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

Filing 1041

Administrative Motion to File Under Seal Apple Inc.'s Opposition to Samsung's Motion to Enforce April 12, 2012 Order filed by Apple Inc.. (Attachments: #1 Declaration of Erica Tierney in Support of Admin. Motion to Seal, #2 Proposed Order Granting Motion to Seal, #3 Apple's Opposition to Samsung's Motion to Enforce April 12, 2012 Order, #4 Proposed Order Denying Samsung's Motion, #5 Declaration of Mia Mazza in Support of Apple's Opposition, #6 Exhibit 1, #7 Exhibit 2, #8 Exhibit 3, #9 Exhibit 4, #10 Exhibit 5, #11 Exhibit 6, #12 Exhibit 7)(Jacobs, Michael) (Filed on 6/5/2012) Modified on 6/6/2012 pursuant to General Order No. 62, attachment #1 sealed (dhm, COURT STAFF).

DECLARATION OF MIA MAZZA IN SUPPORT
OF APPLE’S OPPOSITIONS TO SAMSUNG’S
MOTION FOR SANCTIONS AND MOTION TO
ENFORCE

EXHIBIT 7
PUBLIC REDACTED VERSION

Highly Confidential - Attorneys' Eyes Only

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

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APPLE, INC., a California
corporation,

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Plaintiff,
vs.

CASE NO.
11-cv-01846-LHK

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SAMSUNG ELECTRONICS CO., LTD,
a Korean business entity;

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SAMSUNG ELECTRONICS AMERICA,
inc., A New York corporation;

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SAMSUNG TELECOMMUNICATIONS
AMERICA, LLC, a Delaware

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limited liability company,

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Defendants.
__________________________________/

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HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
VIDEOTAPED DEPOSITION OF EMILIE KIM

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March

7, 2012

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Job No. 47152

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Reported by:

LAURA AXELSEN, CSR NO. 6173
RMR, CRP, CLR

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BE IT REMEMBERED THAT, pursuant to Notice and on

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Wednesday, March 7,

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Dolphin Drive, Redwood Shores, California, before me,

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LAURA AXELSEN, a Certified Shorthand Reporter, personally

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appeared

2012 at 9:15 a.m. thereof at 555 Twin

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EMILIE KIM,
called as a witness by the Defendants.

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---oOo---

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APPEARANCES

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FOR THE PLAINTIFF:

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WILMERHALE

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BY:

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DEREK S. LAM, ESQ.

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399 Park Avenue

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New York, New York

VICTOR F. SOUTO, ESQ.

10022

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There being also present Erica Tierney, Apple
in-house counsel, and Tim Zuroff, video operator.

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---oOo---

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INDEX

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PAGE
EXAMINATION BY MR. STRETCH

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---oOo---

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INDEX OF EXHIBITS

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EXHIBIT

DESCRIPTION

PAGE

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Exhibit 1

Samsung's Amended first 30(b)(6)

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Deposition Notice to Apple Inc.

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7

(Technical Patent Topics)

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Exhibit 2

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E-mail dated February 23, 2012 to Diane
Hutnyan from Kolovos, Peter

Exhibit 3

Notice of deposition of Emilie Kim

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---oOo---

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VIDEO OPERATOR:

This is the start of disc No. 1

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of the videotaped deposition of Emilie Kim in the matter

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of Apple Incorporated versus Samsung Electronics Company

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in the U.S. District Court Northern District of

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California, San Jose division, No. 11 CV 01846 LHK.

09:13

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09:15

This deposition is being held at Quinn Emanuel,

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555 Twin Dolphin Drive, Redwood Shores, California on

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March 7th, 2012 at approximately 9:15 a.m.

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My name is Tim Zuroff.

I'm the legal video

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specialist from TSG Reporting, headquartered at 747 Third

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Avenue, New York, New York.

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Axelsen in association with TSG reporting.

09:15

The court reporter is Laura

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Will counsel please introduce yourself.

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MR. STRETCH:

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Chris Stretch from Quinn Emanuel

Urquhart & Sullivan on behalf of Samsung.

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MR. SOUTO:

09:15

Vic Souto, WilmerHale, on behalf of

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the witness and Apple, and with me is my colleague, Derek

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Lam, also of WilmerHale, and Erica Tierney from Apple.

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VIDEO OPERATOR:
swear in the witness.

09:16

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EMILIE KIM
having been duly sworn, testified as follows:

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EXAMINATION BY MR. STRETCH

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Will the court reporter please

MR. STRETCH:
A.

Q.

Good morning, Ms. Kim.

Good morning.

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Q.

Is it Ms. Kim or Mrs. --

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A.

Ms. is fine.

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Q.

Ms.

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before?

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A.

No.

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Q.

Okay.

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Okay.

09:16

Uhm, have you ever been deposed

09:16
Well welcome to the fray.

Uhm, could you

state and spell your name for the record, please?

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A.

Emilie Kim, E-m-i-l-i-e, last name Kim, K-i-m.

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Q.

Okay.

Let me just -- as I'm sure your attorney

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has gone over with you about generally what to expect

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here, but you understand you've just taken an oath to tell

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the truth, and it's the same oath as if you were

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testifying in court.

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A.
Q.

Okay.

Do you understand that?

Yes.

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09:16

Uhm, so as you can see, your testimony --

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my questions and your testimony are being recorded both

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stenographically and by video.

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the stenographer to get a verbal response to the question.

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So then shaking your head or nodding is hard for her to

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pick up.

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09:17

questions, I appreciate it.

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Uhm, it's important for

So if you could verbally respond to my

09:17

For the same reason, it's important that we

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don't talk over each other.

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but I will try and wait until you have finished and

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answered my question before I ask you a follow-up

It tends to happen, uhm, uhm,

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question.

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question, give your counsel a chance to object, and then

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answer, things will go smoother.

If you could wait until I'm finished my

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A.

Okay.

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Q.

Okay.

09:17

If I ask you a question that you don't

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understand, or is not clear to you, just let me know, and

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I'll try and rephrase it.

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know, it's quite likely to happen.

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09:18

and I'll see if I can form a question that you do

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I'm not an engineer.

So you

But just let me know,

understand.

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09:18

As I said, your counsel may object at certain

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times, but unless he instructs you not to answer a

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question, you can still go ahead and answer.

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understand that?

Do you

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A.

Yes.

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Q.

Okay.

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let me know.

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not take a break while a question is pending, but if you

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need to talk to your counsel about whether you can

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disclose something, that's fine.

09:18
Any time you want to take a break, just

I'd prefer we do so, uhm, while -- that we

09:18

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A.

Okay.

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Q.

Any reason you can't give honest complete

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truthful testimony here this morning?

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A.

No.

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Q.

Okay.

I'm going to mark the first two exhibits.

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Actually, I think what we'll do is mark the first three

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exhibits.

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deposition notice to Apple, Inc. will be Exhibit 1.

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the court reporter will mark the exhibit that's the copy

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you should look at because that will be the official

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record of the deposition.

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it and you can look at it.

09:19

The first is Samsung's amended first 30(b)(6)

Okay?

And

09:19

So wait until she marks

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(EXHIBIT 1 WAS MARKED FOR IDENTIFICATION.)

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MR. STRETCH:

Q.

I'm going to mark as

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deposition Exhibit 2, an e-mail from Peter Kolovos.

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saying that right?

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MR. SOUTO:

Am I

09:20

Kolovos, but that's New Jersey

talking.

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MR. STRETCH:

Q.

To Diane Hutnyan designating

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Ms. Kim to testify on certain topics related to the rule

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30(b)(6) notice that we just marked Exhibit 1.

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will be Exhibit 2.

09:20

So that

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(EXHIBIT 2 WAS MARKED FOR IDENTIFICATION.)

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MR. STRETCH:

Q.

And finally, I'm going to

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mark a Notice of Deposition of Emilie Kim, which we served

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yesterday is my understanding, and that will be Exhibit

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No. 3.

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(EXHIBIT 3 WAS MARKED FOR IDENTIFICATION.)

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THE WITNESS:

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MR. STRETCH:

09:20

Excuse me.
Q.

Excuse me.

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ask you to look at Exhibit 1, which is the thick document,

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I think, and you can take as much time as you like to look

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through it, but I just want to make sure that we're all on

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the same page as to the topics on which you're designated

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to testify today.

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Have you had a chance to look at that?

Those appear on page 14 of the notice.

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A.
Q.

Okay.

09:22

I looked through the document.

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09:21

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If you will turn to page 14 of the

document and compare that with what I marked, I think, as

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deposition Exhibit 2, which is an e-mail designating you

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to testify on certain topics.

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you've been designated by Apple to testify on behalf of

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Apple with respect to topics 30, 31, 33, 34, and 36?

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MR. SOUTO:

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THE WITNESS:
MR. STRETCH:

Q.

Uhm, do you understand that

Yes.

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09:24

Subject to Apple's objections.
09:25
Okay.

Now, uhm, so that

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we're all on the same page here, each of these topics asks

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about Apple accused products.

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page 6 of this document, and it's paragraph 28, and by

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this document, I mean Exhibit 1.

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paragraph 28 provides a definition of Apple accused

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products.

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paragraph it identifies a number of Apple products.

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you prepared to testify with respect to the topics we've

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identified about each of these products that are

Uhm, if you could turn to

You'll see that

09:25

And you'll see down at the very bottom of that

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THE WITNESS:

I'm not sure what you mean by that

11:57

question.

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MR. STRETCH:

Q.

Well, in FaceTime, you are

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talking to somebody over the Internet who you can also

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see, correct?

11:57

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A.

FaceTime allows you to see another person, yes.

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Q.

Okay.

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And the call is transmitted over the

Internet?

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A.

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Q.

I do not know how the call is transmitted.

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MR. SOUTO:

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THE WITNESS:

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MR. STRETCH:

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I do not know.
Q.

Okay.

I have no more

11:59

questions.

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Objection to form.

MR. SOUTO:

Just a second.

Yep, we have

nothing.

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VIDEO OPERATOR:

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2 and concludes today's deposition.

This marks the end of disc No.

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held by TSG reporting.

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It is 12:00 p.m.

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We are now going off the record.

(The deposition was concluded at 12:00 p.m.)

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____________________
EMILIE KIM

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