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 C
Confidential - Attorneys' Eyes Only
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
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APPLE INC., a California
corporation,
Case No.
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11-cv-01846-LHK
Plaintiff,
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v.
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
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A T T O R N E Y S'
E Y E S
O N L Y
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VIDEOTAPED DEPOSITION
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TRACY-GENE G. DURKIN
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Washington, D.C.
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Friday, October 7, 2011
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9:30 a.m.
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TSG # 42528
Reporter: Linda S. Kinkade, RDR, CRR, RMR, CSR
Videographer: Mia Marbury
TSG Reporting - Worldwide
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The following is the videotaped deposition
of TRACY-GENE G. DURKIN held at the offices of:
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Steptoe & Johnson
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1330 Connecticut Avenue, N.W.
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Washington, D.C.
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Taken pursuant to applicable Rules of
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Civil Procedure, before Linda S. Kinkade,
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Registered Diplomate Reporter, Certified Realtime
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Reporter, Registered Professional Reporter,
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Registered Merit Reporter, Certified Shorthand
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Reporter (CA), and Notary Public, in and for the
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District of Columbia.
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APPEARANCES:
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On Behalf of Plaintiff APPLE INC., a
California corporation:
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KRISTIN YOHANNAN, ESQUIRE
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Morrison & Foerster
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2000 Pennsylvania Avenue, NW
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Washington, DC 20006
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On Behalf of Defendant SAMSUNG ELECTRONICS
CO.:
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MICHAEL T. ZELLER, ESQUIRE
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ANNA T. NEILL, ESQUIRE
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Quinn Emanuel Urquhart & Sullivan
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865 South Figueroa Street
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10th Floor
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Los Angeles, California 90017
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APPEARANCES (continued)
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On Behalf of Deponent TRACY-GENE G. DURKIN:
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MARK FOX EVENS, ESQUIRE
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DAVID K.S. CORNWELL, ESQUIRE
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Sterne Kessler Goldstein & Fox
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1100 New York Avenue, NW
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Washington, DC 20005
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you've had a chance to look at Exhibit 430.
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A.
I've looked at it.
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Q.
Do you recognize this design patent?
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A.
It looks familiar.
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Q.
Did you do any work in connection with
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the '889 Design Patent?
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A.
Not that I recall.
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Q.
Do you recall the context in which you
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first saw this document -- or this patent, I
should say?
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A.
Not for certain, no.
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Q.
Do you have a general understanding?
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A.
Of what?
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Q.
Of the context in which you became
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familiar or first saw this patent.
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MS. YOHANNAN:
Objection, calls for
speculation.
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THE WITNESS:
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BY MR. ZELLER:
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Q.
No, I don't.
Directing your attention to Fig. 1,
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you'll see that within the outer border there is
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a rectangular set of lines.
Do you see that?
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A.
I do.
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Q.
Is that part of the claimed design?
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MS. YOHANNAN:
Objection, calls for a
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speculation.
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THE WITNESS:
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BY MR. ZELLER:
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Q.
I don't.
You'll see that the firm listed on the
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first page here of the '889 Design Patent is
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Beyer Weaver & Thomas.
Do you see that?
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A.
I do.
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Q.
Have you ever had any communications
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with that firm?
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A.
I have.
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Q.
Are they a firm you've had
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communications with on behalf of Apple?
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MS. YOHANNAN:
You may answer, yes,
no, I don't know or I don't recall.
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THE WITNESS:
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BY MR. ZELLER:
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Q.
Yes.
Is it generally your understanding
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that this firm has also done patent prosecution
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work for Apple?
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MS. YOHANNAN:
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THE WITNESS:
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Q.
Yes.
BY MR. ZELLER:
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Same instruction.
Is there somebody in particular who
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you've dealt with at that firm in connection
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with Apple work?
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A.
No.
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Q.
Do you have any knowledge or
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information as to Quin Hoellwarth's involvement
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with the application that became the '889 Design
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Patent?
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MS. YOHANNAN:
speculation.
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Objection, calls for
THE WITNESS:
I don't.
BY MR. ZELLER:
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Q.
It's fair to say you don't have any
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knowledge or information about what he did or
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didn't do in connection with the prosecution?
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MS. YOHANNAN:
Objection, calls for
speculation.
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THE WITNESS:
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BY MR. ZELLER:
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Q.
I do not.
Do you have any knowledge or
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information as to what, if anything, in the
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design that was claimed here by the '889 Design
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Patent was new or novel as compared to the prior
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art?
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MS. YOHANNAN:
Objection, calls for a
legal conclusion.
THE WITNESS:
I don't.
BY MR. ZELLER:
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the end of videotape number 6 taken in the
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deposition of Tracy Durkin.
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record, the time on the video screen is 18:32
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and 46 seconds.
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Going off the
(Proceedings concluded.)
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//
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(Signature having not been waived, the
deposition of TRACY-GENE G. DURKIN concluded at
6:32 p.m.)
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ACKNOWLEDGMENT OF DEPONENT
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I, TRACY-GENE G. DURKIN, do hereby
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acknowledge that I have read and examined the
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foregoing testimony, and the same is a true,
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correct and complete transcription of the
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testimony given by me, with the exception of the
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noted corrections, if any, appearing on the
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attached errata sheet signed by me, to the best
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of my knowledge and belief.
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_____________
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(Date)
______________________________
(Signature)
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Subscribed and sworn to before me this
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_____ day of ______, 20__.
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My commission expires __________.
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Notary Public ____________________
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CERTIFICATE OF SHORTHAND REPORTER
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NOTARY PUBLIC
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I, Linda S. Kinkade, RDR, CRR, RMR, CSR,
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the notarial officer before whom the foregoing
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proceedings were taken, do hereby certify that
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the foregoing transcript is a true and correct
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record of the proceedings; that said proceedings
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were taken by me stenographically, to the best of
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my ability, and thereafter reduced to
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typewriting; and that I am neither counsel for or
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related to, nor employed by any of the parties to
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this case and have no interest, financial or
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otherwise, in its outcome.
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IN WITNESS WHEREOF, I have hereunto set my
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hand and affixed my notarial seal this 8th day of
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October 2011.
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My commission expires:
July 14, 2012
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_______________________________
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NOTARY PUBLIC IN AND FOR
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THE DISTRICT OF COLUMBIA
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TSG Reporting - Worldwide
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