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

Filing 609

Reply to Motion re 357 MOTION in Limine Plaintiff I/P Engines Daubert Motion, and Fourth Motion in Limine, to Exclude Lyle Ungars New Theory of Invalidity and Opinions Regarding Claim Construction filed by I/P Engine, Inc.. (Attachments: # 1 Exhibit 1)(Sherwood, Jeffrey)

Exhibit 1 

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1

UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF VIRGINIA

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NORFOLK DIVISION

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------------------------x

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I/P ENGINE, INC.,
Plaintiff,

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7
8
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10

v.

:
: Civil Action No.
: 2:11-cv-512

AOL, INC., et al.,
Defendants.

:
:

------------------------x

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CONFIDENTIAL - OUTSIDE ATTORNEYS' EYES ONLY

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Videotaped Deposition of LYLE UNGAR, Ph.D.

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Philadelphia, Pennsylvania

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Saturday, September 22, 2012

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1:03 p.m.

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Job No.: 26365

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Pages: 1 - 266

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Reported by: Debra A. Whitehead

CONFIDENTIAL VIDEOTAPED DEPOSITION OF LYLE UNGAR, Ph.D.

CONDUCTED ON SATURDAY, SEPTEMBER 22, 2012
231
1

A

Yes.

2

Q

Okay.

18:36:47
Is that the only way in which you

18:36:47

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could find the pages, according to the court's

18:36:52

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construction of scanning a network, or is that --

18:36:56

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A

So --

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Q

I'm sorry.

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A

Sorry.

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network.

18:37:01
Go ahead.

Looking for or examining items in a

18:37:03
18:37:06

So your question -- I haven't thought it

9

18:37:01

18:37:07

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through carefully -- is could there be some other way

18:37:09

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that doesn't use anything -- doesn't use any spidering

18:37:12

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that still looks for or examines items in a network.

18:37:15

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Q

Correct.

18:37:21

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A

It's not obvious to me off the top of my

18:37:26

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head how to do that.

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there would be.

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definition that says spidering has to be the way to do

18:37:37

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it.

18:37:39

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of how I would do it.

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But I'm -- I could imagine that

There's nothing intrinsic to the

That's somehow the obvious way that comes to mind

I would need to take -- I would need to

18:37:29
18:37:33

18:37:42
18:37:43

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think much more carefully about an alternate

18:37:45

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implementation of that.

18:37:48

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CONFIDENTIAL VIDEOTAPED DEPOSITION OF LYLE UNGAR, Ph.D.

CONDUCTED ON SATURDAY, SEPTEMBER 22, 2012
232
Q

1

You haven't formed any opinions as to

18:37:49

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whether there's an alternate implementation of

18:37:51

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scanning a network that would not require a spider?

18:37:54

4

A

I have not.

I didn't feel any need to.

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Q

You didn't form -- you didn't consider

18:37:57
18:37:59

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forming such an opinion in connection with your

18:38:04

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noninfringement report?

18:38:07

A

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Did I consider forming such?

I'm sorry,

I'm trying to distinguish two questions.

18:38:13
18:38:20

Did I form such an opinion, no.

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18:38:22

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Q

Let me ask it --

18:38:24

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A

Did I consider it and then reject it, the

18:38:25

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idea of forming it?

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again.

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I'm sorry.

Try your question

18:38:27
18:38:30

Q

So it's true that you did not form an

18:38:30

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opinion, when performing your noninfringement

18:38:32

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analysis, as to whether there's an alternate

18:38:35

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implementation of scanning a network that would not

18:38:38

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require a spider.

18:38:40

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A

That's correct.

18:38:41

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Q

Are there -- is it possible to use a spider

18:38:42

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in an office LAN?

CONFIDENTIAL - OUTSIDE ATTORNEYS' EYES ONLY
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18:39:02

267
1

UNITED STATES DISTRICT COURT

2

EASTERN DISTRICT OF VIRGINIA

3

NORFOLK DIVISION

4

------------------------x

5

I/P ENGINE, INC.,
Plaintiff,

6
7
8
9
10

v.

:
: Civil Action No.
: 2:11-cv-512

AOL, INC., et al.,
Defendants.

:
:

------------------------x
VOLUME 2

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CONFIDENTIAL - OUTSIDE ATTORNEYS' EYES ONLY

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CONTAINS SOURCE-CODE PROTECTED PORTION,

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PURSUANT TO PROTECTIVE ORDER

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Videotaped Deposition of LYLE UNGAR, Ph.D.

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Philadelphia, Pennsylvania

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Sunday, September 23, 2012

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8:44 a.m.

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Job No.: 26363

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Pages: 267 - 532

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Reported by: Debra A. Whitehead

CONFIDENTIAL VIDEOTAPED DEPOSITION OF LYLE UNGAR, Ph.D., VOLUME 2

CONDUCTED ON SUNDAY, SEPTEMBER 23, 2012
526
I wish I had an automatic search piece

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2

here.

16:35:16
MR. CIMINO:

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16:35:13

What column are you reading,

Dr. Ungar?

16:35:42
THE WITNESS:

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16:35:40

I'm looking at -- I'm
But I'm

16:35:43

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starting at the beginning, Columns 1 and 2.

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in Column 1 at the moment.

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early in the article, in the patent.

16:35:51

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BY MR. BILSKER:

16:36:13

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Q

16:36:14

I recall it was fairly

Well, let me ask you, is Column 1, Line 43,

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16:35:48

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what you were thinking about, since we want Frank to

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get home to his football game?

16:36:23

A

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So that was one of the examples.

So the --

16:36:25

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that example says that a list may be ordered by the

16:36:29

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extent to which the identified item matches the terms

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of a query.

16:36:40

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to the words in, for example, the web page.

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one.

So that's matching the terms of a query
So that's

There were others as well.

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Q

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A

16:36:47

quickly?

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16:36:42

Are you able to find any of the others

16:36:49
16:36:51

There was one in Column 2.

Not a -- a less

important one, as a technique for displaying items,

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16:36:53
16:36:59

CONFIDENTIAL VIDEOTAPED DEPOSITION OF LYLE UNGAR, Ph.D., VOLUME 2

CONDUCTED ON SUNDAY, SEPTEMBER 23, 2012
527
1

even when no items completely match the query.

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MR. CIMINO:

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THE WITNESS:

16:37:05

Where is that?

16:37:08

That is the very bottom of

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Column 1, the start of 2.

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discussion, again talking about items matching a

16:37:14

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query.

16:37:18

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reading the claims.

And that's exactly the sense in which I'm

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again, it may take a little time to find them.

That

may suffice for -- for now, or would you like more?
Q

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Well, if there's one that's easy at your

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fingertips, that's fine.

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the whole reference right now.

We don't have to go through

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A

There was another one I think also farther

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down the page.

I apologize for not remembering

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exactly where everything is.
Q

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But those express what you were thinking

about?

16:37:25
16:37:27
16:37:31
16:37:34
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16:37:42
16:37:44
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A

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16:37:11

16:37:21

I think there were further ones down, but

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It's continuing the same

16:37:09

Those and the later ones, which can easily

16:37:53

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be found, express precisely what I was thinking about,

16:37:56

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matching the terms in the query to the terms in the

16:38:01

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item.

16:38:03

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