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

Filing 1068

Declaration of Bill Trac in Support of #1063 Administrative Motion to File Under Seal Samsung's Reply in Support of Samsung's Motion for Summary Judgment filed bySamsung Electronics Co. Ltd.. (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, #28 Exhibit 28)(Related document(s) #1063 ) (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,
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.




CASE NO. 11-cv-01846-LHK
DECLARATION OF BILL TRAC IN
SUPPORT OF SAMSUNG'S REPLY IN
SUPPORT OF MOTION FOR SUMMARY
JUDGMENT
Date: June 21, 2011
Time: 1:30 pm
Place: Courtroom 8, 4th Floor
Judge: Hon. Lucy H. Koh

SUBMITTED UNDER SEAL
CONTAINS CONFIDENTIAL
INFORMATION


Case No. 11-cv-01846-LHK
DECLARATION OF BILL TRAC IN SUPPORT OF SAMSUNG'S REPLY IN SUPPORT OF MOTION FOR
SUMMARY JUDGMENT

1

I, Bill Trac, declare:

2

1.

I am an attorney in the law firm of Quinn Emanuel Urquhart & Sullivan, LLP,

3 counsel for Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung
4 Telecommunications America, LLC (collectively “Samsung”). I make this declaration in
5 connection with Samsung’s Notice of Lodging, filed herewith. I have personal knowledge of the
6 facts set forth in this declaration except where noted and, if called upon as a witness, I could and
7 would testify to such facts under oath.
8

2.

Attached as Exhibit 1 is a true and correct copy of excerpts from Samsung

9 Electronic Co.'s Eighth Set of Supplemental Responses to Apple Inc.'s First Set of Interrogatories
10 (Nos. 33-38), ITC Investigation No. 337-TA-796, as served to Apple on February 15, 2012.
11

3.

Attached as Exhibit 2 is a true and correct copy of excerpts from Samsung's

12 Supplemental Objections and Responses to Apple Inc.'s Fifth Set of Interrogatories (11-12), as
13 served to Apple on March 19, 2012.
14

4.

Attached as Exhibit 3 is a true and correct copy of design patent D504,889, a prior

15 art reference that was produced to Apple in advance of the discovery deadline on September 11,
16 2011, bearing the bates numbers SAMNDCA00023867-871.
17

5.

Attached as Exhibit 4 is a true and correct copy of design patent JPD1204221, a

18 prior art reference that was produced to Apple in advance of the discovery deadline on January 12,
19 2012, bearing the bates numbers SAMNDCA00255084-097.
20

6.

Attached as Exhibit 5 is a true and correct copy of the iRiver U10, a prior art

21 reference that was produced to Apple in advance of the discovery deadline on February 13, 2012,
22 bearing the bates numbers SAMNDCA00326325-328.
23

7.

Attached as Exhibit 6 is a true and correct copy of the Bluebird Pidion, a prior art

24 reference that was produced to Apple in advance of the discovery deadline on February 13, 2012,
25 bearing the bates numbers SAMNDCA00326344-346.
26

8.

Attached as Exhibit 7 is a true and correct copy of the Nokia fingerprint, a prior art

27 reference that was produced to Apple in advance of the discovery deadline on February 13, 2012,
28 bearing the bates numbers SAMNDCA00326336-337.
-1-

Case No. 11-cv-01846-LHK
DECLARATION OF BILL TRAC IN SUPPORT OF SAMSUNG'S REPLY IN SUPPORT OF MOTION FOR
SUMMARY JUDGMENT

1

9.

Jonathan Ive was deposed on December 1, 2011. Attached as Exhibit 8 is a true

2 and correct copy of excerpts from Mr. Ive's December 1, 2011 deposition transcript.
3

10.

Alan Hedge was deposed on April 30, 2012. Attached as Exhibit 9 is a true and

4 correct copy of excerpts from Mr. Hedge's April 30, 2012 deposition testimony on that date.
5

11.

Russell Winer was deposed on April 27, 2012. Attached as Exhibit 10 is a true and

6 correct copy of excerpts from Mr. Winer's April 27, 2012 deposition testimony on that date.
7

12.

Attached as Exhibit 11 is a true and correct copy of D500,037, as produced to

8 Apple on September 11, 2011 and bearing the bates number SAMNDCA00027716-722.
9

13.

Attached as Exhibit 12 is a true and correct copy of excerpts from Apple Inc. v.

10 Samsung Electronics Co. Ltd., 2012-1105 (Fed. Cir.) Brief of Defendants-Appellees.
11

14.

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

12 Samsung bearing the bates number SAMNDCA00404147.
13

15.

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. Attached as

26 Exhibit 14 is a true and correct copy of the November 1, 2011 Letter from Michael T. Zeller,
27 Quinn Emanuel, to Jason Bartlett, Morrison & Foerster.
28
Case No. 11-cv-01846-LHK
-2DECLARATION OF BILL TRAC IN SUPPORT OF SAMSUNG'S REPLY IN SUPPORT OF MOTION FOR
SUMMARY JUDGMENT

1

17.

After repeated follow-up requests, Apple still did not make available the requested

2 materials. Apple refused to provide an estimate of when these materials might be produced, and
3 explained that it was not expediting production because Apple regarded these items as
4 "peripheral." Attached as Exhibit 15 is a true and correct copy of the December 3, 2011 Letter
5 from Rachel Herrick Kassabian, Quinn Emanuel, to Mia Mazza, Morrison & Foerster.
6

18.

Attached as Exhibit 16 is a true and correct copy of the December 10, 2011 Letter

7 from Diane C. Hutnyan, Quinn Emanuel, to Mia Mazza, Morrison & Foerster. (Dkt. No. 483 at 2,
8 Hutnyan Decl. ¶ 21.).
9

19.

On December 16, 2011, Samsung filed a Motion to Compel in which Samsung

10 explained that
11

. (Dkt. No. 483 at 18-

12 19.) On December 22, 2011 the Court ordered Apple to produce all documents and things related
13 to

by no later than January 15, 2012. (Dkt. No. 536.) Yet Apple never produced

14 any such materials.
15

20.

Following the Court's December 22, 2011 Order, Apple claimed that it could not

16 locate any responsive documents based on the search terms
17

. Samsung provided Apple with additional search terms, and Apple still failed to

18 produce a single responsive document or thing. Attached as Exhibit 17 is a true and correct copy
19 of the December 30, 2011 Letter from Diane C. Hutnyan, Quinn Emanuel to Mia Mazza, Morrison
20 & Foerster.
21

21.

Robert Brunner was deposed on March 5, 2012. Attached as Exhibit 18 is a true

22 and correct copy of excerpts from Mr. Brunner's March 5, 2012 deposition testimony on that date.
23

22.

Attached as Exhibit 19 is a true and correct copy of a document produced to

24 Samsung bearing the bates number APLNDC-Y0000309166 – Y0000309175.
25

23.

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

26 Samsung bearing the bates number APLNDC-Y0000310131 – Y0000310140.
27

24.

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

28 Samsung bearing the bates number APLNDC-Y0000311030.
-3-

Case No. 11-cv-01846-LHK
DECLARATION OF BILL TRAC IN SUPPORT OF SAMSUNG'S REPLY IN SUPPORT OF MOTION FOR
SUMMARY JUDGMENT

1

25.

Attached as Exhibit 22 is a true and correct copy of excerpts from Samsung's

2 Second Supplemental Objections and Reponses to Apple Inc.'s Fifth Set of Interrogatories (No.
3 12), as served to Apple on March 29, 2012.
4

26.

Attached as Exhibit 23 is a true and correct copy of excerpts from the Rebuttal

5 Expert Report of Susan Kare, as served by Apple on April 16, 2012, excluding exhibits.
6

27.

Stephen Gray was deposed on May 4, 2012. Attached as Exhibit 24 is a true and

7 correct copy of excerpts from Mr. Gray's deposition testimony on that date.
8

28.

Attached as Exhibit 25 is a true and correct copy of a screenshot

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11

.

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29.

Ravin Balakrishnan was deposed on August 16, 2011. Attached as Exhibit 26 is a

14 true and correct copy of deposition excerpts from Dr. Balakrishnan's August 16, 2011 deposition
15 and a document marked as Exhibit 104 in that deposition.
16
17
18
19
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(152:6 – 154:19).
30.

Attached as Exhibit 27 is a true and correct copy of excerpts from the transcript

21 from the Prehearing and Tutorial before the International Trade Commission in In the Matter of
22 Certain Mobile Devices and Related Software, 337-TA-750, on September 23, 2011.
23

31.

Janusz Ordover was deposed on April 27, 2012. Attached as Exhibit 28 is a true

24 and correct copy of excerpts from Mr. Ordover’s deposition testimony on that date.
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Case No. 11-cv-01846-LHK
-4DECLARATION OF BILL TRAC IN SUPPORT OF SAMSUNG'S REPLY IN SUPPORT OF MOTION FOR
SUMMARY JUDGMENT

1

I declare under penalty of perjury that the foregoing is true and correct. Executed in

2 Redwood Shores, California on June 7, 2012.
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5

By

/s/ Bill Trac

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Case No. 11-cv-01846-LHK
-5DECLARATION OF BILL TRAC IN SUPPORT OF SAMSUNG'S REPLY IN SUPPORT OF MOTION FOR
SUMMARY JUDGMENT

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GENERAL ORDER ATTESTATION
I, Victoria Maroulis, am the ECF user whose ID and password are being used to file the

3 foregoing document. I hereby attest pursuant to General Order 45.X.B. that concurrence in the
4 electronic filing of this document has been obtained from Brett Arnold.
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/s/ Victoria Maroulis

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Case No. 11-cv-01846-LHK
-6DECLARATION OF BILL TRAC IN SUPPORT OF SAMSUNG'S REPLY IN SUPPORT OF MOTION FOR
SUMMARY JUDGMENT