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

Filing 1020

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 Jason R. Bartlett In Support Of Apples Opposition To Samsungs Motion For Summary Judgment, #3 Bartlett Decl. Ex. 8, #4 Bartlett Decl. Ex. 9, #5 Bartlett Decl. Ex. 10, #6 Bartlett Decl. Ex. 11, #7 Bartlett Decl. Ex. 17, #8 Bartlett Decl. Ex. 18, #9 Bartlett Decl. Ex. 19, #10 Bartlett Decl. Ex. 23, #11 Bartlett Decl. Ex. 26, #12 Bartlett Decl. Ex. 30, #13 Bartlett Decl. Ex. 31, #14 Bartlett Decl. Ex. 32, #15 Bartlett Decl. Ex. 53, #16 Bartlett Decl. Ex. 54, #17 Bartlett Decl. Ex. 55, #18 Bartlett Decl. Ex. 57, #19 Bartlett Decl. Ex. 58, #20 Bartlett Decl. Ex. 59, #21 Bartlett Decl. Ex. 60, #22 Bartlett Decl. Ex. 61, #23 Bartlett Decl. Ex. 62, #24 Bartlett Decl. Ex. 64, #25 Bartlett Decl. Ex. 67, #26 Bartlett Decl. Ex. 80)(Jacobs, Michael) (Filed on 6/1/2012)

Exhibit 17

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Robert Anders, IDSA

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UNITED STATES INTERNATIONAL TRADE COMMISSION

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Washington, D.C.

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In the Matter of

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CERTAIN ELECTRONIC DIGITAL

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MEDIA DEVICES AND COMPONENTS )

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THEREOF

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____________________________

No. 337-TA-796

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VIDEOTAPE DEPOSITION OF

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ROBERT ANDERS, IDSA

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Washington, D.C.

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Tuesday, April 24, 2012

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Reported by:

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SUSAN ASHE, RMR/CRR

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Job No.:

48828
TSG Reporting - Worldwide

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Robert Anders, IDSA
Tuesday, April 24, 2012
9:10 a.m.

Videotaped deposition of ROBERT ANDERS,
IDSA, taken on behalf of Complainants, at MORRISON &
FOERSTER LLP, 2000 Pennsylvania Avenue, Northwest,
Washington, D.C., beginning at 9:10 a.m., on
Tuesday, April 24, 2012, before Susan Ashe, RMR/CRR.

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Robert Anders, IDSA
APPEARANCE OF COUNSEL:
FOR COMPLAINANT APPLE INC.:
MORRISON & FOERSTER LLP
BY: JENNIFER LEE TAYLOR, ESQ.
425 Market Street
San Francisco, California 94105

FOR RESPONDENTS SAMSUNG ELECTRONICS, INC.:
QUINN EMANUEL URQUHART & SULLIVAN, LLP
BY: ALBERT P. BEDECARRE, ESQ.
50 California Street, 22nd Floor
San Francisco, California 94111

ALSO PRESENT:
Reginal Lucas, Esq., US-ITC
Jordan Mummert, Videographer

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Robert Anders, IDSA
WASHINGTON, D.C.;
TUESDAY, APRIL 24, 2012, 9:10 A.M.
--o0o-VIDEOGRAPHER: This is the start of the
tape labeled No. 1 of the videotaped deposition of
Robert Anders in the matter Certain Electronic
Digital Media Devices, Case No. 337-TA-796.
This deposition is taking place at
2000 Pennsylvania Avenue, Washington, D.C., on
April 24, 2012 at approximately 9:10 a.m.
My name is Jordan Mummert from TSG
Reporting, Inc. I'm the video specialist.
The court reporter is Susan Ashe in
association with TSG Reporting.
Will the counsel please introduce
yourselves.
MS. TAYLOR: Jennifer Taylor representing
Apple.
MR. BEDECARRE: Al Bedecarre of Quinn
Emanuel representing Samsung.
MR. LUCAS: Reginald Lucas, United States
International Trade Commission.
VIDEOGRAPHER: The court reporter may
swear the witness.

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TSG Reporting - Worldwide

Robert Anders, IDSA
Whereupon,
ROBERT ANDERS,
the Witness, called for examination by the
Complainants, having been first duly sworn according
to law, was examined and testified as follows:
EXAMINATION BY COUNSEL FOR COMPLAINANTS
BY MS. TAYLOR:
Q Good morning.
A Good morning.
Q Could you state your name for the record,
please.
A Robert Anders.
Q A-n-d-e-r-s?
A Yes.
Q And are you an industrial designer?
A Yes, I am.
Q Can you tell me some of the types of items
that you've designed.
A I've designed lots of the official United
States exhibitions at trade and cultural affairs in
different foreign countries.
I have designed three major pavilions at
world's fairs.
I've designed a line of camera bags and

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Robert Anders, IDSA
Q Is this the clear rectangle side?
A I believe so.
Q So, can you label it -A I believe the whole thing is a clear
rectangle.
Q Can you label it: Clear Rectangle Side.
(Witness complies.)
Q And this is the side of the rectangle -the inner rectangle?
A Yeah.
Q Could you label that side of inner
rectangle.
(Witness complies.)
Q Thank you.
And that was Exhibit C, Roman numeral 2.9,
to your expert report?
A Yes.
Q Which also happens to be Exhibit 21 to the
deposition.
Could you take a look at Exhibit C, Roman
numeral 3.1.
A C, 3.1?
Q Yes.
So, if you look at C11 on your expert

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Robert Anders, IDSA
report, you have a paragraph talking about Figure 1
of the patent and a figure of the JP '221 patent.
Do you see that?
A Yes.
Q Can you take -- can you review it if you
need to refresh your recollection.
A Sure.
(Witness perusing.)
A Yes.
Q It says: In this view, the JP '221 design
patent has a clear rectangular front surface with
rounded corners.
Do you see that?
A Yes.
Q Show me on Exhibit C, Roman numeral 3.1,
where that clear rectangular front surface with
rounded corners is.
A Yes.
MR. BEDECARRE: I'm just going to note
that that's almost going to be impossible to see,
especially when it's photocopied.
I don't know if you could go around the
outside of the -MS. TAYLOR: I was proposing that we

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Robert Anders, IDSA
describe it and decide if we want to draw further.
Maybe -- do you believe -- do you believe
it goes to the edge?
A Yes.
Q Okay.
So, perhaps, because this might be easier
to photocopy, if you could draw at an angle on the
corners kind of where you see that it ends in the
nonblack part of the page.
(Witness complies.)
Q So, is it your understanding that
everything between those four corners that you just
marked is a clear surface?
A Yes.
Q Could you label the bottom image on
Exhibit C, Roman numeral 3.1, as JP '221.
(Witness complies.)
A And this is -MR. BEDECARRE: '678.
Q '678.
Thank you for labeling that as well.
How can you tell that the JP '221 has an
entirely clear front surface?
A It's what it looks like to me.

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Robert Anders, IDSA
Q Is there anything in the drawing that
indicates to you that it's clear?
A It's just what it looks like. It looks
like it's clear with an opaque frame, but it looks
like it's all one continuous surface.
There's no edge indicating that this is
recessed and that it's a clear plane below this
surface.
So, that's why it appears to me to be one
continuous surface.
Do we have the Japanese patent with the
English translation?
Q We do.
(Whereupon, Anders Deposition Exhibit
No. 23 was marked for identification.)
MR. BEDECARRE: Sorry. What number,
Exhibit 23?
MS. TAYLOR: 23.
A Well, it certainly doesn't say anything in
words.
(Witness perusing.)
MR. BEDECARRE: I think the pictures in
your exhibits are clearer than the pictures in this
photocopy.

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Robert Anders, IDSA
A 390 is what I bill.
Q So, approximately doing the math -A About 150,000.
Q You've incurred about 150,000 in fees?
MR. BEDECARRE: Hold on. I just want to
be clear because it's vague and ambiguous as to this
case because I don't think Mr. Anders has
distinguished between two cases.
Q I will make that point in a moment.
The math is about 150 incurred in fees so
far?
A For both cases.
Q That was going to be my next question.
So on both cases you've incurred
approximately 150,000 in fees?
A Yes. I haven't kept a separate track of
my time of the ITC case and the Northern District of
California case.
It's just I'm working constantly on both
and it would be impossible for me to try to divide
it.
Q I appreciate your time today.
Mr. Lucas, did you have any questions?
MR. LUCAS: I do not.

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Robert Anders, IDSA
MS. TAYLOR: Thank you.
Thank you.
A Thank you.
VIDEOGRAPHER: The time is 7:48. We're
off the record.
(Ending time: 7:48 p.m.)

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1
Robert Anders, IDSA
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DECLARATION
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I hereby declare under penalty of perjury
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that the foregoing is my deposition under oath; that
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these are the questions asked of me and my answers
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thereto; and that I have read my deposition and have
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made the corrections, additions, or changes to my
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answers that I deem necessary.
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In witness whereof, I hereby subscribe my
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name this
day of
, 2012.
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___________________________________
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ROBERT ANDERS
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Robert Anders, IDSA
CERTIFICATE
I, SUSAN ASHE, a Registered Merit
Reporter and Notary Public, hereby certify that the
foregoing is a true and accurate transcript of the
deposition of said witness, who was first duly sworn
by me on the date and place hereinbefore set forth.
I FURTHER CERTIFY that I am neither
attorney nor counsel, nor related to or employed by
any of the parties to the action in which this
deposition was taken, and further that I am not a
relative or employee of any attorney or counsel
employed in this action, nor am I financially
interested in this case.
Dated this 24th day of
April, 2012.

______________________________
Susan Ashe, Notary Public
of the District of Columbia
My commission expires: May 31, 2012.

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Robert Anders, IDSA
INDEX
TUESDAY, APRIL 24, 2012
WITNESS
ROBERT ANDERS, IDSA
PAGE
EXAMINATION BY MS. TAYLOR - - - - - - - - - - - 5
EXHIBITS
NO.
DESCRIPTION
PAGE
Exhibit 1 Expert Report of
John Anders, IDSA
20
Exhibit 2 Japanese Patent No. 1,250,487
48
Exhibit 3 D '678 Patent
56
Exhibit 4 Original iPhone
63
Exhibit 5 iPhone 3G
63
Exhibit 6 iPhone 3GS
65
Exhibit 7 iPhone 4
76
Exhibit 8 D '757 Patent
79
Exhibit 9 Blank Sheet of Paper
99
Exhibit 10 D '757 Patent
115
Exhibit 11 D '678 Patent
133
Exhibit 12 Expert Report of
Robert John Anders
138
Exhibi 13 Galaxy Player 4.0
226

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Robert Anders, IDSA
E X H I B I T S (Continued)
NO.
DESCRIPTION
PAGE
Exhibit 14 Galaxy S4G
243
Exhibit 15 Samsung Fascinate
245
Exhibit 16 Samsung Mesmerize
246
Exhibit 17 Samsung Showcase
247
Exhibit 18 Samsung Transform
248
Exhibit 19 Galaxy Player 5.0
251
Exhibit 20 Japanese Patent Translated
264
Exhibit 21 Exhibit C II.9
277
Exhibit 22 Japanese Patent
276
Exhibit 23 Japanese Patent
289
Exhibit 24 Samsung Galaxy S2
306
Exhibit 25 Samsung Galaxy S2 Sky Rocket
311
(Exhibits 4, 5, 6, 7, 13, 14, 15, 16, 17, 18, 19,
and 24 were retained by counsel.)

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Robert Anders, IDSA
NAME OF CASE: Certain Electronic Digital
Media Devices (Case #: 337-TA-796)
DATE OF DEPOSITION: 04/24/2012
NAME OF WITNESS: Robert Anders, IDSA
REASON CODES:
1. To clarify the record.
2. To confirm the facts.
3. To correct transcription errors.
Page _____ Line _____ Reason _____
From ____________________ to _______________________
Page _____ Line _____ Reason _____
From ____________________ to _______________________
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From ____________________ to _______________________
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From ____________________ to _______________________
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