Apple Inc. v. Samsung Electronics Co. Ltd. et al
Filing
1352
Reply in Support of Opening Memorandum re Claim Construction 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. 1179) (Attachments: # 1 Exhibit 1 to the Barach Declaration, # 2 Exhibit 2 to the Barach Declaration, # 3 Exhibit 3 to the Barach Declaration)(Maroulis, Victoria) (Filed on 7/26/2012) Modified on 7/27/2012 (dhm, COURT STAFF).
EXHIBIT 1
FILED UNDER SEAL
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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APPLE INC., a California
corporation,
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Plaintiff,
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vs.
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SAMSUNG ELECTRONICS CO., LTD,
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a Korean business entity;
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SAMSUNG ELECTRONICS AMERICA,
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INC., a New York corporation;
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SAMSUNG TELECOMMUNICATIONS
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AMERICA, LLC, a Delaware
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limited liability company
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Defendants.
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________________________________)
No: 11-CV-01846-LHK
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**HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY**
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DEPOSITION OF QUIN HOELLWARTH
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Redwood Shores, California
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Tuesday, October 25, 2011
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Reported By:
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LINDA VACCAREZZA, RPR, CLR, CRP, CSR. NO. 10201
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JOB NO. 42859
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Tuesday, October 25, 2011
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9:32 a.m.
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Videotaped deposition of QUIN
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HOELLWARTH, held at Quinn Emanuel
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Urquhart & Sullivan, LLP, 555 Twin
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Dolphin Drive, Redwood Shores,
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California, pursuant to
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Subpoena before Linda Vaccarezza, a
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Certified Shorthand Reporter of the
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State of California.
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A P P E A R A N C E S:
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QUINN EMANUEL URQUHART & SULLIVAN
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Attorneys for Defendants
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865 South Figueroa Street
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Los Angeles, California 90017
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BY:
MICHAEL T. ZELLER, ESQ.
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ANNA NEILL, ESQ
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michaelzeller@quinnemanuel.com
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annaneill@quinnemanuel.com
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MORRISON & FOERSTER
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Attorneys for Plaintiff
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755 Page Mill Road
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Palo Alto, California 94304
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BY:
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ERIK J. OLSON, ESQ.
ejolson@mofo.com
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also present:
Wendy Anna Herby,
Apple in-house Counsel
Videographer:
Jason Kocol
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THE VIDEOGRAPHER:
This is the
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start of tape labeled Number 1 of the
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videotaped deposition of Quin Hoellwarth
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in the matter Apple Incorporated versus
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Samsung Electronics Company, Limited, in
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the United States District Court,
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Northern District of California, San Jose
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division.
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This deposition is being held at 555 Twin
Case number 11-CV-01846-LHK.
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Dolphin Drive, Redwood Shores,
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California, on October 25th, 2011.
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approximately 9:32 a.m.
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It is
My name is Jason Kocol and I'm
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a legal video specialist from TSG
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Reporting, Incorporated, headquartered at
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747 Third Avenue, New York, New York.
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The court reporter is Linda Vaccarezza in
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association with TSG Reporting.
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Will counsel please introduce
yourselves for the record.
MR. ZELLER:
Mike Zeller for
Samsung.
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MS. NEILL:
Anna Neill for Samsung.
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MR. OLSON:
Erik Olson of Morrison
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& Foerster on behalf of Apple and the
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witness.
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THE VIDEOGRAPHER:
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Will the court
reporter please swear in the witness.
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QUIN HOELLWARTH,
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having been duly
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sworn, by the Certified Shorthand
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Reporter, was examined and testified as
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follows:
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EXAMINATION
BY MR. ZELLER:
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Q.
Good morning.
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A.
Good morning.
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Q.
Please tell us and spell your full
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name for the record.
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A.
Q-U-I-N, C as a
middle initial, Hoellwarth, H-O-E-L-L-W-A-R-T-H.
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Quin Hoellwarth.
Q.
Have you ever been known as or
gone by any other name?
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A.
I have not.
20
Q.
And are you currently employed?
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A.
I am.
22
Q.
By whom?
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A.
Apple.
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Q.
How long have you worked for
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Apple?
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12:13 p.m.)
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THE VIDEOGRAPHER:
12:13 p.m.
The time is
We are on the record.
BY MR. ZELLER:
Q.
You've an opportunity to review
the 889 design patent?
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A.
I have.
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Q.
Do you recognize this as an issued
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patent that you worked on the application for?
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A.
Yes.
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Q.
And you did this back when you
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were with Beyer Weaver & Thomas?
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A.
Yes.
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Q.
Was your involvement complete
15
prior to the time that you went and began working
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as an Apple employee or did your work on this
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design patent application continue on?
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MR. OLSON:
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mean the prosecution?
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MR. ZELLER:
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THE WITNESS:
Did he work on, you
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in 2007.
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Q.
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25
Yes.
I started at Apple
This issued in 2005.
So the answer is that it was
completed before you left?
A.
Yes.
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Q.
Before you left Beyer Weaver &
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A.
Yes.
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Q.
And generally speaking, what did
2
Thomas?
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you do in connection with the application that
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resulted in the 889 design patent?
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8
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A.
What do you mean, generally do?
Can you be more specific?
Q.
Well, please tell me what the
10
nature of your tasks and responsibilities were in
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connection with the 889 design patent in the
12
prosecution?
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A.
and filed it.
Q.
I prepared the patent application
Is that what you mean?
When you say that you prepared the
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application, were you responsible for the
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generation of the figures that are shown here in
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the 889 design patent?
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A.
Yes.
20
Q.
I take it you didn't draw them
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yourself?
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A.
Are you asking me if I did or --
23
Q.
Right.
24
A.
I did.
25
Q.
You drew these?
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A.
I did.
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Q.
Did you draw all nine of the
3
figures?
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A.
I believe so.
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Q.
Generally speaking, in connection
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with those design patent applications that you
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worked on when you were with Beyer Weaver &
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Thomas, did you actually draw the figures?
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A.
I did.
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Q.
Since you've been working as an
11
employee for Apple, with respect to those design
12
patent applications that you've worked on, do you
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typically actually draw the figures?
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A.
No.
15
Q.
So that practice changed at some
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A.
Yes, when I started at Apple.
18
Q.
Since the time period you began
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point?
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working for Apple, who has prepared the figures
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for the design patent applications?
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talking about actually physically drew them.
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A.
And I'm
In some circumstances, the outside
23
counsel.
Actually, an outside counsel prepares
24
the final drawings.
25
answer.
It's probably a better
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Q.
My question is, is more pedestrian
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and mundane.
3
instances where you were involved with design
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patent applications after starting with Apple,
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who was the person who actually physically does
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the drawing?
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8
9
A.
I'm trying to find out in those
Well, in what time frame, because
it's an organic process.
Q.
Well, I've been focusing on the
10
time period since you began working for Apple.
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But if the person who actually does the drawings
12
changed over time, please tell me that.
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15
A.
Well, let's just say it varies or
it depends.
Q.
In general, are the figures of the
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Apple design patent applications prepared by
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Apple employees?
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A.
The drawings for the patent
applications?
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Q.
Right.
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A.
No.
22
Q.
Typically, in those instances
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where you've been involved with the applications,
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are they done by outside vendors?
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A.
Since being at Apple?
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out the facts from you.
What I can say is is
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that, that these -- and I'm talking about exactly
3
in this form is how it was produced by an Apple
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prosecuting firm, the Stern firm, as I understand
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it.
That's my best understanding.
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A.
This is from the file wrapper.
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Q.
I believe that there are photos
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that are in the file wrapper that I'm going to
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ask you about next that I believe correspond to
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these.
But again, I'm just an outside lawyer.
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I'm trying to see how these things are related.
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And that's my -- that's the point of my
13
questioning.
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make representations to you about any of this
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because that's part of what I'm trying to find
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out.
So it's a little hard for me to
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MR. OLSON:
Did we provide source
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information for these?
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MR. ZELLER:
I don't think so.
My
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last understanding -- we have asked for
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the native files of these, these images.
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MR. OLSON:
And I'm happy to
address that as well, but go ahead.
MR. ZELLER:
And any original
photographs so that we would have clear
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images of it and the like.
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know, the information we have is pretty
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limited.
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produced by Stern, which I believe took
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over the prosecution, but -- and that's
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probably why it's in possession of them.
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But it doesn't -- we don't know what the
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ultimate source of this was.
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But, you
It was, as I understand it,
It was presumably transferred
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from Beyer Weaver & Thomas at some point
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would be my assumption, but again, that's
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part of what I'm trying to find out.
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maybe if we step back for a minute and
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try some kind of foundational things and
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see if this helps --
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A.
Okay.
17
Q.
-- jog your memory on any of
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this.
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So
And let's first focus on the '889 design
patent for a moment.
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A.
Yes.
21
Q.
At some point, did you actually
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have a three-dimensional model that you were
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shown or had access to that helped you form the
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basis of the drawings that you made on the '889
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design patent?
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A.
Yes.
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Q.
And if you could direct your
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attention to the page of Exhibit 841 that bears
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Bates number APLPROS 0000018789.
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A.
18789?
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Q.
Yes.
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And you'll see this is a
photograph of an individual.
Is this you?
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A.
Yes.
9
Q.
And this photograph shows you
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holding a three-dimensional tablet mock-up?
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A.
Yes.
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Q.
And does this depict the three-
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dimensional mock-up that you had available to you
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as a resource to create the '889 design patent
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figures?
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A.
Yes.
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Q.
And in the course of that, was
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there one model that you had to do that?
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MR. OLSON:
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MR. ZELLER:
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As opposed to more
than one.
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As opposed to?
THE WITNESS:
Q.
I don't recall.
Directing your attention to the
last page of Exhibit 841.
A.
(Witness complies.)
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Q.
You'll see that this is a
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cornucopia of you?
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A.
Yes.
4
Q.
Do you know who created these?
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A.
I mean, I don't know but I think
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it was me.
7
Q.
And then directing your attention
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to the other photographs that are part of Exhibit
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841 which show various perspectives of the mock-
10
up, did you take these photos?
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A.
It's likely.
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Q.
Do you recall where you did this?
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In other words, were you at the Beyer law firm's
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offices?
15
remember?
Did you go to Apple to do this?
Do you
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A.
Yes, I remember.
17
Q.
And where was it?
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A.
Apple.
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Q.
And I take it that's the occasion
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in which you were provided the mock-up that's
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depicted in these photographs and other images
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that we have marked as Exhibit 841?
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A.
I believe so.
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Q.
Do you know where the photographs
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are?
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mock-up?
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3
A.
Just to verify, point to what
you're talking about.
4
Q.
You'll see that there's an area
5
here between the glass surface and then what
6
sometimes people call the bezel, there's an
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actual physical gap or groove that runs all
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around the perimeter of the front of the device.
9
A.
It does feel that way.
10
Q.
And as you can tell from looking
11
at the mock-up and also can tell from this
12
photograph at 842, underneath that opening, that
13
gap or groove, there are a series of holes?
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A.
Are you referring to these holes?
15
Q.
Yes.
16
A.
Much easier to see in the
17
18
picture.
Q.
And you do see, even though it's a
19
little tougher to actually see it in the physical
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mock-up, but you do see that underneath the gap
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or that groove that runs around the front surface
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of the mock-up that there's a series of holes?
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A.
Does -- I can't tell that they are
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holes from what I'm looking at, but there's a
25
series of something, a feature.
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Q.
Is there some word you would use
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to describe what those are, if you can't tell
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that they are holes?
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A.
I mean, I would call them a
5
feature.
6
it seems -- it appears more like a hole, series
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of holes.
8
With regards to the device, the picture
Q.
Now, in the course of working on
9
the '889 design patent prosecution, did it come
10
to your attention that the design had vents that
11
ran around the perimeter of the front of the
12
device?
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A.
I don't recall.
14
Q.
Directing your attention to
15
Exhibit 841, and specifically --
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MR. OLSON:
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MR. ZELLER:
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THE WITNESS:
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Let him find 841.
841.
This one.
BY MR. ZELLER:
20
Q.
Right.
21
A.
Okay.
22
Q.
Directing your attention to
23
Exhibit 841 and specifically page APLPROS
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0000018791.
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A.
This one?
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Q.
Yes.
Now, you'll see that this
2
depicts a closer end view of the corner of the
3
mock-up that you had, right?
4
A.
Okay.
5
Q.
And, again, this is the mock-up
6
that was used to create the design drawings that
7
are shown in the '889 design patent, right?
8
A.
I think, yes.
9
Q.
You'll see from this perspective
10
that running around the perimeter of the front of
11
the device that's shown that there is that
12
thicker black line.
13
A.
I see a thicker black line.
14
Q.
And that corresponds to the groove
15
or the gap in the mock-up that you have, correct?
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17
Do you see that?
MR. OLSON:
Objection.
Lack of
foundation.
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THE WITNESS:
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that is.
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Q.
I don't know what
21
Is the physical mock-up that you
have in front of you --
22
A.
Yes.
23
Q.
-- that your counsel brought and
24
photographs of which we have marked as Exhibit
25
842 and 843 the mock-up that is depicted here in
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2
Exhibit 841?
A.
Exhibit 842?
You're saying these
3
photos that you took which represents this, are
4
you saying is what was in the case?
5
Q.
Let me break it down further.
Is
6
the physical mock-up that your counsel brought
7
the physical mock-up that's depicted in
8
Exhibit 841?
9
A.
I don't know.
10
Q.
Who would know?
11
A.
I don't know.
12
there's a person.
13
Q.
14
I don't know that
It may have been Cal Seid.
Directing your attention to
Exhibit 841, specifically page APLPROS 000001879.
15
A.
Yes.
16
Q.
This is a photograph that was
17
submitted to the patent office by Apple in
18
connection with the '889 design patent
19
prosecution, correct?
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21
MR. OLSON:
I don't think you're
on the same page.
22
THE WITNESS:
23
MR. ZELLER:
24
MR. OLSON:
25
This one?
Yes.
You have a different
number down.
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THE VIDEOGRAPHER:
This marks the
2
end of the addendum to Tape Number 5 of
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today's deposition of Quin Hoellwarth,
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and concludes today's deposition.
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The time is 8:47 p.m.
We are
off the record.
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(Time noted: 8:47 p.m.)
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___________________
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QUIN HOELLWARTH
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Subscribed and sworn to before me
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This
day of
, 2011.
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______________________________________
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C E R T I F I C A T E
STATE OF CALIFORNIA
)
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)
4
COUNTY OF SAN FRANCISCO )
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I, LINDA VACCAREZZA, a Certified
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California, do hereby certify:Shorthand
7
Reporter for the State of
8
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That QUIN HOELLWARTH, the witness
whose deposition is hereinbefore set
10
forth, was duly sworn by me and that such
11
deposition is a true record of the
12
testimony given by such witness.
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I further certify that I am not
14
related to any of the parties to this
15
action by blood or marriage; and that I
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am in no way interested in the outcome of
17
this matter.
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IN WITNESS WHEREOF, I have hereunto
set my hand this 26th day of October, 2011.
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________________________________
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LINDA VACCAREZZA, CSR. NO. 10201
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TSG Reporting 877-702-9580
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