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

Filing 278

Reply Declaration of Ravin Balakrishnan, Ph.D. in Support of #86 Apple's Motion for Preliminary Injunction filed by Apple Inc.. (Attachments: #1 Exhibit A - Manual Filing Notification, #2 Exhibit B - Manual Filing Notification, #3 Exhibit C - Manual Filing Notification, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O)(Jacobs, Michael) (Filed on 9/30/2011) Modified on 10/3/2011 linking entry to document #86 EXHIBIT A, B AND C HAVE NOT BEEN MANUALLY SUBMITTED TO THE CLERK'S OFFICE FOR FILING (dhm, COURT STAFF).

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EXHIBIT J Page 1 1 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 3 4 5 6 7 APPLE INC., A CALIFORNIA CORPORATION, PLAINTIFF, : : : 8 9 10 11 12 13 : : 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, : VS. 14 DEFENDANTS 15 16 17 18 19 20 21 22 23 DEPOSITION OF ANDRIES VAN DAM, an Expert Witness in the above-entitled cause, taken on behalf of the Plaintiff, before Barbara Warner, RPR, Notary Public in and for the State of Rhode Island, at the offices of Allied Court Reporters, 115 Phenix Avenue, Cranston, RI, on September 14, 2011 at 9:30 A.M. 24 25 Job Number: 41901 TSG Reporting - Worldwide 877-702-9580 Page 2 1 APPEARANCES: 2 3 4 5 FOR THE PLAINTIFF APPLE INC.: MORRISON & FOERSTER BY: RICHARD S.J. HUNG, ESQ. BY: DEOK KEUN MATTHEW AHN, ESQ. 425 MARKET STREET SAN FRANCISCO, CALIFORNIA 94105 6 7 8 9 10 11 12 FOR THE DEFENDANTS SAMSUNG: QUINN EMANUEL URQUHART OLIVER & HEDGES BY: TODD M. BRIGGS, ESQ. BY: AARON KAUFMAN, ESQ. 555 TWIN DOLPHIN DRIVE REDWOOD SHORES, CALIFORNIA 94065 13 14 15 16 ALSO PRESENT: MIKE HENRIQUES, VIDEOGRAPHER 17 18 19 20 21 22 23 24 25 TSG Reporting - Worldwide 877-702-9580 Page 21 1 this paragraph you refer to a number of 2 materials, including the patent, the Bas 3 Ording patent, the prosecution file history, 4 the reexamination file history, and 5 references cited therein. 6 A. Yes, I do. 7 Q. Do you see that? When you refer to referring to the 8 prosecution history, how did you review it, 9 and by that, I mean what did you review? 10 A. I reviewed a file that had been sent to 11 me, which was the wrapper, in effect, the 12 complete fill history, and I went through 13 that. 14 Q. 15 16 Did you also review the reexam file history? A. I did, in the same way. Q. There is a reference to the reference cited 17 therein, and that's the last clause of that 18 sentence in paragraph 19. 19 A. Yes, I see it. 20 Q. I was slightly confused as to what that was 21 modifying. Is that references cited therein 22 modifying the reexamination file history, the 23 prosecution file history, the patent, and/or 24 all three? 25 A. You are talking about a possible ambiguity TSG Reporting - Worldwide 877-702-9580 Page 22 1 2 in the materials cited? Q. I apologize. In paragraph 19, the last 3 clause says, And the references cited 4 therein, at line 25. 5 A. To be more precise, I did not go through 6 the references cited by the patent examiner. 7 Q. I am handing you what has been previously 8 marked as Ording Exhibit 71. 9 believe we both referred to as the Ording 10 patent, correct? 11 A. Yes. 12 This is what I of our discussion today. 13 Q. This is the '381, which is the basis If you look at the first two pages of the 14 Ording patent, you will see that there are 15 a -- it is a long list of U.S. patent 16 documents, and also foreign patent documents, 17 and other publications. 18 A. I do. 19 Q. Do you see that? The references that were cited by the 20 examiner, I am assuming that by that you are 21 referring to the references that have an 22 asterisk next to them, correct? 23 A. Sorry, I'm having a little trouble reading 24 this because the print is so small. 25 file histories, I recall there are references TSG Reporting - Worldwide In the 877-702-9580 Page 60 1 are off the record. 2 (OFF THE RECORD) 3 THE VIDEOGRAPHER: 4 5 11:24 a.m., we are back on the record. Q. Professor van Dam, we asked if you could 6 demonstrate beginning from the start screen 7 on 1950 LaunchTile your participation for 8 Claim 1 with respect to this device. 9 A. I am about to start doing that with the 10 caveat that because I suffer from familial 11 tremor, and especially in my dominant hand, 12 it will be a little shaky because there are 13 very few pixels on the screen. 14 sensitive to a single pixel deviation, so it 15 may take me several tries to show you what I 16 want to show you. 17 It is very In the overview screen, which is 18 the start screen for LaunchTile, we see an 19 array of 6 x 6 individual tiles. 20 in on those individual tiles, you can pick a 21 zone by pushing this blue chrome button that 22 lets you do that. 23 into one of the four tiles comprising the 24 zone by tapping on it. 25 And to come Then you can further zoom I have now zoomed on the mail TSG Reporting - Worldwide 877-702-9580 Page 61 1 file, and I can scroll this. 2 it is a little laggy in its response. 3 am doing now is to say that in the first 4 example, it is the mail file with all of the 5 headers and this constitutes the electric 6 document. 7 Q. And you can see What I If I could interrupt you, if you could help 8 us by keeping it upright then the video 9 camera will be able to record it. 10 A. As you can see, the shaking will make that 11 hard, especially since I am now sitting in a 12 very awkward angle to it, which makes it hard 13 to manipulate. 14 So I am doing a scroll, and as you 15 can see, I have clearly reached the edge of 16 the document here because I have the solid 17 gray area, so I am establishing the document 18 does, in fact, have an edge and there is area 19 beyond the edge. 20 But for our example, we are going 21 to stop short of having completely scrolled 22 off. 23 particular start state, this is the first 24 portion of the document referred to in Claim 25 1. And I am now going to say in this And now I'm going to have the device TSG Reporting - Worldwide 877-702-9580 Page 62 1 detect, and I'm going to scroll in the 2 vertical direction upwards, and here I have a 3 different portion, which is the second 4 portion. 5 And now I'm going to scroll a 6 little more and there's even less of the mail 7 file showing. 8 Catherine Thompson, which is white and which 9 is differentiated from Catherine Thompson by In fact, there is area below 10 a very thin, single pixel lines of 11 demarcation. 12 Q. Could you hold that up? Thank you. 13 A. Now, when I let go, it snaps back. 14 movement is subtle and I don't know whether 15 you caught it. 16 Q. The Do you want me to repeat it? Please. 17 A. Okay. 18 starting position, the bottom edge of the 19 mail file. 20 so until I am just at Sarah Carlson, like so. 21 And now when I let go, it bounces back and I 22 see yet a different view of the mail file 23 where there is nothing showing beyond the 24 edge that I saw previously. 25 So I'm near the edge for my I'm not going to scroll up like I have the bottom of the mail file TSG Reporting - Worldwide 877-702-9580 Page 63 1 in its entirety and it is different from 2 first, second and third portions. 3 Q. What if we exceed the threshold? 4 A. If we exceed the threshold, then we don't 5 get the bounce-back effect. 6 reversing of the direction or different 7 direction, which is all the claim calls for, 8 but bounce-back typically has this notion of 9 the opposite direction. There is no You are simply going 10 to scroll the file so that most of it and 11 eventually all of it becomes this gray no 12 man's land. 13 Q. In which case there is no snap-back, correct? 14 A. There is no snap-back in any of the prior 15 art, or I believe the patent itself and its 16 specification if you go beyond a certain 17 threshold. 18 Q. Looking at the blue button with the blue 19 bar -- 20 A. That's the chrome I was referring to 21 earlier. 22 Q. That chrome is adjustable on the 1950, 23 correct? 24 A. It is. 25 the E-mail application, I can move it up and Some of it is. In particular, in TSG Reporting - Worldwide 877-702-9580 Page 128 1 and in particular, I tried to be consistent 2 with how I saw Professor Balakrishnan and 3 Apple itself were interpreting the term, 4 using the term in their respective writings. 5 Q. Putting aside any construction that you 6 understood or believed Apple to be applying, 7 or Dr. Balakrishnan to be applying, did you 8 personally adopt or arrive at any other 9 constructions besides those that you believed 10 Apple or Dr. Balakrishnan to be applying? 11 A. You mean besides the electronic document, 12 were there other terms used in '381? 13 Q. Yes. 14 A. Sure. There are plenty of terms that were 15 used. 16 without being rigorously defined. 17 example, even such a simple thing as 18 direction is not defined and one could spend 19 a lot of time talking about what is meant by 20 direction, and what does and does not 21 constitute the same direction. I said it informally in the patent For 22 There is a dependent claim which 23 talks about opposite direction, what is the 24 meaning of opposite. 25 meaning, or a looser one. Is it a mathematical That is an example TSG Reporting - Worldwide 877-702-9580 Page 129 1 of a term that I didn't struggle with because 2 I took it in its common-sense meaning. 3 Q. If you could help to understand the 4 common-sense meaning with respect to 5 direction, what did you understand the 6 common-sense meaning of direction to be? 7 A. In the case of my examples, clearly I 8 thought in terms of the predominantly 9 horizontal movement in the case of the zones 10 example, and a vertical direction in the case 11 of scrolling, as exemplified by the mail 12 application. 13 Q. When you are thinking about the vertical 14 direction in the case of scrolling for the 15 mail application, did you understand that to 16 cover a predominantly vertical movement? 17 A. I did. 18 Q. I don't want to fixate on this, because I 19 understand that you have a tremor. 20 want to ask about the tremor. 21 A. You can, please. 22 Q. I didn't Meaning if you were drawing a line from point 23 A to point B, whether on the table right now 24 with a permanent marker, or on a piece of 25 paper, do you believe that you could draw a TSG Reporting - Worldwide 877-702-9580 Page 147 1 portions, but under the section panning 2 techniques and so on, there is talk about the 3 zoom space animates to a line, so there's a 4 lot of evidence in here about the fact that 5 there are alignment or snapping techniques 6 that are being used. 7 with all of the elements that we go through 8 for Claim 1 is not that explicit in here. 9 Q. Particular sequence When you prepared your declaration, you did 10 not rely on this reference as a anticipatory 11 reference, correct? 12 A. I didn't use the paper as a anticipatory 13 reference because I thought the code was a 14 much stronger antecedent. 15 Q. As a person of skill in the art who is 16 opining on the anticipation of the '381 17 patent, do you agree that this reference, 18 Exhibit 134, the AppLens and LaunchTile tile 19 article, does not anticipate the claims of 20 the '381 patent? 21 MR. BRIGGS: Object to the form. 22 Mischaracterizes prior testimony. 23 A. In each and every detail of the claim 24 language, it is not literally written out in 25 a step-by-step manner. It doesn't talk about TSG Reporting - Worldwide 877-702-9580 Page 148 1 portions in particular. 2 here enough information to say, is that a 3 particular instance of behavior described in 4 here, absolutely, but I think the combination 5 of the code and the behavior that the code 6 implements, plus the paper, makes for the 7 complete case. 8 9 Q. So one could find in I'm specifically excluding the code and the behavior that the code implements. I'm only 10 talking about the paper. As you sit here 11 today, as a person who reviewed this 12 reference and has made, offered, opinions on 13 the '381 patent claims thereof are 14 anticipated by LaunchTile and XNav, do you 15 believe that this reference before you, 16 Exhibit 134, anticipates the claims of the 17 Bas Ording '381 patent? 18 A. If you hand-simulate the entire panning 19 techniques paragraph, and you see that 20 there's always an attempt to snap to the 21 underlying grid, and you ask yourself the 22 question, what happens if we overscroll a 23 little, and we peak into the next zone after 24 having seen the gray border area, what would 25 happen, the answer unambiguously is it snaps TSG Reporting - Worldwide 877-702-9580 Page 150 1 of overshooting. 2 But LaunchTile also demonstrates 3 effectively the same behavior when you 4 undershoot. 5 wanted to say that to a person of ordinary 6 skill in the art, i.e., somebody familiar 7 with interaction techniques the notion of 8 gravity grids, alignment to grid lines is 9 absolutely bread and butter. 10 Q. I'm sorry to be verbose, but I Do you see each and every limitation of Claim 11 1 expressed expressly disclosed in this 12 reference? 13 A. No. 14 Claim 1 is very specific about these portions 15 and it makes distinctions about one being 16 smaller than the other and distinctions about 17 they cannot be the same. 18 is absent here. 19 system like LaunchTile, and you have a 20 gravity grid, an alignment grid and you think 21 about what has to happen during alignment, 22 and you then calculate what pixels are going 23 to be visible, I think it is all totally 24 deducible. 25 Q. And the reason I don't is because And that language But, again, if you take a That's what I am asking, that you exclude the TSG Reporting - Worldwide 877-702-9580 Page 151 1 LaunchTile system as implemented, the 2 LaunchTile code, the XNav code, I'm simply 3 asking if you look at this document, you 4 would agree, with me, wouldn't you, that this 5 document, 134 before you, does not expressly 6 disclose each and every limitation as recited 7 in Claim 1 of the Bas Ording '381 patent? 8 A. Because that language include statements 9 about portions of the electronic document and 10 this does not use that terminology, this does 11 not explicitly disclose. 12 my qualifier. 13 MR. HUNG: 14 Explicitly, that is Why don't we go off the record, because he needs to change the tape. 15 THE WITNESS: 16 THE VIDEOGRAPHER: 17 That's fine. 3:15 p.m., we are going off the record. 18 (OFF THE RECORD) 19 THE VIDEOGRAPHER: 20 21 3:28 p.m., we are back on the record. Q. Dr. van Dam, in reviewing the Bederson 22 declaration, attached to that declaration 23 were a couple of videos. 24 viewing those? 25 A. No, I do not. Do you recall TSG Reporting - Worldwide 877-702-9580 Page 152 1 Q. So I take it that you don't have an opinion 2 as to whether the videos that were attached 3 to his declaration independently anticipate 4 the claims of the '381 patent or not? 5 A. Correct. 6 Q. In the last exhibit that was before you, 7 Exhibit A, that was, there's a reference to a 8 CHI, C-H-I, conference in Portland, Oregon. 9 Do you see that on the very first page? 10 11 A. Yes. Q. 12 13 A. I did not. Q. 14 15 Did you attend that conference? Have you ever heard of the phrase on rails? A. I have. Q. In connection with graphical user interface? 16 A. Until I started working on this case, I 17 hadn't recalled the use of that term. 18 Q. When you saw that phrase in connection with, 19 I take it, your review of literature for this 20 case, what did you understand that phrase to 21 mean? 22 A. Aligned. 23 of having an underlying grid of some kind and 24 forcing the object that you are manipulating 25 to be aligned. Again, the standard vocabulary TSG Reporting - Worldwide 877-702-9580 Page 154 1 reason to align an object to a grid is to 2 ensure that a user knows where they are in a 3 document? 4 A. It's one use of alignment. 5 alignment would be to build a composite and 6 you want to obey certain layout principles. 7 For example, you would use a Swiss grid, 8 which is a standard design technique for 9 layout used in newspapers and magazines. Other use of And 10 many of our ideas about user interfaces come 11 from the graphical design world. 12 Q. Have you ever worked with technologies that 13 auto-center objects on a screen? 14 MR. BRIGGS: Objection. Vague. 15 A. As I understand you without your having 16 define what you mean by object, I will impose 17 my own interpretation and say that in the 18 earliest Word and Document and Hypertext 19 processing systems that I helped design, and 20 that my students implemented, we had the 21 notion of centering objects, such as titles, 22 headings, paragraphs. 23 within a hierarchical compound document. 24 I am answer in the affirmative. 25 Q. Thank you. Those are all objects So Let's focus on documents now, and TSG Reporting - Worldwide 877-702-9580 Page 155 1 documents as discussed in the '381 patent. 2 You would agree with me, wouldn't you, that 3 LaunchTile, when one is depicting the 2 x 2 4 zone, and when one moves off as to display a 5 portion other than the 2 x 2 zone, when you 6 release the 2 x 2 zone, it sends, correct? 7 A. Correct, by zone, and that design choice 8 is mentioned in here. 9 Q. And, in fact, that is an express design 10 purpose for LaunchTile? 11 A. Correct. 12 Q. And the functionality for the 2 x 2 zone, the 13 snap functional for 2 x 2 zone is auto center 14 on a zone? 15 A. Um-hum. 16 Q. And we saw that same functionality not just 17 with the 2 x 2 zone example, your second 18 example in your declaration, but also with 19 the 2 x 4, correct? 20 A. The underlying alignment grid tries always 21 to make zones fit to that grid. 22 Q. And, in fact, we see this with respect to the 23 overscrolling or overpanning situation in 24 LaunchTile or in XNav, correct? 25 A. Correct. TSG Reporting - Worldwide 877-702-9580 Page 157 1 row within the highlight displayed on the 2 device, correct? 3 MR. BRIGGS: Objection. 4 Foundation. 5 A. Yeah, I don't think that that behavior 6 necessarily implies the existence, even of a 7 highlight. 8 useful feature for the reader of the mail 9 list is that you don't have half a row of You could simply say that a 10 some header exhibited. 11 exhibit whole rows. 12 it is aesthetically more pleasing. 13 like to see things cut off, and most people 14 don't. 15 Q. You always want to You don't have to, but I don't Putting aside what you characterized as the 16 edge example in the E-mail list, I want to 17 exclude that. 18 occur with respect to the highlight, in which 19 a header row, upon release of the finger or 20 stylist device, then caused the header row to 21 snap or bounce into the highlight? 22 A. Um-hum. 23 Q. When we saw the snap effect A benefit of that functionality is to center 24 the header row within the highlight, correct? 25 A. I think that's a reasonable TSG Reporting - Worldwide 877-702-9580 Page 158 1 interpretation. 2 functionality could exist independent of any 3 highlighting. 4 highlighting, and it still would be useful to 5 show a list without any line being cut off in 6 the middle. 7 Q. But I repeat myself, that You could remove the As we saw this morning, whenever the 8 snap-back effect occurred in a list, in the 9 E-mail list example, whether for XNav or 10 LaunchTile, it always caused the snap-back of 11 a header row into the highlight, correct? 12 A. We saw that, but I didn't focus on that, 13 and it's not mentioned in my declaration, 14 because I didn't do that analysis relative to 15 the selection bar. 16 edge to follow the patent claim language. 17 Q. I did it relative to the We discussed this morning that you did not 18 review the source code, or you don't have an 19 opinion on the source code as you sit here 20 today relating to a snap effect that may 21 occur with respect to the highlighted bar? 22 A. That's correct. 23 MR. HUNG: We don't need to 24 videotape this, although let's mark it as an 25 exhibit, just so we know it was marked. TSG Reporting - Worldwide I 877-702-9580 Page 159 1 marked as van Dam Exhibit 135 the Sony with 2 XNav product to which you and I discussed 3 this morning. 4 THE WITNESS: 5 6 You can take that. Thank you. (EXHIBIT 135 MARKED FOR IDENTIFICATION) Q. As I have handed it to you, you will see the 7 entire E-mail list is displayed on the page? 8 A. Um-hum. 9 Q. 10 11 With a white portion above the top E-mail? A. Right. Q. And that the highlight bar has been 12 positioned at the very top of that page. 13 you see that? 14 A. Okay. 15 highlight bar, I will take your word for it. 16 It is not the border of that window. 17 the highlight part, you say, so it is not 18 highlighting any subject header at this 19 point. 20 Q. Correct. Do If you tell me that is the It is When you scroll that list right 21 now, if you were to scroll the list, no 22 bounce effect occurs; isn't that right? 23 A. It just did. 24 opposite direction. 25 header that came into view under the No, not a bounce in the It did center the first TSG Reporting - Worldwide 877-702-9580 Page 160 1 2 highlight bar. Q. So to make sure I can verbally characterize 3 what you just saw, to start, what you were 4 seeing on the screen was an E-mail list with 5 a white, a blank white portion above the top 6 list E-mail? 7 A. Yes. 8 Q. 9 And a blue highlight at the very top of the display, correct? 10 A. All I can say is that I am seeing a blue 11 bar. 12 fact that it is, in fact, the highlight bar. 13 Q. I would have to take your word for the And when you made small adjustments in the 14 pixel range, 1, 2, 3 pixel range of the list, 15 it did not bounce? 16 A. There was no snapping behavior. 17 able to move the list, and then when I got 18 close to the bar, it sucked in the full 19 header, so it did the alignment that you 20 talked about. 21 That is the symmetric attraction for 22 undershoot. 23 Q. I was But that's not a bounce-back. The alignment in the example that you just 24 attempted, the action that you just 25 performed, the alignment was with respect to TSG Reporting - Worldwide 877-702-9580 Page 161 1 the blue highlight and not with respect to 2 the edge of the E-mail list as depicted, 3 correct? 4 A. I can't testify to that. 5 certainly did align with the blue bar, and if 6 the blue bar aligns with the headers, then by 7 definition, the header aligns to the blue 8 bar. 9 whether underlying the logic even cares about 10 the blue bar, or whether it's simply saying I 11 have the available display space. 12 gridded. 13 I'm aligning so that each other fits centered 14 in its row. 15 That's tautological. I saw that it But I don't know It is It has row upon row and row, and You could have that logic and 16 exactly the same behavior, but there is no 17 attempt in the code to align it with the blue 18 bar. 19 effect, and I can't tell them apart by 20 looking at the visual behavior. 21 Q. It's sort of confusing cause and Without looking at the code? 22 A. Without looking at the code, exactly. 23 is absolutely centering headers in a row of 24 the underlying grid. 25 Q. It I want to make sure that I am understanding TSG Reporting - Worldwide 877-702-9580 Page 172 1 2 there are any number of ways to do it. Q. What about further down in the middle column 3 where you see the phrase, New Day, New Rulers 4 in Afghanistan; do you see that? 5 A. Can you show me, it would be faster? 6 Q. 7 8 At the very bottom of the page right here. A. Yes, those links. Q. 9 If one had positioned the A wall browser window in this figure, figure 10 of the Lira 10 PCT application, over that New Day, New 11 Rulers in Afghanistan text, how would one 12 know when they had moved the window beyond 13 the edge of the column? 14 A. One wouldn't know for sure, because it 15 depends on the layout for this column. 16 the fact that you have wrapping to the next 17 line might give you a clue that you were 18 about to go over the column boundary, 19 particularly if you saw a solid, gray area on 20 the right. 21 Q. But Assuming -- 22 A. I'm sorry, but let me make a point that 23 applies to all of your questions. 24 clues, but it is mostly in the motion as you 25 move around that you get a sense of where you TSG Reporting - Worldwide There are 877-702-9580 Page 173 1 are, and the snapping behavior helps with 2 that. 3 are queues. 4 ants, or something, demarcation in these 5 implementations that tells you that you are 6 about to go off the edge. 7 that prevents you from having that. 8 these references are silent on that. 9 Q. The visual queues are just that, they There is no definitive Marching There is nothing All of What was the checkerboard exhibit to your 10 right, what number was that? 11 A. That was 133. 12 Q. For Exhibit 133, if we removed all of black 13 from that page and simply had a bright red 14 square -- 15 A. You mean this red square? 16 Q. Correct. The entire page was covered with 17 the red square, there were no visual 18 indicators at all as to separate anything on 19 that page in that square, could there be 20 multiple documents on that page? 21 A. In that particular case, that's kind of a 22 reductural ad absurdum example, because it is 23 a solid field of red. 24 absolutely. 25 have rows, so you could define, even on the You could say, You can have columns. TSG Reporting - Worldwide You can 877-702-9580 Page 232 1 follow-up, there is follow-up. 2 appreciate your time, Dr. van Dam. 3 are happy to close the deposition now. 4 MR. BRIGGS: 5 THE WITNESS: 6 7 Great. But I And we Thanks. Very good. Thank you. THE VIDEOGRAPHER: It is 6 p.m., 8 we are off the record. 9 videotaped deposition of Andries van Dam on 10 11 This concludes the September 14, 2011. (DEPOSITION CONCLUDED AT 6:00 P.M.) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TSG Reporting - Worldwide 877-702-9580 Page 233 1 2 3 4 5 6 7 8 9 10 11 12 C E R T I F I C A T E I, Barbara Warner, a Notary Public in and for the State of Rhode Island, duly commissioned and qualified to administer oaths, do hereby certify that the foreging Deposition of Andries van Dam, a Witness in the above-entitled cause, was taken before me on behalf of the Plaintiff, at the offices of Allied Court Reporters, 115 Phenix Avenue, Cranston, Rhode Island on September 14, 2011 at 9:30 A.M.; that previous to examination of said witness, who was of lawful age, he was first sworn by me and duly cautioned to testify to the truth, the whole truth, and nothing but the truth, and that he thereupon testified in the foregoing manner as set out in the aforesaid transcript. I further testify that the foregoing Deposition was taken down by me in machine shorthand and was later transcribed by computer, and that the foregoing Deposition is a true and accurate record of the testimony of said witness. 13 14 15 16 17 Pursuant to Rules 5(b) and 30(f) of the Federal Rules of Civil Procedure, original transcripts shall not be filed in Court; therefore, the original is delivered to and retained by Plaintiff's attorney, Richard S.J. Hung, Esquire. Correction and signature pages were sent to Plaintiff's Counsel, Todd M. Briggs. 18 19 IN WITNESS WHEREOF, I have hereunto set my hand and seal this 15th day of September, 2011. 20 21 22 23 24 25 __________________________________________ BARBARA WARNER, NOTARY PUBLIC/CERTIFIED COURT REPORTER TSG Reporting - Worldwide 877-702-9580

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