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)

EXHIBIT 3

4454582_1.TXT

HIGHLY CONFIDENTIAL - OUTSIDE COUNSEL EYES ONLY
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(The following ROUGH TRANSCRIPT of the

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deposition of MOON-SANG JEONG, taken on Thursday,

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November 17, 2011, is not a certified transcript and

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has not been edited by the court reporter;

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therefore, any reference to page and line numbers

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will not be accurate.)

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--oOo--

08:21:25

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(Whereupon the Officer complied with

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09:11:51

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08:57:50

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08:57:50

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Sherri Starr of Merrill Corporation.

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is November 17, 2011.

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the location is The Renaissance Seoul Hotel, Seoul,

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Korea.

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08:57:56

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Quinn Emanuel representing Samsung and the witness.

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With me is Austin Tarango of Quinn Emanuel and

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Mr. Hankil Kang, of Samsung legal department.

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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
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HIGHLY CONFIDENTIAL - OUTSIDE COUNSEL EYES ONLY
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please state your name for the record.
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MR. BASSETT:

Q.

And you're also not the

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A.

That is correct.

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Q.

Were you the first to invent music

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MS. MAROULIS:

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THE WITNESS:

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indeed that as of the time of my development I was

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and am the first.

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MS. MAROULIS:

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THE WITNESS:

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MR. BASSETT:

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within the Java field?

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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.
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HIGHLY CONFIDENTIAL - OUTSIDE COUNSEL EYES ONLY
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THE WITNESS:

No, that was not the case.

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MR. BASSETT:

Q.

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understanding what an applet is?

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MS. MAROULIS:

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for a legal conclusion.

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engineer's perspective and with respect to the time

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of my development work on this, my understanding as

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to an applet was in reference to such things as

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THE WITNESS:

What is your

Objection.

Vague.

Calls

Again, speaking from an

would comprise an application, such as:
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Smaller

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functionalities, smaller classes of things, even a

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smaller unit of an application or of applications.

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That's what was meant by an applet.

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the term "applet" as an engineer in 2005, was an

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applet independent of the operating system?

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MS. MAROULIS:

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for a legal conclusion.

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engineer, an applet can be viewed as being either OS

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independent or OS dependent, and in the case of the

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Java community, one could so understand things to

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be, but elsewhere, I've otherwise seen the term

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used, this term applet being used in even OS

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dependent platforms.

MR. BASSETT:

THE WITNESS:

Q.

In your understanding of

Objection.

Vague.

Calls

Well, speaking as an

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MR. BASSETT:

Q.

And was that true in

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MAIN INTERPRETER:

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MS. MAROULIS:

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(Discussion between the main interpreter

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and the check interpreter.)

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MAIN INTERPRETER:

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MS. MAROULIS:

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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?
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acoustics and otherwise.

My good colleague in good

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faith has not seemed to have heard the one operative

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word -- the term.

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CHECK INTERPRETER:

May the check

interpreter have time to render?
MS. MAROULIS:

Please render the
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HIGHLY CONFIDENTIAL - OUTSIDE COUNSEL EYES ONLY
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translation.

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as an engineer, an applet can be viewed as either

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operating system independent or operating system

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dependent.

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agreed to be the OS independent, however, I've also

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seen applet being used in an OS dependent platform."

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MR. BASSETT:

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MS. MAROULIS:

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the fact that "applet" can be used with respect to

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an OS dependent instance?

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A.

Yes, it was so used.

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Q.

By whom?

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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
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participating in developing the Qualcomm platform,

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and when it comes to the Qualcomm platform, they use

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only the Qualcomm chipsets.

But within it and going
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HIGHLY CONFIDENTIAL - OUTSIDE COUNSEL EYES ONLY
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about developing applications, they also for

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instance use the word "applet."

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For instance, around the 2005 time frame, as an

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engineer, at that time Qualcomm platform was used

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and it comes to Qualcomm platform, they used

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Qualcomm chipsets and in that chipset, applications

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were developed and the word "applet" were used in

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that instance.

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"applet" was used in that instance, it was your

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understanding that it was referring to something

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that was operating system dependent?

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perspective, seeing as how the -- in the case of the

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Qualcomm environment, the use of the term "applet"

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in that case was something that applied with respect

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to the Qualcomm platform only, so from that

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perspective, the use of said word can be used also

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in an OS dependent sense.

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other instances in the 2005 time frame or earlier

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where the word "applet" was used to mean something
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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
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HIGHLY CONFIDENTIAL - OUTSIDE COUNSEL EYES ONLY
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that was OS dependent?

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A.

Other than the Qualcomm case?

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Q.

Correct.

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A.

Well, in terms of what I've seen, I've

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seen it used in the Qualcomm instance and otherwise

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in the Java community but nothing beyond that, I

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don't think.

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Q.

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engineer's perspective I do believe that to be the

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sense in which Java employed it.

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MR. BASSETT:

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me that you were not the first to suggest using

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applets for playing digital music files; correct?

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THE WITNESS:

Correct.

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MR. BASSETT:

Q.

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investigate any features that may be on Yamaha

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mobile phones?

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MS. MAROULIS:

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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
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4454582_1.TXT
for this witness at this time. As I said earlier,

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I'm not going to close the deposition just because

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of the late production from our perspective of those

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Korean language documents.

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counsel.

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lunch break and all the documents that you marked

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were produced on November 11, which is more than

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five days before the deposition, with the exception

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of the patent which was produced much earlier in I

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think the first invention disclosures which was also

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produced earlier, so no documents marked today were

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produced after November 11.

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record, I double checked myself with the email that

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came from your law firm that included these

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documents and we received it two days ago.

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that's...

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have any questions for the witness.

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right to review the transcript and sign and would

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like to put this transcript under the highest level

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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

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under the protective order.

14:39:05

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THE VIDEOGRAPHER:

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This marks the end of Videotape 3 in the

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deposition of Moon-Sang Jeong.

14:39:13

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record.

One second, please.

The time is 2:39.
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Going off the