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

Filing 973

Declaration of Cyndi Wheeler in Support of #930 Administrative Motion to File Under Seal Samsung's Motion for Summary Judgment filed byApple Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Declaration Of Mark D. Selwyn In Support Of Samsungs Administrative Motion To File Documents Under Seal Re Samsungs Motion For Summary Judgment, #19 Proposed Order [Proposed] Order Granting Samsungs Administrative Motion To File Documents Under Seal Re Samsungs Motion For Summary Judgment)(Related document(s) #930 ) (Bartlett, Jason) (Filed on 5/24/2012)

Exhibit 16

EXHIBIT 9
FILED UNDER SEAL

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
APPLE INC., a California
corporation,

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Plaintiff,
vs.
Case No. 11-CV-01846-LHK
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.
---------------------------------/

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CONFIDENTIAL
ATTORNEYS' EYES ONLY
OUTSIDE COUNSEL
VIDEOTAPED DEPOSITION OF ANDREW PLATZER
Redwood Shores, California
Tuesday, October 18, 2011

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Reported by:
LORRIE L. MARCHANT, CSR No. 10523, RPR, CRR, CCRR,
CLR
JOB NO. 42881

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"gesture" informally, it can include a single touch at

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this time.

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BY MR. BRIGGS:
Q.

Do you have any definition of "gesture"

outside of UIKit?

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A.

I don't quite understand.

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Q.

Well, if you were going to give a

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definition of what a "gesture" is outside of UIKit

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and away from this patent, what would your

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definition be?
A.

Whatever is in the dictionary.

I -- I

don't understand.
Q.

You don't have a definition for "gesture"

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as it would be used by one of skill in the art of

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touchscreens?

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MR. OLSON:

Objection.

Calls for a legal

conclusion.

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THE WITNESS:

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understand.

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Is this -- I don't

in general?

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BY MR. BRIGGS:
Q.

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Is this referring to the patent or just

Just in general.
As a computer scientist that works on

touchscreens, how would you define "gesture"?
A.

As a computer scientist, I don't know of
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any official definition of "gesture," and so all I

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Q.

Okay.

Turning back to the claim, the claim

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states, Determining whether the event object invokes

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a scroll or gesture operation.

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And my question is what does it mean to invoke
a scroll or gesture operation?

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MR. OLSON:
conclusion.

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Objection.

Calls for a legal

Lack of foundation.

THE WITNESS:

I'm not a lawyer, so I'm not

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comfortable in defining "invoke" as far as the

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patent is concerned.

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BY MR. BRIGGS:
Q.

And at the time you filed this patent

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application in 2007, did you have an understanding

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of what "invoke" meant as you used it here in the

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claims?
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A.

I'm not a -- a lawyer, so I'm not

comfortable defining "invoke" in the patent.

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But as an example, in Objective-C or in many

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other languages, "invoke" is often used as a synonym for

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calling a function.

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Q.

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I've got that answer, but I had a

different question.

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Okay.

At the time you filed the '915 patent
application in 2007, did you have an understanding of
what "invoke" meant as you used it in Claim 1?

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MR. OLSON:

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THE WITNESS:

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BY MR. BRIGGS:

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Q.

Objection.

Asked and answered.

I don't recall.

Now, still focusing on this claim

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limitation here, what does it mean, "to distinguish

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between a single input point that is interpreted as

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a scroll operation and two or more input points that

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are interpreted as a gesture operation"?

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MR. OLSON:
conclusion.

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Objection.

Calls for a legal

Lack of foundation.

THE WITNESS:

I'm not a lawyer, so I'm not

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comfortable with defining the word "interpreted"

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here.

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