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

Filing 1021

Declaration Of Susan Kare In Support Of Apples Opposition To Samsungs Motion For Summary Judgment filed byApple Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(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]

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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]

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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,

Case No.

11-cv-01846-LHK (PSG)

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Plaintiff,
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v.
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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,

DECLARATION OF SUSAN KARE
IN SUPPORT OF APPLE’S
OPPOSITION TO SAMSUNG’S
MOTION FOR SUMMARY
JUDGMENT

Defendants.

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DECLARATION OF SUSAN KARE IN SUPPORT OF APPLE’S OPPOSITION TO MOT.
CASE NO. 11-CV-01846-LHK (PSG)
sf-3150809

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I, Susan Kare, do hereby declare as follows:

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1.

My name is Susan Kare. I previously submitted my Expert Report in the current

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matter on March 22, 2012. I also submitted my Rebuttal Expert Report on April 16, 2012. I am

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currently a graphic designer at Susan Kare Design, which I founded in 1987.

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2.

My professional work has focused on the design of icons and interface graphics. I

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have approximately 30 years of experience in this type of design and have created icons for

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hundreds of clients. My qualifications are set forth in my March 22, 2012 Expert Report.

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3.

I have been asked by counsel for Apple to opine on the visual appearances of

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designs depicted in U.S. Design Patent No. D604,305 and U.S. Design Patent No. D617,334

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(collectively, the “Asserted Design Patents”), and the visual appearance of the user interface

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graphics of the iPhone, iPhone 3, iPhone 3GS, and iPhone 4 (the “iPhone Devices”); the

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similarities between the appearances of the applications screens of various Samsung phones

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compared to the Design Patents and the designs utilized in the iPhone Devices; the availability of

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designs that constitute alternatives to the designs depicted in the Asserted Design Patents and the

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designs utilized in the iPhone Devices; the relationship between functionality and visual

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appearances of the designs depicted in the Asserted Design Patents and the designs utilized in the

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iPhone Devices; and the non-obviousness of the designs depicted in the Asserted Design Patents.

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4.

In addition to the expert report of Samuel Lucente, I have also reviewed the

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Asserted Design patents, the iPhone Devices, various Samsung devices, certain publicly available

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materials, and certain confidential Samsung documents. Lists of the documents I considered and

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relied upon are attached as Exhibit 2 to my March 22, 2012 Expert Report and Exhibit 1 to my

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April 16, 2012 Rebuttal Expert Report.

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5.

A true and correct copy of excerpts of my March 22, 2012 Expert Report is

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attached hereto as Exhibit 1. A true and correct copy of excerpts of my April 16, 2012 Rebuttal

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Expert Report is attached hereto as Exhibit 2. My opinions are accurately set forth in these

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reports.

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I declare under penalty of perjury that the foregoing, including statements from my Expert
Report and Rebuttal Expert Report, is true and correct to the best of my knowledge and that this
DECLARATION OF SUSAN KARE IN SUPPORT OF APPLE’S OPPOSITION TO MOT.
CASE NO. 11-CV-01846-LHK (PSG)
sf-3150809

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Declaration was executed on May 30, 2012, at San Francisco, CA.

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___________________________________
Susan Kare

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DECLARATION OF SUSAN KARE IN SUPPORT OF APPLE’S OPPOSITION TO MOT.
CASE NO. 11-CV-01846-LHK (PSG)
sf-3150809

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