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 65
FILED UNDER SEAL

Highly Confidential Attorneys' Eyes Only

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
APPLE INC., a California
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corporation,
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Plaintiff,
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vs.
) No: 11-CV-01846-LHK
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SAMSUNG ELECTRONICS CO., LTD,
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a Korean business entity;
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SAMSUNG ELECTRONICS AMERICA,
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INC., a New York corporation;
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SAMSUNG TELECOMMUNICATIONS
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AMERICA, LLC, a Delaware
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limited liability company
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Defendants.
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________________________________)

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**HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY**

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DEPOSITION OF FREDDY ANZURES
Redwood Shores, California
Tuesday, October 18, 2011

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Reported By:
LINDA VACCAREZZA, RPR, CLR, CRP, CSR. NO. 10201
JOB NO. 42857
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October 18, 2011

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10:11 a.m.

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Videotaped deposition of FREDDY
ANZURES, held at Quinn Emanuel Urquhart

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& Sullivan, LLP, 555 Twin Dolphin

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Drive, Suite 500, Redwood Shores,

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California, pursuant to Subpoena before

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Linda Vaccarezza, a Certified Shorthand

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Reporter of the State of California.

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

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QUINN EMANUEL URQUHART & SULLIVAN

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Attorneys for Defendants

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865 South Figueroa Street

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Los Angeles, California 90017

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BY:

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MICHAEL T. ZELLER, ESQ.
BRETT ARNOLD, ESQ.

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MORRISON & FOERSTER

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Attorneys for Plaintiff

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425 Market Street

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San Francisco, California 94105

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BY:

ANDREW E. MONACH, ESQ.

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Videographer:

Jason Kocol

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THE VIDEOGRAPHER:

This is the

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start of tape labeled Number 1 of the

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videotaped deposition of Freddy Anzures

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in the matter of Apple, Incorporated

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versus Samsung Electronics Company,

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Limited, in the United States District

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Court, Northern District of California,

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San Jose Division.

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01846-LHK.

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Case number 11-CV-

This deposition is being held

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at 555 Twin Dolphin Drive, Redwood

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Shores, California on October 18th, 2011

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at approximately 10:11 a.m.

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My name is Jason Kocol.

I'm

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the legal video specialist from TSG

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Reporting Incorporated, headquartered at

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747 Third Avenue, New York, New York.

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The court reporter is Linda

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Vaccarezza in association with TSG

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Reporting.

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Will counsel please introduce
yourselves for the record.
MR. ZELLER:

Mike Zeller for

Samsung.
MR. MONACH:

Andrew Monach for

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Apple and the witness.

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THE VIDEOGRAPHER:

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Will the court

reporter please swear in the witness.

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F R E D D Y

A N Z U R E S,

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called as a witness, having been duly

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sworn by the Certified Shorthand

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Reporter, was examined and testified as

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follows:

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EXAMINATION BY:

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MR. ZELLER:

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Q.

Good morning.

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A.

Good morning.

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Q.

If you could please tell us your

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full name for the record.

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A.

Freddy Anzures.

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Q.

Have you ever gone by any other

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A.

No.

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Q.

Where do you currently reside?

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A.

San Francisco.

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Q.

And how long have you lived there?

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A.

Since 1999.

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Q.

Are you currently employed?

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A.

Yes.

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name?

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And with that understanding, to

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create things for the products to kind of marry

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that familiarity in what they see in the real

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world into something that's on the product.

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Q.

And your reference to the "real

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world," what you're referring to is is that

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you're -- in designing icons, one of your goals,

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your intention in that regard is to use a

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familiar or obvious kind of real-world object

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that you can then represent in the icon, that

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people will instantly recognize what function is

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going to be launched by pressing on that icon?

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MR. MONACH:

Object to the form of

the question.

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THE WITNESS:

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again.

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Q.

Repeat your question

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Maybe I can break it down a

little bit, too.

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Sure.

In part of your answer -- I'll
just try it this way.

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In part of your answer you

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referred to the "real world."

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by the "real world"?

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icon design?

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A.

What do you mean

How does that relate to the

Physical world.
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Q.

Is what you mean that as part of

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the icon design -- and we are talking about icons

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that are used for these mobile devices -- that

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one source of the graphics or the pictures that

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are used, are the real world or physical analogs?

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A.

Yes.

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Q.

So in other words, as depicted in

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Figure 1, there's a telephone receiver that's

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used as the picture or the graphic for the

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telephone icon, right?

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A.

Yes.

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Q.

And is that an example of what

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you're referring to?

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A.

This is an example of, you know,

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understanding a symbol in the physical world, and

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this being a representation of it on the phone,

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yes.

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Q.

And then let's use the phone icon

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as an example.

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phone icon was intended to communicate to the

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user?

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What is it that the design of the

A.

The phone functionality of the

Q.

And when you say "the phone

device.

functionality," do you mean that it was -- that
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the icon communicates to the user that the result

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of pressing on the phone icon, that's

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communicated by that picture or image, is -- that

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the phone function will activate?

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A.

Yes.

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Q.

And did you believe, when you were

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designing the phone icon, that using a picture or

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graphic of a telephone receiver communicated that

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information to the user in an effective way?

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MR. MONACH:

Object to the form of

the question.

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THE WITNESS:

You mean this is a

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telephone receiver -- we could have used

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a number of different types of telephone

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receivers for this application, but we

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chose this one.

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Q.

What I'm asking is:

Why did you

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use a telephone receiver to communicate that

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information?

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A.

Because as designers, this is the

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symbol that -- when we most think of phones, this

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is the most simple visual to communicate that

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functionality.

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Q.

Is it true that in designing the

other icons, that are shown here in the '305
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design patent, that you were attempting to

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communicate to the users the particular

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functionality that would be activated by pressing

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on that icon?

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A.

Yes.

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Q.

And that's why you chose the

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particular graphics or pictures that you chose

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for those icons?

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A.

Yes.

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Q.

And I take it that you chose the

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particular pictures or images that end up being

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used for the icons, that are shown here on the

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'305 design patent, because you thought that they

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were effective in communicating that information

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to users, right?

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MR. MONACH:

Objection.

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incomplete hypothetical.

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THE WITNESS:

Compound,

Certainly in our

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opinion, yes, we think this is the most

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effective visual to communicate the

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functions on the phone.

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Q.

Directing your attention to Figure

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1 and Figure 2.

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down already.

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Well, actually, let me narrow it

Directing your attention to Figure
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1 of the '305 design patent, you'll see in the

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upper left-hand corner there are the words

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"AT&T"?

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A.

Yes.

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Q.

Is that part of the claim design

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here?

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MR. MONACH:

Objection.

Calls for

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a legal conclusion, lacks foundation.

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Q.

By your understanding?

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A.

I'm not a patent -- not familiar

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with patents, so I can't say.

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Q.

I understand that.

I'm asking for

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your understanding, though, as an inventor on

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this patent.

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So let me try it this way.

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By your understanding, does the

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'305 design patent claim as part of the design

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the words "AT&T," as they appear here on Figure

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1?

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MR. MONACH:

Objection.

Calls for

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a legal conclusion.

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foundation in light of the prior

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testimony.

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THE WITNESS:
Q.

Objection.

Lack of

I don't know.

Did Apple get AT&T's permission to
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MR. MONACH:

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Objection.

Vague,

assumes facts not in evidence.

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THE WITNESS:

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Not all keypads.

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Q.

Some keypads sure.

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Many keypads that you've seen over

the years, right?

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A.

Many keypads.

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Q.

And so my question is:

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Do you,

from your own experience, find something familiar

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or efficient to have the layout be done in this

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grid-and-column form?

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MR. MONACH:

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THE WITNESS:

Objection.

Vague.

Grid-and-column form

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is one way to present things from a

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visual design point of view.

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Q.

You said "digital design"?

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A.

Visual.

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Q.

And do you have an understanding

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as to what the reasons are for that?

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MR. MONACH:

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Q.

Asked and

answered, vague.

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Objection.

I'm moving beyond now just

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keypads.

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question about grid-and-column patterns.

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I'm now asking in response to your last

MR. MONACH:

Now I'll object.

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It's even more abstract and vague.

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THE WITNESS:

From my designer's

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perspective, a grid-and-column pattern is

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one of a number of ways to present

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information.

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Q.

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from a visual design perspective?

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Well, are there advantages to it

MR. MONACH:

Objection.

Vague as

to the application and other
circumstances.

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THE WITNESS:

Based on my

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knowledge, the advantages are to -- it's

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an organizing principle.

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Q.

Would you agree that having a

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grid-and-column pattern, in addition to having

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the advantage of being -- of creating

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organization, also has advantages to users

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because it's a familiar pattern to them?

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MR. MONACH:

Objection.

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incomplete hypothetical.

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THE WITNESS:

Vague,

I can't say what's a

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familiar pattern to users; all I know is

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the design team made its best effort to

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use paradigms like that, people are

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familiar with.
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We can't -- there's no real --

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we can't really understand what people

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find -- people's own opinions of what

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they see.

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Q.

I'm not asking about individual

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people's opinions, but as a designer, which

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you're attempting to accomplish through the

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designs that you work on for mobile devices there

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at Apple, is that you are endeavoring to

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communicate in the most efficient and

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commonsensical and conventional way to the most

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users possible, right?

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MR. MONACH:

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the question.

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Q.

Object to the form of

It's vague and ambiguous.

Doesn't mean every single person

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understands it, but you're trying to get

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the largest group of people to understand

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it, right?

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MR. MONACH:

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THE WITNESS:

Same objection.
We just design the

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stuff, we don't -- we make our best guess

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as to what that is.

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that is.

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Q.

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We don't know what

Well, whether you know what it is

or not, it's your intention that by using the
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have.

llhankg .

TEE VIDEOGRAPEER: ThiS MATKg ThE

end of Tape Nu¡nber 4 of 4 and concludes
today' s deposLtion of freddy AnzllrêEi.
[he tlme is 5¡1.4 P.rI. We are off the

record.
(Tíme noted:

5¡

14 P.m.

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