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 35
Page 1
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
NORFOLK DIVISION
---------------------------------x
I/P ENGINE, INC.,
Plaintiff,
v.
Civil Action No.:
2:11-cv-512
GOOGLE INC.,
Defendant.
---------------------------------x
CONFIDENTIAL - ATTORNEYS' EYES ONLY
Videotaped 30(b)(6) Deposition
of
JAIME G. CARBONELL, Ph.D.
Washington, D.C.
Friday, September 21, 2012
9:04 a.m.
Reported by:
Amy E. Sikora, RPR, CRR, CSR-NY, CLR
Job No. CS1338951
Veritext Corporate Services
800-567-8658
973-410-4040
9349fef0-7eb5-423b-bd0b-89d5688fb872
Page 50
1
A.
Excuse me a second.
2
Q.
No.
3
A.
Sorry.
4
Q.
Okay.
No problem.
Go on.
So then, the next sentence of
5
column 14 says, "Alternatively, a human editor
6
could assign scores according to judgments made
7
by such editor."
8
9
10
Do you see that?
A.
That's right.
Q.
So that sentence follows the sentence
11
that we just read that said, "For example, the
12
scores can be initially set to correspond with
13
the frequency of the term occurrence in the
14
article"; correct?
15
A.
Correct.
16
Q.
Okay.
So then, do you understand that
17
"Alternatively, a human editor could assign
18
scores according to judgments made by such
19
editor" refers to, among other things, the key
20
term scores?
21
MR. JACOBS:
22
Calls for speculation.
23
A.
Objection as to form.
I cannot tell if -- to which scores
24
they refer to.
25
scores.
It could refer to the key term
It could refer to scores assigned to
Veritext Corporate Services
800-567-8658
973-410-4040
9349fef0-7eb5-423b-bd0b-89d5688fb872
Page 51
1
other terms selected by an editor.
2
Q.
Okay.
3
A.
Editors typically exercise their
4
5
editorial capacity.
Q.
Understood.
Okay.
So let's just --
6
let's take an example where the editor can assign
7
initial values to the key term scores; okay?
8
A.
Uh-huh.
9
Q.
And you agree that the key term scores
10
are derived from terms that appear in the
11
articles; correct?
12
13
14
MR. JACOBS:
Q.
Objection.
Or the key terms are -- are derived
from terms that appear in the articles; correct?
15
A.
That's what that paragraph says.
16
Q.
Okay.
So let's go back to your
17
example in paragraph -- or excuse me, in
18
footnote 5, to paragraph 106 of your report.
19
A.
Yes.
20
Q.
You used an example of an item that
21
was clicked on a thousand times in response to a
22
query involving a particular key term; correct?
23
A.
Yes.
24
Q.
And that key term was initialized with
25
a value of one; right?
Veritext Corporate Services
800-567-8658
973-410-4040
9349fef0-7eb5-423b-bd0b-89d5688fb872
Page 52
1
A.
Correct.
2
Q.
So what you're saying as well, after a
3
thousand clicks, that key term value will be
4
1,001?
5
A.
That's right.
6
Q.
1/10th of one percent of that value
7
would be in response to the initial content-based
8
initialization; correct?
9
10
11
A.
Correct.
Q.
And the rest of it you say would be
based on collaborative feedback data; correct?
12
A.
Correct.
13
Q.
So now, let's take an example where
14
the editor initialized that key term to a
15
thousand, to have a value of a thousand; okay?
16
A.
Okay.
17
Q.
Okay.
So there that initialization of
18
the key term to a value of a thousand would be a
19
content-based initialization; correct?
20
A.
If the editor assigned a value of a
21
thousand and if it was a key term that was
22
contained inside the article.
23
24
25
Q.
Right.
Then it would be a
content-based initialization; correct?
A.
With the two provisos I just gave,
Veritext Corporate Services
800-567-8658
973-410-4040
9349fef0-7eb5-423b-bd0b-89d5688fb872
Page 53
1
2
yes.
Q.
Okay.
So then, in the same example,
3
if that article then was clicked a thousand times
4
in response to a query that contained that -- the
5
same key term, the value would be a thousand plus
6
a thousand; correct?
7
A.
If you were to modify the example in
8
that particular way.
9
example in other ways as well.
10
Q.
No.
One could modify the
Understood.
But that's -- based
11
upon this reading of column 14 of Culliss, that's
12
a fair modification of the example; correct?
13
14
MR. JACOBS:
A.
Objection as to form.
In the -- in that case, the initial
15
usage, the content would dominate, and there
16
would be no significant effect from the
17
popularity part.
18
Q.
Right.
But after a thousand clicks,
19
the popularity portion, what you're calling the
20
collaborative feedback, would be 50 percent of
21
the value, and the content-based would be
22
50 percent of the value; correct?
23
24
A.
At that -- at that point in time.
At
the earlier point, the content would dominate.
25
To follow through with your example,
Veritext Corporate Services
800-567-8658
973-410-4040
9349fef0-7eb5-423b-bd0b-89d5688fb872
Page 83
1
A.
Yeah.
2
Q.
Okay.
3
A.
That's why I can't agree when you say
4
he does it one specific way.
5
know.
6
Q.
Okay.
7
I don't -- I don't
Understood.
So now, let's go back to your report,
8
which we've marked as Exhibit 1, and look at
9
paragraph 108.
There you say, "Third, Culliss
10
does not disclose filtering each informon for
11
relevance to the query or filtering the combined
12
information for relevance to at least one of the
13
query and the first user."
14
Do you see that?
15
A.
I see that.
16
Q.
And then further down, you say that --
17
and I'm paraphrasing here because I don't want to
18
just read the whole thing -- that Culliss
19
discloses ranking, but not filtering; correct?
20
A.
That's correct.
21
Q.
Okay.
So can you explain to me what
22
you mean by the difference between ranking and
23
filtering?
24
A.
Yes.
25
Q.
Please do.
Veritext Corporate Services
800-567-8658
973-410-4040
9349fef0-7eb5-423b-bd0b-89d5688fb872
Page 84
1
A.
Ranking is putting a set of elements,
2
whether they be documents or other items, in
3
order.
4
from a score, a relevant score.
5
popularity score.
6
criteria.
That order would typically be derived
7
It can be a
It can be based on other
So ranking is -- is essentially you
8
start with a set, and you end up with an ordered
9
set.
Same set in order.
10
Filtering is the process where you
11
examine elements of a set one at a time, and you
12
determine whether or not they qualify according
13
to some filtering criterion.
14
Then that set is divided into two
15
sets, one of which is the filtered or accepted
16
set, one of which is the rejected or filtered out
17
set.
18
Q.
So let me have an example.
If you
19
have a -- a criterion that says, I want to review
20
the top 10 something, then you rank whatever the
21
candidates are, and you display the top 10, is
22
that ranking or is that filtering?
23
A.
That is ranking.
24
Q.
Okay.
25
Even though you used a
criterion to decide which ones were going to be
Veritext Corporate Services
800-567-8658
973-410-4040
9349fef0-7eb5-423b-bd0b-89d5688fb872
Page 85
1
displayed and which ones were not going to be
2
displayed; correct?
3
A.
That -- that criterion is not based
4
on -- it's not an absolute criterion.
5
based on -- it is based on relative properties of
6
the members of the set where they -- where they
7
belong in the ranking.
8
9
Q.
It is not
So you think that in order for
something to be filtering, it has to -- there has
10
to be a decision being made concerning only the
11
properties of that individual member of the set?
12
13
14
A.
Right.
Say yea or nay, depending on
those properties.
Q.
So if you're including some decision
15
concern -- some criteria concerning properties of
16
other members of the set in your decision to say
17
yea or nay, then you're not filtering?
18
A.
If you're comparing this one to the
19
other members of the set in your -- in your
20
criteria, these comparative criterion, then
21
you're not filtering.
22
subsetting.
Bowman calls that
23
Q.
What -- what was that last part?
24
A.
There are -- one of the other
25
references uses a different term for it.
Veritext Corporate Services
800-567-8658
973-410-4040
9349fef0-7eb5-423b-bd0b-89d5688fb872
Page 87
1
your index, along with the key terms, a rating
2
label; correct?
3
4
5
A.
You can include a rating label, yes.
It could be in the index.
Q.
Okay.
So then it goes -- the Culliss
6
reference goes on to say, "The rating key term is
7
considered appropriate for all ages while the
8
rating key term X rated is considered appropriate
9
only for adults."
10
11
12
Do you see that?
A.
Where does he say that?
There it is.
I found it.
13
Q.
It's like line 12, maybe.
14
A.
Yes, I see that.
15
Q.
Then at line 15 it says, "The articles
16
are initially associated with one or more of
17
these key terms by any possible manner, such as
18
by human judgment or default association."
19
Do you see that?
20
A.
I see that.
21
Q.
So do you understand a human could
22
initially decide this is G-rated content or this
23
is X-rated content in the article?
24
A.
Yes.
25
Q.
Okay.
And then if we go down a little
Veritext Corporate Services
800-567-8658
973-410-4040
9349fef0-7eb5-423b-bd0b-89d5688fb872
Page 88
1
bit further about line 23, which is the next
2
paragraph there in column 11.
3
the rating key terms can be incorporated into the
4
index of key terms and included in the
5
association of the comparison score and, if used,
6
the key term probability score."
7
It says, "Moreover
Do you see that?
8
A.
I see that.
9
Q.
So the -- the rating can be an
10
additional value in the key term index; correct?
11
A.
Yes.
12
Q.
And then in the example that's
13
provided here, if we go down about line 39, it
14
says, "The invention operating separately from or
15
in addition to the manner described above would
16
permit or require the user to enter a rating key
17
term in the search query."
18
Do you see that?
19
A.
I see that.
20
Q.
So there you understand that you could
21
have an example where you put in key terms alpha
22
and gamma, and in addition you say, I want G
23
rated; right?
24
25
A.
You would -- not exactly, but close to
what you said.
You would provide three key terms
Veritext Corporate Services
800-567-8658
973-410-4040
9349fef0-7eb5-423b-bd0b-89d5688fb872
Page 89
1
2
in the query:
Q.
Alpha, gamma, G or G rated.
Okay.
And -- and we talked about
3
earlier, alpha and gamma can be associated with
4
words that are in the article; correct?
5
A.
Yes, they can be.
6
Q.
So then, the next sentence there,
7
beginning about line 41, says, "The invention
8
would operate in a similar manner for the rating
9
key terms as described above for the key terms
10
alone, whereby the search activity of the user
11
would alter the key term scores and key term
12
total scores for the rating key terms."
13
Do you see that?
14
A.
I see that.
15
Q.
So, in other words, users -- you'd
16
have a key term score associated with the rating
17
that's initialized at some particular value;
18
right?
19
A.
Yes.
20
Q.
Yeah.
It seems to be once here.
In the example that's shown,
21
for example, in the index, you know, surrounding
22
line 35 of column 11, they're initialized to the
23
values of one; correct?
24
A.
Yes.
25
Q.
And then continuing with the example,
Veritext Corporate Services
800-567-8658
973-410-4040
9349fef0-7eb5-423b-bd0b-89d5688fb872
Page 90
1
one of the key terms that the user would enter in
2
the query in this embodiment is to include a
3
rating key term; correct?
4
A.
You're referring to 47 through 55?
5
Q.
Correct.
6
A.
Yeah, that's what it says there.
7
Q.
And so that rating key term score
8
would be altered by both whether an article is
9
returned, as well as whether it's selected by the
10
user as per the previous examples that we
11
discussed; correct?
12
A.
Yes.
Under the embodiment where it
13
keeps both scores with a slash notation as -- as
14
exemplified here, that would be correct.
15
Q.
Okay.
So then, if we look toward the
16
bottom of column 11, continuing onto the top of
17
column 12, it says, "In this manner," peo --
18
"people looking for X-rated material will
19
identify and effectively label that material as X
20
rated.
21
screened entirely from the rating key term of
22
G rated by precluding articles entirely from the
23
search results which have a key term probability
24
score or comparison score for the rating key term
25
X rated above a predetermined threshold."
Such X-rated material can then be
Veritext Corporate Services
800-567-8658
973-410-4040
9349fef0-7eb5-423b-bd0b-89d5688fb872
Page 91
1
Right, you see that?
2
A.
I see what it says here, yes.
3
Q.
So in what's described there, the --
4
the rating key term will be evaluated for each
5
article individually; correct?
6
A.
It -- he's talking about putting in
7
the ratings as -- in the same way you would put
8
other data associated with the -- with the
9
article such as key terms.
10
Q.
Understood.
But here in the part that
11
I just read at the bottom of column 11, the
12
rating key term for each of the articles is
13
evaluated to determine whether the article will
14
be displayed independently of any of the other
15
articles in the set; correct?
16
A.
It doesn't say that it's evaluated
17
with respect to whether the article will be
18
displayed.
19
Q.
Well, it says, "In this manner, people
20
looking for X-rated material will identify and
21
effectively label that material as X" -- "as X
22
rated.
23
screened entirely from the rating key term of
24
G rated by precluding articles entirely from the
25
search results which have a key term probability
Such X-rated material can then be
Veritext Corporate Services
800-567-8658
973-410-4040
9349fef0-7eb5-423b-bd0b-89d5688fb872
Page 92
1
score or comparison score for the rating key term
2
X rated above a predetermined threshold"; right?
3
A.
That's what it says.
4
Q.
So isn't that saying that the rating
5
key term score will be evaluated independently
6
for each article to determine whether that
7
article will be screened entirely from the search
8
results?
9
A.
The -- the X rated or the G-rated key
10
term will have a score, and then that score can
11
be modified over time, depending on the feedback
12
from the user and the key term probability score
13
or comparison score above a predetermined
14
threshold, and then that -- that key term, then,
15
can be used as -- as a factor or criterion in
16
determining what to show or what to -- what to --
17
not to show, it doesn't say show.
18
say?
19
What does he
From the search results.
Q.
Right.
And if we look -- let's just
20
look further.
21
more light on this in the example.
22
Maybe we can shed a little bit
Continuing in column 12, about line 6,
23
it says, "For example, suppose article A3
24
contained adult content, and articles A1 and A2
25
contained not adult content, which would not be
Veritext Corporate Services
800-567-8658
973-410-4040
9349fef0-7eb5-423b-bd0b-89d5688fb872
Page 117
1
users."
2
Do you see that?
3
A.
I see that.
4
Q.
So where is it that you believe that
5
6
that has to be a content-based query?
A.
It's implicit on the third limitation
7
content-based filter system for combining the
8
information from the feedback system and the
9
information from the scanning system.
If -- the
10
feedback system being the -- the popularity or
11
user-based replies, and so, therefore, if that
12
needs to be combined with something different,
13
that leads to the implication of the scanning
14
system would be the content based.
15
Q.
But the -- the last element of
16
content-based filter system, that's a separate
17
element from the scanning system, you agree?
18
19
20
A.
The content-based filter system is
different from the scanning system.
Q.
Right.
And, in fact, the
21
content-based filter system receives an input
22
from the scanning system; correct?
23
A.
Right.
And receives an input from
24
the -- the -- what is it called?
25
system.
The feedback
Veritext Corporate Services
800-567-8658
973-410-4040
9349fef0-7eb5-423b-bd0b-89d5688fb872
Page 118
1
2
Q.
Right.
So it receives inputs from
both of those systems?
3
A.
That's right.
4
Q.
So let's look back at the claim 1 of
5
the '420 patent for a minute.
6
A.
Okay.
7
Q.
So if you look at -- keep your report
8
9
10
open to that page 24 where you were just reading.
A.
Yes.
Q.
So element A says, "A system for
11
scanning a network to make a demand search for
12
informons relevant to a query from an individual
13
user."
14
Do you see that?
15
A.
I see that.
16
Q.
So if you look at paragraph 102, and I
17
think we covered this earlier, you don't offer an
18
opinion in your report that the element I just
19
read is absent from Culliss; correct?
20
A.
Right.
21
Q.
Okay.
But then if we look at the
22
first element of claim 1, for example, the '664
23
patent, it reads, "A scanning system for
24
searching for information relevant to a query
25
associated with the first user in a plurality of
Veritext Corporate Services
800-567-8658
973-410-4040
9349fef0-7eb5-423b-bd0b-89d5688fb872
Page 119
1
users"; correct?
2
A.
Right.
3
Q.
And in particular, you say the aspect
4
of that element that requires searching for
5
information relevant to a query associated with a
6
user is absent from the Culliss reference?
7
A.
Only to the extent that that is
8
interpreted to mean that that is a content-based
9
search.
10
Q.
So then going back to claim-- the
11
first element of claim 10 of the '420 patent, you
12
don't interpret that element, "A system for
13
scanning a network to make a demand search," as
14
requiring a content-based search; right?
15
A.
Not necessarily, because there is
16
another element that talks about the content --
17
content-based filter system receiving the
18
information.
19
could be interpreted to be contained within this
20
second element.
21
Q.
So the content-based component
Okay.
Well, in the '664 patent, the
22
third element has a content-based filter system;
23
correct?
24
A.
Yes.
25
Q.
But you don't think in the '664 patent
Veritext Corporate Services
800-567-8658
973-410-4040
9349fef0-7eb5-423b-bd0b-89d5688fb872
Page 120
1
that the content-based aspect can be found in the
2
third element?
3
A.
Well, to the degree that that is found
4
in the third element, that would suffice.
5
degree that the -- that the searching
6
content-based filtering.
7
Q.
Okay.
To the
So let's go to the Culliss
8
reference now, which we marked as Exhibit 4, and
9
sticking on this searching for information
10
relevant to a query associated with the first
11
user.
12
A.
Right.
13
Q.
Can you look at figure 1 of the
14
Culliss reference?
15
A.
Yes.
16
Q.
So box 10 says, "Receive first search
17
query from first user and identify related
18
articles."
19
20
And box 20 says, "Present articles
related to first search query to a first user."
21
Do you see that?
22
A.
Yes.
23
Q.
So you don't think that those boxes
24
from figure 1 describe searching for information
25
relevant to a query associated with the first -Veritext Corporate Services
800-567-8658
973-410-4040
9349fef0-7eb5-423b-bd0b-89d5688fb872
Page 137
1
terms; correct?
2
specifying each of the terms of the query to
3
produce a ranking value for the item?
Because the claim has queries
4
A.
5
other terms.
6
I'm just -- just -- clarifying.
7
8
9
10
That's right.
Q.
It could also specify
Basically, I'm agreeing with you.
Yeah, yeah.
the same page.
Okay.
I think we're on
So let's -- and maybe I can go --
A.
Okay.
Q.
-- back and explore something else and
11
make sure of that.
12
you have the first two steps which are basically
13
identical to the first two steps we read in 28;
14
right?
So if you look at claim 22,
15
A.
It's a method claim, but yes.
16
Q.
Right.
17
But the steps themselves are
the same?
18
A.
Right.
19
Q.
Okay.
So then that last element says,
20
"For a plurality of items identified in the query
21
result, combining ratings of frequencies with
22
which users select the item in earlier queries
23
specifying one or more terms of the query" --
24
A.
Right.
25
Q.
-- "to produce a ranking value for the
Veritext Corporate Services
800-567-8658
973-410-4040
9349fef0-7eb5-423b-bd0b-89d5688fb872
Page 138
1
item."
2
Do you see that?
3
A.
I see that.
4
Q.
So in claim 28, we're talking about
5
each of the terms in the query, whereas in 22
6
it's one or more; correct?
7
8
A.
In 22, it's one or more.
reread 28.
9
10
Let me
I believe you are right.
Q.
Yeah.
So let's just take an example.
11
If somebody put in the query "lightweight running
12
shoes"?
13
A.
Light weight, one word or two words?
14
Q.
Let's just say it's one.
15
A.
And running shoes, two words.
16
Q.
Correct.
17
Lightweight running shoes.
So then under claim 28, in order to
18
get this ranking score, I would go back and sum
19
the item scores for queries that also included at
20
least those three terms:
21
and shoes; correct?
22
A.
Lightweight, running,
I believe that's the right reading.
23
Let me read it again because this is a little
24
confusing.
25
Yeah.
It says "satisfying" -- sorry,
Veritext Corporate Services
800-567-8658
973-410-4040
9349fef0-7eb5-423b-bd0b-89d5688fb872
Page 139
1
"to select an item in earlier queries," specify,
2
not satisfying, "specifying each of the terms on
3
the query to produce a ranking value."
4
5
Yes.
So that would be -- be all the
Okay.
So it would be all the terms.
terms.
6
Q.
7
But you -- you could have a situation where the
8
subsequent term, just sticking with the example,
9
would be like blue lightweight running shoes?
10
A.
Right.
11
Q.
But you would still go back and look
12
at queries for the item scores associated with
13
queries that ran at least the terms
14
"lightweight," "running," "shoes"?
15
A.
Correct.
16
Q.
Okay.
17
A.
Uh-huh.
18
Q.
So claim 29 is dependent from
19
So now let's look at claim 29.
claim 28; right?
20
A.
Yes.
21
Q.
So I think we covered this earlier.
22
It includes all the limitations of 28, plus
23
what's added in claim 29; right?
24
25
A.
Do you agree?
That's what a dependent claim means,
yes.
Veritext Corporate Services
800-567-8658
973-410-4040
9349fef0-7eb5-423b-bd0b-89d5688fb872
Page 140
1
Q.
Okay.
So then claim 29 says, "The
2
computer readable medium of claim 28 wherein the
3
contents of the computer readable medium further
4
cause the computer system to perform the step of
5
adjusting the ranking value produced for each
6
item identified in the query result to reflect
7
the number of terms specified by the query that
8
are matched by the item."
9
Do you see that?
10
A.
I see that.
11
Q.
Okay.
So you agree that the system of
12
claim that's in claim 29 has to be covered by
13
claim 28 as well; right?
14
15
16
A.
It has to be covered by -- it's an
additional limitation on top of page 28, yes.
Q.
Right.
So anything that would fall
17
within claim 29 also has to fall within claim 28;
18
right?
19
A.
Yes.
20
Q.
Okay.
So the way I understood your --
21
the discussion earlier concerning your
22
understanding of Bowman is that the summing of
23
the ranking scores is always a function of the
24
items that are in the index table; correct?
25
A.
In the rating table, correct?
Veritext Corporate Services
800-567-8658
973-410-4040
9349fef0-7eb5-423b-bd0b-89d5688fb872
Page 152
1
patent that we marked as Exhibit 3.
2
A.
Okay.
3
Q.
And in claim 1, I think the element
4
you're referring to there is "a scanning system
5
for searching for information relevant to a query
6
associated with the first user in a plurality of
7
users."
8
9
10
Do you see that?
A.
I see that.
Q.
Now, let's pull up the '6 -- or,
11
excuse me, the '420 patent again.
12
MR. NELSON:
And that one, just for
13
the record, we marked as Exhibit 2 to your
14
deposition.
15
A.
I have it.
16
Q.
That first element in claim 10, again,
17
is "a system for scanning a network to make a
18
demand search for informons relevant to a query
19
from an individual user."
20
Do you see that?
21
A.
I see that.
22
Q.
Now, if you look back to paragraph 78
23
of your report, also there on page 17, you don't
24
offer an opinion in your report that the first
25
element of claim 10 is absent from the Bowman
Veritext Corporate Services
800-567-8658
973-410-4040
9349fef0-7eb5-423b-bd0b-89d5688fb872
Page 153
1
reference; correct?
2
A.
Correct.
3
Q.
Okay.
So does the difference between
4
your opinion on the first element of claim 1, for
5
example, the '664 patent, go back to what we
6
talked about earlier with respect to the Cullis
7
reference, is dependent upon an interpretation
8
that that first element of claim 1 of the '664
9
patent requires some kind of content-based
10
11
analysis?
A.
That's correct.
Yeah, to the degree
12
that it requires content-based analysis, that
13
belongs there.
14
then it's -- I'm not objecting to it.
15
Q.
Okay.
To the degree that it doesn't,
So then the next element that
16
you have listed in paragraph 80 that you believe
17
is absent from the Bowman reference with respect
18
to the asserted claims of the '664 patent is
19
"combining the information from the feedback
20
system with the information from the scanning
21
system and filtering the combined information for
22
relevance to at least one of the query and the
23
first user."
24
25
Do you see that?
A.
Yes.
Veritext Corporate Services
800-567-8658
973-410-4040
9349fef0-7eb5-423b-bd0b-89d5688fb872
Page 154
1
Q.
And then you list the corresponding
2
element right after that from claim 26 of the
3
'664 patent; correct?
4
5
6
A.
Right.
Which I believe is a method
equivalent to that claim.
Q.
Agreed.
So is your opinion that the
7
element from the '664 patent that we just
8
identified from paragraph 80 of your report is
9
absent because you don't believe that Bowman does
10
11
12
13
filtering or content-based analysis?
A.
That's correct.
That's for the same
reasons that we just discussed for the '420.
Q.
Okay.
Okay.
Let's put that one aside
14
for -- well, let's just hopefully just put it
15
aside.
16
A.
You mean, Bowman aside?
17
Q.
Yeah.
18
Okay.
So let's turn to your report,
19
which we've marked as Exhibit 1.
20
particularly on page 32, I want to start there.
And
21
A.
Under the obviousness, yes.
22
Q.
Yeah.
Under the obvious -- I think
23
the obviousness starts on page 31 under Roman
24
numeral heading XIV; correct?
25
A.
Oh, yes.
You're right.
Veritext Corporate Services
800-567-8658
973-410-4040
9349fef0-7eb5-423b-bd0b-89d5688fb872
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?