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

Filing 1161

RESPONSE (re #1147 Administrative Motion to File Under Seal Samsung's Motion to Stay June 26, 2012 Preliminary Injunction Pending Appeal ) Apple Inc.s Opposition To Samsungs Motion To Stay And Suspend The June 26, 2012 Preliminary Injunction Pending Appeal Or, Alternatively, Pending Decision By Federal Circuit On Stay Pending Appeal filed byApple Inc.. (Attachments: #1 Declaration Of Jason R. Bartlett In Support Of Apple Inc.s Opposition To Samsungs Motion To Stay And Suspend The June 26, 2012 Preliminary Injunction Pending Appeal Or, Alternatively, Pending Decision By Federal Circuit On Stay Pending Appeal, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Proposed Order)(McElhinny, Harold) (Filed on 6/30/2012)

1
2
3
4
5
6
7
8
9
10
11

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]

UNITED STATES DISTRICT COURT

13

NORTHERN DISTRICT OF CALIFORNIA

14

SAN JOSE DIVISION

15

17
18
19

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.

12

16

WILLIAM F. LEE
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Telephone: [phone]
Facsimile: [phone]

APPLE INC., a California corporation,
Plaintiff,
v.

22

SAMSUNG ELECTRONICS CO., LTD., a
Korean corporation; SAMSUNG ELECTRONICS
AMERICA, INC., a New York corporation; and
SAMSUNG TELECOMMUNICATIONS
AMERICA, LLC, a Delaware limited liability
company,

23

Case No. 11-cv-01846-LHK (PSG)
DECLARATION OF JASON R.
BARTLETT IN SUPPORT OF APPLE
INC.’S OPPOSITION TO
SAMSUNG’S MOTION TO STAY
AND SUSPEND THE JUNE 26, 2012
PRELIMINARY INJUNCTION
PENDING APPEAL OR,
ALTERNATIVELY, PENDING
DECISION BY FEDERAL CIRCUIT
ON STAY PENDING APPEAL

Defendants.

20
21

24
25

EXHIBIT A IS SUBMITTED UNDER SEAL

26
27
28
DECL. OF JASON R. BARTLETT ISO APPLE’S OPPOSITION TO MOTION TO STAY PRELIM INJ.
CASE NO. 11-CV-01846-LHK (PSG)
sf-3165300

1

I, JASON R. BARTLETT, declare as follows:

2

1.

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

3

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

4

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

5

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

6

Samsung’s Motion to Stay and Suspend the June 26, 2012 Preliminary Injunction.

7
8
9

2.

On June 27, 2012, Apple posted the bond required by the Court’s June 26, 2012

3.

Attached as Exhibit A is a true and correct copy of excerpts of the Confidential

Order.

10

Brief of Defendants-Appellees that Samsung filed in the Federal Circuit in connection with

11

Apple’s appeal from this Court’s December 2, 2011 Order.

12

4.

Attached as Exhibit B is a true and correct copy of photos of the unreleased tablet

13

model from the Federal Circuit appellate record (A8626-43), which Samsung relied on in its

14

appellate brief (Ex. A at 63). Samsung submitted these same photos to this Court on October 18,

15

2011, as Exhibit R to the Tung Declaration In Support of Samsung’s Notice of Lodging of

16

Materials In Opposition to Apple’s Motion for Preliminary Injunction.

17
18
19

5.

Attached as Exhibit C is a true and correct copy of excerpts of the Reply Brief of

Appellant that Apple filed in the Federal Circuit.
6.

Attached as Exhibit D is a true and correct copy of excerpts of the D’889

20

prosecution history, from the Federal Circuit appellate record. As indicated by these excerpts,

21

Apple’s application for the D’889 patent referred to “an appendix showing various photographs

22

of an electronic device in accordance with one embodiment.” (A9245.) The Examiner responded

23

by cancelling this statement as improper. (A9280-81.) Accordingly, this statement does not

24

appear in the D’889 patent, as finally issued.

25

7.

Attached as Exhibit E is a true and correct copy of excerpts of Defendants-

26

Appellees’ Petition for Panel Rehearing and Rehearing En Banc that Samsung filed in the Federal

27

Circuit.

28
DECL. OF JASON R. BARTLETT ISO APPLE’S OPPOSITION TO MOTION TO STAY PRELIM INJ.
CASE NO. 11-CV-01846-LHK (PSG)
sf-3165300

1

1
2
3

8.

Attached as Exhibit F is a true and correct copy of an article titled Samsung Tablet

Enjoined from US Sales, that appeared in the San Francisco Daily Journal on June 28, 2012.
9.

Attached as Exhibit G is a true and correct copy of an online news article titled

4

Samsung says Galaxy Tab 10.1, blocked from sales is an old model… says, “no impact,”

5

obtained electronically from

6

http://money.joinmsn.com/news/article/article.asp?total_id=8598298&ctg=1100 on June 28,

7

2012, and a certified translation of that article from Korean to English.

8
9

I declare under penalty of perjury that the foregoing is true and correct. Executed this
29th day of June, 2012 at San Francisco, California.

10
11

/s/ Jason R. Bartlett
Jason R. Bartlett

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
DECL. OF JASON R. BARTLETT ISO APPLE’S OPPOSITION TO MOTION TO STAY PRELIM INJ.
CASE NO. 11-CV-01846-LHK (PSG)
sf-3165300

2

1
2

ATTESTATION
I, Harold J. McElhinny, am the ECF User whose ID and password are being used to file

3

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

4

has concurred in this filing.

5
6

Dated: June 29, 2012

/s/ Harold J. McElhinny
Harold J. McElhinny

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
DECL. OF JASON R. BARTLETT ISO APPLE’S OPPOSITION TO MOTION TO STAY PRELIM INJ.
CASE NO. 11-CV-01846-LHK (PSG)
sf-3165300

3