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

Filing 1349

Declaration of Jason R. Bartlett in Support of 1348 OBJECTIONS TO SAMSUNG'S SUBMISSION IDENTIFYING ATTORNEYS' FEES AND COSTS PURSUANT TO THE COURT'S JULY 11, 2012 ORDER filed by Apple Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Related document(s) 1348 ) (Jacobs, Michael) (Filed on 7/25/2012) Modified text on 7/27/2012 (dhm, COURT STAFF).

Exhibit 1

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

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APPLE INC., a California
corporation,

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Plaintiff and
Counter-Defendant

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vs.

CASE NO.

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11-cv-01846-LHK (PSG)
SAMSUNG ELECTRONICS CO., LTD.,

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a Korean business entity;
SAMSUNG ELECTRONICS AMERICA,

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INC., a New York corporation;
SAMSUNG TELECOMMUNICATIONS

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AMERICA, LLC, a Delaware
limited liability company,

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Defendant and
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Counterclaimant.
_____________________________________/

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DEPOSITION OF PRIYA BALASUBRAMANIAM

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July 17, 2012

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Job No. 51742

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Reported by:

LAURA AXELSEN, CSR NO. 6173
RMR, CRP, CLR

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TSG Reporting - Worldwide

[phone]

15:58

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BE IT REMEMBERED THAT, pursuant to Notice and on
Tuesday, July 17, 2012 at 4:04 p.m. thereof at 555 Twin
Dolphin Drive, Redwood Shores, California, before me,
LAURA AXELSEN, a Certified Shorthand Reporter, personally
appeared
PRIYA BALASUBRAMANIAM,
called as a witness by the Defendants.
---oOo--APPEARANCES
FOR THE PLAINTIFF:
MORRISON & FOERSTER
BY: KENNETH A. KUWAYTI, ESQ.
755 Page Mill Road
Palo Alto, California 94304
FOR THE DEFENDANTS:
QUINN EMANUEL URQUHART & SULLIVAN
BY: SCOTT C. HALL, ESQ.
555 Twin Dolphin Drive
Redwood Shores, California 94065
There also being present Cyndy Wheeler, Apple
In-House counsel, and Sean McGrath, video operator.

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INDEX
PAGE
EXAMINATION BY MR. HALL
EXAMINATION BY MR. KUWAYTI

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VIDEO OPERATOR: Good afternoon. This is the
16:04
start of disc number 1 of the videotaped deposition of
Priya Balasubramaniam in the matter of Apple,
Incorporated, versus Samsung Electronics Company, Limited,
et al. In the U.S. District Court, Northern District of
16:04
California, San Jose Division. Case number
11-cv-01846-LHK, parentheses, PSG, close parentheses.
This deposition is being held at 555 Twin
Dolphin Drive, Redwood Shores, California on July 17th,
2012, at approximately 4:04 p.m.
16:04
My name is Sean McGrath. I'm the legal video
specialist from TSG Reporting, Incorporated, headquartered
at 747 3rd Avenue, New York, New York. The court reporter
is Laura Axelsen in association with TSG Reporting.
Will counsel please introduce yourselves.
16:05
MR. HALL: Scott Hall, Quinn Emanuel, for
Samsung.
MR. KUWAYTI: Ken Kuwayti for the plaintiff
Apple Incorporated.
MS. WHEELER: Cyndi Wheeler from Apple.
16:05
VIDEO OPERATOR: Will the court reporter please
swear in the witness, and we can proceed.
PRIYA BALASUBRAMANIAM
having been duly sworn, testified as follows:
EXAMINATION BY MR. HALL
16:05

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---oOo--Exhibits previously marked and attached hereto:
Plaintiff's Exhibit No. 8 - Apple Products
Lutton Exhibit No. 7 - United States Design Patent No.
US D618,677S
---oOo---

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TSG Reporting - Worldwide

MR. HALL: Q. Good afternoon.
16:05
A. Good afternoon.
Q. Would you please state and spell your full name
for the record?
A. Priya Balasubramaniam, P-r-i-y-a,
16:05
B-a-l-a-s-u-b-r-a-m-a-n-i-a-m.
Q. And where do you currently reside?
A. Cupertino.
Q. And have you ever had your deposition taken
before?
16:06
A. Yes.
Q. Okay. So you know a little bit about the
process, and I'll ask a few questions. Your lawyers may
make some objections, but please answer questions unless
they instruct you not to.
16:06
Do you understand that you're testifying under
oath here today?
A. Yes, I do.
Q. And is there any reason why you can't give your
best testimony today?
16:06
A. No.
Q. If -- if there's anything that's not clear to
you in the questions I ask, please let me know, and I'll
try to rephrase it.
A. Yes.
16:06

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functional reason that you were aware of why that display 16:41 1
had to be darker when the screen was turned off?
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A. Functional reason?
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Q. Yes.
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A. No.
16:41
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Q. Uhm, did you have any understanding as to what
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purpose there was, then, to having the screen be darker
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when the display was turned off?
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A. From what I've been told in discussions, the
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purpose was the look, how the product looked.
16:41
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MR. KUWAYTI: No further questions.
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MR. HALL: We're done.
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VIDEO OPERATOR: This marks the end of volume 1,
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disc 1 and concludes the deposition of Priya
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Balasubramaniam. The time is 4:41 p.m., and we are off
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the record.
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(The deposition was concluded at 4:41 p.m.)
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____________________
PRIYA BALASUBRAMANIAM

CERTIFICATE
I, the undersigned, a Certified Shorthand Reporter,
State of California, hereby certify that the witness in
the foregoing deposition was by me first duly sworn to
testify to the truth, the whole truth, and nothing but the
truth in the within-entitled cause; that said deposition
was taken at the time and place therein stated; that the
testimony of the said witness was reported by me, a
disinterested person, and was thereafter transcribed under
my direction into typewriting; that the foregoing is a
full, complete, and true record of said testimony; and
that the witness was given an opportunity to read it and,
if necessary, correct said deposition and to subscribe the
same.
I further certify that I am not of counsel or
attorney for either or any of the parties in the foregoing
deposition and caption named, nor in any way interested in
the outcome of the cause named in said caption.
Executed this 17th day of July, 2012.
____________________________
LAURA AXELSEN, C.S.R. 6173

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ERRATA SHEET FOR THE TRANSCRIPT OF:
Case Name: Apple vs. Samsung Electronics
Dep. Date: July 17, 2012
Deponent: Priya Balasubramaniam
Pg. Ln. Now reads Should read Reason
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____________________
SIGNATURE OF DEPONENT
SUBSCRIBED AND SWORN BEFORE ME
THIS____DAY OF_____________, 2012
_____________________________________
(Notary Public) MY COMMISSION EXPIRES:________

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