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

Filing 1023

Administrative Motion to File Under Seal Documents Re Apples Opposition To Samsungs Motion For Summary Judgment filed by Apple Inc.. (Attachments: #1 Proposed Order, #2 Declaration Of Russell S. Winer In Support Of Apples Opposition To Samsungs Motion For Summary Judgment, #3 Declaration Of Dr. Alan Hedge In Support Of Apples Opposition To Samsungs Motion For Summary Judgment, #4 Exhibit A (Volume 1 of 5), #5 Exhibit A (Volume 2 of 5), #6 Exhibit A (Volume 3 of 5), #7 Exhibit A (Volume 4 of 5), #8 Exhibit A (Volume 5 of 5))(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 DR. ALAN
HEDGE IN SUPPORT OF APPLE’S
OPPOSITION TO SAMSUNG’S
MOTION FOR SUMMARY
JUDGMENT

Defendants.

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DECLARATION OF ALAN HEDGE IN SUPPORT OF APPLE’S OPPOSITION TO MSJ.
CASE NO. 11-CV-01846-LHK (PSG)
sf- 3150808

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I, Alan Hedge, do hereby declare as follows:

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1.

My name is Dr. Alan Hedge. I previously submitted an expert report in this matter

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on April 16, 2012. I am a Full Professor in the Department of Design and Environmental

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Analysis at Cornell University, where I have taught since 1987.

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2.

I have been asked by counsel for Apple to review materials and to provide

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teaching and opinions as to whether Apple’s asserted trade dresses are “functional,” among other

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things.

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3.

My research, teaching, and consulting work has mainly been focused on issues of

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design and workplace ergonomics as these affect the health, comfort, and productivity of workers.

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I have published 3 books, 35 book chapters, 55 refereed journal articles, 140 refereed conference

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proceedings, 40 other conference proceedings, 26 other articles, and 13 legislative reports on the

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above topics. A complete list of my qualifications and prior testifying experience are contained in

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Exhibits 1 and 2 to the Expert Rebuttal Report of Dr. Alan Hedge, dated April 16, 2012. A true

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and correct copy of my report is attached as Exhibit A to this declaration.

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4.

In addition to the Opening Expert Report of Dr. Mark Lehto, dated March 22,

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2012, I have also reviewed U.S. Patent Nos. D593,087, D618,677, D622,279, D627,790,

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D604,305, D617,334 and D504,899, Apple’s asserted trade dress and trademarks, and certain

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publicly available materials. A list of the documents I considered and relied upon is attached as

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Exhibit 3 to my report.

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5.

My opinions regarding Apple’s asserted trade dresses are accurately set forth in

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my expert report. These opinions also reference related material that appears in other sections of

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my report.

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DECLARATION OF ALAN HEDGE IN SUPPORT OF APPLE’S OPPOSITION TO MSJ
CASE NO. 11-CV-01846-LHK (PSG)
sf- 3150808

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I declare under penalty of perjury that the foregoing, including statements from my Expert

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Report, is true and correct to the best of my knowledge and that this Declaration was executed on

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May 30, 2012, at Cincinnati, Ohio.

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___________________________________
Alan Hedge

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DECLARATION OF ALAN HEDGE IN SUPPORT OF APPLE’S OPPOSITION TO MSJ
CASE NO. 11-CV-01846-LHK (PSG)

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