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 11
FILED UNDER SEAL

Confidential Attorneys' Eyes Only Outside Counsel

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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,

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Defendants.
_____________________________/

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C O N F I D E N T I A L
A T T O R N E Y S' E Y E S O N L Y
O U T S I D E
C O U N S E L

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VIDEOTAPED DEPOSITION OF RAVIN BALAKRISHNAN, Ph.D.
SAN FRANCISCO, CALIFORNIA
TUESDAY, AUGUST 16, 2011

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BY: ANDREA M. IGNACIO HOWARD, CSR, RPR, CCRR, CLR
CSR LICENSE NO. 9830
JOB NO. 41176
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MR. LIEN:

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MR. BRIGGS:

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MR. AHN:

Matthew Ahn, of Morrison &

Foerster, on behalf of Apple.

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Todd Briggs, representing

Samsung.

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Henry Lien, representing Samsung.

THE VIDEOGRAPHER:

Will the court reporter

please swear in the witness.

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RAVIN BALAKRISHNAN, Ph.D.,

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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. JOHNSON

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MR. JOHNSON:

Good morning, Mr. Balakrishnan.

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Q

Have -- you've been deposed before?

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A

Yes, I have.

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Q

Okay.

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A

About a half a dozen times, roughly.

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Q

I'll try to ask coherent questions, and if

About how many times?

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you -- hopefully you'll provide some answers, and

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if -- to the extent that you don't understand any of
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of the document, and it's showing a third portion of

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the electronic document, which, you know, ends at the

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bottom, with Joe -- again, I can't read the last name

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of that contact because my finger is obscuring it,

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but, clearly, this third portion is different and

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smaller than the first portion.

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information.

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showed earlier.

It has less

It's smaller than the first portion I

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And, then, now, the last element of the claim

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says, "In response to detecting that the object is no

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longer on or near the touchscreen display, translating

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the electronic document in a second direction until

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the area beyond the edge of the electronic document is

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no longer displayed to display a fourth portion of the

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electronic document, wherein the fourth portion is

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different from the first portion."

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So -- oops, I accidentally just did that, but

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I'll -- I'll do this again.

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portion here.

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means the system detects that my object or the finger

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is no longer on the touchscreen display, and it has

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translated the -- the electronic document in a second

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direction, in a different direction from the direction

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it was going earlier, so that the area beyond the edge

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of the electronic document is no longer displayed.

So I'm in the third

I'm gonna release my finger, which

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So if you saw in the third -- in the segment

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before this, there was a black area or gray area

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beyond the word -- the header "create document," now

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that's no longer there.

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It's -- it's gone back up.

And the fourth portion now that -- what you

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see here is clearly different from the -- the very

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first portion that we started with, which had, if I

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recall correctly, a -- the bottom contact was

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something N, a name with N, something or the other on

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it.

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I think that should cover Claim 1.
Q

Okay.

And it's also your opinion that

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Exhibit 20 in the contacts application infringes

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Claims 19 and 20, as well?

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MR. MONACH:

Same -- same objection

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previously stated about asking him to form opinions on

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the fly at the deposition, but you can answer.

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THE WITNESS:

So, again, to the extent that

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I've only had a very short time to look at this, so

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this is my, kind of, off-the-cuff answer, is this

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contacts application clearly is running on a computer

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in the smartphone, and although I haven't had a chance

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to look at the instructions of the code, per se, it

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must be running some set of instructions in order for

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this application, the contacts application, to perform
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the functions that I just showed, and as such, it

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would infringe Claim 19.

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And, similarly, for Claim 20, I, again,

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haven't opened this up to look at the memory in there,

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given the short time that I have here.

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again, the -- the program that's running for this

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contacts application has instructions, and like any

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other computer program, it would have to be stored in

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some kind of storage medium or memory that can then be

But, once

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executed to perform these actions.

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yes, it -- it does infringe Claim 20, as well.

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MR. JOHNSON:

Q.

So I would say,

Based on your review of

Exhibit 20, do the contact features -- strike that.

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Based on your review of Exhibit 20, does the

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gallery and contact features operate the same way as

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the Galaxy S 4G that you looked at for purposes of

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infringement of the '381 patent?

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MR. MONACH:

Object to the form of the

question.
THE WITNESS:

So I would have to say that in

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order to answer that completely accurately, I'd have

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to put both of the devices side by side and look very

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carefully at whether they're exactly the same.

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Just off the cuff here, going by what I've

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just played with for the last, I don't know, five,
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ten minutes, and my memory of -- of what I looked at a

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couple of weeks ago on the Galaxy S 4G device that

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I -- I use, I would say the -- the essence or the --

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maybe not the word "essence" -- the -- the basics of

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the operation, with regards to the infringing of the

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claims, it would be the same.

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specifics of the look and feel is exactly the same,

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I'd have to spend quite a bit more time making sure

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that that's true.

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MR. JOHNSON:

Q.

But whether the

And all -- what I'm really

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trying to ask you is just whether the -- for only

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purposes of alleged infringement of the '381 patent,

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is whether these features operate basically the same

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way.

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specific differences between the contacts and gallery

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applications between the two.

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understand whether, for purposes of infringement, the

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features operate the same way between Exhibit 20 and

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the Galaxy S 4G, and I'm gonna -- I'm gonna hand you

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what's been previously marked as Exhibit 21, a

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Galaxy S 4G, and you can -- if you could take a look

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at that and just tell me -- it was marked at another

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deposition.

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I'm not interested in -- in subtle nuances or

I'm just trying to

Just -- so that -- in your right hand,
Exhibit 21 is a Galaxy S 4G, and so if you could just
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specifically to determine if those three limitations

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in the claims were met?

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MR. MONACH:

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You can do it again.

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THE WITNESS:

Objection; asked and answered.

If you mean the Android

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publicly available source code, I did not look at it

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and match up -- I did not do the matching --

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MR. JOHNSON:

Okay.

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THE WITNESS:

-- of the -- of the code to the

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claims.

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I did not do that.
MR. JOHNSON:

Q

All right.

Let -- let's go back to the limitation that

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says "displaying an area beyond the edge of a

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document."

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You obviously didn't look at any code to

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determine whether or how the displaying of -- of any

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of the documents occurs; right?

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MR. MONACH:

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THE WITNESS:

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Objection; vague.
I did not -- I'm sorry.

You're

done?

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MR. MONACH:

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THE WITNESS:

Yes.
I -- I did not look at code

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that -- specifically looking for how a particular

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document or area beyond the document might have been

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displayed.
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MR. JOHNSON:

Q.

And there -- there --

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you're not aware of any instructions in any code,

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whether it's Samsung code or Android code, to draw an

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area beyond the edge of the document, as required in

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Claim 1 of the '381 patent; right?

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MR. MONACH:

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THE WITNESS:

Objection; vague.
I have not seen the code,

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per se, but there would have to be that code, because

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the functionality, as I'm working -- as I've

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demonstrated on all these devices, clearly displays an

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area beyond the edge of the document, so that

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functionality is there.

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have to be some code somewhere on the device that's

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making that happen.

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MR. JOHNSON:

Q.

It's not magic.

There would

Well, actually, do you have

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any experience with AMO LED displays?

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AMO LED?

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A

I'm sorry.

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Q

You do; right?

AMO LED.

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What do you mean by A --

Do you have experience with AMO LED displays?

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A

In terms of using them?

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Q

Using them, analyzing them, working with

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them.

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A

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I haven't analyzed the hardware in any

fashion at all.
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Q

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But I thought you said -- well, strike.

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Do you know whether any of the Samsung
accused devices use AMO LED displays?
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I do not know what particular hardware

display they're using.

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Q

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analysis?

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That's not of any importance to your

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MR. MONACH:

Object to the form of the

question.

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THE WITNESS:

I don't believe for these

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particular claims the type of display, or beyond the

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fact that it's a touchscreen display, the type of

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whether it's an LCD, LED, whatever underlying

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technology, the claim simply says a touchscreen

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display, that is able to detect movement.

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MR. JOHNSON:
A

Q.

What is --

So, for those claims, I did not see the need

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to consider what particular type of hardware

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technology, beyond the fact that it's a touchscreen

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display.

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Q

What is an AMO LED display?

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MR. MONACH:

Objection; lack of foundation.

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THE WITNESS:

I -- I haven't thought about

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that in conjunction with this case, and I haven't --

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you know, haven't formed an opinion on that, so I'm
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