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 46

Confidential Business Information Subject to Protective Order

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UNITED STATES INTERNATIONAL TRADE COMMISSION

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Washington, D.C.

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Before the Honorable Charles E. Bullock

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Acting Chief Administrative Law Judge

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In the Matter of:

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CERTAIN ELECTRONIC DIGITAL

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MEDIA DEVICES AND COMPONENTS ) Inv. No. 337-TA-796

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THEREOF

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)

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CONFIDENTIAL BUSINESS INFORMATION

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SUBJECT TO PROTECTIVE ORDER

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DEPOSITION OF RICHARD HOWARTH

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WEDNESDAY, FEBRUARY 8, 2012

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Job Number: 45710

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REPORTED BY:

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JANIS JENNINGS, CSR 3942, CLR, CCRR
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page, the left column at the top says "U.S. Patent

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Documents," and if you read about two-thirds of the

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way down you see a reference to the 558,757 patent.

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Do you see that?

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A.

Yes, I do.

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Q.

And the 558,757 patent is Exhibit 4 that

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we were just talking about a moment ago.

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take a look at Exhibit 4.

Can you

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A.

Yes.

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Q.

Which is the '757 patent.

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A.

Okay.

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Q.

And the '757 patent, which is Exhibit 4,

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is a cited reference in the '678 patent, which is

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Exhibit 6.

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Can you tell me what's new or original in

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the '678 patent compared to the '575 [sic] patent --

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I'm sorry -- compared to the '757 patent?

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MS. TAYLOR:

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THE WITNESS:

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that, no.

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very well.

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Calls for a legal conclusion.
I don't -- I can't answer

I really don't understand patent drawings
It's difficult for me.
MS. TAYLOR:

Scott, is this a good time

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to -- I need something more to drink.

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time to take a break?

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MR. KIDMAN:

Sure.

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Is it a good

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MS. TAYLOR:

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THE VIDEOGRAPHER:

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Thanks.
The time is 4:02 p.m.

and we are off the record.

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(Off the record.)

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THE VIDEOGRAPHER:

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and we are on the record.

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MR. KIDMAN:

(Exhibit 7 was marked for identification

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Let's mark the next document

as Exhibit 7.

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The time is 4:19 p.m.,

and attached hereto.)
BY MR. KIDMAN:
Q.

And Exhibit 7 is a copy of U.S. design

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patent 504,889.

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the '889 design patent as a patent on which you are

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an inventor?

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A.

And, Mr. Howarth, do you recognize

I see my name is written here in the list

of inventors.

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Q.

And have you seen this patent before?

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A.

I don't recall.

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Q.

Do you recall having any role in the

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application or prosecution of this patent?
A.

I'm not sure exactly what you mean by

"application or prosecution" of it.
Q.

Do you recall having any role in the

preparation of the application for this patent?
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A.

I don't recall that.

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Q.

And what's new or original about the

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design shown in the drawings of the '889 patent?

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MS. TAYLOR:

Calls for a legal conclusion.

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THE WITNESS:

I can't tell from this what

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is new -- new about this.

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BY MR. KIDMAN:

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Q.

Do you have any understanding as to what's

new or original about the design is shown in the
'889 patent?

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MS. TAYLOR:

Calls for a legal conclusion.

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THE WITNESS:

I'm not trained in reading

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these sort of patent drawings, so I can't tell you

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what's new or original based on these.

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BY MR. KIDMAN:

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Q.

As a named inventor of the '889 patent,

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can you tell me if you have any understanding as to

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what's new or original in the design shown in this

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patent?

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MS. TAYLOR:

Calls for a legal conclusion.

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THE WITNESS:

Again, I -- I haven't been

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trained in reading patent drawings, and I can't -- I

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can't tell what these drawings are trying to show.

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BY MR. KIDMAN:

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Q.

Did Apple release to market any product
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with the design that's shown in the '889 patent?

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MS. TAYLOR:

Calls for a legal conclusion.

It's also not relevant to the ITC case.

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THE WITNESS:

I'm not sure what -- what

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design is being shown here, based on these drawings.

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BY MR. KIDMAN:

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Q.

And so, therefore, you can't tell me if

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Apple released any product to market with the design

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that's shown in the '889 patent; is that correct?

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MS. TAYLOR:

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THE WITNESS:

Calls for a legal conclusion.
I -- based on these

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drawings, I can't tell you if Apple released a

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product that was -- that was like this.

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BY MR. KIDMAN:

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Q.

And take a look back at Exhibit 6, which

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is the '678 patent, and you see on -- it is actually

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the third page of the '678 patent.

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looked at this before, but maybe not.

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I think we

But the '889 patent is one of the cited

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references in the '678 patent.

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do you see that?

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page 3 of the '678 patent that says "U.S. Patent

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Documents."

Do you understand --

If you look at the column on

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A.

The what?

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Q.

Why don't you take a look at Exhibit 6,

Sorry.

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page 3.

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A.

Uh-huh.

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Q.

You see the column on the left that

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Yes.

says "U.S. Patent Documents"?

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A.

Uh-huh, yes.

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Q.

And about a quarter of the way down, there

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is a reference to the 504,889 patent.

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A.

I see that.

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Q.

Okay.

And so the '889, patent which is

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Exhibit 7, is one of the references cited in the

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'678 patent, which is Exhibit 6.

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Are you with me?

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A.

Got it.

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Q.

Okay.

And can you tell me what's new or

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original about the design in the '678 patent over

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the design in the '889 patent?

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MS. TAYLOR:

Calls for a legal conclusion.

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THE WITNESS:

No, I can't tell you that,

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based on these drawings.

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BY MR. KIDMAN:

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Q.

Do you recognize the design in the '889

patent as the design of any version of the iPad?

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MS. TAYLOR:

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THE WITNESS:

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Calls for a legal conclusion.
I'm not sure what this is

trying to show (indicating).
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BY MR. KIDMAN:
Q.

And when you say "this," you are referring

to Exhibit 7, which is the '889 patent?

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A.

That's correct.

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Q.

What was new or original about the

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original iPhone when it was brought to market?

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MS. TAYLOR:

Calls for a legal conclusion.

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THE WITNESS:

I'm not sure it was new or

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original about the original -- about the initial

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iPhone.

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it came out, and it was beautiful.

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BY MR. KIDMAN:

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Q.

It was -- it was a wonderful product when

Can you identify anything that was new or

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original about the original iPhone when it was

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brought to market?

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MS. TAYLOR:

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THE WITNESS:

Asked and answered.
I think -- I think it was a

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beautiful product that people seemed to really,

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really like.

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BY MR. KIDMAN:

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Q.

I really liked it.

My question is a little bit different, and

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that is:

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that was new or original about it?

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Was there anything that you can identify

MS. TAYLOR:

Calls for a legal conclusion.

Asked and answered.
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THE WITNESS:

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and original about it.

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BY MR. KIDMAN:

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Q.

I'm not sure what was new

How about the iPad?

Can you identify

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anything that was new or original about the iPad

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when it was brought to market?

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MS. TAYLOR:

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THE WITNESS:

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Calls for a legal conclusion.
I don't know about new or

original for the iPad, because I'm not a lawyer.
BY MR. KIDMAN:
Q.

Well, I'm not asking for a legal opinion.

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I'm asking your understanding as an industrial

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designer.

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designer, was there anything new or original about

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the iPad when it was first brought to market?

In your understanding as an industrial

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MS. TAYLOR:

Calls for a legal conclusion.

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THE WITNESS:

I'm not sure what was new or

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original.

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BY MR. KIDMAN:

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Q.

Did you ever discuss competitors' products

during meetings with the industrial design team?

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A.

Might have done.

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Q.

Do you recall ever having done that?

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A.

Not right now.

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Q.

Are competitive products ever brought into
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