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 11
FILED UNDER SEAL
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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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