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HAROLD J. MCELHINNY (CA SBN 66781) hmcelhinny@mofo.com MICHAEL A. JACOBS (CA SBN 111664) mjacobs@mofo.com RACHEL KREVANS (CA SBN 116421) rkrevans@mofo.com JENNIFER LEE TAYLOR (CA SBN 161368) jtaylor@mofo.com ALISON M. TUCHER (CA SBN 171363) atucher@mofo.com RICHARD S.J. HUNG (CA SBN 197425) rhung@mofo.com JASON R. BARTLETT (CA SBN 214530) jasonbartlett@mofo.com MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: (415) 268-7000 Facsimile: (415) 268-7522

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

Attorneys for Plaintiff and Counterclaim-Defendant APPLE INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION APPLE INC., Plaintiff, v. SAMSUNG ELECTRONICS CO., LTD., a Korean business entity; SAMSUNG ELECTRONICS AMERICA, INC., a New York corporation; SAMSUNG TELECOMMUNICATIONS AMERICA, LLC, a Delaware limited liability company, Defendants. Case No. 11-cv-01846-LHK (PSG)

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

TUCHER DECL. ISO APPLES REPLY RE MOT. TO ENFORCE COURT ORDERS RE SONY DESIGNS

CASE NO. 11-CV-01846 LHK (PSG) sf-3176367

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I, Alison M. Tucher, declare as follows: 1. I am a partner with the law firm of Morrison & Foerster LLP, counsel for Apple

Inc. (Apple). I am licensed to practice law in the State of California. I have personal knowledge of the matters stated herein. I make this Reply Declaration in Support of Apples Motion to Enforce Court Orders Regarding Sony Designs. 2. I am informed by one of my law partners that Apple produced .jpeg files showing

a model made of the design in Mr. Nishiboris Sony-style CAD drawings just a few hours after those files came into Apples possession. Counsel recovered the .jpeg images from Mr. Nishibori shortly before his deposition. 3. Attached hereto as Exhibit A is a true and correct copy of excerpts from the

deposition transcript of Richard Howarth, taken July 16, 2012. 4. Attached hereto as Exhibit B is a true and correct copy of excerpts from the

deposition transcript of Shin Nishibori, taken May 2, 2012. 5. Attached hereto as Exhibit C is a true and correct copy of excerpts from the

deposition transcript of Christopher Stringer, taken November 4, 2011. I declare under penalty of perjury that the foregoing is true and correct. Executed this 28th day of July, 2012 at San Jose, California.

/s/ Alison M. Tucher Alison M. Tucher

TUCHER DECL. ISO APPLES REPLY RE MOT. TO ENFORCE COURT ORDERS RE SONY DESIGNS

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ATTESTATION I, Michael A. Jacobs, am the ECF User whose ID and password are being used to file this Declaration. In compliance with General Order 45, X.B., I hereby attest that Alison M. Tucher has concurred in this filing. Dated: July 28, 2012 /s/ Michael A. Jacobs Michael A. Jacobs

TUCHER DECL. ISO APPLES REPLY RE MOT. TO ENFORCE COURT ORDERS RE SONY DESIGNS

CASE NO. 11-CV-01846 LHK (PSG) sf-3176367

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Exhibit A

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Confidential Attorneys' Eyes Only

Page 1
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION APPLE INC., a California corporation, Plaintiff, vs. Case No. 11-cv-01846-LHK 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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CONFIDENTIAL ATTORNEYS' EYES ONLY VIDEOTAPED DEPOSITION OF RICHARD HOWARTH San Francisco, California Monday, July 16, 2012

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Reported by: LORRIE L. MARCHANT, CSR No. 10523 RPR, CRR, CCRR, CLR JOB NO. 51740

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designing the -- when the team was designing the 03:50 iPhone, we -- we wondered, as you might, just 03:50 what -- what might the competition would do. There 03:51 was no competition for us at the time. 03:51 But it was -- we wondered, well, yeah, 03:51 what -- what -- what might Sony, you know, for 03:51 instance do if they were -- if they had our 03:51 technology and -- and would create that product. 03:51 So I think Jony asked him to -- to have a 03:51 look and see, since he was Japanese, what he might 03:51 do. 03:51 Q. Is there anything else that you can 03:51 remember about the -- about the project that 03:51 Mr. Nishibori was asked to do on the Sony style? 03:51 A. I'm not sure it was a project. But, you 03:51 know, just a little aside, really. 03:51 Q. I -- regardless of whether it's a project 03:51 or exercise, whatever the case may be, do you 03:51 remember anything else about it? 03:51 A. I remember -- not in huge, massive detail. 03:52 Q. But, generally speaking -- and by the way, 03:52 I'm going to show you a couple of documents here in 03:52 a minute that may jog your memory. But I'm just 03:52 trying to find out if there's anything so far that 03:52 you recall generally about what Mr. Nishibori did on 03:52

this Sony style. 03:52 A. Well, I remember that we were heading 03:52 down -- we -- we were working on, you know, 03:52 different directions. And Shin and I walked over to 03:52 the table when -- when he was just starting to think 03:52 about it, and -- the project design table, and we 03:52 were having a chat about it. 03:52 And we picked up a model off the table 03:52 that -- that we liked, that we had done previously. 03:52 And -- and so Shin was going to base the design -03:53 his, you know, exploration on this model and add a 03:53 few Sony-esque sort of details to it. Because 03:53 that's -- yeah, that's what we -- that's what we 03:53 wanted to do. 03:53 Q. Anything else you can remember? 03:53 A. Not -- not a lot, really. No. 03:53 Q. Let me show you what was previously marked 03:53 as Exhibit 1172. And for the record, we're -- we 03:53 marked this as TX623. 03:53 A. Okay. 03:54 Q. Do you recognize what's shown here in 1172 03:54 as the Sony-style design that Mr. Nishibori was 03:54 working on that you were discussing? 03:54 A. It looks -- it looks pretty similar to it, 03:54 m-hm. 03:54

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Q. And the model that you referred to, did it 03:54 look like this design that's shown in the -- the CAD 03:54 drawings here, Exhibit 1172? 03:55 A. Which model? 03:55 Q. The one that you're referring to where you 03:55 and Mr. Nishibori were -- were walking and had 03:55 picked up a model. 03:55 A. It was similar to this. It looks like -03:55 pretty similar to this if you took the Sony details, 03:55 Sony-ish details off that he added. 03:55 Q. And so when you're referring to "the 03:55 details," please identify for me what are the 03:55 portions of what's shown here in Exhibit 1172 that 03:55 Mr. Nishibori came up with as opposed to what was 03:55 that preexisting design that you're referring to. 03:55 A. It looks -- it was a long time ago, but I 03:55 think it was the receiver detail right there looks a 03:55 little like -- that was different than what we -03:55 the model that was on the table. 03:56 The Sony -- the buttons here on the bottom 03:56 look like they were sort of added. And the Sony 03:56 logo and this -- what looks like it's sort of the 03:56 green button on the side, the jog dial, kind of -03:56 that's quite a Sony -- classic Sony detail, really. 03:56 Q. Anything else? 03:56

A. The connector on the bottom perhaps looks a 03:56 little bit like a Sony-ish connector. 03:56 Q. On the back side, where the camera lens is 03:56 depicted, was that something that Mr. Nishibori 03:56 added to it? 03:56 A. I don't think so. I think we had -- we had 03:56 a camera in the corner already. 03:56 Q. And then that preexisting model that you're 03:57 referring to, did it have exactly the same shape as 03:57 what's shown here in the CAD drawings? 03:57 MS. TAYLOR: Objection. Vague. 03:57 THE WITNESS: I'm not sure if it had 03:57 exactly the same shape as that in the CAD drawings. 03:57 Similar. 03:57 BY MR. ZELLER: 03:57 Q. Do you recall if there were differences? 03:57 A. I can't recall exactly right now. 03:57 Q. And did the -- the preexisting model that 03:57 you're referring to, did that have a name? 03:57 A. I don't know if it had a name. It 03:57 looked -- it looked like that (indicating). 03:57 Q. And for the record, you're referring to 03:57 the -- the model that's on the left, on page ending 03:57 121 of TX562? 03:57 A. Right. Yeah. This device (indicating). 03:57

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Q. All right. We're going to come back to 03:58 that in a moment. I just wanted to make sure we had 03:58 a clear record on what you were pointing to. 03:58 A. Okay. 03:58 Q. In terms of the -- just that -- that shape, 03:58 the rectangular shape with the rounded corners, 03:58 exactly as it's shown here in the CAD drawings of 03:58 Exhibit 1172, are you able to say one way or another 03:58 whether Mr. Nishibori changed those at all? 03:58 MS. TAYLOR: Asked and answered. 03:58 THE WITNESS: I'm not sure whether he 03:58 changed them. 03:58 BY MR. ZELLER: 03:58 Q. And then you'll see that there's that -- in 03:58 the side views there's the metal band kind of design 03:58 shown here on the first page of 1172. 03:58 You see what I'm referring to? 03:58 A. I don't know what material it is, but I see 03:58 there's a band there. 03:58 Q. And was that band portion that's depicted 03:58 here in the CAD drawings also part of that model 03:58 that -- that you saw that was preexisting? 03:58 A. Yeah. 03:59 Q. What were the sides? More like what's 03:59 shown here in TX562? 03:59

A. They seem pretty similar to me. 03:59 Q. And when you say "pretty similar," what's 03:59 shown there in 1172, in that respect does the band 03:59 look similar to the model that's shown here in 562? 03:59 A. Roughly. 03:59 Q. And do you recall whether Mr. Nishibori 03:59 made any changes to that -- that band apart from the 03:59 jog wheel that you mentioned? 03:59 A. I can't be sure exactly. 03:59 Q. And focusing, then, on that preexisting 03:59 model that you saw, who created that design? 03:59 A. This one (indicating)? 03:59 Q. Well, I -- let me rephrase the question, 04:00 then, for a moment. 04:00 Because in your e-mail -- and this is on 04:00 the first page of TX562 -- you refer to "what Shin 04:00 is doing with the Sony-style chappy" -04:00 A. Sorry. 04:00 Q. And then you go to say, Also note that it's 04:00 only half a step away from where we were with the 04:00 metal band, black inside, before we changed to the 04:00 three equal striped sandwich, which I show below. 04:00 Do you see that language? 04:00 A. I see that. 04:00 Q. And so what are you referring to there when 04:00

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you say "it's only half a step away from"? 04:00 A. I'm not sure. I think I'm saying that 04:00 Shin's -- the thing that Shin was working on is 04:00 similar to the -- to what we were working on 04:01 previously. 04:01 Q. So then focusing on the model that's there 04:01 on the left, shown on page 121, which is the black 04:01 one, was there -- was there a name that you used for 04:01 this model? 04:01 A. I can't remember. 04:01 Q. Was this more in that style of the -- the 04:01 Sony-style chappy that's being referred to here? 04:01 MS. TAYLOR: Objection. Vague. 04:01 THE WITNESS: Yeah. I'm not sure what you 04:01 mean by "in the style of." 04:01 BY MR. ZELLER: 04:01 Q. Well, here's what I'm trying to understand, 04:01 and maybe I -- I need to rephrase it. 04:01 You just say here in the first sentence of 04:01 your e-mail, I'm worried about the extrudo shape 04:01 we're using for P2, et cetera. Looking at what Shin 04:02 is doing with the Sony-style chappy, he's able to 04:02 achieve a much smaller looking product with a much 04:02 nicer shape to have next to your ear and in your 04:02 pocket. 04:02

Do you see that? 04:02 A. Yeah. I can see that. 04:02 Q. And so what are you referring to here when 04:02 you say "the Sony-style chappy"? 04:02 A. I can't be sure exactly, but I think 04:02 it's -- I think it was something that Shin was 04:02 working on, which was -- you know, this is something 04:02 that Shin had a go at. 04:02 Q. And then focus on that model, then, that's 04:02 on the left-hand side, on page 121 of TX562 -04:02 A. Okay. 04:02 Q. -- is this a model that was created after 04:02 Mr. Nishibori was working on this design that's 04:02 shown in 1172? 04:02 A. No. I don't believe so. I think this was 04:02 created before. 04:02 Q. In looking at the model that's depicted 04:03 here on the left-hand side on page ending 121, did 04:03 Mr. Nishibori contribute anything to the design 04:03 that's shown there? 04:03 A. Shin is part of the design team, so he 04:03 could well have contributed. You know, as we do, 04:03 you know, it's a conversation that's constantly 04:03 happening between us all. 04:03 Q. Do you have any information about the 04:03

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CERTIFICATE STATE OF CALIFORNIA ) : ss COUNTY OF SONOMA ) I, Lorrie L. Marchant, a Certified Shorthand Reporter, a Registered Professional Reporter, a Certified Realtime Reporter, and a Certified Realtime Professional within and for the State of California, do hereby certify: That RICHARD HOWARTH, the witness whose deposition is herein set forth, was duly sworn/affirmed by me and that such deposition is a true record of the testimony given by such witness. I further certify that I am not related to any of the parties to this action by blood or marriage and that I am in no way interested in the outcome of this matter. In witness whereof, I have hereunto set my hand this 16th day of July, 2012.

INDEX INDEX OF EXAMINATION PAGE MR. ZELLER 5 ---oOo--INDEX OF EXHIBITS DESCRIPTION PAGE Exhibit TX579 e-mail and attachments to 4 Jonathan Ive from Richard Howarth, dated 3/8/2006, subject: on: the sony vs apple competition (Production Nos. APLNDC0003040119 APLNDC0003040124) Exhibit TX562 e-mail to David Tupman, 52 cc'ed to various other recipients, from Andrew Bright, dated 6/4/2010, subject: reciever up high in Y (Production Nos. APLNDC0002326562 APLNDC0002326563) ---oOo--PREVIOUSLY-MARKED EXHIBITS Exhibit 6 United States Design Patent, Andre, et al., Patent No. D593,087 S Exhibit 7 United States Design Patent, Andre, et al., Patent No. D618,677 S Exhibit 1172 Images of Sony phone (Production Nos. APLNDC-NC00000274 APLNDC-NC0000000281) ---oOo---

--------------------------------------------LORRIE L. MARCHANT, CSR, RPR, CRR, CLR, CCRR CSR No. 10523

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NAME OF CASE: Apple v. Samsung (U.S. District) DATE OF DEPOSITION: 7/16/2012 NAME OF WITNESS: Richard Howarth Reason Codes: 1. To clarify the record. 2. To conform to the facts. 3. To correct transcription errors. Page ______ Line ______ Reason ______ From _____________________ to _____________________ Page ______ Line ______ Reason ______ From _____________________ to _____________________ Page ______ Line ______ Reason ______ From _____________________ to _____________________ Page ______ Line ______ Reason ______ From _____________________ to _____________________ Page ______ Line ______ Reason ______ From _____________________ to _____________________ Page ______ Line ______ Reason ______ From _____________________ to _____________________ Page ______ Line ______ Reason ______ From _____________________ to _____________________ Page ______ Line ______ Reason ______ From _____________________ to _____________________ Page ______ Line ______ Reason ______ From _____________________ to _____________________ Page ______ Line ______ Reason ______ From _____________________ to _____________________ Page ______ Line ______ Reason ______ From _____________________ to _____________________ __________________________ RICHARD HOWARTH

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Exhibit B

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Confidential Business Information Highly Confidential Attorney's Eyes Only

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UNITED STATES INTERNATIONAL TRADE COMMISSION Washington, D.C. In the Matter of ) ) CERTAIN ELECTRONIC DIGITAL ) Inv. No. 337-TA-796 MEDIA DEVICES AND ) COMPONENTS THEREOF ) )

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION APPLE INC., a California ) CIVIL NO. 11-CV-01846-LHK corporation, ) ) Plaintiff, ) ) vs. ) ) SAMSUNG ELECTRONICS CO., ) LTD., a Korean business ) entity; SAMSUNG ELECTRONICS ) AMERICA, INC., a New York ) corporation; and SAMSUNG ) TELECOMMUNICATIONS AMERICA, ) LLC, a Delaware limited ) liability company, ) ) Defendants. ) ) CONFIDENTIAL BUSINESS INFORMATION HIGHLY CONFIDENTIAL ATTORNEYS' EYES ONLY VIDEOTAPED DEPOSITION OF SHIN NISHIBORI MAY 2, 2012 HONOLULU, HAWAII TSG JOb # 49110 Reporter: ADRIANNE IGE KURASAKI
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INTERPRETED ANSWER: Yes, it was a very 10:37AM short time period because I was doing this on 10:37AM the side of my project. So the idea itself was 10:37AM about two days. And I worked with Carlos for 10:37AM the drawing rendering. And so would be two 10:38AM weeks. So if it's longer than this, it was 10:38AM around two weeks that it took. 10:38AM BY MR. ZELLER: 10:38AM Q And was the March of 2006 time period 10:38AM when you began working on this design idea here? 10:38AM A I do not remember specific dates. I do 10:38AM not remember. 10:38AM THE CHECK INTERPRETER: "To that 10:38AM extent." 10:38AM BY MR. ZELLER: 10:38AM Q Is it fair to say that you recall first 10:38AM coming up with the idea for the design and then 10:38AM working very soon thereafter on these designs 10:38AM that are in Exhibit 1? 10:38AM (The Check Interpreter speaks in Japanese.) 10:39AM MS. TAYLOR: Objection. Vague. 10:39AM Translate. 10:39AM (Whereupon, the Interpreter translates.) 10:39AM INTERPRETED ANSWER: Well, may I explain 10:39AM how the direction of this process -- rather, may 10:40AM

I explain how this idea came out? 10:40AM BY MR. ZELLER: 10:40AM Q Please. 10:40AM A First, Jonathan Ive talked to me. 10:40AM "Well, Shin, I have something to talk to you 10:40AM about." 10:40AM And he said, "You can just do this on 10:41AM your side of your job. Just relax and enjoy 10:41AM doing this. But can you start -- can you try 10:41AM working on to create something that represents 10:41AM something that if Sony attempts to create an 10:41AM iPhone." 10:41AM That's what he told me. But because of 10:41AM my English, I'm not sure if I clearly understood 10:41AM him. But this was what I understood. 10:41AM THE CHECK INTERPRETER: Proposed 10:41AM correction: "He said, 'You can do this as an 10:41AM aside of your job and enjoy -- I want you to 10:42AM enjoy doing this. But if Sony were to make an 10:42AM iPhone, what would it be like? Would you make 10:42AM it for me?' And because my English -- because 10:42AM of my English, I'm not sure if I clearly 10:42AM understood him, but this is what I understood." 10:42AM THE INTERPRETER: May the interpreter 10:42AM ask the witness to repeat his answer again? 10:42AM

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INTERPRETED ANSWER: Your question, your 10:43AM last question is about did you come up with an 10:43AM idea and started with this. However, I'd like 10:43AM to say that it came -- first came from Jonathan 10:43AM Ive -10:43AM THE INTERPRETER: I'm sorry. Strike 10:43AM that. 10:43AM INTERPRETED ANSWER: Your last question 10:43AM was about did you come up with an idea and then 10:43AM started the project and then did the rendering 10:43AM or CAD. But it's not. I'd like to say that it 10:43AM came from Jonathan Ive first and then I came up 10:43AM with an idea and it started then. 10:43AM MS. TAYLOR: Were you correcting your 10:44AM interpretation or did he strike his answer? 10:44AM THE INTERPRETER: Yes, I said -- when 10:44AM the Interpreter said "strike that," the 10:44AM interpreter was correcting the entire 10:44AM interpretation, yes. So anything after "strike 10:44AM that" is my interpretation. 10:44AM MR. ZELLER: The witness didn't say 10:44AM "strike that"? 10:44AM THE INTERPRETER: No. 10:44AM BY MR. ZELLER: 10:44AM Q So just so we have a clear understanding 10:44AM

of this, so as you understood the conversation 10:44AM you had with Mr. Ive, Mr. Ive was the one who 10:44AM came up with the idea to say what would Sony do. 10:44AM And that was the project that you started on? 10:44AM (The Check Interpreter speaks in Japanese.) 10:44AM INTERPRETED ANSWER: Well, it is not 10:45AM that Jony came up with specific design idea to 10:45AM me. But we did have a conversation and this is 10:45AM what Jony said. And there's not -- what I just 10:45AM told you is all, everything. And there's 10:45AM nothing other than that. 10:45AM BY MR. ZELLER: 10:45AM Q Let me try it this way: Mr. Ive gave 10:45AM you the general direction to work on an idea for 10:46AM what Sony would do and then you came up with the 10:46AM specific design idea? 10:46AM A Right. I do not know who had the 10:46AM original idea. But it is true that the 10:46AM direction came from Ive. He asked me to make 10:46AM something -- he request me -- requested me to 10:47AM make something like that. So, yes, that's true. 10:47AM THE CHECK INTERPRETER: "And then I went 10:47AM forward with it." 10:47AM BY MR. ZELLER: 10:47AM Q And then what you did, in terms of 10:47AM

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chance to look at the images in Exhibit 2. 10:57AM A Okay. 10:57AM Q Do you recognize what these images are? 10:57AM (The Check Interpreter speaks in Japanese.) 10:57AM INTERPRETED ANSWER: Hai. 10:57AM BY MR. ZELLER: 10:57AM Q Please tell us what you recognize them 10:57AM as. 10:57AM A It is -- these are renderings that I 10:57AM created based on my own thoughts or my 10:57AM understanding of Sony-like designs -- Sony's 10:57AM design, based on the request of Jonathan Ive. 10:58AM Q And then when we looked at Exhibit 1, we 10:58AM saw that there were some file dates for March of 10:58AM 2006. 10:58AM (The Check Interpreter speaks in Japanese.) 10:58AM THE CHECK INTERPRETER: The witness 10:58AM said, "Yes." 10:58AM MR. ZELLER: Give me the translation. 10:58AM THE INTERPRETER: Sorry. 10:58AM INTERPRETED ANSWER: Yes. 10:58AM BY MR. ZELLER: 10:58AM Q Do you recall whether or not the 10:58AM renderings in Exhibit 2 were done at the same 10:58AM time as these renderings in Exhibit 1 or were 10:58AM

they done later on? 10:58AM A In my recollection, the ones listed here 10:59AM from one, two, three, four, five, six, seven, 10:59AM are the ones here, listed as jpegs here. 10:59AM Q So you think these are the same images? 10:59AM A I think they are the same. 10:59AM Q And I take it that the Sony-like designs 10:59AM that were done in CAD form that you worked on 10:59AM with the CAD operator, were they on Apple's CAD 10:59AM system? 10:59AM MS. TAYLOR: Objection. Vague. 11:00AM INTERPRETED ANSWER: Well, I'm not too 11:00AM sure about what you're referring to as "CAD 11:00AM system," whether you're calling it as the 11:00AM software company. If you're asking about the 11:00AM location of CAD system and Apple -11:00AM MS. TAYLOR: Wait, wait. 11:01AM THE CHECK INTERPRETER: She's not done. 11:01AM INTERPRETED ANSWER: -- then it is. 11:01AM THE CHECK INTERPRETER: "If you're 11:01AM asking about the location of the CAD system at 11:01AM Apple company, if that's where it was made, 11:01AM then, no doubt, it was made there." 11:01AM BY MR. ZELLER: 11:01AM Q Was the -- were these CAD images on any 11:01AM

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other computer there at Apple, like your own 11:01AM computer that you know of, other than the CAD 11:01AM operator's computer? 11:01AM I'm sorry. Let me withdraw that. 11:01AM THE INTERPRETER: Yes, I'm so sorry. 11:01AM If the interpreter may ask for a few minutes of 11:01AM break, that would be wonderful. 11:01AM MR. ZELLER: Sure. Absolutely. Yeah. 11:01AM We'll do that. 11:01AM THE VIDEOGRAPHER: Off the record. It's 11:02 a.m. (A recess was taken from 11:02 a.m. to 11:11 a.m.) THE VIDEOGRAPHER: This will be the 11:11AM start of Tape No. 2. We are on the record. It 11:11AM is now 11:12 a.m. 11:12AM BY MR. ZELLER: 11:12AM Q Focusing your attention on the CAD 11:12AM renderings that we've marked as Exhibits 1 and 11:12AM 2. Do you know what computers those CAD images 11:12AM were on? 11:12AM A I'm sorry, this is what Carlos did, so 11:12AM the only knowledge that I have is that was done 11:12AM by -- or on Carlos' computer. 11:12AM Q Do you remember whether those CAD images 11:12AM were ever on your computer? 11:13AM

A For this picture -- well, I had the need 11:13AM to send these pictures to Jonathan Ive, who was 11:13AM on business trip, by e-mail. So I incorporated 11:13AM those pictures into my computers. However, it 11:13AM was not the CAD image. It was on jpeg. 11:14AM Q So there were jpeg images of the CAD 11:14AM renderings that were made and then you e-mailed 11:14AM those to Mr. Ive? 11:14AM A Right. 11:14AM Q Were any of those jpeg images the ones 11:14AM that are here in Exhibit 2? 11:14AM A Yes, these are the ones that was sent to 11:14AM him. 11:14AM Q Are they all of the jpegs? 11:14AM A I'm not sure if it's all. 11:14AM Q Let me try it this way: Of the jpegs 11:15AM that you sent, do you recognize these as being 11:15AM the jpegs that you sent, all of these pages? 11:15AM A I'd like to confirm, what do you mean 11:15AM "sent," mean to sent to Jonathan Ive; correct? 11:15AM Q Right. 11:15AM A It was very difficult to send everything 11:16AM by e-mail, so I'm sure I selected some and 11:16AM omitted some and sent it to him by e-mail. 11:16AM I believe that the ones I sent to him 11:16AM

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was the one -- were the ones that could show 11:16AM details. Because as -- the details, for 11:16AM example, the buttons and switches, are the ones 11:17AM that I had represented Sony's image to express. 11:17AM That is why. 11:17AM Q So if I understand correctly, with 11:17AM respect to the images in Exhibit 2, you sent at 11:17AM least some subset of them to Mr. Ive as jpegs? 11:17AM A Yes. 11:17AM Q And I take it when you sent that, you 11:17AM did a cover e-mail that went with the images? 11:17AM A Not in my recollection. 11:18AM Q When you say not in your recollection, 11:18AM you just sent -- how did you transmit them to 11:18AM Mr. Ive? 11:18AM A In my recollection, it was quite simple, 11:19AM addressed to Jony, and it was about -- it was 11:19AM regarding Sony and I came up with a rendering, 11:19AM please take a look at it. It was a very simple 11:19AM paragraph. And I selected some pictures out of 11:19AM it and then I put it onto the mail application 11:19AM and sent it off to him. 11:19AM Q If I understand then correctly, you 11:19AM attached at least some of these images as jpegs 11:19AM to an e-mail that you sent to Mr. Ive over 11:19AM

Apple's e-mail system? 11:19AM A Yes, that's correct. 11:20AM Q And then your e-mail had the text that 11:20AM you described? 11:20AM A Yes. Yes. 11:20AM Q Do you remember, was anyone other than 11:20AM yourself and Mr. Ive on this e-mail? 11:20AM A Well, it's not clear. I'm on -- I had a 11:20AM direct communication with Jonathan Ive only and 11:21AM I was really doing this on the side, so I do not 11:21AM think so. But this is -- maybe. 11:21AM Q Do you remember one way or another? 11:21AM A Yes. 11:21AM THE INTERPRETER: The interpreter will 11:21AM repeat the question. 11:21AM INTERPRETED ANSWER: Are you asking who 11:21AM was in or who was not in? 11:21AM MR. ZELLER: Well, I'm just trying to 11:21AM make sure I understand your last answer. 11:21AM If you could translate. 11:21AM (Whereupon, the Interpreter translates.) 11:21AM INTERPRETED ANSWER: If I answer 11:21AM clearly, I do not know. 11:21AM BY MR. ZELLER: 11:21AM Q That's what I wanted to make sure is you 11:21AM

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just don't have a clear memory one way or 11:22AM another whether anyone else was on the e-mail? 11:22AM A Yes. But one thing I'd like to point 11:22AM out is that nobody was on this project -11:22AM rather, it's not a project. It is a Sony thing. 11:22AM Sony story. 11:23AM Nobody else was involved. So I just 11:23AM assumed that nobody else is involved or heard 11:23AM anything or involved in the e-mail. But I 11:23AM didn't really -- I do not really see the actual 11:23AM e-mail myself, so I don't -- I can't answer 11:23AM hundred percent. 11:23AM Q Did you actually type up the e-mail to 11:23AM Mr. Ive and send it to him or did someone else 11:23AM do that? 11:23AM A Myself. I did it myself. 11:23AM Q Do you recall about how much time passed 11:23AM between the time you got the general direction 11:23AM from Mr. Ive to do this work and then when you 11:23AM came up with these CAD images that are 11:23AM Exhibits 1 and 2? 11:23AM A Yes. Yes, from the idea to the 11:24AM completion of the sketch, it probably took 11:24AM between one week to ten days. I would say less 11:24AM than ten days. 11:24AM

And the reason is that -- that I was 11:25AM trying to accelerate the process was that 11:25AM Jonathan Ive was on business trip and I wanted 11:25AM to finish creating the model before he returns. 11:25AM So I was sending him e-mails and then I -- and 11:25AM then I got his confirmations. And then from the 11:25AM very short turnaround time, I sent the model to 11:26AM the outsourcing company to make it and then 11:26AM completed it. 11:26AM Q At the time when Mr. Ive gave you the 11:26AM general direction, were you familiar with Sony 11:26AM designs? 11:26AM A Part of the reason is that I worked for 11:27AM Panasonic for nine years. And my latter half of 11:27AM my employment, for four and a half years, I was 11:27AM involved in the audio division. And a part of 11:27AM me, I have a respect for Sony products. And I 11:27AM had some image in my head about what Sony 11:28AM products are; so, for example, switches or 11:28AM things like that that's specific to Sony. 11:28AM So -- but roughly, what I included in 11:28AM this drawing is what if -- what would Sony would 11:28AM do -- what would Sony do. For example, the jog 11:28AM shuttle or the buttons and layout and how the 11:28AM brand is placed on and so forth. 11:28AM

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that's what I tried to express. But with that 11:50AM said, I don't quite understand your question any 11:50AM more than that." 11:50AM BY MR. ZELLER: 11:50AM Q Let me try it this way: Focusing on 11:50AM that time period when Mr. Ive gave you the 11:50AM general direction, you had seen at least some 11:50AM Sony products? 11:50AM A Well, there's -- there's no situation 11:51AM that I created this design looking at Sony 11:51AM products. However, it is correct that I 11:51AM expressed what I have in my mind as the image of 11:51AM what Sony is in the form of buttons and other 11:51AM details. 11:51AM Q Do you recall which type of Sony mobile 11:52AM devices you had seen as of the time Mr. Ive gave 11:52AM you this general direction? 11:52AM A I do not remember. 11:52AM Q As of the time when Mr. Ive gave you 11:52AM this general direction, had you seen any kind of 11:52AM Sony communication device, portable 11:52AM communication device? 11:52AM MS. TAYLOR: Objection. Vague. 11:53AM INTERPRETED ANSWER: I do not have a 11:53AM recollection that I saw the project with my own 11:53AM

eyes directly. I might have some images or 11:53AM memory that -- of the products I had seen 11:53AM before. But it is not that I looked at the 11:53AM project directly with my own eyes. 11:53AM THE CHECK INTERPRETER: Proposed 11:53AM correction: The lead interpreter said 11:53AM "project." The checking interpreter believes 11:53AM she misspoke. 11:54AM THE INTERPRETER: Product. Product. 11:54AM THE CHECK INTERPRETER: Product. 11:54AM INTERPRETED ANSWER: For example, for 11:54AM example like this, I had -- I remembered Sony 11:54AM used this type of camera. They used to have a 11:54AM tiny little camera like this. So I remember -- 11:54AM I had some memory that they used the type of 11:54AM camera like this at that time. But, however, it 11:54AM is not that I looked at product and worked on 11:54AM the design. 11:54AM BY MR. ZELLER: 11:54AM Q All right. I think you're getting a 11:55AM little ahead of my question. What I'm trying to 11:55AM find out is something specific. Do you remember 11:55AM which Sony mobile devices you had seen as of the 11:55AM time or before the time Mr. Ive gave you this 11:55AM general direction? 11:55AM

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MS. TAYLOR: Objection. Vague. 11:55AM INTERPRETED ANSWER: That's what I do 11:56AM not remember. 11:56AM BY MR. ZELLER: 11:56AM Q Do you remember which Sony mobile 11:56AM devices you saw after Mr. Ive gave you the 11:56AM general direction? 11:56AM A As for the Sony mobile devices, I'm 11:56AM repeating that I did not look at it while I was 11:56AM working on the design, so I do not remember what 11:57AM I looked at. However, I might have touched on 11:57AM the Sony device that was sold in the market. 11:57AM But as I say, I do not remember. 11:57AM THE CHECK INTERPRETER: Proposed 11:57AM correction: "As for Sony mobile devices, I 11:57AM repeat what I said. It's not the case that I 11:57AM was looking at any mobile devices while working 11:57AM on the design. I don't remember what I may have 11:57AM seen at that time. But it's possible I touched 11:57AM a phone that was sold in the market placed by 11:57AM Sony at that time. However, I don't recall at 11:57AM all." 11:57AM MR. ZELLER: Let's please mark as 11:58AM Exhibit 3 a multipage document. First page is 11:58AM an e-mail from Richard Howarth dated March 8, 11:58AM

2006, with images attached. 11:58AM (Exhibit No. 3 marked for identification.) 11:58AM BY MR. ZELLER: 11:58AM Q You're not on this cover e-mail? 11:58AM ENGLISH ANSWER: No, I never seen this 11:58AM e-mail so I don't know that (In English.) 11:58AM BY MR. ZELLER: 11:58AM Q But I did want to ask you about the 11:58AM pictures. If you can look at those, please. 11:58AM And you'll see with the page ending 121 at the 11:58AM bottom, there's a number of pages of images. 11:58AM Let me take these one by one for a moment. 11:59AM Focusing your attention on this page 11:59AM that ends on 121, do you recognize what's on the 11:59AM left-hand side here? 11:59AM A No. 11:59AM Q Is this a model that you worked on? 11:59AM A No, it is not. 11:59AM Q Directing your attention to the next 11:59AM page, which is 122. Do you recognize what's on 11:59AM the right-hand side as being something you 11:59AM worked on? 11:59AM A It's not whether I worked on the design. 12:00PM I have seen this -- I might have seen the camera 12:00PM part. It's close to what I worked on, but it is 12:00PM

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WITNESS CERTIFICATE I, SHIN NISHIBORI, do hereby certify that I have read the foregoing pages, inclusive, and corrections, if any, were noted by me; and that same is now a true and correct transcript of my testimony. Dated ______________________________________ ______________________________________ SHIN NISHIBORI

CERTIFICATE I, ADRIANNE IGE KURASAKI, C.S.R., in and for the State of Hawaii, do hereby certify: That on Wednesday, May 2, 2012, at 10:03 a.m., appeared before me SHIN NISHIBORI, the witness whose testimony is contained herein; that, prior to being examined, the witness was by me duly sworn or affirmed; that the proceedings were taken down by me in computerized machine shorthand and were thereafter reduced to print under my supervision; that the foregoing represents, to the best of my ability, a true and correct transcript of the proceedings had in the foregoing matter. I further certify that I am not counsel for any of the parties hereto, nor in any way interested in the outcome of the cause named in the caption. This 57-page Deposition of SHIN NISHIBORI, dated May 2, 2012, was subscribed and sworn to before me this 2nd day of May, 2012, in the First Circuit of the State of Hawaii, by Adrianne Ige Kurasaki.

Signed before me this _________ day of __________________________, 20_______.

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____________________________________________

Certain Electronic Digital Media Devices, Case 337-TA-796/ Apple Inc. v Samsung Electronics Company, Ltd., et al., Civil No. 11-CV-01846 Videotaped Deposition of SHIN NISHIBORI Taken on May 2, 2012

______________________________________ Adrianne Ige Kurasaki, CSR 388 State of Hawaii

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

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Case5:11-cv-01846-LHK Document1438-3 Filed07/29/12 Page1 of 4

Exhibit C

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION APPLE INC., a California corporation, Plaintiff,

vs.
8

CASE NO.

11-cv-01846-LHK

10

11

12 13

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. ____________________________/

14 15 16 17 18 19 20 21 22 23 24 25

H I G H L Y C O N F I D E N T I A L O U T S I D E C O U N S E L O N L Y VIDEOTAPED DEPOSITION OF CHRISTOPHER STRINGER REDWOOD SHORES, CALIFORNIA FRIDAY, NOVEMBER 4, 2011 BY: ANDREA M. IGNACIO HOWARD, CSR, RPR, CCRR, CLR CSR LICENSE NO. 9830 TSG JOB NO. 43706
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other. And I think I now understand, what you're saying is that the space in between, that depicts the housing. A Yes. Q And now I'm trying to figure out: Do the two lines -- where they diverge there, do those -- do those signify some edge of the housing? MR. JACOBS: Objection; form. THE WITNESS: I see a surface in between those lines that is adjacent to the cover glass that is on the same plane as the cover glass, butting up against the edge of the cover glass. MR. ZELLER: Q. And one reason you reached that conclusion is because of the drawings in the other figures? A That's how -- yes. Q What other figures were you referring to, just so we have a clear record on that, that were helping you in your understanding? A Figure 1, Figure 3, and Figure 5 -- well, 5, 6, 7, and 8 equally, along with Figure 9, I create an image of a product. Q Would you please mark as Exhibit 1172 a multipage document bearing Bates Nos. APLNDC-NCC0000247 through '281, and it's a
Page 112

collection of field CAD drawings. (Document marked Exhibit 1172 for identification.) THE WITNESS: Okay. MR. ZELLER: Q. Do you recognize anything that's depicted here in Exhibit 1172? A Yes. Q What do you recognize these as? A I recognize an exercise that Shin Nishibori worked on. I do not recall when, but the dates would indicate it was in '06, March of '06. Q And even though you don't recall, as you've said, is there any reason for you to think it was not in the 2006 time period? A No. Q Did you work on this project yourself? A This is an exercise. I see that as distinct from a project. It could be considered as to be some abstract portion of a project, that being the iPhone. Q I'm happy to call it either. So just so we have -- we understand we're talking about the same thing. So whether it's exercise or project, focusing on this design work that was done that pertained in particular to these designs that are shown here in Exhibit 1172 with the name Sony on it, can you please

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tell me generally what that -- what the purpose of that was. A It was a -- just a fun exercise where Shin made an object resembling an iPhone that would -almost in a role-playing kind of way, what would Sony do if they were us? Q Do you have an understanding -- and that's the reason why Sony is -- is on this? A Yeah. It was fun. Q Do you know who came up with the idea for this exercise? A I do not recall. Q Did you yourself prepare any designs or drawings that was part of this exercise? A No. Q Do you know if anyone other than Mr. Nishibori did? A No. Q Generally speaking, I take it you recognize the images here in Exhibit 1172 as filled in CAD drawings? A Rendered, shaded, yes. Q And do you know were any three-dimensional models created as part of the exercise that we're talking about?

A I believe so, but I am not absolutely certain. Q Generally speaking, do you have a memory of -- of seeing some kind of model or model number? A Not sufficiently clear. I can't recall. Q You're just not sure? A Uh-huh. Q I'm sorry. You need to give an audible -A Yes. Q Yeah. Okay. Is there anything else that you remember generally about this exercise? A No. Q Let me show you what was previously marked as Exhibit 751, which is a copy of United States design patent 622,270. A Yes. Q Do you recognize the '270 design patent as a design patent that you're a named inventor on? A Yes. Q And, generally speaking, do you recognize what -- what product or object is depicted here? A The iPod Touch. Q Was this the first iPod Touch? A I think so. Yes, I believe that is the case.

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Case5:11-cv-01846-LHK Document1438-3 Filed07/29/12 Page4 of 4

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No. 3 of 3 and concludes today's deposition of Chris Stringer. The time is 3:23 p.m., and we are off record. (WHEREUPON, the deposition ended at 3:23 p.m.) ---oOo---

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JURAT

I, CHRISTOPHER STRINGER, do hereby certify under penalty of perjury that I have read the foregoing transcript of my deposition taken on November 4, 2011; that I have made such corrections as appear noted herein in ink, initialed by me; that my testimony as contained herein, as corrected, is true and correct.

DATED this ____ day of _____________, 2011, at _____________________________, California.

__________________________________ SIGNATURE OF WITNESS

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1 2 3 I, ANDREA M. IGNACIO HOWARD, hereby certify 4 that the witness in the foregoing deposition was by me 5 duly sworn to tell the truth, the whole truth, and 6 nothing but the truth in the within-entitled cause; 7 8 That said deposition was taken in shorthand 9 by me, a Certified Shorthand Reporter of the State of 10 California, and was thereafter transcribed into 11 typewriting, and that the foregoing transcript 12 constitutes a full, true and correct report of said 13 deposition and of the proceedings which took place; 14 15 That I am a disinterested person to the said 16 action. 17 18 IN WITNESS WHEREOF, I have hereunto set my 19 hand this 4th day of November 2011. 20 21 _______________________________________ 22 ANDREA M. IGNACIO HOWARD, RPR, CCRR, CLR, CSR No. 983023 24 25

CERTIFICATE OF REPORTER

INDEX DEPOSITION OF CHRISTOPHER STRINGER EXAMINATION PAGE BY MR. ZELLER BY MR. JACOBS EXHIBITS EXHIBIT PAGE Exhibit 1161 Reply Declaration of Christopher 5 Stringer in support of Apple's Motion for a Preliminary injunction; 50 pgs. Exhibit 1162 Colored Photograph Ad of iPad 26 Thinner and Lighter; 1 pg. Exhibit 1163 U.S. Patent No. D627,777 S; 41 7 pgs. Exhibit 1164 U.S. Patent No. D637,596 S; 41 7 pgs. Exhibit 1165 U.S. Patent No. D621,825 S; 41 14 pgs. Exhibit 1166 Sketchbooks, Bates Nos. 41 APLNDC0000037650 - '95; 46 pgs.

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