Apple Inc. v. Samsung Electronics Co. Ltd. et al
Filing
1003
Declaration of Richard D. Wesel, Ph.D., in Support of #1005 Samsung's Opposition to Apple's Motion for Summary Judgment of Non-Infringement of U.S. Patent Number 7,362,867 filed by Samsung Electronics America, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P)(Maroulis, Victoria) (Filed on 6/1/2012) Modified on 6/4/2012 linking entry to document #1005 (dhm, COURT STAFF).
EXHIBIT P
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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- - - - - - - - - - - - - - - - - - - - - - - - - -
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APPLE INC.,
Plaintiff/Counterclaim Defendant,
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vs.
Case No. 11-cv-01846-LHK
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SAMSUNG ELECTRONICS CO., LTD.,
SAMSUNG ELECTRONICS AMERICA,
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INC., SAMSUNG
TELECOMMUNICATIONS AMERICA,
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LLC,
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Defendants/Counterclaim Plaintiffs.
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VIDEOTAPED DEPOSITION OF ANDRE ZORN
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Tuesday, March 20, 2012
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AT:
1:41 p.m.
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Taken at:
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The offices of WILMERHALE
Bastion Tower
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Place du Champ de Mars
BE 1050 Brussels
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Belgium
Job 47756
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MR. GUNTHER:
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A.
Objection to form.
13:52
13:52
and standardization, the GP 3GPP specification.
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Yes, I implemented what was written in the specification
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4
BY MR. MACK:
13:52
5
Q.
And why did you implement what was written in the 3GPP
13:52
specification?
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MR. GUNTHER:
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A.
Objection to form.
13:52
13:52
and there are optional features.
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Because in the 3GPP specifications, there are mandatory
13:52
Mandatory features
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have to be implemented by each UE, because
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it's mandatory feature, and it is necessary to
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communicate with the network in a correct way.
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that's why it's necessary to implement it in the way
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like it is described in that technical specification.
13:52
And
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BY MR. MACK:
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Q.
Are you also familiar with the alternative E-bit
13:53
interpretation?
13:53
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A.
Yes.
13:53
19
Q.
And is that also a mandatory feature in release 6 of the
13:53
3GPP standard?
13:53
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A.
Yes, it is.
13:53
22
Q.
And were you also responsible for implementing the
13:53
alternative E-bit interpretation in IMC's products?
13:53
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A.
Yes, I am.
13:53
25
Q.
Which products, specifically, were you responsible for
13:53
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with regard to the level 2 and level 3 functionality?
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Starting with release 5 protocol stack version, so all
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3
products based on release 5 and above, I was responsible
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for the radio link control.
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And which products specifically are release 5 and above
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products that IMC currently sells?
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They are -- release 6 is this X-Gold 616 product, and
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release 5 is 606 X-Gold.
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2
5
A.
Q.
6
7
A.
8
9
Q.
Six zero six, did you say?
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A.
Yes, 60.
13:54
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Q.
Oh, six zero -- okay, 606.
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A.
And release 7 is X-Gold 62.
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13
Q.
62X, or is it 66?
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A.
Yeah, it's 62X, so ...
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Q.
62X family?
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A.
Mm-hmm.
13:54
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Q.
Okay.
13:54
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So six zero; six zero.
And --
Were you responsible with working on the 62X
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family as well?
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A.
Yes.
13:54
20
Q.
And is the alternative E-bit interpretation also
13:54
mandatory in release 7 of the 3GPP standard?
13:54
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A.
Yes, it is.
13:54
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Q.
So you were also responsible for implementing the
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alternative E-bit interpretation on the 62X family?
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Yes.
13:54
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A.
Yes, I am.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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5
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APPLE INC., a California
Corporation,
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Plaintiff,
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vs.
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SAMSUNG ELECTRONICS CO., LTD,
No:
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a Korean business entity;
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11-CV-1846-LHK
SAMSUNG ELECTRONICS AMERICA,
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INC., a New York corporation;
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SAMSUNG TELECOMMUNICATIONS
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AMERICA, LLC, a Delaware
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limited liability company
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Defendants.
________________________________)
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DEPOSITION OF WAYNE STARK, Ph.D.
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Boston, Massachusetts
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Friday, April 20, 2012
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CONTAINS HIGHLY CONFIDENTIAL SOURCE CODE
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Reported By:
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Dana Welch, CSR, RPR, CRR, CBC, CCP
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Job No. 48727
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segments of the Gold codes are used in the
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Q-channel components.
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using Gold codes, and masking is a well known
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technique to produce Gold codes, would imply that
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using them for the Q-channel components would also
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be a well known technique.
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Q.
Okay.
So the fact that you're
But, again, that was not my
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question.
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masking as a means for delaying a primary or a
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secondary scrambling code to produce Q-channel
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components?
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My question was, was it known to use
MR. KOLOVOS:
Objection.
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Q.
Yes or no?
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A.
Yes.
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Q.
It was known?
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A.
Yes.
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Q.
And what is the basis for your saying so?
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MR. KOLOVOS:
Objection.
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Q.
What document specifically?
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A.
The whole literature about what that
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masking can be used to delay or provide a shift of
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an m-sequence or a Gold sequence to generate a
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shifted version of that sequence.
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25
Q.
And can you name a specific document that
disclosed using masking as a means for delaying a
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primary or secondary scrambling code to produce
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Q-channel components?
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MR. KOLOVOS:
A.
No.
Objection.
But it would have been obvious that
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if you're going to produce Gold codes, that -- and
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use Gold codes or segments thereof to produce
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Q-channel components, that the Gold code part can
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be produced by using a masking function.
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Q.
All right.
Well, you say it would have
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been obvious.
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use masking as a means for delaying a primary or
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secondary scrambling code to produce Q-channel
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components?
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But my question was, was it known to
MR. KOLOVOS:
Q.
Objection.
And your answer originally was yes, but
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then when I pressed you, you said it was obvious.
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So was it obvious or was it known?
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MR. KOLOVOS:
Objection.
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A.
It was obvious.
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Q.
But not known?
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A.
It was -- one of skill in the art would
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have known how to do it.
Q.
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But was it disclosed anywhere?
MR. KOLOVOS:
A.
Object to the form.
It was -- it's been disclosed that to
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generate a Gold code you can use masking of an --
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one of the m-sequences to produce different Gold
3
codes.
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used for Q-channel components.
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Q.
And the Gold code segments thereof can be
Okay.
And so what document can you name
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for me that disclosed using masking as a means for
7
delaying a primary or secondary scrambling code to
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produce Q-channel components?
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10
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A.
I think the Ogawa reference in combination
with Ericsson's proposal would disclose everything.
Q.
So the Ogawa reference alone would not
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disclose the masking of as a means for delaying a
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primary or secondary scrambling code to produce
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Q-channel components; is that correct?
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A.
I think the Ogawa reference, I'd have to
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review it again to answer that specific question.
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I really haven't opined specifically on that
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particular question with regard to specifically the
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Ogawa reference by itself, but clearly the Ogawa
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reference and the Ericsson reference together would
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disclose that.
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Q.
Okay.
So you have not provided an opinion
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on whether the Ogawa reference discloses masking as
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a means for delaying a primary or secondary
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scrambling code to produce Q-channel components,
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correct?
A.
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Let me review my report just to make sure.
I believe what my report states is that
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the Ogawa reference combined with the Ericsson
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proposal or the 25.213 V2.1.0, would have made
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that -- using masking to delay a scrambling code
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for a Q-channel component obvious.
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9
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Q.
Okay.
But not that Ogawa expressly
disclosed that point, correct?
A.
Ogawa expressly disclosed masking to
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generate various Gold codes for multiple scrambling
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codes.
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Q.
Okay.
And Ogawa was before the patent
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examiner during prosecution of the '867 patent,
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correct?
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A.
Correct.
17
Q.
Okay.
If we look at paragraphs 30 and 31
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of your opening report, you use the term "true
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inventiveness" a couple times.
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MR. KOLOVOS:
What paragraphs?
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MR. MILOWIC:
30 and 31.
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Q.
So what does "true inventiveness" mean?
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A.
It means that it's not obvious to one of
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25
skill in the art at the time.
Q.
So is that all it means to you is that
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