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

Filing 1429

OPPOSITION to ( 1420 MOTION TO ENFORCE COURT ORDERS REGARDING SONY DESIGNS ) filed by Samsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Attachments: # 1 Declaration of Curran M. Walker, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13)(Maroulis, Victoria) (Filed on 7/28/2012) Modified text on 7/30/2012 (dhm, COURT STAFF).

EXHIBIT 9

Confidential Business Information Pursuant to Protective Order

Page 1
1

UNITED STATES INTERNATIONAL TRADE COMMISSION

2

WASHINGTON, D.C.

3
4
5

In the Matter of:

6

CERTAIN ELECTRONIC DIGITAL
MEDIA DEVICES AND COMPONENTS

7

Inv. No.

337-TA-796

THEREOF
____________________________/

8
9
10
11

CONFIDENTIAL BUSINESS INFORMATION

12

PURSUANT TO THE PROTECTIVE ORDER

13
14
15

VIDEOTAPED DEPOSITION OF DOUGLAS SATZGER

16

SAN FRANCISCO, CALIFORNIA

17

THURSDAY, FEBRUARY 9, 2012

18
19
20
21
22
23

BY:

24

CSR LICENSE NO. 9830

25

JOB NO. 45787

ANDREA M. IGNACIO HOWARD, CSR, RPR, CCRR, CLR

TSG Reporting - Worldwide

[phone]

Confidential Business Information Pursuant to Protective Order

Page 6
1

MR. ZELLER:

2

MR. HALL:

3

MR. DAVIS:

4

MR. HUNG:

5

THE WITNESS:

6

THE VIDEOGRAPHER:

7

Will the court reporter please administer the

8

Mike Zeller for Samsung.
Scott Hall for Samsung.
Derek Davis here for the witness.
Richard Hung for Apple.
Doug Satzger.
Thank you.

oath, and we may proceed.

9
10

DOUGLAS SATZGER,

11

having been sworn as a witness

12

by the Certified Shorthand Reporter,

13

testified as follows:

14
15

EXAMINATION BY MR. ZELLER

16

MR. ZELLER:

Q.

Good morning.

17

A

Good morning.

18

Q

If you could please state your full name for

19

the record.

20

A

Douglas Bernard Satzger.

21

Q

And where do you currently reside?

22

A

California, Menlo Park.

23

Q

And are you currently employed?

24

A

Yes.

25

Q

What's your current job?
TSG Reporting - Worldwide

[phone]

Confidential Business Information Pursuant to Protective Order

Page 193
1

you're referring to?

2

A

Yes.

3

Q

And then if you take a look at Exhibit 2,

4

you'll see that there are a couple of more pages of

5

CAD drawings, as well as a file listing.

6

A

Yes.

7

Q

And then with respect to those two pages of

8

CAD images that are a part of Exhibit 2, do you also

9

recognize those as early iterations of the mobile

10

phone?

11

A

Yes.

12

Q

And I take it at some point the decision was

13

made not to go with the -- the design or the -- the

14

hardware that's shown here in Exhibits 1 and 2?

15

A

Yes.

16

Q

And -- and why -- what was the -- the reason

17

for that --

18

MR. HUNG:

19

MR. ZELLER:

20

MR. HUNG:

21

THE WITNESS:

Objection.
Q.

-- this change in direction?

Objection; foundation.
My recollection of it was that

22

to get the extruded aluminum design that was applied

23

to the iPod to work for the iPhone, there were too

24

many added features to allow it to be comfortable and

25

to work properly.
TSG Reporting - Worldwide

[phone]

Confidential Business Information Pursuant to Protective Order

Page 194
1
2
3

MR. ZELLER:

Q.

And if you can please tell

me what you mean by that?
A

If you put an iPod up to your ear, the sharp

4

edges, because of the processes, aren't comfortable,

5

and you can't get antennas to work properly in a fully

6

enclosed metal jacket.

7

So each one of those things needed to apply

8

other features that started.

9

the initial concept compared to this one, there's a

10

lot more features than this, and there's a lot more

11

parts so...

12

Q

I mean, if you look at

And so as a result, this phone design shown

13

in Exhibits 1 and 2 that we're talking about here to

14

the Stringer declaration would be more complicated to

15

manufacture, more prone to break, and all the other

16

kinds of disadvantages that having a more complex

17

product involved?

18

MR. HUNG:

19
20
21
22

Objection; calls for expert

opinion; mischaracterizes prior testimony.
THE WITNESS:

I -- from a design point of

view, it was a lot more challenging.
MR. ZELLER:

Q.

And from your understanding,

23

is having a more complicated product of that kind also

24

more challenging or expensive from a manufacturing

25

standpoint"?
TSG Reporting - Worldwide

[phone]

Confidential Business Information Pursuant to Protective Order

Page 195
1
2

MR. HUNG:

hypothetical; calls for an expert opinion.

3
4

Objection; vague; incomplete

MR. ZELLER:

Q.

standpoint?

5

MR. HUNG:

6

THE WITNESS:

7

Same objections.
I can't -- no, I wouldn't say

so.

8
9

Or from a reliability

MR. ZELLER:

Q.

You just don't know one way

or another?

10

A

I don't know, yes.

11

Q

And when you say from a design point of view

12

it was a lot more challenging, it was for those

13

reasons you mentioned earlier?

14
15

MR. HUNG:

Objection; vague; asked and

answered; mischaracterizes.

16

THE WITNESS:

17

MR. ZELLER:

Yes.
Q.

And you mentioned that it

18

was more difficult to get the antenna, for example, to

19

work in a fully enclosed jacket of the kind that's

20

shown here in Exhibits 1 and 2?

21

A

Yes.

22

Q

Do you recall, was there testing that you saw

23

or that you heard about being done that -- that backed

24

that up?

25

A

Yes.
TSG Reporting - Worldwide

[phone]

Confidential Business Information Pursuant to Protective Order

Page 196
1

Q

And then also you mentioned that another

2

aspect of this design that was shown in Exhibits 1 and

3

2 to the Stringer declaration is, is that by having

4

those sharper edges, it's just not as comfortable up

5

against the user's ear?

6

A

Yes.

7

Q

Were there other reasons why this was not as

8

comfortable from the -- the user perspective?

9

MR. HUNG:

Objection; vague; foundation.

10

THE WITNESS:

11

MR. ZELLER:

Not that I recall.
Q.

And I take it that people

12

within industrial design thought that -- that lack of

13

comfort, having something with the sharp edges up to

14

someone's ear or up next to their head was a -- was a

15

reason not to go with this design?

16
17

MR. HUNG:

Objection; foundation; calls for

speculation.

18

THE WITNESS:

I think that the solutions that

19

lent themselves to make it more comfortable were not

20

good for the overall design, the extruded shape.

21

MR. ZELLER:

Q.

And what were those -- those

22

solutions or potentially solu- -- potential solutions

23

you're referring to?

24
25

A

If you look at the -- there's no number on

this page, but under Exhibit 2, the second page of
TSG Reporting - Worldwide

[phone]

Confidential Business Information Pursuant to Protective Order

Page 197
1

images where all the images are, the parts on top and

2

bottom have a radius on them.

3

design point of view, detracts a lot from why you use

4

those materials and what the intent was originally.

And those, from a

5

If you look at the first exhibit, those edges

6

are sharp, which represents the manufacturing process

7

that we were familiar with with doing the iPods, and

8

the design intent was that you -- you cut and you put

9

a few holes into a metal extrusion without doing too

10

much to it, you know.

11

From my point of view, the first design is

12

actually very nice.

13

overworked.

14
15

So Steve did not like the solutions.

MR. ZELLER:
Q

The second design is way

And I see.

So if I -- Exhibit 1 represents at least one

16

iteration of the design and then Exhibit 2 shows

17

further revisions to that design --

18

A

Yes.

19

Q

-- that were made in order to try and address

20

these issues you were talking about in terms of

21

comforts and -- and having the antenna work --

22

A

Uh-huh.

23

Q

-- is that right?

24

A

Yes.

25

Q

And then once you got to, and you and the
TSG Reporting - Worldwide

[phone]