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)

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EXHIBIT J HIGHLY CONFIDENTIAL ATTORNEYS' EYES ONLY Page 1 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 SAN JOSE DIVISION 4 5 6 7 8 9 10 11 12 13 ---------------------------------x APPLE INC., a California ) corporation, ) ) Plaintiff, ) ) vs. ) )No. 11-CV-01846LHK SAMSUNG ELECTRONICS CO., LTD., ) a Korean entity; SAMSUNG ) ELECTRONICS AMERICA, INC., a ) New York corporation; SAMSUNG ) TELECOMMUNICATIONS AMERICA, LLC, ) a Delaware limited liability ) Company, ) ) Defendants. ) ---------------------------------x 14 15 16 17 VIDEOTAPED DEPOSITION OF TONY GIVARGIS, PH.D. 18 Los Angeles, California 19 Tuesday, December 6, 2011 20 21 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY 22 23 Reported by: 24 SUSAN A. SULLIVAN, CSR #3522, RPR, CRR 25 JOB NO. 44330 TSG Reporting 877-702-9580 HIGHLY CONFIDENTIAL ATTORNEYS' EYES ONLY Page 5 1 2 3 MR. SHAH: and representing Apple. THE VIDEOGRAPHER: 4 5 Ali Shah, WilmerHale, for the witness Thank you. And will the reporter now swear or affirm the witness. 6 7 TONY GIVARGIS, PH.D., 8 called as a witness, having been duly sworn by 9 the court reporter, was examined and testified 10 as follows: 11 12 EXAMINATION 13 BY MS. MAROULIS: 14 Q 15 today? 16 A Good, thank you. 17 Q My name is Victoria Maroulis and I will be 18 Good morning, Mr. Givargis. How are you asking you some questions today. 19 Have you ever been deposed before? 20 A No. 21 Q In that case let me briefly run you through 22 23 the rules of the deposition. First of all, do you understand that you 24 are testifying today like you would be in a court of 25 law under oath even though we're sitting in a TSG Reporting 877-702-9580 HIGHLY CONFIDENTIAL ATTORNEYS' EYES ONLY Page 85 1 2 3 MR. SHAH: Objection. The document speaks for itself. THE WITNESS: In my document I use Java as a 4 very good example of an operating-system independent 5 environment in programming language paradigm, you 6 will say. 7 operating-system independent kind of applet for 8 language. 9 Q But it certainly is not the only BY MS. MAROULIS: The definition of 10 operating-system independent you just used today is 11 broader than what you used in your declaration, 12 correct? 13 14 15 16 17 MR. SHAH: Objection; mischaracterizes his testimony. THE WITNESS: Can you refer me to the definition I have used in the declaration? Q BY MS. MAROULIS: I understand your 18 declaration to equate Java and operating-system 19 independence; is that right? 20 21 22 A It is the case that Java is an operating- system independent programming language. Q Nowhere in your declaration have you 23 actually stated the definition of the operating- 24 system independence that you used a few minutes ago 25 when I asked you a question; is that right? TSG Reporting 877-702-9580 HIGHLY CONFIDENTIAL ATTORNEYS' EYES ONLY Page 86 1 2 MR. SHAH: Objection; the document speaks for itself. 3 THE WITNESS: 4 Q That is correct, yes. BY MS. MAROULIS: Now Mr. Cole considers 5 the applets you and I have been discussing systems, 6 operating-systems dependent, correct? 7 A Mr. Cole lists these applets and in some 8 cases draws that conclusion. For example, in the 9 case of AppleScript it says that AppleScript is a 10 system scripting language used for the Macintosh OS 11 operating system. 12 13 14 Q Do you disagree with him with respect to that? A I do not disagree with him but I'm not 15 certain if what Mr. Cole, for instance, says in 52 16 eliminates the possibility of AppleScript being 17 operating-system independent. 18 19 20 Q Would you be able to run an AppleScript applets on a Windows computer? A If I could obtain the specification for 21 AppleScript programming language, the scripting 22 language, and if I were to build an interpreter that 23 ran natively on Windows, then I could take an 24 AppleScript applet and, without modification, run it 25 or interpret it on the Windows environment. TSG Reporting 877-702-9580 HIGHLY CONFIDENTIAL ATTORNEYS' EYES ONLY Page 87 1 2 3 Q But that would require constructing a whole new operating system, essentially, correct? A That would require constructing an 4 application that would be the host, that would be 5 the interpreter of the AppleScript applet. 6 Q Without being able to construct a host or 7 an interpreter you cannot run an AppleScript applet 8 on a Windows system, correct? 9 A In the absence of an interpreter it would 10 be impossible to run an AppleScript. 11 not be, that I can think of, possible to run an 12 AppleScript applet, that is correct, yes. 13 14 15 Q Well, it would Could you run a AppleScript applet on a Linux machine? A Again, if I could design and implement this 16 host application that had the ability to interpret 17 the scripting language, AppleScript, then I would be 18 able to take any AppleScript applet without 19 modification and run that in the context of that 20 interpreter on a Linux box. 21 Q But, again, if you could not build the host 22 application and cause it to interpret the scripting 23 language you could not run an AppleScript applet on 24 a Linux, right? 25 A That is correct. A Linux box requires, has TSG Reporting 877-702-9580

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