1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 APPLE INC., a California corporation, Plaintiff, 13 14 15 16 17 18 v. Case No. 11-cv-01846-LHK DECLARATION OF RICHARD J. LUTTON, JR. IN SUPPORT OF APPLE’S MOTION FOR A PRELIMINARY INJUNCTION 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. 19 20 21 22 23 24 25 26 27 28 DECLARATION OF RICHARD J. LUTTON, JR. IN SUPPORT OF APPLE’S MOTION FOR A PRELIMINARY INJUNCTION CASE NO. 11-CV-01846-LHK 1 2 I, Richard J. Lutton, Jr., do hereby declare as follows: 1. I am a Senior Director and the Chief Patent Counsel at Apple Inc. (“Apple”). I 3 submit this declaration in support of Apple’s Motion for Preliminary Injunction. If called as a 4 witness, I could and would testify competently as follows. 5 2. Apple’s negotiations with Samsung over Samsung’s copying of Apple’s designs 6 began in July 2010, when Samsung first launched its Galaxy line of smartphones bearing a 7 striking resemblance to Apple’s own iPhone products. 8 3. 9 10 11 12 4. 13 14 15 16 17 5. 18 19 20 21 6. 22 23 24 7. 25 26 27 28 DECLARATION OF RICHARD J. LUTTON, JR. IN SUPPORT OF APPLE’S MOTION FOR A PRELIMINARY INJUNCTION CASE NO. 11-CV-01846-LHK 1 8. My hopes, however, were not realized. In February 2011, Samsung announced 2 that it would be introducing a new tablet-style device called the Galaxy Tab 10.1. The Tab 10.1, 3 in size, shape, and styling, is a close copy of Apple’s iPad. That same month, the press also 4 released images of Samsung’s new Galaxy S 2 smartphone, which bore a remarkable similarity to 5 Apple’s own iPhone. 6 9. As of late March 2011, with the emergence of additional Samsung products 7 copying the iPhone’s distinctive features arriving on the market such as the Galaxy S 4G, it 8 became clear that Samsung had no intention of ceasing its infringement. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF RICHARD J. LUTTON, JR. IN SUPPORT OF APPLE’S MOTION FOR A PRELIMINARY INJUNCTION Case No. 11-cv-01846-LHK 2