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)
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EXHIBIT 15
Confidential
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UNITED STATES DISTRICT COURT NORTHERN
DISTRICT OF CALIFORNIA SAN JOSE DIVISION
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APPLE INC., a California corporation
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PLAINTIFF,
-againstSAMSUNG ELECTRONIC CP., LTD., a Korean
business entity; SAMSUNG ELECTRONICS
AMERICAN, INC., A New York Corporation;
SAMSUNG TELECOMMUNICATIONS AMERICA, LLC,
a Delaware limited liability company,
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DEFENDANTS.
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***CONFIDENTIAL***
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VIDEOTAPED DEPOSITION OF RUSSELL WINER
New York, New York
Friday, April 27, 2012
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Reported by:
Rebecca Schaumloffel, RPR, CLR
JOB NO. 48805
TSG Reporting - Worldwide
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could have been stronger without the
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infringement.
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The second point is, we don't
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know what the long-term implication could be
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from the loss of the stickiness of the Apple
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brand due to Samsung's infringements, which
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could have even more serious long-term
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implications for the Apple brand.
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Q.
Based on all the work that you
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have done up until now, and based on
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everything that has happened up until now, do
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you have any hard data or empirical evidence
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that you can point to specifically that shows
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that Apple has lost any market share as a
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result of what you say are the similarities
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between Samsung's devices and Apple's claimed
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trade dress?
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MS. HAGBERG:
Same objections
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and asked and answered.
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A.
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It is my professional opinion
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that sales, current sales could well have
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been lost, and that future sales are at risk
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because of the infringement.
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Q.
What data do you have
specifically, what empirical evidence?
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A.
I don't have any.
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Q.
Do you have any quantification?
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A.
I don't.
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Q.
Do you have any empirical
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evidence or hard data to show that anything
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Samsung has done has diluted Apple's brand?
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I think if you take the research
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reports together, the Poret report with the
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Van Liere report, and the actions that
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Samsung has taken with the infringing
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products, that Apple's brand is at risk both
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at the present time and in the future from
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potential confusion in the marketplace that
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could affect consumer purchasing, in the
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short run and the long run.
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A.
Q.
My question is, do you have any
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empirical evidence or hard data to show that
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Samsung's actions has diluted Apple's brand?
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MS. HAGBERG:
Objection.
Asked
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and answered.
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A.
No.
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Q.
Do you have any quantification of
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any harm or dilution or loss of any kind to
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Apple as a result of Samsung's actions?
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MS. HAGBERG:
Objection.
TSG Reporting - Worldwide
Vague.
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Compound.
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A.
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No.
MS. HAGBERG:
Asked and
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answered.
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Q.
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Do you have any evidence or data
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to distinguish between harm that Apple's
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brand has suffered as a result of negative
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publicity from labor abuses or price fixing
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or other conduct that's been alleged in the
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media as compared to any actions that
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Apple -- excuse me, that Samsung has
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undertaken?
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MS. HAGBERG:
Objection;
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Lack of foundation.
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compound.
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A.
No.
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Q.
Have you undertaken any kind of
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study to determine whether any dilution that
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Apple's brand is at risk for is the result of
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negative publicity such as the exploitation
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of labor, or price fixing, or the other kinds
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of negative press that Apple has received?
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MS. HAGBERG:
Q.
Same objection.
When compared to Samsung's
activities?
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MS. HAGBERG:
Same objections.
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And compound.
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A.
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MS. HAGBERG:
THE VIDEOGRAPHER:
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MR. ZELLER:
Could I just make
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think it got cut up a little bit.
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MS. HAGBERG:
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MR. ZELLER:
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Are you done?
sure I have a clear answer, because I
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We are at
seven hours.
MS. HAGBERG:
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Can I get a
reading on our time, please.
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No.
He said no.
Let me just see.
BY MR. ZELLER:
Q.
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And you understood my last
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question, I was asking whether you could
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distinguish any loss or dilution, or any
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potential dilution or loss to Apple's brand
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as a result of this negative kind of
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publicity we have talked about as opposed to
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Apple's actions -- or excuse me, Samsung's
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actions?
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MS. HAGBERG:
Objection.
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A.
I haven't done such a study, no.
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Q.
Okay.
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I am sorry.
I think this
got cut up a little bit, so let me try to ask
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