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

Filing 766

NOTICE by AOL Inc., Gannett Company, Inc., Google Inc., IAC Search & Media, Inc., Target Corporation of Filing of Defendants Proffer Of Evidence Related To Laches (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Noona, Stephen)

EXHIBIT
A

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

AOL, INC., et al.,
Defendants.
-------------------------x

CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER

Videotaped Deposition of ANDREW K. LANG
Washington, D.C.
Thursday, May 17, 2012
9:04 a.m.

Reported by:

Amy E. Sikora, RPR, CRR, CSR-NY, CLR

Job No. CS397173

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Deposition of ANDREW K. LANG
held at the offices of:

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Dickstein Shapiro LLP

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1825 Eye Street, N.W.

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Washington, D.C.

20006

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Pursuant to notice, before Amy E. Sikora,

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Registered Professional Reporter, Certified

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Realtime Reporter, Certified Shorthand

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Reporter (NY), Certified LiveNote Reporter, and

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Notary Public for the District of Columbia.

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A P P E A R A N C E S
ON BEHALF OF THE PLAINTIFF:

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DAWN RUDENKO ALBERT, ESQUIRE

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Dickstein Shapiro LLP

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1633 Broadway

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New York, New York

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212-277-6715

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[e-mail]

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10019-6708

-and-

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JONATHAN L. FALKLER, ESQUIRE

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1825 Eye Street, N.W.

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Washington, D.C.

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202-420-3032

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[e-mail]

20006-5403

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ON BEHALF OF DEFENDANTS GOOGLE, INC., IAC

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SEARCH & MEDIA, INC., TARGET CORP., AND GANNETT

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CO., INC.:

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DAVID A. PERLSON, ESQUIRE

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Quinn Emanuel Urquhart & Sullivan

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50 California Street

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San Francisco, California

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415-986-5700

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[e-mail]

94111

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A P P E A R A N C E S

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(Continued)

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ON BEHALF OF DEFENDANT AOL, INC.:

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CORTNEY S. ALEXANDER, ESQUIRE

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Finnegan Henderson Farabow Garrett & Dunner

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LLP

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3500 SunTrust Plaza

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303 Peachtreet Street, NE

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Atlanta, Georgia

30308-3263

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404-653-6400

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[e-mail]

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ALSO PRESENT:

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David L. Cohen, Esquire

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Innovate/Protect

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Daniel McClutchy, Videographer

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Q.

Sure.

2

A.

I'm not sure.

3

Q.

And -- well, when is the last time

4

you've read the patents that are at issue in this

5

case in any level of detail?

6

MS. ALBERT:

7
8

A.

Objection, vague.

I've -- I've read parts of them as

recently as the latter half of 2011.

9

Q.

10

What parts?
MS. ALBERT:

I would caution the

11

witness that if your response is going to divulge

12

attorney-client communications, I would advise

13

you not to answer.

14

A.

15

advice.

16

Q.

17

I'm going to take my attorney's
You can't answer the question without

divulging privileged communications?

18

A.

Yes.

19

Q.

Prior to looking at or -- let me start

20

over.

21

the latter half of 2011, before that when was the

22

last time that you had read the patents?

23
24
25

Prior to reading parts of the patent in

A.

I don't recall exactly, but probably

10 years prior to that, roughly.
Q.

And in connection with your deposition
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today, you did not feel a need to read your

2

patents?

3

MS. ALBERT:

4
5

A.

Objection.

I -- I don't recall feeling some need

to read them.

6

Q.

Did you anticipate that you'd be asked

7

questions regarding the patents at issue in this

8

case?

9

MS. ALBERT:

Objection.

I would also

10

caution the witness that if your response would

11

divulge any attorney-client communications, I

12

would advise you not to answer.

13

A.

14

advice.

15

Q.

I'm going to take my attorney's
Well, separate and apart from anything

16

that your attorney told you, did you anticipate

17

that you'd be asked questions regarding the

18

patents at issue in this case that you are a

19

named inventor of?

20

A.

Aside from what I've been told by my

21

attorneys, I'm not sure I would be even aware of

22

this deposition.

23

Q.

Okay.

But -- okay.

But once you knew

24

that the deposition was scheduled and that you

25

were going to be giving a deposition in this case
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hundreds of millions that the current search

2

engine was -- was using.

3

Q.

Other than -- excuse me.

Other than

4

Gigasearch, did you personally do any work in

5

connection with Internet search while you were at

6

Lycos?

7
8
9

MS. ALBERT:
A.

Objection.

It's possible.

I don't -- I don't

recall working on their -- on their current

10

search engine a lot.

11

new technologies.

12

Q.

My -- my focus was more on

Well, and other than Gigasearch, did

13

any of those new technologies relate to Internet

14

search?

15

MS. ALBERT:

Objection.

16

A.

I don't recall.

17

Q.

In relation to the inventions in this

It's possible.

18

case, did you ever create any prototype of --

19

of -- of any system?

20

A.

In connection with this case?

21

Q.

Let me start over.

22

It was a bad

question.

23

Did you ever develop any prototype

24

system of the inventions of the patents that are

25

at issue in this case?
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MS. ALBERT:

Objection, vague.

2

A.

I don't recall whether I did or not.

3

Q.

Do you know whether anybody did?

4
5

MS. ALBERT:
A.

6
7

I'm not sure.
THE VIDEOGRAPHER:

Five minutes left

on the tape, Counsel.

8
9

Objection, vague.

MR. PERLSON:
Q.

Okay.

Do you know whether anyone ever did

10

any testing of the inventions that are at issue

11

in this case?

12

MS. ALBERT:

13

Speculation.

14

A.

Objection, vague.

15

I don't recall any specific memories

of people testing it.

16

MR. PERLSON:

Why don't we change --

17

we're at the end of the tape.

18

a break.

19

THE VIDEOGRAPHER:

20

record.

21

Why don't we take
Going off the

No. 1.

The time is 10:20.

22

(Recess taken.)

23

THE VIDEOGRAPHER:

This ends tape

24

record.

The time is 10:32.

We are back on the
This is tape No. 2.

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BY MR. PERLSON:
Q.

Do you know whether Lycos ever used

the -- the patents in suit?

4

MS. ALBERT:

Vague.

Speculation.

5

A.

Sitting here today, I don't know.

6

Q.

At some point in time Lycos sold the

7

patents in suit to an entity that -- that you

8

were involved with; is that correct?

9

MS. ALBERT:

Objection, vague.

10

A.

Yes.

11

Q.

Okay.

12

A.

I believe it was the middle of 2011.

13

Q.

Okay.

14

And when was that?
And how did you first hear of

the opportunity to buy those patents?

15

A.

How did I hear of them?

16

Q.

Sure.

17

A.

Let's see, I'm --

18

MS. ALBERT:

I would just caution the

19

witness that if it's going to divulge

20

attorney-client communications, I'd advise you

21

not to answer.

22

A.

I -- there was a meeting that took

23

place in the middle of 2011 in which I was told

24

that there may be an opportunity to buy those

25

patents.
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Q.

And does -- did the NewsWeeder use

collaborative filtering?
A.

Not --

4
5

MS. ALBERT:
A.

Objection, vague.

I don't recall -- I don't recall there

6

being collaborative filtering at the time that I

7

was there.

8
9

Q.

Okay.

filtering?

10
11

Did it use content-based

MS. ALBERT:
A.

Objection.

I don't remember whether was the -- it

12

was using content-based analysis or filtering

13

live with the users reading things or if it was

14

simply done on the back end as far as doing

15

research.

16

Q.

Was the NewsWeeder -- was it -- you

17

had a -- a research paper in connection with the

18

NewsWeeder; is that correct?

19

A.

That's correct.

20

Q.

And did you make any proposals to

21

Carnegie Mellon to try to commercialize the news

22

reader -- NewsWeeder?

23

A.

I think what you mean -- you may mean

24

by that is, Carnegie Mellon has a technology

25

transfer office, and if you're going to start
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had others around at the time.
Q.

And what was Mr. Kosak's contribution

to the patents at issue in this case?

4
5

MS. ALBERT:
A.

Objection, vague.

It was a long time ago.

He was --

6

let's see.

7

person that joined the company, and he and I

8

worked together on the patents, on the invention

9

and the technology, and I don't recall exactly

10
11

He was the first technology-oriented

who contributed what in the . . .
Q.

So you can't say that one of you was

12

the content-based guy and the other one was the

13

collaborative-based guy?

14
15
16
17
18

MS. ALBERT:
A.

Objection, vague.

I don't think that there was any, you

know, clear division between who did what.
Q.

What was the -- did Empirical Media

ever release any products?

19

A.

Sorry, can you repeat that?

20

Q.

Did Empirical Media ever release any

21
22

products?
A.

When you -- when you say "products,"

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you mean like a physical product that was

24

delivered to customers?

25

Q.

Or something made available through
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than millions.

2

Q.

Thousands?

3

A.

I don't recall that number.

4

Q.

Did Ustream use collaborative

5

filtering?

6
7
8
9
10

MS. ALBERT:
foundation.
A.

Objection.

No

Vague.
Ustream, what do you mean by

"Ustream"?
Q.

Oh, I'm sorry.

Was the service -- I'm

11

sorry, I guess I'm confusing Ustream and UMedia,

12

I think.

13

then -- I thought it was Ustream.

14

A.

What -- you said there was WiseWire and
Is it UMedia?

My recollection was the first name we

15

chose for the service was UMedia.

16

"Ustream" are vaguely familiar, but I don't

17

remember how we were using them at the time.

18
19

Q.

Okay.

The words

Well, did -- did the UMedia

service use collaborative filtering?

20

MS. ALBERT:

Objection.

21

A.

When it was called UMedia?

22

Q.

Sure.

23

A.

I'm not sure.

24

Q.

Did the WiseWire service use

25

collaborative filtering?
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A.

I believe it did.

2

Q.

And did it use content filtering?

3
4
5
6
7

MS. ALBERT:
A.

Yes.

I believe it used content-based

filtering, if you mean the WiseWire service.
Q.

Correct.

And what did the WiseWire

service use collaborative filtering for?

8
9

Objection.

MS. ALBERT:
A.

Objection.

I believe we had a number of different

10

projects that used it.

11

remember was a service that let users read things

12

on the Internet and rate them, and then use those

13

ratings to help predict ratings for other users.

14
15

Q.

Was WiseWire ever used in connection

with Internet search?

16
17
18
19
20
21
22

One such project I

MS. ALBERT:
A.

Objection.

Can you tell me what you mean by

"Internet search"?
Q.

You don't understand what an Internet

search is?
A.

Well, it could mean different things

so I'm asking what you mean by it.

23

Q.

24

engine.

25

A.

In the context of an Internet search
Does that help?
A search engine like Lycos?
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Q.

Sure.

2

A.

I don't recall whether it was used

3

with -- physically used with -- with a search

4

engine like Lycos.

5

Q.

Do you recall whether WiseWire was

6

ever used in connection with any service that

7

allowed the user to search the Internet?

8
9

A.

By "connection," can you tell me what

you mean by that?

"In connection with"?

I'll --

10

I'll tell you why I'm asking.

11

mentioned earlier, we did provide technology that

12

could be used for various Lycos products.

13

products were sometimes used within the -- the

14

same web page as Lycos' search engine.

15

could be considered in connection with, although

16

it did not -- it did not -- may not have been

17

being used in the search engine itself.

18

Q.

Okay.

I mean, as I
Those

That

So can you give an example of

19

how WiseWire products might have been on the

20

Lycos page?

21

MS. ALBERT:

Objection.

22

Q.

Web page?

23

A.

Which -- which web page?

24

Q.

Let me just back up.

25

A.

Okay.
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Q.

That was a bad question.

2

Can you give me an example of the --

3

of what you just described, a practical example

4

of when your technology was used in connection

5

with --

6

A.

Well, my recollection of the Lycos

7

website was there was various pages, and

8

different pages could provide different kinds of

9

services.

And one web page had a search engine.

10

There were other web pages that had -- their

11

hierarchy or directory of web pages.

12

recall WiseWire being used in the directory.

13

don't -- I don't recall whether it was used in

14

their search engine or not.

15
16

Q.

And I
I

When was the first WiseWire service

offered?

17

MS. ALBERT:

Objection.

18

A.

I don't recall.

19

Q.

Did WiseWire use a user query to

20

perform content-based filtering?

21
22
23
24
25

MS. ALBERT:
A.

I'm not sure.

Objection.
I don't remember

queries being used in that way.
Q.

Do you know whether WiseWire used user

queries for collaborative-based filtering?
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MS. ALBERT:

2
3
4
5

A.

I don't recall them being used in that

Q.

Do you know what a spider is in

way.
connection -- in the context of Internet search?

6
7

Objection.

MS. ALBERT:
A.

Objection.

Do I know what a spider is in

8

connection with Internet search or in general

9

what my understanding is what that means?

10

Q.

Yeah.

11

A.

Yes, I have a general understanding.

12

Q.

What -- what is it?

13

A.

A spider collects web pages to put

14

into the search engine.

15

Q.

How does it do that?

16

A.

It makes requests on the Internet for

17

web pages, receives them, and then puts them in

18

an index.

19

Q.

Would you agree that spidering systems

20

existed before the patents in this case were

21

filed?

22
23
24
25

MS. ALBERT:

Objection, vague.

No

foundation.
A.

I believe that people would call some

of the systems created before these patents were
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filed spidering systems.
Q.

spidering; correct?

4
5

Yourself and Mr. Kosak didn't invent
MS. ALBERT:

A.

Objection.

If by "spidering" you mean what I was

6

referring to earlier, sort of pulling web pages

7

from the Internet and putting them into search

8

engines, no, we did not invent that.

9

Q.

Have you ever heard of GroupLens?

10

A.

Yes.

11

Q.

What's GroupLens?

12

A.

My -- I don't have a deep familiarity

13

with it because it was a long time ago, but my

14

recollection is they had a system for filtering.

15

Q.

What sort of filtering?

16

A.

I don't know the technical details of

17

it, but I believe it -- it would fall in the

18

collaborative filtering area.

19

Q.

Were you aware of that at the time

20

that you filed for the patents at issue in this

21

case, of GroupLens?

22

A.

23
24
25

I believe I was.
MS. ALBERT:

Q.

Objection, vague.

Did you provide the information on

GroupLens to your patent attorneys?
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MS. ALBERT:

You can answer yes, no,

2

or I don't recall, but I caution you not to

3

divulge any communications between you and your

4

attorney.

5

A.

6

advice.

I'm going to take my attorney's

7

MS. ALBERT:

Well, you can answer yes,

8

no, or I don't recall whether you provided, but I

9

don't want you to give any substance.

10

A.

Oh, I don't recall.

11

Q.

You don't know one way or the other?

12

A.

I don't know.

13
14

It might have been me.

It might have been somebody else.
Q.

Well, do you know whether anybody

15

provided documentation regarding GroupLens to the

16

patent attorney in connection with the

17

prosecution of the patents in suit?

18

A.

My recollection is that I believe in

19

at least one of the patents in the family

20

GroupLens is mentioned, but I'm not positive.

21

Q.

Do you know what the difference is

22

between GroupLens and the patents at issue in

23

this case?

24
25

MS. ALBERT:
A.

Objection.

I think I'd need to look at the
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things, so I don't -- I can't list them all.
Q.

Do you use a computer for work,

presumably?

4

A.

Yes.

5

Q.

And do you have files that are stored

6

locally on that computer?

7
8
9
10

MS. ALBERT:
A.

Objection.

There are files locally stored on the

computer.
Q.

And did you look for files on your

11

computer in connection with requests for

12

documents in this litigation?

13

A.

I didn't look for documents on it.

I

14

just -- I -- they had somebody who came and just

15

imaged the entire thing.

16
17
18

Q.

Do you keep paper files at

Innovate/Protect?
A.

In general, no.

There might be an

19

occasional piece of paper that's there, but

20

nothing comes to mind right now.

21
22

Q.

Do you still have documentation -- let

me ask -- start over.

23

It's been a while since you worked at

24

Lycos or WiseWire.

25

you documentation-wise from those times?

Did you take anything with

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MS. ALBERT:

Objection.

Compound,

vague.
A.

I believe that there were some -- at

4

least some things that remained with me after I

5

left their employment.

6

Q.

Oath.

7

Do you still have those?

MS. ALBERT:

Objection.

8

A.

Do I have them in my possession?

9

Q.

Sure.

A.

I don't believe I have any remaining

10
11
12

in my possession now.
Q.

Okay.

13
14

Did you look?

MS. ALBERT:
A.

Objection.

I looked, along with a representative

15

from my attorney, to see if in my possession

16

there was anything like that.

17
18

Q.
computer?

19
20
21

Among any physical files or on the
MS. ALBERT:

A.

Objection.

Well, your earlier question was about

paper documents, right?

22

Q.

Okay.

23

A.

Are you referring to that or which

24
25

thing are you referring to?
Q.

Well, I'm referring to -- you had said
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that you looked through with an attorney --

2

A.

Uh-huh.

3

Q.

-- for files.

4

A.

Right.

5

Q.

And I was asking if those were paper

6

files?

7

A.

Those were paper files.

8

Q.

Okay.

9

And are those things that you

had like at home or in your garage?

10

A.

I had them in a storage unit.

11

Q.

Okay.

When you were working on the

12

inventions of the -- the patent in suit, did you

13

keep like a notebook of some kind?

14
15
16

MS. ALBERT:
A.

Objection, vague.

When I was -- when I was inventing

them, is that what you're saying?

17

Q.

Yeah.

18

A.

I would occasionally use a pad and

19
20

paper to write down ideas.
Q.

Okay.

You didn't have like a notebook

21

that you would centrally store all your ideas or

22

something like that?

23
24
25

MS. ALBERT:
A.

Objection.

I don't recall a specific -- there

may -- there may have been some specific -- well,
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there were various notebooks but there wasn't

2

like one central one.

3
4

Q.

Uh-huh.

Would you have taken those

notebooks with you --

5

MS. ALBERT:

Objection.

6

Q.

-- when you left Lycos?

7

A.

I don't -- I don't recall what I took

8

with me specifically.

9
10

Q.

So you don't know where they are

necessarily?

11
12

MS. ALBERT:

No

foundation.

13
14

Objection.

A.

Where the -- where the notebooks are

from when I left?

15

Q.

Yeah.

16

A.

No.

Q.

Okay.

17
18

now.

19
20

I don't know where they are right

MR. PERLSON:

Well, he has to change

the tape, so do you want to break for lunch?

21

THE VIDEOGRAPHER:

22

record.

23

Going off the

No. 2.

The time is 11:58.

This ends tape

24

(Recess taken.)

25

(Lang Exhibit No. 2, copy of Lang
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then I would need to go and see what systems were

2

in existence at that point in time.

3
4
5

Q.

And you can't do that right now as to

claim 26 of the '664 patent; correct?
A.

Yeah.

I would need the time to read

6

the patent, and then I would probably need to do

7

some Internet research about what systems existed

8

then and how they worked.

9
10

Q.

Okay.

So you can't answer that

question right now; correct?

11

A.

That's correct.

12

Q.

Did -- did you do any investigation

13

concerning what the state of the art was at the

14

time you filed for your patents in connection

15

with your preparation for this deposition?

16
17
18
19

MS. ALBERT:

Objection.

Compound,

vague.
A.

I'm sorry, can you repeat the whole

thing?

20

Q.

Sure.

21

A.

Yeah.

22

Q.

Did you do any investigation -- well,

23

let me ask you this:

24

investigation as to what the state of the art was

25

at the time that you applied for your patents?

Have you ever done any

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MS. ALBERT:

2
3

A.

Objection.

Did I do any investigation at that

time that I was applying?

4

Q.

Sure.

5

A.

I believe I probably did, but I

6

don't -- that was a long time ago so I don't

7

remember exactly.

8
9

Q.
then?

10
11
12

Have you -- have you done that since
MS. ALBERT:

A.

Objection.

Have I done any -- have I reviewed

whether there was existing systems out there --

13

Q.

Sure.

14

A.

-- prior to filing?

15
16

I don't recall --

I don't recall doing it since then.
Q.

So, you know, you're really not in any

17

position to identify what -- well, let's move on

18

to a different question.

19

Did anyone tell you not to look at the

20

state of the art at the time you filed for your

21

patents, in connection with your deposition

22

today?

23

MS. ALBERT:

I would caution the

24

witness -- first I want to object to the form of

25

the question.

But I would also caution the

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Is there a specific page that you're referring

2

to.

3

Q.

Well, that's sort of why I was asking

4

the question.

5

some -- you know, it has these title pages, and

6

then it has emails behind them.

7

wondering if you remembered someone putting this

8

together for some particular purpose?

9
10
11

Because, as you say, it has
And I was

A.

I don't.

Q.

On the second page it refers to

"WiseWire 3.0 Software Component Layout"?

12

A.

Yes, I see it.

13

Q.

And is -- do you know what the

14

WiseWire 3.0 was in comparison to the previous

15

versions, like how it was different?

16
17
18
19
20

MS. ALBERT:

Objection.

No

foundation.
A.

I don't off the top of my head.

It's

been many years since then.
Q.

If you look on -- it's Lang 1322.

21

It's the "WiseWire Technology Group."

22

org chart, it looks like?

Kind of an

23

A.

I see it.

24

Q.

So was there a -- a separate group at

25

WiseWire that -- that you were in charge of or -Veritext Corporate Services

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description at a high level for marketing

2

purposes to the layman.

3

Q.

Okay.

Does it say here that this is

4

just one of the many ways of -- of doing

5

collaborative filtering?

6
7

MS. ALBERT:

Objection.

No

foundation.

8

A.

No.

9

Q.

It says, "a process called

10

It says "a process."

collaborative filtering"; right?

11

A.

Right.

12

Q.

If you look in the third paragraph --

13

third full paragraph on page 2, in the second

14

sentence that's attributable -- attributed to

15

you, it says, "'The ability to dynamically meet

16

the interests of its users can personalize the

17

Internet for each individual, while the

18

combination of adaptive and collaborative

19

filtering provides the highest quality of online

20

information available."

21

Do you see that?

22

A.

I see it.

23

Q.

And what is -- what is adaptive

24

filtering?

25

MS. ALBERT:

Objection.

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Q.

As you used it in that sentence?

2
3
4

MS. ALBERT:

Objection.

No

foundation.
A.

You know, it was a long -- it was a

5

very long time ago, so, you know, I can't tell

6

you, sitting here today, what was in my mind when

7

I was -- when I was quoted in this.

8
9
10

Q.

Do you have a present understanding of

what adaptive filtering it?
A.

Today, you know, I have -- I can give

11

you my general understanding today of -- of how I

12

would define what that generally means.

13

Q.

Okay.

14

A.

Well, filtering, as I described

Please do.

15

earlier, is taking a stream of -- of content and

16

using a set of criteria to decide whether to

17

include or exclude pieces of that content

18

according to that criteria, and potentially

19

ranking the items that are included.

20

adaptive means that it can change over time and

21

become -- become improved, in general.

22
23
24
25

Q.

And being

Is adaptive filtering a type of

content filtering?
A.

I wouldn't say all -- you're saying

all adaptive filtering is -- are types of content
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read the full patent to get a full understanding

2

of what's in claim 10 and how it's used and what

3

the design of it is.

4

to be able to go back to NewsWeeder and see

5

exactly how it functioned and compare it with

6

that.

And then I would also need

7

Q.

Okay.

8

A.

Not this many years later, no.

9

Q.

How about claim 25 of the '420 patent,

So you can't answer right now?

10

can you identify any element of claim 25 of the

11

'420 patent that wasn't used in NewsWeeder?

12
13

MS. ALBERT:
foundation.

Objection.

Asked and answered.

No
Vague.

14

MR. PERLSON:

Any others?

15

MS. ALBERT:

Give me a sec.

16

A.

Similar to claim 10, I would need to

17

read the full patent to get an idea of what each

18

of the terms meant, and then I might be able to

19

understand how the entire claim as a design and

20

an invention works, and then I would need to

21

compare that with NewsWeeder.

22

research how all the pieces of NewsWeeder worked.

23
24
25

Q.

Okay.

I'd need to

So you can't answer that

question right now?
A.

Not this many years later off the top
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of my head, no.

2

Q.

If you look at claim 26 of the '664

3

patent, please.

4

the '664 patent, claim 26, that was not used in

5

NewsWeeder?

6

Can you point to any element of

MS. ALBERT:

Same objections.

7

A.

Claim 26 of the '664 patent?

8

Q.

Yeah.

9

A.

I would -- I would need to read the

10

full patent and get a better understanding of

11

each of the terms there to have an understanding

12

of the full claim, and then I could compare that

13

again with NewsWeeder to be able to answer that.

14

Q.

So you can't answer the question right

16

A.

Not without doing all that, no.

17

Q.

NewsWeeder used collaborative

15

18

now?

filtering; correct?

19
20

MS. ALBERT:

Objection.

No

foundation, vague.

21

A.

I don't -- I don't recall.

22

Q.

NewsWeeder used content filtering;

23

correct?

24
25

MS. ALBERT:

Objection.

No

foundation, vague.
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advice.

2

Q.

You can't answer the question?

3

A.

That's correct.

4

Q.

Do you know what search for prior art

5

was done in connection with the applications of

6

the '420 patent?

7
8

MS. ALBERT:

I'm sorry, can you read

that back, please.

9

(Record read.)

10

A.

No, I don't recall.

11

Q.

Did you ever ask anyone to do such a

12

search?

13

MS. ALBERT:

Hold on.

Objection,

14

vague.

15

were with counsel, I would advise you not to

16

divulge privileged communications.

And to the extent that any communications

17

You can say yes, no, or I don't

18

recall, but before you get into the substance of

19

anything.

20
21

THE WITNESS:
A.

Uh-huh.

Are you asking if I asked somebody to

22

do a prior art search prior to this patent

23

application?

24

Q.

Yeah.

25

A.

I don't recall.
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