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

Filing 835

Declaration of Cyndi Wheeler in Support of #819 Administrative Motion to File Under Seal filed byApple Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Related document(s) #819 ) (Hung, Richard) (Filed on 3/27/2012)

EXHIBIT 1

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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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VIDEOTAPED DEPOSITION OF JONATHAN IVE
San Francisco, California
Tuesday, February 7, 2012
(Volume II
Pages 260
335)

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REPORTED BY:
CYNTHIA MANNING, CSR No. 7645, CLR, CCRR
JOB NO. 46227
TSG Reporting

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877 702 9580

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Tuesday, February 7, 2012
3:52 p.m.

Deposition of JONATHAN IVE, taken on
behalf of Defendants, at 50 California Street,
San Francisco, California, before Cynthia
Manning, Certified Shorthand Reporter No. 7645,
Certified LiveNote Reporter, California Certified
Realtime Reporter.

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APPEARANCES:
FOR PLAINTIFF:
MORRISON & FOERSTER, LLP
BY: MICHAEL A. JACOBS, ESQ.
FRANCIS C. HO, ESQ.
425 Market Street
San Francisco, California 94105
415.268.7455
[e-mail]
[e-mail]
FOR DEFENDANTS:
QUINN EMANUEL URQUHART & SULLIVAN, LLP
BY: MICHAEL T. ZELLER, ESQ.
SCOTT B. KIDMAN, ESQ.
SCOTT C. HALL, ESQ.
865 S. Figueroa Street
10th Floor
Los Angeles, California 90017
213.443.3000
[e-mail]
[e-mail]
[e-mail]
ALSO PRESENT:
Erica Tierney, Esq., Apple Inc.
Tim Zurloff, Videographer

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SAN FRANCISCO, CALIFORNIA;
Tuesday, February 7, 2012; 3:52 P.M.

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THE VIDEOGRAPHER: This is the start of
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Disk No. 1 of the videotaped deposition of
15:52
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Jonathan Ive, in the matter of Apple
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Incorporated, versus Samsung Electronics Company,
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et al., in the United States District Court,
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Northern District of California, San Jose
Division, Case No. 11 CV 01846 LHK.
15:52 10
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This deposition is being held at 50
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California Street, San Francisco, California on
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February 7th, 2012, at approximately 4:53 p.m.
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MR. JACOBS: 3:53.
THE VIDEOGRAPHER: 3:53. Sorry.
15:53 15
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My name is Tim Zurloff. I'm the legal
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video specialist from TSG Reporting,
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Incorporated, headquartered at 747 Third Avenue,
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New York,
New York.
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The court reporter is Cynthia Manning, 15:53
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in association with TSG Reporting.
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Will counsel please introduce
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yourselves.
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MR. ZELLER: Mike Zeller for Samsung.
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MR. HALL: Scott Hall for Samsung.
15:53

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MR. KIDMAN: Scott Kidman for Samsung.
15:53
MR. JACOBS: Michael Jacobs for Apple.
MR. HO: Francis Ho for Apple.
MS. TIERNEY: Erica Tierney for Apple.
THE VIDEOGRAPHER: Will the court
15:53
reporter please swear in the witness.
JONATHAN IVE,
having first been duly sworn, testified
as follows:
15:53
MR. ZELLER: And so we have it on the
record, what we're doing here is we are now
switching over to the Northern District of
California deposition portion of Mr. Ive's day.
15:53
And for the record, I hadn't finished
my questioning in the ITC proceeding. But in
light of the fact that the witness is recovering
from a cold or flu, as well as the fact that we
don't want to overtax him, I decided I would
15:54
switch over.
Obviously, I'm reserving my rights in
terms of what we do going forward on the
remainder of the ITC proceedings. But in the
interest of addressing and acting pursuant to
15:54

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Ultimately, Apple did release to market
a white iPhone 4?
A. Yes. We released the white iPhone 4
and the white iPhone 4S.
16:04

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Q. And in your answers, you've talked
about "lamination." If you could, please tell us

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for the record what you mean by that term.
16:07
A. In this context when I use the word
"laminating," it is the -- essentially the gluing
together of two parts.
So the two parts I'm referring to
16:07
specifically in this context are the cover glass
that has the -- in this case the white mask
borders, and that is glued together to another
piece of glass which I referred to as the ditto.
And it's -- yes, it's the joining, the gluing
16:07
together of those two parts.
Q. I'm going to show you some various
models, and I'll put Post-It flags on them for
the exhibit number so we don't permanently affix
something to them.
16:08
MR. ZELLER: So let's call, for the
record, Exhibit 1461 [sic] a three-dimensional
model that has a label on the back "Microsoft
Zune HD," and on the front it has a sticker that
says "Sample 34".
16:08
MR. JACOBS: Was it 1451?
THE WITNESS: Thank you.
(Deposition Exhibit 1451 was marked for
identification)
//

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photograph. It's difficult to tell whether it's

Q. And approximately how often do the
devices division meetings occur?
A. Typically, they would occur every two

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weeks. Unfortunately, during Steve Jobs' illness 16:19
there could be many weeks where we wouldn't meet.
Q. In these devices division meetings, is
that where is it a cross functional meeting?
Is that the idea, where you get people from
16:19
different groups together to talk about issues?
A. Yes. The division meetings would be
the heads of not all of the functional groups,
but a number of the functional groups.
Q. And typically, what what groups
16:20
attended the devices division meetings?
A. Well, there would be so at that
would vary, in terms of where we are in time, so
I'll describe a typical division meeting that
would be, for example in the time frame, for
16:20
example, of the 4, the iPhone 4.
Q. Sure.
A. So that would be Steve Jobs.
There would be Phil Schiller, who was
the head of marketing.
16:21
There would be Greg Joswiak, who was
also a head of marketing, a VP of marketing,
reporting to Phil Schiller.
There would be the head of engineering
for the devices, and that's that's now
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16:19

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changed. But at that point in time that would
16:21
have been Mark Papermaster.
There would be Rubin, who we talked
about earlier, who is responsible for the antenna
design.
16:21
There would be, in this time frame,
Jeff Williams, Steve Zadesky, who is the head of
product design.
Achim -- I'm afraid I can't recall his
surname. He's the -- essentially the head of
16:22
program management.
And then sometimes there would be
myself. I didn't attend all of these division
meetings.
And sometimes there would be Scott
16:22
Forstall, who is the -- the head of software for
the iOS devices.
Q. And for those devices division meetings
that you attended, was there any kind of agenda
that was usually circulated as part of that so
16:22
people would know what was going to be discussed
at the meeting?
A. I think there was an agenda that the
head of engineering would have, that I was not
aware of. But that provided -- that agenda
16:23

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time is 6:06 p.m.
(Time noted: 6:06 p.m.)

18:06

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DECLARATION UNDER PENALTY OF PERJURY
I, JONATHAN IVE, do hereby certify under
penalty of perjury that I have read the foregoing
transcript of my deposition taken on February 7,
2012; that I have made such corrections as appear
noted herein in ink, initialed by me; that my
testimony as contained herein, as corrected, is
true and correct.
DATED this
2012, at

day of
, California.

JONATHAN IVE

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IN THE MATTER OF: Apple Inc v. Samsung Electronics
Company Limited
DATE: Tuesday, February 07, 2012
WITNESS: Jonathan Ive
Reason codes:
1. To clarify the record.
2. To conform to the facts.
3. To correct transcription errors.
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JONATHAN IVE

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STATE OF CALIFORNIA )
:ss
COUNTY OF SAN MATEO )
I, CYNTHIA MANNING, a Certified Shorthand
Reporter of the State of California, do hereby
certify:
That the foregoing proceedings were taken
before me at the time and place herein set forth;
that any witnesses in the foregoing proceedings,
prior to testifying, were placed under oath; that
a verbatim record of the proceedings was made by
me using machine shorthand which was thereafter
transcribed under my direction; further, that the
foregoing is an accurate transcription thereof.
I further certify that I am neither
financially interested in the action, nor a
relative or employee of any attorney of any of
the parties.
IN WITNESS WHEREOF, I have subscribed
my name this 7th day of February 2012.

CYNTHIA MANNING, CSR No. 7645, CCRR, CLR

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