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 40

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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 DANIEL COSTER
San Francisco, California
Thursday, October 27, 2011

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Reported by:
LORRIE L. MARCHANT, CSR No. 10523
RPR, CRR, CCRR, CLR
JOB NO. 43003

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design -- excuse me.

2

Let me start that over again.

There was a portion in "Objectified" where

3

Mr. Ive said, in effect, that for the iPhone, the

4

design deferred to the display.

5

Did you see that part of it?

6
7

A.

I didn't

see his part, so --

8
9

As I said, I'm a bit embarrassed.

Q.

I see.

I understand.

So you're saying you

missed that whole part where Mr. Ive was --

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A.

Unfortunately.

11

Q.

Well, that's quite all right for telling

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me.

I'm sorry.

It avoids a few more questions, then.

13

What do you recall about your first

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involvement in the development of the first tablet

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computer design you can remember working on there at

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Apple?

17

A.

Sorry.

18

Q.

Sure.

Please ask the question again.
Now what I'd like to do is focus on

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the tablet computers that you've worked on there at

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Apple.

21

A.

Yes.

22

Q.

And -- and my question is, is what's your

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first memory about that project?

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A.

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sorry.

I don't recall.

It's so long ago.

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I'm

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2

Q.

Do you remember the approximate time period

where you worked on the initial tablet design?

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A.

I'm sorry.

4

Q.

Let me show you what was previously marked

I can't recall.

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as Exhibit 8, which is a copy of United States

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Design Patent 504,889.

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8

If you could please let me know when you've
had a chance to review that document.

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10

You've had a chance to look at the '889
design patent?

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A.

Yes.

12

Q.

Did you work on the design that's shown

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Thank you.

here?

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A.

Yes, I did.

15

Q.

You'll see that it has a -- a filing date,

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and this is in the middle of the first column there

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on the left, of March 17, 2004.

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Do you see that?

19

A.

Correct.

20

Q.

Does that help refresh your recollection as

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to any of the time periods you worked on this

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design?

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24
25

A.

This is the date of the application;

correct?
Q.

Right.
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2
3

A.

But there's so much other things that's

happened, I'm sorry.
Q.

I can't recall.

Do you recall approximately how long it

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took to complete the design that showed up in the

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'889 design patent?

6

A.

Not offhand.

7

Q.

Can you recall whether that process -- just

I'm sorry.

8

getting to this design, right -- was a matter of --

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of weeks or months or -- or years?

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A.

I'm sorry.

I can't remember.

As I said,

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it's a collaborative effort.

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on it, then maybe stopped, and other people worked

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on it.

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so it's very hard to nail down those dates.

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sorry.

16

Q.

So sometimes we worked

So it was a very team-oriented experience,
I'm

Generally speaking, do you recall the --

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the design that was involved -- I'm talking about

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the design process -- that was involved with the

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design shown here in the '889 patent was -- was

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something that was sort of a stop-and-start process

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as opposed to something that was simply done in one

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continuous time period?

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24
25

A.

I can't recall.

I'm sorry.

It's hard to

remember.
Q.

Do you recall whose idea it was to come up
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that way.

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have an understanding as to whether the line shown

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there is broken or not and, therefore, part of the

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claim design or not.

5
6

I'm just trying to find out whether you

MR. KREEGER:

Objection.

Calls for a legal

conclusion.

7

Go ahead.

8

THE WITNESS:

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Again, I -- I'm sorry.

I

can't interpret.

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(Discussion off the record.)

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BY MR. ZELLER:

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13

Q.

Directing your attention to Figure 1 of the

'889 design patent --

14

A.

Yes.

15

Q.

-- you'll see that part of -- as part of

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the perimeter on that front of the device, there's a

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thicker line as compared to the others.

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A.

Could you point to it?

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Q.

Sure.

I'm sorry.

It's this part (indicating), that

20

runs right along here (indicating) and then sweeps

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upward.

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of Figure 1.

It's the darker, thicker line that's part

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A.

I see, yes.

24

Q.

Do you have an understanding as to what

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that depicts?
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2
3

A.

I'm sorry.

I don't.

Again, I can't

interpret these drawings.
Q.

Do you know whether the design that's shown

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here in the '889 design patent shows a clear, flat

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surface that runs from edge to edge?

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A.

Yes.

7

Q.

And in your view, it does cover that?

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A.

Again, it's -- I'm sorry.

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again.

Sorry.

10

Q.

Sure.

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Does it cover what?

Ask the question
Sorry.

Is it your understanding that the drawings

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here do show a clear, flat surface that's continuous

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and runs from edge to edge?

14

A.

Edge to edge on what?

Sorry.

You mean the

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piece of glass is edge to edge in its own right,

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though?

17

Q.

Right.

18

A.

The piece of glass has an edge, so that's

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where it stops, I suppose.

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this drawing is -- depicts the overall design, so

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that's -- that's not the only part of the thing that

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you're seeing.

23

Q.

As an overall -- again,

Does the -- do these drawings in the '889

24

design patent show or depict a gap or groove of any

25

kind?
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A.

Again, I can't interpret that from here.

2

Q.

Do you have an under -- well, I'm sorry.

3

Strike that.

4

Does the design that's shown here in the

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'889 design patent show or depict any vents?

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for the record, I'm saying V-E-N-T-S.

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A.

Again, I'm sorry.

And

The -- the drawing

8

depicts the design, so it's hard for me to give you

9

specific feedback.

10
11

Q.

Going back for a moment to that thicker,

darker line that's part of Figure 1 --

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A.

Okay.

13

Q.

-- do you know whether that darker, thicker

14

line depicts a gap or a groove?

15

A.

No, I don't.

16

Q.

Do you know whether that darker, thicker

17

line depicts an area where there were vents?

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A.

So what was the question again?

19

Q.

Do you know whether that darker, thicker

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Sorry.

line in Figure 1 depicts where there were vents?

21

A.

No, I don't know.

22

Q.

Your counsel has brought a couple of tablet

23

mockups that I have a few questions about for you.

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Why don't we start with the larger one.

25

And for the record, I'm -- I'm showing you
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the three-dimensional mockup of -- of a -- of a

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tablet computer design.

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the one with the -- what sometimes people refer to

4

as the "30-point connector" and then the single hole

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as a -- on one of the sides.

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And this particular one is

So if I can hand that to you, please.

And

7

if you can take a look at the physical mockup, I'd

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appreciate it.

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And for the record, I'm going to hand you

10

what was previously marked as Exhibit 842, which is

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a -- which is two pages of photographs with some

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closeups of one of the mockups.

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So first, directing your attention to the

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physical mockup that you have in front of you, the

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three-dimensional object --

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A.

Yes.

17

Q.

-- had you seen that before today?

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A.

Yes.

19

Q.

And did you see that in the course of your

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work there at Apple?

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A.

Correct.

22

Q.

Did you see that in the course of working

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on the design that's shown here in the '889 design

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patent?

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A.

Yes.
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Q.

Is -- is the mockup of the tablet that you

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have in front of you the -- the design that's shown

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in the '889 design patent?

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A.

I believe so.

5

Q.

And directing your attention to what we

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marked as Exhibit 842, which are the two pages of

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photographs --

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A.

Yes.

9

Q.

-- and these -- these are closeups of

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that -- the mockup that you have in front of you.

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A.

Okay.

12

Q.

And you'll see that there are -- those --

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those arrows with the Letter A on both pages.

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Do you see that?

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A.

Yes.

16

Q.

And where those arrows are pointing and

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18

labeled A, are those vents?
A.

Unfortunately, I -- I don't know.

They

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look pretty, but I'm -- I'm -- I don't know if they

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are vents or not.

21

Q.

And just if you could take a look at the

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second page to satisfy yourself and be sure.

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I'm referring to the second page of Exhibit 842, the

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photographs.

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A.

Thank you.
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2

Q.

And so even after looking at that second

page, you can't determine whether those are vents?

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A.

I'm sorry, no.

4

Q.

If you could do me a huge favor and just

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hold the tablet up for the video camera so that we

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have a record of what I showed you.

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Also, if you could just show the bottom

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part, where the connector is.

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part where there is the hole, the port.

10

Yeah.

And then the
And then

the back surface too, please.

11

Okay.

Thank you very much.

12

A.

Sure.

13

Q.

Do you know who created the physical mockup

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that you have in front of you?

15

A.

No.

16

Q.

Do you remember the context in which you

I don't recall.

17

saw it?

18

or did someone come by and specifically show it to

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you at some point?

Was it at a meeting there at Apple, or --

20

A.

I'm sorry.

21

Q.

At some point did you act as the liaison

I don't recall.

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between the industrial design group that you're a

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part of and then other parts of the company as it

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pertained to -- as it pertained to the iPad or the

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iPad 2?
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A.

Again, it's -- it's quite a collaborative

2

effort, so there's never normally a singular person.

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So I think that's what the strength of the group is.

4
5

Q.

Did you work on the design for both the

iPad and the iPad 2?

6

A.

Yes.

7

Q.

Were you present when Steve Jobs announced

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and unveiled the iPad 2?

9

A.

I'm sorry.

10

Q.

Well, you recall that with some products,

Present where?

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major product announcements, Steve Jobs would --

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would be the one who unveiled them and first showed

13

them to members of the press and the public?

14

A.

Yes.

15

Q.

And that happened with the iPad 2?

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A.

Yes.

17

Q.

Were you present when he did that?

18

A.

Yes.

19

Q.

Do you remember, did Mr. Jobs say, in -- in

20

words or effect, that the design for the iPad 2

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was -- was new?

22

A.

I don't recall.

23

Q.

Do you have any understanding or knowledge

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25

Sorry.

as to what Mr. Jobs meant by that statement?
A.

I don't know.
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MR. KREEGER:

Assumes facts.

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THE WITNESS:

Like I said, it's -- I'm

3

sorry.

4
5

I can't answer your question.
BY MR. ZELLER:

Q.

Looking at the tablet design that's shown

6

in the '889 design patent, just in terms of its

7

overall appearance, do you think the design that's

8

shown here in the '889 design patent is the same

9

design as the iPad 2?

10

A.

11

I'm sorry.

12

Q.

I have no opinion about the overall design.

Do you have any view as to whether or not

13

the design in the '889 design patent is

14

substantially the same as the iPad 2?

15

A.

Again, it's hard for me to answer.

I don't

16

understand what the word "substantial" means in -- I

17

don't have an opinion about the overall, so it's --

18

it's hard to respond.

19

Q.

So -- so whether -- whether it's the same

20

or substantially the same, you just -- you don't

21

have an opinion either way?

22

A.

I'm sorry.

23

Q.

And just so we have a clear record, I

24

think -- I think I understand what you're saying,

25

but this gets put into a transcript, so your words
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get taken literally.

2

You don't have an opinion one way or

3

another whether the design that's shown here in the

4

'889 design patent is the same or substantially the

5

same as the iPad 2 design?

6

A.

Correct.

7

Q.

Directing your attention to the '889 design

8

patent --

9

A.

Yes.

10

Q.

-- and specifically Figure 2, you'll see

11

that on the -- the -- the surface that's depicted

12

here of the device there are three sets of diagonal

13

lines?

14

A.

Yes.

15

Q.

Do you know what those diagonal lines

16

depict or mean?

17

A.

No.

18

Q.

If you could please take a look at

19

Figure 4.

20

A.

Yes.

21

Q.

You'll see that this is another view of

22

the -- what it says here is the bottom perspective,

23

the bottom view of the device.

24
25

A.

I don't see where it says bottom

perspective.

Sorry.
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Q.

2

Well, I'll show you where that is.
If you look back at the first page.

3

A.

Yes.

4

Q.

In that second column, under the words

5

"description" --

6

A.

Yes.

7

Q.

-- it says, Figure 2 is a bottom

8

perspective view thereof.

9

A.

Bottom view thereof.

10

Q.

Right.

11

A.

Yes.

12

Q.

And then it also says, Figure 4 is a bottom

13

Do you see that part?

view thereof?

14

A.

Oh, yes.

15

Q.

And so taking a look, then, at --

16

A.

Thank you.

17

Q.

-- Figure 4, which is another view of the

18

bottom of the device --

19

A.

Yes.

20

Q.

-- do you have any understanding as to why

21

those diagonal lines that were shown on Figure 2 on

22

the bottom are not shown in Figure 4?

23

A.

No.

24

Q.

If you could please take a look at the last

25

I'm sorry.

I don't.

page of the '889 design patent.
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This is Figure 9.

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You'll see that from the perspective of

2

the -- the man holding the device in the -- in the

3

drawing that the top of the device is somewhat wedge

4

shaped.

Do you see that?

Or tapering.

5

A.

Okay.

6

Q.

Do you know whether or not the design

7

that's shown in this design patent is showing a --

8

an edge that is -- is tapering or wedge shaped?

9

A.

10

Sorry.

11

Q.

No.

I couldn't tell from the drawing.

And then also on Figure 9, you'll see that

12

there is a thicker, darker line that runs part of

13

the perimeter of the front.

14

A.

Can you show that to me?

15

Q.

Sure.

16

It's that darker, thicker part

(indicating).

17

A.

Okay.

18

Q.

There's a line that runs around at least

19
20
21

part of the perimeter that can be seen of Figure 9.
A.

Yes.

Well, is it -- is it two lines

together?

22

Q.

23

questions.

24
25

Well, that was going to be one of my

Do you know if it is?
A.

It's hard to know.
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The drawing is so bad.
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2

Q.

Do you know what, if anything, that line

depicts?

3

A.

No, I don't.

4

Q.

I'm going to show you what's previously

I'm sorry.

5

marked as Exhibit 751, which is a copy of United

6

States Design Patent 622,270.

7

show you another copy of the '270 design patent

8

which we have marked as Exhibit 429.

9

And then I'm going to

And for the record, the copy of it that's

10

marked as Exhibit 429 has some handwritten markings

11

on it, which is why it's marked separately.

12

And if you could please take a look at the

13

'270 design patent, the one that we've marked as

14

Exhibit 751.

15

A.

Yes.

16

Q.

You'll see that you're a named inventor on

17

this -- this design patent.

18

A.

Yes.

19

Q.

Was this a design you worked on at some

20

point?

21

A.

Yes.

22

Q.

And do you recognize, generally, what the

23

device is that this shows?

24

A.

Yes.

25

Q.

Is it the -- the first iPod touch?
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A.

Yes, I believe so.

2

Q.

Was there anything that was new or original

3

about the design that's shown in the '270 design

4

patent as compared to designs that were already in

5

existence that you knew of?

6

A.

I can't recall.

I don't know -- I don't

7

know in the history of things how to relate what I'm

8

looking at here to -- as you said, what was around

9

at the time.

10
11

Q.

Sorry.

Do you have any understanding today as to

what was new or original about the design?

12

A.

No.

13

Q.

If you could please take a look at the

I'm sorry.

14

version of the '270 design patent that we marked as

15

Exhibit 429.

16

want to keep the other one in front of you as well,

17

the clean copy of 751, just in case you need to

18

refer to it.

19

That's the other one.

And you may

You'll see that on the version of the '270

20

design patent there are pages where there's some

21

handwritten markings on them.

22

A.

Which one is the 27- -- sorry, which one?

23

Q.

It's the one that's numbered 429 there.

24

A.

Yes.

25

Q.

So you'll see on Figure 1 and Figure 2

Thank you.

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