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 B

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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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thing?

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A

Not the entire thing, no.

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Q

How did you decide what portions of that

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file history to review?

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A

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attorneys.

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Q

The file history was provided to me by the
The file history that you see before you is

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double-sided, so do you remember giving me documents

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that is this thick or thicker or was it a smaller

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document?

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A

I recall a smaller document.

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MS. MAROULIS:

Counsel, I would appreciate

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seeing the version of the file history that was

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provided to the witness.

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MR. SHAH:

I can represent that we provided the

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certified file history.

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MS. MAROULIS:

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MR. SHAH:

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MS. MAROULIS.

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Q

The entire file history?

We did.
Via PDF file, not via paper.

BY MS. MAROULIS:

This is not a memory

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test, but do you recall any references to Java in

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the context of applets in the file history?

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A

There was absolutely no reference to Java

in the file history that I reviewed.
Q

Was there any reference to applet being
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operating-systems independent?
A

I do not recall any reference to operating-

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system-independent applets in the file history that

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I reviewed.

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Q

Turning back to Exhibit 2 which is the

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patent-in-suit, is it correct, sir, that there's

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only one place where applets are mentioned in the

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patent?

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A

There is only one place in the

specification that refers to patents.

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Q

Thank you.

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A

And to applet.

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Q

Thank you for correcting me.

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specification.

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I did mean

And is it correct, sir, that that place in
the specification is Column 3, Lines 8 through 14?

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A

Yes, that is correct.

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Q

This passage does not mention Java as well,

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correct?

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A

That is correct.

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Q

And it does not mention operating-systems

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independent.

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A

That is correct, yes.

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Q

Why do you cite this passage to support

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your definition in your declaration?
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A

Yes.

The important element of this passage

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is the part that says at least one applet within an

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application model -- module or in each of the

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application modules, and that relationship of an

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applet within an application module or in the

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context of an application module is relevant to my

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understanding and definition of applets being

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interpreted by a host application module.

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Q

Where do you see the word "within," sir?

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A

There is no "within" in this, in this

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particular text.

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Q

Okay.

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A

There's an association, yes.

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Q

Can you explain how you read this last

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sentence to support your definition.
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"Application modules of the portable

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terminal include at least one applet and each of the

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application modules, that is each menu of the

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portable terminal, independently performs multi-

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tasking."

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So as I interpret it, the applets run

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within or execute within an application module or

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execute in the context of an application module.

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Q

Do you draw a distinction between

"application module" and "program"?
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A

Typically in computer science the two terms

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are often interchangeable, but an application module

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does represent an entity that has certain features

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that one can -- one can point at or determine.

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Q

So you agree me that in the definition at

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issue we can use "program" instead of "application

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module"?

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MR. SHAH:

Objection; mischaracterizes the

testimony.
THE WITNESS:

I agree that commonly one would,

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in conversational sort of environments one would

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sort of interchange "program" with "application" but

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an application is a well-defined entity.

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Q

BY MS. MAROULIS:

What do you mean when you

say application is a well-defined entity?
A

A computer program is just some

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instructions on how to compute the function.

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application certainly has a program or performs many

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functions but in addition has certain properties.

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It has a starting point, it has some resource

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utilization requirements, it is typically packaged

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in some form so it can be distributed or stored on a

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hard disc, et cetera.

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Q

An

What in particular about this sentence

supports the notion in your declaration of
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operating-system independent?
A

This passage does not make reference to

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operating-system independent.

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association between an applet and an application

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module, together with the claim language and the

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prosecution, the file history, does suggest to me

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that the applet requires the application module as

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a, sort of as a context, and that relationship is

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what one would expect from Java applets or Java-like

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However, the

applets, that interpreted.
Q

Setting aside the claim language and

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prosecution history, is it correct that there's

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nothing in this particular passage that indicates

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operating-system independence?

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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?

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A

Yes.

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Q

The relevant limitation is "Generating a

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music background play object, wherein the music

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background play object includes an application

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module including at least one applet."

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Is there any mention of operating-system
independence here?
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No.

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Q

Is there anything in this claim that you

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see that supports your notion of operating-system

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independence?

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A

What I see in this sentence, passage, is,

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again, the association between an applet running or

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an applet that is within an application module and

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that association to me suggests a Java-like

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interpreted environment.

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Q

Did you review the testimony of the

inventor of this patent?

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A

Yes.

I reviewed a subset of it.

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Q

Did you see that the inventor who was

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developing this technology was working with system-

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dependent applets?

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A

That is correct, yes.

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Q

Which system-dependent applets was he

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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

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answer without the document, but it was a Qualcomm

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chipset.

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Q

BY MS. MAROULIS:

Do you disagree that the

technology he was working on is described by Claim
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1?

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MR. SHAH:

Object to the extent it calls for a

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legal conclusion.

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THE WITNESS:

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I have not formed that position

yet.
Q

BY MS. MAROULIS:

Do you understand that he

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was asked during deposition about the embodiments of

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the patent?

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MR. SHAH:

Same objection.

THE WITNESS:

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Q

I'm not sure exactly what he

was asked.

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Yes.

BY MS. MAROULIS:

If the technology that he

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was working on embodies this claim would you agree

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with me that the claim includes applets that are

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also system dependent?

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MR. SHAH:

Same objection.

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THE WITNESS:

Based on -- I recognize that the

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inventor was working with a system that was

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OS-dependent, specifically the Qualcom chipset.

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However, that use of the term "applet" within that

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context was unusual or it was not consistent with

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the common understanding of the term "applet" at the

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time and the '711 patent does not make that

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distinction clear.

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Q

BY MS. MAROULIS:

If the '711 patent does

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