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

Filing 1384

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, 945) (Attachments: # 1 Exhibit 46 to Arnold, # 2 Exhibit 47 to Arnold, # 3 Exhibit 48 to Arnold, # 4 Exhibit 49 to Arnold, # 5 Exhibit 50 to Arnold, # 6 Exhibit 51 to Arnold, # 7 Exhibit 52 to Arnold, # 8 Exhibit 54 to Arnold, # 9 Exhibit 55 to Arnold, # 10 Exhibit 56 to Arnold, # 11 Exhibit 57 to Arnold, # 12 Exhibit 58 to Arnold, # 13 Exhibit 60 to Arnold, # 14 Exhibit 63 to Arnold, # 15 Exhibit 64 to Arnold, # 16 Exhibit 66 to Arnold, # 17 Exhibit 68 to Arnold, # 18 Exhibit 69 to Arnold, # 19 Exhibit 71 to Arnold, # 20 Exhibit 73 to Arnold, # 21 Exhibit 74 to Arnold, # 22 Exhibit 75 to Arnold, # 23 Exhibit 76 to Arnold, # 24 Exhibit 77 to Arnold, # 25 Exhibit 78 to Arnold, # 26 Exhibit 79 to Arnold, # 27 Exhibit 80 to Arnold, # 28 Exhibit 81 to Arnold, # 29 Exhibit 82 to Arnold)(Maroulis, Victoria) (Filed on 7/26/2012) Modified text on 7/27/2012 (dhm, COURT STAFF).

EXHIBIT 45

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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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,
Defendants.
____________________________/

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H I G H L Y
C O N F I D E N T I A L
A T T O R N E Y S' E Y E S O N L Y

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VIDEOTAPED DEPOSITION OF DOUGLAS SATZGER
REDWOOD SHORES, CALIFORNIA
TUESDAY, NOVEMBER 8, 2011

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BY: ANDREA M. IGNACIO HOWARD, CSR, RPR, CCRR, CLR
CSR LICENSE NO. 9830
JOB NO. 42999
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archive storage space.
Q

So when the move occurred, some of the files

were just sent directly to an archive?

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A

Storage.

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Q

As opposed to being moved to the new

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offices --

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MR. DAVIS:

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MR. ZELLER:

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A

Foundation.
Q.

-- as you understood it?

I -- I don't know where they were moved,

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actually.

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off-site, we had in-office, and we had on-campus

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storage.

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I'm not sure if they -- we had -- we had

Q

I don't recall.
Did you ever see an index or -- or a database

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or other list of files that you had that were in

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archive?

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A

No.

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Q

If you wanted to find out, back in the time

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period when you were working at Apple, whether or not

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any of your files were in archive, is there somebody

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you would ask?

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A

No.

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Q

Do you recall the last time that you saw any

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of the loose page sketches you did?
A

My recollection is when we were on Valley

Green.
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Q

And those were the old offices before --

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A

Old office, yeah.

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4

MR. DAVIS:

You stepped over him a little

bit.

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THE WITNESS:

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MR. DAVIS:

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10
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Just make sure you let him finish

his question, but you're fine.

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9

Oh, yeah.

MR. ZELLER:

Directing your attention back to

Exhibit 1172.
Q

Among these pages, did you see any pages that

relate to any tablet computer design?

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A

No.

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Q

I take it at some point you -- you do recall

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doing some sketches or drawings of tablet computer

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designs or potential tablet computer designs when you

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were at Apple?

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A

I -- yes.

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Q

Do you have any idea where those are?

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A

I do not.

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Q

I'm going to show you what was previously

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marked as Exhibit 8, which is a copy of United States

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Design Patent 504,889.

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you've had a chance to look at the '889 design patent.

And please let me know when

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A

Pardon me.

25

Q

Do you recognize the '889 design patent as a
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patent you're a named inventor on?

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A

Yes.

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Q

Focusing on the design that's shown here in

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the '889 design patent, did you create sketches of --

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of this design?

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A

Yes.

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Q

And I take it you didn't see any of those

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sketches here in 1172?

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A

No.

10

Q

Do you have any -- any idea or knowledge or

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information as to where any of the sketches that you

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prepared in connection with the '889 design patent

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design are?

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A

No.

15

Q

Do you have any idea where they were as of

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the time you left Apple in 2008?

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A

No.

18

Q

Do you have any knowledge or information --

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well, let me try it this way:

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time in 2008 when you left Apple, is there any place

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you can think of you would go and ask and look?

If -- if -- as of the

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A

Yes.

23

Q

What -- what did you have in mind for that?

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A

I would search the in-office storage for any

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of my file boxes, and then the other on-campus storage
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A

When building a mockup for a concept, we

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would try to represent a very neutral color palette

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that would simulate the materials that we would

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potentially use, but not distract from the design

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qualities, the aesthetic product --

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Q

Oh, I see.

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A

-- many times.

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Q

-- so generally speaking, the goal was that

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10

So the --

the mockup was to simulate the materials that would be
involved, but not the color itself?

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MR. HUNG:

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THE WITNESS:

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MR. ZELLER:

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Do you have the 035 mockup?

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MR. HUNG:

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MR. ZELLER:

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MR. HUNG:

Objection; vague.
Yes.
All right.

No.
Okay.
I didn't actually -- we didn't

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receive an e-mail, I think, asking us to bring it to

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this depo.

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MR. ZELLER:

We've asked for it to be

available for all of the interim depositions.

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Do you have these?

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MR. HALL:

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Would you please mark as Exhibit 1173 a

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Yes.

multipage document consisting of photographs of the -TSG Reporting - Worldwide

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what people call the 035 mockup.

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(Document marked Exhibit 1173

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for identification.)

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MR. ZELLER:
Q

All right.

And so you know, what we've marked as

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Exhibit 1173 are photographs of a mockup -- an Apple

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mockup that has generally been identified as the 035

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mockup.

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A

Uh-huh, yes.

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Q

And based on these photographs, are you able

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to tell me whether this is a mockup you recall?

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A

Yes.

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Q

And is this something that you worked on when

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you were at Apple?

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A

Yes.

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Q

With respect to the 035 mockup, was that in

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connection with the design that's shown here in the

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'889 design patent?

19

A

Yes.

20

Q

Is the 035 mock-up, that's depicted in

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these -- these photographs, the design that is

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depicted here in the '889 design patent?

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MR. HUNG:

Objection; calls for a legal

conclusion; foundation.
MR. DAVIS:

Calls for speculation.

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THE WITNESS:

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MR. ZELLER:

Based on what I know, yes.
Q.

Was the 035 mock-up of the

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tablet computer design one that you worked on

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simulating the materials for?

5

A

Yes.

6

Q

Do you recall what you did any more

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specifically on the 035 mockup?

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A

Gave a general spec for color callouts.

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Q

And please tell me what that means.

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A

The lead designer would prepare a file for a

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model maker to build a physical model, and along with

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that file would be a color specification document.

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Part A is color A.

Part B is color B.

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Q

The file that you were --

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A

Specs.

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Q

Oh, I'm sorry.

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A

Part of the specification.

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Q

The file that you were referring to is a

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20

I didn't mean to cut you off.

computer file for the model build?
A

The file for a -- for the CAD document is a

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computer file.

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was a handwritten document with bullet points or

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balloons pointing at different parts.

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Q

The file for a color spec within Apple

Was the handwritten document then given to

the -- the model makers?
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A

Yes.

2

Q

Now, you mentioned that the computer file was

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a CAD file?

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A

Yes.

5

Q

In order to build the 035 prototype, did that

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CAD file have to be translated into some other kind of

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file?

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MR. HUNG:

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THE WITNESS:

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Objection; foundation.

MR. ZELLER:

I don't know.
Q.

Focusing on the 035 model

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for a moment, was that one built in any -- in any of

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its components by a rapid prototyping machine?

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MR. HUNG:

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THE WITNESS:

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MR. ZELLER:

Objection; foundation.
No.
Q.

It was all done by -- by

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hand?

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A

Yes.

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Q

In your prior answer, you'd mentioned that

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the lead designer prepared the file -- the CAD file

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for the model maker.

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MR. HUNG:

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MR. ZELLER:

Go ahead.
Q.

Do you know who that lead

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designer was in this particular instance for the 035

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mockup?

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A

I don't.
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