Elan Microelectronics Corporation v. Apple, Inc.

Filing 106

Declaration of Nathan Greenblatt In Support of Apple's Motion to Strike Paragraphs 26-34 of the Claim Construction; Declaration of Robert Dezmelyk re ( 105 ) filed by Apple, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Powers, Matthew) (Filed on 6/2/2010) Modified on 6/4/2010 (bw, COURT STAFF).

Exhibit C

DEPOSITION OF ROBERT DEZMELYK - 4/9/2010

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ELAN MICROELECTRONICS CORPORATION, ) ) ) Plaintiff, ) and Counterclaim Defendant, ) ) -vs) CASE NO. C-09-01531 RS ) APPLE, INC., ) ) Defendant, ) and Counterclaim Plaintiff, ) ______________________________)

VIDEOTAPED DEPOSITION OF ROBERT DEZMELYK

DATE:

April 9, 2010

TIME: LOCATION:

9:07 a.m. WEIL, GOTSHAL & MANGES, LLP 201 Redwood Shores Parkway Redwood Shores, California Anne M. Torreano, CSR, RPR, CCRR Certified Shorthand Reporter License Number C-10520

REPORTED BY:

PULONE & STROMBERG, INC. 800-200-1252 CERTIFIED SHORTHAND REPORTING & VIDEOCONFERENCING SERVICES

DEPOSITION OF ROBERT DEZMELYK - 4/9/2010
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A P P E A R A N C E S: For the Plaintiff, Counterclaim Defendant, ELAN MICROELECTRONICS CORPORATION: ALSTON & BIRD, LLP BY: SEAN DeBRUINE Two Palo Alto Square 3000 El Camino Real Suite 400 Palo Alto, California 94306 [phone] [e-mail] ALSTON & BIRD, LLP BY: GEORGE D. MEDLOCK, JR. One Atlantic Center 1201 West Peachtree Street Atlanta, Georgia 30309 [phone] [e-mail] For the Defendant, Counterclaim Plaintiff, APPLE, INC.: WEIL, GOTSHAL & MANGES, LLP BY: JARED BOBROW JASON LANG 201 Redwood Shores Parkway Redwood Shores, California 94065 [phone] [e-mail] [e-mail] The Videographer: McMAHON & ASSOCIATES, LLC BY: DAVID MANZO 97 East St. James Street Suite 101 San Jose, California 95113 [phone] Also Present: JAYNA WHITT, APPLE, INC.

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THE VIDEOGRAPHER: Good morning. We are going on the record. The time on the screen is 9:07 a.m. Today's date is April 9th, 2010. We are located at Weil, Gotshal & Manges, 201 Redwood Shores Parkway, Redwood Shores, California. This is tape No. 1 of the videotaped deposition of Robert Dezmelyk; case name, Elan Microelectronics, Incorporated versus Apple, venued in the U.S. District Court, Northern District of California, San Jose Division, Case No. C-09-01531-RS. My name is David Manzo, a legal video specialist representing McMahon & Associates, LLC, 97 East Saint James Street, Suite 101, San Jose, California. The court reporting firm is Pulone & Stromberg. The court reporter is Anne Torreano. Counsel, please state your name, your office and whom you represent in this action. MR. BOBROW: Good morning. This is Jared Bobrow of Weil, Gotshal & Manges, and I represent Apple, and with me is Jason Lang. MR. DeBRUINE: I'm Sean DeBrune of Alston & Bird. I'm representing the witness and the plaintiff, Elan Microelectronics, and with me is George Medlock. THE VIDEOGRAPHER: Would the court reporter

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EXAMINATION INDEX ROBERT DEZMELYK PAGE 5

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please swear in the witness? ROBERT DEZMELYK, called as a witness, after having been duly sworn by the Certified Shorthand Reporter to tell the truth, the whole truth, and nothing but the truth, testified as follows: EXAMINATION BY MR. BOBROW: Q. Good morning, sir. A. Good morning. Q. Can you please state your name for the record? A. Certainly. My name is Robert Dezmelyk. Q. Why don't you spell the last for us? A. Sure. It's D-e-z-m-e-l-y-k. Q. Where do you live? A. I live in Newton, New Hampshire. Q. Are you employed? A. Yes, I am. Q. By whom? A. I work for Laboratory Computer Systems, Inc., which does business as LCS Telegraphics. Q. How long have you worked for LCS? A. I actually started the company in 1980, so I've worked continuously there since 1980. Q. How many employees does LCS have?

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BY MR. BOBROW

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EXHIBIT INDEX

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DEPOSITION PAGE 40 45

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Joint Claim Construction and Prehearing Statement Summary of Testimony and Opinions of Robert Dezmelyk Diagram Capacitive Sensing 101 Projected Capacitive Touch Screen Technology Enlarged view of Figure 7-F1 from '352 patent Diagram of a touch pad June 1990 issue of The International Journal of Robotics Research --oOo-119 82 85

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PULONE & STROMBERG, INC. 800-200-1252 CERTIFIED SHORTHAND REPORTING & VIDEOCONFERENCING SERVICES

DEPOSITION OF ROBERT DEZMELYK - 4/9/2010
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trying to determine, you know, the presence of two fingers. Two fingers are on the pad. There are certain capacitance values that are generated. Let's assume I'm sensing the X conductors along the X axis. I weed out the noise. I weed out whacky extraneous or the kind of events that you were describing, that kind of data. Filtering is done. When I'm calculating the centroid, do I include in determining the centroid the values that correspond to the maximum capacitance? In other words, the maximum values associated with those fingers. A. Well, if you're trying to compute one centroid across both of them, then you would include the maximum of both. If you were trying to compute two centroids, one for each, you would include the maximum value for each in its own calculation, and then you would -- the range of calculation would be limited -- you'd make some tests, of which there are many, to determine which -- you know, what part of the waveform was associated with the first hill and what part was associated with the second. MR. BOBROW: All right. That's all I have. Thank you. THE VIDEOGRAPHER: This ends today's deposition of Robert Dezmelyk on April 9th, 2010. The

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REPORTER'S CERTIFICATE The undersigned Certified Shorthand Reporter licensed in the State of California does hereby certify: I am authorized to administer oaths or affirmations pursuant to Code of Civil Procedure, Section 2093(b), and prior to being examined, the witness was duly administered an oath by me. I am not a relative or employee or attorney or counsel of any of the parties, nor am I a relative or employee of such attorney or counsel, nor am I financially interested in the outcome of this action. I am the deposition officer who stenographically recorded the testimony in the foregoing deposition, and the foregoing transcript is a true record of the testimony given by the witness. Before completion of the deposition, review of the transcript [x] was [ ] was not requested. If requested, any changes made by the deponent (and provided to the reporter) during the period allowed are appended hereto. In witness whereof, I have subscribed my name this ____ day of __________, 2010. _______________________________ ANNE M. TORREANO, CSR No. 10520

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total number of tapes used was four. The master videotapes of today's deposition will remain in the custody of McMahon & Associates McMahon & Associates, LLC. We're now off the record. The time is 5:25 p.m. (The deposition of ROBERT DEZMELYK was adjourned at 5:25 p.m. this date.) --- oOo --I certify under penalty of perjury that the foregoing is true and correct. Date ____________________ __________________________ ROBERT DEZMELYK

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PULONE & STROMBERG, INC. 800-200-1252 CERTIFIED SHORTHAND REPORTING & VIDEOCONFERENCING SERVICES