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 6

Highly Confidential - Attorneys' Eyes Only

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
APPLE INC., a California
corporation,

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Plaintiff,

Case No.

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vs.

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,

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Defendants.
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HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY

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VIDEOTAPED DEPOSITION OF RICHARD HOWARTH
San Francisco, California
Monday, October 31, 2011

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REPORTED BY:
CYNTHIA MANNING, CSR No. 7645, CLR, CCRR
JOB NO. 43007
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reporter please swear in the witness.

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RICHARD HOWARTH,

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having first been duly sworn, testified

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as follows:

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THE VIDEOGRAPHER:

You may proceed.

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EXAMINATION
BY MR. ZELLER:

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Q.

Good morning.

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A.

Morning.

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Q.

If you could please state and spell your

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full name for the record for us.
A.

Richard Howarth.

R-I-C-H-A-R-D; Paul,

P-A-U-L; H-O-W-A-R-T-H.
MR. MONACH:

Before we get too far, I

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just want -- so I don't forget -- I'm sure we're

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going to do a lot of examination on documents that

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have been marked "Highly Confidential, Attorneys'

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Eyes Only."

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now we'd like to have the entire transcript

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designated as attorneys' eyes only.

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So rather than try to parse it out

And the witness reserves the right to
review and sign the deposition transcript.
Thank you.
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Q.

Who in the design studio worked on that

project?

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A.

This was designed by Shin Nishibori.

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Q.

I'm sorry, Shin?

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A.

Nishibori.

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Q.

If you could spell that for us, please.

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A.

N-I-S-H-I-B-O-R-I.

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Q.

Were there other designers in the design

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studio who worked on this project along with
Mr. Nishibori?

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MR. MONACH:

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foundation.

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Objection; lack of

BY MR. ZELLER:

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Q.

As far as you know?

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A.

In the design team we usually work on

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things together and as a team.

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This -- this was mainly Shin's focus for
a short-term.
Q.

And was it your understanding that the

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members of the design studio who worked on this

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project that we're discussing were assigned to do

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this ultimately by Steve Jobs?

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MR. MONACH:

Object to the form of the

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question as assuming facts not in evidence.

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Objection; lack of foundation.
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THE WITNESS:

I have no idea who asked

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for this, what you would call "a project."

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BY MR. ZELLER:

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Q.

How would you describe what Mr. Nishibori

was doing?

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A.

I think he was having a bit of fun.

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Q.

In what way?

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A.

I don't believe that this was an

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actual -- from my knowledge, I don't believe that

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this was an actual part of the iPhone project, and

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I think he was sort of doing something on his own.

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Q.

And why do you think he was doing it on

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his own as opposed to it being assigned by

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Mr. Jobs or Mr. Ive or somebody else?

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A.

I'm not sure.

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Q.

You don't know one way or another whether

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Mr. Nishibori was assigned to work on this; is

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that correct?

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A.

I don't know one way or another.

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Q.

Directing your attention to what's

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depicted here on the pages ending in 202 and

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203 -- and we're talking about Exhibit 1130.

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Do you think the design that's shown here

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is significantly different from the iPhone 4

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design?
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MR. MONACH:

Objection; lack of

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foundation, vague and ambiguous, incomplete

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hypothetical.

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To the extent it calls for a legal

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conclusion it's objectionable.

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THE WITNESS:

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I don't know.

BY MR. ZELLER:
Q.

You'll see, on the page ending 203, there

is the word "Sony"?

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A.

I do.

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Q.

Do you know why the word Sony is on this?

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MR. MONACH:

Objection; lack of

foundation.

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You can give your understanding.

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THE WITNESS:

I think -- I'm not exactly

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sure why the word Sony is on there.

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think that Shin was trying to imagine what Sony

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might do.

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BY MR. ZELLER:

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Q.

However, I

Was it your understanding that what

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Mr. Nishibori was doing was coming up with designs

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that were expressed in Sony design language?

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MR. MONACH:

Objection; vague, calls for

speculation.
THE WITNESS:

I'm not sure what Shin was

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