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

Filing 1312

Declaration of Mark Tung in Support of 1269 ORDER by Judge Lucy H. Kohi> 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 3, # 2 Exhibit 4, # 3 Exhibit 5, # 4 Exhibit 6, # 5 Exhibit 7, # 6 Exhibit 8, # 7 Exhibit 9, # 8 Exhibit 11, # 9 Exhibit 12, # 10 Exhibit 13, # 11 Exhibit 14, # 12 Exhibit 15)(Related document(s) 1296 ) (Maroulis, Victoria) (Filed on 7/24/2012) Modified on 7/25/2012 (fff, COURT STAFF).

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EXHIBIT 6 FILED UNDER SEAL HIGHLY CONFIDENTIAL ATTORNEYS' EYES ONLY Page 1 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 SAN JOSE DIVISION 4 5 6 7 8 9 10 11 12 APPLE INC., a California corporation, ) ) ) Plaintiff, ) ) vs. ) ) 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. ) ________________________________) No: 11-CV-01846-LHK 13 14 **HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY** 15 16 DEPOSITION OF WOOKYUN KHO 17 San Francisco, California 18 Thursday, January 12, 2012 19 20 21 22 23 Reported By: 24 LINDA VACCAREZZA, RPR, CLR, CRP, CSR. NO. 10201 25 JOB NO. 45308 TSG Reporting 877-702-9580 HIGHLY CONFIDENTIAL ATTORNEYS' EYES ONLY Page 5 MR. CHUNG: 1 2 representing Apple. MR. BEARD: 3 4 MR. TUNG: Mark Tung from Quinn 09:21 Emanuel representing Samsung. MS. KIM: 7 8 Brooks Beard with Morrison Foerster representing Apple. 5 6 Minn Chung, same, Rosa Kim from Samsung in-house. THE VIDEOGRAPHER: 9 Thank you. 10 Would the reporter please swear the 11 09:21 witness and interpreters. WOOKYUN KHO, 12 Having been duly sworn, by the 13 14 Certified Shorthand Reporter, was 15 examined and testified as follows: THE VIDEOGRAPHER: 16 17 09:21 Thank you. Please proceed. EXAMINATION 18 19 BY MR. MCELHINNY: 20 Q. Good morning, Mr. Kho. I 21 introduced myself before the deposition started, 22 but I'll do it again. 23 McElhinny. 24 09:21 and I represent Apple Inc. 25 My name is Harold I'm an attorney in the United States, And as you may know, Apple Inc. TSG Reporting 877-702-9580 09:22 HIGHLY CONFIDENTIAL ATTORNEYS' EYES ONLY Page 118 1 -- I'm able to access -- to access those portions 2 that I have authority for. 3 4 5 Q. And what portions do you have authority for? A. I have the authority to access the 6 store places or repositories that would be 7 06:02 applicable to the project that I participate in. 8 9 10 Q. And what are the names of those repositories? A. It's not that there is a separate 11 name given to such repository; they are 12 06:03 distinguished by numbers. 13 Q. Have you, in the time that you've 14 been at Samsung, have you written software code 15 for effects other than the bounce effect? 16 A. Yes, I have. 17 Q. 06:04 Is there any particular effect 18 that you've spent more time on than you've spent 19 on the bounce effect? 20 21 A. No. This is the bounce effect 06:05 that I've spent the most time on. 22 Q. What would be second? 23 A. If you were to exclude the bounce 24 effect, the rest would comprise of various minor 25 things such that it's not -- such that I would TSG Reporting 877-702-9580 06:06 HIGHLY CONFIDENTIAL ATTORNEYS' EYES ONLY Page 119 1 not be able to specifically point out what would 2 comprise number two. Q. 3 4 Does the phrase "list view," are you familiar with list view? 5 A. Yes. 6 Q. And what does "list view" refer to 7 as you use it? A. 8 9 06:06 This is one of the widgets provided by Android framework. 10 Q. And what does it do? 06:07 11 A. There is something called an 12 adapter that is connected to list view. 13 would be obtained from there, that is the 14 adapter. 15 showing the list on the screen of thereby. 17 06:08 Are you familiar with something at Samsung called "the glow effect"? A. 18 19 And so this would carry out the role of Q. 16 So data My understanding is that there is no such effect that is called glow effect. Q. 20 Okay. Do you know whether or not 21 in some Samsung projects, the bounce effect has 22 been replaced by an effect that looks like a blue 23 06:09 light? 24 A. Yes, I know that. 25 Q. Right. What do you call the TSG Reporting 877-702-9580 06:10 HIGHLY CONFIDENTIAL ATTORNEYS' EYES ONLY Page 120 1 effect that has replaced the bounce effect in 2 some products? A. 3 Sometimes it's called "edge glow," 4 but internally, it continues to be called "bounce 5 effect." Q. 6 7 06:10 Have you personally been involved in writing software for the edge glow effect? 8 A. Yes, I have participated in that. 9 Q. Has the Effect team -- is the edge 10 glow -- start again. 06:11 Is the edge glow effect a project 11 12 of the Effect team? 13 A. 14 of the Effect team. 15 Q. 16 A. When did your team start working 06:11 Although I do not recall this exactly, this was prior to Nexus being sold. Q. 19 20 It was one of the projects on the edge glow effect software? 17 18 Yes. Can you narrow that down to a year for me? 06:13 21 A. It probably was 2010. 22 Q. We have talked a lot about 2010. 23 We talked about the comparisons that you did in 24 August and September 2010. 25 on the edge glow effect at that time? Were you also working TSG Reporting 877-702-9580 06:13 HIGHLY CONFIDENTIAL ATTORNEYS' EYES ONLY Page 121 A. 1 No. In August and September of 2 2010, I was not doing any work on edge glow 3 effect. Q. 4 5 effect start after September of 2010? A. 6 7 10 06:14 That was subsequent to September of 2010. Q. 8 9 So did the work on the edge glow When you started working on the edge glow effect, was that written to a requirements document? 06:15 11 A. No, that was not the case. 12 Q. How did the edge glow effect 13 project begin? A. 14 Edge glow was -- effect was 15 contained in the Android Gingerbread native 16 code. 17 of Gingerbread native code. 18 I got to see the edge glow code. 19 the review work was begun. 20 21 22 23 24 25 06:16 And at that time, there was a disclosure Q. So at that juncture, So that's how Are you familiar with something 06:17 called the R&D Management Group? A. I know that such a group exists, but I'm not familiar with it. Q. Do you know the names of any people who are on it? TSG Reporting 877-702-9580 06:18

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