Apple Inc. v. Samsung Electronics Co. Ltd. et al
Filing
1592
Declaration of Jason R. Bartlett in Support of 1591 Opposition/Response to Motion for Adverse Inference Jury Instruction filed byApple Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)(Related document(s) 1591 ) (Bartlett, Jason) (Filed on 8/6/2012)
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INTERNATIONAL TRADE COMMISION
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In the Matter of Certain )
Electronic Digital Media )
Devices and Components
) Inv. No. 337-TA-796
Thereof,
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__________________________)
UNITED STATES DISTRICT COURT
STATE OF CALIFORNIA
SAN JOSE DIVISION
--oOo-APPLE INC., A CALIFORNIA
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CORPORATION,
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PLAINTIFF,
) No. 11-CV-01846-LHK
vs.
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SAMSUNG ELECTRONICS CO.,
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LTD., A KOREAN BUSINESS
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ENTITY; SAMSUNG ELECTRONICS
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AMERICA, INC., A NEW YORK
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CORPORATION; SAMSUNG
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TELECOMMUNICATIONS AMERICA,
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LLC, A DELAWARE LIMITED
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LIABILITY COMPANY,
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______________________________)
** HIGHLY CONFIDENTIAL TRANSCRIPT **
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DEPOSITION OF BETH KELLERMANN
Redwood City, California
Thursday, February 23, 2012
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Reported By:
LINDA VACCAREZZA, RPR, CLR, CRP, CSR. NO. 10201
JOB NO. 46385
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February 23, 2012
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9:30 a.m.
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Videotaped deposition of BETH
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KELLERMANN, held at Quinn Emanuel
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Urquhart & Sullivan LLP, 555 Twin
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Dolphin Drive, Suite 500, Redwood
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Shores, California, pursuant to
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Subpoena before Linda Vaccarezza, a
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Certified Shorthand Reporter of the
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State of California.
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A P P E A R A N C E S:
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QUINN EMANUEL URQUHART & SULLIVAN LLP
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Attorneys for Defendants
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555 Twin Dolphin Drive
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Redwood Shores, California 94065
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BY:
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Randaosman@quinnemanuel.com
RANDA A. OSMAN, ESQ.
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MORRISON & FOERSTER, LLP
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Attorneys for Plaintiff
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425 Market Street
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San Francisco, California 94105
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BY:
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JASON R. BARTLETT, ESQ.
jasonbartlett@mofo.com
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VIDEOGRAPHER:
Nick Kasimatis
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THE VIDEOGRAPHER:
Good morning.
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This is the start of the tape labeled
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Number 1 for the videotaped deposition of
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Beth Kellermann in the matter Certain
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Electronic Digital Media Devices in the
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International Trade Commission Case
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Number 337-TA-796.
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This deposition is being held
at Quinn Emanuel, 555 Twin Dolphin Drive,
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in Redwood Shores, California, on
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February 23, 2012, at approximately
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9:34 a.m.
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My name is Nick Kasimatris.
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I'm the legal video specialist from TSG
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Reporting, headquartered at 747 Third
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Avenue, New York, New York.
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Court reporter is Linda
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Vaccarezza in association with TSG
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Reporting.
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Will counsel please introduce
yourself.
MR. BARTLETT:
Jason Bartlett from
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Morrison Foerster for plaintiff, Apple,
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also complainant, Apple.
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MS. OSMAN:
Can you state your
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name?
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THE WITNESS:
Beth Kellermann,
Apple.
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MS. OSMAN:
I'm Randa Osman from
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Quinn Emanuel for the Samsung
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defendants.
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BETH KELLERMANN,
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Having been duly sworn, by the
Certified Shorthand Reporter, was
examined and testified as follows:
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EXAMINATION
BY MS. OSMAN:
Q.
Good morning.
Before we start the
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deposition, Ms. Kellermann, I just wanted to take
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care of a couple of housekeeping matters.
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believe the videographer indicated that this
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deposition was being taken in the ITC matter 796,
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which is correct, but it's also being taken in
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the Northern District of California case, which
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is Case Number 11-CV-01846-LHK.
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And also when we were off the
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record, counsel and I agreed because the
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deposition is being taken in both the ITC 796
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matter, as well as the Northern District case,
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the time would just be split in half and half of
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information requested by Samsung or if it was
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something that Apple's counsel independently
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determined?
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A.
That's correct.
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Q.
And then the specific reasons why
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a particular custodian was added to the case,
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you're not aware of those, correct?
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MR. BARTLETT:
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THE WITNESS:
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Q.
Can you ask it
again?
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Object to the form.
Sure.
Can you tell me for each of
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the custodians what the specific reason was why
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they were added to the case as a potential
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custodian?
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A.
No.
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Q.
And for each of the custodians
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that are listed in this Document Production
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Summary, which is Exhibit 3 to your deposition,
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were documents actually collected from their
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computer's hard drives or other storage?
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A.
If the custodian was someone who
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worked on the products or had anything to do with
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getting the products to market, they would -- and
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they are on this list, they would have been
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targeted for collection and processing.
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of the collections, like Mark Buckley, for
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example, or Chuck Lancaster or Andy Allen,
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they're finances.
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And so they are pulling -- anyone
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who is like a database administrator or a person
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we go to to pull data from a centralized
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repository, that they are not going to have
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documents about the case on their own personal
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systems outside of what counsel specifically
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asked them to pull, then their particular hard
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drives would not be collected from.
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We would simply be targeting the
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-- they are on here because they were asked to do
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data pulls for us.
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Q.
Can you tell me, as you sit here
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today as Apple's corporate designee on Apple's
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document collection efforts, whether every single
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custodian listed in this Document Production
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Summary was interviewed by counsel in a document
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collection interview?
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MR. BARTLETT:
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THE WITNESS:
Asked and answered.
I can't, from
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looking at this document, determine
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whether or not they were individually
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interviewed for this case or whether they
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record at 3:44 p.m.
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(Time noted:
3:44 p.m.)
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__________________
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BETH KELLERMANN
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Subscribed and sworn to before me
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This
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day of
, 2012.
______________________________________
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C E R T I F I C A T E
STATE OF CALIFORNIA
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COUNTY OF SAN FRANCISCO )
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I, LINDA VACCAREZZA, a Certified
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Shorthand Reporter for the State of
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California, do hereby certify:
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That BETH KELLERMANN, the witness
whose deposition is hereinbefore set
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forth, was duly sworn by me and that such
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deposition is a true record of the
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testimony given by such witness.
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I further certify that I am not
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related to any of the parties to this
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action by blood or marriage; and that I
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am in no way interested in the outcome of
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this matter.
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IN WITNESS WHEREOF, I have hereunto
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set my hand this 23rd day of February,
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2012.
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________________________________
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LINDA VACCAREZZA, CSR. NO. 10201
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