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

Filing 1346

Unredacted Exhibits to Bartlett Decl ISO Apple's Response to Samsung's Opening Memo Re Design Patent Claim Construction (Dkt. No. 1140) re 1256 Order on Administrative Motion to File Under Seal, by Apple Inc.. (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 4, # 4 Exhibit 5, # 5 Exhibit 6, # 6 Exhibit 7, # 7 Exhibit 8, # 8 Exhibit 9, # 9 Exhibit 10, # 10 Exhibit 11, # 11 Exhibit 12, # 12 Exhibit 13, # 13 Exhibit 14, # 14 Exhibit 27)(Jacobs, Michael) (Filed on 7/25/2012) Modified text on 7/26/2012 (dhm, COURT STAFF).

Exhibit 6
(Submitted 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
TSG Reporting - Worldwide

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FRIDAY, NOVEMBER 4, 2011
9:56 a.m.

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VIDEOTAPED DEPOSITION OF CHRISTOPHER
STRINGER, taken at QUINN EMANUEL URQUHART & 7
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SULLIVAN, LLP, 555 Twin Dolphin Drive,
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Suite 560, Redwood Shores, California,
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Pursuant to Notice, before me,
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ANDREA M. IGNACIO HOWARD, CLR, CCRR, RPR,
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CSR License No. 9830.
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A P P E A R A N C E S:
FOR APPLE INC.:
MORRISON & FOERSTER
By: MICHAEL A. JACOBS, Esq.
425 Market Street
San Francisco, California 94105

FOR SAMSUNG ELECTRONICS CO. LTD:
QUINN EMANUEL URQUHART & SULLIVAN
By: MICHAEL T. ZELLER, Esq.
865 South Figueroa Street, 10th Floor
Los Angeles, California 90017

ALSO PRESENT: Benjamin Gerald, Videographer
Cyndi Wheeler, Apple, Inc.
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REDWOOD SHORES, CALIFORNIA
FRIDAY, NOVEMBER 4, 2011
9:56 a.m.

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THE VIDEOGRAPHER: Good morning. This marks 7
the beginning of the disc labeled No. 1 of the
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videotaped deposition of Chris Stinger -MR. JACOBS: Stringer.
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THE VIDEOGRAPHER: -- Stringer. In the
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matter Apple, Incorporated versus Samsung Electronics
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Company Limited, et al.
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Held in the United States District Court for
the Northern District of California, San Jose
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Division. Case number is 11-cv-01846-LHK.
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This deposition is being held at 555 Twin
Dolphin Drive, in the city of Redwood Shores,
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California. Taken on November 4th, 2011, at
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approximately 9:56 a.m.
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My name is Benjamin Gerald from TSG
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Reporting, Incorporated, and I am the legal video
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specialist. The court reporter is Andrea Ignacio, in
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association with TSG Reporting.
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At this time, will counsel please identify
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TSG Reporting - Worldwide

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themselves for the record.
MR. ZELLER: Mike Zeller for Samsung.
MR. JACOBS: Michael Jacobs from Morrison &
Foerster for Apple. With me is Cyndi Wheeler from
Apple Legal.
THE VIDEOGRAPHER: Thank you.
Will the reporter please swear the witness.
CHRISTOPHER STRINGER,
having been sworn as a witness,
by the Certified Shorthand Reporter,
testified as follows:
THE VIDEOGRAPHER: Thank you.
Please proceed.
EXAMINATION BY MR. ZELLER
MR. ZELLER: Let's please mark as
Exhibit 1161 the Reply Declaration of Christopher
Stringer in Support of Apple's Motion for Preliminary
Injunction.
(Document marked Exhibit 1161
for identification.)
MR. ZELLER: Q. Please let me know when
you've reviewed 1161.

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Q Focusing your attention at the first page -or on the page of Exhibit 1, this is a CAD file
showing the front face, then part of one of the sides
of M68, which, as you said, was an iPhone concept; is
that correct?
A Yes.
Q Do you have a name for what surrounds the
display screen that's on the front surface of this
design?
A I would call that the housing.
Q People within Apple also sometimes call it
the case, C-A-S-E?
A I would find that unlikely.
Q Well, why was it Apple didn't use this design
that's depicted in Exhibit 1 of your declaration?
A We chose an alternate design.
Q Why?
A We found a more beautiful, more iconic form
factor for this product.
Q Any other reasons?
A No.
Q Who made that decision?
A The design group at Apple made that decision.
Q No one in particular made that decision?
A Correct.

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MR. JACOBS: Objection; form.
MR. ZELLER: Q. Isn't it true that Steve
Jobs rejected this design?
A That is not my recollection.
Q Well, isn't it true, whether it was this
exact design or not, that Steve Jobs rejected the
initial iPhone designs that had the housing, the term
you used, around the front of the screen on the front
because it distracted from the display screen?
A I do not recall that to be a fact.
Q Well, weren't you at a meeting where Steve
Jobs told everyone that the design that had this
housing on the front surface was being scrapped?
A I do not recall such a meeting.
Q Well, directing your attention to the design
that's shown in Exhibit 1 to your declaration, does
having the housing that also extends on the front
surface around the display, in your view, distract
from the display screen?
MR. JACOBS: Objection; form.
THE WITNESS: I do not understand the
question.
MR. ZELLER: Q. What's unclear about it to
you?
A I do not know what you mean by "distract."

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Q Well, why is it that the iPhone, as
manufactured, doesn't have ornamentation on its front
surface, other than the button?
MR. JACOBS: Objection; form; assumes facts
not in evidence.
THE WITNESS: We found a more iconic design
that we found more beautiful.
MR. ZELLER: Q. Any other reason?
MR. JACOBS: Same objection.
THE WITNESS: That is the reason.
MR. ZELLER: I didn't ask for "the reason."
Q Is there any other reason?
MR. JACOBS: Same objection.
THE WITNESS: I -- we did not need another
reason.
MR. ZELLER: Q. So the answer is no. That
was the sole reason; correct?
A We found a more beautiful design.
Q You've already said that.
My question is: Is there any other reason at
all?
A *We based our decision on the facts that we
found a more beautiful form factor, a more iconic form
for this design.
Q Let's mark that.

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TSG Reporting - Worldwide

A Excuse me?
Q I'm giving a direction to the reporter to
mark it so when we raise this with the judge, we'll
read this testimony back.
Directing your attention to paragraph 7 of
your declaration which we've marked as Exhibit 1161,
in that same sentence I read earlier, you say here
that you are familiar with:
"The manufacturing and technical challenges
for those products."
Do you see that?
A Excuse me. Could you repeat which line I'm
looking for.
Q This is paragraph 7 on page 2 of your
declaration. The full sentence starts on line 10 and
ends with line 12, and the part I'm focusing on now is
where you say you're familiar with:
"The manufacturing and technical challenges
for these products."
A Correct.
Q Please tell me what your full basis is for
saying that you're familiar with the manufacturing and
technical challenges for these products.
A I understand how we build these products.
Q Have you been to the manufacturing facilities

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That might mean that we redesign the product
from scratch at one most extreme case -- and I cannot
recall an example of that -- and it might mean we
compromise the level of robustness that we introduce
in the product.
I am speculating at this point. I cannot
recall the exact nature of how we responded to the
drop test in this particular example.
Q Can you tell me, with respect to the exterior
design of any version of the iPod Touch, whether you
recall any changes being made in response to any drop
testing report?
A Changes are always made if we choose to
improve the results.
Q And did that happen with the exterior design
of any iPod Touch?
A As to whether it implements the exterior
design, it -- we would have designed a solution that
we thought to be beautiful and iconic that served all
of the requirements, one of those requirements being
some level of robustness that may be a -- a tradeoff,
based on an appearance judgment.
Q Right. I understand.
But I'm trying to find out: Do you recall if
that actually happened with the exterior design of any

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iPod Touch?
A The drop test results do not design products.
We design products to satisfy the level of robustness
or product ruggedness that we think appropriate
when -- when designing the device.
So I'm afraid I'm not sure how to answer your
question. But obviously, you don't seem satisfied
with the answer.
MR. JACOBS: Can we go off the record for a
second. I may be able to help you. I recognize you
trying to get a yes or no answer to something, and I
may be able to facilitate that.
MR. ZELLER: Okay.
THE VIDEOGRAPHER: This marks the end of disc
No. 2 in the deposition of Chris Stinger -THE WITNESS: Stringer.
THE VIDEOGRAPHER: -- Stringer. The time is
1:50 p.m., and we are off the record.
(Recess taken.)
THE VIDEOGRAPHER: This marks the beginning
of Disc No. 3 in the deposition of Chris Stringer.
The time is 1:59 p.m., and we are back on
record.
MR. ZELLER: Q. At any time were any changes
made to the exterior of any iPod Touch design in

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response to any drop test report?
A I do not recall a specific instance when that
occurred.
Q Are you saying you don't recall one way or
another?
A I do not recall that occurring specifically.
Q Is it your memory that it did not occur, or
you're just not recalling one way or another?
That's what I'm trying to figure out.
A The latter. I do not recall. I don't
recall. I don't remember a specific time when that
would -- had occurred.
Q Were any changes made to the exterior of any
iPhone design in response to any drop test report?
A I do not recall.
Q Were any changes made to the exterior of any
iPad design in response to any drop test report?
A I do not recall.
Q Do you recall one way or another whether any
drop test report influenced any aspect of any iPod
Touch design?
A The question is broad. "Influence" is -- can
be construed to varying degrees. And the design, to
my mind, includes the interior of the product.
So internal changes no doubt were made. I do

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TSG Reporting - Worldwide

not recall specific instances of that. I'm trying to
give you a lengthy answer to give you an understanding
of our design process.
Q Let me -- let me rephrase that.
Do you recall one way or another whether any
drop test report influenced any aspect of the exterior
of any iPad -- iPod Touch design?
A No.
Q Do you recall one way or another whether any
drop test report influenced the exterior design of any
iPad product?
A No.
Q Do you recall one way or another whether any
drop test report influenced the exterior design of any
iPhone product?
A No.
Q Is there a group within Apple that's
responsible for conducting drop testing and producing
drop test reports?
A Yes.
Q What's the name of the group?
A Reliability. We refer to them as the rel
guys. In fact, they may have a slightly different
name. I might be misquoting it as reliability.
Q Who is the head of that group, as you

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glass or a shadow beneath it, or a combination of
both.
Q Well, let me -- let me try it with another
image, and maybe we'll come back to this in a minute.
If you'd take a look at the next page, which is
'18791.
A Yes.
Q And maybe this is a better image to try and
work from, but you'll see that there is a -- a darker
line that runs in between the lighter-colored housing
and then the so-called glass, but is really plastic
flat surface; do you see that darker line?
A Yes.
Q Does that darker line, in your view,
correspond to the broader gap that you talked about
earlier with respect to the 035 model?
A It looks to me to be some combination of -and of the edge of what we call the glass -- cover
glass and shadow beneath it. And my guess is it's -the lines show -- what we see is shadow.
Q Is the broader gap depicted in this photo,
the broader gap that you talked about earlier that
is -A This is a dreadful quality reproduction of a
photograph. Yes, the broader gap is depicted very

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badly, but I can tell where it is on the picture.
Q Okay. Well, terrific.
If I could perhaps hand you a pen, and if you
could label where you see that -- that broader gap
that you had described and testified earlier with
respect to the 035 model.
A There.
Q And maybe the most convenient way of doing
this, if you could maybe hold it up for the -- the
camera, and then just kind of show where it runs on
the -- on the page.
A Well, the narrower gap is depicted by this -THE VIDEOGRAPHER: Sir, can you show -THE WITNESS: Okay. The narrow gap is
depicted by this gray fuzzy line here. The broader
gap is in some part depicted by the dark shadow and
the light area next to it.
MR. ZELLER: And it runs along -THE WITNESS: It runs around the full, with
less and less clarity, edge of the photograph. I have
to say it's -- it's too poor an image to discern much
of anything above the line.
MR. JACOBS: Should we mark this as a new
depo exhibit?
MR. ZELLER: Yes, I think so.

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So let's, for the record, please mark as the
version of 841 that now has Mr. Stringer's marking on
it on page '18791 as Exhibit 841A.
(Document marked Exhibit 841A
for identification.)
MR. ZELLER: If we can go back to
Exhibit 1170. And by the way, did you want to send
those mockups back?
MR. JACOBS: That would be great.
MR. ZELLER: Okay. So let's go off the
record.
THE VIDEOGRAPHER: The time is 2:42 p.m., and
we are off the record.
(Recess taken.)
THE VIDEOGRAPHER: The time is 2:55 p.m., and
we are back on the record.
MR. ZELLER: Direct your attention to the
'889 design patent, which was previously marked as
Exhibit 8.
MR. JACOBS: I'll just hand you my copy.
THE WITNESS: All right. Thank you.
MR. ZELLER: Q. Please take a look at
Figure 1.
A Yes.
Q You'll see on Figure 1 that at least as part

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of the -- at least along part of the -- generally what
we'll call the perimeter area of the front, there's a
darker, thicker line?
A Which figure are you looking at?
Q This is Figure 1.
A Figure 1.
Q Do you see where at least on part of the
perimeter, there is a line that is darker and thicker?
A Which would be the second line from the left
on the left side of the figure.
Q Right, on the left side.
And then on the bottom portion of Figure 1,
it appears to run -- to be the line that is -- that
the -- is the edge, at least from that perspective?
A It looks like the edge, yes.
Q Do you know what that thicker line depicts?
A It's -- on the lower edge, it's the -- it
looks like the edge of the housing.
Q Well, what about on the left side?
A It's the edge of the housing.
Q So on both the left side and the bottom side,
you construe that darker, thicker line to be where the
edge of the housing is?
A I do construe that. And it's -- my
assumption is confirmed by looking at Figure 3 that

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No. 3 of 3 and concludes today's deposition of Chris
Stringer.
The time is 3:23 p.m., and we are off record.
(WHEREUPON, the deposition ended at
3:23 p.m.)
---oOo---

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JURAT

I, CHRISTOPHER STRINGER, do hereby certify
under penalty of perjury that I have read the
foregoing transcript of my deposition taken
on November 4, 2011; that I have made such
corrections as appear noted herein in ink,
initialed by me; that my testimony as
contained herein, as corrected, is true and
correct.

DATED this ____ day of _____________, 2011,
at _____________________________, California.

__________________________________
SIGNATURE OF WITNESS

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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
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action.
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IN WITNESS WHEREOF, I have hereunto set my
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hand this 4th day of November 2011.
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_______________________________________
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ANDREA M. IGNACIO HOWARD, RPR, CCRR, CLR, CSR No. 983023
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TSG Reporting - Worldwide

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INDEX
DEPOSITION OF CHRISTOPHER STRINGER
EXAMINATION
PAGE
BY MR. ZELLER
BY MR. JACOBS

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119

EXHIBITS
EXHIBIT
PAGE
Exhibit 1161 Reply Declaration of Christopher 5
Stringer in support of Apple's
Motion for a Preliminary
injunction; 50 pgs.
Exhibit 1162 Colored Photograph Ad of iPad 26
Thinner and Lighter; 1 pg.
Exhibit 1163 U.S. Patent No. D627,777 S;
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7 pgs.
Exhibit 1164 U.S. Patent No. D637,596 S;
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7 pgs.
Exhibit 1165 U.S. Patent No. D621,825 S;
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14 pgs.
Exhibit 1166 Sketchbooks, Bates Nos.
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APLNDC0000037650 - '95; 46 pgs.

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