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)

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Exhibit 6 EXHIBIT 44 Highly Confidential - Attorneys' Eyes Only Page 1 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 SAN JOSE DIVISION 4 5 APPLE INC., a California ) 6 Corporation, ) 7 Plaintiff, ) 8 vs. ) No. 11 CV 01846 LHK 9 SAMSUNG ELECTRONICS CO., LTD, ) 10 a Korean business entity; ) 11 SAMSUNG ELECTRONICS AMERICA, ) 12 INC., a New York corporation; ) 13 SAMSUNG TELECOMMUNICATIONS ) 14 AMERICA, LLC, a Delaware ) 15 limited liability company, ) 16 Defendants. ) 17 ) 18 19 20 HIGHLY CONFIDENTIAL ATTORNEYS' EYES ONLY VIDEOTAPED DEPOSITION OF EUGENE WHANG 21 THURSDAY, OCTOBER 27, 2011 22 23 24 REPORTED BY: 25 JANIS JENNINGS, CSR 3942, CLR, CCRR TSG Reporting - Worldwide 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 57 1 exactly if that 2 user back home; but, for instance now, you know, the 3 home button activates CRE or you can 4 you double click it, it will activate iTunes. 5 has a lot of other functions as well, but I don't 6 recall when those other functions were mapped onto 7 the home button as well. 8 BY MS. NEILL: 9 Q. if this button only just took the you know, if It So looking now at the large rectangular 10 feature that's indicated with dashed lines on this 11 drawing on the front here, which may be referred to 12 as a "screen," what is the function of that? 13 MR. HUNG: 14 Calls for a legal conclusion. 15 Objection. THE WITNESS: Assumes facts. Are you talking about this 16 dashed line here (indicating)? 17 BY MS. NEILL: 18 Q. Yes. 19 A. I mean, again, I'm not an expert at 20 reading patent drawings, but to me as a designer 21 this would indicate where the active area of a 22 screen would be. 23 Q. And you'll notice that the device appears 24 to have four rounded corners. 25 MR. HUNG: Objection. TSG Reporting - Worldwide The document speaks 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 58 1 for itself. Calls for a legal conclusion. 2 You can answer. 3 THE WITNESS: Yeah, you can I guess you 4 can refer to them as "rounded corners," but we would 5 just kind of refer to this entire thing as its 6 profile. 7 BY MS. NEILL: 8 9 10 11 12 Q. this device? A. Q. Spline, s p l i n e. Was there any reason or strike that. Is there any reason that the corners are rounded? 15 16 We could refer to them as "corner splines." 13 14 So how would you refer to the corners of MR. HUNG: conclusion. 17 Objection. Calls for a legal Calls for an expert opinion. THE WITNESS: I can't recall the specifics 18 of any particular reason, but the rounded corners 19 can serve many purposes. 20 BY MS. NEILL: 21 Q. Can you name 22 A. Or the rounded splines. 23 Q. Okay. 24 25 Can you name some of the purposes that the rounded splines might serve? A. Yeah. The corner splines and the size TSG Reporting - Worldwide 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 59 1 that they are can make the product and the shape 2 appear more friendly. 3 rear surface also is somewhat in tune with 4 governed by what those corner splines are. 5 The what happens with the and Because the surface on the back and the 6 way it kind of wraps around is highly sensitive to 7 what size those actual like radiuses would be so it 8 affects the rear surface as well. 9 comfortable against the ear or in the hands. 10 also visually more lightweight. 11 It can be more It's some of the examples. 12 13 14 Q. Okay. Yeah, those are Can you think of any other specific reasons? A. I mean, we just I think we arrived 15 there because we thought it looked good and we felt 16 happy with the appearance. 17 MR. HUNG: 18 water. 19 We're just going to get him BY MS. NEILL: 20 Q. You can go ahead. Erika will get it. So the next feature I would like to direct 21 your attention to is sort of the oval or elongated, 22 maybe pill shaped that's above that 23 earlier referring to as the screen shape. 24 A. Okay. 25 Q. What is that? TSG Reporting - Worldwide 877-702-9580 what we were Highly Confidential - Attorneys' Eyes Only Page 60 1 MR. HUNG: 2 legal conclusion. 3 Objection. Calls for a Foundation. 4 Calls for an expert opinion. THE WITNESS: 5 opening. 6 It appears to be a receiver BY MS. NEILL: 7 Q. And what kind of receiver? 8 A. A receiver is just kind of what we call 9 it. It's, you know, like the opening for you to 10 hear another person's voice or whatever sound may 11 be coming out of there when you're on a phone call. 12 13 Q. And is there any reason why it's positioned where it is on the overall device? 14 MR. HUNG: 15 Calls for a legal conclusion. 16 opinion. 17 Objection. THE WITNESS: We Foundation. Calls for an expert you know, we tried it 18 in many positions and this is where we felt that it 19 just seems to look most comfortable. 20 BY MS. NEILL: 21 Q. And when you were designing this 22 coming up with this design, was there ever any 23 feedback or information that you received from 24 engineers? 25 A. or Just in general with the product in TSG Reporting - Worldwide 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 71 TSG Reporting - Worldwide 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 72 20 21 BY MS. NEILL: Q. All right. So what I am going to give you 22 now is United States Design Patent 504,889, which 23 was previously marked as Exhibit 8. 24 25 Take a look at the patent. A. Okay. TSG Reporting - Worldwide 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 73 1 Q. 2 Can you please turn to figure 2. And you'll see there on figure 2 along one 3 edge of the device there seems to be a small, round 4 port. 5 6 7 A. Yep. There seems to be a little dotted some kind dotted line running around. Q. Uh huh. Okay. And then on the other edge 8 of the device that you can see in that same drawing, 9 there appears to be a rectangular type of port. 10 A. Yes. 11 Q. Okay. 12 And can you please refer to figure 6 as well. 13 And I'm sorry. If you look at the first 14 page of the patent, it indicates that figure 6 is a 15 right side view. 16 A. Okay. 17 Q. And can you see, again, the round feature 18 on figure 6? 19 A. Yes. 20 Q. And on figure 8 which is a lower side 21 view, according to the first page of the patent 22 can you see that there is a rectangular feature 23 along that edge? 24 A. Yes. 25 Q. Is the design depicted in this patent TSG Reporting - Worldwide 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 74 1 reflected in one of the two devices in front of you? 2 MR. HUNG: 3 Calls for a legal conclusion. 4 opinion. 5 Objection. THE WITNESS: Vague. Calls for an expert There doesn't seem to be 6 enough information in the drawings to 7 say if it's 8 these. 9 there's 10 Foundation. for me to if it's representative of one of There are some similarities, but, you know, there's also differences. BY MS. NEILL: TSG Reporting - Worldwide 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 75 5 6 Q. If you will take a look for a second at figure 2, please. 7 A. Okay. 8 Q. You will see in figure 2, which is a 9 10 bottom perspective view, that there are a series of diagonal lines. 11 A. Yes. 12 Q. What do those represent? 13 MR. HUNG: 14 THE WITNESS: 15 16 17 Objection. I don't Foundation. I don't know. BY MS. NEILL: Q. If you please turn to figure 4, which is a bottom view. Are those lines present? 18 A. Of the same lines as in the last figure? 19 Q. Yes. 20 A. It doesn't appear 21 As in figure 2. they don't appear to be there. 22 Q. Do you know why they're not there? 23 A. No. 24 Q. And going back to the lines that are in 25 figure 2, do you have under TSG Reporting - Worldwide any understanding as 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 76 1 to what those lines may reflect? 2 A. No. 3 Q. In figure 1, do you also see a series of 4 diagonal lines? 5 A. Yes. 6 Q. Do you have any understanding as to what 7 those lines may reflect? 8 A. No, I don't. 9 Q. In figure 1 again, to bring your attention 10 to that, you can see around the front of the device 11 there appears to be a line, basically the perimeter 12 of the front, that appears to be thicker along 13 the 14 left edge and the bottom edge. the way I'm looking at it, it would be the 15 A. Okay. 16 Q. Do you see that line? 17 A. I mean, I see a line that gets that 18 starts off around here as one thickness, and then 19 down on the bottom edge, it kind of goes thicker. 20 Q. Uh huh. 21 A. Yep. 22 Q. Do you think it's possible that that line 23 24 25 depicts the vent? MR. HUNG: speculation. Objection. Calls for Calls for a legal conclusion. TSG Reporting - Worldwide 877-702-9580 Calls Highly Confidential - Attorneys' Eyes Only Page 77 1 for an expert opinion. 2 THE WITNESS: 3 drawing, I 4 To me, when I see this BY MS. NEILL: 5 6 Q. I don't see the vent detail. Do you have any understanding at all of what the thicker line might represent? 7 A. No, I don't. 8 Q. And turning to figure 9, this depicts a 9 person holding the device. 10 A. Okay. 11 Q. Along the top edge of the device, the 12 farthest away from the person who is holding it, do 13 you see that that edge appears to be wedge shaped? 14 15 MR. HUNG: 18 The document speaks for itself. 16 17 Objection. THE WITNESS: I don't see that. BY MS. NEILL: Q. Do you see that the the top edge 19 appears to taper towards the 20 holding it towards the left edge of the top? 21 22 23 MR. HUNG: as the person is Objection. The document speaks for itself. THE WITNESS: 24 kind of point to 25 Do you think you can just BY MS. NEILL: TSG Reporting - Worldwide 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 78 1 2 Q. So I'm pointing to the top edge away farthest away from him 3 A. 4 Q. 5 A. 6 Q. 7 A. 8 9 10 11 12 Okay. and that it tapers along this line Yeah. Yeah. so that this area appears as a wedge. Right. MR. HUNG: for itself. Objection. The document speaks Assumes facts. BY MS. NEILL: Q. Do you have any understanding of why that appears to be wedge shaped? 13 MR. HUNG: 14 THE WITNESS: Objection. I don't. Assumes facts. To me, it just 15 looks like whoever drew it just got their 16 perspective wrong. 17 BY MS. NEILL: 18 Q. And also along the front perimeter of the 19 front face of the device, there appears to be a 20 darker line, or heavier line. 21 22 23 24 25 A. Yeah, there appears to be a slightly thicker line. Q. And do you have any understanding of what that represents? A. No. TSG Reporting - Worldwide 877-702-9580 Highly Confidential - Attorneys' Eyes Only Page 79 1 Q. And just -- if will turn to the first page 2 of this patent, you will see that you are listed as 3 an inventor on this patent. 4 A. Yes. 5 Q. And what did you contribute to the design 6 7 depicted in this patent? A. Like I said before, just, you know -- 8 specifically it's hard to pick out any kind of 9 detail or specific thing. You know, we all worked 10 on this together, so, you know, we all kind of 11 equally contributed to the design. 12 13 Q. And do you know when this design was first conceived of? 14 A. No, I don't. 15 Q. Okay. 16 And do you know when it was first put down in a written form? 17 A. No. 18 Q. Did you create any of the figures in this 19 patent? 20 A. No, I didn't. 21 Q. Do you know who did? 22 A. No, I do not. 23 Q. Did you ever meet with anyone regarding 24 25 whether or not you were an inventor of this patent? A. I can't recall. TSG Reporting - Worldwide 877-702-9580

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