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

Filing 1060

*** Declaration of Trevor Darrell in Support of Samsung's Reply and Exhibit D and E to Darrell Declaration FILED IN ERROR WITH CONFIDENTIAL INFORMATION. DOCUMENT LOCKED. *** Administrative Motion to File Under Seal 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 Proposed Order Granting Motion to File Documents Under Seal, #2 Samsung's Reply in Support of Motion to Strike Expert Testimony Based on Undislcosed Facts and Theories, #3 Declaration of Christopher E. Price in Support of Samsung's Reply, #4 Exhibit 1 to Price Declaration, #5 Exhibit 2 to Price Declaration, #6 Exhibit 3 to Price Declaration, #7 Exhibit 4 to Price Declaration, #8 Exhibit 5 to Price Declaration, #9 Exhibit 6 to Price Declaration, #10 Exhibit 7 to Price Declaration, #11 Exhibit 8 to Price Declaration, #12 Exhibit 9 to Price Declaration, #13 Exhibit 10 to Price Declaration, #14 Exhibit 11 to Price Declaration, #15 Exhibit 12 to Price Declaration, #16 Exhibit 13 to Price Declaration, #17 Exhibit 14 to Price Declaration, #18 Exhibit 15 to Price Declaration, #19 Exhibit 16 to Price Declaration, #20 Exhibit 17 to Price Declaration, #21 Exhibit 18 to Price Declaration, #22 Exhibit 19 to Price Declaration, #23 Exhibit 20 to Price Declaration, #24 Exhibit 21 to Price Declaration, #25 Exhibit 22 to Price Declaration, #26 Exhibit 23 to Price Declaration, #27 Exhibit 24 to Price Declaration, #28 Exhibit 25 to Price Declaration, #29 Exhibit 26 to Price Declaration, #30 Exhibit 27 to Price Declaration, #31 Exhibit 28 to Price Declaration, #32 Exhibit 29 to Price Declaration, #33 Exhibit 30 to Price Declaration, #34 Exhibit 31 to Price Declaration, #35 Declaration of Michael J. Wagner in Support of Samsung's Reply, #36 Exhibit A to Wagner Declaration, #37 Exhibit B to Wagner Declaration, #38 Exhibit C to Wagner Declaration, #39 Declaration of Trevor Darrell in Support of Samsung's Reply, #40 Exhibit A to Darrell Declaration, #41 Exhibit B to Darrell Declaration, #42 Exhibit C to Darrell Declaration, #43 Exhibit D to Darrell Declaration, #44 Exhibit E to Darrell Declaration)(Maroulis, Victoria) (Filed on 6/7/2012) Modified on 6/8/2012 (fff, COURT STAFF).

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Bar No. 170151)
 [e-mail]
50 California Street, 22nd Floor
 San Francisco, California 94111
Telephone: [phone]
 Facsimile: [phone]
 Kevin P.B. Johnson (Bar No. 177129)
[e-mail]
 Victoria F. Maroulis (Bar No. 202603)
[e-mail]
th
 555 Twin Dolphin Drive, 5 Floor
Redwood Shores, California 94065-2139
 Telephone: [phone]
Facsimile: [phone]

 Michael T. Zeller (Bar No. 196417)
[e-mail]
 865 S. Figueroa St., 10th Floor
Los Angeles, California 90017
 Telephone: [phone]
Facsimile: [phone]

 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)



DECLARATION OF CHRISTOPHER E.
PRICE IN SUPPORT OF SAMSUNG’S
REPLY IN SUPPORT OF 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.


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


02198.51855/4795231.3

PRICE DECLARATION IN SUPPORT OF SAMSUNG’S REPLY IN SUPPORT OF MOTION TO STRIKE

1

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 declaration in
 support of Samsung’s Reply in Support of Motion to Strike Expert Testimony Based on
 Undisclosed Facts and Theories. I have personal knowledge of the facts set forth in this
 declaration, except as otherwise noted, and, if called upon as a witness, I could and would testify
 to such facts under oath.


2.

On June 6, 2012, after Samsung filed its Motion to Strike, Apple produced five

 additional patent license agreements. The five patent license agreements are:


(a)

Document Bates numbered APLNDC-WN0000728306 - APLNDC-

 WH0000728310, a true and correct copy of which is attached as Exhibit 1;


(b)

Document Bates numbered APLNDC-WN0000728311 - APLNDC-

 WH0000728322, a true and correct copy of which is attached as Exhibit 2;


(c)

Document Bates numbered APLNDC-WN0000728323 - APLNDC-

 WH0000728332, a true and correct copy of which is attached as Exhibit 3;


(d)

Document Bates numbered APLNDC-WN0000728333 - APLNDC-

 WH0000728353, a true and correct copy of which is attached as Exhibit 4; and


(e)

Document Bates numbered APLNDC-WN0000728354 - APLNDC-

 WH0000728370, a true and correct copy of which is attached as Exhibit 5.


3.

Attached as Exhibit 6 is a true and correct copy of a document Apple produced in

 this matter, Bates numbered APLNDC-WH0000728173 - APLNDC-WH0000728184.


4.

Attached as Exhibit 7 is a true and correct copy of United States Patent Number

 5,379,057.


5.

Attached as Exhibit 8 is a true and correct copy of United States Patent Number

 5,675,362.

02198.51855/4795231.3

PRICE DECLARATION IN SUPPORT OF SAMSUNG’S REPLY IN SUPPORT OF MOTION TO STRIKE

1

6.

Attached as Exhibit 9 is a true and correct copy of United States Patent Number

2 7,663,607 B2.
3

7.

Attached as Exhibit 10 is a true and correct copy of United States Patent Number

4 7,920,129 B2.
5

8.

Attached as Exhibit 11 is a true and correct copy of United States Patent Number

6 7,812,828.
7

9.

Attached as Exhibit 12 is a true and correct copy of a document Apple produced

8 in this matter, Bates numbered APLNDC00021820 - APLNDC00021821 and dated February 22,
9 2007, that is the relevant portion of the file history for United States Patent Number 7,812,828,
10 entitled "Information Disclosure Statement by Applicant."
11

10.

Attached as Exhibit 13 is a true and correct copy of a document Apple produced

12 in this matter on April 4, 2012, Bates numbered APLNDC-WH0000723595 - APLNDC13 WH0000723611.
14

11.

Attached as Exhibit 14 is a true and correct copy of United States Patent Number

15 5,730,165.
16

12.

Attached as Exhibit 15 is a true and correct copy of a document Apple produced

17 in this matter, Bates numbered APLNDC00025959 - APLNDC00025976 and dated November
18 10, 2006, that is the relevant portion of the file history for United States Patent Number
19 7,663,607 B2, entitled "Information Disclosure Statement."
20

13.

Attached as Exhibit 16 is a true and correct copy of United States Patent Number

21 6,456,841 B1.
22

14.

Attached as Exhibit 17 is a true and correct copy of United States Patent Number

23 6,208,879 B1.
24

15.

Attached as Exhibit 18 is a true and correct copy of United States Patent Number

25 7,853,891 B2.
26

16.

Attached as Exhibit 19 is a true and correct copy of United States Patent Number

27 6,493,002 B1.
28
02198.51855/4795231.3

-2PRICE DECLARATION IN SUPPORT OF SAMSUNG’S REPLY IN SUPPORT OF MOTION TO STRIKE

1

17.

Attached as Exhibit 20 is a true and correct copy of a document Apple produced

2 in this matter, Bates numbered APLNDC-Y0000055416, which is Exhibit 15 to the deposition
3 of Mark Buckley, taken on February 23, 2012.
4

18.

Attached as Exhibit 21 is a true and correct copy of a document Apple produced

5 in this matter, Bates numbered APLNDC-Y0000055417, which is Exhibit 16 to the deposition
6 of Mark Buckley, taken on February 23, 2012.
7

19.

Attached as Exhibit 22 is a true and correct copy of Samsung's Sixth Set of

8 Requests for Production to Apple, Inc., dated February 7, 2012.
9

20.

Attached as Exhibit 23 is a true and correct copy of the relevant portions of Apple

10 Inc.'s Objections and Responses to Samsung's Sixth and Seventh Sets of Requests for
11 Production, dated March 10, 2012.
12

21.

Attached as Exhibit 24 is a true and correct copy of an article entitled, “Apple

13 Made A Deal With The Devil (No, Worse: A Patent Troll),” originally accessed May 12, 2012,
14 and printed on June 7, 2012, from the internet address, http://techcrunch.com/2011/12/ 09/apple15 made-a-deal-with-the-devil-no-worse-a-patent-troll/.
16

22.

Attached as Exhibit 25 is a true and correct copy of an article entitled, “Apple

17 partners with patent troll Digitude Innovations — and wow, what a deal,” originally accessed on
18 May 10, 2012, and printed on June 7, 2012, from the internet address,
19 http://venturebeat.com/2011/12/10/apples-patents-digitude-innovations/.
20

23.

Attached as Exhibit 26 is a true and correct copy of a Patent Assignment Abstract

21 of Title for United States Patent Number 6,208,879. I obtained this document from the USPTO's
22 website (www.uspto.gov) on June 7, 2012.
23

24.

Attached as Exhibit 27 is a true and correct copy of a Patent Assignment Abstract

24 of Title for United States Patent Number 6,456,841. I obtained this document from the USPTO's
25 website (www.uspto.gov) on June 7, 2012.
26

25.

Attached as Exhibit 28 is a true and correct copy of an Assignment of Assignor's

27 Interests for Attorney Dkt #: 138347.00001, recorded on November 29, 2011. I obtained this
28 document from the USPTO's website (www.uspto.gov) on June 7, 2012.
02198.51855/4795231.3

-3PRICE DECLARATION IN SUPPORT OF SAMSUNG’S REPLY IN SUPPORT OF MOTION TO STRIKE

1

26.

In my Declaration of Christopher E. Price in Support of Samsung's Motion to

2 Strike (Dkt. No. 936), I attached the "Made for iPod" licenses upon which Mr. Musika relies, as
3 Exhibits FF and GG. Apple produced these documents on March 8, 2012.
4

27.

Attached as Exhibit 29 is a true and correct copy of the relevant portions of the

5 transcript of the April 20, 2012 deposition of Sanjay Sood.
6

28.

Attached as Exhibit 30 is a true and correct copy of the relevant portions of the

7 transcript of the April 19, 2012 deposition of Michel Maharbiz.
8

29.

Attached as Exhibit 31 is a true and correct copy of a June 4, 2012 email sent by

9 my colleague Ketan Patel to Apple’s counsel regarding certain devices identified during the
10 Balakrishnan deposition. Apple has not provided a written response to this email.
11

I declare under penalty of perjury under the laws of the United States of America that the

12 foregoing is true and correct.
13

Executed on June 7, 2012, at Los Angeles, California.

14
15
16
17

Christopher E. Price

18
19
20
21
22
23
24
25
26
27
28
02198.51855/4795231.3

-4PRICE DECLARATION IN SUPPORT OF SAMSUNG’S REPLY IN SUPPORT OF MOTION TO STRIKE