Apple Inc. v. Samsung Electronics Co. Ltd. et al
Filing
595
CLAIM CONSTRUCTION STATEMENT Samsung's Reply Claim Construction Brief filed by Samsung Electronics America, Inc.. (Attachments: #1 Declaration Briggs Declaration in Support of Samsung's Reply Claim Construction Brief, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J)(Maroulis, Victoria) (Filed on 1/9/2012)
EXHIBIT J
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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APPLE INC., a California
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corporation,
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Plaintiff,
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vs.
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)No. 11-CV-01846LHK
SAMSUNG ELECTRONICS CO., LTD.,
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a Korean entity; SAMSUNG
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ELECTRONICS AMERICA, INC., a
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New York corporation; SAMSUNG
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TELECOMMUNICATIONS AMERICA, LLC, )
a Delaware limited liability
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Company,
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Defendants. )
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VIDEOTAPED DEPOSITION OF TONY GIVARGIS, PH.D.
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Los Angeles, California
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Tuesday, December 6, 2011
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Reported by:
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SUSAN A. SULLIVAN, CSR #3522, RPR, CRR
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JOB NO. 44330
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MR. SHAH:
and representing Apple.
THE VIDEOGRAPHER:
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Ali Shah, WilmerHale, for the witness
Thank you.
And will the reporter now swear or affirm
the witness.
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TONY GIVARGIS, PH.D.,
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called as a witness, having been duly sworn by
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the court reporter, was examined and testified
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as follows:
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EXAMINATION
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BY MS. MAROULIS:
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Q
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today?
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A
Good, thank you.
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Q
My name is Victoria Maroulis and I will be
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Good morning, Mr. Givargis.
How are you
asking you some questions today.
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Have you ever been deposed before?
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A
No.
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Q
In that case let me briefly run you through
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the rules of the deposition.
First of all, do you understand that you
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are testifying today like you would be in a court of
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law under oath even though we're sitting in a
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MR. SHAH:
Objection.
The document speaks for
itself.
THE WITNESS:
In my document I use Java as a
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very good example of an operating-system independent
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environment in programming language paradigm, you
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will say.
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operating-system independent kind of applet for
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language.
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Q
But it certainly is not the only
BY MS. MAROULIS:
The definition of
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operating-system independent you just used today is
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broader than what you used in your declaration,
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correct?
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MR. SHAH:
Objection; mischaracterizes his
testimony.
THE WITNESS:
Can you refer me to the definition
I have used in the declaration?
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BY MS. MAROULIS:
I understand your
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declaration to equate Java and operating-system
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independence; is that right?
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A
It is the case that Java is an operating-
system independent programming language.
Q
Nowhere in your declaration have you
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actually stated the definition of the operating-
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system independence that you used a few minutes ago
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when I asked you a question; is that right?
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MR. SHAH:
Objection; the document speaks for
itself.
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THE WITNESS:
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Q
That is correct, yes.
BY MS. MAROULIS:
Now Mr. Cole considers
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the applets you and I have been discussing systems,
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operating-systems dependent, correct?
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A
Mr. Cole lists these applets and in some
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cases draws that conclusion.
For example, in the
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case of AppleScript it says that AppleScript is a
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system scripting language used for the Macintosh OS
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operating system.
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Q
Do you disagree with him with respect to
that?
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I do not disagree with him but I'm not
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certain if what Mr. Cole, for instance, says in 52
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eliminates the possibility of AppleScript being
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operating-system independent.
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Q
Would you be able to run an AppleScript
applets on a Windows computer?
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If I could obtain the specification for
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AppleScript programming language, the scripting
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language, and if I were to build an interpreter that
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ran natively on Windows, then I could take an
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AppleScript applet and, without modification, run it
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or interpret it on the Windows environment.
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Q
But that would require constructing a whole
new operating system, essentially, correct?
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That would require constructing an
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application that would be the host, that would be
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the interpreter of the AppleScript applet.
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Q
Without being able to construct a host or
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an interpreter you cannot run an AppleScript applet
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on a Windows system, correct?
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A
In the absence of an interpreter it would
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be impossible to run an AppleScript.
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not be, that I can think of, possible to run an
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AppleScript applet, that is correct, yes.
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Q
Well, it would
Could you run a AppleScript applet on a
Linux machine?
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Again, if I could design and implement this
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host application that had the ability to interpret
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the scripting language, AppleScript, then I would be
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able to take any AppleScript applet without
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modification and run that in the context of that
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interpreter on a Linux box.
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Q
But, again, if you could not build the host
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application and cause it to interpret the scripting
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language you could not run an AppleScript applet on
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a Linux, right?
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A
That is correct.
A Linux box requires, has
TSG Reporting 877-702-9580
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