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 B
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,
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 JONATHAN IVE
SAN FRANCISCO, CALIFORNIA
THURSDAY, DECEMBER 1, 2011

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BY: ANDREA M. IGNACIO HOWARD, CSR, RPR, CCRR, CLR
CSR LICENSE NO. 9830
JOB NO. 43920
TSG Reporting - Worldwide

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MR. ZHANG:
Foerster, for Apple.

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Patrick Zhang, Morrison &

THE VIDEOGRAPHER:

Will the court reporter

please swear in the witness.

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JONATHAN IVE,

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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. ZELLER

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MR. ZELLER:

Q.

Good morning.

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A

Good morning.

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Q

I understand you've had the pleasure of being

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deposed at least a couple of times before, but one, if

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I understand correctly, and tell me if -- if you

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recall this, was a case called Apple versus Future

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Power?

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A

Yes, I do recall.

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Q

All right.

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And generally speaking, that was about the

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iMac?

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A

Yes.
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We are off the record at 4:02 p.m.

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(Recess taken.)

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THE VIDEOGRAPHER:

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This is the beginning of

Disc No. 5, Volume I.

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We are back on the record at 4:25 p.m.

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You may proceed.

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MR. ZELLER:

Q.

What I'd like to show you is

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a three-dimensional mockup of a tablet that's been

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produced by Apple in this case, and it's generally

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known as the 035 mockup or -- or prototype, and please

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take a look at that.

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Have you seen the 035 mockup before?

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A

Yes, I have.

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Q

And when do you remember first seeing the 035

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mockup?
A

My recollection of -- of first seeing it is

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very hazy, but it was, I'm guessing, sometime between

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2002 and 2004, some -- but it was -- I remember seeing

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this and -- and perhaps models similar to this when we

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were first exploring tablet designs that ultimately

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became the iPad.

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Q

Do you recognize the 035 mockup as a mockup

that the Apple model shop produced?
A

I actually don't know which model shop

made -- made this, but I recognize this as a model
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that was produced during our exploration.
Q

Do you recall if the -- the group that

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produced the actual physical model of this 035 mockup

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was an internal group or whether it was an outside

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vendor?

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A

I have no -- no recollection.

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Q

Is the 035 mockup a tablet design that you

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personally worked on?
A

It was -- the best of my recollection, this

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was a design that was modeled as a consequence of the

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way that we work, which is as a team.

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Q

Do you recognize the 03 mockup design as a

design that you, among other people, invented?

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A

You said 03.

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Q

'5 mockup, the physical one that you have in

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front of you?
A

Yes, I recognize this as one of -- one of the

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models that we made as part of the design process, as

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part of the exploration.

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Where my recollection is hazy is trying to

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remember, you know, at what point in the exploration

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we made this, the circumstances around making it.

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But I certainly recognize it as a model that
we made as part of that exploration.
Q

Is the design that's shown in the
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'889

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design patent, which is marked as Exhibit 8, the same

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design as the 035 mockup?

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A

I think that there are many similarities.

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Q

Apart from being able to say that there are

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many similarities, can you tell me with any certainty

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one way or another whether the design that's shown in

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the '889 design patent is the same design as the 035

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mockup?

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MR. JACOBS:
THE WITNESS:

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Objection; lacks foundation.
I can say confidently that

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there are many, many elements that are represented in

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this model that I see in our patent.

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MR. ZELLER:

Q.

And can you tell me anything

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beyond that with any certainty in terms of whether

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that's the same design or not?

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A

I think I -- I think I've done my best to

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answer the question, which is I think there are many

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elements that I see here that I see in our design

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patent.

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Q

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models --

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A

Yeah.

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Q

-- of any tablet designs that were created

Are you aware of any three-dimensional

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prior to March 17, 2004, that was closer in its

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appearance to the design that's shown in the
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'889 design patent than the 035 mockup?
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I'm not aware of any that are closer or less

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close.

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patent, and I can see many similarities.

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Q

I recall this model; I, of course, recall this

Is it your best understanding that the model

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that was created to reflect the design that's shown

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here in the '889 design patent is the 035 mockup, or

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is it your impression that there's another mockup that

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was a rendition -- a three-dimensional rendition of

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the '889 design?

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MR. JACOBS:

Objection; lacks foundation.

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THE WITNESS:

Yes, and I'm afraid I also

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don't understand your question.

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another model that reflects this.

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You said is there

My sense is that we would make a model, and

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then from what we learned, we would then work on

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defining a patent, not the other way around.

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MR. ZELLER:

And that's fair enough.

So let

me -- let me rephrase it.

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Q

You have in front of you the 035 mockup.

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A

Yes.

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Q

And I'll tell you, that's -- that's the one

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that we have here.

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A

Yes.

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Q

And so what I'm really trying to find out is:
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