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

Filing 528

Declaration re 527 Reply to Response to Motion, of Joshua L. Sohn in Support of the Reply in Support of Defendants' Motion for Summary Judgment by AOL Inc., Gannett Company, Inc., Google Inc., IAC Search & Media, Inc., Target Corporation. (Attachments: # 1 Exhibit 34, # 2 Exhibit 35, # 3 Exhibit 36, # 4 Exhibit 37, # 5 Exhibit 38)(Noona, Stephen)

EXHIBIT 34

Veritext, LLC
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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
x
I/P ENGINE, INC.,
Plaintiff,
C.A. No. 2:11-cv-512-RAJ

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

(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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MR. JACOBS: Objection as to form.

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4.
A.

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Go ahead.
A -- basically,

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Ell

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1

11.
Can you explain

110
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that?
A.

•

I could show it to you. I'm sure you

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have them.

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Well, I'm not asking you to list all
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of them, I'm just asking you to explain what they
are.
A.

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Q.

When you say,
what do you

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mean?

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A.

I
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Q.

So is it -- is it your testimony

that

o
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MR. JACOBS: Objection as to form.
Misstates testimony.
A.

III

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A.

MR. JACOBS: Objection as to form.
If you show me

-

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MR. JACOBS: Objection as to form.

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A.

I

I have to see.
We -- the various

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testimonies that I've heard -- I mean, sorry, the

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various testimonies that I've heard or read, as

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stated,

0
I
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But -- so that's the
answer to my -- to your question.

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Q.

Okay. So you don't know whether

there's --

-

IN
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MR. JACOBS: Objection as to form.

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A.

I don't believe that I've seen them,

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so I don't think there are. But I don't know for

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sure.

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Q.

You certainly don't identify any in

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any of your reports; correct?

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I do not identify any in any of my
A.
reports. But if you like -- I don't recall that

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I do, but if you show me the reports I can verify

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that but . .

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Q.

Are you -- you would agree that
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O
O

O

III

O
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7
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Q.

Sitting here today, are you aware

of -- of any?
Of any what?
A.

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Q.

101
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MR. JACOBS: Objection as to form.

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THE WITNESS: Sorry.

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I'm not -- Sorry. Could you just
A.
repeat that one more time. I heard Les and said.

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Q.

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MR. JACOBS: Same objection.

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A.

Sitting here today, I'm not aware of

any.
Q.

II
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II
I

Ell
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II

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You think that all users who search
Q.
for the word "Paris" have similar interests or

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needs?

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MR. JACOBS: Objection. Misstates

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testimony.
I believe that if you're searching
A.
for the word "Paris," you are limited to a set of

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the -- of interests or needs. All those users

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that would search for the word "Paris" would not

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be interested in New York City, necessarily;

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would not be interested in the price of tea in
China; would not with interested in a round trip

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purchase of -- from here to Hawaii. They would

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be interested in something that would be referred

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to as Paris, a set of things that are referred to

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as Paris.

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So is it your testimony that someone
Q.
searching for Paris, France, has similar
interests or needs to someone searching for

10

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Paris, Texas?
In the sense that they use the word
A.
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A.

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Q.

Dr. Ungar's rebuttal report to your report?

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A.

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Q.

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I agree.
Did you -- have you reviewed
I looked at it.
You looked at it. Have you reviewed

it carefully?

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A.

I spent time looking at it, yes.

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Q.

How much time have looked at it,

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spent?
Well, I read it multiple times. I
A.
thought about some of the things that were said.
I looked at some citations.
Does that answer your question?
Sure. Do -- did you find any of
Q.
Dr. Ungar's explanation of the operation of
AdWords to be incorrect?
I found that Dr. Ungar's conclusions
A.
at -- at times were incorrect.
But did you -- separate and apart
Q.

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from his opinions as to whether AdWords infringes

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or not, did you find any inaccuracies in the
description of how Google AdWords actually works?

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10

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implies this notion of similar -- users of

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similar interests or needs?
It does to me.
A.
The -- if you could go back to
Q.

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4
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the -THE WITNESS: Uh, oh. I just moved.

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Am I still in your picture? Okay. I just moved

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the chair. Sorry.
A.
Sorry.
If you can go back to Exhibit 2,
Q.

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10
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which is your -- your claim chart from your
original report.
Exhibit 2. Okay.
A.
Q.
A.
Q.
A.

On page 10 you state -Wait, wait, wait.
I'm sorry, go to page 10, please .
Okay.
And this is in relation to the

Q.
feedback system element of claim 10. You
state -Wait, wait, wait. Let me see what
A.
you're talking about. Okay. All right.
In the -- the paragraph on the
Q.
bottom of the page, you state,

III

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