Preview
FILED: NEW YORK COUNTY CLERK 11/21/2023 12:00 AM INDEX NO. 656312/2022
NYSCEF DOC. NO. 238 RECEIVED NYSCEF: 11/21/2023
EXHIBIT F
FILED: NEW YORK COUNTY CLERK 11/21/2023 12:00 AM INDEX NO. 656312/2022
NYSCEF DOC. NO. 238 RECEIVED NYSCEF: 11/21/2023
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1
2 SUPREME COURT OF THE STATE OF NEW YORK
3 COUNTY OF NEW YORK
4 Index No. 656312/2022
5 ------------------------------------x
6 SAMSUNG ELECTRONICS CO., LTD.,
7 Plaintiff,
8 - against -
9 MPEG LA, L.L.C.,
10 Defendant.
11 ------------------------------------x
12
13 May 2, 2023
14 8:04 a.m. Korean Standard Time
15
16
17
18
19 CONFIDENTIAL - ATTORNEYS' EYES ONLY
20
21 Remote video-teleconference deposition via Zoom of
22 SEUNGPYO SHIN, taken by Defendant, pursuant to notice,
23 before Jessica R. Perry, a Registered Professional
24 Reporter and Notary of the State of Hawaii.
25
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NYSCEF DOC. NO. 238 RECEIVED NYSCEF: 11/21/2023
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1 1
2 APPEARANCES
3 For the Plaintiff Samsung Electronics Co., Ltd.: 2 THE VIDEOGRAPHER: Good morning, good
4 KEVIN HARDY, ESQ. 3 afternoon and good evening. We're going on the record
Quinn Emanuel Urquhart & Sullivan, LLP 4 at 8:04 a m. Korean time on May 2, 2023. Audio and
5 1301 I Street, N.W.
Suite 900 5 video recording will continue to take place unless all
6 Washington, DC, 20005 6 parties agree to go off the record.
7 This is Media Volume 1 of the video
7
SAMUEL DONOHUE, ESQ. 8 recorded deposition of Seungpyo Shin, taken by counsel
8 Quinn Emanuel Urquhart & Sullivan, LLP 9 for the defendant in the matter of Samsung Electronics
51 Madison Avenue
9 22nd Floor
10 Company, Limited versus MPEG LA LLC filed in the
New York, New York 10010 11 Supreme Court of the United States of New York. This
10 12 deposition is being located in Seoul, South Korea.
11
12 For the Defendant MPEG LA, L.L.C.: 13 My name is Alan Nielsen, from the firm
13 DELTON VANDEVER, ESQ. 14 Veritext, and I'm the videographer. And the court
PHILIP TAYLOR, ESQ. 15 reporter is Jessica Perry, from the firm Veritext.
14 Windels Marx Lane & Mittendorf, LLP
156 West 56th Street 16 Counsel and all present in the room and
15 New York, New York 10019 17 everybody attending remotely will now state their
18 appearance and affiliations for the record. If there
16
17 19 are any objections to the proceeding, please state
18 Also Present: 20 them at the time of your appearance, beginning with
19 Eric Cha, Esq., Samsung
20 Alan Nielson, Videographer
21 the noticing attorney.
21 Sophie Jang, check interpreter 22 MR. VANDEVER: Delton Vandever, Windels
22 Jisu Kim, neutral interpreter 23 Marx for Defendant MPEG LA, and I'm here in this room
23
24 24 with my colleague Philip Taylor.
25 25 MR. HARDY: Kevin Hardy from Quinn
Page 3 Page 5
1 1
2 INDEX 2 Emanuel on behalf of Samsung, and with me is my
3 EXAMINATIONS PAGE 3 colleague Sam Donohue, also with Quinn Emanuel, and
4 Examination By Mr. Vandever 5
4 Eric Cha, who is in-house counsel for Samsung.
5
5 THE VIDEOGRAPHER: Thank you.
EXHIBITS
6 6 Will the court reporter please swear in
NO. DESCRIPTION PAGE 7 our interpreters and our witness.
7 8 (The interpreters were sworn to interpret from English
Exhibit 1 Amended complaint without the 12 9 to Korean and from Korean to English to the best of
8 attachments 10 their ability.)
9 Exhibit 2 Notice of deposition 51 11 SEUNGPYO SHIN,
10 Exhibit 3 Email Bates HEVC 102303-102304 55
12 the witness hereinbefore named, being first duly
11
13 cautioned and sworn to testify the truth, the whole
12
13 14 truth, and nothing but the truth, testified under oath
14 15 as follows:
15 16 THE VIDEOGRAPHER: Thank you. We may
16 17 proceed.
17 18 MR. VANDEVER: Thank you.
18 19 EXAMINATION
19 20 BY MR. VANDEVER:
20
21 Q. Good morning, Mr. Shin. My name is Delton
21
22 22 Vandever. I'm counsel for defendant MPEG LA.
23 23 Can you please state your full name and
24 24 address.
25 25 A. My name is Seungpyo Shin.
2 (Pages 2 - 5)
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NYSCEF DOC. NO. 238 RECEIVED NYSCEF: 11/21/2023
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1 SHIN - ATTORNEYS' EYES ONLY 1 SHIN - ATTORNEYS' EYES ONLY
2 THE INTERPRETER: Did you ask for the 2 Q. And are you sometimes required to communicate
3 address as well? 3 orally in English as part of your job at Samsung?
4 MR. VANDEVER: I did, yes. 4 A. Yes.
5 THE INTERPRETER: Oh, sorry. 5 Q. Have you ever been deposed before?
6 THE WITNESS: So the building you need, 6 A. This is my first time.
7 5412, ten -- 1003, street number 65, Dochung-ro -- 7 Q. Have you ever testified in court before?
8 I'll do it phonetically, D-O-C-H-U-N-G, R-O; 8 A. No.
9 Youngtong-gu, Y-O-U-N-G-T-O-N-G, G-U; Soowon-shi, 9 Q. Did you do anything to prepare for your
10 S-O-O-W-O-N -- W-O-N, S-H-I; Kyungki, K-Y-U-N-G-K-I 10 deposition today?
11 Province, South Korea. 11 A. I reviewed the complaint and the contract one
12 Q. Thank you. 12 more time.
13 I'll be asking you a series of questions 13 Q. Had you previously reviewed the complaint or
14 today. If you don't hear, will you let me know so I 14 contract?
15 can repeat the question? 15 A. Yes.
16 A. Okay. 16 Q. When did you first review the complaint?
17 Q. And if you don't understand a question, will 17 A. I reviewed the draft before Samsung filed the
18 you let me know so I can try to rephrase the question? 18 complaint in New York, and then I -- and then I
19 A. Okay. 19 reviewed again after complaint was filed.
20 Q. If you need a break at any time, please let me 20 Q. When did you most recently review it?
21 know. I would just ask that you finish answering any 21 A. This past weekend I reviewed it at home.
22 question first. Is that okay? 22 Q. And you said you reviewed a contract. What
23 A. Yes. 23 contract or contracts did you review?
24 Q. Are you suffering from any condition that 24 A. AAL and LAA, agreement among --
25 would impair your ability to answer my questions 25 CHECK INTERPRETER: Licensor.
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1 SHIN - ATTORNEYS' EYES ONLY 1 SHIN - ATTORNEYS' EYES ONLY
2 today? 2 THE WITNESS: LAA.
3 A. I'm feeling fine. 3 THE INTERPRETER: (Speaking in Korean.)
4 Q. Are you taking any medication or other 4 CHECK INTERPRETER: License Administrator
5 substance that would impair your ability to answer my 5 Agreement.
6 questions today? 6 THE INTERPRETER: Yeah. Thank you.
7 A. No. 7 MR. VANDEVER: Thank you.
8 Q. And who is in the room with you? 8 BY MR. VANDEVER:
9 A. So the attorney Kevin, Sam, interpreter 9 Q. Did you do anything else to prepare for your
10 Sophie, and my lawyer Jung Hoon Cha, J-U-N-G, H-O-O-N, 10 deposition?
11 C-H-A. 11 MR. HARDY: Mr. Shin, you can answer the
12 Q. Thank you. 12 question on a general level. I just want to caution
13 And is Korean your native language? 13 you not to reveal the substance of any attorney-client
14 A. Correct. 14 communications.
15 Q. Can you read English? 15 THE WITNESS: The attorneys on our side
16 A. Yes, I can. 16 reviewed the deposition process with me and I reviewed
17 Q. And can you write English? 17 the complaint and the contract with them.
18 A. Yes, I can. 18 CHECK INTERPRETER: Agreement.
19 Q. And are you sometimes required to read and 19 BY MR. VANDEVER:
20 write English as part of your job at Samsung? 20 Q. Thank you.
21 A. Yes. 21 Aside from what you've testified already, did
22 Q. And can you speak English? 22 you do anything else to prepare for the deposition?
23 A. Yes, I can. 23 A. No.
24 Q. And do you understand spoken English? 24 Q. When you reviewed the AAL, did you review
25 A. Yes. 25 particular sections?
3 (Pages 6 - 9)
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NYSCEF DOC. NO. 238 RECEIVED NYSCEF: 11/21/2023
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1 SHIN - ATTORNEYS' EYES ONLY 1 SHIN - ATTORNEYS' EYES ONLY
2 MR. HARDY: Objection. I just want to 2 Q. If I can direct your attention to premarked
3 instruct you, Mr. Shin, to exclude from your answer 3 Exhibit 1, which is a copy of the amended complaint
4 any communications or discussions you've had with 4 without the attachments. If you can open up your
5 counsel. If you reviewed particular sections of the 5 marked exhibit folder.
6 AAL on your own, you can tell Mr. Vandever that. 6 (Exhibit 1 marked.)
7 THE WITNESS: May I look at the contract? 7 THE WITNESS: Yes, I did.
8 BY MR. VANDEVER: 8 BY MR. VANDEVER:
9 Q. We'll come back to that question. 9 Q. Is this the complaint that you reviewed in
10 But did you look at particular sections when 10 preparation for your deposition?
11 you reviewed the contract? 11 A. Yes.
12 MR. HARDY: Same instruction, to exclude 12 Q. Did you provide any of the information to
13 from your answer any discussions with counsel. 13 draft the complaint?
14 THE WITNESS: So I reviewed royalty 14 MR. HARDY: Objection. Just give me a
15 distribution Section 5.1 and amendment Section 6.2, 15 second.
16 termination Section 7, and I don't remember the 16 I think as read, I'm going to instruct
17 section number, but I saw a section on survival. 17 the witness not to answer. Or as expressed, I'm going
18 CHECK INTERPRETER: Just clarification. 18 to instruct the witness not to answer that question on
19 (Speaking in Korean.) 19 the grounds of privilege.
20 THE INTERPRETER: The witness said 6.1. 20 BY MR. VANDEVER:
21 BY MR. VANDEVER: 21 Q. Did you provide counsel with any information
22 Q. Thank you. 22 in order to draft the complaint?
23 And did you review particular sections of the 23 MR. HARDY: Same objection and
24 LAA? 24 instruction not to answer that question on the grounds
25 MR. HARDY: Same objection, just to 25 of privilege.
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1 SHIN - ATTORNEYS' EYES ONLY 1 SHIN - ATTORNEYS' EYES ONLY
2 exclude from your answer any discussions with counsel. 2 MR. VANDEVER: I'm not asking what he
3 THE WITNESS: I reviewed Section 6.3, 3 provided. I'm just asking if he provided information.
4 which was related to responsibilities of MPEG, and 4 MR. HARDY: Fair enough.
5 also I don't remember the section number, but I saw a 5 You can answer that question yes or no,
6 section on survival. 6 but you should not elaborate.
7 THE INTERPRETER: Yeah, I guess you can 7 THE WITNESS: Okay.
8 say application. I wouldn't know without looking at 8 CHECK INTERPRETER: He said yes.
9 the contract. 9 THE INTERPRETER: May I clarify with the
10 CHECK INTERPRETER: Yeah, he said 10 witness?
11 (speaking in Korean), in Korean, that's what I meant. 11 THE WITNESS: Yes, correct, I did provide
12 THE INTERPRETER: Right. I -- I -- by -- 12 information.
13 by listening to the Korean words, it can be obligation 13 BY MR. VANDEVER:
14 or responsibility I wouldn't know. 14 Q. Do you know --
15 CHECK INTERPRETER: Can I just re-render 15 CHECK INTERPRETER: That was your
16 that, then, just to clarify? 16 question, right? He only said yes.
17 On the LAA I looked at 6.3, MPEG LA's 17 THE INTERPRETER: I'm sorry, I -- as an
18 obligation provision, and I looked at survival 18 interpreter I wanted to clarify.
19 provision, the number I don't recall. It was a 19 CHECK INTERPRETER: No, I know, but you
20 survival provision on the LAA. 20 clarified and he said yes. He didn't put anything
21 BY MR. VANDEVER: 21 beyond that, right?
22 Q. Thank you. 22 THE INTERPRETER: Okay. Well, but when
23 And aside from your attorneys, did you discuss 23 he said yes, I went the way he said it, that yes meant
24 your deposition with anyone? 24 he did provide information.
25 A. No. 25 CHECK INTERPRETER: No, that was your
4 (Pages 10 - 13)
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NYSCEF DOC. NO. 238 RECEIVED NYSCEF: 11/21/2023
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1 SHIN - ATTORNEYS' EYES ONLY 1 SHIN - ATTORNEYS' EYES ONLY
2 question. 2 CHECK INTERPRETER: Can I just suggest
3 THE INTERPRETER: Okay. 3 something?
4 BY MR. VANDEVER: 4 (Speaking in Korean.)
5 Q. Do you know if anybody else provided 5 THE INTERPRETER: Okay, so I will do it
6 information to counsel to draft the complaint? 6 from the beginning.
7 MR. HARDY: You can answer that question 7 THE WITNESS: Samsung exercised their
8 yes, no, or I don't know or I don't recall. 8 right to withdraw from the pool and MPEG LA violated a
9 THE WITNESS: I would like to ask a 9 contract with regard to the amendment. The procedure
10 question. Can I just answer to let you know if there 10 for the amendment was articulated in the contract, but
11 was anybody else or not? 11 they did not notify Samsung when they made amendment.
12 CHECK INTERPRETER: Do I just answer if 12 THE INTERPRETER: Thank you.
13 there was anybody else or not? 13 BY MR. VANDEVER:
14 BY MR. VANDEVER: 14 Q. And what contract -- I'm sorry?
15 Q. Yes. 15 MR. HARDY: I'm not sure the witness's
16 MR. HARDY: Yes, and you -- at this point 16 answer was finished. I'm sorry.
17 the answer to the -- if you recall that there was one 17 THE WITNESS: Okay, so I didn't finish
18 or more other persons who provided information to 18 answering your question, because my answer was long,
19 counsel to draft the complaint, your answer should 19 so I paused it.
20 just be yes without further elaboration, or no. 20 Although there was an amendment process
21 THE WITNESS: No. 21 was -- that was articulated in the contract, the
22 BY MR. VANDEVER: 22 process was not followed; therefore, Samsung's royalty
23 Q. What is your understanding of the claims 23 income was reduced to 50 percent, which caused damage
24 against MPEG LA? 24 to Samsung. So I think, in my opinion, MPEG LA
25 MR. HARDY: I just want to caution you in 25 violated the contract and caused damage to Samsung.
Page 15 Page 17
1 SHIN - ATTORNEYS' EYES ONLY 1 SHIN - ATTORNEYS' EYES ONLY
2 responding to the question not to reveal the substance 2 CHECK INTERPRETER: (Speaking in Korean.)
3 of any attorney-client communications or work product. 3 THE INTERPRETER: May I clarify with the
4 THE WITNESS: Samsung's position and my 4 witness?
5 position are explained in the complaint. 5 THE WITNESS: Yes, that's correct, it was
6 BY MR. VANDEVER: 6 reduced by 50 percent.
7 Q. Thank you. 7 BY MR. VANDEVER:
8 And what is your understanding of those claims 8 Q. And what contract do you believe MPEG LA
9 against MPEG LA? 9 violated?
10 MR. HARDY: Objection. I want to caution 10 MR. HARDY: I'm going to caution you,
11 you when you respond to the question, not to reveal 11 Mr. Shin, in responding to the question, not to reveal
12 the substance of any attorney-client communications or 12 the substance of any attorney-client communications or
13 attorney work product. 13 attorney work product.
14 THE WITNESS: Samsung has a right to 14 THE WITNESS: So MPEG LA violated LAA,
15 exercise its right as regard to pool, to the pool and 15 licensing administrator agreement. Also, they
16 MPEG LA violated the contract with regard to the 16 violated AAL.
17 amendment. The procedure for the amendment was 17 BY MR. VANDEVER:
18 articulated in the contract, but they did not notify 18 Q. What provision of the AAL do you believe they
19 Samsung when they made amendment. 19 violated?
20 CHECK INTERPRETER: Can I clarify 20 MR. HARDY: Same instruction not to
21 something with you? 21 reveal the substance of any attorney-client
22 (Speaking in Korean.) 22 communications or attorney work product.
23 THE INTERPRETER: Yeah. 23 THE WITNESS: Section 6.1 on amendment
24 THE WITNESS: So Samsung exercise its 24 and Section 7 on voluntary termination in AAL
25 right with regard to withdrawing from the pool. 25 contract.
5 (Pages 14 - 17)
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2 BY MR. VANDEVER: 2 THE WITNESS: It was explained in the
3 Q. And is MPEG LA a party to the AAL? 3 complaint.
4 A. AA -- sorry, MPEG LA is not a party to the 4 BY MR. VANDEVER:
5 AAL. 5 Q. My question was, has Samsung sued MPEG LA for
6 Q. So how could MPEG LA violate the AAL if it is 6 breach of the AAL?
7 not a party to the AAL? 7 MR. HARDY: Objection. Asked and
8 MR. HARDY: Objection. I want to 8 answered.
9 instruct you to exclude from your answer any 9 THE WITNESS: I explained -- I answered
10 conversations or discussions with counsel, and any 10 it earlier.
11 attorney-client communications or work product. 11 BY MR. VANDEVER:
12 THE WITNESS: When the contract has to be 12 Q. You did not answer the question, sir. It's a
13 amended, licensors have to have a discussion and then 13 yes-or-no question.
14 amend it, but MPEG LA did not do so. They assigned -- 14 Did MPEG LA -- did Samsung sue MPEG LA for
15 they signed the document even when they were not a 15 breach of the AAL?
16 party and -- and then -- and then they went ahead with 16 MR. HARDY: Just objection. He did
17 the royalty. So that's why I think that they violated 17 answer the question. You're asking a lay witness for
18 the contract. 18 his lay understanding of the complaint, which he's
19 BY MR. VANDEVER: 19 provided.
20 Q. And you think they breached the AAL? 20 But you can answer again, Mr. Shin.
21 CHECK INTERPRETER: Can I -- can I just 21 MR. VANDEVER: I'm not asking a lay
22 re-render that please. 22 witness for his lay understanding of the complaint.
23 First of all, when an agreement has to be 23 I'm asking whether Samsung has sued MPEG LA for breach
24 amended, there has to be a discussion or consultation 24 of the AAL. That's a pretty general question,
25 among licensors before proceeding with that, but MPEG 25 Mr. Hardy.
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1 SHIN - ATTORNEYS' EYES ONLY 1 SHIN - ATTORNEYS' EYES ONLY
2 LA did not make any effort to do so, and amendment are 2 MR. HARDY: I disagree with you.
3 something that is actually carried out by licensors. 3 THE WITNESS: Yes, not only AAL, but also
4 But despite that, MPEG LA signed the amendment, even 4 LAA was violated.
5 though MPEG LA is not a party to AAL. By signing 5 BY MR. VANDEVER:
6 this, in effect they reduced the royalty and this act 6 Q. And my question is, did Samsung sue MPEG LA
7 itself is a violation or breach. 7 for breach of the AAL?
8 BY MR. VANDEVER: 8 MR. HARDY: Objection. Asked and
9 Q. And you believe that's a violation of the AAL? 9 answered.
10 A. Yes, I think so. 10 THE WITNESS: My answer is the same.
11 Q. And has Samsung sued MPEG LA for breach of the 11 BY MR. VANDEVER:
12 AAL? 12 Q. You're not answering the question, sir.
13 MR. HARDY: Objection to form. 13 MR. HARDY: Mr. Vandever, he answered yes
14 THE WITNESS: Do I have to answer this? 14 to your question. His understanding may or may not be
15 BY MR. VANDEVER: 15 correct and you can debate with him what's on the face
16 Q. Yes. 16 of the complaint, but you asked him a question and his
17 A. Both AAL, as for both the AAL and LAA, MPEG 17 answer was yes.
18 violated the contract. And also our position is 18 MR. VANDEVER: I did not -- I did not
19 explained in the complaint. 19 hear that, Mr. Hardy. If that's the case, then I
20 Q. And the complaint does not sue for breach of 20 apologize. Perhaps he can just repeat his answer yes.
21 the AAL, does it? 21 I'll ask the question again.
22 MR. HARDY: Objection to form. If I make 22 BY MR. VANDEVER:
23 an objection to form, that's -- that's for the record, 23 Q. Did Samsung sue MPEG LA for breach of the AAL?
24 but if you understand the question, then you should 24 MR. HARDY: Objection to form.
25 provide a response to Mr. Vandever. 25 THE WITNESS: Yes.
6 (Pages 18 - 21)
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2 BY MR. VANDEVER: 2 MR. HARDY: Objection to form. And I
3 Q. You believe that MPEG LA breached the LAA as 3 want to caution you not to reveal the substance of any
4 well; is that correct? 4 attorney-client communications or attorney work
5 A. Yes, LAA was also violated. 5 product.
6 Q. And how do you think MPEG LA violated the LAA? 6 THE WITNESS: Because of MPEG, the
7 MR. HARDY: I'm going to caution you in 7 royalty -- royalty was reduced by 50 percent, which
8 responding to the question not to reveal the substance 8 caused us damage. And the royalty income -- so first
9 of any attorney-client communications or attorney work 9 of all, the royalty income was reduced by 50 percent.
10 product. 10 And so -- so with regard to amendment, some -- when
11 THE WITNESS: Our position was explained 11 Samsung was -- was in discussion with the patent pool,
12 in the complaint, but in my opinion, MPEG LA should 12 this led to the obstacles and made things very
13 distribute royalty among licensors according to LAA, 13 complicated and it caused mental damage. In the end,
14 especially according to ALL [sic] Section 5.1 on 14 things got complicated which led to damage.
15 royalty. According to that, the party that withdrew 15 CHECK INTERPRETER: I'd like to re-render
16 from the pool has -- the licensors that withdraw from 16 that, please.
17 the pool, they have a right to get the royalty, but it 17 Since MPEG LA reduced royalty revenue by
18 was not carried out and the ALL Section 5.1 on royalty 18 50 percent, this created a lot of damages for us
19 distribution was not altered. But even though it was 19 because the actual revenue income has dropped by
20 not altered, according to 5. -- Section 5.1 royalty 20 50 percent. And with regard to amendment, it created
21 should have been distributed, but it was not carried 21 significant difficulty in terms of obstacle or
22 out that way. 22 impairment because Samsung had to work with other
23 CHECK INTERPRETER: I'd like to re-render 23 patent pools in terms of discussion and this got
24 that, please. 24 complicated. So as someone carrying out this work,
25 Our position is described in the 25 this created mental or emotional difficulties and
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1 SHIN - ATTORNEYS' EYES ONLY 1 SHIN - ATTORNEYS' EYES ONLY
2 complaint, but to provide my opinion, MPEG LA had the 2 created complications. So I think that's a big
3 obligation to distribute royalty to licensors 3 damage.
4 according to LAA agreement, and the distribution of 4 BY MR. VANDEVER:
5 royalty is in accordance with the Section 5.1 of AAL 5 Q. And with respect to the emotional or mental
6 where it says that terminating licensors are also 6 damages, is that something you suffered or is that
7 obligated to be given royalties, but it did not 7 something Samsung suffered?
8 provide that and Section 5.1 is related to royalty 8 A. This -- this definitely caused damage to
9 distribution. The content of that section has not 9 Samsung when Samsung had to participate in the
10 been changed, yet the terminating licensors did not 10 discussion with the other parties in the pool. This
11 receive the royalty distribution that's due to them in 11 narrowed Samsung's position, which led to damages for
12 accordance with 5.1. That did not happen and that's 12 Samsung. And as a person in charge, I suffered from
13 why I believe it's been breached. 13 mental damage.
14 BY MR. VANDEVER: 14 Q. What --
15 Q. Thank you. 15 CHECK INTERPRETER: Sorry, I would like
16 And aside from what you've already testified 16 to re-render that.
17 to, do you have any other -- any further understanding 17 For Samsung the damage would be because
18 of the claims by Samsung against MPEG LA? 18 of the difficulty it had to deal with in terms of
19 MR. HARDY: Objection to form. And I 19 reduction in the 50 percent royalty. And also in its
20 want to caution you not reveal the substance of any 20 position, it gave it less room in having discussion
21 attorney-client communication or attorney work 21 with other pools, and as someone working with this
22 product. 22 responsibility, this caused mental distress for me.
23 THE WITNESS: No. 23 BY MR. VANDEVER:
24 BY MR. VANDEVER: 24 Q. What other pools are you talking about?
25 Q. What does Samsung believe are its damages? 25 A. So the other pools that Access Advance is
7 (Pages 22 - 25)
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NYSCEF DOC. NO. 238 RECEIVED NYSCEF: 11/21/2023
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2 operating with regard to HEVC video project. 2 Q. Why did you not calculate it before today's
3 CHECK INTERPRETER: Video codec. 3 deposition?
4 THE INTERPRETER: Video codec? Okay, 4 MR. HARDY: Objection to form.
5 video codec. 5 THE WITNESS: The amount is the result of
6 CHECK INTERPRETER: Can I just clarify 6 MPEG LA reducing the royalty income, so the damage is
7 that? HEVC video codec related pool that is operated 7 ongoing, so this needs to be calculated, continues to
8 by Access Advance. 8 be calculated.
9 MR. HARDY: For the interpreter's 9 CHECK INTERPRETER: That is because of
10 benefit, codec is a term of art, C-O-D-E-C. 10 the damages that arises from MPEG LA's royalty
11 THE INTERPRETER: Okay, thank you. 11 reduction. On top of that, there is basically an
12 MR. HARDY: Mr. Vandever, if you're 12 ongoing damage that is occurring and this is something
13 getting close to a spot where we could take a short 13 that needs to be calculated continuously, that's why.
14 break, a short break, that would be great. 14 BY MR. VANDEVER:
15 MR. VANDEVER: Sure, we can take a break 15 Q. What are the ongoing damages?
16 now if you'd like. 16 A. There's damages with regard to MPEG pool and
17 THE VIDEOGRAPHER: And we're going off 17 Access Advance, so there's overlapping licensing so
18 the record at 9:13 a m. 18 the damages are a result of the overlapping of those
19 (Recess taken.) 19 licensing.
20 THE VIDEOGRAPHER: We are back on the 20 CHECK INTERPRETER: I'd like to re-render
21 record at 9:28 a m. 21 that.
22 BY MR. VANDEVER: 22 There are MPEG LA pool and Access Advance
23 Q. And, Mr. Shin, you testified that MPEG LA 23 pool, and there are basically two pools where dual --
24 caused Samsung damages in its dealings with Access 24 there are dual licenses who are paying into both
25 Advance; is that correct? 25 pools, and because of that there are issues related to
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2 MR. HARDY: Objection to form. 2 this in terms of damage.
3 You can answer. 3 BY MR. VANDEVER:
4 THE WITNESS: Yes, correct. 4 Q. Okay. But you understand you're here to
5 BY MR. VANDEVER: 5 testify about damages today, correct?
6 Q. What are the amount of those damages? 6 A. Correct.
7 MR. HARDY: Objection to form. 7 Q. So with respect to the Access Advance pool,
8 THE WITNESS: That needs to be 8 what are your damages that are caused by MPEG LA?
9 calculated. It's hard to do so now. 9 A. I didn't understand the question.
10 BY MR. VANDEVER: 10 Q. Do you contend that MPEG LA has caused you
11 Q. You understand that you're the corporate 11 damages with respect to your dealings in the Access
12 representative for Samsung who is designated to speak 12 Advance pool?
13 on damages? 13 A. Yes.
14 MR. HARDY: Objection to form. 14 Q. What are the nature of those damages?
15 THE WITNESS: Correct. 15 MR. HARDY: Objection to form.
16 BY MR. VANDEVER: 16 THE WITNESS: Before Samsung withdrew
17 Q. But you don't know how much the damages are as 17 from MPEG pool, Samsung was a dual licensor. That
18 you sit here today? 18 means -- that means they get the royalty, pay royalty
19 A. Correct. That needs to be calculated. The 19 to two -- to both pools, and so when -- so when
20
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FILED: NEW YORK COUNTY CLERK 11/21/2023 12:00 AM INDEX NO. 656312/2022 NYSCEF DOC. NO. 238 RECEIVED NYSCEF: 11/21/2023 EXHIBIT F FILED: NEW YORK COUNTY CLERK 11/21/2023 12:00 AM INDEX NO. 656312/2022 NYSCEF DOC. NO. 238 RECEIVED NYSCEF: 11/21/2023 Page 1 1 2 SUPREME COURT OF THE STATE OF NEW YORK 3 COUNTY OF NEW YORK 4 Index No. 656312/2022 5 ------------------------------------x 6 SAMSUNG ELECTRONICS CO., LTD., 7 Plaintiff, 8 - against - 9 MPEG LA, L.L.C., 10 Defendant. 11 ------------------------------------x 12 13 May 2, 2023 14 8:04 a.m. Korean Standard Time 15 16 17 18 19 CONFIDENTIAL - ATTORNEYS' EYES ONLY 20 21 Remote video-teleconference deposition via Zoom of 22 SEUNGPYO SHIN, taken by Defendant, pursuant to notice, 23 before Jessica R. Perry, a Registered Professional 24 Reporter and Notary of the State of Hawaii. 25 Veritext Legal Solutions 212-279-9424 www.veritext.com 212-490-3430 FILED: NEW YORK COUNTY CLERK 11/21/2023 12:00 AM INDEX NO. 656312/2022 NYSCEF DOC. NO. 238 RECEIVED NYSCEF: 11/21/2023 Page 2 Page 4 1 1 2 APPEARANCES 3 For the Plaintiff Samsung Electronics Co., Ltd.: 2 THE VIDEOGRAPHER: Good morning, good 4 KEVIN HARDY, ESQ. 3 afternoon and good evening. We're going on the record Quinn Emanuel Urquhart & Sullivan, LLP 4 at 8:04 a m. Korean time on May 2, 2023. Audio and 5 1301 I Street, N.W. Suite 900 5 video recording will continue to take place unless all 6 Washington, DC, 20005 6 parties agree to go off the record. 7 This is Media Volume 1 of the video 7 SAMUEL DONOHUE, ESQ. 8 recorded deposition of Seungpyo Shin, taken by counsel 8 Quinn Emanuel Urquhart & Sullivan, LLP 9 for the defendant in the matter of Samsung Electronics 51 Madison Avenue 9 22nd Floor 10 Company, Limited versus MPEG LA LLC filed in the New York, New York 10010 11 Supreme Court of the United States of New York. This 10 12 deposition is being located in Seoul, South Korea. 11 12 For the Defendant MPEG LA, L.L.C.: 13 My name is Alan Nielsen, from the firm 13 DELTON VANDEVER, ESQ. 14 Veritext, and I'm the videographer. And the court PHILIP TAYLOR, ESQ. 15 reporter is Jessica Perry, from the firm Veritext. 14 Windels Marx Lane & Mittendorf, LLP 156 West 56th Street 16 Counsel and all present in the room and 15 New York, New York 10019 17 everybody attending remotely will now state their 18 appearance and affiliations for the record. If there 16 17 19 are any objections to the proceeding, please state 18 Also Present: 20 them at the time of your appearance, beginning with 19 Eric Cha, Esq., Samsung 20 Alan Nielson, Videographer 21 the noticing attorney. 21 Sophie Jang, check interpreter 22 MR. VANDEVER: Delton Vandever, Windels 22 Jisu Kim, neutral interpreter 23 Marx for Defendant MPEG LA, and I'm here in this room 23 24 24 with my colleague Philip Taylor. 25 25 MR. HARDY: Kevin Hardy from Quinn Page 3 Page 5 1 1 2 INDEX 2 Emanuel on behalf of Samsung, and with me is my 3 EXAMINATIONS PAGE 3 colleague Sam Donohue, also with Quinn Emanuel, and 4 Examination By Mr. Vandever 5 4 Eric Cha, who is in-house counsel for Samsung. 5 5 THE VIDEOGRAPHER: Thank you. EXHIBITS 6 6 Will the court reporter please swear in NO. DESCRIPTION PAGE 7 our interpreters and our witness. 7 8 (The interpreters were sworn to interpret from English Exhibit 1 Amended complaint without the 12 9 to Korean and from Korean to English to the best of 8 attachments 10 their ability.) 9 Exhibit 2 Notice of deposition 51 11 SEUNGPYO SHIN, 10 Exhibit 3 Email Bates HEVC 102303-102304 55 12 the witness hereinbefore named, being first duly 11 13 cautioned and sworn to testify the truth, the whole 12 13 14 truth, and nothing but the truth, testified under oath 14 15 as follows: 15 16 THE VIDEOGRAPHER: Thank you. We may 16 17 proceed. 17 18 MR. VANDEVER: Thank you. 18 19 EXAMINATION 19 20 BY MR. VANDEVER: 20 21 Q. Good morning, Mr. Shin. My name is Delton 21 22 22 Vandever. I'm counsel for defendant MPEG LA. 23 23 Can you please state your full name and 24 24 address. 25 25 A. My name is Seungpyo Shin. 2 (Pages 2 - 5) Veritext Legal Solutions 212-279-9424 www.veritext.com 212-490-3430 FILED: NEW YORK COUNTY CLERK 11/21/2023 12:00 AM INDEX NO. 656312/2022 NYSCEF DOC. NO. 238 RECEIVED NYSCEF: 11/21/2023 Page 6 Page 8 1 SHIN - ATTORNEYS' EYES ONLY 1 SHIN - ATTORNEYS' EYES ONLY 2 THE INTERPRETER: Did you ask for the 2 Q. And are you sometimes required to communicate 3 address as well? 3 orally in English as part of your job at Samsung? 4 MR. VANDEVER: I did, yes. 4 A. Yes. 5 THE INTERPRETER: Oh, sorry. 5 Q. Have you ever been deposed before? 6 THE WITNESS: So the building you need, 6 A. This is my first time. 7 5412, ten -- 1003, street number 65, Dochung-ro -- 7 Q. Have you ever testified in court before? 8 I'll do it phonetically, D-O-C-H-U-N-G, R-O; 8 A. No. 9 Youngtong-gu, Y-O-U-N-G-T-O-N-G, G-U; Soowon-shi, 9 Q. Did you do anything to prepare for your 10 S-O-O-W-O-N -- W-O-N, S-H-I; Kyungki, K-Y-U-N-G-K-I 10 deposition today? 11 Province, South Korea. 11 A. I reviewed the complaint and the contract one 12 Q. Thank you. 12 more time. 13 I'll be asking you a series of questions 13 Q. Had you previously reviewed the complaint or 14 today. If you don't hear, will you let me know so I 14 contract? 15 can repeat the question? 15 A. Yes. 16 A. Okay. 16 Q. When did you first review the complaint? 17 Q. And if you don't understand a question, will 17 A. I reviewed the draft before Samsung filed the 18 you let me know so I can try to rephrase the question? 18 complaint in New York, and then I -- and then I 19 A. Okay. 19 reviewed again after complaint was filed. 20 Q. If you need a break at any time, please let me 20 Q. When did you most recently review it? 21 know. I would just ask that you finish answering any 21 A. This past weekend I reviewed it at home. 22 question first. Is that okay? 22 Q. And you said you reviewed a contract. What 23 A. Yes. 23 contract or contracts did you review? 24 Q. Are you suffering from any condition that 24 A. AAL and LAA, agreement among -- 25 would impair your ability to answer my questions 25 CHECK INTERPRETER: Licensor. Page 7 Page 9 1 SHIN - ATTORNEYS' EYES ONLY 1 SHIN - ATTORNEYS' EYES ONLY 2 today? 2 THE WITNESS: LAA. 3 A. I'm feeling fine. 3 THE INTERPRETER: (Speaking in Korean.) 4 Q. Are you taking any medication or other 4 CHECK INTERPRETER: License Administrator 5 substance that would impair your ability to answer my 5 Agreement. 6 questions today? 6 THE INTERPRETER: Yeah. Thank you. 7 A. No. 7 MR. VANDEVER: Thank you. 8 Q. And who is in the room with you? 8 BY MR. VANDEVER: 9 A. So the attorney Kevin, Sam, interpreter 9 Q. Did you do anything else to prepare for your 10 Sophie, and my lawyer Jung Hoon Cha, J-U-N-G, H-O-O-N, 10 deposition? 11 C-H-A. 11 MR. HARDY: Mr. Shin, you can answer the 12 Q. Thank you. 12 question on a general level. I just want to caution 13 And is Korean your native language? 13 you not to reveal the substance of any attorney-client 14 A. Correct. 14 communications. 15 Q. Can you read English? 15 THE WITNESS: The attorneys on our side 16 A. Yes, I can. 16 reviewed the deposition process with me and I reviewed 17 Q. And can you write English? 17 the complaint and the contract with them. 18 A. Yes, I can. 18 CHECK INTERPRETER: Agreement. 19 Q. And are you sometimes required to read and 19 BY MR. VANDEVER: 20 write English as part of your job at Samsung? 20 Q. Thank you. 21 A. Yes. 21 Aside from what you've testified already, did 22 Q. And can you speak English? 22 you do anything else to prepare for the deposition? 23 A. Yes, I can. 23 A. No. 24 Q. And do you understand spoken English? 24 Q. When you reviewed the AAL, did you review 25 A. Yes. 25 particular sections? 3 (Pages 6 - 9) Veritext Legal Solutions 212-279-9424 www.veritext.com 212-490-3430 FILED: NEW YORK COUNTY CLERK 11/21/2023 12:00 AM INDEX NO. 656312/2022 NYSCEF DOC. NO. 238 RECEIVED NYSCEF: 11/21/2023 Page 10 Page 12 1 SHIN - ATTORNEYS' EYES ONLY 1 SHIN - ATTORNEYS' EYES ONLY 2 MR. HARDY: Objection. I just want to 2 Q. If I can direct your attention to premarked 3 instruct you, Mr. Shin, to exclude from your answer 3 Exhibit 1, which is a copy of the amended complaint 4 any communications or discussions you've had with 4 without the attachments. If you can open up your 5 counsel. If you reviewed particular sections of the 5 marked exhibit folder. 6 AAL on your own, you can tell Mr. Vandever that. 6 (Exhibit 1 marked.) 7 THE WITNESS: May I look at the contract? 7 THE WITNESS: Yes, I did. 8 BY MR. VANDEVER: 8 BY MR. VANDEVER: 9 Q. We'll come back to that question. 9 Q. Is this the complaint that you reviewed in 10 But did you look at particular sections when 10 preparation for your deposition? 11 you reviewed the contract? 11 A. Yes. 12 MR. HARDY: Same instruction, to exclude 12 Q. Did you provide any of the information to 13 from your answer any discussions with counsel. 13 draft the complaint? 14 THE WITNESS: So I reviewed royalty 14 MR. HARDY: Objection. Just give me a 15 distribution Section 5.1 and amendment Section 6.2, 15 second. 16 termination Section 7, and I don't remember the 16 I think as read, I'm going to instruct 17 section number, but I saw a section on survival. 17 the witness not to answer. Or as expressed, I'm going 18 CHECK INTERPRETER: Just clarification. 18 to instruct the witness not to answer that question on 19 (Speaking in Korean.) 19 the grounds of privilege. 20 THE INTERPRETER: The witness said 6.1. 20 BY MR. VANDEVER: 21 BY MR. VANDEVER: 21 Q. Did you provide counsel with any information 22 Q. Thank you. 22 in order to draft the complaint? 23 And did you review particular sections of the 23 MR. HARDY: Same objection and 24 LAA? 24 instruction not to answer that question on the grounds 25 MR. HARDY: Same objection, just to 25 of privilege. Page 11 Page 13 1 SHIN - ATTORNEYS' EYES ONLY 1 SHIN - ATTORNEYS' EYES ONLY 2 exclude from your answer any discussions with counsel. 2 MR. VANDEVER: I'm not asking what he 3 THE WITNESS: I reviewed Section 6.3, 3 provided. I'm just asking if he provided information. 4 which was related to responsibilities of MPEG, and 4 MR. HARDY: Fair enough. 5 also I don't remember the section number, but I saw a 5 You can answer that question yes or no, 6 section on survival. 6 but you should not elaborate. 7 THE INTERPRETER: Yeah, I guess you can 7 THE WITNESS: Okay. 8 say application. I wouldn't know without looking at 8 CHECK INTERPRETER: He said yes. 9 the contract. 9 THE INTERPRETER: May I clarify with the 10 CHECK INTERPRETER: Yeah, he said 10 witness? 11 (speaking in Korean), in Korean, that's what I meant. 11 THE WITNESS: Yes, correct, I did provide 12 THE INTERPRETER: Right. I -- I -- by -- 12 information. 13 by listening to the Korean words, it can be obligation 13 BY MR. VANDEVER: 14 or responsibility I wouldn't know. 14 Q. Do you know -- 15 CHECK INTERPRETER: Can I just re-render 15 CHECK INTERPRETER: That was your 16 that, then, just to clarify? 16 question, right? He only said yes. 17 On the LAA I looked at 6.3, MPEG LA's 17 THE INTERPRETER: I'm sorry, I -- as an 18 obligation provision, and I looked at survival 18 interpreter I wanted to clarify. 19 provision, the number I don't recall. It was a 19 CHECK INTERPRETER: No, I know, but you 20 survival provision on the LAA. 20 clarified and he said yes. He didn't put anything 21 BY MR. VANDEVER: 21 beyond that, right? 22 Q. Thank you. 22 THE INTERPRETER: Okay. Well, but when 23 And aside from your attorneys, did you discuss 23 he said yes, I went the way he said it, that yes meant 24 your deposition with anyone? 24 he did provide information. 25 A. No. 25 CHECK INTERPRETER: No, that was your 4 (Pages 10 - 13) Veritext Legal Solutions 212-279-9424 www.veritext.com 212-490-3430 FILED: NEW YORK COUNTY CLERK 11/21/2023 12:00 AM INDEX NO. 656312/2022 NYSCEF DOC. NO. 238 RECEIVED NYSCEF: 11/21/2023 Page 14 Page 16 1 SHIN - ATTORNEYS' EYES ONLY 1 SHIN - ATTORNEYS' EYES ONLY 2 question. 2 CHECK INTERPRETER: Can I just suggest 3 THE INTERPRETER: Okay. 3 something? 4 BY MR. VANDEVER: 4 (Speaking in Korean.) 5 Q. Do you know if anybody else provided 5 THE INTERPRETER: Okay, so I will do it 6 information to counsel to draft the complaint? 6 from the beginning. 7 MR. HARDY: You can answer that question 7 THE WITNESS: Samsung exercised their 8 yes, no, or I don't know or I don't recall. 8 right to withdraw from the pool and MPEG LA violated a 9 THE WITNESS: I would like to ask a 9 contract with regard to the amendment. The procedure 10 question. Can I just answer to let you know if there 10 for the amendment was articulated in the contract, but 11 was anybody else or not? 11 they did not notify Samsung when they made amendment. 12 CHECK INTERPRETER: Do I just answer if 12 THE INTERPRETER: Thank you. 13 there was anybody else or not? 13 BY MR. VANDEVER: 14 BY MR. VANDEVER: 14 Q. And what contract -- I'm sorry? 15 Q. Yes. 15 MR. HARDY: I'm not sure the witness's 16 MR. HARDY: Yes, and you -- at this point 16 answer was finished. I'm sorry. 17 the answer to the -- if you recall that there was one 17 THE WITNESS: Okay, so I didn't finish 18 or more other persons who provided information to 18 answering your question, because my answer was long, 19 counsel to draft the complaint, your answer should 19 so I paused it. 20 just be yes without further elaboration, or no. 20 Although there was an amendment process 21 THE WITNESS: No. 21 was -- that was articulated in the contract, the 22 BY MR. VANDEVER: 22 process was not followed; therefore, Samsung's royalty 23 Q. What is your understanding of the claims 23 income was reduced to 50 percent, which caused damage 24 against MPEG LA? 24 to Samsung. So I think, in my opinion, MPEG LA 25 MR. HARDY: I just want to caution you in 25 violated the contract and caused damage to Samsung. Page 15 Page 17 1 SHIN - ATTORNEYS' EYES ONLY 1 SHIN - ATTORNEYS' EYES ONLY 2 responding to the question not to reveal the substance 2 CHECK INTERPRETER: (Speaking in Korean.) 3 of any attorney-client communications or work product. 3 THE INTERPRETER: May I clarify with the 4 THE WITNESS: Samsung's position and my 4 witness? 5 position are explained in the complaint. 5 THE WITNESS: Yes, that's correct, it was 6 BY MR. VANDEVER: 6 reduced by 50 percent. 7 Q. Thank you. 7 BY MR. VANDEVER: 8 And what is your understanding of those claims 8 Q. And what contract do you believe MPEG LA 9 against MPEG LA? 9 violated? 10 MR. HARDY: Objection. I want to caution 10 MR. HARDY: I'm going to caution you, 11 you when you respond to the question, not to reveal 11 Mr. Shin, in responding to the question, not to reveal 12 the substance of any attorney-client communications or 12 the substance of any attorney-client communications or 13 attorney work product. 13 attorney work product. 14 THE WITNESS: Samsung has a right to 14 THE WITNESS: So MPEG LA violated LAA, 15 exercise its right as regard to pool, to the pool and 15 licensing administrator agreement. Also, they 16 MPEG LA violated the contract with regard to the 16 violated AAL. 17 amendment. The procedure for the amendment was 17 BY MR. VANDEVER: 18 articulated in the contract, but they did not notify 18 Q. What provision of the AAL do you believe they 19 Samsung when they made amendment. 19 violated? 20 CHECK INTERPRETER: Can I clarify 20 MR. HARDY: Same instruction not to 21 something with you? 21 reveal the substance of any attorney-client 22 (Speaking in Korean.) 22 communications or attorney work product. 23 THE INTERPRETER: Yeah. 23 THE WITNESS: Section 6.1 on amendment 24 THE WITNESS: So Samsung exercise its 24 and Section 7 on voluntary termination in AAL 25 right with regard to withdrawing from the pool. 25 contract. 5 (Pages 14 - 17) Veritext Legal Solutions 212-279-9424 www.veritext.com 212-490-3430 FILED: NEW YORK COUNTY CLERK 11/21/2023 12:00 AM INDEX NO. 656312/2022 NYSCEF DOC. NO. 238 RECEIVED NYSCEF: 11/21/2023 Page 18 Page 20 1 SHIN - ATTORNEYS' EYES ONLY 1 SHIN - ATTORNEYS' EYES ONLY 2 BY MR. VANDEVER: 2 THE WITNESS: It was explained in the 3 Q. And is MPEG LA a party to the AAL? 3 complaint. 4 A. AA -- sorry, MPEG LA is not a party to the 4 BY MR. VANDEVER: 5 AAL. 5 Q. My question was, has Samsung sued MPEG LA for 6 Q. So how could MPEG LA violate the AAL if it is 6 breach of the AAL? 7 not a party to the AAL? 7 MR. HARDY: Objection. Asked and 8 MR. HARDY: Objection. I want to 8 answered. 9 instruct you to exclude from your answer any 9 THE WITNESS: I explained -- I answered 10 conversations or discussions with counsel, and any 10 it earlier. 11 attorney-client communications or work product. 11 BY MR. VANDEVER: 12 THE WITNESS: When the contract has to be 12 Q. You did not answer the question, sir. It's a 13 amended, licensors have to have a discussion and then 13 yes-or-no question. 14 amend it, but MPEG LA did not do so. They assigned -- 14 Did MPEG LA -- did Samsung sue MPEG LA for 15 they signed the document even when they were not a 15 breach of the AAL? 16 party and -- and then -- and then they went ahead with 16 MR. HARDY: Just objection. He did 17 the royalty. So that's why I think that they violated 17 answer the question. You're asking a lay witness for 18 the contract. 18 his lay understanding of the complaint, which he's 19 BY MR. VANDEVER: 19 provided. 20 Q. And you think they breached the AAL? 20 But you can answer again, Mr. Shin. 21 CHECK INTERPRETER: Can I -- can I just 21 MR. VANDEVER: I'm not asking a lay 22 re-render that please. 22 witness for his lay understanding of the complaint. 23 First of all, when an agreement has to be 23 I'm asking whether Samsung has sued MPEG LA for breach 24 amended, there has to be a discussion or consultation 24 of the AAL. That's a pretty general question, 25 among licensors before proceeding with that, but MPEG 25 Mr. Hardy. Page 19 Page 21 1 SHIN - ATTORNEYS' EYES ONLY 1 SHIN - ATTORNEYS' EYES ONLY 2 LA did not make any effort to do so, and amendment are 2 MR. HARDY: I disagree with you. 3 something that is actually carried out by licensors. 3 THE WITNESS: Yes, not only AAL, but also 4 But despite that, MPEG LA signed the amendment, even 4 LAA was violated. 5 though MPEG LA is not a party to AAL. By signing 5 BY MR. VANDEVER: 6 this, in effect they reduced the royalty and this act 6 Q. And my question is, did Samsung sue MPEG LA 7 itself is a violation or breach. 7 for breach of the AAL? 8 BY MR. VANDEVER: 8 MR. HARDY: Objection. Asked and 9 Q. And you believe that's a violation of the AAL? 9 answered. 10 A. Yes, I think so. 10 THE WITNESS: My answer is the same. 11 Q. And has Samsung sued MPEG LA for breach of the 11 BY MR. VANDEVER: 12 AAL? 12 Q. You're not answering the question, sir. 13 MR. HARDY: Objection to form. 13 MR. HARDY: Mr. Vandever, he answered yes 14 THE WITNESS: Do I have to answer this? 14 to your question. His understanding may or may not be 15 BY MR. VANDEVER: 15 correct and you can debate with him what's on the face 16 Q. Yes. 16 of the complaint, but you asked him a question and his 17 A. Both AAL, as for both the AAL and LAA, MPEG 17 answer was yes. 18 violated the contract. And also our position is 18 MR. VANDEVER: I did not -- I did not 19 explained in the complaint. 19 hear that, Mr. Hardy. If that's the case, then I 20 Q. And the complaint does not sue for breach of 20 apologize. Perhaps he can just repeat his answer yes. 21 the AAL, does it? 21 I'll ask the question again. 22 MR. HARDY: Objection to form. If I make 22 BY MR. VANDEVER: 23 an objection to form, that's -- that's for the record, 23 Q. Did Samsung sue MPEG LA for breach of the AAL? 24 but if you understand the question, then you should 24 MR. HARDY: Objection to form. 25 provide a response to Mr. Vandever. 25 THE WITNESS: Yes. 6 (Pages 18 - 21) Veritext Legal Solutions 212-279-9424 www.veritext.com 212-490-3430 FILED: NEW YORK COUNTY CLERK 11/21/2023 12:00 AM INDEX NO. 656312/2022 NYSCEF DOC. NO. 238 RECEIVED NYSCEF: 11/21/2023 Page 22 Page 24 1 SHIN - ATTORNEYS' EYES ONLY 1 SHIN - ATTORNEYS' EYES ONLY 2 BY MR. VANDEVER: 2 MR. HARDY: Objection to form. And I 3 Q. You believe that MPEG LA breached the LAA as 3 want to caution you not to reveal the substance of any 4 well; is that correct? 4 attorney-client communications or attorney work 5 A. Yes, LAA was also violated. 5 product. 6 Q. And how do you think MPEG LA violated the LAA? 6 THE WITNESS: Because of MPEG, the 7 MR. HARDY: I'm going to caution you in 7 royalty -- royalty was reduced by 50 percent, which 8 responding to the question not to reveal the substance 8 caused us damage. And the royalty income -- so first 9 of any attorney-client communications or attorney work 9 of all, the royalty income was reduced by 50 percent. 10 product. 10 And so -- so with regard to amendment, some -- when 11 THE WITNESS: Our position was explained 11 Samsung was -- was in discussion with the patent pool, 12 in the complaint, but in my opinion, MPEG LA should 12 this led to the obstacles and made things very 13 distribute royalty among licensors according to LAA, 13 complicated and it caused mental damage. In the end, 14 especially according to ALL [sic] Section 5.1 on 14 things got complicated which led to damage. 15 royalty. According to that, the party that withdrew 15 CHECK INTERPRETER: I'd like to re-render 16 from the pool has -- the licensors that withdraw from 16 that, please. 17 the pool, they have a right to get the royalty, but it 17 Since MPEG LA reduced royalty revenue by 18 was not carried out and the ALL Section 5.1 on royalty 18 50 percent, this created a lot of damages for us 19 distribution was not altered. But even though it was 19 because the actual revenue income has dropped by 20 not altered, according to 5. -- Section 5.1 royalty 20 50 percent. And with regard to amendment, it created 21 should have been distributed, but it was not carried 21 significant difficulty in terms of obstacle or 22 out that way. 22 impairment because Samsung had to work with other 23 CHECK INTERPRETER: I'd like to re-render 23 patent pools in terms of discussion and this got 24 that, please. 24 complicated. So as someone carrying out this work, 25 Our position is described in the 25 this created mental or emotional difficulties and Page 23 Page 25 1 SHIN - ATTORNEYS' EYES ONLY 1 SHIN - ATTORNEYS' EYES ONLY 2 complaint, but to provide my opinion, MPEG LA had the 2 created complications. So I think that's a big 3 obligation to distribute royalty to licensors 3 damage. 4 according to LAA agreement, and the distribution of 4 BY MR. VANDEVER: 5 royalty is in accordance with the Section 5.1 of AAL 5 Q. And with respect to the emotional or mental 6 where it says that terminating licensors are also 6 damages, is that something you suffered or is that 7 obligated to be given royalties, but it did not 7 something Samsung suffered? 8 provide that and Section 5.1 is related to royalty 8 A. This -- this definitely caused damage to 9 distribution. The content of that section has not 9 Samsung when Samsung had to participate in the 10 been changed, yet the terminating licensors did not 10 discussion with the other parties in the pool. This 11 receive the royalty distribution that's due to them in 11 narrowed Samsung's position, which led to damages for 12 accordance with 5.1. That did not happen and that's 12 Samsung. And as a person in charge, I suffered from 13 why I believe it's been breached. 13 mental damage. 14 BY MR. VANDEVER: 14 Q. What -- 15 Q. Thank you. 15 CHECK INTERPRETER: Sorry, I would like 16 And aside from what you've already testified 16 to re-render that. 17 to, do you have any other -- any further understanding 17 For Samsung the damage would be because 18 of the claims by Samsung against MPEG LA? 18 of the difficulty it had to deal with in terms of 19 MR. HARDY: Objection to form. And I 19 reduction in the 50 percent royalty. And also in its 20 want to caution you not reveal the substance of any 20 position, it gave it less room in having discussion 21 attorney-client communication or attorney work 21 with other pools, and as someone working with this 22 product. 22 responsibility, this caused mental distress for me. 23 THE WITNESS: No. 23 BY MR. VANDEVER: 24 BY MR. VANDEVER: 24 Q. What other pools are you talking about? 25 Q. What does Samsung believe are its damages? 25 A. So the other pools that Access Advance is 7 (Pages 22 - 25) Veritext Legal Solutions 212-279-9424 www.veritext.com 212-490-3430 FILED: NEW YORK COUNTY CLERK 11/21/2023 12:00 AM INDEX NO. 656312/2022 NYSCEF DOC. NO. 238 RECEIVED NYSCEF: 11/21/2023 Page 26 Page 28 1 SHIN - ATTORNEYS' EYES ONLY 1 SHIN - ATTORNEYS' EYES ONLY 2 operating with regard to HEVC video project. 2 Q. Why did you not calculate it before today's 3 CHECK INTERPRETER: Video codec. 3 deposition? 4 THE INTERPRETER: Video codec? Okay, 4 MR. HARDY: Objection to form. 5 video codec. 5 THE WITNESS: The amount is the result of 6 CHECK INTERPRETER: Can I just clarify 6 MPEG LA reducing the royalty income, so the damage is 7 that? HEVC video codec related pool that is operated 7 ongoing, so this needs to be calculated, continues to 8 by Access Advance. 8 be calculated. 9 MR. HARDY: For the interpreter's 9 CHECK INTERPRETER: That is because of 10 benefit, codec is a term of art, C-O-D-E-C. 10 the damages that arises from MPEG LA's royalty 11 THE INTERPRETER: Okay, thank you. 11 reduction. On top of that, there is basically an 12 MR. HARDY: Mr. Vandever, if you're 12 ongoing damage that is occurring and this is something 13 getting close to a spot where we could take a short 13 that needs to be calculated continuously, that's why. 14 break, a short break, that would be great. 14 BY MR. VANDEVER: 15 MR. VANDEVER: Sure, we can take a break 15 Q. What are the ongoing damages? 16 now if you'd like. 16 A. There's damages with regard to MPEG pool and 17 THE VIDEOGRAPHER: And we're going off 17 Access Advance, so there's overlapping licensing so 18 the record at 9:13 a m. 18 the damages are a result of the overlapping of those 19 (Recess taken.) 19 licensing. 20 THE VIDEOGRAPHER: We are back on the 20 CHECK INTERPRETER: I'd like to re-render 21 record at 9:28 a m. 21 that. 22 BY MR. VANDEVER: 22 There are MPEG LA pool and Access Advance 23 Q. And, Mr. Shin, you testified that MPEG LA 23 pool, and there are basically two pools where dual -- 24 caused Samsung damages in its dealings with Access 24 there are dual licenses who are paying into both 25 Advance; is that correct? 25 pools, and because of that there are issues related to Page 27 Page 29 1 SHIN - ATTORNEYS' EYES ONLY 1 SHIN - ATTORNEYS' EYES ONLY 2 MR. HARDY: Objection to form. 2 this in terms of damage. 3 You can answer. 3 BY MR. VANDEVER: 4 THE WITNESS: Yes, correct. 4 Q. Okay. But you understand you're here to 5 BY MR. VANDEVER: 5 testify about damages today, correct? 6 Q. What are the amount of those damages? 6 A. Correct. 7 MR. HARDY: Objection to form. 7 Q. So with respect to the Access Advance pool, 8 THE WITNESS: That needs to be 8 what are your damages that are caused by MPEG LA? 9 calculated. It's hard to do so now. 9 A. I didn't understand the question. 10 BY MR. VANDEVER: 10 Q. Do you contend that MPEG LA has caused you 11 Q. You understand that you're the corporate 11 damages with respect to your dealings in the Access 12 representative for Samsung who is designated to speak 12 Advance pool? 13 on damages? 13 A. Yes. 14 MR. HARDY: Objection to form. 14 Q. What are the nature of those damages? 15 THE WITNESS: Correct. 15 MR. HARDY: Objection to form. 16 BY MR. VANDEVER: 16 THE WITNESS: Before Samsung withdrew 17 Q. But you don't know how much the damages are as 17 from MPEG pool, Samsung was a dual licensor. That 18 you sit here today? 18 means -- that means they get the royalty, pay royalty 19 A. Correct. That needs to be calculated. The 19 to two -- to both pools, and so when -- so when 20