Apple Inc. v. Samsung Electronics Co. Ltd. et al
Filing
895
Administrative Motion to File Under Seal filed by Apple Inc.. (Attachments: #1 Apple Inc.s Motion For Adverse Inference Jury Instructions Due To Samsungs Spoliation Of Evidence, #2 Declaration of Esther Kim ISO Apple Inc.s Motion For Adverse Inference Jury Instructions Due To Samsungs Spoliation Of Evidence, #3 Exhibit 1, #4 Exhibit 32, #5 Exhibit 33, #6 Proposed Order Granting Apple Inc.s Motion For Adverse Inference Jury Instructions Due To Samsungs Spoliation Of Evidence, #7 Proposed Order Granting Apple's Administrative Motion to Seal Documents)(McElhinny, Harold) (Filed on 5/1/2012)
Exhibit 32
Case 6:09-cv-00203-LED-JDL Document 1020 Filed 06/10/11 Page 1 of 123 PageID #:
30452
1
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
2
3 FRACTUS
4 VS.
5
SAMSUNG ELECTRONICS, CO., LTD.,
6 ET AL
7
8
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*
*
*
*
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*
Civil Docket No.
6:09-CV-203
Tyler, Texas
May 20, 2011
8:30 A.M.
TRANSCRIPT OF JURY TRIAL
BEFORE THE HONORABLE LEONARD DAVIS
UNITED STATES DISTRICT JUDGE
9 APPEARANCES:
10 FOR THE PLAINTIFFS:
11
12
MR. MAX TRIBBLE, JR.
Susman Godfrey
1000 Louisiana Street
Suite 5100
Houston, TX
77002
MR. MICHAEL HEIM
MR. LESLIE PAYNE
Heim Payne & Chorush
600 Travis St., Suite 6710
Houston, TX
77002
13
14
15
MR. JUSTIN NELSON
MS. GENEVIEVE VOSE
Susman Godfrey
1201 Third Avenue
Suite 3800
Seattle, WA
98101
16
17
18
19
20 APPEARANCES CONTINUED ON NEXT PAGE:
21
COURT REPORTERS:
22
23
24
MS. SUSAN SIMMONS, CSR
MS. JUDITH WERLINGER, CSR
Official Court Reporter
100 East Houston, Suite 125
Marshall, TX
75670
903/935-3868
25 (Proceedings recorded by mechanical stenography,
transcript produced on CAT system.)
1
Case 6:09-cv-00203-LED-JDL Document 1020 Filed 06/10/11 Page 106 of 123 PageID #:
30557
106
1 Was Samsung aware in 2006, while it was still doing
2 business with Fractus, that Fractus was already building
3 this nice jury story of infringement of the multilevel
4 patent?
5
A.
This is the first time that I'm hearing it.
6
Q.
And that is a Samsung phone that's contained
7 on Exhibit 172; is that correct?
8
A.
Yes, it is.
9
Q.
And at that time, Fractus and Samsung were
10 still doing business together?
11
A.
Yes.
12
Q.
And never told you that they were -- had it in
13 mind all along to sue us three years later?
14
A.
That's right.
We never heard anything like
15 that.
16
MR. BARTA:
Pass the witness.
17
THE COURT:
All right.
Cross-exam.
CROSS-EXAMINATION
18
19 BY MR. NELSON:
20
Q.
Good afternoon, Mr. Kim -- or good morning
21 still.
22
A.
Yes.
23
Q.
You understand that once a lawsuit has been
24 filed, every party has an obligation to preserve
25 relevant documents, correct?
Case 6:09-cv-00203-LED-JDL Document 1020 Filed 06/10/11 Page 107 of 123 PageID #:
30558
107
1
A.
Yes, I do.
2
Q.
Your e-mails continued to delete after 14 days
3 even after this lawsuit was filed and after we had given
4 notice about you personally to Samsung, correct?
5
A.
Well, system-wise.
It is system-wise.
The
6 system itself would -- is such way that it -- those were
7 deleted within 14 days, unless there's a request to
8 preserve these documents.
And if these documents are
9 documents that are considered to be important, and those
10 would be preserved, though.
MR. NELSON:
11
First of all, could you
12 please tell the witness, if he can answer my question
13 yes or no, we have very limited time, so I would
14 appreciate yes or no answers, if he can.
15
A.
Yes.
16
Q.
(By Mr. Nelson) The answer is:
Yes, your
17 e-mails continued to be destroyed after 14 days even
18 after we let Samsung know about you personally, correct?
19
A.
No.
20
MR. NELSON:
Could we bring up the
21 JungMin Ro deposition, Page 61, Line 22?
22
Q.
(By Mr. Nelson) This was a corporate testimony
23 from Samsung.
She stated:
For the custodians listed,
24 has the automatic deletion function in mySingle been
25 suspended?
Case 6:09-cv-00203-LED-JDL Document 1020 Filed 06/10/11 Page 108 of 123 PageID #:
30559
108
1
ANSWER:
No.
2
Is that correct, or was she not telling the
3 truth?
4
A.
Yes.
5
Q.
Thank you.
6
That's the way she answered it.
It's also true, Mr. Kim, that when a Samsung
7 employee changes computers, that computer is wiped
8 clean, correct?
9
A.
Well, yes.
10
Q.
Do you know -MR. NELSON:
11
Well, let's bring up
12 Plaintiff's Exhibit 114, please.
13 first page there.
14
Yeah.
And let's go -- on the
Jae-Ki Jung.
Q.
(By Mr. Nelson) Mr. Kim, do you know Jae-Ki
A.
I don't know this person very well.
15 Jung?
16
17
MR. NELSON:
18 page, please.
Next page.
If we go to the following
Next page.
Blow up the date,
19 please.
20
Q.
(By Mr. Nelson) This is an offer and
21 acceptance of Fractus antennas, and it was accepted by
22 Mr. Jae-Ki Jung, correct?
23
A.
MR. NELSON:
24
25
Yes, that's right.
Q.
Next page, please.
(By Mr. Nelson) And at the bottom, it states
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