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 47

Confidential Business Information Pursuant to Protective Order

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UNITED STATES INTERNATIONAL TRADE COMMISSION

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WASHINGTON, D.C.

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In the Matter of:
Investigation No.

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CERTAIN ELECTRONIC DIGITAL
MEDIA DEVICES AND COMPONENTS

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337-TA-796

THEREOF

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CONFIDENTIAL BUSINESS INFORMATION

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PURSUANT TO THE PROTECTIVE ORDER

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VIDEOTAPED DEPOSITION OF MATTHEW ROHRBACH

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San Francisco, California

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Thursday, February 23, 2012

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REPORTED BY:

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CYNTHIA MANNING, CSR No. 7645, CLR, CCRR

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JOB NO. 45582
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is what I remember.

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to question somebody else's memory.

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BY MR. KIDMAN:

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5

Q.

I -- I don't have any reason

Take a look back at Exhibit 1, which is

the '757 patent.

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MS. TAYLOR:

Are you done with this?

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MR. KIDMAN:

I'm sorry?

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MS. TAYLOR:

Are you done with this?

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MR. KIDMAN:

You can set it aside for

MS. TAYLOR:

You can take it later.

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now.

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BY MR. KIDMAN:
Q.

And if you look at the second page of

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the '757 patent under U.S. Patent documents, do

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you see that?

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A.

On the left?

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Q.

Yeah, on the left.

Yeah.
And do you see

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about a -- a third of the way down, there's a

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reference to patent No. D504,889.

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Do you see that?

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A.

Okay.

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Q.

And it lists the designer -- designers

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Yes.

as Andre, et al.

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A.

Okay.

25

Q.

Do you see that?
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A.

Yes.

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Q.

You know who Bart Andre is; correct?

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A.

(Witness nods head.)

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Q.

Now, look -- take a look at --

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MR. KIDMAN:

Did we mark this yet?

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Let's -- let's mark the next document as Exhibit

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3.

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(Deposition Exhibit 3 was marked for

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identification)

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THE WITNESS:

(Witness reviewing

document.)

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MR. KIDMAN:

And for the record,

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Exhibit 3 is United States Design -- Design

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Patent No. 504,889.

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BY MR. KIDMAN:

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Q.

And have you seen this patent before?

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A.

I don't recall seeing it.

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Q.

Do you see that you're -- I'm sorry?

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A.

Maybe when I was here for another

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deposition, but I'm not sure.

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Q.

Okay.

Apart from what you may have

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seen in any other deposition, do you recall

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having seen the '889 patent before?

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25

A.

I don't really recall seeing it before

that.
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2

Q.

Do you see that you're a named inventor

of the '889 patent?

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A.

Yes.

4

Q.

And do you see that the -- what we've

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marked as Exhibit 3, and what I'm calling the

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'889 patent, is referenced as a -- as a cited

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reference in the '757 patent?

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9

A.

On that second page.

Yeah,

okay.

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Right.

Q.

And do you recognize the design that's

shown in the figures to the '889 patent?

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A.

Vaguely.

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Q.

And what do you recognize the figures

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in the '889 patent as -- as being?

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A.

I don't -- I don't recognize it as

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anything specific, so much as it looks like some

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of the studies we were doing, design studies.

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19

Q.

What design studies are you referring

A.

Early, early tablet studies, it looks

to?

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like.
Q.

And do you recall when you were doing

those early tablet studies?

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A.

No, I don't recall when.

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Q.

Do you have any -- any approximation of
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when you were doing what you referred to as the

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early, early tablet studies?

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A.

No.

4

Q.

Do you recognize the design shown in

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the figures of the '889 patent as any product

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shipped by Apple?

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8

A.

I -- I don't know what the figures

represent.

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Q.

And, therefore, you can't tell me

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whether this design in the '889 patent is the

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design of any product shipped by Apple; is that

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correct?

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A.

Yeah, I don't know what -- what it's

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representing, so I don't know if it's something

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that shipped or not.

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Q.

And when you say you don't know what

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it's representing, what -- what do you mean by

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that?

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A.

I mean my understanding is that this

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is -- this is a document that's used to protect

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some of our work and -- and so I don't know how

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this is -- how this is used, so...

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24
25

Q.

Okay.

Well, if you just look at the --

the figures themselves -A.

Mm-hmm.
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Q.

-- and if you just look at the figures

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as -- as a form of the design drawing, do you

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recognize the design that's shown in these

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figures as being any product that Apple has

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shipped?

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MS. TAYLOR:
conclusion.

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10
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Calls for a legal

THE WITNESS:

Couldn't say.

BY MR. KIDMAN:
Q.

And is there a -- a reason why you

can't say?

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MS. TAYLOR:

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Go ahead.

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THE WITNESS:

Asked and answered.

Yeah, I'm not -- I don't

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know how to -- how to -- to read them with a -- I

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don't know what they mean.

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BY MR. KIDMAN:

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Q.

Is that because there's not enough

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detail in the -- in the figures for you to be

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able to determine whether this is the design of

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any product that Apple shipped?

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A.

It's -- it's because I don't really

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understand how to interpret what's -- what's

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presented here for the -- for the purpose of the

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protection.
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Q.

Okay.

But if somebody were just to

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hand you design drawings that consisted of these

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figures that are shown in the '889 patent, would

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you be able to look at them and -- and identify

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them as the design of any product that Apple has

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shipped?

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MS. TAYLOR:

Objection; calls for a

legal conclusion.

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THE WITNESS:

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the question again?

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Can you -- can you ask

BY MR. KIDMAN:

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13

Q.

Sure.
You seem to be -- have difficulty

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answering the question because you don't know how

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to legally interpret the figures of a patent

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drawing, and I -- and I understand that you're

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not a patent lawyer or a lawyer, but I'm not

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asking you for -- for a legal conclusion.

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So with that background, if you just

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look at these figures in the patent as if they

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were design drawings that you were to see in the

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ordinary course of performing your job as an

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industrial designer, would you be able to

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recognize or do you recognize what's shown in

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these figures as the design of any product that
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Apple has shipped?

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MS. TAYLOR:

It's an incomplete

hypothetical and it calls for a legal conclusion.

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THE WITNESS:

Yeah, I can't really -- I

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can't -- I don't know how to -- how to interpret

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the drawings.

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as a design.

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BY MR. KIDMAN:

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Q.

I -- I can't -- I can't see them

So when you look at these -- these

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figures, you don't see them as showing a design

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of any product that Apple has shipped; is -- is

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that -- that correct?

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14

A.

I'm just not sure what -- what I'm

looking at, so that's -- that's what I mean.

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Q.

And when you say you're not sure what

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you're looking at, what -- what do you mean by

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that?

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A.

I mean it -- it is a -- it is a

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document that's intended to serve a purpose, so I

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can't really -- I can't really see past that.

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don't understand the purpose.

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Q.

I

And I'm not asking you to draw any kind

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of legal conclusion, okay.

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to look at these figures and tell me, based on

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the lines you see on the page, as to whether the

I'm just asking you

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design that's shown in the '889 patent is the

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design of any product that Apple has shipped?

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MS. TAYLOR:

conclusion; it's a incomplete hypothetical.

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Calls for a legal

THE WITNESS:

I don't know.

BY MR. KIDMAN:
Q.

Do you know what was new or original

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about the design that's shown in the '889 patent

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at the time that it was thought up?

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MS. TAYLOR:
conclusion.

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THE WITNESS:

Q.

Do you know when the design that's

shown in the '889 patent was conceived of?
MS. TAYLOR:

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THE WITNESS:

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No, I don't.

BY MR. KIDMAN:

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Legal -- calls for a legal

Same objection.
No.

BY MR. KIDMAN:
Q.

Do you know when the design that's

shown in the '889 patent was completed?

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MS. TAYLOR:

Same objection.

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THE WITNESS:

No, I don't.

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BY MR. KIDMAN:
Q.

You see that you're a named inventor of

the design shown in the '889 patent; correct?
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