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FILED: NEW YORK COUNTY CLERK 11/20/2023 06:16 PM INDEX NO. 656312/2022
NYSCEF DOC. NO. 225 RECEIVED NYSCEF: 11/20/2023
EXHIBIT H
FILED: NEW YORK COUNTY CLERK 11/20/2023 06:16 PM INDEX NO. 656312/2022
NYSCEF DOC. NO. 225
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2 SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
3 __________________________________________
4 SAMSUNG ELECTRONICS CO., LTD.,
5 Plaintiff,
6 -against-
7 MPEG LA, L.L.C.,
8 Defendant.
9 Index No.: 656312/2022
__________________________________________
10
11 April 20, 2023
9:12 a.m.
12
13 *** HIGHLY CONFIDENTIAL ***
*** OUTSIDE COUNSEL EYES ONLY ***
14
15
16 VIDEOCONFERENCE EXAMINATION
BEFORE TRIAL of KYONGHWA CHONG, taken by
17 Plaintiff, pursuant to Notice, held at the
offices of QUINN EMANUEL URQUHART &
18 SULLIVAN, LLP, 1301 I Street, N.W.,
Washington, D.C. before Wayne Hock, a
19 Notary Public of the State of New York.
20
21
22
23
24
25
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2 A P P E A R A N C E S:
3
4 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Attorneys for Plaintiff
5 1301 I Street, N.W.
Washington, D.C. 20005
6 BY: KEVIN HARDY, ESQ.
kevinhardy@quinnemanuel.com
7 (via videoconference)
SAMUEL DONOHUE, ESQ.
8 samueldonohue@quinnemanuel.com
REBECCA ARNO, ESQ.
9 (via videoconference)
10
11
WINDELS MARX LANE & MITTENDORF, LLP
12 Attorneys for Defendant
156 West 56th Street
13 New York, New York 10019
BY: BEN KUSMIN, ESQ.
14 bkusmin@windelsmarx.com
(via videoconference)
15 DELTON L. VANDEVER, ESQ.
dvandever@windelsmarx.com
16 (via videoconference)
17
18 ALSO PRESENT:
19 CHRISTOPHER HANLON,
Videographer
20 (via videoconference)
PHILLIP LEE
21 (via videoconference)
MICHELLE LEE, Interpreter
22 (via videoconference)
23
* * *
24
25
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2 THE VIDEOGRAPHER: Good morning.
3 We are going on the record.
4 The date today is April 20,
5 2023.
6 The time is 9:12 a.m. Eastern
7 Time.
8 This is media unit number one of
9 the video recorded deposition of Mr.
10 Kyonghwa Chong taken in the matter of
11 Samsung Electronics Company Limited
12 versus MPEG LA LLC, filed in the
13 Supreme Court of the State of New
14 York, County of New York, index number
15 656312/2022.
16 My name is Christopher Hanlon,
17 I'm a certified legal videographer,
18 our court reporter today is Wayne
19 Hock, and we are with Veritext New
20 York.
21 I'll just note that I cannot go
22 off the video record unless both
23 parties agree. Please do so verbally.
24 At this time I would ask counsel
25 to please state your appearances for
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2 the record, starting with the noticing
3 attorney, please.
4 MR. KUSMIN: Ben Kusmin with
5 Windels Marx Lane and Mittendorf LLP
6 on behalf of the defendant MPEG LA. I
7 am with my colleague Delton Vandever.
8 MR. HARDY: Kevin Hardy on behalf
9 of Plaintiff Samsung and the witness.
10 And with me by Zoom are Rebecca Arno
11 and Sam Donohue, and also present in
12 here is Samsung in-house counsel,
13 Phillip Lee.
14 THE VIDEOGRAPHER: Thank you,
15 counsel.
16 At this time I would ask sour
17 court reporter, Mr. Hock, to please
18 administer the oath to the witness and
19 interpreter.
20 M I C H E L L E L E E, the interpreter,
21 having been first duly sworn by a
22 Notary Public, interpreted the
23 testimony as follows:
24 (CONTINUED ON NEXT PAGE)
25
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2 K Y O N G H W A C H O N G, having
3 been first duly sworn by a
4 Notary Public of the State of
5 New York, upon being examined,
6 testified as follows:
7 EXAMINATION BY
8 MR. KUSMIN:
9 Q. Good morning, Mr. Chong. My
10 name is Ben Kusmin. I represent the
11 defendant MPEG LA. Thanks for appearing
12 this morning.
13 Could you please state your full
14 name for the record?
15 A. Before giving my answers, can
16 you speak a little bit more loud?
17 MR. HARDY: I can turn the volume
18 up as well. Earlier it was very loud,
19 but now it sounds soft.
20 Q. Can you hear me better now?
21 A. Yes, better.
22 What was your question?
23 Q. Would you please state your name
24 for the record, please.
25 A. Yes, my name is Kyonghwa Chong.
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2 Q. And what is your home address?
3
5 Q. Thank you.
6 And what is your business
7 address?
8 A. Business address is 3001 Cabot
9 Drive, Novi, Michigan.
10 Q. Do you go by any nicknames or
11 other names?
12 A. Well, I used an English
13 nickname, Jack, but I have not used it
14 maybe ten years ago.
15 Q. Do you go by KH as well?
16 A. No.
17 Q. And where are you located -- let
18 me back up and say I'm going to ask you a
19 few questions arising from the remote
20 nature of the proceedings, and please
21 don't take them personally.
22 But where are you physically
23 located right now?
24 A. I'm -- right now, right now, I'm
25 in Washington, D.C.
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2 Q. Okay.
3 But where are you physically?
4 A. In our outside counsel's law
5 firm, meeting room.
6 Q. Thank you.
7 And who is in the room with you
8 at the moment?
9 A. With our outside counsel, Mr.
10 Kevin Hardy, and an interpreter, Ms. Lee,
11 and I'm with our in-house counsel, Phillip
12 Lee.
13 Q. Is anyone else in the room?
14 A. No.
15 Q. Do you have any e-mail program
16 open on the computer?
17 A. No.
18 Q. Okay.
19 My messaging programs or apps
20 accessible on the computer and open?
21 A. No.
22 Q. Do you have a cell phone with
23 you?
24 A. Yes.
25 Q. Okay.
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2 Is it tucked away somewhere
3 inaccessible?
4 A. Yes. I can turn it off.
5 Q. I appreciate that. Thank you.
6 And can you agree with me that
7 you won't communicate with anyone inside
8 the room or outside the room
9 electronically while you're testifying
10 today?
11 A. That question again? Can you
12 repeat your question?
13 Q. The question is can you agree
14 that you won't communicate with anyone in
15 the room or electronically with anyone
16 outside of the room while you're
17 testifying today under oath?
18 A. Yes.
19 Q. Thank you.
20 Do you have any notes with you?
21 A. No.
22 Q. Do you have any documents in
23 front of you?
24 A. No.
25 Q. Thank you.
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2 Have you ever been deposed
3 before?
4 A. No.
5 Q. Have you ever given testimony in
6 a trial or other court proceeding?
7 A. No.
8 Q. I'm going to ask you a series of
9 questions today.
10 If you don't hear me properly or
11 if you don't understand the question, will
12 you tell me that you don't understand or
13 that I should repeat the question?
14 A. Okay. I will do.
15 Q. And please remember to let me
16 finish asking a question before you start
17 to answer, just so that Mr. Hock here can
18 get down every word that you're saying and
19 I'm saying.
20 A. Okay.
21 Q. And can you remember to answer
22 questions verbally so that Mr. Hock can
23 take down the answer?
24 A. Yes.
25 Q. Okay.
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2 And just to put a point on it, a
3 shrug or a nod of the head or a shaking of
4 the head isn't a proper answer because Mr.
5 Hock can't take down the testimony.
6 Does that make sense?
7 A. Yes.
8 Q. Thank you.
9 We'll take breaks periodically
10 every hour or hour and a half typically,
11 but if you would like to take a break, as
12 long as there is not a question pending,
13 just let me know that you'd like to take a
14 break and we'll take a break shortly
15 thereafter.
16 A. Okay.
17 Q. Your attorney will object at
18 times to the questions that I'm asking,
19 but unless he specifically instructs you
20 not to answer the question, you will still
21 be required to answer the question
22 notwithstanding the objection.
23 Do you understand that?
24 A. Yes.
25 Q. Are you suffering from any
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2 medical condition or other condition that
3 would impair your ability to answer
4 completely and truthfully today?
5 A. No.
6 Q. Are you taking any kind of
7 medication that might affect your ability
8 to testify truthfully and completely?
9 A. No.
10 Q. What did you do to prepare for
11 today's deposition, Mr. Chong?
12 A. I met our outside counsel
13 yesterday.
14 Q. Okay.
15 Who did you meet with?
16 A. Mr. Kevin Hardy.
17 Q. Anyone else?
18 A. There was another counsel there,
19 Sam Donohue.
20 Q. Thank you.
21 Anyone else?
22 A. No.
23 Well, there was in-house
24 counsel, Mr. Lee, and interpreter.
25 Q. Anyone else from Samsung
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2 present?
3 A. No.
4 Q. For about how long did you
5 prepare with counsel yesterday?
6 A. Five to six hours or so.
7 Q. Have you spoken -- do you know
8 who Jong Pil Hong is?
9 A. Yes.
10 Q. Have you spoken to Mr. Hong
11 about his deposition testimony in this
12 matter?
13 A. No.
14 Q. Have you reviewed any of his
15 deposition testimony transcript?
16 A. No.
17 Q. Have you spoken to anyone else
18 at Samsung about your testimony today?
19 A. I don't think so, except
20 internal business trip request that I made
21 for internal consent.
22 Q. You had approval to take a
23 business trip to Washington, D.C.; is that
24 your testimony?
25 A. Yes.
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2 Q. But you didn't discuss the
3 substance of your possible testimony with
4 anyone from Samsung?
5 A. No.
6 Q. Did you tell your superiors or
7 other colleagues that you were going to
8 give a deposition testimony in the matter
9 involving MPEG LA?
10 A. No, other than the business trip
11 request that I was requested to be deposed
12 for the matter.
13 Q. Requested who, sorry?
14 A. I informed to my supervisor and
15 VP.
16 Q. I understand.
17 Have you reviewed the complaint
18 or the amended complaint in this lawsuit?
19 A. I think I reviewed the original
20 complaint but not the amended one.
21 Q. Are you appearing voluntarily
22 today to give a deposition?
23 A. I'm sorry, I did not clearly
24 hear you. Your voice is --
25 Q. Are you appearing voluntarily
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2 today to give a deposition?
3 A. Oh, yes.
4 Q. Do you speak Korean fluently?
5 A. Yes.
6 Q. Do you read it fluently?
7 A. Yes.
8 Q. Do you understand English
9 fluently?
10 A. Not as much as I do my native
11 tongue, which is Korean.
12 Q. How many years have you been
13 speaking English?
14 A. I learned English upon my middle
15 school days, almost forty years.
16 Q. How long have you been living in
17 the United States?
18 A. Two and a half months.
19 Q. How many?
20 A. Two and a half months.
21 Q. Where did you live before that?
22 A. In Korea, Incheon.
23 Q. Why did you move to the U.S.?
24 A. I didn't hear you, I'm sorry.
25 Q. Why did you move to the United
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2 States two and a half months ago?
3 A. Oh, my company dispatched me to
4 help its subsidiary Harman, Harman IP
5 team.
6 Q. What is the name of the
7 subsidiary again?
8 A. Harman, H A R M A N.
9 Q. You're agreeing to conduct the
10 deposition in English today; is that fair?
11 A. I don't know. You can tell me.
12 MR. HARDY: We're agreeing to
13 proceed in English again with the
14 check interpreter present in the event
15 there are issues with Mr. Chong's
16 understanding of the question or if he
17 struggles to articulate an answer in
18 English and would prefer to respond in
19 Korean, we have an interpreter present
20 for that purpose. But as we've been
21 going so far, we're content to have
22 Mr. Chong hear the questions in
23 English and respond in English, to the
24 extent he's able to do so.
25 Q. Do you agree with your counsel's
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2 representation, Mr. Chong?
3 A. Yes, I do.
4 MR. KUSMIN: Just for the record,
5 Mr. Hardy, we would have appreciated
6 some notice that you were going to
7 make use of a check interpreter today.
8 We might have made arrangements to do
9 the same. We had the understanding
10 that we were going to proceed in
11 English, full stop. I just wanted to
12 put that on the record.
13 MR. HARDY: My understanding is
14 that you were given notice. If you
15 weren't, my apologies, but I don't
16 have the correspondence in front of
17 me. But understood.
18 MR. KUSMIN: There's nothing to
19 be done now. I just wanted to make a
20 record, and we reserve our rights in
21 that respect.
22 Q. Back to the questioning, Mr.
23 Chong.
24 Can you summarize your education
25 since high school?
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2 A. Yes, I graduated high school in
3 1990 and I entered the engineering school,
4 Hanyang University. I got there a BS
5 specialist degree and master's degree
6 there, and I got a job in Samsung
7 Electronics. That was 2000. I started my
8 career in Samsung Electronics as a
9 semiconductor development engineer and I
10 played the role for three years and then I
11 moved to IP department in 2002.
12 Since then, I managed the
13 litigation cases there for about eight
14 years and I did various other things,
15 including patent licensing, strategy setup
16 for a patent pool.
17 Q. I'll ask you more specifically
18 about the various positions you've held at
19 Samsung.
20 Just to go back to your
21 education, I think you testified that you
22 got a bachelor and a master's degree from
23 Hanyang University.
24 Did I get that right?
25 A. Yes.
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2 Q. Did you go to law school in
3 Korea?
4 A. No, in the United States.
5 Q. And which law school did you go
6 to?
7 A. University of Southern
8 California.
9 Q. Which branch?
10 A. It was the school of law, Gould.
11 Q. And what degree did you get?
12 A. LLM.
13 Q. When was that?
14 A. It was 2017.
15 Q. Did you have any other higher
16 education in Korea?
17 A. No.
18 Q. Prior to moving into the IP
19 department at Samsung, did you get any
20 specialized education in the law?
21 A. No.
22 Q. Did you develop any other
23 qualifications that enabled you to begin
24 the work in the IP department in 2002?
25 A. I beg your pardon? Can you
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2 repeat your question?
3 Q. Sure.
4 I think you testified that you
5 worked as an engineer from the time you
6 began working at Samsung, and then in 2002
7 you moved into the IP department.
8 Did I get that right?
9 A. Yes.
10 Q. My question is did you get any
11 additional education or develop any other
12 training or qualifications before you
13 moved into the IP department?
14 A. No.
15 Q. What prompted you to get an LLM
16 from USC in 2017?
17 A. Prompted?
18 Q. Prompted, why did you go to law
19 school?
20 A. Because I thought I need that
21 degree to apply for an exam to get a U.S.
22 license as an attorney.
23 Q. To apply for an exam, did you
24 say?
25 A. Yes.
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2 Q. Did you apply for a law license
3 in the U.S.?
4 A. Yes.
5 Q. And are you licensed to practice
6 law now in the United States?
7 A. Yes.
8 Q. In what jurisdiction?
9 A. District of Columbia.
10 Q. And when did you become licensed
11 to practice law in the District of
12 Columbia?
13 A. From 2019.
14 Q. Did you ever practice law?
15 A. I served as an in-house IP
16 member. I did not practice any outside
17 practice.
18 Q. Do you maintain an active Bar
19 membership in the District of Columbia?
20 A. Can you repeat your question,
21 the first part?
22 Q. Do you main an active Bar
23 membership in the District of Columbia?
24 A. Yes.
25 Q. You take the CLEs and fill out
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2 the forms and maintain a license?
3 A. I'm not quite sure, because as
4 far as I know, there's no continuous legal
5 education program needed for D.C.
6 membership.
7 Q. But as far as you know, you have
8 an active license in D.C.?
9 A. Yes.
10 Q. And was that a requirement for a
11 position at Samsung that you become
12 licensed?
13 A. No, it was not mandatory.
14 Q. Just something you chose to do?
15 A. Yes.
16 Q. Are you the member of any
17 professional associations or Bar
18 associations?
19 A. Other than the D.C. Bar?
20 Q. Correct.
21 A. No.
22 Q. How about in Korea, if that
23 wasn't clear?
24 A. No.
25 Q. You're not admitted to the
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2 patent Bar; is that right?
3 A. No.
4 Q. Did you have any kind of
5 concentration in your LLM studies at USC?
6 A. Concentration for what?
7 Q. Did you specialize in a
8 particular area of law when you got your
9 LLM?
10 A. No.
11 Q. Do you have any other
12 postbaccalaureate education other than
13 what you've testified about?
14 A. No.
15 Q. Let's go back to your experience
16 at Samsung.
17 What was your first position
18 there, and when did it start?
19 A. My first position was -- I don't
20 remember correctly, it was more than ten
21 years ago, but it must be assistant
22 manager or something like that.
23 Q. Do you remember what department
24 or division you were in?
25 A. It was package team.
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2 Q. And approximately when did that
3 position start?
4 A. Since 2000.
5 Q. How long were you in that
6 position?
7 A. Less than two years.
8 Q. And what did you do after that?
9 A. I moved to IP department.
10 Q. In what year?
11 A. In 2002.
12 Q. And what was your position
13 there?
14 A. The same, assistant manager.
15 Q. When you say IP department,
16 you're referring to intellectual property;
17 is that right?
18 A. That's right.
19 Q. Is that division called the IP
20 center at Samsung?
21 A. At that time there was no IP
22 center.
23 Q. How long were you in the
24 position that started in 2002?
25 A. The assistant manager or --
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1 K. Chong -- HIGHLY CONFIDENTIAL
2 Q. Yes.
3 A. Again, I don't remember when I
4 was promoted to manager, but it must be
5 two to four years.
6 Q. Can you recall what your
7 responsibilities were as an assistant
8 manager in the IP department?
9 A. I managed the patent litigation
10 from in house.
11 Q. What kinds of things did you do
12 specifically?
13 A. I managed various different
14 kinds of patent litigation, including
15 mobile phone patent litigations and other
16 consumer electronics litigations.
17 Q. Were these litigations pending
18 in South Korea or elsewhere?
19 A. Mostly in the United States.
20 Q. And then at some point several
21 years later I think you testified that you
22 got promoted to manager in that
23 department; is that right?
24 A. Right.
25 Q. And how did your
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1 K. Chong -- HIGHLY CONFIDENTIAL
2 responsibilities change, if any, once you
3 got promoted?
4 A. My responsibility remained the
5 same.
6 Q. Who did you report to?
7 A. At that time it was Hosik Jang.
8 Q. How long were you in that
9 position?
10 A. Manager position?
11 Q. Yes.
12 A. It's complicated, because there
13 was a lateral movement.
14 Q. A what, sorry?
15 A. A lateral movement to other
16 departments or so, but I can say that it
17 was about four years.
18 Q. And what was your next position?
19 A. I was transferred to licensing
20 department, patent licensing department.
21 Q. And when did that transfer take
22 place?
23 A. In 2010.
24 Q. How long were you in that
25 position?
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2 A. About a year or two years.
3 Q. What were your responsibilities
4 in that position?
5 A. Patent licensing negotiation.
6 Q. Were you negotiating licensing
7 for patents that were owned by Samsung?
8 A. Mostly it was for acquiring
9 licenses from other third party patent
10 holders.
11 Q. So licensee side then?
12 A. Right.
13 Q. Did you deal with any patent
14 pools in that time period?
15 A. No.
16 Q. These were all direct licenses
17 with the patent holders?
18 A. That's right.
19 Q. Did someone in your same
20 department handle work that involved
21 patent pools, if any?
22 A. At that time?
23 Q. At that time.
24 A. I don't remember correctly.
25 Q. What kind of technology do you
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2 recall were you involved in licensing the
3 patents for?
4 A. Various different kinds, but
5 it's mainly related to mobile phones or
6 other consumer electronic products.
7 Q. "Web phones", did you say?
8 A. Mobile phone.
9 Q. I didn't catch that. I think
10 you said "mainly related to web phones";
11 is that right?
12 A. No, no, mobile phones.
13 Q. In that role, were you involved
14 in litigation at all?
15 A. Yes, the negotiation for -- the
16 licensing negotiation is pretty much
17 combined with other type of disputes, such
18 as litigation, so yes, we worked together.
19 Q. Understood.
20 I believe you said this role
21 started in about 2010 and lasted for one
22 or two years; is that right?
23 A. Yes.
24 Q. And what was your next role at
25 Samsung?
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FILED: NEW YORK COUNTY CLERK 11/20/2023 06:16 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 225 RECEIVED NYSCEF: 11/20/2023 EXHIBIT H FILED: NEW YORK COUNTY CLERK 11/20/2023 06:16 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 225 HIGHLY CONFIDENTIAL RECEIVED NYSCEF: 11/20/2023 OUTSIDE COUNSEL EYES ONLY Page 1 1 2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK 3 __________________________________________ 4 SAMSUNG ELECTRONICS CO., LTD., 5 Plaintiff, 6 -against- 7 MPEG LA, L.L.C., 8 Defendant. 9 Index No.: 656312/2022 __________________________________________ 10 11 April 20, 2023 9:12 a.m. 12 13 *** HIGHLY CONFIDENTIAL *** *** OUTSIDE COUNSEL EYES ONLY *** 14 15 16 VIDEOCONFERENCE EXAMINATION BEFORE TRIAL of KYONGHWA CHONG, taken by 17 Plaintiff, pursuant to Notice, held at the offices of QUINN EMANUEL URQUHART & 18 SULLIVAN, LLP, 1301 I Street, N.W., Washington, D.C. before Wayne Hock, a 19 Notary Public of the State of New York. 20 21 22 23 24 25 Veritext Legal Solutions 212-279-9424 www.veritext.com 212-490-3430 FILED: NEW YORK COUNTY CLERK 11/20/2023 06:16 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 225 HIGHLY CONFIDENTIAL RECEIVED NYSCEF: 11/20/2023 OUTSIDE COUNSEL EYES ONLY Page 2 1 2 A P P E A R A N C E S: 3 4 QUINN EMANUEL URQUHART & SULLIVAN, LLP Attorneys for Plaintiff 5 1301 I Street, N.W. Washington, D.C. 20005 6 BY: KEVIN HARDY, ESQ. kevinhardy@quinnemanuel.com 7 (via videoconference) SAMUEL DONOHUE, ESQ. 8 samueldonohue@quinnemanuel.com REBECCA ARNO, ESQ. 9 (via videoconference) 10 11 WINDELS MARX LANE & MITTENDORF, LLP 12 Attorneys for Defendant 156 West 56th Street 13 New York, New York 10019 BY: BEN KUSMIN, ESQ. 14 bkusmin@windelsmarx.com (via videoconference) 15 DELTON L. VANDEVER, ESQ. dvandever@windelsmarx.com 16 (via videoconference) 17 18 ALSO PRESENT: 19 CHRISTOPHER HANLON, Videographer 20 (via videoconference) PHILLIP LEE 21 (via videoconference) MICHELLE LEE, Interpreter 22 (via videoconference) 23 * * * 24 25 Veritext Legal Solutions 212-279-9424 www.veritext.com 212-490-3430 FILED: NEW YORK COUNTY CLERK 11/20/2023 06:16 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 225 HIGHLY CONFIDENTIAL RECEIVED NYSCEF: 11/20/2023 OUTSIDE COUNSEL EYES ONLY Page 3 1 2 THE VIDEOGRAPHER: Good morning. 3 We are going on the record. 4 The date today is April 20, 5 2023. 6 The time is 9:12 a.m. Eastern 7 Time. 8 This is media unit number one of 9 the video recorded deposition of Mr. 10 Kyonghwa Chong taken in the matter of 11 Samsung Electronics Company Limited 12 versus MPEG LA LLC, filed in the 13 Supreme Court of the State of New 14 York, County of New York, index number 15 656312/2022. 16 My name is Christopher Hanlon, 17 I'm a certified legal videographer, 18 our court reporter today is Wayne 19 Hock, and we are with Veritext New 20 York. 21 I'll just note that I cannot go 22 off the video record unless both 23 parties agree. Please do so verbally. 24 At this time I would ask counsel 25 to please state your appearances for Veritext Legal Solutions 212-279-9424 www.veritext.com 212-490-3430 FILED: NEW YORK COUNTY CLERK 11/20/2023 06:16 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 225 HIGHLY CONFIDENTIAL RECEIVED NYSCEF: 11/20/2023 OUTSIDE COUNSEL EYES ONLY Page 4 1 2 the record, starting with the noticing 3 attorney, please. 4 MR. KUSMIN: Ben Kusmin with 5 Windels Marx Lane and Mittendorf LLP 6 on behalf of the defendant MPEG LA. I 7 am with my colleague Delton Vandever. 8 MR. HARDY: Kevin Hardy on behalf 9 of Plaintiff Samsung and the witness. 10 And with me by Zoom are Rebecca Arno 11 and Sam Donohue, and also present in 12 here is Samsung in-house counsel, 13 Phillip Lee. 14 THE VIDEOGRAPHER: Thank you, 15 counsel. 16 At this time I would ask sour 17 court reporter, Mr. Hock, to please 18 administer the oath to the witness and 19 interpreter. 20 M I C H E L L E L E E, the interpreter, 21 having been first duly sworn by a 22 Notary Public, interpreted the 23 testimony as follows: 24 (CONTINUED ON NEXT PAGE) 25 Veritext Legal Solutions 212-279-9424 www.veritext.com 212-490-3430 FILED: NEW YORK COUNTY CLERK 11/20/2023 06:16 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 225 HIGHLY CONFIDENTIAL RECEIVED NYSCEF: 11/20/2023 OUTSIDE COUNSEL EYES ONLY Page 5 1 2 K Y O N G H W A C H O N G, having 3 been first duly sworn by a 4 Notary Public of the State of 5 New York, upon being examined, 6 testified as follows: 7 EXAMINATION BY 8 MR. KUSMIN: 9 Q. Good morning, Mr. Chong. My 10 name is Ben Kusmin. I represent the 11 defendant MPEG LA. Thanks for appearing 12 this morning. 13 Could you please state your full 14 name for the record? 15 A. Before giving my answers, can 16 you speak a little bit more loud? 17 MR. HARDY: I can turn the volume 18 up as well. Earlier it was very loud, 19 but now it sounds soft. 20 Q. Can you hear me better now? 21 A. Yes, better. 22 What was your question? 23 Q. Would you please state your name 24 for the record, please. 25 A. Yes, my name is Kyonghwa Chong. Veritext Legal Solutions 212-279-9424 www.veritext.com 212-490-3430 FILED: NEW YORK COUNTY CLERK 11/20/2023 06:16 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 225 HIGHLY CONFIDENTIAL RECEIVED NYSCEF: 11/20/2023 OUTSIDE COUNSEL EYES ONLY Page 6 1 K. Chong -- HIGHLY CONFIDENTIAL 2 Q. And what is your home address? 3 5 Q. Thank you. 6 And what is your business 7 address? 8 A. Business address is 3001 Cabot 9 Drive, Novi, Michigan. 10 Q. Do you go by any nicknames or 11 other names? 12 A. Well, I used an English 13 nickname, Jack, but I have not used it 14 maybe ten years ago. 15 Q. Do you go by KH as well? 16 A. No. 17 Q. And where are you located -- let 18 me back up and say I'm going to ask you a 19 few questions arising from the remote 20 nature of the proceedings, and please 21 don't take them personally. 22 But where are you physically 23 located right now? 24 A. I'm -- right now, right now, I'm 25 in Washington, D.C. Veritext Legal Solutions 212-279-9424 www.veritext.com 212-490-3430 FILED: NEW YORK COUNTY CLERK 11/20/2023 06:16 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 225 HIGHLY CONFIDENTIAL RECEIVED NYSCEF: 11/20/2023 OUTSIDE COUNSEL EYES ONLY Page 7 1 K. Chong -- HIGHLY CONFIDENTIAL 2 Q. Okay. 3 But where are you physically? 4 A. In our outside counsel's law 5 firm, meeting room. 6 Q. Thank you. 7 And who is in the room with you 8 at the moment? 9 A. With our outside counsel, Mr. 10 Kevin Hardy, and an interpreter, Ms. Lee, 11 and I'm with our in-house counsel, Phillip 12 Lee. 13 Q. Is anyone else in the room? 14 A. No. 15 Q. Do you have any e-mail program 16 open on the computer? 17 A. No. 18 Q. Okay. 19 My messaging programs or apps 20 accessible on the computer and open? 21 A. No. 22 Q. Do you have a cell phone with 23 you? 24 A. Yes. 25 Q. Okay. Veritext Legal Solutions 212-279-9424 www.veritext.com 212-490-3430 FILED: NEW YORK COUNTY CLERK 11/20/2023 06:16 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 225 HIGHLY CONFIDENTIAL RECEIVED NYSCEF: 11/20/2023 OUTSIDE COUNSEL EYES ONLY Page 8 1 K. Chong -- HIGHLY CONFIDENTIAL 2 Is it tucked away somewhere 3 inaccessible? 4 A. Yes. I can turn it off. 5 Q. I appreciate that. Thank you. 6 And can you agree with me that 7 you won't communicate with anyone inside 8 the room or outside the room 9 electronically while you're testifying 10 today? 11 A. That question again? Can you 12 repeat your question? 13 Q. The question is can you agree 14 that you won't communicate with anyone in 15 the room or electronically with anyone 16 outside of the room while you're 17 testifying today under oath? 18 A. Yes. 19 Q. Thank you. 20 Do you have any notes with you? 21 A. No. 22 Q. Do you have any documents in 23 front of you? 24 A. No. 25 Q. Thank you. Veritext Legal Solutions 212-279-9424 www.veritext.com 212-490-3430 FILED: NEW YORK COUNTY CLERK 11/20/2023 06:16 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 225 HIGHLY CONFIDENTIAL RECEIVED NYSCEF: 11/20/2023 OUTSIDE COUNSEL EYES ONLY Page 9 1 K. Chong -- HIGHLY CONFIDENTIAL 2 Have you ever been deposed 3 before? 4 A. No. 5 Q. Have you ever given testimony in 6 a trial or other court proceeding? 7 A. No. 8 Q. I'm going to ask you a series of 9 questions today. 10 If you don't hear me properly or 11 if you don't understand the question, will 12 you tell me that you don't understand or 13 that I should repeat the question? 14 A. Okay. I will do. 15 Q. And please remember to let me 16 finish asking a question before you start 17 to answer, just so that Mr. Hock here can 18 get down every word that you're saying and 19 I'm saying. 20 A. Okay. 21 Q. And can you remember to answer 22 questions verbally so that Mr. Hock can 23 take down the answer? 24 A. Yes. 25 Q. Okay. Veritext Legal Solutions 212-279-9424 www.veritext.com 212-490-3430 FILED: NEW YORK COUNTY CLERK 11/20/2023 06:16 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 225 HIGHLY CONFIDENTIAL RECEIVED NYSCEF: 11/20/2023 OUTSIDE COUNSEL EYES ONLY Page 10 1 K. Chong -- HIGHLY CONFIDENTIAL 2 And just to put a point on it, a 3 shrug or a nod of the head or a shaking of 4 the head isn't a proper answer because Mr. 5 Hock can't take down the testimony. 6 Does that make sense? 7 A. Yes. 8 Q. Thank you. 9 We'll take breaks periodically 10 every hour or hour and a half typically, 11 but if you would like to take a break, as 12 long as there is not a question pending, 13 just let me know that you'd like to take a 14 break and we'll take a break shortly 15 thereafter. 16 A. Okay. 17 Q. Your attorney will object at 18 times to the questions that I'm asking, 19 but unless he specifically instructs you 20 not to answer the question, you will still 21 be required to answer the question 22 notwithstanding the objection. 23 Do you understand that? 24 A. Yes. 25 Q. Are you suffering from any Veritext Legal Solutions 212-279-9424 www.veritext.com 212-490-3430 FILED: NEW YORK COUNTY CLERK 11/20/2023 06:16 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 225 HIGHLY CONFIDENTIAL RECEIVED NYSCEF: 11/20/2023 OUTSIDE COUNSEL EYES ONLY Page 11 1 K. Chong -- HIGHLY CONFIDENTIAL 2 medical condition or other condition that 3 would impair your ability to answer 4 completely and truthfully today? 5 A. No. 6 Q. Are you taking any kind of 7 medication that might affect your ability 8 to testify truthfully and completely? 9 A. No. 10 Q. What did you do to prepare for 11 today's deposition, Mr. Chong? 12 A. I met our outside counsel 13 yesterday. 14 Q. Okay. 15 Who did you meet with? 16 A. Mr. Kevin Hardy. 17 Q. Anyone else? 18 A. There was another counsel there, 19 Sam Donohue. 20 Q. Thank you. 21 Anyone else? 22 A. No. 23 Well, there was in-house 24 counsel, Mr. Lee, and interpreter. 25 Q. Anyone else from Samsung Veritext Legal Solutions 212-279-9424 www.veritext.com 212-490-3430 FILED: NEW YORK COUNTY CLERK 11/20/2023 06:16 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 225 HIGHLY CONFIDENTIAL RECEIVED NYSCEF: 11/20/2023 OUTSIDE COUNSEL EYES ONLY Page 12 1 K. Chong -- HIGHLY CONFIDENTIAL 2 present? 3 A. No. 4 Q. For about how long did you 5 prepare with counsel yesterday? 6 A. Five to six hours or so. 7 Q. Have you spoken -- do you know 8 who Jong Pil Hong is? 9 A. Yes. 10 Q. Have you spoken to Mr. Hong 11 about his deposition testimony in this 12 matter? 13 A. No. 14 Q. Have you reviewed any of his 15 deposition testimony transcript? 16 A. No. 17 Q. Have you spoken to anyone else 18 at Samsung about your testimony today? 19 A. I don't think so, except 20 internal business trip request that I made 21 for internal consent. 22 Q. You had approval to take a 23 business trip to Washington, D.C.; is that 24 your testimony? 25 A. Yes. Veritext Legal Solutions 212-279-9424 www.veritext.com 212-490-3430 FILED: NEW YORK COUNTY CLERK 11/20/2023 06:16 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 225 HIGHLY CONFIDENTIAL RECEIVED NYSCEF: 11/20/2023 OUTSIDE COUNSEL EYES ONLY Page 13 1 K. Chong -- HIGHLY CONFIDENTIAL 2 Q. But you didn't discuss the 3 substance of your possible testimony with 4 anyone from Samsung? 5 A. No. 6 Q. Did you tell your superiors or 7 other colleagues that you were going to 8 give a deposition testimony in the matter 9 involving MPEG LA? 10 A. No, other than the business trip 11 request that I was requested to be deposed 12 for the matter. 13 Q. Requested who, sorry? 14 A. I informed to my supervisor and 15 VP. 16 Q. I understand. 17 Have you reviewed the complaint 18 or the amended complaint in this lawsuit? 19 A. I think I reviewed the original 20 complaint but not the amended one. 21 Q. Are you appearing voluntarily 22 today to give a deposition? 23 A. I'm sorry, I did not clearly 24 hear you. Your voice is -- 25 Q. Are you appearing voluntarily Veritext Legal Solutions 212-279-9424 www.veritext.com 212-490-3430 FILED: NEW YORK COUNTY CLERK 11/20/2023 06:16 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 225 HIGHLY CONFIDENTIAL RECEIVED NYSCEF: 11/20/2023 OUTSIDE COUNSEL EYES ONLY Page 14 1 K. Chong -- HIGHLY CONFIDENTIAL 2 today to give a deposition? 3 A. Oh, yes. 4 Q. Do you speak Korean fluently? 5 A. Yes. 6 Q. Do you read it fluently? 7 A. Yes. 8 Q. Do you understand English 9 fluently? 10 A. Not as much as I do my native 11 tongue, which is Korean. 12 Q. How many years have you been 13 speaking English? 14 A. I learned English upon my middle 15 school days, almost forty years. 16 Q. How long have you been living in 17 the United States? 18 A. Two and a half months. 19 Q. How many? 20 A. Two and a half months. 21 Q. Where did you live before that? 22 A. In Korea, Incheon. 23 Q. Why did you move to the U.S.? 24 A. I didn't hear you, I'm sorry. 25 Q. Why did you move to the United Veritext Legal Solutions 212-279-9424 www.veritext.com 212-490-3430 FILED: NEW YORK COUNTY CLERK 11/20/2023 06:16 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 225 HIGHLY CONFIDENTIAL RECEIVED NYSCEF: 11/20/2023 OUTSIDE COUNSEL EYES ONLY Page 15 1 K. Chong -- HIGHLY CONFIDENTIAL 2 States two and a half months ago? 3 A. Oh, my company dispatched me to 4 help its subsidiary Harman, Harman IP 5 team. 6 Q. What is the name of the 7 subsidiary again? 8 A. Harman, H A R M A N. 9 Q. You're agreeing to conduct the 10 deposition in English today; is that fair? 11 A. I don't know. You can tell me. 12 MR. HARDY: We're agreeing to 13 proceed in English again with the 14 check interpreter present in the event 15 there are issues with Mr. Chong's 16 understanding of the question or if he 17 struggles to articulate an answer in 18 English and would prefer to respond in 19 Korean, we have an interpreter present 20 for that purpose. But as we've been 21 going so far, we're content to have 22 Mr. Chong hear the questions in 23 English and respond in English, to the 24 extent he's able to do so. 25 Q. Do you agree with your counsel's Veritext Legal Solutions 212-279-9424 www.veritext.com 212-490-3430 FILED: NEW YORK COUNTY CLERK 11/20/2023 06:16 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 225 HIGHLY CONFIDENTIAL RECEIVED NYSCEF: 11/20/2023 OUTSIDE COUNSEL EYES ONLY Page 16 1 K. Chong -- HIGHLY CONFIDENTIAL 2 representation, Mr. Chong? 3 A. Yes, I do. 4 MR. KUSMIN: Just for the record, 5 Mr. Hardy, we would have appreciated 6 some notice that you were going to 7 make use of a check interpreter today. 8 We might have made arrangements to do 9 the same. We had the understanding 10 that we were going to proceed in 11 English, full stop. I just wanted to 12 put that on the record. 13 MR. HARDY: My understanding is 14 that you were given notice. If you 15 weren't, my apologies, but I don't 16 have the correspondence in front of 17 me. But understood. 18 MR. KUSMIN: There's nothing to 19 be done now. I just wanted to make a 20 record, and we reserve our rights in 21 that respect. 22 Q. Back to the questioning, Mr. 23 Chong. 24 Can you summarize your education 25 since high school? Veritext Legal Solutions 212-279-9424 www.veritext.com 212-490-3430 FILED: NEW YORK COUNTY CLERK 11/20/2023 06:16 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 225 HIGHLY CONFIDENTIAL RECEIVED NYSCEF: 11/20/2023 OUTSIDE COUNSEL EYES ONLY Page 17 1 K. Chong -- HIGHLY CONFIDENTIAL 2 A. Yes, I graduated high school in 3 1990 and I entered the engineering school, 4 Hanyang University. I got there a BS 5 specialist degree and master's degree 6 there, and I got a job in Samsung 7 Electronics. That was 2000. I started my 8 career in Samsung Electronics as a 9 semiconductor development engineer and I 10 played the role for three years and then I 11 moved to IP department in 2002. 12 Since then, I managed the 13 litigation cases there for about eight 14 years and I did various other things, 15 including patent licensing, strategy setup 16 for a patent pool. 17 Q. I'll ask you more specifically 18 about the various positions you've held at 19 Samsung. 20 Just to go back to your 21 education, I think you testified that you 22 got a bachelor and a master's degree from 23 Hanyang University. 24 Did I get that right? 25 A. Yes. Veritext Legal Solutions 212-279-9424 www.veritext.com 212-490-3430 FILED: NEW YORK COUNTY CLERK 11/20/2023 06:16 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 225 HIGHLY CONFIDENTIAL RECEIVED NYSCEF: 11/20/2023 OUTSIDE COUNSEL EYES ONLY Page 18 1 K. Chong -- HIGHLY CONFIDENTIAL 2 Q. Did you go to law school in 3 Korea? 4 A. No, in the United States. 5 Q. And which law school did you go 6 to? 7 A. University of Southern 8 California. 9 Q. Which branch? 10 A. It was the school of law, Gould. 11 Q. And what degree did you get? 12 A. LLM. 13 Q. When was that? 14 A. It was 2017. 15 Q. Did you have any other higher 16 education in Korea? 17 A. No. 18 Q. Prior to moving into the IP 19 department at Samsung, did you get any 20 specialized education in the law? 21 A. No. 22 Q. Did you develop any other 23 qualifications that enabled you to begin 24 the work in the IP department in 2002? 25 A. I beg your pardon? Can you Veritext Legal Solutions 212-279-9424 www.veritext.com 212-490-3430 FILED: NEW YORK COUNTY CLERK 11/20/2023 06:16 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 225 HIGHLY CONFIDENTIAL RECEIVED NYSCEF: 11/20/2023 OUTSIDE COUNSEL EYES ONLY Page 19 1 K. Chong -- HIGHLY CONFIDENTIAL 2 repeat your question? 3 Q. Sure. 4 I think you testified that you 5 worked as an engineer from the time you 6 began working at Samsung, and then in 2002 7 you moved into the IP department. 8 Did I get that right? 9 A. Yes. 10 Q. My question is did you get any 11 additional education or develop any other 12 training or qualifications before you 13 moved into the IP department? 14 A. No. 15 Q. What prompted you to get an LLM 16 from USC in 2017? 17 A. Prompted? 18 Q. Prompted, why did you go to law 19 school? 20 A. Because I thought I need that 21 degree to apply for an exam to get a U.S. 22 license as an attorney. 23 Q. To apply for an exam, did you 24 say? 25 A. Yes. Veritext Legal Solutions 212-279-9424 www.veritext.com 212-490-3430 FILED: NEW YORK COUNTY CLERK 11/20/2023 06:16 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 225 HIGHLY CONFIDENTIAL RECEIVED NYSCEF: 11/20/2023 OUTSIDE COUNSEL EYES ONLY Page 20 1 K. Chong -- HIGHLY CONFIDENTIAL 2 Q. Did you apply for a law license 3 in the U.S.? 4 A. Yes. 5 Q. And are you licensed to practice 6 law now in the United States? 7 A. Yes. 8 Q. In what jurisdiction? 9 A. District of Columbia. 10 Q. And when did you become licensed 11 to practice law in the District of 12 Columbia? 13 A. From 2019. 14 Q. Did you ever practice law? 15 A. I served as an in-house IP 16 member. I did not practice any outside 17 practice. 18 Q. Do you maintain an active Bar 19 membership in the District of Columbia? 20 A. Can you repeat your question, 21 the first part? 22 Q. Do you main an active Bar 23 membership in the District of Columbia? 24 A. Yes. 25 Q. You take the CLEs and fill out Veritext Legal Solutions 212-279-9424 www.veritext.com 212-490-3430 FILED: NEW YORK COUNTY CLERK 11/20/2023 06:16 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 225 HIGHLY CONFIDENTIAL RECEIVED NYSCEF: 11/20/2023 OUTSIDE COUNSEL EYES ONLY Page 21 1 K. Chong -- HIGHLY CONFIDENTIAL 2 the forms and maintain a license? 3 A. I'm not quite sure, because as 4 far as I know, there's no continuous legal 5 education program needed for D.C. 6 membership. 7 Q. But as far as you know, you have 8 an active license in D.C.? 9 A. Yes. 10 Q. And was that a requirement for a 11 position at Samsung that you become 12 licensed? 13 A. No, it was not mandatory. 14 Q. Just something you chose to do? 15 A. Yes. 16 Q. Are you the member of any 17 professional associations or Bar 18 associations? 19 A. Other than the D.C. Bar? 20 Q. Correct. 21 A. No. 22 Q. How about in Korea, if that 23 wasn't clear? 24 A. No. 25 Q. You're not admitted to the Veritext Legal Solutions 212-279-9424 www.veritext.com 212-490-3430 FILED: NEW YORK COUNTY CLERK 11/20/2023 06:16 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 225 HIGHLY CONFIDENTIAL RECEIVED NYSCEF: 11/20/2023 OUTSIDE COUNSEL EYES ONLY Page 22 1 K. Chong -- HIGHLY CONFIDENTIAL 2 patent Bar; is that right? 3 A. No. 4 Q. Did you have any kind of 5 concentration in your LLM studies at USC? 6 A. Concentration for what? 7 Q. Did you specialize in a 8 particular area of law when you got your 9 LLM? 10 A. No. 11 Q. Do you have any other 12 postbaccalaureate education other than 13 what you've testified about? 14 A. No. 15 Q. Let's go back to your experience 16 at Samsung. 17 What was your first position 18 there, and when did it start? 19 A. My first position was -- I don't 20 remember correctly, it was more than ten 21 years ago, but it must be assistant 22 manager or something like that. 23 Q. Do you remember what department 24 or division you were in? 25 A. It was package team. Veritext Legal Solutions 212-279-9424 www.veritext.com 212-490-3430 FILED: NEW YORK COUNTY CLERK 11/20/2023 06:16 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 225 HIGHLY CONFIDENTIAL RECEIVED NYSCEF: 11/20/2023 OUTSIDE COUNSEL EYES ONLY Page 23 1 K. Chong -- HIGHLY CONFIDENTIAL 2 Q. And approximately when did that 3 position start? 4 A. Since 2000. 5 Q. How long were you in that 6 position? 7 A. Less than two years. 8 Q. And what did you do after that? 9 A. I moved to IP department. 10 Q. In what year? 11 A. In 2002. 12 Q. And what was your position 13 there? 14 A. The same, assistant manager. 15 Q. When you say IP department, 16 you're referring to intellectual property; 17 is that right? 18 A. That's right. 19 Q. Is that division called the IP 20 center at Samsung? 21 A. At that time there was no IP 22 center. 23 Q. How long were you in the 24 position that started in 2002? 25 A. The assistant manager or -- Veritext Legal Solutions 212-279-9424 www.veritext.com 212-490-3430 FILED: NEW YORK COUNTY CLERK 11/20/2023 06:16 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 225 HIGHLY CONFIDENTIAL RECEIVED NYSCEF: 11/20/2023 OUTSIDE COUNSEL EYES ONLY Page 24 1 K. Chong -- HIGHLY CONFIDENTIAL 2 Q. Yes. 3 A. Again, I don't remember when I 4 was promoted to manager, but it must be 5 two to four years. 6 Q. Can you recall what your 7 responsibilities were as an assistant 8 manager in the IP department? 9 A. I managed the patent litigation 10 from in house. 11 Q. What kinds of things did you do 12 specifically? 13 A. I managed various different 14 kinds of patent litigation, including 15 mobile phone patent litigations and other 16 consumer electronics litigations. 17 Q. Were these litigations pending 18 in South Korea or elsewhere? 19 A. Mostly in the United States. 20 Q. And then at some point several 21 years later I think you testified that you 22 got promoted to manager in that 23 department; is that right? 24 A. Right. 25 Q. And how did your Veritext Legal Solutions 212-279-9424 www.veritext.com 212-490-3430 FILED: NEW YORK COUNTY CLERK 11/20/2023 06:16 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 225 HIGHLY CONFIDENTIAL RECEIVED NYSCEF: 11/20/2023 OUTSIDE COUNSEL EYES ONLY Page 25 1 K. Chong -- HIGHLY CONFIDENTIAL 2 responsibilities change, if any, once you 3 got promoted? 4 A. My responsibility remained the 5 same. 6 Q. Who did you report to? 7 A. At that time it was Hosik Jang. 8 Q. How long were you in that 9 position? 10 A. Manager position? 11 Q. Yes. 12 A. It's complicated, because there 13 was a lateral movement. 14 Q. A what, sorry? 15 A. A lateral movement to other 16 departments or so, but I can say that it 17 was about four years. 18 Q. And what was your next position? 19 A. I was transferred to licensing 20 department, patent licensing department. 21 Q. And when did that transfer take 22 place? 23 A. In 2010. 24 Q. How long were you in that 25 position? Veritext Legal Solutions 212-279-9424 www.veritext.com 212-490-3430 FILED: NEW YORK COUNTY CLERK 11/20/2023 06:16 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 225 HIGHLY CONFIDENTIAL RECEIVED NYSCEF: 11/20/2023 OUTSIDE COUNSEL EYES ONLY Page 26 1 K. Chong -- HIGHLY CONFIDENTIAL 2 A. About a year or two years. 3 Q. What were your responsibilities 4 in that position? 5 A. Patent licensing negotiation. 6 Q. Were you negotiating licensing 7 for patents that were owned by Samsung? 8 A. Mostly it was for acquiring 9 licenses from other third party patent 10 holders. 11 Q. So licensee side then? 12 A. Right. 13 Q. Did you deal with any patent 14 pools in that time period? 15 A. No. 16 Q. These were all direct licenses 17 with the patent holders? 18 A. That's right. 19 Q. Did someone in your same 20 department handle work that involved 21 patent pools, if any? 22 A. At that time? 23 Q. At that time. 24 A. I don't remember correctly. 25 Q. What kind of technology do you Veritext Legal Solutions 212-279-9424 www.veritext.com 212-490-3430 FILED: NEW YORK COUNTY CLERK 11/20/2023 06:16 PM INDEX NO. 656312/2022 NYSCEF DOC. NO. 225 HIGHLY CONFIDENTIAL RECEIVED NYSCEF: 11/20/2023 OUTSIDE COUNSEL EYES ONLY Page 27 1 K. Chong -- HIGHLY CONFIDENTIAL 2 recall were you involved in licensing the 3 patents for? 4 A. Various different kinds, but 5 it's mainly related to mobile phones or 6 other consumer electronic products. 7 Q. "Web phones", did you say? 8 A. Mobile phone. 9 Q. I didn't catch that. I think 10 you said "mainly related to web phones"; 11 is that right? 12 A. No, no, mobile phones. 13 Q. In that role, were you involved 14 in litigation at all? 15 A. Yes, the negotiation for -- the 16 licensing negotiation is pretty much 17 combined with other type of disputes, such 18 as litigation, so yes, we worked together. 19 Q. Understood. 20 I believe you said this role 21 started in about 2010 and lasted for one 22 or two years; is that right? 23 A. Yes. 24 Q. And what was your next role at 25 Samsung? Veritext Legal Solutions 212-279-9424 www.veritext.com 212-490-3430 FILED: NEW YORK COUNTY CLERK 11/20/2023 06:16 PM INDEX NO. 656312/2022 NYSCEF DOC. 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