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

Filing 721

AFFIDAVIT in Opposition re #667 Administrative Motion to File Under Seal re Samsung's Motion to Supplement Invalidity Contentions DECLARATION OF RICHARD S.J. HUNG IN SUPPORT OF APPLES OPPOSITION TO SAMSUNGS MOTION TO SUPPLEMENT INVALIDITY CONTENTIONS filed byApple Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Related document(s) #667 ) (Hung, Richard) (Filed on 2/9/2012)

Confidential - Outside Attorneys' Eyes Only

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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,

Case No.

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vs.

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,

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Defendants.
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CONFIDENTIAL - OUTSIDE ATTORNEYS' EYES ONLY

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VIDEOTAPED DEPOSITION OF SHAWN P. DAY, Ph.D.
Palo Alto, California
Thursday, January 19, 2012

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REPORTED BY:
CYNTHIA MANNING, CSR No. 7645, CLR, CCRR
JOB NO. 45176
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January 19, 2012

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9:12 a.m.

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Deposition of SHAWN P. DAY, Ph.D.,

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taken on behalf of Defendants, at 3300 Hillview

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Avenue, Palo Alto, California, before Cynthia

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Manning, Certified Shorthand Reporter No. 7645,

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Certified LiveNote Reporter, California Certified

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Realtime Reporter.

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APPEARANCES:

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FOR PLAINTIFF:
MORRISON & FOERSTER
BY: ANDREW E. MONACH, ESQ.
425 Market Street
San Francisco, California 94105

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FOR DEFENDANTS:
QUINN EMANUEL URQUHART & SULLIVAN
BY: BRIAN E. MACK, ESQ.
50 California Street
San Francisco, California 94111

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FOR NONPARTY SYNAPTICS, INC.:
FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER
BY: ERIC K. CHIU, M.D., ESQ.
MUKTA JHALANI, ESQ.
Stanford Research Park
3300 Hillview Avenue
Palo Alto, California 94304

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ALSO PRESENT:
Gregory DeWolfe, Esq., Synaptics
Aric Kerhoulas, Videographer
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PALO ALTO, CALIFORNIA;
THURSDAY, JANUARY 19, 2012; 9:12 A.M.

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THE VIDEOGRAPHER:

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This marks the beginning of Disk 1 of

Good morning.

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the videotaped deposition of Shawn Day in the

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matter Apple Incorporated versus Samsung

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Electronics Corporation, in the United States

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09:12

District Court for the Northern District of

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California, San Jose, Division.

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11-CV-01846-LHK.

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No.

09:12

This deposition is being held at the

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office of Finnegan, Henderson, at 3300 Hillview

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Avenue, in Palo Alto, California.

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The date today is January 19th, 2012,

09:13

and the time is approximately 9:13 a.m.
My name is Aric Kerhoulas from TSG,
Incorporated.
Our court reporter today is Cynthia
Manning in association with TSG.

09:13

Will counsel and all present please
introduce yourselves for the record.
MR. MACK:

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representing Samsung.

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MR. MONACH:

Brian Mack of Quinn Emanuel

Andrew Monarch, Morrison &

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Foerster, representing Apple.

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MR. CHIU:

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MS. JHALANI:

MR. DEWOLF:

09:13

Greg DeWolf representing

Synaptics, in-house counsel.

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Mukta Jhalani of

Finnegan, Henderson representing Synaptics.

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Eric Chiu of Finnegan,

Henderson representing Synaptics.

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09:13

The court reporter will please swear in
the witness and we can proceed.

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09:13

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SHAWN P. DAY, PH.D.,

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having first been duly sworn, testified

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as follows:

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THE VIDEOGRAPHER:

Proceed.

09:13

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EXAMINATION

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BY MR. MACK:

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Q.

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Please state your name and address for

the record, please.
A.

Shawn Day.

09:13
My address is 1535

Rangewood Drive, San Jose, California.

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Q.

And have you ever been deposed before?

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A.

Yes, I have.

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Q.

And how many times?

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STATE OF CALIFORNIA

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:ss
COUNTY OF SAN MATEO

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I, CYNTHIA MANNING, a Certified Shorthand

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Reporter of the State of California, do hereby

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certify:

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That the foregoing proceedings were taken

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before me at the time and place herein set forth;

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that any witnesses in the foregoing proceedings,

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prior to testifying, were placed under oath; that

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a verbatim record of the proceedings was made by

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me using machine shorthand which was thereafter

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transcribed under my direction; further, that the

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foregoing is an accurate transcription thereof.

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I further certify that I am neither

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financially interested in the action, nor a

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relative or employee of any attorney of any of

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the parties.

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IN WITNESS WHEREOF, I have subscribed
my name this 19th day of January 2012.

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________________________________________
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CYNTHIA MANNING, CSR No. 7645, CCRR, CLR

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