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)

Highly Confidential Pursuant to the Protective Order

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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,

Case No.

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vs.

11-CV-01846-LHK

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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,

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Defendants.
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HIGHLY CONFIDENTIAL
PURSUANT TO THE PROTECTIVE ORDER

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VIDEOTAPED DEPOSITION OF MARK LEE
Redwood Shores, California
Tuesday, February 28, 2012

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REPORTED BY:
CYNTHIA MANNING, CSR No. 7645, CLR, CCRR
JOB NO. 46053
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Highly Confidential Pursuant to the Protective Order

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Foerster on behalf of Apple.

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THE VIDEOGRAPHER:

09:58
If the court reporter

please swear in the witness, we can proceed.

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MARK LEE,

09:58

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having first been duly sworn, testified

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as follows:

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EXAMINATION
BY MR. BEDECARRE:

09:58

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Q.

Good morning, Mr. Lee.

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A.

Morning.

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Q.

As I introduced myself before, I'm Al

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Bedecarre and I represent Samsung in this matter.

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You're here represented by counsel?

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A.

Yes, I am.

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Q.

09:58

And you also understand that your

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counsel represents Apple Inc. in this matter?

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A.

Yes, I do.

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Q.

Okay.

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Have you ever been through the

09:58

process of a deposition before?

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A.

No, I have not.

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Q.

Well, let's just kind of go over a

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couple of quick ground rules so that we can make

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sure we have a clean record and that you

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So does Mr. Von Minden have a particular

10:33

focus within the group?

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A.

Yes, he did.

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Q.

What is that?

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A.

To develop paints.

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Q.

Are the paints used in model making or

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10:33

in making finished products?

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A.

Both.

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Q.

So what can you tell me about this --

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A.

Well, actually let's go back.

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What do

10:33

you characterize as finished products?

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Q.

Commercial products for sale.

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A.

Oh, no.

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Q.

So the products he is -- the paints he

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is working on are purely for models, whether

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early drafts or complete models, is that what

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you're getting at?

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A.

Yes, to my best knowledge.

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Q.

Okay.

10:33

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And is there any other role that

Mr. Von Minden has besides paints?

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A.

Not that I'm aware of.

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Q.

10:34

The model shop is part of the Industrial

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Design Group?

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A.

That's right.

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Q.

Does anyone in the model shop since the

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time you've been there have design

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responsibility, meaning designing products as

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opposed to building models?

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A.

No, there is not.

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Q.

So your role, to your understanding,

10:34

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does not involve designing products; is that

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10:34

correct?

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A.

Yes, that's correct.

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Q.

If I asked the same question as to the

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rest of the members of the model shop as it

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stands today, would -- to your understanding

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would the answer be the same?

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A.

Yes, it would.

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Q.

10:34

And what about the past members of the

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model shop?

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time you've been at Apple.

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meaning they did not also do design work in

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addition to model building?

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I mean, I'm talking about at the

MR. DANIS:

Is the same true,

Objection; vague,

speculation.

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10:35

10:35

THE WITNESS:

To my knowledge, no model

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maker has done any design work on Apple products.

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BY MR. BEDECARRE:

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Q.

That's right.

I am talking about Apple.

So in terms of a project that the model

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don't give any feedback from a design perspective

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to the designers in the Industrial Design Group?

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A.

Please say that again.

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Q.

11:20

Is it your testimony that you don't give

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any feedback from a design perspective to the

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designers in the Industrial Design Group at

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Apple?

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A.

Yes, from a design perspective we don't.

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Q.

11:20

How about from any other perspective, do

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you give them feedback on models you're working

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on?

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A.

Yes.

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Q.

What kind?

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A.

11:21

We can give them the equivalent of an

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attaboy, looks great.

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Q.

11:21

Anything else in terms of material

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choices or any other kind of feedback that you've

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given over time on model projects that you've

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worked on?

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MR. DANIS:

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THE WITNESS:

Objection; vague, overbroad.
I've given feedback on

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materials, but not in relation to ship to

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manufacturing.

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model.

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//

Just building that particular

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STATE OF CALIFORNIA

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:ss
COUNTY OF SAN MATEO

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)

I, CYNTHIA MANNING, a Certified Shorthand

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Reporter of the State of California, do hereby

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certify:

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That the foregoing proceedings were taken

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before me at the time and place herein set forth;

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that any witnesses in the foregoing proceedings,

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prior to testifying, were placed under oath; that

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a verbatim record of the proceedings was made by

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me using machine shorthand which was thereafter

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transcribed under my direction; further, that the

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foregoing is an accurate transcription thereof.

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I further certify that I am neither

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financially interested in the action, nor a

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relative or employee of any attorney of any of

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the parties.

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IN WITNESS WHEREOF, I have subscribed my
name this 28th day of February 2012.

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CYNTHIA MANNING, CSR No. 7645, CCRR, CLR

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877-702-9580