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

Filing 1313

NOTICE by Samsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company) re 1269 Order on Administrative Motion to File Under Seal,,, Order on Motion to Remove Incorrectly Filed Document, Order on Motion for Miscellaneous Relief, Unredacted Motion for Leave to Seek Reconsideration of Court's June 25, 2012 Order (Dkt. No. 1132) (Attachments: # 1 Exhibit 1 to Watson Declaration, # 2 Exhibit 2 to Watson Declaration, # 3 Exhibit 3 to Watson Declaration, # 4 Exhibit 4 to Watson Declaration, # 5 Exhibit 10 to Watson Declaration, # 6 Exhibit 12 to Watson Declaration, # 7 Exhibit 13 to Watson Declaration, # 8 Exhibit 14 to Watson Declaration, # 9 Exhibit 20 to Watson Declaration)(Maroulis, Victoria) (Filed on 7/24/2012)

EXHIBIT 10
FILED UNDER SEAL

CONFIDENTIAL - ATTORNEYS' EYES ONLY
Page 1
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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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APPLE INC., a California
corporation,

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Plaintiff,

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vs.

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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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Case No. 11-CV-01846-LHK

Defendants.
---------------------------------/

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CONFIDENTIAL ATTORNEYS' EYES ONLY

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VIDEOTAPED DEPOSITION OF DANIELE De IULIIS
Redwood Shores, California
Friday, October 21, 2011

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Reported by:
LORRIE L. MARCHANT, CSR No. 10523, RPR, CRR, CCRR,CLR
JOB NO. 43000

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TSG Reporting 877-702-9580

CONFIDENTIAL - ATTORNEYS' EYES ONLY
Page 191
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MR. MONACH:

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THE WITNESS:

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Vague.

I don't understand if I

understand your definition.

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5

Objection.

BY MS. CARUSO:
Q.

Did the gap -- why was there a gap?

I'll

ask that question.

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A.

I really don't remember.

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Q.

If you'd look at this --

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A.

Thank you.

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Q.

-- and if you could just hold that up again

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for the camera.

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THE VIDEOGRAPHER:
the front.

I didn't get a shot of

You have to hold it longer for me.

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Thank you.

Great.

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BY MS. CARUSO:

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Q.

Does that prototype also have a gap?

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A.

It does.

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Q.

And is there anything sort of in the

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interior of that gap that you can see?

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MR. MONACH:

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Objection.

THE WITNESS:

Vague.

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you're calling the gap.

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I see a detail within what

BY MS. CARUSO:

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Q.

Is that detail found in the first prototype

you were looking at, as well?

TSG Reporting 877-702-9580

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A.

They appear to be similar.

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Q.

Do you recall any discussions about that

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detail?

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A.

Having seen it now for the first time in

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many years, I remember working as a team on this

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detail.

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8

Q.

Do you remember any discussion about the

detail?

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A.

I don't.

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Q.

Do you remember any reason why it added

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esthetically to the product?

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MR. MONACH:

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THE WITNESS:

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Vague.

Probably had a very good

reason at the time.

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BY MS. CARUSO:

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Objection.

Q.

But you can't recall right now what that

was?

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A.

I can't recall.

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Q.

And I asked you about any esthetic reason

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for putting it there.

Do you remember any other

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reason for having that detail?

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A.

I don't recall.

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Q.

Is it your understanding that Figure 1

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reflects that detail?
MR. MONACH:

Object to the form of the

TSG Reporting 877-702-9580

CONFIDENTIAL - ATTORNEYS' EYES ONLY
Page 193
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question to the extent it calls for a legal

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conclusion.

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But you can review that figure and give
your understanding.

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THE WITNESS:

the gap that's shown here.

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I believe that line reflects

BY MS. CARUSO:
Q.

I take it that as with the other design

patents we discussed, you can't call out any

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particular contribution made by any member of the

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design team with respect to the design of the D889

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patent; is that correct?

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A.

That's correct.

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Q.

Would you describe the surface of this

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prototype as contiguous from end to end?

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MR. MONACH:

Object to the form of the

question as vague.

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THE WITNESS:

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glass here as being contiguous.

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BY MS. CARUSO:

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Q.

I would describe the piece of

Would you describe the glass surface as

extending to the outside of the product?

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MR. MONACH:

Objection.

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THE WITNESS:

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Vague.

I would categorize it that way.

I don't know if I'd say -- if

TSG Reporting 877-702-9580

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Page 194
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BY MS. CARUSO:

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Q.

Why not?

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A.

Well, you said to the outside of the

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product.

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Q.

M-hm.

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A.

And the glass stops.

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It doesn't go to the

outside of the product.
Q.

Would you describe the surface of the

iPhone as extending to the outside of the product?

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MR. MONACH:

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BY MS. CARUSO:

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Q.

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Vague.

I'll reask the question.
Would you describe the glass surface of the

iPhone as extending to the outside of the product?
A.

I would describe the glass surface

extending to the bezel.

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Objection.

MS. CARUSO:

We need to take a short break

to change the tape.

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THE VIDEOGRAPHER:

This marks the end of

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Tape No. 3 in today's deposition of Daniele de

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Iuliis.

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record.

The time is 5:29 p.m.

We are off the

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(Recess taken, from 5:29 to 5:38.)

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THE VIDEOGRAPHER:

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This marks the beginning

of Tape No. 4 in today's deposition of Daniele de

TSG Reporting 877-702-9580