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).
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?