Apple Inc. v. Samsung Electronics Co., Ltd. et al

Filing 144

Declaration of Heather H. Martin in Support of 142 Opposition/Response to Motion, filed byGoogle Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14)(Related document(s) 142 ) (Candido, Amy) (Filed on 4/28/2012)

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1 Amy H. Candido amycandido@quinnemanuel.com 2 Matthew S. Warren matthewwarren@quinnemanuel.com 3 QUINN EMANUEL URQUHART & SULLIVAN, LLP 4 50 California Street, 22nd Floor San Francisco, California 94111-4788 5 (415) 875-6600 (415) 875-6700 facsimile 6 7 Attorneys for Non-Party Google Inc. 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION 10 11 APPLE INC., a California corporation, Plaintiff, 12 13 v. SAMSUNG ELECTRONICS CO., LTD., a 14 Korean business entity; SAMSUNG ELECTRONICS AMERICA, INC., a 15 New York corporation; SAMSUNG TELECOMMUNICATIONS 16 AMERICA, LLC, a Delaware limited liability company, 17 Defendants. 18 SAMSUNG ELECTRONICS CO., LTD., a 19 Korean corporation; SAMSUNG ELECTRONICS AMERICA, INC., a New 20 York corporation, and SAMSUNG TELECOMMUNICATIONS AMERICA, 21 LLC, a Delaware limited liability company, 22 23 CASE NO. 12-cv-00630 LHK DECLARATION OF HEATHER H. MARTIN IN SUPPORT OF GOOGLE’S OPPOSITION TO APPLE’S MOTION TO COMPEL Date: May 1, 2012 Time: 10:00 a.m. Place: Courtroom 5, 4th Floor Judge: Hon. Paul S. Grewal Counterclaim-Plaintiff, v. 24 APPLE INC., a California corporation, 25 Counterclaim-Defendant 26 27 28 CASE NO. 12-CV-00630 LHK -1MARTIN DECLARATION IN SUPPORT OF GOOGLE’S OPPOSITION TO APPLE’S MOTION TO COMPEL 1 I, Heather H. Martin, declare: 2 1. I am an associate at Quinn Emanuel Urquhart & Sullivan, LLP, counsel for non- 3 party Google Inc. (“Google”) in this action. I submit this declaration in support of Google’s 4 Opposition to Apple’s Motion to Compel. I have personal knowledge of the following facts, and 5 would competently testify to them if called upon to do so. 6 2. Attached to this declaration as Exhibit 1 is a true and correct copy of “Features- 7 Galaxy Nexus,” April 28, 2012. 8 3. Attached to this declaration as Exhibit 2 is a true and correct copy of “Steve Jobs,” 9 a biography by Walter Isaacson. 10 4. Attached to this declaration as Exhibit 3 is a true and correct copy of Order No. 22 11 in Certain Personal Data and Mobile Communications Devices and Related Software, U.S.I.T.C. 12 Inv. No. 337-TA-710 (October 14, 2010) (“710 Investigation”). 13 5. Attached to this declaration as Exhibit 4 is a true and correct copy of the October 14 28, 2010 Letter from Amy Candido to Charles Fernandez in the 710 Investigation. 15 6. Attached to this declaration as Exhibit 5 is a true and correct copy of the June 7, 16 2011 Letter from Matthew S. Warren to Ted Jou in Certain Mobile Devices and Related Software, 17 U.S.I.T.C. Inv. No. 337-TA-750 (“750 Investigation”). 18 7. Attached to this declaration as Exhibit 6 is a true and correct copy of the July 20, 19 2011 Letter from Matthew S. Warren to Ted Jou in the 750 Investigation. 20 8. Attached to this declaration as Exhibit 7 is a true and correct copy of the September 21 2, 2011 Letter from Jill J. Ho to Laura Miller in Apple Inc. and NeXT Software Inc. (f/k/a/ NeXT 22 Computer, Inc.) v. Motorola, Inc. and Motorola Mobility, Inc., No. 10-662 (W.D. Wisc.). This 23 case has subsequently been transferred to the Northern District of Illinois as Apple Inc. and NeXT 24 Software Inc. (f/k/a/ NeXT Computer, Inc.) v. Motorola, Inc. and Motorola Mobility, Inc., No. 1125 8540 (N.D. Ill.). I will refer to this litigation throughout the remainder of this declaration as the 26 “Northern District of Illinois case.” 27 9. Attached to this declaration as Exhibit 8 is a true and correct copy of the September 28 7, 2011 Letter from Matthew S. Warren to Jill Ho in the Northern District of Illinois case. CASE NO. 12-CV-00630 LHK -2MARTIN DECLARATION IN SUPPORT OF GOOGLE’S OPPOSITION TO APPLE’S MOTION TO COMPEL 1 10. Attached to this declaration as Exhibit 9 is a true and correct copy of the January 2 31, 2012 Letter from Kristin J. Madigan to J. Jason Lang in Apple, Inc. v. Motorola, Inc. and 3 Motorola Mobility, Inc., No. 10-23580 (S.D. Fla.) (“the Southern District of Florida case”). 4 11. Attached to this declaration as Exhibit 10 is a true and correct copy of the January 5 9, 2012 Letter from Kristin J. Madigan to Jill Ho in the Southern District of Florida case. 6 12. Attached to this declaration as Exhibit 11 is a true and correct copy of “Galaxy 7 Nexus: An In-Your-Face Android Phone,” November 22, 2011. 8 13. Attached to this declaration as Exhibit 12 is a true and correct copy of “Galaxy 9 Nexus HSPA+ 10 14. Review” by Miriam Joire, November 24, 2011. Attached to this declaration as Exhibit 13 is a true and correct copy of Samsung's 11 Objections and Responses to Apple's First Set of Preliminary Injunction Interrogatories, Apple Inc. 12 v. Samsung Electronics Co., Case No. 12-cv-00630 (N.D. Cal. March 27, 2012). I will refer to this 13 litigation throughout the remainder of this declaration as the “Second Northern District of 14 California case.” 15 15. Attached to this declaration as Exhibit 14 is a true and correct copy of the March 16 29, 2012 Letter from Brian M. Buroker to Patrick Shields in the Second Northern District of 17 California case. 18 16. Attached to this declaration as Exhibit 15 is a true and correct copy of the April 23, 19 2012 Letter from Heather H. Martin to Jason Lo. 20 17. Attached to this declaration as Exhibit 16 is a true and correct copy of the April 25, 21 2012 Letter from Jason Lo to Heather H. Martin. 22 18. Attached to this declaration as Exhibit 17 is a true and correct copy of the April 26, 23 2012 Letter from Heather H. Martin to Jason Lo. 24 19. Attached to this declaration as Exhibit 18 is a true and correct copy of the April 24, 25 2012 Letter from Heather H. Martin to Jason Lo. 26 20. Attached to this declaration as Exhibit 19 is a true and correct copy of the April 26, 27 2012 Letter from Heather H. Martin to Jason Lo. 28 CASE NO. 12-CV-00630 LHK -3MARTIN DECLARATION IN SUPPORT OF GOOGLE’S OPPOSITION TO APPLE’S MOTION TO COMPEL