Apple Inc. v. Samsung Electronics Co. Ltd. et al
Filing
1038
Declaration of Erica Tierney in Support of #984 Administrative Motion to File Under Seal , #994 Administrative Motion to File Under Seal Second Supplemental Price Declaration in Support of (Dkt No. 934) Samsung's Motion to Strike, #990 Administrative Motion to File Under Seal Corrected Supplemental Price Declaration filed byApple Inc.(a California corporation). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order)(Related document(s) #984 , #994 , #990 ) (Selwyn, Mark) (Filed on 6/5/2012)
Exhibit 1
1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Bar No. 170151)
charlesverhoeven@quinnemanuel.com
50 California Street, 22nd Floor
San Francisco, California 94111
Telephone: (415) 875-6600
Facsimile: (415) 875-6700
Kevin P.B. Johnson (Bar No. 177129)
kevinjohnson@quinnemanuel.com
Victoria F. Maroulis (Bar No. 202603)
victoriamaroulis@quinnemanuel.com
th
555 Twin Dolphin Drive, 5 Floor
Redwood Shores, California 94065-2139
Telephone: (650) 801-5000
Facsimile: (650) 801-5100
Michael T. Zeller (Bar No. 196417)
michaelzeller@quinnemanuel.com
865 S. Figueroa St., 10th Floor
Los Angeles, California 90017
Telephone: (213) 443-3000
Facsimile: (213) 443-3100
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,
CASE NO. 11-cv-01846-LHK (PSG)
SECOND SUPPLEMENTAL
DECLARATION OF CHRISTOPHER E.
PRICE IN SUPPORT OF SAMSUNG’S
MOTION TO STRIKE EXPERT
TESTIMONY BASED ON UNDISCLOSED
FACTS AND THEORIES
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.
02198.51855/4785240 1
Date: June 26, 2012
Time: 10:00 a.m.
Place: Courtroom 5, 4th Floor
Judge: Hon. Paul S. Grewal
UNDER SEAL
Case No. 11-cv-01846-LHK (PSG)
SECOND SUPPLEMENTAL PRICE DECLARATION IN SUPPORT OF SAMSUNG’S MOTION TO STRIKE
1
SECOND SUPPLEMENTAL DECLARATION OF CHRISTOPHER E. PRICE
I, Christopher E. Price, declare as follows:
1.
I am Of Counsel 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 second
supplemental declaration in support of Samsung’s Motion to Strike Expert Testimony Based on
Undisclosed Facts and Theories. I have personal knowledge of the facts set forth in this
supplemental declaration, except as otherwise noted, and, if called upon as a witness, I could and
would testify to such facts under oath.
2.
On May 30, 2012, 13 days after Samsung filed its Motion to Strike – which seeks
in part to strike portions of the reports of Apple's damages expert due to Apple's deficient,
incomplete, belated, and contradictory production of licensing information – Apple produced for
the first time four more patent license agreements. A true and correct copy of Peter J. Kolovos's
May 31, 2012 letter to Diane C. Hutnyan regarding the production is attached as Exhibit A. The
four patent license agreements are:
(a)
Document Bates numbered APLNDC-WH0000728153-8172, a true and correct
copy of which is attached as Exhibit B.
See Exs. U, V, and W to the Declaration of
Christopher E. Price in Support of Samsung's Motion to Strike, Dkt. No. 936.)
(b)
Document Bates numbered APLNDC-WH0000728173-8184, a true and correct
copy of which is attached as Exhibit C.
Exhibit M to the Declaration of Christopher E. Price in Support of Samsung's
Motion to Strike, Dkt. No 936);
02198.51855/4785240 1
Case No. 11-cv-01846-LHK (PSG)
-1SECOND SUPPLEMENTAL PRICE DECLARATION IN SUPPORT OF SAMSUNG’S MOTION TO STRIKE
1
(c)
Document Bates numbered APLNDC-WH0000728185-8192, a true and correct
2 copy of which is attached as Exhibit D; and
3
(d)
Document Bates numbered APLNDC-WH0000728193-8218, a true and correct
4 copy of which is attached as Exhibit E.
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3.
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4.
Apple's Rule 30(b)(6) witness on certain licensing issues was deposed on
12 February 23, 2012. Fact discovery in this case closed on March 8, 2012. Samsung served its
13 opening and rebuttal damages reports on March 22 and April 16, 2012, respectively. Obviously,
14 these newly produced license agreements – as well as the other agreements discussed in my
15 original declaration – were not available to Samsung or its experts to formulate Samsung's
16 damages theories or respond to Apple's.
17
18
I declare under penalty of perjury under the laws of the United States of America that the
19 foregoing is true and correct.
20
Executed on May 31, 2012, at Los Angeles, California.
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25
Christopher E. Price
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02198.51855/4785240 1
Case No. 11-cv-01846-LHK (PSG)
-2SECOND SUPPLEMENTAL PRICE DECLARATION IN SUPPORT OF SAMSUNG’S MOTION TO STRIKE
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