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

Filing 1185

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 Declaration of Hankil Kang in Support of Samsung's Motion to File Documents Under Seal, #2 Proposed Order Granting Samsung's Motion to File Documents Under Seal, #3 Samsung's Motions in Limine, #4 Declaration of John D'Amato, #5 Exhibit A to the D'Amato Declaration, #6 Exhibit B to the D'Amato Declaration, #7 Exhibit C to the D'Amato Declaration, #8 Exhibit D to the D'Amato Declaration, #9 Exhibit E to the D'Amato Declaration, #10 Exhibit F to the D'Amato Declaration, #11 Exhibit G to the D'Amato Declaration, #12 Exhibit H to the D'Amato Declaration, #13 Exhibit I to the D'Amato Declaration, #14 Exhibit J to the D'Amato Declaration, #15 Exhibit K to the D'Amato Declaration, #16 Exhibit L to the D'Amato Declaration, #17 Exhibit M to the D'Amato Declaration, #18 Exhibit N to the D'Amato Declaration, #19 Exhibit O to the D'Amato Declaration, #20 Exhibit P to the D'Amato Declaration, #21 Exhibit Q to the D'Amato Declaration, #22 Exhibit R to the D'Amato Declaration, #23 Exhibit S to the D'Amato Declaration, #24 Exhibit T to the D'Amato Declaration, #25 Exhibit U to the D'Amato Declaration, #26 Exhibit V to the D'Amato Declaration, #27 Exhibit W to the D'Amato Declaration, #28 Exhibit X to the D'Amato Declaration, #29 Exhibit Y to the D'Amato Declaration, #30 Proposed Order Granting Samsung's Motions in Limine)(Maroulis, Victoria) (Filed on 7/5/2012)

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Bar No. 170151)
 [e-mail]
50 California Street, 22nd Floor
 San Francisco, California 94111
Telephone: [phone]
 Facsimile: [phone]
 Kevin P.B. Johnson (Bar No. 177129)
[e-mail]
 Victoria F. Maroulis (Bar No. 202603)
[e-mail]
555 Twin Dolphin Drive, 5th Floor

Redwood Shores, California 94065-2139
 Telephone: [phone]
Facsimile: [phone]

Michael T. Zeller (Bar No. 196417)
 [e-mail]
865 S. Figueroa St., 10th Floor
 Los Angeles, California 90017
Telephone: [phone]
 Facsimile: [phone]
 Attorneys for SAMSUNG ELECTRONICS CO.,
LTD., SAMSUNG ELECTRONICS AMERICA,
 INC. and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC



UNITED STATES DISTRICT COURT



NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION


 APPLE INC., a California corporation,

CASE NO. 11-cv-01846-LHK



DECLARATION OF JOHN D’AMATO IN
SUPPORT OF SAMSUNG’S MOTIONS IN
LIMINE



Plaintiff,
vs.

 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,

Defendant.


Date:
Time:
Place:
Judge:

July 18, 2012
2:00 p.m.
Courtroom 8, 4th Floor
Hon. Lucy H. Koh



Case No. 11-cv-01846-LHK
DECLARATION OF JOHN D’AMATO

1

I, John D’Amato, declare:



1.

I am a partner with the law firm of Quinn Emanuel Urquhart & Sullivan, LLP,

 counsel for Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung
 Telecommunications America, LLC (collectively “Samsung”). I have personal knowledge of the
 facts set forth in this declaration and, if called upon as a witness, I could and would testify to such
 facts under oath.


2.

Attached hereto as Exhibit A is a true and correct copy of the document with the

 Bates numbers APLNDC-Y0000233442 to APLNDC-Y0000233444, marked previously as
 Exhibit CX-2368C at the hearing for In the Matter of Certain Electronic Digital Media Devices
 And Components Thereof, Inv. No. 337-TA-796.


3.

Attached hereto as Exhibit B is a true and correct copy of the document marked

 previously as CX-1738 at the hearing for In the Matter of Certain Electronic Digital Media
 Devices And Components Thereof, Inv. No. 337-TA-796.


4.

Attached hereto as Exhibit C is a true and correct copy of the document with the

 Bates numbers SAMNDCA10159856 to SAMNDCA10159858, marked previously as Exhibit
 CX-1529C at the hearing for In the Matter of Certain Electronic Digital Media Devices And
 Components Thereof, Inv. No. 337-TA-796.


5.

Attached hereto as Exhibit D is a true and correct copy of the Honorable Richard

 Posner’s May 25, 2012 Order in Apple, Inc. v. Motorola, Inc., Case No. 1:11‐cv‐08540 (N.D. Ill.)


6.

Attached hereto as Exhibit E is a true and correct copy of excerpts from the

 transcript of the April 17, 2012 deposition of Gee-Sung Choi.


7.

Attached hereto as Exhibit F is a true and correct copy of the Honorable Richard

 Posner’s June 22, 2012 Order in Apple, Inc. v. Motorola, Inc., Case No. 1:11‐cv‐08540 (N.D. Ill.)


8.

Attached hereto as Exhibit G is a true and correct copy of the document bearing

 the Bates numbers SAMNDCA10154003-53, along with a translation of the document.


9.

Attached hereto as Exhibit H is a true and correct copy of excerpts from the

 transcript of the February 24, 2012 deposition of Sangeun Lee.

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Case No. 11-cv-01846-LHK
DECLARATION OF JOHN D’AMATO

1

10.

Attached hereto as Exhibit I is a true and correct copy of the document bearing the

2 Bates numbers SAMNDCA00352115-182.
3

11.

Attached hereto as Exhibit J is a true and correct copy of excerpts from the

4 transcript of the February 22, 2012 deposition of Timothy Benner.
5

12.

Attached hereto as Exhibit K is a true and correct copy of the document bearing

6 the Bates numbers S-ITC-800042137-8.
7

13.

Attached hereto as Exhibit L is a true and correct copy of the translation of an

8 email bearing the Bates numbers SAMNDCA00044700.
9

14.

Attached hereto as Exhibit M is a true and correct copy of the document bearing

10 the Bates numbers SAMNDCA10167856-7.
11

15.

Attached hereto as Exhibit N is a true and correct copy of the document bearing

12 the Bates numbers SAMNDCA10969926-34, along with a translation of the document.
13

16.

Attached hereto as Exhibit O is a true and correct copy of Samsung Electronics

14 Co. Ltd.’s First Set of Interrogatories to Apple, Inc., served on August 3, 2011.
15

17.

Attached hereto as Exhibit P is a true and correct copy of Apple’s Objections and

16 Responses to Samsung Electronics Co. Ltd.’s First Set of Interrogatories, served September 12,
17 2011.
18

18.

Attached hereto as Exhibit Q is a true and correct copy of Apple’s Second

19 Amended Objections and Response to Samsung Electronics Co. Ltd.’s Interrogatory No. 5, served
20 March 8, 2012.
21

19.

Attached hereto as Exhibit R is a true and correct copy of Samsung’s Fourth Set of

22 Interrogatories to Apple Inc., served February 7, 2012.
23

20.

Attached hereto as Exhibit S is a true and correct copy of Apple’s Objections and

24 Responses to Samsung’s Fourth Set of Interrogatories, served March 10, 2012.
25

21.

Attached hereto as Exhibit T is a true and correct copy of Apple Inc.’s Corrected

26 Amended Objections and Responses to Samsung Electronics Co. Ltd.’s Interrogatory Nos. 4, 6, 7,
27 16, 17, 18, served March 9, 2012.
28
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Case No. 11-cv-01846-LHK
DECLARATION OF JOHN D’AMATO

1

22.

Attached hereto as Exhibit U is a true and correct copy of the Honorable Richard

2 Posner’s May 31, 2012 Order in Apple, Inc. v. Motorola, Inc., Case No. 1:11‐cv‐08540 (N.D. Ill.)
3

23.

Attached hereto as Exhibit V is a true and correct copy of the relevant portions of

4 the Expert Report of Ravin Balakrishnan, Ph.D. Regarding Infringement of U.S. Patent No.
5 7,469,381.
6

24.

Attached hereto as Exhibit W is a true and correct copy of the relevant portions of

7 the Expert Report of Karan Singh, Ph.D. Regarding Infringement of U.S. Patents Nos. 7,864,163,
8 7,844,915 and 7,853,891.
9

25.

On July 5, 2012, counsel for Apple indicated that Apple would not oppose

10 Samsung’s MIL No. 10, as demonstrated in an email from counsel for Apple Alison Tucher, a true
11 and correct copy of which is attached hereto as Exhibit X.
12

26.

1.

Attached hereto as Exhibit Y is a true and correct copy of the document

13 bearing the Bates numbers SAMNDCA00250864-87.
14
15

I declare under penalty of perjury that the foregoing is true and correct. Executed in Los

16 Angeles, California on July 5, 2012.
17
18
19

/s/ John D’Amato
John D’Amato

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Case No. 11-cv-01846-LHK
DECLARATION OF JOHN D’AMATO

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GENERAL ORDER ATTESTATION

2
I, Victoria Maroulis, am the ECF user whose ID and password are being used to file the
3
foregoing document. I hereby attest pursuant to General Order 45.X.B. that concurrence in the
4
electronic filing of this document has been obtained from John D’Amato.
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/s/ Victoria Maroulis
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Case No. 11-cv-01846-LHK
DECLARATION OF JOHN D’AMATO