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

Filing 1074

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 Trevor Darrell in Support of Samsung's Motion to Strike Expert Testimony Based on Undisclosed Facts and Theories, #3 Exhibit A to Darrell Declaration, #4 Exhibit B to Darrell Declaration, #5 Exhibit C to Darrell Declaration, #6 Exhibit D to Darrell Declaration, #7 Exhibit E to Darrell 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]
 555 Twin Dolphin Drive 5th 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 TREVOR
DARRELL, 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:
Time:
Place:
Judge:

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

PUBLIC REDACTED VERSION



Case No. 11-cv-01846-LHK
DECLARATION OF TREVOR DARRELL, PH.D. IN SUPPORT OF SAMSUNG’S MOTION TO STRIKE

1

I, Trevor Darrell, declare:

2

1.

I have been retained by counsel for defendants Samsung Electronics Co., Ltd.,

3 Samsung Electronics America, Inc., and Samsung Telecommunications America, LLC
4 (collectively, “Samsung”). I have been retained to give expert opinions related to technical
5 matters at issue in the case named, Apple, Inc. v. Samsung Elecs. Co., Ltd., et al., Case No. 11-cv6 01846-LHK in the Northern District of California. I am being compensated at my standard rate
7 of $400 per hour for my work in this litigation. My compensation does not depend on the
8 outcome of the case. I submit this declaration in support of Samsung’s Motion to Strike. If
9 asked at hearings or trial, I am prepared to testify regarding the matters I discuss in this declaration.
10

2.

I have previously submitted two expert reports in this case. On March 22, 2012, I

11 submitted the Expert Report of Trevor Darrell, Ph.D. Regarding the Invalidity of U.S. Patent Nos.
12 6,493,002 and 7,853,891. On April 16, 2012, I submitted the Rebuttal Expert Report of Trevor
13 Darrell, Ph.D. Regarding Noninfringement of U.S. Patent Nos. 6,493,002 and 7,853,891.
14

3.

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

15 information that is relevant to my opinions.
16 I.

PROFESSIONAL BACKGROUND

17

4.

I am an Adjunct Associate Professor of Computer Science at the University of

18 California, Berkeley, and a senior research scientist at the International Computer Science Institute
19 (“ICSI”). I lead the Computer Vision Group at ICSI. My group develops algorithms to enable
20 multimodal conversation with robots and mobile devices, which enables users to interact with
21 machines using natural expression and gesture, and also allows machines to understand a user's
22 physical environment. In addition, my group works on methods for object and activity
23 recognition, allowing robots and mobile devices to recognize objects of interest to a user and
24 provide situated search for information about those objects. Before joining UC Berkeley, I
25 worked as an Associate Professor at the MIT Department of Electrical Engineering and Computer
26 Science ("EECS") and led the Vision Interface Group at the MIT Computer Science and Artificial
27 Intelligence Laboratory.
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Case No. 11-cv-01846-LHK
DECLARATION OF TREVOR DARRELL, PH.D. IN SUPPORT OF SAMSUNG’S MOTION TO STRIKE

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1

5.

I received a Bachelor of Science in Engineering from the University of

2 Pennsylvania in 1988. I received a Master of Science from MIT in 1991, and a Ph.D. from MIT
3 in 1996. I have published hundreds of papers related to computer vision and pattern recognition.
4 My articles can be found in noted journals, such as IEEE Transactions on Pattern Analysis and
5 Machine Intelligence, and in the proceedings of many highly selective conferences.
6

6.

I am the named inventor on several issued patents related to computer vision,

7 including:
8

US5563988, issued 10/8/1996, Method and system for facilitating
wireless, full-body, real-time user interaction with a digitally
represented visual environment;

9
10

US6356669, issued 3/12/2002, Example-based image synthesis
suitable for articulated figures;

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12

US6343150, issued 01/29/2002, Detection of image correspondence
using radial cumulative similarity;

13

US6188777, issued 02/13/2002, Method and apparatus for personnel
detection and tracking;

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US6,445,810, issued 9/3/2002, Method and apparatus for personnel
detection and tracking; and

16

US6,661,918, issued 12/9/2003, Background estimation and
segmentation based on range and color.

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18

7.

I teach and have taught for several years classes in Computer Vision and Computer

19 Science, including courses on Visual Object and Activity Recognition, Computer Vision and
20 Applications, Computer Vision for Interface and Surveillance: Algorithms and Implications, and
21 Structure and Interpretation of Computer Programs.
22

8.

In sum, I have been involved in the study of computers, and machine and computer

23 vision, in both the academic and commercial settings for over two decades. In this time, I have
24 become intimately familiar with a wide variety of computer vision systems that recognize users,
25 objects, and their environment, including robots and mobile devices.
26

9.

My attached Curriculum Vitae (Exhibit A) provides further details.

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1 II.

U.S. PATENT NOS. 6,493,002 AND 7,853,891

2

10.

I understand that Apple previously asserted both U.S. Patent Nos. 6,493,002

3 ("the ’002 patent") and 7,853,891 ("the ’891 patent") against Samsung in this litigation. In
4 particular, Apple accused multiple Samsung products of infringing these patents, including many
5 of Samsung’s mobile phone devices and Samsung’s Galaxy Tab and Galaxy Tab 10.1 tablets.
6

11.

I had previously been retained to give expert opinions related to technical aspects

7 of both the ’002 and ’891 patents, and thus I have extensively studied these patents.
8

12.

On March 22, 2012, I submitted the Expert Report of Trevor Darrell, Ph.D.

9 Regarding the Invalidity of U.S. Patent Nos. 6,493,002 and 7,853,891 (the “Invalidity Report”) in
10 which I opined that the asserted claims of the ’002 patent and the ’891 patent are invalid on the
11 basis of multiple items of prior art. On April 16, 2012, I provided the Rebuttal Expert Report of
12 Trevor Darrell, Ph.D. Regarding the Noninfringement of U.S. Patent Nos. 6,493,002 and
13 7,853,891 (the “Noninfringement Report”) in which I opined that the asserted claims of the ’002
14 patent and the ’891 patent were not infringed by the accused Samsung products. Attached as
15 Exhibits B and C to this declaration are the ’002 and ’891 patents respectively.
16

13.

I understand that on May 29, 2012, the Court signed a Joint Stipulation and Order

17 Dismissing Claims Without Prejudice. I understand that this Order dismissed Apple’s claims
18 against Samsung for infringement of the ’002 patent and the ’891 patent.
19

A.

Overview of the ’002 and ’891 patents

20

14.

The ’002 patent, entitled "Method and Apparatus for Displaying and Accessing

21 Control Status Information in a Computer System," was filed on March 20, 1997, and issued on
22 December 10, 2002. It is a continuation of U.S. Appl. No. 08/316,237, filed on September 30,
23 1994. The named inventor on the patent is Steven W. Christensen, and the assignee is Apple, Inc.
24

15.

The ’002 patent relates to computer graphical user interfaces, particularly the use of

25 a dedicated space or window to provide important information and access useful functions. This
26 dedicated space, defined in the patent as a “control strip,” allows a user to view status information
27 and control certain functions or programs on the computer. The control strip is a window which
28 contains icons or displays. These icons provide information and respond to user inputs, such as
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1 mouse clicks. Embodiments of the control strip can be seen in Figures 2A to 2F. Figure 2A of
2 the patent is shown below:
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16.

Independent claim 1 discloses a computer-controlled display system that includes a

13 processor, data display screen, and a cursor control device for positioning a cursor. The system
14 includes a first window region with a plurality of display areas at least one of which is sensitive to
15 user input, where the first window region is independent of any application program, and
16 implemented in a window layer on top of application programming windows that may be
17 generated. Independent claims 14 and 25 disclose similar inventions, and independent claims 26,
18 39 and 50 are means-plus-function counterparts to claims 1, 14, and 25.
19

17.

The ’891 patent, entitled "Method and Apparatus for Displaying a Window for a

20 User Interface," was filed on February 1, 2008, and issued on December 14, 2010. The patent
21 claims priority to U.S. Appl. No. 10/193,573, filed on July 10, 2002. The named inventors on the
22 patent are Imran Chaudhri and Bas Ording, and the assignee is Apple, Inc.
23

18.

The ’891 patent also relates to computer graphical user interfaces. In particular,

24 the ’891 patent is directed to the display and removal of windows in graphical user interfaces, and
25 includes features such as a window being translucent, increasing the transparency of a window in
26 order to close it, a timer, a window hierarchy, and a cursor.
27

19.

Independent claim 1 discloses a method of displaying a user interface window in

28 response to receiving a first input from a user input device, starting a timer, closing the first
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1 window in response to a determination that the timer expired, where the window is displayed
2 independently of the location of a cursor on the screen. Independent claims 26 and 51 repeat this
3 disclosure in reference to “machine readable media” and a means-plus-function format.
4

20.

Independent claim 20 discloses another method to display a user interface window.

5 Specifically, displaying a translucent window at a location independent of a cursor on a screen,
6 and then closing the window without user input. Independent claims 45 and 70 repeat this
7 disclosure for a machine readable media and a means-plus-function system.
8

21.

In essence then, the ’891 patent claims the concept of a window, the disappearance

9 of which is timed. The ’891 patent describes the usefulness of such windows as compared to
10 “traditional” windows, which “provide strong user interactions, which may cause
11 distractions.” ’891 patent at 2:12-13. The ’891 patent is thus in part directed to windows which
12 do not force the user to interact in order to move past them. One embodiment of the window can
13 be seen in Figure 17 of the patent, reproduced below:
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25 III.

U.S. PATENT NO.

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22.

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. For example, as described in Apple’s iPhone
Case No. 11-cv-01846-LHK
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1 User Guide for iOS 4 Software (SAMNDCA00001916-2159), the Apple iOS 4 displays a red and
2 white number on the top right corner of the mail icon, which displays the number of unread e3 mails. An excerpt describing this behavior on page 73 of the Guide (SAMNDCA00001988) is
4 shown below:
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14 IV.

U.S. PATENT NO.

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U.S. Patent No.

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For example, as described in Apple’s iPhone

7 User Guide for iOS 4 Software (SAMNDCA00001916-2159), a user making a phone call is
8 presented with a screen that employs various call options, similar to a telephone mode. However,
9 the user has the option of hitting the home button, which will instead allow access to other
10 applications on the device, similar to an information terminal mode. The telephone screen and
11 instructions for accessing other applications on the home screen are described in pages 63 and 64
12 of the Guide (SAMNDCA00001978-79), excerpted below:
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18 V.

RELEVANCE OF THE

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PATENTS

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TO APPLE’S ASSERTED

33.

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

Berkeley, CA
7 ____________________________ on June 7, 2012.
8
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By
Trevor Darrell
D
ll

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