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 H

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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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system independent, correct?

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A

That is correct, yes.

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Q

What about this passage do you believe

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supports your opinion?
A

This passage also refers to, includes an

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application module including at least one applet so

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there is this applet being included within an

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application module property that is consistent with

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the Java-like execution environment of applets which

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I rely on for my definition of "applets."
Q

Can this notion of inclusion of the applet

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within the application that you refer to exist

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outside Java?

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MR. SHAH:

Objection; form.

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THE WITNESS:

Yes.

This notion of inclusion is

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actually a very, very common design, sort of a

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paradigm where one application serves as a host

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interpreting another application or a set of

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application on, if you will, on top.

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the Java model of execution where the Java codes or

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Java applications are interpreted by the host

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application.

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consistent with all interpreted language like Ruby

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or PHP or even AppleScript and JavaScript.

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Q

For example, a browser.

BY MS. MAROULIS:

And this is

It is also

In the context of the

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host application can an applet be still system

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dependent or are you saying it is always system

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independent?

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A

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Typically.
The purpose of this inclusion or this

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framework that I just described is to make the

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applet OS-independent.

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example or an exceptional case or a scenario where

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one would build an applet that bypasses that notion

I'm certain there is an

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so -- it is not universally the case but commonly

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the case.

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Q

Can you give me an example of such a

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situation where you would have a host application

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and still have a system-dependent applet?

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A

Well, one example could be an applet that

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exploits certain weakness or error or shortcoming of

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the host application to gain access to the

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underneath operating system, so in that sense that

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applet is certainly OS-dependent.

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In another example, it could be that that

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applet is designed to take advantage of certain

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resources of Operating System A and those resources

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may not be available on Operating System B and in

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that case too that applet would be dependent on

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Operating System A and not portable to Operating
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System B.

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Q

Any other examples?

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A

I can't think of any now.

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Q

Can a Java applet be programmed to be

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operating-system dependent?
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I believe Java applets by design inherently

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are operating-system independent.

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would be the two I mentioned previously, a security

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breach of some sort or a lack of resources of some

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The exceptions

sort on one platform versus another.
Q

But can someone choose to program an

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operating dependent, operating-system dependent

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applet in the Java context?

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MR. SHAH:

Object to form.

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THE WITNESS:

Not specifically using the Java

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programming language and the associated, the

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understood to be Java tools for designing and

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developing applications.

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Q

BY MS. MAROULIS:

When you say not strictly

using, what is the distinction that you are drawing?
A

Well, Java is a programming language and

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the programming language itself, setting aside the

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environment where the code will execute and the

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tools that would possibly compile the code, only

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records or specifies the sequence of instructions
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AppletViewer which -- which, in essence, allows you

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to run an applet on -- on it without the need of a

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browser.

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Q

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than Java?

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A

Are there applet viewers in platforms other
Yes.

Any programming language, language

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that is interpreted will have a player, so to say,

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for the interpreter, in essence, would be this host

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application similar to a browser being a host

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application for applets that happen to be downloaded

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off the internet.

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interpreted language has an interpreter that -- that

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is necessary to allow the application written in

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that language to be executed.

But every, each and every

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Q

What is the function of the AppletViewer?

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A

The AppletViewer allows you to execute an

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applet written in -- in Java.
Q

Okay.

Going past Paragraph 29 in this same

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section, are there other statements or paragraphs in

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which you disagree with Mr. Cole?

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MR. SHAH:

Take your time and review every part

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of that document.

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THE WITNESS:

Yes.

I believe the argument that

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silence on the definition of an applet or the lack

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of reference to operating-system independent is not
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to me convincing of the fact that an applet

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necessarily is defined to be operating-system

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dependent and contrary to that applets are commonly

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usually assumed to be operating-system independent.

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Q

BY MS. MAROULIS:

Is this based on the same

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rationale that you testified about earlier this

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morning in support of your own opinion or there is

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more to it?

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MR. SHAH:

Objection to form.

THE WITNESS:

Generally, yes.

I'm not sure what

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part of my testimony you are specifically referring

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to but, yes, the message is consistent that the

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common understanding of an applet is one that is

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interpreted.

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Q

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BY MS. MAROULIS:

Do you agree with Mr.

Cole's interpretation of the Kokubo reference?
A

Yes, I agree with the brief summary of the

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Kokubo patent and I also agree with the fact that

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the Kokubo patent does not define or refer to

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applets, operating-system independence.

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Q

Do you believe that the examiner suggested

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to the applicant to add the term "applets" to

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overcome the Kokubo reference?

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MR. SHAH:

Objection; the document speaks for

itself.
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THE WITNESS:

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Q

That is my understanding, yes.

BY MS. MAROULIS:

In reviewing the

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extrinsic evidence sources that Mr. Cole cites did

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you seen any sources that you have previously

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encountered in your day-to-day job as a programming

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professor, an expert?

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MR. SHAH:

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THE WITNESS:

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Object to form.
The one that I would be most

familiar with is Python applets.

Python is -- has

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become a popular language and it is used heavily in

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universities for teaching.

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Q

BY MS. MAROULIS:

Do you agree with Mr.

Cole's description of Python applets?
A

I recognize that Python applets are used in

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the context of Linux or Ubuntu, a particular

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distribution of Linux.

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written in the language Python which is an

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interpreted language and Python is available for

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Windows, Python is available for various flavors of

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Linux, there is even a Python interpreter that would

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run on a MAC OS, so I believe the conclusion that

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these applets, these Python applets are specific on

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Linux or Ubuntu is false.

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Q

However, Python applets are

So you don't believe that Python apps --

pardon me, Python applets are systems dependent in
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