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 3
FILED UNDER SEAL

H I G H L Y C O N F I D E N T I A L - A T T O R N E Y S' E Y E S O N L Y

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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APPLE INC., a California
corporation,

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Plaintiff,
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vs.

CASE NO.

11-cv-01846-LHK

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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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H I G H L Y
C O N F I D E N T I A L
A T T O R N E Y S' E Y E S O N L Y

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VIDEOTAPED DEPOSITION OF DOUGLAS SATZGER
REDWOOD SHORES, CALIFORNIA
TUESDAY, NOVEMBER 8, 2011

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BY: ANDREA M. IGNACIO HOWARD, CSR, RPR, CCRR, CLR
CSR LICENSE NO. 9830
JOB NO. 42999
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TUESDAY, NOVEMBER 8, 2011
9:30

a.m.

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VIDEOTAPED DEPOSITION OF DOUGLAS SATZGER,

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taken at QUINN EMANUEL URQUHART &

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SULLIVAN, LLP, 555 Twin Dolphin Drive,

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Suite 560, Redwood Shores, California,

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Pursuant to Notice, before me,

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

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CSR License No. 9830.

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A P P E A R A N C E S:

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FOR APPLE INC.:

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MORRISON & FOERSTER

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By:

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425 Market Street

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San Francisco, California 94105

RICHARD HUNG, Esq.

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FOR THE DEPONENT:

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COOPER & SCULLY

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By:

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100 California Street

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San Francisco, California 94111

DEREK DAVIS, R.PH., J.D.

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A P P E A R A N C E S:

(Continued.)

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FOR SAMSUNG ELECTRONICS CO. LTD:
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QUINN EMANUEL URQUHART & SULLIVAN

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By:

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MICHAEL ZELLER, Esq.

SCOTT HALL, Esq.

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865 South Figueroa Street

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Los Angeles, California 90017

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ALSO PRESENT:

Alan Dias, Videographer

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Erica Tierney, Apple, Inc.
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---oOo---

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REDWOOD SHORES, CALIFORNIA

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TUESDAY, NOVEMBER 8, 2011

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9:30 a.m.

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THE VIDEOGRAPHER:

Good morning.

This is the

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start of Disc No. 1 of the videotaped deposition of

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Douglas Satzger in the matter of Apple, Inc., versus

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Samsung Electronics.
In the United States District Court, Northern

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District of California, San Jose Division.

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No. 511-cv-01846.

Case

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We are located today at 555 Twin Dolphin

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Drive in the city of Redwood Shores, California.

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Today is November 8, 2011, and the time is 9:30 a.m.

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My name is Alan Dias from TSG Reporting.

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Here with me is Andrea Ignacio, also from TSG

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Reporting.

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Counsel, would you please identify yourselves
for the record.

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MR. ZELLER:

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MR. HALL:

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MR. DAVIS:

Derek Davis here for the witness.

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MR. HUNG:

Richard Hung, Morrison & Foerster,

Mike Zeller for Samsung.
Scott Hall for Samsung.

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for Apple, Inc.

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MS. TIERNEY:

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THE VIDEOGRAPHER:

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Erica Tierney, Apple, Inc.
Will the court reporter

please swear in the witness.

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DOUGLAS SATZGER,

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having been sworn as a witness,

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by the Certified Shorthand Reporter,

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testified as follows:

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EXAMINATION BY MR. ZELLER

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MR. ZELLER:

Q.

Good morning.

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A

Good morning.

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Q

If you could please tell us your full name

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for the record.

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A

Douglas Bernard Satzger.

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Q

And have you ever gone by any other name?

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A

No.

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Q

You are currently employed?

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A

No.

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Q

When were you last employed?

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A

Last day at HP was September 19th.

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Q

Of this year?

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A

Yes.

Sorry.

2011.

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A

When building a mockup for a concept, we

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would try to represent a very neutral color palette

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that would simulate the materials that we would

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potentially use, but not distract from the design

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qualities, the aesthetic product --

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Q

Oh, I see.

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A

-- many times.

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Q

-- so generally speaking, the goal was that

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So the --

the mockup was to simulate the materials that would be
involved, but not the color itself?

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MR. HUNG:

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THE WITNESS:

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MR. ZELLER:

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Do you have the 035 mockup?

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MR. HUNG:

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MR. ZELLER:

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MR. HUNG:

Objection; vague.
Yes.
All right.

No.
Okay.
I didn't actually -- we didn't

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receive an e-mail, I think, asking us to bring it to

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this depo.

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MR. ZELLER:

We've asked for it to be

available for all of the interim depositions.

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Do you have these?

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MR. HALL:

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Would you please mark as Exhibit 1173 a

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Yes.

multipage document consisting of photographs of the -TSG Reporting - Worldwide

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what people call the 035 mockup.

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(Document marked Exhibit 1173

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for identification.)

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MR. ZELLER:
Q

All right.

And so you know, what we've marked as

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Exhibit 1173 are photographs of a mockup -- an Apple

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mockup that has generally been identified as the 035

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mockup.

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A

Uh-huh, yes.

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Q

And based on these photographs, are you able

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to tell me whether this is a mockup you recall?

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A

Yes.

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Q

And is this something that you worked on when

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you were at Apple?

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A

Yes.

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Q

With respect to the 035 mockup, was that in

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connection with the design that's shown here in the

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'889 design patent?

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A

Yes.

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Q

Is the 035 mock-up, that's depicted in

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these -- these photographs, the design that is

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depicted here in the '889 design patent?

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MR. HUNG:

Objection; calls for a legal

conclusion; foundation.
MR. DAVIS:

Calls for speculation.

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THE WITNESS:

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MR. ZELLER:

Based on what I know, yes.
Q.

Was the 035 mock-up of the

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tablet computer design one that you worked on

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simulating the materials for?

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A

Yes.

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Q

Do you recall what you did any more

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specifically on the 035 mockup?

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A

Gave a general spec for color callouts.

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Q

And please tell me what that means.

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A

The lead designer would prepare a file for a

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model maker to build a physical model, and along with

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that file would be a color specification document.

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Part A is color A.

Part B is color B.

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Q

The file that you were --

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A

Specs.

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Q

Oh, I'm sorry.

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A

Part of the specification.

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Q

The file that you were referring to is a

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I didn't mean to cut you off.

computer file for the model build?
A

The file for a -- for the CAD document is a

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computer file.

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was a handwritten document with bullet points or

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balloons pointing at different parts.

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Q

The file for a color spec within Apple

Was the handwritten document then given to

the -- the model makers?
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Page 102

'JURAT

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certify
under penalty of perJury that I have read the
foreqoing transcript of my deposition taken
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DOUGLAS SATZGER,

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H I G H L Y C O N F I D E N T I A L - A T T O R N E Y S' E Y E S O N L Y

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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
action.

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IN WITNESS WHEREOF, I have hereunto set my
hand this 8th day of November, 2011.

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_______________________________________
ANDREA M. IGNACIO HOWARD, RPR, CCRR, CLR, CSR No. 9830

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