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

Filing 1150

MOTION for Extension of Time and to Seal Documents re #1024 Administrative Motion to File Under Seal Documents Re Apples Opposition To Samsungs Motion For Summary Judgment, #1022 Administrative Motion to File Under Seal Documents Re Apples Opposition To Samsungs Motion For Summary Judgment, #1020 Administrative Motion to File Under Seal Documents Under Seal Re Apples Opposition To Samsungs Motion For Summary Judgment, #1023 Administrative Motion to File Under Seal Documents Re Apples Opposition To Samsungs Motion For Summary Judgment, #925 Administrative Motion to File Under Seal Apple's Motion for Summary Judgment of Non-Infringement of U.S. Patent Number 7,362,867 and Invalidity of U.S. Patent Numbers 7,456,893 and 7,577,460, #1013 Administrative Motion to File Under Seal Documents Under Seal Re Apples Opposition To Samsungs Motion For Summary Judgment filed by Samsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). Responses due by 7/2/2012. (Attachments: #1 Exhibit 1 to Samsung's Motion, #2 Declaration of Anthony P. Alden in Support of Samsung's Motion, #3 Exhibit 1 to the Alden Declaration, #4 Declaration of Hankil Kang in Support of Samsung's Motion, #5 Exhibit 1 to the Kang Declaration, #6 Exhibit 2 to the Kang Declaration, #7 Exhibit 3 to the Kang Declaration, #8 Exhibit 4 to the Kang Declaration, #9 Exhibit 5 to the Kang Declaration, #10 Exhibit 6 to the Kang Declaration, #11 Exhibit 7 to the Kang Declaration, #12 Exhibit 8 to the Kang Declaration, #13 Exhibit 9 to the Kang Declaration, #14 Exhibit 10 to the Kang Declaration, #15 Exhibit 11 to the Kang Declaration, #16 Exhibit 12 to the Kang Declaration, #17 Exhibit 13 to the Kang Declaration, #18 Exhibit 14 to the Kang Declaration, #19 Exhibit 15 to the Kang Declaration, #20 Exhibit 16 to the Kang Declaration, #21 Exhibit 17 to the Kang Declaration, #22 Exhibit 18 to the Kang Declaration Pt. 1 of 5, #23 Exhibit 18 to the Kang Declaration Pt. 2 of 5, #24 Exhibit 18 to the Kang Declaration Pt. 3 of 5, #25 Exhibit 18 to the Kang Declaration Pt. 4 of 5, #26 Exhibit 18 to the Kang Declaration Pt. 5 of 5, #27 Exhibit 19 to the Kang Declaration, #28 Exhibit 20 to the Kang Declaration, #29 Exhibit 21 to the Kang Declaration, #30 Exhibit 22 to the Kang Declaration, #31 Exhibit 23 to the Kang Declaration, #32 Exhibit 24 to the Kang Declaration, #33 Exhibit 25 to the Kang Declaration, #34 Exhibit 26 to the Kang Declaration, #35 Exhibit 27 to the Kang Declaration, #36 Exhibit 28 to the Kang Declaration, #37 Proposed Order Granting Samsung's Miscellaneous Administrative Request)(Maroulis, Victoria) (Filed on 6/28/2012)

KANG DECLARATION
EXHIBIT 2

EXHIBIT 17
PUBLIC REDACTED
VERSION

Report

Results from A Survey Measuring Use and Valuation of Four Patented Features (Patented Features: 460,
893, 711, 871) and A Survey of World Clock Patented Feature Usage (Patented Feature 055)

March 22, 2012

Table of Contents

1.
2.
3.
4.
5.

Engagement Background
Conjoint Analysis
Survey Inputs
Sample
Results of A Survey Measuring Use and Valuation of Four Patented Features (Patented Features:
460, 893, 711, 871)
6. Results of A Survey Measuring World Clock Patent Feature Usage (Patented Feature 055)
7. Exhibits
A. Final questionnaires (World Clock usage questionnaires to be provided the morning of
March 23, 2012)
B. Demographics Distribution
C. Market Value for Attribute Improvement among respondents who have used the
features in the past
D. Expert bio
E. Expert compensation
F. References
G. Screen capture of a representative online survey with Conjoint (CBC)

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1. Engagement Background
I, R. Sukumar, am the CEO of Optimal Strategix Group, Inc., which is a strategic market research and
marketing consulting company. I have served as a consultant for many Fortune 500 companies, helping
clients focus on understanding the value of the products they offer and the market’s value for attribute
improvement. I have also served as an expert witness in lawsuits, conducting survey research for cases
that have involved consumer confusion and trademark infringement. My CV is attached as Exhibit D.
My CV contains a list of my publications from the last 10 years. I have not provided expert testimony at
trial or by deposition in the last four years.
I have been engaged by Quinn Emanuel Urquhart & Sullivan, LLP to serve as an expert to conduct survey
research to understand usage and valuation of select features offered in an iPhone, iPad, or iPod Touch
that they may own.
Specifically, the four features of interest are:
1.

E-mail Photo:

(460 Patent) The ability to take a photo on the (iPhone, iPad, iPod Touch) and send any of the
pictures stored on the (iPhone, iPad, iPod Touch) displayed in the body of an e-mail, as opposed to
attaching the photo to the email which then has to be separately opened. (Ability to send the photo
in the body of an email)
2. Photo Gallery Bookmark:
(893 Patent) The ability to exit the photo gallery to another app and return to the photo gallery at
the same place where you left off. (Ability to return to the photo gallery at the same place that you
left off any time)
3. Window Dividing:
(871 Patent) While composing a text message, Window Dividing allows you to divide the screen (for
example, by pressing the bottom button twice): the first window continues to display the text
message, while the second window either (a) displays app icons that perform a search function, or
(b) displays icons for recently used apps. (While texting, ability to divide the screen to show text
message and another function)
4. Music in Background:
(711 Patent) Allows you to listen to music while performing other tasks on your iPhone. The phone
visually indicates that music is playing. (Ability to listen to music in the background, the phone
indicating that music is playing)

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2. Conjoint Analysis
Conjoint analysis has been used extensively in the understanding of how much the market values an
improvement in a feature (Reference 3). Conjoint analysis, which is also commonly referred to as
tradeoff analysis, was coined from the words “consider jointly.” It has been used in a number of legal
cases to assess the importance a feature (attribute) has in a customer’s decision to buy a product. The
methodology has been used in legal cases that involve patents to determine the market’s value of such
improvements resulting from including a patented feature (MVAI) (Reference 3).
In conjoint analysis, a customer’s valuation of a particular feature of a product is determined by
measuring the partial value (part-worth utility) of specific individual features of the product that are
being tested (for example, presence or absence of feature 1, presence or absence of feature 2, etc.).
Conjoint analysis is administered using a type of software developed by Sawtooth Software referred to
as CBC (Choice Based Conjoint) (Reference 4,5). We conducted an online survey of a group of
respondents who constitute a representative sample of the target population of users of the devices.
During this survey, respondents are shown three product combinations with features that represent an
improvement, each combination having its own price. Each question shows the respondent three such
combinations with associated prices and the respondent is required to make a choice among the three
options (See Exhibit G). The respondent sees 12 such choice sets. This method has been used for
decades and commercial applications are referenced in [References 1, 2].
3. Survey Inputs

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_________________

R. Sukumar, Ph.D.

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March 22, 2012

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