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

Filing 1089

Administrative Motion to File Under Seal filed by Apple Inc.. (Attachments: #1 Declaration of Cyndi Wheeler, #2 Proposed Order, #3 [Public] Apple's Opening Design Patent Claim Construction Brief, #4 Declaration of Mia Mazza, #5 Exhibit 1, #6 Exhibit 2, #7 Errata 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6 Part 1, #11 Exhibit 6 Part 2, #12 Exhibit 6 Part 3, #13 Exhibit 6 Part 4, #14 Exhibit 7 Part 1, #15 Exhibit 7 Part 2, #16 Exhibit 8, #17 Exhibit 9, #18 Exhibit 10, #19 Exhibit 11, #20 Exhibit 12, #21 Exhibit 13)(Jacobs, Michael) (Filed on 6/12/2012) Modified on 6/13/2012. Pursuant to General Order No. 62, attachment #1 sealed (dhm, COURT STAFF).

Exhibit 12

Page 1
1

UNITED STATES DISTRICT COURT

2

NORTHERN DISTRICT OF CALIFORNIA

3

SAN JOSE DIVISION

4

- - - - - - - - - - - - - - - - - - - - - -

5

APPLE INC.,

6

Plaintiff/Counterclaim Defendant,

7

vs.

8

SAMSUNG ELECTRONICS CO., LTD.,

9

SAMSUNG ELECTRONICS AMERICA,

Case No. 11-cv-01846-LHK

10

INC., SAMSUNG

11

TELECOMMUNICATIONS AMERICA,

12

LLC,

13
14

Defendants/Conterclaim Plaintiffs,
- - - - - - - - - - - - - - - - - - - - - -

15
16
17

VIDEOTAPE DEPOSITION OF ROBERT ANDERS, IDSA

18

Washington, D.C.

19

Thursday, April 26, 2012

20
21
22
23

Reported by:

24

SUSAN ASHE, RMR/CRR

25

Job No.:

49049
TSG Reporting - Worldwide

877-702-9580

Page 5
1

MR. McELHINNY:

My name is Harold

09:03

2

McElhinny; I'm here with Francis Ho from Morrison

09:03

3

and Foerster, representing the plaintiff, Apple Inc.

09:03

4
5

MR. BEDECARRE:

Al Bedecarre from Quinn

Emanuel for Samsung.

6

09:03

VIDEOGRAPHER:

09:03
Will the court reporter

09:03

7

please swear in the witness.

09:03

8

Whereupon,

09:03

9

ROBERT ANDERS, IDSA,

09:03

10

the Witness, called for examination by the

09:03

11

Plaintiffs, having been first duly sworn according

09:03

12

to law, was examined and testified as follows:

09:03

13
14

EXAMINATION BY COUNSEL FOR PLAINTIFFS

09:03

BY MR. McELHINNY:

09:03

15

Q

Good morning, Mr. Anders.

09:04

16

A

Good morning, sir.

09:04

17

Q

You heard the introduction slightly.

18

name is Harold McElhinny.

19

Inc.

I'm an attorney for Apple

09:04
09:04

I'm going to be taking your deposition today.

09:04

Would you state your full name for the

09:04

20
21

My

record, please.

09:04

22

A

Yes, Robert John Anders.

09:04

23

Q

And your home address, please.

09:04

24

A

P.O. Box 609, Warwick, New York, 10990.

09:04

25

Q

Sir, I take it that you have had your

09:04

TSG Reporting - Worldwide

877-702-9580

Page 103
1

A

Well, I compare.

2

Q

Okay.

11:53

And I guess my question is:

In any

11:53

3

of the comparisons that you did, did you eliminate

11:53

4

any elements of Apple's claims on the ground that

11:53

5

they were functional?

11:53

6

A

No.

11:53

7

Q

Why not?

11:53

8

A

First of all, I was only assigned to do an

11:53

9

infringement report, not a validity report.

10
11

And therefore, I limited my analysis to
just the infringement.

12

11:53
11:53
11:54

And a lot of these products are basically

11:54

13

so simple and understated that they're not complex

11:54

14

structures like a golf cart.

11:54

15
16
17

And so, I just concentrated on what I
believed were all the ornamental features.
Q

Okay.

To be clear, you have a section in

11:54
11:54
11:54

18

your report called your -- that describes your

11:54

19

working knowledge of applicable laws --

11:54

20

A

Correct.

11:54

21

Q

-- correct?

11:54

22

MR. BEDECARRE:

And you have to wait until

11:54

23

he finishes the question so that you actually know

11:54

24

what the question is before you answer it.

11:54

25

Q

As you understand an infringement

TSG Reporting - Worldwide

877-702-9580

11:54

Page 236
1

CERTIFICATE

2
3

I, SUSAN ASHE, a Registered Merit

4

Reporter and Notary Public, hereby certify that the

5

foregoing is a true and accurate transcript of the

6

deposition of said witness, who was first duly sworn

7

by me on the date and place hereinbefore set forth.

8
9

I FURTHER CERTIFY that I am neither
attorney nor counsel, nor related to or employed by

10

any of the parties to the action in which this

11

deposition was taken, and further that I am not a

12

relative or employee of any attorney or counsel

13

employed in this action, nor am I financially

14

interested in this case.

15
16

Dated this 26th day of
April 2012.

17
18
19

______________________________

20

Susan Ashe, Notary Public

21

of the District of Columbia

22

My commission expires:

May 31, 2012.

23
24
25

TSG Reporting - Worldwide

877-702-9580