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 5

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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APPLE INC., A CALIFORNIA
CORPORATION,
PLAINTIFF,

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:
VS.
: CASE NO.
: 11-CV-01846-LHK
SAMSUNG ELECTRONICS, CO.,
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LTD., A KOREAN BUSINESS
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ENTITY; SAMSUNG ELECTRONICS :
AMERICA, INC., A NEW YORK
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CORPORATION; SAMSUNG
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TELECOMMUNICATIONS AMERICA, :
LLC, A DELAWARE LIMITED
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LIABILITY COMPANY,
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DEFENDANTS
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VIDEOTAPED DEPOSITION OF ANDRIES VAN
DAM, an Expert Witness in the above-entitled
cause, taken on behalf of the Plaintiff,
before Barbara Warner, RPR, Notary Public in
and for the State of Rhode Island, at the
offices of Allied Court Reporters, 115-21 Phenix
Avenue, Cranston, RI, on May 2, 2012
at 9:00 A.M.

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TSG Job # 49185
TSG Reporting - Worldwide

877-702-9580

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(DEPOSITION COMMENCED AT 9:16 A.M.)

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ANDRIES VAN DAM

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THE VIDEOGRAPHER:

We are on the

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record.

This is the beginning of disk number

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1 of the deposition of Andries van Dam in the

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matter of Apple, Inc., versus Samsung

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Electronics Company, Limited, United States

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District Court for the Northern District of

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California, C.A. Number 11-CV-01846-LHK.

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This deposition is being held in Cranston,

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Rhode Island on May 2, 2012.

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9:16 on the video.

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I am the videographer.

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Barbara Warner, in association with TSG

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Reporting.

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identify themselves for the record.

09:16

MR. KREEGER:

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The time is

My name is William White,
The court reporter is

Would the attorneys please

Matthew Kreeger from

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09:16

Morrison & Foerster for Apple.

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MR. TUNG:

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Mark Tung from Quinn

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Emanuel for Samsung, and with me is Ailen

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Kim.

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ANDRIES VAN DAM

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Being duly sworn, deposes and

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testifies as follows:
THE REPORTER:

09:16
Would you state

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electronic document, you considered it

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legitimate to chose any arbitrary collection

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of tiles in the world view; is that right?

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MR. TUNG:

Objection.

Beyond the

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scope.

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A. If you're asking me, can you have an

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electronic document that has one or more

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tiles without adding implicitly, and does

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that collection as a single electronic

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document follow the '381 patent, without

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adding that, I would say yes, you are free to

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chose any number of tiles, as long as you

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know which ones you're talking about.

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have to be identifiable.

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Is a single tile on the world view an

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electronic document?

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A. It could be so construed.

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any implication that therefore it should obey

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the '381 limitations.

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Is a Microsoft Word document an electronic

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document?

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A. Again, without asking implicitly, that

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could be read on the '381 elements.

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certainly an electronic document.

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What about a paragraph within a Microsoft

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Q.

Q.

Q.

Mischaracterizes testimony.

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They

Again, without

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It is

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document, is that an electronic document?

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A. It could be, and it could not be.

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depends on how fine-grained you want to be in

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your definition.

My definition of electronic

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document allows hierarchy, but I would say it

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depends upon what kind of paragraph we are

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talking about.

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numbered identified paragraph as in an expert

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report, I would say it might be useful to

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It

If you are talking about a

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think of that as an electronic document.

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you are talking about I have a typesetting

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program and it produces paragraphs, then

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those paragraphs don't really have a separate

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identity, and I would find it not very useful

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to consider them an electronic document, but

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there is no hard-and-fast rule.

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For purposes of the '381 patent, as it uses

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the term electronic document, would you

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consider a paragraph within a Microsoft Word

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document to be a separate electronic

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document?

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A. I have never even thought about whether I

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should try to perform the '381 analysis to a

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paragraph.

If I'm looking at an interior

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paragraph in a Microsoft Word document, I

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Q.

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If

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C E R T I F I C A T E
I, Barbara Warner, a Notary Public in
and for the State of Rhode Island, duly
commissioned and qualified to administer
oaths, do hereby certify that the foreging
Deposition of Andries van Dam, a Witness in
the above-entitled cause, was taken before me
on behalf of the Plaintiff, at the offices of
Allied Court Reporters, 115 Phenix Avenue,
Cranston, Rhode Island on May 2, 2012 at 9:00
A.M.; that previous to examination of said
witness, who was of lawful age, he was first
sworn by me and duly cautioned to testify to
the truth, the whole truth, and nothing but
the truth, and that he thereupon testified in
the foregoing manner as set out in the
aforesaid transcript.
I further testify that the foregoing
Deposition was taken down by me in machine
shorthand and was later transcribed by
computer, and that the foregoing Deposition
is a true and accurate record of the
testimony of said witness.

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Pursuant to Rules 5(b) and 30(f) of the
Federal Rules of Civil Procedure, original
transcripts shall not be filed in Court;
therefore, the original is delivered to and
retained by Plaintiff's attorney, Matthew
Kreeger, Esquire.
Correction and signature pages were sent
to Defendant's Counsel, Mark Tung, Esquire.

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IN WITNESS WHEREOF, I have hereunto set
my hand and seal this 2nd day of May, 2012.

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__________________________________________
BARBARA WARNER, NOTARY PUBLIC/CERTIFIED
COURT REPORTER
*My commission expires October 15, 2014
TSG Reporting - Worldwide

877-702-9580