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 9 Highly Confidential - Attorneys' Eyes Only Page 1 1 RICARDO VILAS BOAS 2 HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY 3 4 IN THE UNITED STATES INTERNATIONAL TRADE COMMISSION WASHINGTON D.C 5 6 Investigation No. 337-TA-796 7 In the Matter of Certain 8 Electronic Digital Media 9 Devices and Components Thereof 10 - - - - - - - - - - - - - - - - - - - - - - - 11 12 13 14 DEPOSITION OF RICARDO VILAS BOAS Friday 16 March 2012 At: 2:00 pm 15 16 17 18 19 20 21 22 23 24 25 TSG Reporting - Worldwide 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 6 1 RICARDO VILAS BOAS 2 from that date alone. 3 long to notice this deposition, Samsung can't comply 4 with Judge Pender's ground rule within the discovery 5 period. 6 Vilas' deposition notice on Apple and Mr. Lucas is 7 April 3, 2012. 8 if adequate notice had been given, in compliance with 9 Judge Pender's ground rules, would be out of time. Because Samsung has waited so Fifteen business days from service of Mr. Therefore, Mr. Vilas Boas' deposition, 10 Therefore, while Apple is represented at this 11 deposition there has been no adequate time on behalf 12 of Apple to prepare for this deposition. 13 familiar with the case was available at such short 14 notice to attend, and that is to the clear prejudice 15 of Apple. 16 taking place at all and reserves its rights 17 accordingly. 18 No attorney Apple therefore objects to this deposition MR. ZELLER: I am sure, as you are aware, Samsung 19 disagrees with that, and also believes any objection 20 at this point has now been waived to the notice. 21 I will note that this is the first time that it has 22 been stated by Apple that there was unavailability by 23 its counsel for this deposition and, in fact, 24 previously it was quite clear from the written 25 correspondence that Apple in fact did have people TSG Reporting - Worldwide 877-702-9580 Also Highly Confidential - Attorneys' Eyes Only Page 7 1 RICARDO VILAS BOAS 2 available for this, but I am not going to obviously 3 use up the witness' time at this juncture, since I 4 think both parties have made their positions clear on 5 this. 6 MR. OWENS: I would just like to confirm that by 7 attendance Apple does not waive its objection to this 8 deposition taking place. 9 MR. ZELLER: Good afternoon. 10 A Good afternoon. 11 Q If you can please tell us your full name 12 for the record. 13 A My full name, Ricardo Vilas Boas. 14 Q Where do you currently reside? 15 A I reside in Queen's Park, London. 16 Q How long have you lived here in London? 17 A Approximately four years. 18 Q Are you currently employed? 19 A No, I am freelancing at the moment. 20 Q And you are freelancing as what? 21 A As an industrial designer. 22 Q Have you worked previously in the area 23 of industrial design? 24 A Yes, I have. 25 Q Maybe if we can start with your TSG Reporting - Worldwide 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 8 1 RICARDO VILAS BOAS 2 educational background. 3 briefly what your educational background is? 4 A If you can please tell me I took a BA, kind of four year degree, 5 in Portugal in product design. 6 as an industrial designer in Portugal. 7 moved to London and started my Masters degree in 8 industrial design with Central St Martins, which I 9 finished in 2010. 10 In 2008 I After that I had other work for Tom Dixon as an industrial designer as well. 11 12 Then I did some work Q You mentioned that you received a BA degree in industrial design? 13 A Yes. 14 Q What year was that? 15 A I finished in 2004. 16 Q What institution or school did you 17 obtain that from? 18 A It is ESAD, which is Escola Superior De 19 Arte E Design. 20 is located in Matosinhos, which is in the region of 21 Porto. 22 23 Q It is normally known by ESAD, and it I think you said that you got a degree there in 2004? 24 A Yes. 25 Q When did you start? TSG Reporting - Worldwide 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 9 1 RICARDO VILAS BOAS 2 A I started in -- sorry, I think because I 3 had -- I started in 1999 or 2000, because I did a year 4 of architecture as well before, and then decided to 5 change. 6 think it was 99. 7 8 I can't recall the exact starting date. Q I Then you mentioned that you started working on your Masters in 2008? 9 A Yes. 10 Q And that was a Masters in industrial 11 design that you obtained? 12 A Yes. 13 Q And then please tell us, generally 14 speaking, what did you do between the time you 15 obtained your BA and the time you started working on 16 your Masters? 17 A I worked for a consultancy in Portugal 18 for six months. 19 and interior designer. 20 Portugese motorbike company, helping to develop a 21 motorbike that is now on the market, and components. 22 I started kind of a small workshop company After that I worked as an industrial After that I worked for a 23 of furniture design with a friend, doing bespoke 24 furniture for family and friends. 25 started my -- I decided to move to London and started TSG Reporting - Worldwide After that I 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 10 1 2 RICARDO VILAS BOAS my MA. 3 4 Q I think you mentioned that there was one organization or company you worked for that was Dixon? 5 A Tom Dixon, yes. I finished my 6 internship, December 2011. 7 lights and interior design, furniture design. 8 It is lighting, it does Q Were you doing design work for that 10 A Yes. 11 Q Let's please mark as Exhibit 1 a two 9 company? 12 page document bearing Bates numbers SAMNDCA00326381 13 through 382. 14 15 (Exhibit 1 marked for identification) If you can please take a look at Exhibit 1 16 and let us know if this is something that you have 17 seen before. 18 A Yes, it is. 19 Q What do you recognize Exhibit 1 as? 20 A These are two boards from a competition 21 22 23 24 25 about a mobile phone that I designed in 2004. Q You mentioned from a competition. What competition are you referring to? A Yes, it was while I was doing my BA, the school entered with other schools of design in TSG Reporting - Worldwide 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 11 1 RICARDO VILAS BOAS 2 Portugal entered a Nokia competition. 3 the fourth generation mobile phone, so what would the 4 mobile phone of the future be. 5 6 Q The brief was This was a company that was sponsored by Nokia in some way? 7 A Yes. 8 Q What was your understanding in that 10 A Sorry? 11 Q Was it your understanding that it was 9 12 regard? sponsored by Nokia? 13 A Yes, it was sponsored by Nokia, yes. 14 Q If I understood you correctly, Exhibit 1 15 are the boards that you submitted in connection with 16 that competition? 17 A Yes, they are. 18 Q In what year did you actually enter 19 these boards in the Nokia design contest or 20 competition? 21 A 2004, beginning of 2004. 22 Q And then was there some kind of award or 23 recognition that you received in the competition? 24 A Yes, I placed second place. 25 Q And then focusing your attention on TSG Reporting - Worldwide 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 12 1 RICARDO VILAS BOAS 2 these boards that are marked as Exhibit 1, were these 3 made publicly available in some way back in that time 4 period? 5 6 A internet, yes. 7 8 They were published on a website on the Q Who was it that sponsored or ran that A I believe it was Nokia, so it was as far website? 9 10 as I can recall, it had a link on Nokia Portugal 11 website that would take you to this website or you 12 could access it just by browsing the web and 13 searching. 14 Q And then were the images that are shown 15 here in Exhibit 1 actually displayed on that Nokia 16 website? 17 A Yes, the website had -- so the people 18 that got the prize of first, second, third position, 19 plus a few other designs that they chose to display on 20 the websites with the names, so I believe you could 21 click on the names and access -- after you click on 22 the names you could see the boards each person applied 23 to the competition. 24 25 Q Did you yourself actually see the boards that we have marked as Exhibit 1 on the Nokia website TSG Reporting - Worldwide 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 13 1 2 RICARDO VILAS BOAS back in the 2004 timeframe? 3 A Yes, I did. 4 Q And where were you when you accessed the 5 Nokia website back in that time period, 2004? 6 A In 2004, I was in Portugal. 7 Q And then were there times subsequent to 8 2004 as well when you accessed the Nokia website, and 9 I am saying you personally, and saw these boards that 10 we have marked as Exhibit 1 displayed on the Nokia 11 website? 12 MR. OWENS: 13 MR. ZELLER: 14 A Objection, leading question. You can go ahead. I remember showing it to a colleague of 15 mine in 2010, a colleague from the Masters degree, I 16 remember showing the entries of the website. 17 Q 18 accessed the website? 19 A At my house in London. 20 Q Were there time periods between first in Where were you located in 2010 when you 21 2004 and then as recently as 2010 where you saw the 22 website as well with your boards? 23 A I can't completely recall I am afraid. 24 Q What I would like to do is ask you about 25 some of the features or aspects of the electronic TSG Reporting - Worldwide 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 14 1 RICARDO VILAS BOAS 2 device design that you came up with back in 2004. 3 the overall shape of that device rectangular? 4 A Was Yes. 5 MR. OWENS: 6 MR. ZELLER: 7 A 8 edges, simple design. 9 Q 10 Objection, leading. What shape would you describe it as? Yes, it was rectangular with rounded Do these boards show what the profile of the design was? 11 A Yes, on the second page you can see on 12 the bottom right corner there is profile view of the 13 mobile phone, and a front view as well. 14 15 16 17 18 Q How would you describe that profile A It is a thin profile with flat surface shape? front and back. Q With respect to this design that you had 19 created and was published back in 2004, were there any 20 physical buttons or keys on the front surface? 21 A No, there were not. 22 Q Was the display screen there on the 23 front of the device symmetrically placed? 24 A Yes. 25 Q Focusing your attention on the front TSG Reporting - Worldwide 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 15 1 RICARDO VILAS BOAS 2 surface of the electronic device design that you came 3 up with back in 2004, and was published in 2004, was 4 that a flat, continuous and smooth surface? 5 A Yes. 6 Q Was it a surface that was there on the 7 front that was covered by clear glass that ran from 8 edge to edge? 9 10 11 A Yes, it was for touch screens, so it had to have a glass cover. Q Are there particular images shown here 12 in Exhibit 1 that reflect the fact that the front face 13 of the device was entirely flat? 14 A I think on the second page, again the 15 side view, you can see that there is no curvature or 16 anything, so it is quite flat. 17 best point to explain. 18 Q I think that is the And in that side profile image that you 19 have been referring to on the second page, that was 20 something that was made available through that 21 website, the Nokia website back in 2004? 22 23 24 25 A Yes, these exact two boards were shown, were displayed on the website. Q Maybe I should try it this way. Was one of the colors that you had envisioned for your design TSG Reporting - Worldwide 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 16 1 2 3 RICARDO VILAS BOAS back in that time period of 2004 black? MR. OWENS: 4 A Objection, leading. The idea was that the mobile phone would 5 come in a black color, so that would be when you 6 turned off the mobile phone out of the box would be in 7 a black color, and then you could customize it to have 8 different colors, so it would emit different colors if 9 you wished to, but the main color of the display would 10 be black. 11 Q What was the color of this electronic 12 device design that you came up with as its default 13 color? 14 A Black. 15 Q And when this electronic device was 16 17 turned off, was it black and reflective in appearance? MR. OWENS: Objection, leading. 18 A Yes, it was. 19 Q Directing your attention to Exhibit 1, 20 there appear in these images to be different 21 configurations of buttons on the front surface? 22 A They are not exactly buttons, as it had 23 no physical buttons, so it is just -- so everything 24 was touch screen and you could customize it so the 25 image would look as you would like it to look. TSG Reporting - Worldwide 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 17 1 RICARDO VILAS BOAS 2 3 Q So the buttons reflected here in Exhibit 1 were touch screen buttons? 4 A Touch screen, yes, not physical buttons. 5 Q Was there any kind of relationship 6 between the fact that the interface was to be through 7 a touch screen display and the fact that it didn't 8 have any physical keys on the front face? 9 A I mean, for you to -- for better 10 interaction between the user and the touch screen, I 11 decided to go for simple design, quite flat surface, 12 so everything is easy to access. 13 as you can see here, I envisioned that you would be 14 able to see movies or films, things like that. 15 that would need again a very simple design so you 16 could see a movie as a full screen. 17 that if you used any kind of buttons it would limit 18 the ability to customize the mobile phone. 19 Q Plus at that time, So Also the fact When you have been using this word 20 "customize the mobile phone", are you talking about 21 customizing it through the display screen as the 22 interface? 23 24 25 A Yes. MR. OWENS: Q Objection, leading. You have also used in your answers the TSG Reporting - Worldwide 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 18 1 2 RICARDO VILAS BOAS phrase "simple design"? 3 A Yes. 4 Q Was there some kind of advantage from 5 your perspective or some kind of relationship between 6 having a simple design and then having a display 7 screen re the interface for the phone? 8 MR. OWENS: 9 MR. ZELLER: 10 11 A Objection, compound. You can answer. Eventually I lost -- is it possible to repeat the question? 12 Q I will just rephrase the question. That 13 is quite all right. 14 time attorneys may object to the question but you 15 should still unless you are being instructed not to 16 answer, still go ahead and answer. 17 Just so it is clear, from time to Was there any kind of relationship between 18 having this simple design that you are mentioning and 19 the fact that the interface for the phone was through 20 a display screen? 21 22 23 A I am not sure what you are asking but Q Did you see any kind of advantage in ... 24 having what you are referring to as a simple type 25 design and in having the display screen? TSG Reporting - Worldwide 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 19 1 RICARDO VILAS BOAS 2 MR. OWENS: 3 MR. ZELLER: Objection, compound. I think I got interrupted there. 4 What I am trying to find out, so the record is clear, 5 this objection went over my question. 6 What I am trying to find out is were there 7 any advantages to having a simple design, from your 8 perspective, in relationship to having the display 9 screen as the principal interface? 10 A I mean, kind of yes, it would, it is, 11 you know, it is easier for the interaction itself, so 12 the more buttons you have, you are cluttering the 13 design. 14 easier interface and an easier way to physically 15 interact with the design or with the mobile phone. 16 that is why I chose the very simple design, neutral, 17 so people would interact with it. 18 19 20 So making it simple will inevitably lead to Q So Were there any kind of physical elements at all on the front surface of your design? A There are just a microphone and then ear 21 phone slots, but besides that there is a Nokia logo, 22 but that is not -- it is printed beneath the glass so 23 there is no physical -- how can I say -- the Nokia 24 logo, there is no physical relevance to it because it 25 is just a print behind. Besides the microphone and TSG Reporting - Worldwide 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 20 1 RICARDO VILAS BOAS 2 the ear phone, there is no physical aspect, any other 3 physical, relevant thing on the front of the mobile 4 phone or the display. 5 Q To make sure I understand, the Nokia 6 name or logo there on the front, shown here on your 7 design, was a virtual logo? 8 A Yes. 9 Q That is actually on the display screen? 10 A Yes, that was the idea, you know, 11 something that would be emitted. 12 Q Also, if I understood you correctly 13 then, the only physical elements on the front surface 14 were the microphone and speaker holes? 15 A Yes. 16 Q Did your design back from the 2004 time 17 period have a bezel? 18 A Yes. Again, on the side view, you can 19 see that it is rounded, so it is bezeled. 20 it on the top that it is slightly bezeled. 21 symmetrical all the way. You can see It is 22 Q Symmetrical? 23 A Throughout the site of the object. 24 MR. ZELLER: That is all I have for you. 25 you. Thank Why don't we take a minute and switch sides, if TSG Reporting - Worldwide 877-702-9580

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