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 3

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UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, D.C.
In the Matter of
)
)
CERTAIN ELECTRONIC DIGITAL )
Inv. No. 337-TA-796
MEDIA DEVICES AND
)
COMPONENTS THEREOF
)
)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
APPLE INC., a California
) CIVIL NO. 11-CV-01846-LHK
corporation,
)
)
Plaintiff,
)
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vs.
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SAMSUNG ELECTRONICS CO.,
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LTD., a Korean business
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entity; SAMSUNG ELECTRONICS )
AMERICA, INC., a New York
)
corporation; and SAMSUNG
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TELECOMMUNICATIONS AMERICA, )
LLC, a Delaware limited
)
liability company,
)
)
Defendants.
)
)

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CONFIDENTIAL BUSINESS INFORMATION
HIGHLY CONFIDENTIAL ATTORNEYS' EYES ONLY
VIDEOTAPED DEPOSITION OF SHIN NISHIBORI
MAY 2, 2012
HONOLULU, HAWAII
TSG JOb # 49110
Reporter: ADRIANNE IGE KURASAKI
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AYANO NISHIMURA,

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called as the official interpreter for

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the witness, being first duly sworn to interpret

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the following testimony from English to

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Japanese and from Japanese to English.

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SADAAKI MATSUTANI,
called as a check interpreter for

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the witness, being first duly sworn to check

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the following testimony from English to

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Japanese and from Japanese to English.

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SHIN NISHIBORI,

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called as a witness on behalf of

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Defendants and Counterclaim Plaintiffs,

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Samsung Electronics Co., Ltd., Samsung

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Electronics America, Inc., and Samsung

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Telecommunications, LLC, being first duly

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sworn to tell the truth, the whole truth, and

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nothing but the truth, was examined and

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testified as follows:

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EXAMINATION

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BY MR. ZELLER:

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Q

Good morning.

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A

Good morning.

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Q

If you could please tell us your full

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name for the record.
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Q

Was that the end of your answer or was

there more you were going to add?
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10:20AM

Your question was, "Did you design the

first iPhone?"

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10:20AM

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10:20AM

And my answer will be:

I was involved

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in the project of making the first iPhone.

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However, I did not design the actual iPhone that

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came out.

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And also, I'd like to add that I was not

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in the -- I didn't belong to the project team.

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However, I participated in a meeting or

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brainstorming that would cast out the ideas and

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talk about it.

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I was there.

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Q

What do you mean by "the project team"?

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A

In order to develop a project, there's a

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leader and then there's some people underneath

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or something like that, and to create some type

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of group to do the development.

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be the core group of the development.

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like to say that I was not in that group.

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THE CHECK INTERPRETER:

And that will
So I'd

Proposed

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correction:

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is a leader and there are several team --

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project team members, depending on the project.

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I don't know how many people would be in the

10:22AM

"In developing the product, there

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team.

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the main group to work on this.

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manner, the product development is conducted.

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What I'm saying is I was not in that group."

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BY MR. ZELLER:

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Q

However, these people became -- become
And in such a

Were you one person who contributed to

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10:22AM

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the look of the hardware or the exterior of the

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first iPhone?

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A

I do not know.

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Q

Were you one of the Apple designers who

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contributed to the look of the hardware or the

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exterior of any generation of iPhone?

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MS. TAYLOR:

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(Whereupon, the Interpreter translates.)

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Go ahead.

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MS. TAYLOR:

Objection.

Vague and

ambiguous.

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INTERPRETED ANSWER:

So there's an

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objection and...

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BY MR. ZELLER:

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Q

You should answer the question.

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A

I do not know.

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Q

Is there any generation of iPhone that

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you can say you were an Apple designer who

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contributed to the look of?

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(The Check Interpreter speaks in Japanese.)
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MS. TAYLOR:

Wait.

Objection.

Vague

and ambiguous.

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INTERPRETED ANSWER:

It was not the

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product that I was leading, so I do not have the

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knowledge or -- or I don't understand how my

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design contributed to the final project.

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However, in the course of designing the

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project, I made the model that changed the flow

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of direction that -- which triggered to change

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the flow.

So, although it was not a final

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project, I think that I can say that I was

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involved in the project.

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THE CHECK INTERPRETER:

The lead

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interpreter said "project" or "final project"

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twice.

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THE INTERPRETER:

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product.

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Final -- final

Final product.

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I'm sorry, let me make the correction.

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THE CHECK INTERPRETER:

Proposed

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correction:

There were two instances of that.

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It should be incorporated in -- the correction

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should be made for the whole answer.

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"In the course of coming up with the

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product, I did make a model or models that --

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that changed the -- that triggered the change in

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the course.

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However, I did -- I can say I did affect the

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flow of the project as a result."

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BY MR. ZELLER:

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Q

So it was not in the final product.

And the project that you're referring to

here is the first iPhone project?
A

So when you said the word "project,"

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that means that the project that I had my

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influence on; correct?

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Q

Correct.

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A

That is the first iPhone.

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MR. ZELLER:

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Let's please mark as

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Exhibit 1 a series of images, CAD images along

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with file path information produced by Apple.

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And, for the record, this was previously

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identified as Exhibit 1172.

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(Exhibit No. 1 marked for identification.)
BY MR. ZELLER:
Q

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10:29AM

Do you recognize the images that are

shown here on Exhibit 1?

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A

Yes.

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Q

And is this a representation of a design

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that became a model that you were referring to

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that changed the flow or course of the first

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iPhone project?

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just don't have a clear memory one way or

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another whether anyone else was on the e-mail?

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A

Yes.

But one thing I'd like to point

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out is that nobody was on this project --

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rather, it's not a project.

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Sony story.

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It is a Sony thing.

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Nobody else was involved.

So I just

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assumed that nobody else is involved or heard

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anything or involved in the e-mail.

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But I

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didn't really -- I do not really see the actual

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e-mail myself, so I don't -- I can't answer

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hundred percent.

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Q

Did you actually type up the e-mail to

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Mr. Ive and send it to him or did someone else

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do that?

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Myself.

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Q

Do you recall about how much time passed

I did it myself.

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between the time you got the general direction

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from Mr. Ive to do this work and then when you

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came up with these CAD images that are

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Exhibits 1 and 2?

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Yes.

Yes, from the idea to the

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completion of the sketch, it probably took

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between one week to ten days.

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than ten days.

I would say less

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And the reason is that -- that I was

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trying to accelerate the process was that

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Jonathan Ive was on business trip and I wanted

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to finish creating the model before he returns.

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So I was sending him e-mails and then I -- and

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then I got his confirmations.

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very short turnaround time, I sent the model to

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the outsourcing company to make it and then

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completed it.

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Q

And then from the

At the time when Mr. Ive gave you the

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general direction, were you familiar with Sony

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designs?

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A

Part of the reason is that I worked for

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Panasonic for nine years.

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my employment, for four and a half years, I was

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involved in the audio division.

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me, I have a respect for Sony products.

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had some image in my head about what Sony

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products are; so, for example, switches or

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things like that that's specific to Sony.

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And my latter half of

And a part of
And I

So -- but roughly, what I included in

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this drawing is what if -- what would Sony would

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do -- what would Sony do.

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shuttle or the buttons and layout and how the

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brand is placed on and so forth.

11:28AM

For example, the jog

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(The Check Interpreter speaks in Japanese.)

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"So based on my

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recollection, I put in what Sony would do in my

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image that I had in mind.

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details."

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BY MR. ZELLER:

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THE CHECK INTERPRETER:

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Q

I put in the

When you worked for Panasonic, was that

in Japan?

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A

Yes.

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Q

And what years did you work for

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Panasonic?

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From April 1989 to March 1998.

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Q

And then after that, did you work for

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other companies as a designer?
A

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No, as a freelance designer.

I launched

my own company.
Q

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11:30AM

So then you were a freelance designer

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with your own company starting from March of

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1998?

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A

No.

For one year, this is my personal

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matters.

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Panasonic is that -- because I wanted to do

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design or work as a designer.

So for one year,

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I did not do anything, just anything to do with

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design.

11:31AM

But the reason I resigned from

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WITNESS CERTIFICATE

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I, SHIN NISHIBORI, do hereby certify

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that I have read the foregoing pages, inclusive,

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and corrections, if any, were noted by me; and

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that same is now a true and correct transcript

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of my testimony.

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Dated ______________________________________

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______________________________________
SHIN NISHIBORI

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Signed before me this _________
day of __________________________, 20_______.

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____________________________________________

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Certain Electronic Digital Media Devices, Case 337-TA-796/
Apple Inc. v Samsung Electronics Company, Ltd., et al.,

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Civil No. 11-CV-01846
Videotaped Deposition of SHIN NISHIBORI

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Taken on May 2, 2012

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CERTIFICATE

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I, ADRIANNE IGE KURASAKI, C.S.R., in and for the
State of Hawaii, do hereby certify:
That on Wednesday, May 2, 2012, at 10:03 a.m.,
appeared before me SHIN NISHIBORI, the witness whose
testimony is contained herein; that, prior to being
examined, the witness was by me duly sworn or affirmed;
that the proceedings were taken down by me in computerized
machine shorthand and were thereafter reduced to print
under my supervision; that the foregoing represents, to
the best of my ability, a true and correct transcript of
the proceedings had in the foregoing matter.

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I further certify that I am not counsel for any of
the parties hereto, nor in any way interested in the
outcome of the cause named in the caption.

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This 57-page Deposition of SHIN NISHIBORI, dated
May 2, 2012, was subscribed and sworn to before me this
2nd day of May, 2012, in the First Circuit of the State of
Hawaii, by Adrianne Ige Kurasaki.

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______________________________________
Adrianne Ige Kurasaki, CSR 388
State of Hawaii

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NAME OF CASE:

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DATE OF DEPOSITION:

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Reason Codes:

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To clarify the record.

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To conform to the facts.

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To correct transcription errors.

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