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 O

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

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**HIGHLY CONFIDENTIAL

ATTORNEYS' EYES ONLY**

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DEPOSITION OF WAYNE WESTERMAN
Redwood Shores, California
Monday, October 31, 2011

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Reported By:
LINDA VACCAREZZA, RPR, CLR, CRP, CSR. NO. 10201
JOB NO. 43058
TSG Reporting - Worldwide

877-702-9580

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October 31, 2011
9:11 a.m.

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Videotaped deposition of WAYNE
WESTERMAN, held at Quinn Emanuel

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Urquhart & Sullivan, LLP, 555 Twin

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Dolphin Drive, Suite 500, Redwood

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Shores, California, pursuant to

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Subpoena before Linda Vaccarezza, a

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Certified Shorthand Reporter of the

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State of California.

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

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QUINN EMANUEL URQUHART & SULLIVAN LLP

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Attorneys for Defendants

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555 Twin Dolphin Drive

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Redwood Shores, California 94065

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BY:

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ALAN WHITEHURST, ESQ.
KETAN PATEL, ESQ.

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[e-mail]

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MORRISON & FOERSTER, LLP

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Attorneys for Plaintiff

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425 Market Street

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San Francisco, California 94105

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BY:

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MATTHEW I KREEGER, ESQ.

[e-mail]

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ALSO PRESENT:

Cindy Wheeler

Videographer:

Alexi dias

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(Exhibit 1150, Notice of

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Deposition of Wayne

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westerman, marked for

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identification.)

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(Exhibit 1151, Condensed

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Transcript of the Deposition of

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Wayne Westerman dated October 12,

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2011, Bates stamped APLNDC

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X0000001512 through APLNDC

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X0000001620, marked for

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identification.)

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(Exhibit 1152, Condensed

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Transcript of the Deposition of

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Wayne Westerman dated November 17,

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2010, Bates stamped APLNDC

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X0000001623 through APLNDC

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X0000001680 marked for

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identification.)

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(Exhibit 1153, Exhibit 1153

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Condensed Transcript of the

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Deposition of Wayne Westerman

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dated October 11, 2011, Bates
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stamped APLNDC X0000001746 through

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APLNDC X0000001773, marked for

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identification.)

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(Exhibit 1154, Condensed

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Transcript of the Deposition of

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Wayne Westerman dated June 28,

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2011, BAtes stamped APLNDC

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X0000001775 through APLNDC

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X0000001826, marked for

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identification.)

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(Exhibit 1155, "Prehearing and

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Tutorial" dated September 23,

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2011, Bates stamped

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X0000004562 through APLNDC

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X0000004274 through APLNDC

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X0000004906, marked for

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identification.)

APLNDC

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THE VIDEOGRAPHER:

Good morning.

This is

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the beginning of Disk Number 1 of the videotaped

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deposition of Mr. Wayne Westerman in the matter

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Apple Inc. versus Samsung Electronic Company in

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the United States District Court, Northern

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District of California, San Jose division.

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number 11 CV 01846 LHK.

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held at Quinn Emanuel, 555 Twin Dolphin Drive,

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Fifth Floor, in Redwood Shores, California, on

Case

This deposition is being

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October 31st, 2011.

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name is Alexi Dias from TSG Reporting, Inc. and

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our court reporter is Linda Vaccarezza.

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counsel please introduce yourself.

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The time is 9:06 a.m.

MR. WHITEHURST:

My

Will

Good morning.

My

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name is Alan Whitehurst, and with me

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today is my colleague, Ketan Patel.

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are both at the law firm of Quinn Emanuel

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and we represent Samsung.

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MR. KREEGER:

We

Mathew Kreeger,

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Morrison & Foerster representing Apple

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and the witness.

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Wheeler from Apple.

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With me is Cindy
Thank you.

WAYNE WESTERMAN,

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having been duly sworn by the Certified

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Shorthand Reporter, was examined and testified as
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the fitting of ellipses to groups.

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a unitary transformation or finding Eigen

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values/vector angle of the covariance matrix of

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electro coordinates as described below and in the

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code excerpt."

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Q.

This required

Dr. Westerman, why did the fitting

of ellipses require a unitary transformation?
A.

It's just saying that the unitary

transformation is just a rotation of a coordinate

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system so that to align with the long angle of

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the data, and that's

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to finding the orientation of the major axis, you

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rotate your

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you can find the angle of the major axis.

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what it does for you.

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transformation just means rotating a coordinate

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system, but in this case, you're doing it to

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match the Eigen vector of the covariance matrix,

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and that should match up with the long or major

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axis of the data.

and that's just the step

rotating the coordinate system so

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Q.

A.

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Q.

Really, I think unitary

REDACTED

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That's

REDA
CTED
REDACTED

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C E R T I F I C A T E
STATE OF CALIFORNIA

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)

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COUNTY OF SAN FRANCISCO )

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I, LINDA VACCAREZZA, a Certified

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Shorthand Reporter for the State of

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California, do hereby certify:

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That WAYNE WESTERMAN, the witness
whose deposition is herein before set

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forth, 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

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am in no way interested in the outcome of

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this matter.

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IN WITNESS WHEREOF, I have hereunto

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set my hand this 31st day of October

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2011.

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________________________________

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LINDA VACCAREZZA, CSR. NO. 10201

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I N D E X
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(Time noted: 3:35 p.m.)

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_____________________

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WAYNE WESTERMAN

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Subscribed and sworn to before me

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This

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______________________________________

day of

, 2011.

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