Apple Inc. v. Samsung Electronics Co. Ltd. et al
Filing
1184
Administrative Motion to File Under Seal Re Apples Motions In Limine filed by Apple Inc.. (Attachments: #1 Declaration Of Cyndi Wheeler In Support Of Apples Administrative Motions To File Documents Under Seal Re Apples Motions In Limine, #2 [Proposed] Order Granting Apple Inc.s Administrative Motion To File Documents Under Seal Re Apples Motions In Limine, #3 Apples Motions In Limine, #4 Declaration Of Jason Bartlett In Support Of Apples Motions In Limine, #5 Exhibit 1, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Proposed Order)(Jacobs, Michael) (Filed on 7/5/2012)
Exhibit 9
Page 2131
BEFORE THE
UNITED STATES INTERNATIONAL TRADE COMMISSION
___________________________
In the Matter of:
)
CERTAIN ELECTRONIC DIGITAL )
MEDIA DEVICES AND
337-TA-796
)
COMPONENTS THEREOF
Investigation No.
)
___________________________
Main Hearing Room
United States
International Trade Commission
500 E Street, Southwest
Washington, D.C.
Thursday, June 7, 2012
Volume 6
The parties met, pursuant to the notice of the
Judge, at 8:45 a.m.
BEFORE:
THE HONORABLE THOMAS B. PENDER
Page 2132
1
APPEARANCES:
2
3
For Complainant Apple, Inc.:
4
HAROLD J. McELHINNY, ESQ.
5
MICHAEL A. JACOBS, ESQ.
6
RACHEL KREVANS, ESQ.
7
MATTHEW KREEGER, ESQ.
8
Morrison & Foerster LLP
9
425 Market Street
10
San Francisco, CA 94105
11
12
ALEXANDER J. HADJIS, ESQ.
13
KRISTIN L. YOHANNAN, ESQ.
14
Morrison & Foerster LLP
15
2000 Pennsylvania Avenue, N.W.
16
Washington, D.C. 20006
17
18
CHARLES S. BARQUIST, ESQ.
19
Morrison & Foerster LLP.
20
555 West Fifth Street
21
Los Angeles, CA 90013
22
23
24
25
Page 2133
1
APPEARANCES (Continued):
2
3
For Respondents Samsung Electronics Co.,
4
Ltd., Samsung Electronics America, Inc., and
5
Samsung Telecommunications America, LLC:
6
CHARLES K. VERHOEVEN, ESQ.
7
Quinn Emanuel Urquhart & Sullivan LLP
8
50 California Street, 22nd Floor
9
San Francisco, CA 94111
10
11
KEVIN P.B. JOHNSON, ESQ.
12
Quinn Emanuel Urquhart & Sullivan LLP
13
555 Twin Dolphin Drive, 5th Floor
14
Redwood Shores, CA 94065
15
16
RYAN S. GOLDSTEIN, ESQ.
17
MICHAEL T. ZELLER, ESQ.
18
Quinn Emanuel Urquhart & Sullivan LLP
19
865 South Figueroa St., 10th Floor.
20
Los Angeles, CA 90017
21
22
ERIC HUANG, ESQ.
23
Quinn Emanuel Urquhart & Sullivan LLP
24
51 Madison Avenue, 22nd Floor
25
New York, New York 10010
Page 2134
1
APPEARANCES (Continued):
2
3
For Respondents Samsung Electronics Co.,
4
Ltd., Samsung Electronics America, Inc., and
5
Samsung Telecommunications America, LLC:
6
JOSEPH MILOWIC, III, ESQ.
7
Quinn Emanuel Urquhart & Sullivan LLP
8
51 Madison Avenue, 22nd Floor
9
New York, New York 10010
10
11
S. ALEX LASHER, ESQ.
12
PAUL BRINKMAN, ESQ.
13
Quinn Emanuel Urquhart & Sullivan LLP
14
1101 Pennsylvania Avenue
15
Washington, D.C. 20004
16
17
MARC K. WEINSTEIN, ESQ.
18
Quinn Emanuel Urquhart & Sullivan LLP
19
NBF Higiya Building, 25F, 1-1-7
20
Uchisaiwai-cho, Chiyoda-ku,
21
Tokyo, 100-0011, Japan
22
23
24
25
Page 2135
1
APPEARANCES (Continued):
2
3
4
5
6
7
For ITC Staff:
REGINALD LUCAS, ESQ.
Investigative Attorney
DAVID LLOYD, ESQ.
Supervisory Attorney
8
U.S. International Trade Commission
9
500 E Street, S.W.
10
Washington, D.C. 20436
11
12
Attorney-Advisor:
13
GREGORY MOLDAFSKY, ESQ.
14
Attorney-Advisor
15
Office of Administrative Law Judges
16
U.S. International Trade Commission
17
500 E Street, S.W.
18
Washington, D.C. 20436
19
20
21
Also Present:
Albert Kim, Interpreter
Ann Park, Check Interpreter
22
23
24
25
*** Index appears at end of transcript ***
Page 2372
1
JUDGE PENDER:
And the thing you
2
should be showing the witness is the backside
3
and front.
4
I would not let you have gotten away with that
5
inside the hearing room, had he objected or
6
Mr. Barquist had objected, if they hadn't, then
7
it was up to them.
And Mr. McElhinny's exactly right.
8
But here they are, they're objecting
9
now, and I'm going to sustain, if there's any
10
testimony based on that kind of situation, I'll
11
sustain an objection.
Is that clear?
12
MR. McELHINNY:
13
JUDGE PENDER:
14
inherently misleading.
15
The last -Because I think it's
MR. McELHINNY:
I believe, literally,
16
the last issue, Your Honor, is what we call the
17
nonprior art, and this is the mirror image of
18
the judicial notice.
19
patents which, as I pointed out to you, were
20
never -- post-dated patents that were never
21
shown to any witnesses.
22
So we had a group of
There were also a group of post-dated
23
patents that were shown to witnesses at
24
depositions.
25
JUDGE PENDER:
Now, we're talking
Page 2500
1
(The following list of exhibits was
2
given to the court reporter and received in
3
evidence for the Robert Anders Rebuttal:
4
CX-2430C, RX-3631, RDX-32, RDX-33, RDX-37,
5
RX-0365, RX-0371, RX-0485, RX-0487, RX-0516,
6
RX-0591, RX-0595, RX-0621, RX-0691, RX-0729,
7
RX-1031, RX-1961, RX-2460, RX-2539C, RX-2739,
8
RX-2750, RPX-81, RPX-89, RPX-92, RPX-106,
9
RPX-118, RPX-124, RPX-144, RPX-149, RPX-156,
10
RPX-161, RPX-164, RPX-165, RPX-168, JX-0001,
11
JX-0002, JX-0082, JX-0083, JX-0084, and
12
JX-0100.)
13
14
15
16
17
18
19
20
21
22
23
24
25
(Whereupon, at 4:50 p.m., the hearing
was adjourned.)
Page 2577
1
CERTIFICATE OF REPORTER
2
TITLE:
3
INVESTIGATION NO:
4
HEARING DATE:
5
LOCATION:
6
NATURE OF HEARING:
7
I hereby certify that the foregoing/attached
transcript is a true, correct and complete record of
the above-referenced proceedings of the U.S.
International Trade Commission.
Date: June 7, 2012
8
9
10
11
12
Certain Electronic Digital Media Devices
337-TA-796
June 7, 2012
Washington, D.C.
Volume 6
SIGNED:CYNTHIA OTT______________________
Signature of the Contractor of the
Authorized Contractor's Representative
1220 L Street, N.W, Suite 600
Washington, D.C. 20005
13
18
I hereby certify that I am not the Court
Reporter and that I have proofread the
above-referenced transcript of the proceedings of the
U.S. International Trade Commission, against the
aforementioned Court Reporter's notes and recordings,
for accuracy in transcription in the spelling,
hyphenation, punctuation and speaker identification
and did not make any changes of a substantive nature.
The foregoing/attached transcript is a true, correct
and complete transcription of the proceedings.
19
SIGNED:
14
15
16
17
H. NGUYEN ____________________________
Signature of Proofreader
20
21
22
I hereby certify that I reported the
above-referenced proceedings of the U.S. International
Trade Commission and caused to be prepared from my
tapes and notes of the proceedings a true, correct and
complete verbatim recording of the proceedings.
23
24
25
SIGNED:CYNTHIA OTT ___________________________
Signature of the Court Reporter
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