Apple Inc. v. Samsung Electronics Co. Ltd. et al

Filing 1013

Administrative Motion to File Under Seal Documents Under Seal Re Apples Opposition To Samsungs Motion For Summary Judgment filed by Apple Inc.. (Attachments: #1 Proposed Order, #2 Declaration Of Karl Kramer In Support Of Apples Opposition To Samsungs Motion For Summary Judgment, #3 Exhibit Kramer Decl. Ex. 1, #4 Exhibit Kramer Decl. Ex. 2, #5 Exhibit Kramer Decl. Ex. 3, #6 Exhibit Kramer Decl. Ex. 4, #7 Exhibit Kramer Decl. Ex. 5, #8 Exhibit Kramer Decl. Ex. 6, #9 Exhibit Kramer Decl. Ex. 7, #10 Exhibit Kramer Decl. Ex. 8, #11 Exhibit Kramer Decl. Ex. 9, #12 Exhibit Kramer Decl. Ex. 10, #13 Exhibit Kramer Decl. Ex. 11, #14 Declaration Of Michel Maharbiz, Ph.D. In Support Of Apples Opposition To Samsungs Motion For Summary Judgment, #15 Exhibit Maharbiz Decl. Ex. A, #16 Exhibit Maharbiz Decl. Ex. B, #17 Exhibit Maharbiz Decl. Ex. E, #18 Exhibit Maharbiz Decl. Ex. F)(Jacobs, Michael) (Filed on 6/1/2012)

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Exhibit 11 Highly Confidential - Attorneys' Eyes Only Page 1 1 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION 3 4 5 6 7 8 9 10 11 APPLE INC., a California corporation, Plaintiff, ) ) ) ) vs. ) Case No. 11-cv-01846-LHK ) SAMSUNG ELECTRONICS CO., ) LTD., a Korean business ) entity; SAMSUNG ELECTRONICS ) AMERICA, INC., a New York ) corporation; SAMSUNG ) TELECOMMUNICATIONS AMERICA, ) LLC, a Delaware limited ) liability company, ) Defendants. ) ____________________________) 12 13 14 15 H I G H L Y C O N F I D E N T I A L A T T O R N E Y S' E Y E S O N L Y 16 17 18 19 VIDEOTAPED DEPOSITION OF STEPHEN GRAY Palo Alto, California Friday, May, 4, 2012 20 21 22 23 24 BY: HEIDI BELTON, CSR, RPR, CRR, CCRR CSR LICENSE NO. 12885 JOB NO. 49273 25 TSG Reporting - Worldwide 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 52 1 A. Okay. 2 Q. What errors have you identified in reviewing 3 4 10:29:20 your invalidity report? A. There is one error having to do with the -- 5 with the date of a prior art reference. 6 remember -- I'm not recollecting the date, but it was -- 7 it was incorrectly identified as January 20 -- let me 8 see if I can find it. 9 I can't 10:29:35 So on paragraph 305, page 86 of my invalidity 10 report, Exhibit 1, the date -- a date -- it says, "On 11 January 20, 2011, the examiner issued a notice of 12 allowability." 13 back to the file. 14 this is with regard to the '163. And the date's wrong. 15 I'm not sure what that date is. I'd have to go back to 16 the -- excuse me. 17 history to determine what that date should have been. 18 But the first date, the January 20th, 2011 date, is 19 incorrect. 20 21 22 Q. That date's incorrect. 10:30:54 I have to go Oh, this is with regard to -- oh, 10:31:31 I'd have to go back to the file Are you aware, as you sit here today, of any 10:31:46 other errors in your invalidity report? A. Yes. There's another error in the 23 indefiniteness section pertaining to the '915 patent, 24 paragraph 266 on page 75. 25 paragraph 266 doesn't make sense. There's a sentence -- the Something -- TSG Reporting - Worldwide 877-702-9580 10:32:29 Highly Confidential - Attorneys' Eyes Only Page 53 1 something happened in the drafting or something. 2 doesn't -- it doesn't make sense. 3 But it 10:32:37 The first sentence reads -- well, let's start 4 with the second sentence. 5 "Each of the independent claims recites 'the event 6 object invokes a...operation.' 7 systems experience, I have never observed a system where 8 an event object invoked a method." 9 That's not true. The second sentence says, 10:32:48 In my 35 years of That's the inaccuracy. 10 goes on to say that -- it goes on to make some claim 11 It about it. 12 10:33:10 Then there is a reference to a Platzer 13 deposition that -- the sentence leading into that says, 14 "Additionally, one of the inventors of the '915 patent, 15 Mr. Platzer, agreed with me at his deposition." 16 there's a quote. And it doesn't follow the rest of the 17 paragraph in 266. I saw this over the last couple of 18 days when I was rereading my report. 19 inaccurate. And 10:33:30 And it -- it is 20 Q. What should it say? 21 A. Well, I don't -- I'm not sure -- I don't 10:33:49 22 have -- I'm not sure exactly what it -- but what I think 23 it should have said is that -- something to the effect 24 that "In my 35 years of experience, I've never observed 25 a system where an event object invoked a method that TSG Reporting - Worldwide 877-702-9580 10:34:05 Highly Confidential - Attorneys' Eyes Only Page 54 1 performed scrolling or zooming operations" would be an 2 accurate statement. 3 just not accurate. 4 correct. 5 if asked by the attorneys for Samsung, I'll update it. 6 7 8 9 Q. 10:34:12 But the way it's phrased there is And factually I don't think it's So 266 I think is -- needs some revision. And 10:34:31 Are there any other errors in your invalidity report that you're aware of today? A. Those two errors I discovered over the last couple of days in reviewing the report; and those are 10 the two that I know about now. 11 those are the two that I've come across now. 12 13 Q. All right. There may be others, but 10:34:50 Let's turn to your non-infringement rebuttal report, Deposition Exhibit 2. 14 As you sit here today, does that report 15 accurately express all of the opinions on 16 non-infringement that you may offer at trial, given what 17 you know today? 18 A. 10:35:10 Given what I know today, sitting here, I 19 believe that Exhibit 2, my rebuttal report regarding 20 non-infringement, contains the opinions of -- that I'm 21 aware of today. 22 10:35:40 Again, as facts emerge and other information 23 comes to light, I do want to make sure I reserve the 24 right to modify it should something occur that 25 changes -- materially changes my opinion about TSG Reporting - Worldwide 877-702-9580 10:36:02

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