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

Filing 1533

DECLARATION of John B. Quinn Submitted At the Request of the Court Regarding Samsung's DIsclosure of Public Information In Response to Press Inquiries filed bySamsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (Attachments: # 1 A, # 2 B, # 3 C, # 4 D, # 5 E, # 6 F, # 7 G)(Maroulis, Victoria) (Filed on 8/1/2012)

EXHIBIT G

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Exhibit A

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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,
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.
---------------------------------/

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CONFIDENTIAL
ATTORNEYS' EYES ONLY

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VIDEOTAPED DEPOSITION OF RICHARD HOWARTH
San Francisco, California
Monday, July 16, 2012

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Reported by:
LORRIE L. MARCHANT, CSR No. 10523
RPR, CRR, CCRR, CLR
JOB NO. 51740

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TSG Reporting - Worldwide

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designing the -- when the team was designing the
03:50
iPhone, we -- we wondered, as you might, just
03:50
what -- what might the competition would do. There 03:51
was no competition for us at the time.
03:51
But it was -- we wondered, well, yeah,
03:51
what -- what -- what might Sony, you know, for
03:51
instance do if they were -- if they had our
03:51
technology and -- and would create that product.
03:51
So I think Jony asked him to -- to have a
03:51
look and see, since he was Japanese, what he might
03:51
do.
03:51
Q. Is there anything else that you can
03:51
remember about the -- about the project that
03:51
Mr. Nishibori was asked to do on the Sony style?
03:51
A. I'm not sure it was a project. But, you
03:51
know, just a little aside, really.
03:51
Q. I -- regardless of whether it's a project
03:51
or exercise, whatever the case may be, do you
03:51
remember anything else about it?
03:51
A. I remember -- not in huge, massive detail. 03:52
Q. But, generally speaking -- and by the way, 03:52
I'm going to show you a couple of documents here in 03:52
a minute that may jog your memory. But I'm just
03:52
trying to find out if there's anything so far that
03:52
you recall generally about what Mr. Nishibori did on 03:52

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this Sony style.
03:52
A. Well, I remember that we were heading
03:52
down -- we -- we were working on, you know,
03:52
different directions. And Shin and I walked over to 03:52
the table when -- when he was just starting to think 03:52
about it, and -- the project design table, and we
03:52
were having a chat about it.
03:52
And we picked up a model off the table
03:52
that -- that we liked, that we had done previously.
03:52
And -- and so Shin was going to base the design -03:53
his, you know, exploration on this model and add a
03:53
few Sony-esque sort of details to it. Because
03:53
that's -- yeah, that's what we -- that's what we
03:53
wanted to do.
03:53
Q. Anything else you can remember?
03:53
A. Not -- not a lot, really. No.
03:53
Q. Let me show you what was previously marked
03:53
as Exhibit 1172. And for the record, we're -- we
03:53
marked this as TX623.
03:53
A. Okay.
03:54
Q. Do you recognize what's shown here in 1172
03:54
as the Sony-style design that Mr. Nishibori was
03:54
working on that you were discussing?
03:54
A. It looks -- it looks pretty similar to it, 03:54
m-hm.
03:54

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Q. And the model that you referred to, did it 03:54
look like this design that's shown in the -- the CAD 03:54
drawings here, Exhibit 1172?
03:55
A. Which model?
03:55
Q. The one that you're referring to where you 03:55
and Mr. Nishibori were -- were walking and had
03:55
picked up a model.
03:55
A. It was similar to this. It looks like -03:55
pretty similar to this if you took the Sony details, 03:55
Sony-ish details off that he added.
03:55
Q. And so when you're referring to "the
03:55
details," please identify for me what are the
03:55
portions of what's shown here in Exhibit 1172 that
03:55
Mr. Nishibori came up with as opposed to what was
03:55
that preexisting design that you're referring to.
03:55
A. It looks -- it was a long time ago, but I
03:55
think it was the receiver detail right there looks a 03:55
little like -- that was different than what we -03:55
the model that was on the table.
03:56
The Sony -- the buttons here on the bottom 03:56
look like they were sort of added. And the Sony
03:56
logo and this -- what looks like it's sort of the
03:56
green button on the side, the jog dial, kind of -03:56
that's quite a Sony -- classic Sony detail, really.
03:56
Q. Anything else?
03:56

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A. The connector on the bottom perhaps looks a 03:56
little bit like a Sony-ish connector.
03:56
Q. On the back side, where the camera lens is
03:56
depicted, was that something that Mr. Nishibori
03:56
added to it?
03:56
A. I don't think so. I think we had -- we had 03:56
a camera in the corner already.
03:56
Q. And then that preexisting model that you're 03:57
referring to, did it have exactly the same shape as
03:57
what's shown here in the CAD drawings?
03:57
MS. TAYLOR: Objection. Vague.
03:57
THE WITNESS: I'm not sure if it had
03:57
exactly the same shape as that in the CAD drawings.
03:57
Similar.
03:57
BY MR. ZELLER:
03:57
Q. Do you recall if there were differences?
03:57
A. I can't recall exactly right now.
03:57
Q. And did the -- the preexisting model that
03:57
you're referring to, did that have a name?
03:57
A. I don't know if it had a name. It
03:57
looked -- it looked like that (indicating).
03:57
Q. And for the record, you're referring to
03:57
the -- the model that's on the left, on page ending
03:57
121 of TX562?
03:57
A. Right. Yeah. This device (indicating).
03:57

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Q. All right. We're going to come back to
03:58
that in a moment. I just wanted to make sure we had 03:58
a clear record on what you were pointing to.
03:58
A. Okay.
03:58
Q. In terms of the -- just that -- that shape, 03:58
the rectangular shape with the rounded corners,
03:58
exactly as it's shown here in the CAD drawings of
03:58
Exhibit 1172, are you able to say one way or another 03:58
whether Mr. Nishibori changed those at all?
03:58
MS. TAYLOR: Asked and answered.
03:58
THE WITNESS: I'm not sure whether he
03:58
changed them.
03:58
BY MR. ZELLER:
03:58
Q. And then you'll see that there's that -- in 03:58
the side views there's the metal band kind of design 03:58
shown here on the first page of 1172.
03:58
You see what I'm referring to?
03:58
A. I don't know what material it is, but I see 03:58
there's a band there.
03:58
Q. And was that band portion that's depicted
03:58
here in the CAD drawings also part of that model
03:58
that -- that you saw that was preexisting?
03:58
A. Yeah.
03:59
Q. What were the sides? More like what's
03:59
shown here in TX562?
03:59

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A. They seem pretty similar to me.
03:59
Q. And when you say "pretty similar," what's
03:59
shown there in 1172, in that respect does the band
03:59
look similar to the model that's shown here in 562? 03:59
A. Roughly.
03:59
Q. And do you recall whether Mr. Nishibori
03:59
made any changes to that -- that band apart from the 03:59
jog wheel that you mentioned?
03:59
A. I can't be sure exactly.
03:59
Q. And focusing, then, on that preexisting
03:59
model that you saw, who created that design?
03:59
A. This one (indicating)?
03:59
Q. Well, I -- let me rephrase the question,
04:00
then, for a moment.
04:00
Because in your e-mail -- and this is on
04:00
the first page of TX562 -- you refer to "what Shin
04:00
is doing with the Sony-style chappy" -04:00
A. Sorry.
04:00
Q. And then you go to say, Also note that it's 04:00
only half a step away from where we were with the
04:00
metal band, black inside, before we changed to the
04:00
three equal striped sandwich, which I show below.
04:00
Do you see that language?
04:00
A. I see that.
04:00
Q. And so what are you referring to there when 04:00

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you say "it's only half a step away from"?
04:00
A. I'm not sure. I think I'm saying that
04:00
Shin's -- the thing that Shin was working on is
04:00
similar to the -- to what we were working on
04:01
previously.
04:01
Q. So then focusing on the model that's there 04:01
on the left, shown on page 121, which is the black
04:01
one, was there -- was there a name that you used for 04:01
this model?
04:01
A. I can't remember.
04:01
Q. Was this more in that style of the -- the
04:01
Sony-style chappy that's being referred to here?
04:01
MS. TAYLOR: Objection. Vague.
04:01
THE WITNESS: Yeah. I'm not sure what you 04:01
mean by "in the style of."
04:01
BY MR. ZELLER:
04:01
Q. Well, here's what I'm trying to understand, 04:01
and maybe I -- I need to rephrase it.
04:01
You just say here in the first sentence of
04:01
your e-mail, I'm worried about the extrudo shape
04:01
we're using for P2, et cetera. Looking at what Shin 04:02
is doing with the Sony-style chappy, he's able to
04:02
achieve a much smaller looking product with a much
04:02
nicer shape to have next to your ear and in your
04:02
pocket.
04:02

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Do you see that?
04:02
A. Yeah. I can see that.
04:02
Q. And so what are you referring to here when
04:02
you say "the Sony-style chappy"?
04:02
A. I can't be sure exactly, but I think
04:02
it's -- I think it was something that Shin was
04:02
working on, which was -- you know, this is something 04:02
that Shin had a go at.
04:02
Q. And then focus on that model, then, that's 04:02
on the left-hand side, on page 121 of TX562 -04:02
A. Okay.
04:02
Q. -- is this a model that was created after
04:02
Mr. Nishibori was working on this design that's
04:02
shown in 1172?
04:02
A. No. I don't believe so. I think this was 04:02
created before.
04:02
Q. In looking at the model that's depicted
04:03
here on the left-hand side on page ending 121, did
04:03
Mr. Nishibori contribute anything to the design
04:03
that's shown there?
04:03
A. Shin is part of the design team, so he
04:03
could well have contributed. You know, as we do,
04:03
you know, it's a conversation that's constantly
04:03
happening between us all.
04:03
Q. Do you have any information about the
04:03

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CERTIFICATE
STATE OF CALIFORNIA )
: ss
COUNTY OF SONOMA )
I, Lorrie L. Marchant, a Certified Shorthand
Reporter, a Registered Professional Reporter, a
Certified Realtime Reporter, and a Certified
Realtime Professional within and for the State of
California, do hereby certify:
That RICHARD HOWARTH, the witness whose
deposition is herein set forth, was duly
sworn/affirmed by me and that such deposition is a
true record of the testimony given by such witness.
I further certify that I am not related to any
of the parties to this action by blood or marriage
and that I am in no way interested in the outcome of
this matter.
In witness whereof, I have hereunto set my hand
this 16th day of July, 2012.

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Exhibit TX562 e-mail to David Tupman,
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cc'ed to various other recipients,
from Andrew Bright, dated 6/4/2010,
subject: reciever up high in Y
(Production Nos. APLNDC0002326562 APLNDC0002326563)
---oOo--PREVIOUSLY-MARKED EXHIBITS
Exhibit 6 United States Design Patent, Andre,
et al., Patent No. D593,087 S

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--------------------------------------------LORRIE L. MARCHANT, CSR, RPR, CRR, CLR, CCRR
CSR No. 10523

INDEX
INDEX OF EXAMINATION
PAGE
MR. ZELLER
5
---oOo--INDEX OF EXHIBITS
DESCRIPTION
PAGE
Exhibit TX579 e-mail and attachments to
4
Jonathan Ive from Richard Howarth,
dated 3/8/2006, subject: on: the
sony vs apple competition
(Production Nos. APLNDC0003040119 APLNDC0003040124)

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Exhibit 7 United States Design Patent, Andre,
et al., Patent No. D618,677 S
Exhibit 1172 Images of Sony phone
(Production Nos. APLNDC-NC00000274 APLNDC-NC0000000281)
---oOo---

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NAME OF CASE: Apple v. Samsung (U.S. District)
DATE OF DEPOSITION: 7/16/2012
NAME OF WITNESS: Richard Howarth
Reason Codes:
1. To clarify the record.
2. To conform to the facts.
3. To correct transcription errors.
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__________________________
RICHARD HOWARTH

TSG Reporting - Worldwide

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