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 B 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 35 1 thing? 2 A Not the entire thing, no. 3 Q How did you decide what portions of that 4 file history to review? 5 A 6 attorneys. 7 Q The file history was provided to me by the The file history that you see before you is 8 double-sided, so do you remember giving me documents 9 that is this thick or thicker or was it a smaller 10 document? 11 A I recall a smaller document. 12 MS. MAROULIS: Counsel, I would appreciate 13 seeing the version of the file history that was 14 provided to the witness. 15 MR. SHAH: I can represent that we provided the 16 certified file history. 17 MS. MAROULIS: 18 MR. SHAH: 19 MS. MAROULIS. 20 Q The entire file history? We did. Via PDF file, not via paper. BY MS. MAROULIS: This is not a memory 21 test, but do you recall any references to Java in 22 the context of applets in the file history? 23 24 25 A There was absolutely no reference to Java in the file history that I reviewed. Q Was there any reference to applet being TSG Reporting 877-702-9580 HIGHLY CONFIDENTIAL ATTORNEYS' EYES ONLY Page 36 1 2 operating-systems independent? A I do not recall any reference to operating- 3 system-independent applets in the file history that 4 I reviewed. 5 Q Turning back to Exhibit 2 which is the 6 patent-in-suit, is it correct, sir, that there's 7 only one place where applets are mentioned in the 8 patent? 9 10 A There is only one place in the specification that refers to patents. 11 Q Thank you. 12 A And to applet. 13 Q Thank you for correcting me. 14 specification. 15 16 I did mean And is it correct, sir, that that place in the specification is Column 3, Lines 8 through 14? 17 A Yes, that is correct. 18 Q This passage does not mention Java as well, 19 correct? 20 A That is correct. 21 Q And it does not mention operating-systems 22 independent. 23 A That is correct, yes. 24 Q Why do you cite this passage to support 25 your definition in your declaration? TSG Reporting 877-702-9580 HIGHLY CONFIDENTIAL ATTORNEYS' EYES ONLY Page 37 1 A Yes. The important element of this passage 2 is the part that says at least one applet within an 3 application model -- module or in each of the 4 application modules, and that relationship of an 5 applet within an application module or in the 6 context of an application module is relevant to my 7 understanding and definition of applets being 8 interpreted by a host application module. 9 Q Where do you see the word "within," sir? 10 A There is no "within" in this, in this 11 particular text. 12 Q Okay. 13 A There's an association, yes. 14 Q Can you explain how you read this last 15 16 sentence to support your definition. A "Application modules of the portable 17 terminal include at least one applet and each of the 18 application modules, that is each menu of the 19 portable terminal, independently performs multi- 20 tasking." 21 So as I interpret it, the applets run 22 within or execute within an application module or 23 execute in the context of an application module. 24 25 Q Do you draw a distinction between "application module" and "program"? TSG Reporting 877-702-9580 HIGHLY CONFIDENTIAL ATTORNEYS' EYES ONLY Page 38 1 A Typically in computer science the two terms 2 are often interchangeable, but an application module 3 does represent an entity that has certain features 4 that one can -- one can point at or determine. 5 Q So you agree me that in the definition at 6 issue we can use "program" instead of "application 7 module"? 8 9 10 MR. SHAH: Objection; mischaracterizes the testimony. THE WITNESS: I agree that commonly one would, 11 in conversational sort of environments one would 12 sort of interchange "program" with "application" but 13 an application is a well-defined entity. 14 15 16 Q BY MS. MAROULIS: What do you mean when you say application is a well-defined entity? A A computer program is just some 17 instructions on how to compute the function. 18 application certainly has a program or performs many 19 functions but in addition has certain properties. 20 It has a starting point, it has some resource 21 utilization requirements, it is typically packaged 22 in some form so it can be distributed or stored on a 23 hard disc, et cetera. 24 25 Q An What in particular about this sentence supports the notion in your declaration of TSG Reporting 877-702-9580 HIGHLY CONFIDENTIAL ATTORNEYS' EYES ONLY Page 39 1 2 operating-system independent? A This passage does not make reference to 3 operating-system independent. 4 association between an applet and an application 5 module, together with the claim language and the 6 prosecution, the file history, does suggest to me 7 that the applet requires the application module as 8 a, sort of as a context, and that relationship is 9 what one would expect from Java applets or Java-like 10 11 However, the applets, that interpreted. Q Setting aside the claim language and 12 prosecution history, is it correct that there's 13 nothing in this particular passage that indicates 14 operating-system independence? 15 16 17 18 A Nothing in the passage mentions anything about being operating-system independent, yes. Q Let's take a look at the claim language. For example, Claim 1 in Column 7, do you see that? 19 A Yes. 20 Q The relevant limitation is "Generating a 21 music background play object, wherein the music 22 background play object includes an application 23 module including at least one applet." 24 25 Is there any mention of operating-system independence here? TSG Reporting 877-702-9580 HIGHLY CONFIDENTIAL ATTORNEYS' EYES ONLY Page 40 1 A No. 2 Q Is there anything in this claim that you 3 see that supports your notion of operating-system 4 independence? 5 A What I see in this sentence, passage, is, 6 again, the association between an applet running or 7 an applet that is within an application module and 8 that association to me suggests a Java-like 9 interpreted environment. 10 11 Q Did you review the testimony of the inventor of this patent? 12 A Yes. I reviewed a subset of it. 13 Q Did you see that the inventor who was 14 developing this technology was working with system- 15 dependent applets? 16 A That is correct, yes. 17 Q Which system-dependent applets was he 18 19 20 21 working with, to your understanding? MR. SHAH: If you need to see any documents to refresh your recollection, you can ask. THE WITNESS: Yes. I think this one I can 22 answer without the document, but it was a Qualcomm 23 chipset. 24 25 Q BY MS. MAROULIS: Do you disagree that the technology he was working on is described by Claim TSG Reporting 877-702-9580 HIGHLY CONFIDENTIAL ATTORNEYS' EYES ONLY Page 41 1 1? 2 MR. SHAH: Object to the extent it calls for a 3 legal conclusion. 4 THE WITNESS: 5 6 I have not formed that position yet. Q BY MS. MAROULIS: Do you understand that he 7 was asked during deposition about the embodiments of 8 the patent? 9 10 MR. SHAH: Same objection. THE WITNESS: 11 Q I'm not sure exactly what he was asked. 12 Yes. BY MS. MAROULIS: If the technology that he 13 was working on embodies this claim would you agree 14 with me that the claim includes applets that are 15 also system dependent? 16 MR. SHAH: Same objection. 17 THE WITNESS: Based on -- I recognize that the 18 inventor was working with a system that was 19 OS-dependent, specifically the Qualcom chipset. 20 However, that use of the term "applet" within that 21 context was unusual or it was not consistent with 22 the common understanding of the term "applet" at the 23 time and the '711 patent does not make that 24 distinction clear. 25 Q BY MS. MAROULIS: If the '711 patent does TSG Reporting 877-702-9580

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