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 B

Highly Confidential Pursuant to Protective Order

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
APPLE INC., a California
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Corporation,
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Plaintiff,
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Vs.
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Case No.
§ 11-CV-01846-LHK
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SAMSUNG ELECTRONICS CO.,
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LTD., a Korean business
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entity; SAMSUNG ELECTRONICS §
AMERICA, INC., a New York
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corporation; SAMSUNG
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TELECOMMUNICATIONS AMERICA, §
LLC, a Delaware limited
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liability company,
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§
Defendants.
§

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HIGHLY CONFIDENTIAL
UNDER THE PROTECTIVE ORDER

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DEPOSITION OF JUSTIN DENISON
Dallas, Texas
Wednesday, September 21st, 2011

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Reported by:
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Daniel J. Skur, Notary Public and CSR
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JOB NO. 41964
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September 21st, 2011

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9:36 a.m. - 7:32 p.m.

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Deposition of JUSTIN DENISON, held

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at the offices of Regus, 4514 Cole Avenue,

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Suite 600, Dallas, Texas, before Daniel J.

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Skur, Notary Public and Certified Shorthand

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Reporter in and for the State of Texas.

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A P P E A R A N C E S:
FOR THE PLAINTIFF APPLE INC.:
MORRISON & FOERSTER
BY: RICHARD S.J. HUNG, ESQ.
DIANA B. KRUZE, ESQ.
425 Market Street
San Francisco, California 94105

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FOR THE DEFENDANTS SAMSUNG:
QUINN EMANUEL URQUHART & SULLIVAN
BY: VICTORIA F. MAROULIS, ESQ.
MARK TUNG, ESQ.
555 Twin Dolphin Drive
Redwood Shores, California 94065

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ALSO PRESENT:
Ms. Cindi Moreland, Samsung
Ms. Ann Park, Interpreter
Mr. John Hines, Videographer

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Q.

What I'm asking is for the Galaxy

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Tab 10.1, is it possible to not use the

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bounce-back functionality in the browser

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application?

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MS. MAROULIS:

Objection, vague,

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calls for expert testimony.

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A.

What I can tell you is that upon my

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discussions with the designers who implemented

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the bounce-back functionality inside the

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browser for Samsung was that the Android code

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did not come with bounce-back inside browser

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and that Samsung added bounce-back to the

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browser.

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BY MR. HUNG:

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Q.

So with respect to the browser

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application, in particular for the Samsung

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Galaxy Tab 10.1, if the Android code were

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running on the -- that device without any

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modification by Samsung, that application would

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lack the bounce-back functionality, correct?

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MS. MAROULIS:

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hypothetical, vague.

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A.

Objection, incomplete

I think what I can confirm to you is

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that Samsung added bounce-back functionality to

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the browser.
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Q.

If you look at the fourth page of

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this document, which are Samsung's responses to

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Apple's interrogatory number 1 relating to its

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motion for a preliminary injunction, there is a

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statement, quote, in connection with the

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development of the bounce-back feature of the

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contacts application, Wookyun Kho considered

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similar or analogous features implemented in

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products of various competitors, including

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Apple.

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Do you see that sentence?

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A.

I do see it.

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Q.

Do you have any testimony to offer

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with respect to that statement?

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MS. MAROULIS:
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Objection, vague.

With regards to my conversation with

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Mr. Kho, who I believe is Wookyun Kho, I

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specifically asked Mr. Kho whether he had

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looked at or evaluated bounce-back

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functionality in any other device that was in

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the market, and he indicated that he had seen

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and did look at the bounce-back functionality

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inside the iPhone as well as HTC devices that

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were running the Eclair version of Android OS.

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Q.

Did he -- did Mr. Kho explain to you
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prior versions of implementation on earlier

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versions of Android as well as implementations

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in other operating system environments, and it

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was Mr. Kho's intention to keep the look and

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feel of the list scrolling functionality

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consistent within the Samsung portfolio,

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meaning going back to previous implementations,

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as he inherited it.

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BY MR. HUNG:

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Q.

Has Samsung considered any

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alternatives to its use of the bounce-back

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functionality in the contacts application in

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the Droid Charge?

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A.

I asked Mr. Kho specifically whether

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any alternative implementations were

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considered.

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sister team of his, the UX strategy team, had

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indicated or offered two alternatives to list

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scrolling and bounce-back functionality which

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were investigated by Mr. Kho.

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Q.

He indicated to me that the -- a

Did Mr. Kho implement either of

those two alternatives?
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My understanding, based on

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conversation with Mr. Kho, is that those

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alternatives were implemented to an extent to
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test their feasibility.
Q.

Were they implemented in an actual

deployed product?

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MS. MAROULIS:

Objection, beyond the

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scope to the extent it goes beyond products

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at issue.

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BY MR. HUNG:

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Q.

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And I'll limit my question to the

Infuse 4G, Droid Charge, Samsung Galaxy S 4G,
and Galaxy Tab 10.1.
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So I don't believe that, you know,

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Mr. Kho had anything to do with implementation

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of bounce-back on the Galaxy Tab 10.1.

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respect to the three smart phones that you

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highlighted, these functionalities, these

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alternative functionalities or behaviors were

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not implemented on any or either of those three

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smart phones.

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Q.

With

What were the differences between

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the alternative -- alternatives for bounce-back

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that Mr. Kho considered and the bounce-back as

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implemented in the contacts application?

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MS. MAROULIS:

Objection, vague and

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compound, beyond the scope to the extent it

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goes beyond the products at issue.
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A.

I would ask you to repeat the

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question, if you would.

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BY MR. HUNG:

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Q.

Sure.

What were the differences

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between the alternatives for the bounce-back

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functionality that Mr. Kho considered versus

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what was implemented as the bounce-back

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functionality in the contacts application?

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MS. MAROULIS:
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Same objection.

Based on my conversation with

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Mr. Kho, there were, again, two alternatives

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that were considered and tested for

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feasibility, one of which was called Star Wars

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implementation, and one of which was, I

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believe, referred to as a stretch or rubber

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band functionality.

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I think it would be helpful if we

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broke down the conversation to discuss what the

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essence of those functionalities were and how

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they may be different than the bounce-back.

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BY MR. HUNG:

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Q.

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What were the essence of the

Star Wars alternative?

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Okay.

MS. MAROULIS:
A.

Objection, vague.

What I can tell you is that as
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Mr. Kho described to me, the user experience

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for the Star Wars implementation would appear

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to the user much like the, as he described it,

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the beginning scroll text as you watch the Star

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Wars movies, so giving -- giving the end user a

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three-dimensional perspective of text going to

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the horizon, if you will.

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BY MR. HUNG:

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Q.

And what was the essence of the

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stretch or rubber band alternative to which you

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referred?

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MS. MAROULIS:
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Objection, vague.

Based on Mr. Kho's description to

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me, I apologize, I don't recall if he referred

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to it as stretch or rubber band, so I will call

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it stretch.

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this case would be that as you approached the

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end of the list, instead of the last item, for

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purposes of this discussion, we call it

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bouncing back or pulling away from the bottom

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of the screen, that, in fact, the list would

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begin to stretch so that the last item would

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stick, if you will, at the bottom and the

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remaining items would be kind of interpolated

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further and further apart as they approached

So the stretch functionality in

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the end so as to appear that you were

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stretching the list at the bottom.

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BY MR. HUNG:

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Q.

Why did Mr. Kho elect to stay with

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the bounce-back functionality in the contacts

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application instead of implementing the Star

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Wars alternative?

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MS. MAROULIS:

Objection, to the

extent it goes beyond products at issue,

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it's beyond the scope.

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A.

So with respect to my conversation

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with Mr. Kho regarding the products at issue

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and how his implementation appeared on those

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products at issue, Mr. Kho indicated to me that

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there were substantial challenges related to

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drawing a 3D effect on a 2D pallet.

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his words, not mine.

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viable alternative.

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BY MR. HUNG:

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Q.

Those were

So that was deemed not a

And where -- in your last answer in

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terms of viable alternative, were you -- you

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were referring to the Star Wars alternative,

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correct?

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A.

That is correct.

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Q.

Why did Mr. Kho elect to stay with
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the bounce-back functionality in the contacts

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application instead of implementing the stretch

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alternative?

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MS. MAROULIS:

Objection, beyond the

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scope to the extent it goes beyond products

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at issue.

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A.

Again, with respect to my

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conversation with Mr. Kho regarding the stretch

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functionality as it pertains to the products at

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issue and his involvement in the development of

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the code, he indicated to me that that

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particular implementation was not feasible.

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was deemed infeasible.

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BY MR. HUNG:

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Q.

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It

Did he explain to you why it was

infeasible?
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Mr. Kho did not explain to me what

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the fundamental software or hardware

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limitations were related to that.

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the words viable and feasible interchangeably.

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I apologize.

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Q.

And I used

Did you discuss the specific design

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process relating to the hardware of the Samsung

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Galaxy S with the individuals that you

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identified in the first exhibit to your
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C E R T I F I C A T E

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STATE OF TEXAS

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COUNTY OF DALLAS

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I, Daniel J. Skur, a Notary Public

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within and for the State of Texas, do

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hereby certify:

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That JUSTIN DENISON, the witness
whose deposition is hereinbefore set forth,

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was duly sworn by me and that such

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deposition is a true record of the

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testimony given by such witness.

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I further certify that I am not

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related to any of the parties to this

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action by blood or marriage; and that I am

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in no way interested in the outcome of this

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matter.

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IN WITNESS WHEREOF, I have hereunto

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set my hand this 21st day of September,

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2011.

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___________________________________
Daniel J. Skur

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Notary Public, State of Texas.
My Commission Expires 7/10/2014

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ERRATA SHEET FOR THE TRANSCRIPT OF:
Case Name: APPLE INC.,
vs.
SAMSUNG ELECTRONICS CO., LTD.
et al.
Dep. Date: September 21st, 2011
Deponent: JUSTIN DENISON

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Reason codes:
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2. To conform to the facts.
3. To correct transcription errors.
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____________________
JUSTIN DENISON

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SUBSCRIBED AND SWORN BEFORE ME
THIS _____ DAY OF ____________, 2011.

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_______________________________
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(Notary Public)

MY COMMISSION EXPIRES:_______

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