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 J

Highly Confidential - Attorneys' Eyes Only

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
CASE NO. 11 CV 01846 LHK

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APPLE, INC, a California
corporation,

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Plaintiff,
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vs.
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SAMSUNG ELECTRONICS CO., LTD.,
a Korean business entity;
SAMSUNG ELECTRONICS AMERICA, INC.,
a New York corporation;
SAMSUNG TELECOMMUNICATIONS AMERICA, LLC,
a Delaware limited liability company,

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Defendants.
_________________________________________/

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HIGHLY CONFIDENTIAL
ATTORNEYS' EYES ONLY
DEPOSITION OF JOSHUA STRICKON, PH.D.
Miami, Florida
Thursday, October 20, 2011

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Reported by:
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DARLINE MARIE WEST, RPR, FRP, CLR
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Job No. 42680
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P R O C E E D I N G S

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VIDEO TECHNICIAN:

We are now on the video

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record.

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20th day of October, 2011.

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videotape deposition of Joshua Strickon taken at

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701 Brickell Ave., Suite 1650, Miami, Florida.

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And it's taken in Case Number 11 CV 01846 LHK,

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Apple, Inc. vs. Samsung Electronics Company,

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The time is 9:16 a.m. on Thursday, the
We're here for the

Ltd., et al.
The case is filed in the United States

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District Court, Northern District of California,

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San Jose Division.

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The court reporter is Darline West.

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videographer is Sean Maguire, both with TSG

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Reporting.

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The

Will counsel and all present please

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introduce yourself, and the court reporter will

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swear the witness.

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MS. DUCCA:

Marissa Ducca, Quinn

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Emanuel Urquhart & Sullivan in Washington,

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D.C., for Samsung.

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MR. BARQUIST:

Charles Barquist,

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Morrison & Foerster for Dr. Strickon and

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Apple.
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THEREUPON,

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JOSHUA STRICKON, PH.D.,

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called as a witness on behalf of the Defendants

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herein, having been first duly sworn, was examined

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and testified as follows:

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THE WITNESS:

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I do.

DIRECT EXAMINATION
BY MS. DUCCA:
Q.

Good morning, Dr. Strickon.

How are you

today?

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A.

Okay.

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Q.

Will you please state your full name on

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address for the record.
A.

Joshua Andrew Strickon.

901 Brickell Key

Boulevard, Apartment 805, Miami, Florida, 33131.

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Q.

Dr. Strickon, have you been deposed before?

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A.

Yes.

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Q.

How many times?

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A.

Once.

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Q.

When was that?

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A.

This past summer.

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Q.

Do you recall what case that was in?

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A.

Motorola and Apple.

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MS. DUCCA:

I'm going to mark as

Exhibit 780 a document with Bates numbers
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plastics?

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MR. BARQUIST:

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THE WITNESS:

Calls for a

legal conclusion.

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Objection.

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Repeat your question.

BY MS. DUCCA:
Q.

Does the glass member include PET and other

plastics?

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MR. BARQUIST:

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THE WITNESS:

Calls for a

legal conclusion.

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Objection.

I believe in the

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investigation and development of this

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this product, that, yes, the glass member

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would include PET and other plastics.

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BY MS. DUCCA:
Q.

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Are glass and plastic interchangeable?

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MR. BARQUIST:

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Objection to

form.

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Objection.

THE WITNESS:

In what capacity?

BY MS. DUCCA:
Q.

Can

when you're building a prototype,

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for example, would it

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you would choose glass and plastic aside from, say,

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cost, or can you use either interchangeably?

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MR. BARQUIST:
speculation.

would there be reasons why

Objection.

Calls for

Calls for expert opinion

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testimony.

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Incomplete hypothetical.

THE WITNESS:

Glass and plastic have

different physical properties.
BY MS. DUCCA:
Q.

Okay.

So let's say you're building

you

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were building a prototype and let's say you had a

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piece of glass and a piece of plastic in front of

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you, equal sizes.

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Is there a reason you would choose the glass over the

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Equal would fit in your prototype.

plastic?

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MR. BARQUIST:

Objection.

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expert opinion testimony.

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Calls for

hypothetical.

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THE WITNESS:

Incomplete

There may be, yes.

BY MS. DUCCA:
Q.

What are the benefits of using glass over

plastic?
MR. BARQUIST:

Objection.

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expert opinion testimony.

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Calls for

hypothetical.

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THE WITNESS:

Incomplete

In my experience in using

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these materials, glass can have better

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chemical and scratch resistance than

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similar types of plastic.

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than

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BY MS. DUCCA:
Q.

What are the benefits of using plastic over

glass?
A.

In my experience of using these materials,

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plastic can often be lighter and more durable in the

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sense that it's not as brittle as glass can be.

R
E
D
A
C
T
E
D

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Q.

Now, if you look at Claim 11, would you

read Claim 11 and let me know when you're finished?

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A.

Okay.

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Q.

All right.

And Claim 11 recites dummy

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features disposed in the space between the parallel

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lines, correct?

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A.

Yes.

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Q.

I believe earlier that you testified that
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this was one of the -- one of your contributions to

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the patent, correct?

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MR. BARQUIST:

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Misstates

the testimony.

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Objection.

THE WITNESS:

Is there a question?

BY MS. DUCCA:
Q.

I believe earlier you testified that this

was one of your contributions to the patent, correct?

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MR. BARQUIST:

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the testimony.

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Objection.

Misstates

conclusion.

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Calls for a legal

THE WITNESS:

Yeah.

That was one of

the ideas that I contributed to this work.
BY MS. DUCCA:
Q.

What are dummy features, as that term is

used in the '607 patent?
MR. BARQUIST:

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THE WITNESS:

Calls for a

legal conclusion.

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Objection.

In my work of what I

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worked on internally at Apple, we referred

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to dummy features as electrically isolated

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segments that -- of uniform material that

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was of the same material that the conductive

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lines, rows and columns of the areas of -- I

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don't recall.

Let me restate that.

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