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

Filing 982

Declaration of Cyndi Wheeler in Support of #965 Administrative Motion to File Under Seal Samsung's Motion to Enforce April 12, 2012 Order filed byApple Inc.(a California corporation). (Attachments: #1 Exhibit One, #2 Proposed Order)(Related document(s) #965 ) (Bartlett, Jason) (Filed on 5/29/2012)

EXHIBIT 19
FILED UNDER SEAL

Highly Confidential - Attorneys' Eyes Only

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

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APPLE, INC., a California
corporation,

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Plaintiff,
vs.

CASE NO.
11-cv-01846-LHK

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SAMSUNG ELECTRONICS CO., LTD,
a Korean business entity;

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SAMSUNG ELECTRONICS AMERICA,
inc., A New York corporation;

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SAMSUNG TELECOMMUNICATIONS
AMERICA, LLC, a Delaware

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limited liability company,

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Defendants.
__________________________________/

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HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
VIDEOTAPED DEPOSITION OF EMILIE KIM

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March

7, 2012

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Job No. 47152

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Reported by:

LAURA AXELSEN, CSR NO. 6173
RMR, CRP, CLR

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TSG Reporting - Worldwide

877-702-9580

Highly Confidential - Attorneys' Eyes Only
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BE IT REMEMBERED THAT, pursuant to Notice and on
Wednesday, March 7, 2012 at 9:15 a m. thereof at 555 Twin
Dolphin Drive, Redwood Shores, California, before me,
LAURA AXELSEN, a Certified Shorthand Reporter, personally
appeared
EMILIE KIM,
called as a witness by the Defendants.
---oOo--APPEARANCES
FOR THE PLAINTIFF:
WILMERHALE
BY: VICTOR F. SOUTO, ESQ.
DEREK S. LAM, ESQ.
399 Park Avenue
New York, New York 10022
There being also present Erica Tierney, Apple
in-house counsel, and Tim Zuroff, video operator.

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INDEX
PAGE
EXAMINATION BY MR. STRETCH
---oOo--INDEX OF EXHIBITS
EXHIBIT

DESCRIPTION

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VIDEO OPERATOR: This is the start of disc No. 1 09:13
of the videotaped deposition of Emilie Kim in the matter
of Apple Incorporated versus Samsung Electronics Company
in the U.S. District Court Northern District of
California, San Jose division, No. 11 CV 01846 LHK.
09:15
This deposition is being held at Quinn Emanuel,
555 Twin Dolphin Drive, Redwood Shores, California on
March 7th, 2012 at approximately 9:15 a.m.
My name is Tim Zuroff. I'm the legal video
specialist from TSG Reporting, headquartered at 747 Third
09:15
Avenue, New York, New York. The court reporter is Laura
Axelsen in association with TSG reporting.
Will counsel please introduce yourself.
MR. STRETCH: Chris Stretch from Quinn Emanuel
Urquhart & Sullivan on behalf of Samsung.
09:15
MR. SOUTO: Vic Souto, WilmerHale, on behalf of
the witness and Apple, and with me is my colleague, Derek
Lam, also of WilmerHale, and Erica Tierney from Apple.
VIDEO OPERATOR: Will the court reporter please
swear in the witness.
09:16
EMILIE KIM
having been duly sworn, testified as follows:
EXAMINATION BY MR. STRETCH
MR. STRETCH: Q. Good morning, Ms. Kim.
A. Good morning.
09:16

PAGE

Exhibit 1 Samsung's Amended first 30(b)(6)
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Deposition Notice to Apple Inc.
(Technical Patent Topics)
Exhibit 2 E-mail dated February 23, 2012 to Diane 7
Hutnyan from Kolovos, Peter
Exhibit 3 Notice of deposition of Emilie Kim
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TSG Reporting - Worldwide

Q. Is it Ms. Kim or Mrs. -09:16
A. Ms. is fine.
Q. Ms. Okay. Uhm, have you ever been deposed
before?
A. No.
09:16
Q. Okay. Well welcome to the fray. Uhm, could you
state and spell your name for the record, please?
A. Emilie Kim, E-m-i-l-i-e, last name Kim, K-i-m.
Q. Okay. Let me just -- as I'm sure your attorney
has gone over with you about generally what to expect
09:16
here, but you understand you've just taken an oath to tell
the truth, and it's the same oath as if you were
testifying in court. Do you understand that?
A. Yes.
Q. Okay. Uhm, so as you can see, your testimony -- 09:17
my questions and your testimony are being recorded both
stenographically and by video. Uhm, it's important for
the stenographer to get a verbal response to the question.
So then shaking your head or nodding is hard for her to
pick up. So if you could verbally respond to my
09:17
questions, I appreciate it.
For the same reason, it's important that we
don't talk over each other. It tends to happen, uhm, uhm,
but I will try and wait until you have finished and
answered my question before I ask you a follow-up
09:17

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question. If you could wait until I'm finished my
09:17
question, give your counsel a chance to object, and then
answer, things will go smoother.
A. Okay.
Q. Okay. If I ask you a question that you don't
09:18
understand, or is not clear to you, just let me know, and
I'll try and rephrase it. I'm not an engineer. So you
know, it's quite likely to happen. But just let me know,
and I'll see if I can form a question that you do
understand.
09:18
As I said, your counsel may object at certain
times, but unless he instructs you not to answer a
question, you can still go ahead and answer. Do you
understand that?
A. Yes.
09:18
Q. Okay. Any time you want to take a break, just
let me know. I'd prefer we do so, uhm, while -- that we
not take a break while a question is pending, but if you
need to talk to your counsel about whether you can
disclose something, that's fine.
09:18
A. Okay.
Q. Any reason you can't give honest complete
truthful testimony here this morning?
A. No.
Q. Okay. I'm going to mark the first two exhibits. 09:19

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Actually, I think what we'll do is mark the first three

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exhibits. The first is Samsung's amended first 30(b)(6)

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deposition notice to Apple, Inc. will be Exhibit 1. And

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the court reporter will mark the exhibit that's the copy

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you should look at because that will be the official

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record of the deposition. Okay? So wait until she marks

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it and you can look at it.

ask you to look at Exhibit 1, which is the thick document, 09:21
I think, and you can take as much time as you like to look
through it, but I just want to make sure that we're all on
the same page as to the topics on which you're designated
to testify today. Those appear on page 14 of the notice.
09:22
Have you had a chance to look at that?
A. I looked through the document.
Q. Okay. If you will turn to page 14 of the
document and compare that with what I marked, I think, as
deposition Exhibit 2, which is an e-mail designating you
09:24
to testify on certain topics. Uhm, do you understand that
you've been designated by Apple to testify on behalf of
Apple with respect to topics 30, 31, 33, 34, and 36?
MR. SOUTO: Subject to Apple's objections.
THE WITNESS: Yes.
09:25
MR. STRETCH: Q. Okay. Now, uhm, so that
we're all on the same page here, each of these topics asks
about Apple accused products. Uhm, if you could turn to
page 6 of this document, and it's paragraph 28, and by
this document, I mean Exhibit 1. You'll see that
09:25
paragraph 28 provides a definition of Apple accused
products. And you'll see down at the very bottom of that
paragraph it identifies a number of Apple products. Are
you prepared to testify with respect to the topics we've
identified about each of these products that are
09:26

09:19

(EXHIBIT 1 WAS MARKED FOR IDENTIFICATION.)

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MR. STRETCH: Q. I'm going to mark as

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deposition Exhibit 2, an e-mail from Peter Kolovos. Am I

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saying that right?

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09:20

MR. SOUTO: Kolovos, but that's New Jersey

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talking.
MR. STRETCH: Q. To Diane Hutnyan designating

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Ms. Kim to testify on certain topics related to the rule

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30(b)(6) notice that we just marked Exhibit 1. So that

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will be Exhibit 2.

09:20

(EXHIBIT 2 WAS MARKED FOR IDENTIFICATION.)

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MR. STRETCH: Q. And finally, I'm going to

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mark a Notice of Deposition of Emilie Kim, which we served

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yesterday is my understanding, and that will be Exhibit

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No. 3.

09:20

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(EXHIBIT 3 WAS MARKED FOR IDENTIFICATION.)

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THE WITNESS: Excuse me.

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MR. STRETCH: Q. Excuse me. Uhm, if I could

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09:19

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TSG Reporting - Worldwide

identified here?
09:26
MR. SOUTO: Subject to Apple's objections and
your infringement contentions which identify the
particular products for these patents.
THE WITNESS: Yes.
09:27

09:28

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