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

Filing 1351

Unredacted Claim Construction Brief 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, re (Dkt. No. 1183) (Attachments: # 1 Exhibit 2 to the Schmidt Declaration, # 2 Exhibit 4 to the Schmidt Declaration, # 3 Exhibit 9 to the Schmidt Declaration, # 4 Exhibit 10 to the Schmidt Declaration, # 5 Exhibit 11 to the Schmidt Declaration, # 6 Exhibit 12 to the Schmidt Declaration, # 7 Exhibit 13 to the Schmidt Declaration, # 8 Exhibit 14 to the Schmidt Declaration)(Maroulis, Victoria) (Filed on 7/26/2012) Modified text on 7/27/2012 (dhm, COURT STAFF).

EXHIBIT 4
FILED UNDER SEAL

Highly Confidential Under the Protective Order

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
APPLE INC., a California
corporation,

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Plaintiff,

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vs.
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,

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Case No. 11-CV-01846-LHK

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Defendants.
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*HIGHLY CONFIDENTIAL UNDER THE PROTECTIVE ORDER*

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VIDEOTAPED DEPOSITION OF BAS ORDING
Redwood Shores, California
Tuesday, August 9, 2011

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Reported by:
LORRIE L. MARCHANT, CSR No. 10523, RPR, CRR, CCRR, CLR
JOB NO. 40970

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a touchscreen?

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MR. BRIDGES:

Objection.

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THE WITNESS:

I don't know.

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MR. JOHNSON:

A copy of the '381 patent.

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(Marked for identification purposes,

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Exhibit 71.)

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BY MR. JOHNSON:

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Vague and ambiguous.
It could be,

but ...

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Q.

You recognize this as your patent; right?

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A.

I recognize this as the patent that I'm shown

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as an inventor.

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Q.

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Column 35?

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A.

Right.

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Q.

-- there -- there are claims that are numbered

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Now, if -- I turn -- if you turn to the back,

1 to 20 there.

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Do you see that?

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A.

Yes, I see that.

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Q.

And if I ask you about terms that are contained

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in this claim, these claims, so, for example, if I ask

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you to look at Claim 1 --

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A.

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Q.

Yeah.
-- right, it says, A computer-implemented

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method comprising at a -- comprising:

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a touchscreen display.
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At a device with

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Can you tell me what "at a device with a
touchscreen display" means?

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MR. BRIDGES:

And I'll object as call for a

legal conclusion.

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THE WITNESS:

Yeah.

I don't know what it means

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legally, but in my own terms, I think it's about some --

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yeah, some device with a touchscreen.

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BY MR. JOHNSON:
Q.

Okay.

And how about the next -- the next

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limitation:

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document, what -- what does that mean?

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Displaying a first portion of an electronic

MR. BRIDGES:

Same objection.

Calls for a

legal conclusion.

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THE WITNESS:

In my own words, it would display

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part of a -- I guess an electronic document, which could

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mean different things.

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BY MR. JOHNSON:
Q.

document" mean?

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Well, what -- what -- what does an "electronic

MR. BRIDGES:

Objection.

Again, calls for a

legal conclusion.

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THE WITNESS:

To me it means things that are

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electronically stored on some kind of computer, I

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believe.

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it's -- it has to do with something that's visible.

And I guess in the context of this idea,

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BY MR. JOHNSON:

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Q.

What do you mean, "something that's visible"?

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A.

Or something that can be displayed somehow.

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Q.

On a touchscreen, for example?

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have to be on a touchscreen?

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MR. BRIDGES:

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THE WITNESS:

Calls

Well, in my opinion, electronic

documents are -- can be on any kind of computer, as far
as I know.

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Same objection as before.

for a legal conclusion now, as well as expert testimony.

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Or it doesn't

BY MR. JOHNSON:
Q.

Okay.

The next element says -- the next

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limitation says, Detecting a movement of an object on or

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near the touchscreen display.

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What -- what does that mean?

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MR. BRIDGES:

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Same objections.

Calls for

expert testimony and legal conclusion.

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THE WITNESS:

Oh, just the next sentence --

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yeah.

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but from my perspective, the idea that I worked on

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is where you could move your finger on the touchscreen.

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So I assume that that's what it's referring to.

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Yeah.

So I don't know the exact legal meaning,

BY MR. JOHNSON:
Q.

Okay.

limitation:

How about the next -- the next

In response to detecting the movement,
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translating the electronic document displayed on the

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touchscreen display in a first direction to display a

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second portion of the electronic document, wherein the

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second portion is different from the first portion?

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A.
it means?

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Q.

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So are you -- so are you asking me what I think

Yeah.
MR. BRIDGES:

Same objections as before.

Calls

for a legal conclusion and expert testimony.

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THE WITNESS:

Again, legally, I'm not sure what

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it really means.

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I'm not quite sure exactly that the -- what it means

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with first and second portions.

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means.

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Also, because of the wording, I've --

I'm not sure what that

But I think it relates to -- and -- my idea

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where you could move something on the screen with your

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finger, that you can move it in a certain direction.

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BY MR. JOHNSON:

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Q.

So you don't know what the "first portion"

refers to or the "second portion"?

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MR. BRIDGES:

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objections as before.

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THE WITNESS:

Objection.

Same -- same

I -- I wouldn't, like, you know,

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describe it like that, personally.

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///
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