Apple Inc. v. Samsung Electronics Co. Ltd. et al
Filing
310
Declaration of Grant L. Kim in Support of Apple's Objections to Samsung's Untimely New Evidence, filed by Apple Inc.. (Attachments: #1 Exhibit A, #2 Notice of Manual Filing Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Notice of Manual Filing Exhibit E, #6 Exhibit F, #7 Notice of Manual Filing Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Jacobs, Michael) (Filed on 10/17/2011) Modified on 10/18/2011. Cannot link entry. Ojections have not been efiled. NOTICES OF MANUAL FILING ARE NOT IN COMPLIANCE WITH GENERAL ORDER NO. 62 (dhm, COURT STAFF).
EXHIBIT A
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
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APPLE INC., a California
corporation,
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Plaintiff,
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vs.
CASE NO. 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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C O N F I D E N T I A L
A T T O R N E Y S' E Y E S O N L Y
O U T S I D E
C O U N S E L
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VIDEOTAPED DEPOSITION OF RAVIN BALAKRISHNAN, Ph.D.
SAN FRANCISCO, CALIFORNIA
TUESDAY, AUGUST 16, 2011
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BY: ANDREA M. IGNACIO HOWARD, CSR, RPR, CCRR, CLR
CSR LICENSE NO. 9830
JOB NO. 41176
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TUESDAY, AUGUST 16, 2011
9:10 a.m.
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VIDEOTAPED DEPOSITION OF RAVIN BALAKRISHNAN,
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Ph.D., taken at QUINN EMANUEL URQUHART &
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SULLIVAN, 50 California Street, 22nd Floor,
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San Francisco, California, pursuant to
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Notice, before me, ANDREA M. IGNACIO HOWARD,
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CLR, CCRR, RPR, CSR License No. 9830.
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A P P E A R A N C E S:
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FOR APPLE INC.:
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MORRISON & FOERSTER
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By:
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ANDREW E. MONACH, Esq.
DEOK KEUN AHN, Esq.
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425 Market Street
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San Francisco, California 94105
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FOR SAMSUNG ELECTRONICS CO. LTD:
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QUINN EMANUEL URQUHART & SULLIVAN
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By:
KEVIN JOHNSON, Esq.
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HENRY LIEN, Esq.
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TODD BRIGGS, Esq.
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MARK TUNG, Ph.D., Esq.
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555 Twin Dolphin Drive
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Redwood Shores, California 94065
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ALSO PRESENT:
Alan Dias, Videographer
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opinion.
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THE WITNESS:
I don't think I talked about
internal boundary at all.
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MR. JOHNSON:
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Q
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Okay.
boundary?
Can an electronic document have an internal
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MR. MONACH:
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MR. JOHNSON:
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We talked about it in the
context of the contacts on the Tab 7 that had the -the list of names.
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Object.
MR. MONACH:
Object to the form of the
question as vague, misstating the prior testimony.
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MR. JOHNSON:
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A
So do you understand my
question?
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Q.
I -- I'm not 100 percent sure, because the
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word "internal boundary" I don't think, has come up
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yet, and if I look at the con- -- if I go back to the
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contacts list discussions, if I recall correctly this
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morning, the only thing that when we talked about the
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boundary of the contact list, I mean, there's the
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application that has more decorations around it,
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but -- so it -- you know, maybe you can be more
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specific about what you mean by -- when you say
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"internal boundary."
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Q
Okay.
So if we -- you can put that one down
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and pick up the tab -- this is Tab 7.
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A
Okay.
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Q
And if you go to the contacts --
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A
Yes, I'm at the contacts.
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Q
-- location, right.
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If you -- so my question is:
I think earlier
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you said, use a pen, if you want to use a pen, can you
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draw -- just can you just sort of show the camera what
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the electronic document is in that context?
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MR. MONACH:
Object to the form of the
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question; calls for a legal conclusion, incomplete
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hypothetical; asking for a new opinion.
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THE WITNESS:
Okay.
Let me just refresh
myself on what this thing does here.
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So I think I -- I believe I testified that
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the electronic document -- this would be a portion of
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the electronic document, because the entirety is not
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shown.
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in this rectangular column, and right now it's showing
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me a partial --
It's will be this, this stuff that's displayed
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MR. JOHNSON:
Yeah.
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THE WITNESS:
-- amount.
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MR. JOHNSON:
Q.
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So there -- there are
pieces above the F and below the T?
A
There -TSG Reporting - Worldwide
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MR. MONACH:
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MR. JOHNSON:
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A
Object to form.
Q.
Or maybe not below it.
Yeah, there is stuff above the F and below
the T, yes.
Q
Okay.
So all I was asking was, you can have
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an electronic document that has an internal boundary
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within a screen; right?
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MR. MONACH:
question as vague.
Objection; calls for a legal
conclusion.
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Object to the form of the
THE WITNESS:
So I -- I'm not -- again, I'm
still not sure what you mean by "internal."
It --
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MR. JOHNSON:
I'm --
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THE WITNESS:
Are you saying that this is the
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boundary of the electronic document?
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MR. JOHNSON:
Q
Yeah.
I just meant that that's internal because
it's -- it's located within the middle of the screen?
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So in that -- that boundary doesn't match the
edge of the screen --
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Q
Exactly.
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A
-- is what you're -- is that what you're
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saying?
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Q
Exactly.
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A
Sure, the boundary of the document doesn't
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have to align with the screen.
Q
So you can have -- you can have the edge of
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the boundary be something other than the edge of the
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screen?
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MR. MONACH:
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MR. JOHNSON:
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thing.
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Objection; vague.
I think we're saying the same
I'm just -- I'm really bad with trying to -I want to make sure I say the right thing
with my understanding of what you're saying, too.
Q
So all I'm saying is, under your view of an
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electronic document, an electronic document can have a
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boundary that is internal to the screen or, you know,
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doesn't have to be at the edge of the screen --
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MR. MONACH:
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MR. JOHNSON:
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MR. MONACH:
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Objection; form.
Q.
-- right?
Objection; calling for a legal
conclusion; asked and answered.
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You can do it again.
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THE WITNESS:
So as I answered earlier, and
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my opinion is that the boundary of the electronic
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document, in this case, this -- this edge is one
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boundary of it, does not have to match the edge of the
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screen, yes.
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MR. JOHNSON:
Q
Okay.
So just, during the lunch, I had the guys
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just print up a sheet of paper with some squares on it
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for me.
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quadrants that are labeled 1 to 36 on here are the
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entire -- that's this -- that's the screen of the
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display.
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A
So if you imagine, sir, that the -- the
So the whole -- the big rectangular is the
screen?
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Q
Right.
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A
Okay.
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Q
So you can have an electronic document that
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consists of smaller grids within the screen; right?
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MR. MONACH:
Object to the form of the
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question; calling for a legal conclusion; incomplete
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hypothetical; asking for a new opinion.
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THE WITNESS:
It would depend on what one
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considers to be the electronic document.
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one of these, let me call it sub rectangles that you
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can label with numbers.
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of them.
It could be
It could be some combination
It --
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MR. JOHNSON:
Right.
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THE WITNESS:
-- really depends on -- depends
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on how, you know, you want to put the boundary around
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it.
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MR. JOHNSON:
Q.
So you could draw a
boundary, hypothetically, around squares 15, 16, 17,
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18, 21 and 22, 23 and 24?
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A
Say -- sorry.
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Q
22, 23, and 24.
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A
So kind of like this?
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Q
Yeah, go ahead and draw it.
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MR. MONACH:
15, 16, 17, 18, 21?
Object to the -- object to the
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form of the question as vague and ambiguous;
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incomplete hypothetical.
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MR. JOHNSON:
Q.
Make it a little more
noticeable for me.
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A
We've got black lines around it.
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Q
Yeah, okay.
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So that could be an electronic document;
right?
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Depend --
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MR. MONACH:
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THE WITNESS:
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Depending on the context, depending on the
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Same objection.
Sorry.
I jumped in there.
application, it could be.
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MR. JOHNSON:
Okay.
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THE WITNESS:
Or some other collection.
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MR. JOHNSON:
Q.
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It's not limited to that;
right?
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A
I would not say it's limited.
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Q
So it could be also a -- a six-by-six grid or
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application and what a document means in that context.
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MR. JOHNSON:
Q.
If -- going back to the
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original two-by-four rectangle of 15, 16, 17, 18, 21,
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22, 23, 24, if you look at that, is it fair to say
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that this line right here is an edge of the electronic
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document?
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A
The line --
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MR. MONACH:
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Hang on a second.
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THE WITNESS:
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MR. MONACH:
Object.
I'm sorry.
Objection; vague and ambiguous;
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incomplete hypothetical; calling for a legal
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conclusion and a new opinion.
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THE WITNESS:
this prior to this, you putting this in front of me.
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So, again, I haven't considered
Thinking on the fly here, so you're saying
this line -- the vertical line between --
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MR. JOHNSON:
Since the witness is pointing,
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I just want to make sure you get what he's pointing
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to.
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Yeah.
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THE WITNESS:
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The vertical line between 14
and 15, and 20 and 21, here, this --
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Q
That -- that's right, yeah.
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A
-- line.
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MR. JOHNSON:
Sir --
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THE WITNESS:
-- electronic document in the
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con- -- but I have not studied this application in
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detail enough to determine what the contact of use of
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this application is.
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might be considering each of these tiles as a separate
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electronic document.
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MR. JOHNSON:
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Maybe in this application it
I do not know that.
Q.
I'm asking you, does the
2x2 tiles that we see currently on the screen, does
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that meet your definition of "electronic document," as
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that term is used in the '381 patent?
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MR. MONACH:
Objection; lack of foundation;
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incomplete hypothetical; asking the witness to draw a
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legal conclusion and a new opinion for the first time
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at the deposition with inadequate information.
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THE WITNESS:
And as I believe I already
answered, it depends on what the context of use is.
So if -- if, indeed, the application
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considers those four things as one entity and is --
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has defined boundaries, then that might meet the
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electronic document definition, as used in the claims,
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but it -- it might not.
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It might -- it might be that each of those --
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each of these tiles or quadrants might be a separate
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electronic document.
I would have to study this in
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the context of use of this -- of these pieces of tiles
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in this application to determine that with any
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certainty.
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MR. JOHNSON:
Q.
So you don't know right
now, sitting here?
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I cannot give you a definitive answer.
It
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could be an electronic document, depending on the
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context of use.
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Q
So when -- when he slides it slightly to the
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left, does that display a first portion of an
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electronic document if you assume that that 2x2 grid
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is an electronic document?
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MR. MONACH:
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THE WITNESS:
Same objection.
So if we make that assumption
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that that 2x2 grid in its entirety is an electronic
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document and after he slid it, that could be a first
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portion.
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Now, I would still note that when he moved
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it, the -- if the electronic document was the
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entirety, including that blue circle in the middle,
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when he moved it, the blue circle did not move --
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Q
Are --
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A
-- so not all -- let me finish, please.
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The -- the blue circle did not move, so the
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MR. JOHNSON:
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electronic document?
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MR. MONACH:
Q.
So is a web page not an
Same objection; vague and
ambiguous.
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THE WITNESS:
So Claim 7 says the electronic
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document is a digital image, so it's -- it's trying
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to -- my understanding is it's trying to give a more
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specific instance of what an electronic document is,
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in that -- in that example, in that claim.
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MR. JOHNSON:
Q
Right.
Using your -- what is the -- what is the -- I
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already asked you this.
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definition -- strike that.
I mean, using your
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Using the definition of a person of ordinary
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skill in the art would understand a digital image to
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mean, does Exhibit 114 meet the limitations of
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Claim 7?
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MR. MONACH:
Same objections as previously
stated.
THE WITNESS:
And I think I've already
answered that.
I -- without knowing more information about
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what that -- those four tiles are that you have
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represented to be the electronic document, is that a
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single image?
Is it multiple images?
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text?
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MR. JOHNSON:
Well, take a look --
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THE WITNESS:
I can't tell from -- this could
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be four images that are concatenated together to form
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one document.
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MR. JOHNSON:
Q.
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limitation?
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So would that not meet the
does that avoid Claim 7?
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If it's a concatenated series of images,
MR. MONACH:
Same objection.
THE WITNESS:
I don't know.
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considered that scenario.
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document is a digital image.
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I haven't
concatenated set of images.
It says here the electronic
It doesn't talk about a
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MR. JOHNSON:
Okay.
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THE WITNESS:
And so I would have to study
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that scenario in detail before answering that
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question.
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MR. JOHNSON:
Q.
Does a concatenated series
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of images satisfy the definition of a digital image as
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it's used in the '381 patent?
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MR. MONACH:
Same objection; asked and
answered.
THE WITNESS:
I would say, again, to my --
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similar answer to what I just gave, it -- it would
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depend on the application.
If the application
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considered that -- sorry -- I think you asked whether
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it's a digital image.
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I would say a concatenation would be a series
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of a bunch of digital images combined together.
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if that combination is treated by the application as a
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single image, then maybe it is.
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the context.
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context of this application and how it's treating any
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potential concatenation of images to answer that
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question in -- in -- with any certainty, at this
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point.
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Now,
It would depend on
So I do not know enough about the
MR. JOHNSON:
I heard you earlier say that
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the claim language of the '381 patent is simple and
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straightforward.
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Q
So are you telling me that looking at this
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screen that we see here in Exhibit 114, and what we
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see on it, you can't tell me whether that is a digital
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image?
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MR. MONACH:
Object to the form of the
question.
THE WITNESS:
That's not what I said.
I said
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I can't tell that's one digital image or four digital
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images concatenated together, so it has nothing to do
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with whether the -- the language.
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straightforward.
The claim is
The claim states "a digital image."
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perspective, no surprise, I suspect, the deposition is
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over.
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THE VIDEOGRAPHER:
This is the end of today's
deposition.
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We are off the record at 6:37 p.m.
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The master disk will be held by TSG.
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(WHEREUPON, the deposition ended at
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6:37 p.m.)
---oOo---
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J U R A T
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I, RAVIN BALAKRISHNAN, Ph.D., do hereby
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certify under penalty of perjury that, I have read the
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foregoing transcript of my deposition taken on
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August 16, 2011; that I have made such corrections as
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appear noted herein in ink, initialed by me; that my
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testimony as contained herein, as corrected, is true
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and correct.
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DATED this ____ day of _____________, 2011,
at _____________________________.
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__________________________________
SIGNATURE OF WITNESS
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CERTIFICATE OF REPORTER
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I, ANDREA M. IGNACIO HOWARD, hereby certify
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that the witness in the foregoing deposition was by me
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duly sworn to tell the truth, the whole truth, and
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nothing but the truth in the within-entitled cause;
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That said deposition was taken in shorthand
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by me, a Certified Shorthand Reporter of the State of
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California, and was thereafter transcribed into
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typewriting, and that the foregoing transcript
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constitutes a full, true and correct report of said
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deposition and of the proceedings which took place;
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That I am a disinterested person to the said
action.
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IN WITNESS WHEREOF, I have hereunto set my
hand this 17th day of August, 2011.
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___________________________________________
ANDREA M. IGNACIO HOWARD, RPR, CCRR, CLR, CSR No. 9830
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