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

Filing 1044

Administrative Motion to File Under Seal Samsung's Reply In Support of Motion For Clarification of May 4, 2012 Order filed by Samsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Attachments: #1 Samsung's Reply In Support of Motion For Clarification of May 4, 2012 Order, #2 Declaration of Dr. Jeffrey Johnson, #3 Exhibit 1 to Johnson Declaration, #4 Declaration of Mark Tung, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3)(Maroulis, Victoria) (Filed on 6/5/2012)

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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 (650) 801-5000  Telephone: 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  DECLARATION OF JEFFREY JOHNSON, PH.D., IN SUPPORT OF SAMSUNG'S REPLY IN SUPPORT OF SAMSUNG'S MOTION FOR CLARIFICATION 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,  Defendant.  Date: June 19, 2012 Time: 10:00 a.m. Place: Courtroom 5, 4th Floor Judge: Hon. Paul S. Grewal   FILED UNDER SEAL  02198.51855/4789156.1 J Case No. 11-cv-01846-LHK DECLARATION OF JEFFREY JOHNSON 1 I, Jeffrey Johnson, declare as follows:  1. I am currently the President and Principal Consultant at UI Wizards, Inc., where I  manage the company, perform product usability design, evaluation, testing, and training for  clients. I have more than 32 years of experience in the computer industry designing,  implementing, evaluating, and testing user interfaces, including touch-screen based user interfaces.  2. I earned a B.A. in psychology from Yale University and a Ph.D. in psychology  with additional studies in computer science from Stanford University.  3. Attached as Exhibit 1 is my Curriculum Vitae which summarizes my background,  credentials, and includes a list of my publications.  4. I submit this declaration in support of Samsung's Reply ISO Samsung's Motion for  Clarification Regarding the Court's May 4, 2012 Order. I have personal knowledge of the facts set  forth in this declaration and, if called upon as a witness, I could and would testify to such facts  under oath.  5. As I explained in my expert report titled “EXPERT REPORT OF JEFFREY  JOHNSON, PH.D. REGARDING NON-INFRINGEMENT OF U.S. PATENT NO. 7,469,381”  dated April 16, 2012, I have examined the “blue glow” feature on various Samsung devices and  my opinion is that the blue glow feature does not infringe the ’381 Patent.  6. In a device/application with blue glow, when a user attempts to scroll a document  past the edge, the user encounters a hard stop, i.e. the document stops when it reaches the edge and  does not scroll past the edge. In addition, a visual indication, typically but not always a blue (but  the color is immaterial) glow is overlaid near the edge. Because no area beyond the edge is  displayed in an application with blue glow, the application does not infringe the claims of the ’381  Patent. Furthermore, because the document never translates in a second direction (i.e. “bounces”),  this is a second reason why blue glow feature does not infringe the claims of the ’381 Patent.  7. I have been asked by counsel for Samsung Electronics Co., Ltd.; Samsung  Electronics America, Inc.; and Samsung Telecommunications America, LLC (collectively  "Samsung") to conduct a detailed review of its December 30, 2011 production of source code. I  also compared this source code to the generic version of blue glow source code produced on 02198.51855/4789156.1 -1- Case No. 11-cv-01846-LHK DECLARATION OF JEFFREY JOHNSON 1 January 23, 2012 – which I understand is not tied to a particular product, but consists of the base 2 version which was implemented into the accused products. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 13. I also compared the above mentioned source code with the blue glow functionality 24 to the generic version of blue glow source code produced on January 23, 2012 – which I 25 understand is not tied to a particular product, but consists of the base version which was 26 implemented into the accused products. As a result of this review, I confirmed that the blue glow 27 source code is present in the versions of source code produced on December 30, 2011 for at least 28 the Galaxy S II, Exhibit 4G, Epic 4G, and Galaxy Tab 10.1. 02198.51855/4789156.1 -2- Case No. 11-cv-01846-LHK DECLARATION OF JEFFREY JOHNSON 1 14. The blue glow source code present on these four devices is substantially identical to 2 the generic version of source code produced by Samsung on January 23, 2012. 3 15. The blue glow function is implemented by relatively a few lines of code which is 4 uncomplicated and straightforward. Someone who is experienced in reviewing source code would 5 not need to invest significant time and effort to understand the blue glow source code that exists in 6 the four products identified above. 7 8 I declare under penalty of perjury under the laws of the United States that the foregoing is 9 true and correct. Executed on the 4th of June 2012, in Las Vegas, Nevada. 10 11 12 ______ 13 _________ Jeffrey Johnson 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 02198.51855/4789156.1 -3- Case No. 11-cv-01846-LHK DECLARATION OF JEFFREY JOHNSON

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