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

Filing 1140

Administrative Motion to File Under Seal filed by Apple Inc.. (Attachments: #1 Wheeler Declaration in Support of Administrative Motion, #2 Proposed Order, #3 Declaration of Jason R. Bartlett, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22, #26 Exhibit 23, #27 Exhibit 24, #28 Exhibit 25, #29 Exhibit 26, #30 Exhibit 27, #31 Public Declaration of Peter W. Bressler, #32 Exhibit 1, #33 Exhibit 2, #34 Exhibit 3, #35 Exhibit 4, #36 Exhibit 5, #37 Exhibit 6, #38 Exhibit 7, #39 Exhibit 8, #40 Exhibit 9, #41 Exhibit 10, #42 Exhibit 11, #43 Exhibit 12, #44 Exhibit 13, #45 Exhibit 14, #46 Exhibit 15, #47 Exhibit 16, #48 Exhibit 17, #49 Exhibit 18, #50 Exhibit 19, #51 Exhibit 20, #52 Exhibit 21, #53 Exhibit 22, #54 Exhibit 23, #55 Exhibit 24, #56 Exhibit 25, #57 Exhibit 26, #58 Exhibit 27, #59 Exhibit 28, #60 Exhibit 29, #61 Exhibit 30, #62 Exhibit 31, #63 Exhibit 32, #64 Exhibit 33, #65 Exhibit 34, #66 Exhibit 35, #67 Exhibit 36, #68 Exhibit 37, #69 Exhibit 38, #70 Exhibit 39, #71 Exhibit 40, #72 Exhibit 41, #73 Exhibit 42, #74 Exhibit 43, #75 Exhibit 44, #76 Exhibit 45, #77 Exhibit 46, #78 Exhibit 47, #79 Exhibit 48, #80 Exhibit 49, #81 Exhibit 50, #82 Exhibit 51, #83 Exhibit 52, #84 Exhibit 53, #85 Exhibit 54, #86 Exhibit 55, #87 Exhibit 56, #88 Exhibit 57, #89 Exhibit 58, #90 Exhibit 59, #91 Exhibit 60, #92 Exhibit 61, #93 Exhibit 62, #94 Exhibit 63, #95 Exhibit 64, #96 Exhibit 65, #97 Exhibit 66, #98 Exhibit 67, #99 Exhibit 68, #100 Exhibit 69, #101 Exhibit 70, #102 Exhibit 71, #103 Exhibit 72, #104 Exhibit 73, #105 Exhibit 74, #106 Exhibit 75, #107 Exhibit 76, #108 Exhibit 77)(Jacobs, Michael) (Filed on 6/26/2012) Modified on 6/27/2012 pursuant to General Order No. 62, attachment #1 sealed (dhm, COURT STAFF).

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HAROLD J. MCELHINNY (CA SBN 66781)
[e-mail]
MICHAEL A. JACOBS (CA SBN 111664)
[e-mail]
JENNIFER LEE TAYLOR (CA SBN 161368)
[e-mail]
ALISON M. TUCHER (CA SBN 171363)
[e-mail]
RICHARD S.J. HUNG (CA SBN 197425)
[e-mail]
JASON R. BARTLETT (CA SBN 214530)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: [phone]

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WILLIAM F. LEE
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Telephone: [phone]
Facsimile: [phone]
MARK D. SELWYN (SBN 244180)
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]

Attorneys for Plaintiff and
Counterclaim-Defendant APPLE INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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APPLE INC., a California corporation,
Plaintiff,

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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,

Case No.

11-cv-01846-LHK (PSG)

DECLARATION OF JASON R.
BARTLETT IN SUPPORT OF
APPLE’S RESPONSE TO
SAMSUNG’S OPENING
MEMORANDUM REGARDING
DESIGN PATENT CLAIM
CONSTRUCTION
EXHIBITS 1-14 AND EXHIBIT 27
ARE SUBMITTED UNDER SEAL

Defendants.

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BARTLETT DECL. ISO APPLE’S RESPONSE TO SAMSUNG’S DESIGN PATENT CLAIM CONSTRUCTION
CASE NO. 11-CV-01846-LHK (PSG)
sf-3163729

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I, JASON R. BARTLETT, declare as follows:

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1.

I am a partner in the law firm of Morrison & Foerster LLP, counsel for Apple Inc.

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(“Apple”). I am licensed to practice law in the State of California and admitted to practice before

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this Court. I have personal knowledge of the matters stated herein or understand them to be true

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from members of my litigation team. I make this declaration in support of Apple’s Response to

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Samsung’s Design Patent Claim Construction Brief.

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2.

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

transcript of Jonathan Ive, taken December 1, 2011.
3.

Attached as Exhibit 2 is a true and correct copy of excerpts from the deposition

transcript of Christopher Stringer, taken August 3, 2011.
4.

Attached as Exhibit 3 is a true and correct copy of excerpts from the deposition

transcript of Tang Tan, taken March 2, 2012.
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Attached as Exhibit 4 is a true and correct copy of excerpts from the deposition

transcript of J.M. Yeo, taken February 2, 2012.
6.

Attached as Exhibit 5 is a true and correct copy of excerpts from the deposition

transcript of Jonathan Ive, taken February 7, 2012.
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Attached as Exhibit 6 is a true and correct copy of excerpts from the deposition

transcript of Christopher Stringer, taken November 4, 2011.
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Attached as Exhibit 7 is a true and correct copy of excerpts from the deposition

transcript of Phil Hobson, taken February 28, 2012.
9.

Attached as Exhibit 8 is a true and correct copy of excerpts from the deposition

transcript of Tang Tan, taken March 5, 2012.
10.

Attached as Exhibit 9 is a true and correct copy of a production document, Bates

numbered APLND0002303105 – 134.
11.

Attached as Exhibit 10 is a true and correct copy of a production document, Bates

numbered APLNDC0002454404 – 412.
12.

Attached as Exhibit 11 is a true and correct copy of a production document, Bates

numbered APLNDC0002329800 – 801.
BARTLETT DECL. ISO APPLE’S RESPONSE TO SAMSUNG’S DESIGN PATENT CLAIM CONSTRUCTION
CASE NO. 11-CV-01846-LHK (PSG)
sf-3163729

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13.

Attached as Exhibit 12 is a true and correct copy of a production document, Bates

numbered APLNDC0002336678 – 679.
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Attached as Exhibit 13 is a true and correct copy of excerpts from the deposition

transcript of M.H. Lee, taken March 3, 2012.
15.

Attached as Exhibit 14 is a true and correct copy of excerpts from the deposition

transcript of GiYoung Lee, taken February 17, 2012.
16.

Attached as Exhibit 15 is a true and correct copy of excerpts from the expert

report of Itay Sherman, dated March 23, 2012.
17.

Attached as Exhibit 16 is a true and correct copy of the oath filed in U.S. Patent

No. D627,777.
18.

Attached as Exhibit 17 is a true and correct copy of the oath filed in U.S. Patent

No. D637,596.

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19.

Attached as Exhibit 18 is a true and correct copy of US D618,678.

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20.

Attached as Exhibit 19 is a true and correct copy of Samsung 5.3 inch Note

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specifications, downloaded from www.samsung.com.
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Attached as Exhibit 20 is a true and correct copy of Samsung Galaxy Tab 7.0

specifications, downloaded from www.samsung.com.
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Attached as Exhibit 21 is a true and correct copy of Samsung Galaxy Tab 7.7

specifications, downloaded from www.samsung.com.
23.

Attached as Exhibit 22 is a true and correct copy of Samsung Galaxy Tab 8.9 spec

specifications, downloaded from www.samsung.com.
24.

Attached as Exhibit 23 is a true and correct copy of Samsung Galaxy Tab 10.1

specifications, downloaded from www.samsung.com.
25.

Attached as Exhibit 24 is a true and correct copy of Samsung Tablet 11.6 inch

Series 7 Slate specifications, downloaded from www.samsung.com.
26.

Attached as Exhibit 25 is a true and correct copy of excerpts from the deposition

transcript of Sean Roarty, taken March 7, 2012.

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BARTLETT DECL. ISO APPLE’S RESPONSE TO SAMSUNG’S DESIGN PATENT CLAIM CONSTRUCTION
CASE NO. 11-CV-01846-LHK (PSG)
sf-3163729

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27.

Attached as Exhibit 26 is a true and correct copy of exhibit 1871 to the deposition

of Dongseok Ryu, taken February 29, 2012.
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Attached as Exhibit 27 is a true and correct copy of a production document, Bates

labeled SAMNDCA10496327.
I declare under penalty of perjury that the foregoing is true and correct. Executed this
26th day of June, 2012 at San Francisco, California.

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/s/ Jason R. Bartlett
Jason R. Bartlett

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BARTLETT DECL. ISO APPLE’S RESPONSE TO SAMSUNG’S DESIGN PATENT CLAIM CONSTRUCTION
CASE NO. 11-CV-01846-LHK (PSG)
sf-3163729

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ATTESTATION

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I, Michael A. Jacobs, am the ECF User whose ID and password are being used to file this

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Declaration. In compliance with General Order 45, X.B., I hereby attest that Jason R. Bartlett has

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concurred in this filing.

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Dated: June 26, 2012

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/s/ Michael A. Jacobs
Michael A. Jacobs

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BARTLETT DECL. ISO APPLE’S RESPONSE TO SAMSUNG’S DESIGN PATENT CLAIM CONSTRUCTION
CASE NO. 11-CV-01846-LHK (PSG)
sf-3163729

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