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

Filing 1056

Administrative Motion to File Under Seal Reply Declaration of Marc J. Pernick in Support of Apple's Motion to Strike Portions of Samsung's Expert Reports filed by Apple Inc.. (Attachments: #1 Declaration of Marc J. Pernick in Support of Reply re Apple's Motion to Strike Portions of Samsung's Expert Reports, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11)(Jacobs, Michael) (Filed on 6/7/2012)

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Exhibit 5 CASE: In the Matter of Certain Mobile Devices and Related Software ___________________________________________________ Joshua A. Strickon August 3, 2011 ___________________________________________________ HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY APLNDC-X0000000972 Joshua A. Strickon August 3, 2011 Page 1 UNITED STATES INTERNATIONAL TRADE COMMISSION WASHINGTON, D.C. Before The Honorable Theodore R. Essex INVESTIGATION NO. 337-TA-750 In the Matter of CERTAIN MOBILE DEVICES AND RELATED SOFTWARE. ________________________________/ August 3, 2011 9:03 a.m. Deposition of JOSHUA A. STRICKON, pursuant to notice, taken by Respondents, at Weil Gotshal & Manges, 1395 Brickell Avenue, Suite 1200, Miami, Florida, before Kelli Ann Willis, a Registered Professional Reporter, Certified Realtime Reporter and Notary Public within and for the State of Florida. Merrill Corporation - Chicago (312) 386-2000 www.merrillcorp.com/law HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY APLNDC-X0000000973 429e53ca-3fe0-45bf-86bc-5d1f8e659777 Joshua A. Strickon August 3, 2011 Page 2 Page 4 1 2 (Deposition Exhibit 9 for 187 Identification, Kokai Unexamined 3 Patent Application, Bates stamped MF000339 to 000373.) 4 5 (Deposition Exhibit 10 for 189 Identification, '160 Patent, 6 Bates stamped MOTO-APPLE-0006037953_102176 to 102188.) 7 (Deposition Exhibit 11 for 189 8 Identification, Utility Patent Application Transmittal, Bates stamped 9 750-Apple0012336 to 0013948.) 10 (Deposition Exhibit 12 for 215 11 Identification, Ex Parte Application for Issuance of 12 Subpoena Duces Tecum and Ad Testificandum to Joshua A. Strickon.) 13 14 (Deposition Exhibit 13, CD containing 218 SmartSkin videos.) 15 16 17 18 19 20 21 22 23 24 25 1 2 A P P E A R A N C E S: 3 WEIL GOTSHAL & MANGES, LLP 4 Attorneys for Claimants. 1300 Eye Street, Suite 900 5 Washington, DC 20005 BY: ANNE CAPPELLA, ESQ. 6 anne.cappella@weil.com 7 QUINN EMANUEL URQUHART & SULLIVAN, LLP 8 Attorneys for Respondents. 865 South Figueroa Street, 10th Floor 9 Los Angeles, California 90017 BY: BRIAN J. DUNNE, ESQ. 10 briandunne@quinnemanuel.com 11 12 13 ALSO PRESENT: 14 Oliver Lee, Videographer 15 16 17 18 INDEX 19 Examination by Mr. Dunne 6 20 21 22 23 24 25 Page 3 1 2 3 4 EXHIBITS DESCRIPTION PAGE (Deposition Exhibit 1 for 19 Identification, '607 Patent, 5 Bates stamped 750-Apple0012278 to 12310.) 6 (Deposition Exhibit 2 for 29 7 Identification, '828 Patent, Bates stamped 750-Apple0000061 8 to 0000145.) 9 (Deposition Exhibit 3 for 55 Identification, SmartSkin: An 10 Infrastructure for Freehand Manipulation, Bates stamped 11 745-Apple10458678 to 10458685.) 12 (Deposition Exhibit 4 for 72 for Identification, 11-7-03 email 13 from J. Strickon Bates stamped 750-Apple0452885.) 14 (Deposition Exhibit 5 for 76 15 Identification, Touch Screen Technologies White Paper, 16 Bates stamped 750-Apple0448705, et al.) 17 18 (Deposition Exhibit 6 for 105 Identification, '860 Patent, 19 Bates stamped MOTO-APPLE-0006037953_102258 to 102272.) 20 21 (Deposition Exhibit 7 for 117 Identification, '455 Patent, 22 Bates stamped MOTO-APPLE-0006200362_015856 to 015889.) 23 24 (Deposition Exhibit 8 for 154 Identification, Joshua Strickon C.V.) 25 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE VIDEOGRAPHER: We are going on the video record at 9:03 a.m. Today's date is August 3rd, 2011. My name is Oliver Lee, and I am a legal videographer in association with Merrill Legal Solutions. The court reporter today is Kelli Ann Willis. Here begins the videotaped deposition of Joshua Strickon taken in the matter of Certain Mobile Devices and Related Software, bearing Case No. 337-TA-750. This deposition is being held at 1395 Brickell Avenue, Miami, Florida. Will counsel please identify themselves for the record and state whom you represent, starting with the noticing party, and will the court reporter then please swear in the witness. MR. DUNNE: Brian Dunne of Quinn Emanuel Urquhart & Sullivan representing Respondents, Motorola Solutions, formerly known as Motorola Inc. and Motorola Mobility. MS. CAPPELLA: Anne Cappella with Weil Gotshal & Manges representing the witness and Apple, Inc. 2 (Pages 2 to 5) Merrill Corporation - Chicago (312) 386-2000 www.merrillcorp.com/law HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY APLNDC-X0000000974 429e53ca-3fe0-45bf-86bc-5d1f8e659777 Joshua A. Strickon Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Thereupon: JOSHUA STRICKON a witness named in the notice heretofore filed, being of lawful age and having been first duly sworn, testified on his oath as follows: EXAMINATION BY MR. DUNNE: Q. All right. So welcome, Mr. Strickon. Could you please state your full name for the record? A. Joshua Andrew Strickon. Q. Have you ever been deposed before? A. No. Q. Do you understand that you are under oath, and although we are in a lawyer's office, the testimony you give today is under oath just as if it were in a courtroom? A. Yes. Q. Is there anything that could prevent you from testifying truthfully and accurately today? A. No. Q. Are you currently employed? A. Self-employed. Q. All right. And how long have you been self-employed? Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Three years. Q. What is it that you currently do? A. Technology consulting. Software and hardware. Q. And do you currently do any consulting for Apple? A. No. Q. Are you being paid by Apple for your testimony today? A. No. Q. Is Apple paying for your representation in connection with this deposition? A. Yes. Q. And did you produce a copy of your current resume or curriculum vitae in connection with the subpoena in this deposition? A. Yes. Q. And is that a currently accurate CV that you produced? A. Yes. Q. So I guess to start off on some background, where did you go for your undergraduate? A. Massachusetts Institute of Technology. Q. And did you receive an undergraduate degree -- August 3, 2011 A. Yes. Q. -- from MIT? And what year did you receive your bachelor's? A. 1998. Q. And in what field? A. Electrical engineering, computer science. Q. And after graduating from MIT in 1998, did you then begin employment? A. No. Q. Did you go to graduate school? A. I stayed at MIT. Q. And how long were you at MIT after 1998? A. I left MIT at the end of 2002. Q. Okay. And what other degrees did you receive in that time? A. I got my master's in electrical engineering, computer science in 1999, and my Ph.D. in media arts and sciences, class of 2003. Q. And did you complete a thesis or dissertation in connection with your Ph.D.? A. Yes. Q. What was the title of that? A. What was it called? It is a really long title. Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 "Smoke and Mirrors to Modern Computers: Rethinking the Design and Implementation of Interactive Location-based Entertainment Systems." Q. And what was the subject matter of that thesis? A. I developed a software platform for programming and scripting a variety of different kinds of interactive installations from new kinds of theater shows, museum installations that integrated digital audio, interactive music through MIDI, lighting control, as well as sensor input. Q. And when did you first discuss -- well, after graduation from MIT, what was your first employment? A. At Apple Computer. Q. And when did you begin working at Apple? A. The last week of March 2003. Q. When did you first begin -- when did you first have discussions with Apple about potential employment there? A. I believe it was in the fall of 2002. Q. And did you initiate those discussions? A. Apple came to do on-campus recruiting. Q. Do you recall who came to do on-campus recruiting? 3 (Pages 6 to 9) Merrill Corporation - Chicago (312) 386-2000 www.merrillcorp.com/law HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY APLNDC-X0000000975 429e53ca-3fe0-45bf-86bc-5d1f8e659777

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