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 9
Confidential Attorneys' Eyes Only
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IN THE UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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APPLE, INC., a California
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corporation,
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Plaintiff,
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vs
No. 11 CV 01846 LHK
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SAMSUNG ELECTRONICS CO., LTD.,
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a Korean business entity; et al.,
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Defendants.
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VIDEOTAPED DEPOSITION OF MICHAEL TCHAO
CONFIDENTIAL
ATTORNEYS' EYES ONLY
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REDWOOD SHORES, CALIFORNIA
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TUESDAY, FEBRUARY 21, 2012
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Reported by: LOUISE MARIE SOUSOURES, CSR NO. 3575
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Certified LiveNote Reporter
Job # 46145
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Q.
Do you think the iPad 2 is comfortable to
hold?
A.
11:24
11:24
Yes, I believe the iPad 2 is comfortable to
hold.
11:24
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Q.
What do you attribute that to?
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A.
I believe both the physical design of the
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product, the weight of the product.
Q.
Anything else?
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A.
I think that would be -- those would
encompass it.
Q.
11:24
What about the physical design of the product
makes it comfortable to hold?
A.
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11:24
11:24
The shape of the back housing, the area of
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the -- around the screen, the bezel around the screen,
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the weight of the product and the distribution of that
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weight, the balance of the product.
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Q.
Anything else?
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A.
The materials that the product is made of.
11:25
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Q.
Would your answer be the same if I asked you
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the same question about the original iPad?
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A.
Yes.
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Q.
What is it about the bezel -- first of all,
11:25
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when you say "bezel," what are you referring to?
A.
In this particular respect, the bezel I'm
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11:25
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referring to the black area or the -- around the
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screen, that is the -- the area around the screen, I
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guess is probably the best way to describe it.
11:25
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Q.
The black border that surrounds the active
area of the screen?
11:25
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A.
That's correct.
11:25
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Q.
What is it about that black border around the
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active area of the screen that in your view adds to
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the comfort to holding the iPad?
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A.
It provides an area for your hand to rest
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without activating the screen while you're holding the
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device.
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Q.
What is it about the what you refer to as the
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housing -- first of all, when you say the housing of
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the device, what are you referring to?
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I'm referring specifically to what also might
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be called the back case of the product, the -- in the
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case of iPad and iPad 2, the aluminum enclosure that
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makes up the back of the product.
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A.
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Q.
What is it about the shape of the housing
that makes the iPad easy to hold, in your view?
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A.
The curve of the housing, so no sharp areas
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11:26
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contact your hand, the smooth contour of it, and
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texture of the material that makes it easy to hold on
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to.
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Q.
Does the rectangular shape of the iPad
contribute to the ease with which it can be held?
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MS. TAYLOR:
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THE WITNESS:
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the question again?
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Objection, it's vague.
Does the -- could you repeat
BY MR. KIDMAN:
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Q.
Sure.
I'm sorry.
11:27
11:27
11:27
11:27
11:27
Would you agree that the general shape
of the iPad is rectangular?
A.
11:27
11:27
The iPad and iPad 2 are rectangular in shape,
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yes.
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Q.
Do you think that rectangular shape
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contributes to the ease with which it can be held?
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MS. TAYLOR:
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THE WITNESS:
Objection, it's vague.
I believe the shape of the iPad
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does contribute to its being easy to hold.
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BY MR. KIDMAN:
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Q.
How about -- would you agree that both the
iPad and the iPad 2 have rounded corners?
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A.
By corners, what are you referring to?
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Q.
If you look at the iPad sort of from the top
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view, the corners appear rounded.
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Would you agree with that?
A.
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Yes, both iPad and iPad 2 feature rounded
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corners if you look at it from the top down.
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Q.
As opposed to pointed corners?
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A.
Yes, as opposed to pointed corners.
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Q.
Do you think the rounded corners of the iPad
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and the iPad 2 contribute to the ease with which it
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can be held?
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MS. TAYLOR:
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THE WITNESS:
Objection, it's vague.
I'm not sure the rounded
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corners contribute to it being easy to hold.
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BY MR. KIDMAN:
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Q.
In your view, is there any advantage from a
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user's point of view to having the rounded corners as
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opposed to, say, pointed corners?
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A.
I can certainly imagine that rounded corners
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would be preferable to certain other shapes of corners
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in a product like an iPad.
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Q.
Why is that?
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A.
Well, again, I have to compare it to
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something specific in order to answer that question,
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but as an example, if a corner of a product were made
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to be sharp, it could be painful to hold.
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Q.
Anything else that comes to mind?
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A.
That's just a specific example.
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Q.
Any other examples that come to mind?
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A.
Not readily.
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MR. KIDMAN:
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to change the tape.
Okay.
We need to take a break
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THE WITNESS:
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THE VIDEOGRAPHER:
Okay.
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This marks the end of disk
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number 1 to the videotaped deposition of Michael
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Tchao.
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The time is 11:29 a.m., we are off the
record.
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(Recess taken.)
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THE VIDEOGRAPHER:
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11:29
11:29
This marks the beginning
of disk number 2 to the videotaped deposition of
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Michael Tchao, the time is 11:40 a.m., we are back on
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the record.
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BY MR. KIDMAN:
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consumers?
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A.
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4
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Yes, we believe that it was for both iPad 1
and for iPad 2.
Q.
14:22
And why do you believe that to be an
important feature for consumers?
A.
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14:22
Because it speaks to its portability and
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because of its small size, it's able to be taken from
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place to place more easily.
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Q.
A thinner tablet's easier to transport or
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carry around, is that your understanding?
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consumers view it that way?
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A.
Do
14:23
14:23
14:23
Our belief is -- well, prior to the iPad,
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tablet PCs were thick and heavy and so we wanted to
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contrast iPad to those tablets, PCs that came before.
14:23
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Q.
And what benefits are there to consumers from
the iPad being thinner than what came before it?
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MS. TAYLOR:
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THE WITNESS:
Calls for speculation.
Our belief was -- the reason
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why we wanted to distinguish ourselves from those
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tablet PCs was because we felt the thinner, lighter
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iPad would be more portable and therefore be used in
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more situations and -- more readily than previous
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tablet PCs which had not seen much success.
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BY MR. KIDMAN:
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Q.
Do you believe that the flat screen that
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covers the front face of the iPad is an important
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feature to consumers?
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MS. TAYLOR:
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THE WITNESS:
Objection, it's vague.
I'm not sure I understand the
14:24
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question.
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BY MR. KIDMAN:
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8
Q.
Would you describe the iPad as having a flat
front surface?
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A.
Yes.
14:24
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Q.
And would you describe that flat front
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surface as covering the front of the iPad?
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MS. TAYLOR:
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THE WITNESS:
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aspect of the front?
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specifically?
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referring to.
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BY MR. KIDMAN:
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Q.
Objection, it's vague.
14:24
Again, you're referring to what
14:24
The entire front or the screen
14:25
I'm not sure I understand what you're
14:25
How would you describe the front surface of
14:25
the iPad?
14:25
A.
14:25
So the front surface of the iPad is a -- is a
piece -- a flat piece of glass.
Q.
14:25
And would you describe that flat piece of
14:25
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glass that makes up the front surface of the iPad as
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an important feature to consumers?
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MS. TAYLOR:
Objection, it's vague.
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THE WITNESS:
I'm not sure I know whether
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it's an important feature to consumers.
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BY MR. KIDMAN:
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Q.
Would you agree that the design of the iPad
defers to the screen?
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MS. TAYLOR:
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THE WITNESS:
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14:26
Objection, vague.
I would say -- we have said and
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I would say that the iPad is primarily screen.
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BY MR. KIDMAN:
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Q.
And why is that?
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A.
Because in our design, we have stripped away
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those other attributes -- those aspects of design and
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function from the front of the device so that you just
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can focus on the screen.
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Q.
And why do you want users to focus on the
screen?
A.
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14:26
Because on the iPad, they interact with their
information through the screen.
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Q.
Through the multi-touch features?
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A.
That's correct.
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Q.
So for that reason is it important to have a
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large screen area?
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MS. TAYLOR:
Objection, it's vague.
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THE WITNESS:
There are multi-touch
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devices -- in fact, we ship multi-touch devices that
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have smaller screens.
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BY MR. KIDMAN:
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Q.
What would be an example of that?
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A.
The iPhone has a three and a half inch
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screen, it's multi-touch.
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multi-touch device.
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Q.
It was our first
14:27
Does Apple do any research of competitive
product?
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MS. TAYLOR:
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THE WITNESS:
Objection, it's vague.
We do study competitive
14:28
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products from time to time.
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BY MR. KIDMAN:
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Q.
For what purpose?
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A.
There are a range of purposes that we look at
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competitor products.
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Q.
And what would those reasons be?
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A.
One reason might be to answer questions that
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the press might ask about our product relative to the
14:28
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competition.
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Q.
Any others?
14:29
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A.
Another reason might be to determine what
14:29
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features should be in future products or to benchmark
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our product against other products.
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Q.
Any others?
14:29
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A.
Another reason might be to determine if a
14:29
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