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

Filing 817

Declaration of Cyndi Wheeler in Support of #797 Order on Administrative Motion to File Under Seal, Order on Motion to Remove Incorrectly Filed Document,,,, filed byApple Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Related document(s) #797 ) (Bartlett, Jason) (Filed on 3/16/2012)

EXHIBIT 1

HIGHLY CONFIDENTIAL UNDER THE PROTECTIVE ORDER

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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

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corporation,

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Plaintiff,

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vs.

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SAMSUNG ELECTRONICS CO., LTD.,

NO. 11-CV-01846-LHK

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a Korean business entity;

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SAMSUNG ELECTRONICS AMERICA,

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INC., a New York corporation;

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SAMSUNG TELECOMMUNICATIONS

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AMERICA, LLC, a Delaware

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limited liability company,

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18

Defendants.
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DEPOSITION OF STEVEN CHRISTENSEN

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Taken on behalf of the Defendants

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October 26, 2011

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Job Number: 42864
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STEVEN CHRISTENSEN,

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having been first duly sworn,

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was examined and testified as follows:

4
5

EXAMINATION
BY MR. BRIGGS:

6

Q.

Good morning.

7

A.

Good morning.

8

Q.

Can you state your name for the record.

9

A.

Steven Christensen.

10

Q.

Where do you live, Mr. Christensen?

11

A.

Ashland, Oregon.

12

Q.

Where is Ashland?

13

A.

About ten miles south of here.

14

Q.

Where do you work?

15

A.

I work for a small startup company that I

16

am a cofounder.

It is called Folium & Partners.

17

Q.

Do you work for Apple Computer?

18

A.

No.

19

Q.

Are you a consultant for Apple Computer?

20

A.

No.

21

Q.

Now, you have worked for Apple in the past,

22

correct?

23

A.

Yes.

24

Q.

And when was that?

25

A.

1982 through 1996.
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Super Clock?

2

A.

Yes.

3

Q.

Did you do that while you were at Apple?

4

A.

Yes.

5

Q.

Was this an Apple project, or was this one

6

of your own projects?

7

A.

No.

8

Q.

And how did you -- did you distribute Super

9

It was on my own time.

Clock in any way?

10

A.

11

at the time.

12

services, systems like Compuserve.

13

would distribute it on floppy disk or CD-ROMs later

14

when they became available.

15
16

Q.

Yes.

It was distributed on online services
This was preinternet, so, port
Eventually others

Did you have any idea how many people used

or downloaded Super Clock?

17

A.

No.

18

Q.

Would you say thousands?

19

A.

Millions.

20

Q.

Millions?

21

A.

It was very popular.

22

Q.

And did you receive any money for

23

But a large number.

distributing Super Clock?

24

A.

No.

25

Q.

It was free.

It was free.

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2

And when did you start distributing Super
Clock?

3

A.

Well, I think around 1988.

4

Q.

And was there a time when you stopped

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distributing it or you stopped supporting it?

6

A.

1993.

7

Q.

Did you stop distributing it in 1993?

8

A.

Yes.

9

Q.

And so by definition you stopped supporting

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it then, too?

11

A.

Yes.

12

Q.

And why was that?

13

A.

Apple had asked if they could incorporate

14

it in system 7 something, 7.5 maybe, and I felt that

15

that would probably be a good thing to do.

16

want to keep supporting it.

17

source.

18

Q.

19

I didn't

So I gave them the

And then somebody else at Apple

incorporated it into the --

20

A.

They actually asked that I incorporate it.

21

Q.

And you did that?

22

A.

Yes.

23

Q.

So let me ask you about a system in, let's

24
25

say, 1988 that incorporated Super Clock.
I guess that would be a McIntosh computer?
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A.

Yes.

2

Q.

And what would the operating system on a

3

computer like that be called?

4

A.

I think at the time it was probably

5

somewhere around system 6.03, 6.04, that would be

6

6.03.

7

Q.

So one of these systems, one of these

8

computers that was using Super Clock, that computer

9

would have a processor in it, correct?

10

A.

Yes.

11

Q.

And it would also have a data display

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screen, correct?

13
14

MR. KRAMER:

17

THE WITNESS:

Q.

It would have a monitor on it, right?
And that computer would also have a

cursor-controlled device, correct?

20
21

Yes.

BY MR. BRIGGS:

18
19

Calls for a legal

conclusion.

15
16

Objection.

MR. KRAMER:

Objection.

Calls for legal

conclusion, lacks foundation.

22

THE WITNESS:

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cursor, yes.

24

It would have a mouse and

BY MR. BRIGGS:

25

Q.

And you could use the cursor to -- excuse
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A.

Yes.

2

Q.

Do you know how many lines of code the

3

Super Clock source code consists of?

4

A.

At this point I have no idea.

5

Q.

Do you have any ballpark estimates?

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Is it large?

7

A.

It is not terribly large.

8

Q.

If we requested a copy of the Super Clock

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source code, if Samsung did, could you provide it?

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MR. KRAMER:

I think he was going to

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consult with his counsel before responding to

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anything like that.

13
14

THE WITNESS:

I will

consult with my counsel first.

15
16

About that, yes.

MR. BRIGGS:

It is a good bit of coaching

MR. KRAMER:

It is not coaching.

there.

17

I am

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interrupting giving me client a legal instruction

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relating to legal issues.

20

BY MR. BRIGGS:

21
22

Q.

Have you always made the Super Clock source

code -- has it always been confidential?

23

A.

Yes.

24

Q.

Have you ever released a copy to anybody?

25

A.

Other than Apple?
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MR. BRIGGS:

like to get the source code for Super Clock.

3
4

So just to follow up, we would

MR. KRAMER:

I will talk to my client, and

we will take it under advisement.

5

MR. BRIGGS:

6

Q.

Okay.

When you applied for the patent application

7

that would become the 002 patent, did you understand

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you were under an obligation to turn over any prior

9

art that you are aware of?

10
11
12

A.

I don't know if I was aware of that at the

time.
Q.

So you don't remember any attorneys ever

13

telling you that you were under an obligation to

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disclose any prior art you were aware of to the

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patent office?

16

A.

I don't recall that.

17

Q.

Did you become aware of that obligation any

18

time when you were involved with the 002 patent

19

prosecution?

20

A.

Not that I recall.

21

Q.

Do you know if the patent examiner had a

22

copy of the Super Clock source code when the 002

23

patent was examined?

24

A.

No, I don't.

25

Q.

In fact, he couldn't have because you have
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never given it to anybody other than Apple, correct?

2
3

A.

Unless it came indirectly through Apple

with the version they had, yes.

4

Q.

Do you remember providing any description

5

of Super Clock to the patent office when you applied

6

for your patent?

7

A.

No.

8

Q.

Do you know why you didn't?

9

A.

Probably didn't know that I needed to.

10

Q.

Would you agree with me that the Super

11

Clock functionality is similar to the Control Strip

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functionality?

13
14

MR. KRAMER:

Objection.

Vague and

ambiguous.

15

THE WITNESS:

16

no.

17

I don't really think I can,

BY MR. BRIGGS:

18

Q.

Why not?

19

A.

Because it is completely different

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behaviors, completely different implementation, and

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in terms of one piece about maybe that both pieces of

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information float above other windows, the fact that

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Super Clock doesn't have anything to do with Super

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Clock.

25

Q.

It has something to do with the menu bar.
I didn't catch that last part.
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patent.

2

Q.

Do you have any views on the patent system

3

in general?

4

Some people don't like software patents.

5

Do you have any views like that?

6
7
8
9

I mean some people don't like patents.

A.

I don't really have an opinion.

They just

Q.

Do you think they are a good thing or bad

are.

thing?

10

A.

I think patents are fine.

11

Q.

Do you have any other patents?

12

A.

I had done a second patent filing for

13

another company a few years later.

14

recently that the company allowed it to lapse a few

15

years ago.

16

Q.

I found out

Did that patent relate to windows or

17

control strips or anything like what we have been

18

discussing today?

19

A.

No.

20

Q.

Do you know -- did you ever receive any

21

awards for the 002 patent?

22

A.

No.

23

Q.

Any -- did you receive any kind of

24
25

recognition for the 002 patent?
A.

I think the filing happened after I left
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Apple.

2

Apple.

3

Q.

So, no.

Or the issuance was after I left

Do you know if the Control Strip led to

4

success of any, commercial success, of any Apple

5

products or anything like that?

6

MR. KRAMER:

7

Objection.

Lack of

foundation, calls for speculation.

8

THE WITNESS:

9

any product's success.

10
11

I have no idea if it improved

BY MR. BRIGGS:
Q.

Did you ever see any reports on -- from

12

consumers saying they liked or didn't like Control

13

Strip?

14

A.

I don't remember.

There were probably

15

reviews in magazines at the time, but I don't

16

remember now.

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A
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4
5

Q.

Do you still own -- or do you own Apple

stock?

6

A.

No.

7

Q.

And today do you develop software for Apple

8

products?

9

A.

I develop software for IOS devices, which

10

is I-Phone and I-Pad, and my company in general also

11

develops for windows phone seven.

12

Q.

13

and windows?

14

A.

At a high level.

15

Q.

Applications?

16

A.

Yes.

17

Q.

Are there any specific applications?

18

A.

They are related to publishing and audio

19

At a high level what do you develop for IOS

Applications.

books, not one single title.

20

MR. BRIGGS:

Can we take a break, and then

21

I think I can wrap it up in another half hour at the

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most.

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THE VIDEOGRAPHER:

The time is 3:19, and we

are off the record.
(Recess taken)
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CERTIFICATE

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I, Michele J. Lucas, do hereby certify that pursuant

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to the Rules of Civil Procedure, the witness named herein

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appeared before me at the time and place set forth in the

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caption herein; that at the said time and place, I reported

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in stenotype all testimony adduced and other oral

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proceedings had in the foregoing matter; and that the

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foregoing transcript pages constitute a full, true and

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correct record of such testimony adduced and oral proceeding

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had and of the whole thereof.

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IN WITNESS HEREOF, I have hereunto set my hand this
27th day of October, 2011.

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_________________________

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/Signed

August, 2013

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Michele J. Lucas

Commission Expiration

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