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

Filing 462

Declaration of DEOK KEUN Matthew Ahn IN SUPPORT OF #461 APPLES OPENING CLAIM CONSTRUCTION BRIEF PURSUANT TO PATENT L.R. 4-5 filed by Apple Inc.(a California corporation). (Attachments: #1 Exhibit A, #2 Exhibit B Part 1, #3 Exhibit B Part 2, #4 Exhibit C Part 1, #5 Exhibit C Part 2, #6 Exhibit D Part 1, #7 Exhibit D Part 2, #8 Exhibit D Part 3, #9 Exhibit D Part 4, #10 Exhibit E Part 1, #11 Exhibit E Part 2, #12 Exhibit F, #13 Exhibit G, #14 Exhibit H, #15 Exhibit I, #16 Exhibit J, #17 Exhibit K, #18 Exhibit L, #19 Exhibit M Part 1, #20 Exhibit M Part 2, #21 Exhibit N, #22 Exhibit O, #23 Exhibit P, #24 Exhibit Q)(Jacobs, Michael) (Filed on 12/8/2011) Modified on 12/9/2011 linking entry to document #461 (dhm, COURT STAFF).

Exhibit I

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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APPLE INC., A CALIFORNIA
CORPORATION,
PLAINTIFF,

:
:
:

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:
: CASE NO.
: 11-CV-01846-LHK
SAMSUNG ELECTRONICS, CO.,
:
LTD., A KOREAN BUSINESS
:
ENTITY; SAMSUNG ELECTRONICS :
AMERICA, INC., A NEW YORK
:
CORPORATION; SAMSUNG
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TELECOMMUNICATIONS AMERICA, :
LLC, A DELAWARE LIMITED
:
LIABILITY COMPANY,
:
VS.

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DEFENDANTS
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DEPOSITION OF ANDRIES VAN DAM, an Expert
Witness in the above-entitled cause, taken on
behalf of the Plaintiff, before Barbara
Warner, RPR, Notary Public in and for the
State of Rhode Island, at the offices of
Allied Court Reporters, 115 Phenix Avenue,
Cranston, RI, on September 14, 2011
at 9:30 A.M.

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Job Number: 41901
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APPEARANCES:
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FOR THE PLAINTIFF APPLE INC.:
MORRISON & FOERSTER
BY: RICHARD S.J. HUNG, ESQ.
BY: DEOK KEUN MATTHEW AHN, ESQ.
425 MARKET STREET
SAN FRANCISCO, CALIFORNIA 94105

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FOR THE DEFENDANTS SAMSUNG:
QUINN EMANUEL URQUHART OLIVER & HEDGES
BY: TODD M. BRIGGS, ESQ.
BY: AARON KAUFMAN, ESQ.
555 TWIN DOLPHIN DRIVE
REDWOOD SHORES, CALIFORNIA 94065

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ALSO PRESENT:
MIKE HENRIQUES, VIDEOGRAPHER

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INDEX
WITNESS

PAGE

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ANDRIES VAN DAM
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EXAMINATION BY MR. HUNG............

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EXHIBITS
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DESCRIPTION

PAGE

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EXHIBIT 129

NOTICE OF DEPOSITION

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EXHIBIT 130

DECLARATION OF ANDRIES
VAN DAM

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LONG VERSION OF VAN DAM
CV

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EXHIBIT 131
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EXHIBIT 132

iPAQ

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EXHIBIT 133

CHECKERBOARD DOCUMENT

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EXHIBIT 134

EXHIBIT A TO THE BEDERSON
DECLARATION
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EXHIBIT 135

SONY DEVICE

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EXHIBIT 136

EXHIBIT 4 TO THE VAN DAM
DECLARATION

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EXHIBIT 137

BATES NUMBERS 1156

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EXHIBITS

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DESCRIPTION

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EXHIBIT 138

PAGE
EXHIBIT 5 TO THE VAN DAM
DECLARATION

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EXHIBIT 139

VAN DEN HOVEN REFERENCE

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EXHIBIT 140

READING AND WRITING THE
ELECTRONIC BOOK

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SOURCE CODE MODULE

199

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EXHIBIT 141

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*EXHIBITS 132 AND 135 RETAINED BY THE
ATTORNEYS.

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(DEPOSITION COMMENCED AT 9:54 A.M.)

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ANDRES VAN DAM

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THE VIDEOGRAPHER:

This is the

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start of the tape labeled number 1 of the

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videotaped deposition of Andries van Dam in

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the matter of Apple Inc., versus Samsung

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Electronics Company, Limited, in the United

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States District Court, Northern District of

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California, San Jose Division.

The

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deposition is being held at Allied Court

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Reporters, 115 Phenix Avenue, Cranston, Rhode

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Island on September 14, 2011 at approximately

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9:54 a.m.

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My name is Mike Henriques.

I am

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the legal video specialist from TSG

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Reporting, Inc., headquarted at 747 Third

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Avenue, New York, New York.

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reporter is Barbara Warner in association

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with TSG Reporting.

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please introduce themselves.

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The court

And if counsel could

MR. HUNG:

Richard Hung of

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Morrison & Foerster for Apple Inc.

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today is Matthew Ahn, also of Morrison &

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Foerster.

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MR. BRIGGS:

With me

Todd Briggs from

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Q.

Or doesn't infringe, as represented in those

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claim charts?

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A. Correct.

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Q.

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Do you have any patents of your own?
A. No.

Q.

I take it you are not an inventor on any

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patent, whether a utility patent or design

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patent?

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A. I am not.

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Q.

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Or form patent?
A. I am not.

Q.

Now, I would like to get into some of the

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substance of your declaration.

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A. Please.

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Q.

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Turn to paragraph 21 of your declaration.
A. Starting with --

Q.

I apologize.

Paragraph 21 on page 5.

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use paragraphs today to make it easier.

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I will

A. That's fine.

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MR. HUNG:

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just find the paragraph.

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MR. BRIGGS:

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Todd, if I can help him

Sure.

A. I have read it.
Q.

I will be referring today to this snap-back
feature referenced in paragraph 21, and I

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want to make sure we are on the same page

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with respect to how we understand that

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feature.

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the snap-back feature?

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A. Yes.

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document in a certain direction, and you

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scroll it past its edge, where there is no

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new information to come into view, you are

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going to be displaying beyond the edge.

Describe to me what you meant by

If you are moving an electronic

If

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your excursion beyond the edge is small and

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you lift your finger or your stylist,

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whatever your pointing device is, then the

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view will snap back so that there is no

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unrelated information to be seen.

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material beyond the edge disappears.

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should be seen as a mechanism for overpanning

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or overscrolling and realigning the final

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view.

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Q.

That
So it

There are two more words I want to ask you

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about two, three more words, because at least

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two of them appeared in your declaration.

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What do you mean by overpanning?

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A. Going beyond the edge.

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the electronic document further than it

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should go and this particular form of visual

An attempt to pull

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feedback lets you know that by as soon as you

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lift up, snapping the document to another

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view in which there is no material beyond the

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edge visible.

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Q.

I take it that overscrolling is different

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than overpanning?

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A. No, I mean them exactly the same way.

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Scrolling to some people means moving in a

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linear direction, similar direction.

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may mean that or it could mean in an

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arbitrary direction in a way that a film

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camera can pan.

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Q.

Panning

You refer to the feature as snap-back.

Is

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that the same as moving back?

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distinction between moving back and snapping

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back?

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A. Yes, there is.

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Q.

Is there a

What is the distinction?

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A. The term snap-back or bounce-back is used

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to indicate that there is an attempt to

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simulate a kind of physics which you would

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get from, say, attaching a rubber band to the

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edge and having the rubber band pull the edge

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back.

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my iPhone does that.

So the animation which you can see on
It gives you the

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C E R T I F I C A T E
I, Barbara Warner, a Notary Public in
and for the State of Rhode Island, duly
commissioned and qualified to administer
oaths, do hereby certify that the foreging
Deposition of Andries van Dam, a Witness in
the above-entitled cause, was taken before me
on behalf of the Plaintiff, at the offices of
Allied Court Reporters, 115 Phenix Avenue,
Cranston, Rhode Island on September 14, 2011
at 9:30 A.M.; that previous to examination of
said witness, who was of lawful age, he was
first sworn by me and duly cautioned to
testify to the truth, the whole truth, and
nothing but the truth, and that he thereupon
testified in the foregoing manner as set out
in the aforesaid transcript.
I further testify that the foregoing
Deposition was taken down by me in machine
shorthand and was later transcribed by
computer, and that the foregoing Deposition
is a true and accurate record of the
testimony of said witness.

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Pursuant to Rules 5(b) and 30(f) of the
Federal Rules of Civil Procedure, original
transcripts shall not be filed in Court;
therefore, the original is delivered to and
retained by Plaintiff's attorney, Richard
S.J. Hung, Esquire.
Correction and signature pages were sent
to Plaintiff's Counsel, Todd M. Briggs.

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IN WITNESS WHEREOF, I have hereunto set
my hand and seal this 15th day of September,
2011.

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__________________________________________
BARBARA WARNER, NOTARY PUBLIC/CERTIFIED
COURT REPORTER
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