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 7
(Submitted Under Seal)

Highly Confidential - Attorneys' 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
A T T O R N E Y S' E Y E S O N L Y

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VIDEOTAPED DEPOSITION OF PHIL HOBSON
REDWOOD SHORES, CALIFORNIA
TUESDAY, FEBRUARY 28, 2012

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BY: ANDREA M. IGNACIO HOWARD, CSR, RPR, CCRR, CLR
CSR LICENSE NO. 9830
JOB NO. 46054
TSG Reporting - Worldwide

877-702-9580

Highly Confidential - Attorneys' Eyes Only
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TUESDAY, FEBRUARY 28, 2012
9:10 a.m.

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VIDEOTAPED DEPOSITION OF PHIL HOBSON,
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taken at QUINN EMANUEL URQUHART &
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SULLIVAN, LLP, 555 Twin Dolphin Drive,
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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: HECTOR G. GALLEGOS, Esq.
555 West Fifth Street
Los Angeles, California 90013

FOR SAMSUNG ELECTRONICS CO. LTD:
QUINN EMANUEL URQUHART & SULLIVAN
By: SCOTT B. KIDMAN, Esq.
555 Twin Dolphin Drive
Redwood Shores, California 94065

ALSO PRESENT: Steve Patapoff, Videographer
---oOo--08:42
08:42
08:42

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REDWOOD SHORES, CALIFORNIA
08:42
TUESDAY, FEBRUARY 28, 2012
08:42
9:10 A.M.
08:42
08:42
08:42
08:43
THE VIDEOGRAPHER: Good morning. This is the 08:43
start of tape labeled No. 1 of the videotaped
09:09
deposition of Phil Hobson.
09:09
In the matter of Apple, Inc., versus Samsung 09:09
Electronics Company. Being heard in U.S. District
09:09
Court, Northern District of California, San Jose
09:09
Division. No. 11-cv-01846-LHK.
09:09
This deposition is being held at Quinn
09:09
Emanuel, 555 Twin Dolphin Drive, Redwood Shores,
09:09
California on February 28, 2012, at approximately
09:10
9:10 a.m.
09:10
My name is Steve Patapoff. I'm the legal
09:10
video specialist from TSG Reporting, Inc.,
09:10
headquartered at 747 Third Avenue, New York, New York. 09:10
The court reporter is Andrea Ignacio, in
09:10
association with TSG Reporting.
09:10
Will counsel please introduce yourselves.
09:10
MR. KIDMAN: Scott Kidman for Samsung.
09:10
MR. GALLEGOS: Hector Gallegos of Morrison & 09:10

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TSG Reporting - Worldwide

Foerster, counsel for Apple.
09:10
THE VIDEOGRAPHER: Will the court reporter
please swear in the witness.
PHIL HOBSON,
having been sworn as a witness
by the Certified Shorthand Reporter,
testified as follows:
EXAMINATION BY MR. KIDMAN
MR. KIDMAN: Q. Good morning.
09:10
A Good morning.
09:10
Q Could you state your name for the record,
09:10
please.
09:10
A Phil Hobson.
09:10
Q And what's your home address?
09:10
A 315 Central Avenue, Menlo Park.
09:11
Q And by whom are you currently employed?
09:11
A Apple.
09:11
Q That didn't take long.
09:11
And how long have you been employed by Apple? 09:11
A About eight years.
09:11
Q Do you recall the date you started?
09:11
A I don't recall.
09:11
Q Do you recall the year you started?
09:11

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it was formed.
10:08
And so what were the issues that you
10:08
interfaced with the operations group about regarding 10:08
the aluminum housing and how it was formed?
10:08
MR. GALLEGOS: Objection; form.
10:08
THE WITNESS: I can give you an example of -- 10:08
of one issue.
10:08
MR. KIDMAN: Okay.
10:08
THE WITNESS: So the -- the tooling for
10:08
making the housing in this particular shape was fairly 10:08
complex. So working together with operations to
10:08
figure out exactly the configuration of the tooling to 10:08
make the housing.
10:08
MR. KIDMAN: Q. And when you refer to the
10:09
tooling for making the -- the housing in this
10:09
particular shape, are you referring to the -- the
10:09
shape of the housing in the product as it -- as it was 10:09
shipped?
10:09
A Yes.
10:10
Q And how would you describe the shape of the 10:10
housing of the original iPhone product that was
10:10
shipped?
10:10
A It was an aluminum shell that was open on
10:10
one -- one end.
10:10
Q Do you recall other shapes for the housing
10:10

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being considered that were not adopted?
10:10
A Yes.
10:10
Q What other shapes? What -- what shapes do
10:10
you recall being considered for the housing that were 10:10
not adopted?
10:11
MR. GALLEGOS: Objection; vague.
10:11
THE WITNESS: Shape in -- in what way?
10:11
MR. KIDMAN: Q. In -- in the same way that 10:11
you described for me the housing shape as being an
10:11
aluminum shell open on one end.
10:11
MR. GALLEGOS: Objection; form.
10:11
THE WITNESS: One shape that was considered 10:11
was an aluminum extrusion.
10:11
MR. KIDMAN: Q. Do you recall other shapes 10:11
that were considered but not adopted?
10:11
A Yes.
10:11
Q What other ones?
10:11
A A small plastic housing. I don't know how to 10:11
describe it.
10:12
Q Any others?
10:12
A Those were the main ones that -- that we
10:12
considered.
10:12
Q Do you recall any others that were
10:12
considered?
10:12
A ID looked at a variety of shapes, and I don't 10:12

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recall specifically what they looked like.
10:12
Q Did you interact with operations with respect 10:12
to the tooling for the aluminum -- aluminum extrusion? 10:12
A I don't recall.
10:13
Q Do you recall interacting with operations for 10:13
any purpose regarding the aluminum -- aluminum
10:13
extrusion-shaped housing?
10:13
A I don't recall.
10:13
Q Do you recall interacting with the industrial 10:13
design group regarding the aluminum -- aluminum
10:13
extrusion-shaped housing?
10:13
A I don't remember specific interactions, but 10:13
I'm sure that we did.
10:13
Q Do you recall generally interacting with the 10:13
industrial design group regarding the aluminum -10:13
aluminum extrusion-shaped housing?
10:13
A Yes.
10:13
Q What do you recall about those interactions? 10:13
A Again, I don't remember any specific meetings 10:13
or interactions.
10:14
Q I understand you might not recall a specific 10:14
meeting or a specific interaction, but what do you 10:14
recall generally about the nature of those
10:14
interactions?
10:14
MR. GALLEGOS: Objection; form.
10:14

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TSG Reporting - Worldwide

THE WITNESS: I can only comment generally
10:14
how we work on a project. Specifically for that form 10:14
factor, I don't remember. I don't remember any
10:14
interactions with them specifically.
10:14
MR. KIDMAN: Q. And I understand you might 10:14
not recall a specific conversation or a specific
10:14
meeting, but do you recall anything about the nature 10:14
of the interactions -10:14
MR. GALLEGOS: Objection.
10:14
MR. KIDMAN: Q. -- of the industrial design 10:14
group regarding the aluminum extrusion-shaped housing? 10:14
A No, I don't.
10:14
Q Do you recall any interactions with the
10:14
industrial design group regarding the -- what you
10:15
referred to as the small plastic housing that was
10:15
considered for the original iPhone?
10:15
A Again, no, I don't remember specific
10:15
interaction.
10:15
Q How about generally, do you recall any
10:15
interactions?
10:15
A I don't.
10:15
Q Do you have any -- any understanding as to
10:15
why the aluminum -- aluminum extrusion-shaped housing 10:15
was not adopted for the original iPhone?
10:15
A I don't.
10:15

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Highly Confidential - Attorneys' Eyes Only
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Page 215
CERTIFICATE OF REPORTER

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JURAT

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I, PHIL HOBSON, do hereby certify under
Penalty of perjury that I have read the
foregoing transcript of my deposition taken
on February 28 2012; 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.

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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
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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DATED this ____ day of _____________, 2012,
at _____________________________, California.

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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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__________________________________
SIGNATURE OF WITNESS

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IN WITNESS WHEREOF, I have hereunto set my
hand this 28th day of February 2012.

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

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Page 216

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INDEX

1
2
3
DEPOSITION OF PHIL HOBSON
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EXAMINATION
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PAGE
7
BY MR. KIDMAN
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8
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EXHIBITS
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EXHIBIT
PAGE
Exhibit 1170 7-26-06 E-mail Subject: M68
106 11
12
Bezel Machining, Bates Nos.
13
APLNDC0001205831 - '35; 5 pgs.
14
Exhibit 1171 8-14-09 E-mail Subject:
129
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Samsung Jet OLED Analysis,
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Bates Nos. APLNDC0002113588 17
'608; 21 pgs.
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Exhibit 1172 9-20-06 E-mail Subject: Re:
116
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M68/P2 drop models: System
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measurements, Bates Nos.
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APL-ITC796-0000161405 - '09;
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5 pgs.
Exhibit 1173 11-18-08 E-mail Subject: HTC
131 23
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HD Take Apart photos, Bates Nos.
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APLNDC0002015009 - '21; 13 pgs.

TSG Reporting - Worldwide

Page 217

E X H I B I T S (Continued.)
EXHIBIT
PAGE
Exhibit 1174 1-27-08 E-mail, Subject: Re N82 133
Housing: Tooling issues (1/26),
Bates Nos. APLNDC0001370508 '11; 4 pgs.
Exhibit 1175 10-4-06 E-mail, Subject: Re: 135
Thursday take-apart, Bates No.
APLNDC0001531442; 1 pg.
Exhibit 1176 6-2-06 E-mail, Subject: Re:
140
M68 GSM Type Approval Acoustic
Adjustments Effort (Update:
Wednesday 31 May 06), Bates Nos.
APL7940001886403 - '21; 20 pgs.
Exhibit 1177 2-23-06 E-mail String, Subject: 191
Re: Grape mech drop samples,
Bates APLNDC0000187302 - '04;
3 pgs.
Exhibit 1178 1-26-08 E-mail String, Subject: 163
Re: N82 master -01? Bates Nos.
APLNDC0001205935 - '38; 4 pgs.
Exhibit 1179 US Patent No. 7,688,574 B2;
168
13 pgs.
///

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