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

Filing 1360

Unredacted Declaration of Bill Trac in Support of Samsung's Reply in Support of Motion for Summary Judgment 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. 1068, 1069) (Attachments: # 1 Exhibit 1 to the Trac Declaration, # 2 Exhibit 2 to the Trac Declaration, # 3 Exhibit 8 to the Trac Declaration, # 4 Exhibit 9 to the Trac Declaration, # 5 Exhibit 10 to the Trac Declaration, # 6 Exhibit 14 to the Trac Declaration, # 7 Exhibit 15 to the Trac Declaration, # 8 Exhibit 16 to the Trac Declaration, # 9 Exhibit 17 to the Trac Declaration, # 10 Exhibit 18 to the Trac Declaration, # 11 Exhibit 19 to the Trac Declaration, # 12 Exhibit 20 to the Trac Declaration, # 13 Exhibit 21 to the Trac Declaration, # 14 Exhibit 22 to the Trac Declaration, # 15 Exhibit 23 to the Trac Declaration, # 16 Exhibit 24 to the Trac Declaration, # 17 Exhibit 25 to the Trac Declaration, # 18 Exhibit 26 to the Trac Declaration, # 19 Exhibit 27 to the Trac Declaration, # 20 Exhibit 28 to the Trac Declaration)(Maroulis, Victoria) (Filed on 7/26/2012) Modified text on 7/27/2012 (dhm, COURT STAFF).

EXHIBIT 26
FILED UNDER SEAL

Confidential Attorneys' Eyes Only Outside Counsel

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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,

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Defendants.
_____________________________/

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C O N F I D E N T I A L
A T T O R N E Y S' E Y E S O N L Y
O U T S I D E
C O U N S E L

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VIDEOTAPED DEPOSITION OF RAVIN BALAKRISHNAN, Ph.D.
SAN FRANCISCO, CALIFORNIA
TUESDAY, AUGUST 16, 2011

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BY: ANDREA M. IGNACIO HOWARD, CSR, RPR, CCRR, CLR
CSR LICENSE NO. 9830
JOB NO. 41176
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have to align with the screen.
Q

So you can have -- you can have the edge of

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the boundary be something other than the edge of the

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screen?

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MR. MONACH:

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MR. JOHNSON:

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thing.
A

Objection; vague.
I think we're saying the same

I'm just -- I'm really bad with trying to -I want to make sure I say the right thing

with my understanding of what you're saying, too.
Q

So all I'm saying is, under your view of an

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electronic document, an electronic document can have a

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boundary that is internal to the screen or, you know,

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doesn't have to be at the edge of the screen --

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MR. MONACH:

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MR. JOHNSON:

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MR. MONACH:

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Objection; form.
Q.

-- right?

Objection; calling for a legal

conclusion; asked and answered.

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You can do it again.

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THE WITNESS:

So as I answered earlier, and

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my opinion is that the boundary of the electronic

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document, in this case, this -- this edge is one

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boundary of it, does not have to match the edge of the

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screen, yes.

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MR. JOHNSON:
Q

Okay.

So just, during the lunch, I had the guys
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just print up a sheet of paper with some squares on it

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for me.

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quadrants that are labeled 1 to 36 on here are the

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entire -- that's this -- that's the screen of the

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display.

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A

So if you imagine, sir, that the -- the

So the whole -- the big rectangular is the

screen?

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Q

Right.

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A

Okay.

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Q

So you can have an electronic document that

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consists of smaller grids within the screen; right?

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MR. MONACH:

Object to the form of the

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question; calling for a legal conclusion; incomplete

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hypothetical; asking for a new opinion.

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THE WITNESS:

It would depend on what one

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considers to be the electronic document.

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one of these, let me call it sub rectangles that you

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can label with numbers.

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of them.

It could be

It could be some combination

It --

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MR. JOHNSON:

Right.

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THE WITNESS:

-- really depends on -- depends

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on how, you know, you want to put the boundary around

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it.

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MR. JOHNSON:

Q.

So you could draw a

boundary, hypothetically, around squares 15, 16, 17,
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18, 21 and 22, 23 and 24?

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A

Say -- sorry.

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Q

22, 23, and 24.

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A

So kind of like this?

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Q

Yeah, go ahead and draw it.

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MR. MONACH:

15, 16, 17, 18, 21?

Object to the -- object to the

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form of the question as vague and ambiguous;

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incomplete hypothetical.

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MR. JOHNSON:

Q.

Make it a little more

noticeable for me.

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A

We've got black lines around it.

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Q

Yeah, okay.

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So that could be an electronic document;
right?
A

Depend --

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MR. MONACH:

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THE WITNESS:

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Depending on the context, depending on the

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Same objection.
Sorry.

I jumped in there.

application, it could be.

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MR. JOHNSON:

Okay.

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THE WITNESS:

Or some other collection.

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MR. JOHNSON:

Q.

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It's not limited to that;

right?

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A

I would not say it's limited.

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Q

So it could be also a -- a six-by-six grid or
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a two-by-two grid?

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MR. MONACH:

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MR. JOHNSON:

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Q.

-- or even a three-by-three

grid, I guess --

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MR. MONACH:

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MR. JOHNSON:

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MR. MONACH:

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Same --

Same objection.
Q.

-- right?

Vague and ambiguous; incomplete

hypothetical.

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THE WITNESS:

Again, it would depend on the

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def- -- you know, how -- whoever is being the

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application, what they consider to be the document --

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to be the extent of the document, yes.

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MR. JOHNSON:

MR. MONACH:
before.

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MR. JOHNSON:
Q

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MR. JOHNSON:

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Okay.

Does the grid need to be a rectangle?
MR. MONACH:

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Depending on the context, it --

it could take on different forms.

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Objection; same objection as

Also, misstates the prior testimony.
THE WITNESS:

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Under your view, though, it

could be those, those grids; right?

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Q.

Same objection.
Strike it.

Let me ask it

again.
Q

Does -- would the grid need to be a rectangle

in order for it to be an electronic document?
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MR. MONACH:

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THE WITNESS:

Same objection.
Well, I think the electronic

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document doesn't have to be anything to do with the

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grid.

It --

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MR. JOHNSON:

Okay.

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THE WITNESS:

-- it's any visual thing with

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defined boundaries --

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MR. JOHNSON:

So -- so it --

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THE WITNESS:

-- by my definition of it.

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MR. JOHNSON:

Q.

Could -- if you -- if you

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drew lines around squares one, two, and eight, for

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example --

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A

One, two, and eight.

So this kind of, I

guess, inverted L?
Q

Yeah.

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Could that be an electronic document?

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MR. MONACH:

Objection; vague; incomplete

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hypothetical; calling for a legal conclusion and a new

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opinion.

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THE WITNESS:

So to the extent that I haven't

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considered this, this style of odd-shaped documents

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prior to coming here today, just thinking on the fly

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here, a -- based on my understanding of, you know,

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boundaries, that wouldn't -- would satisfy the notion

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of a boundary, again, depending on the context of the
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