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,
)
__________________________)
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,
)
______________________________)
** 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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[e-mail]

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.

[e-mail]

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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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