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

Filing 1066

Supplemental Declaration of Adam Bogue in Support of #1063 Administrative Motion to File Under Seal Samsung's Reply in Support of Samsung's Motion for Summary Judgment filed bySamsung Electronics Co. Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Related document(s) #1063 ) (Maroulis, Victoria) (Filed on 6/8/2012) Modified text on 6/11/2012 (dhm, COURT STAFF).

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Bar No. 170151)
 [e-mail]
50 California Street, 22nd Floor
 San Francisco, California 94111
Telephone: [phone]
 Facsimile: [phone]
 Kevin P.B. Johnson (Bar No. 177129)
[e-mail]
 Victoria F. Maroulis (Bar No. 202603)
[e-mail]
th
 555 Twin Dolphin Drive, 5 Floor
Redwood Shores, California 94065-2139
[phone]
 Telephone:
Facsimile:
[phone]

Michael T. Zeller (Bar No. 196417)
 [e-mail]
865 S. Figueroa St., 10th Floor
 Los Angeles, California 90017
Telephone: [phone]
 Facsimile: [phone]
 Attorneys for SAMSUNG ELECTRONICS CO.,
LTD., SAMSUNG ELECTRONICS AMERICA,
 INC. and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC



UNITED STATES DISTRICT COURT



NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION


 APPLE INC., a California corporation,

CASE NO. 11-cv-01846-LHK



SUPPLEMENTAL DECLARATION OF
ADAM BOGUE

Plaintiff,



vs.

 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,

Defendant.



FILED UNDER SEAL


02198.51855/4794941.3
, PH.

Case No. 11-cv-01846-LHK
SUPPLEMENTAL DECLARATION OF ADAM BOGUE

1

SUPPLEMENTAL DECLARATION OF ADAM BOGUE

2

I, Adam Bogue, declare:

3

1.

I have personal knowledge of the facts set forth herein, and am competent to testify

4 to the same.
5

2.

I am currently the President and CEO of Circle Twelve, Inc. which currently

6 manufactures and sells touch screen table devices known as the DiamondTouch table.
7

3.

I was previously the Vice President of Business Development at the Mitsubishi

8 Electric Research Laboratories ("MERL"), where I was part of the team that developed the
9 DiamondTouch table.
10

4.

I submit this declaration to supplement the Declaration of Adam Bogue, dated May

11 17, 2012 (“Bogue Declaration”).
12

5.

The DiamondTouch table is a touch-sensitive touch screen display that was

13 originally developed at MERL in 2001. As I've stated during my March 9, 2012 deposition,
14 Redacted
15

(Bogue 3/9/12 Dep. Tr. at 9:22-24). A true copy of excerpts from my deposition

16 transcript are attached here as Exhibit 1. I further described it asRedacted
17

in a Q&A type of

18 document which was marked as Exhibit 10 in my March 9, 2012 deposition. A true correct copy
19 of this document is attached here as Exhibit 2.
20

6.

The DiamondTouch table was also named and sold as the Redacted

21
22

, which was marked

23 as Exhibit 2 in my March 9, 2012 deposition. A true copy of this document is attached here as
24 Exhibit 3.
25

7.

I am intimately familiar with the DiamondTouch Table, DTFlash, and Tablecloth

26 because one of my jobs at MERL was to demonstrate the DTFlash Demonstrations and Tablecloth
27 on the DiamondTouch table to potential customers and visitors to the MERL lobby.
28
02198.51855/4794941.3

Case No. 11-cv-01846-LHK
SUPPLEMENTAL DECLARATION OF ADAM BOGUE

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1

8.

In the DTFlash demo folders, there is a README.txt file that explains how to

2 configure settings in Internet Explorer so that anyone can run the DTFlash applications correctly.
3 A true copy of the README.txt file is attached as Exhibit 3 to the Bogue Declaration. The demo
4 table in the MERL lobby was set according to the instructions in the README.txt file to ensure
5 proper running of the DTFlash applications, including the Tablecloth application.
6

9.

I have reviewed the video Exhibit 2 to Declaration of Ravin Balakrishnan, Ph.D. in

7 Support Of Apple's Opposition to Samsung's Motion for Summary Judgment (Balakrishnan
8 Declaration). This video does not depict the proper functionality of the Tablecloth application,
9 and does not reflect how this application was used in public. It appears that Dr. Balakrishnan has
10 configured the system in a manner that causes the Internet Explorer window to lose focus. I can
11 tell that it loses focus because color of the title bar of the Internet Explorer window changes. This
12 is not the configuration that was used. A system configured to run correctly will not encounter
13 these errors.
14

10.

The demo table in the MERL lobby and the demo tables at various trade shows

15 were set according to the instructions in the README.txt file. The video files attached as
16 Exhibits 4 and 5 to Bogue Declaration show the Tablecloth application as it operated when it was
17 first created and shown to public, including visitors of the MERL lobby and potential customers at
18 various tradeshows, starting in or around early 2005.
19

11.

The foregoing is based on my personal knowledge of the facts as set forth above, to

20 the best of my knowledge and recollection. I am competent to testify to do the same, and if so
21 called to testify, I would testify to the same.
22
23

I declare under penalty of perjury that the foregoing is true and correct.

24

Executed in Framingham, MA on June 7, 2012

25
26

_____________________

27

Adam Bogue

28
02198.51855/4794941.3

Case No. 11-cv-01846-LHK
SUPPLEMENTAL DECLARATION OF ADAM BOGUE

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