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

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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APPLE INC., a California
corporation,

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Plaintiff,
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vs.

CASE NO. 11-CV-01846-LHK

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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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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

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VIDEOTAPED DEPOSITION OF RAVIN BALAKRISHNAN, Ph.D.
SAN FRANCISCO, CALIFORNIA
TUESDAY, AUGUST 16, 2011

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BY: ANDREA M. IGNACIO HOWARD, CSR, RPR, CCRR, CLR
CSR LICENSE NO. 9830
JOB NO. 41176
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TUESDAY, AUGUST 16, 2011
9:10 a.m.

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VIDEOTAPED DEPOSITION OF RAVIN BALAKRISHNAN,

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Ph.D., taken at QUINN EMANUEL URQUHART &

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SULLIVAN, 50 California Street, 22nd Floor,

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San Francisco, California, pursuant to

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Notice, before me, ANDREA M. IGNACIO HOWARD,

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CLR, CCRR, RPR, CSR License No. 9830.

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A P P E A R A N C E S:

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FOR APPLE INC.:

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MORRISON & FOERSTER

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By:

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ANDREW E. MONACH, Esq.
DEOK KEUN AHN, Esq.

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425 Market Street

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San Francisco, California 94105

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FOR SAMSUNG ELECTRONICS CO. LTD:

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QUINN EMANUEL URQUHART & SULLIVAN

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By:

KEVIN JOHNSON, Esq.

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HENRY LIEN, Esq.

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TODD BRIGGS, Esq.

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MARK TUNG, Ph.D., Esq.

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555 Twin Dolphin Drive

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Redwood Shores, California 94065

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ALSO PRESENT:

Alan Dias, Videographer

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So let's see if I can show this.

I've got my

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finger on the screen, my object on the screen.

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first portion is this part of the document that, let's

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say, starts with Chris Thomas at the top, and at the

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bottom it has the word "QWERTY," that I just entered.

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I'm gonna -- I'm gonna move my -- move my finger, and

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so in response to my -- my finger, it's gonna

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translate the electronic document to display --

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translate in a first direction, in one direction here,

The

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to display a second portion, which is different from

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the first portion.

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So, now, the second portion now, as you see,

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on the top, has Billy Smith, and the bottom has

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Michael Myers on the -- on the list of the information

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on the document.

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first portion that we saw earlier that had different

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names on the top and bottom.

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So it's clearly different from that

Now -- now, I'm gonna keep going here to the

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next element.

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electronic document being reached while translating

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the electronic document in the first direction, while

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the object is still detected on or near the

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touchscreen display, displaying an area beyond the

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edge of a document and displaying a third portion of

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the electronic document, wherein the third portion is

It says "In response to an edge of the

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product, but you can answer.

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MR. JOHNSON:

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You can have a running

objection on that, just to try and cut though this.

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THE WITNESS:

So I haven't examined this in

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any great detail, but just looking at this right now,

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it's -- certainly is an application that's running on

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a computer-implemented -- or a computer -- so it is a

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computer-implemented method.

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MR. JOHNSON:

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Q

Okay.

And does LaunchTiles running on iPAQ, does

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that meet the limitation of a device with a

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touchscreen display?

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MR. MONACH:

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THE WITNESS:

Same objection.
It's not clear, to me, this is

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a touchscreen display.

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ago, like when I was playing with it, and it didn't

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react to me, but the -- the pen seems to do the job.

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I tried touching it a minute

Okay, so now it does react, so maybe I was

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mistaken.

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to touches, so, sure, it would be a device with a

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touchscreen display.

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MR. JOHNSON:

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Q

Given what he just did, it appears to react

Okay.

So in the -- in the 2x2 grid that we see

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there running on the iPAQ, does that meet the

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limitation of displaying a first portion of an
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electronic document?

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MR. MONACH:

Same objection; lack of

foundation; incomplete hypothetical.

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THE WITNESS:

So I would have to study this

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in detail before answering that question, because I

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need to understand the context of the content being

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shown on the -- on the display as to what constitutes

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an electronic document there, whether it's all four

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tiles is one document or a single tile is a document.

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I cannot make that determination, just looking at this

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on the fly.

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MR. JOHNSON:

Q.

So if the -- in this

example, assume the 2x2 is an electronic document.
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So you're representing to me that you want me

to consider -Q

I want you to consider the 2x2 is an

electronic document?
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So just to clarify it, does that mean the --

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the whole thing is one document.

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saying to me?

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Q

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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.
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So as I stated earlier, I haven't studied

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this in detail enough in matching it up with the

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claims, so your representation is you wanted me to

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consider all four tiles as one doc -- in a -- in its

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combination, as an entirety, as one document.

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That might be an electronic document

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vis-à-vis the claims.

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to study that in detail --

It might not be.

I would have

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MR. JOHNSON:

Well --

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THE WITNESS:

-- relative to the context of

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the application.

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analysis yet.

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tile is an electronic document in this application.

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don't know.

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I have not done that detailed

So it may be that only each -- each

MR. JOHNSON:

Q.

Well, it's visually

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represented on screen with a defined set of

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boundaries, right, those 2x2 tiles?

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MR. MONACH:

Object to the form of the

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question; assumes facts not in evidence; lack of

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foundation.

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THE WITNESS:

As I said, you -- you're

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representing to me that you wanted me to consider

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that.

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entirety with the defined boundaries, that could be

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an --

So if you considered those four tiles as one

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MR. JOHNSON:

Tilt it, Henry.

Yep.

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Q

See that?

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A

Keep going.

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Q

Doesn't that meet claim limitation seven?

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MR. MONACH:

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THE WITNESS:

Same -- same objection.
I think I would have to study

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that in detail.

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definitely meets the edge -- reaches the edge.

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know that I reached the edge because I've gone -- I've

It's not clear to me that I -- it
When I

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already explored that list further, but just looking

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at that and maybe there's something beyond that, I

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don't know.

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it clearly tells me that I've reached the edge.

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again, I would caveat this by saying I have to study

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this in detail --

It's only when it goes much further that

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MR. MONACH:

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THE WITNESS:

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Sorry.
-- before making that

determination.

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MR. MONACH:

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Mr. Videographer, are we at seven hours?

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minutes?

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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.

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perspective, no surprise, I suspect, the deposition is

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over.

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THE VIDEOGRAPHER:

This is the end of today's

deposition.

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We are off the record at 6:37 p.m.

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The master disk will be held by TSG.

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(WHEREUPON, the deposition ended at

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6:37 p.m.)
---oOo---

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J U R A T

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I, RAVIN BALAKRISHNAN, Ph.D., do hereby

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certify under penalty of perjury that, I have read the

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foregoing transcript of my deposition taken on

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August 16, 2011; that I have made such corrections as

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appear noted herein in ink, initialed by me; that my

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testimony as contained herein, as corrected, is true

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and correct.

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DATED this ____ day of _____________, 2011,
at _____________________________.

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__________________________________
SIGNATURE OF WITNESS

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CERTIFICATE OF REPORTER

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I, ANDREA M. IGNACIO HOWARD, hereby certify

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that the witness in the foregoing deposition was by me

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duly sworn to tell the truth, the whole truth, and

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nothing but the truth in the within-entitled cause;

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That said deposition was taken in shorthand

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by me, a Certified Shorthand Reporter of the State of

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California, and was thereafter transcribed into

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typewriting, and that the foregoing transcript

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constitutes a full, true and correct report of said

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deposition and of the proceedings which took place;

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That I am a disinterested person to the said
action.

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IN WITNESS WHEREOF, I have hereunto set my
hand this 17th day of August, 2011.

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___________________________________________
ANDREA M. IGNACIO HOWARD, RPR, CCRR, CLR, CSR No. 9830

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