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).

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EXHIBIT P Highly Confidential - Attorneys' Eyes Only Page 1 1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 2 SAN JOSE DIVISION 3 4 - - - - - - - - - - - - - - - - - - - - - - - - - - 5 APPLE INC., Plaintiff/Counterclaim Defendant, 6 7 vs. Case No. 11-cv-01846-LHK 8 9 SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, 10 INC., SAMSUNG TELECOMMUNICATIONS AMERICA, 11 LLC, 12 13 Defendants/Counterclaim Plaintiffs. - - - - - - - - - - - - - - - - - - - - - - - - - - 14 15 VIDEOTAPED DEPOSITION OF ANDRE ZORN 16 17 Tuesday, March 20, 2012 18 AT: 1:41 p.m. 19 20 21 Taken at: 22 The offices of WILMERHALE Bastion Tower 23 Place du Champ de Mars BE 1050 Brussels 24 25 Belgium Job 47756 TSG Reporting - Worldwide 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 12 1 MR. GUNTHER: 2 A. Objection to form. 13:52 13:52 and standardization, the GP 3GPP specification. 3 Yes, I implemented what was written in the specification 13:52 4 BY MR. MACK: 13:52 5 Q. And why did you implement what was written in the 3GPP 13:52 specification? 13:52 6 7 MR. GUNTHER: 8 A. Objection to form. 13:52 13:52 and there are optional features. 9 Because in the 3GPP specifications, there are mandatory 13:52 Mandatory features 10 have to be implemented by each UE, because 13:52 11 it's mandatory feature, and it is necessary to 13:52 12 communicate with the network in a correct way. 13 that's why it's necessary to implement it in the way 13:52 14 like it is described in that technical specification. 13:52 And 13:52 15 BY MR. MACK: 13:53 16 Q. Are you also familiar with the alternative E-bit 13:53 interpretation? 13:53 17 18 A. Yes. 13:53 19 Q. And is that also a mandatory feature in release 6 of the 13:53 3GPP standard? 13:53 20 21 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 23 24 A. Yes, I am. 13:53 25 Q. Which products, specifically, were you responsible for 13:53 TSG Reporting - Worldwide 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 13 1 with regard to the level 2 and level 3 functionality? 13:53 Starting with release 5 protocol stack version, so all 13:53 3 products based on release 5 and above, I was responsible 13:53 4 for the radio link control. 13:53 And which products specifically are release 5 and above 13:53 products that IMC currently sells? 13:53 They are -- release 6 is this X-Gold 616 product, and 13:53 release 5 is 606 X-Gold. 13:54 2 5 A. Q. 6 7 A. 8 9 Q. Six zero six, did you say? 13:54 10 A. Yes, 60. 13:54 11 Q. Oh, six zero -- okay, 606. 12 A. And release 7 is X-Gold 62. 13:54 13 Q. 62X, or is it 66? 13:54 14 A. Yeah, it's 62X, so ... 13:54 15 Q. 62X family? 13:54 16 A. Mm-hmm. 13:54 17 Q. Okay. 13:54 18 So six zero; six zero. And -- Were you responsible with working on the 62X 13:54 family as well? 13:54 19 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 21 22 A. Yes, it is. 13:54 23 Q. So you were also responsible for implementing the 13:54 alternative E-bit interpretation on the 62X family? 13:54 Yes. 13:54 24 25 A. Yes, I am. TSG Reporting - Worldwide 877-702-9580 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Page 1 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 SAN JOSE DIVISION 4 5 6 APPLE INC., a California Corporation, 7 Plaintiff, 8 vs. 9 SAMSUNG ELECTRONICS CO., LTD, No: 10 a Korean business entity; 11 11-CV-1846-LHK SAMSUNG ELECTRONICS AMERICA, 12 INC., a New York corporation; 13 SAMSUNG TELECOMMUNICATIONS 14 AMERICA, LLC, a Delaware 15 limited liability company 16 17 Defendants. ________________________________) 18 DEPOSITION OF WAYNE STARK, Ph.D. 19 Boston, Massachusetts 20 Friday, April 20, 2012 21 22 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY CONTAINS HIGHLY CONFIDENTIAL SOURCE CODE 23 Reported By: 24 Dana Welch, CSR, RPR, CRR, CBC, CCP 25 Job No. 48727 TSG Reporting - Worldwide 877-702-9580 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Page 31 1 segments of the Gold codes are used in the 2 Q-channel components. 3 using Gold codes, and masking is a well known 4 technique to produce Gold codes, would imply that 5 using them for the Q-channel components would also 6 be a well known technique. 7 Q. Okay. So the fact that you're But, again, that was not my 8 question. 9 masking as a means for delaying a primary or a 10 secondary scrambling code to produce Q-channel 11 components? 12 My question was, was it known to use MR. KOLOVOS: Objection. 13 Q. Yes or no? 14 A. Yes. 15 Q. It was known? 16 A. Yes. 17 Q. And what is the basis for your saying so? 18 MR. KOLOVOS: Objection. 19 Q. What document specifically? 20 A. The whole literature about what that 21 masking can be used to delay or provide a shift of 22 an m-sequence or a Gold sequence to generate a 23 shifted version of that sequence. 24 25 Q. And can you name a specific document that disclosed using masking as a means for delaying a TSG Reporting - Worldwide 877-702-9580 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Page 32 1 primary or secondary scrambling code to produce 2 Q-channel components? 3 4 MR. KOLOVOS: A. No. Objection. But it would have been obvious that 5 if you're going to produce Gold codes, that -- and 6 use Gold codes or segments thereof to produce 7 Q-channel components, that the Gold code part can 8 be produced by using a masking function. 9 Q. All right. Well, you say it would have 10 been obvious. 11 use masking as a means for delaying a primary or 12 secondary scrambling code to produce Q-channel 13 components? 14 15 But my question was, was it known to MR. KOLOVOS: Q. Objection. And your answer originally was yes, but 16 then when I pressed you, you said it was obvious. 17 So was it obvious or was it known? 18 MR. KOLOVOS: Objection. 19 A. It was obvious. 20 Q. But not known? 21 A. It was -- one of skill in the art would 22 23 have known how to do it. Q. 24 25 But was it disclosed anywhere? MR. KOLOVOS: A. Object to the form. It was -- it's been disclosed that to TSG Reporting - Worldwide 877-702-9580 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Page 33 1 generate a Gold code you can use masking of an -- 2 one of the m-sequences to produce different Gold 3 codes. 4 used for Q-channel components. 5 Q. And the Gold code segments thereof can be Okay. And so what document can you name 6 for me that disclosed using masking as a means for 7 delaying a primary or secondary scrambling code to 8 produce Q-channel components? 9 10 11 A. I think the Ogawa reference in combination with Ericsson's proposal would disclose everything. Q. So the Ogawa reference alone would not 12 disclose the masking of as a means for delaying a 13 primary or secondary scrambling code to produce 14 Q-channel components; is that correct? 15 A. I think the Ogawa reference, I'd have to 16 review it again to answer that specific question. 17 I really haven't opined specifically on that 18 particular question with regard to specifically the 19 Ogawa reference by itself, but clearly the Ogawa 20 reference and the Ericsson reference together would 21 disclose that. 22 Q. Okay. So you have not provided an opinion 23 on whether the Ogawa reference discloses masking as 24 a means for delaying a primary or secondary 25 scrambling code to produce Q-channel components, TSG Reporting - Worldwide 877-702-9580 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Page 34 1 2 correct? A. 3 Let me review my report just to make sure. I believe what my report states is that 4 the Ogawa reference combined with the Ericsson 5 proposal or the 25.213 V2.1.0, would have made 6 that -- using masking to delay a scrambling code 7 for a Q-channel component obvious. 8 9 10 Q. Okay. But not that Ogawa expressly disclosed that point, correct? A. Ogawa expressly disclosed masking to 11 generate various Gold codes for multiple scrambling 12 codes. 13 Q. Okay. And Ogawa was before the patent 14 examiner during prosecution of the '867 patent, 15 correct? 16 A. Correct. 17 Q. Okay. If we look at paragraphs 30 and 31 18 of your opening report, you use the term "true 19 inventiveness" a couple times. 20 MR. KOLOVOS: What paragraphs? 21 MR. MILOWIC: 30 and 31. 22 Q. So what does "true inventiveness" mean? 23 A. It means that it's not obvious to one of 24 25 skill in the art at the time. Q. So is that all it means to you is that TSG Reporting - Worldwide 877-702-9580

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