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

Filing 1031

Declaration of Cyndi Wheeler in Support of #978 Administrative Motion to File Under Seal filed byApple Inc.(a California corporation). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Proposed Order)(Related document(s) #978 ) (Bartlett, Jason) (Filed on 6/4/2012)

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EXHIBIT 1 EXHIBIT 3 FILED UNDER SEAL Highly Confidential - Outside Counsel's Eyes Only Page 1 1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 2 3 4 5 APPLE INC., a California corporation, 6 Plaintiff, 7 vs. CASE NO. 11 cv 01846 LHK 8 9 10 11 12 13 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. ____________________________/ 14 15 16 17 H I G H L Y C O N F I D E N T I A L O U T S I D E C O U N S E L O N L Y 18 19 20 21 VIDEOTAPED DEPOSITION OF CHRISTOPHER STRINGER REDWOOD SHORES, CALIFORNIA FRIDAY, NOVEMBER 4, 2011 22 23 24 25 BY: ANDREA M. IGNACIO HOWARD, CSR, RPR, CCRR, CLR CSR LICENSE NO. 9830 TSG JOB NO. 43706 TSG Reporting - Worldwide (877) 702-9580 Highly Confidential - Outside Counsel's Eyes Only Page 94 1 A Yes. TSG Reporting - Worldwide (877) 702-9580 Highly Confidential - Outside Counsel's Eyes Only Page 95 2 3 Q Direct your attention back to the '889 design patent. 4 A Yes. 5 Q Do you have any knowledge or information as 6 to whether or not photographs of that physical mockup 7 that you have in front of you, the 035 mockup, were 8 submitted to the patent office as part of the 9 application and prosecution process for the 10 '889 design patent? 11 A In my preparations for today, we looked at 12 copies of photographs of this object that I understand 13 are attached to this patent. 14 Q And so if I understand you correctly, it's 15 your understanding that the photographs that were 16 submitted to the patent office as part of the 17 '889 design patent depict the three dimensional mockup 18 that you have in front of you that we call the 035? 19 A It is my understanding, and my recollection 20 of yesterday's discussion, that the photographs that I 21 saw related to this model and this patent. 22 Q 23 Right. And I guess I'm trying to now figure out 24 what 25 we're on the same page. what photographs we're talking about so that So let me TSG Reporting - Worldwide (877) 702-9580 let me provide Highly Confidential - Outside Counsel's Eyes Only Page 96 1 some, and maybe that will help. 2 What's the next number? 3 THE REPORTER: 4 MR. ZELLER: 5 THE REPORTER: 6 MR. ZELLER: 1171. 1171? Yes. Please mark as Exhibit 1171 7 excerpts from the prosecution history of the 8 504,889 design patent. 9 (Document marked Exhibit 1171 10 for identification.) 11 THE WITNESS: 12 MR. ZELLER: Thank you. So you have both sets in front 13 of you at the same time, let's also please mark as 14 Exhibit 1172 15 before. 16 841. 17 18 I'm sorry. Actually, we marked this What's this exhibit number? MR. JACOBS: I think it's He has the better photos. He has the better photos. 19 MR. ZELLER: 20 other set, too. 21 Don't worry. I gave you the here. 22 I'm not trying to be totally unfair So I'm going to show you what I am fairly 23 confident was previously marked as Exhibit 841. 24 in the interim confirm that that is the exhibit 25 number, but I believe I have it memorized now. TSG Reporting - Worldwide (877) 702-9580 We'll Highly Confidential - Outside Counsel's Eyes Only Page 97 1 2 MR. JACOBS: the record. 3 4 Just put the Bates range into MR. ZELLER: Yeah. And this, for the record, is APLPROS000018778 through '18798. 5 MR. JACOBS: Mr. Stringer, as you're 6 discussing the meeting we had yesterday, if you can 7 describe what you did, as opposed to any particular 8 communications that you and I had on the subject, that 9 would avoid the need for me to instruct you each time 10 Mr. Zeller asks you a question. 11 THE WITNESS: 12 MR. JACOBS: Sorry. Say that again, please. If you can describe what you did 13 at the meeting by way of comparison, rather than what 14 I 15 topic. what what your and my discussion was on the 16 THE WITNESS: 17 MR. JACOBS: 18 THE WITNESS: 19 MR. JACOBS: 20 Yes. In comparing these As Mr. Zeller is asking you questions 21 THE WITNESS: 22 MR. JACOBS: 23 What I did yesterday? Okay. Oh. If you can describe what you did rather than our discussion 24 THE WITNESS: 25 MR. JACOBS: Got it. then I don't have to engage TSG Reporting - Worldwide (877) 702-9580 Highly Confidential - Outside Counsel's Eyes Only Page 98 1 in privilege discussions each time. 2 THE WITNESS: 3 MR. ZELLER: Right. Just generally speaking, avoid 4 disclosing the substance of the communications you had 5 with your counsel. 6 THE WITNESS: 7 MR. ZELLER: 8 exhibits. 9 Got it. I put in front of you two Exhibit 841. One is Exhibit 1171, and another one is 10 Q Are 11 A Oh, 841. 12 Q Yes. 13 14 15 are either of these photographs Okay. Or do they include photographs that you're referring to? A So document 1171 is of no material value, on 16 account of it appearing to be largely blank, with the 17 exception of some very poor quality shadowy images. 18 So I would prefer to not refer to that in any way or 19 form. 20 Document 841 for the most part resembles 21 photographs that I reviewed yesterday, but there 22 appear differences that may be immaterial to the 23 questioning. 24 25 Q Focusing on the photographs that are marked here as Exhibit 841, is the three dimensional mockup TSG Reporting - Worldwide (877) 702-9580 Highly Confidential - Outside Counsel's Eyes Only Page 99 1 that's depicted in the photographs that we marked as 2 Exhibit 841, where the 3 the same physical mockup that you have in front of you 4 that we call the 035 mockup? 5 A where the mockup is shown, I believe you're asking me, are these 6 photographs of the subject? 7 these are photographs of the object. And it is my belief that 8 Q And so the record is clear, when you say 9 A Oh. 10 Q "the photographs," you're referring to the 11 photographs that are depicted in 841, and then the 12 object that you're pointing to and referring to is 13 what we call the 035 model? 14 A Yes. 15 MR. JACOBS: 16 Mr. Zeller, is this 17 is this in the '841 that you 18 I'm looking at '18792. 19 20 MR. ZELLER: If we could just ask you, these this writing on this, that is in the record? This is exactly how it was produced to us. 21 MR. JACOBS: Oh, with these lines on it? 22 MR. ZELLER: Right. 23 THE WITNESS: 24 MR. JACOBS: Okay. 25 MR. ZELLER: All right. I recall those lines yesterday. TSG Reporting - Worldwide (877) 702-9580 Highly Confidential - Outside Counsel's Eyes Only Page 100 1 Q And setting aside the various lines and 2 drawings that appear to be on these photographs, you 3 understood I was asking you about the object that's 4 depicted in the actual photographs; is that correct? 5 A Yes. 6 Q And without disclosing the substance of what 7 you discussed with your counsel, did 8 satisfy yourself that the 035 mockup is, in fact, 9 what's in the 10 11 did you the photographs that we've marked as Exhibit 841? A I am convinced from studying both the object 12 035 and the Document 841 that these are one and the 13 same object. 14 15 16 Q And that comparison that you did led you to be satisfied that they're one and the same? A Yes. I studied the photographs. 17 the object. 18 model Apple Proto 035. I studied I believe that these are photographs of TSG Reporting - Worldwide (877) 702-9580 Highly Confidential - Outside Counsel's Eyes Only Page 101 7 Q And that's one of the comparisons that you 8 see between the photographs and the three dimensional 9 model, the 035 model, that satisfied you that they're 10 11 12 one and the same? A That is one of the details that satisfied me that it was one and the same. 13 Q Directing your attention to '18790. 14 A Yes. 15 Q You'll see that, at least as shown in this 16 image here, there appears to be a somewhat thicker, 17 darker line that runs at least part of the perimeter 18 of the front of the device that can be seen there on 19 the front; do you see that? 20 21 A There are a number of parallel lines, one of which is darker and broader than others. TSG Reporting - Worldwide (877) 702-9580 Highly Confidential - Outside Counsel's Eyes Only Page 102 3 Q Well, let me let me try it with another 4 image, and maybe we'll come back to this in a minute. 5 If you'd take a look at the next page, which is 6 '18791. 7 A Yes. 8 Q And maybe this is a better image to try and 9 work from, but you'll see that there is a a darker 10 line that runs in between the lighter colored housing 11 and then the so called glass, but is really plastic 12 flat surface; do you see that darker line? 13 A Yes. TSG Reporting - Worldwide (877) 702-9580 Highly Confidential - Outside Counsel's Eyes Only Page 103 TSG Reporting - Worldwide (877) 702-9580 Highly Confidential - Outside Counsel's Eyes Only Page 104 4 (Document marked Exhibit 841A 5 for identification.) 6 MR. ZELLER: If we can go back to 7 Exhibit 1170. 8 those mockups back? 9 MR. JACOBS: That would be great. 10 MR. ZELLER: Okay. 11 So let's go off the record. 12 13 And by the way, did you want to send THE VIDEOGRAPHER: The time is 2:42 p.m., and we are off the record. 14 (Recess taken.) 15 THE VIDEOGRAPHER: 16 The time is 2:55 p.m., and we are back on the record. 17 MR. ZELLER: Direct your attention to the 18 '889 design patent, which was previously marked as 19 Exhibit 8. 20 MR. JACOBS: 21 THE WITNESS: 22 MR. ZELLER: I'll just hand you my copy. All right. Q. Thank you. Please take a look at 23 Figure 1. 24 A Yes. 25 Q You'll see on Figure 1 that at least as part TSG Reporting - Worldwide (877) 702-9580 Highly Confidential - Outside Counsel's Eyes Only Page 105 1 of the -- at least along part of the -- generally what 2 we'll call the perimeter area of the front, there's a 3 darker, thicker line? 4 A Which figure are you looking at? 5 Q This is Figure 1. 6 A Figure 1. 7 Q Do you see where at least on part of the 8 9 10 11 perimeter, there is a line that is darker and thicker? A Which would be the second line from the left on the left side of the figure. Q Right, on the left side. 12 And then on the bottom portion of Figure 1, 13 it appears to run -- to be the line that is -- that 14 the -- is the edge, at least from that perspective? 15 A It looks like the edge, yes. 16 Q Do you know what that thicker line depicts? 17 A It's -- on the lower edge, it's the -- it 18 looks like the edge of the housing. 19 Q Well, what about on the left side? 20 A It's the edge of the housing. 21 Q So on both the left side and the bottom side, 22 you construe that darker, thicker line to be where the 23 edge of the housing is? 24 25 A I do construe that. And it's -- my assumption is confirmed by looking at Figure 3 that TSG Reporting - Worldwide (877) 702-9580

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