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

Filing 1129

MOTION for Reconsideration re 1115 Order on Motion for Miscellaneous Relief,,,,,, #1105 Order on 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 Exhibit to Samsung's Motion, #2 Declaration of Hankil Kang in Support of Samsung's Motion, #3 Exhibit 1 to the Kang Declaration, #4 Exhibit 2 to the Kang Declaration, #5 Exhibit 3 to the Kang Declaration, #6 Exhibit 4 to the Kang Declaration, #7 Exhibit 5 to the Kang Declaration, #8 Exhibit 6 to the Kang Declaration, #9 Exhibit 7 to the Kang Declaration, #10 Exhibit 8 to the Kang Declaration, #11 Exhibit 9 to the Kang Declaration, #12 Exhibit 10 to the Kang Declaration, #13 Exhibit 11 to the Kang Declaration, #14 Exhibit 12 to the Kang Declaration, #15 Exhibit 13 to the Kang Declaration, #16 Exhibit 14 to the Kang Declaration, #17 Exhibit 15 to the Kang Declaration, #18 Exhibit 16 to the Kang Declaration, #19 Exhibit 17 to the Kang Declaration, #20 Proposed Order Granting Samsung's Motion for Reconsideration)(Maroulis, Victoria) (Filed on 6/25/2012)

KANG DECLARATION
EXHIBIT 4

Exhibit 26
Filed Under Seal

Highly Confidential – Attorneys’ Eyes Only

Should you find that it is difficult to give support, please specify the answers to each of the following:

The carrier keeps making stronger and stronger demands.

--- Original Message --From: Hyoungtaek Chang
Date: 2011/09/23 07:00 (GMT-07:00)

Dong Jin Koh

Sincerely,

Your attention on this matter is urgently needed as well.

Vice President Han Gil Yoon,

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Please take a look yourself and figure how much work it’s going to be. In any event, don’t we have to make preparations in case we have to do this work? However, if this has a
decisive impact on OS upgrades, it is best to resolve the issue through consultation with the carrier.

Senior Vice President Byung Hwan Kim,

I am not going to reiterate the tired complaint that it is unfair for them to do this to us when Apple is not required to make any customi[z]ations. I ask that you designate
appropriate executives to sort out the issue.

Please read this e-mail carefully. I am afraid the conversation might be running in place. The issue at hand is whether or not we need a separate
The
Office of Development is prepared to make as many accommodations as possible, but still, you will have to have Sales and PM departments consult with the carrier to eliminate
any time-consuming requirements.

Executive Vice President Won-Pyo Hong and Executive Vice President Don Ju Lee,

Translation

Highly Confidential – Attorneys’ Eyes Only

I included the emails in the attached Excel file.

How are you?

To: Alex, Associate
From: Jongeun Baek, Senior

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………………………………………………………………………..
From: Jong Eun Baek [mailto: [e-mail]]
Sent: Friday, September 23, 2011 6:13 AM
To: [e-mail]; ‘Alex’; ‘Kang Hwan Oh’; ‘Byung Hwan Kim’; ‘Jae Hoon Sul’; ‘Eung Do Kim’; ‘Joon Suk Yim’; ‘Jae Gu Choi’; ‘Gil Jae Park’; ‘Chang Won
Jang’; ‘Sang Bum Han’; [e-mail]; ‘Myung Hwan Lee’; ‘Sang Ryong Lee’; ‘Seung Jin Choi’; ‘Tae Hoon Kim’; ‘Youn Jung Kim’; ‘Hyung Taek Jang’; ‘AYoung Kim’; ‘Sang In Kim’; ‘Sang Sub Kim’; ‘Jung Hee Kim’; ‘Mi Hee Park’; ‘Joon Yong Yang’; ‘Min Joo Kim’; ‘Won Jong Park’
Cc: ‘Jang Woo Lee’; ‘Jwa Young Bu’; [e-mail]; ‘Jung Shik Sung’; ‘Duk Shik Yim’; ‘Jung Yun Cho’; ‘Sung Shik Lee’; ‘DongHoon Chang’; ‘Joon Ho Won’;
‘Su Jung Yoon’; ‘Seung Hun Yoo’; ‘Yong Sung Park’; ‘Do Hyun Kwon’; ‘Sung Eun Kim’; ‘Young Bu Bin’; ‘Hyun Jung Song’; ‘Yoon Hyang Lee’; ‘Pil Sun Song’; ‘Jae Seok
Jung’
Subject:

Exactly how great the delay in the schedule for implementation is;
Rationale which explains whether our company’s UX is better.
So that our people, including Dong Seok Ryu, Lead, who are working hard on-site, to consult with carriers.
As you can see in the email thread below, the carrier is making very strong demands—so strong as to say that they would not even allow shipping into their Lab. Under the
circumstances, I am at a loss for what explanation to use to convince them to use Samsung’s UX.

Translation

Highly Confidential – Attorneys’ Eyes Only

I suggest that you review whether or not we should implement

Vice President Kang Hwan Oh,

-------- Original Message -----------Sender: BYUNGHWAN KIM
Date: 2011/09/22 16:35 (GMT+09:00)

Senior Vice President -- If at all possible, we will implement ATT req on our platform.

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and use them on the Europe-bound version as well.

-------- Original Message -----------Sender: Kang Hwan Oh <[e-mail]> R&D Executive (VP)/Executive in Charge/GA Lab. (Mobile)/Samsung Electronics
Date: 2011-09-22 17:23 (GMT+09:00)
Title:

Thank you.

This is to provide respond to Calendar issues, based on the reply from Platform Team.
Please refer to the attached Excel file.

How are you?
I am Park Hyung Wook of North America R&D Team.

To: Alex, Associate Ň North America Product Planning Group
From: Hyun Wook Park, Senior Ň North America R&D Team

…………………………………………………………………………
From: HyungWook Park [mailto: [e-mail]]
Sent: Friday, September 23, 2011 6:37 PM
To: ‘Alex’; ‘Kang Hwan Oh’; ‘Byung Hwan Kim’; ‘Jae Hoon Sul’; ‘Eung Do Kim’; ‘Joon Suk Yim’; ‘Jae Gu Choi’; ‘Gil Jae Park’; ‘Chang Won Jang’; ‘Sang Bum Han’;
[e-mail]; ‘Myung Hwan Lee’; ‘Sang Nyong Lee’; ‘Seung Jin Choi’; ‘Tae Hoon Kim’; ‘Youn Jung Kim’; ‘Hyung Taek Jang’; ‘A-Young Kim’; ‘Sang In
Kim’; Jong Eun Baek; ‘Sang Sub Kim’; ‘Jung Hee Kim’; ‘Mi Hee Park’; ‘Joon Yong Yang’; ‘Min Joo Kim’; ‘Won Jong Park’
Cc: ‘Jang Woo Lee’; ‘Jwa Young Bu’; [e-mail]; ‘Jung Shik Sung’; ‘Duk Shik Yim’; ‘Jung Yun Cho’; ‘Sung Shik Lee’; ‘DongHoon Chang’; ‘Joon Ho Won’;
‘Su Jung Yoon’; ‘Seung Hun Yoo’; ‘Yong Sung Park’; ‘Do Hyun Kwon’; ‘Sung Eun Kim’; ‘Young Bu Bin’; ‘Hyun Jung Song’; ‘Yoon Hyang Lee’; ‘Pil Sun Song’; ‘Jae Seok
Jung’
Subject:

Translation

Highly Confidential – Attorneys’ Eyes Only

Of these, except for the issue of font size change, all have been applied in

As you see in the email thread below, because the

How are you, Mr. Sul!
I am Park Hyung Wook of North America R&D Team.

To: Jae Hoon Sul, Lead Ň GA Lab
From:
Hyun Wook Park, Senior Ň North America R&D Team

Title:

either as a common concept or as an att feature.

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that has continually requested have to all be applied for models to be released through at&t in 2012,

Translation

it appears that 3 issues still have not been implemented, judging from the binary used in the European open model.

Highly Confidential – Attorneys’ Eyes Only

From: Alex Lee/ North America Product Planning

To: Yong Seok Park, Lead/ UX Design Part
Yong Do Kim, Principal; Sang In Kim, Lead; Sang Sub Kim, Lead; Min Joo Kim, Lead/
North America S/W R&D Group 2

Title:

Thank you.

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How are you?
The items below have been issues since Dempsey, and in May, the R&D Management Group even convened a big meeting with representatives of all the relevant departments
participating.
We have continued to receive, and responded to, multiple verification requests subsequently, however.
I cannot help thinking that the discussion keeps running in place … perhaps because the communication among UX, Product Planning, and Platform has not been timely shared
with us.
I hope that we share information better so that we can address and resolve issues better together.

To: Alex, Associate Ň Product Planning Team

Thank you.

Particularly regarding the
in the attached file, I request that you update the file with information on whether they have been implemented on Galaxy note and, in the
case of platform implementation issues, the date when revision can be made.

For each issue, I updated the attached Excel spreadsheet with information on whether or not it has been reflected, along with comments.
Note that some of these issues are shown as implemented as a common concept, but in reality they are not implemented. These need to be verified by the Platform side, and I
request hereby accordingly.

By contrast, in the case of

Translation

Highly Confidential – Attorneys’ Eyes Only

Alex Lee

Thank you.

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Regarding the 29 email requirements and
, I request that each person in charge specify in the attached Excel spreadsheet whether or not the item has been
revised or when the revision could be made, and send to me a completed sheet by 9/23.

How are you? I am Alex Lee of North America Product Planning.
In preparation for the upcoming annual meeting between executives of AT&T and our company scheduled for 9/29, I am summarizing
are on the line-up as 2012 launching models, with
scheduled for 10/3, being on the very front.

Translation

Highly Confidential – Attorneys’ Eyes Only

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Translation

but the carrier is very adamant about its demands and it looks like the

instead

will be affected.

Highly Confidential – Attorneys’ Eyes Only

Thank you
===========================================================
EungDo Kim
Principle Engineer
S/W R&D Group -North America/GSM
Samsung Electronics Co., Ltd.
Tel : [phone] , Fax : [phone] , Mobile : [phone]
E-mail : [e-mail]
===========================================================

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Lead Sang In Kim (EAS) and Sang Sub Kim (Calendar), please discuss with the people in charge in Platform and UX and let me know of the progress after setting up R&R.

We have experienced the same with

This is Principal Engineer Eungdo Kim from SW R&D Group 2 in the U.S.

Hello.

-------Original Message------Sender: EUNGDO KIM<[e-mail]> E6/Principal Engineer/S/W R&D Group 2 -North America/Samsung Electronics
Date: 2011-09-15 18:45 (GMT+09:00)
Title:

Translation

Highly Confidential – Attorneys’ Eyes Only

To : HQ ATT PP, GA Lab et al
From : Dongseok Ryu, Lead / MNO's Lab

+ Adding GA Lab + Android UX team

------- Original Message ------Sender : Dongseok Ryu<[e-mail]>
Date : 2011-09-15 16:57 (GMT+09:00)
Title :

Thank you.

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After verifying with Seung Hun Yoo (Lead), Platform and North America US have started a discussion regarding this matter. Since the carrier are very adamant about their
position, it would be best to steer towards granting their requests as much as possible and to come up with an agreement between Platform UX and North America UX
specifications.

It is my working-level opinion that at this point we cannot have any risk factors that might threaten the release date of this and future projects.

Consequently, we have put forth great effort into R&D to expedite the timetable. Moreover, Sales, Corporate, and Product Planning have expressed high hopes for this main
project.

All the members under Senior Vice Presidents Jae Koo Cho and Gil Jae Park have been included as recipients.

Dear Dong Seok Ryu (Lead),

------- Original Message ------Sender : Jun Yim<[e-mail]> M6/Senior Manager/Product Planning Group -North America/Samsung Electronics
Date : 2011-09-15 17:46 (GMT+09:00)
Title :

Translation

Highly Confidential – Attorneys’ Eyes Only

, please DO take AT&T early warning seriously.

I would like to raise this issue to you to address on executive level at HQ side. We MUST support these.

HQ Product Planning team,

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Thank you.
Dong Seok Ryu
……………………………………………………………………………………………………………………………………………………………
From: Weiqiang Wu
Sent: Thursday, September 15, 2011 12:37 AM
To: Myung Hwan Lee (Hans Lee); Jun Suk Yim ; [e-mail] ; [e-mail] ; Tae Hun Kim
Cc: EUNGDO KIM; Paul Marzolf; Todd Allen; Aston Cole; Loretta Hong; Jason E. Adams; James Zerbe; Steven Cistulli; Jang Woo Lee ; Joah Young Boo ; Christine Heimer;
Julie
Paek; Nina Park; Dong Seok Ryu
Subject:
Importance: High

Please take this situation seriously, and come up with a solution as soon as possible.
Attached are the guidelines that have been elevated to requirements for your review.

If then, who will take responsibility?

We are well aware that our SW Team of Headquarters is working hard in attending to the efficiency matters for Platform. In addition, we consider the Platform efficiency to be the
right course of action and are cognizant of the resulting changes to the operational system. However, the email and calendar are something that are frequently used and are taken
very seriously by the Americans in the real world. Please accept and listen to the carrier’s overall conclusion and its request to follow their requirements.

Hello.

-------------------------------------------------

Translation

Highly Confidential – Attorneys’ Eyes Only

I already sent the answer regarding this issue Sep. 5th.

Yong Sung

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Thanks,
Wei
…………………………………………………………………………………………………………………………………
From: JONGEUN BAEK [mailto:[e-mail]]
Sent: Thursday, September 15, 2011 12:21 AM
To:EUNGDO KIM; Weiqiang Wu; Myung Hwan Lee; Yong Sung Park; Sangin Kim; Ilya; Min Joo Kim; Jung Hun Ahn; Minsung Kim; Won Jong Park
Subject:

Please readcarefully what Julie has said earlier:

Please understand that per your statement in the spreadsheet,

Jong eun,

Thanks,
Wei
………………………………………………………………………………………………………………..
From: Weiqiang Wu
Sent: Thursday, September 15, 2011 12:27 AM
To:Jong Eun Baek; EUNGDO KIM; Myung Hwan Lee; Yong Sung Park; Sangin Kim; Ilya; Min Joo Kim; Jung Hun Ahn; Minsung Kim; Won Jong Park
Cc:Julie Paek
Subject:
Importance: High

Translation

Highly Confidential – Attorneys’ Eyes Only

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Translation

Highly Confidential – Attorneys’ Eyes Only

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Translation

Highly Confidential – Attorneys’ Eyes Only

Would you check this issue and be ready for next project like
?
You need to check with UX team whether this request from AT&T could be integrated as a Samsung global concept.

Sangin,

-------Original Message------Sender: EUNGDO KIM<[e-mail]> E6/Principal Engineer/S/W R&D Group 2 -North America/Samsung Electronics
Date: 2011-09-15 15:52 (GMT+09:00)
Title:

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Translation

Highly Confidential – Attorneys’ Eyes Only

------- Original Message -------

Yong Sung Park | Senior UX Designer
Design Group, Mobile Communication Division, SAMSUNG ELECTRONICS
[e-mail] | [phone] | [phone]

+adding R&D team, Sang In Kim, Lead; Jong Eun Baik Senior; Hyun Wook Park, Senior

SAMNDCA11023158

From: Yong Sung Park [mailto:[e-mail]]
Sent: Wednesday, September 14, 2011 9:42 PM
To: Julie Paek; Yong Sung Park; Hyun Jung Song; Ji Young Moon ; Min Kyung Joh; Sang Hee Bae; Seung Hun Yoo; Jung Mee Lee; Sangin Kim; Jong Eun Baek; Hyun Wook
Park;
Cc: Alex; Chul Woo Yang; Myung Hwan Lee; Seung Jin Choi; Jun Suk Yim; Tae Hun Kim; Yun Suk Hahm; Paul Marzolf; Loretta Hong; Jason E. Adams; Aston Cole; Todd
Allen; Weiqiang Wu; Hyoungtaek
Chang; Jin Hong No; Dong Seok Ryu
Subject:

------- Original Messag e ------Sender : Weiqiang Wu< [e-mail]>
Date : 2011-09-15 15:30 (GMT+09:00)
Title :

Thanks,
===========================================================
Eung Do Kim
Principal Engineer
S/W R&D Group - North America/GSM
Samsung Electronics Co., Ltd.
Tel : [phone] , Fax : [phone] , Mobile : [phone]
E-mail : [e-mail]
===========================================================

Translation

Highly Confidential – Attorneys’ Eyes Only

Dear UX Team,

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From: Julie Paek
Sent: Thursday, September 01, 2011 12:14 PM
To: Dongseok Ryu ( [e-mail] ); Hyunjung Song ([e-mail] ); Jiyoung Moon ([e-mail] ); Minkyung
Cho [[e-mail]] ; SANGHEE BAE; Stanley Yoo [[e-mail]] ; Yongsung Park ( [e-mail] );
Cc: 'Alex Lee'; 'Chulwoo Yang'; 'Hans Lee'; 'John Choi'; 'Junseok Yim'; 'Kevin Kim'; Nathan Yoonsik Nam ([e-mail]); Paul Marzolf; Loretta
Hong; Jason E. Adams; Aston Cole; Todd Allen; Weiqiang Wu
Subject:
Importance: High

Julie Paek
User Experience Design |Samsung Mobile

Thank you,

Please see the attached email from AT&T.

Youngsung,

Sender : Julie Paek<[e-mail]>
Date : 2011-09-14 03:57 (GMT+09:00)
Title :

Translation

Highly Confidential – Attorneys’ Eyes Only

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I am hearing that any product that is planned to be launching in 2012 is considered a 2012 product by AT&T. All the items we received waiver for so far in our Gingerbread
devices need to be applied starting with all devices that are launching in 2012 (Example: Galaxy Note –Samsung Gingerbread). Please inform R&D so that they can start
implementing these items as soon as possible if they haven’t done so already. As Justin mentioned before, AT&T UX team is creating a document with internal teams to make

Dear UX Team,

…………………………………………………………………………………………………………………..
From: Julie Paek
Sent: Thursday, August 25, 2011 6:39 PM
To: Dongseok Ryu ( [e-mail] ); Hyunjung Song ([e-mail] ); Jiyoung Moon ([e-mail] ); Minkyung
Cho [[e-mail]] ; SANGHEE BAE; Stanley Yoo [[e-mail]] ; Yongsung Park ( [e-mail] );
Cc: 'Alex Lee'; 'Chulwoo Yang'; 'Hans Lee'; 'John Choi'; 'Junseok Yim'; 'Kevin Kim'; Nathan Yoonsik Nam ([e-mail]); Paul Marzolf; Loretta
Hong; Jason E. Adams; Aston Cole; Todd Allen; Weiqiang Wu
Subject:

Julie Paek
User Experience Design |Samsung Mobile

Thank you,

Highly Confidential – Attorneys’ Eyes Only

Thank you,

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Translation

Highly Confidential – Attorneys’ Eyes Only

------OriginalMessage-------Sent: "LATTANZI,MICHAELL" <[e-mail]>
Date: Tue,13 Sep 2011 11:03:32-0500
Subject

6 Concourse Parkway, Suite 750, Atlanta, GA 30328
desk: [phone]
cell: [phone]
fax: [phone]
email: [e-mail]

Julie Paek
Project Manager |Samsung Mobile

SAMNDCA11023162

Translation

Highly Confidential – Attorneys’ Eyes Only

Jun S. Yim
Senior Manager
Product Strategy
Telecommunication Network Business

</[e-mail]</[e-mail]</[e-mail]<
/[e-mail]</[e-mail]

SAMNDCA11023163

Translation

Highly Confidential – Attorneys’ Eyes Only

HYUNWOOKPARK
North America GSM SW | Samsung Electronics | TEL: [phone] | [e-mail]

HYUNWOOKPARK
North America GSM SW | Samsung Electronics | TEL: [phone] | [e-mail]

P : +82 -31-*** -****
M : [phone]
E-mail : [e-mail]

Alex C. Lee (Associate)
Product Planning Part - North America
Product Strategy Team, Mobile Comm.,
Samsung Electronics CO., LTD. Lab.

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Disclaimer:
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you are not the intended
recipient you are
notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited.

[e-mail]
Office +82.31.301.2988
Mobile [phone]

Samsung Electronics

Translation