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

Filing 1379

Unredacted Exhibits to Gray and Van Dam Decs ISO Samsung's MSJ 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, (Dkt. Nos. 931, 937 (Attachments: # 1 Exhibit 7 to Gray, # 2 Exhibit 8 to Gray, # 3 Exhibit 9 to Gray, # 4 Exhibit 10 to Gray, # 5 Exhibit 11 to Gray, # 6 Exhibit 12 to Gray, # 7 Exhibit 13 to Gray, # 8 Exhibit 14 to Gray, # 9 Exhibit 15 to Gray, # 10 Exhibit 2 to Van Dam)(Maroulis, Victoria) (Filed on 7/26/2012) Modified text on 7/27/2012 (dhm, COURT STAFF).

EXHIBIT 8
FILED UNDER SEAL

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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,

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Defendants.
_____________________________/

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C O N F I D E N T I A L
A T T O R N E Y S' E Y E S O N L Y

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VIDEOTAPED DEPOSITION OF SCOTT HERZ
REDWOOD SHORES, CALIFORNIA
FRIDAY, OCTOBER 14, 2011

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BY: ANDREA M. IGNACIO HOWARD, CSR, RPR, CCRR, CLR
CSR LICENSE NO. 9830
JOB NO. 42678
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using the word "call" to mean, you know, some kind of

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function or method, it's code having to do with a

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gesture.

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MR. BRIGGS:

MR. OLSON:

THE WITNESS:

MR. BRIGGS:

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Q.

So as you sit here, you

don't have a real precise definition of gesture call?

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So I don't know what it -- it

could do a lot of things.

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Objection; incomplete

hypothetical; calls for a legal opinion.

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And is it -- is it code that

causes the gesture operation to occur?

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Q.

MR. OLSON:

Objection; calls for a legal

opinion.
THE WITNESS:

So certainly not with respect

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to specific text; but then also, a gesture could be

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any number of things.

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specific one.

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MR. BRIGGS:

So I'm not thinking of a

Q.

I mean, are there any -- is

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there any kind of definition you can give for a

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gesture call?

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MR. OLSON:

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THE WITNESS:

Same objections.
I would just repeat, I think,

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what I said before, which is it's, you know, again,

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not related to -- to any particular language, but a --

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some code that does something, some gesture, as a
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result of calling it.

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MR. BRIGGS:
states:

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"Based on invoking the scroll or gesture
operation."

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Q

My question is:

What is -- what is invoking

a scroll operation?

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This claim limitation also

MR. OLSON:

Objection; calls for a legal --

legal opinion; lack of foundation.

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THE WITNESS:

So I don't -- I don't know with

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respect to that particular limitation that -- that

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you're mentioning.

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asking sort of, like, what does the word "invoke" --

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MR. BRIGGS:

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THE WITNESS:

But if it's -- if it -- you're

That's right.
I mean -- so again, not having

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to do with this particular language, an example of

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invoking something would be, you know, making a method

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call, making a function call, causing that code to

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run.

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MR. BRIGGS:

Q.

So invoking has a notion of

causing something to happen?
MR. OLSON:

Objection; misstates the

testimony.
THE WITNESS:

So in the example I gave,

invoking could mean, yeah, causing something to
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happen.

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MR. BRIGGS:

Could it mean causing an

event handler to run?

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Q.

MR. OLSON:

Objection; vague; incomplete

hypothetical.

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THE WITNESS:

So I think it depends on, you

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know, what is meant by an "event handler."

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invoking, it's just -- it's like I mentioned earlier;

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right?

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If it's a function, it's -- a function can be

invoked.

A method could be invoked.

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I mean,

MR. BRIGGS:

Q.

So an event handler could be

invoked?
MR. OLSON:

Objection; misstates the

testimony.
THE WITNESS:

So if -- if a -- if an event

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handler was a -- considered to be a method, and I

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don't know that it is or isn't, it could be invoked.

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MR. BRIGGS:

Q.

gesture operation mean --

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MR. OLSON:

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MR. BRIGGS:

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MR. OLSON:

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And what does invoking a

Objection -Q.

-- to you?

-- objection; calls for a legal

conclusion; lack of foundation.
THE WITNESS:

So I don't know with respect to

this particular text what it means.
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mentioned before, if it's -- if there's some code that

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has to do with a gesture and you're invoking it, it

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means, you know, you're causing that code to run.

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MR. BRIGGS:
Q

Okay.

So I'm going to move on to the next

limitation in Claim 1, and it states:

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"Responding to at least one scroll call, if

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issued, by scrolling a window having a view associated

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with event object based on an amount of a scroll with

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the scroll stopped at a predetermined position in

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relation to the user input."

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Do you see that?

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A

Uh-huh.

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Q

Do you understand that?

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MR. OLSON:

Objection; calls for a legal

conclusion.

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THE WITNESS:

So, I mean, I wouldn't want to

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speculate as to what it means since I'm not a -- not a

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lawyer.

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MR. BRIGGS:

Q.

Do you have a nonlegal view

of what that might mean?

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MR. OLSON:

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THE WITNESS:

Same objections.
I could -- I mean, I could

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think of an example or something -- of something that

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might do something like that.
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