Apple Inc. v. Samsung Electronics Co. Ltd. et al
Filing
1255
Declaration of Cyndi Wheeler in Support of #1201 Administrative Motion to File Under Seal Samsung's Opposition to Apple's Claim Construction Brief, #1208 Administrative Motion to File Under Seal Samsung's Oppositions to Apple's Motions in Limine filed byApple Inc.. (Attachments: #1 Exhibit 1, #2 Proposed Order)(Related document(s) #1201 , #1208 ) (Bartlett, Jason) (Filed on 7/17/2012)
EXHIBIT 1
D'AMATO DECLARATION
EXHIBIT B
FILED UNDER SEAL
Highly Confidential - Outside Counsels' Eyes Only
Page 1
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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,
Defendants.
____________________________/
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H I G H L Y
C O N F I D E N T I A L
O U T S I D E C O U N S E L O N L Y
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VIDEOTAPED DEPOSITION OF JONATHAN IVE
SAN FRANCISCO, CALIFORNIA
THURSDAY, DECEMBER 1, 2011
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BY: ANDREA M. IGNACIO HOWARD, CSR, RPR, CCRR, CLR
CSR LICENSE NO. 9830
JOB NO. 43920
TSG Reporting - Worldwide
(877) 702-9580
Highly Confidential - Outside Counsels' Eyes Only
Page 5
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MR. ZHANG:
Foerster, for Apple.
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Patrick Zhang, Morrison &
THE VIDEOGRAPHER:
Will the court reporter
please swear in the witness.
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JONATHAN IVE,
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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. ZELLER
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MR. ZELLER:
Q.
Good morning.
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A
Good morning.
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Q
I understand you've had the pleasure of being
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deposed at least a couple of times before, but one, if
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I understand correctly, and tell me if
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recall this, was a case called Apple versus Future
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Power?
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A
Yes, I do recall.
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Q
if you
All right.
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And generally speaking, that was about the
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iMac?
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A
Yes.
TSG Reporting - Worldwide
(877) 702-9580
Highly Confidential - Outside Counsels' Eyes Only
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We are off the record at 4:02 p.m.
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(Recess taken.)
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THE VIDEOGRAPHER:
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This is the beginning of
Disc No. 5, Volume I.
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We are back on the record at 4:25 p.m.
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You may proceed.
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MR. ZELLER:
Q.
What I'd like to show you is
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a three dimensional mockup of a tablet that's been
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produced by Apple in this case, and it's generally
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known as the 035 mockup or
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take a look at that.
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or prototype, and please
Have you seen the 035 mockup before?
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A
Yes, I have.
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Q
And when do you remember first seeing the 035
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mockup?
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A
My recollection of
of first seeing it is
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very hazy, but it was, I'm guessing, sometime between
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2002 and 2004, some
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this and
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were first exploring tablet designs that ultimately
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became the iPad.
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Q
I remember seeing
and perhaps models similar to this when we
Do you recognize the 035 mockup as a mockup
that the Apple model shop produced?
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but it was
A
made
I actually don't know which model shop
made this, but I recognize this as a model
TSG Reporting - Worldwide
(877) 702-9580
Highly Confidential - Outside Counsels' Eyes Only
Page 161
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that was produced during our exploration.
Q
Do you recall if the
the group that
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produced the actual physical model of this 035 mockup
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was an internal group or whether it was an outside
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vendor?
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A
I have no
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Q
Is the 035 mockup a tablet design that you
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no recollection.
personally worked on?
A
It was
the best of my recollection, this
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was a design that was modeled as a consequence of the
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way that we work, which is as a team.
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Q
Do you recognize the 03 mockup design as a
design that you, among other people, invented?
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A
You said 03.
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Q
'5 mockup, the physical one that you have in
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front of you?
A
Yes, I recognize this as one of
one of the
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models that we made as part of the design process, as
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part of the exploration.
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Where my recollection is hazy is trying to
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remember, you know, at what point in the exploration
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we made this, the circumstances around making it.
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But I certainly recognize it as a model that
we made as part of that exploration.
Q
Is the design that's shown in the
TSG Reporting - Worldwide
(877) 702-9580
'889
Highly Confidential - Outside Counsels' Eyes Only
Page 162
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design patent, which is marked as Exhibit 8, the same
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design as the 035 mockup?
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A
I think that there are many similarities.
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Q
Apart from being able to say that there are
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many similarities, can you tell me with any certainty
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one way or another whether the design that's shown in
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the '889 design patent is the same design as the 035
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mockup?
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MR. JACOBS:
THE WITNESS:
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Objection; lacks foundation.
I can say confidently that
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there are many, many elements that are represented in
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this model that I see in our patent.
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MR. ZELLER:
Q.
And can you tell me anything
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beyond that with any certainty in terms of whether
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that's the same design or not?
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A
I think I
I think I've done my best to
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answer the question, which is I think there are many
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elements that I see here that I see in our design
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patent.
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Q
Are you aware of any three dimensional
models
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A
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Q
Yeah.
of any tablet designs that were created
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prior to March 17, 2004, that was closer in its
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appearance to the design that's shown in the
TSG Reporting - Worldwide
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'889 design patent than the 035 mockup?
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A
I'm not aware of any that are closer or less
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close.
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patent, and I can see many similarities.
I recall this model; I, of course, recall this
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MR. ZELLER:
me
And that's fair enough.
So let
let me rephrase it.
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Q
You have in front of you the 035 mockup.
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A
Yes.
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Q
And I'll tell you, that's
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that's the one
that we have here.
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A
Yes.
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Q
And so what I'm really trying to find out is:
TSG Reporting - Worldwide
(877) 702-9580
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