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

Filing 1356

Unredacted Opening Memroandum Regarding 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. Nos. 1090, 1091) (Attachments: # 1 Exhibit 4 to the Cashman Declaration, # 2 Exhibit 14 to the Cashman Declaration, # 3 Exhibit 15 to the Cashman Declaration, # 4 Exhibit 17 to the Cashman Declaration, # 5 Exhibit 18 to the Cashman Declaration, # 6 Exhibit 20 to the Cashman Declaration, # 7 Exhibit 63 to the Cashman Declaration, # 8 Exhibit 64 to the Cashman Declaration, # 9 Exhibit 65 to the Cashman Declaration, # 10 Exhibit 66 to the Cashman Declaration)(Maroulis, Victoria) (Filed on 7/26/2012) Modified text on 7/27/2012 (dhm, COURT STAFF).

EXHIBIT 4
FILED UNDER SEAL

Attorneys' Eyes Only

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UNITED STATES INTERNATIONAL TRADE COMMISSION

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WASHINGTON, D.C.

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In the Matter of:

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Certain Electronic Digital

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Media Devices and

) NO. 337-TA-796

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Components Thereof

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----------------------------

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)

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***

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ATTORNEYS' EYES ONLY

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PURSUANT TO THE PROTECTIVE ORDER

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***

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VIDEOTAPED DEPOSITION OF DAVID MASAMI BUNGO

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SAN JOSE, CALIFORNIA

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TUESDAY, MARCH 27, 2012

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Reported By:

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Yvonne Fennelly, CCRR, CSR No. 5495

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JOB NO. 47856
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MARCH 27, 2012

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9:27 A.M.

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Videotaped deposition of DAVID MASAMI

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BUNGO, held at the Fairmont Hotel, 170 S. Market

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Street, San Jose, California, pursuant to

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Subpoena, before Yvonne Fennelly, CCRR, CSR

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5495.

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A P P E A R A N C E S

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MORRISON & FOERSTER LLP

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Attorneys for Complainant

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425 Market Street, 34th Floor

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San Francisco, California 94105

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BY:

WESLEY E. OVERSON, Esq.

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[phone]

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[phone]

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[e-mail]

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QUINN EMANUEL URQUHART & SULLIVAN, LLP

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Attorneys for Respondent

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865 S. Figueroa Street

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10th Floor

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Los Angeles, California 90017

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BY:

MICHAEL T. ZELLER, Esq.

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[phone]

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[e-mail]

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VIDEOGRAPHER:

Aric Kerhoulas

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the top or the front of the device?

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MR. OVERSON:

Objection; vague.

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THE WITNESS:

They all had an edge, a

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bezel.

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BY MR. ZELLER:

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Q.

And when you say "bezel" in this

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context, are you talking about a surround on the

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front face?

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A.

Yeah, it was like this laptop had a

plastic around the display.
Q.

Looking here a moment at the '889

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design patent, Exhibit 2, do you have any

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knowledge or information as to what, if

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anything, was new or the original about this

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design back in the 2002 or 2003 time period?

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MR. OVERSON:

Objection; foundation,

speculation, calls for a legal conclusion.

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THE WITNESS:

I don't know anything

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about this patent, actually.

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BY MR. ZELLER:

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Q.

And, I take it, from looking at it,

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there is nothing that you see in terms of this

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design that strikes you as being new or original

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back in the time period of 2003 or 2004; is that

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correct?
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MR. OVERSON:

Same objections.

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THE WITNESS:

I wouldn't know.

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BY MR. ZELLER:
Q.

The tablet computers that you worked

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on as part of Q79 had their origins in the iBook

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design?

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MR. OVERSON:

Objection; foundation.

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THE WITNESS:

Yes.

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BY MR. ZELLER:
Q.

And the models and prototypes that

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you talked about from Q79 that use the iBook

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components, they use the screen of it?

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A.

I don't believe so.

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Q.

What were the components that were

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used from the iBooks?
A.

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The main logic board.
MR. ZELLER:

If we could maybe get

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that, you know, that white one that we were

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talking about earlier, show him that one.

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MR. OVERSON:

Could we go off the

record?
THE VIDEOGRAPHER:

Going off the

record, the time is 10:30 a.m.

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(Discussion off the record.)

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THE VIDEOGRAPHER:

This marks the end

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of Disk 1.

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is 10:31 a.m.

We'll go off the record.

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(Recess taken.)

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THE VIDEOGRAPHER:

The time

This marks the

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beginning of Disk 2, Volume, I in the deposition

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of David Bungo.

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is 10:37 a.m.

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We're on the record.

MR. ZELLER:

The time

Please mark as Exhibit 3

a multi-page document bearing Bates numbers

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APLNDC0000101322 through 101364.

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is an e-mail entitled, Q79 Exec Review Slide

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Presentation, from the witness dated

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February 25th, 2004.

The first page

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(Document marked Exhibit 3

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for identification.)

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BY MR. ZELLER:
Q.

And please take a look at Exhibit 3,

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and let me know if this is something you

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recognize.

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You've had a chance to look at
Exhibit 3?

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A.

Yes.

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Q.

Do you recognize Exhibit 3 as an

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e-mail that you sent in the February of 2004,

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time period with an attachment?
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the Q72 iBook; right?

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MR. OVERSON:

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answered, misstates the testimony.

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THE WITNESS:

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I'm not sure you can

make that conclusion.

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Objection; asked and

BY MR. ZELLER:

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Q.

Well, again, I'm not asking about

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what I can conclude or what anyone else can

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conclude.

I'm trying to find out your

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understanding about this, and this is why I'm

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not trying to pester you or harass you, I'm just

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trying to make sure, because every time you're

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kind of shifting it away from your

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understanding, so let me try it again.

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So now, so you're saying it could

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mean something and it could mean something else,

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and I'm just trying to find out your

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understanding, so let me try and ask it in a

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slightly different way.

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Based on your knowledge and

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information about everything you know about the

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Q79 project, is it your understanding that this

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reference here, when it says, Design based on

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Q72 iBook, this page here, 1328, is saying that

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that includes, it's not limited to, but it
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includes the Q72 iBook enclosure, serving as the

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basis for the Q79 enclosure design?

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MR. OVERSON:

Objection; asked and

answered, foundation, vague.

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THE WITNESS:

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different object.

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different.

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The Q72 was a totally

BY MR. ZELLER:

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Q.

It had a keyboard and was

Well, focusing on the display screen

for the Q72 iBook --

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A.

Uh-huh.

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Q.

-- and setting aside the keyboard,

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did you see any resemblance between the

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appearance of the Q72 iBook display screen

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component and the external appearance, this

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enclosure, for Q79?

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MR. OVERSON:

Objection; asked and

answered, foundation, vague.

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THE WITNESS:

So if you want to limit

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it just to the display portion only?

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BY MR. ZELLER:

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Q.

Right.

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A.

Other than the size, and the Q79 does

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resemble the display portion of the Q72 iBook.
Q.

And, in fact, here on this document,
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1328, what it's referencing is the same thing

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you're saying right here, which is that the

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design for the Q79 was based on the Q72 iBook

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display, but with reduced size and power?

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MR. OVERSON:

Objection; misstates

the document, asked and answered several times.

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THE WITNESS:

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"display" on here.

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Yeah, it doesn't say

BY MR. ZELLER:

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Q.

But that's how you understand it;

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right?

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what this document is.

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I'm trying to gain your understanding of

MR. OVERSON:

Same objections.

BY MR. ZELLER:
Q.

And you understand what it's saying

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here, that the design for the Q79 is based on

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the Q72 iBook, but with reduced size and power,

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it's saying here that the display portion for

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the Q72 iBook is the basis for the Q79 design,

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but with, as you mentioned, reduced size and

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power?

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MR. OVERSON:

Objection; misstates

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the document, asked and answered, argumentative,

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badgering the witness, foundation.

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THE WITNESS:

If you limit it solely

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to the display, then there is some resemblance,

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yes.

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BY MR. ZELLER:

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Q.

And do you understand this statement

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when it's saying here that the design for the

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Q79 is based on the Q72 iBook but with reduced

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size and power, it's referring to that display

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portion of the Q72 iBook?

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MR. OVERSON:

Objection.

Same

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objections; asked and answered several times,

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foundation.

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BY MR. ZELLER:

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Q.

I'm sorry, I couldn't hear.

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A.

I don't know that.

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MR. ZELLER:

tangibles we had earlier.

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MR. OVERSON:

Should we go off the

record?

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If we can have those two

THE VIDEOGRAPHER:
record.

We'll go off the

Time is 2:58 p.m.

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(Recess taken.)

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THE VIDEOGRAPHER:

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record.

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We're on the

BY MR. ZELLER:

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Q.

The time is 3:01 p.m.

So I'm going to show you again Apple
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Proto 0791 that we had talked about a little bit

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earlier today.

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A.

Okay.

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Q.

And does the display portion of what

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you have there, as this prototype, look like the

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iBook display?

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MR. OVERSON:

Objection; vague.

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THE WITNESS:

It's definitely a lot

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thicker than an iBook display.

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smaller than what I remember.

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And the XY looks

BY MR. ZELLER:

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Q.

And other than those dimensions,

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those differences in dimensions that you

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mentioned, does it resemble the Q72 iBook

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display?

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MR. OVERSON:

Objection; vague.

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THE WITNESS:

I think it kind of

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resembles it, yes.

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BY MR. ZELLER:

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Q.

There is some resemblance.

And I'm going to show you what we

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showed you previously as Apple Proto 035.

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I'll hand that to you.

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And

And as we talked about earlier, you

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said that the prototypes that you saw did not

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have that gap area that runs the perimeter of
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Q.

What was your role in that project?

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A.

It was to manage the project from a

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logistical and administrative standpoint, kind

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of a coordinations role, and set up meetings and

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presentations and so forth.

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MR. OVERSON:

Thanks.

I have no

further questions.

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MR. ZELLER:

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THE VIDEOGRAPHER:

Thank you.
This marks the end

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of Disk 4, and will conclude the deposition for

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today.

All disks will be held by TSG.

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We're off the record, the time is
4:09 p.m.
(Time noted:

4:09 p.m.)

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__________________________

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DAVID MASAMI BUNGO

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Subscribed and sworn to before me

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this ________ day of ____________, 2012.
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