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 13

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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APPLE INC., a California
corporation,

)
)
)
Plaintiff,
)
)
vs.
) No. 11-CV091846-LHK
)
SAMSUNG ELECTRONICS CO.,
)
LTD., a Korean business
)
entity; et al.,
)
)
Defendants. )
_________________________ )
VIDEOTAPED DEPOSITION OF CHRISTOPHER MOUNT
555 West Fifth Street
Los Angeles, California
Wednesday, April 25, 2012

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Reported By:
PATRICIA L. HUBBARD, CSR #3400
JOB NO. 49018
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CHRISTOPHER MOUNT,

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called as a witness, having been

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sworn, was examined and testified as

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follows:

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EXAMINATION
BY MR. ZHANG:

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Q.

Good afternoon, Mr. Mount.

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A.

Hi.

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Q.

You understand that you're testifying

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01:40PM

under oath here today and under penalty of perjury?

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A.

Yes.

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Q.

And I'm going to be asking you a number

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of questions today, and from time to time your

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attorney will object.

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01:40PM

But you understand that you should

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answer the question fully and truthfully unless

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your attorney instructs you not to answer?

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A.

Yes.

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Q.

You're obviously welcome to take a

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break at any time.

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pending question, that you answer the question

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01:40PM

fully before we take a break.

I'd just ask that if there is a

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A.

Yes.

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Q.

Is there any reason why you can't give

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Page 108
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A.

No.

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Q.

Do you believe that the iPad design is

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purely functional?

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A.

Let me explain what is purely

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functional.

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to be space industry things, medical tools, pieces

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in the military, engineering gears, those kinds of

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things.

What is purely functional are -- tend

04:08PM

They tend to be purely functional.

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Everything else does -- that is design

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that we use that is not a life and death -- one

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could even argue that a formula one race car which

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is -- many people think of as fairly functional is

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ornamented with a Ferrari on it and stickers on it.

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So, yes.

04:08PM

Of course it has -- it has

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some -- there is some human design that goes into

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this.

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Q.

04:08PM

So it's your opinion that the iPad is

not a purely functional design?

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MS. CARUSO:

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THE WITNESS:

Objection.

Vague.

It's a very very

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functional design, but it's not a purely functional

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design.

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04:09PM

BY MR. ZHANG:

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Q.

So it seems to me that when you call

something an anonymous and basic box, you don't

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REPORTER'S CERTIFICATE

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I, PATRICIA L. HUBBARD, do hereby certify:

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That I am a duly qualified Certified

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Shorthand Reporter in and for the State of California,

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holder of Certificate Number 3400, which is in full

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force and effect, and that I am authorized to

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administer oaths and affirmations;

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That the foregoing deposition testimony of

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the herein named witness, to wit, CHRISTOPHER MOUNT,

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was taken before me at the time and place herein set

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forth;

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That prior to being examined, CHRISTOPHER

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MOUNT was duly sworn or affirmed by me to testify the

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truth, the whole truth, and nothing but the truth;

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That the testimony of the witness and all

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objections made at the time of examination were

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recorded stenographically by me and were thereafter

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transcribed by me or under my direction and

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supervision;

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That the foregoing pages contain a full,

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true and accurate record of the proceedings and

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testimony to the best of my skill and ability;

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I further certify that I am not a relative

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or employee or attorney or counsel of any of the

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parties, nor am I a relative or employee of such

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attorney or counsel, nor am I financially interested

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in the outcome of this action.

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IN WITNESS WHEREOF, I have subscribed my
name this 26th day of April, 2012.

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_______________________________
PATRICIA L. HUBBARD, CSR #3400

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