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 2
FILED UNDER SEAL

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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,
vs.
Case No. 11-CV-01846-LHK
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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CONFIDENTIAL
ATTORNEYS' EYES ONLY
OUTSIDE COUNSEL
VIDEOTAPED DEPOSITION OF DANIEL COSTER
San Francisco, California
Thursday, October 27, 2011

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Reported by:
LORRIE L. MARCHANT, CSR No. 10523
RPR, CRR, CCRR, CLR
JOB NO. 43003

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TSG Reporting - Worldwide

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October 27, 2011

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9:57 a.m.

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Videotaped Deposition of

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DANIEL COSTER, held at the offices of

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Quinn Emanuel Urquhart & Sullivan,

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LLP,

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Floor,

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before Lorrie L. Marchant, a Certified

50 California Street, 22nd
San Francisco, California,

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Shorthand Reporter, Registered

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Professional Reporter, Certified

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Realtime Reporter, California

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Certified Realtime Reporter and

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Certified LiveNote Reporter.

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A P P E A R A N C E S:
FOR THE PLAINTIFF APPLE INC.:
MORRISON & FOERSTER, LLP
BY: MATTHEW I. KREEGER, ESQ.
425 Market Street
San Francisco, California 94105-2482
Phone: [phone]
Fax: [phone]
e-mail: [e-mail]
FOR THE DEFENDANTS SAMSUNG:
QUINN EMANUEL URQUHART & SULLIVAN, LLP
BY: MICHAEL ZELLER, ESQ.
865 S. Figueroa Street, 10th Floor
Los Angeles, California 90017
Phone: [phone]
Fax: [phone]
e-mail: [e-mail]
and
BY: SCOTT C. HALL, ESQ.
555 Twin Dolphin Drive, 5th Floor
Redwood Shores, California 94065
Phone: [phone]
Fax: [phone]
e-mail: [e-mail]

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ALSO PRESENT:
David Edward Melaugh
Apple Principal Counsel Litigation
Jake Krohn, Videographer
---oOo---

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TSG Reporting - Worldwide

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THE VIDEOGRAPHER:

This is the start of

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tape labeled No. 1 of the videotaped deposition of

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Daniel Coster in the matter Apple Inc., versus

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Samsung Electronics Company, Limited, et al., in the

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United States District Court, Northern District of

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California, San Jose Division.

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No. 11-CV-01846-LHK.

This deposition is being held at

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50 California Street, 22nd Floor, San Francisco,

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California, on October 27th, 2011, at approximately

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9:57.
My name is Jake Krohn from TSG Reporting,

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Inc., and I am the legal video specialist.

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court reporter is Lorrie Marchant, in association

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with TSG Reporting.

The

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Will counsel please introduce yourself.

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MR. ZELLER:

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MR. HALL:

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MR. KREEGER:

Mike Zeller for Samsung.
Scott Hall for Samsung.
Matthew Kreeger, Morrison &

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Foerster, for Apple and the witness.

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David Melaugh from Apple.

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THE VIDEOGRAPHER:

With me is

Will the court reporter

please swear in the witness.
THE REPORTER:

Do you solemnly swear or

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affirm under the penalties of perjury that the

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testimony you are about to offer will be the truth,
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the whole truth and nothing but the truth?

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THE WITNESS:

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EXAMINATION BY MR. ZELLER

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I do.

BY MR. ZELLER:
Q.

Good morning.

If you could please state

and spell your full name for the record.
A.

Daniel John Coster.

D-A-N-I-E-L, J-O-H-N,

C-O-S-T-E-R.

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Q.

And where do you currently reside?

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A.

756 Church Street, San Francisco,

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California.
Q.

And what is your current business address?

What is your current business address?
A.

Apple, Inc.

One Infinite Loop, Cupertino,

California.

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Q.

And how long have you worked for Apple?

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A.

Nearly 17 years.

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Q.

And you're an industrial designer?

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A.

Yes.

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Q.

Have you had that position the whole time

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you've been with Apple?

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A.

Yes.

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Q.

Back when you started working for Apple,

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about 17 years ago, who did you report to?
(Discussion off the record.)
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A.

Again, I can't interpret that from here.

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Q.

Do you have an under -- well, I'm sorry.

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Strike that.

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Does the design that's shown here in the

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'889 design patent show or depict any vents?

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for the record, I'm saying V-E-N-T-S.

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A.

Again, I'm sorry.

And

The -- the drawing

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depicts the design, so it's hard for me to give you

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specific feedback.

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Q.

Going back for a moment to that thicker,

darker line that's part of Figure 1 --

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A.

Okay.

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Q.

-- do you know whether that darker, thicker

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line depicts a gap or a groove?

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A.

No, I don't.

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Q.

Do you know whether that darker, thicker

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line depicts an area where there were vents?

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A.

So what was the question again?

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Q.

Do you know whether that darker, thicker

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Sorry.

line in Figure 1 depicts where there were vents?

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A.

No, I don't know.

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Q.

Your counsel has brought a couple of tablet

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mockups that I have a few questions about for you.

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Why don't we start with the larger one.

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And for the record, I'm -- I'm showing you
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the three-dimensional mockup of -- of a -- of a

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tablet computer design.

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the one with the -- what sometimes people refer to

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as the "30-point connector" and then the single hole

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as a -- on one of the sides.

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And this particular one is

So if I can hand that to you, please.

And

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if you can take a look at the physical mockup, I'd

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appreciate it.

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And for the record, I'm going to hand you

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what was previously marked as Exhibit 842, which is

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a -- which is two pages of photographs with some

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closeups of one of the mockups.

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So first, directing your attention to the

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physical mockup that you have in front of you, the

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three-dimensional object --

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A.

Yes.

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Q.

-- had you seen that before today?

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A.

Yes.

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Q.

And did you see that in the course of your

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work there at Apple?

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A.

Correct.

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Q.

Did you see that in the course of working

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on the design that's shown here in the '889 design

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patent?

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A.

Yes.
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Q.

Is -- is the mockup of the tablet that you

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have in front of you the -- the design that's shown

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in the '889 design patent?

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A.

I believe so.

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Q.

And directing your attention to what we

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marked as Exhibit 842, which are the two pages of

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photographs --

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A.

Yes.

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Q.

-- and these -- these are closeups of

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that -- the mockup that you have in front of you.

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A.

Okay.

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Q.

And you'll see that there are -- those --

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those arrows with the Letter A on both pages.

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Do you see that?

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A.

Yes.

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Q.

And where those arrows are pointing and

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labeled A, are those vents?
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Unfortunately, I -- I don't know.

They

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look pretty, but I'm -- I'm -- I don't know if they

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are vents or not.

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Q.

And just if you could take a look at the

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second page to satisfy yourself and be sure.

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I'm referring to the second page of Exhibit 842, the

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photographs.

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A.

Thank you.
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THE VIDEOGRAPHER:

This is the end of

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Tape 1 and the deposition of Daniel Coster on

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October 27, 2011.

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the record.

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The time is 11:51.

(Time noted:

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We are off

11:51 a.m.)
---oOo---

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____________________
DANIEL COSTER

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Subscribed and sworn to
before me this

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of

day

2011.

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_______________________
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CERTIFICATE

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STATE OF CALIFORNIA )
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:
COUNTY OF SONOMA

ss

)

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I, Lorrie L. Marchant, a Certified Shorthand

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Reporter, a Registered Professional Reporter, a

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Certified Realtime Reporter, and a Certified

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Realtime Professional within and for the State of

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California, do hereby certify:

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That DANIEL COSTER, the witness whose

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deposition is herein set forth, was duly

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sworn/affirmed by me and that such deposition is a

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true record of the testimony given by such witness.

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I further certify that I am not related to any

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of the parties to this action by blood or marriage

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and that I am in no way interested in the outcome of

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this matter.

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In witness whereof, I have hereunto set my hand
this 27th day of October, 2011.

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--------------------------------------------LORRIE L. MARCHANT, CSR, RPR, CRR, CLR, CCRR

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CSR No. 10523

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