EXHIBIT 1

 to Declaration of 

 Steven M. Geisler

 (Redacted)

Case 5:17-cv-00220-LHK Document 982-1 Filed 12/11/18 Page 1 of 10
·1· · · · · · · UNITED STATES DISTRICT COURT

·2· · · · · · ·NORTHERN DISTRICT OF CALIFORNIA

· · · · · · · · · · · SAN JOSE DIVISION

·3

·4 FEDERAL TRADE COMMISSION,· · )

· · · · · · · · · · · · · · · · )

·5· · · · · · · · Plaintiff,· · )

· · · · · · · · · · · · · · · · )

·6· · · · · · · · VS.· · · · · ·) CASE NO.

· · · · · · · · · · · · · · · · ) 17-CV-00220-LHK-NMC

·7 QUALCOMM INCORPORATED, a· · ·)

· ·Delaware Corporation,· · · · )

·8· · · · · · · · · · · · · · · )

· · · · · · · · · Defendant.· · )

·9· · · · · · · · · · · · · · · )

· · · · · · · · · · · · · · · · )

10 In re:· Qualcomm Antitrust· ·) CASE NO.

· ·Litigation· · · · · · · · · ·) 17-ND-02773-LHK-NMC

11 _____________________________)

12· · · · · · · UNITED STATES DISTRICT COURT

13· · · · · · ·SOUTHERN DISTRICT OF CALIFORNIA

14 _____________________________

· ·IN RE:· QUALCOMM LITIGATION· ) CASE NO.

15 _____________________________) 3:17-CV-00108-GPC-MOD

16· · · · · · · · · **HIGHLY CONFIDENTIAL

· · · · · · · · · ·ATTORNEY'S EYES ONLY**

17

18· · · · ·VIDEOTAPED DEPOSITION OF JIAN XIN DING

19· · · · · · · · · · · · HONG KONG

20· · · · · · · · ·Monday, March 12, 2018

21

22

23

24 REPORTED BY:

· ·HEATHERLYNN GONZALEZ

25 CSR #13646

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·1 Qualcomm has never interrupted Huawei's chip supply

·2 to your knowledge?

·3· · ·A· ·Because I was not involved in the

·4 implementation of that agreement, I just can say that

·5 I didn't hear -- I didn't hear my colleague or say

·6 Qualcomm stopped the supply chip.· I didn't hear

·7 that.

·8· · ·Q· ·So again, to your knowledge, you don't know

·9 of any instance in which Qualcomm interrupted

10 Huawei's chip supply; right?

11· · · · ·MR. GIARDINA:· Objection.· Asked and

12 answered.

13· · · · ·THE WITNESS:· No, I don't know.

14 BY MR. KENNAMER:

15· · 

 Qualcomm has not interrupted Huawei's chip

19 supply; right?

20· · ·A· ·My knowledge is that from the first quarter

21 of the '17 until now, they didn't.

22· · ·Q· ·Are you aware of any instance in which

23 Qualcomm ever threatened to stop supplying base band

24 processor chips to Huawei?

25· · ·A· ·Yes, I know -- I know once or twice.

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·1· · ·Q· ·What instance are you referring to -- or

·2 instances?

·3· · ·A· ·In 2013, we have a CDMA -- CDMA license

·4 agreement with Qualcomm.· And in 2013, that agreement

·5 is -- was closed to the termination.· So when we want

·6 to renegotiate with Qualcomm, the framework of the

·7 license between two companies, the Qualcomm's -- that

·8 should be the president of the QTL, their technical

·9 licensing departments sent me an e-mail and say that

10 Huawei may have a problem to use their chip set if we

11 couldn't intend to renew the agreements.· With that

12 time that we already use their competitor for ten

13 years.

14· · ·Q· ·That's one instance, you mentioned I know

15 once or twice, is there another instance that you can

16 think of in which you believe Qualcomm threatened to

17 stop supplying chips to Huawei?

18· · ·A· ·After the -- after the president of the QTL

19 raise that issue, we have some e-mail back and forth.

20 And it seems I remember he repeatedly emphasized that

21 Huawei may have problem to use it -- use their CDMA

22 chip set.· So when I say once or twice I mean we have

23 this kind of discussion happen once or twice.

24· · ·Q· ·I see.· So you're referring to the same

25 product.· The CDMA license agreement.· You're

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·1 referring to -- strike that.

·2· · · · ·You're referring to the 2013 renewal of the

·3 CDMA license agreement; right?

·4· · ·A· ·Yes.

·5· · ·Q· ·And all of these instances that you're

·6 referring to that you interpreted as threats all

·7 relate to that one instance; right?

·8· · ·A· ·Yes.

·9· · ·Q· ·You're not aware of any other instance;

10 right?

11· · ·A· ·So far, I cannot remember other instance.

12· · ·Q· ·I'm going to show you what's been previously

13 marked as CX5224-1 through, looks like, three.· And

14 this is an e-mail -- well I'm referring to, at least

15 for now, the second e-mail on the string on the first

16 page from Eric Reifschneider.

17· · · · ·Dated Tuesday 7.

18· · · · ·THE REPORTER:· I'm sorry.· The month?

19· · · · ·MR. KENNAMER:· May 7th, 2013.· Sorry.

20· · ·Q· ·And it's addressed to Mr. Cheng at Huawei

21 and copies, among other people, you, is that right?

22· · ·A· ·Yes.

23· · ·Q· ·And Mr. Reifschneider is raising an issue

24 which you're raising which is the CDMA license

25 agreement SULA is going to expire soon.· Correct?

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·1· · ·A· ·Yes.

·2· · ·Q· ·And he's writing, is he not, that Qualcomm

·3 might not sell chips to Huawei -- CDMA chips if

·4 Huawei were to become unlicensed.· Isn't that right?

·5· · ·A· ·Yes.

·6· · ·Q· ·And in fact, didn't Mr. Reifschneider offer

·7 an interim license to Huawei while they tried to work

·8 out this issue to a resolution?

·9· · ·A· ·Can you repeat your question.

10· · ·Q· ·Sure.· As part of this negotiation, didn't

11 Mr. Reifschneider offer an interim license to Huawei

12 while both sides tried to arrive at a permanent

13 agreement?

14· · ·A· ·This happened in -- almost five years ago.

15 I couldn't recall whether they provided a temporary

16 agreement.· I couldn't recall.

17· · ·Q· ·My question is whether he offered to do

18 that.

19· · ·A· ·My experience is that sometimes Qualcomm, if

20 they have some negotiation with you couldn't make

21 sometimes they extend that to you.· But regarding

22 this particular negotiation I would just have been

23 involved in the e-mail list.· At that time, Mr. Cheng

24 handled the -- has a direct conversation with Ms. --

25 Mr. Reifschneider.· So I don't remember the if they

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·1 offered a temporary agreement to us.

·2· · ·Q· ·Can I ask you why you interpret this as a

·3 threat to stop supplying CDMA chips?

·4· · ·A· ·Normally the communication between companies

·5 will keep, you know, even there is some difficult y,

·6 the parties will keep very amicable conversation.

·7 But here, the words and sentence, the tone is strong

·8 enough to give us the feeling if we don't extend the

·9 CDMA license agreements, they will stop the supply of

10 CDMA chip set.· I -- I believe it's clear in this

11 sentence.

12· · ·Q· ·If you look at point 5 in

13 Mr. Reifschneider's e-mail, is that what you're

14 referring to when you say I believe it's clear in

15 this sentence?

16· · ·A· ·Yes.

17· · ·Q· ·Okay.· He writes ways to avoid any

18 disruption in chip set supply at the end of this

19 month without creating undue risk for either party

20 the simplest being for Huawei to exercise its right

21 to renew the C2K license agreement under which it has

22 been operating successfully for the last ten years.

23 When he writes C2K license agreement is he referring

24 to CDMA?

25· · ·A· ·Yes.· It is.

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·1· · ·Q· ·Okay.· He writes the simplest being for

·2 Huawei to exercise it's right to renew the C2K

·3 license agreement.· Correct?

·4· · ·A· ·Yes.

·5· · ·Q· ·He's not saying it's the only way to avoid a

·6 disruption in the CDMA chip supply; right?

·7· · ·A· ·During the negotiation they didn't provide

·8 other alternative ways.· If -- in fact, this is the

·9 only way.

10· · ·Q· ·You're saying during the course of the

11 negotiations, Qualcomm offered no other alternatives

12 other than an immediate renewal for a ten-year term

13 of the CDMA license agreement?

14· · ·A· ·Qualcomm is a very special patent license

15 program.· Normally, we have this kind of license

16 discussion with other license source, the parties

17 will show the patents, the value of the patents in

18 the discussion.· And you know, after the bargain back

19 and forth and finally signed agreements, but

20 Qualcomm, we never -- they never provide you know

21 similar way to negotiate that way.· So they just ask

22 us to enter into the -- the -- the license agreements

23 to ensure the supply of the chip sets.

24· · ·Q· ·And that was something that you knew, having

25 entered into a ten-year -- and when I say "you," I

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·1 mean Huawei.· That's something that Huawei knew

·2 having already entered into a ten-year license

·3 agreement for CDMA chips; right?

·4· · · · ·MR. GIARDINA:· Objection to form.

·5· · · · ·THE WITNESS:· Repeat the question.· What

·6 kind of arrangement?

·7 BY MR. KENNAMER:

·8· · ·Q· ·You knew that Qualcomm required a license

·9 agreement; right?· Yes?

10· · ·A· ·Yes.

11· · ·Q· ·Huawei knew that because it had already

12 entered into the license agreement for CDMA chips

13 that was about to expire in 2013; right?

14· · ·A· ·Yes.· They know.

15· · ·Q· ·So there is no surprise at work here in year

16 ten of the ten-year license agreement for CDMA chips,

17 Huawei knows that Qualcomm will want a renewed

18 license; right?

19· · ·A· ·Yes, we knew.

20· · ·Q· ·And is it correct that prior to receiving

21 this e-mail in which you're copied, Huawei and

22 Qualcomm had been discussing license renewal for CDMA

23 chips?

24· · ·A· ·Yeah.· I believe that before this

25 communication happened in May, I believe there's some

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·1· · · · · · · · ·CERTIFICATE OF REPORTER

·2· · ·I, Heatherlynn Gonzalez, a Certified Shorthand

·3 Reporter, hereby certify that the witness in the

·4 foregoing deposition was by me duly sworn to tell the

·5 truth, the whole truth, and nothing but the truth in

·6 the within-entitled cause; that said deposition was

·7 taken down in shorthand by me, a disinterested

·8 person, at the time place therein stated; and that

·9 the testimony of said witness was thereafter reduced

10 to typewriting, by computer, under my direction and

11 supervision;

12· · ·That before completion of the deposition, that

13 review of the transcript was offered.· If requested,

14 any changes made by the deponent (and provided to the

15 reporter) during the period allowed are appended

16 hereto.

17· · ·I further certify that I am not of counsel or

18 attorney for either or any of the parties to the said

19 deposition, nor in any way interested in the event of

20 cause, and that I'm not related to any of the parties

21 thereto.

22 Dated:· Monday, March 12, 2018

23

24· · · · · ·__________________________________

25· · · · · · ·Heatherlynn Gonzalez, CSR 13646

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