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
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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APPLE INC., a California
)
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Corporation,
)
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Plaintiff,
)
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vs.
) No. 11-CV-01846-LHK
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SAMSUNG ELECTRONICS CO., LTD,
)
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a Korean business entity;
)
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SAMSUNG ELECTRONICS AMERICA,
)
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INC., a New York corporation;
)
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SAMSUNG TELECOMMUNICATIONS
)
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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
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THURSDAY, OCTOBER 27, 2011
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23
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REPORTED BY:
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JANIS JENNINGS, CSR 3942, CLR, CCRR
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EUGENE ANTONY WHANG,
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The deponent herein, was sworn and
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testified as follows:
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5
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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
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reside?
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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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BY MS. NEILL:
Q.
All right.
So what I am going to give you
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now is United States Design Patent 504,889, which
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was previously marked as Exhibit 8.
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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
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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
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right-side view.
16
A.
Okay.
17
Q.
And can you see, again, the round feature
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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 --
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can you see that there is a rectangular feature
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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?
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MR. HUNG:
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Calls for a legal conclusion.
4
opinion.
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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:
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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:
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16
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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.
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A.
It doesn't appear -- they don't appear to
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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
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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
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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
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depicts the vent?
MR. HUNG:
speculation.
Objection.
Calls for
Calls for a legal conclusion.
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for an expert opinion.
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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?
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15
MR. HUNG:
18
The document speaks
for itself.
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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.
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13
Q.
And do you know when this design was first
conceived of?
14
A.
No, I don't.
15
Q.
Okay.
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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
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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
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whether or not you were an inventor of this patent?
A.
I can't recall.
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