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
Page 1
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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
TSG Reporting - Worldwide
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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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877-702-9580
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Page 93
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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.
13
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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5
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
877-702-9580
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