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 64
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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8

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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 IMRAN CHAUDHRI
Redwood Shores, California
Friday, October 14, 2011

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22
23

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

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JOB NO. 42879
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October 14, 2011
9:35 a.m.

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4

Videotaped Deposition of IMRAN

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CHAUDHRI, held at the offices of Quinn

6

Emanuel Urquhart & Sullivan, LLP, 555

7

Twin Dolphin Drive, 5th Floor, Redwood

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Shores, California, before Lorrie L.

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Marchant, a Certified Shorthand

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Reporter, Registered Professional

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Reporter, Certified Realtime Reporter,

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California Certified Realtime Reporter

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and Certified LiveNote Reporter.

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

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FOR THE PLAINTIFF APPLE INC.:
MORRISON & FOERSTER
BY: MATTHEW KREEGER, ESQ.
425 Market Street
San Francisco, California 94105

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7
8
9

10

FOR THE DEFENDANTS SAMSUNG:
QUINN EMANUEL URQUHART & SULLIVAN
BY: ALAN WHITEHURST, ESQ.
1101 Pennsylvania Avenue NW
Washington, D.C. 20004

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12

and

13

BY:

ALEX BAXTER, ESQ
MARGRET CARUSO, ESQ.
BRETT ARNOLD, ESQ.
555 Twin Dolphin Drive
Redwood Shores, California 94065

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and

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BY: MICHAEL ZELLER, ESQ.
865 South Figueroa Street
Los Angeles, California 90017

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ALSO PRESENT:
Cyndi Wheeler, Apple IP Litigation Counsel
Alan Dias, Videographer
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(Marked for identification purposes,

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Exhibit 570 through 572.)

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THE VIDEOGRAPHER:

We are on the video

4

record at 9:34 a.m.

5

versus Samsung, in the United States District Court,

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Northern District of California.

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11-CV-01846-LHK.

In the matter of Apple Inc.,

Case No.

8

We are located today at 555 Twin Dolphin

9

Drive, in the City of Redwood Shores, California.

10

Today is October 14, 2011, and the time is 9:35 a.m.

11

My name is Alan Dias from TSG Reporting.

12

Counsel, would you please identify yourself

13
14

for the record.
MR. WHITEHURST:

Good morning.

15

Alan Whitehurst.

16

Alex Baxter.

17

My name

Emanuel, and we represent Samsung.

18

And with me today is my colleague,

We are with the law firm Quinn

MR. KREEGER:

Matthew Kreeger, Morrison &

19

Foerster, representing Apple.

With me is

20

Cyndi Wheeler from Apple.

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22
23

THE VIDEOGRAPHER:

Will the court reporter

please swear in the witness.
THE REPORTER:

Do you solemnly swear or

24

affirm under the penalties of perjury that the

25

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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THE VIDEOGRAPHER:

4

I do.
You may proceed.

EXAMINATION BY MR. WHITEHURST

5

BY MR. WHITEHURST:

6

Q.

Good morning, Mr. Chaudhri.

7

A.

Good morning.

8

Q.

My name is Alan Whitehurst, and I will be

9

taking your deposition today.

10
11
12
13
14
15

Could you please state your full name and
address for the record.
A.

My name is Imran Chaudhri.

My address is

57 Beaumont, San Francisco, California 94118.
Q.

And before the deposition, I marked as

Exhibit 570 a copy of your Deposition Notice.

16

Have you testified in a deposition before?

17

A.

I have.

18

Q.

How many times?

19

A.

Once.

20

Q.

And what case was that for?

21

A.

It was a -- a case involving Motorola.

22

Q.

Was that for a litigation between Motorola

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and Apple?

24

A.

I believe so.

25

Q.

And when was that deposition?
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this very broadly, then, I take it you don't have

2

any knowledge or information about the specific

3

mockup that's in front of you right now?

4

A.

That's correct.

5

MR. ZELLER:

6

MR. KREEGER:

7

So I think that -Can we take a quick break,

please?

8

MR. ZELLER:

9

THE VIDEOGRAPHER:

10

No. 3, Volume I.

Sure.
This is the end of Disk

We are off the record at 2:45 p.m.

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(Recess taken, from 2:45 to 2:56.)

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THE VIDEOGRAPHER:

13

Disk No. 4, Volume I.

14

2:56 p.m.

15

This is the beginning of

We are back on the record at

You may proceed.
BY MR. ZELLER: Let's please mark as

16

Exhibit 576 a multipage document, which is a copy of

17

the United States Design Patent 627,790.

18

(Marked for identification purposes,

19

Exhibit 576.)

20

BY MR. ZELLER:

21
22

Q.

Please let me know when you've had a chance

to review Exhibit 576.

23

A.

Okay.

24

Q.

Do you recognize this as the '790 design

25

patent that you're named as the inventor on?
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A.

I do.

2

Q.

And I take it you've seen this before

3

today?

4

A.

I have.

5

Q.

Can you please tell me, upon reviewing

6

the -- the figure which is on the last page of

7

Exhibit 790 [sic], what is it that you invented

8

that's reflected here?

9

MR. KREEGER:

Objection.

10

You can answer.

11

THE WITNESS:

12

screen for the iPhone.

13
14

It looks like it's the home

BY MR. ZELLER:
Q.

And in terms of what's depicted here of the

15

home screen of the iPhone that's shown in this

16

figure, what is it that you -- you came up with

17

yourself?

18
19
20

A.

I came up with the shape of the icons and

the way they're laid out.
Q.

And the two sections.

And when you say "the two sections," the

21

fact that there's two rows on top and then this

22

missing or blank area and then a bottom row?

23
24
25

A.

Yeah.

The -- mainly that the bottom row is

different from the rest of the icons.
Q.

And what do you mean by that?
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different from the rest of the icons?

2
3

A.

They -- they give the customer a quicker

access to them.

4

Q.

5

Oh, I see.
The bottom row, because it remains static,

6

as opposed to moving when -- when pages are scrolled

7

through on the device, gives the user quicker access

8

to those -- those bottom -- that bottom row of

9

icons?

10

A.

For example, yeah.

11

Q.

What else does it do?

What other ways does

12

it give -- does this layout give the customer

13

quicker access?

14
15

A.

It also gives them a closer proximity to

where their finger was previously.

16

Q.

17

me.

18

And perhaps if you could explain that for

part.

19

I'm not -- I'm not entirely following that

A.

So the customer would press the home

20

button, which would bring them to this home screen.

21

And generally their -- their finger would be towards

22

the bottom of the screen anyway.

23

their -- that their finger wouldn't have to travel

24

as far.

25

Q.

And it means that

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that bottom row placed where it is, in the manner

2

you have it placed, is -- is that it's easier and

3

faster for the -- the customer or the user to use?

4

A.

That's correct.

5

Q.

So are there other -- other ways in which

6

the layout that's depicted here on this figure of

7

the '790 design patent is -- is easier for users to

8

use?

9

A.

In that it's a regular layout.

10

Q.

What do you mean by "a regular layout"?

11

A.

That there is a -- an evenness to the

12

amount of -- to the rhythm of the spacing, that

13

there's rows and columns that are orderly -- laid

14

out in an orderly fashion.

15
16

Q.

And how is it that that makes the layout

easier to use for the customer?

17

A.

Well, it makes it predictable.

18

Q.

Maybe I should try it this way:

You

19

mentioned that having it -- the -- the layout of the

20

icons as depicted here in the figure of the '790

21

design patent means that it's an orderly layout.

22

What do you mean by "orderly"?

23
24
25

A.

By "orderly" I mean that they're very clean

in terms of how they are placed.
Q.

They're regular.

And in your view does that make it easier
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for users to actually use the device?

2

A.

I believe so.

3

Q.

And -- and how is that?

4

A.

It reduces clutter.

5

Q.

And that's one way in which it makes it --

6

the layout, and ultimately the device, then, easier

7

and faster to use?

8

A.

Yes.

9

Q.

And is that what you were attempting to

10

accomplish by -- by this layout that's depicted here

11

in the figure of the '790 design patent?

12

A.

That was one of the things.

13

Q.

Ultimately making it faster and easier for

14

consumers to use?

15

A.

And simpler.

16

Q.

And how does that -- maybe I should ask

17

this:

18

human factor" as part of the design process.

Sometimes I hear designers use the term "the

19
20

Is that a term that you typically use or -or one that you are familiar with?

21

A.

No.

22

Q.

Is there something similar that you would

23
24

call it?
(Unidentified man enters room.)

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BY MR. ZELLER:

2

Q.

Or those kind of considerations?

3

A.

Intuitive.

4

Q.

So another one of the reasons why you --

5

you did the layout as you did, that's shown here in

6

the figure to the '790 design patent, was -- was to

7

make it intuitive for the user?

8

A.

That was another reason.

9

Q.

And is that the same thing in your view

10

as -- as simplicity, or is that something different?

11

A.

I think there's a relationship to that.

12

Q.

So you -- you would, at least as a

13

designer, consider them to be somewhat different,

14

but related?

15

A.

Simplicity and intuitive?

16

Q.

M-hm.

17

A.

Yeah.

18

Q.

And maybe if you could just tell me a

19

little bit about how you view them as being

20

different and how you view them as overlapping.

21

Just by your terminology.

22

sure I'm understanding.

23
24
25

A.

Sure.

I'm just trying to make

Okay.

By "simplicity" I mean that it's really
easy to find things.

By "intuitive" I mean the fact

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that it's easy to find things the more natural it

2

feels.

3

Q.

So what -- what other -- what other goals

4

were you trying to reach, then, with respect to the

5

layout of the icons that's shown here in the figure

6

of the '790 design patent other than the -- the

7

simplicity, the orderly layout, the intuitive manner

8

and the like that you've already discussed?

9
10
11

A.

I wanted to make it easier for people to

know where to go for something.
Q.

And that's -- is that the same as -- as

12

trying to make it easy to -- to find functions on

13

the phone?

14

A.

Kind of.

15

Q.

And -- and how is it different, then?

16

A.

It's different in that if you wanted to go

17

to a particular aspect of the phone, you would see a

18

flat layout.

19

would be unique to that -- that aspect that you were

20

looking for.

21

Q.

And ideally every one of those objects

Then other than what you've -- you've

22

described in your answers earlier, is there anything

23

else that you were trying to accomplish by -- by way

24

of the layout that's depicted here, the icons in the

25

'790 design patent, or have you given me your
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2
3
4

complete testimony on that?
A.

I'm sure there's other details, but those

are the high-level ideas.
Q.

And so what you've described, in your view,

5

is a -- describes the main purposes you intended to

6

achieve through the -- the layout that's depicted

7

here in Exhibit 790?

8

primary goals you were looking to achieve?

In other words, these are the

9

A.

That's right.

10

Q.

In terms of -- you'll notice that the

11

figure here has this blank area.

12

record is clear on this, the top there are three

13

rows and then a blank area and then a bottom row of

14

another four icons.

15

And just so the

Do you see that?

16

A.

I do.

17

Q.

In your view, was there -- was there

18

something different about having that blank area as

19

compared to what other people had done as of the

20

time that you -- you created this?

21

(Unidentified man leaves room.)

22

THE WITNESS:

Well, I'm not sure about what

23

other people had done.

24

area, there's really no difference between it and

25

the three by four above it.

But as far as the blank

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Q.

You'll see on the -- the front page that

2

there is a law firm mentioned.

3

column, about halfway down.

4

Kessler, Goldstein & Fox.

It's in the second

And it says Sterne,

5

A.

I see that.

6

Q.

Did you have any communications with them

7

with respect to the '790 design patent?

8

A.

I did not.

9

Q.

Do you recall ever having any

10

communications with that law firm?

11

A.

I don't.

12

Q.

Do you have any knowledge or information as

13

to how it was determined that you would be the sole

14

named inventor on this design patent?

15

A.

I don't.

16

Q.

Do you know where the figure came from?

17

A.

I don't, actually.

18

Q.

Did you yourself draw it?

19

A.

I did not.

20

Q.

If you wanted to find out from someone

21

there in the company who -- who actually did the

22

drawing or at least the first draft of this drawing

23

of the figure, is there someone at the company you

24

can think of you'd go ask?

25

A.

I would probably start with Quinn.
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2

Q.

He's the in-house person you mentioned

before?

3

A.

M-hm.

4

Q.

So just focusing, then, on the fact that

5

the icons are laid out here in kind of -- in rows

6

and columns, were there other alternatives that you

7

considered other than having the layout done as rows

8

and columns?

9

A.

I don't remember.

10

Q.

Have you ever seen alternatives that you

11

thought were as effective in terms of the icon

12

layout, where it was in some layout or organization

13

other than generally as rows and columns?

14

MR. KREEGER:

15

You can answer.

16

THE WITNESS:

17

BY MR. ZELLER:

18

Q.

Objection.

Vague.

I don't believe so.

Would you consider the -- the layout of

19

icons in rows and columns to be the common default

20

organization for icons?

21

A.

On a phone?

22

Q.

Well, on -- on electronic devices

23

generally.

24

A.

No.

25

Q.

What would you consider to be the most
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common layout?

2

A.

A list.

3

Q.

I'm sorry?

4

A.

A list.

5

Q.

A list?

6

A.

(No audible response.)

7

Q.

And what do you mean by "a list"?

8

A.

A list of icons and their names next to

9

them and dates and -- kind of like what you would

10

find in a file browser.

11

common.

12

Q.

13
14

That I think is the most

Maybe I need to put more context on this.
You're talking about machines generally,

including, like, desktops and the like?

15

A.

Right.

16

Q.

I'm -- I'm asking something a little bit

17

more specific.

18

A.

Okay.

19

Q.

I take it you've seen other smartphones

20

that are out there in the market?

21

A.

I have.

22

Q.

And in terms of just, again, very

23

generally -- and I'm not even talking about the

24

exact arrangement here of the '790 design patent,

25

I'm just talking generally in terms of having rows
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this and -- and just tell me, generally speaking,

2

first whether you recognize this document or recall,

3

I should say, ever seeing this before?

4

MR. KREEGER:

And I will just caution the

5

witness not to, in answering that question, reveal

6

any attorney-client communication, including any

7

documents that were shown to you in preparation for

8

your deposition.

9
10

THE WITNESS:
document.

11

BY MR. ZELLER:

12
13

So I don't recall seeing this

Q.
4.

I'd like to direct your attention to Figure

And that says at the top, Sheet 3 of 19.

14

Do you have that?

15

A.

This one (indicating)?

16

Q.

Yes.

17

That's it.

And -- and directing your attention to the

18

top left-hand portion of this page, underneath the

19

heading of "Figure 4," you'll see that there's a

20

reference here to reduced icon.

21

Do you see that?

22

A.

Yes.

23

Q.

And you'll see that there are squares laid

24

out, and generally we can call it a pattern of rows

25

and columns.
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Do you see that?

2

A.

I do.

3

Q.

And by the way, is there -- is there some

4

name you would typically give to this kind of

5

arrangement in rows and columns?

6

a grid or a matrix?

Would you call it

7

A.

A grid.

8

Q.

And you would consider the -- the layout

9
10

that's shown here in the '790 design patent figure
also to be a grid layout?

11

A.

Yes.

12

Q.

So then going back for a moment to the Wada

13

patent, and specifically Figure 4, you'll see, as we

14

were talking about, that this is -- this is laid out

15

in columns and rows for the icons?

16

A.

I see that.

17

Q.

And -- and you'll see, by the way, that on

18

the first page, that this was filed -- this patent

19

application was filed on January 4, 2005.

20

A.

Okay.

21

Q.

Do you have any reason to -- to doubt that

22

the layout that's depicted here in Figure 4, this --

23

this grid layout, was, in fact, conceived of or put

24

into fixed form by the inventor here by January 4,

25

2005?
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A.

I wouldn't know.

2

Q.

I take it you don't know the -- the name

3

of -- excuse me, you don't know the inventor who is

4

named here?

5

A.

I do not.

6

Q.

Do you have any reason to doubt that this

7

inventor, Wada, had come up with a grid layout of

8

icons, namely, having columns and rows as the

9

organization, by January 4 of 2005?

10

A.

I wouldn't know.

11

Q.

Seeing this, you'll -- you'll agree with me

12

that -- that by that time, if -- if this patent is

13

accurate, that there was -- there was someone else

14

who had already come up with a -- a grid pattern for

15

icons, namely, columns and rows, as we were

16

discussing; right?

17
18
19

A.

If you're just looking at the grids and --

yes.
Q.

And then just focusing on that -- that grid

20

layout that's depicted here in Figure 4 of the Wada

21

patent, do you consider it to be substantially the

22

same just in terms of the layout as what is shown

23

here in the '790 design patent?

24

MR. KREEGER:

25

You can answer.

Objection.

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THE WITNESS:

2

BY MR. ZELLER:

3

Q.

I see differences.

And with respect to the differences, do you

4

think it makes it a completely new and different

5

design that's shown here in Exhibit 790?

6

A.

In some ways, yes.

7

Q.

And -- and what are those differences?

8

A.

Well, for one, the objects are rounded --

9

rounded recs.

10

(Reporter clarification.)

11

THE WITNESS:

12

BY MR. ZELLER:

Recs.

13

Q.

By that you mean rectangles?

14

A.

Right.

15

Q.

Okay.

16

A.

Sorry.

17

Q.

Anything else that you think -- in terms of

Just so we have a clear record.
That the radius is rounded.

18

just comparing what's shown here in that portion of

19

Figure 4 that we're talking about, the Wada patent,

20

and the figure in the '790 design patent, do you

21

think gives it a -- a different overall impression

22

other than what you mentioned?

23

A.

Yeah.

I don't see how the Wada patent

24

accommodates the text as well as this one does, so I

25

see that as a difference.
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Q.

Any others?

2

A.

I think the spacing of the grid is -- is

3

different.

4

Q.

Any others?

5

A.

Those are the things that pop out to me as

6
7

being different.
Q.

Just focusing on that blank space that

8

we've talked about with respect to the '790 design

9

patent, do you think that the design that's shown

10

here on the '790 design patent, by virtue of having

11

that blank space, makes it substantially different

12

from the layout that's shown in Figure 4 of Wada

13

that we're talking about, or do you consider that to

14

be a minor or trivial difference?

15

A.

It's not a significant difference.

16

the significant differences are -- are what I

17

mentioned.

18

Q.

I think

One of the differences that you mentioned

19

was that the icon layout that is depicted here in

20

the '790 design patent that you're the named

21

inventor on has -- it better accommodates text, I

22

think is -- is how you put it.

23

A.

M-hm.

24

Q.

Please tell me what you mean by that.

25

A.

If you look at the grid here between the
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Confidential Attorneys' Eyes Only

Page 160
1

rows there's a -- an appreciable amount of room to

2

accommodate a label that would indicate what the

3

icon is.

4
5

Q.

And that's what I mean by that.
So the words that actually go with the icon

to, say, for example, settings or phone or --

6

A.

That's right.

7

Q.

Let me show you what was previously marked

8

as Exhibit 421, which is United States Design Patent

9

617,334.

10

A.

Thank you.

11

Q.

And if you'd please take a look at this

12

document and let me know when you've had a chance to

13

review it.

14

A.

Okay.

15

Q.

Do you recognize what we marked as

16

Exhibit 421?

17

A.

I do.

18

Q.

And this is a -- another design patent that

19

you're -- well, I'm sorry.

20
21

Let me rephrase this.

This is the '334 design patent that you are
a named inventor on?

22

A.

Right.

23

Q.

And I -- I take it you've seen this

24
25

document before today?
A.

I have.
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