Case 5:16-cv-00179-RWS Document 56-6 Filed 03/22/18 Page 1 of 18 PageID #: 944
`Case 5:16-cv-00179—RWS Document 56-6 Filed 03/22/18 Page 1 of 18 PageID #: 944
`
`EXHIBIT E
`
`EXHIBIT E
`
`

`

`v.
`
`HUAWEI DEVICE USA, INC., and
`HUAWEI DEVICE CO., LTD.,
`
`
`Plaintiff,
`
`
`Defendants.
`
`
`
`
`HITACHI MAXELL, LTD.,
`
`
` Civil Action No. 5:16-CV-178-RWS
`
` Civil Action No. 5:16-CV-179-RWS
`
`Case 5:16-cv-00179-RWS Document 56-6 Filed 03/22/18 Page 2 of 18 PageID #: 945
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`
`
`
`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`
`
`
`
`
`HITACHI MAXELL, LTD.,
`
`
`v.
`
`ZTE CORP. and ZTE USA INC.,
`
`
`Plaintiff,
`
`
`Defendants.
`
`
`
`
`
`
`
`
`
`
`
`EXPERT REPORT OF TÜLIN ERDEM
`JANUARY 5, 2018
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`

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`Case 5:16-cv-00179-RWS Document 56-6 Filed 03/22/18 Page 3 of 18 PageID #: 946
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`TABLE OF CONTENTS
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`I.  QUALIFICATIONS AND STATEMENT OF ASSIGNMENT .......................................1 
`A. 
`Qualifications ...........................................................................................................1 
`B. 
`Assignment ..............................................................................................................2 
`C. 
`Materials Relied Upon .............................................................................................4 
`D. 
`Compensation ..........................................................................................................4 
`II.  OVERVIEW OF OPINION .................................................................................................4 
`III.  SURVEY ................................................................................................................................5 
`A. 
`Overview ..................................................................................................................5 
`B. 
`Survey Design ..........................................................................................................6 
`1. 
`Feature Selection ..........................................................................................6 
`2. 
`Survey Methodology ..................................................................................11 
`a. 
`Survey Instrument ..........................................................................11 
`b. 
`Survey Design and Implementation ...............................................18 
`c. 
`Pre-test ...........................................................................................24 
`d. 
`Survey Administration ...................................................................26 
`Survey Results .......................................................................................................27 
`C. 
`IV.  CONCLUSION ...................................................................................................................28 
`
`
`i
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`I.
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`QUALIFICATIONS AND STATEMENT OF ASSIGNMENT
`A. Qualifications
`1.
`I am the Leonard N. Stern Professor of Business Administration and Professor of
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`Marketing at the Stern School of Business, New York University. I previously served as the Co-
`
`Director of the Center for Digital Economy Research and the Director of NYU’s Stern Center for
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`Measurable Marketing.
`
`2.
`
`Before joining the Stern School of Business in 2006, I was the E.T. Grether
`
`Professor of Business Administration and Marketing at the Haas School of Business, University
`
`of California at Berkeley. I joined the Haas School of Business in 1993, where I served as the
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`Associate Dean for Academic Affairs, Marketing Group Chair, and the Ph.D. Director. I was
`
`also the Chair of the campus-wide Committee on Research (COR) and the University of
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`California, Berkeley representative of the University of California system-wide Committee on
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`Research.
`
`3.
`
`I hold a B.A. in Economics from Boğaziçi University in Turkey and an M.A. in
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`Economics and a Ph.D. in Business Administration from the University of Alberta in Canada,
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`with a major in marketing and minors in economics and statistics. My research interests include
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`consumer behavior and choice, consumer decision-making under uncertainty, advertising, brand
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`management and equity, econometric modeling, empirical modeling and quantitative analysis,
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`marketing mix effectiveness, marketing research, and pricing. I have published several papers in
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`top journals in my field and have received best paper awards, as well as major research grants,
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`including two major National Science Foundation (NSF) grants.
`
`4.
`
`I have served as the Editor-in-Chief of the Journal of Marketing Research, the
`
`preeminent academic journal of the American Marketing Association, which publishes work on
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`1
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`consumer behavior, marketing science models, marketing strategy, and marketing research
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`methodologies. I also served as an Area Editor at a top-tier journal called Marketing Science and
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`as Associate Editor for Quantitative Marketing and Economics at the Journal of Consumer
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`Research. Currently, I serve on the Advisory boards of Marketing Science and Journal of
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`Marketing Research, am a Senior Editor of International Journal of
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`Research in Marketing, am an Area Editor at Journal of Marketing Behavior, and serve on the
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`editorial boards of the Journal of the Academy of Marketing Science and Marketing Letters.
`
`5.
`
`I have more than 20 years of teaching experience, during which I have taught
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`empirical market research, branding, brand and product management, marketing management,
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`and international marketing in undergraduate, MBA, and executive education programs. I also
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`have taught doctoral seminars on consumer choice and various aspects of marketing modeling. A
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`complete list of my publications, honors, awards, and professional activities is provided in my
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`CV, attached in Exhibit 1.
`
`6.
`
`From 2008 to 2012, I was an Academic Partner at Prophet, a branding and
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`marketing consultancy firm. In this role, I helped Prophet run several marketing research and
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`consumer decision-making studies for Prophet’s clients.
`
`7.
`
`I have served as an expert witness in several cases, on matters relating to
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`marketing, consumer behavior, brand positioning, and brand equity. I have conducted, analyzed,
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`and evaluated consumer surveys in these roles. My testimony has never been excluded from
`
`litigation due to any issue involving my qualifications or expertise. The list of cases for which I
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`submitted testimony in the past four years is available in Exhibit 1.
`
`B. Assignment
`
`8.
`
`I have been retained by Mayer Brown LLP, counsel for Plaintiff Maxell, Ltd.
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`relied upon to draw inferences about the awareness of and importance to users of the patented
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`features relative to other features included in the survey. A summary of the survey results is
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`shown in Exhibits 3-7.
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`III.
`
`SURVEY
`A. Overview
`
`14.
`
`I designed and conducted a survey using well-established survey methodology
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`principles to measure awareness and importance of the patented features among current Android
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`smartphone and tablet users, relative to other features. For the importance measure, I used a
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`rating-based question, often referred to as a Likert scale in the survey literature. Likert scale
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`questions are an easy-to-understand, well-accepted standard survey method.6 They are “one of
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`the most frequently used tools in the social sciences” “to measure not only attitudes, but
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`opinions, personalities, and descriptions of people’s lives and environments as well.”7
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`15.
`
`Suppose a researcher would like to ask consumers about the importance of a
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`particular feature. One approach would be to ask, for example, “Is battery life of your
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`smartphone important to you? [yes/no].” In this situation, the closed-ended yes or no question
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`presents the respondent with a dichotomous choice that does not reflect the intensity of
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`importance. An improvement to this question would be to present response categories that form
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`an ordered rating scale, such as, “How important or unimportant is battery life in your experience
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`using your Android smartphone? [1- Very unimportant, 2- Somewhat unimportant, 3- Neither
`
`
`
`6 Tourangeau, R., Rips, L. J., and Rasinski, K., The Psychology of Survey Response (2000), New York:
`Cambridge University Press, at pp. 230-254. Further, ratings are considered easier than rankings because the
`former “do not require choices among items [and] they take less time” than ranking questions. Converse, J. M.,
`and Presser, S., Survey Questions: Handcrafting the Standardized Questionnaire (1986), Issue 63 Sage
`Publications, at p. 28.
`Spector, P. E., Summated Rating Scale Construction: An Introduction (1992), Issue 82 Sage Publications, at p.
`1.
`
`7
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`5
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`important nor unimportant, 4- Somewhat important, 5- Very important, and 6- Don’t
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`know/unsure].” In this example, the five response categories (plus “Don’t know/unsure”) are
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`labeled and implicitly ordered from “very unimportant” to “very important.” Such labeled and
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`ordered response categories are referred to as a rating scale or Likert scale and measure the level
`
`of importance by providing a comprehensive range of options with well-defined equal intervals.8
`
`16.
`
`Studies suggest that “reliability is higher when all points are labeled with words
`
`than when only some are,” and “[r]esearchers can maximize reliability and validity by selecting
`
`labels that divide up the continuum into approximately equal units.”9
`
`B. Survey Design
`1.
`Feature Selection
`
`17.
`
`I designed and executed an online survey to evaluate current awareness and
`
`importance of specific features available on Android smartphones and tablets. I surveyed
`
`respondents about seven smartphone and tablet features, including three features which I have
`
`been informed were enabled by the ’443 Patent, the ’317 Patent, and the ’440 Patent.10 To
`
`develop the survey instrument, I first consulted with the technical experts in this case to construct
`
`the following descriptions of the features enabled by the ’443, ’317, and ’440 Patents:11
`
`
`
`8 Krosnick, J. A., and Presser, S., “Question and Questionnaire Design,” Handbook of Survey Research (2010),
`Second Edition, United Kingdom: Emerald Group Publishing Limited, edited by Marsden, P. V. and Wright, J.
`D., pp. 263-313, at pp. 268-269.
`9 Krosnick, J. A., and Presser, S., “Question and Questionnaire Design,” Handbook of Survey Research (2010),
`Second Edition, United Kingdom: Emerald Group Publishing Limited, edited by Marsden, P. V. and Wright, J.
`D., pp. 263-313, at p. 275.
`10 As will be discussed below, one of the “distractor” features was applicable only to smartphones and was only
`presented to respondents surveyed about smartphones. Further, all respondents were presented with an
`additional, non-existent feature that will be discussed below.
`11 Communications with Dr. Joshua Phinney, Dr. Vijay Madisetti, and Dr. Michael Caloyannides.
`
`6
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` Automatic power-saving mode: When you don’t use your [DEVICE]12
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`for a period of time, your [DEVICE] will automatically enter “power-
`
`saving mode” which turns off certain functionalities in order to prolong
`
`the [DEVICE]’s battery life. For example, after a period of inactivity your
`
`[DEVICE]’s screen will dim and then turn off. Without this feature, you
`
`would have to manually turn off selected functionalities to save battery
`
`life.13
`
` Automatic GPS map orientation: When you use your [DEVICE]’s GPS
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`application for walking navigation, your map orientation will adjust
`
`automatically when you turn or change direction so that the map will face
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`in the same direction as you are at all times. Without this feature, the map
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`would face in one direction, such as North, and you would have to
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`manually rotate your device if you want the map to face the direction you
`
`are walking.14
`
` Thumbnail image storage: Your [DEVICE] stores pictures and video as
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`thumbnails (smaller versions of the image) that can be recognized or
`
`searched without opening up the picture or video. Without this feature, in
`
`order to browse pictures and video, you would have to open up the
`
`
`
`12
`
`In the survey, “[DEVICE]” was replaced by “smartphone” or “tablet” depending upon which device the
`respondent was surveyed about.
`13 This feature is associated with the ’443 Patent (communications with Dr. Joshua Phinney).
`14 This feature is associated with the ’317 Patent (communications with Dr. Michael Caloyannides).
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`7
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`pictures and videos one at a time.15
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`18.
`
`In addition to these three patented features, I included other features in the survey,
`
`referred to as distraction features or controls. A well-designed survey should not indicate the
`
`purpose of the study to the respondents or suggest to respondents that they should provide a
`
`particular response “demanded” by the survey (referred to as demand effects or demand
`
`artifacts).16 To avoid drawing attention to the patented features and to ensure objectivity, I
`
`included distraction/control features that are potentially important to a user of an Android
`
`smartphone or tablet but are unrelated to the patented features. The inclusion of these features
`
`also enables an assessment of relative importance using the results of my survey.
`
`19.
`
`In selecting the distraction/control features that would be included in the survey, I
`
`sought to include features that would exist in most if not all Android smartphones and tablets. I
`
`included a range of features that I expected to be of varying importance to users of Android
`
`devices. The features chosen and descriptions used were based on my experience in the
`
`smartphone and tablet industry and on my research regarding features that are available on
`
`Android devices. My research of these features included, among other things, the review of
`
`publicly-available information, including user manuals for various Android smartphones and
`
`
`
`15 This feature is associated with the ’440 Patent (communications with Dr. Vijay Madisetti). My research
`confirmed that these features, or features similar to these, are available on the Android devices used by the
`majority of respondents who completed my survey. Respondents for which this was not the case, or if I could
`not verify one way or the other whether these features were available on their devices, were excluded from my
`analysis. See Exhibits 3 and 4. Note that I am not offering a legal or technical opinion about whether these
`devices infringe the ’443, ’317, or ’440 Patents or, in any way, use these patents. My opinion relates only to
`whether there is information in the public domain which suggests that the smartphones and tablets used by
`respondents in my survey offer functionalities that are the same or similar to those described in my survey.
`16 Sawyer, A. G., “Demand Artifacts in Laboratory Experiments in Consumer Research,” Journal of Consumer
`Research 1, no. 4 (1975): 20-30, at p. 20; Baumgartner, H., and Steenkamp, J.-B. EM, “Response Styles in
`Marketing Research: A Cross-National Investigation,” Journal of Marketing Research 38, no. 2 (2001): 143-
`156, at p. 145. See also, Federal Judicial Center (2004), Manual for Complex Litigation, Fourth, (“Manual for
`Complex Litigation”), at p. 103.
`
`8
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`tablets.
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`20.
`
`Below is the list of the distraction/control features and their associated
`
`descriptions that I included in my survey:
`
` Discrete silencing of an incoming call (presented to the smartphone
`
`group only): You can silence an incoming call’s ring without the caller
`
`knowing you’re doing so, and without sending the caller directly to
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`voicemail. Without this feature, in order to silence the ring you would
`
`have to, for example, decline the call and send the caller directly to
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`voicemail, or set your ringtone to silent prior to receiving any calls.
`
` World clock: You can add multiple clocks to show the time in other
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`major cities and time zones around the world. Without this feature, in
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`order to know the time in a time zone other than the one where you are
`
`located, you would have to search that information on the internet or
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`perform a calculation.
`
` Cut, copy, paste: You can cut, copy, and paste words and images within
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`or between most applications (such as webpages, emails, and text
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`messages) on your [DEVICE]. Without this feature, you would need to
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`retype the text you want to duplicate and you would not be able to
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`duplicate other objects.17
`
`
`
`17 As with the features associated with the ’443, ’317, or ’440 Patents, my research confirmed that the
`distraction/control features that I included, or features similar to these, are available on the Android
`smartphones used by the majority of respondents who completed my survey and, with the exception of the
`“discrete silencing of an incoming call” feature, these features, or features similar to these, are available on the
`
`9
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`21.
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`A well-designed survey should avoid response bias due to respondents’ tendency
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`to admit socially desirable traits or qualities such as being knowledgeable of smartphone or tablet
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`features (referred to as social desirability bias).18 To detect such bias, in one research study,
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`researchers asked participants to rate their familiarity with a set of consumer products, which
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`were, in fact, nonexistent. Participants who claimed that they were familiar with the nonexistent
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`items were identified as having a tendency to admit a socially desirable trait.19 Similarly, in
`
`another study, researchers developed an “over-claiming” technique to index the social
`
`desirability bias.20 Participants were asked to rate their knowledge of various persons, events,
`
`products, and other items, among which 20% were nonexistent. Participants’ responses were
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`analyzed to index both their social desirability bias and knowledge.21
`
`22.
`
`Therefore, to minimize the social desirability bias, I included in my survey a
`
`feature that did not exist on Android smartphones or tablets at the time of the survey (as
`
`confirmed by my review of publicly-available information and discussions with the technical
`
`experts). Respondents in my survey who indicated that they were aware of the nonexistent
`
`
`
`Android tablets used by the majority of respondents in my survey. Respondents for which this was not the
`case, or if I could not verify one way or the other whether these features were available on their devices, were
`excluded from my analysis. See Exhibits 3 and 4.
`18 Phillips, D. L., and Clancy, K. J., “Some Effects of ‘Social Desirability’ in Survey Studies,” American Journal
`of Sociology 77, no. 5 (1972): 921-940, at p. 923. See also, Paulhus, D. L., Harms, P. D., Bruce, M. N., and
`Lysy, D. C., “The Over-Claiming Technique: Measuring Self-Enhancement Independent of Ability,” Journal
`of Personality and Social Psychology 84, no. 4 (2003): 890-904, at p. 891. Ones, D. S., Viswesvaran, C., and
`Reiss, A. D., “Role of Social Desirability in Personality Testing for Personnel Selection: The Red Herring,”
`Journal of Applied Psychology 81, no. 6 (1996): 660-679, at p. 600.
`19 Phillips, D. L., and Clancy, K. J., “Some Effects of ‘Social Desirability’ in Survey Studies,” American Journal
`of Sociology 77, no. 5 (1972): 921-940, at p. 928.
`20 Paulhus, D. L., Harms, P. D., Bruce, M. N., and Lysy, D. C., “The Over-Claiming Technique: Measuring Self-
`Enhancement Independent of Ability,” Journal of Personality and Social Psychology 84, no. 4 (2003): 890-
`904, at p. 890.
`21 Paulhus, D. L., Harms, P. D., Bruce, M. N., and Lysy, D. C., “The Over-Claiming Technique: Measuring Self-
`Enhancement Independent of Ability,” Journal of Personality and Social Psychology 84, no. 4 (2003): 890-
`904, at p. 891.
`
`10
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`feature were terminated from the survey. By identifying and eliminating respondents who show
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`social desirability bias, the likelihood of such bias is reduced. Below is the nonexistent feature
`
`and description that I included in my survey:
`
` Device start-up countdown: Every time you turn on your [DEVICE] (for
`
`example, after a reboot), the start-up screen will show a countdown of how
`
`much time is left (in minutes and seconds) before your device is fully
`
`functional and ready to use. Without this feature, you would not know
`
`exactly how much time your device needs to start-up when you turn it on.
`
`23.
`
`I used a consistent approach to developing the feature definitions. For example,
`
`all definitions are in the second person (rather, than e.g., talking about a “user” more generally).
`
`All descriptions use underlining to emphasize key elements of the description. All descriptions
`
`discuss the alternative if the feature were not available (“without this feature…”). All
`
`descriptions avoided valenced language such as “good” or “bad” and used functional
`
`descriptions pertaining to actual use case scenarios.22 Further, as discussed in Section III.B.2.c, I
`
`tested respondents’ understanding of these feature descriptions in my pre-test and revised
`
`descriptions as necessary to minimize potential confusion and misunderstanding.
`
`2.
`
`Survey Methodology
`a.
`Survey Instrument
`
`24.
`
`The complete survey script is attached as Appendix A and survey screenshots are
`
`attached as Appendix B. A brief overview of my survey follows.
`
`
`
`22 For a general discussion of best practices for formulating survey questions, see Krosnick, J. A., and Presser, S.,
`“Question and Questionnaire Design,” Handbook of Survey Research (2010), Second Edition, United
`Kingdom: Emerald Group Publishing Limited, edited by Marsden, P. V. and Wright, J. D., pp. 263-313, at p.
`264.
`
`11
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`25.
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`First, the survey screened respondents to ensure the following:
`
`
`
`
`
`
`
`
`
`they were over 18 years of age;
`
`they and any of their family members were not employed by or working as
`
`a smartphone or tablet manufacturer or retailer or at a marketing, market
`
`research, or advertising agency;
`
`they passed the attention-check multiple-choice question;
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`they purchased for themselves in the past 24 months, and used in the past
`
`seven days, an Android smartphone and/or tablet;23 and
`
`
`
`they did not participate in a survey about smartphones or tablets in the past
`
`three months.24
`
`26.
`
`Any respondent not meeting these criteria was terminated from the survey. Upon
`
`passing the screening criteria, respondents were assigned to either the smartphone group, if they
`
`owned and used an Android smartphone, or the tablet group, if they owned and used an Android
`
`tablet. Respondents who owned and used both an Android smartphone and an Android tablet
`
`were randomly assigned to either the smartphone group or the tablet group.25 Respondents were
`
`instructed that they would be asked questions about the device (smartphone or tablet, depending
`
`
`
`23 When respondents were asked about the operating system(s) of their smartphones and/or tablet, they were
`shown a variety of operating system options (e.g., “iOS/iPhone/Apple,” “Windows,” and “BlackBerry OS”) to
`mask the focus of the survey on Android devices. The response options for smartphones were based on
`http://gs.statcounter.com/os-market-share/mobile/united-states-of-america#monthly-201704-201704-map. The
`response options for tablets were based on http://gs.statcounter.com/os-market-share/tablet/united-states-of-
`america#monthly-201704-201704-map.
`24 Other screening criteria can be found in the survey script, attached at Appendix A. The screening criteria that I
`used are standard criteria used for market research and litigation.
`25 This semi-random assignment was set so that the smartphone group represented at least 50% and the tablet
`group represented at least 30% of the targeted sample of 1,500 survey completes.
`
`12
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`on the group) that they had purchased for themselves in the past 24 months and used in the past
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`seven days.26
`
`27.
`
`After these instructions, respondents were asked the following question regarding
`
`their use of the device in the past three months (where “[DEVICE]” stands for “smartphone” or
`
`“tablet” depending on the group that the respondent was assigned to):
`
`
`
`
`
`
`In the past three months which, if any, of the following have you done on your
`Android [DEVICE]? (Select all that apply).
`
`[RANDOMIZED ORDERS OF ALL OPTIONS, WHILE KEEPING “NONE OF
`THE ABOVE” LAST]
` Obtained directions using GPS/navigation app (such as Google Maps)
` Made a phone call [ONLY SHOW TO SMARTPHONE GROUP]
` Took photos or videos
` Browsed the web
` Browsed or shared photos or videos
` Received a phone call [ONLY SHOW TO SMARTPHONE GROUP]
` Received email or text messages, including in apps
` Sent email or text messages, including in apps
` Engaged with social media/networks
` Received news alerts
` Played games
` Listened to music or podcasts
` Read an ebook
` Watched videos, TV, or movies
` Edited documents
` Checked the time
` None of the above27
`
`28.
`
`This question was designed to determine whether respondents used the larger, or
`
`
`
`26
`
`If a respondent had more than one such device, the respondent was instructed to respond about the one he or
`she used most recently. For example, if a respondent in the smartphone group had multiple Android
`smartphones fitting all the criteria, the respondent was required to respond about the smartphone he or she used
`most recently.
`27 For respondents who selected the “None of the above” option, all other previously selected options were
`automatically de-selected and such respondents proceeded to the last question of the survey which asked for
`the manufacturer, model, and version of their Android device.
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`broader, functionalities associated with the six main features in the survey. The broader
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`functionalities for each of the following five features included in the survey are identified below:
`
`
`
`
`
`Feature in Survey
`
`Broader Functionality
`
`Obtained directions using a GPS/navigation app
`Automatic GPS Map Orientation
`Browed or shared photos or videos
`Thumbnail Image Storage
`Discrete Silencing of an Incoming Call Received a phone call
`World Clock
`Checked the time
`Cut, Copy, Paste
`At least one of the following: Received email or text
`messages, including in apps; Sent email or text
`messages, including in apps; Edited documents; and
`Browsed or shared photos or videos
`
`29.
`
`There were no broader functionalities included for the Automatic Power-Saving
`
`Mode feature or nonexistent feature, as these features are not associated with any particular
`
`activity. Other broader functionalities listed above (e.g., “received news alerts”), not associated
`
`with any of the patented or distractor/control features were included as distractors, to disguise the
`
`purpose of the study to the respondent and to avoid demand effects.28 In order to avoid demand
`
`effects related to the awareness and importance questions, if a respondent did not indicate usage
`
`of the broader functionality, where one existed, the respondent was not subsequently asked
`
`questions regarding the awareness or importance of the associated features (see Appendix A).
`
`For example, if a respondent did not select “Checked the time,” the respondent would
`
`subsequently not be asked any awareness or importance questions about the World Clock
`
`feature.29
`
`
`
`28 Distractor functions were informed by https://www.marketingcharts.com/industries/retail-and-e-commerce-
`41027/attachment/exacttarget-daily-activities-smartphones-tablets-feb2014.
`29 Additionally, if a respondent selected “None of the above” in response to the question about the usage of the
`broader functionalities, the respondent was not asked about any of the features.
`
`14
`
`

`

`Case 5:16-cv-00179-RWS Document 56-6 Filed 03/22/18 Page 16 of 18 PageID #: 959
`Case 5:16-cv-00179—RWS Document 56-6 Filed 03/22/18 Page 16 of 18 PageID #: 959
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`APPENDIX B
`SURVEY SCREENSHOTS
`
`SURVEY SCREENSHOTS
`
`APPENDIX B
`
`B-1
`3-1
`
`
`

`

`Case 5:16-cv-00179-RWS Document 56-6 Filed 03/22/18 Page 17 of 18 PageID #: 960
`Case 5:16-cv-00179—RWS Document 56-6 Filed 03/22/18 Page 17 of 18 PageID #: 960
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` 511% A
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`In the get three months which, if any, of the following have you done on your Android smartphone?
`Select allthat apply
`Played games
`Sent email or text messages, including in apps
`Received a phone call
`Erowsed or shared photos or videos
`Obtained directions using GPSInavigation app (such as Google Maps)
`Made a phone call
`Received email or text messages. including in apps
`Took photos or videos
`Checked the time
`Read an ebook
`Browser] the web
`Received news alerts
`Engaged with social mediaJnetworks
`Edited documents
`Listened to music or podcasts
`
`Watched videos, TV, or movies
`
`None of the above
`
`
`
`Next >
`
`B-15
`B-15
`
`
`

`

`Case 5:16-cv-00179-RWS Document 56-6 Filed 03/22/18 Page 18 of 18 PageID #: 961
`Case 5:16-cv-00179—RWS Document 56-6 Filed 03/22/18 Page 18 of 18 PageID #: 961
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`Please review the smartphone features and descriptions below and then click "Next" at the bottom of the screen.
`
` Feature Description
`.
`You can silence an incoming calls ring without the caller knowing you're doing so and without sending the
`Discrete
`.
`.
`.
`.
`.
`.
`.
`.
`silencing of an
`caller directly to volcemall. Withoutthls feature. In order to Silence the ring you would have to, for example,
`calls.
`incoming call
`decline the call and send the caller directly to voicemail or set your ringtone to silent prior to receiving any
`
`
`
`
`
`
`
`You can cut copy, and paste words and images within or between most applications (such as webpages,
`Cut, copy, paste
`emails. and text messages) on your smartphone. Without this feature, you would need to retype the text you
`want to duplicate and you would not be able to duplicate other objects.
`
`Your smartphone stores pictures and video as thumbnails (smaller versions of the image) that can be
`Thumbnail
`recognized or searched without opening up the picture or video. Withoutthis featureI in order to browse
`image storage
`pictures and video, you would have to open up the pictures and videos one at a time.
`
`Every time you turn on your smartphone (for example, after a reboot), the start-up screen will show a
`countdown of how much time is left (in minutes and seconds) before yourdevice is fully functional and
`Device start-up
`
`ready to use. Without this featureI you would not know exactly how much time your device needs to start-up
`countdown
`
`when you turn it on.
`
`When you don't use your smartphone for a period of time, your smartphone will automatically enter 'power-
`saving rnode' which turns off certain functionalities in order to prolong the smartphone‘s battery life. For
`A:::T_:::in
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`eXEIF'I'IPIE.WWW smartphone's screen will dim and then turn off. Without this
`:tode
`feature, you