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

Filing 1204

Declaration of Deok Keun Matthew Ahn in Support of #1203 Claim Construction Statement filed byApple Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Related document(s) #1203 ) (Jacobs, Michael) (Filed on 7/10/2012)

Exhibit 4

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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,

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Defendants.
_____________________________/

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C O N F I D E N T I A L
A T T O R N E Y S' E Y E S O N L Y
O U T S I D E
C O U N S E L

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VIDEOTAPED DEPOSITION OF RAVIN BALAKRISHNAN, Ph.D.
SAN FRANCISCO, CALIFORNIA
TUESDAY, AUGUST 16, 2011

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BY: ANDREA M. IGNACIO HOWARD, CSR, RPR, CCRR, CLR
CSR LICENSE NO. 9830
JOB NO. 41176
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MR. LIEN:

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MR. BRIGGS:

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MR. AHN:

Matthew Ahn, of Morrison &

Foerster, on behalf of Apple.

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Todd Briggs, representing

Samsung.

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Henry Lien, representing Samsung.

THE VIDEOGRAPHER:

Will the court reporter

please swear in the witness.

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RAVIN BALAKRISHNAN, Ph.D.,

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having been sworn as a witness,

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by the Certified Shorthand Reporter,

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testified as follows:

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THE VIDEOGRAPHER:

You may proceed.

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EXAMINATION BY MR. JOHNSON

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MR. JOHNSON:

Good morning, Mr. Balakrishnan.

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Q

Have -- you've been deposed before?

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A

Yes, I have.

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Q

Okay.

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A

About a half a dozen times, roughly.

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Q

I'll try to ask coherent questions, and if

About how many times?

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you -- hopefully you'll provide some answers, and

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if -- to the extent that you don't understand any of
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have to align with the screen.
Q

So you can have -- you can have the edge of

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the boundary be something other than the edge of the

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screen?

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MR. MONACH:

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MR. JOHNSON:

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thing.
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Objection; vague.
I think we're saying the same

I'm just -- I'm really bad with trying to -I want to make sure I say the right thing

with my understanding of what you're saying, too.
Q

So all I'm saying is, under your view of an

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electronic document, an electronic document can have a

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boundary that is internal to the screen or, you know,

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doesn't have to be at the edge of the screen --

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MR. MONACH:

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MR. JOHNSON:

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MR. MONACH:

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Objection; form.
Q.

-- right?

Objection; calling for a legal

conclusion; asked and answered.

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You can do it again.

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THE WITNESS:

So as I answered earlier, and

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my opinion is that the boundary of the electronic

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document, in this case, this -- this edge is one

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boundary of it, does not have to match the edge of the

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screen, yes.

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MR. JOHNSON:
Q

Okay.

So just, during the lunch, I had the guys
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just print up a sheet of paper with some squares on it

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for me.

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quadrants that are labeled 1 to 36 on here are the

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entire -- that's this -- that's the screen of the

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display.

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So if you imagine, sir, that the -- the

So the whole -- the big rectangular is the

screen?

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Q

Right.

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A

Okay.

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Q

So you can have an electronic document that

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consists of smaller grids within the screen; right?

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MR. MONACH:

Object to the form of the

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question; calling for a legal conclusion; incomplete

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hypothetical; asking for a new opinion.

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THE WITNESS:

It would depend on what one

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considers to be the electronic document.

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one of these, let me call it sub rectangles that you

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can label with numbers.

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of them.

It could be

It could be some combination

It --

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MR. JOHNSON:

Right.

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THE WITNESS:

-- really depends on -- depends

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on how, you know, you want to put the boundary around

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it.

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MR. JOHNSON:

Q.

So you could draw a

boundary, hypothetically, around squares 15, 16, 17,
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18, 21 and 22, 23 and 24?

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A

Say -- sorry.

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Q

22, 23, and 24.

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A

So kind of like this?

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Q

Yeah, go ahead and draw it.

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MR. MONACH:

15, 16, 17, 18, 21?

Object to the -- object to the

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form of the question as vague and ambiguous;

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incomplete hypothetical.

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MR. JOHNSON:

Q.

Make it a little more

noticeable for me.

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A

We've got black lines around it.

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Q

Yeah, okay.

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So that could be an electronic document;
right?
A

Depend --

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MR. MONACH:

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THE WITNESS:

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Depending on the context, depending on the

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Same objection.
Sorry.

I jumped in there.

application, it could be.

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MR. JOHNSON:

Okay.

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THE WITNESS:

Or some other collection.

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MR. JOHNSON:

Q.

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It's not limited to that;

right?

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A

I would not say it's limited.

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Q

So it could be also a -- a six-by-six grid or
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a two-by-two grid?

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MR. MONACH:

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MR. JOHNSON:

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Q.

-- or even a three-by-three

grid, I guess --

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MR. MONACH:

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MR. JOHNSON:

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MR. MONACH:

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Same --

Same objection.
Q.

-- right?

Vague and ambiguous; incomplete

hypothetical.

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THE WITNESS:

Again, it would depend on the

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def- -- you know, how -- whoever is being the

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application, what they consider to be the document --

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to be the extent of the document, yes.

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MR. JOHNSON:

MR. MONACH:
before.

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MR. JOHNSON:
Q

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MR. JOHNSON:

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Okay.

Does the grid need to be a rectangle?
MR. MONACH:

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Depending on the context, it --

it could take on different forms.

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Objection; same objection as

Also, misstates the prior testimony.
THE WITNESS:

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Under your view, though, it

could be those, those grids; right?

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Q.

Same objection.
Strike it.

Let me ask it

again.
Q

Does -- would the grid need to be a rectangle

in order for it to be an electronic document?
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MR. MONACH:

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THE WITNESS:

Same objection.
Well, I think the electronic

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document doesn't have to be anything to do with the

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grid.

It --

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MR. JOHNSON:

Okay.

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THE WITNESS:

-- it's any visual thing with

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defined boundaries --

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MR. JOHNSON:

So -- so it --

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THE WITNESS:

-- by my definition of it.

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MR. JOHNSON:

Q.

Could -- if you -- if you

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drew lines around squares one, two, and eight, for

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example --

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A

One, two, and eight.

So this kind of, I

guess, inverted L?
Q

Yeah.

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Could that be an electronic document?

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MR. MONACH:

Objection; vague; incomplete

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hypothetical; calling for a legal conclusion and a new

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opinion.

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THE WITNESS:

So to the extent that I haven't

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considered this, this style of odd-shaped documents

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prior to coming here today, just thinking on the fly

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here, a -- based on my understanding of, you know,

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boundaries, that wouldn't -- would satisfy the notion

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of a boundary, again, depending on the context of the
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application and what a document means in that context.

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MR. JOHNSON:

Q.

If -- going back to the

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original two-by-four rectangle of 15, 16, 17, 18, 21,

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22, 23, 24, if you look at that, is it fair to say

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that this line right here is an edge of the electronic

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document?

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A

The line --

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MR. MONACH:

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Hang on a second.

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THE WITNESS:

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MR. MONACH:

Object.

I'm sorry.
Objection; vague and ambiguous;

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incomplete hypothetical; calling for a legal

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conclusion and a new opinion.

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THE WITNESS:

this prior to this, you putting this in front of me.

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So, again, I haven't considered

Thinking on the fly here, so you're saying
this line -- the vertical line between --

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MR. JOHNSON:

Since the witness is pointing,

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I just want to make sure you get what he's pointing

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to.

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Yeah.

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THE WITNESS:

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The vertical line between 14

and 15, and 20 and 21, here, this --

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Q

That -- that's right, yeah.

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A

-- line.
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Given this hypothetical scenario, where

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you're saying the -- this two -- I'm sorry --

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two-by-four grid of elements -- rectangle is an

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electronic document in this hypothetical scenario,

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that would be indeed, I guess, one boundary one

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edge --

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Q

Okay.

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-- of that.

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Q

So let's just label that "edge" for me, just

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so I can keep track of it after the deposition.

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Just --

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What do you want me to call it?

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Q

Just call it "edge," and then maybe put it

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down at the bottom and draw an arrow down to the line,

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or something.

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A

Like this?

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Q

Yeah.

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A

Okay.

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Q

Okay.

And then, is it fair to say that

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the -- the -- the Blocks 14 and 20 are an area beyond

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the edge --

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MR. MONACH:

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MR. JOHNSON:

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Same -Q.

-- of the electronic

document?
MR. MONACH:

Same objection.

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THE WITNESS:

So, again, considering this for

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the first time here, I haven't thought this in detail,

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if, in this hypothetical scenario, the document is

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this two-by-four grid, labelled 15, 16, 17, 18, 21,

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22, 23, 24, if that is the document, then anything

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beyond that edge would be an area outside the document

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beyond the edge of the document.

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So given those hypotheticals, area 14 and 20

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would be beyond the edge of the document, given that

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scenario.

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MR. JOHNSON:

Okay.

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Q

So can you just label that "beyond the edge"?

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A

How -- just label each one of these?

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Q

Yeah, or just draw -- however you want.

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A

Well, we're getting a lot of drawings on this

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thing, so I don't know.
Q

"Beyond."

Speaking of which, let me just mark the --

the grid as Exhibit 104.

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A

Put it on the bottom?

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Q

Thanks.

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(Phone marked Balakrishnan Exhibit 104
for identification.)
MR. JOHNSON:

Q.

Can you look at the Galaxy

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Tab, which is Exhibit 101, and pull up for me the

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contacts application.
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CERTIFICATE OF REPORTER

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I, ANDREA M. IGNACIO HOWARD, hereby certify

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that the witness in the foregoing deposition was by me

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duly sworn to tell the truth, the whole truth, and

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nothing but the truth in the within-entitled cause;

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That said deposition was taken in shorthand

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by me, a Certified Shorthand Reporter of the State of

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California, and was thereafter transcribed into

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typewriting, and that the foregoing transcript

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constitutes a full, true and correct report of said

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deposition and of the proceedings which took place;

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That I am a disinterested person to the said
action.

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IN WITNESS WHEREOF, I have hereunto set my
hand this 17th day of August, 2011.

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___________________________________________
ANDREA M. IGNACIO HOWARD, RPR, CCRR, CLR, CSR No. 9830

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