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

Filing 1002

Declaration of Sam Stake in Support of #1005 Samsung's Opposition to Apple's Motion for Summary Judgment filed by Samsung Electronics America, 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)(Maroulis, Victoria) (Filed on 6/1/2012) Modified on 6/4/2012 linking entry to document #1005 and correcting filing date. counsel posted document on 6/1/2012 (dhm, COURT STAFF).

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Bar No. 170151)
2
[e-mail]
50 California Street, 22nd Floor
3 San Francisco, California 94111
Telephone: [phone]
4 Facsimile: [phone]
5

Kevin P.B. Johnson (Bar No. 177129)
[e-mail]
6
Victoria F. Maroulis (Bar No. 202603)
[e-mail]
7 555 Twin Dolphin Dr., 5th Floor
Redwood Shores, California 94065
8 Telephone: [phone]
Facsimile: [phone]
9
Michael T. Zeller (Bar No. 196417)
10
[e-mail]
865 S. Figueroa St., 10th Floor
11 Los Angeles, California 90017
Telephone: [phone]
12 Facsimile: [phone]
13 Attorneys for SAMSUNG ELECTRONICS CO., LTD.,
SAMSUNG ELECTRONICS AMERICA, INC., and
14 SAMSUNG TELECOMMUNICATIONS AMERICA, LLC
15
UNITED STATES DISTRICT COURT
16
NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION
17
APPLE INC., a California corporation,

CASE NO. 11-cv-01846-LHK

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Plaintiff,
19
vs.
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SAMSUNG ELECTRONICS CO., LTD., a
21 Korean business entity; SAMSUNG
ELECTRONICS AMERICA, INC., a New
22 York corporation; SAMSUNG
TELECOMMUNICATIONS AMERICA,
23 LLC, a Delaware limited liability company,
24

DECLARATION OF SAM STAKE IN
SUPPORT OF SAMSUNG’S OPPOSITION
TO APPLE’S MOTION FOR SUMMARY
JUDGMENT OF NON-INFRINGEMENT
OF U.S. PATENT NO. 7,362,867 AND
INVALIDITY OF U.S. PATENT NOS.
7,456,893 AND 7,577,460

Defendants.

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Case No. 11-cv-01846-LHK
DECLARATION OF SAM STAKE IN SUPPORT OF SAMSUNG'S OPPOSITION
TO APPLE'S MOTION FOR SUMMARY JUDGMENT

1 I, Sam Stake, hereby declare as follows:
2

1.

I am an attorney in the law firm of Quinn Emanuel Urquhart & Sullivan, LLP,

3 counsel for Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung
4 Telecommunications America, LLC (collectively, “Samsung”). I have personal knowledge of the
5 facts set forth in this declaration and, if called upon as a witness, I could and would testify to such
6 facts under oath.
7

2.

Attached hereto as Exhibit 1 is a true and correct copy of “IPR Information

8 Statement and Licensing Declaration,” submitted by Samsung Electronics Corporation to the
9 European Telecommunication Standards Institute, bearing document control numbers APLNDC10 WH-A0000009375-96.
11

3.

Attached hereto as Exhibit 2 is a true and correct copy of excerpts of the deposition

12 transcript of Mani Srivastava, dated April 25, 2012.
13

4.

Attached hereto as Exhibit 3 is a true and correct copy of excerpts of the Expert

14 Report of Mani Srivastava, Ph.D. Regarding Invalidity of the Asserted Claim of U.S. Patent No.
15 7,577,460.
16

5.

Attached hereto as Exhibit 4 is a true and correct copy of excerpts of U.S.

17 Application No. 09/540,830, dated March 31, 2000, bearing document control numbers APLNDC18 WH-A0000014278-310.
19

6.

Attached hereto as Exhibit 5 is a true and correct copy of an Office Action in

20 connection with U.S. Application No. 09/540,830, dated August 8, 2002, bearing document
21 control numbers APLNDC-WH-A0000014255-66.
22

7.

Attached hereto as Exhibit 6 is a true and correct copy of Applicants’ Response and

23 Amendments in connection with U.S. Application No. 09/540,830, dated November 7, 2000,
24 bearing document control numbers APLNDC-WH-A0000014245-54.
25

8.

Attached hereto as Exhibit 7 is a true and correct copy of an Office Action in

26 connection with U.S. Application No. 09/540,830, dated February 3, 2003, bearing document
27 control numbers APLNDC-WH-A0000014229-41.
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Case No. 11-cv-01846-LHK
-1DECLARATION OF SAM STAKE IN SUPPORT OF SAMSUNG'S OPPOSITION
TO APPLE'S MOTION FOR SUMMARY JUDGMENT

1

9.

Attached hereto as Exhibit 8 is a true and correct copy of an Office Action in

2 connection with U.S. Application No. 09/540,830, dated June 27, 2003, bearing document control
3 numbers APLNDC-WH-A0000014147-60.
4

10.

Attached hereto as Exhibit 9 is a true and correct copy of Applicants’ Response and

5 Amendments in connection with U.S. Application No. 09/540,830, dated March 17, 2004, bearing
6 document control numbers APLNDC-WH-A0000014115-22.
7

11.

Attached hereto as Exhibit 10 is a true and correct copy of excerpts of the

8 deposition transcript of Jeong-Seok Oh, dated November 11, 2011.
9

12.

Attached hereto as Exhibit 11 is a true and correct copy of excerpts of the

10 deposition transcript of Sang-Ryul Park, dated November 18, 2011.
11

13.

Attached hereto as Exhibit 12 is a true and correct copy of excerpts of the Expert

12 Report of Woodward Yang Regarding the Infringement of U.S. Patent Nos. US 7,577,460, US
13 7,456,893, US 7,698,711, and US 7,079,871.
14

14.

Attached hereto as Exhibit 13 is a true and correct copy of excerpts of the

15 deposition transcript of Woodward Yang, dated May 8, 2012.
16

15.

Attached hereto as Exhibit 14 is a true and correct copy of excerpts of the

17 deposition transcript of Woodward Yang, dated May 9, 2012.
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I declare under penalty of perjury under the laws of the United States of America that the
19
foregoing is true and correct.
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Executed on May 31, 2012, in San Francisco, California.
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/s/ Sam Stake
Sam Stake

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I, Victoria F. Maroulis, am the ECF User whose identification and password are being used

25 to file this document. Pursuant to General Order 45.X.B, I hereby attest that Sam Stake, counsel
26 for Samsung, concurred in this filing.
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Case No. 11-cv-01846-LHK
-2DECLARATION OF SAM STAKE IN SUPPORT OF SAMSUNG'S OPPOSITION
TO APPLE'S MOTION FOR SUMMARY JUDGMENT