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 18
FILED UNDER SEAL

Highly Confidential - Outside Counsel's Eyes Only

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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
O U T S I D E C O U N S E L O N L Y

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VIDEOTAPED DEPOSITION OF CHRISTOPHER STRINGER
REDWOOD SHORES, CALIFORNIA
FRIDAY, NOVEMBER 4, 2011

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BY: ANDREA M. IGNACIO HOWARD, CSR, RPR, CCRR, CLR
CSR LICENSE NO. 9830
TSG JOB NO. 43706
TSG Reporting - Worldwide

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FRIDAY, NOVEMBER 4, 2011
9:56 a.m.

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VIDEOTAPED DEPOSITION OF CHRISTOPHER

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STRINGER, 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

MICHAEL A. JACOBS, Esq.

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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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865 South Figueroa Street, 10th Floor

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Los Angeles, California 90017

MICHAEL T. ZELLER, Esq.

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ALSO PRESENT:

Benjamin Gerald, Videographer
Cyndi Wheeler, Apple, Inc.

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---oOo--23
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REDWOOD SHORES, CALIFORNIA

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FRIDAY, NOVEMBER 4, 2011

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9:56 a.m.

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THE VIDEOGRAPHER:

Good morning.

This marks

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the beginning of the disc labeled No. 1 of the

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videotaped deposition of Chris Stinger --

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MR. JACOBS:

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THE VIDEOGRAPHER:

Stringer.
-- Stringer.

In the

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matter Apple, Incorporated versus Samsung Electronics

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Company Limited, et al.

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Held in the United States District Court for

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the Northern District of California, San Jose

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Division.

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Case number is 11-cv-01846-LHK.

This deposition is being held at 555 Twin

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Dolphin Drive, in the city of Redwood Shores,

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California.

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approximately 9:56 a.m.

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Taken on November 4th, 2011, at

My name is Benjamin Gerald from TSG

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Reporting, Incorporated, and I am the legal video

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specialist.

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association with TSG Reporting.

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The court reporter is Andrea Ignacio, in

At this time, will counsel please identify
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A

Yes.

2

Q

-- that you see there, had you seen tablet

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computer models there at Apple back in the 2004 time

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period that had that kind of broader gap in that

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general location?

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7

A

for tablet projects.

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10
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I do not recall seeing such gaps on models

Q

Do you have any understanding or information

as to why there is what we're calling that broader
gap?
A

I do not have a recollection of this design,

so I do not know the purpose of that broader gap.
Q

And you'll see, if you look in the opening of

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the larger gap -- and you'll have to look at it at

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various angles, but you can see that there appears to

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be some kind of detail on the interior there?

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A

I see that.

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Q

Do you know what that is?

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A

It's a very tight-ribbed component -- or are

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they holes?
Q

I can't tell.

Do you know if that -- that ribbed component

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or those holes were intended -- because obviously,

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we're talking about a nonworking model -- to -- to be

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vent holes or whether they were purely ornamental or

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something else?
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A

I don't know.

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Q

Direct your attention back to the '889 design

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patent.

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A

Yes.

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Q

Do you have any knowledge or information as

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to whether or not photographs of that physical mockup

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that you have in front of you, the 035 mockup, were

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submitted to the patent office as part of the

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application and prosecution process for the

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'889 design patent?
A

In my preparations for today, we looked at

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copies of photographs of this object that I understand

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are attached to this patent.

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Q

And so if I understand you correctly, it's

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your understanding that the photographs that were

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submitted to the patent office as part of the

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'889 design patent depict the three-dimensional mockup

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that you have in front of you that we call the 035?

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A

It is my understanding, and my recollection

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of yesterday's discussion, that the photographs that I

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saw related to this model and this patent.

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23

Q

Right.
And I guess I'm trying to now figure out

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what -- what photographs we're talking about so that

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we're on the same page.

So let me -- let me provide

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some, and maybe that will help.

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What's the next number?

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THE REPORTER:

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MR. ZELLER:

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THE REPORTER:

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MR. ZELLER:

1171.
1171?
Yes.
Please mark as Exhibit 1171

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excerpts from the prosecution history of the

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504,889 design patent.

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(Document marked Exhibit 1171

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for identification.)

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THE WITNESS:

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MR. ZELLER:

Thank you.
So you have both sets in front

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of you at the same time, let's also please mark as

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Exhibit 1172 -- I'm sorry.

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before.

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841.

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18

Actually, we marked this

What's this exhibit number?

MR. JACOBS:

I think it's

He has the better photos.

He

has the better photos.

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MR. ZELLER:

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other set, too.

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Don't worry.

I gave you the

here.

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I'm not trying to be totally unfair

So I'm going to show you what I am fairly

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confident was previously marked as Exhibit 841.

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in the interim confirm that that is the exhibit

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number, but I believe I have it memorized now.
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MR. JACOBS:
the record.

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Just put the Bates range into

MR. ZELLER:

Yeah.

And this, for the record,

is APLPROS000018778 through '18798.

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MR. JACOBS:

Mr. Stringer, as you're

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discussing the meeting we had yesterday, if you can

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describe what you did, as opposed to any particular

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communications that you and I had on the subject, that

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would avoid the need for me to instruct you each time

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Mr. Zeller asks you a question.

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THE WITNESS:

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MR. JACOBS:

Sorry.

Say that again, please.

If you can describe what you did

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at the meeting by way of comparison, rather than what

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I -- what -- what your and my discussion was on the

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topic.

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THE WITNESS:

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MR. JACOBS:

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THE WITNESS:

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MR. JACOBS:

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Yes.
In comparing these -As Mr. Zeller is asking you

questions --

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THE WITNESS:

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MR. JACOBS:

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What I did yesterday?

Okay.

Oh.

If you can describe what you did

rather than our discussion --

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THE WITNESS:

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MR. JACOBS:

Got it.
-- then I don't have to engage

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in privilege discussions each time.

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THE WITNESS:

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MR. ZELLER:

Right.
Just generally speaking, avoid

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disclosing the substance of the communications you had

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with your counsel.

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THE WITNESS:

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MR. ZELLER:

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exhibits.

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Got it.
I put in front of you two

Exhibit 841.

One is Exhibit 1171, and another one is

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Q

Are -- are either of these photographs --

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A

Oh, 841.

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Q

Yes.

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15

Okay.

Or do they include photographs that you're
referring to?
A

So document 1171 is of no material value, on

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account of it appearing to be largely blank, with the

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exception of some very poor-quality shadowy images.

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So I would prefer to not refer to that in any way or

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form.

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Document 841 for the most part resembles

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photographs that I reviewed yesterday, but there

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appear differences that may be immaterial to the

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questioning.

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Q

Focusing on the photographs that are marked

here as Exhibit 841, is the three-dimensional mockup
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that's depicted in the photographs that we marked as

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Exhibit 841, where the -- where the mockup is shown,

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the same physical mockup that you have in front of you

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that we call the 035 mockup?

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A

I believe you're asking me, are these

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photographs of the subject?

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these are photographs of the object.

And it is my belief that

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Q

And so the record is clear, when you say --

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A

Oh.

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Q

-- "the photographs," you're referring to the

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photographs that are depicted in 841, and then the

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object that you're pointing to and referring to is

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what we call the 035 model?

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15

A

Yes.
MR. JACOBS:

If we could just ask you,

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Mr. Zeller, is this -- these -- this writing on this,

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is this in the '841 that you -- that is in the record?

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I'm looking at '18792.

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MR. ZELLER:

This is exactly how it was

produced to us.

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MR. JACOBS:

Oh, with these lines on it?

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MR. ZELLER:

Right.

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THE WITNESS:

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MR. JACOBS:

Okay.

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MR. ZELLER:

All right.

I recall those lines yesterday.

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Q

And setting aside the various lines and

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drawings that appear to be on these photographs, you

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understood I was asking you about the object that's

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depicted in the actual photographs; is that correct?

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A

Yes.

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Q

And without disclosing the substance of what

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you discussed with your counsel, did -- did you

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satisfy yourself that the 035 mockup is, in fact,

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what's in the -- the photographs that we've marked as

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Exhibit 841?
A

I am convinced from studying both the object

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035 and the Document 841 that these are one and the

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same object.

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Q

And that comparison that you did led you to

be satisfied that they're one and the same?
A

Yes.

I studied the photographs.

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the object.

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I studied

model Apple Proto 035.

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20

Q

I believe that these are photographs of

And directing your attention, then, to the

page ending '18787, which is part of Exhibit 841.

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A

Yes.

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Q

And working with the images such as we have

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them --

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A

Yes.

25

Q

-- is that ribbing that you see there that
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runs along what we can generally say is the perimeter

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of the -- the front surface, at least in terms of the

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corner that appears closest to the -- to the --

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A

Yes, ribbing or holes.

I need to pick the

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model apart to be sure, but it looks more like some

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form of rib.

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Q

And that's one of the comparisons that you

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see between the photographs and the three-dimensional

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model, the 035 model, that satisfied you that they're

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one and the same?
A

That is one of the details that satisfied me

that it was one and the same.

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Q

Directing your attention to '18790.

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A

Yes.

15

Q

You'll see that, at least as shown in this

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image here, there appears to be a somewhat thicker,

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darker line that runs at least part of the perimeter

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of the front of the device that can be seen there on

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the front; do you see that?

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A

There are a number of parallel lines, one of

which is darker and broader than others.
Q

And does that line, in your view, correspond

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to the -- the broader gap that's discernible there on

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the 035 model?

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A

It appears to be either the edge of the cover
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glass or a shadow beneath it, or a combination of

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both.

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Q

Well, let me -- let me try it with another

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image, and maybe we'll come back to this in a minute.

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If you'd take a look at the next page, which is

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'18791.

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A

Yes.

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Q

And maybe this is a better image to try and

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work from, but you'll see that there is a -- a darker

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line that runs in between the lighter-colored housing

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and then the so-called glass, but is really plastic

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flat surface; do you see that darker line?

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A

Yes.

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Q

Does that darker line, in your view,

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correspond to the broader gap that you talked about

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earlier with respect to the 035 model?

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A

It looks to me to be some combination of --

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and of the edge of what we call the glass -- cover

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glass and shadow beneath it.

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the lines show -- what we see is shadow.

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Q

And my guess is it's --

Is the broader gap depicted in this photo,

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the broader gap that you talked about earlier that

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is --

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A

25

This is a dreadful quality reproduction of a

photograph.

Yes, the broader gap is depicted very
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badly, but I can tell where it is on the picture.
Q

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Okay.

Well, terrific.

If I could perhaps hand you a pen, and if you

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could label where you see that -- that broader gap

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that you had described and testified earlier with

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respect to the 035 model.

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A

There.

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Q

And maybe the most convenient way of doing

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this, if you could maybe hold it up for the -- the

10

camera, and then just kind of show where it runs on

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the -- on the page.

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A

Well, the narrower gap is depicted by this --

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THE VIDEOGRAPHER:

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THE WITNESS:

Okay.

Sir, can you show -The narrow gap is

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depicted by this gray fuzzy line here.

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gap is in some part depicted by the dark shadow and

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the light area next to it.

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MR. ZELLER:

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THE WITNESS:

The broader

And it runs along -It runs around the full, with

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less and less clarity, edge of the photograph.

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to say it's -- it's too poor an image to discern much

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of anything above the line.

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MR. JACOBS:

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25

Should we mark this as a new

depo exhibit?
MR. ZELLER:

I have

Yes, I think so.

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So let's, for the record, please mark as the

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version of 841 that now has Mr. Stringer's marking on

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it on page '18791 as Exhibit 841A.

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(Document marked Exhibit 841A

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for identification.)

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MR. ZELLER:

If we can go back to

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Exhibit 1170.

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those mockups back?

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MR. JACOBS:

That would be great.

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MR. ZELLER:

Okay.

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So let's go off the

record.

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13

And by the way, did you want to send

THE VIDEOGRAPHER:

The time is 2:42 p.m., and

we are off the record.

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(Recess taken.)

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THE VIDEOGRAPHER:

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The time is 2:55 p.m., and

we are back on the record.

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MR. ZELLER:

Direct your attention to the

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'889 design patent, which was previously marked as

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Exhibit 8.

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MR. JACOBS:

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THE WITNESS:

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MR. ZELLER:

I'll just hand you my copy.
All right.
Q.

Thank you.

Please take a look at

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Figure 1.

24

A

Yes.

25

Q

You'll see on Figure 1 that at least as part
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of the -- at least along part of the -- generally what

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we'll call the perimeter area of the front, there's a

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darker, thicker line?

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A

Which figure are you looking at?

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Q

This is Figure 1.

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A

Figure 1.

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Q

Do you see where at least on part of the

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9
10
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perimeter, there is a line that is darker and thicker?
A

Which would be the second line from the left

on the left side of the figure.
Q

Right, on the left side.

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And then on the bottom portion of Figure 1,

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it appears to run -- to be the line that is -- that

14

the -- is the edge, at least from that perspective?

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A

It looks like the edge, yes.

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Q

Do you know what that thicker line depicts?

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A

It's -- on the lower edge, it's the -- it

18

looks like the edge of the housing.

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Q

Well, what about on the left side?

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A

It's the edge of the housing.

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Q

So on both the left side and the bottom side,

22

you construe that darker, thicker line to be where the

23

edge of the housing is?

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25

A

I do construe that.

And it's -- my

assumption is confirmed by looking at Figure 3 that
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J U R A T

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I, CHRISTOPHER STRINGER, do hereby certify

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under penalty of perjury that I have read the

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foregoing transcript of my deposition taken

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on November 4, 2011; that I have made such

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corrections as appear noted herein in ink,

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initialed by me; that my testimony as

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contained herein, as corrected, is true and

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correct.

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DATED this ____ day of _____________, 2011,

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at _____________________________, California.

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__________________________________

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SIGNATURE OF WITNESS

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