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 8
(Submitted Under Seal)

Confidential Business Information

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UNITED STATES INTERNATIONAL TRADE COMMISSION

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WASHINGTON, D.C.

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In the Matter of:

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CERTAIN ELECTRONIC DIGITAL
MEDIA DEVICES AND COMPONENTS

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Inv. No.

337-TA-796

THEREOF
____________________________/

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CONFIDENTIAL BUSINESS INFORMATION

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PURSUANT TO THE PROTECTIVE ORDER

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VIDEOTAPED DEPOSITION OF TANG YEW TAN

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REDWOOD SHORES, CALIFORNIA

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MONDAY, MARCH 5, 2012

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BY:

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CSR LICENSE NO. 9830

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JOB NO. 46148

ANDREA M. IGNACIO HOWARD, CSR, RPR, CCRR, CLR

TSG Reporting - Worldwide

[phone]

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MONDAY, MARCH 5,
10:08 A.M.

VIDEOTAPED DEPOSITION OF TANG YEW TAN,
taken at QUINN, EMANUEL, URQUHART &
SULLIVAN, 555 Twin Dolphin Drive, Suite 500,
Redwood Shores, California, pursuant to
Notice, before me, ANDREA M. IGNACIO HOWARD,
CLR, CCRR, RPR, CSR License No. 9830.

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A P P E A R A N C E S:
FOR APPLE INC.:
MORRISON & FOERSTER LLP
By: ANDREW MONACH, Esq.
425 Market Street
San Francisco, California 94105
Phone: [phone] Fax: [phone]
[e-mail]

FOR SAMSUNG ELECTRONICS CO. LTD:
QUINN EMANUEL URQUHART & SULLIVAN, LLP
By: MARY MCNEILL, Esq.
50 California Street, 22nd Floor
San Francisco, California 94111
Phone: [phone] Fax: [phone]
[e-mail]

ALSO PRESENT: Aric Kerhoulas, Videographer
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REDWOOD SHORES, CALIFORNIA
MONDAY, MARCH 5, 2012
10:08 A.M.

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THE VIDEOGRAPHER: Good morning.
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This marks the beginning of Disc 1 of the
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videotaped deposition of Tang Yew Tan. In the matter
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of Certain Electronic Digital Media Devices and
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Components Thereof.
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In the United States International Trade
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Commission, Washington D.C. Investigation
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No. 337-TA-796.
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This deposition is being held at the office
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of Quinn Emanuel at 555 Twin Dolphin Drive in
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Redwood Shores, California.
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The date today is March 5, 2012, and the time
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is approximately 10:08 a.m.
My name is Aric Kerhoulas from TSG Reporting, 20
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Incorporated. Our court reporter today is Andrea
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Ignacio, in association with TSG Reporting.
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Will counsel please introduce yourselves,
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starting with the questioning attorney.
MS. MCNEILL: Mary McNeill of Quinn Emanuel 25

TSG Reporting - Worldwide

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for Samsung.
MR. MONACH: Andrew Monach, Morrison &
Foerster, representing Apple and the witness.
THE VIDEOGRAPHER: If the court reporter will
please swear in the witness, we can proceed.
TANG YEW TAN,
having been sworn as a witness
by the Certified Shorthand Reporter,
testified as follows:
EXAMINATION BY MS. MCNEILL
MS. MCNEILL: Q. Good morning, Mr. Tan.
A Good morning.
Q Would you please state your name for the
record.
A Tang Yew Tan.
Q Mr. Tan, what is your home address?
A 617 Wellsbury Way, Palo Alto, California
94306.
Q And what is your business address?
A 1 Infinite Loop, Mailstop 305-1PH, Cupertino,
California 95014.
Q Now, Mr. Tan, I'm going to go over some of
the ground rules of the deposition today just to make

[phone]

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working on related to the development of the
iPhone 3G?
A In addition to the volume button, the -- the
switch also -- the switch to the high stainless steel
also included a hole button and a ringer button. So I
was also involved in that transition, working with BJ
and Eric.
Again, working with the industrial design
group on achieving the flat glass on the front with
all the ID details and geometric, and working on the
high-shine bezel or -- bezel is what we call the
metal -- high-hardness stainless steel ring around the
front of the phone.
Q And anything else you can think of, sitting
here today?
A Any particular -- I mean, apart from the ones
that I mentioned, I can't remember anything else at
this moment.
Q And what was your participation working with
the industrial design team on the manufacture of the
enclosure for the iPhone 3G?
A Very similar to some of the things I
testified earlier. Industrial design team will come
up with the design goal of what they want the product
to look like, and I'll work closely with the

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operations team and also the vendors to find
manufacturing processes to achieve the industrial
design goal.
Q And were there any instances where you
couldn't find manufacturing processes to achieve the
exact design goal that was given to you with respect
to the manufacture of the enclosure for the iPhone 3G?
A None that I can think of right now. None
that I can recollect.
Q Were there any instances where you couldn't
find manufacturing processes to achieve the exact
design goal that was given to you from the industrial
design team with respect to anything related to the
iPhone 3G?
A Again, like I mentioned earlier, as I sit
here right now, there's nothing that I can -- that I
can remember that we did not achieve on the given ID
goals.
Q So just to be sure I'm clear, the industrial
design team presented you with design goals related to
the iPhone 3G. And in the process of seeking out
manufacturing processes to achieve those design goals,
you were able to effectively achieve those -- every
single one of those goals without any changes?
MR. MONACH: Objection; asked and answered.

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THE WITNESS: As I sit here right now, trying
to recollect events from many years ago, that's what I
remember.
MS. MCNEILL: Q. And I have your best and
complete recollection on that?
MR. MONACH: Asked and answered.
THE WITNESS: As far as I recollect, yes.
MS. MCNEILL: And you mentioned that you
worked with the industrial design team in creating a
flat glass and front of the iPhone 3G.
Q What was your participation in creating a
flat glass and front of the iPhone 3G with the
industrial design team?
A As we were given the goal, again, from the
industrial design group, we worked closely with the
operations group and the manufacturers to achieve the
high-flatness, high-polished glass top surface.
Q And were there any manufacturing challenges
presented with respect to achieving the flat glass
front of the iPhone 3G as requested by the industrial
design team?
A There were -- there are manufacturing
challenges to achieve the look which require using
regular processes. But we created additional steps
and processes to make sure that we can achieve

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TSG Reporting - Worldwide

whatever that was requested by ID.
Q And what were the decision steps or processes
you created?
MR. MONACH: Objection; lack of foundation.
You can describe any that you're aware of and
remember.
THE WITNESS: There is a -- the opening in
the -- in the front of the glass, what we call a
receiver opening, and ID wanted very, very sharp
details, very nice details around the opening of the
glass, right centered in the top area of the product.
Any time you work with glass, it's a -- it's
a very hard material. It's -- it's difficult to
process with glass. And to achieve that level of
refinement and precision that is required, it
required -- necessitated a bunch of new manufacturing
processes and steps.
MS. MCNEILL: Q. And what were those new
manufacturing processes and steps, generally?
MR. MONACH: Objection; lack of foundation.
THE WITNESS: Some of them would involve -for example, ID wanted a high-polished chamfer. That
would require a tool that will go in to polish out the
glass.
ID wanted a nice chamfer feature which was --

[phone]

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which had a controlled dimension per the ID file, and
that required creating grinding tools that had
geometry that matched that.
So some examples of manufacturing processes
that were developed to satisfy the industrial design
requirement.
MS. MCNEILL: Q. And did the industrial
design team ever approach you or your team about
creating a device where the display ran from one edge
of the device to the other?
MR. MONACH: Objection; vague.
THE WITNESS: I wouldn't -- I would -- I
don't know whether you can define "approach."
But, I mean, the industrial design team came
up with what they wanted the design to look like, and
we basically went off to explore the means of
achieving that goal.
MS. MCNEILL: Q. And did one of the designs
that the industrial design team came up with that they
wanted the device to have, was one of those designs a
display that ran from one edge of the device to the
other?
MR. MONACH: Objection; vague; lack of
foundation.
THE WITNESS: Can you define clearly what you

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mean by a display that ran from one edge to the edge
of the product? What do you mean by "display"
specifically?
MS. MCNEILL: The display being the part of
the phone that you -- that you view.
Q Well, I'll ask you, since you're the expert:
What's the display on the iPhone?
MR. MONACH: Objection to the form of the
question; vague and ambiguous; lacking foundation.
THE WITNESS: I would interpret display as
the liquid crystal display that has a viewable area.
MS. MCNEILL: Q. And did the design team
ever present to you a desired design for the iPhone
where the display began at one edge of the device and
ran continuously to the other edge of the device?
MR. MONACH: Object to the form of the
question as vague.
THE WITNESS: Not that I can recollect. But
then again, my group is responsible for product
design. There is a display group that handles the
selection of displays within Apple. So as far as I
know, I don't -- I don't know.
MS. MCNEILL: Q. And do you recall ever
hearing about the possibility of a design for the
iPhone wherein the display screen took up one edge of

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the phone to the other edge of the phone?
MR. MONACH: Object to form.
THE WITNESS: Not that I can recollect on the
development of the first phone.
MS. MCNEILL: Q. And any that you can
recollect in the development of any of the iPhones?
MR. MONACH: Same objection.
THE WITNESS: None that -- none that I can
recollect for any of the phones that have shipped, no.
MS. MCNEILL: Q. And can you recollect that
for any phones that weren't shipped?
MR. MONACH: Objection; vague.
And let me just caution you, in case your
last answer referred to something under development,
I'll instruct you not to reveal anything under -under development. If it's designs leading up to that
were abandoned for anything from the first iPhone
through the iPhone 4S, you can describe that.
THE WITNESS: Yeah, nothing -- nothing in the
development of the iPhone 1 to iPhone -- the first
iPhone to the iPhone 4S, as far as I know, had the
request for a display from edge to edge.
MS. MCNEILL: Q. And are you aware of any
request for a display from edge to edge for any Apple
products --

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TSG Reporting - Worldwide

MR. MONACH: Objection; lack -MS. MCNEILL: Q. -- whether -MR. MONACH: Sorry.
MS. MCNEILL: Sorry.
Not asking to unreleased future products.
Q But specifically in regards to products that
Apple has either tested or made prototypes for or
investigated or released in the past, have any
considerations been made, to your knowledge, for a
display that ran from edge to edge?
MR. MONACH: Objection; lack of foundation.
THE WITNESS: Not that I know of. Again, I'm
not part of the industrial design team, so I don't
know what models they have created or what designs
they have come up with. I have no idea.
MS. MCNEILL: Q. And are you aware of
manufacturing constraints or challenges with respect
to display screens that run from the edge -- one edge
of the device to the other?
MR. MONACH: Objection; lack of foundation;
assumes facts not in evidence; vague; incomplete
hypothetical.
THE WITNESS: The liquid crystal display is
not part of the product design group, so I don't know
the details of the manufacturing processes.

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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 6th day of March, 2012.
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_______________________________________
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ANDREA M. IGNACIO HOWARD, RPR, CCRR, CLR, CSR No. 983023
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INDEX
DEPOSITION OF TANG YEW TAN
EXAMINATION
PAGE
BY MS. MCNEILL
EXHIBITS
EXHIBIT
PAGE
Exhibit 1 7-19-04 E-mail String, Subject: 43
Group addresses for Q79 Program,
Bates Nos. APL-ITC796-0000355464 '65; 2 pgs.
Exhibit 2 1-17-08 E-mail String, Subject: 49
Re: Latest Slides for Buttons,
Bates No. APL-ITC796-0000013419;
1 pg.
Exhibit 3 4-15-08 E-mail String, Subject: 77
Re: DVTa volume buttons feel
squishy, Bates Nos.
APL-ITC7960000033707 - '08; 2 pgs.
Exhibit 5 Respondent's First Notice of
115
Deposition to Complainant Apple
Inc.; 13 pgs.

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E X H I B I T S (Continued.)
EXHIBIT
PAGE
Exhibit 6 1-7-08 E-mail String, Subject: 130
Re: Ringer, Bates Nos.
APL-ITC796-0000033455 - '56;
2 pgs.
Exhibit 7 9-12-07 E-mail String, Subject: 137
You are one brave dude..., Bates
Nos. APL-ITC796-0000022555 - '58;
4 pgs.
Exhibit 8 U.S. Patent 7,863,533, Bates Nos. 149
APL-ITC796-0000000365 - '77; 13 pgs.
Exhibit 9 U.S. Patent No. 7,688,574 B2;
156
13 pgs.
Exhibit 10 12-27-07 E-mail String, Subject: 217
Re: Metal btn DFM, Bates Nos.
APL-ITC796-0000151780 - '81; 2 pgs.
Exhibit 11 1-17-08 E-mail String, Subject: 222
Re: Latest Slides for Buttons,
Bates Nos. APL-ITC796-0000032828;
'32863 - '68; 7 pgs.
Exhibit 12 1-12-07 E-mail String, Subject: 229
Re: 3G Samsung, Bates Nos.
APL7940012243697 - '98; 2 pgs.

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E X H I B I T S (Continued.)
EXHIBIT
PAGE
Exhibit 13 5-18-07 E-mail String, Subject: 283
Re: N82 Thermal Review 5/16,
Bates Nos. APL7940001977602 '05; 4 pgs.
Exhibit 14 5-22-07 E-mail String, Subject: 285
Re: N82 Thermal Meeting Minutes,
Bates Nos. APL7940001977606 '07; 2 pgs.
---oOo--**NOTE: Exhibit 4 Redacted from the record.
---oOo---

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