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

Filing 1177

REPLY (re #1089 Administrative Motion to File Under Seal ) Apples Reply Regarding Design Patent Claim Construction filed byApple Inc.. (Attachments: #1 Declaration Of Jason R. Bartlett In Support Of Apples Reply Regarding Design Patent Claim Construction, #2 Exhibit 1, #3 Exhibit 2)(Jacobs, Michael) (Filed on 7/3/2012)

Exhibit 2

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IN THE UNITED STATES DISTRICT COURT

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OF NORTHERN CALIFORNIA

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San Jose Division

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Case No. 11-CV-846 LHK

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_______________________________________

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APPLE, INCORPORATED,

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Plaintiff,
v.
SAMSUNG ELECTRONICS COMPANIES,

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et al,

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Defendants.

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H I G H L Y

C O N F I D E N T I A L

* ATTORNEYS' EYES ONLY *

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_______________________________________ )

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DEPOSITION OF PETER BRESSLER

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Washington, D.C.

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April 24, 2012

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Reported by:

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Job No. 48797

Mary Ann Payonk, RDR-CRR

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PETER BRESSLER,

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called as a witness, having been duly

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sworn, was examined and testified as

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follows:

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EXAMINATION

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BY MR. ZELLER:

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Q.

Good morning.

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A.

Good morning.

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MR. ZELLER:

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Let's please mark as

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Exhibit 3510 a copy of United States

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design patent 504889.

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(P. Bressler Exhibit No. 3510 was marked

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for identification.)

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MR. ZELLER:

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Please mark as

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Exhibit 3511 a copy of United States

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design patent 593087.

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(P. Bressler Exhibit No. 3511 was marked

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for identification.)

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MR. ZELLER:

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Please mark as

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Exhibit 3512 a copy of United States

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design patent 618677.

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(P. Bressler Exhibit No. 3512 was marked

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for identification.)

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MR. ZELLER:

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Please mark as

Exhibit 3513 a copy of United States
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Do you see that?

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A.

I do.

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Q.

As we talked about, when you compare

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figure 1 and figure 3, there are diagonal lines

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on both of those figures.

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A.

Correct.

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Q.

And you understand that figure 1 and

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figure 3 are different perspectives of the top

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view of the electronic device, design?

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A.

Top view?

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Q.

Right.

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A.

Is that how it's stated?

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Q.

If you look at the description,

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you'll see.

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A.

Okay.

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Q.

Then you understand that figures 2

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and 4 are views of the bottom --

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A.

Yes.

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Q.

-- of the electronic device design.

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So you'll see figures 1 and 3 and figures 2 and

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4 correspond to one another.

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A.

Correct.

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Q.

Do you have any understanding or

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explanation as to why there are diagonal lines

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on figure 2, but not on figure 4, and why the

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fact that those diagonal lines are also, in

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fact, on both figures 1 and figure 3?

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MR. BARQUIST:

Objection, vague and

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ambiguous, misstates the document.

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A.

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I believe that the diagonal lines

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included in figure 2 are used to help identify

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the topography of figure 4 to illustrate that

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it is flat.

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Q.

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Is the bottom of the design shown in

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the '889 design patent reflective, translucent,

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or transparent?

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A.

I don't believe so.

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Q.

Directing your attention to figure 9,

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you'll see that there's a human figure in

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dotted line, at least in part.

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hand is still not excluded.

You'll see his

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A.

Yes.

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Q.

But setting that aside for a moment,

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you generally understanding that the depiction

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of the human figure here is to show orientation

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and environment for the device?

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A.

That's what it explains in the

description, yes.
Q.

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Do you have an understanding as to

whether or not this tablet computer design that
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C E R T I F I C A T E
DISTRICT OF COLUMBIA:

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I, MARY ANN PAYONK, CRR-RDR, CBC, CCP,

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CLR, shorthand reporter, do hereby certify:

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That the witness whose deposition is

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hereinbefore set forth was duly sworn, and that

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such deposition is a true record of the

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testimony given by such witness.

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I further certify that I am not related

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to any of the parties to this action by blood

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or marriage, and that I am in no way interested

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in the outcome of this matter.

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IN WITNESS WHEREOF, I have hereunto set
my hand this 24th day of April, 2012.

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_______________________________________

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MARY ANN PAYONK, CRR-RDR, CBC, CCP, CLR

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Shorthand Reporter

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