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

Filing 1140

Administrative Motion to File Under Seal filed by Apple Inc.. (Attachments: #1 Wheeler Declaration in Support of Administrative Motion, #2 Proposed Order, #3 Declaration of Jason R. Bartlett, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22, #26 Exhibit 23, #27 Exhibit 24, #28 Exhibit 25, #29 Exhibit 26, #30 Exhibit 27, #31 Public Declaration of Peter W. Bressler, #32 Exhibit 1, #33 Exhibit 2, #34 Exhibit 3, #35 Exhibit 4, #36 Exhibit 5, #37 Exhibit 6, #38 Exhibit 7, #39 Exhibit 8, #40 Exhibit 9, #41 Exhibit 10, #42 Exhibit 11, #43 Exhibit 12, #44 Exhibit 13, #45 Exhibit 14, #46 Exhibit 15, #47 Exhibit 16, #48 Exhibit 17, #49 Exhibit 18, #50 Exhibit 19, #51 Exhibit 20, #52 Exhibit 21, #53 Exhibit 22, #54 Exhibit 23, #55 Exhibit 24, #56 Exhibit 25, #57 Exhibit 26, #58 Exhibit 27, #59 Exhibit 28, #60 Exhibit 29, #61 Exhibit 30, #62 Exhibit 31, #63 Exhibit 32, #64 Exhibit 33, #65 Exhibit 34, #66 Exhibit 35, #67 Exhibit 36, #68 Exhibit 37, #69 Exhibit 38, #70 Exhibit 39, #71 Exhibit 40, #72 Exhibit 41, #73 Exhibit 42, #74 Exhibit 43, #75 Exhibit 44, #76 Exhibit 45, #77 Exhibit 46, #78 Exhibit 47, #79 Exhibit 48, #80 Exhibit 49, #81 Exhibit 50, #82 Exhibit 51, #83 Exhibit 52, #84 Exhibit 53, #85 Exhibit 54, #86 Exhibit 55, #87 Exhibit 56, #88 Exhibit 57, #89 Exhibit 58, #90 Exhibit 59, #91 Exhibit 60, #92 Exhibit 61, #93 Exhibit 62, #94 Exhibit 63, #95 Exhibit 64, #96 Exhibit 65, #97 Exhibit 66, #98 Exhibit 67, #99 Exhibit 68, #100 Exhibit 69, #101 Exhibit 70, #102 Exhibit 71, #103 Exhibit 72, #104 Exhibit 73, #105 Exhibit 74, #106 Exhibit 75, #107 Exhibit 76, #108 Exhibit 77)(Jacobs, Michael) (Filed on 6/26/2012) Modified on 6/27/2012 pursuant to General Order No. 62, attachment #1 sealed (dhm, COURT STAFF).

Exhibit 25

Attorneys' Eyes Only Pursuant to Protective Order

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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APPLE, INC.,

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Plaintiff

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SAMSUNG ELECTRONICS, LTD.

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et al.,

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vs.

No. 11-CV-01846-LHK

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Defendants
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***

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ATTORNEYS' EYES ONLY

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PURSUANT TO THE PROTECTIVE ORDER

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***

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VIDEOTAPED DEPOSITION OF SEAN ROARTY

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New York, New York

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Wednesday, March 7, 2012

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Reported by:

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THOMAS A. FERNICOLA, RPR

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JOB NO. 47239

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TSG Reporting - Worldwide - 877-702-9580

Attorneys' Eyes Only Pursuant to Protective Order
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March 7, 2012
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9:07 a.m.
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VIDEOTAPED DEPOSITION of SEAN ROARTY, held 09:03 8
at the Offices of Willkie Farr & Gallagher, LLP,
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787 Seventh Avenue, New York, New York,
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before Thomas A. Fernicola, a Registered
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Professional Reporter and Notary Public of the
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State of New York.
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A P P E A R A N C E S:

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MORRISON & FOERSTER
Attorneys for Plaintiff
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425 Market Street
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San Francisco, California 94105

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BY: PATRICK ZHANG, ESQ.
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QUINN EMANUEL URQUHART & SULLIVAN
Attorneys for Samsung
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865 South Figueroa St.
Los Angeles, California 90017
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BY: CURRAN M. WALKER, ESQ.
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09:03

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A P P E A R A N C E S (Continued):
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WILLKIE FARR & GALLAGHER
Attorneys for Bloomberg and the Witness
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787 Seventh Avenue
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New York, New York 10019

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STIPULATIONS

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IT IS HEREBY STIPULATED AND AGREED by and between

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the attorneys for the respective parties herein

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that this examination may be sworn to before any

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Notary Public.

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BY: DEIRDRE N. HYKAL, ESQ.
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ALSO PRESENT:
MATTHEW SMITH, Videographer

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IT IS FURTHER STIPULATED AND AGREED that the

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filing and certification of the said examination

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shall be waived.

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IT IS FURTHER STIPULATED AND AGREED that all

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objections to questions, except as to the form of

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the question, shall be reserved for the time of

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trial.

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This examination shall be furnished to the

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attorney for the witness being examined without

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charge.

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TSG Reporting - Worldwide - 877-702-9580

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other separate person.
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A. Right.
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Q. Did you speak to Mr. Masamichi in
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preparation for today's testimony?
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A. No.
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Q. And is it correct that none of
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Bloomberg's LCD terminals are touch screens?
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A. That's correct.
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Q. So none of the designs that we spoke
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about today were designed to be touch screen
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monitors; is that correct?
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A. That's correct.
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Q. And do you have an understanding as
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to whether different design concepts were
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considered in the development of the Bloomberg
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flat panel display -- actually, let me ask a
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different question.
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Is it your understanding that two
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different designs were considered during the
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development of the Bloomberg flat panel
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display?
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MS. HYKAL: Objection.
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A. Well, I don't think so.
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Q. Is it your opinion that the design
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that was eventually commercially released which
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did not have a translucent covering over the
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LCD display, was a different design than the
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design that was in consideration earlier in the
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development process which had a clear covering
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over the entire front surface?
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MS. HYKAL: Objection.
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A. So can you -- to paraphrase it, are
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you asking me if in my opinion if there are two
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different designs?
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Q. Yes.
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A. I would say they weren't two
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different designs. It was an iteration of the
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original design concept. It wasn't markedly
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different. It was an element changed, but
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there are elements changed, too, in terms of
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the draft angle might be specified at a certain
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degree and then it might get changed by a
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couple of degrees or the base thickness or the
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footprint might change and grow.
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But overall -- the overall appearance
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and the overall approach, in my opinion, was
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the same or mostly similar.
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Q. I believe you testified earlier today
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that the clear covering over the commercially
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released version of the panel was removed for a
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utilitarian use; is that correct?
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MS. HYKAL: Objection.
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A. I'm not sure. I'm not sure if I'm
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understanding you when you say "utilitarian."
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Q. Sure.
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Do you recall giving a reason for why
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the clear panel was removed from the
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commercially released product earlier today?
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A. Yes, I do.
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Q. And what was that reason?
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A. People reacted negatively to the
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mirror or the glare effect, the diminished
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resolution, in their opinion. To them it was
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they preferred to see the screen directly.
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Q. Do you recall whether a design having
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fully translucent front surface was more
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expensive to manufacture than the design that
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did not have the fully translucent front
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surface?
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A. Not specifically. But I would
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imagine it would be, just by nature of more
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material.
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Q. And was it your understanding that
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Bloomberg had a lot of freedom in terms of the
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industrial design for its flat panel displays
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in terms of making it in a number of different
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ways if it wanted to?
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A. Yes.
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Q. And so there's no particular
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functional reason that mandated this particular
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design of the Bloomberg terminal; is that
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correct?
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A. Correct. No functional. Sorry,
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reasoning.
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Q. And is it correct that the Bloomberg
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LCD displays were always sold in pairs? And,
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I'm sorry, actually, I should rephrase.
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And is it correct that the Bloomberg
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LCD displays were always made and provided to
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others in pairs?
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A. Provided to customers in pairs.
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Typically provided internally in pairs,
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although we did allow ourselves the luxury of
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installing a single head as opposed to on a
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stand.
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Q. Are you aware of any instances where
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the Bloomberg LCD terminals were made available
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to customers in a single head configuration?
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A. No.
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MR. ZHANG: I don't have anything
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TSG Reporting - Worldwide - 877-702-9580

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(The exhibits were retained by the
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court reporter to be attached to the
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transcript.)
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______________________
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SEAN ROARTY
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Subscribed and sworn to before me
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this day of
2012.
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_________________________________
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12:06
CERTIFICATE
STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )

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------------------------ INDEX ------------------12:06
ATTORNEY
PAGE
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Mr. Walker
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Mr. Zhang
135
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Mr. Walker
154
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I, THOMAS A. FERNICOLA, Registered
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Reporter and Notary Public within and for
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the State of New York, do hereby certify
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that the within is a true and accurate
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transcript of the proceedings held on
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March 7, 2012.
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That I am not related to any of the
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parties to this action by blood or
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marriage; and that I am in no way
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interested in the outcome of this matter.
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IN WITNESS WHEREOF, I have hereunto
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set my hand this 7th day of March 2012.
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________________________
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THOMAS A. FERNICOLA, RPR
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----------------------- EXHIBITS ----------------- 12:06
S. ROARTY'S
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DESCRIPTION
PAGE LINE 12:06
Exhibit 1 Letter from Scott Hall
14 16
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to Thomas Golden dated February 1,
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2012,
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Exhibit 2 Artist/Designer
49
3
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Renderings,
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Exhibit 2A Enhanced Version of
125 19 12:06
Exhibit 2,
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Exhibit 3 Series of E-Mails, Bates
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No. BLPAS00037 through 39,
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Exhibit 4 Renderings of 17 and
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19-inch flat panels,
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Exhibit 4A Enhance Version of
125 22 12:06
Exhibit 4,
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Exhibit 5 Documents re: Bloomberg
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flat panels,
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Exhibit 5A Enhance Version of
125 25 12:06
Exhibit 5,
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Exhibit 6 E-Mail from Alex Chong
96 13 12:06
to Mari Ozolins dated 8/28/02,
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Exhibit 7 Copy of Fax,
100 22
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TSG Reporting - Worldwide - 877-702-9580

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