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

Filing 1199

Proposed Order re #1179 Administrative Motion to File Under Seal Samsung's Reply In Support of Opening Memorandum re Claim Construction by Apple Inc.(a California corporation). (Attachments: #1 Declaration of Cyndi Wheeler ISO of Samsung's Administrative Motion to File Docs Under Seal, #2 Exhibit One to Declaration of Cyndi Wheeler)(Bartlett, Jason) (Filed on 7/10/2012)

EXHIBIT 1

EXHIBIT 1
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,

)
)
)
Plaintiff,
)
)
vs.
)
)
SAMSUNG ELECTRONICS CO., LTD,
)
a Korean business entity;
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SAMSUNG ELECTRONICS AMERICA,
)
INC., a New York corporation;
)
SAMSUNG TELECOMMUNICATIONS
)
AMERICA, LLC, a Delaware
)
limited liability company
)
)
Defendants.
)
________________________________)

No: 11-CV-01846-LHK

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**HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY**

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DEPOSITION OF QUIN HOELLWARTH

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Redwood Shores, California

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Tuesday, October 25, 2011

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Reported By:

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LINDA VACCAREZZA, RPR, CLR, CRP, CSR. NO. 10201

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JOB NO. 42859
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Tuesday, October 25, 2011

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9:32 a.m.

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Videotaped deposition of QUIN

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HOELLWARTH, held at Quinn Emanuel

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Urquhart & Sullivan, LLP, 555 Twin

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Dolphin Drive, Redwood Shores,

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California, pursuant to

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Subpoena before Linda Vaccarezza, a

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Certified Shorthand Reporter of the

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State of California.

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

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QUINN EMANUEL URQUHART & SULLIVAN

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Attorneys for Defendants

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865 South Figueroa Street

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Los Angeles, California 90017

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BY:

MICHAEL T. ZELLER, ESQ.

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ANNA NEILL, ESQ

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[e-mail]

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[e-mail]

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MORRISON & FOERSTER

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Attorneys for Plaintiff

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755 Page Mill Road

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Palo Alto, California 94304

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BY:

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ERIK J. OLSON, ESQ.
[e-mail]

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also present:

Wendy Anna Herby,
Apple in-house Counsel

Videographer:

Jason Kocol

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THE VIDEOGRAPHER:

This is the

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start of tape labeled Number 1 of the

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videotaped deposition of Quin Hoellwarth

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in the matter Apple Incorporated versus

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Samsung Electronics Company, Limited, in

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the United States District Court,

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Northern District of California, San Jose

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division.

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This deposition is being held at 555 Twin

Case number 11-CV-01846-LHK.

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Dolphin Drive, Redwood Shores,

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California, on October 25th, 2011.

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approximately 9:32 a.m.

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It is

My name is Jason Kocol and I'm

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a legal video specialist from TSG

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Reporting, Incorporated, headquartered at

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747 Third Avenue, New York, New York.

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The court reporter is Linda Vaccarezza in

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association with TSG Reporting.

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Will counsel please introduce
yourselves for the record.
MR. ZELLER:

Mike Zeller for

Samsung.

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MS. NEILL:

Anna Neill for Samsung.

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MR. OLSON:

Erik Olson of Morrison

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& Foerster on behalf of Apple and the

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witness.

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THE VIDEOGRAPHER:

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Will the court

reporter please swear in the witness.

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QUIN HOELLWARTH,

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having been duly

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sworn, by the Certified Shorthand

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Reporter, was examined and testified as

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follows:

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EXAMINATION
BY MR. ZELLER:

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Q.

Good morning.

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A.

Good morning.

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Q.

Please tell us and spell your full

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name for the record.

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A.

Q-U-I-N, C as a

middle initial, Hoellwarth, H-O-E-L-L-W-A-R-T-H.

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Quin Hoellwarth.

Q.

Have you ever been known as or

gone by any other name?

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A.

I have not.

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Q.

And are you currently employed?

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A.

I am.

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Q.

By whom?

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A.

Apple.

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Q.

How long have you worked for

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Apple?

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12:13 p.m.)

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THE VIDEOGRAPHER:
12:13 p.m.

The time is

We are on the record.

BY MR. ZELLER:
Q.

You've an opportunity to review

the 889 design patent?

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A.

I have.

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Q.

Do you recognize this as an issued

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patent that you worked on the application for?

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A.

Yes.

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Q.

And you did this back when you

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were with Beyer Weaver & Thomas?

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A.

Yes.

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Q.

Was your involvement complete

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prior to the time that you went and began working

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as an Apple employee or did your work on this

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design patent application continue on?

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MR. OLSON:

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mean the prosecution?

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MR. ZELLER:

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THE WITNESS:

Did he work on, you

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in 2007.

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Q.

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Yes.
I started at Apple

This issued in 2005.

So the answer is that it was

completed before you left?
A.

Yes.

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Q.

Before you left Beyer Weaver &

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A.

Yes.

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Q.

And generally speaking, what did

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Thomas?

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you do in connection with the application that

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resulted in the 889 design patent?

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A.

What do you mean, generally do?

Can you be more specific?
Q.

Well, please tell me what the

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nature of your tasks and responsibilities were in

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connection with the 889 design patent in the

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prosecution?

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A.
and filed it.

I prepared the patent application
Is that what you mean?

m

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m

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out the facts from you.

What I can say is is

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that, that these -- and I'm talking about exactly

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in this form is how it was produced by an Apple

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prosecuting firm, the Stern firm, as I understand

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it.

That's my best understanding.

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A.

This is from the file wrapper.

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Q.

I believe that there are photos

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that are in the file wrapper that I'm going to

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ask you about next that I believe correspond to

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these.

But again, I'm just an outside lawyer.

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I'm trying to see how these things are related.

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And that's my -- that's the point of my

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questioning.

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make representations to you about any of this

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because that's part of what I'm trying to find

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out.

So it's a little hard for me to

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MR. OLSON:

Did we provide source

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information for these?

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MR. ZELLER:

I don't think so.

My

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last understanding -- we have asked for

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the native files of these, these images.

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MR. OLSON:

And I'm happy to

address that as well, but go ahead.
MR. ZELLER:

And any original

photographs so that we would have clear

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images of it and the like.

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know, the information we have is pretty

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limited.

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produced by Stern, which I believe took

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over the prosecution, but -- and that's

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probably why it's in possession of them.

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But it doesn't -- we don't know what the

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ultimate source of this was.

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But, you

It was, as I understand it,

It was presumably transferred

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from Beyer Weaver & Thomas at some point

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would be my assumption, but again, that's

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part of what I'm trying to find out.

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maybe if we step back for a minute and

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try some kind of foundational things and

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see if this helps --

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A.

Okay.

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Q.

-- jog your memory on any of

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this.

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patent for a moment.

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So

And let's first focus on the '889 design

A.

Yes.

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Q.

And if you could direct your

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attention to the page of Exhibit 841 that bears

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Bates number APLPROS 0000018789.

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A.

18789?

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Q.

Yes.

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And you'll see this is a

photograph of an individual.

Is this you?

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A.

Yes.

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Q.

And this photograph shows you

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holding a three-dimensional tablet mock-up?

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A.

Yes.

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Q.

Directing your attention to the

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last page of Exhibit 841.
A.

(Witness complies.)

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Q.

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cornucopia of you?

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A.

Yes.

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Q.

Do you know where the photographs

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You'll see that this is a

are?

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mock-up?

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A.

Just to verify, point to what

you're talking about.

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Q.

You'll see that there's an area

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here between the glass surface and then what

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sometimes people call the bezel, there's an

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actual physical gap or groove that runs all

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around the perimeter of the front of the device.

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A.

It does feel that way.

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Q.

And as you can tell from looking

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at the mock-up and also can tell from this

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photograph at 842, underneath that opening, that

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gap or groove, there are a series of holes?

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A.

Are you referring to these holes?

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Q.

Yes.

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A.

Much easier to see in the

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picture.
Q.

And you do see, even though it's a

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little tougher to actually see it in the physical

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mock-up, but you do see that underneath the gap

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or that groove that runs around the front surface

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of the mock-up that there's a series of holes?

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A.

Does -- I can't tell that they are

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holes from what I'm looking at, but there's a

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series of something, a feature.

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Q.

Is there some word you would use

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to describe what those are, if you can't tell

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that they are holes?

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A.

I mean, I would call them a

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feature.

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it seems -- it appears more like a hole, series

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of holes.

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With regards to the device, the picture

Q.

Now, in the course of working on

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the '889 design patent prosecution, did it come

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to your attention that the design had vents that

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ran around the perimeter of the front of the

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device?

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A.

I don't recall.

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Q.

Directing your attention to

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Exhibit 841, and specifically --

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MR. OLSON:

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MR. ZELLER:

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THE WITNESS:

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Let him find 841.
841.
This one.

BY MR. ZELLER:

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Q.

Right.

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A.

Okay.

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Q.

Directing your attention to

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Exhibit 841 and specifically page APLPROS

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0000018791.

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A.

This one?

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Q.

Yes.

Now, you'll see that this

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depicts a closer end view of the corner of the

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mock-up that you had, right?

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A.

Okay.

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Q.

You'll see from this perspective

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that running around the perimeter of the front of

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the device that's shown that there is that

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thicker black line.

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A.

I see a thicker black line.

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Q.

And that corresponds to the groove

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or the gap in the mock-up that you have, correct?

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Do you see that?

MR. OLSON:

Objection.

Lack of

foundation.

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THE WITNESS:

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that is.

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Q.

I don't know what

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Is the physical mock-up that you

have in front of you --

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A.

Yes.

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Q.

-- that your counsel brought and

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photographs of which we have marked as Exhibit

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842 and 843 the mock-up that is depicted here in

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Exhibit 841?
A.

Exhibit 842?

You're saying these

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photos that you took which represents this, are

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you saying is what was in the case?

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Q.

Let me break it down further.

Is

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the physical mock-up that your counsel brought

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the physical mock-up that's depicted in

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Exhibit 841?

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A.

I don't know.

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Q.

Who would know?

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A.

I don't know.

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there's a person.

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Q.

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I don't know that

It may have been Cal Seid.

Directing your attention to

Exhibit 841, specifically page APLPROS 000001879.

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A.

Yes.

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Q.

This is a photograph that was

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submitted to the patent office by Apple in

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connection with the '889 design patent

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prosecution, correct?

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MR. OLSON:

I don't think you're

on the same page.

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THE WITNESS:

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MR. ZELLER:

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MR. OLSON:

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This one?
Yes.
You have a different

number down.

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THE VIDEOGRAPHER:

This marks the

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end of the addendum to Tape Number 5 of

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today's deposition of Quin Hoellwarth,

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and concludes today's deposition.

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The time is 8:47 p.m.

We are

off the record.

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(Time noted: 8:47 p.m.)

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___________________

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QUIN HOELLWARTH

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Subscribed and sworn to before me

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This

day of

, 2011.

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______________________________________

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C E R T I F I C A T E
STATE OF CALIFORNIA

)

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)

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COUNTY OF SAN FRANCISCO )

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I, LINDA VACCAREZZA, a Certified

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California, do hereby certify:Shorthand

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Reporter for the State of

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That QUIN HOELLWARTH, the witness
whose deposition is hereinbefore set

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forth, was duly sworn by me and that such

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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

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related to any of the parties to this

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action by blood or marriage; and that I

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am in no way interested in the outcome of

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this matter.

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IN WITNESS WHEREOF, I have hereunto
set my hand this 26th day of October, 2011.

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________________________________

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LINDA VACCAREZZA, CSR. NO. 10201

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