Exhibit 10 (Submitted Under Seal)

Attorneys' Eyes Only

Page 1
1 2 3 4 5

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION APPLE INC., a California Corporation, ) ) ) Plaintiff, ) ) vs. )No. 11-CV-01846-LHK ) SAMSUNG ELECTRONICS CO., LTD. , ) a Korean business entity; ) SAMSUNG ELECTRONICS AMERICA, ) INC., a New York corporation; ) SAMSUNG TELECOMMUNICATIONS ) AMERICA, LLC, a Delaware ) limited liability company, ) ) Defendants, ) _____________________________ ) HIGHLY CONFIDENTIAL - ATTORNEYS EYES ONLY DEPOSITION OF TIMOTHY BENNER WEDNESDAY, FEBRUARY 22, 2012

10

11

12

13 14 15 16 17 18 19 20 21 22 23 24 25

REPORTED BY: JUDIE A. NICHOLAS, CSR NO. 12229 JOB NO: 46809
TSG Reporting - Worldwide 877-702-9580

Attorneys' Eyes Only

Page 2
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

A P P E A R A N C E S FOR THE PLAINTIFF: MORRISON & FOERSTER BY: CHRISTOPHER L. ROBINSON, ESQ.

755 Page Mill Road Palo Alto, CA 94304

FOR THE DEFENDANTS: QUINN EMANUEL URQUHART & SULLIVAN BY: MARGRET CARUSO, ESQ.

555 Twin Dolphin Drive Redwood Shores, CA 94065

ALSO PRESENT:

MICHELLE YANG, SAMSUNG BENJAMIN GERALD, VIDEOGRAPHER

TSG Reporting - Worldwide

877-702-9580

Attorneys' Eyes Only

Page 13
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 count was a whopping 30,637 pages and, therefore, we are going to reserve the right to keep Mr. Benner's deposition open in light of Samsung's voluminous and untimely production of these documents? MS. CARUSO: Samsung believes that Apple

09:18 09:18 09:18 09:18 09:18 09:18 09:18 09:18 09:18 09:19 09:19 09:19 09:19 09:19

has had adequate time to review those documents and objects to keeping the deposition open. MR. ROBINSON: Q. Mr. Benner, I

understand you have had a Ph.D. in anthropology; is that correct? A. Q. well? A. Q. That's correct. When did you receive your PhD in That's correct. And a Bachelor of Arts in anthropology as

09:19 09:19 09:19 09:19 09:19 09:19 09:19 09:19 09:19 09:19 09:19

anthropology? A. Q. A. Q. 2001. When did you join Samsung? 2007. And that was -- I understand that was

around April 2007, does that sound about right? A. Q. That is correct. What was your job title when you started

at Samsung in April 2007?

TSG Reporting - Worldwide

877-702-9580

Attorneys' Eyes Only

Page 14
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

A. Q.

It was manager of strategic marketing. Did your job duties involve consumer

09:19 09:19 09:19 09:19 09:19 09:19 09:19 09:19 09:19 09:19 09:19 09:19 09:20 09:20 09:20 09:20 09:20

research at that time? A. Q. A. Yes. And what is your current title? Senior manager, Consumer -- sorry --

Senior Manager, Consumer Insights and Analytics. Q. And had your -- excuse me. Strike that.

Do your current job duties involve consumer research? A. Q. Yes. And from when you started in April 2007 to

the present day, your job functions have primarily concerned consumer research; is that correct? A. Q. That is correct. So you are the consumer research guy at

STA; is that correct? MS. CARUSO: THE WITNESS: Objection: Vague.

09:20 09:20 09:20 09:20 09:20 09:20 09:20 09:20

Can you clarify what

"consumer research guy" means? MR. ROBINSON: Q. In layman's terms,

you're primarily responsible for consumer research. You're here to the testify for Samsung concerning consumer research; is that right? A. That is correct.

TSG Reporting - Worldwide

877-702-9580

Attorneys' Eyes Only

Page 170
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

MS. CARUSO:

Objection:

Lacks foundation;

02:34 02:34

calls for speculation. THE WITNESS: group. MR. ROBINSON: the strategy group? A. As mentioned earlier, Justin Denison and Q. Who is involved with It would be the strategy

02:34 02:34 02:34 02:34 02:34 02:34 02:34 02:34 02:34 02:34

his team. Q. Thank you. I have no further questions at this time, subject to the same reservations and the same objection by counsel -MS. CARUSO: out of here. THE VIDEOGRAPHER: This marks the end of Yes. This time we're getting

02:34 02:34 02:34 02:34 02:34 02:34

Disk Number 2 of 2, and concludes today's deposition of Timothy Benner. The time is

2:35 p.m., and we are off the record. (The deposition adjourned at 2:35 p.m.) --oOo--

Signed under penalty of perjury: __________________________ Timothy Benner

TSG Reporting - Worldwide

877-702-9580

Attorneys' Eyes Only

Page 171
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

I, JUDIE A. NICHOLAS, a Certified Shorthand Reporter of the State of California, duly authorized to administer oaths, do hereby certify: That the foregoing proceedings were taken before me at the time and place herein set forth; that any witnesses in the foregoing proceedings, prior to testifying, were duly sworn; that a record of the proceedings was made by me using machine shorthand which was thereafter transcribed under my direction; that the foregoing transcript is a true record of the testimony given. Further, that if the foregoing pertains to the original transcript of a deposition in a Federal Case, before completion of the proceedings, review of the transcript (X) was ( ) was not required. I further certify that I am neither financially interested in the action nor a relative or employee of any attorney or party to this action. IN WITNESS WHEREOF, I have this date subscribed my name. Dated: 2/23/2012 ______________________________ JUDIE A. NICHOLAS, CSR #12229
TSG Reporting - Worldwide 877-702-9580