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 38

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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APPLE INC., a California
corporation,

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Plaintiff,

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vs.

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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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Case No. 11-CV-01846-LHK

Defendants.
---------------------------------/

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CONFIDENTIAL ATTORNEYS' EYES ONLY

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VIDEOTAPED DEPOSITION OF DANIELE De IULIIS
Redwood Shores, California
Friday, October 21, 2011

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Reported by:
LORRIE L. MARCHANT, CSR No. 10523, RPR, CRR, CCRR,CLR
JOB NO. 43000

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TSG Reporting 877-702-9580

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Q.

Did you work on the design of this tablet?

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A.

I worked alongside my colleagues in the

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industrial design department as a collective and as

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a team on this.

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6
7
8

Q.

Approximately how many months did you spend

working on this design?
A.

We spent -- I really don't recall.

It's

going back a long time.

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Q.

More than three months?

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A.

Yes.

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I'm guessing.

My best guess would be

yes, more than three months.
Q.

Did you create any sketches relating to the

development of this tablet design?

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A.

I may have.

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Q.

Is it common that you work on a design for

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more than three months and don't create a single

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sketch related to it?

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MR. MONACH:

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Objection.

THE WITNESS:

Vague.

I believe I mentioned to you

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earlier that we tend to go into three dimensions

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very, very quickly.

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That's generally how we work.

BY MS. CARUSO:
Q.

Is it common that you work on a design for

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more than three months and don't create a single

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sketch related to it?

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MR. MONACH:

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THE WITNESS:

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BY MS. CARUSO:

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5

Q.

Objection.

Vague.

It's possible.

Is it your understanding that you didn't

create any sketches relating to tablet design?

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A.

I don't remember.

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Q.

Have you gone back to look through your

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sketchbooks from the 2003 time period to see if

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there were any sketches relating to the tablet

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design?
A.

I don't remember the dates that were asked

for us to look at.
Q.

So I don't remember the dates.

You referred to this -- did you call it an

early prototype of the tablet design?
A.

I don't remember if I called it an early

prototype or a prototype.

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Q.

Do you agree that it's an early prototype?

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A.

I agree that it's a prototype.

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prototype by definition is -- anyway.
Q.

I guess a
I'm sorry.

You've been handed what has been marked as

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Exhibit 8, Lutton Exhibit 8.

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Do you have that in

front of you?

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A.

Yes.

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Q.

Do you -- and that is US Design Patent

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504889 --

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A.

Yes.

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Q.

-- correct?

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4

You're named as an inventor of this design;
is that correct?

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A.

Yes.

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Q.

Did you participate in the team that

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created this design?

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A.

I did.

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Q.

Does this D889 reflect the design of the

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prototype that's in front of you?

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MR. MONACH:

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foundation.

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Vague.

Objection.

Lack of

Objection, calls for a legal

conclusion.

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THE WITNESS:

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I believe so.

BY MS. CARUSO:

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Q.

Do you see Figure 6 of the D889 patent?

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A.

I do.

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Q.

There's a circular element on that.

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Do you

see it?

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A.

I do.

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Q.

Do you also see that on the prototype that

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you're holding?

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A.

I do.

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Q.

In Figure 1 of the D889 patent, there's

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a -- a line that's thicker than the other lines.

TSG Reporting 877-702-9580

Do

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you see that?

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MR. MONACH:

Objection.

Vague.

Objection

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to the extent it may not accurately reflect the

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drawing.

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THE WITNESS:

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BY MS. CARUSO:

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Q.

I see a bad photocopy.

Starting at the left, do you see three

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parallel lines on the left-hand side of the top

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drawing?

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A.

I do.

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Q.

Do you see the middle line of those three?

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A.

I do.

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Q.

Does it appear to you to be thicker than

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the other two?

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A.

Yes.

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Q.

Do you have an understanding of why it's

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thicker?

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MR. MONACH:

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foundation.

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Objection.

Lack of

Objection to the extent it calls for a

legal conclusion.

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THE WITNESS:

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BY MS. CARUSO:

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Q.

I don't.

Do you have any understanding of what that

middle line represents?
MR. MONACH:

Same objection.

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THE WITNESS:

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What was your

question.

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4

One more time.

BY MS. CARUSO:
Q.

Do you have any understanding of what that

middle line represents?

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A.

No.

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Q.

Figure 1, looking at the prototype in front

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of you, do you agree that there is a gap between the

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screen portion and the outer rim?

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A.

I do agree there's a gap.

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Q.

Was that gap -- did you participate in the

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design that led to that gap?

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MR. MONACH:

Object to the form of the

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question as it assumes facts that are not in

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evidence.

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THE WITNESS:

I was part of the team that

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designed this product, and, therefore, I

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participated in the design of that detail.

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BY MS. CARUSO:

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Q.

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function?

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A.

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"function"?

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Q.

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Was that detail intended to serve any

I don't -- I'm sorry.

What do you mean by

Any purpose that enabled the product to

work.

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MR. MONACH:

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THE WITNESS:

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Vague.

I don't understand if I

understand your definition.

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5

Objection.

BY MS. CARUSO:
Q.

Did the gap -- why was there a gap?

I'll

ask that question.

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A.

I really don't remember.

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Q.

If you'd look at this --

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A.

Thank you.

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Q.

-- and if you could just hold that up again

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for the camera.

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THE VIDEOGRAPHER:
the front.

I didn't get a shot of

You have to hold it longer for me.

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Thank you.

Great.

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BY MS. CARUSO:

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Q.

Does that prototype also have a gap?

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A.

It does.

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Q.

And is there anything sort of in the

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interior of that gap that you can see?

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MR. MONACH:

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Objection.

THE WITNESS:

Vague.

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you're calling the gap.

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I see a detail within what

BY MS. CARUSO:

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Q.

Is that detail found in the first prototype

you were looking at, as well?

TSG Reporting 877-702-9580