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

Filing 1057

Declaration of Cyndi Wheeler in Support of #999 Administrative Motion to File Under Seal , #1007 Administrative Motion to File Under Seal Samsung's Opposition to Apple's Motion for Summary Judgment and Documents in Support Thereto , Samsung's Oppotiion to Apple's Motion to Strike, and Samsung's Opposition to Motion to Exclude filed byApple Inc.. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K)(Related document(s) #999 , #1007 ) (Jacobs, Michael) (Filed on 6/7/2012)

Exhibit D

EXHIBIT 12
FILED UNDER SEAL

CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER
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1

UNITED STATES DISTRICT COURT

2

NORTHERN DISTRICT OF CALIFORNIA

3

SAN JOSE DIVISION

4

--oOo--

5

APPLE INC., A CALIFORNIA

)

6

CORPORATION,

)

7

PLAINTIFF,

8
9

vs.

) No.

11-CV-01846-LHK

)

SAMSUNG ELECTRONICS CO.,

)

10

LTD.,

)

11

ENTITY; SAMSUNG ELECTRONICS )

12

AMERICA, INC., A NEW YORK

)

13

CORPORATION; SAMSUNG

)

14

TELECOMMUNICATIONS AMERICA, )

15

LLC, A DELAWARE LIMITED

)

16

LIABILITY COMPANY,

)

17
18

A KOREAN BUSINESS

DEFENDANTS.

)

_____________________________ )

19

VIDEOTAPED DEPOSITION OF RICO ZORKENDORFER

20

CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER

21

Redwood Shores, California

22

Friday, October 21, 2011

23
24
25

Reported By:
KATHLEEN WILKINS, CSR #10068, RPR, CRR, CCRR, CLR
JOB NO. 42998

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RICO ZORKENDORFER,

2

having been duly sworn,

3

was examined and testified as follows:

4

--oOo--

5

EXAMINATION BY MR. ZELLER

6

BY MR. ZELLER:

7

Q.

Good morning.

8

A.

Good morning.

9

Q.

If you could please state and spell your

10
11
12

full name for the record.
A.

My name is Rico Zorkendorfer.

Rico,

R-I-C-O, Zorkendorfer, Z-O-R-K-E-N-D-O-R-F-E-R.

13

Q.

And what is your current business address?

14

A.

Is One Infinite Loop, Cupertino.

15

Q.

California?

16

A.

California.

17

Q.

And what is your current residential

18

address?

19

A.

Is 3928 17th Street, San Francisco,

20

California.

21

Q.

And you're currently employed by Apple?

22

A.

Yes.

23

Q.

How long?

24

A.

It's eight years.

25

Q.

Started in approximately, then, the 2002

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this transcript as highly confidential subject to

2

the protective order in force in this case.

3

Also, the witness will reserve the

4

opportunity to review the transcript to make

5

corrections at the conclusion of the deposition.

6

MR. ZELLER:

Let's please mark as

7

Exhibit 841 a multipage document bearing Bates

8

Numbers APLPROS0000018778 through -18798.

9

(Whereupon, Deposition Exhibit 841 was

10
11

marked for identification.)
BY MR. ZELLER:

12

Q.

And you're free to take a look here at

13

841, but I had some specific questions first for

14

you.

15
16

If you could look at the last page of
Exhibit 841.

17

Do you know who that person is?

And for the record, also, if you look

18

at -18789, which is also somewhat close to the end,

19

you'll see another image of this individual, if that

20

helps.

21
22

MR. BARTLETT:

Talking about this page

(indicating).

23

MR. ZELLER:

24

THE WITNESS:

25

MR. BARTLETT:

Oh.
Okay.
-789.

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THE WITNESS:

2

lawyer.

3

I believe that's our patent

BY MR. ZELLER:

4

Q.

That's Quin?

5

A.

I think it's -- I think it's Quin.

6

MR. BARTLETT:

7

THE WITNESS:

8

One N.
But I can't be certain

because the picture quality is fairly bad.

9

MR. BARTLETT:

10

this is clarified for the record.

11

because the court reporter interpreted Quin as being

12

Quinn Emanuel, but Quin is the first name of an

13

individual, Q-U-I-N.

14
15

MR. ZELLER:

18

I think --

It would be startling if it

was us.

16
17

I just want to make sure

MR. BARTLETT:

It would, indeed.

BY MR. ZELLER:
Q.

I'm going to show you what was previously

19

marked as Exhibit 8, which is United States Design

20

Patent 504,889.

21
22

Let me know when you've had a chance to
look at the '889 design patent.

23
24
25

Do you recognize the '889 design patent as
a patent that you're a named inventor on?
A.

Yes.

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Q.

I take it at some point you became aware,

2

just generally speaking, that there was a dispute

3

between Samsung and Apple?

4

A.

Yes.

5

Q.

At any time prior to the time when you

6

first became aware that there was a dispute between

7

the companies, had you actually seen the '889 design

8

patent?

9

A.

I must have, yes.

10

Q.

And you are named as an inventor here, as

11

we talked about?

12

A.

Yes.

13

Q.

What is it you invented that's depicted

14

here?

15

MR. BARTLETT:

16

for a legal conclusion.

17

THE WITNESS:

18

Vague.

Calls

Calls for expert testimony.
I can't call out any -- any

specifics.

19

Objection.

BY MR. ZELLER:

20
21

Q.

Well, is there anything generally that you

can identify here that you were the inventor of?

22
23

MR. BARTLETT:

Calls for a

legal conclusion.

24
25

Objection.

THE WITNESS:

I can't call out any -- any

specifics.

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2
3

BY MR. ZELLER:
Q.

But were there any -- any general aspects

of this that you were the inventor of?

4
5

MR. BARTLETT:

Calls for a legal

conclusion.

6

THE WITNESS:

7

specifics.

8

I can't call out any

BY MR. ZELLER:

9
10

Q.

Well, you keep on saying "specifics," and

I -- that's what -- that's a red flag to a lawyer.

11

And so I'm trying to find out, is there

12

anything -- even if you can't point out specifics,

13

is there anything that you can generally identify

14

that you were the inventor of with respect to the

15

design in the '889 design patent?

16

MR. BARTLETT:

17

Objection.

Calls for a

legal conclusion.

18

THE WITNESS:

I can't call out any --

19

any -- any specifics on -- on that.

20

BY MR. ZELLER:

21

Q.

Is there anything that you can identify --

22

and I'm talking about anything at all, specifically

23

or generally, that you can identify that you were

24

the inventor of with respect to the '889 design

25

patent?

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2

MR. BARTLETT:
legal conclusion.

3

Again, can't call out any --

any specifics.

5

Calls for a

Asked and answered.

THE WITNESS:

4

Objection.

BY MR. ZELLER:

6

Q.

By your understanding, what was new or

7

original about the design that's shown here in the

8

'889 design patent?

9
10

MR. BARTLETT:
legal conclusion.

11

Objection.

Calls for a

Calls for expert testimony.

THE WITNESS:

I can't comment on -- on

12

anything that's, yeah, specifically called out here.

13

BY MR. ZELLER:

14

Q.

Well, is there anything that you can

15

identify that was new or original about the design

16

that's shown here in the '889 design patent at the

17

time it was first thought of or put into some sort

18

of written form or fixed form?

19
20

MR. BARTLETT:
legal conclusion.

21

Can you actually repeat that

question?

23

Calls for a

Calls for expert testimony.

THE WITNESS:

22

Objection.

BY MR. ZELLER:

24
25

Q.

Sure.
Is there anything that you can identify

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that was new or original about the design that's

2

shown here in the '889 design patent as of the time

3

it was first thought of or put down into some sort

4

of tangible form by you and -- and the others who

5

are named as inventors here?

6

MR. BARTLETT:

7

THE WITNESS:

Same objection.
Again, I -- I -- I can't

8

talk specifically to this document.

9

BY MR. ZELLER:

10

Q.

When was it that you and the other

11

inventors first came up with the idea for the design

12

that's shown here in the '889 design patent?

13
14

MR. BARTLETT:

17
18
19

Calls for a

legal conclusion.

15
16

Objection.

THE WITNESS:

I -- I don't recall.

BY MR. ZELLER:
Q.

I'll represent to you -- well, I'm sorry.

Let me ask another question.
What was the time period when you and the

20

other named inventors first put this design down

21

into some kind of tangible form, such as in a mockup

22

or a drawing or a CAD drawing?

23
24
25

MR. BARTLETT:

Objection.

Calls for a

legal conclusion.
THE WITNESS:

I can't recall a specific

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time line.

2

BY MR. ZELLER:

3

Q.

I'll represent to you that in

4

interrogatory responses in this case, Apple has said

5

that the date when the design that's shown here in

6

the '889 design patent was first conceived of,

7

thought of, or reduced to practice is the legal

8

term, kind of put into some kind of fixed form, was

9

September 3rd, 2003.

10

And so with that date in mind, can you

11

tell me one way or another that -- whether that is

12

consistent with your recollection?

13
14

A.

I don't have any specific recollection of

that -- of that date.

15

Q.

16

period?

17
18

Do you recall if that's generally the time

MR. BARTLETT:

Objection.

Calls for

speculation.

19

THE WITNESS:

20

specific time period.

21

No, I don't recall any

BY MR. ZELLER:

22
23
24
25

Q.

You just don't remember one way or

another?
A.

I -- I don't remember.

It's been eight

years.

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Q.

Focusing on the September 2003 time

2

period, was it new or original for a design -- for

3

an electronic device to have rounded corners?

4
5

MR. BARTLETT:
expert testimony.

6
context.

8

I guess it depends what

very general term.

9

Calls for

Vague.

THE WITNESS:

7

Objection.

BY MR. ZELLER:

10

Q.

When you say "electronic device," it's a

Well, you'll see that this design patent,

11

the '889 design patent, is entitled "Electronic

12

Device."

13

Do you see that?

14

A.

Yes.

15

Q.

So I'm talking about in the context of the

16

same category that the '889 design patent is in.

17

And so my question is, is in the category

18

of "electronic device" that this '889 design patent

19

identifies, was it new or original at that time that

20

an electronic device would have rounded corners?

21
22
23

MR. BARTLETT:
legal conclusion.

Objection.

Calls for a

Calls for expert testimony.

THE WITNESS:

I -- I can't make a -- I

24

can't make a judgment on that.

25

BY MR. ZELLER:

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Q.

Focusing on the September 2003 time

2

period, was it new or original for an electronic

3

device to have an overall rectangular shape?

4
5

MR. BARTLETT:
conclusion.

Calls for a legal

Calls for expert testimony.

6

THE WITNESS:

7

I can't make a judgment on that.

8

BY MR. ZELLER:

9

Q.

I can't -- I can't make a --

During the September or as of the

10

September 2003 time period, was it new or original

11

for the design of electronic devices to have four

12

evenly rounded corners?

13

MR. BARTLETT:

14

THE WITNESS:

Same objection.
Again, I can't make -- I

15

can't make a judgment on that.

16

BY MR. ZELLER:

17

Q.

As of the September 2003 time period, was

18

it new or original for an electronic device to have

19

a flat clear surface covering the front of the

20

device?

21

MR. BARTLETT:

22

THE WITNESS:

23

Again, I can't make a

judgment on that.

24

Same objections.

BY MR. ZELLER:

25

Q.

As of September 2003, was it new or

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original for the design of electronic devices to

2

have a front surface that was without ornamentation?

3

MR. BARTLETT:

4

THE WITNESS:

Same objections.
Again, I can't make -- I

5

can't make a judgment on that.

6

BY MR. ZELLER:

7

Q.

As of September of 2003, was it new or

8

original for the design of an electronic device to

9

have a thin rim surrounding the front surface?

10

MR. BARTLETT:

11

THE WITNESS:

12

I can't make a judgment on

that.

13

Same objections.

BY MR. ZELLER:

14

Q.

As of September of 2003, was it new or

15

original for the design of electronic devices to

16

have a substantially flat back panel that rounds up

17

near the edges, to form a thin rim around the front

18

surface?

19

MR. BARTLETT:

20

THE WITNESS:

21

I can't make a judgment on

that.

22

Same objections.

BY MR. ZELLER:

23

Q.

As of September of 2003, was it new or

24

original for the design of an electronic device to

25

have a thin form factor?

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MR. BARTLETT:

2

THE WITNESS:

Same objections.
Again, I can't make -- I

3

can't make a judgment on that.

4

BY MR. ZELLER:

5

Q.

Focusing your attention on Figure 1 of the

6

'889 design patent, you'll see on the -- that's an

7

interior rectangular set of -- of lines that appear

8

to be somewhat broken.

9

Do you see that?

10

A.

Which one are you referring to?

11

Q.

This is the rectangular --

12

A.

Yeah.

13

Q.

-- set of lines that run on the interior

14

of the front surface on Figure 1 that appears to be

15

somewhat broken, although it's hard to tell.

16

A.

Mh-hmm.

17

Q.

Do you see that?

18

A.

Yeah.

19

Q.

Do you know what that is?

20
21
22

MR. BARTLETT:

Objection.

Calls for a

legal conclusion.
THE WITNESS:

I don't feel I have the

23

expertise to -- to comment on -- or to speak to the

24

drawing in front of me.

25

BY MR. ZELLER:

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Q.

2

an expertise.

3

Well, I'm not asking if you -- if you have

My question is, do you know or have an

4

understanding as to what this interior rectangular

5

line represents?

6

MR. BARTLETT:

7

THE WITNESS:

8
9

Same objections.
I don't.

BY MR. ZELLER:
Q.

Do you know if that interior rectangular

10

line that we're discussing shown here in Figure 1 is

11

part of the design that's depicted here in the

12

'889 design patent?

13
14

MR. BARTLETT:
legal conclusion.

15
16
17

Objection.

Calls for a

Calls for speculation.

THE WITNESS:

I -- I don't know.

BY MR. ZELLER:
Q.

Are those broken lines?

18

MR. BARTLETT:

19

THE WITNESS:

20

I'm not sure which lines

you're referring to.

21

Same objection.

BY MR. ZELLER:

22

Q.

Again, we're talking about the same lines

23

that we've -- that I've been asking questions about,

24

which are the lines -- rectangular lines that run on

25

the inner portion of the -- of Figure 1.

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MR. BARTLETT:

2

THE WITNESS:

3
4

Same objection.
I don't know.

BY MR. ZELLER:
Q.

If you can please take a look at Figure 2

5

of the '889 design patent.

6

are those diagonal lines in the interior of that

7

back surface.

8

A.

Yes.

9

Q.

And there are three sets of those diagonal

10

You'll see that there

lines?

11

A.

Mh-hmm.

12

Q.

You see that?

13

A.

Yes.

14

Q.

Please take a look at Figure 4.

You'll

15

see that there are no diagonal lines depicted in --

16

in Figure 4?

17

A.

Yes.

18

Q.

Do you know why Figure 2 has those

19

diagonal lines but Figure 4 doesn't?

20

MR. BARTLETT:

21

THE WITNESS:

22

MR. BARTLETT:

Objection.
No.
Calls for -- I do want to

23

caution the witness to give me a chance to interpose

24

my objections before responding.

25

Thanks.

Calls for a legal conclusion.

Calls for

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expert testimony.

2

BY MR. ZELLER:

3

Q.

Do you have an understanding as to why

4

Figure 2 has those diagonal lines that represent a

5

flat surface, but Figure 2 -- excuse me -- Figure 4

6

does not?

7

MR. BARTLETT:

8

THE WITNESS:

9
10
11

14

Q.

Does the '889 design patent show a design

that has a back surface that is -- that is flat -MR. BARTLETT:

Same objection --

BY MR. ZELLER:
Q.

15
16

No.

BY MR. ZELLER:

12
13

Same objections.

-- meaning -MR. BARTLETT:

I'm sorry.

I didn't mean

to speak over your question, Counsel, I apologize.

17

Same objections.

18

MR. ZELLER:

19

Q.

Actually, I'll rephrase it.

Does -- does -- by your understanding,

20

from everything you can see here in these drawings

21

in the '889 design patent, does this design show a

22

substantially flat back panel?

23
24
25

MR. BARTLETT:
legal conclusion.

Objection.

Calls for a

Calls for expert testimony.

THE WITNESS:

I -- I can't make a judgment

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based on these drawings.

2

BY MR. ZELLER:

3

Q.

4

Directing your attention to Figure 6.
You'll see on the right portion of

5

Figure 6 -- and this is a profile of a device -- a

6

generally circular shape there.

7

Do you see that?

8

A.

Mh-hmm.

9

Q.

What's that depict?

10
11

Yes.

MR. BARTLETT:
legal conclusion.

12
that.

14

Calls for a

Calls for expert testimony.

THE WITNESS:

13

Objection.

BY MR. ZELLER:

15

I can't -- yeah.

I can't -- I can't depict

Q.

I don't know.

Directing your attention to Figure 9,

16

you'll see that Figure 9 depicts the side of the

17

device as well as part -- the part of the front

18

surface.

19

Do you see that?

20

A.

Yes.

21

Q.

But you'll see that that -- that circular

22

shape that's part of Figure 6 is not shown on the

23

side of Figure 9.

24
25

Do you see that?
A.

Yes, I see that.

Yeah.

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Q.

Do you have an explanation as to why that

A.

I don't know.

Sorry.

4

MR. BARTLETT:

It's okay.

5

Objection.

2
3

is?

Vague.

Also calls for

6

speculation and calls for expert testimony.

7

for a legal conclusion.

8
9
10

THE WITNESS:

Calls

I don't know.

BY MR. ZELLER:
Q.

Is this circular shape we've been

11

discussing that's depicted in Figure 6 part of the

12

claim design of the '889 design patent?

13

MR. BARTLETT:

14

conclusion.

15

Calls for a legal

speculation.

16
17
18

Calls for expert testimony.

THE WITNESS:

Calls for

I don't know.

BY MR. ZELLER:
Q.

Directing your attention to Figure 9,

19

you'll see that it shows the top portion of the

20

device, as it's being held by the individual who's

21

shown here, as somewhat of a wedge shape.

22

Do you see that?

23

MR. BARTLETT:

24
25

legal conclusion.

Objection.

Calls for a

Calls for expert testimony.

THE WITNESS:

I'm sorry.

Wedge -- wedge

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shape?

2

BY MR. ZELLER:

3

Q.

Yes.

Wedge, W-E-D-G-E.

And I'm referring

4

here to the top portion of the device as -- from the

5

perspective of the individual holding it here in

6

Figure 9.

7
8

MR. BARTLETT:

11

Also

assumes facts.

9
10

Same objection.

THE WITNESS:

I don't know.

BY MR. ZELLER:
Q.

Do you know whether or not the design

12

that's depicted here in the '889 design patent is

13

showing a wedge-shaped profile or a straight-shaped

14

profile?

15
16

MR. BARTLETT:

Objection.

Calls for a

legal conclusion.

17

THE WITNESS:

I don't.

18

MR. BARTLETT:

19

One at a time.

Calls for expert testimony.
So I have to finish my

20

objection before you respond so that she can get

21

them down, one after the other.

22

THE WITNESS:

23

MR. ZELLER:

24
25

Okay.
And, I'm sorry, you got the

answer?
THE REPORTER:

(Nods head.)

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2

BY MR. ZELLER:
Q.

Directing your attention to Figure 2,

3

you'll also see that the -- one side shape of the

4

device that's shown here looks thicker in that

5

corner that's closest to us, and then it looks like

6

it goes into a wedge shape as you move to the -- the

7

right.

8

Do you see that?

9

MR. BARTLETT:

10

legal conclusion.

11

Objection.

Calls for a

Calls for expert testimony.

THE WITNESS:

I don't see -- I can't -- I

12

can't say the shape -- I can't see the shape based

13

on these drawings.

14

BY MR. ZELLER:

15

Q.

And when you say you can't see the shape

16

based on these drawings, you can't tell what shape

17

is being depicted here for the profile of the

18

device --

19
20
21
22
23
24
25

MR. BARTLETT:

Objection.

BY MR. ZELLER:
Q.

-- is that true?
MR. BARTLETT:

legal conclusion.

Objection.

Calls for a

Calls for expert testimony.

THE WITNESS:

I -- I can't make a judgment

based on -- on this drawing.

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2

BY MR. ZELLER:
Q.

Can you make a judgment as to the shape of

3

the profile that's being depicted here in the '889

4

design patent based on all the drawings that are

5

available to you and the other information in the

6

'889 design patent?

7
8

MR. BARTLETT:
legal conclusion.

9

Objection.

Calls for a

Calls for expert testimony.

THE WITNESS:

I can't make a judgment

10

based on this -- on these drawings.

11

BY MR. ZELLER:

12

Q.

13
14

Directing your attention to Figure 1.
Earlier we were talking about the interior

rectangular lines.

15

A.

Yes.

16

Q.

Do you recall that?

17

Is the interior of that -- that area

18

within the interior rectangular lines intended to

19

depict the active area of the display?

20
21

MR. BARTLETT:
legal conclusion.

22
23
24
25

Objection.

Calls for a

Calls for expert testimony.

THE WITNESS:

I don't know.

BY MR. ZELLER:
Q.

Is there kind of -- any kind of active

area of a display screen that's depicted in the '889

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design patent?

2

MR. BARTLETT:

3

THE WITNESS:

4

Same objections.
I can't make that judgment.

BY MR. ZELLER:

5

Q.

Does the '889 design patent depict any

6

bands or any kind of margin or area on the front

7

surface that's outside of an active display screen

8

area?

9
10

MR. BARTLETT:

Same objections.

Also

vague.

11

THE WITNESS:

12

judgment.

13

I can't -- I can't make that

BY MR. ZELLER:

14

Q.

You can't tell based on the drawings

15

that -- and the other information that's here in the

16

'889 design patent?

17

MR. BARTLETT:

18

THE WITNESS:

Same objections.
I -- I can't make that

19

judgment based on these -- these patent drawings.

20

BY MR. ZELLER:

21

Q.

Directing your attention to Figure 1,

22

you'll see that there is a -- a line that runs

23

through part of the -- or around part of the

24

perimeter of the device that is thicker and darker

25

than the other lines.

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2

You see that portion?
A.

3
4
5

Yes.
MR. BARTLETT:

Same objections.

BY MR. ZELLER:
Q.

What does that represent?

6

MR. BARTLETT:

7

THE WITNESS:

8

based -- based on these drawings.

9

BY MR. ZELLER:

10

Q.

Same objections.
I can't make a judgment

Do you have any knowledge or information

11

as to what that darker line running part of the

12

perimeter of Figure 1 represents?

13

MR. BARTLETT:

14

THE WITNESS:

Same objections.

15

based on these drawings.

16

I -- I can't make a judgment

BY MR. ZELLER:

17
18

Q.
drawings.

19
20

Well, again, I'm now divorcing it from the

Do you have information as to that as -from any source?

21

MR. BARTLETT:

22

THE WITNESS:

Objection.

Vague.

23

ask that question again?

24

So can you re- -- can you

BY MR. ZELLER:

25

Q.

Sure.

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What I'm trying to find out is do you have

2

any knowledge or information from any source as to

3

what that darker line represents that runs part of

4

the perimeter of Figure 1?

5
6

MR. BARTLETT:
expert testimony.

7

Same objections.

Calls for

Calls for a legal conclusion.

THE WITNESS:

I can't speak to that darker

8

line that you're referring to.

9

BY MR. ZELLER:

10

Q.

Does that darker line that we're

11

discussing, that's shown here in Figure 1, depict an

12

area that has vents?

13

MR. BARTLETT:

Objection.

14

legal conclusion.

15

Calls for a

also calls for speculation.

16

Calls for expert testimony.

THE WITNESS:

17

I can't make that -- I can't

make that judgment.

18

And

BY MR. ZELLER:

19

Q.

Directing your attention to Figure 9,

20

you'll also see that there's an area where it has a

21

darker, thicker line that runs around the perimeter

22

of the front of the device.

23

You see that --

24

A.

Yes.

25

Q.

-- that portion there?

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A.

Mh-hmm.

2

Q.

Is -- do you know what that depicts?

3

MR. BARTLETT:

4

THE WITNESS:

5
6

Same objections.
No.

BY MR. ZELLER:
Q.

7

Does that depict vents?
MR. BARTLETT:

8

legal conclusion.

9

THE WITNESS:

11

based on that drawing.

12

Calls for a

Calls for speculation.

10

Objection.

BY MR. ZELLER:

13

Calls for expert testimony.

I can't make a judgment

Q.

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25

Q.

The model shop personnel were the ones who

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