Apple Inc. v. Amazon.Com, Inc.

Filing 38

Declaration of Ameesh Paleja in Support of 36 Opposition/Response to Motion for Preliminary Injunction filed byAmazon Digital Services, Inc., Amazon.Com, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Related document(s) 36 ) (Glick, Martin) (Filed on 6/1/2011)

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1 2 3 4 5 6 7 8 9 MARTIN R. GLICK (No. 40187) email: mglick@howardrice.com CLARA J. SHIN (No. 214809) email: cshin@howardrice.com SARAH J. GIVAN (No. 238301) email: sgivan@howardrice.com HOWARD RICE NEMEROVSKI CANADY FALK & RABKIN A Professional Corporation Three Embarcadero Center, 7th Floor San Francisco, California 94111-4024 Telephone: 415/434-1600 Facsimile: 415/677-6262 Attorneys for Defendants and Counter-Claimants AMAZON.COM, INC., a Delaware corporation, and AMAZON DIGITAL SERVICES, INC., a Delaware corporation 10 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 14 APPLE INC., a California corporation, 15 Plaintiff and CounterDefendant, 16 v. 17 18 AMAZON.COM, INC., a Delaware corporation, and AMAZON DIGITAL SERVICES, INC., a Delaware corporation, No. 11-cv-01327 PJH Action Filed: March 18, 2011 DECLARATION OF AMEESH PALEJA IN SUPPORT OF AMAZON.COM, INC. AND AMAZON DIGITAL SERVICES, INC.’S OPPOSITION TO MOTION FOR PRELIMINARY INJUNCTION 19 20 Defendants and CounterClaimants. 21 22 23 24 25 26 27 28 PALEJA DECL. ISO OPPOSITION TO APPLE, INC.’S PI MOTION 11-cv-01327 PJH 1 I, Ameesh Paleja, hereby declare as follows: 2 1. I am the Director of Engineering of Mobile Services for Amazon.com, Inc. (“Amazon”). 3 I have worked for Amazon in various positions since July 2003. I make this Declaration in support 4 of Defendants and Counter-Claimants Amazon.com, Inc. and Amazon Digital Services, Inc.’s 5 Opposition To Plaintiff and Counter-Defendant Apple Inc.’s Motion For Preliminary Injunction 6 (“Declaration”) upon personal knowledge except where indicated as to information and belief and, if 7 called upon to testify, could and would testify competently hereto. 8 9 10 11 2. As the Director of Engineering of Mobile Services, I am responsible for the design, development, and operation of Amazon Appstore for Android. I supervise a team of approximately 55 engineers, technical program managers, and quality assurance staff. 3. Apps sold at Amazon Appstore for Android work only on Android devices. Amazon 12 Appstore 13 www.amazon.com. A link to Amazon’s Appstore for Android appears on the left hand side of 14 Amazon.com’s homepage. To purchase an app, a consumer must first enter an email address or 15 mobile number in the box entitled “Get Started: Download the Amazon Appstore” on Amazon 16 Appstore for Android’s homepage. Attached as Exhibit 1 is a true and correct copy of a screenshot 17 of Amazon Appstore for Android’s homepage. 18 4. for Android, Amazon’s app store, is located on Amazon.com’s website, When a customer puts the cursor in the space provided to enter an email address in the 19 “Get Started” box, a message window opens: “What happens next? After submitting your email 20 address or phone number*, you will receive a message with a link to download the Amazon 21 Appstore for Android.” Attached as Exhibit 2 is a true and correct copy of a screenshot of this 22 message window. Once the customer enters an email address and presses the “GO” button, another 23 window opens up to a video welcoming the customer to “Amazon Appstore for Android.” This 24 window provides instructions for “Getting Started with Amazon Appstore.” The first line of the 25 instructions states, “Quickstart: Start using the Amazon Appstore on your Android device in a few 26 simple clicks. Either watch the video to the right or follow the click-by-click guide below.” A 27 “Click-by-Click Guide” follows with a picture of an Android smartphone appearing adjacent to each 28 “Click” instruction. The Guide concludes with the following message: “That’s it! Sign in with your PALEJA DECL. ISO OPPOSITION TO APPLE, INC.’S PI MOTION -1- 11-cv-01327 PJH 1 Amazon.com account and start enjoying thousands of apps for Android. You need to do this only 2 once for each device.” Attached hereto as Exhibit 3 is a true and correct copy of the “Quickstart” 3 instructions. 4 5. Amazon.com also sends the customer a message to the email address provided with 5 “Amazon Appstore Download” in the subject line. The email instructs as follows: “Download the 6 Amazon Appstore app immediately by clicking https://www.amazon.com/app-email from your 7 Android device, or follow the click-by-click guide below.” The remainder of the message is a 8 “Click-by Click Guide.” Attached hereto as Exhibit 4 is a true and correct copy of this email. 9 6. Android smartphones are powered by software developed by Google. Amazon tests 10 each app that is sold through Amazon Appstore for Android for, among other things, security, 11 usability, and content guidelines. Amazon’s current ingestion and testing processes make Amazon 12 Appstore for Android one of the most trusted places to get apps for Android; Amazon is proactive in 13 its security procedures and does not wait for security to become an issue before testing the app or 14 safeguarding the customer. Amazon’s ingestion and testing process is comprised of three main 15 steps: (1) automated analysis of the binary and its contents via custom developed software; (2) in- 16 house testing and verification by Amazon employees; and (3) independent testing and analysis using 17 third party firms. 18 7. Many Android applications require “root” access to function properly. “Rooting” is the 19 process of enabling a phone to run Android applications with privilege control permissions; it does 20 not mean that security features have been bypassed. For example, the applications Titanium Backup 21 and SetCPU for Root Users require “root” access to function properly; Titanium Backup provides 22 users with the ability to do a complete backup of their phones while SetCPU enables users to adjust 23 how fast or slow their phone processor runs. In other words, the Android security model is a 24 declarative system based on the application that the consumer chooses to download. A consumer 25 cannot exceed the scope of the application by rooting one’s phone; for example, if an application 26 does not request access to a user’s address book, the user would not be able to access the phone 27 book irrespective of whether the phone has been rooted. 28 PALEJA DECL. ISO OPPOSITION TO APPLE, INC.’S PI MOTION -2- 11-cv-01327 PJH