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).

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EXHIBIT A Confidential Attorneys' Eyes Only Outside Counsel Page 1 1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 2 3 4 5 APPLE INC., a California corporation, 6 Plaintiff, 7 vs. CASE NO. 11-CV-01846-LHK 8 9 10 11 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, 12 13 Defendants. _____________________________/ 14 15 16 17 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 18 19 20 21 VIDEOTAPED DEPOSITION OF RAVIN BALAKRISHNAN, Ph.D. SAN FRANCISCO, CALIFORNIA TUESDAY, AUGUST 16, 2011 22 23 24 25 BY: ANDREA M. IGNACIO HOWARD, CSR, RPR, CCRR, CLR CSR LICENSE NO. 9830 JOB NO. 41176 TSG Reporting - Worldwide (877)-702-9580 Confidential Attorneys' Eyes Only Outside Counsel Page 2 1 2 TUESDAY, AUGUST 16, 2011 9:10 a.m. 3 4 5 6 VIDEOTAPED DEPOSITION OF RAVIN BALAKRISHNAN, 7 Ph.D., taken at QUINN EMANUEL URQUHART & 8 SULLIVAN, 50 California Street, 22nd Floor, 9 San Francisco, California, pursuant to 10 Notice, before me, ANDREA M. IGNACIO HOWARD, 11 CLR, CCRR, RPR, CSR License No. 9830. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TSG Reporting - Worldwide (877)-702-9580 Confidential Attorneys' Eyes Only Outside Counsel Page 3 1 A P P E A R A N C E S: 2 3 FOR APPLE INC.: 4 MORRISON & FOERSTER 5 By: 6 ANDREW E. MONACH, Esq. DEOK KEUN AHN, Esq. 7 425 Market Street 8 San Francisco, California 94105 9 10 11 12 FOR SAMSUNG ELECTRONICS CO. LTD: 13 QUINN EMANUEL URQUHART & SULLIVAN 14 By: KEVIN JOHNSON, Esq. 15 HENRY LIEN, Esq. 16 TODD BRIGGS, Esq. 17 MARK TUNG, Ph.D., Esq. 18 555 Twin Dolphin Drive 19 Redwood Shores, California 94065 20 21 22 23 ALSO PRESENT: Alan Dias, Videographer 24 25 TSG Reporting - Worldwide (877)-702-9580 Confidential Attorneys' Eyes Only Outside Counsel Page 148 1 opinion. 2 3 THE WITNESS: I don't think I talked about internal boundary at all. 4 MR. JOHNSON: 5 Q 6 Okay. boundary? Can an electronic document have an internal 7 MR. MONACH: 8 MR. JOHNSON: 9 10 We talked about it in the context of the contacts on the Tab 7 that had the -the list of names. 11 12 Object. MR. MONACH: Object to the form of the question as vague, misstating the prior testimony. 13 MR. JOHNSON: 14 A So do you understand my question? 15 Q. I -- I'm not 100 percent sure, because the 16 word "internal boundary" I don't think, has come up 17 yet, and if I look at the con- -- if I go back to the 18 contacts list discussions, if I recall correctly this 19 morning, the only thing that when we talked about the 20 boundary of the contact list, I mean, there's the 21 application that has more decorations around it, 22 but -- so it -- you know, maybe you can be more 23 specific about what you mean by -- when you say 24 "internal boundary." 25 Q Okay. So if we -- you can put that one down TSG Reporting - Worldwide (877)-702-9580 Confidential Attorneys' Eyes Only Outside Counsel Page 149 1 and pick up the tab -- this is Tab 7. 2 A Okay. 3 Q And if you go to the contacts -- 4 A Yes, I'm at the contacts. 5 Q -- location, right. 6 If you -- so my question is: I think earlier 7 you said, use a pen, if you want to use a pen, can you 8 draw -- just can you just sort of show the camera what 9 the electronic document is in that context? 10 MR. MONACH: Object to the form of the 11 question; calls for a legal conclusion, incomplete 12 hypothetical; asking for a new opinion. 13 14 THE WITNESS: Okay. Let me just refresh myself on what this thing does here. 15 So I think I -- I believe I testified that 16 the electronic document -- this would be a portion of 17 the electronic document, because the entirety is not 18 shown. 19 in this rectangular column, and right now it's showing 20 me a partial -- It's will be this, this stuff that's displayed 21 MR. JOHNSON: Yeah. 22 THE WITNESS: -- amount. 23 MR. JOHNSON: Q. 24 25 So there -- there are pieces above the F and below the T? A There -TSG Reporting - Worldwide (877)-702-9580 Confidential Attorneys' Eyes Only Outside Counsel Page 150 1 MR. MONACH: 2 MR. JOHNSON: 3 4 5 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 6 an electronic document that has an internal boundary 7 within a screen; right? 8 9 10 MR. MONACH: question as vague. Objection; calls for a legal conclusion. 11 12 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 -- 13 MR. JOHNSON: I'm -- 14 THE WITNESS: Are you saying that this is the 15 boundary of the electronic document? 16 17 18 19 20 MR. JOHNSON: Q Yeah. I just meant that that's internal because it's -- it's located within the middle of the screen? A So in that -- that boundary doesn't match the edge of the screen -- 21 Q Exactly. 22 A -- is what you're -- is that what you're 23 saying? 24 Q Exactly. 25 A Sure, the boundary of the document doesn't TSG Reporting - Worldwide (877)-702-9580 Confidential Attorneys' Eyes Only Outside Counsel Page 151 1 2 have to align with the screen. Q So you can have -- you can have the edge of 3 the boundary be something other than the edge of the 4 screen? 5 MR. MONACH: 6 MR. JOHNSON: 7 8 9 10 thing. A 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 11 electronic document, an electronic document can have a 12 boundary that is internal to the screen or, you know, 13 doesn't have to be at the edge of the screen -- 14 MR. MONACH: 15 MR. JOHNSON: 16 MR. MONACH: 17 Objection; form. Q. -- right? Objection; calling for a legal conclusion; asked and answered. 18 You can do it again. 19 THE WITNESS: So as I answered earlier, and 20 my opinion is that the boundary of the electronic 21 document, in this case, this -- this edge is one 22 boundary of it, does not have to match the edge of the 23 screen, yes. 24 25 MR. JOHNSON: Q Okay. So just, during the lunch, I had the guys TSG Reporting - Worldwide (877)-702-9580 Confidential Attorneys' Eyes Only Outside Counsel Page 152 1 just print up a sheet of paper with some squares on it 2 for me. 3 quadrants that are labeled 1 to 36 on here are the 4 entire -- that's this -- that's the screen of the 5 display. 6 7 A So if you imagine, sir, that the -- the So the whole -- the big rectangular is the screen? 8 Q Right. 9 A Okay. 10 Q So you can have an electronic document that 11 consists of smaller grids within the screen; right? 12 MR. MONACH: Object to the form of the 13 question; calling for a legal conclusion; incomplete 14 hypothetical; asking for a new opinion. 15 THE WITNESS: It would depend on what one 16 considers to be the electronic document. 17 one of these, let me call it sub rectangles that you 18 can label with numbers. 19 of them. It could be It could be some combination It -- 20 MR. JOHNSON: Right. 21 THE WITNESS: -- really depends on -- depends 22 on how, you know, you want to put the boundary around 23 it. 24 25 MR. JOHNSON: Q. So you could draw a boundary, hypothetically, around squares 15, 16, 17, TSG Reporting - Worldwide (877)-702-9580 Confidential Attorneys' Eyes Only Outside Counsel Page 153 1 18, 21 and 22, 23 and 24? 2 A Say -- sorry. 3 Q 22, 23, and 24. 4 A So kind of like this? 5 Q Yeah, go ahead and draw it. 6 MR. MONACH: 15, 16, 17, 18, 21? Object to the -- object to the 7 form of the question as vague and ambiguous; 8 incomplete hypothetical. 9 10 MR. JOHNSON: Q. Make it a little more noticeable for me. 11 A We've got black lines around it. 12 Q Yeah, okay. 13 14 15 So that could be an electronic document; right? A Depend -- 16 MR. MONACH: 17 THE WITNESS: 18 Depending on the context, depending on the 19 Same objection. Sorry. I jumped in there. application, it could be. 20 MR. JOHNSON: Okay. 21 THE WITNESS: Or some other collection. 22 MR. JOHNSON: Q. 23 It's not limited to that; right? 24 A I would not say it's limited. 25 Q So it could be also a -- a six-by-six grid or TSG Reporting - Worldwide (877)-702-9580 Confidential Attorneys' Eyes Only Outside Counsel Page 156 1 application and what a document means in that context. 2 MR. JOHNSON: Q. If -- going back to the 3 original two-by-four rectangle of 15, 16, 17, 18, 21, 4 22, 23, 24, if you look at that, is it fair to say 5 that this line right here is an edge of the electronic 6 document? 7 A The line -- 8 MR. MONACH: 9 Hang on a second. 10 THE WITNESS: 11 MR. MONACH: Object. I'm sorry. Objection; vague and ambiguous; 12 incomplete hypothetical; calling for a legal 13 conclusion and a new opinion. 14 15 THE WITNESS: this prior to this, you putting this in front of me. 16 17 So, again, I haven't considered Thinking on the fly here, so you're saying this line -- the vertical line between -- 18 MR. JOHNSON: Since the witness is pointing, 19 I just want to make sure you get what he's pointing 20 to. 21 Yeah. 22 THE WITNESS: 23 The vertical line between 14 and 15, and 20 and 21, here, this -- 24 Q That -- that's right, yeah. 25 A -- line. TSG Reporting - Worldwide (877)-702-9580 Confidential Attorneys' Eyes Only Outside Counsel Page 286 1 MR. JOHNSON: Sir -- 2 THE WITNESS: -- electronic document in the 3 con- -- but I have not studied this application in 4 detail enough to determine what the contact of use of 5 this application is. 6 might be considering each of these tiles as a separate 7 electronic document. 8 MR. JOHNSON: 9 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 10 that meet your definition of "electronic document," as 11 that term is used in the '381 patent? 12 MR. MONACH: Objection; lack of foundation; 13 incomplete hypothetical; asking the witness to draw a 14 legal conclusion and a new opinion for the first time 15 at the deposition with inadequate information. 16 17 18 THE WITNESS: And as I believe I already answered, it depends on what the context of use is. So if -- if, indeed, the application 19 considers those four things as one entity and is -- 20 has defined boundaries, then that might meet the 21 electronic document definition, as used in the claims, 22 but it -- it might not. 23 It might -- it might be that each of those -- 24 each of these tiles or quadrants might be a separate 25 electronic document. I would have to study this in TSG Reporting - Worldwide (877)-702-9580 Confidential Attorneys' Eyes Only Outside Counsel Page 287 1 the context of use of this -- of these pieces of tiles 2 in this application to determine that with any 3 certainty. 4 5 6 MR. JOHNSON: Q. So you don't know right now, sitting here? A I cannot give you a definitive answer. It 7 could be an electronic document, depending on the 8 context of use. 9 Q So when -- when he slides it slightly to the 10 left, does that display a first portion of an 11 electronic document if you assume that that 2x2 grid 12 is an electronic document? 13 MR. MONACH: 14 THE WITNESS: Same objection. So if we make that assumption 15 that that 2x2 grid in its entirety is an electronic 16 document and after he slid it, that could be a first 17 portion. 18 Now, I would still note that when he moved 19 it, the -- if the electronic document was the 20 entirety, including that blue circle in the middle, 21 when he moved it, the blue circle did not move -- 22 Q Are -- 23 A -- so not all -- let me finish, please. 24 25 The -- the blue circle did not move, so the entirety of the document -TSG Reporting - Worldwide (877)-702-9580 Confidential Attorneys' Eyes Only Outside Counsel Page 303 1 MR. JOHNSON: 2 electronic document? 3 4 MR. MONACH: Q. So is a web page not an Same objection; vague and ambiguous. 5 THE WITNESS: So Claim 7 says the electronic 6 document is a digital image, so it's -- it's trying 7 to -- my understanding is it's trying to give a more 8 specific instance of what an electronic document is, 9 in that -- in that example, in that claim. 10 11 MR. JOHNSON: Q Right. Using your -- what is the -- what is the -- I 12 already asked you this. 13 definition -- strike that. I mean, using your 14 Using the definition of a person of ordinary 15 skill in the art would understand a digital image to 16 mean, does Exhibit 114 meet the limitations of 17 Claim 7? 18 19 20 21 22 MR. MONACH: Same objections as previously stated. THE WITNESS: And I think I've already answered that. I -- without knowing more information about 23 what that -- those four tiles are that you have 24 represented to be the electronic document, is that a 25 single image? Is it multiple images? TSG Reporting - Worldwide (877)-702-9580 Is it some Confidential Attorneys' Eyes Only Outside Counsel Page 304 1 text? 2 MR. JOHNSON: Well, take a look -- 3 THE WITNESS: I can't tell from -- this could 4 be four images that are concatenated together to form 5 one document. 6 MR. JOHNSON: Q. 7 limitation? 8 So would that not meet the does that avoid Claim 7? 9 10 If it's a concatenated series of images, MR. MONACH: Same objection. THE WITNESS: I don't know. 11 considered that scenario. 12 document is a digital image. 13 I haven't concatenated set of images. It says here the electronic It doesn't talk about a 14 MR. JOHNSON: Okay. 15 THE WITNESS: And so I would have to study 16 that scenario in detail before answering that 17 question. 18 MR. JOHNSON: Q. Does a concatenated series 19 of images satisfy the definition of a digital image as 20 it's used in the '381 patent? 21 22 23 MR. MONACH: Same objection; asked and answered. THE WITNESS: I would say, again, to my -- 24 similar answer to what I just gave, it -- it would 25 depend on the application. If the application TSG Reporting - Worldwide (877)-702-9580 Confidential Attorneys' Eyes Only Outside Counsel Page 305 1 considered that -- sorry -- I think you asked whether 2 it's a digital image. 3 I would say a concatenation would be a series 4 of a bunch of digital images combined together. 5 if that combination is treated by the application as a 6 single image, then maybe it is. 7 the context. 8 context of this application and how it's treating any 9 potential concatenation of images to answer that 10 question in -- in -- with any certainty, at this 11 point. 12 Now, It would depend on So I do not know enough about the MR. JOHNSON: I heard you earlier say that 13 the claim language of the '381 patent is simple and 14 straightforward. 15 Q So are you telling me that looking at this 16 screen that we see here in Exhibit 114, and what we 17 see on it, you can't tell me whether that is a digital 18 image? 19 20 21 MR. MONACH: Object to the form of the question. THE WITNESS: That's not what I said. I said 22 I can't tell that's one digital image or four digital 23 images concatenated together, so it has nothing to do 24 with whether the -- the language. 25 straightforward. The claim is The claim states "a digital image." TSG Reporting - Worldwide (877)-702-9580 Confidential Attorneys' Eyes Only Outside Counsel Page 335 1 perspective, no surprise, I suspect, the deposition is 2 over. 3 4 THE VIDEOGRAPHER: This is the end of today's deposition. 5 We are off the record at 6:37 p.m. 6 The master disk will be held by TSG. 7 (WHEREUPON, the deposition ended at 8 9 6:37 p.m.) ---oOo--- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TSG Reporting - Worldwide (877)-702-9580 Confidential Attorneys' Eyes Only Outside Counsel Page 336 1 J U R A T 2 3 I, RAVIN BALAKRISHNAN, Ph.D., do hereby 4 certify under penalty of perjury that, I have read the 5 foregoing transcript of my deposition taken on 6 August 16, 2011; that I have made such corrections as 7 appear noted herein in ink, initialed by me; that my 8 testimony as contained herein, as corrected, is true 9 and correct. 10 11 12 DATED this ____ day of _____________, 2011, at _____________________________. 13 14 15 16 17 18 19 __________________________________ SIGNATURE OF WITNESS 20 21 22 23 24 25 TSG Reporting - Worldwide (877)-702-9580 Confidential Attorneys' Eyes Only Outside Counsel Page 337 1 CERTIFICATE OF REPORTER 2 3 4 5 I, ANDREA M. IGNACIO HOWARD, hereby certify 6 that the witness in the foregoing deposition was by me 7 duly sworn to tell the truth, the whole truth, and 8 nothing but the truth in the within-entitled cause; 9 10 That said deposition was taken in shorthand 11 by me, a Certified Shorthand Reporter of the State of 12 California, and was thereafter transcribed into 13 typewriting, and that the foregoing transcript 14 constitutes a full, true and correct report of said 15 deposition and of the proceedings which took place; 16 17 18 That I am a disinterested person to the said action. 19 20 21 IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of August, 2011. 22 23 24 ___________________________________________ ANDREA M. IGNACIO HOWARD, RPR, CCRR, CLR, CSR No. 9830 25 TSG Reporting - Worldwide (877)-702-9580

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