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

Filing 1344

Unredacted Apple's Opening Design Patent Claim Construction Brief (Dkt. No. 1089) re 1256 Order on Administrative Motion to File Under Seal, by Apple Inc.. (Attachments: # 1 Exhibit 8, # 2 Exhibit 9, # 3 Exhibit 10, # 4 Exhibit 11)(Jacobs, Michael) (Filed on 7/25/2012) Modified text on 7/26/2012 (dhm, COURT STAFF).

Exhibit 9
(Submitted Under Seal)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
APPLE INC., a California
Corporation,

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Plaintiff,

Case No.

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vs.

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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VIDEOTAPED DEPOSITION OF JONATHAN IVE
San Francisco, California
Tuesday, February 7, 2012
(Volume II - Pages 260 - 335)

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REPORTED BY:
CYNTHIA MANNING, CSR No. 7645, CLR, CCRR
JOB NO. 46227
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MR. KIDMAN:

Scott Kidman for Samsung.

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MR. JACOBS:

Michael Jacobs for Apple.

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MR. HO:

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MS. TIERNEY:

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THE VIDEOGRAPHER:

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reporter please swear in the witness.

15:53

Francis Ho for Apple.
Erica Tierney for Apple.
Will the court

15:53

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JONATHAN IVE,
having first been duly sworn, testified
as follows:

15:53

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MR. ZELLER:

And so we have it on the

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record, what we're doing here is we are now

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switching over to the Northern District of

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California deposition portion of Mr. Ive's day.

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And for the record, I hadn't finished

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my questioning in the ITC proceeding.

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light of the fact that the witness is recovering

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from a cold or flu, as well as the fact that we

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don't want to overtax him, I decided I would

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15:53

switch over.

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But in

15:54

Obviously, I'm reserving my rights in

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terms of what we do going forward on the

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remainder of the ITC proceedings.

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interest of addressing and acting pursuant to
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But in the

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I have less recollection about this model and its

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place in the development process for the

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different generations of iPhone.

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Q.

16:43

And also, for record purposes, if you

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could please hold that one up and show it to the

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camera, that would be helpful.

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A.

(Witness complies.)

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Q.

16:44

And you'll see on this prototype

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that -- or model that we marked as

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Exhibit 1454 -- that the corners are not rounded;

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but, rather, more of -- more of a straight edge?

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A.

Yes.

16:44

The four -- the four corners in

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the plan view have a -- I don't know the best way

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of describing it -- but a flat chamfer.

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a radius that connects that chamfer to the main

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-- you know, to the horizontal and vertical

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perimeter of the product.

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Q.

There is
16:44

And do you recall what was being

explored by having the corners in that manner?
A.

No, I don't recall specifically what we

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were exploring or examining here, other than

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this -- this being very typical of our process,

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which is to be exploring the many -- the many

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alternative solutions that there are to design an

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iPhone.

16:45

16:45
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So when you ask me why -- why would a

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designer make this model, to answer that question

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properly, I think you have to understand its

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context in design explorations that are

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constantly happening.

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17:02

And so this is one -- this represents

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one of many design explorations.

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for which product.

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occurred.

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I don't know

I don't know when this

But I know that it's typical of

constantly exploring.
Q.

17:02

And I guess one way of what I'm trying

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to really drive at here is, just purely from a

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design aesthetic point of view, is there anything

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that you see that's better or worse about having

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a completely flat front surface of the kind that

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the original iPhone had, the first iPhone had, as

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compared to the more complex and not completely

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flat surface that the model we've marked as

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Exhibit 1455 has?

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MR. JACOBS:

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THE WITNESS:

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again, please?

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Objection; form.

17:02

17:02

Could you ask me that

BY MR. ZELLER:

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Q.

Sure.

There were a number of questions.

And I'm just -- for the record,

I'm just asking, basically, a comparison of this
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flat versus non-flat surface between the first

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iPhone and then the model we've marked as Exhibit

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1455.

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17:03

And what I'm asking is, is just purely

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from your own aesthetic designer point of view,

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what's the advantage or disadvantage of having a

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more complex non-flat surface of the type that's

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shown in that model, as compared to having a

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completely flat one?

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A.

Well, they're certainly different.

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objects, because the aspect ratio is so

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17:03

it's difficult to compare these -- these two

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And

17:03

different.

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But there is certainly an appearance

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difference, and I think that there is something

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particularly beautiful about a very flat surface,

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and particularly when it is a singular part, and

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particularly when that singular part extends

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right to the very perimeter of the product.

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And so there is a -- there's an

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developed designs that are -- have this single

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clear part that's flat because we think it's

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17:04

appearance difference, and we've chosen and

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17:03

particularly beautiful.

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Q.

Are there any -TSG Reporting - Worldwide

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STATE OF CALIFORNIA

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:ss
COUNTY OF SAN MATEO

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)

I, CYNTHIA MANNING, a Certified Shorthand

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Reporter of the State of California, do hereby

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certify:

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That the foregoing proceedings were taken

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before me at the time and place herein set forth;

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that any witnesses in the foregoing proceedings,

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prior to testifying, were placed under oath; that

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a verbatim record of the proceedings was made by

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me using machine shorthand which was thereafter

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transcribed under my direction; further, that the

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foregoing is an accurate transcription thereof.

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I further certify that I am neither

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financially interested in the action, nor a

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relative or employee of any attorney of any of

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the parties.

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IN WITNESS WHEREOF, I have subscribed
my name this 7th day of February 2012.

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CYNTHIA MANNING, CSR No. 7645, CCRR, CLR
TSG Reporting - Worldwide

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