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

Filing 999

Administrative Motion to File Under Seal filed by Samsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Attachments: #1 Proposed Order Granting Motion to Seal, #2 Samsung's Opposition to Apple's Motion to Exclude Testimony of Samsung's Experts, #3 Declaration of Joby Martin in Support of Samsung's Opposition, #4 Exhibit A to the Martin Declaration, #5 Exhibit B to the Martin Declaration, #6 Exhibit C to the Martin Declaration, #7 Exhibit D to the Martin Declaration, #8 Exhibit E to the Martin Declaration, #9 Exhibit F to the Martin Declaration, #10 Exhibit G to the Martin Declaration, #11 Exhibit H to the Martin Declaration, #12 Exhibit I to the Martin Declaration, #13 Exhibit J to the Martin Declaration, #14 Exhibit K to the Martin Declaration, #15 Exhibit L to the Martin Declaration, #16 Exhibit M to the Martin Declaration, #17 Exhibit N to the Martin Declaration, #18 Exhibit O to the Martin Declaration, #19 Exhibit P to the Martin Declaration, #20 Exhibit Q to the Martin Declaration, #21 Exhibit R to the Martin Declaration, #22 Exhibit S to the Martin Declaration, #23 Proposed Order Denying Apple's Motion to Exclude Testimony of Samsung's Experts)(Maroulis, Victoria) (Filed on 5/31/2012)

EXHIBIT J

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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.,

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Plaintiff/Counterclaim Defendant,

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vs.

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SAMSUNG ELECTRONICS CO., LTD.,

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SAMSUNG ELECTRONICS AMERICA,

Case No. 11-cv-01846-LHK

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INC., SAMSUNG

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TELECOMMUNICATIONS AMERICA,

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LLC,

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Defendants/Conterclaim Plaintiffs,
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VIDEOTAPE DEPOSITION OF NICHOLAS P. GODICI

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Washington, D.C.

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Monday, May 7, 2012

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*Contains Confidential Portion Bound Separate*

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Job No.:

49275

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Reported by:
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SUSAN ASHE, RMR/CRR
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TSG Reporting - Worldwide

877-702-9580

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Monday, May 7, 2012

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9:01 a.m.

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Videotaped deposition of NICHOLAS P.

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GODICI, taken on behalf of Plaintiffs, at MORRISON &

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FOERSTER LLP, 2000 Pennsylvania Avenue, Northwest,

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Washington, D.C., beginning at 9:01 a.m., on Monday,

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May 7, 2012, before Susan Ashe, RMR/CRR.

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APPEARANCE OF COUNSEL:
FOR PLAINTIFF APPLE INC. AND THE WITNESS:

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MORRISON & FOERSTER LLP

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BY:

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555 West Fifth Street

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Los Angeles, California

CHARLES S. BARQUIST, ESQ.
90013

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FOR DEFENDANT SAMSUNG ELECTRONICS, INC.:
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QUINN EMANUEL URQUHART & SULLIVAN, LLP
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BY:

VICTORIA F. MAROULIS, ESQ.

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555 Twin Dolphin Drive, Suite 560
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Redwood Shores, California

94065

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ALSO PRESENT:

Jordan Mummert, Videographer

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office determines patentability to be helpful.

09:07

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But as stated in my report, I'm opining on

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how patent examiners view the scope of coverage when

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determining the patentability of a design

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application.

09:07

Q

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Are you familiar with the rules of claim

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construction that a district court applies to

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interpretation of a design patent?

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A

Well, in general, although that would not

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be something that I opined on necessarily directly

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in my report.

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Again, I think my report centers on how

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the patent office would look at a design application

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and determine patentability.

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Q

So, you're not offering an opinion then on

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what the proper scope of any of the design patents

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is in the district court infringement action.

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Is that correct?

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MS. MAROULIS:

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Objection; misstates the

report, vague.
A

09:08

Well, again, I'm attempting to -- and I

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would like to, if possible, if allowed to testify,

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explain to the court how the patent office and

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patent examiners look at claims in a design

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application when they evaluate the claims for

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TSG Reporting - Worldwide

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DECLARATION

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I hereby declare under penalty of perjury

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that the foregoing is my deposition under oath; that

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these are the questions asked of me and my answers

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thereto; and that I have read my deposition and have

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made the corrections, additions, or changes to my

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answers that I deem necessary.

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In witness whereof, I hereby subscribe my
name this

day of

, 2012.

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___________________________________
NICHOLAS P. GODICI

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