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

Filing 1206

Administrative Motion to File Under Seal filed by Apple Inc.. (Attachments: #1 [Public] Apple's Opposition to Samsung's Motions in Limine, #2 Declaration of Joseph Kanada, #3 Exhibit 8, #4 Exhibit 11, #5 Exhibit 13, #6 Exhibit 14, #7 Exhibit 15, #8 Errata 16, #9 Exhibit 17, #10 Exhibit 18, #11 Exhibit 19, #12 Exhibit 20, #13 Exhibit 21, #14 Exhibit 22, #15 Exhibit 23, #16 Exhibit 24, #17 Exhibit 25, #18 Exhibit 26, #19 Exhibit 27, #20 Exhibit 28, #21 Exhibit 29, #22 Exhibit 30, #23 Exhibit 31, #24 Exhibit 32, #25 Exhibit 33, #26 Exhibit 34, #27 Exhibit 35, #28 Exhibit 36, #29 Exhibit 37, #30 Exhibit 38, #31 Exhibit 39, #32 Exhibit 40)(Jacobs, Michael) (Filed on 7/10/2012)

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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,
Defendants.

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KANADA DECL. ISO APPLE’S OPP. TO SAMSUNG’S MOT. IN LIMINE
CASE NO. 11-CV-01846-LHK (PSG)

sf-3168430

Case No.

11-cv-01846-LHK (PSG)

DECLARATION OF
JOSEPH KANADA IN SUPPORT
OF APPLE’S OPPOSITION TO
SAMSUNG’S MOTIONS IN
LIMINE

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I, JOSEPH KANADA, declare as follows:

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1.

I am an associate in the law firm of Morrison & Foerster LLP, counsel for Apple

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

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before this Court. Unless otherwise indicated, I have personal knowledge of the matters stated

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herein or understand them to be true from members of my litigation team. I make this declaration

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in support of Apple’s Opposition to Samsung’s Motions in Limine.

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2.

Attached hereto as Exhibit 1 is a true and correct copy of an excerpt from the

document produced at SAMNDCA10809390.
3.

Attached hereto as Exhibit 2 is a true and correct copy of an excerpt from the

document produced at SAMNDCA11374409.
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Attached hereto as Exhibit 3 is a true and correct copy of an excerpt from the

document produced at SAMNDCA11010883.
5.

Attached hereto as Exhibit 4 is a true and correct copy of an excerpt from the

document produced at SAMNDCA 110300081.
6.

Attached hereto as Exhibit 5 is a true and correct copy of an excerpt from the

expert report of Peter Bressler, FIDSA, dated April 16, 2012.
7.

Attached hereto as Exhibit 6 is a true and correct copy of an excerpt from the

transcript of the February 17, 2012 deposition of Don Joo Lee.
8.

Attached hereto as Exhibit 7 is a true and correct copy of an excerpt from

Plaintiff’s Trial Exhibit 26.
9.

Attached hereto as Exhibit 8 is a true and correct copy of an excerpt from

Samsung’s Draft Jury Instructions.
10.

Attached hereto as Exhibit 9 is a true and correct copy of an excerpt from the

transcript of the February 24, 2012 deposition of Sangeun Lee.
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Attached hereto as Exhibit 10 is a true and correct copy of an excerpt from the

transcript of the February 22, 2012 deposition of Timothy Benner.
12.

Attached hereto as Exhibit 11 is a true and correct copy of Apple’s Response to

Interrogatory 5, dated March 4, 2012.
KANADA DECL. ISO APPLE’S OPP. TO SAMSUNG’S MOT. IN LIMINE
CASE NO. 11-CV-01846-LHK (PSG)

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13.

Samsung’s expert on ergonomic issues, Mark Lehto, presented numerous

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arguments in his expert report relating to the purported functionality of Apple’s design patents

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and trade dress. Many of those arguments were disclosed by Samsung for the first time in its

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March 7, 2012 response to Apple’s Interrogatory No. 40. Despite the timing of this disclosure,

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Apple did not move to strike any portion of Mark Lehto’s expert report.

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expert report of Robert Anders, IDSA, dated April 16, 2012.

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Attached hereto as Exhibit 12 is a true and correct copy of an excerpt from the

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Attached hereto as Exhibit 13 is a true and correct copy of a press release on the

Samsung website, available at http://www.samsung.com/us/news/newsRead.do?news_seq=19816
and accessed on July 10, 2012.

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16.

Attached as Exhibit 14 is a true and correct copy of information from Samsung’s

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website regarding the Galaxy S 4G, available at http://www.samsung.com/us/mobile/cell-

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phones/SGH-T959HABTMB-buy and accessed on July 8, 2012.

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17.

Attached as Exhibit 15 is a true and correct copy of information from Samsung’s

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website regarding the Infuse 4G, available at http://www.samsung.com/us/mobile/cell-

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phones/SGH-I997ZKAATT and accessed on July 8, 2012.

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Attached as Exhibit 16 is a true and correct copy of information from Samsung’s

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website regarding the Tab 7 Plus, available at http://www.samsung.com/us/mobile/galaxy-

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tab/GT-P6210MAYXAR-buy and accessed on July 8, 2012.

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19.

Attached as Exhibit 17 is a true and correct copy of information from Samsung’s

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website regarding the Tab 7.7, available at http://www.samsung.com/us/mobile/galaxy-tab/SCH-

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I815LSAVZW-buy and accessed on July 8, 2012.

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Attached as Exhibits 18 and 19 are true and correct copies of information from

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Samsung’s website regarding the Captivate with Android 2.3, available at

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http://www.samsung.com/us/mobile/cell-phones/SGH-I897ZKAATT &

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http://www.samsung.com/us/mobile/cell-phones/SGH-I897ZKAATT-buy and accessed on July 9,

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2012.

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KANADA DECL. ISO APPLE’S OPP. TO SAMSUNG’S MOT. IN LIMINE
CASE NO. 11-CV-01846-LHK (PSG)

sf-3168430

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Attached as Exhibits 20 and 21 are true and correct copies of information from

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Samsung’s website regarding the Droid Charge with Android 2.2, available at

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http://www.samsung.com/us/mobile/cell-phones/SCH-I510RAAVZW &

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http://www.samsung.com/us/mobile/cell-phones/SCH-I510RAAVZW-buy and accessed on

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July 9, 2012.

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Attached as Exhibits 22 and 23 are true and correct copies of information from

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Samsung’s website regarding the Epic 4G with Android 2.3, available at

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http://www.samsung.com/us/mobile/cell-phones/SPH-D700ZKASPR &

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http://www.samsung.com/us/mobile/cell-phones/SPH-D700ZKASPR-buy and accessed on

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July 9, 2012.
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Attached as Exhibits 24 and 25 are true and correct copies of information from

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Samsung’s website regarding the Exhibit 4G with Android 2.3, available at

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http://www.samsung.com/us/mobile/cell-phones/SGH-T759ZKBTMB &

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http://www.samsung.com/us/mobile/cell-phones/SGH-T759ZKBTMB-buy and accessed on

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July 9, 2012.

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Attached as Exhibits 26 and 27 are true and correct copies of information from

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Samsung’s website regarding the Galaxy S 4G with Android 2.3, available at

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http://www.samsung.com/us/mobile/cell-phones/SGH-T959HABTMB-features &

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http://www.samsung.com/us/mobile/cell-phones/SGH-T959HABTMB-buy and accessed on

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July 9, 2012.

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25.

Attached as Exhibits 28 and 29 are true and correct copies of information from

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Samsung’s website regarding the Galaxy S II (Epic 4G Touch) with Android 2.3.4, available at

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http://www.samsung.com/us/mobile/cell-phones/SPH-D710ZKASPR-features &

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http://www.samsung.com/us/mobile/cell-phones/SPH-D710ZKASPR-buy and accessed on

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July 9, 2012.

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Attached as Exhibits 30 and 31 are true and correct copies of information from

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Samsung’s website regarding the Gravity Smart with Android 2.2, available at

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http://www.samsung.com/us/mobile/cell-phones/SGH-T589HBBTMB &
KANADA DECL. ISO APPLE’S OPP. TO SAMSUNG’S MOT. IN LIMINE
CASE NO. 11-CV-01846-LHK (PSG)

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http://www.samsung.com/us/mobile/cell-phones/SGH-T589HBBTMB-buy and accessed on

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July 9, 2012.

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Attached as Exhibits 32 and 33 are true and correct copies of information from

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Samsung’s website regarding the Mesmerize with Android 2.1, available at

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http://www.samsung.com/us/mobile/cell-phones/SCH-I500RKAUSC &

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http://www.samsung.com/us/mobile/cell-phones/SCH-I500RKAUSC-buy and accessed on July 9,

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2012.

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Attached as Exhibits 34 and 35 are true and correct copies of information from

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Samsung’s website regarding the Nexus S with Android 2.3, available at

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http://www.samsung.com/us/mobile/cell-phones/GT-I9020PWAATT &

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http://www.samsung.com/us/mobile/cell-phones/GT-I9020PWAATT-buy and accessed on July 9,

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2012.

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Attached as Exhibits 36 and 37 are true and correct copies of information from

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Samsung’s website regarding the Replenish with Android 2.3, available at

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http://www.samsung.com/us/mobile/cell-phones/SPH-M580ZKASPR &

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http://www.samsung.com/us/mobile/cell-phones/SPH-M580ZKASPR-buy and accessed on

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July 9, 2012.

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Attached as Exhibit 38 is a true and correct copy of information from Amazon’s

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website regarding the Tab 8.9 LTE, available at

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http://www.amazon.com/dp/B006O13O1Q/ref=asc_df_B006O13O1Q2088406?smid=A3H89AD

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JHTH9SN&tag=cnet-pc-20.

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31.

Attached hereto as Exhibit 39 is a true and correct copy of an excerpt from the

expert report of Ravin Balakrishnan, Ph.D., dated March 22, 2012.
32.

Attached hereto as Exhibit 40 is a true and correct copy of an excerpt from the

expert report of Karan Singh, Ph.D., dated March 22, 2012.
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Attached hereto as Exhibit 41 is a true and correct copy of an excerpt of the

transcript of the March 5, 2012 deposition of Jun Won Lee.

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KANADA DECL. ISO APPLE’S OPP. TO SAMSUNG’S MOT. IN LIMINE
CASE NO. 11-CV-01846-LHK (PSG)

sf-3168430

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The depositions of Jun Won Lee, Boris Teksler, and Chip Lutton addressed

Apple’s efforts to provide notice and explain its allegations.
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Apple produced documents relating to the negotiations with Samsung in the

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summer and fall of 2010 in July 2011. Several of these documents were used as exhibits during

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Chip Lutton’s deposition on July 26, 2011 and were incorporated into Samsung’s opposition to

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Apple’s motion for a preliminary injunction in August 2011.

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36.

Attached as Exhibit 42 is a true and correct copy of Schedule 4.2 from the updated

Tab 2 to the expert report of Michael Wagner dated May 4, 2012.
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Attached as Exhibit 43 is a true and correct copy of an excerpt from the transcript

of the May 12, 2012 deposition of Michael Wagner.
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Attached as Exhibit 44 is a true and correct copy of an excerpt from the transcript

of the January 24, 2012 deposition of Timothy Sheppard.
I declare under penalty of perjury that the foregoing is true and correct. Executed this
10th day of July, 2012 at Palo Alto, California.

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/s/ Joseph Kanada
Joseph Kanada

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KANADA DECL. ISO APPLE’S OPP. TO SAMSUNG’S MOT. IN LIMINE
CASE NO. 11-CV-01846-LHK (PSG)

sf-3168430

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ATTESTATION OF E-FILED SIGNATURE

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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 Joseph Kanada has

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concurred in this filing.

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Dated: July 10, 2012

/s/Michael A. Jacobs
Michael A. Jacobs

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KANADA DECL. ISO APPLE’S OPP. TO SAMSUNG’S MOT. IN LIMINE
CASE NO. 11-CV-01846-LHK (PSG)

sf-3168430

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