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).

EXHIBIT 7
FILED UNDER SEAL

Highly Confidential - Attorneys' Eyes Only

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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--oOo--

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APPLE, INC., A CALIFORNIA

)

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CORPORATION,

)

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8
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PLAINTIFF,
vs.

) No.

11-CV-01846-LHK

)

SAMSUNG ELECTRONICS CO.,

)

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LTD., A KOREAN BUSINESS

)

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ENTITY; SAMSUNG ELECTRONICS

)

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AMERICA, INC., A NEW YORK

)

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CORPORATION; SAMSUNG

)

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TELECOMMUNICATIONS AMERICA,

)

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LLC, A DELAWARE LIMITED

)

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LIABILITY COMPANY,

)

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DEFENDANTS.

)

______________________________)

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VIDEOTAPED DEPOSITION OF IOI KIM LAM

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HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY

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San Francisco, California

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Thursday, March 8, 2012

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Reported By:
KATHLEEN WILKINS, CSR #10068, RPR, CRR, CCRR, CLR

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JOB NO. 47476
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& Foerster representing Apple.

10:02

MR. BRIGGS:

10:02

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Todd Briggs from Quinn

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Emanuel representing Samsung and the witness

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Mr. Lam, and also with me is Michelle Yang from

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Samsung.

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THE VIDEOGRAPHER:

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reporter please swear in the witness.

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Would the court

10:02
10:02

IOI KIM LAM,

10:02

having been duly sworn,

10:02

was examined and testified as follows:

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--oOo--

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THE VIDEOGRAPHER:

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Please begin.

EXAMINATION BY MR. MONACH

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10:02

BY MR. MONACH:

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Q.

Good morning, Mr. Lam.

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A.

Good morning.

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Q.

Have you ever had your deposition taken

10:02

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before?

10:03

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A.

No.

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Q.

My name is Andrew Monach.

10:03
I represent

10:03

And I'm here

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Apple in a lawsuit against Samsung.

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to ask you some questions that will be

10:03

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transcribed.

10:03

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Do you understand that?
A.

10:03

Yes.

10:03

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A.

That's what the log says.

01:54

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Q.

Okay.

And these logs are supposed to be

01:54

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accurate so that you have a record of what changes

01:55

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have been made to the source code, right?

01:55

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A.

As I mentioned to you before, we have

01:55

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very -- we are not very organized in terms of

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maintaining the logs.

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you see the prettiest e-mail, I had more detailed

01:55

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log.

01:55

I write a better log.

01:55

That's a few paragraphs.

So

This is a single

01:55

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liner, so that was done by an engineer that's not

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following the -- the common practices of recording

01:55

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more detailed information.

01:55

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Q.

Okay.

But you understand what changing

01:55

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the bounce speed and browser to match iPad means,

01:55

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right?

01:55

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A.

Speed has many meanings.

Speed could

01:55

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mean performance, and I usually mean it could mean

01:55

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the number of frames that are taken that could be

01:55

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rendered per second.

01:55

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speed, it could mean smoothness.

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Q.

So this, although it has

So whether it means speed or smoothness,

01:55
01:56

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you'd agree this is indicating a change on the

01:56

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bounce feature in the browser to match what the

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iPad does, right?

01:56

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A.

It seems to indicate that he's -- he

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might have measured the frames per second in how

01:56

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many times the -- the browser could render to the

01:56

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screen.

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seems to be close or around what the iPad could

01:56

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render.

01:56

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Q.

At that point, he's rendering speed,

Okay.

Do you recall any instances of

01:56

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engineers in the Samsung lab changing the bounce

01:56

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speed in the Samsung browser to make it more

01:56

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similar to the iPad?

01:56

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A.

I don't remember seeing that.

As I

01:57

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mention to you, our group is focused on

01:57

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performance, so we are more focused on frames per

01:57

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second, how many frames the application can render

01:57

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to the screen and not how fast things moves on the

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screen as appear to the user.

01:57

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Q.

In the Android code that you were using

01:57

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when you got frustrated by the -- let me rephrase

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that.

01:57

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You testified earlier today about

01:57

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Android code that did not have what you described

01:58

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as the elastic bounce effect.

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Do you recall that?

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A.

Yes.

01:58

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Q.

When you pulled a web page to its -- to

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its end using that Android code by itself, did the

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device glow at the edge or have any indication

01:58

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that you had reached the end of the web page other

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than freezing?

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A.

Which version of Android?

01:58

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Q.

Whatever version you were talking about

01:58

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7

when you testified earlier today.
A.

01:58

There were different versions.

I think

01:58

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the first version that I looked at, the indication

01:58

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was that the page stops moving.

01:58

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11

Q.

And was there a later version of -- with

no glow of any kind; is that what you're saying?

01:58
01:58

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A.

What do you mean by glow?

01:59

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Q.

Do you understand the word "glow"?

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A.

Glow.

01:59

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Q.

Any --

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A.

Glow --

01:59

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Q.

Any emission of light that wasn't there

01:59

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So --

before you reached the end of the web page?
A.

So on earlier versions of Android, there

01:59
01:59

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is a shadow at the top of the page.

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scroll to the top of the page, you will see a

01:59

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shadow and that could be interpreted by someone as

01:59

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a glow.

01:59

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25

Q.

And when you

Have you ever seen in a version of

Android a different kind of indication of reaching

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the end of a web page where there was actually a

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glow of some kind of color, whether it be orange

01:59

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or blue?

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A.

Yes.

01:59

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Q.

And what versions of Android had that

01:59

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glow feature?
A.

01:59

I don't remember the version.

It could

be 2.2 or 2.3.
Q.

02:00
02:00

Do you know whether any Samsung

02:00

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commercial products use that glow feature instead

02:00

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of the elastic bounce that you described?

02:00

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A.

Commercial products?

As I mentioned to

02:00

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you, I am not familiar with the commercial

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business.

02:00

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the lab which is producing internally-used source

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code, so I do not know one way or the other.

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I've been designated as a witness for

MR. MONACH:

Okay.

Let's mark as next

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in order an e-mail dated June 9th, 2011, Bates

02:00

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number SAMNDCA525379.

02:00

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(Whereupon, Deposition Exhibit 2404
was marked for identification.)

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MR. MONACH:

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THE REPORTER:

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Which number are we on now?
2404.

02:01
02:01
02:01

BY MR. MONACH:
Q.

02:01

02:01

Mr. Lam, do you have what's been marked

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as Exhibit 2404 in front of you?

02:01

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A.

Yes.

02:01

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Q.

Is this a copy of an e-mail that you

02:01

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sent to Jaegwan Shin and Qi Ling on or around

02:01

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June 9th, 2011?

02:01

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A.

Yeah, that seems to be the case.

02:01

7

Q.

All right.

02:01

It responds -- you're

8

responding to an e-mail from Mr. Shin dated that

02:01

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same day, June 9th, 2011 right?

02:01

10

A.

Yes.

02:02

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Q.

And there's a reference to scrolling and

02:02

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the iPad not doing horizontal scroll once vertical

02:02

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scroll is starting while P4 is doing

02:02

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horizontal/vertical scroll at the same time.

02:02

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Do you see that?
A.

02:02

One vertical scroll ... yes, I see that

02:02

sentence.
Q.

02:02
And Mr. Shin is writing to you saying

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this can cause unintentional horizontal scrolling

02:02

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during vertical scrolling, right?

02:02

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A.

Yes.

02:02

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Q.

And you respond, "Hi Mr. Shin, Now I

02:02

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understand.

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Will try to fix this one."

02:02

Do you see that?
A.

02:02

Yes.

02:02

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