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 G
FILED UNDER SEAL

Page 1767
BEFORE THE
UNITED STATES INTERNATIONAL TRADE COMMISSION

___________________________
In the Matter of:

)

CERTAIN ELECTRONIC DIGITAL )
MEDIA DEVICES AND

337-TA-796

)

COMPONENTS THEREOF

Investigation No.

)

___________________________
Main Hearing Room

United States
International Trade Commission
500 E Street, Southwest
Washington, D.C.

Wednesday, June 6, 2012

Volume 5

The parties met, pursuant to the notice of the
Judge, at 8:46 a.m.

BEFORE:

THE HONORABLE THOMAS B. PENDER

Page 2049
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do you recall that?

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A.

Yes.

I do.

3

Q.

Can you explain to the Court why it is

4

you believe that the bump on the back does not

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prevent the Galaxy S 4G from infringing, while

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the -- the curved back of the 3G does -- still

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does practice the patent in your view?

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A.

I'm sorry, can you repeat that?

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Q.

Sure.

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That wasn't very good.

You were asked about the Galaxy S 4G,

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correct?

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A.

Correct.

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Q.

And the bump on the back?

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A.

Correct.

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Q.

And the influence that that bump had

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or didn't have on your opinion about whether

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the Galaxy S 4G practices the '757 patent,

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correct?

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A.

Correct.

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Q.

You were also asked about the shape of

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the back on the iPhone 3G S?

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A.

That's correct.

23

Q.

And you -- your opinion is that the

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iPhone 3G S practices the '757 patent, correct?
A.

Absolutely.

Page 2050
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Q.

Can you explain to us why it is you

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reached those two conclusions and that they're

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not inconsistent despite the different shapes

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on the back of the two devices?

5

A.

I believe the overall impression held

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by an ordinary observer when comparing these

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phones is driven dominantly by the reflection

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and transparency of the overall rectangular

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curved cornered front of the device and its

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bezels.

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And that, to me, is a domineering

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visual element that, in my experience as a

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designer, trying to understand over the years

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what made consumers react to the designs, we

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were -- I was designing -- I've learned that

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they react to certain things, and that, to me,

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really is a dominant creator of the overall

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impression of these phones.

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MR. BARQUIST:

Thank you.

That's all

I have, Your Honor.
JUDGE PENDER:

Do you have anything

else, Mr. Zeller?
MR. ZELLER:

Just a couple questions,

Your Honor.
JUDGE PENDER:

Okay, please.

Page 2051
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RECROSS-EXAMINATION
BY MR. ZELLER:
Q.

You mentioned that you consider the

4

dominant aspect of these phones, the iPhone, to

5

be reflection and transparency of the overall

6

rectangular curved corner shape, do you recall

7

that?

8

MR. BARQUIST:

9

testimony, Your Honor.

10

THE WITNESS:

Misstates the

I believe I mentioned

11

that as part of my description of the overall

12

impression that the ordinary observer would

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have of the phone, which I believe is

14

represented in the patent.

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JUDGE PENDER:

overruled the objection, but continue.

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18
19

Note that I would have

THE WITNESS:

I'm sorry.

BY MR. ZELLER:
Q.

As you agreed last time when you

20

testified, D '687 doesn't contain those oblique

21

lines, so it doesn't show a reflection, right,

22

a transparency?

23

A.

I'm sorry?

24

Q.

Do you recall last time you were here

25

you testified that because the oblique shading

Page 2122
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(Whereupon, at 4:48 p.m., the hearing

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recessed, to reconvene at 8:45 a.m. on

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Thursday, June 7, 2012.)

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Page 2123
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C O N T E N T S

2

WITNESS

DIRECT CROSS REDIRECT RECROSS STAFF

3

DR. SAMUEL RUSS

1797

1820

1853

4

ROBERT ANDERS

1862

1901

1917

5

GREGORY JOSWIAK

1938

1974

6

KIWON LEE

1983

7

KIHYUNG NAM

1988

8

PETER BRESSLER

1992

9

ROBERT ANDERS

2060

10

ANDRIES VAN DAM

2064

2067

11

PETER BRESSLER

--

2092

2021

--

2048

2051

2105

1848

2053

2112

12
13

AFTERNOON SESSION: 1917

14
15

CONFIDENTIAL SESSIONS:

1947-1982 and 1996-2076,

16
17

E X H I B I T S

18

MARKED

RECEIVED

19

COMPLAINANT

20

CX-2596C...........................1952

21

CX-15C.............................1952

22

CX-54..............................1952

23

CX-2384C...........................1952

24

CX-2386C...........................1952

25

CX-2387C...........................1952