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

Filing 1082

EXHIBITS to the Declaration of Thomas Watson In Support of Samsung's Motion For Leave To Seek Reconsideration of the Court's May 21, 2012 Order filed bySamsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Attachments: #1 Exhibit 4, #2 Exhibit 5, #3 Exhibit 6, #4 Exhibit 7, #5 Exhibit 8, #6 Exhibit 9, #7 Exhibit 11, #8 Exhibit 15)(Maroulis, Victoria) (Filed on 6/11/2012)

EXHIBIT 11

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
APPLE INC., a California
corporation,

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Plaintiff,

Case No.

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vs.

11-CV-01846-LHK

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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,

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Defendants.
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HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY

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VIDEOTAPED DEPOSITION OF RICHARD HOWARTH
San Francisco, California
Monday, October 31, 2011

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REPORTED BY:
CYNTHIA MANNING, CSR No. 7645, CLR, CCRR
JOB NO. 43007
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your understanding.

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THE WITNESS:

My understanding is that's

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what that is trying to represent.

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BY MR. ZELLER:

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Q.

It is perspective, but you're not

certain?

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MR. MONACH:

Object to the form of the

question.

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THE WITNESS:

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what that represents.

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BY MR. ZELLER:

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Q.

It's possible that that's

But, again, you can't say with certainty

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whether or not that's -- that tapering is because

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of perspective, as opposed to whether or not the

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design is actually showing that there is some kind

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of tapering?

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MR. MONACH:

Objection; lack of

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foundation.

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a legal conclusion; asked and answered.

Objection, to the extent it calls for

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You can do it again.

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THE WITNESS:

In my opinion, as an

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industrial designer and not a patent lawyer, I

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think that that looks like it is an object with

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perspective and not a tapering geometry.

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//
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BY MR. ZELLER:
Q.

And from your perspective, is that -- is

that an accurate depiction of perspective?

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MR. MONACH:

Objection; lack of

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foundation, incomplete hypothetical.

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vague.

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THE WITNESS:

Objection;

Yes, it could be.

BY MR. ZELLER:
Q.

Can you say with any certainty if it is?

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MR. MONACH:

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THE WITNESS:

Same objection.
I can't say with any

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certainty without -- whether that's an absolutely

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accurate perspective view.

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looks possible.

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BY MR. ZELLER:

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Q.

But it looks okay.

It

You'll see also in Figure 9 that there is

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a portion of it that has a thicker, darker line

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that runs around the perimeter of the front.

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Do you see that?

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A.

Yes, I see that.

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Q.

What does that depict?

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MR. MONACH:

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foundation.

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Objection; lack of

legal conclusion.

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Object, to the extent it calls for a

THE WITNESS:

It's unclear to me exactly

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what that is trying to depict.

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BY MR. ZELLER:

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Q.

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Does it depict a gap or a groove?
MR. MONACH:

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foundation.

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Same objection; lack of

a legal conclusion.

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Objection, to the extent it calls for

THE WITNESS:

I'm not sure what that

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precise detail is trying to depict.

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like the separation between two parts to me.

But it looks
Not

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the separation; it looks like the joint between

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two parts.

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BY MR. ZELLER:

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Q.

And directing your attention to Figure 1,

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you'll see that also at least on part of the

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perimeter of this front surface there is a darker

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line there as well, darker, thicker line?

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A.

I see that.

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Q.

And do you have an understanding as to

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what that's depicting?

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MR. MONACH:

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foundation.

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Objection; lack of

legal conclusion.

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Object, to the extent it calls for a

THE WITNESS:

I couldn't tell you exactly

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what that's trying to depict.

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//
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BY MR. ZELLER:
Q.

Is that darker, thicker line depicting a

gap or a groove?

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MR. MONACH:

Same objection.

Lack of

foundation, calls for a legal conclusion.

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THE WITNESS:

In my opinion as an

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industrial designer, it doesn't look like that's

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trying to depict a groove or a gap.

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it's perhaps trying to show a radius or an

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intersection of the rear housing, perhaps.

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BY MR. ZELLER:

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Q.

But you're not certain?

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MR. MONACH:

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Same objection.

Asked and

answered.

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It looks like

THE WITNESS:

I'm not certain.

BY MR. ZELLER:
Q.

You'll see that the date of this design

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patent for filing -- and this is on the first

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page --

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A.

Okay.

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Q.

-- in the middle of the first column,

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March 17th, 2004.

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Do you see that date there?

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A.

Yes, I do.

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Q.

Prior to March 17th, 2004, which is the
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