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 2

EXHIBIT P
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
corporation,

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Plaintiff,
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vs.

CASE NO.

11-cv-01846-LHK

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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,
Defendants.
____________________________/

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H I G H L Y

C O N F I D E N T I A L

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A T T O R N E Y S

E Y E S

O N L Y

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VIDEOTAPED DEPOSITION OF BAS ORDING

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REDWOOD SHORES, CALIFORNIA

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TUESDAY, OCTOBER 25, 2011

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BY:

ANDREA M. IGNACIO HOWARD, CSR, RPR, CCRR, CLR.

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CSR LICENSE NO. 9830

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JOB NO. 42883
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Heather Moser of Apple.

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MR. TUNG:

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Samsung.

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Mark Tung of Quinn Emanuel for

Emanuel.

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With me today is Alex Baxter, also of Quinn

THE VIDEOGRAPHER:

Will the court reporter

please swear in the witness.

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BAS ORDING,

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having been sworn as a witness,

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by the Certified Shorthand Reporter,

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testified as follows:

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THE VIDEOGRAPHER:

You may proceed.

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EXAMINATION BY MR. TUNG

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MR. TUNG:

Q.

Good morning.

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A

Good morning.

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Q

Can you state your full name and address for

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the record.
A

My full name is Bas Ording.

Address is

44 Newberg Street in San Francisco, California 94131.
Q

And approximately how many times have you

been deposed before?

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A

Six times.

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Q

Have you ever testified at trial?

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A

No, I have not.

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Q

Okay.

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deposition.

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So let me lay some ground rules for a
You've probably heard these before.

Today I'll be asking you a series of

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questions.

Do you understand that you're under oath

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today and must answer truthfully to the best of your

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knowledge?

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A

I understand.

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Q

And do you understand that the court reporter

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is taking down everything that we're saying to produce

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a transcript, and because of that, that we should

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attempt to not speak over each other so we get a clean

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transcript?

Do you understand?

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A

Yes.

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Q

And is there any reason that you are not able

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to provide full and complete, accurate, truthful

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testimony today?

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A

No.

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Q

And if you need a break at any point, feel

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free to let me know.

I'm happy to accommodate breaks.

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The only thing I ask is, if there's a question

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pending, if you would answer the question before

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taking a break.

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A

I understand, yes.

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Q

Your counsel may object from time to time.

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Unless he instructs you not to answer, you should

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still answer the question; do you understand?

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A

I understand.

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Q

So are you a current Apple employee?

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A

Yes, I am.

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Q

And when did you start working for Apple?

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A

I started in 1998.

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Q

Have you been working for Apple continuously

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since then?

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A

Yes, I have.

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Q

And what group did you start in when you

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started working for Apple?
A

I worked in the -- and still work in the user

interface group.

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Q

So has that changed during -- since 1998?

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A

No.

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Q

So when you started working at Apple, what

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was your first project at Apple?
A

I started working on the user interface for

Mac OS X at that time.
Q

Okay.

And how long did you work on the Mac

OS X user interface?

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A

Well, it's been for years, and I still do

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that, too.

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Q

Did you take on additional projects since you

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started that are not Mac OS X related?
A

Yeah.

So at some point we started -- I

worked on the iPhone project as well.

R
E
D
A
C
T
E
D

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Q

Does Mac OS X use a touch interface?

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MR. HUNG:

Objection; vague.

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THE WITNESS:

Well, the current user

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interface for the Mac OS X, as far as I know, doesn't

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use a touch screen.

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MR. TUNG:

Q.

Have you worked on a touch

screen interface for Mac OS X?

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A

No, I have not.

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Q

Have you worked on a touch screen interface

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for the iPhone?

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A

Yes, I have.

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Q

And so is it -- is it a -- is it a reasonable

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distinction to say that Mac OS X does not have a touch

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screen interface, whereas the iPhone does have a touch

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screen interface?

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CERTIFICATE OF REPORTER

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I, ANDREA M. IGNACIO HOWARD, hereby certify

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that the witness in the foregoing deposition was by me

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duly sworn to tell the truth, the whole truth, and

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nothing but the truth in the within-entitled cause;

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That said deposition was taken in shorthand

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by me, a Certified Shorthand Reporter of the State of

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California, and was thereafter transcribed into

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typewriting, and that the foregoing transcript

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constitutes a full, true and correct report of said

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deposition and of the proceedings which took place;

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That I am a disinterested person to the said
action.

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IN WITNESS WHEREOF, I have hereunto set my
hand this 25th day of October, 2011.

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_______________________________________

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ANDREA M. IGNACIO HOWARD, RPR, CCRR, CLR, CSR No. 9830

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TSG Reporting 877-702-9580