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

Filing 430

Declaration of Francis Ho in Support of #424 Apple's Reply in Support of its Motion for a Preliminary Injunction, filed by Apple Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F-1, #7 Exhibit F-2, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J-1, #12 Exhibit J-2, #13 Exhibit K, #14 Exhibit L-1, #15 Exhibit L-2, #16 Exhibit M, #17 Exhibit N, #18 Exhibit O, #19 Exhibit P, #20 Exhibit Q, #21 Exhibit R, #22 Exhibit S, #23 Exhibit T, #24 Exhibit U, #25 Exhibit V, #26 Exhibit W, #27 Exhibit X, #28 Exhibit Y, #29 Exhibit Z, #30 Exhibit AA, #31 Exhibit BB, #32 Exhibit CC, #33 Exhibit DD, #34 Exhibit EE, #35 Exhibit FF, #36 Exhibit GG, #37 Exhibit HH, #38 Exhibit II, #39 Exhibit JJ, #40 Exhibit KK, #41 Exhibit LL)(Related document(s) #424 ) (Bartlett, Jason) (Filed on 11/29/2011) Modified text on 11/30/2011 (dhm, COURT STAFF).

Exhibit U

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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APPLE INC., a California
corporation,

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Plaintiff,
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vs.
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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) NO. 11-CV-01846-LHK
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VIDEOTAPED DEPOSITION OF NICHOLAS GODICI

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SAN FRANCISCO, CALIFORNIA

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FRIDAY, SEPTEMBER 9, 2011

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Reported By:
Yvonne Fennelly, CCRR, CSR No. 5495
JOB NO. 41882

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SEPTEMBER 9, 2011

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9:30 A.M.

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Videotaped Deposition of NICOLAS GODICI,

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held at the offices of MORRISON & FORESTER, 425

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Market Street, San Francisco, California,

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pursuant to Notice, before Yvonne Fennelly,

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CCRR, CSR 5495.

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A P P E A R A N C E S

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MORRISON & FOERSTER

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Attorneys for APPLE INC.:

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425 Market Street

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34th Floor

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San Francisco, California 94105

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BY:

WES OVERSON, Esq.

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QUINN EMANUEL URQUHART & SULLIVAN

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Attorneys for Defendant

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SAMSUNG ELECTRONICS CO. LTD:

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555 Twin Dolphin Drive

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Redwood Shores, California 94065

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BY:

VICTORIA F. MAROULIS, Esq.

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VIDEOGRAPHER:
Alan Dias

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Page 63
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prosecution history because they're so readily

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available, anyone can just go to the Internet

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and look at them, go to the PTO website and look

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at them.

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Q.

And that would be true of these

applications that are listed as well?
A.

These are published applications, so,

yes, that would be true.
Q.

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Okay.
But the bottom line is you didn't

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review any of the references cited on page 1 and

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2 of the '381 patent as part of your drafting

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your declaration?

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A.

That's correct.

I did not review

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them for the purposes of drafting my

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declaration.

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Q.

And you would agree that in order to

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have an opinion about whether Van Den Hoven is

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cumulative or not, someone would have to read

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through all of the references cited on pages 1

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and 2 of the '381 patent; right?

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MS. MAROULIS:

Objection; assumes

facts, incomplete hypothetical.
THE WITNESS:

Again, and I think this

is the point where we were discussing earlier,

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Q.

Okay.

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MR. OVERSON:

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questions at this time.

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MS. MAROULIS:

I don't have any

questions for the witness.

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I have no further

We'll reserve the right to review and
sign.

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MR. OVERSON:

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MS. MAROULIS:

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THE WITNESS:

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THE VIDEOGRAPHER:

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today's deposition.

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3:07 p.m.

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Thank you.
Thank you.
Thank you.
This is the end of

We are off the record at

Reporting.

The master disk will be held by TSG

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(Time noted:

3:07 p.m.)

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__________________________

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NICHOLAS P. GODICI

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Subscribed and sworn to before me

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this ________ day of ____________, 2011.

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------------------------------------------------

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C E R T I F I C A T E

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STATE OF CALIFORNIA

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COUNTY OF CONTRA COSTA

ss:

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I, YVONNE FENNELLY, CCRR, CSR 5495,

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within and for the State of California, do

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hereby certify:

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That NICHOLAS P. GODICI, the witness

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whose deposition is hereinbefore set forth, was

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duly sworn by me and that such deposition is a

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true record of the testimony given by such

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witness.

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I further certify that I am not

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related to any of the parties to this action by

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blood or marriage; and that I am in no way

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interested in the outcome of this matter.

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IN WITNESS WHEREOF, I have hereunto
set my hand this 9th day of September, 2011.

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___________________________________
YVONNE FENNELLY, CCRR, CSR NO. 5495

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