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

Filing 279

Reply Declaration of Peter W. Bressler in Support of 86 Apple's Motion for Preliminary Injunction filed by Apple 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, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31)(Jacobs, Michael) (Filed on 9/30/2011) Modified on 10/3/2011 linkine entry to document #86 (dhm, COURT STAFF).

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BRESSLER EXHIBIT 2 ATTORNEYS' EYES ONLY Page 1 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 SAN JOSE DIVISION 4 5 6 7 8 9 10 11 12 APPLE, INC., a California corporation, ) ) )CASE NO. Plaintiff, )11-CV-01846-LHK ) vs. ) ) 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, ) ) Defendants. ) -------------------------------) 13 14 15 ***ATTORNEYS' EYES ONLY*** 16 17 18 19 20 VIDEOTAPED DEPOSITION OF ITAY SHERMAN New York, New York Thursday, September 15, 2011 21 22 23 24 25 Reported by: JOMANNA DeROSA, CSR JOB NO. 41963 TSG Reporting 877-702-9580 ATTORNEYS' EYES ONLY Page 6 1 A. I have been involved in the design 2 of multiple products, including cellular phones 3 and some consumer electronic devices. 4 Q. 5 the design. 6 You said you've been involved in What does that mean? 7 A. Correct. In -- the company I 8 worked in, MODU, I was CTO of the company, and I 9 had been supervising the work of the ID design 10 team, plus external teams. 11 Q. Did you do any of the designing? 12 A. I've been consulting to them. I 13 have been proposing ideas. 14 whether I was actually sketching the 3-D images on 15 a 3-D CAD system, I was not the one actually doing 16 the CAD. 17 18 19 Q. If the question is And what steps did the team at MODU go through to design the products? A. We would usually start with a 20 general concept of what is the functionality, what 21 is the target audience and target device we want 22 to achieve. 23 We would then start with what we 24 call the mood boards, which basically go through 25 defining what is the overall image that we're TSG Reporting 877-702-9580 ATTORNEYS' EYES ONLY Page 20 1 would say is the technical impossibility is 2 something that cannot be done in -- something that 3 cannot be done in any conceivable way. 4 Q. Was there any case where you were 5 told -- actually, I'm going to come back to that 6 point. 7 8 Did you take any courses in industrial design? 9 A. No, I did not. 10 Q. Have you taught courses in 11 industrial design? 12 A. No, I did not. 13 Q. Have you ever taken courses where 14 you studied minimalism? 15 A. No. 16 Q. Have you read any books on 17 minimalism? 18 A. Not specifically on minimalism, no. 19 Q. You say "not specifically on 20 minimalism." 21 Have you read books related to 22 minimalism? 23 A. I've read some books where the 24 mention of minimalism was there, but they were not 25 the main subject of these books. TSG Reporting 877-702-9580 ATTORNEYS' EYES ONLY Page 38 1 help him. 2 noncompound question in the first place. 3 Q. It's your obligation to ask a Are there multiple -- 4 MR. ZELLER: 5 Q. Please ask one. Are there -- are there multiple 6 designs of telephones with keypads that are 7 minimalistic? 8 9 A. would say yes. 10 11 For a telephone with keypads, I Q. Are there multiple designs of telephones without keypads that are minimalistic? 12 A. In the case of devices -- and I'm 13 answering specifically for devices that are 14 dominated by the large screen -- generally, the 15 form is mostly dictated by the fact that there is 16 a display. 17 dictated. And so the general form is pretty much 18 And if we stick to the fact that 19 you -- that minimalistic is not adding anything 20 beyond, then the answer would be that overall, it 21 wouldn't be. 22 Q. I'm not asking about a large 23 display screen. 24 without keypads. 25 I'm asking about telephones So are there multiple designs of TSG Reporting 877-702-9580 ATTORNEYS' EYES ONLY Page 43 1 that display as the interaction, which is the 2 predominant form for smartphones today, these are 3 the designs I was referring to when saying that 4 there is essentially only one minimalistic design 5 of it because it's predominated by the display. 6 7 Q. So you believe that -- so there's no other way to design those phones? 8 A. That's not what I said. I said 9 that there would be -- when asked whether there 10 would be multiple minimalistic designs for that 11 phone, then the answer would be that I don't think 12 there would be because their general shape is 13 predominantly due to the display itself. 14 they could be designed in other ways, that's a 15 different question. 16 Q. 17 20 21 But those other ways would be non-minimalistic? 18 19 Whether Is that the distinction you're making? A. You've asked me regarding minimalistic. 22 Q. Yes. 23 A. Regarding minimalistic, I'm saying 24 there would be, in that specific case of the 25 mobile phone that has a large display, which is TSG Reporting 877-702-9580 ATTORNEYS' EYES ONLY Page 44 1 also the element through which you are interacting 2 with the phone, since that screen is the dominant 3 part, there would not be multiple minimalistic 4 designs or that you would significantly 5 distinguish -- there would not be multiple 6 minimalistic designs. 7 Q. What about tablet computers; do you 8 believe that there are multiple minimalistic 9 designs for tablet computers? 10 A. So when we're talking about -- 11 also, tablet computers include multiple types of 12 designs in terms of their functionality. 13 So if you -- if you could clarify 14 if you're referring to tablets that have large 15 screens and are completely -- the interaction is 16 completely via the display, or are you referring 17 to the large -- to the other examples of tablets? 18 19 20 21 Q. examples. I'm not aware of the other Please tell me what's out there. A. There are other designs where they have foldable keypads and so on. So -- 22 Q. Let's exclude those -- 23 A. Okay. 24 Q. -- those other designs, and focus 25 on what you described as tablets that have large TSG Reporting 877-702-9580 ATTORNEYS' EYES ONLY Page 45 1 screens. 2 A. So for -- 3 Q. So the question is: For those, is 4 there only one minimalist design for that type of 5 tablet computer? 6 A. For a tablet that has a large 7 screen through which all the interaction is made, 8 trying to create a minimalistic design would 9 basically fall to the same issue as I mentioned on 10 the handsets, and that is that it is predominantly 11 controlled by the screen itself. 12 This is the main element. Since 13 the displays are essentially square in nature, the 14 overall design is going to be square. 15 generally, you would not have multiple 16 minimalistic designs that differ significantly in 17 that case. And so 18 Q. Are you familiar with Tadao Ando? 19 A. No, I have not. 20 Q. Have you heard of Dieter Rams? 21 A. No, I have not. 22 Q. What about Ludwig Mies van der 24 A. Yes. 25 Q. Who is he? 23 Rohe? TSG Reporting 877-702-9580 ATTORNEYS' EYES ONLY Page 47 1 A. No, I did not take classes in law. 2 Q. Have you ever studied patent law? 3 A. I have not studied in courses 4 patent law. 5 Q. Did you otherwise study patent law? 6 A. I have been made familiar with it 7 through my work at MODU through the interaction 8 with patent lawyers. 9 somebody who's submitted patents, but not as a 10 But again, to the extent of patent lawyer. 11 Q. 12 to your work at MODU. 13 We'll come back briefly -- shortly Did you take any marketing classes? 14 15 A. No, I did not take marketing Q. Have you ever done any surveys? classes. 16 17 MR. ZELLER: MS. TAYLOR: 18 Sorry. Did you say Surveys. surveys? 19 20 A. Have I done personally surveys? 21 Did I go and actually executed them? 22 not. 23 them, the answer would be yes. 24 25 No, I did Whether I reviewed them, helped in creating Q. What kind of surveys did you review or help create? TSG Reporting 877-702-9580 ATTORNEYS' EYES ONLY Page 124 1 bottom of the MODU-1 design that you couldn't show 2 to me because we don't have a picture of the 3 bottom of the phone? 4 5 MR. ZELLER: I'm sorry. Which other phone? 6 MS. TAYLOR: The MODU-1. 7 MR. ZELLER: The -- the first one? 8 MS. TAYLOR: Yes. 9 MR. ZELLER: Thank you. 10 A. Again, in the sense that this is 11 sort of an elongated shape, almost oval, 12 basically, two straight lines ending with 13 rounded -- slightly rounded corners, yes, it is. 14 Whether that's exactly the same height, width, 15 radiuses, I don't think they are. 16 not sure. 17 18 But again, I'm I haven't measured it. Q. Why do they have slightly rounded A. Again, it's -- on this design corners? 19 20 specifically, and generally when you're dealing 21 with creation of holes for earpiece or speaker, 22 the shape is very much dictated by the shape of 23 the component inside and the location inside the 24 phone. 25 So both in our case here and also TSG Reporting 877-702-9580 ATTORNEYS' EYES ONLY Page 148 1 dimension as the earpiece component? 2 3 MR. ZELLER: The question is vague. Incomplete hypothetical. 4 A. Again, this is trying to sort of 5 capture general terms. If you will direct me to 6 things that I am aware of or designed, I can 7 answer. But that's a very general question. 8 Q. Have you designed earpiece slots? 9 A. Correct. 10 Q. Where did you design earpiece 12 A. As part of the MODU design. 13 Q. And in the case of the MODU 11 slots? 14 earpiece slots, was the dimension exactly the same 15 for the earpiece slot as the earpiece component? 16 A. So in the case of MODU, the 17 components that we used basically came up with 18 recommendation on what would be the minimal hole 19 size to be used with these components. 20 size itself was not identical. 21 So the However, there were very clear 22 limitations on what size that should be. It 23 should not extend beyond the earpiece itself so 24 air wouldn't sort of flow out. 25 specific limitations on how small it should be. But it had very TSG Reporting 877-702-9580 ATTORNEYS' EYES ONLY Page 154 1 dimensions matched up exactly with the speaker 2 components in those phones. 3 A. Is that correct? We did not observe these pieces as 4 part of taking this apart simply because we didn't 5 have an interest in that specific part. 6 Q. Have you ever looked into or made 7 any effort to figure out what any other companies 8 have done in terms of matching up speaker slot 9 dimensions to -- I'm sorry -- earpiece slot 10 dimensions to earpiece components? 11 MR. ZELLER: 12 A. The question is vague. Are you asking me again if I took 13 the phone apart and looked into these 14 measurements? 15 Q. Or talked to manufacturers -- other 16 handset manufacturers; anything you've done to 17 figure out what people are doing. 18 A. Again, as I mentioned, we as a 19 manufacturer had the direct connection with the 20 component vendors. 21 directions actually not only from one, but at 22 least two that we have been in contact with. 23 And we got these type of So I assume that is the practice of 24 most or all of these vendors to actually provide 25 that. That is also very rational because TSG Reporting 877-702-9580 ATTORNEYS' EYES ONLY Page 155 1 otherwise, the air would not flow. 2 Q. But other than those directions you 3 got from the component manufacturers, you don't 4 have any other particular knowledge on this issue? 5 MR. ZELLER: Mischaracterizes the 6 witness' testimony. He's given you his basis 7 previously with engineering. 8 to mischaracterize his testimony. 9 improper. 10 A. So you continue This is It's asked and answered. Again, I will repeat my answer 11 here. 12 in designing mobile phones, that these components 13 come up with guidance on the size of the hole that 14 needs to be maintained in order for them to 15 operate within spec. 16 Q. Did MODU sell any tablet computers? 17 A. MODU did not sell tablet computers. 18 Q. Did it design any tablet computers? 19 A. MODU did not design a tablet, 20 per se, no. 21 Q. 22 I know, based on the work that I have done Did you ever give any input on the design of a tablet computer? 23 A. Again, did I provide inputs on 24 tablets or computers? 25 Q. Design of tablet computers. TSG Reporting 877-702-9580 ATTORNEYS' EYES ONLY Page 328 1 2 3 CERTIFICATE STATE OF NEW YORK ) 4 5 )ss: COUNTY OF NEW YORK) 6 I, JOMANNA DeROSA, a Certified 7 Shorthand Reporter and Notary Public within 8 and for the States of New York, New Jersey, 9 California and Arizona, do hereby certify: 10 That ITAY SHERMAN, the witness 11 whose deposition is hereinbefore set forth, was 12 duly sworn by me and that such deposition is a 13 true record of the testimony given by such 14 witness. 15 I further certify that I am not 16 related to any of the parties to this action 17 by blood or marriage, and that I am in no 18 way interested in the outcome of this 19 matter. 20 21 In witness whereof, I have hereunto set my hand this 16th day of September, 2011. 22 23 _____________________ JOMANNA DeROSA 24 25 TSG Reporting 877-702-9580

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