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).
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IN THE UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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APPLE, INC., a California
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corporation,
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Plaintiff,
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-vs-
No. 11-CV-01846-LHK
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SAMSUNG ELECTRONICS CO., LTD.,
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a Korean business entity; et al.,
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Defendants.
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VIDEOTAPED DEPOSITION OF MICHAEL TCHAO
CONFIDENTIAL - ATTORNEYS' EYES ONLY
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REDWOOD SHORES, CALIFORNIA
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TUESDAY, FEBRUARY 21, 2012
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Reported by: LOUISE MARIE SOUSOURES, CSR NO. 3575
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Certified LiveNote Reporter
Job # 46145
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Q.
Any other negative feedback from the consumer
research reports regarding the original iPad?
A.
Other than the ones we've already discussed,
no, not that I can recall.
Q.
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11:19
11:19
11:19
I asked you about consumer feedback from the
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consumer research -- from the consumer research
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reports regarding iPad 2 and you've listed a number of
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things that sounded like they were -- it was negative
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feedback.
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I want to ask you specifically about iPad 2,
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what do you recall from the consumer research reports
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regarding positive feedback regarding iPad 2?
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A.
Again, with iPad 2, some of the same things
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that consumers -- iPad 1 users were positive about
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were similarly positive for iPad 2.
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Big beautiful screen, thin, light, portable,
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easy and fun to use.
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iPad -- iPad 2 users saw their iPads as their
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preferred device for doing many tasks including
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checking e-mail and web browsing and using apps.
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Q.
Recent survey discussed that
Any other positive feedback from the consumer
research reports that you recall regarding iPad 2?
A.
I think the variety and quality of apps was
mentioned by a number of consumers as positive.
Q.
Anything else?
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A.
That's what I can recall.
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Q.
With respect to iPad 2, do you recall any
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consumer feedback concerning the size of the product?
A.
Again, size, weight, thinness were all
discussed as positive attributes of the product.
Q.
Do you recall any feedback about iPad 2 being
comfortable to hold?
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A.
Yes.
11:23
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Q.
What do you recall --
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A.
I believe in some of the verbatims, customers
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discussed about iPad 2 being comfortable to hold.
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Q.
What do you recall about that?
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A.
Just that.
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Q.
Did they attribute the comfort to hold to
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anything in particular?
A.
11:23
Other than that the iPad 2 was comfortable to
hold and that was a positive attribute of the product.
Q.
Do you think the iPad 2 is comfortable to
hold?
A.
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Yes, I believe the iPad 2 is comfortable to
hold.
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Q.
What do you attribute that to?
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A.
I believe both the physical design of the
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product, the weight of the product.
Q.
Anything else?
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A.
I think that would be -- those would
encompass it.
Q.
11:24
What about the physical design of the product
makes it comfortable to hold?
A.
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The shape of the back housing, the area of
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the -- around the screen, the bezel around the screen,
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the weight of the product and the distribution of that
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weight, the balance of the product.
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Q.
Anything else?
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A.
The materials that the product is made of.
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Q.
Would your answer be the same if I asked you
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the same question about the original iPad?
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A.
Yes.
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Q.
What is it about the bezel -- first of all,
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when you say "bezel," what are you referring to?
A.
In this particular respect, the bezel I'm
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referring to the black area or the -- around the
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screen, that is the -- the area around the screen, I
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guess is probably the best way to describe it.
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Q.
The black border that surrounds the active
area of the screen?
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A.
That's correct.
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Q.
What is it about that black border around the
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active area of the screen that in your view adds to
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the comfort to holding the iPad?
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A.
It provides an area for your hand to rest
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without activating the screen while you're holding the
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device.
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Q.
What is it about the what you refer to as the
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housing -- first of all, when you say the housing of
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the device, what are you referring to?
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I'm referring specifically to what also might
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be called the back case of the product, the -- in the
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case of iPad and iPad 2, the aluminum enclosure that
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makes up the back of the product.
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A.
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Q.
What is it about the shape of the housing
that makes the iPad easy to hold, in your view?
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A.
The curve of the housing, so no sharp areas
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contact your hand, the smooth contour of it, and
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texture of the material that makes it easy to hold on
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to.
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Q.
Does the rectangular shape of the iPad
contribute to the ease with which it can be held?
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MS. TAYLOR:
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THE WITNESS:
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the question again?
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Objection, it's vague.
Does the -- could you repeat
BY MR. KIDMAN:
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Q.
Sure.
I'm sorry.
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Would you agree that the general shape
of the iPad is rectangular?
A.
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The iPad and iPad 2 are rectangular in shape,
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yes.
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Q.
Do you think that rectangular shape
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contributes to the ease with which it can be held?
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MS. TAYLOR:
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THE WITNESS:
Objection, it's vague.
I believe the shape of the iPad
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does contribute to its being easy to hold.
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BY MR. KIDMAN:
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Q.
How about -- would you agree that both the
iPad and the iPad 2 have rounded corners?
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A.
By corners, what are you referring to?
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Q.
If you look at the iPad sort of from the top
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view, the corners appear rounded.
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Would you agree with that?
A.
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Yes, both iPad and iPad 2 feature rounded
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corners if you look at it from the top down.
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Q.
As opposed to pointed corners?
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A.
Yes, as opposed to pointed corners.
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Q.
Do you think the rounded corners of the iPad
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and the iPad 2 contribute to the ease with which it
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can be held?
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MS. TAYLOR:
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THE WITNESS:
Objection, it's vague.
I'm not sure the rounded
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corners contribute to it being easy to hold.
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BY MR. KIDMAN:
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Q.
In your view, is there any advantage from a
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user's point of view to having the rounded corners as
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opposed to, say, pointed corners?
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A.
I can certainly imagine that rounded corners
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would be preferable to certain other shapes of corners
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in a product like an iPad.
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Q.
Why is that?
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A.
Well, again, I have to compare it to
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something specific in order to answer that question,
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but as an example, if a corner of a product were made
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to be sharp, it could be painful to hold.
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Q.
Anything else that comes to mind?
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A.
That's just a specific example.
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Q.
Any other examples that come to mind?
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A.
Not readily.
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MR. KIDMAN:
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to change the tape.
Okay.
We need to take a break
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THE WITNESS:
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THE VIDEOGRAPHER:
Okay.
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This marks the end of disk
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number 1 to the videotaped deposition of Michael
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Tchao.
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The time is 11:29 a.m., we are off the
record.
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(Recess taken.)
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THE VIDEOGRAPHER:
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This marks the beginning
of disk number 2 to the videotaped deposition of
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Michael Tchao, the time is 11:40 a.m., we are back on
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the record.
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BY MR. KIDMAN:
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Q.
In the consumer research reports that you've
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seen, have you seen any consumer feedback, positive or
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negative, on the rectangular shape of the iPad or the
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iPad 2?
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A.
Not specifically the rectangular shape.
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Q.
When you say "not specifically the
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rectangular shape," what do you mean?
A.
As I mentioned, the research does discuss
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people having positive comments about the design, the
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size of the product.
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I don't believe the term rectangular shape is
in the research.
Q.
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In the consumer research reports you've seen,
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have you seen any consumer feedback on the rounded
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corner of the iPad or iPad 2?
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A.
Not specifically.
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Q.
When you say "not specifically" --
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A.
I can recall no specific mentions of rounded
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corners in any of the consumer feedback that I've
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read.
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Q.
In the consumer research that you've seen,
have you seen any consumer feedback on the black
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consumers?
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A.
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Yes, we believe that it was for both iPad 1
and for iPad 2.
Q.
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And why do you believe that to be an
important feature for consumers?
A.
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Because it speaks to its portability and
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because of its small size, it's able to be taken from
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place to place more easily.
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Q.
A thinner tablet's easier to transport or
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carry around, is that your understanding?
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consumers view it that way?
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A.
Do
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Our belief is -- well, prior to the iPad,
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tablet PCs were thick and heavy and so we wanted to
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contrast iPad to those tablets, PCs that came before.
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Q.
And what benefits are there to consumers from
the iPad being thinner than what came before it?
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MS. TAYLOR:
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THE WITNESS:
Calls for speculation.
Our belief was -- the reason
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why we wanted to distinguish ourselves from those
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tablet PCs was because we felt the thinner, lighter
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iPad would be more portable and therefore be used in
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more situations and -- more readily than previous
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tablet PCs which had not seen much success.
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BY MR. KIDMAN:
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Q.
Do you believe that the flat screen that
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covers the front face of the iPad is an important
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feature to consumers?
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MS. TAYLOR:
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THE WITNESS:
Objection, it's vague.
I'm not sure I understand the
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question.
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BY MR. KIDMAN:
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Q.
Would you describe the iPad as having a flat
front surface?
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A.
Yes.
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Q.
And would you describe that flat front
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surface as covering the front of the iPad?
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MS. TAYLOR:
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THE WITNESS:
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aspect of the front?
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specifically?
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referring to.
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BY MR. KIDMAN:
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Q.
Objection, it's vague.
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Again, you're referring to what
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The entire front or the screen
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I'm not sure I understand what you're
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How would you describe the front surface of
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the iPad?
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A.
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So the front surface of the iPad is a -- is a
piece -- a flat piece of glass.
Q.
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And would you describe that flat piece of
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glass that makes up the front surface of the iPad as
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an important feature to consumers?
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MS. TAYLOR:
Objection, it's vague.
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THE WITNESS:
I'm not sure I know whether
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it's an important feature to consumers.
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BY MR. KIDMAN:
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Q.
Would you agree that the design of the iPad
defers to the screen?
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MS. TAYLOR:
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THE WITNESS:
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Objection, vague.
I would say -- we have said and
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I would say that the iPad is primarily screen.
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BY MR. KIDMAN:
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Q.
And why is that?
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A.
Because in our design, we have stripped away
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those other attributes -- those aspects of design and
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function from the front of the device so that you just
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can focus on the screen.
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Q.
And why do you want users to focus on the
screen?
A.
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Because on the iPad, they interact with their
information through the screen.
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Q.
Through the multi-touch features?
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A.
That's correct.
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Q.
So for that reason is it important to have a
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large screen area?
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MS. TAYLOR:
Objection, it's vague.
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THE WITNESS:
There are multi-touch
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devices -- in fact, we ship multi-touch devices that
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have smaller screens.
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BY MR. KIDMAN:
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Q.
What would be an example of that?
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A.
The iPhone has a three and a half inch
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screen, it's multi-touch.
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multi-touch device.
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Q.
It was our first
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Does Apple do any research of competitive
product?
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MS. TAYLOR:
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THE WITNESS:
Objection, it's vague.
We do study competitive
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products from time to time.
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BY MR. KIDMAN:
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Q.
For what purpose?
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A.
There are a range of purposes that we look at
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competitor products.
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Q.
And what would those reasons be?
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A.
One reason might be to answer questions that
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the press might ask about our product relative to the
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competition.
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Q.
Any others?
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A.
Another reason might be to determine what
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features should be in future products or to benchmark
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our product against other products.
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Q.
Any others?
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A.
Another reason might be to determine if a
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