Sony Style 072912

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TUCHER DECL. ISO APPLE’S REPLY RE MOT. TO ENFORCE COURT ORDERS RE SONY DESIGNS CASE NO. 11-CV-01846 LHK (PSG) sf-3176367

HAROLD J. MCELHINNY (CA SBN 66781) [email protected] MICHAEL A. JACOBS (CA SBN 111664) [email protected] RACHEL KREVANS (CA SBN 116421) [email protected] JENNIFER LEE TAYLOR (CA SBN 161368) [email protected] ALISON M. TUCHER (CA SBN 171363) [email protected] RICHARD S.J. HUNG (CA SBN 197425) [email protected] JASON R. BARTLETT (CA SBN 214530) [email protected] MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: (415) 268-7000 Facsimile: (415) 268-7522 Attorneys for Plaintiff and Counterclaim-Defendant APPLE INC.

WILLIAM F. LEE [email protected] WILMER CUTLER PICKERING HALE AND DORR LLP 60 State Street Boston, MA 02109 Telephone: (617) 526-6000 Facsimile: (617) 526-5000 MARK D. SELWYN (SBN 244180) [email protected] WILMER CUTLER PICKERING HALE AND DORR LLP 950 Page Mill Road Palo Alto, California 94304 Telephone: (650) 858-6000 Facsimile: (650) 858-6100

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

APPLE INC.,

Plaintiff,

v.

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.

Case No. 11-cv-01846-LHK (PSG)

REPLY DECLARATION OF ALISON M. TUCHER IN SUPPORT OF APPLE’S MOTION TO ENFORCE COURT ORDERS REGARDING SONY DESIGNS

Case5:11-cv-01846-LHK Document1438 Filed07/29/12 Page1 of 3

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TUCHER DECL. ISO APPLE’S REPLY RE MOT. TO ENFORCE COURT ORDERS RE SONY DESIGNS CASE NO. 11-CV-01846 LHK (PSG) 1sf-3176367

I, Alison M. Tucher, declare as follows:

1. I am a partner with the law firm of Morrison & Foerster LLP, counsel for Apple

Inc. (“Apple”). I am licensed to practice law in the State of California. I have personal

knowledge of the matters stated herein. I make this Reply Declaration in Support of Apple’s

Motion to Enforce Court Orders Regarding Sony Designs.’

2. I am informed by one of my law partners that Apple produced .jpeg files showing

a model made of the design in Mr. Nishibori’s “Sony-style” CAD drawings just a few hours after

those files came into Apple’s possession. Counsel recovered the .jpeg images from Mr. Nishibori

shortly before his deposition.

3. Attached hereto as Exhibit A is a true and correct copy of excerpts from the

deposition transcript of Richard Howarth, taken July 16, 2012.

4. Attached hereto as Exhibit B is a true and correct copy of excerpts from the

deposition transcript of Shin Nishibori, taken May 2, 2012.

5. Attached hereto as Exhibit C is a true and correct copy of excerpts from the

deposition transcript of Christopher Stringer, taken November 4, 2011.

I declare under penalty of perjury that the foregoing is true and correct. Executed this

28th day of July, 2012 at San Jose, California.

/s/ Alison M. Tucher Alison M. Tucher


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TUCHER DECL. ISO APPLE’S REPLY RE MOT. TO ENFORCE COURT ORDERS RE SONY DESIGNS CASE NO. 11-CV-01846 LHK (PSG) 2sf-3176367

ATTESTATION

I, Michael A. Jacobs, am the ECF User whose ID and password are being used to file this

Declaration. In compliance with General Order 45, X.B., I hereby attest that Alison M. Tucher

has concurred in this filing.

Dated: July 28, 2012

/s/ Michael A. Jacobs Michael A. Jacobs


Exhibit A

Case5:11-cv-01846-LHK Document1438-1 Filed07/29/12 Page1 of 5

Confidential Attorneys' Eyes Only

TSG Reporting - Worldwide (877)702-9580

Page 1

1 UNITED STATES DISTRICT COURT2 NORTHERN DISTRICT OF CALIFORNIA3 SAN JOSE DIVISION4 APPLE INC., a California

corporation,5

6 Plaintiff,7 vs. Case No. 11-cv-01846-LHK8 SAMSUNG ELECTRONICS CO., LTD.,

a Korean business entity;9 SAMSUNG ELECTRONICS AMERICA,

INC., a New York corporation;10 SAMSUNG TELECOMMUNICATIONS

AMERICA, LLC, a Delaware11 limited liability company,12 Defendants.

---------------------------------/13

14

15 CONFIDENTIAL16 ATTORNEYS' EYES ONLY17 18 VIDEOTAPED DEPOSITION OF RICHARD HOWARTH

San Francisco, California19 Monday, July 16, 201220

21

22 Reported by:

LORRIE L. MARCHANT, CSR No. 1052323 RPR, CRR, CCRR, CLR24 JOB NO. 5174025




Page 58

1 designing the -- when the team was designing the 03:502 iPhone, we -- we wondered, as you might, just 03:503 what -- what might the competition would do. There 03:514 was no competition for us at the time. 03:515 But it was -- we wondered, well, yeah, 03:516 what -- what -- what might Sony, you know, for 03:517 instance do if they were -- if they had our 03:518 technology and -- and would create that product. 03:519 So I think Jony asked him to -- to have a 03:51

10 look and see, since he was Japanese, what he might 03:5111 do. 03:5112 Q. Is there anything else that you can 03:5113 remember about the -- about the project that 03:5114 Mr. Nishibori was asked to do on the Sony style? 03:5115 A. I'm not sure it was a project. But, you 03:5116 know, just a little aside, really. 03:5117 Q. I -- regardless of whether it's a project 03:5118 or exercise, whatever the case may be, do you 03:5119 remember anything else about it? 03:5120 A. I remember -- not in huge, massive detail. 03:5221 Q. But, generally speaking -- and by the way, 03:5222 I'm going to show you a couple of documents here in 03:5223 a minute that may jog your memory. But I'm just 03:5224 trying to find out if there's anything so far that 03:5225 you recall generally about what Mr. Nishibori did on 03:52

Page 60

1 Q. And the model that you referred to, did it 03:542 look like this design that's shown in the -- the CAD 03:543 drawings here, Exhibit 1172? 03:554 A. Which model? 03:555 Q. The one that you're referring to where you 03:556 and Mr. Nishibori were -- were walking and had 03:557 picked up a model. 03:558 A. It was similar to this. It looks like -- 03:559 pretty similar to this if you took the Sony details, 03:55

10 Sony-ish details off that he added. 03:5511 Q. And so when you're referring to "the 03:5512 details," please identify for me what are the 03:5513 portions of what's shown here in Exhibit 1172 that 03:5514 Mr. Nishibori came up with as opposed to what was 03:5515 that preexisting design that you're referring to. 03:5516 A. It looks -- it was a long time ago, but I 03:5517 think it was the receiver detail right there looks a 03:5518 little like -- that was different than what we -- 03:5519 the model that was on the table. 03:5620 The Sony -- the buttons here on the bottom 03:5621 look like they were sort of added. And the Sony 03:5622 logo and this -- what looks like it's sort of the 03:5623 green button on the side, the jog dial, kind of -- 03:5624 that's quite a Sony -- classic Sony detail, really. 03:5625 Q. Anything else? 03:56

Page 59

1 this Sony style. 03:522 A. Well, I remember that we were heading 03:523 down -- we -- we were working on, you know, 03:524 different directions. And Shin and I walked over to 03:525 the table when -- when he was just starting to think 03:526 about it, and -- the project design table, and we 03:527 were having a chat about it. 03:528 And we picked up a model off the table 03:529 that -- that we liked, that we had done previously. 03:52

10 And -- and so Shin was going to base the design -- 03:5311 his, you know, exploration on this model and add a 03:5312 few Sony-esque sort of details to it. Because 03:5313 that's -- yeah, that's what we -- that's what we 03:5314 wanted to do. 03:5315 Q. Anything else you can remember? 03:5316 A. Not -- not a lot, really. No. 03:5317 Q. Let me show you what was previously marked 03:5318 as Exhibit 1172. And for the record, we're -- we 03:5319 marked this as TX623. 03:5320 A. Okay. 03:5421 Q. Do you recognize what's shown here in 1172 03:5422 as the Sony-style design that Mr. Nishibori was 03:5423 working on that you were discussing? 03:5424 A. It looks -- it looks pretty similar to it, 03:5425 m-hm. 03:54

Page 61

1 A. The connector on the bottom perhaps looks a 03:562 little bit like a Sony-ish connector. 03:563 Q. On the back side, where the camera lens is 03:564 depicted, was that something that Mr. Nishibori 03:565 added to it? 03:566 A. I don't think so. I think we had -- we had 03:567 a camera in the corner already. 03:568 Q. And then that preexisting model that you're 03:579 referring to, did it have exactly the same shape as 03:57

10 what's shown here in the CAD drawings? 03:5711 MS. TAYLOR: Objection. Vague. 03:5712 THE WITNESS: I'm not sure if it had 03:5713 exactly the same shape as that in the CAD drawings. 03:5714 Similar. 03:5715 BY MR. ZELLER: 03:5716 Q. Do you recall if there were differences? 03:5717 A. I can't recall exactly right now. 03:5718 Q. And did the -- the preexisting model that 03:5719 you're referring to, did that have a name? 03:5720 A. I don't know if it had a name. It 03:5721 looked -- it looked like that (indicating). 03:5722 Q. And for the record, you're referring to 03:5723 the -- the model that's on the left, on page ending 03:5724 121 of TX562? 03:5725 A. Right. Yeah. This device (indicating). 03:57




Page 62

1 Q. All right. We're going to come back to 03:582 that in a moment. I just wanted to make sure we had 03:583 a clear record on what you were pointing to. 03:584 A. Okay. 03:585 Q. In terms of the -- just that -- that shape, 03:586 the rectangular shape with the rounded corners, 03:587 exactly as it's shown here in the CAD drawings of 03:588 Exhibit 1172, are you able to say one way or another 03:589 whether Mr. Nishibori changed those at all? 03:58

10 MS. TAYLOR: Asked and answered. 03:5811 THE WITNESS: I'm not sure whether he 03:5812 changed them. 03:5813 BY MR. ZELLER: 03:5814 Q. And then you'll see that there's that -- in 03:5815 the side views there's the metal band kind of design 03:5816 shown here on the first page of 1172. 03:5817 You see what I'm referring to? 03:5818 A. I don't know what material it is, but I see 03:5819 there's a band there. 03:5820 Q. And was that band portion that's depicted 03:5821 here in the CAD drawings also part of that model 03:5822 that -- that you saw that was preexisting? 03:5823 A. Yeah. 03:5924 Q. What were the sides? More like what's 03:5925 shown here in TX562? 03:59

Page 64

1 you say "it's only half a step away from"? 04:002 A. I'm not sure. I think I'm saying that 04:003 Shin's -- the thing that Shin was working on is 04:004 similar to the -- to what we were working on 04:015 previously. 04:016 Q. So then focusing on the model that's there 04:017 on the left, shown on page 121, which is the black 04:018 one, was there -- was there a name that you used for 04:019 this model? 04:01

10 A. I can't remember. 04:0111 Q. Was this more in that style of the -- the 04:0112 Sony-style chappy that's being referred to here? 04:0113 MS. TAYLOR: Objection. Vague. 04:0114 THE WITNESS: Yeah. I'm not sure what you 04:0115 mean by "in the style of." 04:0116 BY MR. ZELLER: 04:0117 Q. Well, here's what I'm trying to understand, 04:0118 and maybe I -- I need to rephrase it. 04:0119 You just say here in the first sentence of 04:0120 your e-mail, I'm worried about the extrudo shape 04:0121 we're using for P2, et cetera. Looking at what Shin 04:0222 is doing with the Sony-style chappy, he's able to 04:0223 achieve a much smaller looking product with a much 04:0224 nicer shape to have next to your ear and in your 04:0225 pocket. 04:02

Page 63

1 A. They seem pretty similar to me. 03:592 Q. And when you say "pretty similar," what's 03:593 shown there in 1172, in that respect does the band 03:594 look similar to the model that's shown here in 562? 03:595 A. Roughly. 03:596 Q. And do you recall whether Mr. Nishibori 03:597 made any changes to that -- that band apart from the 03:598 jog wheel that you mentioned? 03:599 A. I can't be sure exactly. 03:59

10 Q. And focusing, then, on that preexisting 03:5911 model that you saw, who created that design? 03:5912 A. This one (indicating)? 03:5913 Q. Well, I -- let me rephrase the question, 04:0014 then, for a moment. 04:0015 Because in your e-mail -- and this is on 04:0016 the first page of TX562 -- you refer to "what Shin 04:0017 is doing with the Sony-style chappy" -- 04:0018 A. Sorry. 04:0019 Q. And then you go to say, Also note that it's 04:0020 only half a step away from where we were with the 04:0021 metal band, black inside, before we changed to the 04:0022 three equal striped sandwich, which I show below. 04:0023 Do you see that language? 04:0024 A. I see that. 04:0025 Q. And so what are you referring to there when 04:00

Page 65

1 Do you see that? 04:022 A. Yeah. I can see that. 04:023 Q. And so what are you referring to here when 04:024 you say "the Sony-style chappy"? 04:025 A. I can't be sure exactly, but I think 04:026 it's -- I think it was something that Shin was 04:027 working on, which was -- you know, this is something 04:028 that Shin had a go at. 04:029 Q. And then focus on that model, then, that's 04:02

10 on the left-hand side, on page 121 of TX562 -- 04:0211 A. Okay. 04:0212 Q. -- is this a model that was created after 04:0213 Mr. Nishibori was working on this design that's 04:0214 shown in 1172? 04:0215 A. No. I don't believe so. I think this was 04:0216 created before. 04:0217 Q. In looking at the model that's depicted 04:0318 here on the left-hand side on page ending 121, did 04:0319 Mr. Nishibori contribute anything to the design 04:0320 that's shown there? 04:0321 A. Shin is part of the design team, so he 04:0322 could well have contributed. You know, as we do, 04:0323 you know, it's a conversation that's constantly 04:0324 happening between us all. 04:0325 Q. Do you have any information about the 04:03




Page 86

1 CERTIFICATE2

STATE OF CALIFORNIA )3 : ss

COUNTY OF SONOMA )45 I, Lorrie L. Marchant, a Certified Shorthand6 Reporter, a Registered Professional Reporter, a7 Certified Realtime Reporter, and a Certified8 Realtime Professional within and for the State of9 California, do hereby certify:

10 That RICHARD HOWARTH, the witness whose11 deposition is herein set forth, was duly12 sworn/affirmed by me and that such deposition is a13 true record of the testimony given by such witness.14 I further certify that I am not related to any15 of the parties to this action by blood or marriage16 and that I am in no way interested in the outcome of17 this matter.18 In witness whereof, I have hereunto set my hand19 this 16th day of July, 2012.20212223 ---------------------------------------------

LORRIE L. MARCHANT, CSR, RPR, CRR, CLR, CCRR24 CSR No. 1052325

Page 88

1 NAME OF CASE: Apple v. Samsung (U.S. District)2 DATE OF DEPOSITION: 7/16/20123 NAME OF WITNESS: Richard Howarth4 Reason Codes:5 1. To clarify the record.

2. To conform to the facts.6 3. To correct transcription errors.7 Page ______ Line ______ Reason ______

From _____________________ to _____________________8

Page ______ Line ______ Reason ______9 From _____________________ to _____________________

10 Page ______ Line ______ Reason ______From _____________________ to _____________________

11Page ______ Line ______ Reason ______

12 From _____________________ to _____________________13 Page ______ Line ______ Reason ______

From _____________________ to _____________________14

Page ______ Line ______ Reason ______15 From _____________________ to _____________________16 Page ______ Line ______ Reason ______

From _____________________ to _____________________17


From _____________________ to _____________________20


From _____________________ to _____________________23

__________________________24 RICHARD HOWARTH25

Page 87

1 I N D E X2 INDEX OF EXAMINATION3 PAGE4 MR. ZELLER 55 ---oOo---6 INDEX OF EXHIBITS7 DESCRIPTION PAGE8 Exhibit TX579 e-mail and attachments to 4

Jonathan Ive from Richard Howarth,9 dated 3/8/2006, subject: on: the

sony vs apple competition10 (Production Nos. APLNDC0003040119 -

APLNDC0003040124)11

Exhibit TX562 e-mail to David Tupman, 5212 cc'ed to various other recipients,

from Andrew Bright, dated 6/4/2010,13 subject: reciever up high in Y

(Production Nos. APLNDC0002326562 -14 APLNDC0002326563)15 ---oOo---16 PREVIOUSLY-MARKED EXHIBITS17 Exhibit 6 United States Design Patent, Andre,

et al., Patent No. D593,087 S18

Exhibit 7 United States Design Patent, Andre,19 et al., Patent No. D618,677 S20 Exhibit 1172 Images of Sony phone

(Production Nos. APLNDC-NC00000274 -21 APLNDC-NC0000000281)22 ---oOo---232425


Exhibit B


Confidential Business InformationHighly Confidential Attorney's Eyes Only

TSG Reporting - Worldwide 877-702-9580

Page 1

1 UNITED STATES INTERNATIONAL TRADE COMMISSION2 Washington, D.C.3 In the Matter of )

)4 CERTAIN ELECTRONIC DIGITAL ) Inv. No. 337-TA-796

MEDIA DEVICES AND )5 COMPONENTS THEREOF )

)6

7

8 UNITED STATES DISTRICT COURT9 NORTHERN DISTRICT OF CALIFORNIA

10 SAN JOSE DIVISION11 APPLE INC., a California ) CIVIL NO. 11-CV-01846-LHK

corporation, )12 )

Plaintiff, )13 )

vs. )14 )

SAMSUNG ELECTRONICS CO., )15 LTD., a Korean business )

entity; SAMSUNG ELECTRONICS )16 AMERICA, INC., a New York )

corporation; and SAMSUNG )17 TELECOMMUNICATIONS AMERICA, )

LLC, a Delaware limited )18 liability company, )

)19 Defendants. )

)20

21 CONFIDENTIAL BUSINESS INFORMATION22 HIGHLY CONFIDENTIAL ATTORNEYS' EYES ONLY23 VIDEOTAPED DEPOSITION OF SHIN NISHIBORI24 MAY 2, 2012 HONOLULU, HAWAII25 TSG JOb # 49110 Reporter: ADRIANNE IGE KURASAKI




Page 22

1 INTERPRETED ANSWER: Yes, it was a very 10:37AM2 short time period because I was doing this on 10:37AM3 the side of my project. So the idea itself was 10:37AM4 about two days. And I worked with Carlos for 10:37AM5 the drawing rendering. And so would be two 10:38AM6 weeks. So if it's longer than this, it was 10:38AM7 around two weeks that it took. 10:38AM8 BY MR. ZELLER: 10:38AM9 Q And was the March of 2006 time period 10:38AM

10 when you began working on this design idea here? 10:38AM11 A I do not remember specific dates. I do 10:38AM12 not remember. 10:38AM13 THE CHECK INTERPRETER: "To that 10:38AM14 extent." 10:38AM15 BY MR. ZELLER: 10:38AM16 Q Is it fair to say that you recall first 10:38AM17 coming up with the idea for the design and then 10:38AM18 working very soon thereafter on these designs 10:38AM19 that are in Exhibit 1? 10:38AM20 (The Check Interpreter speaks in Japanese.) 10:39AM21 MS. TAYLOR: Objection. Vague. 10:39AM22 Translate. 10:39AM23 (Whereupon, the Interpreter translates.) 10:39AM24 INTERPRETED ANSWER: Well, may I explain 10:39AM25 how the direction of this process -- rather, may 10:40AM

Page 24

1 INTERPRETED ANSWER: Your question, your 10:43AM2 last question is about did you come up with an 10:43AM3 idea and started with this. However, I'd like 10:43AM4 to say that it came -- first came from Jonathan 10:43AM5 Ive -- 10:43AM6 THE INTERPRETER: I'm sorry. Strike 10:43AM7 that. 10:43AM8 INTERPRETED ANSWER: Your last question 10:43AM9 was about did you come up with an idea and then 10:43AM

10 started the project and then did the rendering 10:43AM11 or CAD. But it's not. I'd like to say that it 10:43AM12 came from Jonathan Ive first and then I came up 10:43AM13 with an idea and it started then. 10:43AM14 MS. TAYLOR: Were you correcting your 10:44AM15 interpretation or did he strike his answer? 10:44AM16 THE INTERPRETER: Yes, I said -- when 10:44AM17 the Interpreter said "strike that," the 10:44AM18 interpreter was correcting the entire 10:44AM19 interpretation, yes. So anything after "strike 10:44AM20 that" is my interpretation. 10:44AM21 MR. ZELLER: The witness didn't say 10:44AM22 "strike that"? 10:44AM23 THE INTERPRETER: No. 10:44AM24 BY MR. ZELLER: 10:44AM25 Q So just so we have a clear understanding 10:44AM

Page 23

1 I explain how this idea came out? 10:40AM2 BY MR. ZELLER: 10:40AM3 Q Please. 10:40AM4 A First, Jonathan Ive talked to me. 10:40AM5 "Well, Shin, I have something to talk to you 10:40AM6 about." 10:40AM7 And he said, "You can just do this on 10:41AM8 your side of your job. Just relax and enjoy 10:41AM9 doing this. But can you start -- can you try 10:41AM

10 working on to create something that represents 10:41AM11 something that if Sony attempts to create an 10:41AM12 iPhone." 10:41AM13 That's what he told me. But because of 10:41AM14 my English, I'm not sure if I clearly understood 10:41AM15 him. But this was what I understood. 10:41AM16 THE CHECK INTERPRETER: Proposed 10:41AM17 correction: "He said, 'You can do this as an 10:41AM18 aside of your job and enjoy -- I want you to 10:42AM19 enjoy doing this. But if Sony were to make an 10:42AM20 iPhone, what would it be like? Would you make 10:42AM21 it for me?' And because my English -- because 10:42AM22 of my English, I'm not sure if I clearly 10:42AM23 understood him, but this is what I understood." 10:42AM24 THE INTERPRETER: May the interpreter 10:42AM25 ask the witness to repeat his answer again? 10:42AM

Page 25

1 of this, so as you understood the conversation 10:44AM2 you had with Mr. Ive, Mr. Ive was the one who 10:44AM3 came up with the idea to say what would Sony do. 10:44AM4 And that was the project that you started on? 10:44AM5 (The Check Interpreter speaks in Japanese.) 10:44AM6 INTERPRETED ANSWER: Well, it is not 10:45AM7 that Jony came up with specific design idea to 10:45AM8 me. But we did have a conversation and this is 10:45AM9 what Jony said. And there's not -- what I just 10:45AM

10 told you is all, everything. And there's 10:45AM11 nothing other than that. 10:45AM12 BY MR. ZELLER: 10:45AM13 Q Let me try it this way: Mr. Ive gave 10:45AM14 you the general direction to work on an idea for 10:46AM15 what Sony would do and then you came up with the 10:46AM16 specific design idea? 10:46AM17 A Right. I do not know who had the 10:46AM18 original idea. But it is true that the 10:46AM19 direction came from Ive. He asked me to make 10:46AM20 something -- he request me -- requested me to 10:47AM21 make something like that. So, yes, that's true. 10:47AM22 THE CHECK INTERPRETER: "And then I went 10:47AM23 forward with it." 10:47AM24 BY MR. ZELLER: 10:47AM25 Q And then what you did, in terms of 10:47AM




Page 30

1 chance to look at the images in Exhibit 2. 10:57AM2 A Okay. 10:57AM3 Q Do you recognize what these images are? 10:57AM4 (The Check Interpreter speaks in Japanese.) 10:57AM5 INTERPRETED ANSWER: Hai. 10:57AM6 BY MR. ZELLER: 10:57AM7 Q Please tell us what you recognize them 10:57AM8 as. 10:57AM9 A It is -- these are renderings that I 10:57AM

10 created based on my own thoughts or my 10:57AM11 understanding of Sony-like designs -- Sony's 10:57AM12 design, based on the request of Jonathan Ive. 10:58AM13 Q And then when we looked at Exhibit 1, we 10:58AM14 saw that there were some file dates for March of 10:58AM15 2006. 10:58AM16 (The Check Interpreter speaks in Japanese.) 10:58AM17 THE CHECK INTERPRETER: The witness 10:58AM18 said, "Yes." 10:58AM19 MR. ZELLER: Give me the translation. 10:58AM20 THE INTERPRETER: Sorry. 10:58AM21 INTERPRETED ANSWER: Yes. 10:58AM22 BY MR. ZELLER: 10:58AM23 Q Do you recall whether or not the 10:58AM24 renderings in Exhibit 2 were done at the same 10:58AM25 time as these renderings in Exhibit 1 or were 10:58AM

Page 32

1 other computer there at Apple, like your own 11:01AM2 computer that you know of, other than the CAD 11:01AM3 operator's computer? 11:01AM4 I'm sorry. Let me withdraw that. 11:01AM5 THE INTERPRETER: Yes, I'm so sorry. 11:01AM6 If the interpreter may ask for a few minutes of 11:01AM7 break, that would be wonderful. 11:01AM8 MR. ZELLER: Sure. Absolutely. Yeah. 11:01AM9 We'll do that. 11:01AM

10 THE VIDEOGRAPHER: Off the record. It's11 11:02 a.m.12 (A recess was taken from 11:02 a.m. to 11:11 a.m.)13 THE VIDEOGRAPHER: This will be the 11:11AM14 start of Tape No. 2. We are on the record. It 11:11AM15 is now 11:12 a.m. 11:12AM16 BY MR. ZELLER: 11:12AM17 Q Focusing your attention on the CAD 11:12AM18 renderings that we've marked as Exhibits 1 and 11:12AM19 2. Do you know what computers those CAD images 11:12AM20 were on? 11:12AM21 A I'm sorry, this is what Carlos did, so 11:12AM22 the only knowledge that I have is that was done 11:12AM23 by -- or on Carlos' computer. 11:12AM24 Q Do you remember whether those CAD images 11:12AM25 were ever on your computer? 11:13AM

Page 31

1 they done later on? 10:58AM2 A In my recollection, the ones listed here 10:59AM3 from one, two, three, four, five, six, seven, 10:59AM4 are the ones here, listed as jpegs here. 10:59AM5 Q So you think these are the same images? 10:59AM6 A I think they are the same. 10:59AM7 Q And I take it that the Sony-like designs 10:59AM8 that were done in CAD form that you worked on 10:59AM9 with the CAD operator, were they on Apple's CAD 10:59AM

10 system? 10:59AM11 MS. TAYLOR: Objection. Vague. 11:00AM12 INTERPRETED ANSWER: Well, I'm not too 11:00AM13 sure about what you're referring to as "CAD 11:00AM14 system," whether you're calling it as the 11:00AM15 software company. If you're asking about the 11:00AM16 location of CAD system and Apple -- 11:00AM17 MS. TAYLOR: Wait, wait. 11:01AM18 THE CHECK INTERPRETER: She's not done. 11:01AM19 INTERPRETED ANSWER: -- then it is. 11:01AM20 THE CHECK INTERPRETER: "If you're 11:01AM21 asking about the location of the CAD system at 11:01AM22 Apple company, if that's where it was made, 11:01AM23 then, no doubt, it was made there." 11:01AM24 BY MR. ZELLER: 11:01AM25 Q Was the -- were these CAD images on any 11:01AM

Page 33

1 A For this picture -- well, I had the need 11:13AM2 to send these pictures to Jonathan Ive, who was 11:13AM3 on business trip, by e-mail. So I incorporated 11:13AM4 those pictures into my computers. However, it 11:13AM5 was not the CAD image. It was on jpeg. 11:14AM6 Q So there were jpeg images of the CAD 11:14AM7 renderings that were made and then you e-mailed 11:14AM8 those to Mr. Ive? 11:14AM9 A Right. 11:14AM

10 Q Were any of those jpeg images the ones 11:14AM11 that are here in Exhibit 2? 11:14AM12 A Yes, these are the ones that was sent to 11:14AM13 him. 11:14AM14 Q Are they all of the jpegs? 11:14AM15 A I'm not sure if it's all. 11:14AM16 Q Let me try it this way: Of the jpegs 11:15AM17 that you sent, do you recognize these as being 11:15AM18 the jpegs that you sent, all of these pages? 11:15AM19 A I'd like to confirm, what do you mean 11:15AM20 "sent," mean to sent to Jonathan Ive; correct? 11:15AM21 Q Right. 11:15AM22 A It was very difficult to send everything 11:16AM23 by e-mail, so I'm sure I selected some and 11:16AM24 omitted some and sent it to him by e-mail. 11:16AM25 I believe that the ones I sent to him 11:16AM




Page 34

1 was the one -- were the ones that could show 11:16AM2 details. Because as -- the details, for 11:16AM3 example, the buttons and switches, are the ones 11:17AM4 that I had represented Sony's image to express. 11:17AM5 That is why. 11:17AM6 Q So if I understand correctly, with 11:17AM7 respect to the images in Exhibit 2, you sent at 11:17AM8 least some subset of them to Mr. Ive as jpegs? 11:17AM9 A Yes. 11:17AM

10 Q And I take it when you sent that, you 11:17AM11 did a cover e-mail that went with the images? 11:17AM12 A Not in my recollection. 11:18AM13 Q When you say not in your recollection, 11:18AM14 you just sent -- how did you transmit them to 11:18AM15 Mr. Ive? 11:18AM16 A In my recollection, it was quite simple, 11:19AM17 addressed to Jony, and it was about -- it was 11:19AM18 regarding Sony and I came up with a rendering, 11:19AM19 please take a look at it. It was a very simple 11:19AM20 paragraph. And I selected some pictures out of 11:19AM21 it and then I put it onto the mail application 11:19AM22 and sent it off to him. 11:19AM23 Q If I understand then correctly, you 11:19AM24 attached at least some of these images as jpegs 11:19AM25 to an e-mail that you sent to Mr. Ive over 11:19AM

Page 36

1 just don't have a clear memory one way or 11:22AM2 another whether anyone else was on the e-mail? 11:22AM3 A Yes. But one thing I'd like to point 11:22AM4 out is that nobody was on this project -- 11:22AM5 rather, it's not a project. It is a Sony thing. 11:22AM6 Sony story. 11:23AM7 Nobody else was involved. So I just 11:23AM8 assumed that nobody else is involved or heard 11:23AM9 anything or involved in the e-mail. But I 11:23AM

10 didn't really -- I do not really see the actual 11:23AM11 e-mail myself, so I don't -- I can't answer 11:23AM12 hundred percent. 11:23AM13 Q Did you actually type up the e-mail to 11:23AM14 Mr. Ive and send it to him or did someone else 11:23AM15 do that? 11:23AM16 A Myself. I did it myself. 11:23AM17 Q Do you recall about how much time passed 11:23AM18 between the time you got the general direction 11:23AM19 from Mr. Ive to do this work and then when you 11:23AM20 came up with these CAD images that are 11:23AM21 Exhibits 1 and 2? 11:23AM22 A Yes. Yes, from the idea to the 11:24AM23 completion of the sketch, it probably took 11:24AM24 between one week to ten days. I would say less 11:24AM25 than ten days. 11:24AM

Page 35

1 Apple's e-mail system? 11:19AM

2 A Yes, that's correct. 11:20AM3 Q And then your e-mail had the text that 11:20AM

4 you described? 11:20AM

5 A Yes. Yes. 11:20AM6 Q Do you remember, was anyone other than 11:20AM

7 yourself and Mr. Ive on this e-mail? 11:20AM

8 A Well, it's not clear. I'm on -- I had a 11:20AM

9 direct communication with Jonathan Ive only and 11:21AM

10 I was really doing this on the side, so I do not 11:21AM11 think so. But this is -- maybe. 11:21AM

12 Q Do you remember one way or another? 11:21AM

13 A Yes. 11:21AM14 THE INTERPRETER: The interpreter will 11:21AM

15 repeat the question. 11:21AM

16 INTERPRETED ANSWER: Are you asking who 11:21AM17 was in or who was not in? 11:21AM

18 MR. ZELLER: Well, I'm just trying to 11:21AM

19 make sure I understand your last answer. 11:21AM20 If you could translate. 11:21AM

21 (Whereupon, the Interpreter translates.) 11:21AM

22 INTERPRETED ANSWER: If I answer 11:21AM23 clearly, I do not know. 11:21AM

24 BY MR. ZELLER: 11:21AM

25 Q That's what I wanted to make sure is you 11:21AM

Page 37

1 And the reason is that -- that I was 11:25AM2 trying to accelerate the process was that 11:25AM3 Jonathan Ive was on business trip and I wanted 11:25AM4 to finish creating the model before he returns. 11:25AM5 So I was sending him e-mails and then I -- and 11:25AM6 then I got his confirmations. And then from the 11:25AM7 very short turnaround time, I sent the model to 11:26AM8 the outsourcing company to make it and then 11:26AM9 completed it. 11:26AM

10 Q At the time when Mr. Ive gave you the 11:26AM11 general direction, were you familiar with Sony 11:26AM12 designs? 11:26AM13 A Part of the reason is that I worked for 11:27AM14 Panasonic for nine years. And my latter half of 11:27AM15 my employment, for four and a half years, I was 11:27AM16 involved in the audio division. And a part of 11:27AM17 me, I have a respect for Sony products. And I 11:27AM18 had some image in my head about what Sony 11:28AM19 products are; so, for example, switches or 11:28AM20 things like that that's specific to Sony. 11:28AM21 So -- but roughly, what I included in 11:28AM22 this drawing is what if -- what would Sony would 11:28AM23 do -- what would Sony do. For example, the jog 11:28AM24 shuttle or the buttons and layout and how the 11:28AM25 brand is placed on and so forth. 11:28AM




Page 46

1 that's what I tried to express. But with that 11:50AM2 said, I don't quite understand your question any 11:50AM3 more than that." 11:50AM4 BY MR. ZELLER: 11:50AM5 Q Let me try it this way: Focusing on 11:50AM6 that time period when Mr. Ive gave you the 11:50AM7 general direction, you had seen at least some 11:50AM8 Sony products? 11:50AM9 A Well, there's -- there's no situation 11:51AM

10 that I created this design looking at Sony 11:51AM11 products. However, it is correct that I 11:51AM12 expressed what I have in my mind as the image of 11:51AM13 what Sony is in the form of buttons and other 11:51AM14 details. 11:51AM15 Q Do you recall which type of Sony mobile 11:52AM16 devices you had seen as of the time Mr. Ive gave 11:52AM17 you this general direction? 11:52AM18 A I do not remember. 11:52AM19 Q As of the time when Mr. Ive gave you 11:52AM20 this general direction, had you seen any kind of 11:52AM21 Sony communication device, portable 11:52AM22 communication device? 11:52AM23 MS. TAYLOR: Objection. Vague. 11:53AM24 INTERPRETED ANSWER: I do not have a 11:53AM25 recollection that I saw the project with my own 11:53AM

Page 48

1 MS. TAYLOR: Objection. Vague. 11:55AM2 INTERPRETED ANSWER: That's what I do 11:56AM3 not remember. 11:56AM4 BY MR. ZELLER: 11:56AM5 Q Do you remember which Sony mobile 11:56AM6 devices you saw after Mr. Ive gave you the 11:56AM7 general direction? 11:56AM8 A As for the Sony mobile devices, I'm 11:56AM9 repeating that I did not look at it while I was 11:56AM

10 working on the design, so I do not remember what 11:57AM11 I looked at. However, I might have touched on 11:57AM12 the Sony device that was sold in the market. 11:57AM13 But as I say, I do not remember. 11:57AM14 THE CHECK INTERPRETER: Proposed 11:57AM15 correction: "As for Sony mobile devices, I 11:57AM16 repeat what I said. It's not the case that I 11:57AM17 was looking at any mobile devices while working 11:57AM18 on the design. I don't remember what I may have 11:57AM19 seen at that time. But it's possible I touched 11:57AM20 a phone that was sold in the market placed by 11:57AM21 Sony at that time. However, I don't recall at 11:57AM22 all." 11:57AM23 MR. ZELLER: Let's please mark as 11:58AM24 Exhibit 3 a multipage document. First page is 11:58AM25 an e-mail from Richard Howarth dated March 8, 11:58AM

Page 47

1 eyes directly. I might have some images or 11:53AM2 memory that -- of the products I had seen 11:53AM3 before. But it is not that I looked at the 11:53AM4 project directly with my own eyes. 11:53AM5 THE CHECK INTERPRETER: Proposed 11:53AM6 correction: The lead interpreter said 11:53AM7 "project." The checking interpreter believes 11:53AM8 she misspoke. 11:54AM9 THE INTERPRETER: Product. Product. 11:54AM

10 THE CHECK INTERPRETER: Product. 11:54AM11 INTERPRETED ANSWER: For example, for 11:54AM12 example like this, I had -- I remembered Sony 11:54AM13 used this type of camera. They used to have a 11:54AM14 tiny little camera like this. So I remember -- 11:54AM15 I had some memory that they used the type of 11:54AM16 camera like this at that time. But, however, it 11:54AM17 is not that I looked at product and worked on 11:54AM18 the design. 11:54AM19 BY MR. ZELLER: 11:54AM20 Q All right. I think you're getting a 11:55AM21 little ahead of my question. What I'm trying to 11:55AM22 find out is something specific. Do you remember 11:55AM23 which Sony mobile devices you had seen as of the 11:55AM24 time or before the time Mr. Ive gave you this 11:55AM25 general direction? 11:55AM

Page 49

1 2006, with images attached. 11:58AM2 (Exhibit No. 3 marked for identification.) 11:58AM3 BY MR. ZELLER: 11:58AM4 Q You're not on this cover e-mail? 11:58AM5 ENGLISH ANSWER: No, I never seen this 11:58AM6 e-mail so I don't know that (In English.) 11:58AM7 BY MR. ZELLER: 11:58AM8 Q But I did want to ask you about the 11:58AM9 pictures. If you can look at those, please. 11:58AM

10 And you'll see with the page ending 121 at the 11:58AM11 bottom, there's a number of pages of images. 11:58AM12 Let me take these one by one for a moment. 11:59AM13 Focusing your attention on this page 11:59AM14 that ends on 121, do you recognize what's on the 11:59AM15 left-hand side here? 11:59AM16 A No. 11:59AM17 Q Is this a model that you worked on? 11:59AM18 A No, it is not. 11:59AM19 Q Directing your attention to the next 11:59AM20 page, which is 122. Do you recognize what's on 11:59AM21 the right-hand side as being something you 11:59AM22 worked on? 11:59AM23 A It's not whether I worked on the design. 12:00PM24 I have seen this -- I might have seen the camera 12:00PM25 part. It's close to what I worked on, but it is 12:00PM




Page 58

1 WITNESS CERTIFICATE23 I, SHIN NISHIBORI, do hereby certify4 that I have read the foregoing pages, inclusive,5 and corrections, if any, were noted by me; and6 that same is now a true and correct transcript7 of my testimony.8 Dated ______________________________________9 ______________________________________

SHIN NISHIBORI101112131415 Signed before me this _________16 day of __________________________, 20_______.171819 ____________________________________________202122 Certain Electronic Digital Media Devices, Case 337-TA-796/

Apple Inc. v Samsung Electronics Company, Ltd., et al.,23 Civil No. 11-CV-01846

Videotaped Deposition of SHIN NISHIBORI24 Taken on May 2, 201225

Page 60

1 NAME OF CASE: 2 DATE OF DEPOSITION: 3 NAME OF WITNESS: 4 Reason Codes:5 1. To clarify the record.6 2. To conform to the facts.7 3. To correct transcription errors.8 Page ______ Line ______ Reason ______9 From _____________________ to _____________________

10 Page ______ Line ______ Reason ______11 From _____________________ to _____________________12 Page ______ Line ______ Reason ______13 From _____________________ to _____________________14 Page ______ Line ______ Reason ______15 From _____________________ to _____________________16 Page ______ Line ______ Reason ______17 From _____________________ to _____________________18 Page ______ Line ______ Reason ______19 From _____________________ to _____________________20 Page ______ Line ______ Reason ______21 From _____________________ to _____________________22 Page ______ Line ______ Reason ______23 From _____________________ to _____________________24

25 ________________________

Page 59

1 CERTIFICATE2

I, ADRIANNE IGE KURASAKI, C.S.R., in and for the3 State of Hawaii, do hereby certify:4 That on Wednesday, May 2, 2012, at 10:03 a.m.,

appeared before me SHIN NISHIBORI, the witness whose5 testimony is contained herein; that, prior to being

examined, the witness was by me duly sworn or affirmed;6 that the proceedings were taken down by me in computerized

machine shorthand and were thereafter reduced to print7 under my supervision; that the foregoing represents, to

the best of my ability, a true and correct transcript of8 the proceedings had in the foregoing matter.9

I further certify that I am not counsel for any of10 the parties hereto, nor in any way interested in the

outcome of the cause named in the caption.11

This 57-page Deposition of SHIN NISHIBORI, dated12 May 2, 2012, was subscribed and sworn to before me this

2nd day of May, 2012, in the First Circuit of the State of13 Hawaii, by Adrianne Ige Kurasaki.14151617 ______________________________________

Adrianne Ige Kurasaki, CSR 38818 State of Hawaii19202122232425


Exhibit C


Highly Confidential - Outside Counsel's Eyes Only

TSG Reporting - Worldwide (877) 702-9580

Page 1

1 UNITED STATES DISTRICT COURT2 NORTHERN DISTRICT OF CALIFORNIA3 SAN JOSE DIVISION4

5 APPLE INC., a California

corporation,6

Plaintiff,7

vs. CASE NO. 11-cv-01846-LHK8

SAMSUNG ELECTRONICS CO.,9 LTD., a Korean business

entity; SAMSUNG ELECTRONICS10 AMERICA,INC., a New York

corporation; SAMSUNG11 TELECOMMUNICATIONS AMERICA,

LLC, a Delaware limited12 liability company,13 Defendants.

____________________________/14

15

16 H I G H L Y C O N F I D E N T I A L17 O U T S I D E C O U N S E L O N L Y18

19 VIDEOTAPED DEPOSITION OF CHRISTOPHER STRINGER20 REDWOOD SHORES, CALIFORNIA21 FRIDAY, NOVEMBER 4, 201122

23 BY: ANDREA M. IGNACIO HOWARD, CSR, RPR, CCRR, CLR24 CSR LICENSE NO. 983025 TSG JOB NO. 43706




Page 110

1 other. And I think I now understand, what you're2 saying is that the space in between, that depicts the3 housing.4 A Yes.5 Q And now I'm trying to figure out: Do the two6 lines -- where they diverge there, do those -- do7 those signify some edge of the housing?8 MR. JACOBS: Objection; form.9 THE WITNESS: I see a surface in between

10 those lines that is adjacent to the cover glass that11 is on the same plane as the cover glass, butting up12 against the edge of the cover glass.13 MR. ZELLER: Q. And one reason you reached14 that conclusion is because of the drawings in the15 other figures?16 A That's how -- yes.17 Q What other figures were you referring to,18 just so we have a clear record on that, that were19 helping you in your understanding?20 A Figure 1, Figure 3, and Figure 5 -- well, 5,21 6, 7, and 8 equally, along with Figure 9, I create an22 image of a product.23 Q Would you please mark as Exhibit 1172 a24 multipage document bearing Bates25 Nos. APLNDC-NCC0000247 through '281, and it's a

Page 112

1 tell me generally what that -- what the purpose of2 that was.3 A It was a -- just a fun exercise where Shin4 made an object resembling an iPhone that would --5 almost in a role-playing kind of way, what would Sony6 do if they were us?7 Q Do you have an understanding -- and that's8 the reason why Sony is -- is on this?9 A Yeah. It was fun.

10 Q Do you know who came up with the idea for11 this exercise?12 A I do not recall.13 Q Did you yourself prepare any designs or14 drawings that was part of this exercise?15 A No.16 Q Do you know if anyone other than17 Mr. Nishibori did?18 A No.19 Q Generally speaking, I take it you recognize20 the images here in Exhibit 1172 as filled in CAD21 drawings?22 A Rendered, shaded, yes.23 Q And do you know were any three-dimensional24 models created as part of the exercise that we're25 talking about?

Page 111

1 collection of field CAD drawings.2 (Document marked Exhibit 11723 for identification.)4 THE WITNESS: Okay.5 MR. ZELLER: Q. Do you recognize anything6 that's depicted here in Exhibit 1172?7 A Yes.8 Q What do you recognize these as?9 A I recognize an exercise that Shin Nishibori

10 worked on. I do not recall when, but the dates would11 indicate it was in '06, March of '06.12 Q And even though you don't recall, as you've13 said, is there any reason for you to think it was not14 in the 2006 time period?15 A No.16 Q Did you work on this project yourself?17 A This is an exercise. I see that as distinct18 from a project. It could be considered as to be some19 abstract portion of a project, that being the iPhone.20 Q I'm happy to call it either. So just so we21 have -- we understand we're talking about the same22 thing. So whether it's exercise or project, focusing23 on this design work that was done that pertained in24 particular to these designs that are shown here in25 Exhibit 1172 with the name Sony on it, can you please

Page 113

1 A I believe so, but I am not absolutely2 certain.3 Q Generally speaking, do you have a memory4 of -- of seeing some kind of model or model number?5 A Not sufficiently clear. I can't recall.6 Q You're just not sure?7 A Uh-huh.8 Q I'm sorry. You need to give an audible --9 A Yes.

10 Q Yeah. Okay.11 Is there anything else that you remember12 generally about this exercise?13 A No.14 Q Let me show you what was previously marked as15 Exhibit 751, which is a copy of United States design16 patent 622,270.17 A Yes.18 Q Do you recognize the '270 design patent as a19 design patent that you're a named inventor on?20 A Yes.21 Q And, generally speaking, do you recognize22 what -- what product or object is depicted here?23 A The iPod Touch.24 Q Was this the first iPod Touch?25 A I think so. Yes, I believe that is the case.




Page 122

1 No. 3 of 3 and concludes today's deposition of Chris2 Stringer.3 The time is 3:23 p.m., and we are off record.4 (WHEREUPON, the deposition ended at5 3:23 p.m.)6 ---oOo---789

10111213141516171819202122232425

Page 124

1 CERTIFICATE OF REPORTER

2

3

4 I, ANDREA M. IGNACIO HOWARD, hereby certify

5 that the witness in the foregoing deposition was by me

6 duly sworn to tell the truth, the whole truth, and

7 nothing but the truth in the within-entitled cause;

8

9 That said deposition was taken in shorthand

10 by me, a Certified Shorthand Reporter of the State of

11 California, and was thereafter transcribed into

12 typewriting, and that the foregoing transcript

13 constitutes a full, true and correct report of said

14 deposition and of the proceedings which took place;

15

16 That I am a disinterested person to the said

17 action.

18

19 IN WITNESS WHEREOF, I have hereunto set my

20 hand this 4th day of November 2011.

21

22 _______________________________________

23 ANDREA M. IGNACIO HOWARD, RPR, CCRR, CLR, CSR No. 9830

24

25

Page 123

1 J U R A T234 I, CHRISTOPHER STRINGER, do hereby certify5 under penalty of perjury that I have read the6 foregoing transcript of my deposition taken7 on November 4, 2011; that I have made such8 corrections as appear noted herein in ink,9 initialed by me; that my testimony as

10 contained herein, as corrected, is true and11 correct.121314 DATED this ____ day of _____________, 2011,15 at _____________________________, California.16171819 __________________________________20 SIGNATURE OF WITNESS2122232425

Page 125

1 I N D E X23 DEPOSITION OF CHRISTOPHER STRINGER45 EXAMINATION6 PAGE7 BY MR. ZELLER 58 BY MR. JACOBS 1199

10 E X H I B I T S11 EXHIBIT PAGE12 Exhibit 1161 Reply Declaration of Christopher 513 Stringer in support of Apple's14 Motion for a Preliminary15 injunction; 50 pgs.16 Exhibit 1162 Colored Photograph Ad of iPad 2617 Thinner and Lighter; 1 pg.18 Exhibit 1163 U.S. Patent No. D627,777 S; 4119 7 pgs.20 Exhibit 1164 U.S. Patent No. D637,596 S; 4121 7 pgs.22 Exhibit 1165 U.S. Patent No. D621,825 S; 4123 14 pgs.24 Exhibit 1166 Sketchbooks, Bates Nos. 4125 APLNDC0000037650 - '95; 46 pgs.


Documents

Sony Style 072912