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

Filing 11

Declaration of Jason Bartlett in Support of #10 MOTION to Expedite Discovery filed byApple Inc.. (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 Proposed Order Proposed Order)(Related document(s) #10 ) (Bartlett, Jason) (Filed on 4/19/2011)

1
2
3
4
5
6
7
8

HAROLD J. MCELHINNY (CA SBN 66781)
[e-mail]
MICHAEL A. JACOBS (CA SBN 111664)
[e-mail]
JENNIFER LEE TAYLOR (CA SBN 161368)
[e-mail]
JASON R. BARTLETT (CA SBN 214530)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522
Attorneys for Plaintiff
APPLE INC.

9
10

UNITED STATES DISTRICT COURT

11

NORTHERN DISTRICT OF CALIFORNIA

12
13

APPLE INC., a California corporation,
Plaintiff,

14
15
16
17
18

Case No. 4:11-cv-01846-LB

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,

DECLARATION OF JASON R.
BARTLETT IN SUPPORT OF
PLAINTIFF’S MOTION TO
EXPEDITE DISCOVERY
Date: May 3, 2011
Time: 9:00 a.m.
Place:
Judge:

19
Defendants.
20
21
22
23
24
25
26
27
28
DECLARATION OF JASON R. BARTLETT IN SUPPORT OF PLAINTIFF’S MOTION TO EXPEDITE DISCOVERY

1

1

I, JASON R. BARTLETT, declare as follows:

2

1.

I am a partner at the law firm of Morrison & Foerster LLP, attorneys of record in

3

this action for plaintiff Apple Inc. (“Apple”). I submit this declaration in support of Apple’s

4

Motion to Expedite Discovery. Unless otherwise indicated, I have personal knowledge of the

5

matters set forth below. If called as a witness I could and would testify competently as follows:

6

2.

Attached as Exhibit 1 is a true and correct copy of a report entitled “LIVE FROM

7

BARCELONA: Check Out The New 10-Inch Samsung Galaxy Tab.” This copy of this report

8

was printed on April 18, 2011 from the website of Business Insider at the following website

9

address: http://www.businessinsider.com/galaxy-tab-10-2011-2.

10

3.

Attached as Exhibit 2 is a true and correct copy of a report entitled “Samsung

11

Galaxy Tab 10.1 hands-on.” This copy of this report was printed on April 18, 2011 from the

12

website Boy Genius Report at the following website address:

13

http://www.bgr.com/2011/02/13/samsung-galaxy-tab-10-1-hands-on/.

14

4.

Attached as Exhibit 3 is a true and correct copy of a report entitled “IPad 2:

15

Thinner, faster, and with a Steve Jobs Surprise.” This copy of this report was printed on April 18,

16

2011 from the website CNN Money at the following website address:

17

http://money.cnn.com/2011/03/02/technology/ipad_2_announcement/index.htm.

18

5.

Attached as Exhibit 4 is a true and correct copy of a report entitled “iPad 2 Sends

19

Galaxy Tab Back to the Drawing Board.” This copy of this report was printed on April 18, 2011

20

from the website NBC Bay Area at the following website address:

21

http://www.nbcbayarea.com/blogs/press-here/iPad-2-Sends-Galaxy-Tab-Back-to-the-Drawing-

22

Board-117417979.html.

23

6.

Attached as Exhibit 5 is a true and correct copy of a report entitled “Samsung

24

considers Galaxy Tab 10.1 overhaul following iPad 2 unveiling.” This copy of this report was

25

printed on April 18, 2011 from the website Boy Genius Report at the following website address:

26

http://www.bgr.com/2011/03/04/samsung-considers-galaxy-tab-10-1-overhaul-following-ipad-2-

27

unveiling/.

28
DECLARATION OF JASON R. BARTLETT IN SUPPORT OF PLAINTIFF’S MOTION TO EXPEDITE DISCOVERY

2

1

7.

Attached as Exhibit 6 is a true and correct copy of a report entitled “Samsung

2

Announces Galaxy Tab 8.9 Android Honeycomb Tablet.” This copy of this report was printed on

3

April 18, 2011 from the website Boy Genius Report at the following website address:

4

http://www.bgr.com/2011/03/22/samsung-announces-galaxy-tab-8-9-android-honeycomb-tablet/.

5

8.

Attached as Exhibit 7 is a true and correct copy of the CTIA 2011: Samsung

6

Mobile Announcements section of Samsung’s website. This copy was printed on April 15, 2011

7

from the following website address: http://pages.samsung.com/us/2011mobile/.

8
9

9.

Attached as Exhibit 8 is a true and correct copy of a report entitled “Samsung

Galaxy S2 i9100 specs, price revealed on UK website.” This copy of the report and user

10

comments was printed on April 18, 2011 from the website TalkAndroid at the following website

11

address: http://www.talkandroid.com/29897-samsung-galaxy-s2-i9100-specs-price-revealed-on-

12

uk-website/.

13

10.

Attached as Exhibit 9 is a true and correct copy of a report entitled “Video review:

14

Samsung Galaxy S 2 – Warp speed captain!” This copy of the report and user comments was

15

printed on April 18, 2011 from the website Inspect-a-Gadget at the following website address:

16

http://www.computerweekly.com/blogs/inspect-a-gadget/2011/04/video-review-samsung-galaxy-

17

s-2---its-time.html.

18

11.

19
20
21
22

Attached as Exhibit 10 is a true and correct copy of the cover page of US Patent

No. 7,812,828 entitled “Ellipse Fitting for Multi-Touch Surfaces.”
12.

Attached as Exhibit 11 is a true and correct copy of an excerpt from US Patent

No. 7,844,915 entitled “Application Programming Interfaces for Scrolling Operations.”
13.

On April 19, 2011, I caused to be electronically filed Apple’s Motion to Expedite

23

Discovery with the Clerk of the Court using CM/ECF. I also sent a summons and copy of the

24

complaint filed in this case, a copy of the Motion to Expedite Discovery, and a copy of the

25

Motion to Shorten Time for Briefing and Hearing on Plaintiff’s Motion to Expedite Discovery,

26

together with all supporting papers, to process servers who are instructed to hand deliver both

27

documents on Samsung Electronics America, Inc.’s and Samsung Telecommunications America,

28

LLC’s registered service agents on April 20, 2011.
DECLARATION OF JASON R. BARTLETT IN SUPPORT OF PLAINTIFF’S MOTION TO EXPEDITE DISCOVERY

3

1

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

2

the forgoing is true and correct and that this Declaration was executed this 19th day of April,

3

2011, at San Francisco, California.

4
5

_______/s/ Jason R. Bartlett_____

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
DECLARATION OF JASON R. BARTLETT IN SUPPORT OF PLAINTIFF’S MOTION TO EXPEDITE DISCOVERY

4