system of parsers, 21 essentially. 22 satellite dishes on the roof. 23 AP, Reuters, Bizwire. 24 news sources. 25 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 Veritext Corporate Services 800-567-8658 973-410-4040 Confidential Pursuant to Protective Order Page 31 1 Netnews. 2 into the system. 3 maybe a little under a dozen different sources 4 that fed into that system. 5 Q. We also ran our own spiders that fed So in total we had maybe -- And the sifting that was done by the 6 filters, how did the filter know what to sift 7 for? 8 A. 9 MS. ALBERT: 10 11 Could you -- A. Objection, vague. Could you help me understand the question a little bit more? 12 Q. Sure. Let's say I was a person and I 13 got information about Dakine wind surfing 14 championships in Hawaii. 15 know. That's what I wanted to 16 A. Okay. 17 Q. How would the filters know that that's 18 what it was supposed to send me? 19 A. How would they -- how would they know. 20 Q. Yeah. 21 22 How did the filter know? MS. ALBERT: A. Objection, vague. Well, it's software so I'm not sure if 23 I could use the word "know" to describe the 24 algorithm that -- that processed it. 25 restate your question as what kind of algorithms Could you Veritext Corporate Services 800-567-8658 973-410-4040

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