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

Filing 1055

Declaration of Yakov Zolotorev in Support of #1054 Reply to Opposition/Response re Apple's Motion to Strike Portions of Samsung's Expert Reports filed byApple Inc.. (Related document(s) #1054 ) (Jacobs, Michael) (Filed on 6/7/2012)

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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]

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,

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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,

Case No. 11-cv-01846-LHK
DECLARATION OF YAKOV
ZOLOTOREV IN SUPPORT OF REPLY
IN SUPPORT OF APPLE’S MOTION TO
STRIKE PORTIONS OF SAMSUNG’S
EXPERT REPORTS
Date:
Time:
Place:
Judge:

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

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Defendants.
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ZOLOTOREV DECL. ISO REPLY ISO APPLE’S MOTION TO STRIKE PORTIONS OF SAMSUNG’S EXPERT REPORTS
CASE NO. 11-CV-01846-LHK
sf-3155985

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I, Yakov Zolotorev, declare as follows:

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1.

I am an attorney at the law firm of Feinberg Day Alberti & Thompson LLP, counsel

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for Apple Inc. (“Apple”) in the ITC investigation titled In the Matter of Certain Portable

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Electronic Devices and Related Software, No. 337-TA-797. I am licensed to practice law in the

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State of California. Unless otherwise indicated, I have personal knowledge of the matters stated

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herein.

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2.

I make this Declaration in support of Apple’s Reply in Support of Apple’s Motion

to Strike Portions of Samsung’s Expert Reports.
3.

In the aforementioned ITC investigation, Apple is the Complainant, and HTC

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Corp. and HTC America, Inc. (collectively, “HTC”) are the Respondents. The law firm of Quinn

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Emanuel Urquhart & Sullivan, LLP represents HTC.

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4.

On December 2, 2011, HTC served invalidity contentions against U.S. Patent

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No. 7,844,915 (the “’915 patent”) as part of its responses to interrogatories. These invalidity

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contentions included 17 exhibits. Among those 17 exhibits were separate claim charts for a

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number of applications for the DiamondTouch system, including: (a) DTLens; (b) Mandelbrot;

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and (c) DTMouse. Those three claim charts, which total approximately 114 pages, included stills

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from videos, images, source code, and text purportedly identifying the features of these

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applications that allegedly satisfied the ’915 patent’s claim limitations.

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5.

The aforementioned claim chart exhibits were each designated and marked by

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HTC as Confidential Business Information – Subject to Protective Order, and therefore could not

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be shared with anyone who had not undertaken the protective order for the 337-TA-797 ITC

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investigation, the terms of which I have reviewed and am familiar with. Accordingly, none of the

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claim chart exhibits were provided to Apple or to Apple’s counsel in the Northern District of

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California action styled Apple v. Samsung, 11-cv-1846.

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ZOLOTOREV DECL. ISO REPLY ISO APPLE’S MOTION TO STRIKE PORTIONS OF SAMSUNG’S EXPERT REPORTS
CASE NO. 11-CV-01846-LHK
sf-3155985

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I declare under penalty of perjury under the laws of the United States that the foregoing is
true and correct. Executed on June 7, 2012, at Palo Alto, California.

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/s/ Yakov Zolotorev
Yakov Zolotorev

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ZOLOTOREV DECL. ISO REPLY ISO APPLE’S MOTION TO STRIKE PORTIONS OF SAMSUNG’S EXPERT REPORTS
CASE NO. 11-CV-01846-LHK
sf-3155985

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ATTESTATION OF E-FILED SIGNATURE

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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 Yakov Zolotorev has

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concurred in this filing.

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Dated: June 7, 2012

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By:

/s/ Michael A. Jacobs
Michael A. Jacobs

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ZOLOTOREV DECL. ISO REPLY ISO APPLE’S MOTION TO STRIKE PORTIONS OF SAMSUNG’S EXPERT REPORTS
CASE NO. 11-CV-01846-LHK
sf-3155985

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