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

Filing 1451

Declaration of Adam Cashman in Support of 1450 MOTION for Leave to File Sur-Reply Re Apple's New Arguments On Reply Re Apple's Motion to Enforce Court Orders Regarding Sony Designs filed bySamsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Related document(s) 1450 ) (Maroulis, Victoria) (Filed on 7/29/2012)

EXHIBIT B

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UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, D.C.
In the Matter of
)
)
CERTAIN ELECTRONIC DIGITAL )
Inv. No. 337-TA-796
MEDIA DEVICES AND
)
COMPONENTS THEREOF
)
)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
APPLE INC., a California
) CIVIL NO. 11-CV-01846-LHK
corporation,
)
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Plaintiff,
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vs.
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SAMSUNG ELECTRONICS CO.,
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LTD., a Korean business
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entity; SAMSUNG ELECTRONICS )
AMERICA, INC., a New York
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corporation; and SAMSUNG
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TELECOMMUNICATIONS AMERICA, )
LLC, a Delaware limited
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liability company,
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Defendants.
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CONFIDENTIAL BUSINESS INFORMATION
HIGHLY CONFIDENTIAL ATTORNEYS' EYES ONLY
VIDEOTAPED DEPOSITION OF SHIN NISHIBORI
MAY 2, 2012
HONOLULU, HAWAII
TSG JOb # 49110
Reporter: ADRIANNE IGE KURASAKI
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WEDNESDAY, MAY 2, 2012

10:03 A.M.

THE VIDEOGRAPHER:

This is the start of

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Tape No. 1.

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Nishibori in the matter of Certain Electronic

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Digital Media Devices and Components Thereof.

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This is Apple versus Samsung, in the U.S.

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District Court, Northern District Court of San

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Jose Division, No. 11-CV-01846-LHK.

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Videotaped Deposition of Shin

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This deposition is being held at The

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Halekulani Hotel, 2199 Kalia Road, Honolulu,

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Hawaii on May the 2nd, 2012, at approximately

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10:04 a.m.

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My name is Derek Bryant.

I am the Legal

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Video Specialist from TSG Reporting, Inc.,

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headquartered at 747 Third Avenue, New York,

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New York.

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The court reporter is Adrianne Kurasaki
in association with TSG Reporting.

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Counsel, please introduce yourselves.

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MR. ZELLER:

Mike Zeller for Samsung.

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MS. TAYLOR:

Jennifer Taylor for Apple.

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MS. WHEELER:

Cindy Wheeler from Apple.

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THE VIDEOGRAPHER:

Will the court

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reporter please swear in the interpreters and

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then the witness.

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AYANO NISHIMURA,

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called as the official interpreter for

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the witness, being first duly sworn to interpret

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the following testimony from English to

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Japanese and from Japanese to English.

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SADAAKI MATSUTANI,
called as a check interpreter for

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the witness, being first duly sworn to check

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the following testimony from English to

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Japanese and from Japanese to English.

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SHIN NISHIBORI,

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called as a witness on behalf of

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Defendants and Counterclaim Plaintiffs,

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Samsung Electronics Co., Ltd., Samsung

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Electronics America, Inc., and Samsung

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Telecommunications, LLC, being first duly

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sworn to tell the truth, the whole truth, and

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nothing but the truth, was examined and

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testified as follows:

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EXAMINATION

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BY MR. ZELLER:

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Q

Good morning.

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A

Good morning.

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Q

If you could please tell us your full

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name for the record.
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name to call it, I do not have a clear

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recollection.

As what Jonathan Ive said to me

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is that "If Sony were to make that, what would

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it be like.

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your idea."

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And please make something based on

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So it might have been like -- to be

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stated as Sony-like or Sony Style or something

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like that.

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But however, I do not have a

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recollection that -- whether I was the one who

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named the file or not.

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MR. ZELLER:

I'm sorry.

Let's please mark as

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Exhibit 2 some additional images produced by

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Apple.

And these bear Bates numbers

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APL-ITC796-X000016675 through 16693.

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THE INTERPRETER:
it?
MR. ZELLER:

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THE INTERPRETER:

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It's not in here, is

No, no.

I'm marking a new

one.

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(Exhibit No. 2 marked for identification.)
BY MR. ZELLER:
Q

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MR. ZELLER:

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I'm sorry?

it?

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It's not in here, is

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And please let us know when you've had a
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chance to look at the images in Exhibit 2.

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A

Okay.

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Q

Do you recognize what these images are?

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(The Check Interpreter speaks in Japanese.)

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INTERPRETED ANSWER:

Hai.

BY MR. ZELLER:

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Q

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A

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as.

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Please tell us what you recognize them

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It is -- these are renderings that I

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created based on my own thoughts or my

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understanding of Sony-like designs -- Sony's

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design, based on the request of Jonathan Ive.

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Q

And then when we looked at Exhibit 1, we

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saw that there were some file dates for March of

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2006.

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(The Check Interpreter speaks in Japanese.)

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THE CHECK INTERPRETER:
said, "Yes."
MR. ZELLER:

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THE INTERPRETER:

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INTERPRETED ANSWER:

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Give me the translation.
Sorry.

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Yes.

BY MR. ZELLER:
Q

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The witness

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Do you recall whether or not the

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renderings in Exhibit 2 were done at the same

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time as these renderings in Exhibit 1 or were

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they done later on?
A

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In my recollection, the ones listed here

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from one, two, three, four, five, six, seven,

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are the ones here, listed as jpegs here.

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Q

So you think these are the same images?

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A

I think they are the same.

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Q

And I take it that the Sony-like designs

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that were done in CAD form that you worked on

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with the CAD operator, were they on Apple's CAD

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system?

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MS. TAYLOR:

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INTERPRETED ANSWER:

Objection.

Vague.

Well, I'm not too

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sure about what you're referring to as "CAD

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system," whether you're calling it as the

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software company.

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location of CAD system and Apple --

If you're asking about the

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MS. TAYLOR:

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THE CHECK INTERPRETER:

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INTERPRETED ANSWER:

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THE CHECK INTERPRETER:

Wait, wait.

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She's not done.

-- then it is.
"If you're

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asking about the location of the CAD system at

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Apple company, if that's where it was made,

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then, no doubt, it was made there."

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BY MR. ZELLER:

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Q

Was the -- were these CAD images on any
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