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

Filing 1322

TRIAL BRIEF Samsung's Unsealed Trial Brief and Exhibits Thereto by Samsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Attachments: # 1 Declaration of Joby Martin, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18)(Maroulis, Victoria) (Filed on 7/25/2012) Modified on 8/7/2012 EXHIBIT 5, 6, 8 AND 11 HAVE NOT BEEN MANUALLY SUBMITTED TO THE CLERK'S OFFICE FOR FILING (dhm, COURT STAFF).

EXHIBIT 17

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UNITED STATES INTERNATIONAL TRADE COMMISSION

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WASHINGTON, D.C.
In the Matter of

)

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)

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CERTAIN ELECTRONIC DEVICES,

) NO. 337-TA-794

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INCLUDING WIRELESS

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COMMUNICATION DEVICES,

)

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PORTABLE MUSIC AND DATA

)

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PROCESSING DEVICES AND

)

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TABLET COMPUTERS

)

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VIDEOTAPED DEPOSITION OF GREG JOSWIAK

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PALO ALTO, CALIFORNIA

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THURSDAY, FEBRUARY 23, 2012

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Reported By:

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Yvonne Fennelly, CCRR, CSR No. 5495

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JOB NO. 46686
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A.

As far as an overall commodity?

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Q.

Overall competitive strategy.

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A.

Well, as I mentioned earlier, we

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certainly see Android as the key operating

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system competitor to our iOS devices.

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Q.

What is the Android war room?

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A.

12:25PM

Our marketing communications group,

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MarComm, as I referred to them earlier, has a

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room, a conference room, dedicated to

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understanding how Android handset makers are

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marketing themselves.

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Q.

12:25PM

Does that conference room include a

storage of documents?

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A.

I have no idea.

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Q.

Have you ever been to it?

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A.

I have visited it, at least, on one

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occasion, and I don't recall documents, other

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than what is pasted on the walls, like, might

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show, you know, a print advertisement, for

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example, of the competitor.

12:26PM

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Q.

So the room is decorated with the

printing advertisements of competitors?

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MR. JACOBS:

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THE WITNESS:

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12:26PM

decorated now.

Objection to form.
I don't know how it's

When I went to it again, there

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were certainly some things being presented in

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that way, but I have not visited that room in a

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very long time.

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BY MS. MAROULIS:

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6
7

Q.

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12:26PM

that room?
A.

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Are there regular meetings held in

I have no idea.
As I said, I went to it at least

once, but, perhaps, only once.
Q.

So the room functions as,

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essentially, a museum of other people's

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advertising?

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A.

12:26PM

I don't think --

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MR. JACOBS:

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THE WITNESS:

Objection to form.
I don't think it's

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designed to be a museum.

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for our marketing people to understand how our

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competitor is marketing themselves.

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12:26PM

BY MS. MAROULIS:

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Q.

I think it's designed

And what is Apple's understanding of

12:27PM

how its competitors market themselves?

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MR. JACOBS:

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THE WITNESS:

Objection to form.
I don't think there is

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a way to generally answer that.

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look at, again, specific advertisements,

I think they

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specific marketing, and draw the conclusions,

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I'm sure, based on each one of those.

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BY MS. MAROULIS:

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Q.

Does the MarComm group generally

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report, based on their studies of how

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competitors present themselves in the

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marketplace?

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A.

I'm unaware of any reports of that

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Q.

Never seen one?

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A.

Not that I can recall.

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Q.

How does Apple track its performance

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12:27PM

type.

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against its competitors in terms of market

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12:27PM

share?

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MR. JACOBS:

Objection; asked and

THE WITNESS:

12:27PM

Yeah, I think it's

answered.

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exactly that answer.

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share.

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I talked about earlier, for example, IDC and

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Gartner, to understand our market share and as

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that changes over time.

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BY MS. MAROULIS:

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Q.

It's we look in market

So we certainly look at the reports that
12:27PM

What is the current market share of

Apple's iPhone products?

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12:28PM