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

Filing 1184

Administrative Motion to File Under Seal Re Apples Motions In Limine filed by Apple Inc.. (Attachments: #1 Declaration Of Cyndi Wheeler In Support Of Apples Administrative Motions To File Documents Under Seal Re Apples Motions In Limine, #2 [Proposed] Order Granting Apple Inc.s Administrative Motion To File Documents Under Seal Re Apples Motions In Limine, #3 Apples Motions In Limine, #4 Declaration Of Jason Bartlett In Support Of Apples Motions In Limine, #5 Exhibit 1, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Proposed Order)(Jacobs, Michael) (Filed on 7/5/2012)

Exhibit 6

CONTAINS CONFIDENTIAL BUSINESS INFORMATION SUBJECT TO PROTECTIVE ORDER

UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, D.C.
Before The Honorable Thomas B. Pender
Administrative Law Judge
In the Matter of
CERTAIN ELECTRONIC DIGITAL
MEDIA DEVICES AND COMPONENTS
THEREOF

Investigation No. 337-TA-796

SAMSUNG’S PRE-HEARING BRIEF

CONTAINS CONFIDENTIAL BUSINESS INFORMATION SUBJECT TO
PROTECTIVE ORDER
I.

INTRODUCTION
Apple’s patent claims here are just one piece of a worldwide litigation war started by

Apple last year. That assault results from Apple’s fear of legitimate competition from Android
alternatives, which give consumers an attractive competitive option. Apple’s desire to stop
Android competition at any cost, stems from Steve Jobs himself, who reportedly said: "I'm
going to destroy Android, because it's a stolen product. I'm willing to go thermonuclear war on
this." "I will spend my last dying breath if I need to, and I will spend every penny of Apple's $40
billion in the bank, to right this wrong."
Samsung is a leading innovator of new technologies and improvements to existing
technologies. Apple, by contrast, is not a significant innovator, but is by any standard an
extraordinarily successful marketer.
Samsung's commitment to innovation is nowhere more evident than in the smartphone
industry. Samsung began developing mobile phone technology in 1991, more than 15 years
before Apple announced its first phone. Samsung has since invested billions of dollars
researching and developing patented technologies, paving the way for today’s smartphones.
In 2007, long after Samsung introduced its first mobile phone, Apple entered the mobile
device market with the iPhone. Apple did not become a leader in cellular communications
overnight, nor did it build its smartphone platform from scratch. Rather, Apple successfully
repackaged and marketed technology developed by Samsung and others.
As Steve Jobs noted: “Picasso had a saying, ‘Good artists copy, great artists steal.’ And
we [Apple] have always been shameless about stealing great ideas.” Apple was, by its own
CEO's admission, the consummate copier and thief. Yet Apple changed its tune after the success
of the iPhone, warning, in 2009, that “we like competition as long as they don’t rip off our IP.

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CONTAINS CONFIDENTIAL BUSINESS INFORMATION SUBJECT TO
PROTECTIVE ORDER

Dated: May 10, 2012

Respectfully submitted,
/s/ S. Alex Lasher
_______________________________________
Charles K. Verhoeven
QUINN EMANUEL URQUHART & SULLIVAN, LLP
50 California Street, 22nd Floor
San Francisco, CA 94111
Kevin P.B. Johnson
Victoria F. Maroulis
QUINN EMANUEL URQUHART & SULLIVAN, LLP
555 Twin Dolphin Drive, 5th Floor
Redwood Shores, CA 94065
Eric Huang
QUINN EMANUEL URQUHART & SULLIVAN, LLP
51 Madison Avenue, 22nd Floor
New York, NY 10010
William Price
Robert J. Becher
QUINN EMANUEL URQUHART & SULLIVAN, LLP
865 S. Figueroa St., 10th Floor
Los Angeles, CA 90017
Paul F. Brinkman
Alan L. Whitehurst
S. Alex Lasher
QUINN EMANUEL URQUHART & SULLIVAN, LLP
1299 Pennsylvania Ave. NW, Suite 825
Washington, DC 20004
Charles F. Schill
STEPTOE & JOHNSON LLP
1330 Connecticut Avenue, NW
Washington, DC 20036
Counsel for Respondents
Samsung Electronics Co., Ltd., Samsung
Electronics America, Inc. and
Samsung Telecommunications America, LLC

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