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 C Confidential - Attorneys' Eyes Only Page 1 1 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 3 4 APPLE INC., a California corporation, Case No. 5 11-cv-01846-LHK Plaintiff, 6 7 8 9 10 11 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, 12 Defendants. 13 C O N F I D E N T I A L 14 A T T O R N E Y S' E Y E S O N L Y 15 16 VIDEOTAPED DEPOSITION 17 TRACY-GENE G. DURKIN 18 Washington, D.C. 19 Friday, October 7, 2011 20 9:30 a.m. 21 22 23 24 25 TSG # 42528 Reporter: Linda S. Kinkade, RDR, CRR, RMR, CSR Videographer: Mia Marbury TSG Reporting - Worldwide (877)-702-9580 Confidential - Attorneys' Eyes Only Page 2 1 2 3 4 5 6 The following is the videotaped deposition of TRACY-GENE G. DURKIN held at the offices of: 7 8 9 Steptoe & Johnson 10 1330 Connecticut Avenue, N.W. 11 Washington, D.C. 12 13 14 15 Taken pursuant to applicable Rules of 16 Civil Procedure, before Linda S. Kinkade, 17 Registered Diplomate Reporter, Certified Realtime 18 Reporter, Registered Professional Reporter, 19 Registered Merit Reporter, Certified Shorthand 20 Reporter (CA), and Notary Public, in and for the 21 District of Columbia. 22 23 24 25 TSG Reporting - Worldwide (877)-702-9580 Confidential - Attorneys' Eyes Only Page 3 1 APPEARANCES: 2 3 4 On Behalf of Plaintiff APPLE INC., a California corporation: 5 KRISTIN YOHANNAN, ESQUIRE 6 Morrison & Foerster 7 2000 Pennsylvania Avenue, NW 8 Washington, DC 20006 9 10 11 12 13 14 On Behalf of Defendant SAMSUNG ELECTRONICS CO.: 15 MICHAEL T. ZELLER, ESQUIRE 16 ANNA T. NEILL, ESQUIRE 17 Quinn Emanuel Urquhart & Sullivan 18 865 South Figueroa Street 19 10th Floor 20 Los Angeles, California 90017 21 22 23 24 25 TSG Reporting - Worldwide (877)-702-9580 Confidential - Attorneys' Eyes Only Page 4 1 APPEARANCES (continued) 2 3 On Behalf of Deponent TRACY-GENE G. DURKIN: 4 MARK FOX EVENS, ESQUIRE 5 DAVID K.S. CORNWELL, ESQUIRE 6 Sterne Kessler Goldstein & Fox 7 1100 New York Avenue, NW 8 Washington, DC 20005 9 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 Page 367 1 you've had a chance to look at Exhibit 430. 2 A. I've looked at it. 3 Q. Do you recognize this design patent? 4 A. It looks familiar. 5 Q. Did you do any work in connection with 6 the '889 Design Patent? 7 A. Not that I recall. 8 Q. Do you recall the context in which you 9 10 first saw this document -- or this patent, I should say? 11 A. Not for certain, no. 12 Q. Do you have a general understanding? 13 A. Of what? 14 Q. Of the context in which you became 15 familiar or first saw this patent. 16 17 MS. YOHANNAN: Objection, calls for speculation. 18 THE WITNESS: 19 BY MR. ZELLER: 20 Q. No, I don't. Directing your attention to Fig. 1, 21 you'll see that within the outer border there is 22 a rectangular set of lines. Do you see that? 23 A. I do. 24 Q. Is that part of the claimed design? 25 MS. YOHANNAN: Objection, calls for a TSG Reporting - Worldwide (877)-702-9580 Confidential - Attorneys' Eyes Only Page 369 1 speculation. 2 THE WITNESS: 3 BY MR. ZELLER: 4 Q. I don't. You'll see that the firm listed on the 5 first page here of the '889 Design Patent is 6 Beyer Weaver & Thomas. Do you see that? 7 A. I do. 8 Q. Have you ever had any communications 9 with that firm? 10 A. I have. 11 Q. Are they a firm you've had 12 communications with on behalf of Apple? 13 14 MS. YOHANNAN: You may answer, yes, no, I don't know or I don't recall. 15 THE WITNESS: 16 BY MR. ZELLER: 17 Q. Yes. Is it generally your understanding 18 that this firm has also done patent prosecution 19 work for Apple? 20 MS. YOHANNAN: 21 THE WITNESS: 22 Q. Yes. BY MR. ZELLER: 23 Same instruction. Is there somebody in particular who 24 you've dealt with at that firm in connection 25 with Apple work? TSG Reporting - Worldwide (877)-702-9580 Confidential - Attorneys' Eyes Only Page 370 1 A. No. 2 Q. Do you have any knowledge or 3 information as to Quin Hoellwarth's involvement 4 with the application that became the '889 Design 5 Patent? 6 7 MS. YOHANNAN: speculation. 8 9 Objection, calls for THE WITNESS: I don't. BY MR. ZELLER: 10 Q. It's fair to say you don't have any 11 knowledge or information about what he did or 12 didn't do in connection with the prosecution? 13 14 MS. YOHANNAN: Objection, calls for speculation. 15 THE WITNESS: 16 BY MR. ZELLER: 17 Q. I do not. Do you have any knowledge or 18 information as to what, if anything, in the 19 design that was claimed here by the '889 Design 20 Patent was new or novel as compared to the prior 21 art? 22 23 24 25 MS. YOHANNAN: Objection, calls for a legal conclusion. THE WITNESS: I don't. BY MR. ZELLER: TSG Reporting - Worldwide (877)-702-9580 Confidential - Attorneys' Eyes Only Page 378 1 the end of videotape number 6 taken in the 2 deposition of Tracy Durkin. 3 record, the time on the video screen is 18:32 4 and 46 seconds. 5 Going off the (Proceedings concluded.) 6 7 // 8 9 10 (Signature having not been waived, the deposition of TRACY-GENE G. DURKIN concluded at 6:32 p.m.) 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 Page 379 1 ACKNOWLEDGMENT OF DEPONENT 2 3 I, TRACY-GENE G. DURKIN, do hereby 4 acknowledge that I have read and examined the 5 foregoing testimony, and the same is a true, 6 correct and complete transcription of the 7 testimony given by me, with the exception of the 8 noted corrections, if any, appearing on the 9 attached errata sheet signed by me, to the best 10 of my knowledge and belief. 11 12 13 14 _____________ 15 (Date) ______________________________ (Signature) 16 17 18 Subscribed and sworn to before me this 19 _____ day of ______, 20__. 20 My commission expires __________. 21 Notary Public ____________________ 22 23 24 25 TSG Reporting - Worldwide (877)-702-9580 Confidential - Attorneys' Eyes Only Page 380 1 CERTIFICATE OF SHORTHAND REPORTER 2 NOTARY PUBLIC 3 4 I, Linda S. Kinkade, RDR, CRR, RMR, CSR, 5 the notarial officer before whom the foregoing 6 proceedings were taken, do hereby certify that 7 the foregoing transcript is a true and correct 8 record of the proceedings; that said proceedings 9 were taken by me stenographically, to the best of 10 my ability, and thereafter reduced to 11 typewriting; and that I am neither counsel for or 12 related to, nor employed by any of the parties to 13 this case and have no interest, financial or 14 otherwise, in its outcome. 15 IN WITNESS WHEREOF, I have hereunto set my 16 hand and affixed my notarial seal this 8th day of 17 October 2011. 18 My commission expires: July 14, 2012 19 _______________________________ 20 NOTARY PUBLIC IN AND FOR 21 THE DISTRICT OF COLUMBIA 22 23 24 25 TSG Reporting - Worldwide (877)-702-9580

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