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

Filing 1043

Declaration of Nathan Sabri in Support of #1042 Opposition/Response to Motion, #1041 Administrative Motion to File Under Seal Apple Inc.'s Opposition to Samsung's Motion to Enforce April 12, 2012 Order filed byApple Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27)(Related document(s) #1042 , #1041 ) (Jacobs, Michael) (Filed on 6/5/2012)

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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]

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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.,

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Case No.
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,

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Defendants.
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SABRI DECL. ISO OPP. TO SAMSUNG’S MOTION FOR SANCTIONS

CASE NO. 11-CV-01846 LHK (PSG)
sf-3154330

11-cv-01846-LHK (PSG)

DECLARATION OF
NATHAN SABRI IN SUPPORT OF
APPLE’S OPPOSITIONS TO
SAMSUNG’S MOTION FOR
SANCTIONS AND MOTION TO
ENFORCE
Date:
Time:
Place:
Judge:

June 21, 2012
10:00 a.m.
Courtroom 5, 4th Floor
Hon. Paul S. Grewal

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I, NATHAN SABRI, declare as follows:

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I am an attorney with the law firm of Morrison & Foerster LLP, counsel for Apple

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Inc. (“Apple”). I am licensed to practice law in the State of California. 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. I make this declaration in support of Apple’s Opposition to Samsung’s Motion

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for Sanctions and Apple’s Opposition to Samsung’s Motion to Enforce.

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2.

Attached as Exhibit 1 is a true and correct excerpt of an October 21, 2011 letter

from Rachel Kassabian to Wesley Overson and Peter Kolovos.
3.

Attached as Exhibit 2 is a true and correct excerpt of a November 3, 2011 letter

from Marissa Ducca to Jason Bartlett.
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Attached as Exhibit 3 is a true and correct excerpt of a November 10, 2011 letter

from Wesley Overson to Rachel Kassabian.
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Attached as Exhibit 4 is a true and correct copy of a November 15, 2011 letter

from Marissa Ducca to Wesley Overson.
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Attached as Exhibit 5 is a true and correct excerpt of a November 20, 2011 letter

from Jason Bartlett to Rachel Kassabian.
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Attached as Exhibit 6 is a true and correct excerpt of a November 20, 2011 letter

from Rachel Kassabian to Mia Mazza.
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Attached as Exhibit 7 is a true and correct copy of a November 29, 2011 letter

from Jason Bartlett to Rachel Kassabian.
9.

Attached as Exhibit 8 is a true and correct excerpt of a December 3, 2011 letter

from Rachel Kassabian to Mia Mazza and S. Calvin Walden.
10.

Attached as Exhibit 9 is a true and correct copy of February 8, 2012 letter from

Diane Hutnyan to Jason Bartlett.
11.

Attached as Exhibit 10 is a true and correct copy of a February 23, 2012 letter

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from Diane Hutnyan to Jason Bartlett. The letter is incorrectly dated February 24, but was sent

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on February 23.

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SABRI DECL. ISO OPP. TO SAMSUNG’S MOTION FOR SANCTIONS

CASE NO. 11-CV-01846 LHK (PSG)
sf-3154330

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12.

Attached as Exhibit 11 is a true and correct copy of a February 29, 2012 letter

from Jason Bartlett to Diane Hutnyan.
13.

Attached as Exhibit 12 is a true and correct copy of a March 3, 2012 letter from

Diane Hutnyan to Jason Bartlett.
14.

Upon receiving Samsung’s March 3 letter, Apple searched for prior deposition

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transcripts that had not already been produced for Apple employees who are witnesses in the

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present matter, with the exception of individuals who testified in the present case that they have

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never been deposed before, from Samsung’s list of eight cases between Apple and third parties.

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With two exceptions, as discussed in prior filings (e.g., Dkt. No. 825-0, 825-1), the

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only transcripts Apple identified that had not already been produced were from depositions that

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occurred after January 15, 2012.

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Consistent with the correspondence in the exhibits discussed above, Apple did not

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understand Samsung’s request, motion, or the Court’s resulting Order to extend to testimony with

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no technological nexus or from individuals not witnesses in this case.

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By the time Samsung’s March 7, 2012 motion to compel and enforce was filed,

Apple had already produced 49 prior transcripts from Apple’s witnesses in this matter:


From Motorola Wisconsin, transcripts for Chris Blumenberg, Andre Boule,

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Imran Chaudhri, Steve Christensen, Nitin Ganatra, Scott Herz, Chip Lutton,

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Paul Marcos, Bas Ording, Richard Williamson, and Wayne Westerman;

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

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Steven Hotelling, and Brian Huppi;
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From the ITC 797 investigation involving HTC, transcripts for Scott Herz,

From the ITC 714 investigation involving Elan, transcripts for Ravin Balakrishnan,
Steven Hotelling, Eric Jue, and Wayne Westerman;

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From the ITC 750 investigation involving Motorola, transcripts for John Elias,

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Martin Grunthaner, Steven Hotelling, Brian Huppi, Eric Jue, Chris Krah, Chip Lutton,

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Josh Strickon, Chris Stringer, Boris Teksler, and Wayne Westerman;

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From the ITC 701 investigation involving Nokia, transcripts for Scott Herz,
Greg Joswiak, Ken Kocienda, Nima Parivar, and Steven Hotelling

SABRI DECL. ISO OPP. TO SAMSUNG’S MOTION FOR SANCTIONS

CASE NO. 11-CV-01846 LHK (PSG)
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From the ITC 710 investigation involving HTC, transcripts for Greg Joswiak and
Boris Teksler;

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From the ITC 721 investigation involving HTC, a transcript for Beth Kellermann

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From the ITC 745 investigation involving Motorola, a transcript for Chip Lutton

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From Mirror Worlds, transcripts for David Heller and Art Rangel;

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From Zap Media, iPod iTunes, and Ind. Network, transcripts for David Heller

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From Nokia Delaware, a transcript for Bas Ording

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From QRG, transcripts for Steven Hotelling and Wayne Westerman

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From Nano and Future Power, transcripts for Jonathan Ive

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From Motorola Illinois, a transcript for Stan Ng.

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18.

All of the above transcripts were produced well in advance of the April 9 hearing,

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at which Samsung’s counsel claimed it had received, for example, “three depositions” from the

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Motorola Wisconsin action. In particular, Boule, Ording, Blumenberg, Chaudhri, Ganatra,

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Lutton, and Herz transcripts from the Motorola Wisconsin action, which Samsung’s counsel

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claimed at the April 9 hearing had not been received, had all been produced on November 23,

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2011. Attached as Exhibit 13 are cover pages from the production versions of the transcripts

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listed in this paragraph, and the related production letter showing a date of November 23.

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19.

Attached as Exhibit 14 is a true and correct copy of an April 15, 2012 email from

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Mia Mazza to Diane Hutnyan and the April 13, 2012 email from Diane Hutnyan to Mia Mazza to

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which it replies.

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In addition to agreeing to deem produced all 796 investigation deposition

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transcripts, Apple produced all other transcripts implicated by the April 12 Order on a rolling

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basis, finishing on April 21, nearly a week before the Court’s April 27 deadline. Attached as

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Exhibit 15 is a true and correct copy of an April 22, 2012 letter from Mia Mazza to

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Diane Hutnyan.

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Attached as Exhibit 16 is an index prepared by my team of the transcripts

produced by Apple pursuant to the April 12 Order.

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SABRI DECL. ISO OPP. TO SAMSUNG’S MOTION FOR SANCTIONS

CASE NO. 11-CV-01846 LHK (PSG)
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Attached as Exhibit 17 is a true and correct copy of a May 9, 2012 email from

Diane Hutnyan to Mia Mazza.
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In addition to the Motorola Wisconsin transcripts discussed above, Apple

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produced one other Ording transcript on October 25, 2011; two other Herz transcripts on

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October 16 and 19, 2011. True and correct copies of the cover pages from these produced

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transcripts are attached as Exhibit 18.

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Attached as Exhibit 19 is a true and correct copy of the Complaint filed in the

Nokia ITC 701 Investigation.
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Attached as Exhibit 20 are true and correct copies of cover pages and court

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reporter signature pages for transcripts Apple produced pursuant to the April 12 Order for

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Westerman, Strickon, Platzer, Land, and Ording. Some irrelevant material on pages preceding

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the signature pages that is not an intended portion of the excerpt has been redacted to avoid an

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unnecessary motion to seal.

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26.

Attached as Exhibit 21 are a true and correct copy of the Complaint filed in the

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QRG v. Apple (D. Md. 1:05-cv-03408-WMN) case and U.S. Patent No. 5,730,165, asserted

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therein.

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27.

Attached as Exhibit 22 is a true and correct excerpt from the February 16, 2012

deposition of Richard Dinh.
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Attached as Exhibit 23 is a true and correct excerpt from the March 1, 2012

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deposition of Wei Chen. Some irrelevant material containing internal code names has been

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redacted to avoid unnecessary motions to seal.

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Attached as Exhibit 24 is a true and correct copy of a May 28, 2012 letter from

Diane Hutnyan to Mia Mazza.
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Attached as Exhibit 25 is a true and correct copy of an April 24, 2012 letter from

Mia Mazza to Diane Hutnyan.
31.

Attached as Exhibit 26 is a true and correct excerpt from an April 30, 2012 letter

from Mia Mazza to Diane Hutnyan.

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SABRI DECL. ISO OPP. TO SAMSUNG’S MOTION FOR SANCTIONS

CASE NO. 11-CV-01846 LHK (PSG)
sf-3154330

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Attached as Exhibit 27 is a true and correct copy of a May 4, 2012 email from

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Mia Mazza to Diane Hutnyan and the May 3, 2012 email from Brad Goldberg to Mia Mazza to

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which it replies.

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I declare under penalty of perjury that the foregoing is true and correct. Executed this 5th
day of June, 2012 at San Francisco, California.

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/s/ Nathan Sabri
Nathan Sabri

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SABRI DECL. ISO OPP. TO SAMSUNG’S MOTION FOR SANCTIONS

CASE NO. 11-CV-01846 LHK (PSG)
sf-3154330

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ATTESTATION OF E-FILED SIGNATURE
I, Michael A. Jacobs, am the ECF User whose ID and password are being used to file this

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Declaration. In compliance with General Order 45, X.B., I hereby attest that Nathan Sabri has

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concurred in this filing.

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Dated: June 5, 2012

/s/ Michael A. Jacobs
Michael A. Jacobs

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SABRI DECL. ISO OPP. TO SAMSUNG’S MOTION FOR SANCTIONS

CASE NO. 11-CV-01846 LHK (PSG)
sf-3154330

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