Apple Inc. v. Samsung Electronics Co. Ltd. et al

Filing 1440

OBJECTIONS to Apple's Opening Slides by Samsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (Attachments: # 1 Declaration of Diane C. Hutnyan, # 2 Exhibit 1)(Maroulis, Victoria) (Filed on 7/29/2012)

EXHIBIT 1

In The Matter Of:
CERTAINȱELECTRONICȱDEVICESȱINCLUDINGȱWIRELESS,ȱETȱAL.
ȱȱȱ___________________________________________________

SEUNGȬHOȱAHN
Marchȱ15,ȱ2012
ȱȱȱ_________________________________________________
ȱ

CONFIDENTIAL BUSINESS INFORMATION
SUBJECT TO PROTECTION ORDER

CONFIDENTIAL BUSINESS INFORMATION SUBJECT TO PROTECTIVE ORDER

SEUNG-HO AHN - 3/15/2012
Page 1
UNITED STATES INTERNATIONAL TRADE COMMISSION
WASHINGTON, D.C.

In the Matter of
__________________________
CERTAIN ELECTRONIC DEVICES
INCLUDING WIRELESS,
ET AL.,
__________________________

)
) Investigation
) No. 337-TA-794
)
)

"CONFIDENTIAL BUSINESS INFORMATION
SUBJECT TO PROTECTIVE ORDER"
VIDEOTAPED DEPOSITION OF SEUNG-HO AHN
Thursday, March 15, 2012
AT:

9:00 a.m.
Taken at:

Renaissance Seoul Hotel
Seoul, S. Korea

Court Reporter:
Jeanne Bullis
RPR, CSR

617-542-0039

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Page 2
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IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
APPLE INC., a California
corporation,

)
)
)
Plaintiff,
)
)
vs
) Case No.
) 11-cv-01846-LHK
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.
)
__________________________)
"CONFIDENTIAL - ATTORNEYS' EYES ONLY"
VIDEOTAPED DEPOSITION OF SEUNG-HO AHN

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Thursday, March 15, 2012
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AT:

9:00 a.m.

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Taken at:
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Renaissance Seoul Hotel
Seoul, South Korea

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Court Reporter:
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617-542-0039

Jeanne Bullis
RPR, CSR

Merrill Corporation - Boston
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A P P E A R A N C E S

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APPEARING ON BEHALF OF THE PLAINTIFF:
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JOSEPH MUELLER, ESQ.
Wilmer, Cutler, Pickering, Hale & Dorr, LLP
60 State Street
Boston, MA 02109
[phone]
[e-mail]

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APPEARING ON BEHALF OF THE DEFENDANT:
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THOMAS D. PEASE, ESQ.
Quinn, Emanuel, Urquhart & Sullivan, LLP
51 Madison Avenue
22nd Floor
New York, NY 10010
[phone]
[e-mail]

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INTERPRETERS:
Ted Kim - Main Interpreter
Ann Park - Check Interpreter

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ALSO PRESENT:
Brian Kim - Samsung

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VIDEOGRAPHER:
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Joe Cheung
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617-542-0039

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09:53:11

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A.

Yes.

09:53:12

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Q.

And this is 2000, when you graduated?

09:53:21

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A.

Yes.

09:53:22

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Q.

For how long did you work for that law firm?

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A.

I worked there for two years prior to

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graduation.

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there one, possibly up to two years.

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Q.

Where was this, which location?

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A.

San Jose, California.

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Q.

And what did you do after you completed your

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A.

I rejoined Samsung Electronics.

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Q.

And what was your position when you rejoined

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09:54:53

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09:54:56

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09:54:58

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09:55:12

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09:55:17

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Q.

For how long did you serve in that position?

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A.

Seven, eight years.

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eight years.

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Q.

And what was your next position?

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A.

Thereafter, I became the team leader for IP

617-542-0039

Subsequent to my graduation, I worked

work at this law firm?

Samsung?
A.

I was the team leader for the IP team at LCD

business division.
Q.

What were your responsibilities in that

position?
A.

I handled all aspects relating to patent

prosecution, license, for the LCD business division.

I'm not sure.

Say about

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strategy at the site which is Samsung Advanced

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Institute Of Technology.

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Q.

What were your responsibilities in that role?

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A.

It just had to do with the patent prosecution

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for the SAIT itself, as well as the common aspect or

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commonalities for, or the patents aspects throughout

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the SEC; that is, not just confined to any particular

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division.

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A.

I do not really know.

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Q.

You don't know?

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CHECK INTERPRETER:

09:58:07

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09:58:12

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09:58:25

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MR. PEASE:

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A.

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develop technology related to that particular business

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division, and so what's developed at the site is

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technology that is not related to any particular

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business division.

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617-542-0039

Q.

What types of technologies does Samsung

develop at the SAIT?

"I don't really know the

details."
Q.

Can you tell me at the high level the types

of technologies that SAIT develops?

Q.

Objection, vague.

Well, each of the business divisions would

It would be general scientific research, for

example?
A.

That would be an example as well.

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Q.

Can you think of other examples?

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A.

My understanding is that bio, biotechnology,

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09:59:50

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09:59:52

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period, you were also developing IP strategy for other

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business groups; is that right?

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A.

No.

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Q.

Did you have any duties that went beyond the

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duties of IP for the LCD business division.

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elaborate.

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business division.

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prosecution.

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for the LCD IP.

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A.

Correct.

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Q.

Were you doing anything else at the time you

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MR. PEASE:

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A.

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617-542-0039

is also carried out there.
Q.

And I believe you said that during this time

SAIT?
A.

Well, even then I still carried out the
Let me

I did not handle all aspects of IP for the LCD

Q.

That is, I did not handle patent

But I did handle license or licensing

So you kept your LCD licensing duties even

after you joined the SAIT?

were working with the SAIT?
Objection, vague.

No.

BY MR. MUELLER:
Q.

For how long did you work with the SAIT?

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10:02:21

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A.

A year, year and a half.

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Q.

And you began work there about, when was it,

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A.

I think that should be about right.

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Q.

Do you recall when you completed your work

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Q.

What did you do next?

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A.

Thereafter I became the head of the IP

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Q.

What is the IP center?

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A.

This is the place where it handles, or it

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oversees the general patent-related work for Samsung

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Electronics Company.

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Q.

All divisions?

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A.

Well, previously IP teams used to belong to

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each of the business divisions, but right now you can

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say that through the IP center, you are able to

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oversee all the aspects.

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Q.

When was the IP center created?

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A.

Once again, that would have been July or

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Q.

Were you the first head of the IP center?

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A.

Well, I'm the first head of the IP center in

617-542-0039

2009, 2010?

there, which year?
A.

That would have been either July or August of

2010, but I do not know exactly.

center, which I still do.

August of 2010, which I'm not quite certain.

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10:08:28

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A.

Yes.

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Q.

To whom do you report?

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A.

That is the CEO.

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Q.

And who directly reports to you?

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A.

There are four team leaders at the IP center.

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Q.

And just so the record is clear, I'm going to

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ask you to give each person's name, and let's start

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with the CEO.

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common spelling, but that's probably not the correct

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spelling.

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I don't know how it is spelled.

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fact that I was a doctor before, so -- all right.

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Call me Mr. Ahn.

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617-542-0039

licensing executive at Samsung?

A.

Q.

Surname is Choi, and first name Jiseong.

A

I myself -- I know that that is not it, but

No problem.

And could you name for me,

please, sir, the four team leaders that report to you?
A.

Seung-Geon Park.

Minhyung Chung.

Jaewan Ji.

Gijoong Kang.
Q.

And I should have asked this earlier, but do

you prefer Dr. Ahn or Mr. Ahn?
A.

Q.

(In English)

Anything's okay.

I forgot the

That's all right.

Thank you.

Mr. Ahn, what are your day-to-day

responsibilities today at the IP center?
A.

I think it would be difficult to pinpoint

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the industry patents relating to mobile

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telecommunications technology; correct?

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A.

Could you repeat that, please?

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Q.

Sure.

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the industry patents relating to mobile

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telecommunications technology; correct?

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patents relating to mobile telecommunications

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technology to companies in the industry?

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MR. PEASE:

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A.

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of the IP center, but I did not know of the work

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related to mobile business division, and after its

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establishment, there was that work for the mobile

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business as well as other areas of work.

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as I can recall, there has not been any such related

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work in terms of the mobile business division.

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what kind of work had been carried out in terms of the

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mobile business division, I do not know and I do not

617-542-0039

BY MR. MUELLER:
Q.

Well, Samsung has licensed to companies in

MR. PEASE:
A.

Samsung has licensed to companies in

Objection, vague.

I do not really know, not exactly.

BY MR. MUELLER:
Q.

You don't know whether Samsung has licensed

Objection, vague.

Earlier I was referring to the establishment

And as far

And on top of which, prior to that time frame,

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(Interpreters conferring.)

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CHECK INTERPRETER:

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before the IP center was formed, I was not involved in

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the mobile business division, and after the IP center

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was formed, there was the work that was related to the

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mobile division, as well as other business divisions.

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So I do not really recall precisely as to what might

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have occurred in terms of the business division, the

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mobile business division.

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the time period before the IP center was formed, I do

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not really know as to what type of activities that

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they were involved in."

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BY MR. MUELLER:

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been involved in mobile telecommunications patent

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licensing; correct?

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A.

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MR. MUELLER:

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VIDEOGRAPHER:

16:53:11

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16:53:19

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(A break was taken.)

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(Exhibit 8 - 9 marked for identification.)

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VIDEOGRAPHER:

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617-542-0039

recall.

Q.

And if you're talking about

But since the IP center was formed, you have

Yes.
Let's take a break.
Going off the record, here marks

the end of tape No. 5.

No. 6.

"Like I told you earlier,

The time is 16:53.

Here marks the beginning of tape

Going on the record, the time is 17:11.

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Q.

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MAIN INTERPRETER:

19:03:26

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VIDEOGRAPHER:

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BY MR. MUELLER:
Mr. Ahn, as the head -It's not 17, it's 19.

Oh, sorry.

19:03.

BY MR. MUELLER:

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what do you consider the best support for Samsung's

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demand that Apple pay 2.4% for each relevant end

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product in return for the rights to Samsung patents

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head of licensing, I'm the head of the IP center, of

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which licensing is but one of the areas, and, as such,

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I do not get involved directly in the details for

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licensing, even though I do get reports on them.

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I do not exactly know how the percentage was derived.

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I do not know that directly.

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BY MR. MUELLER:

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A.

No.

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Q.

Do you know any reason or basis to support

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that number?

617-542-0039

Q.

Mr. Ahn, as the head of licensing at Samsung,

essential to comply with ETSI standards?
MR. PEASE:

Objection.

Lacks foundation, calls

for a legal conclusion.
A.

Q.

I keep repeating myself here.

I'm not the

And

Mr. Ahn, do you know anything about how the

2.4% number was derived?

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CERTIFICATE OF DEPONENT

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I, SEUNG-HO AHN, hereby certify that I have read the

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foregoing pages of my deposition of testimony taken in

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these proceedings on this 15th day of March, 2012, and

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with the exception of the changes listed on the next

7

page and/or corrections, if any, find them to be a

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true and accurate transcription thereof.

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Signed:

........................

Name:

SEUNG-HO AHN

Date:

.........................

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