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).

CONFIDENTIAL OUTSIDE COUNSEL ONLY PURSUANT TO PROTECTIVE ORDER

Page 1
1

UNITED STATES INTERNATIONAL TRADE COMMISSION

2

WASHINGTON, D.C.

3
4

In the Matter of:
Investigation No.

5

CERTAIN ELECTRONIC DIGITAL
MEDIA DEVICES AND COMPONENTS

6

337-TA-796

THEREOF

7
8
9
10
11

CONFIDENTIAL OUTSIDE COUNSEL ONLY
PURSUANT TO PROTECTIVE ORDER

12
13
14

VIDEOTAPED DEPOSITION OF JONATHAN IVE

15

San Francisco, California

16

Tuesday, February 7, 2012

17
18
19
20
21
22
23

REPORTED BY:

24

CYNTHIA MANNING, CSR No. 7645, CLR, CCRR

25

JOB NO. 46227
TSG Reporting - Worldwide

877-702-9580

CONFIDENTIAL OUTSIDE COUNSEL ONLY PURSUANT TO PROTECTIVE ORDER

Page 105
1

Then on Exhibit 5, I would say that's

2

not the case.

3

described in Exhibit 5 is -- is -- I think moves

4

further away from -- from that initial design

5

that we were pursuing.

6

That exhibit -- the design

Exhibit 6, I feel, moves even further

7

away from that first design that we were

8

pursuing.

9

And then Exhibit 7 appears to be --

10

those seem to be CAD files for -- for a different

11

product.

12

Q.

And then just in terms of the one that

13

seems the most similar to the project that you

14

were talking about, and again without repeating

15

everything that you said about it, but the one

16

that basically some people said was ugly, is

17

the -- is the set of drawings as part of

18

Exhibit 1, in your view, the closest one or were

19

there others that were closer to your memory on

20

that?

21

A.

I'm afraid my memory really isn't --

22

yeah.

23

any one of those -- those...

It could have been -- it could have been

24

Q.

1 through 4?

25

A.

1 through 4.
TSG Reporting - Worldwide

877-702-9580

CONFIDENTIAL OUTSIDE COUNSEL ONLY PURSUANT TO PROTECTIVE ORDER

Page 106
1

There were elements that -- in each of

2

them that's -- that seem reminiscent of the

3

design that we had been working on.

4

Q.

And what was it -- whether these

5

drawings are exact or not of the design that you

6

were referring to, what was it about the design

7

that people thought -- meant it wasn't -- it

8

wasn't beautiful enough or it was ugly or

9

whatever those other words were that people used

10
11

to describe it?
A.

Well, I can't -- I can't recall what it

12

was that caused other people to -- to describe it

13

as ugly.

14

specifics.

15
16
17

I don't recall what -- I don't recall

I recall generally that it was -somehow the design was not special enough.
I recall long conversations about how

18

dramatically new this technology and this product

19

was going to be, and that the design that we had

20

been exploring and developing didn't correlate to

21

the newness of the product.

22

I recall a conversation that was much

23

more about what -- what the design should aspire

24

to be, rather than what was wrong with the

25

current design.
TSG Reporting - Worldwide

877-702-9580

CONFIDENTIAL OUTSIDE COUNSEL ONLY PURSUANT TO PROTECTIVE ORDER

Page 107
1

And I would say that that's fairly

2

typical of -- of our design process, whether

3

that's conversations with people outside the

4

design group or amongst designers.

5
6

Q.

dramatically new this technology would be.

7
8
9

And you were referring to how

What are you referring to there when
you say "this technology"?
A.

So I'm using the word "technology"

10

really very broadly.

11

processing capability of the silicon.

12

I'm talking about the

I'm talking about the combination of

13

different wireless connectivity, so from the

14

cellular radios through to Bluetooth and to WiFi.

15

Talking about the -- the single display

16

without a numeric keypad.

17

numeric keypad, this display could be large and,

18

as a percentage, occupy a significant part of the

19

product's front elevation.

20

And so by not having a

And affording technology that allowed

21

us to get rid of the keypad and any sort of

22

alphanumeric buttons, the affording technology

23

was multi-touch.

24
25

And what we were particularly excited
about was that the -- the buttons would be
TSG Reporting - Worldwide

877-702-9580

CONFIDENTIAL OUTSIDE COUNSEL ONLY PURSUANT TO PROTECTIVE ORDER

Page 108
1

completely specific to the functional mode that

2

you were in.

3

So for example, if you were on a call

4

there were certain controls that were relevant to

5

being on a call.

6

distracted by a whole, in some cases alphanumeric

7

keyboard, you were basically presented with six

8

-- six buttons, I think.

9

precise number, and the most significant button

And so rather than being

I can't remember the

10

being the, you know, make the call/break the

11

call.

12

And I think that that was -- that was

13

cause for us to be very excited about the

14

potential of the product, and we felt very

15

strongly that that could transform the industry,

16

transform the ways that we could use this

17

particular product.

18

And the industrial design at that point

19

in time, I think other people made the

20

observation, and I think we felt the same way

21

internally as a design group, that the industrial

22

design wasn't good enough.

23
24
25

Q.

And did you yourself have a -- just a

step back.
When I talked about the -- and I used
TSG Reporting - Worldwide

877-702-9580

CONFIDENTIAL OUTSIDE COUNSEL ONLY PURSUANT TO PROTECTIVE ORDER

Page 109
1

the word "ugly" again.

2

your word.

3

You had said that wasn't

Did you ever express a similar

4

sentiment about that -- that prior design

5

yourself?

6

A.

I don't recall.

7

Q.

Do you recall what your impression was

8
9

of it in that sense?
A.

My recollection was that it was a very

10

competent piece of design that wasn't good

11

enough.

12

Q.

And do you have a -- do you have a

13

memory of what it was that made you think that it

14

wasn't good enough?

15

A.

No.

My recollection -- I -- I don't

16

recall any specifics.

17

that it's the combination of multiple design

18

elements, form.

19

But my recollection is

It's the combination of multiple

20

elements that just meant that it wasn't beautiful

21

enough, that it wasn't as distinct, didn't

22

feel -- it felt -- I think the predominant

23

feeling that I had was, on one hand we were very

24

excited about the -- the multi-touch.

25

made the -- the first very crude multi-touch
TSG Reporting - Worldwide

877-702-9580

We had