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 9
FILED UNDER SEAL

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INTERNATIONAL TRADE COMMISSION
In the Matter of Certain
)
Electronic Digital Media
)
Devices and Components
) Inv. No. 337-TA-796
Thereof,
)
________________________________)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
APPLE INC., a California
)
Corporation,
)
Plaintiff, )
v.
) 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.
)
________________________________)
* H I G H L Y
C O N F I D E N T I A L *
* ATTORNEYS' EYES ONLY/PURSUANT TO PROTECTIVE ORDER *
VIDEOTAPED DEPOSITION
OF
ALAN HEDGE, Ph.D.
New York, New York
Monday, April 30, 2012

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Reported by:
ANNETTE ARLEQUIN, CCR, RPR, CLR
JOB NO. 48925
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Confidential - Attorneys' Eyes Only
ahead.
BY MS. HUTNYAN:

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Q.

It was a simple question.

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A.

If that is what Jonathan Ives says,

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then I have no reason to doubt what Jonathan

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Ives says since he was involved in the design

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01:50PM

and I wasn't.

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Q.

Do you know of any smartphones that

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people buy just to look at the display without

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looking at content on the display; in other

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words, just looking at it as a sculpture?

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A.

01:50PM

I don't know the reasons that people

buy smartphones in general.
Q.

You think that people buy smartphones

01:51PM

for use as a sculpture?
A.

Could you explain to me what you mean

by for use as a sculpture?
Q.

Meaning just to admire the external

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design of the display or other physical features

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of the phone rather than to use it.

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A.

01:51PM

I think that there are elements of

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the design that people do buy as a sculpture in

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your words.

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For example, being able to choose
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between phones of different colors or being able

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to choose between phones of different form

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factors or being able to choose between phones

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that have different logos on them that are

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identified as synonymous with high level design.

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But of course they're not buying a

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phone just to place it in a hallway or a room

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and serve as a sculpture.

01:51PM

So there are clearly

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ornamental aspects to all of these products,

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there are aesthetic aspects to all of these

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products, but the product also performs

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functions.

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Q.

01:52PM

And in fact if it doesn't perform

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those functions, nobody is going to buy it as a

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smartphone; isn't that right?

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A.

01:52PM

If a smartphone was extremely

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attractive but didn't work as a smartphone, then

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you might buy it as a piece of sculpture, but

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you wouldn't buy it as a smartphone.

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Q.

01:52PM

But you don't know that anybody has

actually done that.
A.

I have no information on the reasons

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that people have bought different kinds of

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phones.

01:52PM
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Q.

But you think there's some

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possibility out there that people would buy a

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non-functional smartphone because it looks

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pretty?

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A.

01:52PM
I think that the aesthetic appearance

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of a product does influence consumer behavior.

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In fact we've been doing some research on that,

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but I have no information on to what extent that

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might be driving consumer purchase decisions

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about the phones in question.

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Q.

01:53PM

Isn't one of the reasons why people

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buy iPhones is so that they can watch movies on

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them?

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A.

I assume that might be one reason.

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I've had an iPhone for over a year and never

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watched a movie on it, so but I guess there are

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generational differences.

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many reasons that people buy them just as they

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might buy them to play music on, which I don't

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do.

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So I assume there are

01:53PM

So but again, I have no evidence, I

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have not read any reports on the reasons why

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people buy iPhones, which features are

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preferable to which other features in a phone.
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