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:
3
Dickstein Shapiro LLP
4
1825 Eye Street, N.W.
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Washington, D.C.
20006
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7
Pursuant to notice, before Amy E. Sikora,
8
Registered Professional Reporter, Certified
9
Realtime Reporter, Certified Shorthand
10
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
4
Dickstein Shapiro LLP
5
1633 Broadway
6
New York, New York
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212-277-6715
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albertd@dicksteinshapiro.com
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10019-6708
-and-
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JONATHAN L. FALKLER, ESQUIRE
11
1825 Eye Street, N.W.
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Washington, D.C.
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202-420-3032
14
falklerj@dicksteinshapiro.com
20006-5403
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ON BEHALF OF DEFENDANTS GOOGLE, INC., IAC
16
SEARCH & MEDIA, INC., TARGET CORP., AND GANNETT
17
CO., INC.:
18
DAVID A. PERLSON, ESQUIRE
19
Quinn Emanuel Urquhart & Sullivan
20
50 California Street
21
San Francisco, California
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415-986-5700
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davidperlson@quinnemanuel.com
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.:
4
CORTNEY S. ALEXANDER, ESQUIRE
5
Finnegan Henderson Farabow Garrett & Dunner
6
LLP
7
3500 SunTrust Plaza
8
303 Peachtreet Street, NE
9
Atlanta, Georgia
30308-3263
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404-653-6400
11
courtney.alexander@finnegan.com
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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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2
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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,"
23
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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2
3
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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2
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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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