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).

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Exhibit M (Submitted Under Seal) EXHIBIT 25-S Apple Inc. v. Samsung Electronics Co., LTD., et al. Demand for Utility Patents Title of Document Bates Beg - End Page in Document Party 1 Deposition of Tamara Whiteside, Worldwide Advertising Manager at Apple, 2/28/12 N/A P. 124 Apple Scroll or Gesture/Zoom and Refocus/Multi-touch Multi-touch is focused on because "it's the way that you interact with the product...you can pinch to zoom in or out, tap to zoom." There are "various ways that you can interact with this product that are unique to it." 2 Deposition of Tamara Whiteside, Worldwide Advertising Manager at Apple, 2/28/12 N/A P. 158 Apple Bounce Effect Apple featured the bounceback functionality in ads because "nobody else had…the ability to do that in their software." x 3 Deposition of Eric Jue, Product Line Manager for iPod at Apple, 2/24/12 N/A P. 49 Apple Bounce Effect "Q Do you think the bounceback feature was revolutionary? A Absolutely" x 4 "Apple: iOS - Powering the Mobility Revolution", BernsteinResearch APL-ITC796-0000071960 - 2051 APL-ITC796-0000071990 Apple Multi-touch "Apple has pioneered multi-touch and focuses on ease-of-use of the phone (for example, the 3 MP camera in the iPhone 3GS wasn't cutting-edge, but featured revolutionary user functionality such as touch-to-focus)." x 5 iPad Buyer Survey: Initial US Results, August 2010 APLNDC-Y0000023361 - 3427 APLNDC-Y0000023387 Apple Multi-touch When asked what was the most important features that prompted purchase of an iPad, multi-touch was the most important reason for 2% of those surveyed (4% choose this feature as second-most important, and 3% choose as thirdmost important). x N/A 0:01; 0:19 Apple Scroll or Gesture Scrolling function is shown during commercial for the iPhone. x x 6 Exhibit 6 to Declaration of Sissie Twiggs, Director of Worldwide Advertising at Apple, 7/1/11 Exhibit 8 to Declaration of Sissie Twiggs, Director of Worldwide Advertising at Apple, 7/1/11 Relevant Patent or Feature Patent '381 '915 '163 '607 # Comments on Utility x N/A 0:01; 0:11; 0:17 Apple Scroll or Gesture Scrolling function is shown during commercial for the iPhone 3G. 8 Exhibit 10 to Declaration of Sissie Twiggs, Director of Worldwide Advertising at Apple, 7/1/11 N/A 0:06 0:14; 0:20 Apple Scroll or Gesture/Zoom and Refocus/Multi-touch In the commercial for the iPhone 4, double tap feature is shown once; pinch to zoom feature is shown multiple times. x 9 Exhibit 19 to Declaration of Sissie Twiggs, Director of Worldwide Advertising at Apple, 7/1/11 N/A 0:01 0:10; 0:15; 0:26 Apple Scroll or Gesture/Multi-touch In the commercial for the iPad, multi-point touch feature shown; scrolling function is shown during commercial. x 10 Exhibit 29 to Deposition of Sissie Twiggs, Director of Worldwide Advertising at Apple, 7/27/11 11 x 7 N/A p.66 Apple DJ Koh Review - 3/16/11 SAMNDCA00236805 - 6847 SAMNDCA00236817 Samsung Scroll or Gesture/Multi-touch 12 Latest Mobile Phone Usage and Satisfaction Survey - TMobile Vibrant MRS Questionnaire SAMNDCA00247578 - 7604 SAMNDCA00247594 Samsung Scroll or Gesture/Zoom and Refocus/Multi-touch 13 VZW "SCH-i905(P4_LTE)" - Product Planning Group 3/31/2011 SAMNDCA00522001 - 2025 SAMNDCA00522009 Samsung Multi-touch 14 Samsung Equaliser - UX Forecast 2012-13 SAMNDCA00190881 - 1029 SAMNDCA00190971 Samsung Scroll or Gesture 15 Touch Portfolio - Rollout Strategy - Recommendation Based on Consumer Insight - 12/17/08 SAMNDCA00178021 - 8112 SAMNDCA00178036 SAMNDCA00178056 Samsung Bounce Effect/Scroll or Gesture Survey shows consumers are concerned about "accidental touches" and "lack of pinpoint control" on their touch screens; Survey found touch gestures and the "bounce" feature as "fun" and "whimsical" features of the iPhone 16 Touchscreen Mobile Browsers: Best Practice Guidelines and Browser Evaluations - November 2009 SAMNDCA00190046 - 0093 SAMNDCA00190053 Samsung Scroll or Gesture/Zoom and Refocus The iPhone "meets user needs very well for zooming." 17 ARIES (GT -I8700) Product Proposal Document 12/14/2009 S-ITC-001012125 - 2139 S-ITC-001012133 Samsung Zoom and Refocus/Multi-touch Document mentions "Multi-touch" and "One Finger Zoom" as part of the "Cutting-Edge Technology" selling point. 18 Analysis of Galaxy tab Operation Speed and Screen Effects (Translated) SAMNDCA00201771 - 1780 SAMNDCA00201772-1780 Samsung Bounce Effect Document compares Galaxy Tab's Bounce feature to the iPad's. Bounce effect is listed as unemotional in several areas. 19 VZW News Release - 6/28/10 SAMNDCA00312249 - 2251 SAMNDCA00312250 Samsung Scroll or Gesture/Zoom and Refocus 20 Verizon Wireless Weekly Report - Week 38 - 9/26/11 S-ITC-005218927 - 8984 S-ITC-005218936 Samsung Bounce Effect 21 Samsung Epic 4G, America's First 4G-Capable Phone with Slide-out QWERTY Keyboard and Brilliant Super AMOLED Touchscreen, Coming to Sprint - 6/28/10 SAMNDCA00312245 - 2251 SAMNDCA00312246 Samsung Scroll or Gesture Prepared by Invotex Group Page 1 of 4 Scroll or Gesture "Touching is Believing": advertisement depicting the ease of use of iPhone with its touchscreen feature. Mentions iPad 2 rumors "expect thinner, lighter device" with "new multi-touch gestures." Survey asks if the Samsung Vibrant is "easy to use with multitouch function (lets you enlarge/minimize everything using only your fingers)" Mentions Samsung P4 LTE is "Easy and Fast to Use" with "10 Finger Multi-touch" Document mentions increase in input methods (such as scrolling on an iPhone) as a trend in mobile platforms Samsung Fascinate features "advanced touch screen gesture capabilities", including different zoom methods and horizontal swiping. Document states that VCAST apps in Model I510 (Droid Charge) have bounce effect. Samsung Epic 4G "supports a series of advanced touch screen gestures including multi-touch pinch" and "vertical and horizontal swiping." x x x x x x x x x x x x x x x x x x x x x x x Submitted Under Seal; Highly Confidential; Outside Counsel Eyes' Only EXHIBIT 25-S Apple Inc. v. Samsung Electronics Co., LTD., et al. Demand for Utility Patents # Title of Document Bates Beg - End Page in Document Party Relevant Patent or Feature Patent '381 '915 '163 '607 Comments on Utility 22 Samsung Mobile and U.S. Cellular Announce Availability of the Samsung Mesmerize, a Galaxy S Smartphone, at CTIA Enterprise & Applications - 10/6/10 SAMNDCA00312263 - 2266 SAMNDCA00312264 Samsung Scroll or Gesture 23 AT&T and Samsung Mobile Announce Upcoming Availability of the Samsung Captivate, a Galaxy S Smartphone - 6/17/10 SAMNDCA00312274 - 2279 SAMNDCA00312275 Samsung Scroll or Gesture 24 Samsung Gem(SCH-i100) Sales Point SAMNDCA10173553 - 3573 SAMNDCA10173564 - 3565 Samsung Scroll or Gesture/Multi-touch 25 Samsung 'THOR' '11 Hero Proposal - 7/12/10 SAMNDCA10138344 - 8429 SAMNDCA10138389 Samsung Scroll or Gesture 26 Competitor Benchmarking Samsung Qbowl 09/07 SAMNDCA00219766 - 9880 SAMNDCA00219878 Samsung Scroll or Gesture Document recommends that "traditional scroll bar aesthetics is not used but the iPhones' scrolling mechanism instead." x 27 Mobile Internet User Research - 1/18/08 SAMNDCA00220591 - 0672 SAMNDCA00220603 Samsung Scroll or Gesture Document states the iPhone's "Zoom and Scroll are simple and intuitive using finger gestures." x 28 Samsung Galaxy Tab Official Commercial (http://www.youtube.com/watch?v=GHPJdqgsJ9g) N/A 0:14 Samsung Scroll or Gesture Scrolling function is shown in commercial for the Galaxy Tab. x 29 Time to Tab - Samsung Galaxy Tab 10.1 Global TV Commercial (http://www.youtube.com/watch?v=QL8ePbYsdc8) N/A 0:04 Samsung Scroll or Gesture/Multi-touch Pinch to zoom and scrolling features are shown in the commercial for the Galaxy Tab 10.1. x N/A 0:09 Samsung Scroll or Gesture Scrolling function is shown in commercial for the Galaxy Tab. x x 30 31 Introducing the Samsung Galaxy Tab - It's Go Time! (http://www.youtube.com/watch?v=yGKthibnyTE) Samsung Continuum - A Galaxy S Phone (Verizon) (http://www.youtube.com/watch?v=KIi32R3yciY) Samsung Mesmerize "supports a series of advanced touch screen gestures including multi-touch pinch" and "vertical and horizontal swiping" x Samsung Captivate "supports a series of advanced touch screen gestures including multi-touch pinch" and "vertical and horizontal swiping." Document states "multi-touch enhances type accuracy" and that "pinch-zoom enabled android browser can give convenience while browsing." Document states "Touch is History - Gesture Input is Innovative." N/A 0:30; 1:12 Samsung Scroll or Gesture x x x x Scrolling function is shown in commercial for the Galaxy S Continuum. 32 Samsung Mobile USA, [Jo Videos] Samsung Galaxy S II Tips & Tricks - Email (http://www.youtube.com/watch?v=EhwW3cjsbAM&list =PLB06411CFD33597A3&feature=plcp&context=C337f15f PDOEgsToPDskIFli7kLjB29rSJhGXwKF67) N/A 1:08 Samsung Scroll or Gesture/Multi-touch Pinch to zoom and scrolling features are shown in the commercial for the Galaxy S II. x 33 [GALAXY Tab 10.1] Official Demo - HD (http://www.youtube.com/watch?v=7tfX3Vlz0nI&feature =related) N/A 0:51 3:49; 4:00 8:32 Samsung Scroll or Gesture/Zoom and Refocus/Multi-touch In the commercial for Galaxy Tab 10.1, pinch to zoom and scrolling features are shown; tap to zoom and navigate feature shown. Tablet design is described as "revolutionary." x 34 [GALAXY S II] Official Live Demo - Viewing (http://www.youtube.com/watch?v=LP38KFLR0U&feature=BFa&list=PL3F63929F54D9A90A&lf=plpp_ video) N/A 0:24 1:01 Samsung Scroll or Gesture/Multi-touch In the commercial for the Galaxy S II, pinch to zoom and scrolling features are shown. x 35 Samsung Galaxy S II Presentation SAMNDCA10775587 - 5624 SAMNDCA10775607 Samsung Scroll or Gesture/Zoom and Refocus 36 P5 Usability Evaluation Results - 4/9/11 (Translated) SAMNDCA00176053 - 6171 SAMNDCA00176125 Samsung Bounce Effect 37 WOW Project - July 2007 (Translated) SAMNDCA00202212 - 2225 SAMNDCA00202221 Samsung Multi-touch 38 Relative Evaluation Report on S1, iPhone, 3/2/10 SAMNDCA00203880 - 4010 SAMNDCA00203909, '3928, and '3944 Samsung Scroll or Gesture/Zoom and Refocus SAMNDCA00251506 - 1512 SAMNDCA00251508 and '1513 x 39 3G iPhone US Market Impact, July 2008 Samsung Prepared by Invotex Group Page 2 of 4 Multi-touch Diagrams showing "a double tap and tilt of the device will zoom in and out" and "Tap and Pan will move the user from widgets to menus." Samsung notes their current browser has no Bounce effect, and for the iPad, "there is an element of Fun from the natural Bounce effect following hand movements." There is a text screen noting that the GA Lab Evaluation will evaluate the Bounce effect. Samsung compares the Samsung Optical Joystick, with 'Multi Touch' next to an Apple logo. After comparing the web browser of the i9000 and iPhone, Samsung notes iPhone's drag and Double Tap feature, and recommend "add various features that a user can easily notice such as up/down transitions." Two options to deal with the iPhone: "Option 1: match the iPhone on mainly one dimension (product)…. Option 2: match the iPhone on multiple dimensions." Under the Samsung short/medium term plan for Product, under User Interface, it lists "Multi Finger Touch." x x x x x x x x x x x Submitted Under Seal; Highly Confidential; Outside Counsel Eyes' Only EXHIBIT 25-S Apple Inc. v. Samsung Electronics Co., LTD., et al. Demand for Utility Patents # Title of Document Bates Beg - End Page in Document Party Relevant Patent or Feature Patent '381 '915 '163 '607 Comments on Utility 40 Behold3 Usability Evaluation Results, 5/10/10 (Translated) [Chung Exhibit B] SAMNDCA00508318 - 8411 SAMNDCA00508344, and '8383 Samsung Bounce Effect/Scroll or Gesture On the Behold3, "unintentional unlocking is possible because the sliding action works on any part of the screen." The document also notes that when "a web page is dragged to the bottom edge or the sides, no effects are provided and the overall feel is plain." x 41 Email from Jaegwan Shin to Ioi Lam et al., RE" "[P1 Browser] Request for Implementation of Additional Effects", 10/6/10 (Translated) SAMDCA00525347 - 5349 SANDCA00525347 Samsung Bounce Effect Samsung HQ requested for the implementation of the Bounce effect: "HQ is asking us to make it for P1 project…. 3. There is no bounce effect in Browser screen." x 42 Email from Sangwook Han of Nemustech to Seungyun Lee of Samsung RE "[List Bouncing] Questions regarding bouncing", 10/28/10 (Translated) SAMNDCA10850604 - 0607 SAMNDCA10850604 Samsung Bounce Effect "With regards to bounce, we used Mass Spring Damper model which followed the actual physical effect and obtained the bounce effect that is similar to iPad. " x 43 Email from Sangwook Han of Nemustech to Seungyun Lee of Samsung RE: "[Tiffany Effect] P1 Application Case / Additional Review Items Inquiry", 7/21/10 (Translated) SAMNDCA10850822 - 0824 SAMNDCA10850822 Samsung Bounce Effect "There is a request to insert Bouncing in GridView." x x x x 44 45 46 Email from Jaegwan Shin to Arum Kumar et al., RE: "P4 Browser Touch performance problems", 5/7/11 Email from Jaegwan Shin to Ioi Lam et al., RE: "[San Jose] Request for update of P5/P4 zoom/scroll progress", 4/19/11 (Translated) GT-P7500/P7510_Browser_Touch Performance Test (Translated) SAMNDCA00201351 - 1356 SAMNDCA00201351 - 1523 Samsung Scroll or Gesture/Zoom and Refocus/Multi-touch HQ reported problems regarding: "2. Scroll not respond…. 3. Touch performance fail.. 1) Pinch zoom in: focus time slow than iPad 2; 2) Double Tap: zoomout time is slow than iPad 2. 4. While Scroll/DoubleTap, checkboarder is showing too much vs iPad 2." SAMNDCA00229399 - 9409, SAMNDCA00229410 SAMNDCA00229399, and '9410 Samsung Scroll or Gesture/Zoom and Refocus/Multi-touch Performance test results after applying patch for scroll/zoom on P5 benchmarked against various models of the iPad. x x x SAMNDCA00229410 - 9415 SAMNDCA00229410 Samsung Scroll or Gesture/Zoom and Refocus/Multi-touch Browser Touch Performance Test of P7510 benchmarked against various models of the iPad. x x x Samsung Scroll or Gesture/Zoom and Refocus/Multi-touch "Here is some test result from HW regarding zoom/scroll. As we has been asked, HQ wants us to improve initial response for zoom especially." Email then lists results for Pinch Zoom, Scroll, and DoubleTap between the i9100, Optimus 2x, and iPhone4. x x x Samsung Scroll or Gesture/Zoom and Refocus/Multi-touch HQ requested for various performance improvements regarding the zoom in and scrolling feature. x x x 47 Email chain between Ioi Lam and Jaegwan Shin, RE: "U1 browser scrolling patch", 3/3/11 SAMNDCA00229440 - 9448 (chart shown more clearly on SAMNDCA00229449 - 9451) SAMNDCA00229440 - 9442 (chart shown more clearly on SAMNDCA00229449 9451) 48 Email chain between Jaegwan Shin and Ioi Lam et al., RE: "[San Jose - Urgent] [U1] zoom/scroll performance", 3/20/11 (Translated) SAMNDCA00229396 - 9397 SAMNDCA00229396 49 50 51 x i900 Improvement Points SAMNDCA10042955 - 2984 SAMNDCA10042979 and '2981 European Telecommunication Operation P5 vs. iPad 2, 5/18/11 Acme, July 2008 S-ITC-010617659 - 7694 SAMNDCA10275576 - 5646 Samsung Scroll or Gesture S-ITC-010617661 and '7691 Samsung Scroll or Gesture SAMNDCA10275618 Samsung Scroll or Gesture On the SMS-manager and Contact list overview, it is noted "scrolling up/down by vertical finger dragging (just like it is realized on iPhone)." The P5 "touch respond is slow, especially, if you scroll fast, it follows the fingers with delay." "…the up and down scrolling action is seen as fun…." x x x "The most preferred method is "Double-Tap" Zooming… Simplicity is the primary reason of the choice." "The least preferred methods were split between u960 Browser and TouchWiz designs." "Too many steps...""dislike of long press, perception of reliability issues and complicated interactions were reasons given...." "Suggestions - Adopt Double-Tap as a supplementary zooming method... the UX of iPhone can be used as a design benchmark. Apply double-tap method consistently in other applications supporting zoom....." 52 Browser Zooming Methods UX Exploration Study, 4/17/09 SAMNDCA11104115 - 4139 SAMNDCA11104133, '4134, '4138 Samsung Zoom and Refocus 53 Touch Devices Browser User Experience Comparison, November 2008 SAMNDCA11082242 - 2299 SAMNDCA11082273 Samsung Multi-touch 54 Apple iPad (untranslated document), 1/28/10 SAMNDCA10806707 - 6720 SAMNDCA10806713 Samsung Scroll or Gesture/Zoom and Refocus/Multi-touch Document compares the Browser functionality across several different phones. "Rendering is among the most accurate among all browsers with dynamic magnification and reduction with multi-touch." Diagrams showing the iPad with Panning, Pinching and Double Tap features. 55 Email from Seung Yun Lee to Meeso Kim et al., RE: "Today's Conference Call - Action Items", 10/12/10 SAMNDCA00533366 - 3373 SAMNDCA00533366 Samsung Bounce Effect "List Bouncing effect is applied to all the applications." Prepared by Invotex Group Page 3 of 4 x x x x x x Submitted Under Seal; Highly Confidential; Outside Counsel Eyes' Only EXHIBIT 25-S Apple Inc. v. Samsung Electronics Co., LTD., et al. Demand for Utility Patents # Title of Document Bates Beg - End Page in Document Party Relevant Patent or Feature 56 Touch Devices Browser User Experience Best Practices, STA UX, 2/13/09 SAMNDCA10166661 - 6742 SAMNDCA1016698, '6708, '6721 Samsung Scroll or Gesture/Zoom and Refocus/Multi-touch 57 3G iPhone Counter Plan, 6/14/08 SAMNDCA00251457 - 1505 SAMNDCA00251472, '1473, '1503 Samsung Multi-touch 58 iPhone 3G UX Analysis, 7/12/08 SAMNDCA00251538 – 1565 SAMNDCA00251545 Samsung Scroll or Gesture 59 Email chain between Jee Won Lee and others, RE Q1] Email Body, 8/17/11 SAMNDCA10524415 - 4420 SAMNDCA10524416 Samsung Gesture McKinsey Report - Winning in smartphones: It's now or never SAMNDCA10807316 (Hong Exhibit 2152) SAMNDCA10807332, and '7358 Supplement Samsung Scroll or Gesture/Zoom and Refocus 60 Patent '381 '915 '163 '607 Comments on Utility "Touch screen is very responsive and accurate." "Multi-touch user interface is a competitive advantage for finger touch interaction design." "There is no widget needed to zoom in and out - users interact with screen objects directly." "Scrollbars appear when scrolling but will time out quickly after." x In a product competitive chart, "What is inferior? Less sophisticated User Interface.. No multi-touch UI." Instinct Action Item, "Touchwiz UI." Product competitive analysis for the OMNIA also includes "no multitouch UI." Shows screenshots of the iPhone "sweep horizontally and delete email." x x x x “The tablet team will check with the development team to see if the technology identical to that of the iPad (lining-up within the screen without scrolling left-to-right in test view/ fit to screen in the image web view) to email that is fit to screen.” x 7332: Above chart showing consumer rating of user interface: "Samsung is weak in user interface compared to key competitors, and this is affecting the user experience of smartphone features. . . . E.g., interacting with the browser: 'The way the zoom on web pages and ability to scroll around is very bad and hard to do on this phone.'. . . E.g., the UI decisions made in the browser design: 'the resizing of web pages is poor.'" x x x x '7358: "Strategic plays for Samsung . . . Match the iPhone UI within the next 12 months. Build Samsung brand credibility in smartphone around user experiences." Gravity Tank: Touch Portfolio: Rollout Strategy Recommendation Based on Consumer Insight SAMNDCA00191811 (Sohn Exhibit 1654) SAMNDCA00191846, '1907, and '1928 Samsung Scroll or Gesture/Zoom and Refocus/Multitouch/Bounce Effect 61 1846: "The iPhone isn't just easy to use, 'it's sexy to use' - Fun: Gestures like the two fingered pinch and flick add a game-like quality to interactions . . . "With the multi-touch function you can zoom in and zoom out and move photos, and that's great" Whimsical: Lists bounce, icons flitter - the iPhone has a sense of whimsy that shows a thoughtful character in the interface "You play with it because it's simply fun to handle" - Dramatic . . . "It's sexy to use." x x '1907, '1928: "Accuracy is the most important factor in a touch screen phone across segments." "A highly responsive, compelling UI is critical to delivering promise of touch Addressing input deficiency is key user pain point." 62 Palm Pre, Apple iPhone, HTC Magic US: UI Weakness/Strength Report - August 5, 2009 - R&D Management Group SAMNDCA00391937 - 1960 SAMNDCA00391958 Samsung Prepared by Invotex Group Page 4 of 4 Multi-touch/Gesture Under Apple iPhone 3GS, Multi touch, Multi-touch "enhances usability of Application with Multi-touch support. Allows to operate instruments, 2-person game play, etc. with use of Multi-touch. Samsung - we use one finger zoom." x x Submitted Under Seal; Highly Confidential; Outside Counsel Eyes' Only

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