In The Matter Of:
`
`SKYWORKS SOLUTIONS, INC.
`v.
`KINETIC TECHNOLOGIES, INC.
`
`   ___________________________________________________
`NILSSON, JAN ‐ Vol. 1
`October 6, 2014
`
`   ______________________________________________
`
`
`Page 1
`
`Skyworks Ex. 2038
`Kinetic v. Skyworks
`Case IPR2014-00690
`
`PUBLIC VERSION
`
`

`

` IN THE UNITED STATES DISTRICT COURT
` FOR THE NORTHERN DISTRICT OF CALIFORNIA
` SAN FRANCISCO DIVISION
` ---oOo---
`SKYWORKS SOLUTIONS, INC.,
` Plaintiff,
` vs. No. 3:14-cv-10 SI
`KINETIC TECHNOLOGIES, INC.,
` Defendant.
`_______________________________/
`
`
` DEPOSITION OF JAN NILSSON
` October 6, 2014
`
`Reported by:
`Natalie Y. Botelho
`CSR No. 9897
`
`Page 2
`
`PUBLIC VERSION
`
`

`

`JAN NILSSON - 10/6/2014
`Page 2
`
` INDEX
` INDEX OF EXAMINATIONS
` Page
`EXAMINATION BY MR. RAZAI...........................7
`EXAMINATION BY MR. KOLASSA.......................239
`FURTHER EXAMINATION BY MR. RAZAI.................241
`
` ---oOo---
`
` EXHIBITS MARKED FOR IDENTIFICATION
`No. Description Page
`Exhibit 33 An invoice from AEG, to...........179
` Kinetic Technologies, dated
` 27 Feb 2008, Bates
` KINETIC_0731823
`
`Exhibit 34 Plaintiff Skyworks Solution,......196
` Inc.'s Complaint for Patent
` Infringement; Demand for Jury
` Trial
`Exhibit 35 Declaration for Utility or........200
` Design Patent Application
`
`Exhibit 36 A spreadsheet entitled "Sample....212
` Design-In Form"
`Exhibit 37 A spreadsheet entitled "Korea.....218
` Monthly sales report, Month:
` April 2013," Bates
` KINETIC_4605528
`
`Exhibit 38 A spreadsheet entitled "2013......228
` Sale Region Analysis"
`
` ---oOo---
`
`Page 3
`
` FIRST REFERENCE TO PREVIOUSLY MARKED EXHIBITS
`No. Description Page
`Exhibit 8 A document entitled "Kinetic......152
` Technologies Inc., Series A
` Fundraising," Bates
` KINETIC_0034650 through
` KINETIC_0034651
`Exhibit 13 A document entitled "Kinetic.......98
` 2013 - Understanding the
` Entity and its Environment,"
` Bates KINETIC_2543859 through
` KINETIC_2543863
`Exhibit 14 Kinetic Technologies Annual.......181
` Report 2012, Bates
` KINETIC_0017646 through
` KINETIC_0017651
`
`Exhibit 19 A document entitled "Series A......81
` Financing November 2007," Bates
` KINETIC_0019809 through
` KINETIC_0019858
`Exhibit 20 A document entitled "Kinetic......125
` Technologies, Innovation in
` Motion," Bates KINETIC_0015363
` through KINETIC_0015395
`
`Exhibit 21 A document entitled "Kinetic......162
` Technologies, 2011 Sales
` Meeting R&D Products Review,
` Lu Chen," Bates KINETIC_0732284
` through KINETIC_0732298
`
`Exhibit 22 A document entitled "Kinetic......172
` Technologies, innovation in
` motion, Oct 2012," Bates
` KINETIC_0005693 through
` KINETIC_0005744
`
`Exhibit 26 A document entitled "Kinetic.......25
` Technologies, Confidential
` code 20110117, Series B,
` January 2011," Bates
` KINETIC_0035789 through
` KINETIC_0035809
`
`1
`2
`3
`4
`
`5
`
`6
`7
`
`8
`9
`
`10
`
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`
`12
`13
`14
`
`15
`
`16
`
`17
`18
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`1
`2
`3
`4
`5
`6
`
`78
`
`9
`10
`11
`12
`
`13
`
`14
`
`15
`
`16
`17
`
`18
`
`19
`20
`
`21
`
`22
`
`23
`24
`25
`
`1
`2
`3
`
`4
`
`5
`6
`
`7
`
`8
`9
`
`10
`
`11
`
`12
`
`13
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`Page 4
` FIRST REFERENCE TO PREVIOUSLY MARKED EXHIBITS
` (CONTINUED)
`No. Description Page
`Exhibit 27 A document entitled "Kinetic......183
` Technologies: Samsung Updates,
` March 2013," Bates
` KINETIC_0032932 through
` KINETIC_0032952
`Exhibit 29 A group of spreadsheets...........213
` entitled "Korea Monthly sales
` report, Month: April 2013,"
`Exhibit 30 A document entitled "Samsung......195
` Business," Bates
` KINETIC_0032590 through
` KINETIC_0032593
`
` ---oOo---
`
`Page 5
` BE IT REMEMBERED THAT, on Monday, October
`6, 2014, commencing at the hour of 10:12 o'clock
`a.m. of the said day, at the law offices of KNOBBE,
`MARTENS, OLSON & BEAR LLP, 333 Bush Street, 21st
`Floor, San Francisco, California, before me, NATALIE
`Y. BOTELHO, a Certified Shorthand Reporter for the
`State of California, personally appeared JAN
`NILSSON, a witness in the above-entitled court and
`cause, who, being by me first duly sworn, was
`examined in said cause.
`
` APPEARANCE OF COUNSEL
`
`FOR PLAINTIFF:
` KNOBBE MARTENS OLSON & BEAR, LLP
` BY: ALI S. RAZAI MPH, J.D., ESQ.
` 2040 Main Street, 14th Floor
` Irvine, CA 92614
` (949)760-0404
` ali.razai@knobbe.com
`
`FOR DEFENDANT:
` KILPATRICK TOWNSEND & STOCKTON LLP
` BY: SCOTT KOLASSA, ESQ. and
` OLIVER KROLL, ESQ.
` 1080 Marsh Road
` Menlo Park, CA 94025
` (650)324-6349
` skolassa@kilpatricktownsend.com
` okroll@kilpatricktownsend.com
`
`ALSO PRESENT:
`
` Jennifer McKay, Videographer
`
`Merrill Corporation
`www.deposition.com/southern-california.htm
`
`2 (Pages 2 to 5)
`800-826-0277
`
`Page 3
`
`PUBLIC VERSION
`
`

`

`JAN NILSSON - 10/6/2014
`Page 6
` MONDAY, OCTOBER 6, 2014, 10:12 A.M.
`
`Page 8
`
` PROCEEDINGS
` THE VIDEOGRAPHER: Here begins volume 1,
`video No. 1, in the deposition of Jan Nilsson, in
`the matter of Skyworks Solutions versus Kinetic
`Technologies, in United States District Court,
`Northern District of California, San Francisco
`Division. Case number is 3:14-cv-10 SI.
` Today's date is October 6th, 2014, and the
`time on the video monitor is 10:12 a.m. Your video
`operator today is Jennifer McKay, a notary public,
`employed by Merrill in San Francisco, California.
`This video deposition is taking place at Knobbe
`Martens Olson & Bear in San Francisco.
` Counsel, please identify yourselves and
`state whom you represent.
` MR. RAZAI: Ali Razai from Knobbe Martens,
`on behalf of plaintiff, Skyworks.
` MR. KOLASSA: Scott Kolassa for -- from
`Kilpatrick Townsend, on behalf of Kinetic
`Technologies, Inc. With me is Oliver Kroll, also
`from Kilpatrick Townsend.
` THE VIDEOGRAPHER: Your court reporter
`today is Natalie Botelho of Merrill. Would the
`
`Page 7
`
`Page 9
`
`reporter please swear in the witness.
`
` JAN NILSSON,
` being first duly sworn, testified as follows:
`
` THE VIDEOGRAPHER: Please begin.
` EXAMINATION BY MR. RAZAI
` MR. RAZAI: Q. Good morning, Mr. Nilsson.
`A. Good morning.
`Q. Mr. Nilsson, can you please state your
`full name for the record?
`A. Jan Nilsson.
`Q. Can you spell that, as well, please?
`A. J-A-N, N-I-L-S-S-O-N.
`
`1
`
`23
`
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`1
`
`23
`
`4
`
`56
`
`7
`8
`9
`10
`11
`12
`13
`14
`
`Merrill Corporation
`www.deposition.com/southern-california.htm
`
`3 (Pages 6 to 9)
`800-826-0277
`
`Page 4
`
`PUBLIC VERSION
`
`

`

`HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY
`JAN NILSSON - 10/6/2014
`Page 10
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`Page 11
`
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`Q. Mr. Nilsson, who are you employed by
`currently?
`A. Kinetic Technologies.
`Q. And what is your title?
`A. I'm the executive chairman.
`Q. Bring you back for a second. You said
`you're employed by Kinetic Technologies, correct?
`A. (Nods head.)
`Q. Now, it's my understanding that there's
`several different entities within Kinetic
`Technologies, correct?
`A. Many entities, yes.
`
`Page 12
`Q. Which entity are you employed by?
`A. I'm the chairman of the board of the
`Cayman company. I'm getting my salary from the U.S.
`entity.
`Q. Okay. Aside from serving as the chairman
`of the Kinetic Cayman entity, do you have any duties
`with respect to your role as the chairman of the
`U.S. entity?
`A. I'm acting as the, if you like, advisor to
`the CEO as -- that's my day-to-day job. I get my
`salary from U.S., but my main interest is the
`Kinetic overall, and I'm on -- the chairman of the
`board of the Cayman entity, which represents Kinetic
`overall.
`Q. So you say -- when you say that your role
`is the direct -- board of directors for the Cayman
`entity, are you saying that the board of directors
`for the Cayman entity involved itself with the
`business of all the entities?
` MR. KOLASSA: Objection; vague.
` THE WITNESS: The -- all the other
`entities of Kinetic are hundred percent owned by the
`Cayman entity.
` MR. RAZAI: Q. Okay. And so in your role
`as a board -- on the board of directors at the
`
`Page 13
`Cayman entity, does the board involve itself with
`the business of all the entities?
` MR. KOLASSA: Same objection.
` THE WITNESS: We represent the
`shareholders for Kinetic, and whatever -- we are
`there placed by the shareholders to maximize the
`result of Kinetic. That involves many entities, and
`we guide and advise these different entities to
`maximize that result.
` MR. RAZAI: Q. Okay. So when -- are
`there regular meetings of the board of directors of
`the Cayman entity?
`A. Yes.
`Q. And during these meetings do you discuss
`research and development?
`A. Yes.
`Q. During the meetings do you discuss
`manufacturing of the different products that Kinetic
`sells?
`A. In broad terms, yes.
`Q. Do you discuss sales of products by
`various Kinetic entities?
`A. We only discuss sales from one entity.
`Q. And which entity is that?
`A. Hong Kong.
`
`Merrill Corporation
`www.deposition.com/southern-california.htm
`
`4 (Pages 10 to 13)
`800-826-0277
`
`Page 5
`
`

`

`Page 16
`
`else I read.
`A. We oversee the activity. We give
`direction. Doesn't mean the board is involved in
`the details of the business.
`Q. Okay. So during the board of directors
`meetings does the board generally discuss everything
`related to Kinetic business?
` MR. KOLASSA: Objection; vague.
` THE WITNESS: On a top level.
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`
`JAN NILSSON - 10/6/2014
`Page 14
`Q. So does the board of directors at Cayman
`discuss sales of Kinetic products by Kinetic Hong
`Kong?
`A. Again, please.
`Q. In the board of directors meetings that
`you are a part of, does the board of directors at
`Cayman attend -- discuss sales of Kinetic products
`by Kinetic Hong Kong?
`A. In a broad sense, yes. That drives the
`results. Of course we have to discuss that.
`Q. Okay. And do you discuss sales by the
`various branch offices of Kinetic Hong Kong, as
`well?
` MR. KOLASSA: Objection; vague, lacks
`foundation.
` THE WITNESS: We want to determine where
`the business is coming from, obviously.
` MR. RAZAI: Q. So that is discussed?
`A. In a broad --
` MR. KOLASSA: Same objections.
` THE WITNESS: -- broad term.
` MR. RAZAI: Q. During the board of
`directors meetings does the board sometimes discuss
`marketing of Kinetic products?
`A. I can't think of any specific event when
`
`Page 17
`
`Page 15
`that really happened, but again, in a broad term, we
`discuss everything related to Kinetic business, and
`what makes -- how we can improve or drive that
`business.
`Q. Okay.
`A. So in a broad term, we discuss every
`subject of Kinetic, without going into too many
`details.
`Q. So it's your testimony that during the
`board of directors meeting, the board directs
`every -- strike that. Start again.
` So it's your testimony that during the
`board of directors meetings at Kinetic Cayman, the
`board discusses everything related to Kinetic
`business and how the board can either improve or
`drive that business, correct?
` MR. KOLASSA: Objection to the extent it
`mischaracterizes the prior testimony, vague.
` THE WITNESS: That's not really what I
`said.
` MR. RAZAI: Q. And I can go back. I
`actually quoted -- every word that I used was a
`quote from your testimony. I didn't -- there
`weren't -- the only part that was mine was "during
`the board of directors meetings," and everything
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`Merrill Corporation
`www.deposition.com/southern-california.htm
`
`5 (Pages 14 to 17)
`800-826-0277
`
`Page 6
`
`PUBLIC VERSION
`
`

`

`JAN NILSSON - 10/6/2014
`Page 114
`
`Page 116
`
`Page 115
`
`Page 117
`
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`Q. I'll let your counselor object, as well.
`But my question is, based solely on your role as the
`executive chairman at Kinetic Technologies, as the
`executive chairman of Kinetic Cayman, is it relevant
`to your duties which Kinetic entity execute what
`different tasks?
` MR. KOLASSA: Same objection.
` THE WITNESS: From a result point of view,
`I never even care about that. But obviously there
`is some kind of a legal structure and rules by --
`that has to be observed depending on which entity we
`operate under. But from a result point of view, I
`don't really care. All that is in place. It was
`set up at some time with legal counsel and
`accountants, and I trust that that structure is
`legal and protects the interest of Kinetic.
` MR. RAZAI: Q. So as the executive
`chairman of Cayman, you have a particular job to do,
`right?
`
`Merrill Corporation
`www.deposition.com/southern-california.htm
`
`30 (Pages 114 to 117)
`800-826-0277
`
`Page 7
`
`PUBLIC VERSION
`
`

`

`JAN NILSSON - 10/6/2014
`Page 118
`
`Page 120
`
`1
`2
`3
`4
`5
`
`A. (Nods head.)
`Q. And is that job, the approach you take,
`different depending on which Kinetic entity's
`operations you're dealing with?
`A. No.
`
`Page 119
`
`Page 121
`
`Merrill Corporation
`www.deposition.com/southern-california.htm
`
`31 (Pages 118 to 121)
`800-826-0277
`
`Page 8
`
`PUBLIC VERSION
`
`

`

`
`
`Skvworks Solutions. Inc .. v. Kinetic Technologies. Inc.
`
`United States District Court, Northern District of California
`Case No. 3:14-cv-10 SI
`
`Deposition of JAN NILSSON
`
`DEPOSITION ERRATA SHEET
`
`Pa!!e
`
`Line(s)
`
`Chan!!e From:
`
`40
`
`5
`
`inventor
`
`Chan!!e To:
`
`investor
`
`211
`
`14
`
`Ken
`
`Kin
`
`DECLARATION UNDER PENALTY OF PERJURY
`
`I declare under penalty of perjury that I have read the entire transcript of my Deposition
`
`taken in the captioned matter, and the same is true and accurate, save and except for changes
`
`and/or corrections, if any, as indicated by me on the DEPOSITION ERRATA SHEET hereof,
`
`with the understanding that I offer these changes as if still under oath.
`
`Signed on this b l day of () G~ b~ 2014.
`
`;\[.·~
`
`Page 9
`
`PUBLIC VERSION
`
`

`

`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`CERTIFICATE OF REPORTER
`
`I, NATALIE Y. BOTELHO, a Certified Shorthand
`
`Reporter, hereby certify that the witness in the
`
`foregoing deposition was by me duly sworn to tell the
`
`truth, the whole truth, and nothing but the truth in the
`
`within-entitled cause;
`
`That said deposition was taken down in
`
`shorthand by me, a disinterested person, at the time and
`
`place therein stated, and that the testimony of the said
`
`witness was thereafter reduced to typewriting, by
`
`computer, under my direction and supervision;
`
`That before completion of the deposition,
`review of the transcript [ ] was [ v{ was not requested.
`
`If requested, any changes made by the deponent (and
`
`provided to the reporter) during the period allowed are
`
`appended hereto.
`
`I further certify that I am not of counsel or
`
`attorney for either or any of the parties to the said
`
`deposition, nor in any way interested in the event of
`
`this cause, and that I am not related to any of the
`
`parties thereto.
`oATEo: Oc\t>\?ev' T-+-1 'l_O_\Y~----
`
`Y'/J.ialti ~lib~
`
`NATALIE Y. BOTE HO, CSR No. 9897
`
`Page 10
`
`PUBLIC VERSION
`
`