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

Filing 1382

Unredacted Exhibits to Arnold Declaration 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, 944, 945) (Attachments: # 1 Exhibit 20 to Arnold, # 2 Exhibit 23 to Arnold, # 3 Exhibit 31 to Arnold, # 4 Exhibit 36 to Arnold, # 5 Exhibit 38 to Arnold, # 6 Exhibit 39 to Arnold, # 7 Exhibit 40 to Arnold, # 8 Exhibit 41 to Arnold, # 9 Exhibit 42 to Arnold, # 10 Exhibit 43 to Arnold, # 11 Exhibit 44 to Arnold)(Maroulis, Victoria) (Filed on 7/26/2012) Modified text on 7/27/2012 (dhm, COURT STAFF).

EXHIBIT 18

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Confidential - Peter W. Bressler
UNITED STATES INTERNATIONAL TRADE COMMISSION

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WASHINGTON, D.C.

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In the Matter of

)

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CERTAIN ELECTRONIC DIGITAL

)

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MEDIA DEVICES AND COMPONENTS)

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No. 337-TA-796

THEREOF

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CONFIDENTIAL

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VIDEOTAPE DEPOSITION OF

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PETER W. BRESSLER

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Washington, D.C.

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Monday, April 23, 2012

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Reported by:

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SUSAN ASHE, RMR/CRR

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Job No.:

48795
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Confidential - Peter W. Bressler
those products have been handheld.

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It seems to me that all of those issues

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plus some indirect experience with cell phone design

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and tablet design qualifies me to be an expert in

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the design of articles of manufacture that may be

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represented in these patents.

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9

Q

What is it about your experience in tablet

design, computer tablet design and other electronic

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device design in particular that believes -- that

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you believe makes you an expert on designs for

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smartphones?

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MR. BARQUIST:

Objection; asked and

answered.

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A

I think the details of my credentials are

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in my report.

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like.

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19

Q

I can review them with you if you'd

I think we may not be on the same page.

I'm trying to find out something different.

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What is it about the experience that you

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have with tablet design and other electronic device

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design that you believe is relevant to smartphone

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design?

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MR. BARQUIST:

Objection; asked and

answered.
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Confidential - Peter W. Bressler
Q

In other words, how are those related in

your view?
A

I believe a smartphone is one of a number

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of electronic products that people relate to and

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that they hold and they use and they have

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interaction with.

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kinds of products that I've designed over the years.

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Q

That is not dissimilar from many

Well, is there a kind of commonality, as

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you understand it, between tablet computer design,

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just to cite an example, and smartphone design?

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MR. BARQUIST:

Objection; vague and

ambiguous.
A

Perhaps the best answer aside from the

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credentials that I quoted in my report is to say

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that the knowledge of design is not unlike knowledge

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of the law or knowledge of medicine, is that when

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you practice it long enough, you have experience

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that's applicable to a broad number of devices.

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Q

Is your experience in tablet design that

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you talked about earlier today something that in

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your view is something that is relevant to and

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something that you're relying upon in being an

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expert on smartphone design?

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MR. BARQUIST:

Objection; asked and

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Confidential - Peter W. Bressler
answered.

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A

I do think I answered that.

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Q

And the answer is yes?

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A

I think it's one of the elements included

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in my experience.

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Q

I'm trying to maybe find out something

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that's very simple.

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you relying upon your experience in tablet design

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Please tell me yes or no, are

for your opinions on smartphone design?

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A

Not exclusively.

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Q

Well, I understand.

But that's -- but you

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are, as part of your opinion, you're relying on

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that?

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A

That is one of the experiences that I'm

relying upon.

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Q

And is there anything about the experience

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in designing a tablet that you talked about that you

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would say specifically is the most pertinent or the

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most relevant in terms of smartphone design?

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MR. BARQUIST:
ambiguous.

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Objection; vague and

A

I don't know that I could speculate on

that.
Q

Well, I'm asking from your perspective.
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Confidential - Peter W. Bressler

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MR. BARQUIST:

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answered.
A

I understand that.

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10
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I'm not sure that I

can answer it.
Q

Why is that?

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8

Objection; asked and

MR. BARQUIST:

Objection; argumentative,

vague and ambiguous.
A

Sitting here, off the top of my head, I

don't have an answer to your question.
Q

Well, can you explain to us from the

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industrial design perspective why you think your

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experience in tablet computer design is relevant,

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among many other things, I understand, but it's

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relevant to smartphone design?

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MR. BARQUIST:

Objection; asked and

answered.
A

It's relevant in that it includes

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experience in the design of electronic devices that

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have displays and that are transportable.

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Q

Do you consider tablet, computer tablet

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design to be related in some way to smartphone

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design?

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MR. BARQUIST:

Objection; vague and

ambiguous.
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Confidential - Peter W. Bressler

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A

Not directly.

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Q

Indirectly?

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5

MR. BARQUIST:

Objection; vague and

ambiguous.

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A

In the broad sense of design knowledge,

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Q

Any other way?

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A

Not that I can think of at the moment, but

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10
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yes.

I may...
Q

Well, do you consider your experience in

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tablet design to be the closest experience that

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you've had?

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relationship to other kinds of projects you've

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worked on as being the closest to smartphone design?

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I'm talking about in terms of

MR. BARQUIST:

Objection; vague and

ambiguous.
A

No, I believe my experience in cell phone

design was closer and more directly applicable.

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Q

And why is that?

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A

Because it dealt with displays and

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interfaces that you held in one hand.
Q

Well, when you were doing your cell phone

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design, did you draw on your experience in tablet

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design in any way?
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A

I honestly don't recall.

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Q

Well, would you consider the field of

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tablet computer design to be related to the field of

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smartphone design?

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7

MR. BARQUIST:

Objection; asked and

answered, vague and ambiguous.

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A

Yes.

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Q

Do industrial designers, to your

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knowledge, draw upon tablet computer designs to

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inform them about smartphone designs?

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MR. BARQUIST:

Objection; lacks

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foundation.

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A

I wouldn't know about other designers.

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Q

You don't know one way or another?

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A

I have no opinion on that.

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Q

Well, let me ask specifically with respect

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to the Apple designers, did the Apple designers who

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worked on the iPhone designs draw on their tablet

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computer design experience?

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A

I don't know.

22

Q

Did you ask?

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A

I did not specifically ask.

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Q

Do you know what the relationship is

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between the tablet computer designs that Apple did
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Confidential - Peter W. Bressler

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in connection with the '889 design patent and the

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iPhone?

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A

No, I do not.

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Q

All right.

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inventors were the same?

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8

Did you notice that the

MR. BARQUIST:

Objection; vague and

ambiguous, lacks foundation.

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A

I did not.

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Q

You didn't notice that the same --

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A

I noticed that several of them were the

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13

same, yes.
Q

I didn't examine it that closely.
In your view, was there anything new or

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original about using the color black for the front

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surface of a electronic device design?

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A

When?

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Q

At any time prior to 2006.

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MR. BARQUIST:

Objection; incomplete

hypothetical.

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A

Can you repeat the question?

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Q

Sure.

Prior to 2006, in your view, was

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there anything new or original about using the color

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black for the front surface of an electronic device

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design?

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MR. BARQUIST:

Same objection.

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