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

Filing 1067

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 Seal, #2 Declaration of Brian von Herzen in Support of Samsung's Reply in Support of Motion to Strike Expert Testimony Based on Undisclosed Facts and Theories, #3 Exhibit 1 to von Herzen Declaration, #4 Exhibit 2 to von Herzen Declaration, #5 Exhibit 3 to von Herzen Declaration, #6 Exhibit 4 to von Herzen Declaration, #7 Exhibit 5 to von Herzen Declaration, #8 Exhibit 6 to von Herzen Declaration)(Maroulis, Victoria) (Filed on 6/8/2012)

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



DECLARATION OF BRIAN VON
HERZEN, PH.D. 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.


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





Case No. 11-cv-01846-LHK
DECLARATION OF BRIAN VON HERZEN, PH.D. IN SUPPORT OF SAMSUNG’S
MOTION TO STRIKE EXPERT TESTIMONY

1

I, Brian Von Herzen, declare:

2

1.

I am the Chief Executive Officer of Rapid Prototypes, Inc., an electronics

3 consultancy specializing in the research, design and development of commercial electronic
4 products, and have been with the company since 1994. I have been asked to provide an expert
5 declaration on behalf of Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and
6 Samsung Telecommunications America, LLC (collectively, “Samsung”) in the above-captioned
7 case.
8

2.

I have previously submitted expert reports in the above-captioned case. I submit

9 this declaration in support of Samsung’s Motion to Strike Expert Testimony Based on Undisclosed
10 Facts and Theories. If asked at hearings or trial, I am prepared to testify regarding the matters I
11 discuss in this declaration.
12

3.

I reserve the right to supplement or amend this declaration based on any new

13 information that is relevant to my opinions.
14

4.

I am being compensated for my work in this matter at the rate of $575 per hour plus

15 expenses. My compensation is in no way tied to the outcome of this matter.
16 I.

MY PROFESSIONAL AND EDUCATIONAL BACKGROUND

17

5.

A detailed record of my education and professional qualifications is attached as

18 Exhibit 1 to this declaration and summarized below.
19

6.

I received a Bachelor’s degree from Princeton University in 1980 in Physics. I

20 received a Master of Science degree in 1984 and a Ph.D. in 1989 from the California Institute of
21 Technology (“Caltech”) in Very-large-scale integration (“VLSI”) and Computer Graphics.
22 During and after my graduate studies, part of my research required the design and development of
23 multiple custom integrated circuits. At Caltech, I was awarded a Hertz Foundation Fellowship
24 and a Hughes Foundation Fellowship.
25

7.

From 1992 to 1994, I worked for Synaptics, Inc. in the engineering of electronic

26 circuits for human interface devices such as the TouchPad, which was developed by Synaptics in
27 the 1990s. I have substantial industry experience in the design and manufacture of touch sensing
28 devices, including transparent touchscreens.
Case No. 11-cv-01846-LHK
-1DECLARATION OF BRIAN VON HERZEN, PH.D. IN SUPPORT OF SAMSUNG’S
MOTION TO STRIKE EXPERT TESTIMONY

1

8.

At Rapid Prototypes, Inc., I specialize in the research, design and development of

2 commercial electronic products. Over the past two decades, I have designed dozens of electronic
3 systems for several Fortune 500 companies, including human interface devices, signal processing
4 systems, and graphics and video processing systems.
5

9.

I am an inventor on approximately a dozen electronics patents and have

6 approximately a dozen additional patents pending.
7

10.

I am a member of the Institute of Electrical and Electronic Engineers (IEEE), and

8 am the author or co-author of published articles related to signal processing and computer
9 graphics. I have given numerous invited seminars at leading conferences and institutions around
10 the world on the topics of digital signal processing, electronic systems engineering, and hardware /
11 software co-design.
12 II.

THE APPLE ‘607 AND ‘129 PATENTS

13

11.

I have reviewed U.S. Patent Nos. 7,663,607 (“the ‘607 Patent”) and 7,920,129 (“the

14 ‘129 Patent”) in connection with my work in the above-captioned case.
15

12.

On March 22, 2012, I submitted my opening expert report on the invalidity of the

16 ‘607 Patent and the ‘129 Patent.
17

13.

On April 5, 2012, I submitted a corrected version of my opening expert report.

18

14.

On May 18, 2012, I submitted a supplemental opening report on the invalidity of

19 the ‘607 Patent and the ‘129 Patent.
20

15.

On April 16, 2012, I submitted my rebuttal expert report on Samsung’s non-

21 infringement of the ‘607 Patent and the ‘129 Patent.
22

16.

The ‘607 Patent, entitled “Multipoint Touchscreen,” was filed on May 6, 2004, and

23 issued on February 16, 2010. The patent has three named inventors: Steve Hotelling, Joshua A.
24 Strickon and Brian Q. Huppi. The ‘607 Patent is attached as Exhibit 2 to this declaration.
25

17.

The ‘607 Patent relates to a touch panel having a “transparent capacitive sensing

26 medium” configured to detect multiple touches or near touches that occur at the same time and at
27 distinct locations on the touch panel, and to produce distinct signals representative of those
28 touches. Generally, the sensing medium includes two layers of conductive traces arranged in a
Case No. 11-cv-01846-LHK
-2DECLARATION OF BRIAN VON HERZEN, PH.D. IN SUPPORT OF SAMSUNG’S
MOTION TO STRIKE EXPERT TESTIMONY

1 grid that are physically separated from each other by an insulator. Monitoring circuitry, which
2 may include a “virtual ground charge amplifier,” is coupled to the touch panel and used to detect
3 multiple touches or near touches that occur at the same time and at distinct locations on the
4 sensing medium. The monitoring circuitry measures the change in charge coupling between the
5 two sets of conductive lines. As such, the ‘607 Patent describes and claims a mutual capacitive
6 type of sensing technology for use in a capacitive touchscreen.
7

18.

The ‘129 Patent, entitled “Double-Sided Touch-Sensitive Panel with Shield and

8 Drive Combined Layer,” was filed on January 3, 2007, and issued on April 5, 2011. The ‘129
9 Patent has two named inventors: Steve Hotelling and Brian Land. The ‘129 Patent is attached as
10 Exhibit 3 to this declaration.
11

19.

The ‘129 Patent relates to capacitive touch sensor panels having row and column

12 traces separated by a substrate, much like the two sets of conductive lines described and claimed
13 in the ‘607 Patent. The row traces can be widened for shielding purposes and for providing a
14 uniform appearance. In some embodiments of the ‘129 Patent, “the row traces can be widened to
15 shield the column traces from a modulated Vcom layer.” (‘129 Patent at 2:59-60). The ‘129
16 Patent also describes and claims a mutual capacitive type of sensing technology for use in a
17 capacitive touchscreen.
18

20.

Both the ‘607 Patent and the ‘129 Patent relate to capacitive sensing used to detect

19 a touch or near touch on a sensing medium.
20

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Case No. 11-cv-01846-LHK
-3DECLARATION OF BRIAN VON HERZEN, PH.D. IN SUPPORT OF SAMSUNG’S
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Case No. 11-cv-01846-LHK
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I declare under penalty of perjury that the foregoing is true and correct. Executed in Santa

24 Clara County, California on June 7, 2012.
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Brian Von Herzon

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Case No. 11-cv-01846-LHK
-7DECLARATION OF BRIAN VON HERZEN, PH.D. IN SUPPORT OF SAMSUNG’S
MOTION TO STRIKE EXPERT TESTIMONY