Apple Inc. v. Samsung Electronics Co. Ltd. et al

Filing 321

Declaration of Jason R. Bartlett in Support of #319 Apple's Motion to Compel Samsung to Produce Documents and Provide Responsive Answers to Propounded Discovery filed by Apple Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Bartlett, Jason) (Filed on 10/18/2011) Modified on 10/19/2011 linking entry to document #319 (dhm, COURT STAFF).

Exhibit M

Confidential Attorneys' Eyes Only

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
APPLE INC., a California
corporation,

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Plaintiff,
vs.
Case No. 11-CV-01846-LHK
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.
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CONFIDENTIAL
ATTORNEYS' EYES ONLY
OUTSIDE COUNSEL
VIDEOTAPED DEPOSITION OF MICHAEL J. WAGNER, CPA
San Francisco, California
Wednesday, September 14, 2011

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Reported by:
LORRIE L. MARCHANT, CSR No. 10523, RPR, CRR, CCRR, CLR
JOB NO. 41962

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TSG Reporting - Worldwide

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MR. ANDERSON:
hypothetical.

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Objection.

Incomplete

Assumes facts not in evidence.

THE WITNESS:

Yeah.

You'd need to have a lot

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more facts in the hypothetical.

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same, it's possible but I'd need more facts to know.

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Again, my answer is the

BY MR. OVERSON:
Q.

Well, you would agree that design is one factor

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that influences persons' decisions who are considering

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buying a smartphone or a tablet; true?

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MR. ANDERSON:

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THE WITNESS:

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BY MR. OVERSON:

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Q.

Okay.

Objection.

Compound.

It may be, yes.

Let me ask it separately.

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Design is one -- you would agree -- would you

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agree with me that one factor of customers considering

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buying a smartphone is design?

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A.

Yes.

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Q.

And would you agree with me that one factor of

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customers considering buying a tablet is design?

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A.

Yes.

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Q.

Can you turn to paragraph 84 of your

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declaration, please.

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In paragraph 84, you're citing to a June 2001
Nielsen survey?
A.

No.
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Q.

You're not?

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A.

I am not.

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Q.

I don't know how 2001 came out.

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Thank you.

I'll correct that.

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It's a 2011, not a 2001.

In paragraph 84, you're citing to a June 2011
Nielsen survey; true?

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A.

True.

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Q.

Okay.

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And that survey ranked touchscreen as

the most important factor in a smartphone; true?

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A.

It did.

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Q.

But it also said that other important decision

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drivers were Internet access, apps -- A-P-P-S -- access

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to e-mail, design, ease of use and price; true?

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(Discussion off the record.)

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THE WITNESS:

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BY MR. OVERSON:

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Q.

And -- and you wrote that design is one of six

drivers of demand relating to smartphones; true?

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Yes.

A.

That was part of the sentence that I wrote,

yes.

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Q.

Do you agree with it?

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A.

I do agree with that.

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Q.

Okay.

And you quoted a statement from the

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publication.

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it makes sense to show it to you.

I think it's called FierceWireless.

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Maybe

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MR. OVERSON:

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(Marked for identification purposes,

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Exhibit 162.)

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BY MR. OVERSON:

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Q.

We'll mark this as 162.

So I believe 162 is the document that you're

quoting on paragraph 84 of your report.

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A.

It is.

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Q.

Okay.

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And if you look on the second page of

the article, which is entitled "Are touchscreens the

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most important feature of smartphones?"

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It's from FierceWireless, the wireless industry's daily

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monitor.

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And it says,

And the date is June 2nd, 2011.
But on page 2, there's a paragraph that has the

word "now" at the beginning.
A.

It does.

And I think that's the paragraph that

I quote for everything I have in paragraph 84.
Q.

Okay.

And the last sentence states, quote, I

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think the conclusion to draw from this is that

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smartphone users want a lot of different things out of

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their device, which means that smartphone vendors will

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need to cover all their bases to be successful in the

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smartphone market.

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You quoted that -- at least the end of that
sentence in your report; true?
A.

I did.
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Q.

And you would agree with that statement?

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A.

I wouldn't have put it in my declaration if

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I -- I disagreed with it.
Q.

I do agree with it, yes.

So one of the bases that a smartphone vendor

has to cover to be successful is design; true?

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A.

I think that's correct.

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Q.

If a smartphone maker doesn't have a [sic]

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attractive design, they will have a hard time competing

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in the marketplace; true?

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MR. ANDERSON:

Objection.

Incomplete

hypothetical.

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THE WITNESS:

I'd need more information to know

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to answer that question.

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BY MR. OVERSON:

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Q.

Well, just from your own paragraph, design is

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one of the decision drivers on purchases for

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smartphones; true?

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A.

It is.

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Q.

And a maker of smartphones will have to cover

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that base, that base being the design, in order to be

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competitive; true?

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A.

If -- if they are off the scale on the other

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features and those are the features that a consumer

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buys, that consumer could probably care less about the

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design.

But in some circumstances, someone -- another
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And, likewise, we will redact out the Apple

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confidential information, of which there was some in the

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declaration and which there was some in other exhibits,

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I noted, before we share a transcript.

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MR. OVERSON:

Okay.

And we'll exchange -- when

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we give it to our clients, we'll exchange with each

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other so with know what we did.

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MR. ANDERSON:

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MR. OVERSON:

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That's agreeable.
Okay.

THE VIDEOGRAPHER:

Thank you.
This marks the end of

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Volume I, Disk 4, and concludes the deposition of

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Michael Wagner.

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the record.

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The time is 5:43 p.m. and we are off

(Deposition concluded at 5:43 p.m.)

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---oOo---

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____________________
MICHAEL J. WAGNER

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Subscribed and sworn to
before me this

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of

day

2011.

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_______________________
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TSG Reporting - Worldwide

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