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 5

Highly Confidential - Attorneys' Eyes Only

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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;

)

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SAMSUNG ELECTRONICS AMERICA,

)

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INC., a New York corporation;

)

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SAMSUNG TELECOMMUNICATIONS

)

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AMERICA, LLC, a Delaware

)

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limited liability company,

)

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Defendants.

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)
)

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HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
VIDEOTAPED DEPOSITION OF EUGENE WHANG

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THURSDAY, OCTOBER 27, 2011

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REPORTED BY:

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JANIS JENNINGS, CSR 3942, CLR, CCRR
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EUGENE ANTONY WHANG,

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The deponent herein, was sworn and

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testified as follows:

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EXAMINATION
BY MS. NEILL:

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Q.

Good morning.

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A.

Good morning.

9

Q.

So can you please state your full name for

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the record.

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A.

Yep.

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Q.

Okay.

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A.

Eugene, E-u-g-e-n-e; Antony, A-n-t-o-n-y;

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Eugene Antony Whang.
And can you please spell that.

and Whang, W-h-a-n-g.

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Q.

And have you ever gone by any other name?

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A.

No.

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Q.

And, Mr. Whang, where do you currently

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reside?

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A.

In San Francisco.

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Q.

Can you give me address, please.

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A.

Yep.

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Q.

And that is San Francisco, California?

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A.

Yes.

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Q.

Okay.

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A.

Yes.

77 Oakwood Street.

And are you currently employed?

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now.

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BY MS. NEILL:

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Q.

How is -- how is that one different?

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A.

I've only got one view of the image here,

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so it's hard to -- it's hard to really comment.

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Just, you know, it has an Apple logo.

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"iPod."

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I'm not sure if it's plastic or glass or what.

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looking at that view, to me, it looks quite a bit

It says

The plastic appears to be a lighter color.

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different.

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Q.

But

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13
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Would seeing these images in color help

your understanding and your recollection?
A.

They might.

Color or high resolution or

the actual model.

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MS. NEILL:

Sorry.

I'm going to go back

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to saying what I was entering as an exhibit.

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is APL NDC-NCC00000208 through 215.

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BY MS. NEILL:

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Q.

1074

So do these images also reflect the

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exercise you were referring to using the design

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language of another company?

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MR. HUNG:

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THE WITNESS:

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Vague.

It seems to be of -- of --

of the same exercise.

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Objection.

BY MS. NEILL:
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Q.

And based on the images you have in front

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of you now, is there anything else you see that

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reflects the Sony design language?

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A.

Well, on 214 near the back, there's, I

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think, an image of a variation that was maybe in the

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last document that you showed me, and that seems to

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have, like, a barrel on the top with a camera and

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some kind of feature around the circumference of the

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barrel that shows some kind of grip.

That -- that

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is kind of like a -- that kind of reminds me of,

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like, a -- of an old Sony, you know, HD camera or

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digital video recorder.

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Q.

So at the time that these were created,

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was there anything else that reflected the Sony

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design language?

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A.

No.

And this was -- I kind of remember it

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happening, but it was mainly -- I think I remember

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Shin kind of doing this exercise, as being someone

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who had worked in Japan before and being Japanese.

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And so I don't recall many conversations

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about -- about this exercise.

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somewhat of a -- kind of a -- I mean, not a joke, I

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would say, but it was -- it was kind of like a

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playful exercise, which you can see on --

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represented on page 212.

I mean, it was

You can see that the

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"J" -- the "S" in "Sony" has been replaced by a "J"

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for "Jony," so it was kind of more of a playful kind

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of thing.

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Q.

So were these designs intended to reflect

the Sony design language at the time?

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MR. HUNG:

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THE WITNESS:

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Misstates.

I'm not sure what they were

meant to reflect.

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Objection.

BY MS. NEILL:

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Q.

Do you know if they were intended as an

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exercise to see what the Sony design language might

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become?

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MR. HUNG:

Calls for

speculation.

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Foundation.

THE WITNESS:

I don't know.

BY MS. NEILL:

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Q.

Who would know?

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A.

I'm not sure.

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MS. NEILL:

Maybe Shin.

Okay.

break, and then I will check my notes, and then --

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MR. HUNG:

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THE VIDEOGRAPHER:

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I think we can take a

Okay.
We are off the record

at 1:34 p.m.

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(Off the record.)

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THE VIDEOGRAPHER:
TSG Reporting - Worldwide

We are back on the
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