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

Filing 589

CLAIM CONSTRUCTION STATEMENT Samsung's Opening Claim Construction Brief (Unredacted Version) filed by Samsung Electronics Co. Ltd.. (Attachments: # 1 Exhibit Briggs Declaration and Ex. A-F in support of Samsung's Opening Claim Construction Brief, # 2 Exhibit Briggs Declaration Ex. G-I, # 3 Declaration Wesel Declaration in Support of Samsung's Proposed Claim Construction for US Patent No. 7,200,792, # 4 Declaration Cole Declaration in Support of Samsung's Proposed Claim Construction for US Patent No. 7,698,711, # 5 Exhibit Cole Decl. Ex. 1, # 6 Exhibit Cole Decl. Ex. 2, # 7 Exhibit Cole Decl. Ex. 3, # 8 Exhibit Cole Decl. Ex. 4, # 9 Exhibit Cole Decl. Ex. 5, # 10 Exhibit Cole Decl. Ex. 6, # 11 Exhibit Cole Decl. Ex. 7A-7G, # 12 Exhibit Cole Decl. Ex. 8, # 13 Exhibit Cole Decl. Ex. 9A-9C, # 14 Exhibit Cole Decl. Ex. 10, # 15 Exhibit Cole Decl. Ex. 11, # 16 Exhibit Cole Decl. Ex. 12)(Maroulis, Victoria) (Filed on 1/6/2012)

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EXHIBIT 3 4454582_1.TXT HIGHLY CONFIDENTIAL - OUTSIDE COUNSEL EYES ONLY 1 (The following ROUGH TRANSCRIPT of the 2 deposition of MOON-SANG JEONG, taken on Thursday, 3 November 17, 2011, is not a certified transcript and 4 has not been edited by the court reporter; 5 therefore, any reference to page and line numbers 6 will not be accurate.) 7 --oOo-- 08:21:25 8 (Whereupon the Officer complied with 09:11:51 9 09:11:51 10 08:22:01 11 08:57:50 12 08:57:50 13 Sherri Starr of Merrill Corporation. 08:57:50 14 is November 17, 2011. 08:57:50 15 the location is The Renaissance Seoul Hotel, Seoul, 08:57:50 16 Korea. 08:57:50 17 08:57:50 18 08:57:53 19 08:57:53 20 08:57:54 21 08:57:56 22 Quinn Emanuel representing Samsung and the witness. 08:57:56 23 With me is Austin Tarango of Quinn Emanuel and 08:57:56 24 Mr. Hankil Kang, of Samsung legal department. 08:57:56 25 Federal Rule 30B(5)(A) and made the required statement, which information is noted herein.) --oOo-THE REPORTER: Good morning. My name is Today's date The time is 8:57 a.m., and Counsel, please voice-identify yourselves and state whom you represent. MR. BASSETT: Dave Basset from Wilmer Hale on behalf of defendant Apple. MS. MAROULIS: THE REPORTER: Victoria Maroulis with Would all others present 1 HIGHLY CONFIDENTIAL - OUTSIDE COUNSEL EYES ONLY 08:57:56 1 please state your name for the record. Page 1 4454582_1.TXT 10:08:26 8 MR. BASSETT: Q. And you're also not the 10:08:27 9 10:08:38 10 A. That is correct. 10:08:39 11 Q. Were you the first to invent music 10:08:41 12 10:08:48 13 MS. MAROULIS: 10:08:56 14 THE WITNESS: 10:08:58 15 indeed that as of the time of my development I was 10:09:01 16 and am the first. 10:09:30 17 10:09:31 18 10:09:35 19 MS. MAROULIS: 10:09:47 20 THE WITNESS: 10:09:50 21 10:09:54 22 MR. BASSETT: 10:09:56 23 within the Java field? 10:09:59 24 10:10:00 25 inventor of cell phones with MP3 players; correct? background play objects? MR. BASSETT: Objection. Vague. Yes, it is my understanding Q. Applets were known to programmers prior to 2005; correct? Objection. Vague. Yes, within the Java field, the word "applet" had been in use. MS. MAROULIS: Q. Had it been in use only Objection. Vague. Calls for speculation. 25 HIGHLY CONFIDENTIAL - OUTSIDE COUNSEL EYES ONLY 10:10:09 1 THE WITNESS: No, that was not the case. 10:10:26 2 MR. BASSETT: Q. 10:10:27 3 understanding what an applet is? 10:10:31 4 MS. MAROULIS: 10:10:32 5 for a legal conclusion. 10:11:03 6 10:11:04 7 engineer's perspective and with respect to the time 10:11:07 8 of my development work on this, my understanding as 10:11:10 9 to an applet was in reference to such things as 10:11:13 10 THE WITNESS: What is your Objection. Vague. Calls Again, speaking from an would comprise an application, such as: Page 23 Smaller 4454582_1.TXT 10:11:17 11 functionalities, smaller classes of things, even a 10:11:22 12 smaller unit of an application or of applications. 10:11:26 13 That's what was meant by an applet. 10:11:29 14 10:11:30 15 the term "applet" as an engineer in 2005, was an 10:11:36 16 applet independent of the operating system? 10:11:40 17 MS. MAROULIS: 10:11:42 18 for a legal conclusion. 10:12:24 19 10:12:25 20 engineer, an applet can be viewed as being either OS 10:12:30 21 independent or OS dependent, and in the case of the 10:12:35 22 Java community, one could so understand things to 10:12:40 23 be, but elsewhere, I've otherwise seen the term 10:12:44 24 used, this term applet being used in even OS 10:12:49 25 dependent platforms. MR. BASSETT: THE WITNESS: Q. In your understanding of Objection. Vague. Calls Well, speaking as an 26 HIGHLY CONFIDENTIAL - OUTSIDE COUNSEL EYES ONLY 10:12:54 1 MR. BASSETT: Q. And was that true in 10:12:55 2 10:12:57 3 MAIN INTERPRETER: 10:12:59 4 MS. MAROULIS: 10:12:59 5 (Discussion between the main interpreter 10:13:02 6 and the check interpreter.) 10:13:19 7 MAIN INTERPRETER: 10:13:21 8 MS. MAROULIS: 10:13:22 9 10:13:23 10 10:13:25 11 10:13:56 12 10:13:57 13 2005? One second. Objection. Vague. Move on. I'm sorry. Laura, do you have something to say? CHECK INTERPRETER: Can the check interpreter have a moment? MS. MAROULIS: Would counsel repeat the question, please? Page 24 4454582_1.TXT 10:19:20 20 acoustics and otherwise. My good colleague in good 10:19:23 21 faith has not seemed to have heard the one operative 10:19:24 22 word -- the term. 10:19:27 23 10:19:29 24 10:19:31 25 CHECK INTERPRETER: May the check interpreter have time to render? MS. MAROULIS: Please render the 29 HIGHLY CONFIDENTIAL - OUTSIDE COUNSEL EYES ONLY 10:19:33 1 translation. 10:19:34 2 10:19:35 3 as an engineer, an applet can be viewed as either 10:19:40 4 operating system independent or operating system 10:19:43 5 dependent. 10:19:50 6 agreed to be the OS independent, however, I've also 10:19:55 7 seen applet being used in an OS dependent platform." 10:20:05 8 10:20:06 9 10:20:10 10 MR. BASSETT: 10:20:15 11 MS. MAROULIS: 10:20:16 12 10:20:27 13 10:20:28 14 the fact that "applet" can be used with respect to 10:20:33 15 an OS dependent instance? 10:20:36 16 10:20:38 17 A. Yes, it was so used. 10:20:44 18 Q. By whom? 10:20:47 19 10:20:48 20 10:21:14 21 10:21:15 22 CHECK INTERPRETER: Thank you. "Speaking In the case of the Java, it can be MS. MAROULIS: I think we can move on. Thank you for your patience, counsel. Q. Was that true in 2005? Objection. Calls for speculation. THE WITNESS: MR. BASSETT: MS. MAROULIS: speculation. You mean as to the word -- Q. Correct. Objection. Calls for Lacks foundation. THE WITNESS: Well, for instance, around this 2005 time frame, I had, as an engineer, been Page 27 4454582_1.TXT 10:21:22 23 participating in developing the Qualcomm platform, 10:21:25 24 and when it comes to the Qualcomm platform, they use 10:21:29 25 only the Qualcomm chipsets. But within it and going 30 HIGHLY CONFIDENTIAL - OUTSIDE COUNSEL EYES ONLY 10:21:32 1 about developing applications, they also for 10:21:34 2 instance use the word "applet." 10:21:37 3 10:21:39 4 For instance, around the 2005 time frame, as an 10:21:45 5 engineer, at that time Qualcomm platform was used 10:21:50 6 and it comes to Qualcomm platform, they used 10:21:54 7 Qualcomm chipsets and in that chipset, applications 10:22:00 8 were developed and the word "applet" were used in 10:22:06 9 that instance. 10:22:07 10 10:22:08 11 "applet" was used in that instance, it was your 10:22:12 12 understanding that it was referring to something 10:22:14 13 that was operating system dependent? 10:22:18 14 10:22:19 15 10:23:05 16 10:23:08 17 perspective, seeing as how the -- in the case of the 10:23:13 18 Qualcomm environment, the use of the term "applet" 10:23:17 19 in that case was something that applied with respect 10:23:20 20 to the Qualcomm platform only, so from that 10:23:22 21 perspective, the use of said word can be used also 10:23:26 22 in an OS dependent sense. 10:23:30 23 10:23:30 24 other instances in the 2005 time frame or earlier 10:23:35 25 where the word "applet" was used to mean something Page 28 CHECK INTERPRETER: MR. BASSETT: MS. MAROULIS: Q. Check interpreter: And when the word Objection. Calls for speculation. THE WITNESS: MR. BASSETT: Yes, from an engineer's Q. Are you aware of any 4454582_1.TXT 31 HIGHLY CONFIDENTIAL - OUTSIDE COUNSEL EYES ONLY 10:23:39 1 that was OS dependent? 10:24:07 2 A. Other than the Qualcomm case? 10:24:10 3 Q. Correct. 10:24:20 4 A. Well, in terms of what I've seen, I've 10:24:21 5 seen it used in the Qualcomm instance and otherwise 10:24:24 6 in the Java community but nothing beyond that, I 10:24:27 7 don't think. 10:24:28 8 Q. 10:24:33 9 10:24:35 10 10:24:36 11 10:25:01 12 10:25:03 13 engineer's perspective I do believe that to be the 10:25:05 14 sense in which Java employed it. 10:25:12 15 MR. BASSETT: 10:25:13 16 me that you were not the first to suggest using 10:25:16 17 applets for playing digital music files; correct? 10:25:19 18 10:25:21 19 10:25:41 20 THE WITNESS: Correct. 10:25:44 21 MR. BASSETT: Q. 10:25:47 22 investigate any features that may be on Yamaha 10:25:56 23 mobile phones? 10:26:00 24 MS. MAROULIS: 10:26:10 25 THE WITNESS: And in the Java community, "applet" means something that is OS independent; correct? MS. MAROULIS: Objection. Vague. Calls for expert testimony. THE WITNESS: MS. MAROULIS: Yes, speaking from an Q. Sir, you will agree with Objection. Vague. Calls for speculation. Prior to 2005, did you Objection. Vague. By that, do you mean 32 Page 29 14:37:11 3 4454582_1.TXT for this witness at this time. As I said earlier, 14:37:14 4 I'm not going to close the deposition just because 14:37:16 5 of the late production from our perspective of those 14:37:19 6 Korean language documents. 14:37:21 7 14:37:22 8 counsel. 14:37:24 9 lunch break and all the documents that you marked 14:37:27 10 were produced on November 11, which is more than 14:37:31 11 five days before the deposition, with the exception 14:37:33 12 of the patent which was produced much earlier in I 14:37:35 13 think the first invention disclosures which was also 14:37:39 14 produced earlier, so no documents marked today were 14:37:42 15 produced after November 11. 14:37:44 16 14:37:45 17 record, I double checked myself with the email that 14:37:48 18 came from your law firm that included these 14:37:52 19 documents and we received it two days ago. 14:37:56 20 that's... 14:38:02 21 14:38:32 22 have any questions for the witness. 14:38:35 23 right to review the transcript and sign and would 14:38:37 24 like to put this transcript under the highest level 14:38:39 25 of confidentiality, "Outside Counsel Eyes Only" MS. MAROULIS: I understand your position, We confirmed with California during the MR. BASSETT: MS. MAROULIS: Just for the purposes of the Okay. So Beyond that, I don't We reserve the 97 HIGHLY CONFIDENTIAL - OUTSIDE COUNSEL EYES ONLY 14:38:45 1 under the protective order. 14:39:05 2 THE VIDEOGRAPHER: 14:39:07 3 This marks the end of Videotape 3 in the 14:39:11 4 deposition of Moon-Sang Jeong. 14:39:13 5 record. One second, please. The time is 2:39. Page 88 Going off the

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