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 G

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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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appreciate it.
MS. MAROULIS:

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I anticipated your need.

We're going to mark this as Exhibit 8 for
identification.

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(Givargis Exhibit 8, a document, marked for

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identification, as of this date.)

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THE WITNESS:

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Q

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Thank you.

BY MS. MAROULIS:

Is Exhibit 8 the excerpt

of the "Developer's Resource" guide that you were
citing to in your declaration?
A

Yes.

It appears to be pages of the

chapter, yes.
Q

And I believe the explanation you are

referring to is on Pages 11 and 12.

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A

Yes.

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Q

Is there anything in this excerpt that says

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that applets must be system, operating-system

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independent?

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MR. SHAH:

Objection.

The document speaks for

itself.
THE WITNESS:

I believe that this document very

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strongly suggests that Java applets are platform

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independent.

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Q

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BY MS. MAROULIS:

Where in particular do

you see that?

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A

Well, the text has an entire paragraph that

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talks about distributing executable programs and how

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that is, these programs, binary programs, are

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closely tied to a specific hardware and operating

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system.

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examples.

And then it goes on -- and then gives some

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And then it goes on to say how Java solves

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the problem of platform independence by using byte

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code.

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Byte codes, and it describes the rest of it.

Q

So this particular reference is limited to

Java environment, right?

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A

That is correct, yes.

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Q

And so in your -- by definition it will not

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talk about operating-system dependent applets.
MR. SHAH:

Objection; mischaracterizes his

testimony.
THE WITNESS:

Applets as commonly understood are

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usually Java applets or Java-like applets,

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interpreted programs, and this document gives an

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example of how a Java achieves that mechanical

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independence of the OS.

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Q

BY MS. MAROULIS:

I'm sorry, my question

wasn't clear.
Since this particular document is limited
to Java, you personally would not expect to see

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discussion of operating-system dependent applets in

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it, correct?

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A

That is correct, because the operating-

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system independent nature of Java is a very

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fundamental and core aspect of the Java, and Java-

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like interpreted nature of interpreted languages.

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Q

In arriving at your opinion did you examine

the accused devices in this case?

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A

I did not.

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Q

Do you know which devices Samsung is

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accusing of infringement?
A
the iPad.
Q

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Do you know which ones, whether it is

iPhone or iPad or both?
A

I believe it is both but I'm not certain a

hundred percent, yes.
Q

Do you know which particular versions of

iPhone are being accused?
MR. SHAH:

I caution the witness not to

speculate.

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I believe it involves the iPhone, possibly

If you know, you can answer.
THE WITNESS:

Yes, I do not know the exact

answer.
Q

BY MS. MAROULIS:

Do you know which

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particular versions of iPad, if any, are accused?

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MR. SHAH:

Same objection.

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THE WITNESS:

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Q

I do not know the exact version.

BY MS. MAROULIS:

Do you know how any of

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the accused devices operate in terms of which

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programming environment they use?

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MR. SHAH:

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THE WITNESS:

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I am familiar with the programming

language used by Apple Corporation in its various
products, yes.

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Same caution.

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BY MS. MAROULIS:

What language does Apple

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The bulk of the language that Apple uses is

use?

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Objective-C but there is also the C, pure C code in

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a lot of Apple products.

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Q

Have you looked at any Samsung devices

embodying the '711 patent?

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MR. SHAH:

Objection to the extent it calls for

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a legal conclusion.

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THE WITNESS:

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Q

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strike that.

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I have not.

BY MS. MAROULIS:

Do you know whether --

Do you know which programming language is
used by the Samsung devices embodying this patent?
A

I do not.

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Q

Going back to your declaration, Exhibit 1,

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we're now in Paragraph 48 and you are citing "Java:

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An Introduction to Computer Science & Programming,"

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correct?

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A

That is correct, yes.

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Q

Now this document as well is devoted

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exclusively to Java programming environment, right?

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A

That is correct, yes.

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Q

And it does not discuss any other applets

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other than Java applets?

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A

That is correct, yes.

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Q

On Page -- strike that.

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In Paragraph 49 of your declaration you

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cite "IBM e-server pSeries."

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reference?

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A

The reference by Hoskins?

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Q

Yes.

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What is that

What is the nature of this reference?

Is it a textbook, dictionary?

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A

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my memory?

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Q

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May I take a look at the exhibit to refresh

I don't believe we were provided with that

so I'm going to rely on your memory of this.
MR. SHAH:

I just caution the witness not to

speculate.
You can answer the question to the extent

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that you recall.

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THE WITNESS:

Yes, I do recall that this was an

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article that described the pSeries server by IBM,

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and, in general, so it was not specifically Java,

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but it had a segment that it discussed Java and

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supporting Java on this particular server from IBM.

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Q

BY MS. MAROULIS:

How does this particular

reference support your opinion?

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A

Yes.

It reiterates the fact that Java is

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an object-oriented programming environment that

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operates independent of any operating system or

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microprocessor.

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Q

Does this reference discuss applets more

generally than in the general context?

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A

This reference discusses Java applets.

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Q

Does it discuss any other applets, if you

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recall?

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MR. SHAH:

but you can answer to the extent that you remember.

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I will caution you not to speculate

THE WITNESS:

To the extent that I remember,

this particular paragraph was about Java applets.

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Q

BY MS. MAROULIS:

Other than this

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paragraph, do you recall whether the entire

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reference discusses other applets other than Java

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ones?

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