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

Filing 112

DECLARATION of AUSTIN TARANGO IN SUPPORT OF #111 SAMSUNG'S OPPOSITION TO APPLE'S MOTION FOR EXPEDITED TRIAL ON ITS CLAIMS AND FOR EARLY CASE MANAGEMENT CONFERENCE filed bySamsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (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)(Maroulis, Victoria) (Filed on 7/15/2011) Modified on 7/20/2011 counsel failed to link entry to document #111 (dhm, COURT STAFF).

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 AUSTIN TARANGO
IN SUPPORT OF SAMSUNG’S
OPPOSITION TO APPLE’S MOTION
FOR EXPEDITED TRIAL ON ITS
CLAIMS AND FOR EARLY CASE
MANAGEMENT CONFERENCE



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: August 24, 2011
Time: 2:00 pm
Place: Courtroom 4, 5th floor
Judge: Hon. Lucy H. Koh





Case No. 11-cv-01846-LHK
DECLARATION OF AUSTIN TARANGO IN SUPPORT OF SAMSUNG’S OPPOSITION TO APPLE’S
MOTION FOR EXPEDITED TRIAL ON ITS CLAIMS AND FOR EARLY CASE MANAGEMENT
CONFERENCE

1

I, Austin Tarango, 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 have personal knowledge of the

5 facts set forth in this declaration and, if called upon as a witness, I could and would testify to such
6 facts under oath.
7

2.

Attached hereto as Exhibit 1 is a true and correct copy of a press release accessed

8 and printed on on July 8, 2011, available at
9 http://www.samsung.com/us/news/newsRead.do?news_seq=19707.
10

3.

Attached hereto as Exhibit 2 is a true and correct copy of a press release accessed

11 and printed on July 8, 2011, available at
12 http://www.samsung.com/us/news/presskitRead.do?page=3&news_seq=19764&rdoPeriod=.
13

4.

Attached hereto as Exhibit 3 is a true and correct copy of a website accessed and

14 printed on July 8, 2011, available at http://www.samsung.com/us/mobile/cell-phones/SGH15 T959HABTMB?cid=ppc_mob_goo_.
16

5.

Attached hereto as Exhibit 4 is a true and correct copy of a website accessed and

17 printed on July 8, 2011, available at http://www.samsung.com/us/mobile/cell-phones/SGH18 T959ZKATMB?cid=ppc_mob_goo_.
19

6.

Attached hereto as Exhibit 5 is a true and correct copy of the results of a civil party

20 search for the name “Apple Inc.” in the Northern District Court of California on the Pacer Case
21 Locator, available at https://pcl.uscourts.gov/search, accessed and printed on July 7, 2011.
22

7.

Attached hereto as Exhibit 6 is a highlighted, true and correct copy of statistical

23 table C-10, entitled “Median Time Intervals from Filing to Trial for Civil Cases in Which Trials
24 Were Completed, by District, During the 12-Month Period Ending September 30, 2010” from the
25 Administrative Office of the U.S. Courts’ website, accessed and printed on July 8, 2011 available
26 at http://www.uscourts.gov/uscourts/Statistics/JudicialBusiness/2010/appendices/C10Sep10.pdf.
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Case No. 11-cv-01846-LHK
-1DECLARATION OF AUSTIN TARANGO IN SUPPORT OF SAMSUNG’S OPPOSITION TO APPLE’S
MOTION FOR EXPEDITED TRIAL ON ITS CLAIMS AND FOR EARLY CASE MANAGEMENT
CONFERENCE

1

8.

Attached hereto as Exhibit 7 is a true and correct copy of a press release accessed

2 and printed on July 14, 2011, available at
3 http://www.samsung.com/us/news/newsRead.do?news_seq=19810.
4

9.

Attached hereto as Exhibit 8 is a true and correct copy of the first page of the

5 Complaint in the action filed in the Northern District of California entitled Excelligence Learning
6 Corporation v. Oriental Trading Company Inc. and Teresa Martini, case number 5:03-cv-04947-JF.
7

10.

Attached hereto as Exhibit 9 is a true and correct copy of certain excerpts of the

8 Complaint filed in a request for an ITC Investigation titled “Certain Electronic Digital Media
9 Devices and Components Thereof,” and the Verification of the Complaint filed with the
10 Complaint.
11
12

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

13 Francisco, California on July 15, 2011.
14
15
16
17

By /s/
Austin Tarango

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Case No. 11-cv-01846-LHK
-2DECLARATION OF AUSTIN TARANGO IN SUPPORT OF SAMSUNG’S OPPOSITION TO APPLE’S
MOTION FOR EXPEDITED TRIAL ON ITS CLAIMS AND FOR EARLY CASE MANAGEMENT
CONFERENCE