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
(973) 410-4040
Page 1
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
Veritext, LLC
(973) 410-4040
Obeaaa35-c6e2-48aa-868f-ec578cf41c48
Veritext, LLC
(973) 410-4040
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MR. JACOBS: Objection as to form.
2
4.
A.
3
Go ahead.
A -- basically,
1
11
1
1
Ell
1
1
11.
Can you explain
110
11
12
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
4.
of them, I'm just asking you to explain what they
are.
A.
16
17
18
Veritext, LLC
(973) 410-4040
Obeaaa35-c6e2-48aa-868f-ec578cf41c48
Veritext, LLC
(973) 410-4040
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Q.
When you say,
what do you
3
mean?
4
A.
I
6
7
Q.
So is it -- is it your testimony
that
o
9
10
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MR. JACOBS: Objection as to form.
Misstates testimony.
A.
III
20
21
A.
MR. JACOBS: Objection as to form.
If you show me
-
Veritext, LLC
(973) 410-4040
Obeaaa35-c6e2-48aa-868f-ec578cf41c48
Veritext, LLC
(973) 410-4040
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1
2
MR. JACOBS: Objection as to form.
3
A.
I
I have to see.
We -- the various
5
testimonies that I've heard -- I mean, sorry, the
6
various testimonies that I've heard or read, as
7
stated,
0
I
10
But -- so that's the
answer to my -- to your question.
11
12
Q.
Okay. So you don't know whether
there's --
-
IN
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MR. JACOBS: Objection as to form.
16
A.
I don't believe that I've seen them,
17
so I don't think there are. But I don't know for
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sure.
19
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
22
23
I do, but if you show me the reports I can verify
24
that but . .
25
Q.
Are you -- you would agree that
Veritext, LLC
(973) 410-4040
Obeaaa35-c6e2-48aa-868f-ec578cf41c48
Veritext, LLC
(973) 410-4040
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1
O
O
O
III
O
6
7
8
Q.
Sitting here today, are you aware
of -- of any?
Of any what?
A.
9
Q.
101
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MR. JACOBS: Objection as to form.
12
THE WITNESS: Sorry.
13
14
I'm not -- Sorry. Could you just
A.
repeat that one more time. I heard Les and said.
15
Q.
18
MR. JACOBS: Same objection.
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20
21
A.
Sitting here today, I'm not aware of
any.
Q.
II
111
II
I
Ell
Veritext, LLC
(973) 410-4040
Obeaaa35-c6e2-48aa-868f-ec578cf41c48
Veritext, LLC
(973) 410-4040
Veritext, LLC
(973) 410-4040
Obeaaa35-c6e2-48aa-868f-ec578cf41c48
Veritext, LLC
(973) 410-4040
Veritext, LLC
(973) 410-4040
Obeaaa35-c6e2-48aa-868f-ec578cf41c48
Veritext, LLC
(973) 410-4040
Veritext, LLC
(973) 410-4040
Obeaaa35-c6e2-48aa-868f-ec578cf41c48
Veritext, LLC
(973) 410-4040
Page 2 7
1
5
II
6
You think that all users who search
Q.
for the word "Paris" have similar interests or
7
needs?
8
9
MR. JACOBS: Objection. Misstates
11
testimony.
I believe that if you're searching
A.
for the word "Paris," you are limited to a set of
12
the -- of interests or needs. All those users
13
that would search for the word "Paris" would not
14
be interested in New York City, necessarily;
15
16
would not be interested in the price of tea in
China; would not with interested in a round trip
17
purchase of -- from here to Hawaii. They would
18
be interested in something that would be referred
19
to as Paris, a set of things that are referred to
20
as Paris.
21
So is it your testimony that someone
Q.
searching for Paris, France, has similar
interests or needs to someone searching for
10
22
23
24
25
Paris, Texas?
In the sense that they use the word
A.
Veritext, LLC
(973) 410-4040
Obeaaa35-c6e2-48aa-868f-ec578cf41c48
Veritext, LLC
(973) 410-4040
Veritext, LLC
(973) 410-4040
Obeaaa35-c6e2-48aa-868f-ec578cf41c48
Veritext, LLC
(973) 410-4040
Page 9 4
1
A.
2
3
Q.
Dr. Ungar's rebuttal report to your report?
4
A.
5
Q.
6
I agree.
Did you -- have you reviewed
I looked at it.
You looked at it. Have you reviewed
it carefully?
7
A.
I spent time looking at it, yes.
8
Q.
How much time have looked at it,
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10
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12
13
14
15
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18
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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.
20
from his opinions as to whether AdWords infringes
21
or not, did you find any inaccuracies in the
description of how Google AdWords actually works?
22
23
10
Veritext, LLC
(973) 410-4040
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(973) 410-4040
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implies this notion of similar -- users of
2
similar interests or needs?
It does to me.
A.
The -- if you could go back to
Q.
3
4
5
the -THE WITNESS: Uh, oh. I just moved.
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7
Am I still in your picture? Okay. I just moved
8
the chair. Sorry.
A.
Sorry.
If you can go back to Exhibit 2,
Q.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
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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
Veritext, LLC
(973) 410-4040
Obeaaa35-c6e2-48aa-868f-ec578cf41c48
Veritext, LLC
(973) 410-4040
Veritext, LLC
(973) 410-4040
Obeaaa35-c6e2-48aa-868f-ec578cf41c48
Veritext, LLC
(973) 410-4040
Veritext, LLC
(973) 410-4040
Obeaaa35-c6e2-48aa-868f-ec578cf41c48
Veritext, LLC
(973) 410-4040
Veritext, LLC
(973) 410-4040
Obeaaa35-c6e2-48aa-868f-ec578cf41c48
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