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

Filing 1209

Declaration of John D'Amato in Support of #1208 Administrative Motion to File Under Seal Samsung's Oppositions to Apple's Motions in Limine filed bySamsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Attachments: #1 Exhibit A to the D'Amato Declaration, #2 Exhibit B to the D'Amato Declaration, #3 Exhibit C to the D'Amato Declaration, #4 Exhibit D to the D'Amato Declaration, #5 Exhibit E to the D'Amato Declaration, #6 Exhibit F to the D'Amato Declaration, #7 Exhibit G to the D'Amato Declaration, #8 Exhibit H to the D'Amato Declaration, #9 Exhibit I to the D'Amato Declaration, #10 Exhibit J to the D'Amato Declaration)(Related document(s) #1208 ) (Maroulis, Victoria) (Filed on 7/10/2012)

D'AMATO DECLARATION
EXHIBIT J
FILED UNDER SEAL

Sheppard, Timothy

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IN THE 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
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corporation,

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Plaintiff,

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-vs-

No. 11-CV-01846-LHK

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SAMSUNG ELECTRONICS CO., LTD.,
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a Korean business entity; et al.,

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Defendants.
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VIDEOTAPED DEPOSITION OF TIMOTHY SHEPPARD - 30(b)(6)

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HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY

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SAN FRANCISCO, CALIFORNIA

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WEDNESDAY, FEBRUARY 29, 2012

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Reported by: LOUISE MARIE SOUSOURES, CSR NO. 3575
Certified LiveNote Reporter

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JOB NO: 47031

Apple v. Samsung

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Sheppard, Timothy

P R O C E E D I N G S

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-oOo-

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(Exhibit Nos. 1918 and 1919 were marked.)

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THE VIDEOGRAPHER:

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Good afternoon.

Here

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marks the beginning of the deposition for Tim

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Sheppard, 30(b)(6) in the matter of Apple,

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Incorporated versus Samsung Electronics Company,

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Limited et al., in the United States District Court,

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Northern District of California, San Jose Division,

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case 11-CV-01846-LHK.

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Deposition is being held at 425 Market Street

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in San Francisco, California on February 29th, 2012 at

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approximately 1:26.

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I am Aline Mayer, a legal video specialist

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from TSG Reporting, headquartered at 747 Third Avenue,

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New York, New York, and our court reporter is Louise

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in association with TSG Reporting.

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Counsel, please introduce yourselves and

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state who you represent for the record.
MR. OLSON:

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Eric Olson from Morrison &

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Foerster representing Apple.

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MR. SELWYN:

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on behalf of Apple.
MR. ALDEN:

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Mark Selwyn from WilmerHale also

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Anthony Alden on behalf of Quinn

Emanuel for Samsung and the witness, Tim Sheppard.

Apple v. Samsung

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Sheppard, Timothy

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MS. HAN:

Julie Han from Samsung.

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THE VIDEOGRAPHER:

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now please swear in the witness.

The court reporter will

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--oOo--

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TIMOTHY SHEPPARD,

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having been first duly sworn by the

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Certified Shorthand Reporter to tell

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the truth, the whole truth, and nothing

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but the truth, testified as follows:

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EXAMINATION BY MR. OLSON:

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Q.

Mr. Sheppard, you have been deposed in this

case before, correct?

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A.

Correct.

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Q.

And have your job responsibilities changed in

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a material way since your deposition in January of

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this year?

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A.

No.

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Q.

And is it correct that you are responsible

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for accounting functions at Samsung Technology --

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excuse me, Telecommunications America?

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A.

Yes.

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Q.

And if I refer to that as STA, you would

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understand what I was referring to?

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A.

Yes.

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Q.

Do you have any role in the accounting at

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Apple v. Samsung

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d, Timothy

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BY MR. OLSON:
So in the hypothetical situation in which on

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a consolidated basis from STA all the way up through

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all the subsidiaries,

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Q.

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MR. ALDEN:

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evidence, vague and ambiguous.
THE WITNESS:

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Objection, assumes facts not in

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Well, firstly, I don't know

what the actual total consolidated profit is so

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I don't know what the

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reality is.

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Apple v. Samsung

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, I

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Page 125

Sheppard, Timothy

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don't think that's the way it works.

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BY MR. OLSON:

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Q.

What I'm trying to understand is the

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guarantee

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A.

Yeah, but it's guaranteed no matter what.

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Q.

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A.

Apple v. Samsung

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Page 126

Sheppard, Timothy

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They have a much higher risk and reward

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situation to deal with this.

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Q.

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Q.

And the amount paid in the U.S. is

approximately

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MR. ALDEN:

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evidence.

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Apple v. Samsung

THE WITNESS:

Objection, assumes facts not in

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Page 127

Sheppard, Timothy

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consider the deposition closed.

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I have nothing further, though.

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THE VIDEOGRAPHER:

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Here marks the end of

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today's deposition of Tim Sheppard, total number of

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tapes used is three.

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6:14.

We are off the record, it's

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(Whereupon, at 6:14 p.m. the deposition of

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TIMOTHY SHEPPARD was adjourned.)

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TIMOTHY SHEPPARD

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Apple v. Samsung

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