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

Filing 1585

OBJECTIONS to re Exhibits To Be Used with Winer, Van Liere, Poret, and Balakrishnan by Samsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (Attachments: # 1 Declaration Decl of Ketan Patel, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Maroulis, Victoria) (Filed on 8/6/2012)

EXHIBIT
D

Winer, Russell (Apple expert)

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UNITED STATES DISTRICT COURT NORTHERN
DISTRICT OF CALIFORNIA SAN JOSE DIVISION

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---------------------------------------X
APPLE INC., a California corporation

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PLAINTIFF,

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-against-

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SAMSUNG ELECTRONIC CP., LTD., a Korean
business entity; SAMSUNG ELECTRONICS

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AMERICAN, INC., A New York Corporation;
SAMSUNG TELECOMMUNICATIONS AMERICA, LLC,

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a Delaware limited liability company,

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DEFENDANTS.
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---------------------------------------X

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***CONFIDENTIAL***

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VIDEOTAPED DEPOSITION OF RUSSELL WINER

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New York, New York

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Friday, April 27, 2012

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Reported by:

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Rebecca Schaumloffel, RPR, CLR

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JOB NO. 48805

Apple v. Samsung

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Winer, Russell (Apple expert)

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confusion, both of which are relevant in

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different parts of my report.

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Q.

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When did you first review these

reports?
A.

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I don't remember the exact date

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but it was some time obviously before

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March 22nd.

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Q.

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March 22nd?

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A.

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week or two.

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Q.

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How much in advance of

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I don't recall exactly.

Maybe a

Did you review them in final form

or were they in draft?
A.

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I don't know what the file dates

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were of their -- their reports.

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well have been a draft.
Q.

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They may

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Were they signed when you saw

them?

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A.

I don't recall.

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Q.

For either of these reports, did

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you actually review any of the underlying

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survey data?

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A.

I read the reports.

And I am not

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exactly sure what you mean by "the underlying

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survey data."

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Winer, Russell (Apple expert)

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Q.

You know what a survey is?

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A.

Of course.

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Q.

You know that there are materials

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such as questionnaires, survey data that's

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collected as part of a survey?

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A.

All, as I said earlier, all I
I did not look at the

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read was the report.

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materials that were generated from their

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research.

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Q.

Did they interest you at all?

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A.

No.

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Q.

Why not?

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A.

Because I relied on the expert

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reports themselves and I was not asked to

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opine on the research methodology that was

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used in those reports.

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So is it true that you have no

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expert opinion and are offering no expert

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opinion in this case as to the validity of

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these surveys?

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Q.

MS. HAGBERG:

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Objection;

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compound.

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A.

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As I said earlier, I was not

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asked to opine on the research methodology

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used in the studies.

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Apple v. Samsung

I relied on the results

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Winer, Russell (Apple expert)

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of the studies.
Q.

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I am not asking you to respond to
Is it true that you

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an earlier question.

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have no expert opinion and are offering no

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expert opinion in this case as to the

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validity of these surveys?

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MS. HAGBERG:

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Objection; asked

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and answered.

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A.

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By inference because I relied on

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them to support my statement, I am asserting

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that the studies are valid.

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Q.

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Please tell me all the

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information that you have -- sorry, strike

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that.

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Tell me your complete

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investigation you made as an expert in

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determining validity of either of these

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surveys?

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MS. HAGBERG:

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Objection; vague

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and compound.

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A.

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As I said before, I read both

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studies, which includes a description of the

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research methodology, and used them as

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support for my statement.

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Q.

Apple v. Samsung

Did you do anything else in order

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