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

Filing 1381

Unredacted Declaration of Brett Arnold 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. 930, 943) (Attachments: # 1 Exhibit 1 to Arnold, # 2 Exhibit 2 to Arnold, # 3 Exhibit 3 to Arnold, # 4 Exhibit 5 to Arnold, # 5 Exhibit 10 to Arnold, # 6 Exhibit 11 to Arnold, # 7 Exhibit 12 to Arnold, # 8 Exhibit 15 to Arnold)(Maroulis, Victoria) (Filed on 7/26/2012) Modified text on 7/27/2012 (dhm, COURT STAFF).

EXHIBIT 1

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
--o0o-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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VIDEOTAPED DEPOSITION OF COOPER WOODRING
Redwood Shores, California
Friday, August 5, 2011
(HIGHLY CONFIDENTIAL ATTORNEYS' EYES
ONLY PORTIONS BOUND SEPARATELY)

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Reported By:

CAROL S. NYGARD, CSR No. 4018
Registered Merit Reporter

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at all with your reliance upon market research from the

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1986 and earlier time period from J.C. Penney in order

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to reach your opinions in this case in lieu of any

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market research undertaken in the course of the last

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decade concerning smartphones and tablet computers;

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right?

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MR. MONACH:

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THE WITNESS:

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Object to form.
No, I don't find it unusual at

all in that all of this -- the whole consumer research

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issue that we're discussing is all targeted toward what

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a hypothetical ordinary observer might think.

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So in that context I don't --

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No, I don't think the it's unusual at all.

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I think it's probably highly reliable.

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MR. ZELLER:

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Let's please mark as Exhibit 67 a

one-page document consisting of a design.

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(Exhibit 67 was marked for Identification.)

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MR. ZELLER:

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the top part, the speaker hole.

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BY MR. ZELLER:

Just so you know -- yeah, this is

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Q.

Do you know what Exhibit 67 depicts?

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A.

I could surmise it's a smartphone.

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Q.

In your view is the design that's depicted

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here on Exhibit 67 substantially the same as the design

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that's depicted in Exhibit 6, which is the 087 design
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patent?

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MR. MONACH:

Object to the form of the

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question.

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for a legal conclusion without providing the required

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information or adequate time.

Vague, and incomplete hypothetical.

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But the witness can respond.

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THE WITNESS:

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Calling

Did I think it was what?

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Ask the question again.

BY MR. ZELLER:
Q.

Do you believe that the design that's

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reflected here on Exhibit 67 is substantially the same

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from the perspective of the ordinary observer or

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purchaser as the design that's depicted in the 087

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design patent which is Exhibit 6?

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MR. MONACH:

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THE WITNESS:

Same objection.
Yes, it certainly is --

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substantially the same in the eyes of the ordinary

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observer of at least one embodiment of the 087.

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BY MR. ZELLER:

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Q.

And you would agree that it is also

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substantially the same from the perspective of the

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ordinary purchaser or observer as the design that's

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depicted in Exhibit 7, which is the 677 design patent;

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correct?

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MR. MONACH:

Same objection.

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THE WITNESS:

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I -- I can't answer that question

Probably.

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definitively, because the 677 claims the front surface

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of an electronic device that is black, and the Exhibit

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67 that you've shown me, there's no indication that the

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front surface is black.

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BY MR. ZELLER:

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Q.

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Well, let me rephrase it then.
Directing your attention to the design that's

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reflected here in Exhibit 67, setting aside the color

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limitation that's set forth in the 677 design patent, do

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you believe that the ordinary observer or purchaser

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would consider the overall design, again, saying aside

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the color, of the design in Exhibit 67 to be

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substantially the same as the design depicted in the 677

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design patent?

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MR. MONACH:

Object to the form of the

question.

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Object for the reasons previously stated.

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THE WITNESS:

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substantially the same.

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Yeah, they're -- they're

BY MR. ZELLER:

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Q.

And specifically the -- the design that's

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reflected here in Exhibit 67, you'll agree, has a -- has

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a speaker slot that's smaller and more near the top than
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MR. ZELLER:
objection.

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No, you can have a standing

MR. MONACH:

I'll say "objection," but it

includes all the elements previously stated.

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MR. ZELLER:

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MR. MONACH:

Okay.

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MR. ZELLER:

I'll absolutely agree that you

Understood.

I appreciate that.

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have a standing objection, as well that that's an

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appropriate shorthand.

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MR. MONACH:

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THE WITNESS:

Okay.
If we assume that what I had

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previously characterized in my declaration -- I called

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them the "major design elements" that are listed on the

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top of page 5, the A, B, C, D, if those major design

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elements that conspicuously depart from the prior art

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are considered not limited to those, but considered and

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in combination, no, the -- the movement of that little

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slot quarter of an inch one way or another is not -- not

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going to make it a different design.

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BY MR. ZELLER:

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Q.

Let me -In fact, maybe we can -- do this a little bit

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more efficiently then by relying on your declaration.

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Directing your attention to paragraph 16 of

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your declaration, as you mention -- you lay out what you
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consider to be the four major design elements of the 677

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design patent; right?

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A.

Right.

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Q.

And in your view all the elements that are

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listed there in that paragraph under A through D are

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present in the 6 -- in the design that we've marked as

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Exhibit 67?

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A.

I can't tell if this is black, for example.

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Q.

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Well, you've already testified we can't tell.

Well, okay.
Then setting aside the black portion of it, do

you agree that all the other --

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A.

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Q.

Well --- what you call "major design elements" that

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listed here in A through D are present in the design we

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marked as Exhibit 67?

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MR. MONACH:

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Objection.

Lack of foundation.

Vague.

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Incomplete hypothetical in light of the

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witness' prior testimony that he can't tell what this

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is.

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Go ahead.

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THE WITNESS:

I -- it's an analysis I haven't

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made previously, so let me attempt to answer your

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question, and it appears -TSG Reporting - Worldwide

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Although, again, I can't tell if it's flat, I

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can't tell if it's clear, I can't tell if it's

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black-colored.

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I can tell that it's a rectangular front
surface with four evenly rounded corners.

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I can't tell if it has an inset rectangular
display screen.

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I can tell if it's centered on the front

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surface, and that it leaves very narrow borders on

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either side of the display screen and substantial

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borders above and below the display screen.

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I can tell that it has a rounded horizontal

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speaker slot centered on the front surface above the

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display screen, and I can tell that where the

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rectangular front surface is otherwise substantially

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free of ornamentation outside of an optional button area

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centrally below the display.

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So, if it has most of those major visual

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characteristics, excusing the ones that we can't make a

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determination about, then I would have to conclude that

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it's substantially the same in the eyes of the ordinary

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observer.

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BY MR. ZELLER:

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Q.

And just to make sure I heard everything that

you said here, the -- you agree that the major design
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elements that you list in paragraph 16 in A through D

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are all present in the design that we marked as Exhibit

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67 except for the part where it says a flat clear black

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color, those elements you're not sure about, but the

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rest of them you do see there?

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A.

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No.

I didn't say that.

MR. MONACH:

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Mischaracterizes

prior testimony.

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Objection.

BY MR. ZELLER:

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Q.

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What are the other ones you can't tell then?
That's why I want to make sure I heard you

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correctly.

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A.

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Apparently you didn't.
In B it's impossible to tell from this that it

has an inset rectangular display screen.
Q.

So you don't know whether it's inset or not,

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you can see it's a rectangular display screen that's

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centered on the front surface?

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A.

It could be protruding.

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Q.

So --

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But the rest of it you do agree is present in

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the design that's Exhibit 67 except for the inset part

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in B?

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A.

Yes.

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Q.

So, again, just -TSG Reporting - Worldwide

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A.

I don't know if I need a copy or not because I

don't know what you're going to ask.

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MR. MONACH:

Well, why don't you give it to

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him so he doesn't have to try to find it in a binder

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with exhibits.

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MS. BUCHAKJIAN:

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MR. MONACH:

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There you go.

Thank you.

BY MR. ZELLER:
Q.

The 889 design patent, which has been

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previously marked as Exhibit 8, is a design patent that

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you reviewed previously and you offered an opinion about

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in your declaration; correct?

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A.

Yes, that is correct.

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Q.

Directing your attention to Figure 3 of the

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889 design patent, you see that there are those diagonal

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lines on the -- the surface?

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A.

Yes, I see that.

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Q.

What's your understanding of what those

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depict?
A.

Those are described in the MPEP as being

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oblique line shading and that indicates that that

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surface is flat and clear, or at least translucent.

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Q.

And you understand that in the figures in the

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087 design patent anyway, those diagonal lines don't

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appear; right?
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A.

Is that -- that's correct.

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Q.

Which is why, when you were saying earlier

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there's some ambiguity, at least with respect to just

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the drawings, it's because it doesn't have those

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diagonal lines; right?

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A.

That's correct, but the description clarifies

Q.

Now, you recognize that the 889 design patent

it.

was -- was issued as of May 10th, 2005; right?

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A.

Yep.

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Q.

And so you'll certainly agree with me that by

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that time the art taught having a clear continuous

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surface on the front of an electronic device; correct?

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A.

Yes.

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Q.

Whether that was taught some time before that

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you can't be sure, but you certainly know that by this

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time that was something the art had taught; right?

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A.

It was known.

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Q.

Directing your attention to the 889 design

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patent, Exhibit 8, in your view are portions of the

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design that's depicted here significant to the ordinary

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observer or purchaser?

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MR. MONACH:

Objection.

Vague.

Incomplete

hypothetical.
THE WITNESS:

Well, when you say "are they

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important," I -- you know, it begs the question,

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compared to what?

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I would say that they're reasonably important,

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yes.

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BY MR. ZELLER:

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Q.

And would you agree that the proportions of

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the designs that are depicted in the other two design

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patents, the 087 design patent and the 677 design

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patent, are important from the perspective of the

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ordinary observer or purchaser?

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MR. MONACH:

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Vague.

Incomplete

hypothetical.

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Objection.

THE WITNESS: Yeah, reasonably so.
BY MR. ZELLER:
Q.

You describe one feature of the 889 design --

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design patent as -- that it -- it's -- has a thin

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profile; right?

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A.

but I -- you can substitute "profile."

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Well, I called it a thin -- thin form factor,

That's fine with me.
Q.

Directing your attention to Figures 5 through

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8 of the 889 design patent, you consider that to be

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thin?

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A.

Yes, I do.

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Q.

Do you consider the profile depicted here in
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