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 10
FILED UNDER SEAL

Confidential

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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,
-againstSAMSUNG ELECTRONIC CP., LTD., a Korean
business entity; SAMSUNG ELECTRONICS
AMERICAN, INC., A New York Corporation;
SAMSUNG TELECOMMUNICATIONS AMERICA, LLC,
a Delaware limited liability company,

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DEFENDANTS.
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***CONFIDENTIAL***

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VIDEOTAPED DEPOSITION OF RUSSELL WINER
New York, New York
Friday, April 27, 2012

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Reported by:
Rebecca Schaumloffel, RPR, CLR
JOB NO. 48805
TSG Reporting - Worldwide

[phone]

Confidential

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have music on their phone at all.

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them the availability of iTunes is really a

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non-issue in terms of the brand.

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others that have their music on iTunes,

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download videos through iTunes and can use

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them on videos and music on the iPad and the

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iPhone and for them the answer would be yes,

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it is part of the applicability.

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There are

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To what degree is the

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availability of the iTunes store a factor in

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the sales and success of the iPod Touch

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devices as opposed to their appearance?

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Q.

So for

A.

Since the main function of the

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iPod Touch -- well, it is evolved from the

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iPods, but one of the main functions of the

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iPod Touch is to play music.

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is a significant factor for the Touch.

I would say it

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Q.

How significant?

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A.

I can't quantify it.

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There are

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other aspects of the Touch besides music, but

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I would say very significant.

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Q.

How significant or very

significant, to use your word?
MS. HAGBERG:

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Asked and

answered.

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03:27PM

TSG Reporting - Worldwide

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A.

Why don't you provide me with

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some adjectives and I will pick one that I

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think holds.

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Q.

Are you able to give any

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quantification to the percentage of consumers

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who buy and have bought iPod Touch devices

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principally because of the availability of

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the iTunes store?

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A.

No, I can't.

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Q.

Are you able to give any

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quantification as to the percentage of

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consumers who buy and have bought iPod Touch

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devices principally because of the way they

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look and not because of the availability of

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the iTunes store?

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A.

No, I can't.

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Q.

As compared to the iTunes store,

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are you able to say that the look of the iPod

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Touch devices is a more important factor in

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the sales and success of the devices?

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A.

No.

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Q.

I think you mentioned that you

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yourself have an iPhone?

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A.

I do.

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Q.

Are you familiar with something

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TSG Reporting - Worldwide

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called the bounce back feature?

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A.

No.

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Q.

Are you aware that within the

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Apple interface there is a bounce back

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feature where an electronic document is

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scrolled past an edge of the document and the

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document snaps back into place or

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automatically relocates itself?

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MS. HAGBERG:

Objection; no

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foundation.

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A.

No, I am not familiar with that.

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Q.

You never noticed that?

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A.

I may have noticed the result of

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it, but I never heard it referred to as

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bounce back.

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Q.

Regardless of whether you have

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heard of it by a particular name, did you

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ever notice that feature?

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A.

Could you describe it again?

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Q.

Did you ever notice a feature in

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the iPhone interface where an electronic

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document is scrolled past an edge of the

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document and the document then snaps back

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into place or automatically relocates itself?

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MS. HAGBERG:

Objection; vague.

TSG Reporting - Worldwide

[phone]

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