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

Filing 1359

Unredacted Exhibits to Kanada Declaration in Support of Apple's Opposition to Samsungs Motions in Limine re 1256 Order on Administrative Motion to File Under Seal, re (Dkt. No. 1206) by Apple Inc.. (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 4, # 4 Exhibit 5, # 5 Exhibit 6, # 6 Exhibit 7, # 7 Exhibit 9, # 8 Exhibit 10, # 9 Exhibit 12, # 10 Exhibit 41)(Jacobs, Michael) (Filed on 7/26/2012) Modified text on 7/27/2012 (dhm, COURT STAFF).

Exhibit 10
(Submitted Under Seal)

Attorneys' 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,

)
)
)
Plaintiff,
)
)
vs.
)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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HIGHLY CONFIDENTIAL - ATTORNEYS EYES ONLY
DEPOSITION OF TIMOTHY BENNER
WEDNESDAY, FEBRUARY 22, 2012

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REPORTED BY: JUDIE A. NICHOLAS, CSR NO. 12229
JOB NO: 46809
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877-702-9580

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A P P E A R A N C E S
FOR THE PLAINTIFF:

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MORRISON & FOERSTER

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BY:

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755 Page Mill Road

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Palo Alto, CA 94304

CHRISTOPHER L. ROBINSON, ESQ.

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FOR THE DEFENDANTS:

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QUINN EMANUEL URQUHART & SULLIVAN

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BY:

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555 Twin Dolphin Drive

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Redwood Shores, CA 94065

MARGRET CARUSO, ESQ.

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ALSO PRESENT:

MICHELLE YANG, SAMSUNG
BENJAMIN GERALD, VIDEOGRAPHER

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page count was a whopping 30,637 pages and,

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therefore, we are going to reserve the right to

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keep Mr. Benner's deposition open in light of

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Samsung's voluminous and untimely production of

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these documents?

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MS. CARUSO:

Samsung believes that Apple

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has had adequate time to review those documents and

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objects to keeping the deposition open.

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MR. ROBINSON:

Q.

Mr. Benner, I

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understand you have had a Ph.D. in anthropology; is

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that correct?

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A.

That's correct.

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Q.

And a Bachelor of Arts in anthropology as

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well?

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A.

That's correct.

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Q.

When did you receive your PhD in

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anthropology?

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A.

2001.

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Q.

When did you join Samsung?

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A.

2007.

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Q.

And that was -- I understand that was

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around April 2007, does that sound about right?

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A.

That is correct.

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Q.

What was your job title when you started

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at Samsung in April 2007?

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A.

It was manager of strategic marketing.

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Q.

Did your job duties involve consumer

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research at that time?

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A.

Yes.

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Q.

And what is your current title?

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A.

Senior manager, Consumer -- sorry --

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Senior Manager, Consumer Insights and Analytics.
Q.

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And had your -- excuse me.

Strike that.

Do your current job duties involve
consumer research?

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A.

Yes.

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Q.

And from when you started in April 2007 to

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the present day, your job functions have primarily

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concerned consumer research; is that correct?

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A.

That is correct.

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Q.

So you are the consumer research guy at

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STA; is that correct?

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MS. CARUSO:

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THE WITNESS:

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"consumer research guy" means?

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MR. ROBINSON:

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Objection:

Vague.

Can you clarify what

Q.

In layman's terms,

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you're primarily responsible for consumer research.

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You're here to the testify for Samsung concerning

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consumer research; is that right?

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A.

That is correct.

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MS. CARUSO:

THE WITNESS:

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It would be the strategy

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Who is involved with

the strategy group?

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As mentioned earlier, Justin Denison and

his team.
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MR. ROBINSON:

A.

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group.

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Lacks foundation;

calls for speculation.

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Objection:

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Thank you.

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I have no further questions at this time,

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subject to the same reservations and the same

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objection by counsel --

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MS. CARUSO:

Yes.

This time we're getting

out of here.

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THE VIDEOGRAPHER:

This marks the end of

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Disk Number 2 of 2, and concludes today's

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deposition of Timothy Benner.

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2:35 p.m., and we are off the record.

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The time is

(The deposition adjourned
at 2:35 p.m.)
--oOo--

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Signed under penalty of perjury:

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__________________________

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Timothy Benner

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I, JUDIE A. NICHOLAS, a Certified

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Shorthand Reporter of the State of California, duly

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authorized to administer oaths, do hereby certify:

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That the foregoing proceedings were taken

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before me at the time and place herein set forth;

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that any witnesses in the foregoing proceedings,

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prior to testifying, were duly sworn; that a record

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of the proceedings was made by me using machine

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shorthand which was thereafter transcribed under my

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direction; that the foregoing transcript is a true

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record of the testimony given.

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Further, that if the foregoing pertains to

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the original transcript of a deposition in a

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Federal Case, before completion of the proceedings,

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review of the transcript (X) was ( ) was not

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required.

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I further certify that I am neither

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financially interested in the action nor a relative

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or employee of any attorney or party to this

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action.

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IN WITNESS WHEREOF, I have this date

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subscribed my name.

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Dated: 2/23/2012

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______________________________

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JUDIE A. NICHOLAS, CSR #12229
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877-702-9580