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

Filing 1362

Unredacted Exhibits to Musika Declaration in Support of Apple's Opposition to Samsung's Daubert Motion re 1256 Order on Administrative Motion to File Under Seal, (Dkt. No. 991) by Apple Inc.. (Attachments: # 1 Exhibit D, # 2 Exhibit E, # 3 Exhibit F, # 4 Exhibit G, # 5 Exhibit H, # 6 Exhibit I, # 7 Exhibit J, # 8 Exhibit L, # 9 Exhibit M, # 10 Exhibit N, # 11 Exhibit O, # 12 Exhibit P, # 13 Exhibit Q, # 14 Exhibit R, # 15 Exhibit V, # 16 Exhibit W, # 17 Exhibit X)(Jacobs, Michael) (Filed on 7/26/2012) Modified text on 7/27/2012 (dhm, COURT STAFF).

Exhibit E
(Submitted Under Seal)

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN JONES DIVISION
)
APPLE, INC., A CALIFORNIA )
CORPORATION,
)
)
Plaintiff,
)
)
)
VS.
) CASE
) NO.
) 11-CV-01846-LHK(PSG)
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,
)
)
)
Defendant.
)
********************************************************
ORAL AND VIDEOTAPED DEPOSITION OF
DAE IL "DALE" SOHN
Friday, April 20, 2012
HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
*******************************************************
ORAL AND VIDEOTAPED DEPOSITION OF DAE IL "DALE" SOHN,
produced as a witness at the instance of the Plaintiff(s),
and duly sworn, was taken in the above-styled and numbered
cause on Friday, April 20, 2012, from 9:33 a.m. to
5:27 p.m., before Tamara K. Chapman, CSR in and for the
State of Texas, reported by machine shorthand, at Regus,
4515 Cole Avenue, Dallas, Texas, pursuant to the Federal Rules of
Civil Procedure and the provisions stated on the record or
attached hereto.
JOB NO: 48590
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THE VIDEOGRAPHER:

This is the start of tape

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labeled No. 1 of the videotaped deposition of Dale Sohn in

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the matter of Apple, Inc., versus Samsung Electronics

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Company, Ltd., for the Northern District of California,

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San Jose Division, No. 11-CV-01846-LHK (PSG).

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deposition is being held in Dallas, Texas, on April 20th,

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2012, at approximately 9:33 a.m.

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Tamara Chapman.

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10

This

The court reporter is

Will counsel please introduce yourselves,
after which the court reporter will swear in the witness.

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MR. OLSON:

Erik Olson from Morrison &

09:33
09:33
09:33

12

Foerster on behalf of Apple, and with me is Emily

09:33

13

Sheffield from my office.

09:33

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MS. MAROULIS:

Victoria Maroulis with Quinn

09:33

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Emanuel, counsel for Samsung and the witness, Mr. Dale

09:33

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Sohn.

09:33

With my is Cindi Moreland, general counsel of STA.

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DAE IL "DALE" SOHN,
having been first duly sworn, testified as follows:

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EXAMINATION

09:33
09:33
09:33

BY MR. OLSON:

09:33

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Q.

Mr. Sohn, state your full name for the record.

09:34

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A.

My Korean name is Dae Il Sohn.

09:34

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THE INTERPRETER:
Q.

(BY MR. OLSON)

D-A-E I-L S-O-H-N.

09:34

Do you go by a different name in

09:34

the United States?

09:34

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A.

The name that I use for the sake of the business

affairs in the United States is Dale Sohn.

09:34
09:34

3

Q.

What's your residential address?

09:34

4

A.

5320 Catamaran Drive, Plano, Texas.

09:34

5

Q.

And you are the president and CEO of Samsung

09:35

6

Telecommunications America's, LLC, correct?

09:35

7

A.

Yes.

09:35

8

Q.

And Samsung Telecommunications America, if I

09:35

9

refer to that as STA, would that make sense to you?

09:35

10

A.

Yes.

09:35

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Q.

And isn't it the case that that's one of the ways

09:35

12

that people within Samsung refer to your subsidiary?

09:35

13

A.

Correct.

09:35

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Q.

And Samsung Telecommunications America or STA

09:35

15

sells over 9 billion in products a year in the United

09:36

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States, correct?

09:36

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MS. MAROULIS:

Objection.

Calls for

09:36

18

speculation.

09:36

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A.

09:36

Our revenue is more or less than $9 billion, but

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when it comes to the accurate number, I don't have a clear

09:36

21

recollection.

09:36

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09:36
Q.

(BY MR. OLSON)

You've been the president and CEO

of STA since May of 2006, correct?
A.

Correct.

09:36
09:36
09:37

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MS. MAROULIS:

Objection; vague, calls for

10:52

2

speculation.

10:52

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A.

Correct.

10:52

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Q.

(BY MR. OLSON)

In the postpaid market for

10:53

5

smartphones, isn't it correct that Apple is a primary

10:53

6

competitor of Samsung with respect to smartphones, and

10:53

7

I'll say for 2011 and 2012?

10:53

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MS. MAROULIS:

Objection; compound, vague.

10:53

9

A.

That is correct.

10:53

10

Q.

(BY MR. OLSON)

10:53

And with respect to the Galaxy S

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phones, Apple is a primary competitor for the customers

10:53

12

who would purchase those phones or, alternatively,

10:53

13

purchase an iPhone?

10:54

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MS. MAROULIS:

Objection; vague, calls for

speculation, assumes facts not in evidence.
A.

The competition situation may differ depending on

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carriers.

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named DROID.

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be fiercer.

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handle iPhones at all.

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When it comes to Verizon, there is a brand
So actually competition with the DROID could
And when it comes to T-Mobile, it doesn't

So even in the postpaid market, we have fierce

10:54
10:54
10:55
10:55
10:55
10:55
10:56
10:56

22

composition with other vendors such as HTC and Motorola.

10:56

23

So it would be somewhat difficult to pinpoint iPhones as

10:56

24

our -- as the primary competitive product with regard to

10:56

25

the Galaxy S II product.

10:56

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Q.

(BY MR. OLSON)

But Apple would be a competitor

10:56

2

of Samsung with respect to the Galaxy S and the Galaxy

10:56

3

S II product?

10:56

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A.

Yes.

10:56

5

Q.

Has Samsung Korea or Samsung Telecommunications

10:56

6

America placed any particular focus on an effort to beat

10:57

7

Apple in 2010 or 2011 or 2012?

10:57

8

MS. MAROULIS:

9

A.

Yes.

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Q.

(BY MR. OLSON)

Objection; compound.

10:57
10:57

And it's correct in fact that in

10:57

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each of those three years it has been a particular goal of

10:57

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STA to beat Apple in the United States?

10:57

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MS. MAROULIS:

Objection; compound, assumes

facts.

10:58

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A.

It is not true.

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Q.

(BY MR. OLSON)

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10:58
Is it true in 2012 that one of

your goals for the STA organization is to beat Apple?

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10:58

MS. MAROULIS:

Objection; vague.

10:58
10:58
10:58

19

A.

That is correct.

10:58

20

Q.

(BY MR. OLSON)

10:58

And -- and it's the case that you

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have been directed by superiors at SEC Korea to come up

10:58

22

with a strategy in 2012 to beat Apple?

10:59

23

MS. MAROULIS:

Objection; vague.

10:59

24

A.

No, that is not true.

10:59

25

Q.

(BY MR. OLSON)

10:59

Have you received any

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN JONES DIVISION
)
APPLE, INC., A CALIFORNIA )
CORPORATION,
)
)
Plaintiff,
)
)
)
VS.
) CASE
) NO.
) 11-CV-01846-LHK(PSG)
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,
)
)
)
Defendant.
)

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REPORTER'S CERTIFICATION
DEPOSITION OF DAE IL "DALE" SOHN
APRIL 20, 2012

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I, Tamara K. Chapman, Certified Shorthand Reporter in
and for the State of Texas, hereby certify to the
following:
That the witness, DAE IL "DALE" SOHN, was duly sworn
by the officer and that the transcript of the oral
deposition is a true record of the testimony given by the
witness;
That the deposition transcript was submitted on
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April 20th, 2012 to the witness or to the attorney for

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the witness for examination, signature and return to me by

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May 20th, 2012;

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That the amount of time used by each party at the
deposition is as follows:

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Mr. Erik J. Olson - 6:01

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Ms. Victoria F. Maroulis - 00:00

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That pursuant to information given to the deposition

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officer at the time said testimony was taken, the
following includes counsel for all parties of record:

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Mr. Erik J. Olson - THE PLAINTIFF

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Ms. Victoria F. Maroulis - THE DEFENDANT

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That $__________ is the deposition officer's charges

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to the Plaintiff(s) for preparing the original deposition

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transcript and any copies of exhibits;

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I further certify that I am neither counsel for,

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related to, nor employed by any of the parties or

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attorneys in the action in which this proceeding was

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taken, and further that I am not financially or otherwise

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interested in the outcome of the action.

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Certified to by me this 20th day of April 2012.

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___________________________________
Tamara K. Chapman, Texas CSR 7248

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Expiration Date:

12/31/10

TSG Reporting, Inc.
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Firm Registration No. 615
Nationwide - Worldwide

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Phone: [phone]
[e-mail]

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www.tsgreporting.com

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