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
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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.
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Q
Okay.
18:36:47
Is that the only way in which you
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could find the pages, according to the court's
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construction of scanning a network, or is that --
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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
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18:37:06
So your question -- I haven't thought it
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18:37:01
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through carefully -- is could there be some other way
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that doesn't use anything -- doesn't use any spidering
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that still looks for or examines items in a network.
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Q
Correct.
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A
It's not obvious to me off the top of my
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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
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it.
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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
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18:37:33
18:37:42
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think much more carefully about an alternate
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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
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You haven't formed any opinions as to
18:37:49
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whether there's an alternate implementation of
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scanning a network that would not require a spider?
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A
I have not.
I didn't feel any need to.
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Q
You didn't form -- you didn't consider
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forming such an opinion in connection with your
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noninfringement report?
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A
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Did I consider forming such?
I'm sorry,
I'm trying to distinguish two questions.
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Did I form such an opinion, no.
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18:38:22
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Q
Let me ask it --
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A
Did I consider it and then reject it, the
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idea of forming it?
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again.
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I'm sorry.
Try your question
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18:38:30
Q
So it's true that you did not form an
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opinion, when performing your noninfringement
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analysis, as to whether there's an alternate
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implementation of scanning a network that would not
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require a spider.
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A
That's correct.
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Q
Are there -- is it possible to use a spider
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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
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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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here.
16:35:16
MR. CIMINO:
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16:35:13
What column are you reading,
Dr. Ungar?
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THE WITNESS:
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16:35:40
I'm looking at -- I'm
But I'm
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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.
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BY MR. BILSKER:
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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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what you were thinking about, since we want Frank to
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get home to his football game?
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So that was one of the examples.
So the --
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that example says that a list may be ordered by the
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extent to which the identified item matches the terms
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of a query.
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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
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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
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CONFIDENTIAL VIDEOTAPED DEPOSITION OF LYLE UNGAR, Ph.D., VOLUME 2
CONDUCTED ON SUNDAY, SEPTEMBER 23, 2012
527
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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?
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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
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query.
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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?
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A
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I think there were further ones down, but
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It's continuing the same
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Those and the later ones, which can easily
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be found, express precisely what I was thinking about,
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matching the terms in the query to the terms in the
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item.
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