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

Filing 709

Declaration of Cyndi Wheeler in Support of #667 Administrative Motion to File Under Seal re Samsung's Motion to Supplement Invalidity Contentions, #675 Administrative Motion to File Under Seal re Exhibit 4 to Briggs Declaration in Support of Samsung's Motion to Supplement Invalidity Contentions filed byApple Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Related document(s) #667 , #675 ) (Hung, Richard) (Filed on 2/2/2012)

EXHIBIT 1

EXHIBIT O
FILED UNDER SEAL

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
APPLE INC., a California
corporation,

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Plaintiff,
vs.
Case No. 11-CV-01846-LHK
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,
Defendants.
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CONFIDENTIAL
ATTORNEYS' EYES ONLY
OUTSIDE COUNSEL
VIDEOTAPED DEPOSITION OF IMRAN CHAUDHRI
Redwood Shores, California
Friday, October 14, 2011

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Reported by:
LORRIE L. MARCHANT, CSR No. 10523, RPR, CRR, CCRR, CLR

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JOB NO. 42879
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(Marked for identification purposes,

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Exhibit 570 through 572.)

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THE VIDEOGRAPHER:

We are on the video

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record at 9:34 a.m.

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versus Samsung, in the United States District Court,

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Northern District of California.

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11-CV-01846-LHK.

In the matter of Apple Inc.,

Case No.

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We are located today at 555 Twin Dolphin

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Drive, in the City of Redwood Shores, California.

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Today is October 14, 2011, and the time is 9:35 a.m.

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My name is Alan Dias from TSG Reporting.

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Counsel, would you please identify yourself

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for the record.
MR. WHITEHURST:

Good morning.

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Alan Whitehurst.

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Alex Baxter.

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My name

Emanuel, and we represent Samsung.

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And with me today is my colleague,

We are with the law firm Quinn

MR. KREEGER:

Matthew Kreeger, Morrison &

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Foerster, representing Apple.

With me is

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Cyndi Wheeler from Apple.

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THE VIDEOGRAPHER:

Will the court reporter

please swear in the witness.
THE REPORTER:

Do you solemnly swear or

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affirm under the penalties of perjury that the

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testimony you are about to offer will be the truth,
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the whole truth and nothing but the truth?

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THE WITNESS:

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THE VIDEOGRAPHER:

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I do.
You may proceed.

EXAMINATION BY MR. WHITEHURST

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BY MR. WHITEHURST:

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Q.

Good morning, Mr. Chaudhri.

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A.

Good morning.

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Q.

My name is Alan Whitehurst, and I will be

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taking your deposition today.

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Could you please state your full name and
address for the record.
A.

My name is Imran Chaudhri.

My address is

57 Beaumont, San Francisco, California 94118.
Q.

And before the deposition, I marked as

Exhibit 570 a copy of your Deposition Notice.

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Have you testified in a deposition before?

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A.

I have.

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Q.

How many times?

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A.

Once.

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Q.

And what case was that for?

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A.

It was a -- a case involving Motorola.

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Q.

Was that for a litigation between Motorola

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and Apple?

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A.

I believe so.

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Q.

And when was that deposition?
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Q.

When did you first find out about that

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Apple-Samsung litigation that you're testifying in

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today?

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A.

I don't remember exactly.

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Q.

Just looking for the date.

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Q.

And when did this occur?

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A.

I don't know exactly the date.

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would be the 2000 time frame.
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But it

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Q.

How do you know it was the 2000 time frame?

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A.

That's when we were doing most of our --

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our work on the version.

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Q.

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this work?

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A.

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Other than the prototypes I mentioned, I --

I don't know of anything more than that.
Q.

Sometimes in cartoons you'll see somebody

come up with a great idea, and a light bulb would -goes off.

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Do you have any documents that would show

Kind of that aha moment.
Did you ever have an aha moment, a eureka

moment, for the '891 patent?

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MR. KREEGER:

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Go ahead.

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THE WITNESS:

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BY MR. WHITEHURST:

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Q.

Objection.

Form.

I don't know.

So sitting here today, you can't remember a

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particular moment or a particular instance in time

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that you came up with the '891 patent?

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A.

I don't remember the time.

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Q.

Would you say that it was a gradual

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process?

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A.

What -- what process?

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Q.

The process of coming up with the idea for

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the '891 patent.

Let me reask my question.

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Would you say that the process of coming up

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with the idea for the '891 patent was a gradual

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process?

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A.

I don't know.

I -- I know it went rather

quickly.

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Q.

Why do you say it went rather quickly?

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A.

We -- we spent a lot -- spent -- we used to

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have a lot more time back then.

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of hours on it.

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And we spent a lot

So days were shorter, hours were

longer.

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Q.

And when was this time period?

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A.

2000.

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Q.

So we're talking about 11 years ago;

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correct?

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A.

M-hm.

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Q.

And 11 years ago, there was a time period

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when it went rather quickly?
A.

I -- I think there's aspects of it that go

quickly.
Q.

So how do you know that there was a time

period 11 years ago that went very quickly?

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A.

I remember working on it for a long time.

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Q.

So now I'm confused.

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You said you worked

it on for a long time, but it went rather quickly.
A.

I remember concentrating on it for a long
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period of time in terms of hours.

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earlier, we spent more -- had more time to spend on

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it in terms of hours versus the amount of days we

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spent on it.

Like I said

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Q.

And when did this time period start?

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A.

I don't know exactly what time it was.

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Q.

And when did this time period end?

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A.

I don't remember.

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Q.

Was it spring?

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A.

I couldn't say.

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Q.

Was it summer?

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A.

I don't know.

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Q.

Was it fall?

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A.

I don't know.

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Q.

Was it winter?

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A.

I don't believe so.

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Q.

So there's a time period somewhere in 2011,

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but you can't remember whether it's spring, summer,

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fall or winter?

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MR. KREEGER:

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MR. WHITEHURST:

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BY MR. WHITEHURST:

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Q.

Did you mean to say 2011?
Thank you.

So there's a time period somewhere in 2000,

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but you can't remember whether it's spring, summer,

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fall or winter?
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Q.

Any others?

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A.

Those are really the ones I had.

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Q.

When did you use an Amiga monitor?

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A.

It would be late '80s.

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MR. WHITEHURST:

I'm going to mark as

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Exhibit 573 a copy of Apple's interrogatory

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responses.

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(Marked for identification purposes,

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Exhibit 573.)

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BY MR. WHITEHURST:

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Q.

Have you seen this document before?

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A.

No, I haven't.

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Q.

If you would please turn to page 10.

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A.

Okay.

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Q.

Do you see at the top of page 10 a header

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with the '891 patent number?
A.

M-hm.

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BY MR. WHITEHURST:
Q.

So you're not sure whether this is an

accurate statement or not?
A.

Yeah.

It's something that I would have to

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do some due diligence -- due diligence on to really

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verify.

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BY MR. WHITEHURST:
Q.

If you would please turn back to

Exhibit 571.

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A.

'891?

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Q.

Yes, the '891 patent.

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Column 10.

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A.

And then turn to

Okay.
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Q.

You see at the top of Column 10 a Claim 1

that begins on line 5?

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A.

Yes.

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Q.

If you would please read Claim 1 to

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yourself.

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it, please.

And let me know when you're done reading

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A.

Okay.

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Q.

Do you understand Claim 1?

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A.

To the best of my ability.

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Q.

Do you believe that you're an inventor of

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Okay.

Claim 1?

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A.

I believe so.

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Q.

Do you believe that Bas Ording is an

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inventor of Claim 1?

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A.

He and I worked on it together, so, yeah.

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Q.

What was your contribution to Claim 1?

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A.

It would be the idea of the window starting

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a timer and essentially not having to close with any

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management.

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Q.

Anything else?

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A.

Beyond it reacting to some input, which is

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just part of the -- it's just part of the whole

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story.

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Q.

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So what part of Claim 10 are you looking

at -- excuse me, Claim 1 are you looking at?
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CERTIFICATE

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STATE OF CALIFORNIA )
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)
COUNTY OF SONOMA

:

ss

)

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I, Lorrie L. Marchant, a Certified Shorthand

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Reporter, a Registered Professional Reporter, a

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Certified Realtime Reporter, and a Certified

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Realtime Professional within and for the State of

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California, do hereby certify:

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That IMRAN CHAUDHRI, the witness whose

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deposition is herein set forth, was duly

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sworn/affirmed by me and that such deposition is a

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true record of the testimony given by such witness.

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I further certify that I am not related to any

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of the parties to this action by blood or marriage

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and that I am in no way interested in the outcome of

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this matter.

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In witness whereof, I have hereunto set my hand
this 15th day of October, 2011.

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--------------------------------------------LORRIE L. MARCHANT, CSR, RPR, CRR, CLR, CCRR

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CSR No. 10523

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TSG Reporting - Worldwide

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