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 44

Highly Confidential - Attorneys' Eyes Only

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UNITED STATES DISTRICT COURT

2

NORTHERN DISTRICT OF CALIFORNIA

3

SAN JOSE DIVISION

4
5

APPLE INC., a California

)

6

Corporation,

)

7

Plaintiff,

)

8

vs.

) No. 11-CV-01846-LHK

9

SAMSUNG ELECTRONICS CO., LTD,

)

10

a Korean business entity;

)

11

SAMSUNG ELECTRONICS AMERICA,

)

12

INC., a New York corporation;

)

13

SAMSUNG TELECOMMUNICATIONS

)

14

AMERICA, LLC, a Delaware

)

15

limited liability company,

)

16

Defendants.

17

)
)

18
19
20

HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
VIDEOTAPED DEPOSITION OF EUGENE WHANG

21

THURSDAY, OCTOBER 27, 2011

22
23
24

REPORTED BY:

25

JANIS JENNINGS, CSR 3942, CLR, CCRR
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exactly if that -- if this button only just took the

2

user back home; but, for instance now, you know, the

3

home button activates CRE or you can -- you know, if

4

you double click it, it will activate iTunes.

5

has a lot of other functions as well, but I don't

6

recall when those other functions were mapped onto

7

the home button as well.

8

BY MS. NEILL:

9

Q.

It

So looking now at the large rectangular

10

feature that's indicated with dashed lines on this

11

drawing on the front here, which may be referred to

12

as a "screen," what is the function of that?

13

MR. HUNG:

14

Calls for a legal conclusion.

15

Objection.

THE WITNESS:

Assumes facts.

Are you talking about this

16

dashed line here (indicating)?

17

BY MS. NEILL:

18

Q.

Yes.

19

A.

I mean, again, I'm not an expert at

20

reading patent drawings, but to me as a designer

21

this would indicate where the active area of a

22

screen would be.

23

Q.

And you'll notice that the device appears

24

to have four rounded corners.

25

MR. HUNG:

Objection.

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for itself.

Calls for a legal conclusion.

2

You can answer.

3

THE WITNESS:

Yeah, you can -- I guess you

4

can refer to them as "rounded corners," but we would

5

just kind of refer to this entire thing as its

6

profile.

7

BY MS. NEILL:

8
9
10
11
12

Q.

this device?
A.

Q.

Spline, s-p-l-i-n-e.
Was there any reason -- or strike that.
Is there any reason that the corners are

rounded?

15
16

We could refer to them as "corner

splines."

13
14

So how would you refer to the corners of

MR. HUNG:
conclusion.

17

Objection.

Calls for a legal

Calls for an expert opinion.

THE WITNESS:

I can't recall the specifics

18

of any particular reason, but the rounded corners

19

can serve many purposes.

20

BY MS. NEILL:

21

Q.

Can you name --

22

A.

Or the rounded splines.

23

Q.

Okay.

24
25

Can you name some of the purposes

that the rounded splines might serve?
A.

Yeah.

The corner splines and the size
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that they are can make the product and the shape

2

appear more friendly.

3

rear surface also is somewhat in tune with -- and

4

governed by what those corner splines are.

5

The -- what happens with the

Because the surface on the back and the

6

way it kind of wraps around is highly sensitive to

7

what size those actual like radiuses would be so it

8

affects the rear surface as well.

9

comfortable against the ear or in the hands.

10

also visually more lightweight.

11

It can be more
It's

some of the examples.

12
13
14

Q.

Okay.

Yeah, those are

Can you think of any other specific

reasons?
A.

I mean, we just -- I think we arrived

15

there because we thought it looked good and we felt

16

happy with the appearance.

17

MR. HUNG:

18

water.

19

We're just going to get him

BY MS. NEILL:

20

Q.

You can go ahead.

Erika will get it.

So the next feature I would like to direct

21

your attention to is sort of the oval or elongated,

22

maybe pill-shaped that's above that -- what we were

23

earlier referring to as the screen shape.

24

A.

Okay.

25

Q.

What is that?
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MR. HUNG:

2

legal conclusion.

3

Objection.

Calls for a

Foundation.

4

Calls for an expert opinion.

THE WITNESS:

5

opening.

6

It appears to be a receiver

BY MS. NEILL:

7

Q.

And what kind of receiver?

8

A.

A receiver is just kind of what we call

9

it.

It's, you know, like the opening for you to

10

hear another person's voice or whatever sound may

11

be coming out of there when you're on a phone call.

12
13

Q.

And is there any reason why it's

positioned where it is on the overall device?

14

MR. HUNG:

15

Calls for a legal conclusion.

16

opinion.

17

Objection.

THE WITNESS:

Foundation.
Calls for an expert

We -- you know, we tried it

18

in many positions and this is where we felt that it

19

just seems to look most comfortable.

20

BY MS. NEILL:

21

Q.

And when you were designing this -- or

22

coming up with this design, was there ever any

23

feedback or information that you received from

24

engineers?

25

A.

Just in general with the product in
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Q.

Can you explain what those are.

2

A.

Yep.

The far left one seems to be some

3

kind of power connector.

4

FireWire A, I believe, and beside that is a USB and

5

then an audio jack.

6

Q.

Beside that is a

And was that prototype ever a working

7

prototype, to your knowledge?

8

MR. HUNG:

9

THE WITNESS:

10
11
12

Objection.

Vague.

To my knowledge, no.

BY MS. NEILL:
Q.

And if you could pick up the other one,

please, and do the same, showing it to the camera.

13

Thank you.

14

And are there any ports or inputs on that

15

device?

16

A.

It seems like two.

17

Q.

Okay.

Can you describe them for me,

Yeah.

The top right seems to be a

18
19

please.
A.

20

headphone jack or audio in/out, and on the very

21

bottom is a 30-pin.

22
23

Q.

And to your knowledge, was that a working

prototype that you're holding?

24

MR. HUNG:

25

THE WITNESS:

Objection.

Vague.

To my -- to my knowledge,

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no.

2

BY MS. NEILL:

3

Q.

And do you know if there was ever a

4

working Q79 prototype of -- that reflect either of

5

the designs shown in front of you?

6

A.

7
8
9

I can't recall.
MR. HUNG:

Objection.

Vague.

BY MS. NEILL:
Q.

Do you know when the first working tablet

10

prototype was made?

11

MR. HUNG:

12

THE WITNESS:

13

Foundation.

Vague.

I don't know.

BY MS. NEILL:

14

Q.

Do you have any approximation?

15

A.

No.

16

Q.

Do you know if it was before or after the

17

time that these prototypes were made?

18

MR. HUNG:

19

THE WITNESS:

20
21

Same objections.
I don't recall.

BY MS. NEILL:
Q.

All right.

So what I am going to give you

22

now is United States Design Patent 504,889, which

23

was previously marked as Exhibit 8.

24
25

Take a look at the patent.
A.

Okay.
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Q.

2

Can you please turn to figure 2.
And you'll see there on figure 2 along one

3

edge of the device there seems to be a small, round

4

port.

5
6
7

A.

Yep.

There seems to be a little dotted --

some kind dotted line running around.
Q.

Uh-huh.

Okay.

And then on the other edge

8

of the device that you can see in that same drawing,

9

there appears to be a rectangular type of port.

10

A.

Yes.

11

Q.

Okay.

12

And can you please refer to

figure 6 as well.

13

And I'm sorry.

If you look at the first

14

page of the patent, it indicates that figure 6 is a

15

right-side view.

16

A.

Okay.

17

Q.

And can you see, again, the round feature

18

on figure 6?

19

A.

Yes.

20

Q.

And on figure 8 -- which is a lower side

21

view, according to the first page of the patent --

22

can you see that there is a rectangular feature

23

along that edge?

24

A.

Yes.

25

Q.

Is the design depicted in this patent
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reflected in one of the two devices in front of you?

2

MR. HUNG:

3

Calls for a legal conclusion.

4

opinion.

5

Objection.

THE WITNESS:

Vague.

Foundation.

Calls for an expert

There doesn't seem to be

6

enough information in the drawings to -- for me to

7

say if it's -- if it's representative of one of

8

these.

9

there's -- there's also differences.

10
11

There are some similarities, but, you know,

BY MS. NEILL:
Q.

So the -- let's just take the one that is

12

closest to you, the mockup that is sitting closest

13

to you, the prototype.

14

A.

Okay.

15

Q.

Is that different from the design that is

16

pictured in these drawings?

17

MR. HUNG:

18

THE WITNESS:

19

Vague.

To me, yes, they appear to

be different.

20

Objection.

BY MS. NEILL:

21

Q.

What differences do you notice?

22

A.

Well, in figure 1 and from my view, in the

23

mockup there's a perimeter kind of vent detail.

24

That isn't depicted here, from what I can see.

25

Also, with this drawing, I can't really
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tell what the -- what the surface is -- what the

2

surface quality or the finish or what the material

3

intent is, so I can't -- I can't really point to any

4

other kind of details.

5
6

Q.

If you will take a look for a second at

figure 2, please.

7

A.

Okay.

8

Q.

You will see in figure 2, which is a

9
10

bottom perspective view, that there are a series of
diagonal lines.

11

A.

Yes.

12

Q.

What do those represent?

13

MR. HUNG:

14

THE WITNESS:

15
16
17

Objection.

Foundation.

I don't -- I don't know.

BY MS. NEILL:
Q.

If you please turn to figure 4, which is a

bottom view.

Are those lines present?

18

A.

Of the same lines as in the last figure?

19

Q.

Yes.

20

A.

It doesn't appear -- they don't appear to

21

As in figure 2.

be there.

22

Q.

Do you know why they're not there?

23

A.

No.

24

Q.

And going back to the lines that are in

25

figure 2, do you have under- -- any understanding as
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to what those lines may reflect?

2

A.

No.

3

Q.

In figure 1, do you also see a series of

4

diagonal lines?

5

A.

Yes.

6

Q.

Do you have any understanding as to what

7

those lines may reflect?

8

A.

No, I don't.

9

Q.

In figure 1 again, to bring your attention

10

to that, you can see around the front of the device

11

there appears to be a line, basically the perimeter

12

of the front, that appears to be thicker along

13

the -- the way I'm looking at it, it would be the

14

left edge and the bottom edge.

15

A.

Okay.

16

Q.

Do you see that line?

17

A.

I mean, I see a line that gets -- that

18

starts off around here as one thickness, and then

19

down on the bottom edge, it kind of goes thicker.

20

Q.

Uh-huh.

21

A.

Yep.

22

Q.

Do you think it's possible that that line

23
24
25

depicts the vent?
MR. HUNG:
speculation.

Objection.

Calls for

Calls for a legal conclusion.
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for an expert opinion.

2

THE WITNESS:

To me, when I see this

3

drawing, I -- I don't see the vent detail.

4

BY MS. NEILL:

5
6

Q.

Do you have any understanding at all of

what the thicker line might represent?

7

A.

No, I don't.

8

Q.

And turning to figure 9, this depicts a

9

person holding the device.

10

A.

Okay.

11

Q.

Along the top edge of the device, the

12

farthest away from the person who is holding it, do

13

you see that that edge appears to be wedge-shaped?

14
15

MR. HUNG:

18

The document speaks

for itself.

16
17

Objection.

THE WITNESS:

I don't see that.

BY MS. NEILL:
Q.

Do you see that the -- the top edge

19

appears to taper towards the -- as the person is

20

holding it towards the left edge of the top?

21
22
23

MR. HUNG:

Objection.

The document speaks

for itself.
THE WITNESS:

24

kind of point to --

25

Do you think you can just

BY MS. NEILL:
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2

Q.

So I'm pointing to the top edge away --

farthest away from him --

3

A.

Okay.

4

Q.

-- and that it tapers along this line --

5

A.

Yeah.

6

Q.

-- so that this area appears as a wedge.

7

A.

Right.

8
9
10
11
12

Yeah.

MR. HUNG:
for itself.

Objection.

The document speaks

Assumes facts.

BY MS. NEILL:
Q.

Do you have any understanding of why that

appears to be wedge-shaped?

13

MR. HUNG:

14

THE WITNESS:

Objection.
I don't.

Assumes facts.
To me, it just

15

looks like whoever drew it just got their

16

perspective wrong.

17

BY MS. NEILL:

18

Q.

And also along the front perimeter of the

19

front face of the device, there appears to be a

20

darker line, or heavier line.

21
22
23
24
25

A.

Yeah, there appears to be a slightly

thicker line.
Q.

And do you have any understanding of what

that represents?
A.

No.
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Q.

And just -- if will turn to the first page

2

of this patent, you will see that you are listed as

3

an inventor on this patent.

4

A.

Yes.

5

Q.

And what did you contribute to the design

6
7

depicted in this patent?
A.

Like I said before, just, you know --

8

specifically it's hard to pick out any kind of

9

detail or specific thing.

You know, we all worked

10

on this together, so, you know, we all kind of

11

equally contributed to the design.

12
13

Q.

And do you know when this design was first

conceived of?

14

A.

No, I don't.

15

Q.

Okay.

16

And do you know when it was first

put down in a written form?

17

A.

No.

18

Q.

Did you create any of the figures in this

19

patent?

20

A.

No, I didn't.

21

Q.

Do you know who did?

22

A.

No, I do not.

23

Q.

Did you ever meet with anyone regarding

24
25

whether or not you were an inventor of this patent?
A.

I can't recall.
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