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

Filing 1322

TRIAL BRIEF Samsung's Unsealed Trial Brief and Exhibits Thereto 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 Joby Martin, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18)(Maroulis, Victoria) (Filed on 7/25/2012) Modified on 8/7/2012 EXHIBIT 5, 6, 8 AND 11 HAVE NOT BEEN MANUALLY SUBMITTED TO THE CLERK'S OFFICE FOR FILING (dhm, COURT STAFF).

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1 QUINN EMANUEL URQUHART & SULLIVAN, LLP Charles K. Verhoeven (Bar No. 170151)  charlesverhoeven@quinnemanuel.com 50 California Street, 22nd Floor  San Francisco, California 94111 Telephone: (415) 875-6600  Facsimile: (415) 875-6700  Kevin P.B. Johnson (Bar No. 177129 kevinjohnson@quinnemanuel.com  Victoria F. Maroulis (Bar No. 202603) victoriamaroulis@quinnemanuel.com 555 Twin Dolphin Drive, 5th Floor  Redwood Shores, California 94065-2139 (650) 801-5000  Telephone: Facsimile: (650) 801-5100  Michael T. Zeller (Bar No. 196417)  michaelzeller@quinnemanuel.com 865 S. Figueroa St., 10th Floor  Los Angeles, California 90017 Telephone: (213) 443-3000  Facsimile: (213) 443-3100  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 JOBY MARTIN IN SUPPORT OF SAMSUNG’S TRIAL BRIEF  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.     02198.51855/4871770.1 Case No. 11-cv-01846-LHK MARTIN DECLARATION IN SUPPORT OF SAMSUNG'S TRIAL BRIEF 1 I, Joby Martin, declare as follows:  1. I am an associate in 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 submit this declaration in  support of Samsung’s Trial Brief. 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 1 is a true and correct copy of Defendant’s Exhibit No.  623, a document produced by Apple in this litigation bearing Bates label APLNDC NCC00000274.  3. Attached hereto as Exhibit 2 is a true and correct copy of Defendant’s Exhibit No.  690, a document produced by Apple in In Re Certain Electronic Digital Media Devices and  Components Thereof, Inv. No. 337-TA-796 ("ITC 796 Investigation"), bearing Bates label APL ITC-X0000016675.  4. Attached hereto as Exhibit 3 is a true and correct copy of Defendant’s Exhibit No.  562, a document produced by Apple in this litigation bearing Bates label APLNDC0003040119.  5. Attached hereto as Exhibit 4 is a true and correct copy of Defendant’s Exhibit No.  578, a document produced by Apple in the ITC 796 Investigation, bearing Bates label APL-ITC 0000119763.  6. Attached hereto as Exhibit 5 is a true and correct copy of Defendant’s Exhibit No.  522, a document produced by Samsung in this litigation bearing Bates label  SAMNDCA00321382.  7. Attached hereto as Exhibit 6 is a true and correct copy of Defendant’s Exhibit No.  625, a document produced by Samsung in this litigation bearing Bates label  SAMNDCA00321707.  8. Attached hereto as Exhibit 7 is a true and correct copy of Defendant’s Exhibit No.  519, a document produced by Samsung in this litigation bearing Bates label  SAMNDCA00255357.  02198.51855/4871770.1 Case No. 11-cv-01846-LHK -1MARTIN DECLARATION IN SUPPORT OF SAMSUNG'S TRIAL BRIEF 1 9. Attached hereto as Exhibit 8 is a true and correct copy of Defendant’s Exhibit No. 2 566, a document produced by Samsung in this litigation bearing Bates label 3 SAMNDCA00321539. 4 10. Attached hereto as Exhibit 9.is a true and correct copy of Defendant’s Exhibit No. 5 684, which is a chart prepared by Samsung’s counsel depicting a timeline of mobile phone 6 products released by Samsung before and after the release of the iPhone. 7 11. Attached hereto as Exhibit 10 is a true and correct copy of Defendant’s Exhibit No. 8 708, a document produced by Apple in this litigation bearing Bates label APLNDC0002230566. 9 12. Attached hereto as Exhibit 11 is a true and correct copy of Defendant’s Exhibit No. 10 714, a document produced by Apple in this litigation bearing Bates label APLNDC0002367163. 11 13. Attached hereto as Exhibit 12 is a true and correct copy of Defendant’s Exhibit No. 12 715, a document produced by Apple in the ITC 794 Investigation bearing Bates label 13 APL7940009836305. 14 14. Attached hereto as Exhibit 13 is a true and correct copy of Defendant’s Exhibit No. 15 717, a document produced by Apple in this litigation bearing Bates label APLNDC0002868532. 16 15. Attached hereto as Exhibit 14 is a true and correct copy of Defendant’s Exhibit No. 17 709, a document produced by Apple in the ITC 794 Investigation bearing Bates label 18 APL7940014663269. 19 16. Attached hereto as Exhibit 15 is a true and correct copy of Defendant’s Exhibit No. 20 710, a document produced by Apple in this litigation bearing Bates label APLNDC0001509486. 21 17. Attached hereto as Exhibit 16 is a true and correct copy of Defendant’s Exhibit No. 22 712, a document produced by Apple in this litigation bearing Bates label APLNDC0002230186. 23 18. Attached hereto as Ex. 17 is a true and correct copy of excerpts from the February 24 23, 2012 deposition transcript of Greg Joswiak, an Apple witness. 25 19. Attached hereto as Exhibit 18 is a true and correct copy of Defendant’s Exhibit No. 26 649, a document produced by Apple in this litigation bearing Bates label APLNDC0001207640. 27 28 02198.51855/4871770.1 Case No. 11-cv-01846-LHK -2MARTIN DECLARATION IN SUPPORT OF SAMSUNG'S TRIAL BRIEF 1 I declare under penalty of perjury under the laws of the United States that the foregoing is 2 true and correct. Executed on the 23rd day of July, 2012, in San Francisco, California. 3 4 5 ____/s/ Joby Martin Joby Martin 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 02198.51855/4871770.1 Case No. 11-cv-01846-LHK -3MARTIN DECLARATION IN SUPPORT OF SAMSUNG'S TRIAL BRIEF 1 2 General Order 45 Attestation I, Victoria F. Maroulis, am the ECF 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 Joby Martin has 4 concurred in this filing. 5 /s/ Victoria Maroulis 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 02198.51855/4871770.1 Case No. 11-cv-01846-LHK -4MARTIN DECLARATION IN SUPPORT OF SAMSUNG'S TRIAL BRIEF

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