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 V
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 63
1
So let's see if I can show this.
I've got my
2
finger on the screen, my object on the screen.
3
first portion is this part of the document that, let's
4
say, starts with Chris Thomas at the top, and at the
5
bottom it has the word "QWERTY," that I just entered.
6
I'm gonna -- I'm gonna move my -- move my finger, and
7
so in response to my -- my finger, it's gonna
8
translate the electronic document to display --
9
translate in a first direction, in one direction here,
The
10
to display a second portion, which is different from
11
the first portion.
12
So, now, the second portion now, as you see,
13
on the top, has Billy Smith, and the bottom has
14
Michael Myers on the -- on the list of the information
15
on the document.
16
first portion that we saw earlier that had different
17
names on the top and bottom.
18
So it's clearly different from that
Now -- now, I'm gonna keep going here to the
19
next element.
20
electronic document being reached while translating
21
the electronic document in the first direction, while
22
the object is still detected on or near the
23
touchscreen display, displaying an area beyond the
24
edge of a document and displaying a third portion of
25
the electronic document, wherein the third portion is
It says "In response to an edge of the
TSG Reporting - Worldwide
(877)-702-9580
Confidential Attorneys' Eyes Only Outside Counsel
Page 279
1
product, but you can answer.
2
MR. JOHNSON:
3
You can have a running
objection on that, just to try and cut though this.
4
THE WITNESS:
So I haven't examined this in
5
any great detail, but just looking at this right now,
6
it's -- certainly is an application that's running on
7
a computer-implemented -- or a computer -- so it is a
8
computer-implemented method.
9
MR. JOHNSON:
10
Q
Okay.
And does LaunchTiles running on iPAQ, does
11
that meet the limitation of a device with a
12
touchscreen display?
13
MR. MONACH:
14
THE WITNESS:
Same objection.
It's not clear, to me, this is
15
a touchscreen display.
16
ago, like when I was playing with it, and it didn't
17
react to me, but the -- the pen seems to do the job.
18
I tried touching it a minute
Okay, so now it does react, so maybe I was
19
mistaken.
20
to touches, so, sure, it would be a device with a
21
touchscreen display.
22
MR. JOHNSON:
23
Q
Given what he just did, it appears to react
Okay.
So in the -- in the 2x2 grid that we see
24
there running on the iPAQ, does that meet the
25
limitation of displaying a first portion of an
TSG Reporting - Worldwide
(877)-702-9580
Confidential Attorneys' Eyes Only Outside Counsel
Page 280
1
electronic document?
2
3
MR. MONACH:
Same objection; lack of
foundation; incomplete hypothetical.
4
THE WITNESS:
So I would have to study this
5
in detail before answering that question, because I
6
need to understand the context of the content being
7
shown on the -- on the display as to what constitutes
8
an electronic document there, whether it's all four
9
tiles is one document or a single tile is a document.
10
I cannot make that determination, just looking at this
11
on the fly.
12
13
14
15
16
17
18
MR. JOHNSON:
Q.
So if the -- in this
example, assume the 2x2 is an electronic document.
A
So you're representing to me that you want me
to consider -Q
I want you to consider the 2x2 is an
electronic document?
A
So just to clarify it, does that mean the --
19
the whole thing is one document.
20
saying to me?
21
Q
22
23
24
25
Right.
Is that what you're
Right, the 2x2.
And so, then, when -A
So that's your representation.
necessarily agreeing with that.
Q
I'm just -- yeah, right.
TSG Reporting - Worldwide
(877)-702-9580
I'm not
Confidential Attorneys' Eyes Only Outside Counsel
Page 285
1
So as I stated earlier, I haven't studied
2
this in detail enough in matching it up with the
3
claims, so your representation is you wanted me to
4
consider all four tiles as one doc -- in a -- in its
5
combination, as an entirety, as one document.
6
That might be an electronic document
7
vis-à-vis the claims.
8
to study that in detail --
It might not be.
I would have
9
MR. JOHNSON:
Well --
10
THE WITNESS:
-- relative to the context of
11
the application.
12
analysis yet.
13
tile is an electronic document in this application.
14
don't know.
15
I have not done that detailed
So it may be that only each -- each
MR. JOHNSON:
Q.
Well, it's visually
16
represented on screen with a defined set of
17
boundaries, right, those 2x2 tiles?
18
MR. MONACH:
Object to the form of the
19
question; assumes facts not in evidence; lack of
20
foundation.
21
THE WITNESS:
As I said, you -- you're
22
representing to me that you wanted me to consider
23
that.
24
entirety with the defined boundaries, that could be
25
an --
So if you considered those four tiles as one
TSG Reporting - Worldwide
(877)-702-9580
I
Confidential Attorneys' Eyes Only Outside Counsel
Page 330
1
MR. JOHNSON:
Tilt it, Henry.
Yep.
2
Q
See that?
3
A
Keep going.
4
Q
Doesn't that meet claim limitation seven?
5
MR. MONACH:
6
THE WITNESS:
Same -- same objection.
I think I would have to study
7
that in detail.
8
definitely meets the edge -- reaches the edge.
9
know that I reached the edge because I've gone -- I've
It's not clear to me that I -- it
When I
10
already explored that list further, but just looking
11
at that and maybe there's something beyond that, I
12
don't know.
13
it clearly tells me that I've reached the edge.
14
again, I would caveat this by saying I have to study
15
this in detail --
It's only when it goes much further that
16
MR. MONACH:
17
THE WITNESS:
18
Sorry.
-- before making that
determination.
19
MR. MONACH:
20
Mr. Videographer, are we at seven hours?
21
minutes?
22
23
24
25
So,
Two
Okay.
MR. JOHNSON:
Q
Sorry.
Okay.
Can you tell me if this meets the limitations
of Claims 19 and 20?
MR. MONACH:
Same objection.
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?