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 F

EXHIBIT 14
FILED UNDER SEAL

Highly Confidential - Attorneys' Eyes Only

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UNITED STATES DISTRICT COURT

2

NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

4
5

APPLE INC., a California

)

6

Corporation,

)

7

Plaintiff,

)

8

vs.

) No. 11-CV-01846-LHK

9

SAMSUNG ELECTRONICS CO., LTD,

)

10

a Korean business entity;

)

11

SAMSUNG ELECTRONICS AMERICA,

)

12

INC., a New York corporation;

)

13

SAMSUNG TELECOMMUNICATIONS

)

14

AMERICA, LLC, a Delaware

)

15

limited liability company,

)

16

Defendants.

17

)
)

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19
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HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
VIDEOTAPED DEPOSITION OF EUGENE WHANG

21

THURSDAY, OCTOBER 27, 2011

22
23
24

REPORTED BY:

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JANIS JENNINGS, CSR 3942, CLR, CCRR
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EUGENE ANTONY WHANG,

2

The deponent herein, was sworn and

3

testified as follows:

4
5
6

EXAMINATION
BY MS. NEILL:

7

Q.

Good morning.

8

A.

Good morning.

9

Q.

So can you please state your full name for

10

the record.

11

A.

Yep.

12

Q.

Okay.

13

A.

Eugene, E-u-g-e-n-e; Antony, A-n-t-o-n-y;

14

Eugene Antony Whang.
And can you please spell that.

and Whang, W-h-a-n-g.

15

Q.

And have you ever gone by any other name?

16

A.

No.

17

Q.

And, Mr. Whang, where do you currently

18

reside?

19

A.

In San Francisco.

20

Q.

Can you give me address, please.

21

A.

Yep.

22

Q.

And that is San Francisco, California?

23

A.

Yes.

24

Q.

Okay.

25

A.

Yes.

77 Oakwood Street.

And are you currently employed?

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Q.

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20
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BY MS. NEILL:
Q.

All right.

So what I am going to give you

22

now is United States Design Patent 504,889, which

23

was previously marked as Exhibit 8.

24
25

Take a look at the patent.
A.

Okay.
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Q.

2

Can you please turn to figure 2.
And you'll see there on figure 2 along one

3

edge of the device there seems to be a small, round

4

port.

5
6
7

A.

Yep.

There seems to be a little dotted --

some kind dotted line running around.
Q.

Uh-huh.

Okay.

And then on the other edge

8

of the device that you can see in that same drawing,

9

there appears to be a rectangular type of port.

10

A.

Yes.

11

Q.

Okay.

12

And can you please refer to

figure 6 as well.

13

And I'm sorry.

If you look at the first

14

page of the patent, it indicates that figure 6 is a

15

right-side view.

16

A.

Okay.

17

Q.

And can you see, again, the round feature

18

on figure 6?

19

A.

Yes.

20

Q.

And on figure 8 -- which is a lower side

21

view, according to the first page of the patent --

22

can you see that there is a rectangular feature

23

along that edge?

24

A.

Yes.

25

Q.

Is the design depicted in this patent
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reflected in one of the two devices in front of you?

2

MR. HUNG:

3

Calls for a legal conclusion.

4

opinion.

5

Objection.

THE WITNESS:

Vague.

Foundation.

Calls for an expert

There doesn't seem to be

6

enough information in the drawings to -- for me to

7

say if it's -- if it's representative of one of

8

these.

9

there's -- there's also differences.

10

There are some similarities, but, you know,

BY MS. NEILL:

11

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5
6

Q.

If you will take a look for a second at

figure 2, please.

7

A.

Okay.

8

Q.

You will see in figure 2, which is a

9
10

bottom perspective view, that there are a series of
diagonal lines.

11

A.

Yes.

12

Q.

What do those represent?

13

MR. HUNG:

14

THE WITNESS:

15
16
17

Objection.

Foundation.

I don't -- I don't know.

BY MS. NEILL:
Q.

If you please turn to figure 4, which is a

bottom view.

Are those lines present?

18

A.

Of the same lines as in the last figure?

19

Q.

Yes.

20

A.

It doesn't appear -- they don't appear to

21

As in figure 2.

be there.

22

Q.

Do you know why they're not there?

23

A.

No.

24

Q.

And going back to the lines that are in

25

figure 2, do you have under- -- any understanding as
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to what those lines may reflect?

2

A.

No.

3

Q.

In figure 1, do you also see a series of

4

diagonal lines?

5

A.

Yes.

6

Q.

Do you have any understanding as to what

7

those lines may reflect?

8

A.

No, I don't.

9

Q.

In figure 1 again, to bring your attention

10

to that, you can see around the front of the device

11

there appears to be a line, basically the perimeter

12

of the front, that appears to be thicker along

13

the -- the way I'm looking at it, it would be the

14

left edge and the bottom edge.

15

A.

Okay.

16

Q.

Do you see that line?

17

A.

I mean, I see a line that gets -- that

18

starts off around here as one thickness, and then

19

down on the bottom edge, it kind of goes thicker.

20

Q.

Uh-huh.

21

A.

Yep.

22

Q.

Do you think it's possible that that line

23
24
25

depicts the vent?
MR. HUNG:
speculation.

Objection.

Calls for

Calls for a legal conclusion.
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Calls

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for an expert opinion.

2

THE WITNESS:

To me, when I see this

3

drawing, I -- I don't see the vent detail.

4

BY MS. NEILL:

5
6

Q.

Do you have any understanding at all of

what the thicker line might represent?

7

A.

No, I don't.

8

Q.

And turning to figure 9, this depicts a

9

person holding the device.

10

A.

Okay.

11

Q.

Along the top edge of the device, the

12

farthest away from the person who is holding it, do

13

you see that that edge appears to be wedge-shaped?

14
15

MR. HUNG:

18

The document speaks

for itself.

16
17

Objection.

THE WITNESS:

I don't see that.

BY MS. NEILL:
Q.

Do you see that the -- the top edge

19

appears to taper towards the -- as the person is

20

holding it towards the left edge of the top?

21
22
23

MR. HUNG:

Objection.

The document speaks

for itself.
THE WITNESS:

24

kind of point to --

25

Do you think you can just

BY MS. NEILL:
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2

Q.

So I'm pointing to the top edge away --

farthest away from him --

3

A.

Okay.

4

Q.

-- and that it tapers along this line --

5

A.

Yeah.

6

Q.

-- so that this area appears as a wedge.

7

A.

Right.

8
9
10
11
12

Yeah.

MR. HUNG:
for itself.

Objection.

The document speaks

Assumes facts.

BY MS. NEILL:
Q.

Do you have any understanding of why that

appears to be wedge-shaped?

13

MR. HUNG:

14

THE WITNESS:

Objection.
I don't.

Assumes facts.
To me, it just

15

looks like whoever drew it just got their

16

perspective wrong.

17

BY MS. NEILL:

18

Q.

And also along the front perimeter of the

19

front face of the device, there appears to be a

20

darker line, or heavier line.

21
22
23
24
25

A.

Yeah, there appears to be a slightly

thicker line.
Q.

And do you have any understanding of what

that represents?
A.

No.
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Q.

And just -- if will turn to the first page

2

of this patent, you will see that you are listed as

3

an inventor on this patent.

4

A.

Yes.

5

Q.

And what did you contribute to the design

6
7

depicted in this patent?
A.

Like I said before, just, you know --

8

specifically it's hard to pick out any kind of

9

detail or specific thing.

You know, we all worked

10

on this together, so, you know, we all kind of

11

equally contributed to the design.

12
13

Q.

And do you know when this design was first

conceived of?

14

A.

No, I don't.

15

Q.

Okay.

16

And do you know when it was first

put down in a written form?

17

A.

No.

18

Q.

Did you create any of the figures in this

19

patent?

20

A.

No, I didn't.

21

Q.

Do you know who did?

22

A.

No, I do not.

23

Q.

Did you ever meet with anyone regarding

24
25

whether or not you were an inventor of this patent?
A.

I can't recall.
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