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 B

EXHIBIT 18
FILED UNDER SEAL

Highly Confidential - Outside Counsel's Eyes Only

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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,
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vs.

CASE NO.

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,
Defendants.
____________________________/

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H I G H L Y
C O N F I D E N T I A L
O U T S I D E C O U N S E L O N L Y

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VIDEOTAPED DEPOSITION OF CHRISTOPHER STRINGER
REDWOOD SHORES, CALIFORNIA
FRIDAY, NOVEMBER 4, 2011

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BY: ANDREA M. IGNACIO HOWARD, CSR, RPR, CCRR, CLR
CSR LICENSE NO. 9830
TSG JOB NO. 43706
TSG Reporting - Worldwide

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FRIDAY, NOVEMBER 4, 2011
9:56 a.m.

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VIDEOTAPED DEPOSITION OF CHRISTOPHER

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STRINGER, taken at QUINN EMANUEL URQUHART &

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SULLIVAN, LLP, 555 Twin Dolphin Drive,

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Suite 560, Redwood Shores, California,

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Pursuant to Notice, before me,

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ANDREA M. IGNACIO HOWARD, CLR, CCRR, RPR,

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CSR License No. 9830.

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A P P E A R A N C E S:

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FOR APPLE INC.:

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MORRISON & FOERSTER

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By:

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425 Market Street

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San Francisco, California 94105

MICHAEL A. JACOBS, Esq.

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FOR SAMSUNG ELECTRONICS CO. LTD:

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QUINN EMANUEL URQUHART & SULLIVAN

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By:

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865 South Figueroa Street, 10th Floor

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Los Angeles, California 90017

MICHAEL T. ZELLER, Esq.

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ALSO PRESENT:

Benjamin Gerald, Videographer
Cyndi Wheeler, Apple, Inc.

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---oOo--23
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REDWOOD SHORES, CALIFORNIA

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FRIDAY, NOVEMBER 4, 2011

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9:56 a.m.

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THE VIDEOGRAPHER:

Good morning.

This marks

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the beginning of the disc labeled No. 1 of the

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videotaped deposition of Chris Stinger --

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MR. JACOBS:

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THE VIDEOGRAPHER:

Stringer.
-- Stringer.

In the

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matter Apple, Incorporated versus Samsung Electronics

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Company Limited, et al.

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Held in the United States District Court for

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the Northern District of California, San Jose

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Division.

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Case number is 11-cv-01846-LHK.

This deposition is being held at 555 Twin

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Dolphin Drive, in the city of Redwood Shores,

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California.

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approximately 9:56 a.m.

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Taken on November 4th, 2011, at

My name is Benjamin Gerald from TSG

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Reporting, Incorporated, and I am the legal video

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specialist.

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association with TSG Reporting.

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The court reporter is Andrea Ignacio, in

At this time, will counsel please identify
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A

I don't know.

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Q

Direct your attention back to the '889 design

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patent.

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A

Yes.

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Q

Do you have any knowledge or information as

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to whether or not photographs of that physical mockup

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that you have in front of you, the 035 mockup, were

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submitted to the patent office as part of the

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application and prosecution process for the

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'889 design patent?
A

In my preparations for today, we looked at

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copies of photographs of this object that I understand

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are attached to this patent.

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Q

And so if I understand you correctly, it's

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your understanding that the photographs that were

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submitted to the patent office as part of the

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'889 design patent depict the three-dimensional mockup

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that you have in front of you that we call the 035?

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A

It is my understanding, and my recollection

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of yesterday's discussion, that the photographs that I

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saw related to this model and this patent.

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Q

Right.
And I guess I'm trying to now figure out

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what -- what photographs we're talking about so that

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we're on the same page.

So let me -- let me provide

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some, and maybe that will help.

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What's the next number?

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THE REPORTER:

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MR. ZELLER:

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THE REPORTER:

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MR. ZELLER:

1171.
1171?
Yes.
Please mark as Exhibit 1171

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excerpts from the prosecution history of the

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504,889 design patent.

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(Document marked Exhibit 1171

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for identification.)

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THE WITNESS:

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MR. ZELLER:

Thank you.
So you have both sets in front

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of you at the same time, let's also please mark as

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Exhibit 1172 -- I'm sorry.

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before.

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841.

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Actually, we marked this

What's this exhibit number?

MR. JACOBS:

I think it's

He has the better photos.

He

has the better photos.

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MR. ZELLER:

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other set, too.

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Don't worry.

I gave you the

here.

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I'm not trying to be totally unfair

So I'm going to show you what I am fairly

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confident was previously marked as Exhibit 841.

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in the interim confirm that that is the exhibit

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number, but I believe I have it memorized now.
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MR. JACOBS:
the record.

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Just put the Bates range into

MR. ZELLER:

Yeah.

And this, for the record,

is APLPROS000018778 through '18798.

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MR. JACOBS:

Mr. Stringer, as you're

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discussing the meeting we had yesterday, if you can

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describe what you did, as opposed to any particular

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communications that you and I had on the subject, that

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would avoid the need for me to instruct you each time

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Mr. Zeller asks you a question.

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THE WITNESS:

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MR. JACOBS:

Sorry.

Say that again, please.

If you can describe what you did

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at the meeting by way of comparison, rather than what

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I -- what -- what your and my discussion was on the

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topic.

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THE WITNESS:

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MR. JACOBS:

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THE WITNESS:

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MR. JACOBS:

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Yes.
In comparing these -As Mr. Zeller is asking you

questions --

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THE WITNESS:

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MR. JACOBS:

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What I did yesterday?

Okay.

Oh.

If you can describe what you did

rather than our discussion --

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THE WITNESS:

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MR. JACOBS:

Got it.
-- then I don't have to engage

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in privilege discussions each time.

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THE WITNESS:

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MR. ZELLER:

Right.
Just generally speaking, avoid

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disclosing the substance of the communications you had

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with your counsel.

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THE WITNESS:

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MR. ZELLER:

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exhibits.

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Got it.
I put in front of you two

Exhibit 841.

One is Exhibit 1171, and another one is

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Q

Are -- are either of these photographs --

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A

Oh, 841.

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Q

Yes.

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Okay.

Or do they include photographs that you're
referring to?
A

So document 1171 is of no material value, on

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account of it appearing to be largely blank, with the

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exception of some very poor-quality shadowy images.

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So I would prefer to not refer to that in any way or

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form.

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Document 841 for the most part resembles

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photographs that I reviewed yesterday, but there

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appear differences that may be immaterial to the

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questioning.

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So let's, for the record, please mark as the

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version of 841 that now has Mr. Stringer's marking on

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it on page '18791 as Exhibit 841A.

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(Document marked Exhibit 841A

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for identification.)

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MR. ZELLER:

If we can go back to

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Exhibit 1170.

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those mockups back?

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MR. JACOBS:

That would be great.

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MR. ZELLER:

Okay.

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So let's go off the

record.

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And by the way, did you want to send

THE VIDEOGRAPHER:

The time is 2:42 p.m., and

we are off the record.

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(Recess taken.)

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THE VIDEOGRAPHER:

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The time is 2:55 p.m., and

we are back on the record.

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MR. ZELLER:

Direct your attention to the

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'889 design patent, which was previously marked as

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Exhibit 8.

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MR. JACOBS:

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THE WITNESS:

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MR. ZELLER:

I'll just hand you my copy.
All right.
Q.

Thank you.

Please take a look at

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Figure 1.

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A

Yes.

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Q

You'll see on Figure 1 that at least as part
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of the -- at least along part of the -- generally what

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we'll call the perimeter area of the front, there's a

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darker, thicker line?

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A

Which figure are you looking at?

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Q

This is Figure 1.

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A

Figure 1.

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Q

Do you see where at least on part of the

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perimeter, there is a line that is darker and thicker?
A

Which would be the second line from the left

on the left side of the figure.
Q

Right, on the left side.

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And then on the bottom portion of Figure 1,

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it appears to run -- to be the line that is -- that

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the -- is the edge, at least from that perspective?

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A

It looks like the edge, yes.

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Q

Do you know what that thicker line depicts?

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A

It's -- on the lower edge, it's the -- it

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looks like the edge of the housing.

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Q

Well, what about on the left side?

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A

It's the edge of the housing.

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Q

So on both the left side and the bottom side,

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you construe that darker, thicker line to be where the

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edge of the housing is?

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A

I do construe that.

And it's -- my

assumption is confirmed by looking at Figure 3 that
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J U R A T

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I, CHRISTOPHER STRINGER, do hereby certify

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under penalty of perjury that I have read the

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foregoing transcript of my deposition taken

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on November 4, 2011; that I have made such

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corrections as appear noted herein in ink,

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initialed by me; that my testimony as

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contained herein, as corrected, is true and

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correct.

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DATED this ____ day of _____________, 2011,

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at _____________________________, California.

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__________________________________

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SIGNATURE OF WITNESS

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