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