Apple Inc. v. Samsung Electronics Co. Ltd. et al

Filing 619

Administrative Motion to File Under Seal (Renewed) filed by Apple Inc.. (Attachments: #1 Declaration Declaration of Cyndi Wheeler In Support of Apple's Renewed Administrative Motion to File Documents Under Seal, #2 Exhibit B to T. Briggs In Support of Samsung's Response to Apple's Opening Claim Construction, #3 Exhibit I to T. Briggs In Support of Samsung's Response to Apple's Opening Claim Construction, #4 Exhibit J to T. Briggs In Support of Samsung's Response to Apple's Opening Claim Construction, #5 Samsung's Response to Apple's Opening Claim Construction, #6 Proposed Order [Proposed] Order Granting Apple's Renewed Administrative Motion to File Documents Under Seal)(Hung, Richard) (Filed on 1/12/2012)

EXHIBIT B
FILED UNDER SEAL

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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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SAMSUNG ELECTRONICS CO., LTD.,

NO. 11 CV 01846 LHK

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a Korean business entity;

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SAMSUNG ELECTRONICS AMERICA,

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INC., a New York corporation;

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SAMSUNG TELECOMMUNICATIONS

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AMERICA, LLC, a Delaware

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limited liability company,

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Defendants.
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DEPOSITION OF STEVEN CHRISTENSEN

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Taken on behalf of the Defendants

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October 26, 2011

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Job Number: 42864
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DEPOSITION OF STEVEN CHRISTENSEN

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Taken on behalf of the Defendants

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October 26, 2011

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BE IT REMEMBERED THAT, pursuant to the

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California Rules of Civil Procedure, the deposition

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of STEVEN CHRISTENSEN was taken before MICHELE J.

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LUCAS, a Certified Shorthand Reporter, on October

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26, 2011, commencing at the hour of 9:13 a.m., the

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proceedings being reported at 1389 Center Drive

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Medford, Oregon.

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DEPOSITION OF STEVEN CHRISTENSEN

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Wednesday, October 26, 2011

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9:13 a.m.

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5

THE VIDEOGRAPHER:

This is the start of

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tape labeled No. 1 of the videotape deposition of

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Steve Christensen in the matter of Apple vs. Samsung

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in the court of U.S. District Court, Northern

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District of California, San Jose Division, case

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No. 11 CV 01846 LHK.
This deposition is being held at 1389

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Center Drive in Medford, Oregon on October 26, 2011

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at approximately 9:13 a.m.

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My name is Steve Brown from TSG Reporting,

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Incorporated.

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court reporter is Michele Lucas in association with

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TSG Reporting.

I am the legal video specialist.

The

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Will counsel please introduce yourselves.

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MR. BRIGGS:

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Todd Briggs from Quinn Emanuel

for Samsung.
THE VIDEOGRAPHER:

Would the reporter

please swear in the witness.
MR. KRAMER:

Karl Kramer from Morrison

Foerster on behalf of Apple, Inc. and the witness.

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STEVEN CHRISTENSEN,

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having been first duly sworn,

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was examined and testified as follows:

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EXAMINATION
BY MR. BRIGGS:

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Q.

Good morning.

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A.

Good morning.

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Q.

Can you state your name for the record.

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A.

Steven Christensen.

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Q.

Where do you live, Mr. Christensen?

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A.

Ashland, Oregon.

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Q.

Where is Ashland?

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A.

About ten miles south of here.

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Q.

Where do you work?

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A.

I work for a small startup company that I

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am a cofounder.

It is called Folium & Partners.

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Q.

Do you work for Apple Computer?

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A.

No.

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Q.

Are you a consultant for Apple Computer?

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A.

No.

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Q.

Now, you have worked for Apple in the past,

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correct?

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A.

Yes.

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Q.

And when was that?

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A.

1982 through 1996.
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The actual display of the battery level was

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managed by the module that displays the battery

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level.

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BY MR. BRIGGS:

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Q.

So in this example the battery module would

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obtain information from the operating system about

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the battery level, and then it could communicate that

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information to the Control Strip, correct?

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A.

No.

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Q.

No?

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How does that work?

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MR. KRAMER:

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Objection.

Vague and

ambiguous.
THE WITNESS:

Okay.

As I said before, the

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battery module is a self contained piece of code, and

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all it will do basically is ask the operating system

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what the current battery level is and to convert that

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into a display.

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What causes that module to be redrawn is

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the Control Strip calling the module and saying:

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Draw yourself.

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will make that inquiry of the operating system to see

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what the battery level is.

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(Exhibit 978 was marked for identification)

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BY MR. BRIGGS:

In the process of drawing itself it

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Q.

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Exhibit 978.

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I am handing you what has been marked as

Can you review that document and let me
know if you recognize it.

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A.

Okay.

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Q.

Do you recognize this document?

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A.

Yes.

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Q.

Did you write this

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A.

Yes.

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Q.

Did anybody else help you write it?

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A.

Not that I recall.

document?

R
E

.

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Do you see that?

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A.

Yes.

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Q.

And do you think that is an accurate date

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of when this document was written?

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A.

I expect so, yes.

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Q.

Now, is this a copy of a document you found

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in your files?

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A.

Yes.

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Q.

Where did you find this?

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A.

It was in a folder on my hard disk, my

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computer.

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BY MR. BRIGGS:
Q.

Okay.

The next clause states:

"And

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wherein each of the plurality of display areas is

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associated with one of the plurality of individual

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programming modules."

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What does that part mean to you?

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MR. KRAMER:

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Objection.

Calls for a legal

conclusion, lacks foundation.

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THE WITNESS:

Again, my nonlegal reading is

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that it is saying that each of the display areas that

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is shown in the Control Strip in that graphic, if you

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want, is generated by a particular module.

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BY MR. BRIGGS:

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15

Q.

programming module?

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So in this case what is an individual

MR. KRAMER:

Objection.

Calls for legal

conclusion, lacks foundation.

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THE WITNESS:

In the case of the Control

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Strip, it refers to one of these code modules that

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are described in the ERS, the details of, you know,

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what is required to implement and are loaded by the

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Control Strip when the operating system starts up.

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BY MR. BRIGGS:

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Q.

Okay.

Let's go to the next part of this

limitation.
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It states:

"The first window region and

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the plurality of independent display areas

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implemented in a window layer that appears on top of

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application programming windows that may be

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generated."

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8

A.

I am sorry.

Can you tell me what line that

is on.
Q.

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Yeah.

Let me start over.

It is on 28.

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A.

Okay.

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Q.

So it states:

It starts off, comma, "the."

"The first window region and

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the plurality of independent display areas

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implemented in a window layer that appears on top of

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application programming windows that may be

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generated."

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What does that mean to you?

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MR. KRAMER:

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Objection.

Calls for a legal

conclusion, lacks foundation.
THE WITNESS:

Okay.

In the case of the

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Control Strip it means to me that a layer is created

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that is above, or is in front of, to be accurate, the

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layers that contain the windows for application

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programs, and the Control Strip creates a window that

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lives in that layer so that it floats in front of the

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application windows, and that the window contains a
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number of display areas, and I think that is all.

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think that is enough of that, yes.

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BY MR. BRIGGS:

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Q.

I

Does that mean that any application windows

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that are generated appear underneath the first window

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region?

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MR. KRAMER:

Objection.

Lacks foundation,

calls for a legal conclusion, vague and ambiguous.

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THE WITNESS:

It means that the Control

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Strip window floats in front of the other windows,

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and so if an application creates a window it will

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appear behind the Control Strip window.

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BY MR. BRIGGS:

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15

Q.

And that's how the Control Strip worked on

the PowerBook computers, correct?

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MR. KRAMER:

Objection.

Vague and

ambiguous.

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THE WITNESS:

The window floated in front

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of the application window

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windows, yes, and it was on the PowerBooks

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originally, and also it migrated to desktop

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McIntoshes over time.

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BY MR. BRIGGS:

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25

Q.
claim.

the other application

Let's move to the next portion of this
It states:

"An indicia generation logic

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couple to the data display screen to execute at least

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one of the plurality of individual programming

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modules to generate information for display in one of

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the plurality of display areas in the first window

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region."

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So what is the indicia generation logic?

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MR. KRAMER:

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conclusion, lack of foundation.

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THE WITNESS:

Objection.

Calls for a legal

I wouldn't have written it

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that way.

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but for the Control Strip what I understand it to be

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is that a Control Strip is basically

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modules that are installed, and so it is calling them

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to execute their code to draw their content in the

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space that they have been provided.

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BY MR. BRIGGS:

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18

Q.

It sounds like it is overcomplex sounding,

has a list of

So you would say that the indicia

generation logic is part of the Control Strip?

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MR. KRAMER:

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conclusion, lack of foundation.

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THE WITNESS:

Objection.

Calls for a legal

My understanding that what it

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implies would be part of the Control Strip, yes.

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BY MR. BRIGGS:

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25

Q.

So this same phrase it states:

"An indicia

generation logic coupled with the data display screen
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