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 4

Highly Confidential - Outside Counsel's Eyes Only

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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APPLE INC., a California
corporation,

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Plaintiff,
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vs.

CASE NO.

11-cv-01846-LHK

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SAMSUNG ELECTRONICS CO.,
LTD., a Korean business
entity; SAMSUNG ELECTRONICS
AMERICA,INC., a New York
corporation; SAMSUNG
TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited
liability company,
Defendants.
____________________________/

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H I G H L Y
C O N F I D E N T I A L
O U T S I D E C O U N S E L O N L Y

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VIDEOTAPED DEPOSITION OF CHRISTOPHER STRINGER
REDWOOD SHORES, CALIFORNIA
FRIDAY, NOVEMBER 4, 2011

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BY: ANDREA M. IGNACIO HOWARD, CSR, RPR, CCRR, CLR
CSR LICENSE NO. 9830
TSG JOB NO. 43706
TSG Reporting - Worldwide

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themselves for the record.

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MR. ZELLER:

Mike Zeller for Samsung.

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MR. JACOBS:

Michael Jacobs from Morrison &

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Foerster for Apple.

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Apple Legal.

With me is Cyndi Wheeler from

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THE VIDEOGRAPHER:

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Will the reporter please swear the witness.

Thank you.

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CHRISTOPHER STRINGER,
having been sworn as a witness,
by the Certified Shorthand Reporter,

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testified as follows:

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THE VIDEOGRAPHER:

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Please proceed.

Thank you.

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EXAMINATION BY MR. ZELLER
MR. ZELLER:

Let's please mark as

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Exhibit 1161 the Reply Declaration of Christopher

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Stringer in Support of Apple's Motion for Preliminary

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Injunction.

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(Document marked Exhibit 1161
for identification.)
MR. ZELLER:

Q.

Please let me know when

you've reviewed 1161.
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collection of field CAD drawings.

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(Document marked Exhibit 1172

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for identification.)

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THE WITNESS:

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MR. ZELLER:

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Okay.
Q.

Do you recognize anything

that's depicted here in Exhibit 1172?

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A

Yes.

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Q

What do you recognize these as?

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A

I recognize an exercise that Shin Nishibori

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worked on.

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indicate it was in '06, March of '06.

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Q

I do not recall when, but the dates would

And even though you don't recall, as you've

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said, is there any reason for you to think it was not

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in the 2006 time period?

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A

No.

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Q

Did you work on this project yourself?

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A

This is an exercise.

I see that as distinct

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from a project.

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abstract portion of a project, that being the iPhone.

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Q

It could be considered as to be some

I'm happy to call it either.

So just so we

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have -- we understand we're talking about the same

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thing.

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on this design work that was done that pertained in

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particular to these designs that are shown here in

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Exhibit 1172 with the name Sony on it, can you please

So whether it's exercise or project, focusing

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tell me generally what that -- what the purpose of

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that was.

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A

It was a -- just a fun exercise where Shin

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made an object resembling an iPhone that would --

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almost in a role-playing kind of way, what would Sony

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do if they were us?

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Q

Do you have an understanding -- and that's

the reason why Sony is -- is on this?

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A

Yeah.

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Q

Do you know who came up with the idea for

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It was fun.

this exercise?

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A

I do not recall.

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Q

Did you yourself prepare any designs or

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drawings that was part of this exercise?

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A

No.

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Q

Do you know if anyone other than

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Mr. Nishibori did?

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A

No.

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Q

Generally speaking, I take it you recognize

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the images here in Exhibit 1172 as filled in CAD

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drawings?

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A

Rendered, shaded, yes.

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Q

And do you know were any three-dimensional

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models created as part of the exercise that we're

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talking about?
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A

I believe so, but I am not absolutely

certain.
Q

Generally speaking, do you have a memory

of -- of seeing some kind of model or model number?

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A

Not sufficiently clear.

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Q

You're just not sure?

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A

Uh-huh.

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Q

I'm sorry.

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A

Yes.

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Q

Yeah.

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I can't recall.

You need to give an audible --

Okay.

Is there anything else that you remember
generally about this exercise?

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A

No.

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Q

Let me show you what was previously marked as

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Exhibit 751, which is a copy of United States design

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patent 622,270.

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A

Yes.

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Q

Do you recognize the '270 design patent as a

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design patent that you're a named inventor on?

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A

Yes.

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Q

And, generally speaking, do you recognize

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what -- what product or object is depicted here?

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A

The iPod Touch.

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Q

Was this the first iPod Touch?

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A

I think so.

Yes, I believe that is the case.

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J U R A T

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I, CHRISTOPHER STRINGER, do hereby certify

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under penalty of perjury that I have read the

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foregoing transcript of my deposition taken

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on November 4, 2011; that I have made such

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corrections as appear noted herein in ink,

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initialed by me; that my testimony as

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contained herein, as corrected, is true and

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correct.

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DATED this ____ day of _____________, 2011,

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at _____________________________, California.

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__________________________________

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SIGNATURE OF WITNESS

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CERTIFICATE OF REPORTER

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I, ANDREA M. IGNACIO HOWARD, hereby certify

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that the witness in the foregoing deposition was by me

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duly sworn to tell the truth, the whole truth, and

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nothing but the truth in the within-entitled cause;

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That said deposition was taken in shorthand

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by me, a Certified Shorthand Reporter of the State of

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California, and was thereafter transcribed into

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typewriting, and that the foregoing transcript

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constitutes a full, true and correct report of said

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deposition and of the proceedings which took place;

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That I am a disinterested person to the said
action.

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IN WITNESS WHEREOF, I have hereunto set my
hand this 4th day of November 2011.

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_______________________________________
ANDREA M. IGNACIO HOWARD, RPR, CCRR, CLR, CSR No. 9830

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TSG Reporting - Worldwide

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