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 H 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 52 1 system independent, correct? 2 A That is correct, yes. 3 Q What about this passage do you believe 4 5 supports your opinion? A This passage also refers to, includes an 6 application module including at least one applet so 7 there is this applet being included within an 8 application module property that is consistent with 9 the Java-like execution environment of applets which 10 11 I rely on for my definition of "applets." Q Can this notion of inclusion of the applet 12 within the application that you refer to exist 13 outside Java? 14 MR. SHAH: Objection; form. 15 THE WITNESS: Yes. This notion of inclusion is 16 actually a very, very common design, sort of a 17 paradigm where one application serves as a host 18 interpreting another application or a set of 19 application on, if you will, on top. 20 the Java model of execution where the Java codes or 21 Java applications are interpreted by the host 22 application. 23 consistent with all interpreted language like Ruby 24 or PHP or even AppleScript and JavaScript. 25 Q For example, a browser. BY MS. MAROULIS: And this is It is also In the context of the TSG Reporting 877-702-9580 HIGHLY CONFIDENTIAL ATTORNEYS' EYES ONLY Page 53 1 host application can an applet be still system 2 dependent or are you saying it is always system 3 independent? 4 A 5 Typically. The purpose of this inclusion or this 6 framework that I just described is to make the 7 applet OS-independent. 8 example or an exceptional case or a scenario where 9 one would build an applet that bypasses that notion I'm certain there is an 10 so -- it is not universally the case but commonly 11 the case. 12 Q Can you give me an example of such a 13 situation where you would have a host application 14 and still have a system-dependent applet? 15 A Well, one example could be an applet that 16 exploits certain weakness or error or shortcoming of 17 the host application to gain access to the 18 underneath operating system, so in that sense that 19 applet is certainly OS-dependent. 20 In another example, it could be that that 21 applet is designed to take advantage of certain 22 resources of Operating System A and those resources 23 may not be available on Operating System B and in 24 that case too that applet would be dependent on 25 Operating System A and not portable to Operating TSG Reporting 877-702-9580 HIGHLY CONFIDENTIAL ATTORNEYS' EYES ONLY Page 54 1 System B. 2 Q Any other examples? 3 A I can't think of any now. 4 Q Can a Java applet be programmed to be 5 6 operating-system dependent? A I believe Java applets by design inherently 7 are operating-system independent. 8 would be the two I mentioned previously, a security 9 breach of some sort or a lack of resources of some 10 11 The exceptions sort on one platform versus another. Q But can someone choose to program an 12 operating dependent, operating-system dependent 13 applet in the Java context? 14 MR. SHAH: Object to form. 15 THE WITNESS: Not specifically using the Java 16 programming language and the associated, the 17 understood to be Java tools for designing and 18 developing applications. 19 20 21 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 22 the programming language itself, setting aside the 23 environment where the code will execute and the 24 tools that would possibly compile the code, only 25 records or specifies the sequence of instructions TSG Reporting 877-702-9580 HIGHLY CONFIDENTIAL ATTORNEYS' EYES ONLY Page 93 1 AppletViewer which -- which, in essence, allows you 2 to run an applet on -- on it without the need of a 3 browser. 4 Q 5 than Java? 6 A Are there applet viewers in platforms other Yes. Any programming language, language 7 that is interpreted will have a player, so to say, 8 for the interpreter, in essence, would be this host 9 application similar to a browser being a host 10 application for applets that happen to be downloaded 11 off the internet. 12 interpreted language has an interpreter that -- that 13 is necessary to allow the application written in 14 that language to be executed. But every, each and every 15 Q What is the function of the AppletViewer? 16 A The AppletViewer allows you to execute an 17 18 applet written in -- in Java. Q Okay. Going past Paragraph 29 in this same 19 section, are there other statements or paragraphs in 20 which you disagree with Mr. Cole? 21 MR. SHAH: Take your time and review every part 22 of that document. 23 THE WITNESS: Yes. I believe the argument that 24 silence on the definition of an applet or the lack 25 of reference to operating-system independent is not TSG Reporting 877-702-9580 HIGHLY CONFIDENTIAL ATTORNEYS' EYES ONLY Page 94 1 to me convincing of the fact that an applet 2 necessarily is defined to be operating-system 3 dependent and contrary to that applets are commonly 4 usually assumed to be operating-system independent. 5 Q BY MS. MAROULIS: Is this based on the same 6 rationale that you testified about earlier this 7 morning in support of your own opinion or there is 8 more to it? 9 10 MR. SHAH: Objection to form. THE WITNESS: Generally, yes. I'm not sure what 11 part of my testimony you are specifically referring 12 to but, yes, the message is consistent that the 13 common understanding of an applet is one that is 14 interpreted. 15 Q 16 17 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 18 Kokubo patent and I also agree with the fact that 19 the Kokubo patent does not define or refer to 20 applets, operating-system independence. 21 Q Do you believe that the examiner suggested 22 to the applicant to add the term "applets" to 23 overcome the Kokubo reference? 24 25 MR. SHAH: Objection; the document speaks for itself. TSG Reporting 877-702-9580 HIGHLY CONFIDENTIAL ATTORNEYS' EYES ONLY Page 95 1 THE WITNESS: 2 Q That is my understanding, yes. BY MS. MAROULIS: In reviewing the 3 extrinsic evidence sources that Mr. Cole cites did 4 you seen any sources that you have previously 5 encountered in your day-to-day job as a programming 6 professor, an expert? 7 MR. SHAH: 8 THE WITNESS: 9 Object to form. The one that I would be most familiar with is Python applets. Python is -- has 10 become a popular language and it is used heavily in 11 universities for teaching. 12 13 14 Q BY MS. MAROULIS: Do you agree with Mr. Cole's description of Python applets? A I recognize that Python applets are used in 15 the context of Linux or Ubuntu, a particular 16 distribution of Linux. 17 written in the language Python which is an 18 interpreted language and Python is available for 19 Windows, Python is available for various flavors of 20 Linux, there is even a Python interpreter that would 21 run on a MAC OS, so I believe the conclusion that 22 these applets, these Python applets are specific on 23 Linux or Ubuntu is false. 24 25 Q However, Python applets are So you don't believe that Python apps -- pardon me, Python applets are systems dependent in TSG Reporting 877-702-9580

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