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

Filing 1291

Statement (Joint) Regarding Use of Representative Products at Trial by Samsung Electronics America, Inc.(a New York corporation). (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Maroulis, Victoria) (Filed on 7/23/2012)

1
QUINN EMANUEL URQUHART & SULLIVAN, LLP
2 Charles K. Verhoeven (Bar No. 170151)
[e-mail]
nd
3 50 California Street, 22 Floor
San Francisco, California 94111
4 Telephone: [phone]
Facsimile: [phone]
5
Kevin P.B. Johnson (Bar No. 177129)
6 [e-mail]
Victoria F. Maroulis (Bar No. 202603)
7 [e-mail]
555 Twin Dolphin Drive, 5th Floor
8 Redwood Shores, California 94065-2139
Telephone: [phone]
9 Facsimile: [phone]
10 Michael T. Zeller (Bar No. 196417)
[e-mail]
11 865 S. Figueroa St., 10th Floor
Los Angeles, California 90017
12 Telephone: [phone]
Facsimile: [phone]
13
Attorneys for SAMSUNG ELECTRONICS CO.,
14 LTD., SAMSUNG ELECTRONICS AMERICA,
INC. and SAMSUNG
15 TELECOMMUNICATIONS AMERICA, LLC
16
UNITED STATES DISTRICT COURT
17
NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION
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19
APPLE INC., a California corporation,

CASE NO. 11-cv-01846-LHK

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Plaintiff,
21
vs.
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SAMSUNG ELECTRONICS CO., LTD., a
23 Korean business entity; SAMSUNG
ELECTRONICS AMERICA, INC., a New
24 York corporation; SAMSUNG
TELECOMMUNICATIONS AMERICA,
25 LLC, a Delaware limited liability company,

DECLARATION OF KETAN PATEL IN
SUPPORT OF JOINT STATEMENT
REGARDING USE OF
REPRESENTATIVE PRODUCTS AT
TRIAL

Defendants.

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02198.51855/4870388.1

Case No. 11-cv-01846-LHK
DECLARATION OF KETAN PATEL

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DECLARATION OF KETAN PATEL

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I, Ketan Patel, do hereby declare as follows:

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1.

I am an associate with Quinn Emanuel Urquhart & Sullivan, LLP, counsel for

4 Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung
5 Telecommunications America, LLC (collectively, “Samsung”). I submit this declaration in
6 support of the Joint Statement Regarding Use of Representative Products at Trial. I have personal
7 knowledge of the facts set forth in this declaration and, if called as a witness, could and would
8 competently testify to them under oath.
9

2.

Attached as Exhibit 1 to this declaration is a true and correct excerpt from the

10 Expert Report of Jeffrey Johnson, Ph.D. Regarding Non-Infringement of U.S. Patent No.
11 7,469,381.
12

3.

Attached as Exhibit 2 to this declaration is a true and correct excerpt from the April

13 20, 2012 Deposition Transcript of Ravin Balakrishnan, Ph.D. admitting that certain functionality
14 in the accused products were different than what is claimed in the ’381 patent.
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4.

Attached as Exhibit 3 to this declaration is a true and correct excerpt from the July

16 12, 2012 Deposition Transcript of Ravin Balakrishnan, Ph.D. limiting his infringement opinion to
17 the specific code running on the specific devices he inspected.
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5.

Attached as Exhibit 4 to this declaration are true and correct copies of Exhibits 11

19 and 13 from the Expert Report of Karan Singh, Ph.D. Regarding Infringement of U.S. Patent Nos.
20 7,864,163, 7,844,915 and 7,853,891 depicting the allegedly infringing functionality of a Samsung
21 Galaxy SII variant and a Samsung Vibrant device.
22

6.

Attached as Exhibit 5 to this declaration is a true and correct excerpt from the

23 October 28, 2011 Deposition Transcript of Richard Williamson testifying that Apple’s own
24 implementation of the patented software was refined over a period of time.
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7.

Attached as Exhibit 6 to this declaration is a true and correct copy of a draft

26 Stipulation and [Proposed] Order Regarding Use of Representative Products at Trial sent by Apple
27 and received by Samsung on July 21, 2012.
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02198.51855/4870388.1

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Case No. 11-cv-01846-LHK
DECLARATION OF KETAN PATEL

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I declare under penalty of perjury that the forgoing is true and correct to the best of my

2 knowledge.
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Executed this 23rd day of July, 2012, in San Jose, CA.

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/s/ Ketan Patel
Ketan Patel

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Case No. 11-cv-01846-LHK
DECLARATION OF KETAN PATEL

1 General Order 45 Attestation
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I, Victoria F. Maroulis, am the EF user whose ID and password are being used to file this

3 Declaration. In compliance with General Order 45(X)(B), I hereby attest that Ketan Patel has
4 concurred in this filing.
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DATE: July 23, 2012

/s/ Victoria Maroulis
Victoria Maroulis

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Case No. 11-cv-01846-LHK
DECLARATION OF KETAN PATEL