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

Filing 1345

Unredacted Oppositions to Apple's Motions in Limine (Dkt. Nos. 1208, 1209) by Samsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company) re 1256 Order on Administrative Motion to File Under Seal, (Attachments: # 1 Exhibit A to the D'Amato Declaration, # 2 Exhibit B to the D'Amato Declaration, # 3 Exhibit C to the D'Amato Declaration, # 4 Exhibit G to the D'Amato Declaration, # 5 Exhibit H to the D'Amato Declaration, # 6 Exhibit I to the D'Amato Declaration, # 7 Exhibit J to the D'Amato Declaration)(Maroulis, Victoria) (Filed on 7/25/2012) Modified text on 7/26/2012 (dhm, COURT STAFF).

D'AMATO DECLARATION
EXHIBIT A
FILED UNDER SEAL

Highly Confidential - Outside Counsel's Eyes Only

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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,
Defendants.
____________________________/

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H I G H L Y
C O N F I D E N T I A L
O U T S I D E C O U N S E L O N L Y

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VIDEOTAPED DEPOSITION OF CHRISTOPHER STRINGER
REDWOOD SHORES, CALIFORNIA
FRIDAY, NOVEMBER 4, 2011

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BY: ANDREA M. IGNACIO HOWARD, CSR, RPR, CCRR, CLR
CSR LICENSE NO. 9830
TSG JOB NO. 43706
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themselves for the record.

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MR. ZELLER:

Mike Zeller for Samsung.

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MR. JACOBS:

Michael Jacobs from Morrison &

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Foerster for Apple.

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Apple Legal.

With me is Cyndi Wheeler from

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THE VIDEOGRAPHER:

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Will the reporter please swear the witness.

Thank you.

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CHRISTOPHER STRINGER,
having been sworn as a witness,
by the Certified Shorthand Reporter,

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testified as follows:

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THE VIDEOGRAPHER:

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Please proceed.

Thank you.

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EXAMINATION BY MR. ZELLER
MR. ZELLER:

Let's please mark as

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Exhibit 1161 the Reply Declaration of Christopher

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Stringer in Support of Apple's Motion for Preliminary

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Injunction.

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(Document marked Exhibit 1161
for identification.)
MR. ZELLER:

Q.

Please let me know when

you've reviewed 1161.
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A

Yes.

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Q

-- that you see there, had you seen tablet

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computer models there at Apple back in the 2004 time

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period that had that kind of broader gap in that

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general location?

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A

for tablet projects.

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I do not recall seeing such gaps on models

Q

Do you have any understanding or information

as to why there is what we're calling that broader
gap?
A

I do not have a recollection of this design,

so I do not know the purpose of that broader gap.
Q

And you'll see, if you look in the opening of

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the larger gap -- and you'll have to look at it at

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various angles, but you can see that there appears to

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be some kind of detail on the interior there?

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A

I see that.

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Q

Do you know what that is?

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A

It's a very tight-ribbed component -- or are

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they holes?
Q

I can't tell.

Do you know if that -- that ribbed component

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or those holes were intended -- because obviously,

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we're talking about a nonworking model -- to -- to be

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vent holes or whether they were purely ornamental or

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something else?
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A

I don't know.

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Q

Direct your attention back to the '889 design

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patent.

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A

Yes.

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Q

Do you have any knowledge or information as

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to whether or not photographs of that physical mockup

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that you have in front of you, the 035 mockup, were

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submitted to the patent office as part of the

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application and prosecution process for the

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'889 design patent?
A

In my preparations for today, we looked at

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copies of photographs of this object that I understand

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are attached to this patent.

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Q

And so if I understand you correctly, it's

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your understanding that the photographs that were

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submitted to the patent office as part of the

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'889 design patent depict the three-dimensional mockup

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that you have in front of you that we call the 035?

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A

It is my understanding, and my recollection

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of yesterday's discussion, that the photographs that I

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saw related to this model and this patent.

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Q

Right.
And I guess I'm trying to now figure out

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what -- what photographs we're talking about so that

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we're on the same page.

So let me -- let me provide

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some, and maybe that will help.

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What's the next number?

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THE REPORTER:

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MR. ZELLER:

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THE REPORTER:

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MR. ZELLER:

1171.
1171?
Yes.
Please mark as Exhibit 1171

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excerpts from the prosecution history of the

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504,889 design patent.

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(Document marked Exhibit 1171

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for identification.)

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THE WITNESS:

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MR. ZELLER:

Thank you.
So you have both sets in front

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of you at the same time, let's also please mark as

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Exhibit 1172 -- I'm sorry.

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before.

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841.

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Actually, we marked this

What's this exhibit number?

MR. JACOBS:

I think it's

He has the better photos.

He

has the better photos.

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MR. ZELLER:

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other set, too.

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Don't worry.

I gave you the

here.

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I'm not trying to be totally unfair

So I'm going to show you what I am fairly

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confident was previously marked as Exhibit 841.

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in the interim confirm that that is the exhibit

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number, but I believe I have it memorized now.
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that's depicted in the photographs that we marked as

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Exhibit 841, where the -- where the mockup is shown,

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the same physical mockup that you have in front of you

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that we call the 035 mockup?

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A

I believe you're asking me, are these

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photographs of the subject?

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these are photographs of the object.

And it is my belief that

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Q

And so the record is clear, when you say --

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A

Oh.

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Q

-- "the photographs," you're referring to the

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photographs that are depicted in 841, and then the

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object that you're pointing to and referring to is

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what we call the 035 model?

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A

Yes.
MR. JACOBS:

If we could just ask you,

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Mr. Zeller, is this -- these -- this writing on this,

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is this in the '841 that you -- that is in the record?

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I'm looking at '18792.

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MR. ZELLER:

This is exactly how it was

produced to us.

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MR. JACOBS:

Oh, with these lines on it?

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MR. ZELLER:

Right.

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THE WITNESS:

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MR. JACOBS:

Okay.

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MR. ZELLER:

All right.

I recall those lines yesterday.

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Q

And setting aside the various lines and

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drawings that appear to be on these photographs, you

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understood I was asking you about the object that's

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depicted in the actual photographs; is that correct?

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A

Yes.

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Q

And without disclosing the substance of what

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you discussed with your counsel, did -- did you

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satisfy yourself that the 035 mockup is, in fact,

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what's in the -- the photographs that we've marked as

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Exhibit 841?
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I am convinced from studying both the object

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035 and the Document 841 that these are one and the

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same object.

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Q

And that comparison that you did led you to

be satisfied that they're one and the same?
A

Yes.

I studied the photographs.

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the object.

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I studied

model Apple Proto 035.

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Q

I believe that these are photographs of

And directing your attention, then, to the

page ending '18787, which is part of Exhibit 841.

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A

Yes.

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Q

And working with the images such as we have

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them --

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A

Yes.

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Q

-- is that ribbing that you see there that
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runs along what we can generally say is the perimeter

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of the -- the front surface, at least in terms of the

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corner that appears closest to the -- to the --

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A

Yes, ribbing or holes.

I need to pick the

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model apart to be sure, but it looks more like some

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form of rib.

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Q

And that's one of the comparisons that you

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see between the photographs and the three-dimensional

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model, the 035 model, that satisfied you that they're

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one and the same?
A

That is one of the details that satisfied me

that it was one and the same.

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Q

Directing your attention to '18790.

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A

Yes.

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Q

You'll see that, at least as shown in this

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image here, there appears to be a somewhat thicker,

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darker line that runs at least part of the perimeter

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of the front of the device that can be seen there on

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the front; do you see that?

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A

There are a number of parallel lines, one of

which is darker and broader than others.
Q

And does that line, in your view, correspond

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to the -- the broader gap that's discernible there on

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the 035 model?

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A

It appears to be either the edge of the cover
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A

Where is it?

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Q

It's the photographs that we were working

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with of the model on the cusp.

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A

I have it.

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Q

And could you look, please, at -- could you

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look please at the page marked '18781.

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A

I am looking at it now.

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Q

Do you see above there's a hole and an

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insignia above the hole that looks like a headphone?

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A

That is a headphone icon.

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Q

And the hole, what does that represent to

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you?

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A

That represents the headphone socket.

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Q

When you compared the -- the model marked 035

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to '18781, did you compare the apparent color of the

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headphone icon on the model to the apparent color of

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the headphone icon on the photograph?

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A

Yes.

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Q

And what did you -- did you observe any

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difference between the two?
A

Yes, it appears white in the real world with

the model.
Q

It appears black on this image.

What did you con- -- what did you conclude as

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you compared 035 to the photographs depicted in 841

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about why the headphone icon looked different?
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A

It's the nature of the translucent material.

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The white icon on the model was created by a rubdown

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which is a transfer similar to retrosic, if that's

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more familiar, and on the outside surface shadowing

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occurs, and quite often the shadow reads stronger than

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the actual icon itself.

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Q

Reads stronger in what circumstance?

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A

As more visible, as more pronounced.

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Q

In what con- -- in the photographs?

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model?
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In the

In which context is it more pronounced?
In the context of, if it's a luminous object

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and it's lit from the back, you'll just see darkness

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on that icon because you're seeing the shadow of the

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icon, and in other lighting conditions you will see

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the shadow reflected on the inside surface more

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strongly than you may see the actual icon printed on

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the outside.

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Q

So what did you conclude about whether the

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model 035 is represented by the photographs in 841

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based on the apparent difference in color?

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A

I was convinced that this was that phenomenon

taking place and that this was same object.

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MR. JACOBS:

No further questions.

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MR. ZELLER:

Nothing further at this point.

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THE VIDEOGRAPHER:

This marks the end of Disc

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No. 3 of 3 and concludes today's deposition of Chris

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Stringer.

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The time is 3:23 p.m., and we are off record.

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(WHEREUPON, the deposition ended at

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3:23 p.m.)
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CERTIFICATE OF REPORTER

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I, ANDREA M. IGNACIO HOWARD, hereby certify

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that the witness in the foregoing deposition was by me

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duly sworn to tell the truth, the whole truth, and

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nothing but the truth in the within-entitled cause;

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That said deposition was taken in shorthand

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by me, a Certified Shorthand Reporter of the State of

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California, and was thereafter transcribed into

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typewriting, and that the foregoing transcript

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constitutes a full, true and correct report of said

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deposition and of the proceedings which took place;

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That I am a disinterested person to the said
action.

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IN WITNESS WHEREOF, I have hereunto set my
hand this 4th day of November 2011.

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_______________________________________
ANDREA M. IGNACIO HOWARD, RPR, CCRR, CLR, CSR No. 9830

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