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
TSG Reporting - Worldwide
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