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

Filing 1314

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 Declaration of Mark Tung in Support of Samsung's Conditional Motion for Relief (Dkt. No. 953) (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)(Maroulis, Victoria) (Filed on 7/24/2012)

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

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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

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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

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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,

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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.

01:56

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seems to be close or around what the iPad could

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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

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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"?

01:59

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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

02:00

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business.

02:00

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the lab which is producing internally-used source

02:00

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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

02:00

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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

02:02

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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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