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GOOGLE INC.,
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Defendant.
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MOTION TO DISQUALIFY
THE RULE 706 EXPERT
CV 10-03561 WHA
THAT the following Motion to Disqualify the Rule 706 Expert will be heard on November 19,
2015 at 8:00 a.m., or as soon thereafter as counsel may be heard, in Courtroom 8, 19th Floor of
this Court, located at 450 Golden Gate Avenue, San Francisco, California, the Honorable William
H. Alsup presiding. Plaintiff Oracle America, Inc. will and hereby does move to disqualify the
Courts Rule 706 expert on the grounds that it is no longer appropriate for Dr. Kearl to serve as a
neutral expert based on his work since the last trial, and that no other Rule 706 expert is needed in
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This motion is based on the Notice of Motion and Motion to Disqualify the Rule 706
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Expert, the following Memorandum of Points and Authorities, the Declaration of Peter A Bicks,
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the pleadings and papers on file in this action, and such other and further papers and argument
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-1-
MOTION TO DISQUALIFY
THE RULE 706 EXPERT
CV 10-03561 WHA
INTRODUCTION
It is no longer appropriate for Dr. Kearl to serve as a neutral expert in this case. When he
was hired by Samsung in Apple v. Samsung, he sided with Google in a highly-publicized case
where the patents at issue involved technology that is part of Android. The case, still ongoing in
this district, was effectively Apple v. Google: Google agreed to indemnify Samsung, the very
same attorneys represented Google and Samsung, and Google had control and authority over
Samsungs defense. And one of the issues in that case was whether, as Apple argued, Samsung
used Dr. Kearls analysis to give the jury a low damages number in an attempt to make all patents
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appear to have little value. Or, as Apple asked the jury, why else would Samsung pay experts $5
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million to pursue a $6 million claim if not to try to devalue patents? Having an expert wear the
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hat of a neutral party in this case when he previously wore an Android hat is prejudicial to Oracle
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and risks injecting complications into the case that should be avoided.
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Nor should the Court replace Dr. Kearl because a Rule 706 expert is no longer necessary
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in this case. The damages analysis will not have the same complexity now that the patent claims
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are out of the case. The parties experts in the normal adversary process will sufficiently present
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the issues to the Court and the jury. If the Court nevertheless concludes that an expert is
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necessary to assist the Court in evaluating the reports of the parties experts, the parties should
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jointly select a neutral expert who should not testify in front of the jury.
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ARGUMENT
I.
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Because a Rule 706 expert is appointed by the Court, he must remain neutral throughout
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the proceedings. See Students of California Sch. for the Blind v. Honig, 736 F.2d 538, 549 (9th
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Cir. 1984) (Rule 706 allows the court to appoint a neutral expert on its own motion.); vacated
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on other grounds, 471 U.S. 148, 149-50 (1985); Gorton v. Todd, 793 F. Supp. 2d 1171, 1177
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(E.D. Cal. 2011) (The Rule only allows a court to appoint a neutral expert.). This Court has
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also recognized a Rule 706 experts neutrality, stating that the expert should provide a neutral
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explanation and viewpoint, ECF 236 at 2, have no conflicts, ECF 610 at 4, and be
-2-
MOTION TO DISQUALIFY
THE RULE 706 EXPERT
CV 10-03561 WHA
Since Dr. Kearl testified in Apple v. Samsungnot as a neutral expert but, as we now
know, one hired by Samsung1it is no longer appropriate for him to serve in this neutral role.
Samsung is a leading Android device maker. And while Samsung was named as the defendant in
Apple v. Samsung, Samsung argued that the case was really about Apple versus Googles
Android. Samsung Tr. 367.2 This was not an offhand remark, it was one of Samsungs major,
oft-repeated themes: Its an attack on Android. Its an attack, its an attack . . . Its the truth.
Its an attack on Android, and thats what this case is. Id. at 358-59; see also, e.g., id. at 372 (A
holy war on Android.); id. at 359 (Apple is trying to limit consumer choice and to gain an
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unfair advantage over its one major competitor, Googles Android.); id at 3267 ([W]e have a
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holy war with Google). Samsung made this argument because the patents at issue dealt with
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software features that are in Googles Android, not hardware that is part of Samsungs equipment.
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Id. at 356-57. For example, one patent involved technology that allowed a user to run a search
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both on the internet and locally on the phone. Id. at 1929. Even Apples counsel quoted an article
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describing the search ability as an awesome feature for Android. Id. at 323.
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On top of that, one of Samsungs main defenses was that Googles engineers are so
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skilled, they would never copy. See, e.g., id. at 356 ([The] accused features on [the Samsung]
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phone were developed independently by . . . the software engineers at Google . . . .); id. at 368
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(Googles engineers dont need to copy Apple.); id at 370 (the hard work and the ingenuity of
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the engineers at Google); id. at 356 (most sophisticated and creative minds in the smartphone
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industry); id. at 368 (they can do just about anything); id. at 3258 (brilliant engineers, [at]
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Google, right up the street); id. at 3265 (these independent geniuses at Google). That defense
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made by the party who hired Dr. Kearl undermines his neutrality. In our case, it has already been
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determined that Google did copy thousands of lines of Oracles code rather than create its
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See Declaration of Peter A. Bicks (Bicks Decl.) Ex. 5 (Dr. Kearl Apple v. Samsung Corrected
Expert Report) at 3.
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Citations to the trial transcript from Apple v. Samsung will be Samsung Tr. __. See Bicks
Decl. Ex. 1, 3-4. Citations to docket entries from that case will be Samsung ECF __. See
Bicks Decl. Ex. 3. The Apple v. Samsung docket number is 12-CV-00630-LHK (N.D. Cal.).
-3-
MOTION TO DISQUALIFY
THE RULE 706 EXPERT
CV 10-03561 WHA
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because Dr. Kearl was involved with Samsungs counterclaims against Apple, which meant his
analysis focused on the value of the asserted patents in the Apple products. ECF 1313 at 4.
Accordingly, Dr. Kearl claims, to the degree that a mobile operating system or platform was
relevant, that operating system would have been the Apple iOS operating system and not
Android. ECF 1313 at 4. But that point fails to appreciate Oracles concerns with Dr. Kearl
serving as a neutral expert. The issue is not whether his analysis specifically dealt with Android.
A jury may well not appreciate that fine parsing of Dr. Kearls role. The issue is that Dr. Kearl
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was on the Android/Google side of an extremely significant case, no matter whether he was on
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Indeed, Google was involved in that case even more than being a focal point of the trial.
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Google agreed to indemnify Samsung, as one Google lawyer testified in a 30(b)(6) deposition.
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Samsung ECF 1920 at 13; Samsung Tr. 2785. As part of that indemnity, Google had the authority
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to control the litigation and defense. Samsung ECF 1920 at 16; see also id. at 17 (noting that
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Google has control and authority over the defense of at least two of the patents at issue).
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The Google-Samsung connection was so strong that Google and Samsung were even
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represented by the same attorneys in Apple v. Samsung. For some third party discovery issues,
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Google itself filed briefs, rather than acting through Samsung. See, e.g., Samsung ECF 142. On
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the Apple v. Samsung docket, all the attorneys representing Google are also attorneys representing
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Dr. Kearl nevertheless contends that he was not part of any strategy of defending
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Android because he was involved in Samsungs counterclaims against Apple. ECF 1313 at 4.
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This is at best a superficial approach. Apple laid bare the real strategy: that those counterclaims
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were a key part of Samsungs defense. Apple asked for over $2 billion in damages, Samsung Tr.
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337. (It had just secured a $1 billion award against Samsung, see Apple Inc. v. Samsung
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Electronics Co., 786 F.3d 983, 989 (Fed. Cir. 2015)). Samsung asserted patent counterclaims
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MOTION TO DISQUALIFY
THE RULE 706 EXPERT
CV 10-03561 WHA
and, based on Dr. Kearls analysis, asked for only approximately $6 million. Samsung Tr. 3321.
Apple argued that Samsung was using Dr. Kearl to make all patents in the smartphone space seem
like they have a low value. Apple told the jury that it only made sense for Samsung to pay its
experts over $5 million to pursue a $6 million claim in one circumstance: [I]f youre trying to
devalue patents, all patents. Id. at 3350-51; see also id. (To devalue, to cheapen, to convince
you that patents are not worth that much.); id. at 343 (They want you to believe that patents are
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Apple also suggested that Dr. Kearl artificially lowered his calculations, pointing to a part
of Dr. Kearls report where he stated that [t]he value that . . . users placed on Facetime [an
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allegedly infringing Apple feature] is likely higher, and likely many times higher, than the $.99
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Samsung Corrected Expert Report) at Tables 17a-f. Samsung, for its part, told the jury that
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Apples billion dollar numbers are completely unsupported, and that it would show [the jury]
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how properly to calculate a royalty, by demonstrating how Dr. Kearl calculated these
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damages. Samsung Tr. at 412. In other words, Samsungs lawyers directly offered Dr. Kearls
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analysis as a rebuttal approach on the Android claims, not just as an affirmative calculation on
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Samsungs counterclaims.
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Because Dr. Kearl was on the Android side of Apple v. Samsung, it is no longer proper for
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him to serve as a neutral expert here. A Rule 706 expert is cloaked in the authority of the Court.
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Cf. 29 Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure 6302 (2015)
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([B]ecause of the experts link to the court, a jury may fail to scrutinize his testimony to the
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same extent it would the testimony of party experts. Thus, the testimony of a court-appointed
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expert may undermine rather than promote accurate factfinding.). Both Dr. Kearl and Samsung
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appeared to recognize the power of a court endorsement. Of all the times that Dr. Kearl has
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served as an expert witness, Samsung asked Dr. Kearl only about his role in this case during the
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MOTION TO DISQUALIFY
THE RULE 706 EXPERT
CV 10-03561 WHA
Samsung trial. Dr. Kearl answered by highlighting that he was hired neither for a plaintiff nor for
a defendant, but for the Court in this case: Ive been an expert witness in a lot of cases, both for
plaintiffs and defendants. But a few years ago, I was hired by Judge William Alsup of the
Northern District of California to be a court expert, to be his expert. Samsung Tr. 2657. During
closing statements, Samsung emphasized Dr. Kearls neutrality in our case as a reason for his
reliability: [He] even was retained by the court to serve as a neutral expert for the court in
this Courts expert. Retaining him as a neutral expert is inviting real prejudice to Oracle and
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confusion for the jury. As previously discussed, Dr. Kearls testimony at trial would force Oracle
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to steer between Scylla and Charybdis. See ECF 1311 at 5. Normally, a party could cross-
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examine an expert about his ties to the opposing side. But because Dr. Kearl is the Courts
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expert, that approach risks suggesting to the jury that the Court has in some way endorsed
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Googles side. And the jury may already be confused about why its hearing from a third expert
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on the damages issue. The other option, not raising the Apple v. Samsung case at all, means not
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being able to expose to the jury potential biases as would be possible with any other expert.
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Dr. Kearl should no longer serve as a Rule 706 expert in this case.
II.
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Oracle previously explained, see ECF 1311 at 5-7a Rule 706 expert is no longer necessary
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(though Oracle acknowledges that the Court previously stated that it would reevaluate the need
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for a Rule 706 expert after the parties submit their expert damages reports, July 30, 2015 Tr. at
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48-50).
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Rule 706 should be invoked only in rare and compelling circumstances. Monolithic
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Power Sys., Inc. v. O2 Micro Intl Ltd., 558 F.3d 1341, 1348 (Fed. Cir. 2009). That appointment
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is generally reserved for complex scientific, medical or technical matters, Armstrong v. Brown,
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768 F.3d 975, 987 (9th Cir. 2014); see, e.g., Walker v. Am. Home Shield Long Term Disability
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Plan, 180 F.3d 1065, 1071 (9th Cir. 1999) (involving contradictory evidence about an elusive
-6-
MOTION TO DISQUALIFY
THE RULE 706 EXPERT
CV 10-03561 WHA
The damages calculations are not as complex as they were when the patent claims were
still in the case. In November 2011, the Court explained that an important reason why the
damages issue was particularly involved was that [d]amages from patent infringement are
governed by different legal standards than damages from copyright infringement, [and] some
accused products and acts are relevant to both parts of the action. ECF 610 at 2. This
complication no longer exists. Whatever may be said of the significantly more complex first trial,
Oracle does not intend to assert complicated damage theories at the retrial. See ECF 1321 at
13. And the Court will be able to decide for itself once it has the opportunity to review the
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III.
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jointly select a neutral expert who should not testify in front of the jury. As Google previously
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explained: If the jury also hears testimony from a third, neutral expert, that will further
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complicate the jurys decision on damages. Moreover, if the jury is aware that the Courts expert
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was appointed by the Court and is not a representative of the parties, that expert will have a
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powerful stamp of Court approval and objectivity that will lend a disproportionate weight to that
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experts opinions and testimony. ECF 235 at 3. Oracle agrees. Any Rule 706 expert should not
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CONCLUSION
Dr. Kearl should no longer serve as a Rule 706 expert in this case, and the Court should
not appoint a new expert.
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-7-
MOTION TO DISQUALIFY
THE RULE 706 EXPERT
CV 10-03561 WHA
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Dated: October 15, 2015
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KAREN G. JOHNSON-MCKEWAN
ANNETTE L. HURST
GABRIEL M. RAMSEY
PETER A. BICKS
LISA T. SIMPSON
Orrick, Herrington & Sutcliffe LLP
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MOTION TO DISQUALIFY
THE RULE 706 EXPERT
CV 10-03561 WHA
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DECLARATION OF PETER A. BICKS
CV 10-03561 WHA
1.
I am a partner with the law firm of Orrick, Herrington & Sutcliffe LLP (Orrick),
attorneys of record for plaintiff Oracle America, Inc. (Oracle). I am a member of the bar of the
State of New York and have been admitted pro hac vice in this action. I am familiar with the
events, pleadings and discovery in this action and, if called upon as a witness, I could and would
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I submit this declaration in support of Oracles Motion to Disqualify the Rule 706
3.
On September 10, 2015, Oracle submitted to this Court Dr. James Kearls trial
Expert.
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2.
testimony in Apple v. Samsung, 12-CV-00630-LHK (N.D. Cal.) See ECF 1311-10, 1311-11.
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4.
Attached as Exhibit 1 is a true and correct copy of the April 1, 2014 trial transcript
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from Apple v. Samsung. This transcript includes the opening statements from Apple and
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Samsung.
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5.
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Samsung. It is ECF 1920 in that case. This exhibit includes a transcript of a video deposition of
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James Maccoun.
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6.
Attached as Exhibit 3 is a true and correct copy of an excerpt of the April 22,
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2014 trial transcript from Apple v. Samsung. This excerpt indicates when James Maccouns
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7.
Attached as Exhibit 4 is a true and correct copy of the April 29, 2014 trial
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transcript from Apple v. Samsung. This transcript includes the closing arguments from Apple and
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Samsung.
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8.
Attached as Exhibit 5 is a true and correct copy of excerpts from the Corrected
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Expert Report of Dr. James R. Kearl in Apple v. Samsung as produced by Quinn Emanuel.
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///
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///
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///
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///
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I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct.
Executed this 15th day of October, 2015, at New York, New York.
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-2-
EXHIBIT 1
Case
Case5:12-cv-00630-LHK
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PLAINTIFF,
VS.
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.
)
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)
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)
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C-12-00630 LHK
SAN JOSE, CALIFORNIA
APRIL 1, 2014
VOLUME 2
PAGES 268-497
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TRANSCRIPT OF PROCEEDINGS
BEFORE THE HONORABLE LUCY H. KOH
UNITED STATES DISTRICT JUDGE
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A P P E A R A N C E S:
FOR PLAINTIFF
APPLE:
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94105
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94304
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BY:
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FOR SAMSUNG:
VICTORIA F. MAROULIS
KEVIN B . JOHNSON
555 TWIN DOLPHIN DRIVE
SUITE 560
REDWOOD SHORES, CALIFORNIA
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94065
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INDEX OF PROCEEDINGS
P. 298
P. 338
P. 351
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INDEX OF WITNESSES
PLAINTIFF'S
PHILIP SCHILLER
DIRECT EXAM BY MR. MCELHINNY
CROSS-EXAM BY MR. PRICE
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P. 417
P. 475
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INDEX OF EXHIBITS
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MARKED
ADMITTED
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PLAINTIFF'S
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118
135A
180
1441
113A
127A
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143
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428
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436
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461
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DEFENDANT'S
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APRIL 1, 2014
P R O C E E D I N G S
JUROR ANDERSON:
THE CLERK:
JUROR ANDERSON:
THE COURT:
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COURTROOM.
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HELLO.
TELL US WHAT IS
HAPPENING TODAY.
JUROR ANDERSON:
I WOKE UP
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EARLY THIS MORNING WITH VOMITING AND DIARRHEA, AND IT'S BEEN
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THE COURT:
ALL RIGHT.
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MR. LEE:
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MR. QUINN:
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THE COURT:
ALL RIGHT.
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JUROR ANDERSON:
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THE COURT:
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JUROR ANDERSON:
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THE COURT:
OKAY.
ALL RIGHT.
THANK YOU.
THANK YOU.
THANK YOU.
FEEL BETTER.
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JUROR ANDERSON:
THE COURT:
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THANK YOU.
OKAY.
NUMBER 7.
(JUROR GALONJA PRESENT.)
THE COURT:
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JUROR GALONJA:
TAKE A SEAT
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AND, YOU KNOW, AGAINST THE DUTIES, DUTY, I REALIZED I HAVE SOME
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SOMEBODY HAD SOME HARDSHIP FOR THE, LIKE FINANCIAL SIDE, AND
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IS STILL LIMITED.
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FIRST TIME I RAISED THE HAND AND THEN AFTER THAT, BECAUSE
I REALLY DIDN'T THINK I WOULD BE CHOSEN 100 PERCENT.
AND THEN I SAID, OKAY, I'M NOT GOING TO TELL MY REASON
BECAUSE IT'S FINANCIAL SIDE, HARD FOR ME.
BUT WHEN I CAME HOME AND I LOOK ON THAT, YOU KNOW, I'M
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MY HUSBAND DOESN'T
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MONTH LATER BECAUSE WE HAVE TO GIVE THE PROOF UNTIL THE 10TH OF
THE MONTH, AND THEN WE'LL BE PAID, YOU KNOW, THE FOLLOWING
MONTH.
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THE COURT:
JUROR GALONJA:
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OKAY.
THERE WILL BE ISSUE FOR ME
FINANCIALLY.
AND THEN I'M NOT DRIVING.
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JUROR GALONJA:
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THE COURT:
UM-HUM.
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JUROR GALONJA:
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THE COURT:
RISK?
JUROR GALONJA:
THE COURT:
ALL RIGHT.
MR. LEE:
MR. QUINN:
THE COURT:
OKAY.
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THAT YOU TRIED TO SERVE ON THIS JURY AND YOU'VE FULFILLED YOUR
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DUTY.
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SO THANK YOU.
JUROR GALONJA:
OKAY.
UNDERSTANDING.
THE COURT:
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JURY ASSEMBLY ROOM, AND THEY CAN WORK OUT ALL OF YOUR
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PAPERWORK.
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JUROR GALONJA:
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THE COURT:
THANK YOU.
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THE CLERK:
LET ME GO CHECK.
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THE COURT:
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THE CLERK:
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THE COURT:
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OKAY.
THANK YOU.
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(PAUSE IN PROCEEDINGS.)
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THE COURT:
MR. MCELHINNY:
THE COURT:
OKAY.
YOU'RE SETTLING?
(LAUGHTER.)
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I DID.
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OKAY.
MR. MCELHINNY:
LET'S SEE.
MR. QUINN AND I WOULD JOINTLY MOVE THE COURT FOR AN ORDER
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THE COURT:
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MR. MCELHINNY:
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THAT'S GRANTED.
WITH EACH SIDE TO POLICE THEIR OWN
WITNESSES.
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THE COURT:
THAT'S GRANTED.
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MR. MCELHINNY:
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LIKE TO SPLIT OUR OPENINGS WITHIN THE TWO CASES WITHIN THE TIME
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THE COURT:
THAT'S FINE.
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THE CLERK:
MAY 7TH.
THE COURT:
MAY 7TH.
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BE HEARD ON THAT?
NOW.
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MR. LEE:
DO YOU WANT TO
JUROR.
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WE SHOULD BE DONE BY
THEN.
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THE COURT:
OKAY.
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MR. QUINN:
THE COURT:
OKAY.
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MR. QUINN?
HONOR.
SO WHEN SHE COMES OUT, I'M JUST
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GOING TO REASSURE HER THAT I'VE CONSULTED WITH YOU ALL, AND WE
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OKAY.
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IS THAT RIGHT,
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THE CLERK:
WE DO.
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THE COURT:
ALL RIGHT.
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THE CLERK:
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THAT THEY DON'T HAVE TO SPREAD ALL THE WAY, THEY CAN --
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THE COURT:
I'M SORRY.
THE CLERK:
NO.
THE COURT:
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THE COURT:
ALL RIGHT.
WELCOME.
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THANK YOU.
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OKAY.
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SO I HAVE EIGHT OF YOU LEFT AND YOU ARE EACH PRECIOUS, AND
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OKAY.
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24
OKAY?
25
ALL RIGHT.
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2
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BE FINE.
JUROR NGUYEN:
THE COURT:
OKAY.
10
11
12
13
14
15
16
THEM TO YOU.
17
18
19
EVERYONE THERE?
ALL RIGHT.
IS
THANK YOU.
20
ALL RIGHT.
21
LADIES AND GENTLEMEN, YOU ARE NOW THE JURY IN THIS CASE.
22
23
24
25
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TO WHICH TO REFER.
HOME.
PLEASE LEAVE THEM IN THE JURY ROOM DURING BREAKS AND IN THE
EVENINGS.
THANK YOU.
10
11
12
13
14
15
THE CASE.
16
TO YOU.
17
18
19
20
21
22
23
24
25
DO SO.
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IMPORTANT.
WHAT IS EVIDENCE?
1.
2.
3.
10
11
12
13
14
15
16
EVIDENCE.
17
18
19
20
21
22
IF THE FACTS AS YOU REMEMBER THEM DIFFER FROM THE WAY THE
LAWYERS HAVE STATED THEM, YOUR MEMORY OF THEM CONTROLS.
NUMBER 2.
23
EVIDENCE.
24
25
EVIDENCE.
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NUMBER 3.
NUMBER 4.
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11
12
13
14
15
16
17
18
DIRECT EVIDENCE
19
20
21
22
23
24
25
OR CIRCUMSTANTIAL EVIDENCE.
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NUMBER 6.
RULING ON OBJECTIONS.
8
9
10
11
12
13
IGNORE THE QUESTION AND MUST NOT GUESS WHAT THE ANSWER MIGHT
14
HAVE BEEN.
15
16
THAT
17
MEANS THAT WHEN YOU ARE DECIDING THE CASE, YOU MUST NOT
18
19
CREDIBILITY OF WITNESSES.
20
21
22
23
NONE OF IT.
24
25
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2
3
4
NUMBER 1.
NUMBER 2.
NUMBER 3.
NUMBER 4.
NUMBER 5.
10
WITNESS'S TESTIMONY;
11
NUMBER 6.
12
13
NUMBER 7.
14
15
16
IT.
17
18
19
20
21
22
23
NUMBER 9.
24
25
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DECIDE WHAT THE VERDICT SHOULD BE UNTIL YOU AND YOUR FELLOW
CASE.
THE LAW THAT APPLIES, YOU MUST NOT BE EXPOSED TO ANY OTHER
10
11
NOT LET ANYONE ELSE COMMUNICATE WITH YOU IN ANY WAY, ABOUT THE
12
13
14
15
16
17
18
19
20
ALTHOUGH YOU MAY NOTIFY YOUR FAMILY AND YOUR EMPLOYER THAT YOU
21
22
23
JURY SERVICE OR ANYTHING ABOUT THIS CASE, YOU MUST RESPOND THAT
24
YOU HAVE BEEN ORDERED NOT TO DISCUSS THE MATTER AND TO REPORT
25
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DO
10
HAVE A FAIR TRIAL BASED ON THE SAME EVIDENCE THAT EACH PARTY
11
12
13
14
15
16
17
NUMBER 10.
18
19
20
21
22
23
24
25
IF YOU WISH, YOU MAY TAKE NOTES TO HELP YOU REMEMBER THE
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EVIDENCE.
UNTIL YOU AND YOUR FELLOW JURORS GO TO THE JURY ROOM TO DECIDE
THE CASE.
ROOM.
8
9
WHETHER OR NOT YOU TAKE NOTES, YOU SHOULD RELY ON YOUR OWN
MEMORY OF THE EVIDENCE.
10
11
12
NUMBER 11.
13
14
TO YOU.
15
PROVED.
16
NUMBER 12.
17
18
BEFORE TRIAL.
19
20
21
22
23
24
NUMBER 13.
25
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OTHER SIDE.
5
6
14.
9
10
11
TESTIMONY.
12
13
14
15
15.
16
17
18
TRIAL.
WITNESSES WHO DO NOT SPEAK ENGLISH OR ARE MORE PROFICIENT
19
20
INTERPRETER.
21
22
23
WITNESS'S TESTIMONY.
24
16.
25
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17.
8
9
10
11
12
13
14
15
16
CONFERENCE.
17
18
19
18.
20
21
PATENTS.
22
23
24
25
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SOMETHING.
10
INFRINGEMENT.
11
12
FEDERAL COURT.
13
14
15
16
MAKE IT, AND HOW TO USE IT SO OTHERS SKILLED IN THE FIELD WILL
17
18
THE
19
SENTENCES.
20
21
22
BOUNDARIES.
23
24
PROSECUTION.
25
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PATENTS.
"PRIOR ART."
10
11
12
13
14
ART.
15
16
17
18
19
20
21
22
23
PREFERENCES."
24
25
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WRITING WHAT THE EXAMINER HAS FOUND AND WHETHER ANY CLAIM IS
3
4
5
CLAIMS.
8
9
10
11
12
13
BACK AND FORTH BETWEEN THE PATENT EXAMINER AND THE APPLICANT
14
15
16
17
ALL OF THIS
THE FACT THAT THE PTO GRANTS A PATENT DOES NOT NECESSARILY
18
19
20
21
PRESENTED TO YOU.
22
23
24
25
19.
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7
8
9
10
11
12
13
PATENT CLAIMS.
14
15
16
17
18
19
20
21
22
23
24
25
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2
PATENT.
10
11
12
13
14
15
16
OF THE '647, '959, '414, AND '721 PATENTS AND ARGUES THAT, IN
17
18
DEFENSE TO INFRINGEMENT.
19
INVALIDITY IS A
20
OTHER PATENTS.
21
22
23
24
25
YOU NEED
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INFRINGEMENT.
CERTAIN IPHONE AND IPOD TOUCH PRODUCTS THAT SAMSUNG ARGUES ARE
9
10
11
12
SAMSUNG.
13
INVALID.
14
15
16
17
'414, '172 OR '959 PATENTS, AND SAMSUNG DOES NOT CONTEND THAT
18
19
20
21
22
HOLDER'S PATENTS.
23
24
25
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3
4
5
8
9
I WILL
10
11
12
13
14
15
AS I MENTIONED, THE
16
17
18
19
20
21
22
23
24
VERDICT.
25
FINAL INSTRUCTION.
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OPENING STATEMENT.
IT
WITNESSES
WILL TAKE THE WITNESS STAND AND THE DOCUMENTS WILL BE OFFERED
8
9
ON SOME
10
11
THAN NOT.
12
13
14
15
16
BEEN WILLFUL.
17
18
19
20
21
APPLE
22
YOU THAT IT IS MORE LIKELY THAN NOT THAT SAMSUNG HAS INFRINGED
23
APPLE'S PATENTS.
24
25
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3
4
5
YOU THAT IT IS MORE LIKELY THAN NOT THAT APPLE HAS INFRINGED
SAMSUNG'S PATENTS.
8
9
10
11
12
13
14
15
16
17
TO KEEP AN OPEN MIND AS THE EVIDENCE COMES IN AND WAIT FOR ALL
18
19
20
IN OTHER WORDS,
21
FINAL INSTRUCTIONS ON THE LAW THAT APPLIES TO THE CASE, AND THE
22
23
NOT EVIDENCE.
24
25
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WHY
THE COURT:
ABOUT 17 MINUTES.
10
8
9
IT'S
THE COURT:
STATEMENTS.
ALL RIGHT.
TO DO SO.
11
12
13
14
LUNCH BREAK FROM NOON TO 1:00 AND HAVE OUR REGULAR AFTERNOON
15
BREAKS.
16
17
18
19
20
21
OKAY?
ALL RIGHT.
GO AHEAD, PLEASE.
MR. MCELHINNY:
PLAINTIFF.)
MR. MCELHINNY:
GOOD MORNING.
JURORS:
23
MR. MCELHINNY:
25
22
24
GOOD MORNING.
WHERE WERE YOU ON JANUARY 9TH, 2007?
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2
DISPUTE TO A JURY LIKE YOU, AND DURING THAT TIME, TIME PASSES
AND LIFE CHANGES AND THINGS THAT WERE NEW BEFORE NOW SEEM
COMMON.
AND SO ONE OF THE TESTS HERE, ONE OF THE THINGS THAT YOU
10
11
12
WHERE WERE
13
14
15
16
17
18
19
YOU MET
20
21
22
23
24
SUBSIDIARIES.
25
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THAT JUDGE KOH WILL GIVE YOU AT THE END OF THIS CASE.
WHO'S THE GENERAL COUNSEL OF APPLE, AND NOREEN KRALL, WHO'S THE
NOREEN IS MY BOSS.
8
9
10
AND
11
12
13
14
15
16
THE PEOPLE AT
17
18
SOMEBODY THE OTHER DAY JUST SAID TO ME, DO YOU REMEMBER WHEN
19
20
21
22
23
24
25
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THOSE EFFECTS.
YOU WILL HAVE THESE IN THE JURY ROOM WHEN YOU'RE DONE.
IT WAS
10
11
12
13
14
15
IN 2007,
16
17
2007.
18
19
20
21
CORRECT.
22
23
24
25
THE ARTICLE ITSELF SAID THAT THE PHONE WAS TOUCHY FEELY.
IT WAS A TOUCHSCREEN DEVICE.
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1
OF INTERFACE."
5
6
7
8
9
10
11
OUR INVENTIONS ARE AND WERE TRIVIAL AND THAT THEY ARE NOT
12
VALUABLE.
13
14
15
EXHIBIT 134.
16
ARTICLE FROM THE "NEW YORK TIMES" REPORTING THAT THE U.S.
17
PATENT AND TRADEMARK OFFICE, THE OFFICE THAT YOU JUST HEARD
18
19
20
21
HERE IS AN
22
23
24
25
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YOU WILL HEAR EVIDENCE FROM PEOPLE WHO WERE THERE DURING
THIS TRIAL, THAT THE IPHONE WAS THE RESULT OF A THREE YEAR, TOP
10
11
12
13
EVERYTHING.
14
YOU WILL HEAR THAT AT THE TIME, IN 1974 WHEN THIS PROJECT
15
16
17
OUT OF BUSINESS.
18
19
20
IT HAD NO PHONE
21
EXPERIENCE.
22
23
IN THE WORLD:
24
25
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PUTTING ITS TIME AND ITS MONEY AND ITS INVESTMENT AND ITS
ITS COMPETITORS.
THEM.
AWARDED IN CONNECTION WITH THAT PROJECT AND WORK THAT WAS DONE
AT APPLE.
10
THE MOVIE.
11
12
13
14
15
UNFORTUNATELY, IN YOUR
THIS PATENT, WHICH YOU'LL SEE WE'VE BLOWN UP, WAS APPLIED
16
FOR IN 2009.
17
18
19
20
INDULGE ME, PLEASE, ONCE SO THAT YOU HAVE THIS ONCE AND THEN WE
21
22
PATENT.
23
24
25
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2
3
4
WE SAY WE'LL
APPLE.
10
11
12
13
14
15
16
17
18
19
20
AND THEY
21
CLAIMS.
22
23
24
THEY ARE, LIKE YOU'VE NOW HEARD THREE TIMES, THEY GIVE YOU THE
25
AND
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AND SO WHEN YOU LOOK AT THE TEXT OF THE PATENT, YOU'LL SEE
COLUMN NUMBERS.
9
10
11
AND AT
12
13
14
SO YOU GO TO THE COLUMN, THE TOP OF THE PAGE, RUN DOWN THAT
15
INDEX IN THE MIDDLE AND FIND THE LINES THAT YOU'RE LOOKING FOR,
16
17
18
22, AND THEY START WITH ONE OF THE PHRASES THAT'S TYPICAL IN
19
20
21
END, AND IT SAYS THIS IS WHERE THE CLAIMS START FROM HERE ON.
22
23
ASSERTING CLAIM 8 OF THE '721 PATENT, AND AS YOU WILL SEE, THIS
24
25
CLAIMS.
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TOGETHER.
8
9
10
11
12
INVENTION.
13
14
15
16
17
THAT'S OUR NAME FOR IT INSTEAD OF THE FORMAL NAME THAT I SHOWED
18
YOU BEFORE.
19
20
21
IF YOU WOULD PUT THEM IN YOUR POCKET, EVERY ONCE IN A WHILE YOU
22
23
24
25
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UNINTENDED CALL.
IT'S AN
10
11
12
13
14
15
16
THE
17
UNLOCKING DEVICE, IF YOU THINK ABOUT IT, IS THE FIRST WAY YOU
18
19
DO ON THE PHONE.
20
21
22
23
24
25
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1
2
YOU THAT.
(A VIDEOTAPE WAS PLAYED IN OPEN COURT OFF THE RECORD.)
MR. MCELHINNY:
IT'S BECOME A
THE '172 PATENT, AND WE CALL THAT THE AUTOMATIC WORD CORRECTION
PATENT.
10
11
12
IT WAS
13
14
15
16
17
18
19
20
DOING THAT, DISPLAYS THE TEXT THAT YOU ARE ACTUALLY TYPING IN
21
22
MORE WORD SUGGESTIONS AND THE EXACT TEXT THAT YOU HAVE TYPED.
23
24
25
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1
4
5
6
TELL YOU WHAT IT IS, BUT IT'S ANOTHER PART OF BEING A VERY
10
11
12
13
14
15
16
17
18
19
20
YOU HAVING TO REMEMBER WHAT THAT PHONE NUMBER WAS OR PUT YOUR
21
PHONE DOWN AND WRITE IT DOWN AND THEN GO BACK AND ENTER IT INTO
22
23
24
25
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1
10
AND
BUT WHAT IT MEANS IS YOU COULD ADD SEARCH TERMS, AND THEY
11
12
13
14
15
16
17
FIND USEFUL.
18
19
20
21
22
23
24
25
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1
WOULD GET A SIGNAL ON THE PHONE THAT SAY WAIT UNTIL WE'RE
AT THE SAME TIME SO THAT THE USER IS NEVER DISRUPTED AND NEVER
BACKGROUND.
10
11
12
13
MANY FEATURES.
14
IT COPIED MANY,
15
TRIAL.
16
17
MR. QUINN:
19
THE COURT:
OVERRULED.
20
MR. MCELHINNY:
18
WE CAN'T
THIS IS NOT
PROPER.
21
22
OF THE IPHONE.
23
24
25
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1
2
3
4
10
11
12
13
14
15
16
PENDING, IS THAT EACH SIDE HAS TO TURN OVER TO THE OTHER ITS
17
18
OF DOCUMENTS.
19
20
21
22
SAME AS WHAT YOU GET TOLD IN THIS TRIAL, BUT WE HAVE THE
23
24
PERIOD OF TIME.
25
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1
FOLLOWING EXHIBIT:
J.K. SHIN, WHO WAS THE HEAD OF THE ENTIRE PHONE DIVISION AT
MANAGERS.
HE SCOLDED THEM.
10
11
EARTH.'"
12
13
THE UNITED STATES, AS YOU KNOW, THEY ARE THE LARGEST SELLERS OF
14
15
MR. SHIN TOLD HIS MANAGERS THAT THE U.S. PHONE CARRIERS WERE
16
17
18
19
20
21
22
WE ALL KNOW NOW THAT SAMSUNG CHOSE TO MAKE AND SELL IN THE
23
24
25
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1
TABLETS.
SIMILAR TO THIS.
WILL HAVE A LIST THAT LISTS THE VARIOUS SAMSUNG PHONES THAT WE
ARE ACCUSING.
BUT OUR EXPERTS AND OUR -- AS THE EVIDENCE COMES IN, YOU
FIVE PATENTS.
10
11
THE COURT:
12
MR. MCELHINNY:
13
THE COURT:
14
15
THAT'S FINE.
IT'S 10:30.
ALL RIGHT.
16
17
BREAK.
18
19
20
21
22
23
24
25
THE COURT:
OKAY.
WELCOME BACK.
ALL RIGHT?
THANK YOU.
GO AHEAD, PLEASE.
MR. MCELHINNY:
THANK YOU.
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DEVELOPMENT PROCESS.
EXHIBIT 119.
GROUP IN EUROPE.
THAT'S A FRENCH
10
11
12
13
14
15
M-I-E-U-X.
16
17
18
MOBILE INTERFACE."
19
AND ON THE THIRD PAGE, THEY SAY THAT WHAT THEY WERE
20
21
."
22
23
24
25
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FUNDAMENTAL.
5
6
MEANINGFUL CREATIVITY."
AT THE TOP, IN THE PICTURES AND THE TWO BOXES ON THE LEFT,
AN UNLOCK SCREEN OR AN OKAY BUTTON, AND THE OTHER WAS WHERE YOU
10
11
12
UNLOCKING THE PHONE "DO NOT EVOKE EMOTION," AND FOR THE OTHER
13
14
15
CALLED OUT WHAT THEY CALLED, QUOTE, "A CREATIVE WAY TO SOLVE
16
17
18
19
20
21
22
23
24
25
IT'S CALLED
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COMPETITIVE INTELLIGENCE.
THAT.
BUT THE EVIDENCE IS GOING TO SHOW YOU THAT SAMSUNG DID NOT
6
7
THIS IS PLAINTIFF'S
EXHIBIT 121.
10
QUITE THIS THICK, BUT IT'S HALF THIS THICK, AND I'M GOING TO
11
12
13
14
IT'S IN THE
AND IT'S DATED MAY 31ST, 2010, AND IT WAS CALLED VICTOR
USABILITY EVALUATION RESULTS.
AND THE EVIDENCE WILL BE THAT VICTOR WAS A CODE NAME FOR A
15
SO THIS WAS A
16
17
18
19
20
USABILITY ISSUES."
21
22
23
24
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2
3
"EFFICIENCY_BROWSING."
I JUST
10
SIDE AND THE IPHONE ON THE RIGHT SIDE AND A DESCRIPTION OF THE
11
DIFFERENCES.
12
13
14
15
16
17
SO IN THIS
18
19
20
21
22
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PHONES.
8
9
10
11
BUT IF THAT'S NOT CLEAR ENOUGH FOR YOU, IF THAT LEAVES ANY
DOUBT IN YOUR MIND, TURN TO PAGE 100 OF THE EXHIBIT, AND THERE
WE COME BACK TO LOCK, "SATISFACTION LEVEL_LOCK SCREEN."
HERE THE PROBLEM WAS THAT THE VICTORY PROTOTYPE WAS TOO
12
13
14
15
16
17
18
THE UNLOCKING IN
"SAME AS IPHONE,
19
20
COPYING.
21
YOU WILL FIND THAT THE SAME IS TRUE WITH THE QUICK LINKS
22
OR DATA DETECTORS.
23
24
25
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ON THE SECOND
8
9
10
DETECTORS IN ACTION.
11
FOR A MOMENT.
12
DETECTORS IN ACTION.
13
14
15
16
17
18
19
20
21
22
THE ILLUSTRATION FROM THE APPLE ARTICLE INTO ITS OWN ROADMAP,
23
BUT TOOK SPECIAL CARE TO CHANGE THE CAPTION SO THAT IT NOW SAYS
24
25
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2
I HOPE IT JUMPED OUT AT YOU, BUT THE COURT HAS ALREADY TOLD YOU
EXHIBIT 115.
10
11
DEVELOPMENT.
ON PAGE 3, IT HAS A SECTION THAT EXPRESSLY DESCRIBES
12
BACKGROUND SYNC.
13
PROGRESS."
14
15
16
17
PLATFORM."
18
19
20
21
22
23
24
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10
11
LOCAL
12
LOCAL SEARCH ALLOWS FOR THE SEARCH APP TO LOOK FOR FILES ON THE
13
14
15
16
17
18
19
20
21
22
23
24
25
IN THE FEATURE PHONE SPACE" YOU HEARD THAT WAS THE BUTTON
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PHONES, "IN THE FEATURE PHONE SPACE APPLE IS BUSY MAKING THE
CATEGORY OBSOLETE."
5
6
WELL TO TOUCH."
THEY CONCLUDE -- IT'S INTERESTING, YOU WILL HEAR FROM
10
11
LITTLE UTILITY.
12
13
14
IS ALMOST IRRELEVANT."
15
16
17
18
19
20
21
BONUS."
22
23
WITNESSES FOR SAMSUNG GET UP THERE AND SAY OUR SOFTWARE PATENTS
24
25
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2
DOCUMENTS SAID.
THEY CHOSE TO USE OUR INVENTIONS BECAUSE THEY BELIEVED
PRODUCT.
10
11
12
13
THAT TO YOU.
14
15
16
17
18
19
20
21
22
PROFESSOR COCKBURN IS AN
23
24
25
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PHONE.
YOU ARE READY TO UNLOCK THE PHONE, YOU TOUCH THAT GREEN PADLOCK
ICON.
10
11
12
13
MR. MCELHINNY:
14
'647 PATENT.
15
16
WHEN
17
18
19
20
21
22
ADDRESS.
23
24
25
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EPIC 4G PHONE.
(VIDEO PLAYING.)
MR. MCELHINNY:
10
SEARCH APPLICATION FROM THE HOME SCREEN, AND YOU CAN SEE THE
11
12
13
14
INTERNET RESULTS, AND YOU CAN SEE APPLE AND APPLE STORE HERE.
15
16
17
18
19
20
21
22
23
24
25
ON THE LEFT WE'VE GOT LARRY AND ON THE RIGHT WE'VE GOT
AARON.
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E-MAIL.
AARON'S PHONE THE NAME LARRY ANDERSON WILL POP-UP, SHOWING THAT
8
9
10
11
12
INTERRUPTION OR DELAY.
13
14
NUMBERS.
15
16
37 MILLION.
17
18
19
20
21
22
23
GOING TO SAY THAT THE EVIDENCE THAT THEY COPIED THE IPHONE IS
24
25
YOU WILL
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OBVIOUS.
BEGINNING.
10
11
12
13
14
INVENTION AND THAT IT'S ITS CREATIVITY AND IT'S ALLOWED TO GIVE
15
16
17
18
19
20
21
GOOGLE.
22
23
24
SOFTWARE.
25
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ABOUT GOOGLE.
FEATURES.
6
7
10
11
12
13
14
MISTAKE NOT ONCE, NOT TWICE, BUT ON EVERY ONE OF THE FIVE
15
16
17
18
19
20
21
22
23
THAT WE COULD HAVE DONE THE SAME THING THAT AREN'T COVERED BY
24
YOUR PATENTS.
25
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I CALL IT THE
COPY THESE FEATURES, NOT SOME OTHER WAY, THAT BECAUSE THEY
COULD HAVE DONE IT SOME OTHER WAY, MAYBE THEY SHOULD HAVE DONE
IT SOME OTHER WAY, MAYBE THEY CAN DO IT SOME OTHER WAY, THESE
10
BUT THE TRUTH IS, AND YOU CAN TELL FROM THE DOCUMENTS,
11
12
13
14
DIDN'T, BECAUSE THEY WENT WITH WHAT THEY THOUGHT WOULD SELL
15
THEIR PRODUCTS.
16
BUT THEY
17
18
19
PART WILL MAKE MORE SENSE AFTER YOU'VE HEARD ALL THE EVIDENCE,
20
21
HAPPEN.
22
23
24
YOU DECIDE THAT THE PATENT AND TRADEMARK OFFICE ACTUALLY WAS
25
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IT'S
COULDN'T USE OUR PROPERTY, IF IT HAD NOT BEEN ABLE TO SELL ITS
10
AND IF YOU BELIEVE THAT, YOU WILL HEAR THAT WE'RE ENTITLED
11
12
NUMBER TO YOU.
13
14
15
THOSE 37, OVER 37 MILLION BUYERS WOULD NOT HAVE BOUGHT AN APPLE
16
17
18
19
NOT ONE.
20
21
TELLS YOU HERE WILL NOT MATCH WHAT YOU SEE IN THEIR INTERNAL
22
DOCUMENTS.
23
24
25
IT WAS
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2
APPLE.)"
AND THEY SAY "THE THREAT FROM APPLE IS EXTREMELY REAL AND
VENDOR."
10
11
12
YOU'LL SEE PAGE 156 WHERE SAMSUNG DESCRIBED THE U.S. MARKET AS
13
14
15
"TWO HORSE RACE" AND DESPITE SAYING THAT THE THREAT FROM APPLE
16
IS, TO USE THEIR WORDS, "EXTREMELY URGENT AND REAL," THEY WILL
17
STAND HERE AND TELL YOU, THEIR WITNESSES WILL TELL YOU UNDER
18
19
20
PRODUCT.
21
22
23
24
25
COMPLICATED.
FOR THE SALES, FOR THE OTHER 90 PERCENT OF THIS 38 MILLION
FOR WHICH WE DO NOT GET LOST PROFITS, THE LAW SAYS, I BELIEVE
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THE JUDGE WILL INSTRUCT YOU AT THE END OF THE CASE THAT WE'RE
8
9
10
11
12
13
14
15
AS SHE TOLD YOU, AT THE END OF THE TRIAL JUDGE KOH WILL
GIVE YOU THE ACTUAL INSTRUCTIONS.
BUT IN A BROAD SENSE SHE WILL TELL YOU, I BELIEVE, TO USE
16
17
18
19
20
21
YOU PUT YOURSELF IN THEIR HEADS AND YOU FORCE THEM TO NEGOTIATE
22
23
24
25
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PROCESS.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
UNITED STATES.
24
APPLE HAD ALREADY SEEN THE EFFECT OF THE FIRST WAVE, AND
25
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2
NEGOTIATION:
THAT YEAR AND THE YEAR FOLLOWING, TO MAKE THEIR FIRST PURCHASE
10
HAD SEEN, THAT SAMSUNG DID NOT HAVE THE ABILITY TO CREATE ITS
11
12
13
SAMSUNG.
14
15
DOCUMENTS.
16
17
DESIGN; THEY WOULD HAVE KNOWN FROM THE DOCUMENT I SHOWED YOU,
18
AND ABOUT FIVE OTHERS THAT YOU'RE GOING TO SEE, THAT THE
19
20
21
WOULD HAVE BEEN THINKING THAT COMPETING AGAINST APPLE WAS THEIR
22
NUMBER 1 PRIORITY.
23
24
THINK YOU WILL AGREE THAT SAMSUNG WOULD NOT HAVE BEEN -- THAT
25
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2
ABOUT $33 PER PHONE, $40 AT THE TOP END FOR EVERY PHONE THAT
GIVEN THE YEARS OF RESEARCH, GIVEN THE RISK THAT APPLE HAD
10
11
12
13
14
HAVE ALREADY RECOGNIZED BUT YOU WILL CERTAINLY GET THERE, THAT
15
16
17
BILLION.
18
IT'S OVER $2
19
THAT THE REASON THAT THE DAMAGES IN THIS CASE ARE HIGH IS
20
21
22
PROPERTY.
23
24
25
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THEY GOT
WORLD HAD NOT SEEN, AND BY BEING RIGHT IN THEIR DESIGN CHOICES.
EVIDENCE, THAT APPLE HAS BEEN HURT VERY, VERY BADLY BY THE
THIS CASE AND WHICH IT HAS USED SO EFFECTIVELY TO CARVE OUT ITS
I SPENT A MINUTE LAYING OUT FOR YOU WHAT SAMSUNG WAS GOING
10
11
12
13
BILL LEE.
14
15
THE COURT:
MR. LEE:
17
THE COURT:
18
MR. LEE:
20
YOU HAVE
22 MINUTES.
YES.
21
MR. LEE:
22
23
TIME IS 11:27.
UNTIL 11:49.
16
19
ALL RIGHT.
GOOD
24
25
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10
11
12
13
14
15
16
17
IN MY PORTION OF THE
18
19
20
21
22
YOU WILL NOT HEAR OF ONE PATENT THAT RESULTED FROM ANY
WORK, ANY INNOVATION THAT SAMSUNG DID BY ITSELF.
AND WHY?
23
24
25
LATER IT WAS
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AS
MR. MCELHINNY HAS SAID, APPLE KNEW THAT SAMSUNG WAS COPYING.
4
5
6
7
8
9
10
11
12
STOP."
13
INFRINGING AND COPYING, THEY WENT OUT AND BOUGHT TWO PATENTS,
14
15
THE TWO PATENTS THAT YOU'RE GOING TO HEAR ABOUT HERE, ONE
16
CALLED THE '449 PATENT, ONE CALLED THE '239 PATENT, BOTH
17
18
19
20
21
22
THOSE ARE
23
24
25
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2
PATENTS.
APPLE IS NOT GOING TO COME HERE AND SAY FOR THESE TWO
MADE A MISTAKE.
10
11
12
VERY OBSOLETE.
13
14
DO YOU REMEMBER ON THE VIDEO TODAY WHEN THEY TOLD YOU THAT A
15
16
17
18
19
20
21
22
23
24
25
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YOU WILL LEARN, AND YOU WILL HEAR FROM THE PEOPLE WHO DID
INFRINGING.
10
IN FACT, YOU WILL LEARN THAT THE PEOPLE WHO DID THE WORK
11
FOR APPLE DIDN'T EVEN KNOW ABOUT THESE PATENTS WHEN THEY
12
13
INFRINGEMENT.
14
15
16
AND WE'LL ASK YOU AT THE END OF THE CASE TO COMPARE THAT
TO WHAT YOU'VE SEEN FROM SAMSUNG.
SO WHY THEN DOES SAMSUNG ASSERT THESE PATENTS?
THE
17
18
19
PATENTS.
20
21
22
23
24
25
MULTIPLE EXPERTS TO COME AND SIT IN THAT STAND AND TALK TO YOU
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ABOUT THIS PATENT, AND THEY'VE PAID THEM MORE THAN THE AMOUNT
WITH LOW DAMAGES CLAIMS BECAUSE THEY WANT YOU TO BELIEVE THAT
THEY ARE HOPING THAT WHEN YOU TURN THE 37 MILLION ACTS OF
10
11
12
13
14
WORTH MUCH.
15
16
TOOK.
17
18
BETTER.
19
THEY KNOW
THEY KNOW WHAT AN INVENTION IS, AND THEY KNOW WHAT THE
20
21
INVENTIONS.
22
23
24
25
THE
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WHO'S ON THE LEFT-HAND SIDE OF THE SCREEN THERE, AND HE'S GOING
OF VIDEO COMPRESSION, AND HE, TOO, WILL EXPLAIN TO YOU HOW THE
9
10
11
12
13
AS
14
15
SMARTPHONES.
16
17
18
IT
19
20
21
THAT IT THE DIGITAL CAMERA DISPLAY A LIST, AND THAT THAT LIST
22
BE IN A SEARCHABLE FORM.
23
24
25
SCREEN NOW.
IT IS IN
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ALLOW YOU TO DISPLAY ALL OF THE PHOTOS YOU HAD TAKEN IN A WAY
WHERE YOU COULD SIMPLY LOOK AT THEM AND SCROLL THROUGH THEM.
5
6
THERE IS
SOMETHING CALLED THE CAMERA ROLL, AND I'M GOING TO PUT THE
10
11
12
13
14
THE PHOTO.
15
16
18
19
YOUR CONTACTS.
21
22
23
24
25
17
20
YOU
WHY?
IT SEARCHES
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COMPONENTS TO APPLE.
COMPONENTS.
DID IT SAY, "WE'RE SELLING YOU THESE COMPONENTS, BUT YOU OUGHT
PROBLEM."
10
NEVER ONCE.
11
12
THE COMPONENTS YOU'RE BUYING FROM US ARE NOW INFRINGING IT, AND
13
14
15
WE PURCHASED IT.
16
17
18
19
OF YOU MAY HAVE SEEN ON TV, SOME OF YOU ON YOUR OWN PHONES,
20
21
22
AS MANY
23
24
25
HE IS AN
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ENGINEER WHO HELPED DEVELOP AND WILL DESCRIBE THE TIME AND
3
4
10
AND CONTRARY
11
12
13
14
15
16
THAT'S WHY, WHEN YOU LOOK AT THE CLAIMS AGAIN, AND I'LL
17
18
19
20
BUT WHAT YOU WILL LEARN IS THIS PATENT CAME INTO BEING AT
21
A TIME WHEN VIDEO WAS ANALOG, NOT DIGITAL, AND THE ONLY WAY TO
22
23
24
FORM.
25
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THE PATENT DESCRIBES, AND I'M GOING TO SHOW YOU FIGURE 1 FROM
THE PATENT.
IS THE VIDEO IS TAKEN FIRST BY THE VIDEO CAMERA, AND THEN IT'S
8
9
10
11
AND SIGNIFICANT.
12
VCR'S, AND THEY GOT AWARDS FOR IT, AND THIS IS THE PRODUCT THAT
13
14
15
CELL PHONES.
16
17
BUT YOU WILL LEARN THAT THE IPHONE AND THE IPAD DON'T NEED
18
19
20
21
22
23
24
25
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YOU ON.
ABOUT THE ENORMOUS RISK THAT APPLE TOOK AS A COMPANY, BUT ALSO
REVOLUTIONIZE COMMUNICATIONS.
10
11
12
13
YOU NOW KNOW THAT AFTER STEVE JOBS INTRODUCED THE IPHONE,
14
15
16
17
NOW, FOCUS ON THE TWO CLAIMS, THE TWO PATENTS THAT THEY'RE
18
19
20
21
PATENTS.
22
23
IPAD?
24
25
NO.
FOR THE
NO.
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IT COULD NOT
TO STOP."
YOU NEED
8
9
10
INNOVATION AND IT COULD HAVE COME OUT WITH ITS OWN PRODUCTS,
11
12
IT COULD HAVE
13
14
TIMES, AND IT COULD HAVE GONE OUT AND BOUGHT TWO PATENTS AND
15
16
17
I WANT TO END
18
WHERE MR. MCELHINNY STARTED, BY THANKING YOU FOR YOUR TIME AND
19
20
21
APPLE.
22
23
24
25
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2
3
4
5
FIREHOSE.
BUT IF WE DO OUR JOB, WE WILL MAKE THAT TECHNOLOGY AND
THAT EVIDENCE UNDERSTANDABLE TO YOU.
IF WE DO OUR JOB, YOU WILL KNOW WHO THE TRUE INVENTORS AND
INNOVATORS ARE.
10
11
12
THANK YOU.
13
14
THE COURT:
NOON.
OKAY?
OKAY.
THANK YOU.
15
MR. QUINN:
OKAY.
16
THE COURT:
11:47.
17
MR. QUINN:
18
19
OPENING.
GO AHEAD, PLEASE.
20
21
WE'LL STOP AT
WOW.
22
23
24
25
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THAT YOU APPRECIATE THAT YOU'VE ONLY HEARD A SMALL PART OF THE
STATEMENTS TO YOU.
10
TO SYNC.
11
ON A PHONE.
12
13
14
15
VERY, VERY NARROW SOFTWARE CLAIMS THAT COVER ONE ABILITY, ONE
16
17
DIFFERENT WAYS.
18
19
20
21
22
23
24
25
AND THEY PUT THAT NUMBER OUT THERE TO PUT IT IN YOUR HEADS
SO THAT THAT'S THE DAMAGES HORIZON THAT YOU'RE THINKING OF.
FOLKS, I'LL PROVE TO YOU IN MY OPENING STATEMENT THAT THAT
IS A GROSS, GROSS EXAGGERATION AND AN INSULT TO YOUR
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INTELLIGENCE.
IT WAS THE INVENTION OF THE YEAR ALL THOSE YEARS AGO BACK IN
2007.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
SAMSUNG.
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IT'S
10
11
12
13
14
15
16
LARGER THAN, YOU KNOW, THE SAMSUNG -- THE IPHONE SCREEN WAS AT
17
18
19
20
21
22
23
24
25
BATTERY.
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COOL.
10
11
12
13
14
15
16
THIS
THE
17
18
19
20
21
22
23
24
DIDN'T HAVE THEM, PEOPLE WOULD HAVE BOUGHT A LOT MORE IPHONES.
25
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8
9
10
11
12
13
14
15
16
17
NONE OF
NOT
18
19
20
21
22
23
24
25
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THE JURY, EXCEPT FOR APPLE, USED BY ALL HARDWARE COMPANIES, ALL
8
9
10
FINGER AT GOOGLE.
11
GOOGLE.
12
WILL HEAR FROM IN THIS TRIAL, WILL EXPLAIN TO YOU HOW THEY
13
14
15
IT'S NOT
16
ABOUT THEM CAUSING PEOPLE NOT TO BUY IPHONES AND INSTEAD TO BUY
17
SAMSUNG PHONES.
18
19
20
21
22
AND TESTIFY AND WILL TELL YOU THAT CONSUMERS DON'T CHOOSE ONE
23
24
25
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DO THAT.
THEY DON'T BUY A PHONE BECAUSE OF THE PARTICULAR WAY THAT
DO THAT.
5
6
7
THAT'S NOT
FOLKS.
10
11
REAL WORLD RESEARCH THAT THEY DO FOR BUSINESS EVERY SINGLE, YOU
12
KNOW, EVERY DAY, OR HOWEVER OFTEN THEY DO IT, NOT FOR COURT
13
CASES, NOT FOR HIRED EXPERTS, NOT FOR LAWYERS, BUT WHAT THEY DO
14
15
16
17
18
19
THEY
THEY
20
21
IN THE PHONE THAT MOST CONSUMERS ARE NOT EVEN AWARE THAT IT'S
22
THERE, AND THEY WANT TO TAKE THAT BIG NUMBER NOT ONLY TO THE
23
BANK, NOT ONLY TO THE BANK, BUT TO GET AN ORDER SAYING THAT
24
25
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2
MR. MCELHINNY:
ARGUMENT.
THE COURT:
OVERRULED.
MR. QUINN:
THIS IS
OVERRULED.
IT'S AN ATTACK AN
AND
10
11
12
THEM.
13
14
15
THE ONLY WAY THAT APPLE CAN MAKE THIS CLAIM FOR BILLIONS
16
17
18
WHICH THEY DID SPECIALLY FOR YOU BY THE MAN WHOSE NAME WAS
19
20
SOME TIME TALKING WITH YOU THIS AFTERNOON ABOUT DR. HAUSER AND
21
22
23
24
25
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2
3
4
5
SOFTWARE AND TO GET THE PROFITS THAT SAMSUNG HAS EARNED SELLING
10
11
12
13
ANDROID PHONES.
IT IS TRYING TO GAIN FROM YOU IN THIS COURTROOM WHAT IT
HAS LOST IN THE MARKETPLACE.
YOUR HONOR, WOULD THIS BE A GOOD PLACE TO BREAK?
14
15
THE COURT:
LUNCH.
IT'S 12:01.
16
17
18
19
THE COURT:
20
THANK YOU.
21
(THE LUNCH RECESS WAS TAKEN FROM 12:02 P.M. TO 12:59 P.M.)
22
23
24
25
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2
AFTERNOON SESSION
(JURY OUT AT 12:59 P.M.)
THE COURT:
WELCOME.
AN ISSUE?
MR. MCELHINNY:
THE COURT:
MR. SELWYN:
IS THAT RIGHT?
I
IS THERE
OH, OKAY.
GOOD AFTERNOON, YOUR HONOR.
WITH THE
10
THE COURT:
11
MR. SELWYN:
YES.
-- MR. SCHILLER, SAMSUNG, WE UNDERSTAND,
12
13
14
15
16
DOCUMENTS MUCH THE WAY WE'VE HANDLED SOURCE CODE IN THE PAST,
17
18
19
20
21
22
23
24
25
STRATEGY.
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THE COURT:
ALL RIGHT.
WE'VE USED IN THE PAST AND I DON'T SEE WHY A PARTICULAR PIECE
10
MR. SELWYN:
I DON'T WANT TO
11
12
13
14
ON THE SCREEN.
15
MR. PRICE:
16
17
CROSS-EXAMINATION.
18
19
THE COURT:
20
MR. PRICE:
SURE.
21
THE COURT:
PLEASE.
22
MR. PRICE:
23
24
25
IT'S AN EXAMPLE.
MR. SELWYN:
I'LL SHOW TO
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WE GET INTO FROM 13, 14, AND THEN MOST OF THE REMAINDER OF
7
8
9
THE COURT:
OKAY.
10
I'M GOING TO GIVE YOU A RULING, NOT RIGHT NOW, AND WE'RE GOING
11
12
OKAY.
I'LL TAKE A
13
14
15
MR. SELWYN:
16
THE COURT:
MR. PRICE:
17
18
19
THANK YOU.
DISPUTE?
20
THE COURT:
OKAY.
21
MR. PRICE:
22
23
SAME INFORMATION.
THE COURT:
NO, NO.
24
WANT TO USE.
25
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MR. PRICE:
THE COURT:
413.
MR. PRICE:
THE COURT:
MR. PRICE:
YES.
THE COURT:
OKAY.
MR. PRICE:
PAGE 14.
THE COURT:
ALL RIGHT.
10
THING.
IN PARTICULAR, YOUR HONOR, PAGE 8.
ALL RIGHT.
WHAT ELSE?
11
MR. PRICE:
NO.
12
THE COURT:
13
MR. SELWYN:
15
THE COURT:
16
MR. SELWYN:
17
THE COURT:
19
MR. SELWYN:
20
THE COURT:
OKAY.
21
MR. PRICE:
PAGE 14.
22
THE COURT:
OKAY.
23
MR. PRICE:
24
THE COURT:
OKAY.
25
WHEN DOES
14
18
2014.
SO YOU WANT PAGE 8.
IS THAT IT?
WHAT ELSE?
DISPUTE?
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MR. PRICE:
MR. SELWYN:
DIFFERENT DOCUMENT, WHICH IS THE ONE THAT WE HAD BEEN TOLD THAT
MR. PRICE:
THE COURT:
OKAY.
WHAT HAPPENED?
I RULED ON THE
10
OBJECTIONS THAT YOU ALL FILED YESTERDAY DURING LUNCH AND LAST
11
NIGHT.
12
13
14
MR. PRICE:
NO.
15
THE COURT:
16
MR. PRICE:
17
THESE WERE
DISCUSSED.
18
MR. SELWYN:
19
FOR THREE DAYS AND TRYING TO GET SPECIFICITY ABOUT WHAT WILL BE
20
OFFERED.
21
THIS IS THE FIRST TIME WE'VE HEARD ABOUT THESE THREE PAGES
22
23
WOULD BE USED.
24
25
WE MAY BE ABLE TO
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THE COURT:
ALL RIGHT.
LONGER.
SO WHY DON'T YOU MEET AND CONFER, AND LET ME KNOW IF YOU
MR. SELWYN:
THE COURT:
10
MR. PRICE:
11
THE COURT:
12
13
14
THANK YOU.
15
MR. PRICE:
16
THE COURT:
ALL RIGHT.
17
18
19
20
THANK YOU.
THE COURT:
ALL RIGHT.
WELCOME BACK.
SEAT.
MR. QUINN, IF YOU WOULD PLEASE CONTINUE.
21
MR. QUINN:
22
THE COURT:
23
MR. QUINN:
24
25
PLEASE TAKE A
GO AHEAD, PLEASE.
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ANDROID.
IT'S PURE
ANYWAY.
10
11
12
THAT COMPETITION AND ABOUT WHAT APPLE HAS CALLED IN ITS OWN
13
14
AND
15
16
17
18
19
20
21
THE
22
COMPANY THAT GOT INTO THE SMARTPHONE WORLD, WHICH WAS ALSO VERY
23
24
25
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I THINK MANY
8
9
10
LOTS OF
IT
11
LET ME TELL YOU ABOUT THE ANDROID STORY AND HOW THE
12
13
BACK IN 2005, TWO YEARS BEFORE THE IPHONE CAME OUT, EIGHT
14
15
THEY JOINED GOOGLE, AND SET OUT TO SOLVE A PROBLEM IN THE PHONE
16
INDUSTRY.
17
18
19
20
LIKE.
21
22
MAKERS WERE MAKING THEIR OWN HARDWARE AND TRYING TO MAKE THEIR
23
OWN SOFTWARE AT THE SAME TIME, AND IT TURNS OUT THAT THE
24
25
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SO THESE EIGHT PEOPLE WHO JOINED GOOGLE HAD THE IDEA THAT
THAT EVERYONE COULD USE AND CUSTOMIZE AND USE TO INNOVATE AND
IMPROVE.
INSTEAD,
10
11
ALL USE, ADJUST, INNOVATE WITH, ADAPT TO THEIR OWN USES, DEEPLY
12
BRAND IT, AND TO GIVE THEM THE FREEDOM TO DO WITH THIS COMMON
13
14
15
16
17
AWAY.
18
19
PLATFORM.
20
21
22
BIGGER COMPANY.
23
24
25
IT'S BEEN
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2
EXTREMELY SUCCESSFUL.
IN ADDITION TO BEING ON HUNDREDS OF MILLIONS OF PHONES AND
DOESN'T KNOW ALL THE DEVICES IN THE WORLD THAT RUN ON ANDROID.
IT'S --
EVEN GOOGLE
MANUFACTURERS.
10
11
OWN IDEAS.
12
THEY'RE
13
14
15
16
17
18
19
20
21
22
23
24
25
AGAIN, I HAVE
THE COURT:
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MR. QUINN:
THAT WAS --
THE COURT:
GO AHEAD, PLEASE.
MR. QUINN:
THE COURT:
MR. QUINN:
THIS DOCUMENT.
IT'S
OPENING.
9
10
11
12
13
14
15
16
17
THIS.
18
19
20
STEVE JOBS, OCTOBER 2010, IT'S HIS CUT FOR THE AGENDA.
BELOW THAT.
21
22
23
24
25
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2
3
4
SAMSUNG.
FORWARD.
SERVICES.
AND MAIL."
8
9
10
11
12
13
SUCCESSFUL.
14
15
16
SAVE THEIR FILES ON A CLOUD SERVER WAS FAR AHEAD OF APPLE'S AND
17
18
19
20
21
MOBILE PHONE INDUSTRY LEADER SINCE THE EARLY 1990S, LONG BEFORE
22
23
BEEN MANY FIRSTS THAT SAMSUNG HAS CONTRIBUTED TO THE CELL PHONE
24
WORLD.
25
THERE HAVE
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DISPLAYS.
LARGER SCREENS, PHONES THAT WORK WITH STYLUSES, AND PHONES THAT
10
11
12
13
14
15
16
SAMSUNG
17
18
19
20
21
22
23
SOME OF
24
25
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IPHONE.
DIRECTIONS IN 2013.
10
11
12
13
14
15
16
17
ALL THE OTHER PHONES THAT USE THIS SAME OPEN SOURCE ANDROID
18
PLATFORM.
19
20
21
22
23
24
25
DIFFERENT WAY.
AND
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SAMSUNG'S PHONES.
CREATE ADS, AND THEY SOUNDED REAL TO PEOPLE BECAUSE THEY'RE NOT
PEOPLE WERE, REAL PEOPLE WERE SAYING ABOUT THEMSELVES AND ABOUT
REAL PHONES.
8
9
AND AROUND THE TIME THAT SAMSUNG WAS DOING THAT AND
CHANGING ITS SHIFT AND ITS APPROACH TO ADVERTISING, THERE WAS
10
11
12
AND BASICALLY THE GIST OF THE ARTICLE WAS THAT THE IPHONE
13
14
15
AND IN THE MIDDLE OF THIS ARTICLE WAS A BOX, AND THE BOX
16
COMPARED THE IPHONE 4S, APPLE'S NEW PHONE, WITH THE SAMSUNG
17
GALAXY S II.
18
19
AND FROM THAT COMPARISON, THE UPSHOT WAS PRETTY CLEAR THAT
20
ALTHOUGH THE IPHONE 4S WAS A VERY FINE PHONE, THE SAMSUNG PHONE
21
22
23
24
25
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POWERFUL.
HERE'S
10
11
AS APPLE'S IN THE U.S.," AND HERE YOU SEE APPLE HERE AND
12
SAMSUNG HERE.
13
14
15
16
HAVEN'T BEEN MADE PUBLIC BEFORE, DOCUMENTS THAT YOU WILL BE THE
17
FIRST TO SEE THAT SHOW HOW APPLE WAS REALLY CONCERNED ABOUT THE
18
19
SAMSUNG.
20
21
22
23
WHO APPLE SAYS WILL BE THE FIRST WITNESS WHO WILL TESTIFY TO,
24
25
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UNWILLING TO RESPOND.
CLIENT.
10
11
IT'S APPLE.
THAT
WE'RE
12
13
14
15
IN CALIFORNIA.
16
17
18
CONCERN?
19
20
21
22
23
24
25
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YOU UNDERSTAND WHAT APPLE IS SEEKING AND HOW THEY WENT ABOUT
CASE.
PATENTS THAT COVER -- THAT COVER ONE WAY TO HAVE A FEATURE THAT
CAN BE DONE MORE THAN ONE WAY, FEATURES -- THAT IS TO SAY, WHAT
10
11
12
13
14
A CLAIM MAY
15
NARROW FEATURES AND OVERSTATED WHAT THEY DO AND WHAT THEY OWN
16
17
18
NUMBERS, AND YOU'LL SEE THE SOLE SUPPORT, THE ONLY WAY THEY
19
20
21
22
CONCLUSIONS.
23
24
25
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THEY WOULD PAY AN EXTRA $44 FOR AN ABILITY TO SEARCH THE PHONE
AND THE INTERNET AT THE SAME TIME IN THE WAY, PARTICULAR WAY
9
10
11
12
13
DR. HAUSER'S SURVEY RESULTS AND, YOU KNOW, SORT OF SAID, OKAY,
14
15
16
17
18
19
20
21
22
23
24
25
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MATTER.
KNOW, DIVIDED INTO THE 40 THEY'RE SEEKING HERE, THAT MEANS THAT
10
11
12
13
14
140 TIMES
15
16
17
18
19
DIFFERENCE BETWEEN WHAT YOU HAVE WITH THE PATENT CLAIM AND WHAT
20
21
22
23
24
25
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IT IS THE
10
11
12
13
HAVE THEM, WE'D SELL A LOT FEWER AND APPLE WOULD SELL AN AWFUL
14
LOT MORE.
15
16
17
18
AREN'T MOTIVATED, THAT'S NOT WHY YOU BUY SAMSUNG PHONES, THEN
19
20
21
22
NOW, ONE OF THE THINGS HE DIDN'T ASK THEM IS WHY DID YOU
23
24
25
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CARE WHETHER THE SAMSUNG CUSTOMERS WERE EVEN AWARE THAT THESE
THAT.
HE WASN'T INTERESTED IN
PHONES.
ABOUT WOULD YOU BUY THIS PHONE OR WOULD YOU BUY THAT PHONE?
10
11
12
ALSO ASKS -- HE TELLS THEM, IF YOU DIDN'T HAVE THAT, YOU WOULD
13
HAVE TO DO THIS.
14
15
16
IF YOU DIDN'T
17
18
VALUABLE.
19
20
21
22
23
LET'S
24
25
I'M GOING TO
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AS MR. MCELHINNY TOLD YOU IS ONE THAT THE COURT HAS FOUND
BUT I THINK YOU'LL SEE THAT THE DESCRIPTIONS THAT PEOPLE WERE
ON ANDROID
KEYBOARDS.
10
11
12
13
PHONES.
14
15
16
17
SWIPE KEYBOARD FROM NUANCE AND THE ANDROID, ONE OF THE ANDROID
18
19
20
INFRINGE.
21
22
23
IT'S THE
THAT'S
IT'S
24
25
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SMARTPHONE.
WORDS."
RECOMMENDATIONS.
OKAY?
10
11
12
13
14
15
16
17
19
21
22
18
20
THIS
IT AUTOMATICALLY
CORRECTS.
IF YOU WANT TO KEEP ONE OF THE SUGGESTED SPELLINGS, THEY
23
APPEAR HERE IN THIS MESSAGE BAR DOWN HERE, YOU HAVE TO ACTUALLY
24
TOUCH ON IT.
25
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MR. MESSAF AND WANT TO KEEP THAT, AND NOT MESSAGE, YOU CAN
AND WATCH WHAT HAPPENS WHEN THE WORD MESSAGE IS MISS TYPED.
8
9
10
11
MR. QUINN:
EVERY SINGLE LETTER.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
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ON APPLE'S KEYBOARD.
YOU'RE TYPING, IT'S NOT UNTIL YOU FINISH AND HIT WHAT'S CALLED
10
11
12
13
YOU SEE
AND SOME PEOPLE MIGHT SAY THAT THAT, YOU KNOW, APPLE, THAT
14
PATENT, THAT WAY THAT MAKES YOU HAVE TO LOOK DOWN TO SEE IF
15
16
17
18
BECAUSE IN THE IPHONE, THEY DON'T USE THAT PATENT, NEVER HAVE.
19
20
21
22
THE TEXT AREA SO THAT YOU KNOW BY LOOKING UP THERE, YOU DON'T
23
HAVE TO LOOK DOWN, YOU KNOW WHAT'S GOING TO HAPPEN IF YOU HIT
24
25
SO WHAT ARE THE DAMAGES THAT APPLE SEEKS FOR USE OF ITS
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3
4
5
PER PHONE TO HAVE THIS FEATURE WHERE YOU HAVE TO LOOK DOWN AND
10
11
12
PHONES.
13
AND LET ME TELL YOU WHAT THEY WERE TOLD ABOUT THESE WORD
14
15
16
17
18
THIS IS WHAT
IT SAYS AT THE
19
20
21
22
WE
23
24
25
THEY'RE
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2
3
4
5
6
PAPER.
THE ONE IN THE BACK SAYS X, MISTAKE, BEING REPLACED WITH
ANOTHER PIECE OF PAPER, CHECK, CORRECT.
NO METHOD.
ONLY WRONG
THEIR ONLY CHOICE -- YOU KNOW, THE CHOICE THAT YOU'RE MAKING,
10
THE APPLE PATENT AND WHAT WOULD OTHERWISE HAVE TO DO, THEY'RE
11
12
CORRECTION.
13
14
15
16
17
18
19
20
21
22
23
24
BETTER.
25
THE CORRECTION, IT
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2
3
WORD CORRECTION.
6
7
8
9
10
IT HAS NO RIGHT TO
11
12
AND FEATURE VALUE IN THIS LAWSUIT FOR CELL PHONES, FOR TABLETS,
13
FOR EVERY SINGLE CLAIM, ALL FIVE OF THEM, IT ALL COMES BACK TO
14
DR. HAUSER.
15
16
CHOSEN ICON.
17
MISLEAD YOU.
18
19
20
21
ALTERNATIVE?
22
AND WHAT PEOPLE ARE TOLD, YOU CAN SEE IT HERE, "WITHOUT
23
24
25
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BIRTHDAY YOURSELF.
WRONG.
8
9
10
IF YOU WANT TO
IT AUTOMATICALLY
11
12
13
REALITY.
14
IN FACT,
15
16
17
CLAIM THAT FOLKS PREFERRED -- YOU KNOW, WOULD BUY FEWER SAMSUNG
18
19
THIS IS THE
20
21
22
23
24
25
APP, FOR EXAMPLE, THE CONTACTS APP, WHILE THE DATA FOR THE APP
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LONG OR SHORT."
APPLE DOESN'T USE THIS, IT'S NOT IN ANY IPHONE, NEVER HAS BEEN,
10
11
12
CLAIMS.
13
THIS IS
14
15
16
17
SO WHEN MR. HAUSER ASKED THEM, YOU KNOW, THE PUNCH LINE IS
18
19
OF
20
COURSE WHAT DID THEY SAY, THEY SAID THAT WAS IMPORTANT.
THAT
21
22
23
24
25
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ALL THE PARTIES AGREE THAT APPLE'S PATENT REQUIRES THAT YOU
GENERALLY.
IT REQUIRES
10
11
12
WORTHLESS.
13
14
15
16
WORTH.
17
18
19
20
21
IN THE
22
23
24
25
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MATTER."
4
5
6
YOU KNOW, UNLIKE MANY EXPERTS YOU'RE GOING TO SEE WHO ARE
10
11
OF A FACULTY ANYWHERE.
12
13
14
15
16
17
18
WERE TOLD YOU EITHER USE THE APPLE, YOU KNOW, PATENT OR, YOU
19
KNOW, YOU'RE GOING TO HAVE TO WAIT AND THE WAIT COULD BE LONG
20
21
22
23
24
25
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UNIVERSITY OF PENNSYLVANIA.
10
11
DESCRIPTIONS?
12
13
14
THEM THE SAME VIDEOS, WE HAD THEM, SHOWED THEM THE SAME
15
DESCRIPTIONS, AND, YOU KNOW, HAD THEM TAKE THE SAME TEST.
16
17
18
19
20
HE SHOWED
DID YOU
21
WORD CORRECTION, THEY THOUGHT THAT MEANT THE CHOICE WAS BETWEEN
22
23
24
25
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2
5
6
10
11
12
13
14
15
16
17
INTERESTED IN.
18
IS IT
19
20
21
22
23
24
25
APPLE KNOWS THESE ARE THE KINDS OF THINGS THAT DRIVE SALES
OF PHONES.
ANOTHER EXAMPLE OF AN IMPORTANT PHONE FEATURE IS THE MAPS
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APPLICATION.
DEVELOPED THEIR OWN MAP, APPLE MAPS FEATURE AND THEY PUT IT IN
APPLE MAPS FEATURE COULD KILL BECAUSE IT WOULD SEND PEOPLE INTO
8
9
10
11
12
13
14
BUT YET THAT PHONE THAT HAD THAT APPLE MAPS FEATURE, THE
IPHONE 5, WAS THE HIGHEST SELLING IPHONE EVER.
WHAT DOES THAT SHOW US?
15
16
17
DRIVE SALES.
18
19
WILL SHOW YOU THAT SAMSUNG DID NOT USE OR INFRINGE FOUR OF THE
20
CLAIMS AND THAT, IN FACT, IN ANY EVENT ALL FIVE ARE INVALID.
21
22
23
24
25
WE
THERE WERE
WE'VE
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2
IN DEVELOPING THIS, WHO WILL TELL YOU THAT ANDROID DOES THIS
DONE BEFORE.
THE NAME OF GARY HALL, WHO YOU WILL HEAR FROM, WHO'S A WINDOWS
WINDOWS MOBILE.
10
IT HAD BEEN
THERE'S A MAN BY
11
12
13
14
15
AND
16
17
18
19
20
BACKGROUND SYNC BEFORE APPLE EVEN FILED FOR ITS PATENT, AND
21
22
23
24
MARKET.
25
IT JUST STARTED
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WIRELESS SYNCING.
E-MAIL.
AND, YOU KNOW, GOOGLE HAD THE ABILITY FROM THE BEGINNING,
PHONE.
YOU
10
11
12
13
14
15
16
17
18
19
THIS ISN'T
20
21
SERVER.
22
23
24
DETAILS ABOUT WHAT THAT'S ABOUT NOW, BUT IF YOU ONLY REMEMBER
25
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WHAT GOOGLE DOES, WHAT ANDROID DOES, YOU'LL SEE THAT THERE IS
NO ANALYZER SERVER.
SOMETHING ELSE.
THEY
10
THEIR OWN INVENTOR WILL TELL YOU THAT SOFTWARE LIBRARIES ARE
11
12
YOU'LL ALSO HEAR IN THIS PATENT THAT THERE WAS PRIOR ART,
13
14
15
16
17
EXISTED.
18
19
THE '721, THE SLIDE TO UNLOCK, YOU KNOW, YOU WILL SEE THAT
20
21
22
23
24
CORNER AND YOU CAN MOVE THIS PIECE, THIS PIECE HERE, YOU CAN
25
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THERE'S A TRACK AND YOU GO FROM THIS POINT TO THIS POINT ALONG
THE TRACK.
THIS PUZZLE PIECE, YOU CAN MOVE IT WITH YOUR FINGER ALL
AROUND.
VERY DIFFERENT.
8
9
THIS IS
10
11
DESIGN WHERE IF YOU PUT YOUR FINGER ON THE SCREEN AND MOVE IT,
12
IT'S LIKE WATER RIPPLES ACROSS THE FACE OF THE SCREEN AND YOU
13
CAN MOVE UP, DOWN, ONE WAY OR ANOTHER, AND IT'S LIKE A LITTLE
14
15
16
17
18
19
AND THEN YOU'RE GOING TO SEE THAT APPLE ITSELF HAS MOVED
20
21
22
23
ANY POINT.
24
25
YOU DON'T
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3
4
5
6
7
8
9
10
11
12
LIKE, YOUR CONTACTS OR YOUR CALENDAR AND THINGS LIKE THAT WITH
13
14
15
16
17
TO DO SEARCH ON A PHONE.
18
SINCE 1997.
19
20
21
22
AND
23
CLAIM TO HAVE A PATENT ON, IT'S NOT SOMETHING THAT THEY HAVE
24
EVER USED.
25
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2
CUSTOMERS COMPLAINED;
THEY SUED ON THE '604 PATENT, NOT THIS ONE, AND THEY WENT TO
COURT AND THEY GOT AN INJUNCTION AGAINST OUR DOING THIS TYPE OF
10
SEARCH.
11
COMPLIED.
12
13
I MEAN, WE
14
15
16
17
18
19
ANDROID.
20
21
22
THE FOLKS
23
AT GOOGLE WILL TELL YOU THAT WHEN YOU GET RESULTS FROM BOTH, ON
24
THE INTERNET AND USING THIS PHONE AND THE FEATURE, IT'S
25
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IT'S ONE OF
REQUIRES.
ENOUGH.
10
RULE OF THUMB, AND THEIR PATENT REQUIRES THAT YOU MUST SEARCH
11
12
13
14
15
16
17
18
SO
19
20
21
22
23
AGAIN, WHEN THIS PATENT ISSUED, THE PATENT OFFICE DID NOT
KNOW ABOUT WAYS.
FINAL CATEGORY OF DAMAGES I HAVEN'T HAD A CHANCE TO
24
25
PROFITS WHERE THEY SAY THEY WOULD HAVE SOLD MORE PHONES, AND WE
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WOULD HAVE SOLD LESS BUT FOR THE USE OF THESE FEATURES.
I'VE
10
11
12
ALL RIGHT.
SO THAT'S
13
14
15
16
17
18
19
20
21
22
23
24
25
IT WOULD TAKE US, THE TESTIMONY WILL BE, AT MOST FOUR DAYS
TO IMPLEMENT AN ALTERNATIVE TO THE ANALYZER SERVER PATENT.
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2
3
YOU'LL HEAR FROM DR. CHEVALIER, OUR EXPERT, AND SHE DID AN
10
11
12
13
ALTOGETHER.
14
15
FEATURES.
16
ABOUT THEM.
17
18
FEATURES AND WITHOUT THE FEATURES AND CONCLUDED THAT, YOU KNOW,
19
20
21
22
23
WAS WORTH.
24
25
THANK YOU.
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SO YOU'RE GOING TO HEAR FROM HER THAT WHAT APPLE TELLS THE
ON SMARTPHONES.
7
8
9
SHE
10
11
12
13
14
15
16
17
18
19
20
AND, FRANKLY,
21
22
23
24
25
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TO DEFEND OURSELVES.
PEOPLE END
PROBLEMS.
I'M SORRY.
BUSINESS.
10
11
12
13
SOMETIMES HAPPENS.
14
15
16
THAT
17
18
19
20
THAT DIDN'T HAVE A RIGHT TO, TO THE COMPANY THAT OWNED THE
21
22
23
WRONG DOER.
24
25
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SALES BECAUSE OF VERY SMALL FEATURES THAT YOU WILL LEARN HAVE
WILL DO IT REASONABLY.
10
11
12
AND THIS IS
13
14
15
16
AND YOU WILL HEAR FROM OUR EXPERT, DR. SCHONFELD, DR. DAN
17
18
19
20
21
22
23
24
25
YOU KNOW,
APPLE'S
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2
10
11
12
13
TULSA, OKLAHOMA.
14
IT'S TRUE.
WE
THEY
15
16
17
18
LIKE THAT.
19
IT'S NOT
20
21
22
23
WAS PURCHASED.
24
25
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THEY ALSO TOLD YOU THAT THE PATENT HAS NOW EXPIRED.
THAT'S TRUE.
FOR THE PERIOD WHEN THE PATENT WAS ACTIVE, WHICH IS PERFECTLY
10
11
12
13
THE CAMERA THAT YOU COULDN'T KEEP TRACK OR FIND OUT WHERE THEY
14
WERE.
15
16
17
18
19
YOU'LL SEE THAT ON THE LEFT-HAND SIDE HERE, YOU'LL SEE ONE
20
21
ALBUMS HERE.
22
THE PATENT IS THAT YOU ACTUALLY NUMBER, YOU CAN NUMBER THE
23
24
25
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COME HERE AND WALK YOU THROUGH THESE CLAIMS AND SHOW YOU HOW
A REASONABLE ROYALTY.
UNLIKE THE MINOR SOFTWARE PATENTS APPLE HAS SUED ON, THE
10
11
12
13
14
15
16
17
IT.
18
19
20
21
VALUABLE.
22
23
24
25
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SURPRISING, THE FACT THAT, YOU KNOW, WE'RE SUING AND ONLY
SERIOUSLY.
YOU WILL SEE -- THE EVIDENCE IN THIS CASE WILL SHOW YOU
THEY ALL TIE BACK TO THAT UNRELIABLE HAUSER SURVEY, AND THEY'RE
10
PUTTING THOSE NUMBERS OUT THERE JUST TO TRY TO GET THEM IN YOUR
11
HEAD.
12
13
14
15
125.
16
17
IF WE LOOK AT SLIDE
18
19
HUGE SUCCESS .
20
IT COST 99 CENTS.
21
DR. KEARL COULD WORK WITH, WHAT WOULD PEOPLE PAY FOR THIS?
22
WHAT IS IT WORTH?
23
24
25
OVER E-MAIL IN THE VIDEO ALBUMS PATENT AND CAME UP WITH THE
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2
WHAT APPLE IS ASKING FOR ON ITS PATENTS, APPLE SAYS THAT 6.78
10
11
12
13
14
15
VALUE.
16
MILLION.
17
18
19
20
THESE FEATURES, SAMSUNG WOULD SELL FEWER PHONES AND APPLE WOULD
21
SELL MORE.
22
23
AGREE AS TO THREE.
24
SLIDE TO UNLOCK.
25
THEY
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OVER $2 BILLION EVEN THOUGH THEY ARE NOT VALUABLE ENOUGH FOR
APPLE TO USE.
BECAUSE IT'S WORTH VERY MUCH, BUT BECAUSE IT'S WORTH VERY
LITTLE.
10
DO ORDINARY THINGS THAT HAVE BEEN, CAN BE, AND ARE BEING DONE
11
DIFFERENTLY.
12
13
APPLE OBSESSION.
14
15
16
17
18
19
20
21
22
HARDWARE.
23
24
25
NOTHING IN THE
THE
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PRODUCTS.
NOT IN THE THINGS THAT WERE THE SAME, BUT THE THINGS THAT WERE
BRAND, ALL OF THE RESULTS OF THE HARD WORK FROM THE PEOPLE AT
SAMSUNG.
10
11
12
13
14
15
16
FAR AND AWAY THE MOST SUCCESSFUL ANDROID -- THE MOST SUCCESSFUL
17
18
19
FEATURES OF INFRINGEMENT.
20
21
22
QUALITY CAMERAS, AND THE OTHER THINGS THAT YOU COULD ONLY GET
23
24
25
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1
2
3
4
5
6
THE COURT:
THANK YOU.
THE CASE.
(JURY OUT AT 2:21 P.M.)
7
8
OKAY.
THE COURT:
OKAY.
10
11
PAGES?
12
13
MR. SELWYN:
WE HAVE.
14
THE COURT:
OKAY.
15
MR. SELWYN:
DX 413.
16
THE ONLY THREE PAGES FROM THAT DOCUMENT OR LIKE DOCUMENT THAT
17
18
THE COURT:
OKAY.
19
ALL RIGHT.
20
21
22
23
THANK YOU.
THE COURT:
OKAY.
THANK YOU.
24
WELCOME BACK.
25
YOU
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WILL GET A PHOTO FOR EVERY WITNESS, AND THERE IS A TAB IN YOUR
INCLUDE THEM.
ENABLES YOU TO PUT A NAME WITH A FACE AND PERHAPS YOUR NOTES,
ALL RIGHT.
9
10
MR. MCELHINNY:
11
12
THE WITNESS:
13
THE CLERK:
14
15
I DO.
AND PULL THE MICROPHONE TOWARDS YOU AND STATE YOUR NAME,
PLEASE, AND SPELL IT.
16
THE WITNESS:
17
W-I-L-L-I-A-M, S-C-H-I-L-L-E-R.
18
19
THE COURT:
ALL RIGHT.
P-H-I-L-I-P,
GO
AHEAD, PLEASE.
20
DIRECT EXAMINATION
21
BY MR. MCELHINNY:
22
Q.
23
AWKWARD.
24
25
READY?
A.
YES.
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Q.
LET'S DO IT AGAIN.
MR. SCHILLER.
A.
Q.
A.
APPLE.
Q.
A.
APPLE.
Q.
10
A.
11
Q.
12
A.
13
APPLE.
14
Q.
15
TEAM, SIR?
16
A.
YES.
17
Q.
18
A.
I AM.
19
Q.
20
A.
21
22
23
Q.
24
A.
25
Q.
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A.
Q.
LET'S GO BACK.
A.
FUNCTIONS.
8
9
YES.
10
PUBLIC RELATIONS?
11
A.
12
13
AT APPLE.
14
OF MARKETING.
15
Q.
16
17
A.
18
Q.
19
FOR US?
20
A.
21
PRESS ON ALL OF THE THINGS THAT THEY HAVE QUESTIONS ABOUT, THE
22
23
24
25
I THINK IN GENERAL IN
LET'S SEE.
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8
9
10
11
12
13
14
15
Q.
16
PRODUCTS?
17
A.
YES, WE DO.
18
Q.
19
A.
YES.
20
Q.
21
A.
WE DO.
22
23
24
25
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THIS PROCESS.
Q.
A.
10
11
12
13
14
THEM.
15
Q.
16
17
A.
18
19
COME TO BE.
20
21
IT WAS REALLY OUR FIRST BIG SUCCESS AFTER OUR COMPUTER, AFTER
22
23
AND THIS GREAT LITTLE MUSIC PLAYER MEANT A LOT TO US, AND
24
25
DEVICE MIGHT YOU HAVE THAT COULD HOLD YOUR MUSIC AND YOUR
WHAT OTHER
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PHOTOS AND VIDEOS AND MEDIA TYPES YOU CARE ABOUT THAT YOU CARRY
WITH YOU.
3
4
5
6
7
AND OUR VISION WAS PERHAPS SOME DAY IT WOULD BE THE PHONE,
THAT COULD BECOME A DEVICE.
SO WE WANTED TO TRY TO INVENT THAT FEATURE RATHER THAN LET
IT HAPPEN TO US.
SECONDLY, THERE WAS SOME OTHER TECHNOLOGY AND THINGS WE
10
11
12
13
14
15
AND I THINK THE THIRD THING THAT WAS HAPPENING AROUND THAT
16
17
WHAT ELSE COULD COME DOWN THE ROAD THAT WOULD CHANGE A WHOLE
18
19
20
21
CONTROLLED BY SOFTWARE.
22
23
24
PHONE, SOME DAY A PHONE, LIKE THE IPOD, COULD BE DRIVEN MOSTLY
25
BY SOFTWARE, NOT JUST BY BUTTONS AND SWITCHES, AND THAT WAS OUR
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CHANGE APPLE.
Q.
A.
STARTS.
TIMES.
BUT ROUGHLY, YOU KNOW, TWO AND A HALF YEARS OR SO, EARLY
Q.
10
A.
IN JANUARY OF 2007.
11
Q.
AND WAS THE DEVELOPMENT CONTINUOUS FROM THE TIME FROM 2004
12
TO 2007?
13
A.
14
MORE AND MORE PEOPLE WERE ADDED TO THE PROJECT OVER TIME.
15
YES.
16
Q.
17
18
A.
19
20
21
22
Q.
23
A.
VERY MUCH.
24
Q.
25
CONFIDENTIAL?
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A.
WE KNEW THIS WAS SO BIG AND IMPORTANT TO APPLE THAT EXTRA STEPS
NOT ONLY DID WE LIMIT THE NUMBER OF PEOPLE WHO WOULD KNOW
WHAT WAS GOING ON, BUT THOSE PEOPLE NEEDED TO ACTUALLY SIGN A
DOCUMENTATION.
10
11
BEGINNING.
12
13
14
THERE WERE
15
Q.
16
17
A.
YES.
18
Q.
19
A.
INCREDIBLY RISKY.
20
COMPANY."
21
Q.
22
SAW AS RISKY?
23
A.
24
25
FIRST, APPLE HAD REALLY ONLY HAD TWO PRODUCTS AT THE TIME,
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EXPERIENCE.
RADIOS AND ANTENNAS AND ALL THE THINGS THAT GO INTO MAKING A
PHONE.
10
11
12
13
14
Q.
15
PROJECT?
16
A.
YES.
17
Q.
18
A.
19
ABOUT IT AND WERE INVOLVED IN IT, AND ALSO AS THE HEAD OF THE
20
21
22
23
24
Q.
25
A.
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Q.
A.
IN SAN FRANCISCO.
Q.
ANNOUNCEMENT?
A.
YES, I WAS.
Q.
A.
8
9
10
11
12
Q.
13
14
FLOOR.
15
ANNOUNCEMENT?
16
A.
17
OUR JURY HAS ONLY SEEN PART OF THE VIDEO, AND I DON'T
18
19
20
21
22
PHONE CALL TO SIR JONATHAN IVES, THE HEAD OF OUR DESIGN TEAM,
23
WHO WAS IN THE AUDIENCE, AND STEVE SHOWED HOW TO MAKE A PHONE
24
25
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SO YOU SAW A SECOND CALL COME IN, AND THEN STEVE WAS ABLE
TO SHOW HOW YOU SWITCH BETWEEN TWO CALLS TO JOIN THEM TOGETHER
I'M VERY PROUD OF, PART OF THE VERY FIRST PHONE CALL MADE ON
SO I GOT TO BE SOMETHING
Q.
A.
YES.
10
11
12
13
14
15
16
17
18
Q.
19
ANNOUNCEMENT?
20
A.
21
22
Q.
23
A.
YES.
24
Q.
25
EXHIBITS.
THAT WAS
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A.
OKAY.
Q.
A.
5
6
MR. MCELHINNY:
MR. PRICE:
NO FURTHER OBJECTION.
THE COURT:
ALL RIGHT.
IT'S ADMITTED.
10
THE COURT:
GO AHEAD, PLEASE.
11
BY MR. MCELHINNY:
12
Q.
13
14
15
A.
16
17
18
Q.
19
POSITIVE?
20
A.
21
THAT THIS WAS ONE OF THE MOST AMAZING BREAKTHROUGHS EVER, AND
22
THERE WERE FEELINGS FROM SOME WHO THOUGHT IT WAS THE BIGGEST
23
24
Q.
25
DID
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A.
THE TIME, PALM, SAID THAT WE CAN'T JUST COME UP AND MAKE A
7
8
9
10
EXHIBIT 135A.
11
A.
OKAY.
12
Q.
13
A.
14
15
Q.
16
A.
YES.
17
18
THAT.
19
Q.
20
21
22
JUST A MINUTE.
YOUR HONOR, I MOVE THE ADMISSION OF PLAINTIFF'S EXHIBIT
135A.
MR. PRICE:
23
24
OF THE MATTER.
25
THE COURT:
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THE COURT:
GO AHEAD, PLEASE.
MR. MCELHINNY:
THANK YOU.
Q.
ARTICLES.
10
SALIENT POINT.
11
A.
12
13
YES I CAN.
AS YOU SEE, IT'S FROM THE "NEW YORK TIMES," THE TITLE OF
14
15
16
17
18
Q.
SIR, DID THE PRESS COVERAGE CONTINUE AFTER THE FIRST WEEK
19
20
A.
YES, IT DID.
21
Q.
22
23
A.
24
Q.
25
A.
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COMPLETE THE PRODUCT AND START TO BUILD THEM AND GET THEM READY
FOR SALE.
Q.
IPHONE?
A.
YES, WE DID.
Q.
A.
WEEKS.
10
11
12
13
14
15
16
ADVERTISEMENTS.
17
ACADEMY AWARDS.
18
19
20
21
Q.
22
EXHIBIT 180.
23
A.
YES.
24
Q.
25
A.
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IPHONE.
MR. MCELHINNY:
MR. PRICE:
THE COURT:
ALL RIGHT.
10
AND AGAIN,
NO FURTHER OBJECTIONS.
LIMITING PURPOSE.
5
6
THE COURT:
GO AHEAD, PLEASE.
BY MR. MCELHINNY:
Q.
11
12
MR. MCELHINNY:
13
(LAUGHTER.)
14
15
BY MR. MCELHINNY:
16
Q.
SIR, THAT WAS THE FIRST AD THAT YOU DID; IS THAT CORRECT?
17
A.
YES.
18
Q.
19
A.
HOW TO.
20
Q.
HOW TO.
21
22
A.
ABSOLUTELY.
23
Q.
24
A.
YES, IT WAS.
25
Q.
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A.
30-SECOND AD, SOMETHING THAT GIVES THEM A FEEL FOR WHAT IT'S
DOING EVERY DAY, MANY, MANY TIMES A DAY, WHICH IS TO UNLOCK THE
10
UNLOCK.
11
AND THAT ONE GESTURE, HAVING SEEN THAT ONE THING FIRST,
12
13
14
15
16
17
18
CAN DO.
19
Q.
20
21
A.
22
Q.
AND WHAT WERE THE RISKS THAT WERE SPECIFIC TO THAT KIND OF
23
A PRODUCT?
24
A.
25
EITHER HAD A NUMERIC KEY PAD, FEATURES PHONES WOULD HAVE A TEN
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THE IDEA THAT YOU WOULD NOW GO TO A FULL GLASS SCREEN THAT
YOU WOULD TOUCH WITH YOUR FINGERS AND CONTROL TO TYPE AND MAKE
GESTURES WAS, WAS PRETTY UNUSUAL AND RISKY AND MANY PEOPLE
MULTITOUCH DISPLAY.
10
Q.
11
12
A.
YES.
13
Q.
14
15
MADE IT SUCCESSFUL?
16
A.
17
18
19
20
21
22
23
24
25
WHAT
OBJECTION.
TESTIMONY.
THE COURT:
OVERRULED.
GO AHEAD, PLEASE.
THE WITNESS:
IPHONE SUCCESSFUL.
TO ME, I THINK IT'S THIS INCREDIBLE, BEAUTIFUL DESIGN.
PEOPLE LOVED HOW IT LOOKS.
THAT IT DOES THINGS THAT YOU'VE NEVER BEEN ABLE TO DO
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BUT MOST OF ALL, THAT THIS PIECE OF GLASS THAT COMES ALIVE
WITH SOFTWARE IS, IS EASY TO USE, IS FUN TO USE, AND DOES ALL
TAUGHT.
7
8
10
BY MR. MCELHINNY:
11
Q.
12
WENT ON SALE?
13
A.
14
BIG DAY.
15
CHOSE TO GO TO CHICAGO.
16
17
18
19
IPHONE.
20
Q.
21
22
A.
23
24
25
WHERE WERE YOU PERSONALLY ON THE DAY THAT THE IPHONE FIRST
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Q.
AFTER THE IPHONE WAS RELEASED, DID YOU SEE ANY REVIEWS OF
A.
YES.
Q.
ALBERT.
A.
OKAY.
Q.
A.
10
IPHONE.
11
Q.
12
13
A.
14
Q.
15
RIGHT?
16
A.
HOW
IS THAT
IT DOES.
17
MR. MCELHINNY:
18
MR. PRICE:
19
20
21
22
THE COURT:
23
24
BY MR. MCELHINNY:
25
Q.
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A.
YES.
YOU CAN SEE LISTED ON, FOR EXAMPLE, THE FIRST PAGE
"U.S.A. TODAY," AND A FOURTH ONE FROM THE "NEW YORK TIMES"
Q.
10
EXHIBIT 113A?
11
A.
YES.
12
Q.
13
A.
14
15
16
17
MR. MCELHINNY:
113A.
MR. PRICE:
18
19
THE TRUTH.
20
21
THE COURT:
OKAY.
22
23
24
THE COURT:
GO AHEAD, PLEASE.
25
MR. MCELHINNY:
THANK YOU.
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Q.
MR. SCHILLER, I'M SHOWING YOU FIRST 113A AND THEN I'M
A.
BOEHRET.
10
Q.
11
12
A.
13
IPHONE."
14
YES.
15
16
17
18
TIME.
19
DEMONSTRATIVE.
20
21
22
23
24
25
SIR, IF YOU LOOK AT THE FOUR PHONES, DO YOU SEE THAT'S THE
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SAMSUNG BLACKJACK?
A.
YES, I DO.
Q.
A.
YES, IT DID.
Q.
THANK YOU.
A.
MR. MCELHINNY:
10
11
MR. PRICE:
12
THE COURT:
ALL RIGHT.
13
14
ARTICLE.
15
16
THE COURT:
GO AHEAD, PLEASE.
17
BY MR. MCELHINNY:
18
Q.
19
20
21
A.
22
23
SIR, WE'VE PUT THE ARTICLE ON THE BOARD, BUT NOW WE'RE
YES.
24
25
IPHONE IS:
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Q.
PX 133.
A.
APPEARED IN 2007.
YES.
MR. MCELHINNY:
MR. PRICE:
10
11
THE COURT:
12
IT'S FAST,
ALL RIGHT.
13
14
THE COURT:
GO AHEAD, PLEASE.
15
BY MR. MCELHINNY:
16
Q.
17
18
19
A.
20
21
22
YES.
23
24
25
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THEY ALSO HAD FUN WITH THE ICONS ON THE HOME SCREEN ON THE
INVENTIONS OF 2007."
4
5
INTERFACE."
10
11
Q.
12
A.
YES.
13
Q.
14
A.
15
16
Q.
17
A.
YES.
18
Q.
OKAY.
19
20
21
22
23
24
25
ALL RIGHT.
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Q.
DEMONSTRATIVES, PDX 5.
A.
SPECIAL.
ABOUT A DOZEN ON EACH ONE, AND THEY DESIGNED THEM TO LOOK JUST
10
11
YES.
12
STEVE AND YOU'D SEE MANY, MANY, MANY OF HIS PATENTS ALL THERE,
13
14
15
16
17
18
19
20
INNOVATION.
21
22
REAL PRODUCTS THAT HIT THE CONSUMER MARKET, BUT THEY DOCUMENT
23
24
25
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Q.
A.
MR. PRICE:
OF FOUNDATION, SPECULATION.
ARTICLE SAYS.
THE COURT:
MR. MCELHINNY:
Q.
10
SECOND QUOTE?
11
A.
YES, I DO.
12
Q.
13
14
15
MR. PRICE:
16
OVERRULED.
17
GO AHEAD.
18
ALL RIGHT.
THE WITNESS:
19
20
21
22
23
24
25
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2
3
UNIQUE.
BY MR. MCELHINNY:
Q.
START ON A PRODUCT, YOU WORK ON IT TO THE END AND THEN YOU WORK
LIKE THAT?
YOU MENTIONED THE APPLE NEW PRODUCT PROCESS, AND YOU MAY
10
A.
11
12
NO.
IS IT IN ORDER
TIME THINGS
13
14
PROCESS.
15
16
17
18
Q.
19
20
A.
YES, OF COURSE.
21
Q.
22
VALUABLE TO APPLE?
23
A.
24
25
OPERATING SYSTEM.
EXTREMELY.
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Q.
A.
Q.
A.
YES.
MR. MCELHINNY:
YOUR HONOR --
10
Q.
11
A.
OKAY.
12
Q.
WHAT IS PX 143?
13
A.
14
15
MR. MCELHINNY:
16
EXHIBIT 143.
17
MR. PRICE:
NO FURTHER OBJECTION.
18
THE COURT:
IT'S ADMITTED.
19
20
THE COURT:
GO AHEAD, PLEASE.
21
MR. MCELHINNY:
22
THERE.
23
Q.
24
25
A.
ALL RIGHT.
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UNITS, AND TIME IS ALONG THE BOTTOM SCALE, FROM 2007 AT THE
4
5
Q.
AND CAN YOU SUMMARIZE FOR US WHAT THE ORIGINAL, THE SALES
A.
YES.
10
300,000 UNITS, A GREAT LAUNCH FOR US, BUT WE HAD NO IDEA WHERE
11
12
13
14
THE COURT:
WHEN YOU
15
16
17
KNOW?
18
MR. PRICE:
THE COURT:
OKAY.
22
MR. PRICE:
PARDON ME?
23
THE COURT:
19
HONOR.
20
21
24
25
EXHIBIT.
SURE.
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THE COURT:
ALL RIGHT.
MR. MCELHINNY:
GO AHEAD, PLEASE.
THANK YOU.
Q.
A.
Q.
2013?
A.
IT DOES.
AND CAN YOU TELL US WHAT THE TOTAL WAS THROUGH THE END OF
YES.
10
VERY HIGHEST POINT OF THAT BLUE LINE, IT'S JUST SHY OF 170
11
MILLION UNITS.
12
Q.
13
14
15
A.
YES.
16
Q.
17
MR. PRICE:
OBJECTION.
18
THE COURT:
OVERRULED.
19
20
VAGUE, AMBIGUOUS.
GO AHEAD, PLEASE.
THE WITNESS:
21
HAVE HAPPEN DID, IN FACT, OCCUR, WHICH WAS THAT BEFORE THE
22
23
24
25
IT HAD A SMALL
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INTERNET AND ACCESS ALL YOUR MEDIA AND ALL THESE THINGS THAT WE
DREAMT THE IPHONE COULD DO, IT REALLY DID CHANGE THE WORLD OF
PHONES.
Q.
10
PRODUCTS?
OR SERVICES?
11
A.
YES, IT IS.
12
Q.
13
A.
14
15
EXPERIENCE WITH IT AND THEY REALLY LOVE IT, THEY'LL TEND TO BUY
16
17
18
19
THEY'RE LIKELY TO BUY MORE PRODUCTS FROM US DOWN THE ROAD, NOT
20
21
FROM US.
22
23
PRODUCTS.
24
FAMILY AND FRIENDS AND THEY MAY START TO BUY IPHONES AND MACS
25
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USE THIS IPHONE AT WORK AND GET MY E-MAIL, OTHER PEOPLE MAY
3
4
5
6
7
A.
10
11
12
13
14
WASN'T THERE.
15
16
17
18
19
20
21
GET RID OF THE MOUSE OR TRACK PAD AND USE THE SCREEN TO
22
23
24
25
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A.
IN JANUARY OF 2010.
Q.
A.
YES, IT IS.
Q.
A.
IN APRIL OF 2010.
Q.
A.
Q.
10
APPLE?
11
A.
12
13
MAC, IPOD, IPHONE, AND NOW IPAD, WE DIDN'T WANT TO DILUTE OUR
14
15
16
YES.
SO THAT
17
COMPANIES HAD TRIED TABLET LIKE COMPUTERS AND NONE HAD DONE
18
WELL.
19
20
REALLY WELL, AND NOW THE IPHONE IS DOING REALLY WELL, AND WE'RE
21
22
23
FAIL AT THAT.
24
Q.
25
A.
OH, THE EARLY SALES OF THE IPOD WERE EVEN STRONGER THAN
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IPHONE.
IT WAS GREAT.
Q.
A.
THE IPAD HERE IN THE U.S. FROM THE BEGINNING IN 2010 UP UNTIL
2013.
Q.
WELL, YOU CAN SEE ON THE SAME CHART THE ORANGE LINE ON THE
10
11
A.
YES.
12
Q.
WHY?
13
A.
14
OUR INVENTIONS.
15
16
17
THESE THINGS, THESE IDEAS THEY DREAM UP AND THE INVENTIONS THAT
18
19
20
21
22
TRY TO DO.
23
WE'RE A
WE MAKE
THAT'S WHAT WE
24
25
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2
10
Q.
11
YOUR EXPERIENCE AT APPLE, WHAT ARE YOUR VIEWS ABOUT SOME OF THE
12
13
14
MR. PRICE:
TESTIMONY.
15
THE COURT:
16
OVERRULED.
GO AHEAD, PLEASE.
17
THE WITNESS:
18
19
WAYS AND MAKES THEM EASY AND FUN AND POWERFUL TO USE IS THE
20
21
SUCCESSFUL.
22
BY MR. MCELHINNY:
23
Q.
AND WHAT ARE THE REASONS FOR THE SUCCESS OF THE IPAD, SIR?
24
A.
25
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CREATED.
Q.
A.
OKAY.
Q.
A.
10
11
Q.
12
13
A.
14
15
MR. MCELHINNY:
16
MR. PRICE:
17
18
INAPPROPRIATE SUMMARIES.
SPECIFICALLY, AND I THINK WE HAVE AN AGREEMENT ON THIS, I
19
20
PAGE 3.
21
22
23
24
25
THE COURT:
I'M SORRY.
ADMIT PAGE 3.
(DISCUSSION OFF THE RECORD BETWEEN COUNSEL.)
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2
MR. PRICE:
LET ME
MR. PRICE:
7
8
THE COURT:
OBJECTION?
ALL RIGHT.
IT'S
THAT'S OVERRULED.
GO AHEAD, PLEASE.
10
BY MR. MCELHINNY:
11
Q.
12
13
A.
14
Q.
15
TEAM?
16
A.
17
18
19
20
PURCHASE AND LOOK AT AND SEE WHAT THEY'VE LEARNED OR FOUND OUT.
21
22
Q.
ALL RIGHT.
BACK TO
23
24
A.
25
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Q.
SURVEYS?
A.
MY TEAM DOES.
Q.
AT APPLE?
A.
Q.
10
A.
11
12
13
ABILITY TO SPEAK TO THEM AND ASK THEM QUESTIONS AND THEN GATHER
14
THIS DATA AND GAIN INSIGHTS AS TO WHAT THEY MAY THINK, AND WE
15
16
Q.
17
18
A.
19
20
21
OUR
YES.
22
23
24
25
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Q.
SURVEYS?
A.
APPLE HAS DONE FOR CUSTOMERS OF OUR PRODUCTS OVER THE YEARS.
10
11
12
13
Q.
14
THAT MAKES THE SMARTPHONE EASY TO USE, WHY YOU GET THESE KINDS
15
OF CUSTOMER RANKINGS?
16
A.
17
USE.
18
19
20
THOSE THINGS ARE SOFTWARE, ALL THE GREAT SOFTWARE FEATURES THAT
21
MAKE IT SO YOU UNDERSTAND HOW YOU CAN GET WHAT YOU WANT DONE
22
23
24
Q.
25
SO
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PLEASE.
A.
EASE OF USE WHERE WE HAD SUCH A HIGH RESPONSE RATE OVER TIME
ALL THAT TIME, YOU KNOW, WHAT DO CUSTOMERS THINK ABOUT EASE OF
DIFFERENT BY PRODUCT.
8
9
SO ACROSS
10
11
12
13
Q.
14
A.
OKAY.
15
Q.
16
A.
17
18
EASE OF USE.
19
20
MR. MCELHINNY:
21
JUROR:
22
THE COURT:
23
JUROR:
24
THE COURT:
25
I'M SORRY.
THAT WOULD BE GOOD.
IT'S 3:29.
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JUROR:
THE COURT:
9
10
BREAK.
IT'S 3:29.
THE COURT:
OKAY.
11
12
13
14
15
16
17
18
MR. PRICE:
19
20
EXHIBITS.
21
THE COURT:
OKAY.
22
MR. PRICE:
THE COURT:
23
24
25
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ONE.
3
4
MR. PRICE:
5
6
SO --
THE COURT:
PRESERVING.
MR. PRICE:
THE COURT:
TOO.
10
11
ASKING.
12
13
14
15
16
MR. PRICE:
WE'VE
THAT WAS
17
THE CLERK:
18
THE COURT:
OH, OKAY.
19
20
(LAUGHTER.)
MS. KREVANS:
22
MR. MCELHINNY:
24
25
INSPECT THOSE.
21
23
I HAVE SOME.
WE
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2
CANNOT -OKAY.
I UNDERSTAND.
ALL RIGHT.
9
10
11
MR. PRICE:
YOU'RE CORRECT.
12
THE COURT:
GOT IT.
13
MR. MCELHINNY:
THE COURT:
17
MR. MCELHINNY:
18
THE COURT:
22
23
24
25
LET'S
TEN MINUTES.
TEN MINUTES.
YEAH.
THANK YOU.
THANK YOU.
20
21
THANK YOU.
HONOR?
16
19
ALL RIGHT.
14
15
IF THERE WAS, I
THE COURT:
ALL RIGHT.
JURY.
(JURY IN AT 3:44 P.M.)
THE COURT:
ALL RIGHT.
WELCOME BACK.
DO WE HAVE EIGHT?
THE CLERK:
WE ARE --
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2
THE COURT:
PERSON.
THAT'S WHY.
(LAUGHTER.)
4
5
OKAY.
THE COURT:
ALL RIGHT.
TAKE A SEAT.
GO AHEAD, PLEASE.
BY MR. MCELHINNY:
Q.
10
A.
YES.
11
Q.
12
A.
13
Q.
14
A.
15
16
MR. MCELHINNY:
17
PX 123.
18
MR. PRICE:
NO OBJECTION.
19
THE COURT:
ALL RIGHT.
20
IT'S ADMITTED.
21
THE COURT:
22
BY MR. MCELHINNY:
23
Q.
24
IN THE SUMMARY?
25
A.
GO AHEAD, PLEASE.
YES.
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PHONE?
AND YOU CAN SEE IN BLUE COLOR THERE ARE THE BARS FOR THE
IPHONE OR IOS USERS, AND IN GREEN, THE ANDROID PHONE USERS AND
Q.
THE SURVEYS THAT WENT INTO THIS SUMMARY AND THE SURVEYS OF THE
10
A.
11
OWN CUSTOMERS.
12
13
14
15
16
17
QUESTIONS OF.
18
19
GOOD.
20
Q.
21
22
US?
23
A.
24
25
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SO PEOPLE WHO
Q.
A.
SURVEY ABOUT WHETHER THEY ARE -- THIS DEVICE THEY CURRENTLY OWN
10
11
SMARTPHONE BUYER, AND AS YOU SEE ACROSS THE BARS, THE NUMBER
12
WAS VERY HIGH FOR FIRST-TIME BUYERS, ANYWHERE FROM JUST UNDER
13
14
SMARTPHONE DURING THE TIME OF THE SURVEY WHO HAD NEVER HAD ONE
15
BEFORE.
16
Q.
17
18
19
A.
20
21
Q.
22
A.
23
FISCAL QUARTERS.
24
Q.
25
A.
WHAT
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Q.
A.
WHAT WE'VE BEEN SAYING FROM DAY ONE WHEN WE STARTED WORK ON THE
SMARTPHONE.
10
THANK YOU.
11
12
SEE THAT STILL A VERY LARGE NUMBER OF PEOPLE ARE GETTING THEIR
13
14
IS THE PHONE PURCHASE THAT WILL THEN HELP YOU DECIDE WHAT
15
16
17
Q.
18
A.
YES, IT HAS.
19
Q.
20
PRODUCTS?
21
A.
22
23
24
25
WE PUT ON
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Q.
A.
IT IS.
Q.
A.
NOT AT ALL.
Q.
A.
10
11
PRODUCT.
12
IT'S THE
AT THE END OF THE DAY, YOU CAN HAVE A HORRIBLE PRODUCT AND
13
A GREAT AD.
14
SO GOOD.
15
16
17
18
19
20
Q.
21
22
A.
I BELIEVE SO.
23
Q.
24
A.
25
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Q.
A.
BILLBOARD.
THE PRODUCT IS THE MOST IMPORTANT THING, YOU FOCUS MOST ON THAT
10
PRODUCT.
11
Q.
12
13
IT'S WHAT YOU SEE WHEN YOU WALK INTO THE STORE.
MARKET?
14
A.
YES.
15
Q.
16
17
18
19
A.
20
Q.
21
22
A.
23
SEGMENTATION.
24
Q.
25
QUESTION BETTER.
NOT AT ALL.
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WORLD OF MARKETING?
A.
OF BUSINESS.
8
9
10
11
12
13
14
15
16
Q.
17
SOMETHING, AND I'M NOT SURE WE ALL WOULD HAVE UNDERSTOOD WHAT
18
IT WAS.
19
20
A.
YES.
21
Q.
22
23
A.
24
25
LENGTH.
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Q.
A.
FOR FREE.
Q.
10
A.
11
CARRIERS IN THE UNITED STATES, YOU KNOW, CARRIERS LIKE AT&T AND
12
VERIZON AND SPRINT, AND THEY OFFER THEM AND IF YOU PURCHASE IT
13
14
15
16
Q.
17
RETAIL CHANNELS?
18
A.
YES, WE DO.
19
Q.
20
21
A.
22
CHANNELS.
23
24
25
Q.
YOU
SIR, CAN YOU TELL ME WHAT YOUR PERSONAL REACTION WAS WHEN
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2
3
MR. PRICE:
MR. MCELHINNY:
IT'S
THE COURT:
OVERRULED.
GO AHEAD, PLEASE.
8
9
4
5
OBJECTION.
THE WITNESS:
I READ ABOUT IT IN AN
10
ONLINE NEWS STORY AND THE FIRST REACTION WAS SHOCK THAT IT
11
12
13
14
BY MR. MCELHINNY:
15
Q.
16
IN MARKETING?
17
A.
18
19
20
21
22
THE COURT:
OVERRULED.
23
THE WITNESS:
GO AHEAD.
24
25
TRYING TO SHOWCASE WHAT OUR PRODUCT IS, WHAT IT DOES, WHY IT'S
WE'RE
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BRINGING TO CUSTOMERS.
AS EASY TO MARKET.
10
11
12
13
14
15
THE INNOVATIONS AND THE EASE OF USE AND THE GREAT EXPERIENCE OF
16
17
IF OTHERS ARE COPYING THOSE THINGS AND YOU CAN'T STAND ON THEM
18
19
Q.
SIR, ARE YOU GENERALLY FAMILIAR WITH THE FIVE PATENTS THAT
20
21
A.
22
Q.
23
THEM?
24
A.
25
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Q.
THAT ONE.
A.
YES.
Q.
OKAY.
TO AUGUST 2011.
A.
I WILL TRY.
10
Q.
11
12
13
A.
14
15
16
17
18
OKAY.
JUST A YES OR NO TO
19
CAPABILITIES.
20
21
22
WIRELESS SYNCING WAS ONE OF THE BIG FEATURES THAT WAS PART OF
23
THAT.
24
25
SO WE WERE
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THAT.
Q.
10
11
A.
12
13
AND WAS WELL AWARE THAT THEY HAD A STRATEGY TO COME AFTER
14
15
16
17
COMPANY THAT WAS COMING AFTER YOUR PRODUCTS AND YOUR CUSTOMERS
18
19
20
21
Q.
22
23
24
A.
25
I -MR. PRICE:
LACK OF
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FOUNDATION.
UNDISCLOSED.
MR. MCELHINNY:
MR. PRICE:
ON A HYPOTHETICAL?
THE COURT:
MR. MCELHINNY:
9
10
GOT IT?
(RECORD READ.)
12
THE WITNESS:
13
BY MR. MCELHINNY:
14
Q.
15
16
A.
I BELIEVE SO.
17
Q.
18
MR. PRICE:
OPINION, UNDISCLOSED.
20
21
11
19
MR. MCELHINNY:
FACT OF INJURY.
22
THE COURT:
23
OVERRULED.
GO AHEAD, PLEASE.
24
BY MR. MCELHINNY:
25
Q.
HAS SAMSUNG'S
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A.
MR. PRICE:
THE COURT:
8
9
THERE'S BEEN NO
OVERRULED.
GO AHEAD, PLEASE.
BY MR. MCELHINNY:
10
Q.
11
A.
YES.
12
Q.
OKAY.
13
THIS TIME.
14
A.
15
MARKETPLACE.
16
17
INNOVATOR.
18
GO AHEAD.
19
ARE CREATING THIS EXPERIENCE AS THE MOST EASY TO USE AND WILL
20
21
22
Q.
23
24
MARKETPLACE.
25
IS THAT TRUE?
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A.
NOT AT ALL.
Q.
MARKETPLACE?
A.
8
9
10
THEY BENEFIT BY
11
I THINK
12
13
14
MR. MCELHINNY:
15
THE COURT:
ALL RIGHT.
16
MR. PRICE:
17
THE COURT:
18
(PAUSE IN PROCEEDINGS.)
19
MR. PRICE:
YOUR HONOR?
20
THE COURT:
ALL RIGHT.
21
4:04.
22
TIME IS NOW
GO AHEAD, PLEASE.
MR. PRICE:
23
24
BY MR. PRICE:
25
Q.
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I BELIEVE THAT IT HAS BEEN YOUR TESTIMONY THAT WHEN YOU WERE AT
APPLE AND APPLE CAME OUT IN 2007 WITH THAT IPHONE, YOU EXPECTED
CORRECT?
A.
YES.
Q.
A.
10
Q.
LIKE FOR A WHILE THERE WERE THESE FLIP PHONES, YOU KNOW.
11
12
13
A.
14
15
YOU
MEAN.
16
Q.
17
MARKET; CORRECT?
18
A.
YES.
19
Q.
20
21
DIDN'T DO THINGS THAT APPLE ITSELF HAD THE SOLE RIGHT TO DO;
22
CORRECT?
23
A.
24
25
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2
Q.
THINK YOUR ATTORNEY ASKED YOU SOME QUESTIONS ABOUT WHETHER YOU
A.
Q.
10
A.
I BELIEVE SO.
11
Q.
12
SOMETHING YOU HAVE THE SOLE RIGHT TO DO, YOU REALLY HAVE TO
13
14
A.
15
CLAIMS IN A PATENT.
16
17
CLAIMS MEAN.
18
Q.
19
20
21
22
23
24
A.
25
OKAY.
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TO SAY.
Q.
THAT PHONE IN 2007, WHICH WE HEARD ALL THE APPLAUSE FOR ON THE
CORRECT?
A.
Q.
10
OF DOING IT; THAT IS, USING WAYS THAT ONLY APPLE HAD THE RIGHT
11
TO DO; CORRECT?
12
A.
I BELIEVE SO.
13
Q.
OKAY.
14
15
16
17
A.
YES.
18
Q.
19
20
TO USE.
21
22
MR. MCELHINNY:
23
MR. PRICE:
HE SAID --
24
THE COURT:
OVERRULED.
25
GO AHEAD.
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2
THE WITNESS:
I'M SORRY.
AGAIN.
MR. PRICE:
SURE.
Q.
ANDROID?
A.
Q.
ANDROID; RIGHT?
10
A.
YES.
11
Q.
12
GOOGLE; CORRECT?
13
A.
YES.
14
Q.
15
JUST BECAUSE APPLE CAME OUT WITH THIS REMARKABLE PHONE IN 2007,
16
17
TO USE.
18
A.
NO.
19
Q.
20
21
CORRECT?
22
MR. MCELHINNY:
OBJECTION.
23
24
25
THE COURT:
OVERRULED.
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GO AHEAD, PLEASE.
THE WITNESS:
I'M SORRY.
AGAIN, PLEASE.
BY MR. PRICE:
Q.
A.
I BELIEVE SO.
Q.
OKAY.
SURE.
10
11
12
13
A.
14
Q.
OKAY.
15
16
17
18
MR. MCELHINNY:
MAY WE
19
APPROACH?
20
21
22
THE COURT:
23
MR. MCELHINNY:
24
(PAUSE IN PROCEEDINGS.)
25
THE COURT:
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BY MR. QUINN:
Q.
A.
YES.
Q.
2007 BECAUSE THAT IPHONE DID NOT PRACTICE FOUR OF THOSE FIVE
10
CLAIMS?
11
A.
12
13
ASSERTED.
14
15
16
17
18
Q.
OKAY.
19
20
21
PHONES?
22
A.
23
EXPERTISE, NO.
24
Q.
25
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A.
YES.
Q.
OKAY.
CLAIMS THAT ARE ASSERTED IN THIS CASE BECAUSE YOU DON'T EVEN
A.
WHICH INCLUDE MANY THINGS, AND NOT ABOUT ANY SPECIFIC CLAIM
CORRECT?
10
ASSERTION.
11
Q.
12
13
14
A.
YES.
15
Q.
OKAY.
16
17
18
19
20
A.
I'M SORRY.
21
22
23
Q.
24
A.
NO, I DIDN'T.
25
Q.
AH.
SO
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TIME; CORRECT?
A.
NO.
Q.
A.
Q.
A.
Q.
10
A.
11
WAS USED.
12
Q.
13
A.
DEPENDS.
14
15
Q.
16
AGREE?
17
A.
18
Q.
19
20
21
DEPOSITION TESTIMONY.
22
CORRECT.
IT CAN BE.
IT DOESN'T
YES.
I WANT TO LOOK AT THE OTHER ONE, AND TOWARD THE END THERE
23
24
2312.
25
YOU
IT'S SDX
I'VE GOT
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A.
NO.
Q.
A.
Q.
A.
Q.
THEY DON'T --
A.
10
Q.
11
12
IPHONE, ISN'T IT TRUE THAT THAT IPHONE DID NOT USE THE WORD
13
14
15
16
MR. MCELHINNY:
SCOPE.
17
LACKS FOUNDATION.
THAT'S SUSTAINED.
18
BY MR. PRICE:
19
Q.
20
21
DO YOU KNOW
22
MR. MCELHINNY:
23
MR. PRICE:
24
THE COURT:
25
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THE WITNESS:
WOULDN'T KNOW.
BY MR. PRICE:
Q.
WENT THROUGH EVERY ONE OF THESE APPLE PHONES FROM THE ORIGINAL
OKAY.
SO I
SO IF I
10
THAT?
11
A.
12
THE PATENTS.
13
Q.
14
15
16
17
18
IN THIS CASE?
NO.
OKAY.
19
MR. MCELHINNY:
20
THE COURT:
21
MR. MCELHINNY:
22
23
24
25
CLAIMS.
WHAT IS IT?
GO AHEAD.
ALL RIGHT.
OVERRULED.
THE WITNESS:
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THEY MAY NOT HAVE SINCE I DON'T HAVE DEEP KNOWLEDGE OF ASSERTED
CLAIMS.
BY MR. PRICE:
Q.
A.
10
HYPOTHETICALLY, YES.
11
12
OKAY.
13
Q.
14
15
16
17
A.
18
Q.
19
20
A.
CORRECT.
21
Q.
22
23
24
CORRECTION?
25
A.
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Q.
OKAY.
USED BEFORE, AND I THINK YOU SAID ACTUALLY THAT IT WAS IN 2011
WHEN -- AUGUST OF 2011 THAT APPLE WAS FIRST COMING OUT WITH
A.
5.
Q.
APPLE, FOR THE FIRST TIME, CAME OUT WITH THIS WIRELESS SYNCING?
OKAY.
10
A.
11
12
YES.
13
14
DO THAT AS WELL.
15
Q.
16
A.
YES.
17
Q.
OKAY.
18
19
20
21
A.
I'M SORRY.
22
23
24
Q.
25
OKAY.
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A.
I'M SORRY.
Q.
A.
Q.
OKAY.
A.
I DON'T KNOW.
10
Q.
11
A.
12
Q.
OKAY.
13
14
A.
15
Q.
16
A.
17
18
19
Q.
20
A.
OKAY.
21
Q.
22
23
HUNDREDS OF FEATURES.
24
A.
YES, IT DOES.
25
Q.
OKAY.
I WOULD BE JUST
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A.
Q.
A.
Q.
10
11
A.
12
13
Q.
14
15
A.
16
17
Q.
18
19
20
IT'S POSSIBLE.
I DON'T KNOW.
OKAY.
IT'S POSSIBLE.
21
IF I TOOK OUT THE EASE WITH WHICH YOU CAN SIMPLY MAKE A
22
PHONE CALL WITH A PHONE, YOU MIGHT NOT WANT TO BUY THAT PHONE
23
BECAUSE IT'S REALLY HARD TO DO THE ONE THING YOU REALLY NEED TO
24
25
SO IT DEPENDS.
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SITUATION.
Q.
A.
TRYING TO HELP YOU ANSWER YOUR QUESTION, AND IT'S NOT SOMETHING
9
10
OKAY.
I DO MY JOB IN MARKETING.
I'M
11
12
13
THEM.
14
ABOUT.
15
Q.
16
17
18
A.
SURE.
19
Q.
-- OF APPLE PRODUCTS.
20
21
OKAY.
22
A.
I BELIEVE SO.
23
Q.
24
25
THAT THERE WERE NEW CONSUMERS BEING BROUGHT INTO THE MARKET.
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A.
YES.
Q.
5
6
THAT
THAT'S A
PLAINTIFF'S EXHIBIT.
HERE WE GO.
10
11
A.
YES.
12
Q.
13
PEOPLE BEFORE, YOU KNOW, THIS TIMEFRAME, WERE USING PHONES THAT
14
WEREN'T SMARTPHONES.
15
A.
CORRECT.
16
Q.
17
A.
YES.
18
Q.
19
20
SURVEYS; CORRECT?
21
A.
YES.
22
Q.
23
A.
24
Q.
OKAY.
25
A.
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(LAUGHTER.)
BY MR. PRICE:
Q.
SURVEY?
YEAH.
A.
Q.
10
11
A.
12
I'M SORRY.
I DON'T LIKE
13
14
THEM.
15
16
17
18
19
20
THEY THINK OF THEIR PHONE, VERSUS THINGS THAT THEY DON'T HAVE
21
KNOWLEDGE OF.
22
23
24
25
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A.
Q.
I'M SORRY.
A.
YES.
Q.
AND, IN FACT, YOU SAID THAT, THAT YOU -- YOU DON'T TRY TO
A.
DONE.
IT CAN BE DONE.
IT IS
10
Q.
11
12
ABOUT, YOU HAVE TO TELL THEM ABOUT SOMETHING, YOU FIND THAT
13
14
A.
15
Q.
16
KNOW, LET ME TELL IT TO YOU, AND NOW YOU TELL ME BACK WHAT YOU
17
18
19
20
IT CAN BE.
21
22
23
24
25
I THINK THAT'S A
I THINK IT DEPENDS.
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Q.
A.
NO.
Q.
PRODUCT?
A.
NO.
Q.
WHAT'S IT WITH?
A.
QUITE A LOT.
EARLY '80S.
10
Q.
11
YOU DIDN'T KNOW, LET ME TELL IT TO YOU, AND NOW YOU TELL ME
12
BACK WHAT YOU THINK, THAT'S GETTING LESS RELIABLE DATA THAN
13
ASKING THEM ABOUT WHAT THEY ALREADY KNOW ABOUT," DO YOU AGREE
14
WITH THAT?
15
A.
16
Q.
OKAY.
17
OKAY.
OH, NO.
18
THE COURT:
TIME IS 4:31.
19
MR. PRICE:
20
21
Q.
22
23
24
25
YES.
'12 --
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Q.
A.
SMARTPHONE.
WHO'S OWNED IT FOR ONE OR TWO YEARS, I WOULDN'T SAY THAT THAT'S
9
10
11
THE COURT:
IT IS 4:32.
12
MR. PRICE:
13
THE COURT:
14
15
16
MR. SCHILLER.
17
18
19
20
JUROR:
21
THE COURT:
22
23
24
25
FRIDAY MORNING.
I'LL BE FINE.
OKAY.
THANK YOU.
THANK YOU.
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2
3
4
5
THE COURT:
MS. MAROULIS:
THE COURT:
MR. MCELHINNY:
THE COURT:
10
ALL RIGHT.
NO?
THANK YOU.
WE'LL SEE
11
(PAUSE IN PROCEEDINGS.)
12
MR. MCELHINNY:
OUR NEXT
13
WITNESS IN ORDER IS HERE AND I JUST WANT TO LET HIM SIT IN THE
14
15
SECOND.
16
THE COURT:
17
18
19
OBJECTION?
20
MR. QUINN:
21
MR. MCELHINNY:
22
THE COURT:
23
MR. MCELHINNY:
24
25
IS THERE ANY
NO.
THANK YOU.
IS HE HERE?
HE IS HERE.
HONOR.
THE COURT:
ALL RIGHT.
Case
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1
CHAPERONE.
MR. MCELHINNY:
(PAUSE IN PROCEEDINGS.)
MR. MCELHINNY:
THE COURT:
MR. MCELHINNY:
OKAY.
YOU'LL HAVE WATER, YOU'LL HAVE YOUR
10
THE WITNESS:
11
THE COURT:
12
ALL RIGHT.
I APPRECIATE IT.
OKAY.
13
14
15
16
17
18
19
20
21
22
23
24
25
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1
2
CERTIFICATE OF REPORTERS
3
4
5
6
7
10
11
HEREBY CERTIFY:
THAT THE FOREGOING TRANSCRIPT, CERTIFICATE INCLUSIVE, IS
12
13
ABOVE-ENTITLED MATTER.
14
15
16
______________________________
IRENE RODRIGUEZ, CSR, CRR
CERTIFICATE NUMBER 8076
17
18
19
_______________________________
LEE-ANNE SHORTRIDGE, CSR, CRR
CERTIFICATE NUMBER 9595
20
21
DATED:
APRIL 1, 2014
22
23
24
25
EXHIBIT 2
Case
3:10-cv-03561-WHA /@6C>8?B$,%#
Document 1340-30<=87#)"$)"$'
Filed 10/15/15
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of 7
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of 6 2620
1
4
5
6
7
8
9
10
11
12
13
PLAINTIFF,
VS.
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.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
C-12-00630 LHK
SAN JOSE, CALIFORNIA
APRIL 22, 2014
VOLUME 11
PAGES 2620-2873
14
15
16
17
TRANSCRIPT OF PROCEEDINGS
BEFORE THE HONORABLE LUCY H. KOH
UNITED STATES DISTRICT JUDGE
18
19
20
21
22
23
24
25
.5A8(-$%!6D!##)&#!312
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1
2
A P P E A R A N C E S:
FOR PLAINTIFF
APPLE:
4
5
94105
6
7
8
9
10
11
94304
12
13
15
16
BY:
14
17
18
FOR SAMSUNG:
VICTORIA F. MAROULIS
KEVIN B. JOHNSON
555 TWIN DOLPHIN DRIVE
SUITE 560
REDWOOD SHORES, CALIFORNIA
19
20
21
22
23
24
25
94065
.5A8(-$%!6D!##)&#!312
45;8&
@9 4%((
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1
INDEX OF WITNESSES
DEFENDANTS'
KENNETH PARULSKI
DIRECT EXAM BY MR. JOHNSON (RES.)
CROSS-EXAM BY MR. LEE
P. 2624
P. 2627
SANJAY RAO
DIRECT EXAM BY MR. CEDERBERG
CROSS-EXAM BY MR. LEE
P. 2645
P. 2553
JAMES KEARL
DIRECT EXAM BY MR. CEDERBERG
CROSS-EXAM BY MR. LEE
REDIRECT EXAM BY MR. CEDERBERG
P. 2656
P. 2669
P. 2677
4
5
6
7
8
9
10
PLAINTIFFS'
11
TIM MILLET
DIRECT EXAM BY MS. TALLON
CROSS-EXAM BY MR. JOHNSON
P. 2687
P. 2701
ROBERTO GARCIA
DIRECT EXAM BY MR. SELWYN
P. 2703
TRACEY MAZUR
BY DECLARATION
P. 2716
JAMES STORER
DIRECT EXAM BY MR. SELWYN
CROSS-EXAM BY MR. JOHNSON
P. 2718
P. 2779
JAMES MACCOUN
BY VIDEOTAPED DEPOSITION
P. 2785
TODD MOWRY
FURTHER DIRECT EXAM BY MS. KREVANS
P. 2787
P. 2812
P. 2850
ANDREW COCKBURN
FURTHER REDIRECT EXAM BY MR. MCELHINNY
P. 2859
12
13
14
15
16
17
18
19
20
21
22
23
24
25
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THE COURT:
MR. MCELHINNY:
THE COURT:
AT THIS TIME?
YES, YOUR HONOR.
OKAY.
10
A WITNESS'S BIAS.
11
OKAY.
12
GO AHEAD, PLEASE.
13
TIME IS 1:58.
MR. MCELHINNY:
14
15
16
17
QUESTION:
18
19
THIRD PARTY, IDENTIFY THAT THIRD PARTY, STATE THE FULL BASIS
20
21
ALLEGED INDEMNIFICATION."
22
"SUBJECT TO AND
23
24
25
.5A8(-$%!6D!##)&#!312
0<=87#)"$+"$'
45;8$))
Case
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1
THE COURT:
MR. MCELHINNY:
4
5
6
7
8
9
10
ALL RIGHT.
MR. MCELHINNY:
11
THE COURT:
12
MR. MCELHINNY:
ALL RIGHT.
THAT'S LODGED.
13
14
15
REQUEST.
16
MS. MAROULIS:
17
THE COURT:
18
19
OKAY.
20
THE COURT:
21
MR. MCELHINNY:
22
THE COURT:
23
ALL RIGHT.
24
MS. KREVANS:
25
THE COURT:
OKAY.
PERHAPS WE
EXHIBIT 4
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4
5
6
7
8
9
10
11
12
13
PLAINTIFF,
VS.
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.
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C-12-00630 LHK
SAN JOSE, CALIFORNIA
APRIL 29, 2014
VOLUME 14
PAGES 3194-3369
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TRANSCRIPT OF PROCEEDINGS
BEFORE THE HONORABLE LUCY H. KOH
UNITED STATES DISTRICT JUDGE
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A P P E A R A N C E S:
FOR PLAINTIFF
APPLE:
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94105
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94304
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BY:
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FOR SAMSUNG:
VICTORIA F. MAROULIS
KEVIN B . JOHNSON
555 TWIN DOLPHIN DRIVE
SUITE 560
REDWOOD SHORES, CALIFORNIA
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INDEX OF PROCEEDINGS
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P. 3198
P. 3255
P. 3273
P. 3313
P. 3322
P. 3344
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THE COURT:
MR. MCELHINNY:
MR. PRICE:
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GOOD MORNING.
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THE COURT:
PLEASE TAKE A
SEAT.
YOU HAVE NOW HEARD ALL THE EVIDENCE AND YESTERDAY YOU
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COUNSEL.
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HAS SHOWN.
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PROVIDED TO YOU.
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NOT TO DISCUSS THE CASE UNTIL ALL EIGHT JURORS ARE PRESENT IN
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GO AHEAD, PLEASE.
MR. MCELHINNY:
THANK YOU.
GOOD MORNING.
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JURORS:
GOOD MORNING.
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MR. MCELHINNY:
IN
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AND THE LAWYERS HAVE BROUGHT YOU PAGES AND THEY PUT SLIDES ON
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THE SCREEN.
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WHITE BINDERS.
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HELPFUL TO YOU, YOU CAN TAKE THOSE EXHIBIT NUMBERS DOWN AND
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DOCUMENT.
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PRODUCT.
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IT
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STEVE JOBS, AND LIKE THE APPLE INVENTORS WHO CAME HERE TO
SEEMS SO LONG AGO -- LIKE GREG CHRISTIE WHO CAME HERE AND
TIM MILLET, THOMAS DENIAU WHO CAME FROM PARIS WITH HIS
PEOPLE WHO, THROUGH GENIUS AND HARD WORK, HAVE MADE REAL
SHARE INFORMATION.
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THEY FACED
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OFFICE.
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PUT THOSE COMPETITORS ON NOTICE THAT THEY COULD NOT SIMPLY COPY
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IT IS UNCONTROVERTED.
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ELECTRONICS.
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NOT A WORD
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PARTICULARLY SUCCESSFUL.
IT WAS NOT A
IN FEBRUARY 2010 WHEN ITS TOP EXECUTIVE MADE CLEAR THAT SAMSUNG
WAS SUFFERING WHAT THEY CALLED A CRISIS OF DESIGN AND THAT ITS
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WERE TELLING SAMSUNG THAT THE ONLY WAY FORWARD FOR IT WAS TO,
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IPHONE."
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AFTER FEATURE AFTER FEATURE FROM THE IPHONE, AND THAT SAMSUNG
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AUGUST 2010, THERE WAS A MEETING BETWEEN SAMSUNG AND APPLE AND
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IT
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INJURED APPLE, THE COMPANY AND THE EMPLOYEES WHO WERE THE
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FOUR SHORT WEEKS AGO I STOOD BEFORE YOU AND I TOLD YOU TWO
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THE TESTIMONY
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COMES IN ONE WITNESS AT A TIME, YOU SEE ONLY BITS AND PIECES OF
FIRST, I TOLD
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DOCUMENTS ON THE SCREEN, AND YOU DON'T EVEN FIND OUT THE LEGAL
TASK.
IT IS DIFFICULT
I ALSO TOLD YOU THAT ON THE APPLE SIDE, WE FELT IT WAS OUR
OUR JOB TO PRESENT THE EVIDENCE IN A CLEAR AND HELPFUL WAY, AND
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IT WAS
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THE VERDICT
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QUESTIONS.
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DECIDE AND WHICH OF THE EVIDENCE YOU HAVE SEEN HAS BEEN AN
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CORPORATION, OR SEC.
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UNITED STATES.
AND AS YOU MAY REMEMBER WHEN JUSTIN DENISON TESTIFIED, HE
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THIS TRIAL.
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UNITED STATES.
MR. DENISON, MR. SHEPPARD, AND MR. DICARLO WORKS OR WORKED FOR
STA DURING THE RELEVANT TIME PERIODS, AND ALL OF THESE GUYS
PERSON WHO COULD TALK ABOUT HOW THE INFRINGING PHONES CAME TO
BE.
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NOT ONE
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SEPARATELY.
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WE ARE ASSERTING, AS
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LET'S BE CLEAR.
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6
NEXUS.
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FOUR
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VIDEO CLIP.
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ON IT DIRECTLY.
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A TRACK.
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IMAGE.
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HE
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UNLOCK IMAGE AND UNLOCKING THE DEVICE WHEN THE UNLOCK IMAGE IS
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THE DEVICE.
NO EVIDENCE TO SUPPORT?
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CORRECT DECISION?
PROFESSOR GREENBERG DID DEFEND ONE PHONE, THE GALAXY
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NEXUS.
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TOLD YOU CAN'T PLAY GAMES WITH THEM, BUT YOU'RE GOING TO HAVE
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YOU'VE BEEN
IF YOU WANT
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IF YOU WANT TO TEST THE ADMIRE FOR THIS PATENT, YOU CAN LOOK AT
THAT EXHIBIT.
EVERY PATENT, SO YOU HAVE TO BE SURE THAT YOU HAVE THE RIGHT
EXAMPLE FOR THE PARTICULAR PATENT THAT YOU ARE LOOKING AT.
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BE ACCURATE.
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INFRINGEMENT.
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VERDICT FORM, YOU SHOULD FIND INFRINGEMENT BY BOTH SEC AND STA.
LET ME STOP HERE TO POINT OUT THAT DESPITE ALL THE TIMES
THAT SAMSUNG MENTIONED IT, YOU WILL NOT FIND A SINGLE QUESTION
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INDUCEMENT IS A SEPARATE
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THE DEVICES.
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AND, THIRD, SEC MUST HAVE KNOWN THAT THE ACTS IT WAS
WILLFUL BLINDNESS.
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WE ASK THAT AFTER YOU CONSIDER ALL THIS EVIDENCE, YOU FIND
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THE '721 PATENT AND THAT YOU ANSWER YES TO QUESTION 5 ON YOUR
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VERDICT FORM.
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ELEMENTS.
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THIS IS A THIRD
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THAT MADE ALL OF THE KEY DECISIONS ABOUT WHAT SOFTWARE WAS
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GIVEN
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ASKED WHETHER OR NOT SAMSUNG PROVED THAT THE '721 PATENT WAS
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INVALID.
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CASE.
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INVENTION.
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OBVIOUS JUST BY GOING AND FINDING BITS AND PIECES IN THE PRIOR
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HERE.
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YOU KNOW FROM YOUR OWN EXPERIENCE THAT MANY TIMES WHEN YOU
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THAT'S OBVIOUS."
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WELL,
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PLAISANT.
ACTUALLY BEFORE THE PTO EXAMINERS WHO ISSUED THE PATENT, AND
YOU CAN SEE THAT ON THE FACE OF THE PATENT WHERE THEY ARE
LISTED.
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CITED.
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THAT'S JX 8
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REFERENCE THAT MAY NOT HAVE BEEN CITED, NO SAMSUNG EXPERT HAS
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EVER TESTIFIED TO YOU UNDER OATH THAT THIS NEW REFERENCE WAS
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MORE RELEVANT THAN THE ART THAT THE EXAMINER ACTUALLY LOOKED
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AT.
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ANYMORE.
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FILLED IN HERE.
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HE POINTED OUT THAT NOT ONLY DID PLAISANT NOT FILL OUT THE
YOU MAY REMEMBER, HE PUT THE ARTICLE UP AND IT SAID THAT PEOPLE
HARDER TO IMPLEMENT.
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THEY WERE
HE
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EXHIBIT 157, WHICH WAS THE AMETHYST PHONE, DR. GREENBERG DIDN'T
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MENTION THEM.
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IDEA WAS OBVIOUS OR THAT SAMSUNG HAD IT FIRST, THAT IT'S IN THE
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GOOGLE SOFTWARE.
THIS IS A TRIAL.
IT'S NOT UNUSUAL FOR PARTIES TO SEE THE WORLD DIFFERENTLY AND
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THEIR
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YOU MAY REMEMBER, IT'S BEEN A WHILE NOW, BUT WHEN WE SAW WHAT
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AND
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FORM NO, SAMSUNG HAS NOT PROVEN THAT THIS CLAIM IS INVALID.
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ENFORCEABLE PATENT.
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HERE AGAIN, COPYING PLAYS A BIG PART AND YOU CAN FIND
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FEATURES.
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ON THE VERDICT FORM FOR BOTH SEC AND STA, AND THAT WILL BE IT
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WILL BE A LOT QUICKER BECAUSE YOU DON'T GET ASKED ANY QUESTIONS
ABOUT INFRINGEMENT.
AS A MATTER OF LAW.
PATENT.
AT PAGE 7.
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9
THERE'S A LOT OF
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LISTS OF PHONES.
11
THAT WE THINK YOU WILL NEED, AND I'LL MENTION IT SEVERAL TIMES
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TODAY, IN THIS ONE EXHIBIT, 222A, AND THAT'S WHERE YOU WILL
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FIND ALL OF THE NUMBERS AND THE LISTS OF ACCUSED DEVICES AND
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XRGOMICS PATENTS.
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ADMITTED THAT THE PTO HAD ALL THE FIGURES FROM THE ROBINSON
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NOT SHOW THE CURRENT CHARACTER STRING IN THE TEXT BOX, IT WAS
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IT WAS A
IT DOES NO CORRECTION.
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ALTERNATIVE THAT SAMSUNG WAS USING ON ITS DART PHONE HAD BEEN
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TOO JARRING.
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NOWHERE DID ANYONE EVER SUGGEST THAT THE APPLE PATENT AND
THE APPLE PATENTED FEATURE WAS OBVIOUS.
SO WHEN YOU GET TO QUESTION 8 ON THE VERDICT FORM, WE ASK
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THAT IS
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PHONES.
AGAIN, YOU CAN SEE THEM HERE, BUT YOU WILL ALSO FIND
PATENT.
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ACCUSED PHONES, AND THAT MOST OF THE CLAIM ELEMENTS ARE PRESENT
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INFRINGING PHONES.
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THIS CASE.
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THAT.
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AND DR. JEFFAY CAME BACK AND HE CAME BACK TO RAISE TWO NEW
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ISSUES.
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EVERYONE AGREES
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LIBRARY.
APPLICATION.
USE IT.
APPLICATION.
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10
IT
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MEMORY.
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HERE.
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TOGETHER.
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THESE
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IS SEPARATE.
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IT IS USED BY ALL.
IT IS PART OF NONE.
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SELECTED.
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BOTH SEA AND STA AND TO FIND SEA LIABLE FOR INDUCED AND
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DISCUSSED.
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WEIRD MOMENTS.
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XEROX PARK AND HE PROMISED YOU THAT THEY WOULD SHOW YOU THAT
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10
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THOSE ARE THE VERY THINGS THAT MADE THE '647 INVENTION SO
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HELPFUL.
16
MENU OF OPTIONS.
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THE FIRST TIME HE WAS HERE, DR. JEFFAY ADMITTED THAT SIDEKICK
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OPTIONS.
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ADDITIONAL CONSTRUCTION.
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HOW CAN IT
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IS ONE OF THE PATENTS THAT WAS EXPRESSLY LISTED WHEN APPLE MET
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THESE
CODE AND IT WROTE ITS OWN CODE SO THAT ITS PHONES WOULD
DETAIL.
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15
NARROW.
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IT DOES NOT DENY THAT ITS PHONES SEARCH BOTH LOCALLY AND ON THE
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INTERNET.
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INFRINGERS.
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16
THE
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18
THAT INDUCES BOTH SEA AND STA TO INFRINGE AND IT IS SEC THAT
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THE FIRST WAS BASED ON THE SOFTWARE PROGRAM CALLED FREEWAIS SF.
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INVENTION.
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JANUARY OF 2000.
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2000.
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MADE SOFTWARE.
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THE
IT'S
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AS YOU WILL RECALL, SAMSUNG BROUGHT THE SOURCE CODE OVER FOR
FREEWAIS SF OVER FROM GERMANY LAST YEAR AND PAID DR. RINARD TO
WHAT THEY WANTED TO ARGUE TO YOU WAS THAT YOU COULD ASSUME
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READABLE.
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18
MACHINES DON'T.
SO SOURCE CODE
YOU MAY REMEMBER THAT DR. RINARD TESTIFIED THAT ONE OF THE
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STEP THAT TURNS SOURCE CODE, WHICH PEOPLE CAN READ, INTO
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23
COMPILING IS THE
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25
FRIDAY, THEY BROUGHT HIM BACK TO TRY A LITTLE BIT MORE OF THIS
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SAID "NOW I'M RELYING ON THE DISK AND NOT THE SOURCE CODE."
DISK THAT'S IN EVIDENCE GOT HERE ONLY LAST YEAR FROM GERMANY.
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THE DISK
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12
13
JANUARY OF 2000.
14
WHEN IT GOT
15
THE SOURCE CODE LAST YEAR, EVEN THOUGH IT WAS USING OUR PATENT
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25
SO AFTER ALL THAT WORK THAT HE DID, WHAT DR. RINARD ENDED
UP PROVING WAS EXACTLY HOW COOL APPLE'S INVENTION IS.
IT
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DEVICE.
PATENT.
AND SHOHAM.
8
9
HE NEVER TRIED
THIS
10
11
12
13
14
15
16
17
18
19
TOLD YOU THAT THE ART HE TESTIFIED ABOUT WAS MORE RELEVANT THAN
20
21
22
DECISION.
23
24
(LAUGHTER.)
25
MR. MCELHINNY:
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SORRY TO MARCH YOU THROUGH ALL THIS, BUT IT'S THE ONLY WAY I
WHAT?
SO HERE WE GO.
WE HAVE
10
11
ACCUSED DEVICE.
SAMSUNG BROUGHT IN DR. CHASE TO RAISE A TECHNICAL DEFENSE.
12
YOU MAY REMEMBER THAT DR. CHASE TESTIFIED THAT EVEN THOUGH THE
13
14
THOSE SIX SYNC ADAPTERS WERE NOT KEY -- THE CLAIM LANGUAGE IS
15
16
17
PROCESS.
18
19
20
21
22
23
24
25
SHOWED YOU PLAINTIFF'S EXHIBIT 172, WHICH SAYS THAT THE SYNC
WE
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2
WAS 172, THIS ONE IS 102 -- AND THIS DOCUMENT DESCRIBES HOW THE
INFRINGE.
10
11
12
13
14
THREE DIFFERENT DATA CLASSES AND THAT CREATE THEIR OWN THREADS.
15
16
17
18
19
20
EVOLUTION.
21
22
23
24
25
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AND THEN HERE I THOUGHT THE -- SAMSUNG PUT THIS EVIDENCE IN,
8
9
10
11
12
13
14
15
THIS
IT SHOWED HERE
16
17
18
19
ISSUES.
20
21
22
INFRINGEMENT.
23
24
25
ISSUE OF DAMAGES.
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PRODUCTS.
8
9
10
11
12
13
AGAIN, IN HIS
14
15
16
17
18
PART.
19
20
21
22
23
MORE SALES.
24
25
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THEMSELVES.
GOOGLE.
SUGGESTED.
MR. PRICE:
I OBJECT.
THE COURT:
OVERRULED.
MR. MCELHINNY:
ON --
10
11
YOUR INSTRUCTIONS.
12
13
14
15
16
NO
17
18
CARE OF THEMSELVES.
19
20
RELEVANT TO CREDIBILITY.
21
22
23
24
THIRD PARTIES, THEY DID NOT MENTION THAT GOOGLE HAD AGREED IN A
25
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8
9
10
THIS CASE.
MAKE NO MISTAKE ABOUT IT.
11
12
THAT THEY DO NOT INFRINGE OR IF YOU DECIDE THAT OUR PATENTS ARE
13
NOT VALID.
14
15
16
17
BUSINESS STRATEGY.
18
19
PRODUCTS, AND INCREASE ITS MARKET SHARE AND END UP PAYING ONLY
20
21
22
23
24
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7
8
9
10
DAMAGES.
11
12
REASONABLE ROYALTY.
13
14
A REASONABLE ROYALTY.
15
PROVED THEM.
16
17
STATED:
18
19
20
MARKET.
21
22
23
24
25
IN THAT TIME THAT IT WAS OFF THE MARKET, WOULD APPLE HAVE MADE
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2
3
ALTERNATIVES.
9
10
11
12
13
14
15
16
17
WE KNOW THERE WAS DEMAND FOR THE APPLE PRODUCTS THAT PRACTICED
18
THE SLIDE TO UNLOCK AND DATA DETECTOR PATENTS BECAUSE YOU HAVE
19
20
YOU ALSO SAW, I'M NOT GOING TO WASTE YOUR TIME WITH IT
21
22
23
24
25
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EXHIBIT 156, THE AMERICAN PHONE MARKET WAS A TWO HORSE RACE.
TO APPLE.
NON-INFRINGING ALTERNATIVES.
10
11
12
13
14
15
16
HE FOUND LOST
17
18
AVAILABLE.
19
PROFITS.
20
21
22
23
24
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2
3
THE FIRST QUESTION IS, HOW LONG WOULD THE SAMSUNG PHONES
BE OFF THE MARKET WHILE THEY WERE BEING REDESIGNED?
WE ARE ONLY SEEKING OFF THE MARKET LOST PROFITS FOR THREE
PATENTS, THE '647, THE '721, AND THE '172 AND, BASED ON THE
PERIOD.
7
8
9
10
11
FOR THE QUICK LINKS PATENT, WE KNOW THAT SAMSUNG HAS NEVER
BEEN ABLE TO DESIGN AROUND IT.
12
13
14
SAMSUNG HAS TOLD YOU THAT IT WOULD ONLY TAKE TWO HOURS,
15
16
17
18
19
20
21
22
23
SALES WOULD HAVE GONE TO APPLE IF THE SAMSUNG PHONES HAD BEEN
24
OFF THE MARKET -- I CAN'T SAY THE NUMBER OUT LOUD, BUT YOU CAN
25
SEE THE NUMBER OF UNITS ON THE SCREEN IN RED -- AND THAT APPLE
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WE KNOW THAT
10
FEATURES, SO WE GAVE THEM FULL CREDIT FOR THAT AND WE ARE NOT
11
12
13
WORLD, SAMSUNG HAS NEVER BEEN ABLE TO DESIGN AROUND QUICK LINKS
14
OR BACKGROUND SYNC.
15
16
17
18
19
20
21
22
23
SATISFACTORY ALTERNATIVE.
24
25
BUT
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THESE FEATURES.
10
A YEAR FOR THE LAST FOUR DECADES, DR. HAUSER CONFIRMED WHAT IS
11
12
13
14
15
16
17
18
19
THAT INCLUDED THE FEATURES AND PRICE PREFERENCES THAT THEY HAD
20
21
22
23
24
25
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LET'S BE CLEAR, THESE ARE THE PEOPLE WHO ACTUALLY DID THE
ARE THE PEOPLE DR. HAUSER SURVEYED -- DR. HAUSER WAS ABLE TO
9
10
11
12
13
14
15
16
17
WAGNER TOLD THIS COURT THAT A CONJOINT SURVEY WAS EXACTLY THE
18
19
HE'S HISTORY.
20
21
22
ARE VALUABLE, AND THEY KNOW THAT ANY WELL DESIGNED SURVEY WOULD
23
24
25
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PATENTS.
THEY COULDN'T.
8
9
10
11
12
13
FRANKLY,
HE IS THE BEST.
THEY
THE SAMSUNG DECISION MAKERS, THE PEOPLE WHO DID NOT SHOW
14
15
16
MARKETPLACE.
17
18
19
ABOUT.
20
21
22
23
24
25
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TESTIMONY.
7
8
9
10
11
RORY SEXTON,
AND SAMSUNG DID NOT DISPUTE THE PROFIT THAT APPLE MADE
FROM THE IPHONE SALES DURING THE DAMAGE PERIOD.
THE PROOF OF EACH OF THESE FOUR FACTORS IS STRONG AND IT
IS DOCUMENTED.
SAMSUNG, ON THE OTHER HAND, HAS STAKED OUT THE POSITION
12
13
EVEN THOUGH IT NEVER HAS IN THE REAL WORLD, THAT IT COULD HAVE
14
15
HAS IN THE REAL WORLD, AND THAT THE FEATURES MAKE NO DIFFERENCE
16
TO CONSUMERS.
17
IN MY OPENING.
18
19
20
21
NOT ONE.
ZERO.
22
23
INSTRUCTION SAYS SIMPLY THAT YOU CAN CHOOSE TO AWARD APPLE ITS
24
25
DEVICES.
THIS
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5
6
7
IT ACCOUNTS FOR
10
11
12
13
14
INFRINGING SALES.
15
16
17
REASONABLE ROYALTY.
18
SALE FOR WHICH YOU AWARD US LOST PROFITS, AND DR. VELLTURO WAS
19
20
21
22
23
24
25
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OF A SUBSTANTIAL ROYALTY.
MADE UNDER THE PATENTS, AND ITS COMMERCIAL SUCCESS AND CURRENT
POPULARITY.
IT
10
11
12
13
14
15
16
17
18
SUBSTANTIAL ROYALTY.
19
20
SAMSUNG'S
21
22
23
24
25
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TECHNOLOGY.
HE
10
11
12
13
14
THEY SAID
15
16
17
18
19
20
21
22
23
24
THAT VALUE.
25
OVER 37 MILLION
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INFRINGING SALES.
PEOPLE.
PHONES.
COMPREHENSION.
5
6
THE COURT:
10:30 NOW.
MR. MCELHINNY:
THE COURT:
9
10
11
12
13
OKAY.
THANK YOU.
14
15
16
THE COURT:
WELCOME BACK.
17
18
GO AHEAD, PLEASE.
19
20
21
22
23
MR. MCELHINNY:
WE TALKED
24
HERE YOU CAN RELY ON YOUR COMMON SENSE FOR WHAT DR. VELLTURO
25
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CRITICAL.
JUST LIKE YOUR PARENTS TOLD YOU WHEN YOU WERE CHILDREN,
WATCH WHAT THEY DO, NOT WHAT THEY SAY IN A COURTROOM WHEN THEY
9
10
OKAY.
11
12
13
14
SIGNIFICANT.
15
16
17
APPLE HAD ASKED SAMSUNG NOT TO COPY ITS PATENTS, AND THEN BY
18
AUGUST 2011, APPLE KNEW THAT SAMSUNG HAD SIMPLY BLOWN THAT
19
REQUEST OFF.
20
APPLE HAD SEEN THE NEW GALAXY PHONES AND IT KNEW THAT
21
22
23
24
25
WOULD APPLE
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2
3
REMEMBER WHEN MR. PENDLETON, THE ADVERTISING GUY FROM STA, WAS
SITTING UP THERE AND MR. LEE SURPRISED HIM BECAUSE HE'D BEEN
10
HE ALMOST
11
12
13
14
BY THE WAY, THAT SAME FEATURE WAS ONE THAT THE EYE
15
16
17
18
19
20
21
22
THIS POINT.
23
GOOGLE.
24
25
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SUPPOSE
8
9
THE SIMPLE TRUTH IS THAT WHEN YOU REACH THIS POINT IN THE
INSTRUCTIONS AND WHEN YOU CONSIDER THE FACTS THAT ARE SET OUT
10
IN YOUR INSTRUCTIONS AND ASK THE QUESTIONS THAT THE LAW ASKS
11
12
HYPOTHETICAL WORLD?
13
TAKEN?
14
15
THE ROYALTIES HE SET FOR EACH PATENT ARE NOT HIGHER THAN
16
17
18
19
20
21
22
23
SO HOW WILL YOU FILL OUT THE VERDICT FORM ON THIS ISSUE?
24
25
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2
3
OPINION.
EXHIBIT 222A.
8
9
10
TIME PERIODS.
11
HERE IS HERE ON SLIDE 97, BUT YOU WILL ALSO FIND IT AT 222A AT
12
PAGE 12.
13
14
AND 24, YOU WILL FIND THAT WE HAVE GIVEN YOU ALTERNATIVE CHARTS
15
WITH LOWER DAMAGES AMOUNTS THAT YOU CAN USE TO FILL OUT THIS
16
VERDICT FORM.
17
18
19
20
21
22
NEED TO MAKE YOUR DECISION IN A FORM THAT WOULD BE EASY FOR YOU
23
24
BRINGING THIS
25
YOU KNOW
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THAT THE ONLY WAY THEY COULD SUCCEED WAS, QUOTE, "TO MAKE
8
9
10
11
CANNOT DO THAT TO THE PEOPLE THAT YOU SAW AND THE OTHER PEOPLE
12
13
IDEAS.
14
15
APPLE
16
THE COURT:
OKAY.
17
MR. PRICE:
THE COURT:
OF COURSE.
18
TIME IS 10:54.
SET UP?
19
20
(PAUSE IN PROCEEDINGS.)
21
MR. QUINN:
22
THE COURT:
OKAY.
23
PLEASE.
24
///
25
///
GO AHEAD,
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2
MR. PRICE:
JURY.
TOPICS.
IN.
10
11
12
13
14
15
16
17
18
19
20
AND THEN YOU'RE GOING TO HEAR FROM MR. QUINN, WHO'S GOING
21
TO TALK TO YOU ABOUT THE DAMAGES IN THIS CASE AND WHAT APPLE IS
22
ASKING FOR.
23
24
KNOW HOW MANY TIMES MR. MCELHINNY SAID THAT BASICALLY SAMSUNG'S
25
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AND THEY'RE ASKING FOR A BIG NUMBER HERE, AND THE REASON
THAT YOU HEARD THE WORD "COPY" SO MUCH, I'M GOING TO SUBMIT TO
COPY.
COPY.
STEAL.
THE IPHONE BEING A HERO AND SAMSUNG TURNING TO THE DARK SIDE.
10
VERY SQUARELY, AND I PUT THIS SLIDE UP HERE TO TALK ABOUT THESE
11
12
PATENT, THAT DOESN'T MEAN THAT YOU CAN'T COLLECT DAMAGES FOR
13
IT.
14
15
16
17
YOU STILL GET DAMAGES IF YOU HAVE A PATENT THAT YOU DON'T
BUT YOU CAN'T COPY SOMETHING FROM THE IPHONE IF IT'S NOT
IN THE IPHONE.
AND THE UNDISPUTED EVIDENCE IS THAT APPLE, IN ITS IPHONE,
18
19
20
21
22
23
IT'S NOT PART OF THAT HEROIC IPHONE WHICH CAME OUT IN 2007.
24
25
YOU
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SOMETHING.
WORD SUGGESTION.
AND I THINK THE EVIDENCE SHOWS THAT, BY THE WAY THEY SLIDE
10
11
12
13
14
15
16
17
18
19
ONE PHONE THAT YOU BOUGHT TO ANOTHER WHICH LACKS THE SAME, YOU
20
21
MAKES NO SENSE.
22
IT SIMPLY
23
24
25
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2
3
WE SHOWED YOU.
8
9
10
11
12
13
AND THE TRUTH IS THAT SAMSUNG SOLD MORE THAN ANY OTHER
ANDROID PHONE MAKER BECAUSE IT MADE THE BEST HARDWARE FOR THAT
ANDROID PLATFORM WHICH GOOGLE INDEPENDENTLY CREATED.
AND APPLE IS TRYING TO DISTRACT YOU FROM THAT BY SAYING
COPYING AND BY, BY INTENTIONALLY MISINTERPRETING THE DOCUMENTS.
AND LET ME START WITH THE CRISIS OF DESIGN, AND THAT'S
14
EXHIBIT 149.
IT WAS A
15
16
17
18
19
ABOUT IT, YOU SEE THAT, YES, THEY ARE PRAISING THE IPHONE.
20
21
IT
AND THEY ARE ALSO SAYING THE OMNIA, A SAMSUNG PHONE WHICH
22
23
24
25
THE DOCUMENT.
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AND WHAT WAS BEING SAID HERE IS THAT, YOU KNOW, SAMSUNG IN
THE PAST HAD ALWAYS LISTENED TO CARRIERS, THE KIND THAT SAYS
OF BUSINESS.
8
9
AND YOU HEARD MR. SOHN COME HERE AND TELL YOU THAT, YOU
KNOW, BEFORE, BEFORE ACTUALLY THE IPHONE AND FOR A FEW YEARS
10
11
12
THE CONSUMER.
13
AND HE SAYS, "I HEAR THINGS LIKE LET'S MAKE SOMETHING LIKE
14
NOWHERE IN
15
AND THEY
16
17
WE NEED TO FIND
18
19
WILL SEE IN THAT TIMEFRAME THAT SHOW JUST THAT, AND THAT IS
20
21
22
23
24
25
PRIMARY BUYING FACTOR AND NOW IT'S SOFTWARE, AND YOU HEARD HIM
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HARDWARE.
YOU USED TO GO INTO A STORE AND YOU WOULD BUY A PHONE BECAUSE
7
8
OKAY.
REMEMBER
AND WHAT MR. MCELHINNY DIDN'T SHOW YOU WAS THE SECOND PART
10
HERE.
11
12
CUSTOMIZATION.
13
14
15
16
17
18
19
20
21
22
23
24
25
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DOCUMENTS THEMSELVES.
APPLE'S IOS.
IT'S IN THE
10
11
12
13
14
15
APPS, YOU KNOW, COULD MAKE FOR IT AND IT WOULD WORK WITH THAT
16
PLATFORM.
17
18
19
20
IT
AND, OF COURSE, GOOGLE MAKES ITS OWN, YOU KNOW, ITS OWN
APPLICATIONS.
AND THEY BEGAN DOING THAT, AGAIN, BACK IN 2006.
THEY HAD
21
22
23
24
25
OF THEIR FIVE PATENTS, AND YOU HEARD MR. LOCKHEIMER TELL YOU
THAT
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THAT THE SOURCE CODE, THE CODE FOR EVERY ONE OF THOSE FEATURES
WHATSOEVER.
INFRINGED.
8
9
10
NO.
11
12
AND YOU'RE GOING TO HEAR MORE ABOUT THEM WHEN MR. NELSON
13
TALKS.
14
15
INFRINGE.
16
WE'RE SAYING
THE JUDGE
17
18
19
POSSIBLE BIAS.
20
21
22
23
BUT WHEN THOSE WITNESSES TOOK THE STAND, APPLE KNEW ABOUT
24
25
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2
WERE BIASED, AND YOU COULD SEE THAT THEY WEREN'T BIASED.
WHO IN THIS TRIAL HAS TRIED TO HIDE FROM YOU THE RELEVANCE
APPLE.
IT'S
THIS CASE?
10
DIDN'T COPY.
11
THE ENGINEERS WHO CAME UP WITH THESE FEATURES CAME IN HERE AND
12
13
NOW, THERE'S ONE AREA, WHEN YOU USE THE GOOGLE OPERATING
14
SYSTEM, THERE ARE SOME DIFFERENCES YOU CAN MAKE, LITTLE CHANGES
15
16
ANOTHER COMPANY, LIKE HTC OR MOTOROLA, AND ONE OF THOSE WAS THE
17
18
19
INFRINGING.
20
21
22
ON, YOU KNOW, THE FACE OF THE PHONE, AND YOU HEARD FROM
23
YOUNGMI KIM, AND SHE TESTIFIED ABOUT WHETHER OR NOT SHE COPIED
24
APPLE'S SLIDE TO UNLOCK AND SHE SAID ABSOLUTELY NOT, AND SHE
25
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2
3
AND WHEN YOU SAW HER TESTIFY, YOU COULD EVALUATE HER
DEMEANOR.
AND IF YOU LOOK AT HER WORK -- AGAIN, LOOK AT WHAT YOU DO,
HER WORK -- BOY, THIS IS HARD TO SEE -- SHE CAME UP, FOR
NOW, YOU'VE SEEN SOME DOCUMENTS THAT ARE FROM THE SOFTWARE
10
AND WHAT SHE TOLD YOU WAS THESE ARE KIND OF LIKE BOOK
11
12
TO THEM.
13
14
15
16
THE GALAXY S II IS --
17
18
GOING TO HAVE TIME TO SHOW YOU THE PHONE ITSELF -- THAT'S ONE
19
20
21
22
WHERE YOU SEE THIS CIRCLE HERE AND YOU MOVE YOUR FINGER OUTSIDE
23
24
25
SHE CAME UP WITH THE RIPPLE, THE GALAXY S III, WHERE YOU
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INFRINGING.
TO THAT CHART, 47, KEN -- LOOK, THESE ARE COMING OUT BEFORE
AND MR. MCELHINNY CAME UP HERE AND TOLD YOU THAT SAMSUNG
MAKE SENSE.
AND THEIR OWN EXPERT, MR. COCKBURN, CAME UP HERE AND TOLD
10
11
12
13
IT DOESN'T
14
RIGHT.
15
16
17
18
YOU KNOW, ANY CHANGE THAT SAMSUNG MADE HAD THE EFFECT OF
19
THERE
20
IS NO COPYING.
21
YOU CAN GET ENRAGED AND THINK THAT THERE SHOULD BE, YOU KNOW,
22
23
24
25
CODE.
YOU ARE ASKED, WHERE WERE YOU IN 2007, YOU KNOW, WHEN
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9
10
11
12
13
TO BE ALL ABOUT.
14
15
16
17
18
19
IF
20
YOU GO THROUGH THIS, THEY'RE GOING TO SEE THAT GOOGLE WAS AHEAD
21
IN THE CLOUD, WHICH IS WHERE THE FUTURE WAS GOING, YOU KNOW,
22
WHERE YOU SYNC THROUGH THE CLOUD; THAT GOOGLE WAS AHEAD IN
23
CALENDAR.
24
25
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AT THIS TIME
STUFF.
10
SALES?
11
12
13
14
15
THE WAY THEY DID IT WAS THEY HAD A PARADIGM SHIFT, AND YOU
HEARD FROM MR. SOHN, WHO CAME IN.
AND BY THE WAY, THERE'S CRITICISM THAT WE DIDN'T BRING IN
16
EXECUTIVES.
17
18
19
20
21
SAMSUNG AMERICA, AND AS YOU SAW ON THE OTHER SLIDES, WAS KEY
22
23
24
25
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2
3
4
PRESENCE.
OUR BRAND.
10
DOLLARS.
11
12
AND THEN LET'S MAKE SURE THAT OUR PRODUCTS ARE FLAWLESS.
13
AND MR. PENDLETON CAME UP HERE AND TOLD YOU WHAT THE FOCUS
14
15
16
17
18
19
20
21
22
23
24
25
HE
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THIS.
THE ONLY ADVERTISING AGENCY THAT THEY HAD USED FOR, WHAT, EVER,
A FELLOW NAMED JAMES VINCENT WAS, AND THIS IS 408A-3, WAS WE'VE
10
11
12
AND THAT WAS EXACTLY WHAT MR. SOHN WAS TRYING TO DO,
13
14
15
16
17
THEM TO YOU, IF YOU LOOK AT EXHIBITS 409, 410, AND 498, THERE'S
18
19
20
SOMETHING FAST.
21
WE'VE GOT TO DO
22
23
24
25
OF.
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2
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4
OURS.
SO APPLE, IN THE REAL WORLD, RECOGNIZED WHY SAMSUNG PHONES
WERE SELLING, NOT BECAUSE OF APPLE'S ACCUSED PATENTS.
ANOTHER WAY YOU KNOW THEY RECOGNIZED WHY WE WERE SELLING
SAMSUNG PHONES, AND IF YOU LOOK AT 489 AND JUST LOOK THROUGH
YOU KNOW, TAKE THINGS APART AND LOOK AT THE WIRES AND GUESS
10
THESE PHONES SO THAT THEY COULD TAKE THEM APART, YOU KNOW, LIKE
11
A FROG.
12
13
14
15
16
17
18
19
20
21
OF MONEY FOR THINGS THAT APPLE ITSELF DOES NOT EVEN USE, YOU
22
23
24
25
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THE OFF SITE THAT TOOK PLACE SHORTLY AFTER THESE E-MAILS OF
8
9
10
11
APPLE.
12
AND IF WE LOOK AND SEE WHAT THEY RECOGNIZED WAS GOING ON,
13
FIRST THEY RECOGNIZE THAT THEIR IPHONE SALES WERE, THE GROWTH
14
WAS SLOWING.
15
16
17
18
KNOW THERE ARE A LOT OF YOU ON THE JURY WHO LOVE APPLE.
19
20
21
22
23
24
25
LET'S TAKE
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WHEN YOU BUY THEM FOR CHEAPER, THE CARRIER IS PAYING A SUBSIDY.
7
8
9
10
BECAUSE THOSE
11
BY THE WAY, YOU SEE THIS ISN'T SAMSUNG HERE, IT'S ANDROID,
12
13
14
AND IN SOME CASES THEIR ECOSYSTEMS, WHICH IS, YOU KNOW, AGAIN,
15
THOSE GREAT APPLICATIONS YOU HAVE AND THE GOOGLE APPS AND LIKE
16
17
18
19
20
TO WHY WE WERE SELLING PHONES, THEY COME IN HERE AND THEY SAY
21
22
APPLE.
23
24
25
THEIR INTERNAL
46.
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MR. PRICE:
APPLE DOES NOT HAVE, NOT FROM WHAT APPLE DOES HAVE AND SOMEONE
ELSE COPIED.
AND BY THE WAY, ANOTHER REAL WORLD, JUST ONE QUICK REAL
WORLD, THE GALAXY NOTE 2 AND GALAXY S III, APPLE ADMITS, YOU
SLIDE TO UNLOCK.
10
11
TWO PHONES SOLD MORE THAN ALL OTHER PHONES COMBINED THAT ARE
12
13
14
15
16
AND NOW I'LL LET MR. NELSON TALK TO YOU ABOUT THAT.
17
18
DEFENDANTS.)
19
MR. NELSON:
20
JURORS:
21
MR. NELSON:
GOOD MORNING.
SO YOU MIGHT HAVE GUESSED THAT I'D BE
22
23
24
25
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BROUGHT IN MR. MILLET AND MR. DENIAU AND ONE OTHER GENTLEMAN,
MR. GARCIA.
BACK THERE.
LOOK.
10
THOSE PATENTS.
11
12
13
THAT'S ALL.
14
15
OTHER THAN THE '721 PATENT, YOU HAVEN'T HEARD FROM ANY OF THEIR
16
FOLKS.
17
SO
18
WHAT APPLE DOESN'T WANT YOU TO DO, BUT LET ME TELL YOU WHAT YOU
19
20
21
22
THAT THE COURT DETERMINED THAT ONE OF THE PATENTS, THE '172
23
24
25
WE KNOW THAT.
THAT
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AND YOU KNOW WHAT ELSE THE COURT SAID IS ALL FIVE OF THE
TO DECIDE.
THINGS.
RIGHT?
IN FACT,
10
11
12
CHECKS IT.
13
14
PATENTS, RIGHT?
15
16
YOU'VE GOT
17
18
19
I'M GOING TO TALK TO YOU ABOUT THAT THE PATENT OFFICE NEVER SAW
20
21
AND THEN THE OTHER TWO PATENTS WHERE COUNSEL KIND OF BEAT
22
ME UP WHERE COUNSEL SAID THE PATENT OFFICE SAW THIS, THEY NEVER
23
24
25
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LOOK IN THERE.
CONSIDERATION.
NONE
IF THERE WAS
AND, IN FACT, IT'S NOT JUST HER HONOR THAT HAS SAID THAT.
THE CASE WHERE THERE WAS, LIKE, AN INTRODUCTION INTO THE PATENT
10
SYSTEM?
11
12
MAKES MISTAKE.
13
14
15
16
17
DO.
18
19
20
21
AND PRESENT OUR CASE, AND THAT'S EXACTLY WHAT WE'VE DONE, AND
22
WHEN YOU GO BACK INTO THAT ROOM WHEN I WALK YOU THROUGH THIS
23
24
PRESENTED TO YOU.
25
WE DON'T HAVE TO
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BIT CONFUSING.
3
4
5
6
YOU KNOW, YOU'VE HEARD A LOT OF TALK ABOUT THE IPHONE AND
PEOPLE LOOKING AT THE IPHONE.
NOW, MR. PRICE HAS ALREADY ADDRESSED THAT, THAT THESE
PATENTS AREN'T IN, I MEAN, THE IPHONE FOR THE MOST PART.
9
10
11
12
13
14
15
16
KIND OF CLOSE.
17
RIGHT?
18
AROUND AND WE LOOK AT THE PRIOR ART AND WE'RE COMPARING THE
19
PRIOR ART TO THE PATENT CLAIMS, WE DON'T PUT NEW WORDS IN.
20
RIGHT?
21
IMPORTANT.
22
23
IT BOTH WAYS.
24
25
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PICK UP THERE.
GIVE YOU WHY THESE DEVICES DON'T INFRINGE, AND I'M GOING TO
THINGS, BUT I WANT TO OUTLINE TWO FOR YOU HERE TODAY, AND I'M
GOING TO TALK ABOUT ONE PRIOR ART REFERENCE ABOUT WHY THAT'S
INVENTIVE.
WE PRESENTED ADDITIONAL
10
11
12
13
(LAUGHTER.)
14
MR. NELSON:
15
SERVER, OKAY?
16
17
DATA.
18
IT'S
19
LIKE APPLE WAS TRYING TO READ THAT LIMITATION OUT OF THE CLAIM.
20
21
22
23
YOU'LL RECALL.
24
25
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SERVER, AND YOU'VE GOT TO HAVE A CLIENT, AND THE TWO OF THEM
HAVE TO BE SEPARATE.
RIGHT?
RIGHT?
WE BROUGHT
10
11
SIDE OF THE CASE, SHE ACTUALLY WROTE THAT LINKIFY CODE, AND WE
12
13
NO, I DIDN'T.
14
15
THAT WAS.
16
APPLICATIONS.
17
NOW, WHO ELSE DID WE HEAR FROM ABOUT THIS SHARED LIBRARY
18
ISSUE?
19
20
RIGHT?
21
THAT'S THAT
22
I WANT YOU TO
23
GO BACK AND LOOK AT THAT AND I WANT YOU TO READ THAT VERY
24
CAREFULLY.
25
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8
9
10
11
THEY CALL IT A
12
13
14
15
16
17
RIGHT?
THAT WOULD
RIGHT?
IT DOESN'T TALK
18
19
20
APPLICATION ITSELF.
21
THE FACT THAT THE INVENTORS MAY LATER HAVE DECIDED, WELL,
22
23
24
IT CAN'T MAKE ITS WAY INTO THE PATENT BECAUSE THE PATENT WAS
25
RIGHT?
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RIGHT?
AN ANALYZER SERVER.
IT SAYS
8
9
APPLE DIDN'T BRING TO YOU ONE SINGLE INVENTOR FOR THE '647
PATENT.
NOBODY CAME IN HERE AND SAT IN THAT STAND AND TOLD YOU
10
WHAT THIS INVENTION WAS ABOUT AND HOW THEY CAME UP WITH IT,
11
12
CERTAINLY WE
13
14
15
16
APPLICATION.
17
IT IS THE APPLICATION.
RIGHT?
WE -- THIS IS YESTERDAY.
18
19
20
21
22
23
AND
24
25
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HE SAID.
APPLICATION.
4
5
6
7
8
9
10
11
RIGHT?
THAT'S WHAT
RIGHT?
WE HAVE ONE.
DOES IT
12
13
14
15
SEPARATE THINGS.
16
17
18
19
20
21
22
23
24
25
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STRUCTURE.
RIGHT?
10
11
12
13
14
RIGHT?
RIGHT?
15
16
17
EXAMPLE BECAUSE YOU MIGHT HAVE A CORPORATE E-MAIL AND YOU MIGHT
18
19
20
WELL, YOU KNOW, YOU HAVE THOSE THINGS AND IT'S GOING TO
21
22
23
24
25
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YESTERDAY.
CODE AND SAID THIS DOES THIS AND THIS CALLS THIS.
A SPECIFIED CONNECTION.
5
6
7
8
9
IT'S NOT
THERE.
SO IF YOU FIND EITHER OF THOSE REASONS, THEN YOU FIND IN
10
OUR FAVOR.
11
12
HE NEVER
RIGHT?
13
14
15
THIS SYSTEM.
16
17
THAT'S 11
AND APPLE, YOU KNOW, THEY SAY, WELL, WAIT A MINUTE, THIS
18
19
20
21
22
23
24
25
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SIDEKICK CODE AND IT HAD SET 1 AND ONE PATTERN AND IT HAD SET 2
IN ANOTHER PATTERN AND SET 3, AND HE SAID, OH, THOSE ARE ALL
ONE PATTERN.
RIGHT?
DEFINED, THE FIRST TIME HE CAME UP ON THE STAND, AND SAID EVERY
10
11
STRUCTURE.
12
13
14
RIGHT?
15
16
17
CONSTRUCTION.
RIGHT?
18
19
20
21
RIGHT?
22
23
24
25
RIGHT?
THERE'S NONE
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OF THAT.
NOW, THE LAST THING THAT APPLE TALKS ABOUT IS THIS POP-UP
MENU.
POP-UP MENU.
RIGHT?
RIGHT?
1985.
AND SIDEKICK
8
9
IT
APPLE'S
10
ACTION.
11
12
13
14
15
16
DO TWO.
17
18
19
RIGHT?
20
21
22
23
24
25
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LOCATE INFORMATION.
PATENT IS.
THAT I'M GOING TO WALK THROUGH HERE TODAY AND GIVE YOU THE MAP.
10
AND I'M ALSO GOING TO WALK YOU THROUGH THE WAIS PRIOR ART,
THE FREEWAIS SF PRIOR ART.
13
14
OKAY?
15
16
11
12
RIGHT?
NO
17
18
NOW, HERE I JUST WANT TO REMIND YOU A LITTLE BIT, THIS WAS
19
TRUE WITH THE LAST PATENT I TALKED ABOUT, THE '647, AND IT'S
20
21
COUNSEL ABOUT THE IPHONE, 2007, THIS WAS WHERE EVERYTHING CAME
22
FROM.
23
24
25
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DIDN'T HEAR ONE WORD FROM THEIR EXPERT ABOUT HOW APPLE DOES IT.
RIGHT?
CASE.
TELL US.
YOU
10
11
DEVICES.
12
RIGHT?
THAT'S
13
14
15
COUNSEL FOR APPLE REALLY CONFUSED THIS SEVERAL TIMES DURING HIS
16
17
18
19
20
21
YOU'LL
THIS
22
23
24
25
HE AGREES.
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WITH IT.
WHAT'S GOOGLE?
SO WHAT IS ACCUSED?
10
11
12
13
14
15
SEARCH SERVER.
16
17
18
19
RIGHT?
THAT'S THE
20
RESULTS.
21
22
23
REMEMBER?
24
SAYS.
25
RIGHT?
IT
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4
5
WELL, THIS
10
11
12
13
THESE
14
15
16
THAT GLOBAL
17
18
19
20
21
22
23
24
25
RIGHT?
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THE ACCUSED
SYSTEM, SO LET ME JUST REMIND YOU A LITTLE BIT ABOUT THIS WAIS
SYSTEM.
THIS WAIS SYSTEM WAS THE UNIVERSAL SEARCH SYSTEM THAT WAS
I'LL TALK ABOUT THAT IN A MINUTE -- BUT YOU'LL SEE HERE THIS IS
10
CODE WAS.
11
IN GEORGE, AND WHAT CAME BACK FROM THE LOCAL MACHINE IS, YOU
12
13
14
RIGHT?
YOU TYPE
OKAY?
15
THOSE WERE PAPERS ABOUT GEORGE WASHINGTON THAT ARE OUT ON THE
16
INTERNET.
17
18
19
20
21
22
23
24
25
RIGHT?
THAT'S WHY WE
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2
YES, THAT DOES SEARCH LOCALLY AND REMOTE AT THE SAME TIME.
5
6
7
8
9
RIGHT?
AND HE SAID,
HE SAID IT USES
10
FEW THINGS.
11
12
UNITED STATES.
13
REMEMBER THAT?
THEY
14
15
16
17
18
19
20
AT THAT.
21
22
23
INSTRUCTIONS.
24
25
AND
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INSTRUCTIONS.
DR. RINARD TALKED TO YOU ABOUT AND SAID THIS IS THE 1996
THAT?
8
9
10
11
12
DO YOU REMEMBER
13
14
15
16
17
18
BEFORE THIS
19
20
GLOSSARIES.
21
ABOUT SOME TERMS THAT MIGHT COME UP IN THE CASE AND WHAT THE
22
23
24
25
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RIGHT?
FOR A COMPUTER.
THEY SAY IS, WAIT A MINUTE, ALL OF THE THINGS THAT ARE IN HERE
THAT?
10
11
12
TO DO ANYTHING.
13
DOING THAT.
14
RIGHT?
15
16
17
18
19
20
21
22
23
24
25
"PLURALITY" IS JUST A
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3295
1
RIGHT?
NOW, REMEMBER, THAT WAS TOWARDS THE END BEFORE WE HAD THE
OUT OF, WE HAVE 15 MINUTES LEFT, YOUR HONOR, WE'RE JUST GOING
QUESTION.
10
11
12
13
14
15
16
17
18
PUT IT UP HERE.
AGAIN, THE '414 PATENT, THAT'S WHAT APPLE KEEPS CALLING
THE BACKGROUND SYNC PATENT.
AND I'M GOING TO TALK ABOUT TWO THINGS, AND I'M GOING TO
19
20
IT'S IMPORTANT.
21
22
23
24
25
WE
IT'S ABOUT A
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3296
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TRY TO GET AROUND THE PRIOR ART, YOU'RE GOING TO SEE HOW VERY
10
11
12
BACKGROUND SYNCING.
13
IT'S THE SAME THING WHEN THEY SHOWED YOU MR. LOCKHEIMER'S
14
TESTIMONY.
15
16
17
18
DOING IT.
19
RIGHT?
20
21
GOOD, BACK IN THE 2000S AND IT WAS AN E-MAIL COMPANY AND THAT
22
23
24
25
THIS CLAIM
IS VERY SPECIFIC.
AND LET'S WALK THROUGH THAT.
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3297
1
RIGHT?
A FEW TIMES.
REMEMBER THAT?
WITH CLAIM 25, THE WAY THIS IS, AND ALL THE PARTIES AGREE,
WHEN I HOLD IT UP, IT DOESN'T WORK VERY WELL, SORRY -- I'LL USE
10
11
12
13
14
RIGHT?
15
AND EACH
THE
16
17
WE DON'T DO IT.
18
BUT WINDOWS MOBILE M.E. DOES, AND LET ME SHOW YOU THAT
19
VIDEO THAT WE PLAYED JUST TO REMIND YOU OF WHAT'S GOING ON, AND
20
21
22
23
24
25
OUT TO BE.
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3298
1
2
3
4
TO SYNC.
AND NOW OVER HERE WHAT'S GOING ON ON THIS OTHER DEVICE,
AND SAYING, WELL, YEAH, LOOK, I'M LOOKING AT THIS, I'M LOOKING
AT THAT.
8
9
10
11
12
13
14
15
AND THIS IS
16
IMPORTANT.
17
18
WINDOWS MOBILE M.E. ARCHITECTURE, AND YOU SEE THESE THREE BOXES
19
20
21
22
SOFTWARE COMPONENTS.
23
HE ACTUALLY SAID IN
24
25
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3299
1
2
3
4
5
6
7
8
9
10
CODE.
AND, IN FACT, DR. CHASE EVEN TESTIFIED IN HIS TESTIMONY
THAT NONE OF THOSE PROVIDE A THREAD.
SO WE HEARD SOMETHING WE NEVER HEARD IN THE INFRINGEMENT
CASE, WELL, WAIT A MINUTE, THOSE DON'T PROVIDE A THREAD.
SO NOW THAT BECOMES THE ONLY DISTINCTION HE'S MAKING FOR
11
12
13
14
15
AND HE
16
17
18
19
WHAT IS APPLE'S
20
21
22
23
24
25
HE EXPLICITLY
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3300
1
12:02.
MR. NELSON:
THE COURT:
THANK YOU.
6
7
8
9
10
11
12
13
14
15
16
17
OKAY?
THANK YOU.
OKAY.
THANK YOU.
MR. NELSON:
18
19
20
21
22
23
24
25
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3301
1
2
AFTERNOON SESSION
(JURY OUT AT 1:09 P.M.)
3
4
THE COURT:
EXHIBITS?
MS. MAROULIS:
MS. KREVANS:
THE COURT:
THE COURT:
ALL RIGHT.
MR. NELSON:
12
THE COURT:
THANK YOU.
OKAY.
WELCOME BACK.
TIME IS 1:09.
PLEASE GO
AHEAD.
14
15
OKAY.
11
13
9
10
MR. NELSON:
OKAY.
WE WERE
16
TALKING ABOUT THE ONLY DISTINCTION THAT APPLE RAISED WITH THE
17
WINDOWS M.E. PRIOR ART, AND THAT WAS THIS IDEA OF PROVIDING A
18
THREAD.
19
20
21
22
23
24
DEPOSITION.
25
DISTINCTION.
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3302
1
SIR?
YES OR NO?"
SEE HERE -- I'LL PICK UP TOWARDS THE BOTTOM -- THAT "YOU SAY
"ANSWER:
10
11
MEAN BY 'CREATE.'
12
13
RAISES -- HE FIRST TELLS YOU THAT DR. CHASE DIDN'T SAY IT, AND
14
15
16
17
18
19
ART.
20
21
22
23
24
25
YOU RECALL THAT HE SHOWED YOU THIS AND SAID, LOOK, IT TOOK
TWO YEARS FOR GOOGLE TO DEVELOP THIS BACKGROUND SYNCING.
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3303
1
YOU HEARD TESTIMONY ABOUT THIS, THIS 2008 ANDROID 1.0 RELEASE,
WORKING.
BACKGROUND SYNCING.
9
10
11
RIGHT?
THE OTHER THING THAT WAS LEFT OFF WAS HERE'S WHERE THE
'414 PATENT COMES IN, 2010.
SO YOU'LL
12
13
YOU'LL RECALL THIS IS -- THESE ARE THE SYNC ADAPTERS THAT WE'RE
14
15
LITTLE MISDIRECTION.
16
17
18
19
20
STRUCTURED DATA.
21
RIGHT?
RIGHT?
22
23
24
25
RIGHT?
RIGHT?
AND
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3304
1
HE MADE THIS DRAWING AND HE SHOWED YOU, AND IT'S THIS LITTLE
WE HIGHLIGHTED IT.
IT CAN'T.
IT DOESN'T HAVE
10
11
12
13
FASTER.
RIGHT?
14
15
WE WANT TO BE FASTER.
16
IT
17
18
CLAIM REQUIRES.
19
WELL, YOU'LL
20
RECALL THIS.
21
22
23
24
25
REMEMBER THAT?
OCCUR.
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3305
1
CONFIGURED TO SYNCHRONIZE.
REQUIRED.
10
11
HAVE THIS.
12
13
AND YOU'LL
THIS IS
YOU'LL SEE THAT AT ONE TIME, APPLE DID HAVE A CLAIM THAT
14
15
16
17
18
19
20
21
IT SAID THAT.
THAT CLAIM.
AND SO THEY TOOK IT OUT, AND NOW IT SAYS "CONFIGURED TO
SYNCHRONIZE."
SO IN ORDER TO TRY TO GET AROUND THE PRIOR ART IN THE
22
23
RIGHT?
24
25
RIGHT?
TAKE IT OUT.
THAT'S
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3306
1
2
RIGHT?
8
9
10
11
PATENT, THIS IS THE ONE THAT THE COURT ALREADY FOUND INFRINGES.
YOU DON'T HAVE TO DEAL WITH THAT.
ONE THING THAT MIGHT NOT BE CLEAR FROM THIS WITH THE '172
12
PATENT IS FOR THE PHONES THAT ARE IN THIS CASE THAT HAVE BEEN
13
14
15
ACCUSING THEM.
16
17
18
19
20
21
22
23
24
AND THE ONLY THING THAT WAS MISSING WAS THE IDEA, IF YOU
25
LOOK BEHIND FROM THIS FIGURE, WAS THAT WHEN YOU'RE TYPING, YOU
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3307
1
RIGHT?
OKAY?
HE EXPLAINED THAT.
10
11
12
WELL, THE FIRST THING IS, WELL, THE PATENT OFFICE ALREADY
13
IT'S TWO-FOLD.
LOOKED AT THIS.
14
ALL THEY
15
16
17
18
19
20
21
22
23
24
THAT.
25
THIS IS MISSPELLING.
IT DOESN'T SAY
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3308
1
APPLE
AND
10
11
12
EVERY
RIGHT?
13
14
15
DON'T APPEAR IN THE FIRST AREA, THIS NEXT THING WON'T HAPPEN.
16
17
18
19
PATENT.
20
21
YOU KNOW, WHAT YOU'RE TYPING AT THE CURSOR, THAT SHOULD BE FOR
22
A PATENT.
23
IS THAT SO DIFFICULT?
24
25
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3309
1
TELL THEM THE SAME THING, WELL, WAIT A MINUTE, THIS IS MISSING
5
6
7
8
THERE WASN'T
RIGHT?
10
WE TALKED ABOUT THIS AND WHY THAT GALAXY NEXUS DOESN'T INFRINGE
11
THIS CLAIM.
12
13
14
15
16
17
18
21
22
23
RIGHT?
19
20
MR. NELSON:
IT GOES
AWAY.
AND APPLE'S RESPONSE TO THAT IS, WELL, I HAVE SOMETHING IN
24
25
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3310
1
SPECIFICATION.
YOU COMPARE IT TO THE CLAIM, AND THE CLAIM SAYS THAT YOU NEED
10
PATENT.
11
12
THE
SO HERE WAS THE ONLY INVENTOR THAT WAS BROUGHT TO YOU, THE
ONLY INVENTOR THAT APPLE HAD, AND THAT WAS MR. CHRISTIE.
13
HE SAID
14
WHY IT WAS THAT THEY DEVELOPED THEIR UNLOCK SCREEN, "WE WANTED
15
16
ACCIDENTALLY."
17
RIGHT?
OKAY.
18
19
THERE IN THE REFERENCE -- AND YOU'LL HAVE THIS DX 342 THAT YOU
20
21
22
REASON.
23
24
IT?
YOU PRESS THE POWER BUTTON, JUST LIKE YOU WOULD ON ANY OF
25
THESE PHONES IN ORDER TO GET THE SCREEN TO COME ON, AND THEN
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NELSON CLOSING
3311
1
RIGHT.
3
4
SWEEP
THAT'S ALL.
WELL, WE SHOWED YOU PRIOR ART THAT HAS THAT UNLOCK IMAGE.
RIGHT?
THERE'S
AND NOW LET'S GO TO THE THING THAT APPLE SHOWED YOU -- AND
10
11
12
13
THIS FIRST PART FROM THE PLAISANT PAPER WHERE IT SAYS, OH, WE
14
15
16
SO HE SAYS THAT
BUT RIGHT BELOW, WHAT THEY DIDN'T SHOW YOU, WHAT DOES IT
17
SAY?
18
19
20
21
INADVERTENTLY."
22
ANOTHER ADVANTAGE OF
23
24
UNLOCK.
25
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NELSON CLOSING
3312
1
SO
OFFICE, WE CAN ONLY ASSUME THEY POINTED THEM TO THE SAME THING.
WE'RE HERE
I KNOW
10
YOUR JOB IS
11
12
HEARD.
13
14
15
16
17
18
WE SHOWED THAT.
19
20
INVENTOR.
21
HERE.
22
THEY WEREN'T
THAT'S
23
24
25
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JOHNSON CLOSING
3313
1
DEFENDANTS.)
9
10
11
12
MR. JOHNSON:
13
14
15
16
17
18
ADDRESS THE EVIDENCE SHORTLY, BUT LET ME SLOW DOWN HERE BECAUSE
19
I WANT YOU TO REMEMBER THE CASE FOR WHAT APPLE DID NOT DO.
20
21
PATENTS.
22
THE APPLE SOURCE CODE THAT WE SHOWED YOU THAT SHOWS THAT APPLE
23
24
25
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JOHNSON CLOSING
3314
1
3
4
5
8
9
10
DO HIS PART OF THE CLOSING, THAT THEY DON'T INFRINGE EITHER ONE
11
OF THESE PATENTS AND THAT THE TECHNOLOGY IS OLD AND NOT USED.
12
13
14
15
1993 FIRSTLOOK PRODUCT, THE OLD PRODUCT BROCHURES AND THE PRICE
16
17
18
19
20
STRAIGHTFORWARD.
21
22
23
WAS THE LEAD INVENTOR ON THE PATENT, AND HE CAME AND TOLD YOU
24
25
HIS FAMILY, AND IT WAS VERY SUCCESSFUL AND IT WAS USED BY THE
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JOHNSON CLOSING
3315
1
8
9
10
11
12
13
DOCUMENTS.
14
15
16
17
YOU USE AN IPHONE, YOU CAN RECORD AND CAPTURE VIDEO AND IT
18
STORES IT.
19
DR. SCHONFELD SHOWED YOU -- AND THIS IS ONLY FOR THE JURY
20
AT THIS POINT -- HE SHOWED YOU THE APPLE SOURCE CODE THAT SAYS
21
22
YOU'LL HAVE IN THE JURY ROOM, AND THESE ARE FUNCTIONS THAT ARE
23
APPLE'S FUNCTIONS THAT ALL DESCRIBE THE FACT THAT THE IPHONES
24
CAPTURE VIDEO.
25
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JOHNSON CLOSING
3316
1
THE STAND AND I ASKED HIM, DID YOU LOOK AT SOURCE CODE AND RELY
HE DID NOT.
TESTIMONY.
SOURCE CODE FOR THE NEXT PART OF THE LIMITATION THAT TALKS
8
9
10
11
12
13
14
15
16
17
18
19
20
21
AND HE ALSO SHOWED YOU THE PARTS OF THE SOURCE CODE THAT
ALSO ESTABLISH IT HAS PORTS.
SO THEN APPLE'S EXPERT WENT SO FAR AS TO SAY, WELL,
FACETIME DOESN'T TRANSMIT VIDEO.
WELL, WE KNOW FROM COMMON SENSE THAT FACETIME, THE WHOLE
22
23
24
25
FACETIME WORKS.
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JOHNSON CLOSING
3317
1
IT TRANSMITS VIDEO.
10
OF COURSE
11
12
INFRINGEMENT.
13
14
15
A DEFENSE.
16
17
18
DEFENSE.
19
20
21
THAT HAD THE APPLE LOGO ON IT, AND WE ALSO SAW -- IF WE PUT UP
22
DX 466, AND AGAIN YOU'LL HAVE THIS IN THE JURY ROOM -- APPLE
23
24
CHIP.
25
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JOHNSON CLOSING
3318
1
ELSE EXCEPT YOU AND THE COURT AT THIS POINT -- AND THEY COMBINE
6
7
8
9
LET'S TURN TO THE '449 PATENT, THE PHOTO AND VIDEO ALBUM
ORGANIZATION PATENT.
SO CLAIM 27 STARTS WITH A DIGITAL CAMERA.
YOU MR. PARULSKI TO TESTIFY.
10
11
ARCHITECT.
12
CAMERA.
13
14
SAMSUNG BROUGHT
APPLE BROUGHT YOU DR. STORER AGAIN, THE SAME EXPERT THAT
15
16
17
18
19
20
THE ONLY REAL DIGITAL CAMERA EXPERT THAT YOU HEARD IN THIS
CASE WAS SAMSUNG'S MR. PARULSKI.
AND MR. PARULSKI WALKED THROUGH, AGAIN, THE EVIDENCE,
21
22
23
255 AND 351 TO LOOK AT IN THE JURY ROOM, AND HE WALKED THROUGH
24
EACH LIMITATION THAT WE SEE HERE, AND ALSO ON THE NEXT SLIDE,
25
PLEASE, KEN.
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JOHNSON CLOSING
3319
1
FOR PHOTOGRAPHS AND VIDEOS, AND HE SHOWED YOU THAT WHEN YOU
HAVE A PHONE, THE APPLE CAMERA ROLL, AND YOU LOOK AT THE CAMERA
10
11
12
13
14
15
16
17
18
19
20
AND YOU HEARD FROM DR. RAO, A SURVEY EXPERT WHO HAS
EXTENSIVE EXPERIENCE DESIGNING AND CONDUCTING SURVEYS.
NOW, DR. KEARL DID A SIMPLE, STRAIGHTFORWARD ANALYSIS, AND
21
22
23
24
25
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JOHNSON CLOSING
3320
1
2
10
11
12
13
14
15
16
17
LOWER.
18
OF TWO REASONS.
19
20
21
22
23
24
25
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JOHNSON CLOSING
3321
1
THE FACT THAT -- REMEMBER, THE INVENTOR CAME AND TESTIFIED THAT
SAMSUNG PAID
AND HE ALSO USED THE FACT THAT HITACHI AND SAMSUNG HAD
ABOUT 106 PATENTS AND PATENT APPLICATIONS FOR $35 MILLION, AND
10
11
THEY PURCHASED
12
TRY AND MAKE AN ISSUE OUT OF THE FACT THAT SAMSUNG PURCHASED
13
14
PATENTS.
15
16
17
IT ISN'T.
AND THE SAME IS TRUE WITH THE '239 PATENT BEING EXPIRED.
18
THE FACT THAT IT'S NOW EXPIRED DOESN'T RELIEVE APPLE OF THE
19
FACT THAT IT'S STILL LIABLE FOR INFRINGEMENT WHILE THAT PATENT
20
WAS ACTIVE.
21
22
23
CHECK, AND THEY CONFIRM WHAT YOUR COMMON SENSE ALREADY TELLS
24
YOU, THE $6 MILLION NUMBER FOR THE '239 PATENT AND THE $158,000
25
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QUINN CLOSING
3322
1
THANK YOU.
4
5
MR. QUINN:
THANK YOU.
PAINFULLY QUICK.
10
11
12
13
14
FOR THE LIGHT IT SHEDS ON ALL OF ITS CASE AND THE CREDIBILITY
15
OF ITS CASE.
16
17
SEEK, THE DIMINISHED DEMAND LOST PROFITS, THE OFF THE MARKET
18
19
20
21
22
23
24
25
PERCENT.
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QUINN CLOSING
3323
1
HAUSER.
5
6
THAT IS
THEY DON'T
THE ONLY QUANTITATIVE BASIS THAT DR. VELLTURO HAD FOR HIS
DIMINISHED DEMAND NUMBERS WAS HAUSER.
HE'S ALSO THE BASIS FOR THE WILLINGNESS TO PAY AND THE,
10
11
12
13
14
15
16
17
I ONLY HAVE
18
19
DIFFERENCE BETWEEN THE PATENT AND THE ALTERNATIVE, AND YOU SAW
20
THAT.
21
22
23
24
25
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QUINN CLOSING
3324
1
OUR FEATURE, YOU KNOW, YOU'VE GOT TO GO DOWN TO THE SECOND AREA
SLIDE 47.
2011.
THAT.
IN OPENING STATEMENT.
9
10
WE HAD
I SHOWED IT TO YOU
SLIDE 48.
THEY SAY,
11
WELL, THEY FOUND THIS DOCUMENT WHERE SOME UNNAMED PERSON SAYS
12
13
14
ALTERNATIVE.
15
16
SLIDE 49.
17
18
IT'S PX 168,
19
20
21
22
NOBODY
23
MONTHS LATER, BUT THE POINT IS THIS WAS A CONTRIVED -- THIS WAS
24
25
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QUINN CLOSING
3325
1
TOLD.
HAVE TO WAIT.
YOU
JUST SAY, IF YOU DON'T HAVE THIS, YOU'RE GOING TO HAVE TO WAIT
10
NO.
THEY
11
SAY, YOU KNOW, IF YOU DON'T DO WHAT WE DO, WHICH THEY DON'T
12
13
14
15
16
17
18
19
WANTED TO COMPARE CUP HOLDERS AND SEE WHAT CUP HOLDERS PEOPLE
20
21
IF YOU
22
BUT YOU CAN'T ASK PEOPLE ABOUT CUP HOLDERS AND MAKE
23
24
25
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HOLDER YOU LIKE, WHAT GLOVE BOX LATCH YOU PREFER, WHICH AIR
DOORS OR FOUR DOORS, AND TELL ME THE COLOR OF THE CAR YOU WANT
6
7
8
9
10
WITH THIS.
SLIDE 42.
11
12
13
"ANSWER:
YES."
14
15
16
17
18
EDUCATED PEOPLE.
19
THESE SAMSUNG PHONE OWNERS, WHY DID YOU BUY YOUR PHONES AND
20
FINDING OUT WHAT THEY KNEW ABOUT THESE FEATURES, DO YOU KNOW
21
22
KNOW YOU HAVE THIS PHONETOP SEARCH WITH TWO HEURISTICS, INSTEAD
23
24
THE SURVEY.
25
IT
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IS IT HAS NO INTEGRITY.
UNDERSTAND IT.
6
7
8
9
10
11
YOU'RE NOT
YES.
END OF IT.
12
13
WE'RE RELYING ON
14
15
SENSE, AND IT WAS CLEAR THAT THESE PEOPLE DID NOT UNDERSTAND
16
THESE QUESTIONS.
17
18
SLIDE 50.
HE FOUND
19
20
21
22
23
24
25
CORRECTION.
REMEMBER THE VIDEOS.
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2
10
YOURSELVES.
11
12
13
14
15
EMPTY BOX.
16
17
18
AN
AN EMPTY SQUARE.
19
20
DID THIS FOR MONEY, APPLE PAID HIM, AND HE CAME IN AND
21
22
FOLKS.
23
LOOK
24
AT HIS CONCLUSIONS.
25
PEOPLE WOULD PAY, JUST FOR EXAMPLE, $102 MORE TO HAVE THEIR
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OKAY?
IT'S ABSURD.
REMEMBER WHEN MR. PRICE ASKED HIM, YOU KNOW, ISN'T THIS
5
6
KIND OF ABSURD TO THINK THAT PEOPLE WOULD SPEND THAT MUCH MORE?
AND THEN DR. HAUSER WENT KIND OF THE USED CAR SALESMAN'S
9
10
11
12
13
DATA, ACTUALLY PREFERRED HIGHER PRICES FOR PHONES WITH THE SAME
14
FEATURES.
15
16
17
MARKETPLACE.
18
19
20
21
IT IS CENTRAL
22
23
DEMAND.
24
25
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THIS
SURVEY IS WORTHLESS.
HE TAKES
DECLINE IN SALES.
SAMSUNG'S SALES NUMBERS, YOU KNOW, FIGURES OUT HOW MANY UNITS
9
10
SLIDE 1.
DR. VELLTURO
ACKNOWLEDGED THAT.
11
12
13
14
15
16
17
THEM?
18
BUYER SURVEYS.
20
22
23
WHAT MATTERS TO
19
21
24
25
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SENSE AT ALL.
IT'S -- FOR LOST PROFITS, UNDER THE LAW, YOU MUST FIND
THAT BUT FOR, BUT FOR THE INFRINGEMENT, APPLE WOULD HAVE MADE
TECHNOLOGY.
10
11
GALAXY S III.
12
13
14
FRANKLY, NONSENSICAL.
15
16
17
18
19
CAN SEARCH ON THE INTERNET AND ON THE PHONE, I WANT THE TWO
20
HEURISTICS.
21
22
ONLY A TECHNO
23
GEEK WOULD BE GOING AND LOOKING FOR, YOU KNOW, THESE KINDS OF
24
DETAILED IMPLEMENTATIONS.
25
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THINGS.
PHONE USES.
HAVE OUR FORM OF SLIDE TO UNLOCK, IT'S BETTER THAN ALL THE
IS, YOU KNOW, IT'S, IT'S MORE PROBABLE THAT IT MIGHT HAPPEN.
10
11
TRIAL, YOU WERE HERE FOUR WEEKS, CUSTOMER COMPLAINT ABOUT ANY
12
13
PRONE TO UNLOCK.
14
15
16
17
18
WHY?
19
KNOW THAT.
20
PROFITS BECAUSE SAMSUNG HAS THESE FEATURES, YOU TAKE AWAY THE
21
22
23
24
25
YOU NOW
WE LOST
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PATENT.
3
4
5
THE NEW UNLOCK SCREEN WHICH, BY THE WAY, LOOKS A LOT LIKE THE
10
11
I'LL LEAVE IT
TO UNLOCK.
NO LOST PROFITS, NO LOST SALES, NO EVIDENCE THAT ANYONE
12
13
FEATURES.
14
15
THE THEORY HERE IS, YOU KNOW, BASED ON HOW LONG SAMSUNG --
16
17
18
19
20
THEIR THEORY, THEIR THEORY IS, WHILE WE'RE OFF THE MARKET
21
22
23
24
25
SLIDE 5.
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CALCULATIONS FOR ONLY ONE OFF THE MARKET PERIOD, FOUR MONTHS.
BUT HE CAME IN AND SAID, I'M GOING TO GIVE YOU THE NUMBERS
10
ABOUT WHAT OUR LOST PROFITS WOULD BE IF SAMSUNG WERE OFF THE
11
MARKET FOR FOUR MONTHS, NOT ONE MONTH, NOT TWO MONTHS, NOT
12
THREE MONTHS.
13
14
15
16
AT ONE MONTH.
17
18
19
IT, BUT HE DIDN'T COME HERE THIS TIME AND PRESENT YOU WITH THAT
20
NUMBER.
21
22
WHOLE CASE, LADIES AND GENTLEMEN, GOING FOR THE GRAND SLAM HOME
23
RUN.
24
25
MORE MONEY.
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THE MARKET AND FOUR MONTHS OFF THE MARKET WAS HUNDREDS OF
MILLIONS OF DOLLARS.
HAD NOT DONE THE ONE MONTH CALCULATION, BUT ACKNOWLEDGED THAT
8
9
FOR ONLY ONE MONTH, IT'S ONLY $17.5 MILLION, ISN'T IT, SIR?"
10
11
12
13
"NO.
14
15
16
THIS
17
18
19
20
SHOW WHAT ONE MONTH OFF THE MARKET DAMAGES WOULD BE.
21
22
23
24
25
HE WAS HERE.
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2
HE SAID THAT, YOU KNOW, THE CIRCLE UNLOCK, WE ALREADY HAD IT,
THEY COULD DO
HERE'S THE
10
11
12
SLIDE 12, HOW ABOUT THE CIRCLE UNLOCK, HOW LONG DID IT
13
14
MONTH TO DO THAT.
15
16
17
18
19
20
21
22
23
SHE
IT WOULD
GIVE ME A BREAK.
NO EVIDENCE WAS
PRESENTED TO YOU.
SLIDE 14.
24
25
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THAT.
PATENT.
4
5
YOU REMEMBER
SHE SAID MAKING THE CHANGE, SHE'S TALKING ABOUT THE CHANGE
IN THE MENU, IT COULD HAVE BEEN DONE IN A DAY.
APPLE'S
FALLBACK POSITION IS, WELL, YOU MIGHT HAVE BEEN ABLE TO DO IT,
BUT THE CARRIERS WOULD OBJECT TO IT, OR THEY WOULD PUT YOU
10
11
12
13
14
CAPPING THEM.
15
16
17
THEY'RE
18
19
20
DAYS.
21
22
23
24
MANUFACTURING CAPACITY.
25
THEY
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COULD HAVE CRANKED UP THE LINE AND BEEN ABLE TO MAKE MILLIONS
NEGOTIATION.
HE COMES -- BASED ON
10
11
12
13
IMPASSE.
14
15
16
17
YOU ASKED.
18
THERE'S
19
SAMSUNG, IT'S THAT THEY'RE NOT JUST SIMPLY GOING TO CAVE AND
20
CAPITULATE.
21
22
23
24
25
WHY?
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IT TOMORROW.
THEY'D DO
SHE
10
11
12
13
FILE WITH THE SEC, WHAT APPLE TELLS THE FEDERAL GOVERNMENT.
14
15
16
17
18
19
20
21
22
23
24
DATA.
25
APPLE DID NOT COME IN HERE -- AND SHE ALSO SAID SHE
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2
3
4
10
THE BOTTOM.
11
WHEW.
12
(LAUGHTER.)
13
MR. QUINN:
WHERE WAS
14
DR. VELLTURO?
15
16
DAYS.
17
18
19
20
21
22
23
24
25
UNANSWERED.
AND I'M ABOUT TO GET THE HOOK HERE, SO I'M JUST GOING TO
JUMP FORWARD.
THAT NUMBER, YOU KNOW, $2 BILLION, YOU KNOW, IT'S THE
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IS 2,000 FEET HIGH, YOU'D SAY, NO, NO, IT'S NOT 2,000 FEET
HIGH.
1500 FEET.
8
9
10
11
12
13
14
15
OTHER PEOPLE, YOU DON'T GIVE THEM THAT NUMBER, YOU SAY,
HOW BIG IS A REDWOOD TREE?
FEET.
IT'S THE POWER OF SUGGESTION.
NUMBER OUT THERE.
16
17
18
ONE NUMBER.
19
20
21
22
23
UNSUPPORTED.
24
25
IT'S COMPLETELY
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2
BIG NUMBER IS NOT TO CREDIT IT, NOT TO ADJUST IT, NOT TO GIVE
CREDENCE.
REALLY ABOUT.
10
IT'S ABOUT
FOR THOSE PEOPLE WHO BELIEVE THAT APPLE HAS BEEN A GREAT
11
AMERICAN COMPANY AND ADMIRE APPLE FOR THE WONDERFUL THINGS THAT
12
13
14
15
THE ANSWER IS TO GO BACK AND COME OUT WITH SOME MORE GREAT
16
17
PHONES, YOU KNOW, THE LARGE SCREEN PHONES THAT WE'VE BEEN
18
19
20
21
THAT'S WHERE
22
23
MAKER.
24
25
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WORTH A CHANCE.
SAMSUNG.
4
5
6
7
8
9
10
DON'T FALL
FOR IT.
WE KNOW YOU WON'T FALL FOR IT.
11
12
CAN GET JUSTICE, YES, THAT SAMSUNG CAN GET JUSTICE HERE IN
13
APPLE'S BACKGROUND.
14
15
16
17
THE COURT:
18
MR. LEE:
19
THE COURT:
20
MR. LEE:
21
22
23
THE COURT:
24
25
MR. LEE:
IT'S UP TO
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THE COURT:
2
3
OKAY.
THANK
THE COURT:
COURTROOM.
ALL RIGHT.
THE COURT:
10
OKAY.
WELCOME BACK.
THANK YOU.
11
MR. LEE:
12
THE COURT:
2:17.
GO AHEAD, PLEASE.
13
14
OKAY.
YOU.
THE PLAINTIFF.)
MR. LEE:
15
I'M
16
THE LAST PERSON THAT YOU HAVE TO LISTEN TO, THE LAST ARGUMENT
17
YOU'RE GOING TO HEAR, AND I'M GOING TO ASK YOU ONE THING AT THE
18
19
20
21
22
23
24
SAY.
25
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LAW.
ATTACK.
IF THE LAW AND THE FACTS ARE BAD FOR YOU, ATTACK.
ATTACK.
ATTACKED APPLE.
9
10
MR. PRICE:
SCOPE.
IT HAS
IT HAS
AND IT
11
THE COURT:
12
MR. LEE:
OVERRULED.
13
DISHONEST, MISLEADING.
14
MISLEADING.
DISHONEST.
15
16
17
18
SAMSUNG'S CLAIMS, THE FACTS AND THE LAW ARE WITH APPLE.
NOW, YOU'VE BEEN WITH MR. KREVANS, MR. MCELHINNY, OUR
19
20
21
22
23
24
THE DEFENDANT, AND COMPARE THAT TO WHAT SAMSUNG SAYS WHEN IT'S
25
THE PLAINTIFF.
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FOR ONE THING, AND I'LL SHOW YOU THAT THEY'RE INCONSISTENT
4
5
CLAIM.
10
11
IN IT.
12
IT'S
WE BELIEVE
WE STAND BY IT.
13
AUGUST 2010, AND I'M GOING TO TAKE YOU BACK THERE NOW BECAUSE
14
15
16
17
THAT MEETING.
18
PATENTS.
19
PATENTS.
20
MR. PRICE:
21
MR. LEE:
22
23
OBJECTION.
OVERRULED.
24
GO AHEAD, PLEASE.
25
MR. LEE:
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IN TIME.
INFRINGING.
SOME PATENTS AND THEN SELECTED TWO OLD PATENTS TO SUE APPLE ON.
10
11
PATENTS FOR A REASON, AND I THINK THE EVIDENCE WILL MAKE CLEAR
12
13
NOW, MR. QUINN TOLD YOU IN HIS OPENING THAT SAMSUNG HAS
14
15
GIVEN YEAR.
16
AS WE TOLD YOU IN OUR OPENING, YOU WILL NOT SEE, AND YOU
17
18
19
YOU HAVE NOT SEEN A SINGLE SAMSUNG PATENT THAT RESULTS FROM THE
20
WORK OF SAMSUNG.
21
AS WE SAID
22
IN OUR OPENING, THE REASON IS APPLE HAS BEEN THE INNOVATOR, AND
23
24
25
THIS IS DX 431,
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PAGE 5.
FOLLOWER.
YOU SEE THE TWO PATENTS THAT I'M GOING TO TALK TO YOU ABOUT
THIS AFTERNOON.
"QUESTION:
9
10
11
"THAT IS CORRECT.
12
"QUESTION:
13
CORRECT?
14
"ANSWER:
15
"QUESTION:
16
YES.
IT HAS BEEN SPECIFICALLY CALLED A FAST
17
"CORRECT."
18
19
PATENT ASSERTED AGAINST US, AND MR. PENDLETON GAVE YOU THAT
20
ANSWER AS WELL.
21
22
23
24
AND TELL YOU THAT IT WAS INFRINGED, BUT THAT IT WOULD LICENSE
25
IT COULDN'T
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2
SAY THAT.
BEFORE YOU TO CLAIM THAT THE PATENTS WERE NOT WORTH MUCH.
LITTLE BIT MORE DETAIL, THAT THE IPHONE AND THE IPOD TOUCH USE
DIFFERENT TECHNOLOGIES.
10
MR. GARCIA AND MR. MILLET CAME AND APPEARED BEFORE YOU.
11
12
13
14
15
COPIED, THAT THE TECHNOLOGY WAS COPIED, THAT THE PRODUCTS WERE
16
COPIED.
17
18
19
20
21
22
MR. PRICE:
THIS IS NOT
OFFENSIVE CASE.
23
THE COURT:
24
MR. LEE:
25
OVERRULED.
SAMSUNG'S TOTAL
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DAMAGES, AS MR. JOHNSON TOLD YOU, FOR THESE TWO PATENTS IS JUST
OVER $6 MILLION.
6,158,000.
EXPERT?
10
CONVINCE FOLKS, FOLKS LIKE YOU, THAT THE PATENTS AREN'T WORTH
11
MUCH.
12
13
DR. SCHONFELD, DR. RAO, MR. PARULSKI, AND DR. KEARL, WHO IN
14
15
16
17
18
AS DR. KEARL
19
20
21
22
23
24
NUMBER?
25
REASON.
ONLY ONE
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2
ISOLATION.
OCCURRING.
AND ONE OF THE EXHIBITS THAT CAME IN FROM MR. SOHN IS PX 215,
10
11
12
13
14
15
MR. PRICE:
16
MR. LEE:
YOUR HONOR --
17
MR. PRICE:
18
THE COURT:
OKAY.
EXCUSE ME.
19
THIS WAS AT
20
21
I WOULD
22
23
24
25
APPLE.
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IT'S 2:27.
GO AHEAD, PLEASE.
MR. LEE:
6
7
THREE DAYS
10
YOU.
11
LAUNCHED.
12
13
14
15
16
17
THAT PATENTS DON'T HAVE MUCH VALUE ARE PART, PART OF THIS PLAN
18
TO ATTACK.
19
20
21
22
23
24
25
SAID.
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EVEN THOUGH ITS OWN LAWYER -- EVEN THOUGH ITS OWN EXPERTS HAD
PATENTS TO THEM.
DAY PRODUCT, NOT A SINGLE MODERN DAY PRODUCT THAT USED THESE
10
11
INVENTIONS.
AND THEY CHARACTERIZED THEM AS FUNDAMENTAL AND
12
13
14
15
16
17
18
BUT THEN THEY SAY THAT APPLE'S PATENTS ARE TRIVIAL AND
NARROW.
I'LL ASK YOU THE SAME QUESTION THAT THEY HAVE ASKED YOU.
DOES THAT MAKE SENSE?
19
20
IS, AS YOU NOW KNOW, ABOUT 20 YEARS OLD AND IT HAS EXPIRED.
21
IT
22
THEY CAN'T GET DAMAGES DURING THE PERIOD THAT THE PATENT WAS IN
23
EFFECT.
24
25
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2
ACQUIRED BY SAMSUNG?
DID VOCI, WHO OWNED THE PATENT, EVER ONCE SUGGEST, EVEN
10
11
TODAY.
12
NO.
13
I TRIED TO GET HIM TO SAY YES OR NO, WHAT WAS IN THE PATENT,
14
15
16
17
18
19
20
21
22
CLAIMS.
23
24
25
CAMERA HERE, AND THEN, AND ONLY THEN, DOES IT DO SOMETHING WITH
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IT.
2
3
BUT IT TELLS YOU A LOT ABOUT WHAT THE TERMS IN THE PATENT
MEAN.
10
CAMERAS.
11
BETA, 8 MILLIMETER.
12
YOU
13
14
15
OTHER PRODUCT -- AND THIS HAS BEEN OFF THE MARKET FOR 15
16
17
18
19
DID THEY SHOW YOU A SINGLE SAMSUNG PRODUCT THAT USES THIS
INVENTION?
20
21
FORWARD.
WHY?
22
23
24
PUT UP THERE, BUT HE NEVER USED THE WORDS IN HIS CLOSING "VIDEO
25
CAPTURE MODULE."
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MODULE.
2
3
AND AS HER HONOR HAS EXPLAINED TO YOU, YOU ARE TO USE THE
PLAIN AND ORDINARY MEANING OF THAT BACK IN 1994.
4
5
WHAT WAS A
IT WAS A COMPONENT
THAT YOU COULD GO OUT AND BUY, THAT YOU COULD SNAP ON A VIDEO
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USED IT.
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DR. STORER
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COMPUTER.
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ONE.
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MATERIALS.
THE ACCUSED PRODUCTS RIGHT DOWN TO THE LAST SCREW -- YOU WILL
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WHY?
WE DON'T NEED TO
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THERE'S
CLAIM 15 IN
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YOU WILL SEE SHE SAYS THIS TYPE OF CLAIM, AMONG ALL THE CLAIMS
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PRODUCT.
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THERE ARE
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QUALIFICATIONS.
DECOMPRESSION.
YOU THAT.
AS BETWEEN THE TWO OF THEM, THE PERSON WHO HAS THE REAL
DR. STORER.
WHEN NASA,
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NOW, WHAT DR. STORER TOLD YOU IS THERE ARE FIVE SEPARATE
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SEARCH MODE.
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ACKNOWLEDGED IS THIS:
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ONCE.
THE WHOLE
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FIGURES 4 AND 7.
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GOING TO PUT ON JUST YOUR SCREENS RIGHT NOW, YOU WILL SEE THAT
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TECHNOLOGY.
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SAMSUNG.
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APRIL OF 2012.
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AND THEN THEY SUED US AND THEY NOW CLAIM THAT WE'RE INFRINGING
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THAT THEY SOLD TO US WHILE THEY HELD THE PATENTS AND WE BOUGHT
THEM.
IT IS.
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HE'S RIGHT.
I AGREE.
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DR. HAUSER FOR THE LAST HALF HOUR OR SO, ATTACK HIS STUDY AS
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ASK YOURSELF,
NO.
NO.
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NO.
INSTEAD, THEY BROUGHT DR. RAO IN, WHO TESTIFIED FOR EIGHT
THAT, LIKE DR. ERDEM'S STUDY, LIKE DR. CHEVALIER'S STUDY, HAS
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THIS:
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YOU USE, IF WHAT DR. RAO DID IS ENOUGH, HOW CAN IT POSSIBLY BE
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DID ANYBODY ASK YOU, DID ANYBODY ASK YOU TO PERFORM A MAX DIFF
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IT.
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ANSWER.
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HE DIDN'T DO IT.
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CLOSING, AND BEFORE I SIT DOWN, I'D LIKE TO THANK YOU ON BEHALF
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WE KNOW IT'S
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THANK YOU.
NOW I'M GOING TO ASK YOU THAT LAST THING THAT I SAID I WAS
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MR. PRICE:
THIS ISN'T
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MR. LEE:
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THE COURT:
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MR. LEE:
OVERRULED.
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TOUCH.
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COMMUNICATE.
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AND FOR THESE FIVE PEOPLE, THEY CAME AND GOT ON THE STAND
AND UNDERWENT MUCH CROSS-EXAMINATION.
NOW, YOU'RE ONE OF THOSE PEOPLE, AND YOU'VE HEARD THAT THE
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NO ONE HAS USED, THAT NO ONE HAD HEARD OF BEFORE THE LAWYER
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YOUR COMMON SENSE WILL TELL YOU WHAT THE ANSWER TO THAT
IS.
WE ALL WOULD AGREE THAT THE WORLD AND THE GLOBAL ECONOMY
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CONSTITUTION.
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OF PATENT INFRINGEMENT.
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WE DEPEND ON PATENTS,
WE
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PEOPLE LIKE YOU WHO WILL RECOGNIZE THE DIFFERENCE BETWEEN FAIR
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THANK YOU.
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THE COURT:
THE MARSHAL:
THE COURT:
I DO.
OKAY.
IF YOU
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HAVE -- IF ANYONE ON THE JURY HAS ANY QUESTION, YOU CAN PLEASE
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IF YOU
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HAVE ALL OF THE EXHIBITS THAT HAVE BEEN ADMITTED INTO EVIDENCE,
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BECAUSE I WILL HAVE OTHER CRIMINAL AND CIVIL CASES IN THE NEXT
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IF WE NEED TO DO
WHEN YOU GET OFF THE ELEVATORS AND GO BACK TO THE BACK
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ALL RIGHT.
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ALL RIGHT.
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OKAY?
THE COURT:
OKAY.
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WANT TO HAVE EVERYONE ON THE RECORD SAY THAT THEY ARE OKAY WITH
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COPY.
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1836.
LET ME ASK MS. PARKER BROWN IF YOU CAN LET THEM SEE THOSE
MATERIALS.
AND WE DO HAVE AGREEMENT AS TO THE EXHIBITS, CORRECT?
CAN
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YOU PLEASE IDENTIFY WHICH ARE THE CARTS THAT WILL BE GOING TO
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THE CLERK:
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THE COURT:
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WHICH ONES ARE THE CARTS THAT ARE GOING TO THE JURY ROOM?
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THE CLERK:
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MR. SABRI:
THAT'S RIGHT.
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THE COURT:
ALL RIGHT.
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APPROVING THE TWO BEIGE CARTS FULL OF BINDERS AND THE TWO BLACK
SOMEONE --
CAN I HAVE
MR. SABRI:
THE COURT:
MR. SABRI:
THE COURT:
ALL RIGHT.
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OKAY.
THANK YOU.
12
MR. HUANG, MAYBE YOU CAN HELP -- WHEEL THOSE INTO THE JURY
13
ROOM, PLEASE.
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OKAY.
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MR. SABRI:
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THE COURT:
OKAY.
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MR. SABRI:
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THE COURT:
ALL RIGHT.
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REVIEWED THE VERDICT FORM, THE JURY NOTES, AND EXHIBIT LIST?
MS. MAROULIS:
THEY'RE SATISFACTORY
FOR SAMSUNG.
THE COURT:
OKAY.
THANK YOU.
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MR. MCELHINNY:
MS. MAROULIS:
THE COURT:
OKAY, GREAT.
YOU.
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THE JURORS LEAVE FOR THE END OF THE DAY, WE'LL JUST HAVE A
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MESSAGE FILED ON ECF SAYING THE JURORS HAVE ADJOURNED FOR THE
12
DAY.
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WE HAVE MR. MINTZ HERE, HE'LL BE OUR LIAISON TREE FOR THE
MEDIA, AS IN THE PREVIOUS TWO TRIALS.
WHAT ELSE?
ORGANIZE?
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MR. MCELHINNY:
HONOR.
THE COURT:
OKAY.
SHOULD COORDINATE?
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MS. MAROULIS:
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THE COURT:
OKAY.
WE'LL
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GO AHEAD AND LET YOU KNOW WHEN THEY ADJOURN FOR TODAY AND IF WE
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CERTIFICATE OF REPORTER
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CERTIFY:
THAT THE FOREGOING TRANSCRIPT, CERTIFICATE INCLUSIVE, IS
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ABOVE-ENTITLED MATTER.
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_______________________________
LEE-ANNE SHORTRIDGE, CSR, CRR
CERTIFICATE NUMBER 9595
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DATED:
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EXHIBIT 5
TENTATIVELY FILED
UNDER SEAL
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[PROPOSED] ORDER
CV 10-03561 WHA
Before the Court is Oracle America, Inc.s Motion to Disqualify the Rule 706 Expert.
Having considered the Motion, and all matters presented to the Court in connection with the
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IT IS SO ORDERED.
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Dated:
,
Honorable William H. Alsup
United States District Court Judge
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-1-
[PROPOSED] ORDER
CV 10-03561 WHA