Line #16 "Face the Camera"
courtesy of JonnyQwan Raging Bull # 340182:
This speaks volumes......
This blurb at the end of the deposition:
"That the amount of time used by each party at the
deposition is as follows:
Ms. Gossain: 5 hours, 32 minutes
Mr. Dossas: 13 minutes"
The Interwoven attorney spent 5 & 1/2 hours trying to get McAuley to slip up. She failed miserably!!!!
Here is the questioning, all 13 minutes of it by Dossas:
EXAMINATION
14 BY MR. DOSSAS:
15 Q. Mr. McAuley, when was the first time you wrote
16 a program? Face the camera.
17 A. When I was a teenager; I think, actually,
18 thinking back, it was probably around 1980.
19 Q. How old?
20 A. I would have been 16.
21 Q. Oh, okay. What kind of program did you write?
22 A. It was a game. I was using a Sinclair V80
23 computer, and I was trying to design a computer-based
24 role-playing game.
25 Q. Oh. Did you design one? Were you successful?
1 A. More or less.
2 Q. Okay. 16, you would have been in high school?
3 A. Correct.
4 Q. Did you write any other programs in high
5 school?
6 A. I had wrote a lot of programs, but none of them
7 were anything to write home about.
8 Q. What --
9 A. Fairly basic.
10 Q. Okay. None were commercialized?
11 A. No.
12 Q. Okay. How about in college, did you do a lot
13 of programming then?
14 A. I did, yes.
15 Q. What kind of programs did you write then?
16 A. I took a year and a half of computer courses
17 toward a computer science minor, and that included
18 FORTRAN programming on a VAX and -- and another course
19 that was a theoretical programming class, one of the
20 better classes that I've had, that was not just a
21 particular language but an amalgamation of all computer
22 languages into a single unified -- it wasn't a real
23 language, but it was a way to learn a little bit about
24 all of the different computer languages.
25 Q. (By Mr. Dossas) Where did you take thatcourse?
2 A. That was Pierce Junior College in California.
3 Q. California. Any other computer training or
4 education?
5 A. Yes. I also wrote basic programs on an
6 Apple II during college, and in addition to the FORTRAN
7 programming classes on the VAX computer. And then over
8 the years, I learned, after college, I continued to
9 learn and work with different programs, even though I
10 was primarily editing computer magazines, I continued to
11 develop software.
12 Q. Okay. And so from -- is it safe to say from
13 age 16 to the present, you've always been programming in
14 one form or another?
15 A. Yes.
16 Q. Okay. Ms. Gossain brought up Walls
17 Newspapers. I forget the exact name of the company. Do
18 you --
19 A. Walls New Media was the company that worked --
20 was a subsidiary of Walls Newspapers.
21 Q. Okay. And who was your contact at Walls New
22 Media?
23 A. Well, there were two, Lee Walls, Jr.
24 Q. Uh-huh.
25 A. And Bryan Bunch.
204
1 Q. And again, I'm sorry to fall into the same trap
2 as Ms. Gossain, but what was Bryan Bunch's --
3 A. He was the technical director for Walls New
4 Media.
5 Q. Walls New Media. And what did you sell Walls
6 New Media, what kind of --
7 A. NewsFlash.
8 Q. Just NewsFlash?
9 A. Just NewsFlash.
10 Q. Okay. And did that NewsFlash that you sold
11 them, did that have anything to do with arbitrary
12 objects?
13 A. No, sir.
14 Q. None at all?
15 A. None.
16 Q. Did they ever upgrade -- while -- while you
17 dealt with them -- how long did you deal with them? Let
18 me ask you that.
19 A. For many years they ran -- I think they
20 continued to use that original product that we sold them
21 until 2004.
22 Q. Okay.
23 A. So eight years, probably.
24 Q. Okay. And you had -- you had no contact with
25 Walls after 2004?
A. I did, actually, in 2004, I want to say, I
2 worked for them briefly to help them trans -- migrate
3 off of the product to another SQL-based solution.
4 Q. And that other SQL-based solution, what was
5 that?
6 A. I wasn't involved in the details. What I did
7 for them was help them extract the data from their old
8 NewsFlash product --
9 Q. Okay.
10 A. -- and export it to another format so that they
11 could build whatever application they wanted on top of
12 it.
13 Q. Okay. Did that 2000 -- did that transition,
14 did that transition in 2004 involve going to a system
15 that had anything to do with arbitrary objects?
16 A. No, sir.
17 Q. None at all?
18 A. No.
19 Q. So to your knowledge, Walls Media, News Media,
20 never implemented any -- anything involving arbitrary
21 objects?
22 A. That's correct. They never used the version of
23 our product that included the invention.
24 Q. Okay. Let me show you what Ms. Gossain
25 initially marked as Deposition Exhibit Number 1 for
1 identification.
2 A. Okay.
3 Q. That's U.S. patent -- the '744 patent.
4 A. Correct.
5 Q. And that patent names you as the inventor,
6 correct?
7 A. Correct.
8 Q. Did -- is -- are there anybody else that
9 contributed to this patent or to this invention that's
10 described in this patent?
11 A. No, sir.
12 Q. Let me direct your attention to exhibit --
13 McAuley Exhibit Number 9 for identification, and ask you
14 to take a look at it. And specifically, I'm going to
15 direct your attention to Page V000116.
16 A. Okay.
17 Q. Okay. Do you see that figure there?
18 A. Yes.
19 Q. Does that have anything to do with arbitrary
20 objects?
21 A. No, sir.
22 Q. Does anything in this document that you went
23 over with Ms. Gossain have anything to do with arbitrary
24 objects?
25 A. No, sir.
Q. Let me direct your attention to exhibit number
2 -- of McAuley Exhibit Number 10 for identification,
3 which is the next document on your stack. Could you
4 take that and take a look at that?
5 A. (Witness complies.) Okay.
6 Q. And I'm going to direct you to page -- I'm not
7 going to repeat the -- the prefix, but 26945, and Page
8 10, basically. I think you got it.
9 A. Got it.
10 Q. Okay. It's Interwoven PA00026945, for the
11 record. See that chart there that you talked to Mr. --
12 Ms. Gossain about?
13 A. Yes.
14 Q. Does that have anything to do with arbitrary
15 objects?
16 A. No, sir.
17 Q. Does anything in this document that you
18 reviewed with Ms. Gossain have anything to do with
19 arbitrary objects?
20 A. No, sir.
21 Q. Let me direct your attention again to exhibit
22 -- McAuley Exhibit 1 for identification, and just
23 represent to you that it's the '744 patent, and direct
24 your attention to Figure 5.
25 A. Okay.
208
1 Q. Does that having anything to do with arbitrary
2 objects?
3 A. No, sir.
4 Q. So it's not material to your invention?
5 A. No.
6 Q. Now, Ms. Gossain asked you about sales of
7 product in the 2000, 2001, 2002 time frame. And I
8 believe that was during the dot-com bust. Were you
9 involved in attempting to sell Adhesive product during
10 that time?
11 A. Yes, sir.
12 Q. Okay. After -- after Vertical obtained the
13 assets in bankruptcy -- indirectly through the bank --
14 the bank, were you involved in the -- the sales of any
15 product to any companies?
16 A. Only indirectly, yes.
17 Q. Sure.
18 A. I mean, as a support basis, yes.
19 Q. Do you remember any companies in any country
20 that you could recall the names of?
21 A. Yes. Actually, we talked about this earlier,
22 and I think the -- she had asked if there was company --
23 other companies, and the -- the Japanese company that
24 licensed our product and resold it, actually, had
25 several sales in Japan.
Q. Do you remember who their sales were to?
2 A. Yeah. It was Honda implemented the use of the
3 arbitrary object facility to develop 800 Web sites for
4 all their dealers in Japan.
5 Q. Okay. Do you remember about the time frame
6 that that happened?
7 A. Yeah. That would have been -- what, 2002,
8 2003, about. I'm not sure exactly what the time frame
9 was, but it was well after Vertical had taken over the
10 product.
11 Q. Okay. Anything else? Anybody else?
12 A. Yes. There was the World's Cup Soccer Web site
13 was also another --
14 Q. Okay.
15 A. -- project that they did.
16 Q. All right. Do you remember anything else?
17 A. No.
18 Q. Okay.
19 A. I don't remember any other ones, no.
20 MR. DOSSAS: Jennifer, I think I'm done.
21 Let me just quickly look at the notes.
22 MS. GOSSAIN: Sure.
23 MR. DOSSAS: Okay. Can we go off the
24 record for a couple of minutes?
25 THE VIDEOGRAPHER: We are off the record
210
1 at 4:49.
2 (Recess.)
3 THE VIDEOGRAPHER: We are back on the
4 record at 4:50.
5 MR. DOSSAS: I have no further questions.
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