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

Filing 943

Declaration of Brett Arnold in Support of #930 Administrative Motion to File Under Seal Samsung's Motion for Summary Judgment filed bySamsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (Attachments: #1 Ex. 4, #2 Ex. 6, #3 Ex. 7, #4 Ex. 8, #5 Ex. 9, #6 Ex. 13, #7 Ex. 16 (Part 1), #8 Ex. 16 (Part 2), #9 Ex. 16 (Part 3), #10 Ex. 16 (Part 4))(Related document(s) #930 ) (Maroulis, Victoria) (Filed on 5/18/2012)

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EXHIBIT 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION _____________________________ ) APPLE INC., a California ) corporation, ) ) Plaintiff, ) )No. 11-cv-01846-LHK vs. ) ) 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, ) ) Defendants. ) _____________________________) VIDEOTAPED DEPOSITION OF OWEN KWON Los Angeles, California Wednesday, February 29, 2012 Reported by: Melissa M. Villagran, RPR, CLR CSR No. 12543 22 Job No. 137092 23 PAGES 1 - 73 24 25 Page 1 Sarnoff, A VERITEXT COMPANY 877-955-3855 1 Q And if there are any other documents that 2 you believe or come to your mind during the course 3 of the deposition that you believe would assist you, 4 would you just point them out to me at that time? 5 A I will. 11:17AM 6 Q And your attorney may state objections to 7 my questions. Do you understand that you still have 8 to answer my questions unless your attorney 9 specifically instructs you not to answer? 10 A I do. 11:17AM 11 Q And when I ask a question, please give your 12 attorney enough time to object if he or she chooses 13 to do so. 14 A I will. 15 Q Is there any reason why you can't give your 16 11:17AM most accurate and truthful testimony today? 17 A No. 18 Q And you understand that, when you answer a 19 question, if you're not entirely sure, I'm still 20 entitled to your best estimate. 21 A I understand. 22 Q Are you represented by counsel today, sir? 23 A What does it mean? 24 Q 11:17AM Do you have a lawyer representing you in 25 this deposition? 11:18AM Page 10 Sarnoff, A VERITEXT COMPANY 877-955-3855 1 A Yes. 2 Q And who is your attorney representing you? 3 A Her name is Soo Ah Hong. 4 Q And where are you currently employed? 5 A I'm hired by iRiver, Inc., which is U.S. 6 11:18AM division of iRiver, Limited. 7 Q How long have you been employed at iRiver, 9 A For the past four years. 10 Q And what is your position there? 11 A My current position is general manager of 8 12 13 14 Inc.? 11:18AM business development. Q And in what year did you assume that position? 15 A I was promoted about three years ago. 16 Q And what position did you previously hold 17 at iRiver? 18 A 19 development. 20 Q 21 11:18AM I was senior manager of business In what year did you become senior manager 11:18AM of business development? 22 A When I was hired in 2007. 23 Q And could you tell me what other companies 24 25 you worked for previously. A I've worked for iRiver America before I 11:19AM Page 11 Sarnoff, A VERITEXT COMPANY 877-955-3855 1 come to iRiver, Inc., and before iRiver America, I 2 used to work for two different Korean companies in 3 Seoul, Korea. 4 5 Q And when did you begin working at iRiver America? 11:19AM 6 A I started in 2005. 7 Q And what was your position at iRiver 8 America? 9 A I was supply chain manager. 10 Q And what is the relationship between iRiver 11 11:19AM America and iRiver, Inc.? 12 A iRiver America was the previous company 13 that had distributorship of iRiver-branded products 14 in U.S. market, and they stopped their business in 15 2007. 16 17 11:19AM Q And so you began working at iRiver America in which year? 18 A In 2005. 19 Q And then you transitioned from iRiver 20 America to iRiver, Inc.? 21 A It happened in 2007. 22 Q 11:19AM If you could open your binder to the first 23 tab and take a moment to review the document. 24 25 Have you seen this document before? A Yes, I have. 11:20AM Page 12 Sarnoff, A VERITEXT COMPANY 877-955-3855 1 2 Q And you understand this is a subpoena to testify in a civil action? 3 A I do. 4 Q And you understand that you are appearing 5 at this deposition at the request of Samsung in 6 relation to the case named on the first page? 7 A I do. 8 Q 11:20AM Have you reviewed the deposition topics in 9 Attachment A of this document? 10 A I have. 11 Q And if you could just turn to Tab 2 in your 12 materials. 13 second. 14 15 11:20AM Or actually just to go back for a MR. GOLDBERG: If we could mark the previous document in Tab 1 as Exhibit 1. 16 (Exhibit 1 was marked for 17 identification by the deposition 18 officer and is attached hereto.) 19 MR. GOLDBERG: 11:21AM 20 And then if we could turn to Tab 2 and mark this as Exhibit 2. 21 (Exhibit 2 was marked for 22 identification by the deposition 23 11:21AM officer and is attached hereto.) 24 25 BY MR. GOLDBERG: Q And sir, have you seen this document 11:21AM Page 13 Sarnoff, A VERITEXT COMPANY 877-955-3855 1 brand and Reigncom. 2 3 Q Was anyone else from iRiver involved in the design of the U10? 4 A Not that I know of. 5 Q If we turn the page and look at Figure 1 of 6 the design patent, could you tell me what angle of 7 the U10 this displays whereas depicted in this 8 image. 9 A 11:43AM 10 This is about 45-degree away from the center of the front. 11 Q 11:44AM And if we turn the page to Figure 2, does 12 this image show the design of the U10 from the 13 front? 14 A Yes. 15 Q And if you look now at Figure 3, does this 16 image show the design of the iRiver U10 from the 17 11:44AM back? 18 A Yes. 19 Q And if we turn the page to Figure 4, does 20 this design show -- or does this image show the 21 design of the iRiver U10 from the side with the 22 earphone jack? 23 A Yes. 24 Q 11:44AM And if we turn the page to look at 25 Figure 5, does the image in this figure show the 11:44AM Page 31 Sarnoff, A VERITEXT COMPANY 877-955-3855 1 design of the iRiver U10 from the side with the 2 volume control buttons on it? 3 4 5 A Yes. Actually, this isn't the volume. This is the power and the screen orientation button. Q So Figure 5 shows the iRiver U10 from the 6 side with the power button and the screen toggle 7 11:45AM orientation button? 8 A Yes. 9 Q If we look now at Figure 6, does this image 10 show the iRiver U10 from the side containing the 11 volume control buttons? 12 A That's right. 13 Q 11:45AM And if you look at Figure 7, does this show 14 the bottom of the iRiver U10, or does this image 15 show the bottom of the iRiver U10 with the USB port? 16 A Yes. 17 Q 11:45AM And if you look at Figure 8, could you 18 19 20 21 22 describe the depiction of the device in Figure 8. A Yes. This is again another front view of the device from 45 degrees angle. Q 11:46AM When was the iRiver U10 first offered for sale in the United States? 23 A 2005. 24 Q Are you aware of a month in 2005 when the 25 iRiver U10 was first on sale? 11:46AM Page 32 Sarnoff, A VERITEXT COMPANY 877-955-3855 1 2 A device from 4th quarter of 2005. 3 4 I believe iRiver started to well the U10 Q And when was the iRiver U10 first disclosed to the public in the United States? 5 A It was 4th quarter of 2005, but we made the 6 public official announcement during the CES show in 7 2006, which is around starting week of January in 8 11:46AM 2006. 9 10 Q So it's your testimony that the iRiver U10 was first announced in January of 2006? 11 A Yes. 12 Q 11:47AM But it's your testimony that it was on sale 13 earlier than that in 2005? 14 A Yes. 15 Q And when was the Clix first offered for 16 sale in the United States? 17 18 A I believe it was -- it started from the 1st quarter of 2006. 19 20 11:47AM Q And when was the Clix first disclosed to the public in the United States? 21 A At the same time. 22 Q 11:47AM And you testified that the iRiver U10 was 23 disclosed at a CES show; is that correct? 24 25 1st quarter of 2006. A Clix. No. We didn't make an announcement of In 2006, January, we made an announcement of 11:48AM Page 33 Sarnoff, A VERITEXT COMPANY 877-955-3855 1 2 3 U10, which is the same device. Q And so you announced 6 the U10 device at the CES show, correct? 4 A Yes. 5 Q And that show was in January of 2006? 6 A Yes. 7 Q And what is the CES show? 8 A Consumer Electronics Show, which is being 9 10 11:48AM held every year in Las Vegas every first or second week of every year. 11:48AM 11 Q Is this a convention? 12 A Yes, it is. 13 Q And who attends this convention? 14 A Lots of different companies that is 15 involved in consumer electronics including computers 16 and softwares. 17 Q Do consumers attend this convention? 18 A Yes. 19 Q 11:48AM And representatives from different 20 businesses in the technology industry attended as 21 well; is that correct? 22 A Yes, that's correct. 23 Q 11:48AM We could turn now to Tab 4. 24 MR. GOLDBERG: If we could mark this as 25 Exhibit 6 -- Exhibit 7, rather. 11:49AM Page 34 Sarnoff, A VERITEXT COMPANY 877-955-3855

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