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

Filing 1445

Declaration of JASON R. BARTLETT in Support of 1444 Apple's Response to Samsung's Objections to Apple's Opening Statement Demonstrative Exhibits, filed by Apple Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Related document(s) 1444 ) (Jacobs, Michael) (Filed on 7/29/2012) Modified text on 7/30/2012 (dhm, COURT STAFF).

Exhibit 2

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

Merrill Corporation - Boston
www.merrillcorp.com/law

58061d58-2f52-4a92-adaa-7571c020488b

CONFIDENTIAL BUSINESS INFORMATION SUBJECT TO PROTECTIVE ORDER

SEUNG-HO AHN - 3/15/2012
Page 2
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Examinations

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SEUNG-HO AHN
Direct Examination by MR. MUELLER

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No.

Description

Exhibit 1

Patent Cross License Agreement
31
Between Samsung Electronics Co.,
Ltd., and Intel Corporation
Bates Nos. S-794-ITC-000000040 - 49
Amendment Number 1 to the Patent
31
Cross License Agreement Between
Samsung and Intel Corporation Having
an Effective Date of January 1, 1993
Bates Nos. S-794-ITC-000000021 - 25
8/31/04 Intel Letter with Amendment 31
Number 2 With an Effective Date of
July 1, 2004 To The Patent Cross
License Agreement Between Samsung
Electronics Co., Ltd. and Intel
Corporation
Bates Nos. S-794-ITC-000000026 - 39
Infrastructure and Subscriber Unit
69
License and Technical Assistance
Agreement
Bates Nos. SAMNDCA00052124 - 63
Amendment to Infrastructure and
69
Subscriber Unit License and Technical
Assistance Agreement (The Amendment)
Bates Nos. SAMNDCA00052116 - 23
Amendment to Infrastructure and
69
Subscriber Unit License and Technical
Assistance Agreement (The Amendment)
Bates Nos. SAMNDCA00052029 - 115
4/21/11 D. Aberle Letter
74
Nokia Corporation and Samsung
86
Electronics Co., Ltd. License
Agreement
Bates Nos. S-794-ITC-000001583 - 60
6/18/10 Nokia Corporation and Samsung 86
Electronics Co., Ltd. License
Agreement Between
Bates Nos. S-794-ITC-000001547 - 82

Page

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9

Exhibit 2
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Exhibit 3

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Exhibit 4
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VIDEOTAPED DEPOSITION OF SEUNG-HO AHN

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Exhibit 5

Thursday, March 15, 2012

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AT: 9:00 a.m.

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Taken at:

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Exhibit 6

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Renaissance Seoul Hotel
Seoul, South Korea

Exhibit 7
Exhibit 8

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Court Reporter:

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Jeanne Bullis
RPR, CSR

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EXHIBITS

"CONFIDENTIAL - ATTORNEYS' EYES ONLY"

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Page

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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.
)
__________________________)

4

INDEX

1
2

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

1

Page 4

Exhibit 9

25

Page 3
1
2

APPEARANCES

Page 5
1

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

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Exhibit 11

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6
7

4

Exhibit 14
6

Exhibit 15

APPEARING ON BEHALF OF THE DEFENDANT:

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11
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17
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Exhibit 12
Exhibit 13

5

7

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9

Exhibit 10

2

Exhibit 16

THOMAS D. PEASE, ESQ.
Quinn, Emanuel, Urquhart & Sullivan, LLP
51 Madison Avenue
22nd Floor
New York, NY 10010
[phone]
[e-mail]
INTERPRETERS:
Ted Kim - Main Interpreter
Ann Park - Check Interpreter

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Exhibit 17
9

Exhibit 18
10

Exhibit 19
11

Exhibit 20
12

Exhibit 21
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Exhibit 22
14

ALSO PRESENT:
Brian Kim - Samsung

Exhibit 23
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Exhibit 24

VIDEOGRAPHER:
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Joe Cheung
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25

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Amendments of ETSI Interim
98
Intellectual Property Rights Policy
Bates Nos. S-ITC-003359712 - 17
12/14-18/98 Samsung IPR Licensing
100
Declaration
Bates No. APLNDE-WH-A 0000009374
7/24/11 B. Teksler Letter
104
U.S. Patent No. 6,928,604 B2
118
APLNDC-WH-A 0000016618 - 30
U.S. Patent No. 7,050,410 B1
119
APLNDC-WH-A 0000014034 - 71
U.S. Patent No. 7,069,055 B1
120
APLNDC-WH-A 0000013378 - 84
U.S. Patent No. 7,079,871 B2
121
APLNDC-WH-A 0000018296 - 314
U. S. Patent No. 7,200,792 B2
121
APLNDC-WH-A 0000017615 - 656
U. S. Patent No. 7,362,867 B1
122
APLNDC-WH-A 0000018113 - 133
U. S. Patent No. 7,386,001 B1
123
APLNDC-WH-A 0000013077 - 95
U. S. Patent No. 7,447,516,B2
123
APLNDC-WH-A 0000015619 - 45
U. S. Patent No. 7,456,893 B2
124
APLNDC-WH-A 0000018487 - 500
U. S. Patent No. 7,577,460 B2
125
APLNDC-WH-A 0000014727 - 45
U. S. Patent No. 7,675,941 B2
125
APLNDC-WH-A 0000018762 - 78
U. S. Patent No. 7,698,711 B2
126
APLNDC-WH-A 0000017299 - 307

* * * * *
ORIGINAL EXHIBITS RETAINED BY PLAINTIFF'S COUNSEL
* * * * *

2 (Pages 2 to 5)

617-542-0039

Merrill Corporation - Boston
www.merrillcorp.com/law

58061d58-2f52-4a92-adaa-7571c020488b

CONFIDENTIAL BUSINESS INFORMATION SUBJECT TO PROTECTIVE ORDER

SEUNG-HO AHN - 3/15/2012
Page 6
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PROCEEDINGS
VIDEOGRAPHER: This is the video operator
speaking, Joe Cheung, of Merrill Corporation, Boston.
Today is March 15, 2012. The time is 9:19. We are at
the Azalea Room, Renaissance Seoul Hotel, Seoul, South
Korea, to take the videotaped deposition of Dr. Ahn in
the matter of Certain Electric Devices Including
Wireless, et al. Investigation number is 337-TA-794.
Will counsel please introduce themselves for the
record, please.
MR. MUELLER: Joe Mueller, Wilmer, Cutler,
Pickering, Hale and Dorr, for Apple. And also let me
note for the record, I believe this deposition is also
for the Northern District of California case as well,
and I'll read the civil action number, which is Case
No. 11-cv-01846-LHK. And that case is captioned
Apple, Incorporated vs. Samsung Electronics, Co.,
Limited.
MR. PEASE: Tom Pease, Quinn, Emanuel, for
Samsung, and with me is Brian Kim from Samsung.
VIDEOGRAPHER: And will the court reporter,
Jeanne Bullis of Merrill Corporation, Boston, please
swear the witness and the interpreter.
(Whereupon, the aforementioned Witness and
Interpreters were sworn in.)

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Page 7

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WHEREUPON,
SEUNG-HO AHN
having been first duly sworn as noted above, was
examined and testified through the interpreter as
follows:
EXAMINATION
BY MR. MUELLER:
Q. Good morning.
A. Good morning.
Q. Could you please state and spell your full
name for the record?
A. Yes, my name is Seung-Ho Ahn. A-H-N
S-E-U-N-G-H-O.
Q. Mr. Ahn, do you speak English?
A. Yes, a little bit.
Q. And did you study at schools in the United
States?
A. Yes.
Q. Which ones?
A. I had gone through the doctorate program at
University of Illinois, Urbana-Champaign, and then
thereafter, I completed the JD program at the
Santa Clara, California, University of Santa Clara,
law school.
Q. And at Illinois, you received a Ph.D.;

correct?
A. Yes, that's correct.
Q. And that was in metallurgy?
A. Yes.
Q. And you also attended Santa Clara for your
law degree; correct?
A. Yes.
Q. And at one time you were an admitted member
of the California State Bar; correct?
A. Yes.
Q. Are you fluent in English?
A. Well, my answer would be different, depending
on your definition of fluent. I don't think my
abilities are all that fluent.
Q. Do you feel comfortable speaking in English?
A. That depends on the situation.
Q. If you were to testify at trial in litigation
against Apple, would you testify in English or Korean?
A. It would be better for me to testify in
Korean.
Q. You would testify in Korean?
A. Correct.
Q. Have you been deposed before?
A. Yes.
Q. How many times?

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A. My recollection would be that about twice.
Q. And do you recall in which cases?
A. On the occasion of litigation between Samsung
and Sharp. Also Samsung vs. SEL.
Q. Were those the only two cases in which you
were deposed?
A. That is my recollection.
Q. Did you testify at a hearing or a trial in
those cases?
A. I did testify in the case against Sharp.
Q. In which court?
A. ITC.
Q. When was this?
A. Four or five years ago. Well, I would say
three, four years ago.
Q. Do you recall the general subject matter of
your testimony?
A. I do not recall.
Q. Is that a patent case?
A. The case itself was a patent-related case.
Q. Was that case instigated by sharp or Samsung?
A. Both parties.
Q. Both parties brought claims against each
other?
A. Yes, that's correct.

3 (Pages 6 to 9)

617-542-0039

Merrill Corporation - Boston
www.merrillcorp.com/law

58061d58-2f52-4a92-adaa-7571c020488b

CONFIDENTIAL BUSINESS INFORMATION SUBJECT TO PROTECTIVE ORDER

SEUNG-HO AHN - 3/15/2012
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A. A year, year and a half.
Q. And you began work there about, when was it,
2009, 2010?
A. I think that should be about right.
Q. Do you recall when you completed your work
there, which year?
A. That would have been either July or August of
2010, but I do not know exactly.
Q. What did you do next?
A. Thereafter I became the head of the IP
center, which I still do.
Q. What is the IP center?
A. This is the place where it handles, or it
oversees the general patent-related work for Samsung
Electronics Company.
Q. All divisions?
A. Well, previously IP teams used to belong to
each of the business divisions, but right now you can
say that through the IP center, you are able to
oversee all the aspects.
Q. When was the IP center created?
A. Once again, that would have been July or
August of 2010, which I'm not quite certain.
Q. Were you the first head of the IP center?
A. Well, I'm the first head of the IP center in

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its current iteration, but ten or some odd years ago,
there was an IP center then, and back then it was
somebody else.
Q. But for the current iteration, you were the
first and remain the only head of the IP center;
correct?
A. Yes, so far.
Q. Does the IP center have lead responsibility
at Samsung Electronics for patent prosecution?
MR. PEASE: Objection, vague.
A. Earlier I was alluding to the fact that all
the IP-related work were combined to be the work for
IP center, but what had been left out in this
combining process was the patent prosecution, which
still remained with each of the business divisions.
BY MR. MUELLER:
Q. Does the IP center have lead responsibility
at Samsung for licensing?
MR. PEASE: Objection, vague.
A. Well, I do not exactly understand what you
mean by "lead" here, but at the time of
licensing-related work, there is cooperation with the
related business division.
BY MR. MUELLER:
Q. Mr. Ahn, are you the highest ranking

licensing executive at Samsung?
A. Yes.
Q. To whom do you report?
A. That is the CEO.
Q. And who directly reports to you?
A. There are four team leaders at the IP center.
Q. And just so the record is clear, I'm going to
ask you to give each person's name, and let's start
with the CEO.
A. Surname is Choi, and first name Jiseong. A
common spelling, but that's probably not the correct
spelling. I myself -- I know that that is not it, but
I don't know how it is spelled.
Q. 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. (In English) Anything's okay. I forgot the
fact that I was a doctor before, so -- all right.
Call me Mr. Ahn. That's all right.
Q. 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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specifically it is this or it is that, but I could say
that I'm handling the overall general patent-related
work for Samsung.
Q. And your duties include licensing; correct?
A. Yes.
Q. Do your duties also include acquisitions of
intellectual property, including patents?
A. Yes.
Q. Do you have any involvement at all in patent
prosecution these days?
A. I do not.
Q. Are there other areas beyond licensing and
acquisitions that you currently work in?
A. Well, there is the patent analysis work and
there are some people who handle litigation, and some
other people who handle strategy, and many different
things.
Q. And when you say "patent analysis," what are
you referring to?
A. Well, at the time of the purchase of patents,
there can be some patent analysis work prior to such
acquisition, and if there are some claims made or
litigation occurs, then the related patents could be
analyzed.
Q. Do you supervise patent-related litigation?

7 (Pages 22 to 25)

617-542-0039

Merrill Corporation - Boston
www.merrillcorp.com/law

58061d58-2f52-4a92-adaa-7571c020488b

CONFIDENTIAL BUSINESS INFORMATION SUBJECT TO PROTECTIVE ORDER

SEUNG-HO AHN - 3/15/2012
Page 134
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CERTIFICATE OF REPORTER
I, JEANNE BULLIS, RPR, CSR, hereby certify
that the testimony of the witness, SEUNG-HO AHN,
in the foregoing transcript taken on the 15th day of
March, 2012, was recorded by me in machine shorthand
and was thereafter transcribed by me; and that the
foregoing transcript is a true and accurate verbatim
record of the said testimony.
I further certify that I am not a relative,
employee, counsel or financially involved with any
of the parties to the within cause, nor am I an
employee or relative of any counsel for the parties,
nor am I in any way interested in the outcome of the
within cause.
Signed:
Name:
Date:

................................
Jeanne Bullis
.................................

Page 135
ERRATA SHEET

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Case Name:

APPLE VS. SAMSUNG

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Witness Name: SEUNG-HO AHN
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Date:
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March 15, 2012

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Subscribed and sworn to before
me this day of
2012.

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__________________________
SEUNG-HO AHN

35 (Pages 134 to 135)

617-542-0039

Merrill Corporation - Boston
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58061d58-2f52-4a92-adaa-7571c020488b