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 8
FILED UNDER SEAL

Highly Confidential - Outside Counsels' 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 JONATHAN IVE
SAN FRANCISCO, CALIFORNIA
THURSDAY, DECEMBER 1, 2011

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BY: ANDREA M. IGNACIO HOWARD, CSR, RPR, CCRR, CLR
CSR LICENSE NO. 9830
JOB NO. 43920
TSG Reporting - Worldwide

[phone]

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same question about your interpretation and

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understanding of those diagonal lines for Figure 3,

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you'd give me the same answer as you did for Figure 1?

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A

Yes.

My interpretation from those diagonal

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lines on Figure 3 would be that it -- it communicates

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that that surface is flat.

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five of those diagonal lines cross another feature,

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that it would indicate to me -- or I would interpret

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that as meaning that that material was perhaps clear.

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Q

And because four of the

And when you say they're another feature,

what are you referring to?
A

The -- the way that they cross the dotted

line, this suggests the display opening.
Q

Do you have any understanding or explanation

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as to why the front surface as shown in Figure 1 and

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Figure 3 has the diagonal lines in both of those, but

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then looking at the back surface figures shown in

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Figure 2 and Figure 4, those diagonal lines only

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appear in Figure 2 and not Figure 4?

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A

No, I -- I don't have an explanation, but I

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do have a clear interpretation of what these drawings

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and all of these figures in conjunction with each

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other are communicating.

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Q

With respect to Figure 1 and Figure 3, you've

used the phrase "dotted line."
TSG Reporting - Worldwide

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A

Yes.

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Q

What -- what does the dotted line signify, in

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your understanding?

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A

Well --

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Q

In those two figures, of course.

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A

So the dotted line in Figure 1 and in

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Figure 3, my interpretation of that dotted line is

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that denotes the ending of an opaque border and the

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beginning of the display that occurs; both of those,

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that transition occurring underneath the clear

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material.

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Q

And when you say "the beginning of the

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display," are you referring to the active area of the

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display, or are you referring to something else?

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A

When -- when -- yes.

When I'm referring to

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the display, I'm referring to that being the beginning

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of -- there's always a slight -- a slight margin, and

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then the active area of the display.

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And that would, of course, also correspond

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with the -- the DITO panel which carries the

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multi-touch ITO.

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Q

And so we have a clear record of it, then,

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the -- the area shown in Figure 1 and Figure 3, that's

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inside the interior dotted rectangular line,

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represents the active area of the -- the display?
TSG Reporting - Worldwide

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A

My interpretation would be that that dotted

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line marks the junction between essentially the active

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area of the display and the end of the opaque mask

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that's behind the clear material.

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interpretation.

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Q

That's my

As we talked about, the -- that line showing

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the demarcation between the active area of the display

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and the margin is in a dotted line form; right?

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A

Yes.

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Q

Do you have any understanding as to whether

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or not the dotted line has any significance for

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purposes of whether or not that demarcation line is --

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is part of the claim design here?

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A

In -- in my interpretation of these images,

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I've been interpreting just these graphic images.

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that's -- all of my comments are based on, these are

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graphic images, what do I interpret, and assume what

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they mean in conjunction with each other.

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So

So my assumption was this dotted line

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suggests that it is a -- a junction and feature that

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is below.

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images, and I'm not making any reference to reading

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the -- the -- the -- the descriptions at the

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beginning.

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Q

But that's just looking at these graphic

And perhaps let's do that, then.
TSG Reporting - Worldwide

[phone]

If you can

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please take a look at the description field.

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A

Yes.

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Q

You'll see that it says in -- in depicting or

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describing Figure 9, it says:

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"Figure 9 is an exemplary diagram of the use

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of the electronic device thereof, the broken lines

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being shown for illustrative purposes only, and form

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no part of the claim design."

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Do you see that language?

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A

So that's on Figure --

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Q

9.

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A

Oh, Figure 9.

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So what does it say on Figure 3?

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So the dotted line that -- they're talking

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about the person here?
Q

Right.

And I -- what I'd like to do is just

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take this one step at a time.

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Figure 9 for a moment.

So let's talk about

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A

Okay.

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Q

So just to go back for a second, you see the

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language under the description field where it says:
"Figure 9 is an exemplary diagram of the use

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of the electronic device thereof, the broken lines

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being shown for illustrative purposes only in form no

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part of the claim design."
TSG Reporting - Worldwide

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