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 E
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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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A
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.
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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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not make a distinction clear between system
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dependent and system independent, do you agree then
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that includes both?
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MR. SHAH:
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THE WITNESS:
Objection to form.
It could include, it could be
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both, but the common understanding again would be
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that it is consistent with applets as being
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OS-independent, as being the more likely case.
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BY MS. MAROULIS:
It is more likely but it
is not exclusively so, correct?
MR. SHAH:
Objection; mischaracterizes his
testimony.
THE WITNESS:
If I were to read this or if
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somebody who would be familiar with the area were to
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read this in 2005 it would be assumed or it would be
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understood for an applet to be an OS-independent
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applet.
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BY MS. MAROULIS:
Would a person reading
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this in 2005 be aware of applets in other language
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environments?
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A
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MS. MAROULIS:
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Yes.
Okay.
We can take a five-minute
break.
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THE WITNESS:
Thank you.
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THE VIDEOGRAPHER:
The time is 9:54 a.m. and we
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are off the record.
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(Recess)
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THE VIDEOGRAPHER:
The time is 9:59 a.m. and we
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are back on the record.
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BY MS. MAROULIS:
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Q
Mr. Givargis, before the break we were
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discussing the '711 patent.
Other than the
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"specification," quote, we discussed and the coding
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language, there's no other portion of the '711
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patent that you are relying on in your declaration,
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correct?
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A
I believe so, yes.
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MS. MAROULIS:
I would like to now switch to the
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prosecution history which is Exhibit 5 and, for the
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record, the document control numbers are
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SAMNDCA00007840 through 8459.
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Q
What is your understanding, sir, of what a
file history is?
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Yes.
It has three components, some of it
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are identifying information or titles of various
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documents and so on.
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which is sort of the examiner's rejections and a
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description of why those rejections are followed by
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a response to the office action which comes from the
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applicant in response to the rejections.
Then it has another component
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