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)

EXHIBIT 1

EXHIBIT 3
FILED UNDER SEAL

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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APPLE INC., a California
corporation,

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Plaintiff,
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vs.

CASE NO.

11 cv 01846 LHK

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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.
____________________________/

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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

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VIDEOTAPED DEPOSITION OF CHRISTOPHER STRINGER
REDWOOD SHORES, CALIFORNIA
FRIDAY, NOVEMBER 4, 2011

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BY: ANDREA M. IGNACIO HOWARD, CSR, RPR, CCRR, CLR
CSR LICENSE NO. 9830
TSG JOB NO. 43706
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A

Yes.

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Q

Direct your attention back to the '889 design

patent.

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A

Yes.

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Q

Do you have any knowledge or information as

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to whether or not photographs of that physical mockup

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that you have in front of you, the 035 mockup, were

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submitted to the patent office as part of the

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application and prosecution process for the

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'889 design patent?

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A

In my preparations for today, we looked at

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copies of photographs of this object that I understand

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are attached to this patent.

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Q

And so if I understand you correctly, it's

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your understanding that the photographs that were

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submitted to the patent office as part of the

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'889 design patent depict the three dimensional mockup

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that you have in front of you that we call the 035?

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A

It is my understanding, and my recollection

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of yesterday's discussion, that the photographs that I

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saw related to this model and this patent.

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Q

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Right.
And I guess I'm trying to now figure out

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what

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we're on the same page.

what photographs we're talking about so that
So let me

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let me provide

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some, and maybe that will help.

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What's the next number?

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THE REPORTER:

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MR. ZELLER:

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THE REPORTER:

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MR. ZELLER:

1171.
1171?
Yes.
Please mark as Exhibit 1171

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excerpts from the prosecution history of the

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504,889 design patent.

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(Document marked Exhibit 1171

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for identification.)

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THE WITNESS:

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MR. ZELLER:

Thank you.
So you have both sets in front

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of you at the same time, let's also please mark as

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Exhibit 1172

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before.

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841.

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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.

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MR. ZELLER:

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other set, too.

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Don't worry.

I gave you the

here.

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I'm not trying to be totally unfair

So I'm going to show you what I am fairly

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confident was previously marked as Exhibit 841.

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in the interim confirm that that is the exhibit

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number, but I believe I have it memorized now.
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We'll

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MR. JACOBS:
the record.

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Just put the Bates range into

MR. ZELLER:

Yeah.

And this, for the record,

is APLPROS000018778 through '18798.

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MR. JACOBS:

Mr. Stringer, as you're

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discussing the meeting we had yesterday, if you can

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describe what you did, as opposed to any particular

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communications that you and I had on the subject, that

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would avoid the need for me to instruct you each time

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Mr. Zeller asks you a question.

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THE WITNESS:

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MR. JACOBS:

Sorry.

Say that again, please.

If you can describe what you did

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at the meeting by way of comparison, rather than what

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I

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topic.

what

what your and my discussion was on the

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THE WITNESS:

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MR. JACOBS:

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THE WITNESS:

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MR. JACOBS:

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Yes.
In comparing these
As Mr. Zeller is asking you

questions

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THE WITNESS:

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MR. JACOBS:

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What I did yesterday?

Okay.

Oh.

If you can describe what you did

rather than our discussion

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THE WITNESS:

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MR. JACOBS:

Got it.
then I don't have to engage

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in privilege discussions each time.

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THE WITNESS:

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MR. ZELLER:

Right.
Just generally speaking, avoid

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disclosing the substance of the communications you had

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with your counsel.

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THE WITNESS:

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MR. ZELLER:

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exhibits.

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Got it.
I put in front of you two

Exhibit 841.

One is Exhibit 1171, and another one is

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Q

Are

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A

Oh, 841.

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Q

Yes.

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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

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account of it appearing to be largely blank, with the

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exception of some very poor quality shadowy images.

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So I would prefer to not refer to that in any way or

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form.

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Document 841 for the most part resembles

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photographs that I reviewed yesterday, but there

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appear differences that may be immaterial to the

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questioning.

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Q

Focusing on the photographs that are marked

here as Exhibit 841, is the three dimensional mockup
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that's depicted in the photographs that we marked as

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Exhibit 841, where the

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the same physical mockup that you have in front of you

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that we call the 035 mockup?

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A

where the mockup is shown,

I believe you're asking me, are these

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photographs of the subject?

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these are photographs of the object.

And it is my belief that

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Q

And so the record is clear, when you say

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A

Oh.

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Q

"the photographs," you're referring to the

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photographs that are depicted in 841, and then the

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object that you're pointing to and referring to is

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what we call the 035 model?

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A

Yes.

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MR. JACOBS:

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Mr. Zeller, is this

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is this in the '841 that you

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I'm looking at '18792.

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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.

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MR. JACOBS:

Oh, with these lines on it?

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MR. ZELLER:

Right.

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THE WITNESS:

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MR. JACOBS:

Okay.

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MR. ZELLER:

All right.

I recall those lines yesterday.

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Q

And setting aside the various lines and

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drawings that appear to be on these photographs, you

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understood I was asking you about the object that's

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depicted in the actual photographs; is that correct?

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A

Yes.

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Q

And without disclosing the substance of what

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you discussed with your counsel, did

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satisfy yourself that the 035 mockup is, in fact,

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what's in the

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did you

the photographs that we've marked as

Exhibit 841?
A

I am convinced from studying both the object

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035 and the Document 841 that these are one and the

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same object.

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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.

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the object.

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model Apple Proto 035.

I studied

I believe that these are photographs of

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Q

And that's one of the comparisons that you

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see between the photographs and the three dimensional

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model, the 035 model, that satisfied you that they're

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one and the same?
A

That is one of the details that satisfied me

that it was one and the same.

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Q

Directing your attention to '18790.

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A

Yes.

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Q

You'll see that, at least as shown in this

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image here, there appears to be a somewhat thicker,

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darker line that runs at least part of the perimeter

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of the front of the device that can be seen there on

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the front; do you see that?

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A

There are a number of parallel lines, one of

which is darker and broader than others.

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Q

Well, let me

let me try it with another

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image, and maybe we'll come back to this in a minute.

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If you'd take a look at the next page, which is

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'18791.

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A

Yes.

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Q

And maybe this is a better image to try and

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work from, but you'll see that there is a

a darker

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line that runs in between the lighter colored housing

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and then the so called glass, but is really plastic

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flat surface; do you see that darker line?

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A

Yes.

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(Document marked Exhibit 841A

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for identification.)

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MR. ZELLER:

If we can go back to

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Exhibit 1170.

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those mockups back?

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MR. JACOBS:

That would be great.

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MR. ZELLER:

Okay.

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So let's go off the

record.

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And by the way, did you want to send

THE VIDEOGRAPHER:

The time is 2:42 p.m., and

we are off the record.

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(Recess taken.)

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THE VIDEOGRAPHER:

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The time is 2:55 p.m., and

we are back on the record.

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MR. ZELLER:

Direct your attention to the

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'889 design patent, which was previously marked as

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Exhibit 8.

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MR. JACOBS:

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THE WITNESS:

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MR. ZELLER:

I'll just hand you my copy.
All right.
Q.

Thank you.

Please take a look at

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Figure 1.

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A

Yes.

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Q

You'll see on Figure 1 that at least as part
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of the -- at least along part of the -- generally what

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we'll call the perimeter area of the front, there's a

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darker, thicker line?

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A

Which figure are you looking at?

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Q

This is Figure 1.

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A

Figure 1.

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Q

Do you see where at least on part of the

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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.

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And then on the bottom portion of Figure 1,

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it appears to run -- to be the line that is -- that

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the -- is the edge, at least from that perspective?

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A

It looks like the edge, yes.

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Q

Do you know what that thicker line depicts?

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A

It's -- on the lower edge, it's the -- it

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looks like the edge of the housing.

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Q

Well, what about on the left side?

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A

It's the edge of the housing.

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Q

So on both the left side and the bottom side,

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you construe that darker, thicker line to be where the

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edge of the housing is?

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A

I do construe that.

And it's -- my

assumption is confirmed by looking at Figure 3 that
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