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

Filing 1043

Declaration of Nathan Sabri in Support of #1042 Opposition/Response to Motion, #1041 Administrative Motion to File Under Seal Apple Inc.'s Opposition to Samsung's Motion to Enforce April 12, 2012 Order filed byApple Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27)(Related document(s) #1042 , #1041 ) (Jacobs, Michael) (Filed on 6/5/2012)

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DECLARATION OF NATHAN SABRI IN SUPPORT OF APPLE’S OPPOSITIONS TO SAMSUNG’S MOTION FOR SANCTIONS AND MOTION TO ENFORCE EXHIBIT 22 Highly Confidential - Attorneys' Eyes Only Page 1 1 2 3 4 5 6 7 8 9 10 11 12 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION APPLE INC., a California ) corporation, ) ) Plaintiff, ) ) vs. ) 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. ) ________________________________) 13 14 **HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY** 15 16 17 18 DEPOSITION OF RICHARD DINH Redwood City, California Thursday, February 16, 2012 19 20 21 22 23 24 25 Reported By: LINDA VACCAREZZA, RPR, CLR, CRP, CSR. NO. 10201 JOB NO. 46594 TSG Reporting - Worldwide 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 2 1 2 3 4 February 16, 2012 5 9:20 a.m. 6 7 8 9 Videotaped deposition of RICHARD DINH, held at held at Quinn Emanuel 10 Urquhart & Sullivan LLP, 555 Twin 11 Dolphin Drive, Suite 500, Redwood 12 Shores, California, pursuant to 13 Subpoena before Linda Vaccarezza, a 14 Certified Shorthand Reporter of the 15 State of California. 16 17 18 19 20 21 22 23 24 25 TSG Reporting - Worldwide 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 3 1 A P P E A R A N C E S: 2 QUINN EMANUEL URQUHART & SULLIVAN 3 Attorneys for Defendants 4 555 Twin Dolphin Drive 5 San Francisco, California 94065 6 BY: 7 MICHAEL T. ZELLER, ESQ. SCOTT HALL, ESQ. 8 9 10 11 MORRISON & FOERSTER 12 Attorneys for Plaintiff 13 425 Market Street 14 San Francisco, California 94105 15 BY: MARK W. DANIS, ESQ. 16 17 18 19 20 21 VIDEOGRAPHER: Frank Quiarte 22 23 24 25 TSG Reporting - Worldwide 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 4 1 THE VIDEOGRAPHER: Good morning, ladies 2 and gentlemen. 3 labeled 1 in the videotaped deposition of 4 Richard Dinh in the matter of Apple, Inc. 5 versus Samsung Electronics, LTD, et al. 6 in the US District Court, Northern District of 7 California, San Jose Division. 8 11-CV-01846-LHK. 9 This is the start of disk It's 09:14 Case number This deposition is being held at 10 555 Twin Dolphin Drive in Redwood Shores, 11 California in the offices of Quinn Emanuel on 12 February 16th, 2012 at approximately 9:14 a.m. 13 My name is Frank Quiarte. 09:15 I'm a 14 legal video specialist from TSG Reporting, 15 Inc. headquartered at 747 Third Avenue, New 16 York, New York. 17 Linda Vaccarezza, in association with TSG 18 Reporting. 19 20 09:15 Our court reporter today is Will counsel and all present please identify yourself for the record. 21 MR. ZELLER: 22 MR. HALL: Scott Hall for Samsung. 23 MR. DANIS: 09:15 Mark Danis, Morrison 24 25 Mike Zeller, for Samsung. Foerster, for Apple. THE VIDEOGRAPHER: Madam Court TSG Reporting - Worldwide 877-702-9580 09:15 Highly Confidential - Attorneys' Eyes Only Page 5 1 Reporter, will you please swear in the 2 witness. 3 4 R I C H A R D D I N H 5 called as a witness, having been duly sworn by 6 the Certified Shorthand Reporter, was examined 7 and testified as follows: 8 EXAMINATION BY: 9 09:15 BY MR. ZELLER: 10 Q. Good morning. 11 A. Good morning. 12 Q. If you could please tell us your full 13 09:15 name, for the record. 14 A. Richard Hung Minh Dinh. 15 Q. Have you ever gone by any other name? 16 A. I sometimes go by Rich Dinh, but that's 17 09:15 a nickname. 18 Q. And you're currently employed by Apple? 19 A. Correct. 20 Q. And how long have you worked for Apple? 21 A. Six-and-a-half years . 22 Q. Do you recall what month you started? 23 A. July. 24 Q. And, I'm sorry, my math is not very good 25 this morning. 09:16 09:16 TSG Reporting - Worldwide 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 25 1 of any kind with the Acoustics group? 2 A. Yes. 3 Q. Who was the person you had principal 4 contact with within the Acoustics group as it 5 pertained to the iPhone 4? 09:42 6 A. I don't recall. 7 Q. Do you remember the name of anyone who 8 you had contact with? 9 A. During the iPhone 4? 10 Q. Yes. 11 A. The names don't come to mind right now. 12 I'm sorry. 13 Q. 14 09:42 Who did you deal with in the Acoustics group with respect to the iPhone 4S? 15 MR. DANIS: 16 THE WITNESS: Objection. Foundation. 09:42 His name is Andrew 17 Bright. 18 Q. Is he still with Apple? 19 A. Yes. 20 Q. With respect to the acoustics testing 21 that you saw or had awareness was being done in 22 connection with the first iPhone, were all those tests 23 conducted by Apple internal personnel or were they 24 09:42 done by consultants or outside vendors or both? 25 MR. DANIS: Objection. TSG Reporting - Worldwide Speculation. 877-702-9580 09:43 Highly Confidential - Attorneys' Eyes Only Page 244 1 2 C E R T I F I C A T E STATE OF CALIFORNIA ) 3 ) 4 COUNTY OF SAN FRANCISCO ) 5 I, LINDA VACCAREZZA, a Certified 6 Shorthand Reporter for the State of 7 California, do hereby certify: 8 That RICHARD DINH, the witness whose 9 deposition is hereinbefore set forth, was duly 10 sworn by me and that such deposition is a true 11 record of the testimony given by such 12 witness. 13 I further certify that I am not related 14 to any of the parties to this action by blood 15 or marriage; and that I am in no way 16 interested in the outcome of this matter. 17 18 IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of February, 2012. 19 20 ________________________________ 21 LINDA VACCAREZZA, CSR. NO. 10201 22 23 24 25 TSG Reporting - Worldwide 877-702-9580

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