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 9
FILED UNDER SEAL

Confidential Attorneys' Eyes Only

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
APPLE INC., a California
corporation,

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Plaintiff,
vs.
Case 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.
---------------------------------/

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CONFIDENTIAL
ATTORNEYS' EYES ONLY
OUTSIDE COUNSEL
VIDEOTAPED DEPOSITION OF ANDREW PLATZER
Redwood Shores, California
Tuesday, October 18, 2011

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Reported by:
LORRIE L. MARCHANT, CSR No. 10523, RPR, CRR, CCRR,
CLR
JOB NO. 42881

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"gesture" informally, it can include a single touch at

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this time.

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BY MR. BRIGGS:
Q.

Do you have any definition of "gesture"

outside of UIKit?

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A.

I don't quite understand.

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Q.

Well, if you were going to give a

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definition of what a "gesture" is outside of UIKit

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and away from this patent, what would your

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definition be?
A.

Whatever is in the dictionary.

I -- I

don't understand.
Q.

You don't have a definition for "gesture"

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as it would be used by one of skill in the art of

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touchscreens?

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MR. OLSON:

Objection.

Calls for a legal

conclusion.

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THE WITNESS:

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understand.

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Is this -- I don't

in general?

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BY MR. BRIGGS:
Q.

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Is this referring to the patent or just

Just in general.
As a computer scientist that works on

touchscreens, how would you define "gesture"?
A.

As a computer scientist, I don't know of
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any official definition of "gesture," and so all I

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can do is give you an example of what UIKit

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considers a gesture, which includes multiple touches

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or sometimes single -- you know, again, informally

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we call it a "gesture."

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touches.

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Q.

Okay.

That includes single

Turning back to the claim, the claim

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states, Determining whether the event object invokes

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a scroll or gesture operation.

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And my question is what does it mean to invoke
a scroll or gesture operation?

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MR. OLSON:
conclusion.

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Objection.

Calls for a legal

Lack of foundation.

THE WITNESS:

I'm not a lawyer, so I'm not

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comfortable in defining "invoke" as far as the

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patent is concerned.

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But in UIKit, as well as what we would say

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"invoke" would mean, call a particular function or a set

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of code that, you know, is executed when the user

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scrolls or does a gesture.

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BY MR. BRIGGS:
Q.

And at the time you filed this patent

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application in 2007, did you have an understanding

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of what "invoke" meant as you used it here in the

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claims?
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A.

I'm not a -- a lawyer, so I'm not

comfortable defining "invoke" in the patent.

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But as an example, in Objective-C or in many

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other languages, "invoke" is often used as a synonym for

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calling a function.

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Q.

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I've got that answer, but I had a

different question.

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Okay.

At the time you filed the '915 patent
application in 2007, did you have an understanding of
what "invoke" meant as you used it in Claim 1?

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MR. OLSON:

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THE WITNESS:

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BY MR. BRIGGS:

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Q.

Objection.

Asked and answered.

I don't recall.

Now, still focusing on this claim

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limitation here, what does it mean, "to distinguish

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between a single input point that is interpreted as

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a scroll operation and two or more input points that

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are interpreted as a gesture operation"?

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MR. OLSON:
conclusion.

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Objection.

Calls for a legal

Lack of foundation.

THE WITNESS:

I'm not a lawyer, so I'm not

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comfortable with defining the word "interpreted"

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here.

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But as an example, in UIKit, the event object
will contain the number of touches, number of fingers
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down, and based on code, the code would choose a

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particular set of instructions to execute based on the

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value of the number of touches.

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BY MR. BRIGGS:
Q.

Would the UIKit code distinguish between a

single input point and -- well, strike that.

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Would the UIKit code always interpret a single
input point as a scroll operation?

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MR. OLSON:

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THE WITNESS:

Vague as to time.

I don't understand.

Could

you be more specific of the time?

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Objection.

BY MR. BRIGGS:
Q.

Let's start in 2005.

Would the UIKit code

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always identify a single input point as a scroll

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operation?

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A.

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question.

I don't understand.

Q.

That's a very broad

UIKit is a larger -- large framework.
Well, I'm not sure why you don't understand

that question.

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Is it because you don't know how all the code

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works in UIKit, or is there something else wrong with

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the question?

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A.

Yes.

So with regards to the UIKit, I

cannot speak for all of the code in UIKit.
Q.

What about the code that you know of in
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