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).

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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

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