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

Filing 637

Administrative Motion to File Under Seal filed by Apple Inc.. (Attachments: #1 Wheeler Declaration ISO Motion to Seal, #2 Proposed Order ISO Motion to Seal, #3 Bartlett Declaration ISO Opposition to Motion to Enforce, #4 Ex A to Bartlett Decl, #5 Ex B to Bartlett Decl, #6 Ex C to Bartlett Decl, #7 Ex D to Bartlett Decl, #8 Ex E to Bartlett Decl, #9 Ex F to Bartlett Decl, #10 Ex G to Bartlett Decl, #11 Ex H to Bartlett Decl, #12 Ex I to Bartlett Decl, #13 Ex J to Bartlett Decl, #14 Ex K to Bartlett Decl, #15 Opposition to Motion to Enforce, #16 Maselli Decl ISO Opposition to Motion to Compel, #17 Ex A Maselli Decl, #18 Ex B Maselli Decl, #19 Ex C Maselli Decl, #20 Ex D Maselli Decl, #21 Ex E Maselli Decl, #22 Opposition to Motion to Compel, #23 Mazza Declaration ISO Opposition to Motion for Clarification, #24 Ex A Mazza Decl, #25 Ex B Mazza Decl, #26 Ex C Mazza Decl)(Jacobs, Michael) (Filed on 1/17/2012)

Exhibit A

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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APPLE, INC.,
PLAINTIFF,
VS.
SAMSUNG ELECTRONICS CO.
LTD., ET AL,
DEFENDANT.

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CV-11-1846-LHK
SAN JOSE, CALIFORNIA
DECEMBER 16, 2011
PAGES 1-66

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TRANSCRIPT OF PROCEEDINGS
BEFORE THE HONORABLE PAUL S. GREWAL
UNITED STATES DISTRICT JUDGE

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A P P E A R A N C E S:

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FOR THE PLAINTIFF:

MORRISON & FOERSTER, LLP
BY: MICHAEL JACOBS
ESTHER KIM
JASON BARTLETT
RICHARD HUNG
425 MARKET STREET
SAN FRANCISCO, CA 94105

FOR THE DEFENDANT:

QUINN EMANUEL
BY: VICTORIA MAROULIS
555 TWIN DOLPHIN DR., 5TH FL
REDWOOD SHORES, CA 94065

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(APPEARANCES CONTINUED ON THE NEXT PAGE)

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OFFICIAL COURT REPORTER: SUMMER FISHER, CSR, CRR
CERTIFICATE NUMBER 13185
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SAN JOSE, CALIFORNIA

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DECEMBER 16, 2011

P R O C E E D I N G S
(WHEREUPON, COURT CONVENED AND THE
FOLLOWING PROCEEDINGS WERE HELD:)

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THE CLERK:

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ELECTRONICS COMPANY.

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APPLE, INC. VERSUS SAMSUNG
CASE NUMBER CV -11-1846.

MATTER ON FOR PLAINTIFF'S MOTION TO
COMPEL AND DEFENDANT'S MOTIONS TO COMPEL.
COUNSEL, PLEASE STATE YOUR APPEARANCES.
MR. JACOBS:

GOOD AFTERNOON YOUR HONOR.

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MICHAEL JACOBS FROM MORRISON & FOERSTER FOR APPLE.

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WITH ME IS RICH HUNG, JASON BARTLETT AND

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ESTHER KIM FROM MORRISON & FOERSTER.

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THE COURT:

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GOOD MORNING, OR I SHOULD SAY GOOD

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ALL RIGHT.

AFTERNOON TO EACH OF YOU.

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MS. MAROULIS:

GOOD MORNING, YOUR HONOR.

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VICTORIA MAROULIS FROM QUINN EMANUEL.

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WITH ME ARE MY COLLEAGUES BRETT ARNOLD,

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MELISSA CHAN AND SARA JENKINS.

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THE COURT:

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ALL RIGHT.

GOOD AFTERNOON TO

EACH OF YOU.
ALL RIGHT.

I HAVE A TOTAL OF THREE

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MOTIONS BEFORE ME.

I HAVE READ THE PAPERS,

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INCLUDING THOSE THAT WERE MOST RECENTLY SUBMITTED.
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TECHNOLOGY.

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WE WOULD NOT SHOW HIM ANY SOURCE CODE OR

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ANY OF APPLE'S TECHNICAL DOCUMENTATION.

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REVIEWING DESIGN CAD FILES, DESIGN HISTORY

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DOCUMENTS AND OTHER DESIGN SKETCHBOOKS AND DESIGN

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DOCUMENTS.

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HE IS NOT IN BUSINESS RIGHT NOW OF

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DESIGNING HARDWARE.

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RELATING TO THAT.

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HE WILL BE

HE'S NOT DOING ANY CONSULTING
AND APPLE QUESTIONED HIM DURING

HIS DEPOSITION REGARDING WHAT HE DOES ACTUALLY DO.
THE COURT:

SO THE LINE BETWEEN DESIGN

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AND FUNCTION IS AN ATTRACTIVE ONE, BUT HASN'T YOUR

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OWN WITNESS SUGGESTED THAT'S PRETTY BLURRY WHEN YOU

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GET DOWN TO SPECIFIC INSTANCES OF WHETHER SOMEONE

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SHOULD LOOK AT THE DOCUMENT OR NOT?

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MS. MAROULIS:

YOUR HONOR, WHEN I SAY I'M

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NOT GOING TO SHOW HIM TECHNICAL DOCUMENTS, WE WILL

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NOT SHOW HIM THE GUTS OF THE FILM.

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HOW ONE -- IN THAT, THE MULTITOUCH

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SYSTEM, HOW ONE DEALS WITH THE TOUCH SCREEN

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TECHNOLOGY.

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IS THAT DEPENDING WHERE YOU PLACE THE SPEAKERS

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DICTATE THE FACT WHERE YOUR EAR IS.

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FUNCTIONAL ARGUMENT BUT IT DOESN'T REQUIRE HIM TO

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GO TO THE SOURCE CODE WHEN YOU HAVE THE ASPECTS OF

WHAT HE WAS TALKING ABOUT THE FUNCTION

THAT'S A

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CERTIFICATE OF REPORTER

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I, THE UNDERSIGNED OFFICIAL COURT
REPORTER OF THE UNITED STATES DISTRICT COURT FOR

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THE NORTHERN DISTRICT OF CALIFORNIA, 280 SOUTH

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FIRST STREET, SAN JOSE, CALIFORNIA, DO HEREBY

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CERTIFY:

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THAT THE FOREGOING TRANSCRIPT,

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CERTIFICATE INCLUSIVE, CONSTITUTES A TRUE, FULL AND

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CORRECT TRANSCRIPT OF MY SHORTHAND NOTES TAKEN AS

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SUCH OFFICIAL COURT REPORTER OF THE PROCEEDINGS

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HEREINBEFORE ENTITLED AND REDUCED BY COMPUTER-AIDED

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TRANSCRIPTION TO THE BEST OF MY ABILITY.

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__________________________
SUMMER A. FISHER, CSR, CRR
CERTIFICATE NUMBER 13185

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