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

Filing 1108

Declaration of Cyndi Wheeler in Support of #1088 Administrative Motion to File Under Seal , #1090 Administrative Motion to File Under Seal filed byApple Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 [Proposed] Order Granting Samsungs Administrative Motion To File Documents Under Seal Re Samsungs Opening Memorandum Regarding Claim Construction, #5 [Proposed] Order Granting Samsungs Administrative Motion To File Documents Under Seal Re Samsungs Reply In Support Of Motion For Sanctions)(Related document(s) #1088 , #1090 ) (Jacobs, Michael) (Filed on 6/19/2012)

Exhibit A

EXHIBIT 17
FILED UNDER SEAL

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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APPLE INC., a California
corporation,

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Plaintiff,

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vs.

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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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Case No. 11-CV-01846-LHK

Defendants.
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VIDEOTAPED DEPOSITION OF DANIELE De IULIIS
Redwood Shores, California
Friday, October 21, 2011

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Reported by:
LORRIE L. MARCHANT, CSR No. 10523, RPR, CRR, CCRR,CLR
JOB NO. 43000

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TSG Reporting 877-702-9580

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Friday, October 21, 2011
10:13 a.m.

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Videotaped Deposition of DANIELE De

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IULIIS, held at the offices of Quinn

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Emanuel Urqhart & Sullivan, LLP, 555

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Twin Dolphin Drive, Suite 560, Redwood

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Shores, California, before Lorrie L.

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Marchant, a Certified Shorthand

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Reporter, Registered Professional

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Reporter, Certified Realtime Reporter,

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California Certified Realtime Reporter

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and Certified LiveNote Reporter.

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A P P E A R A N C E S:
FOR THE PLAINTIFF APPLE INC.:
MORRISON & FOERSTER
BY: ANDREW E. MONACH, ESQ.
425 Market Street
San Francisco, California 94105
Phone: [phone]
Fax: [phone]
e-mail: [e-mail]
FOR THE DEFENDANTS SAMSUNG:
QUINN EMANUEL URQUHART & SULLIVAN
BY: MARGRET CARUSO, ESQ.
SCOTT HALL, ESQ.
555 Twin Dolphin Drive
Redwood Shores, California 94065
Phone: [phone]
Fax: [phone]
e-mail: [e-mail]
[e-mail]
ALSO PRESENT:

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Lisa Olle, Apple Senior Corporate Counsel, Litigation

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Jason Kocol, Videographer

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---oOo---

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THE VIDEOGRAPHER:

This is the start of

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tape labeled No. 1 of the videotaped deposition of

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Daniele de Iuliis in the matter Apple, Incorporated

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versus Samsung Electronics Company, Limited, in the

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United States District Court, Northern District of

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California, San Jose Division.

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11-CV-01846-LHK.

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Case No.

This deposition is being held at 555 Twin
Dolphin Drive, Redwood Shores, California, on

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October 21st, 2011, at approximately 10:13 a.m.

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name is Jason Kocol.

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from TSG Reporting, Incorporated, headquartered at

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747 Third Avenue, New York, New York.

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My

I'm the legal video specialist

The court reporter is Lorrie Marchant in
association with TSG Reporting.
Will counsel please introduce yourselves
for the record.
MS. CARUSO:

Margret Caruso from Quinn,

Emanuel, Urquhart, Sullivan for defendant Samsung.
MR. MONACH:

Andrew Monach, Morrison &

Foerster, representing Apple and the witness.
THE VIDEOGRAPHER:

Will the court reporter

please swear in the witness.
THE REPORTER:

Do you solemnly swear or

affirm under the penalties of perjury that the

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testimony you are about to offer will be the truth,

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the whole truth and nothing but the truth?

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THE WITNESS:

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I do.

EXAMINATION BY MS. CARUSO

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BY MS. CARUSO:

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Q.

Good morning.

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A.

Good morning.

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Q.

Have you ever been deposed before?

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A.

I have not.

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Q.

Okay.

If at any point during the

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deposition you would like some more water or would

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like to take a break, just let me know.

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accommodate that.

We can

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A.

Okay.

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Q.

I just ask that you finish answering

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whatever question I asked at the time.

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A.

Thank you.

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Q.

Let's just step back a little bit.

There's

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going to be a lot of memory lane for you.

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could tell me a little bit about your education

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since graduating from high school.

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A.

If you

I graduated from Central School of Art and

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Design in London in 1983 with a BA in industrial

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design engineering.

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then.

I've been a professional since

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THE WITNESS:
button.

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BY MS. CARUSO:

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This, I believe, is the power

Q.

Is the power button on the iPod touch a

continuous form at its top?

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MR. MONACH:

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THE WITNESS:

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Vague.

Help me understand that

question.

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BY MS. CARUSO:

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Objection.

Q.

So in Figure 7, the figure that is shown in

C --

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A.

Yes.

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Q.

-- has a broken lozenge shape.

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that?

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Do you see

MR. MONACH:

Object to the form of the

question.

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THE WITNESS:

I see a lozenge, and it's

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badly photocopied and -- or what appears to be a

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lozenge, and that is broken in a couple of places.

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BY MS. CARUSO:
Q.

Do you have any understanding of why it's

broken in a couple of places?
A.

I don't understand why it would be broken

in a couple of places.
Q.

You're not aware of any feature of the iPod

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touch that would require depicting this button in

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this fashion?

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MR. MONACH:

Objection to the extent it

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lacks foundation.

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for a legal conclusion.

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Calls for speculation or calls

THE WITNESS:

These drawings are drawings

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made by a patent attorney.

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why they would be drawn in this manner.

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I don't know the reasons

BY MS. CARUSO:

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Q.

You've been handed what has been marked as

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Exhibit 8, Lutton Exhibit 8.

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Do you have that in

front of you?

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A.

Yes.

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Q.

Do you -- and that is US Design Patent

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504889 --

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A.

Yes.

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Q.

-- correct?

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You're named as an inventor of this design;
is that correct?

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A.

Yes.

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Q.

Did you participate in the team that

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created this design?

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A.

I did.

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Q.

In Figure 1 of the D889 patent, there's

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a -- a line that's thicker than the other lines.

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Do

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you see that?

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MR. MONACH:

Objection.

Vague.

Objection

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to the extent it may not accurately reflect the

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drawing.

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THE WITNESS:

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BY MS. CARUSO:

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Q.

I see a bad photocopy.

Starting at the left, do you see three

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parallel lines on the left-hand side of the top

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drawing?

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A.

I do.

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Q.

Do you see the middle line of those three?

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A.

I do.

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Q.

Does it appear to you to be thicker than

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the other two?

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A.

Yes.

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Q.

Do you have an understanding of why it's

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thicker?

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MR. MONACH:

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foundation.

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Objection.

Lack of

Objection to the extent it calls for a

legal conclusion.

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THE WITNESS:

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BY MS. CARUSO:

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Q.

I don't.

Do you have any understanding of what that

middle line represents?
MR. MONACH:

Same objection.

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MR. MONACH:

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THE WITNESS:

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Vague.

I don't understand if I

understand your definition.

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Objection.

BY MS. CARUSO:
Q.

Did the gap -- why was there a gap?

ask that question.

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A.

I really don't remember.

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Q.

If you'd look at this --

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A.

Thank you.

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I'll

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Q.

Would you describe the surface of the

iPhone as extending to the outside of the product?

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MR. MONACH:

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BY MS. CARUSO:

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Q.

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Vague.

I'll reask the question.
Would you describe the glass surface of the

iPhone as extending to the outside of the product?
A.

I would describe the glass surface

extending to the bezel.

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Objection.

MS. CARUSO:

We need to take a short break

to change the tape.

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THE VIDEOGRAPHER:

This marks the end of

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Tape No. 3 in today's deposition of Daniele de

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Iuliis.

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record.

The time is 5:29 p.m.

We are off the

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(Recess taken, from 5:29 to 5:38.)

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THE VIDEOGRAPHER:

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This marks the beginning

of Tape No. 4 in today's deposition of Daniele de

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