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

Filing 859

Declaration of Erica Tierney in Support of #847 Administrative Motion to File Under Seal Samsung's Opposition to Apple's Motion for Partial Summary Judgment filed byApple Inc.(a California corporation). (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Related document(s) #847 ) (Selwyn, Mark) (Filed on 4/9/2012)

EXHIBIT 1

EXHIBIT P1
FILED UNDER SEAL

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UNITED STATES INTERNATIONAL TRADE COMMISSION
WASHINGTON, D.C.

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In the Matter of:
)
)
CERTAIN ELECTRONIC
) Investigation No.
DEVICES, INCLUDING WIRELESS
)
COMMUNICATION DEVICES,
) 337-TA-794
PORTABLE MUSIC AND DATA
)
PROCESSING DEVICES, AND TABLET )
COMPUTERS
)
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VIDEOTAPED DEPOSITION OF BORIS TEKSLER
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San Mateo, California
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Friday, February 24, 2012
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Reported By:
SUSAN A. SULLIVAN, CSR #3522, RPR, CRR
JOB NO. 46739
TSG Reporting - Worldwide

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TSG Reporting - Worldwide

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Q The third paragraph -- sorry, it is not the
third paragraph.
The paragraph about the third element which
is "No Injunction" states, "A party who made a FRAND
commitment to license its cellular standard
essential patents or otherwise acquired
assets/rights from a party who made the FRAND
commitment must not seek injunctive relief on such
patents. Seeking an injunction would be a violation
of the party's commitment to FRAND licensing."
Do you see that?
A I do.
Q In your experience is that a view that's
universally shared by other ETSI members?
MR. SELWYN: Objection as to form.

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THE WITNESS: Again, I think that it varies and
I'm not sure what other people think necessarily.
MR. SHIELDS: All right.
Q Well, you said it varies. Have you heard
different ETSI members express different views about
the availability of injunctive relief?
MR. SELWYN: Objection to the form.
THE WITNESS: I've heard a single ETSI member
express multiple views on the topic.
Q BY MR. SHIELDS: Okay. Have you
yourself -A Or contrary views, maybe I should say that.
Q Have you yourself observed any ETSI members
seeking injunctive relief on declared essential
patents that were subject to a FRAND entity?
A IPCom certainly is, Samsung is, Motorola
is.
Q Anyone else?
A No.
Q And I don't remember currently right now, I
mean ever.
A I don't know.
Q Qualcomm sought injunctive relief on
patents that were subject to an ETSI FRAND
commitment?

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TSG Reporting - Worldwide

A In which case are you referring to?
Q Well, for example, against Nokia.
A I believe they were -- you know, I'm not
certain.
Q Going back up to the third paragraph of
this letter to the paragraph that starts "It is
apparent" -A Yes.
Q -- the first sentence which we talk about a
little before, "It is apparent that our industry
suffers from a lack of consistent adherence to FRAND
principles in the cellular standards arena."
What did Apple mean to convey to ETSI by
that sentence?
MR. SELWYN: Objection to form. Objection;
outside the scope.
THE WITNESS: I think that would probably be
privileged.
Q BY MR. SHIELDS: You mean you can't answer
without revealing attorney-client communications?
A That's right.
MR. SHIELDS: All right. We need to change tape
so why don't we take a break.
THE VIDEOGRAPHER: We are going off the record.
The time is 3:13 p.m. Here marks the end of

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