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

Filing 718

Declaration of Cyndi Wheeler in Support of #707 Administrative Motion to File Under Seal Samsung's Unopposed Motion for Issuance of a Request for Judicial Assistance and related exhibits filed byApple Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Related document(s) #707 ) (Hung, Richard) (Filed on 2/9/2012)

EXHIBIT D

EXHIBIT 6

Highly Confidential - Attorneys' Eyes Only

Page 1
1

UNITED STATES DISTRICT COURT

2

NORTHERN DISTRICT OF CALIFORNIA

3

SAN JOSE DIVISION

4
5

APPLE INC., a California

)

6

Corporation,

)

7

Plaintiff,

)

8

vs.

) No. 11-CV-01846-LHK

9

SAMSUNG ELECTRONICS CO., LTD,

)

10

a Korean business entity;

)

11

SAMSUNG ELECTRONICS AMERICA,

)

12

INC., a New York corporation;

)

13

SAMSUNG TELECOMMUNICATIONS

)

14

AMERICA, LLC, a Delaware

)

15

limited liability company,

)

16

Defendants.

17

)
)

18
19
20

HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
VIDEOTAPED DEPOSITION OF EUGENE WHANG

21

THURSDAY, OCTOBER 27, 2011

22
23
24

REPORTED BY:

25

JANIS JENNINGS, CSR 3942, CLR, CCRR
TSG Reporting - Worldwide

877-702-9580
Exhibit 6
Page 30

Highly Confidential - Attorneys' Eyes Only

Page 5
1

EUGENE ANTONY WHANG,

2

The deponent herein, was sworn and

3

testified as follows:

4
5
6

EXAMINATION
BY MS. NEILL:

7

Q.

Good morning.

8

A.

Good morning.

9

Q.

So can you please state your full name for

10

the record.

11

A.

Yep.

12

Q.

Okay.

13

A.

Eugene, E-u-g-e-n-e; Antony, A-n-t-o-n-y;

14

Eugene Antony Whang.
And can you please spell that.

and Whang, W-h-a-n-g.

15

Q.

And have you ever gone by any other name?

16

A.

No.

17

Q.

And, Mr. Whang, where do you currently

18

reside?

19

A.

In San Francisco.

20

Q.

Can you give me address, please.

21

A.

Yep.

22

Q.

And that is San Francisco, California?

23

A.

Yes.

24

Q.

Okay.

25

A.

Yes.

77 Oakwood Street.

And are you currently employed?

TSG Reporting - Worldwide

877-702-9580
Exhibit 6
Page 31

Highly Confidential - Attorneys' Eyes Only

Page 46
1

Q.

Who is Rix Chan, R-i-x C-h-a-n?

2

A.

I believe Rix was a project manager of

3

some sort.

4

but, yeah.

5

Q.

6

group?

7

A.

No.

8

Q.

Does he work in the engineering group?

9

A.

I'm actually not sure which group he

I can't remember exactly his exact role;

Does he work in the industrial design

10

worked in.

11

Q.

Do you know if he's still at Apple?

12

A.

He's not at Apple.

13

Q.

Do you know where he is?

14

A.

No.

15

Q.

Do you know when he left?

16

A.

No.

17

Q.

And who is Gang -- and I may pronounce

18

this wrong -- Xu?

X-u.

19

A.

I don't know.

20

Q.

Is he an industrial designer, or she?

21

A.

No.

22

Q.

Do you know if he or she is still at

23

Apple?

24

A.

I don't know.

25

Q.

And who is Eugene Kim?
TSG Reporting - Worldwide

877-702-9580
Exhibit 6
Page 32

Highly Confidential - Attorneys' Eyes Only

Page 47
1
2

A.

Eugene Kim is I believe an electrical

engineer.

R
E
D
A
C
T
E
D
7

Q.

And who is Brian Huppi, H-u-p-p-i?

8

A.

I believe Brian was an electrical engineer

9

as well.

R
E
D
A
C
TE
13

Q.

Is he still at Apple?

14

A.

I don't think so.

15

Q.

Do you know where he is now?

16

A.

No.

17

Q.

And who is Ken McAlpine?

18

A.

Ken used to work at Apple.

19

I can't

remember what his exact position was.

20

Q.

Was he an industrial designer?

21

A.

No.

22

Q.

Do you know when he left Apple?

23

A.

No.

24

Q.

Was it within the last year?

25

A.

It was -- it was -- it was before, yeah.
TSG Reporting - Worldwide

877-702-9580
Exhibit 6
Page 33

Highly Confidential - Attorneys' Eyes Only

Page 48
1
2
3
4

Q.

Do you know if it was more than two years

ago?
A.

It was -- it was more than two years ago,

yeah.

5

Q.

6

years ago?

7

A.

That's where I'm not quite sure.

8

Q.

Got it.

9

Do you know if it was more than three

Okay.

MS. NEILL:

I'd like to -- actually,

10

I'll just give you what was previously marked as

11

Exhibit No. 6 in this case.

12

design patent 593,087.

13

BY MS. NEILL:

14

Q.

It's United States

So just to be clear about the questions

15

I'm going to ask, you are aware that -- did you

16

become aware at some point that there was a dispute

17

between Apple and Samsung regarding certain

18

intellectual property?

19
20
21

A.

Yeah, I think I read it on the web or

something, yeah.
Q.

Okay.

So to the extent that I'm asking

22

you questions about certain documents here today,

23

unless I specify otherwise, I'm generally asking

24

about your knowledge and information that you had

25

prior to that time and not anything that you've
TSG Reporting - Worldwide

877-702-9580
Exhibit 6
Page 34

Highly Confidential - Attorneys' Eyes Only

Page 100
1

CERTIFICATE OF REPORTER

2
3

I, JANIS L. JENNINGS, a Certified

4

Shorthand Reporter of the State of California, do

5

hereby certify:

6

That the foregoing proceedings were taken

7

before me at the time and place herein set forth;

8

that any witnesses in the foregoing proceedings,

9

prior to testifying, were placed under oath; that a

10

verbatim record of the proceedings was made by me

11

using machine shorthand which was thereafter

12

transcribed under my direction; further, that the

13

foregoing is an accurate transcription thereof.

14

I further certify that I am neither

15

financially interested in the action nor a relative

16

or employee of any attorney of any of the parties.

17
18

IN WITNESS WHEREOF, I have this date
subscribed my name.

19
20

Dated:

October 27, 2011

21
22
23

JANIS JENNINGS

24

CSR NO. 3942, CLR, CCRR

25

TSG Reporting - Worldwide

877-702-9580
Exhibit 6
Page 35