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

Filing 1014

Declaration in Support of #1000 Opposition/Response to Motion, Declaration of James Ward In Support of Samsung's Opposition to Apple's Motion to Strike filed bySamsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit E, #4 Exhibit F, #5 Exhibit L, #6 Exhibit M, #7 Exhibit N, #8 Exhibit O, #9 Exhibit P, #10 Exhibit R, #11 Exhibit S, #12 Exhibit U, #13 Exhibit V, #14 Exhibit W, #15 Exhibit AA, #16 Exhibit BB, #17 Exhibit CC, #18 Exhibit EE)*** EXHIBIT EE FILED IN ERROR WITH CONFIDENTIAL INFORMATION. DOCUMENT LOCKED. DOCUMENT TO BE REFILED LATER. *** (Related document(s) #1000 ) (Maroulis, Victoria) (Filed on 6/1/2012) Modified on 8/13/2014 (fff, COURT STAFF).

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Bar No. 170151)
 [e-mail]
50 California Street, 22nd Floor
 San Francisco, California 94111
Telephone: [phone]
 Facsimile: [phone]
 Kevin P.B. Johnson (Bar No. 177129)
[e-mail]
 Victoria F. Maroulis (Bar No. 202603)
[e-mail]
th
 555 Twin Dolphin Drive, 5 Floor
Redwood Shores, California 94065-2139
 Telephone: [phone]
Facsimile: [phone]

Michael T. Zeller (Bar No. 196417)
 [e-mail]
865 S. Figueroa St., 10th Floor
 Los Angeles, California 90017
Telephone: [phone]
 Facsimile: [phone]

Attorneys for SAMSUNG ELECTRONICS
 CO., LTD., SAMSUNG ELECTRONICS
AMERICA, INC. and SAMSUNG
 TELECOMMUNICATIONS AMERICA, LLC

UNITED STATES DISTRICT COURT



NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION





APPLE INC., a California corporation,
Plaintiff,




vs.

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.


CASE NO. 11-cv-01846-LHK (PSG)
DECLARATION OF JAMES WARD IN
SUPPORT OF SAMSUNG’S OPPOSITION
TO APPLE INC.’S MOTION TO STRIKE
PORTIONS OF SAMSUNG’S EXPERT
REPORTS
Date: June ___, 2012
Time: 10:00 a.m.
Place: Courtroom 5, 4th Floor
Judge: Hon. Paul S. Grewal




02198.51855/4782698.2

Case No. 11-cv-01846-LHK (PSG)
WARD DECLARATION IN SUPPORT OF SAMSUNG’S OPPOSITION TO APPLE'S MOTION TO STRIKE
PORTIONS OF SAMSUNG'S EXPERT REPORTS

1

DECLARATION OF JAMES WARD



I, James Ward, declare as follows:



1.

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

 counsel for Samsung Electronics Co., Ltd., Samsung Electronics America, Inc. and Samsung
 Telecommunications America, LLC (collectively, “Samsung”). I submit this declaration in
 support of Samsung’s Opposition to Apple Inc.'s Motion to Strike Portions of Samsung's Expert
 Reports. I have personal knowledge of the facts set forth in this declaration, except as otherwise
 noted, and, if called upon as a witness, I could and would testify to such facts under oath.


2.

On October 7, 2011, Samsung served its Invalidity Contentions, a true and

 correct copy of which is attached hereto as Ex. A.


3.

On March 22, 2012, Samsung served the Expert Report of Stephen Gray, a true

 and correct copy of which is attached hereto as Ex. B.


4.

On March 9, 2012, in Boston, MA, Apple took the deposition of Mr. Adam

 Bogue in the case of In the Matter of Certain Portable Electronic Devices and Related Software,
 Inv. No. 337-TA-797, a true and correct copy of the relevant portions of the transcript of which
 is attached hereto as Ex. C.


5.

On March 8, 2012, in Boston, MA, Apple took the deposition of Mr. Clifton

 Forlines in the case of In the Matter of Certain Portable Electronic Devices and Related
 Software, Inv. No. 337-TA-797, a true and correct copy of the relevant portions of the transcript
 of which is attached hereto as Ex. D.


6.

On October 20, 2012, MERL produced to Apple, DiamondTouch programs and

 source code. A true and correct copy of the October 20, 2011 letter from Aaron Kaufman to
 Richard Hung, which attached this production, is attached hereto as Ex. E.


7.

On March 22, 2012, Samsung served the Expert Report of Dr. Andries van Dam,

 a true and correct copy of which is attached hereto as Ex. F.




02198.51855/4782698.2



Case No. 11-cv-01846-LHK (PSG)
-1WARD DECLARATION IN SUPPORT OF SAMSUNG’S OPPOSITION TO APPLE'S MOTION TO STRIKE
PORTIONS OF SAMSUNG'S EXPERT REPORTS

1

8.

On October 18, 2011, in Redwood Shores, CA, Samsung took the deposition of

2 Mr. Brian Q. Huppi, a true and correct copy of the relevant portions of the transcript of which is
3 attached hereto as Ex. G.
4

9.

On March 22, 2012, Apple served the Expert Report of Dr. Michel Maharbiz, a

5 true and correct copy of which is attached hereto as Ex. H.
6

10.

Attached hereto as Ex. I. is a true and correct copy of a document produced by

7 Apple in this litigation bearing Bates label APLNDC0000994176.
8

11.

Attached hereto as Exhibit J. is a true and correct copy of a document produced

9 by Apple in this litigation bearing Bates label APLNDC-X0000006145.
10

12.

Attached hereto as Exhibit K. is a true and correct copy of a document produced

11 by Apple in this litigation bearing Bates label APLNDC-Y0000264203-421.
12

13.

On April 5, 2012, Samsung served Corrected Expert Report of Dr. Brian Von

13 Herzen, a true and correct copy of which is attached hereto as Ex. L.
14

14.

On April 16, 2012, Samsung served the Expert Report of Dr. Jeffrey Johnson, a

15 true and correct copy of the relevant portions of which is attached hereto as Ex. M.
16

15.

On December 30, 2011, Sara Jenkins, attorney with Quinn Emanuel Urquhart &

17 Sullivan, LLP, sent an e-mail to [e-mail], producing Samsung source code for
18 inspection. A true and correct copy of this email is attached hereto as Ex. N.
19

16.

On February 3, 2012, Sara Jenkins, attorney with Quinn Emanuel Urquhart &

20 Sullivan, LLP, sent an e-mail to [e-mail] producing physical Samsung devices
21 for inspection. A true and correct copy of this email is attached hereto as Ex. O.
22

17.

On March 12, 2012, Samsung served its Second Supplemental Objections and

23 Responses to Apple Inc.'s Second Set of Interrogatories, a true and correct copy of the relevant
24 portions of which is attached hereto as Ex. P.
25

18.

On April 26, 2012, in Redwood Shores, CA, Apple took the deposition of

26 Dr. Jeffrey Johnson, a true and correct copy of the relevant portions of the transcript of which is
27 attached hereto as Ex. Q.
28
02198.51855/4782698.2

Case No. 11-cv-01846-LHK (PSG)
-2WARD DECLARATION IN SUPPORT OF SAMSUNG’S OPPOSITION TO APPLE'S MOTION TO STRIKE
PORTIONS OF SAMSUNG'S EXPERT REPORTS

1

19.

On August 26, 2011, Apple served its Infringement Contentions, a true and

2 correct copy of the relevant portions of which is attached hereto as Ex. R.
3

20.

On April 16, 2012, Samsung served the Rebuttal Expert Report of Mr. Stephen

4 Gray, a true and correct copy of the relevant portions of which is attached hereto as Ex. S.
5

21.

On March 22, 2012, Apple served the Expert Report of Dr. Karan Singh, a true

6 and correct copy of the relevant portions of which is attached hereto as Ex. T.
7

22.

On May 25, 2012, Samsung served the Supplement to Rebuttal Expert Report of

8 Mr. Stephen Gray, a true and correct copy of the relevant portions of which is attached hereto as
9 Ex. U.
10

23.

On September 7, 2011, Samsung served its Infringement Contentions, a true and

11 correct copy of the relevant portions of which is attached hereto as Ex. V.
12

24.

On March 22, 2012, Samsung served the Expert Report of Dr. Woodward Yang,

13 a true and correct copy of the relevant portions of which is attached hereto as Ex. W.
14

25.

On March 22, 2012, Apple served the Expert Report of Dr. Mani Srivastava, a

15 true and correct copy of the relevant portions of which is attached hereto as Ex. X.
16

26.

On April 25, 2012, in Los Angeles, CA, Samsung took the deposition of

17 Dr. Mani Srivastava, a true and correct copy of the relevant portions of the transcript of which is
18 attached hereto as Ex. Y.
19

27.

On May 8, 2012, in Boston, MA, Apple took the deposition of Dr. Woodward

20 Yang, a true and correct copy of the relevant portions of the transcript of which is attached
21 hereto as Ex. Z.
22

28.

A true and correct copy of U.S. Patent No. 7,577,460 is attached hereto as

23 Ex. AA.
24

29.

On March 22, 2012, Samsung served the Expert Report of Dr. Tim A. Williams,

25 a true and correct copy of the relevant portions of which is attached hereto as Ex. BB.
26

30.

A true and correct copy of the relevant portion of the transcript of the hearing in

27 this case on April 9, 2012 before Hon. Paul S. Grewal is attached hereto as Ex. CC.
28
02198.51855/4782698.2

Case No. 11-cv-01846-LHK (PSG)
-3WARD DECLARATION IN SUPPORT OF SAMSUNG’S OPPOSITION TO APPLE'S MOTION TO STRIKE
PORTIONS OF SAMSUNG'S EXPERT REPORTS

1

31.

Apple has served two supplemental expert damages reports after the applicable

2 deadlines, on April 26, 2012: the First Supplemental Expert Report of Richard Donaldson and
3 the First Supplemental Expert Report of Dr. Janusz A. Ordover.
4

32.

On May 12, 2012, Apple took the deposition of Mr. Michael J. Wagner, a true

5 and correct copy of the relevant portions of the transcript of which is attached hereto as Ex. DD.
6

33.

Mr. Wagner’s supplemental report was served on May 11, 2012, before Apple

7 deposed Mr. Wagner on May 12, 2012, and before Samsung deposed Mr. Musika on May 14,
8 2012.
9

34.

On April 16, 2012, Samsung served the Expert Report of Mr. Michael J. Wagner,

10 a true and correct copy of the relevant portions of which is attached hereto as Ex. EE.
11

35.

On May 8, 2012, Apple served the Supplemental Expert Report of Mr. Terry L.

12 Musika, a true and correct copy of the relevant portions of which is attached hereto as Ex. FF.
13
14

I declare under penalty of perjury under the laws of the United States of America that the

15 foregoing is true and correct.
16

Executed on May 31, 2012, in New York, New York.

17
18

/s/ James J. Ward
James J. Ward

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02198.51855/4782698.2

Case No. 11-cv-01846-LHK (PSG)
-4WARD DECLARATION IN SUPPORT OF SAMSUNG’S OPPOSITION TO APPLE'S MOTION TO STRIKE
PORTIONS OF SAMSUNG'S EXPERT REPORTS