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

Filing 441

OBJECTIONS to Samsung's Untimely New Evidence Regarding Preliminary Injunction Motion by Apple Inc.. (Attachments: #1 Grant Kim Declaration (Public Redacted Version), #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E (Redacted), #7 Exhibit F, #8 Exhibit G (Redacted), #9 Exhibit H, #10 Exhibit I, #11 Exhibit J)(Jacobs, Michael) (Filed on 11/30/2011)

EXHIBIT A

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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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opinion.

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THE WITNESS:

I don't think I talked about

internal boundary at all.

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MR. JOHNSON:

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Q

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Okay.

boundary?

Can an electronic document have an internal

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MR. MONACH:

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MR. JOHNSON:

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We talked about it in the

context of the contacts on the Tab 7 that had the -the list of names.

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Object.

MR. MONACH:

Object to the form of the

question as vague, misstating the prior testimony.

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MR. JOHNSON:

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A

So do you understand my

question?

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Q.

I -- I'm not 100 percent sure, because the

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word "internal boundary" I don't think, has come up

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yet, and if I look at the con- -- if I go back to the

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contacts list discussions, if I recall correctly this

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morning, the only thing that when we talked about the

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boundary of the contact list, I mean, there's the

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application that has more decorations around it,

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but -- so it -- you know, maybe you can be more

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specific about what you mean by -- when you say

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"internal boundary."

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Q

Okay.

So if we -- you can put that one down
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and pick up the tab -- this is Tab 7.

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A

Okay.

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Q

And if you go to the contacts --

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A

Yes, I'm at the contacts.

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Q

-- location, right.

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If you -- so my question is:

I think earlier

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you said, use a pen, if you want to use a pen, can you

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draw -- just can you just sort of show the camera what

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the electronic document is in that context?

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MR. MONACH:

Object to the form of the

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question; calls for a legal conclusion, incomplete

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hypothetical; asking for a new opinion.

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THE WITNESS:

Okay.

Let me just refresh

myself on what this thing does here.

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So I think I -- I believe I testified that

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the electronic document -- this would be a portion of

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the electronic document, because the entirety is not

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shown.

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in this rectangular column, and right now it's showing

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me a partial --

It's will be this, this stuff that's displayed

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MR. JOHNSON:

Yeah.

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THE WITNESS:

-- amount.

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MR. JOHNSON:

Q.

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So there -- there are

pieces above the F and below the T?
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MR. MONACH:

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MR. JOHNSON:

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A

Object to form.
Q.

Or maybe not below it.

Yeah, there is stuff above the F and below

the T, yes.
Q

Okay.

So all I was asking was, you can have

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an electronic document that has an internal boundary

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within a screen; right?

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MR. MONACH:
question as vague.

Objection; calls for a legal

conclusion.

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Object to the form of the

THE WITNESS:

So I -- I'm not -- again, I'm

still not sure what you mean by "internal."

It --

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MR. JOHNSON:

I'm --

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THE WITNESS:

Are you saying that this is the

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boundary of the electronic document?

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MR. JOHNSON:
Q

Yeah.

I just meant that that's internal because

it's -- it's located within the middle of the screen?
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So in that -- that boundary doesn't match the

edge of the screen --

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Q

Exactly.

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A

-- is what you're -- is that what you're

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saying?

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Q

Exactly.

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A

Sure, the boundary of the document doesn't
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have to align with the screen.
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So you can have -- you can have the edge of

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the boundary be something other than the edge of the

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screen?

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MR. MONACH:

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MR. JOHNSON:

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thing.
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Objection; vague.
I think we're saying the same

I'm just -- I'm really bad with trying to -I want to make sure I say the right thing

with my understanding of what you're saying, too.
Q

So all I'm saying is, under your view of an

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electronic document, an electronic document can have a

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boundary that is internal to the screen or, you know,

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doesn't have to be at the edge of the screen --

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MR. MONACH:

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MR. JOHNSON:

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MR. MONACH:

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Objection; form.
Q.

-- right?

Objection; calling for a legal

conclusion; asked and answered.

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You can do it again.

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THE WITNESS:

So as I answered earlier, and

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my opinion is that the boundary of the electronic

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document, in this case, this -- this edge is one

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boundary of it, does not have to match the edge of the

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screen, yes.

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MR. JOHNSON:
Q

Okay.

So just, during the lunch, I had the guys
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just print up a sheet of paper with some squares on it

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for me.

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quadrants that are labeled 1 to 36 on here are the

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entire -- that's this -- that's the screen of the

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display.

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So if you imagine, sir, that the -- the

So the whole -- the big rectangular is the

screen?

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Q

Right.

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A

Okay.

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Q

So you can have an electronic document that

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consists of smaller grids within the screen; right?

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MR. MONACH:

Object to the form of the

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question; calling for a legal conclusion; incomplete

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hypothetical; asking for a new opinion.

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THE WITNESS:

It would depend on what one

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considers to be the electronic document.

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one of these, let me call it sub rectangles that you

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can label with numbers.

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of them.

It could be

It could be some combination

It --

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MR. JOHNSON:

Right.

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THE WITNESS:

-- really depends on -- depends

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on how, you know, you want to put the boundary around

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it.

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MR. JOHNSON:

Q.

So you could draw a

boundary, hypothetically, around squares 15, 16, 17,
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18, 21 and 22, 23 and 24?

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Say -- sorry.

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Q

22, 23, and 24.

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A

So kind of like this?

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Q

Yeah, go ahead and draw it.

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MR. MONACH:

15, 16, 17, 18, 21?

Object to the -- object to the

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form of the question as vague and ambiguous;

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incomplete hypothetical.

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MR. JOHNSON:

Q.

Make it a little more

noticeable for me.

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A

We've got black lines around it.

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Q

Yeah, okay.

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So that could be an electronic document;
right?
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Depend --

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MR. MONACH:

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THE WITNESS:

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Depending on the context, depending on the

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Same objection.
Sorry.

I jumped in there.

application, it could be.

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MR. JOHNSON:

Okay.

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THE WITNESS:

Or some other collection.

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MR. JOHNSON:

Q.

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It's not limited to that;

right?

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A

I would not say it's limited.

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Q

So it could be also a -- a six-by-six grid or
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application and what a document means in that context.

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MR. JOHNSON:

Q.

If -- going back to the

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original two-by-four rectangle of 15, 16, 17, 18, 21,

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22, 23, 24, if you look at that, is it fair to say

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that this line right here is an edge of the electronic

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document?

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A

The line --

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MR. MONACH:

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Hang on a second.

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THE WITNESS:

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MR. MONACH:

Object.

I'm sorry.
Objection; vague and ambiguous;

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incomplete hypothetical; calling for a legal

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conclusion and a new opinion.

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THE WITNESS:

this prior to this, you putting this in front of me.

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So, again, I haven't considered

Thinking on the fly here, so you're saying
this line -- the vertical line between --

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MR. JOHNSON:

Since the witness is pointing,

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I just want to make sure you get what he's pointing

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to.

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Yeah.

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THE WITNESS:

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The vertical line between 14

and 15, and 20 and 21, here, this --

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Q

That -- that's right, yeah.

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A

-- line.
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MR. JOHNSON:

Sir --

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THE WITNESS:

-- electronic document in the

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con- -- but I have not studied this application in

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detail enough to determine what the contact of use of

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this application is.

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might be considering each of these tiles as a separate

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electronic document.

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MR. JOHNSON:

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Maybe in this application it

I do not know that.
Q.

I'm asking you, does the

2x2 tiles that we see currently on the screen, does

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that meet your definition of "electronic document," as

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that term is used in the '381 patent?

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MR. MONACH:

Objection; lack of foundation;

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incomplete hypothetical; asking the witness to draw a

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legal conclusion and a new opinion for the first time

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at the deposition with inadequate information.

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THE WITNESS:

And as I believe I already

answered, it depends on what the context of use is.
So if -- if, indeed, the application

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considers those four things as one entity and is --

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has defined boundaries, then that might meet the

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electronic document definition, as used in the claims,

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but it -- it might not.

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It might -- it might be that each of those --

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each of these tiles or quadrants might be a separate

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electronic document.

I would have to study this in

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the context of use of this -- of these pieces of tiles

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in this application to determine that with any

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certainty.

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MR. JOHNSON:

Q.

So you don't know right

now, sitting here?
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I cannot give you a definitive answer.

It

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could be an electronic document, depending on the

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context of use.

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Q

So when -- when he slides it slightly to the

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left, does that display a first portion of an

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electronic document if you assume that that 2x2 grid

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is an electronic document?

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MR. MONACH:

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THE WITNESS:

Same objection.
So if we make that assumption

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that that 2x2 grid in its entirety is an electronic

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document and after he slid it, that could be a first

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portion.

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Now, I would still note that when he moved

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it, the -- if the electronic document was the

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entirety, including that blue circle in the middle,

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when he moved it, the blue circle did not move --

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Q

Are --

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-- so not all -- let me finish, please.

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The -- the blue circle did not move, so the
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MR. JOHNSON:

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electronic document?

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MR. MONACH:

Q.

So is a web page not an

Same objection; vague and

ambiguous.

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THE WITNESS:

So Claim 7 says the electronic

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document is a digital image, so it's -- it's trying

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to -- my understanding is it's trying to give a more

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specific instance of what an electronic document is,

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in that -- in that example, in that claim.

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MR. JOHNSON:
Q

Right.

Using your -- what is the -- what is the -- I

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already asked you this.

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definition -- strike that.

I mean, using your

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Using the definition of a person of ordinary

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skill in the art would understand a digital image to

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mean, does Exhibit 114 meet the limitations of

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Claim 7?

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MR. MONACH:

Same objections as previously

stated.
THE WITNESS:

And I think I've already

answered that.
I -- without knowing more information about

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what that -- those four tiles are that you have

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represented to be the electronic document, is that a

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single image?

Is it multiple images?
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text?

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MR. JOHNSON:

Well, take a look --

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THE WITNESS:

I can't tell from -- this could

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be four images that are concatenated together to form

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one document.

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MR. JOHNSON:

Q.

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limitation?

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So would that not meet the

does that avoid Claim 7?

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If it's a concatenated series of images,

MR. MONACH:

Same objection.

THE WITNESS:

I don't know.

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considered that scenario.

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document is a digital image.

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I haven't

concatenated set of images.

It says here the electronic
It doesn't talk about a

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MR. JOHNSON:

Okay.

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THE WITNESS:

And so I would have to study

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that scenario in detail before answering that

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question.

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MR. JOHNSON:

Q.

Does a concatenated series

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of images satisfy the definition of a digital image as

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it's used in the '381 patent?

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MR. MONACH:

Same objection; asked and

answered.
THE WITNESS:

I would say, again, to my --

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similar answer to what I just gave, it -- it would

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depend on the application.

If the application

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considered that -- sorry -- I think you asked whether

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it's a digital image.

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I would say a concatenation would be a series

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of a bunch of digital images combined together.

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if that combination is treated by the application as a

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single image, then maybe it is.

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the context.

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context of this application and how it's treating any

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potential concatenation of images to answer that

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question in -- in -- with any certainty, at this

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point.

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Now,

It would depend on

So I do not know enough about the

MR. JOHNSON:

I heard you earlier say that

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the claim language of the '381 patent is simple and

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straightforward.

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Q

So are you telling me that looking at this

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screen that we see here in Exhibit 114, and what we

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see on it, you can't tell me whether that is a digital

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image?

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MR. MONACH:

Object to the form of the

question.
THE WITNESS:

That's not what I said.

I said

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I can't tell that's one digital image or four digital

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images concatenated together, so it has nothing to do

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with whether the -- the language.

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straightforward.

The claim is

The claim states "a digital image."

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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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