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

Filing 1020

Administrative Motion to File Under Seal Documents Under Seal Re Apples Opposition To Samsungs Motion For Summary Judgment filed by Apple Inc.. (Attachments: #1 Proposed Order, #2 Declaration Of Jason R. Bartlett In Support Of Apples Opposition To Samsungs Motion For Summary Judgment, #3 Bartlett Decl. Ex. 8, #4 Bartlett Decl. Ex. 9, #5 Bartlett Decl. Ex. 10, #6 Bartlett Decl. Ex. 11, #7 Bartlett Decl. Ex. 17, #8 Bartlett Decl. Ex. 18, #9 Bartlett Decl. Ex. 19, #10 Bartlett Decl. Ex. 23, #11 Bartlett Decl. Ex. 26, #12 Bartlett Decl. Ex. 30, #13 Bartlett Decl. Ex. 31, #14 Bartlett Decl. Ex. 32, #15 Bartlett Decl. Ex. 53, #16 Bartlett Decl. Ex. 54, #17 Bartlett Decl. Ex. 55, #18 Bartlett Decl. Ex. 57, #19 Bartlett Decl. Ex. 58, #20 Bartlett Decl. Ex. 59, #21 Bartlett Decl. Ex. 60, #22 Bartlett Decl. Ex. 61, #23 Bartlett Decl. Ex. 62, #24 Bartlett Decl. Ex. 64, #25 Bartlett Decl. Ex. 67, #26 Bartlett Decl. Ex. 80)(Jacobs, Michael) (Filed on 6/1/2012)

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HAROLD J. MCELHINNY (CA SBN 66781)
[e-mail]
MICHAEL A. JACOBS (CA SBN 111664)
[e-mail]
JENNIFER LEE TAYLOR (CA SBN 161368)
[e-mail]
ALISON M. TUCHER (CA SBN 171363)
[e-mail]
RICHARD S.J. HUNG (CA SBN 197425)
[e-mail]
JASON R. BARTLETT (CA SBN 214530)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: [phone]

WILLIAM F. LEE
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Telephone: [phone]
Facsimile: [phone]
MARK D. SELWYN (SBN 244180)
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]

Attorneys for Plaintiff and
Counterclaim-Defendant APPLE INC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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APPLE INC., a California corporation,

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Plaintiff,
v.
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,

Case No. 11-cv-01846-LHK (PSG)
DECLARATION OF JASON R.
BARTLETT IN SUPPORT OF
APPLE’S OPPOSITION TO
SAMSUNG’S MOTION FOR
SUMMARY JUDGMENT

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Defendants.
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DECLARATION OF JASON R. BARTLETT IN SUPPORT OF APPLE’S OPPOSITION TO MSJ
CASE NO. 11-cv-01846-LHK (PSG)
sf-3152167

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I, Jason R. Bartlett, declare as follows:

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I am a partner in the law firm of Morrison & Foerster LLP, counsel for Apple Inc.

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(“Apple”) in this action. I am licensed to practice law in the State of California and admitted to

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practice before this Court. I submit this declaration in support of Apple’s Opposition to

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Samsung’s Motion for Summary Judgment. Unless otherwise indicated, I have personal

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knowledge of the matters stated herein or understand them to be true from members of my

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litigation team. If called as a witness, I would testify to the facts set forth below.

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1.

Attached hereto as Exhibit 1 is a true and correct copy of excerpts of the transcript

of the August 3, 2011 deposition of Christopher Stringer. Portions of these excerpts were cited in
Bressler Decl. ¶¶ 132, 157-158.
2.

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

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of the December 1, 2011 deposition of Jonathan Ive. Portions of these excerpts were cited in

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Bressler Decl. ¶¶ 132, 157.

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3.

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

of the October 18, 2011 deposition of Freddy Anzures.
4.

Attached hereto as Exhibit 4 is a true and correct copy of an excerpt of the

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transcript of the March 2, 2012 deposition of Tang Tan. Some of these excerpts were cited in

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Bressler Decl. ¶¶ 132-135, 157-158.

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5.

Attached hereto as Exhibit 5 is a true and correct copy of excerpts of the transcript

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of the February 29, 2012 deposition of Fletcher Rothkopf. Portions of these excerpts are cited in

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Bressler Decl. ¶ 133.

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6.

Attached hereto as Exhibit 6 is a true and correct copy of an excerpt of the

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transcript of the February 28, 2012 deposition of Tamara Whiteside. This excerpt is cited in

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Winer Decl. Ex. 1 ¶ 147 n. 50.

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7.

Attached hereto as Exhibit 7 is a true and correct copy of an excerpt of the R.

Sukumar Rebuttal Report dated April 16, 2012.

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DECLARATION OF JASON R. BARTLETT IN SUPPORT OF APPLE’S OPPOSITION TO MSJ
CASE NO. 11-cv-01846-LHK (PSG)
sf-3152167

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8.

Attached hereto as Exhibit 8 is a true and correct copy of Exhibit 2 to the

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Declaration of Sissie Twiggs In Support of Apple’s Motion for a Preliminary Injunction dated

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July 1, 2011.

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9.

Attached hereto as Exhibit 9 is a true and correct copy of Exhibit 5 to the

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Declaration of Sissie Twiggs In Support of Apple’s Motion for a Preliminary Injunction dated

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July 1, 2011.

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10.

Attached hereto as Exhibit 10 is a true and correct copy of Exhibit 14 to the

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Declaration of Sissie Twiggs In Support of Apple’s Motion for a Preliminary Injunction dated

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July 1, 2011.

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11.

Attached hereto as Exhibit 11 is a true and correct copy of Exhibit 18 to the

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Declaration of Sissie Twiggs In Support of Apple’s Motion for a Preliminary Injunction dated

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July 1, 2011.

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12.

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

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transcript of the July 27, 2011 deposition of Sissie Twiggs. Portions of these excerpts are cited in

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Winer Decl. Ex. 1 ¶ 147 n. 50.

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13.

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

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transcript of the February 23, 2012 deposition of Greg Joswiak. Portions of these excerpts are

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cited in Winer Decl. Ex. 1 ¶ 147 n. 51.

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14.

Attached hereto as Exhibit 14 is a true and correct copy of Exhibit 45 to the July

27, 2011 deposition of Sissie Twiggs.
15.

Attached hereto as Exhibit 15 is a true and correct copy of Exhibit 46 to the July

27, 2011 deposition of Sissie Twiggs.
16.

Attached hereto as Exhibit 16 is a true and correct copy of excerpts of the

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Christopher Stringer Declaration in Support of Apple’s Reply to its Motion for Preliminary

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Injunction dated September 30, 2011.

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17.

Attached hereto as Exhibit 17 is a true and correct copy of an excerpt of the

transcript of the April 24, 2012 deposition of Robert Anders.

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DECLARATION OF JASON R. BARTLETT IN SUPPORT OF APPLE’S OPPOSITION TO MSJ
CASE NO. 11-cv-01846-LHK (PSG)
sf-3152167

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18.

Attached hereto as Exhibit 18 is a true and correct copy of an excerpt of the

transcript of the April 26, 2012 deposition of Robert Anders.
19.

Attached hereto as Exhibit 19 is a true and correct copy of the Nokia Fingerprint

Design.
20.

Attached hereto as Exhibit 20 is a true and correct copy of an excerpt of the

transcript of the March 5, 2012 deposition of Robert Brunner.
21.

Attached hereto as Exhibit 21 is a true and correct copy of an excerpt of the

transcript of the January 14, 2012 deposition of Nara Cho.
22.

Attached hereto as Exhibit 22 is a true and correct copy of Exhibit 1266 to the

January 14, 2012 deposition of Nara Cho.
23.

Attached hereto as Exhibit 23 is a true and correct copy of US Design Patent

604,305.
24.

Attached hereto as Exhibit 24 is a true and correct copy of an excerpt of the

transcript of the October 14, 2011 deposition of Imran Chaudri.
25.

Attached hereto as Exhibit 25 is a true and correct copy of an excerpt of

Samsung’s Objections to Apple Inc.’s Fifth Set of Interrogatories (Corrected).
26.

Attached hereto as Exhibit 26 is a true and correct copy of Exhibit 27 to the

Patrick Zhang Declaration in Support of Apple’s Motion for a Preliminary Injunction.
27.

Attached hereto as Exhibit 27 is a true and correct copy of excerpts of a US

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Mobile Phone Market Study dated June 2007 which Apple produced in connection with this

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litigation with Bates numbers APLNDC-Y0000028751-28849.

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28.

Attached hereto as Exhibit 28 is a true and correct copy of an excerpt of the

transcript of the February 28, 2012 deposition of Seung Hun Yoo.
29.

Attached hereto as Exhibit 29 is a true and correct copy of excerpts of an iPhone

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Owner Study which Apple produced in connection with this litigation with Bates numbers

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APLNDC-Y25024-5147.

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30.

Attached hereto as Exhibit 30 is a true and correct copy of an excerpt of the

transcript of the May 4, 2012 deposition of Stephen Gray.
DECLARATION OF JASON R. BARTLETT IN SUPPORT OF APPLE’S OPPOSITION TO MSJ
CASE NO. 11-cv-01846-LHK (PSG)
sf-3152167

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31.

Attached hereto as Exhibit 31 is a true and correct copy of the Invalidity Report of

Stephen Gray dated March 22, 2011.
32.

Attached hereto as Exhibit 32 is a true and correct copy of entries in the 2003

editions of the Oxford English Dictionary and Merriam Webster’s English Dictionary.
33.

Attached hereto as Exhibit 33 is a true and correct copy of an excerpt of the

transcript of the April 20, 2012 deposition of Ravin Balakrishnan.
34.

Attached hereto as Exhibit 34 is a true and correct copy of an excerpt of the

transcript of the March 7, 2012 deposition of Dong Hoon Chang.
35.

Attached hereto as Exhibit 35 is a true and correct copy of an excerpt of the

transcript of the February 28, 2012 deposition of Seung Hun Yoo.
36.

Attached hereto as Exhibit 36 is a true and correct copy of an excerpt of the

transcript of the February 29, 2012 deposition of Seogguen Kim.
37.

Attached hereto as Exhibit 37 is an excerpt of a document titled “Archetype

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Design 2009” produced by Samsung in this litigation with Bates numbers SAMNDCA00376530-

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376580.

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38.

Attached hereto as Exhibit 38 is a true and correct copy of an excerpt of the

transcript of the February 23 2012 deposition of Yunjung Lee.
39.

Attached hereto as Exhibit 39 is a true and correct copy of an excerpt of the

transcript of the March 2, 2012 deposition of Seogguen Kim.
40.

Attached hereto as Exhibit 40 is a true and correct copy of excerpts of a document

produced by Samsung in this litigation with Bates numbers S-ITC-007849424-7849429.
41.

Attached hereto as Exhibit 41 is a true and correct copy of an excerpt of the

transcript of the March 7, 2012 deposition of Dong Hoon Chang.
42.

Attached hereto as Exhibit 42 is a true and correct copy of an excerpt of the

transcript of the February 2, 2012 deposition of Jinsoo Kim.
43.

Attached hereto as Exhibit 43 is a true and correct copy of an excerpt of the

transcript of the January 11, 2012 deposition of Bo-Ra Kim.

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DECLARATION OF JASON R. BARTLETT IN SUPPORT OF APPLE’S OPPOSITION TO MSJ
CASE NO. 11-cv-01846-LHK (PSG)
sf-3152167

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44.

Attached hereto as Exhibit 44 is a true and correct copy of an excerpt of the

transcript of the February 8, 2012 deposition of Hangil Song.
45.

Attached hereto as Exhibit 45 is a true and correct copy of an excerpt of the

transcript of the February 2, 2012 deposition of Jungmin Yeo.
46.

Attached hereto as Exhibit 46 is a true and correct copy of an excerpt of the

transcript of the February 16, 2012 deposition of Gi Young Lee.
47.

Attached hereto as Exhibit 47 is a true and correct copy of an excerpt of the

transcript of the September 21, 2012 deposition of Justin Denison.
48.

Attached hereto as Exhibit 48 is a true and correct copy of excerpts of the

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transcript of the February 7, 2012 deposition of Jonathan Ive. Portions of these excerpts are cited

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in Bressler Decl. ¶ 132.

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49.

Attached hereto as Exhibit 49 is a true and correct copy of an excerpt of the

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transcript of the November 4, 2011 deposition of Christopher Stringer. Portions of these excerpts

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are cited in Bressler Decl. ¶ 132.

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50.

Attached hereto as Exhibit 50 is a true and correct copy of an excerpt of the

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transcript of the February 28, 2012 deposition of Phil Hobson. Some of these excerpts were cited

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in Bressler Decl. ¶¶ 132-133.

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51.

Attached hereto as Exhibit 51 is a true and correct copy of an excerpt of the

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transcript of the March 8, 2012 deposition of Christopher Prest. This excerpt is cited in Bressler

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Decl. ¶¶ 133, 158.

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52.

Attached hereto as Exhibit 52 is a true and correct copy of an excerpt of the

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transcript of the February 16, 2012 deposition of Richard Dinh. This excerpt is cited in Bressler

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Decl. ¶ 133.

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53.

Attached hereto as Exhibit 53 is a true and correct copy of an excerpt of the

transcript of the October 14, 2011 deposition of Scott Herz.
54.

Attached hereto as Exhibit 54 is a true and correct copy of an excerpt of the

transcript of the October 18, 2011 deposition of Andrew Platzer.

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DECLARATION OF JASON R. BARTLETT IN SUPPORT OF APPLE’S OPPOSITION TO MSJ
CASE NO. 11-cv-01846-LHK (PSG)
sf-3152167

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55.

Attached hereto as Exhibit 55 is a true and correct copy of U.S. Provisional Patent

Application No. 60/883,801.
56.

Attached hereto as Exhibit 56 is a true and correct copy of an excerpt of the

transcript of the August 9, 2011 deposition of Bas Ording.
57.

Attached hereto as Exhibit 57 is a true and correct copy of the Request for

Reexamination of US Patent 7,469,381, with Bates numbers APLPROS0000019658-708.
58.

Attached hereto as Exhibit 58 is a true and correct copy of the January 13, 2011

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Notice of Intent to Issue Ex Parte Reexamination Certificate for the US Patent 7,469,381, with

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Bates numbers APLPROS0000019626-32.

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59.

Attached hereto as Exhibit 59 is a true and correct copy of the April 26, 2011 Ex

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Parte Reexamination Certificate for the US Patent 7,469,381, with Bates numbers

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SAMNDCA00000030-31.

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60.

Attached hereto as Exhibit 60 is a true and correct copy of Exhibit 222 from the

September 17, 2011 deposition of Benjamin Bederson.
61.

Attached hereto as Exhibit 61 is a true and correct copy of excerpts from the

transcript of the September 17, 2011 deposition of Benjamin Bederson.
62.

Attached hereto as Exhibit 62 is a true and correct copy of excerpts from the

transcript of the September 14, 2011 deposition of Andries Van Dam.
63.

Attached hereto as Exhibit 63 is a true and correct copy of excerpts from the

transcript of the March 9, 2012 deposition of Adam Bogue.
64.

Attached hereto as Exhibit 64 is a true and correct copy of Exhibit G-7 to

Samsung’s Patent Local Rule 3-3 and 3-4 Disclosures served on October 7, 2011.
65.

Attached hereto as Exhibit 65 is a true and correct copy of Exhibit 8 to the Expert

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Report of Andries Van Dam, Ph.D. Regarding Invalidity of U.S. Patent No. 7,469,381 served on

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March 22, 2012.

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66.

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Attached hereto as Exhibit 66 is a true and correct copy of excerpts of the

transcript of the March 8, 2012 deposition of Clifton Forlines.

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DECLARATION OF JASON R. BARTLETT IN SUPPORT OF APPLE’S OPPOSITION TO MSJ
CASE NO. 11-cv-01846-LHK (PSG)
sf-3152167

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67.

Attached hereto as Exhibit 67 is a true and correct copy of excerpts of the Expert

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Report of Jeffrey Johnson, Ph.D. Regarding Non-Infringement of U.S. Patent No. 7,469,381

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served on April 16, 2012.

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68.

Attached hereto as Exhibit 68 is a true and correct copy of a translation of a

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document titled “Usability Evaluation Results,” with Bates numbers SAMNDCA00508318 –

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508411.

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69.

Attached hereto as Exhibit 69 is a true and correct copy of a translation of a

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document titled “Usability Evaluation Results,” with Bates numbers SAMNDCA00176053 –

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176171.

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70.

Attached hereto as Exhibit 70 is a true and correct copy of a translation of a

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document titled “Analysis of Galaxy Tab Operation Speed and Screen Effects,” with Bates

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numbers SAMNDCA00201771 – 201780.

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71.

Attached hereto as Exhibit 71 is a true and correct copy of Samsung’s

Supplemental Response to Apple’s Interrogatory No. 16 dated March 8, 2012.
72.

Attached hereto as Exhibit 72 is a true and correct copy of excerpts from the

January 12, 2012 deposition transcript of Wookyun Kho.
73.

Attached hereto as Exhibit 73 is a true and correct copy of a translation of an

email chain with Bates numbers SAMNDCA10851706-7.
74.

Attached hereto as Exhibit 74 is a true and correct copy of a translation of an

email chain with Bates numbers SAMNDCA10850604-6.
75.

Attached hereto as Exhibit 75 is a copy of the iPhone 3GS Launch Kit – US, dated

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June 2009, which Apple produced in connection with this litigation with Bates number

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APLNDC0002008363-2008405. This document was cited in Winer Decl. Ex. 1 ¶ 47 n.52.

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76.

Attached hereto as Exhibit 76 is a copy of the iPad Asset Kit – US, dated April

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2012, which Apple produced in connection with this litigation with Bates number

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APLNDC0001964084-1964099. This document was cited in Winer Decl. Ex. 1 ¶ 47 n.52.

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77.

Attached hereto as Exhibit 77 is a copy of the iPad 2 Business Asset Kit—

English, dated March 2011, which Apple produced in connection with this litigation with Bates
DECLARATION OF JASON R. BARTLETT IN SUPPORT OF APPLE’S OPPOSITION TO MSJ
CASE NO. 11-cv-01846-LHK (PSG)
sf-3152167

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number APLNDC0002027210-APLNDC0002027226. This document is cited in Winer Decl. Ex.

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1 ¶ 47 n.52.

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78.

Attached hereto as Exhibit 78 is a true and correct copy of excerpts from the

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February 21, 2012 deposition transcript of Stanley Ng. These excerpts were cited in Winer Decl.

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Ex. 1 ¶ 147 n.50.

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79.

Attached hereto as Exhibit 79 is a true and correct copy of excerpts from the

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February 17, 2012 deposition transcript of Phillip Schiller. These excerpts were cited in Winer

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Decl. Ex. 1 ¶ 147 n.51.

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80.

Attached hereto as Exhibit 80 is a true and correct copy of Apple’s Infringement

Contentions served August 26, 2011.
81.

On information and belief, and based on my conversations with Apple legal

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department and industrial design department employees, the model depicted in Exhibit 15 to the

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Brett Arnold Declaration in Support of Samsung’s Motion for Summary Judgment (Dkt. No. 943,

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Ex. 15) were never made public. Exhibit 15 is two pages of photographs Bates numbered

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APLNDC-X000005887 and APLNDC-X000005851. I have examined the certified prosecution

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history of the D’889 patent (Bates APLNDC00030805 - APLNDC00030914). The two pages of

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photographs depicted in Exhibit 15 are not part of the D’889 prosecution history.

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I declare under penalty of perjury that the foregoing is true and correct. Executed this 31st
day of May, 2012, at San Francisco, California.
/s/ Jason R. Bartlett
Jason R. Bartlett

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DECLARATION OF JASON R. BARTLETT IN SUPPORT OF APPLE’S OPPOSITION TO MSJ
CASE NO. 11-cv-01846-LHK (PSG)
sf-3152167

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