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

Filing 1341

Unredacted Exhibit A to Samsung's Objections to Apple's Exhibit List (Dkt. No. 1236) by Samsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company) re 1256 Order on Administrative Motion to File Under Seal, (Maroulis, Victoria) (Filed on 7/25/2012) Modified text on 7/26/2012 (dhm, COURT STAFF).

EXHIBIT A
(Filed Under Seal)

1


Exhibit A - Samsung's General Objections to Apple's Exhibit List
Samsung generally objects to Apple’s Exhibit List for all the reasons discussed in

 Samsung’s motions in limine, filed on July 5, 2012. Samsung further objects to the extent Apple’s
 exhibits are translations that are inaccurate and/or misleading. Samsung will serve its specific
 objections to Apple’s proposed translations according to the schedule agreed to by the parties.
 Finally, Samsung reserves the right to raise additional objections during the proceedings,
 depending on the manner in which an exhibit is offered into evidence.
 Samsung’s Objection To Apple’s Effort To Circumvent The 125-Exhibit Limit By
Designating Multiple Documents As Single Exhibits

Apple has blatantly violated the Court’s July 9, 2012 Minute Order and Case Management

Order which provides that the parties may each identify only 125 exhibits, not counting rebuttal

and impeachment exhibits. Apple makes a complete end-run around the Court’s restriction on the

number of exhibits by artificially combining a large numbers of separate exhibits under a single

exhibit number. Left unchecked, Apple’s gamesmanship will severely penalize Samsung for

playing by the rules and listing 125 proper exhibits. And Samsung is not complaining about a

small number of additional exhibits: Apple crams roughly 498 exhibits into multi-document

“Exhibits” 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 17, 18, 19, 20, 21, 22, 25, 26, 27, 28, 29, and

123. This prejudicial violation of the Court’s effort to streamline this trial should not be

permitted.

For example, Apple’s Exhibit 1 is a 99-page exhibit broken into seven subparts with the

following titles: (i) Sketches of Pre-iPhone Designs Considered by Apple, (ii) CAD Images of

Pre-iPhone Designs Considered by Apple, (iii) Photographs of Models of Pre-iPhone Designs

Considered by Apple, (iv) Photographs of Other Models of Designs Considered by Apple,

(v) Sketches of Pre-iPad Designs Considered by Apple, (vi) CAD Images of Pre-iPad Designs

Considered by Apple, and (vii) Photographs of Models of Tablet Designs Considered by Apple.

This “exhibit” consists of over 249 images that Apple cobbled together from roughly 34 different

sources: some of the documents incorporated into this exhibit were produced in this or related

actions; some have no identification or attribution at all; and some are themselves freestanding

02198.51855/4858218.1

Case No. Case No. 11-cv-01846-LHK
-1SAMSUNG'S OBJECTIONS TO APPLE'S EXHIBIT LIST, PROPOSED JOINT EXHIBIT LIST AND
DEPOSITION DESIGNATIONS

1 declaration exhibits, expert report exhibits, and trial exhibits from the recent ITC hearing. No
2 matter how you look at it, this collection of documents cannot be considered one exhibit.
3

As another example, Exhibit 26, which Apple claims will be sponsored by its expert, Mr.

4 Musika, consists of an elaborate chart containing selective and biased quotations from--or
5 comments about--a total of 123 separate and unrelated documents. The total number of
6 documents quoted in this one exhibit almost exceeds the number of permitted exhibits. And
7 Exhibit 27 consists of a chart titled “Summary of Select Document Reflecting Comments on the
8 Smartphone and Tablet Marketplace.” The chart consists of 40 separate line items and each line
9 item contains direct quotations from random third party and Samsung documents that bear no
10 relation to each other. Many of the documents being quoted from were marked as separate
11 exhibits during depositions taken in this matter. As these examples show, Apple’s efforts to
12 shoehorn the content of a multitude of documents into a single exhibit is a clear violation of the
13 Court’s order.
14

In the same vein, Apple’s Exhibit 5 contains select quotations from nine press reports

15 followed by the reports themselves. Exhibit 6 contains quotations from 18 press reports followed
16 by the reports themselves, and Exhibit 17 contains quotations from 28 different news articles and
17 the articles themselves. Each of the reports and articles within these exhibits is a separate, free18 standing document and should count as one exhibit.
19

Apple has also engaged in egregious conduct with video compilations. Exhibit 12 consists

20 of 68 different video files, each containing a separate iPhone advertisement. Likewise, Exhibit 14
21 is comprised of 27 media clips regarding the iPad and iPhone. Once again, each video file is a
22 separate exhibit.
23

Apple has done the same thing with improper compilations of pictures and documents

24 related to alleged design alternatives. Exhibit 10, with a title of “Alternative Designs” on the first
25 page, is a 141-page exhibit consisting of numerous images of 13 different products. Exhibit 20 is
26 a 178-page exhibit with headings such as “Smartphone Alternative Designs,” “Tablet Alternative
27 Designs” and “GUI Alternative Designs.” It includes images and documents relating to 33
28 additional products. These alleged alternative designs are analogous to the prior art references that
02198.51855/4858218.1

Case No. Case No. 11-cv-01846-LHK
-2SAMSUNG'S OBJECTIONS TO APPLE'S EXHIBIT LIST, PROPOSED JOINT EXHIBIT LIST AND
DEPOSITION DESIGNATIONS

1 Samsung included on its exhibit list individually with separate exhibit numbers because they are
2 separate products or other references. If Apple were playing by the rules like Samsung did, then
3 each alleged alternative product would be a separate exhibit.
4

None of these exhibits is permissible as a Federal Rule of Evidence 1006 summary.

5 Indeed, Apple appears to concede this point for all but one of its multi-document "compilations"
6 because Apple identified only Exhibit 123 as an "FRE 1006 summary" in its exhibit list. Federal
7 Rule of Evidence 1006 provides that a party may “use a summary, chart, or calculation to prove
8 the content of voluminous writings, recordings, or photographs that cannot be conveniently
9 examined in court.” Fed. R. Evid. 1006. Federal Rule of Evidence 1006 does not apply to
10 documents that are straightforward and are not voluminous. Highland Capital Mgmt., L.P. v.
11 Schneider, 551 F. Supp. 2d 173, 190 (S.D.N.Y. 2008) (FRE 1006 summaries may only be used
12 when the underlying evidence is so voluminous that it cannot conveniently be examined by a jury
13 and cannot be used where the underlying evidence is “relatively straightforward”). It is typically
14 used to summarize “concrete, mathematical, objective information [that] is capable of accurate
15 presentation in chart or summary form.” U.S. v. Stone, 2012 WL 441168, at *5 (E.D. Mich. Feb.
16 10, 2012); see also United States v. Johnson, 594 F.2d 1253, 1255 (9th Cir. 1979) (“The purpose
17 of Rule 1006 is to allow the use of summaries when the volume of documents being summarized
18 is so large as to make their use impractical or impossible.”) To be sure, Exhibit 123 is no
19 exception to Apple’s improper exhibit designations. The five freestanding documents contained in
20 Exhibit 123 are not voluminous, are straightforward, and can be “conveniently examined in court.”
21 Accordingly, the Court should strike exhibits 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 17, 18, 19, 20,
22 21, 22, 25, 26, 27, 28, 29, and 123 because Apple has violated the Court’s order limiting the
23 number of exhibits for each side to 125. If the Court decides to permit any portion of these
24 exhibits, Samsung should not be disadvantaged because it played by the rules. Instead, Samsung
25 should be granted the right to include 498 additional exhibits on its exhibit list.
26
27
28
02198.51855/4858218.1

Case No. Case No. 11-cv-01846-LHK
-3SAMSUNG'S OBJECTIONS TO APPLE'S EXHIBIT LIST, PROPOSED JOINT EXHIBIT LIST AND
DEPOSITION DESIGNATIONS

TRIAL
EXH.
NO.
1

N/A

N/A

Phone and
Tablet Designs
Considered by
Apple

N/A

N/A

Christopher
Stringer

2

N/A

N/A

Phone and
Tablet Invention
CAD Images

N/A

N/A

Christopher
Stringer

3

N/A

N/A

Timeline of
Samsung
Smartphones

N/A

N/A

Peter Bressler

4

N/A

N/A

Timeline of
Samsung
Tablets

N/A

N/A

Peter Bressler

5

N/A

N/A

Summary of
Press Reports
Regarding
Samsung
Tablet Designs

N/A

N/A

Peter Bressler

6

N/A

N/A

Summary of
Press Reports
Regarding
Samsung
Phone Designs

N/A

N/A

Peter Bressler

DEPO
EX. NO.

02198.51855/4858218.1

DATE

DESCRIPTION

BEGBATES

ENDBATES

SPONSORING
WITNESS

PURPOSE
Offered in
support of
Apple's trade
dress and
design patent
claims
Offered in
support of
Apple's trade
dress and
design patent
claims
Offered in
support of
Apple's trade
dress and
design patent
claims
Offered in
support of
Apple's trade
dress and
design patent
claims
Offered in
support of
Apple's trade
dress and
design patent
claims
Offered in
support of
Apple's trade
dress and
design patent
claims

MARKED

ADMITTED

OBJECTIONS
lacks foundation,
402, 802, 602, I, D,
U, 403, lacks
sponsoring witness,
MIL 1, MIL 3
lacks foundation,
402, 802, 602, I, D,
U, 403, lacks
sponsoring witness,
MIL 1, MIL 3
lacks foundation,
misleading,
incomplete, 402, 802,
602, I, D, U, 403,
lacks sponsoring
witness, MIL 3, MIL 7
lacks foundation,
lacks sponsoring
witness, misleading,
incomplete, 402, 802,
602, I, D, U, 403,
MIL 3, MIL 7
lacks foundation,
lacks sponsoring
witness, misleading,
incomplete, 402, 403,
802, 602, I, MIL 2, D,
U, MIL 1
lacks foundation,
misleading,
incomplete, 402, 802,
602, I, MIL 2, 403, D,
U, lacks sponsoring
witness, MIL 1

Case No. Case No. 11-cv-01846-LHK
-4SAMSUNG'S OBJECTIONS TO APPLE'S EXHIBIT LIST, PROPOSED JOINT EXHIBIT LIST AND DEPOSITION DESIGNATIONS

TRIAL
EXH.
NO.
7

N/A

N/A

Photographs of
accused
Samsung
devices

N/A

N/A

Peter Bressler

8

N/A

N/A

Photographs of
iPhone and
iPad

N/A

N/A

Peter Bressler

9

N/A

N/A

Translation of
email from
Dong Jin Koh
dated
September 16,
2008

SAMNDCA1137
4409

SAMNDCA11374
414

Karan Singh

10

N/A

N/A

Design
alternatives
considered by
P. Peter
Bressler

N/A

N/A

Peter Bressler

11

N/A

N/A

iPhone and
iPad
Advertisements

N/A

N/A

Philip Schiller

12

N/A

N/A

iPhone
Television
Advertisements

N/A

N/A

Philip Schiller

DEPO
EX. NO.

02198.51855/4858218.1

DATE

DESCRIPTION

BEGBATES

ENDBATES

SPONSORING
WITNESS

PURPOSE
Offered in
support of
Apple's trade
dress and
design patent
claims
Offered in
support of
Apple's trade
dress and
design patent
claims
Damages,
willfulness,
secondary
considerations,
utility patent
claims, trade
dress and
design patent
claims, copying.
Offered in
support of
Apple's trade
dress and
design patent
claims
Offered to
establish public
awareness of
the designs of
the iPhone and
iPad
Offered to
establish public
awareness of
the designs of
the iPhone and
iPad

MARKED

ADMITTED

OBJECTIONS
lacks foundation,
802, 602, I, U, D, MIL
7, 402, 403, 1002,
lacks sponsoring
witness, misleading,
MIL 3
lacks foundation,
802, 602, I, U, D, MIL
7, 402, 403, 1002,
misleading, MIL 1

lacks foundation,
802, misleading,
lacks sponsoring
witness, 602, MIL 6,
translation, not
disclosed in expert
report, 402, 403,
702/703, MIL 1
lacks foundation,
402, 802, 602, I, U,
D, 403, MIL 1, MIL 3

lacks foundation,
cumulative, 802, 602,
I, U, MIL 1, 402, 403,
D

lacks foundation,
cumulative, 802, 602,
I, U, MIL 1, 402, 403,
D

Case No. Case No. 11-cv-01846-LHK
-5SAMSUNG'S OBJECTIONS TO APPLE'S EXHIBIT LIST, PROPOSED JOINT EXHIBIT LIST AND DEPOSITION DESIGNATIONS

TRIAL
EXH.
NO.
13

N/A

N/A

iPad Television
Advertisements

N/A

N/A

Philip Schiller

14

N/A

N/A

iPhone & iPad
Appearances in
Popular Media

N/A

N/A

Philip Schiller

15

N/A

N/A

Apple’s Sales of
iPhone and
iPad

N/A

N/A

Philip Schiller

16

N/A

N/A

iPhone and
iPad marketing
expenditures

N/A

N/A

Philip Schiller

17

N/A

N/A

Summary of
iPhone and
iPad News
Coverage

N/A

N/A

Philip Schiller

DEPO
EX. NO.

02198.51855/4858218.1

DATE

DESCRIPTION

BEGBATES

ENDBATES

SPONSORING
WITNESS

PURPOSE
Offered to
establish public
awareness of
the designs of
the iPhone and
iPad
Offered to
establish public
awareness of
the designs of
the iPhone and
iPad
Offered to
establish public
awareness of
the designs of
the iPhone and
iPad
Offered to
establish public
awareness of
the designs of
the iPhone and
iPad
Offered to
establish public
awareness of
the designs of
the iPhone and
iPad, secondary
considerations
of nonobviousness,
damages.

MARKED

ADMITTED

OBJECTIONS
lacks foundation,
cumulative, 802, 602,
I, U, MIL 1, 402, 403,
D

lacks foundation,
cumulative,
misleading, 802, 602,
I, U, MIL 1, 402, 403,
D, lacks sponsoring
witness
lacks foundation,
802, 602, U, D, MIL
1, 402, 403, lacks
sponsoring witness

authenticity, lacks
foundation, 802, 602,
1002, U, D, MIL 1,
402, 403, lacks
sponsoring witness
802, 402, lacks
foundation, 403,
misleading, 1002,
authenticity,
incomplete, lacks
sponsoring witness,
701, I, MIL 1, MIL 2,
D, U, cumulative,
602, MIL 3

Case No. Case No. 11-cv-01846-LHK
-6SAMSUNG'S OBJECTIONS TO APPLE'S EXHIBIT LIST, PROPOSED JOINT EXHIBIT LIST AND DEPOSITION DESIGNATIONS

TRIAL
EXH.
NO.
18

N/A

N/A

Apple market
research

N/A

N/A

Philip Schiller

19

N/A

N/A

Designs
Considered by
Apple

N/A

N/A

Scott Forstall

20

N/A

N/A

Design
alternatives
considered by
A. Hedge

N/A

N/A

Alan Hedge

21

N/A

N/A

Screen
captures
considered by
S. Kare

N/A

N/A

Susan Kare

22

N/A

N/A

Design
alternatives
considered by
S. Kare

N/A

N/A

Susan Kare

DEPO
EX. NO.

02198.51855/4858218.1

DATE

DESCRIPTION

BEGBATES

ENDBATES

SPONSORING
WITNESS

PURPOSE
Offered to
establish public
awareness of
the designs of
the iPhone and
iPad, secondary
considerations
of nonobviousness,
damages.
Offered in
support of
Apple's trade
dress and
design patent
claims
Offered in
support of
Apple's trade
dress and
design patent
claims
Offered in
support of
Apple's trade
dress and
design patent
claims
Offered in
support of
Apple's trade
dress and
design patent
claims

MARKED

ADMITTED

OBJECTIONS
802, lacks
foundation, 403,
misleading,
authenticity, lacks
sponsoring witness,
602, D, MIL 1, U,
402, incomplete, I

lacks foundation,
402, 802, 602, I, U,
D, 403, incomplete,
lacks sponsoring
witness, MIL 1, MIL 3
lacks foundation,
402, 802, 602, I, U,
D, 403, misleading,
MIL 1, MIL 3

lacks foundation,
802, 602, I, U, D,
402, 403, MIL 1, MIL
3

lacks foundation,
402, 403, 802, 602, I,
U, D, MIL 1, MIL 3,
includes references
that have been
stricken by Judge
Grewal

Case No. Case No. 11-cv-01846-LHK
-7SAMSUNG'S OBJECTIONS TO APPLE'S EXHIBIT LIST, PROPOSED JOINT EXHIBIT LIST AND DEPOSITION DESIGNATIONS

TRIAL
EXH.
NO.
23

N/A

N/A

Summary of Hal
Poret's
Secondary
Meanings
Surveys

N/A

N/A

Hal Poret

24

N/A

N/A

Summary of
Kent Van
Liere's
Association/Co
nfusion Surveys

N/A

N/A

Kent Van Liere

25

N/A

N/A

Summary of
Apple's
damages
calculations

N/A

N/A

Terry Musika

26

N/A

N/A

N/A

N/A

Terry Musika

27

N/A

N/A

Summary of
selected
documents
reflecting
comments on
demand for
Apple's
intellectual
property
Summary of
selected
documents
reflecting
comments on
the smartphone
and tablet
marketplace

N/A

N/A

Terry Musika

DEPO
EX. NO.

02198.51855/4858218.1

DATE

DESCRIPTION

BEGBATES

ENDBATES

SPONSORING
WITNESS

PURPOSE
Offered in
support of
Apple's trade
dress and
design patent
claims
Offered in
support of
Apple's trade
dress and
design patent
claims
Offered in
support of
Apple's trade
dress and
design patent
claims,
damages and
secondary
considerations
Offered in
support of
Apple's trade
dress and
design patent
claims,
damages and
secondary
considerations
Offered in
support of
Apple's trade
dress and
design patent
claims,
damages and
secondary
considerations

MARKED

ADMITTED

OBJECTIONS
402, 802, 602,
702/703, U, D, 403,
incomplete, MIL 2,
MIL 3

402, 802, 602,
702/703, U, D, 403,
incomplete, MIL 2,
MIL 3

lacks foundation,
802, 403, misleading,
overbroad,
authenticity, lacks
sponsoring witness,
602, MIL 8, D, U,
702/703, MIL 9, I

402, lacks
foundation, 802, 403,
misleading, 1002,
overbroad,
authenticity, lacks
sponsoring witness,
602, I, MIL 1, MIL 6,
incomplete, D, U,
702/703, MIL 2
402, lacks
foundation, 802, 403,
misleading, 1002,
overbroad,
authenticity, lacks
sponsoring witness,
602, I, MIL 1, MIL 6,
MIL 9, incomplete, D,
U, 702/703, MIL 8,
MIL 2, MIL 3

Case No. Case No. 11-cv-01846-LHK
-8SAMSUNG'S OBJECTIONS TO APPLE'S EXHIBIT LIST, PROPOSED JOINT EXHIBIT LIST AND DEPOSITION DESIGNATIONS

TRIAL
EXH.
NO.
28

N/A

N/A

Summary of
Samsung’s
fixed, variable,
and nonproduct costs

N/A

N/A

Terry Musika

Damages

29

N/A

N/A

N/A

N/A

Terry Musika

Damages

30

N/A

N/A

Summary and
comparison of
Samsung
financial data
from different
sources in
Samsung's
production
Summary of
survey
conducted by J.
Hauser

N/A

N/A

John Hauser

Damages and
secondary
considerations.

DEPO
EX. NO.

02198.51855/4858218.1

DATE

DESCRIPTION

BEGBATES

ENDBATES

SPONSORING
WITNESS

PURPOSE

MARKED

ADMITTED

OBJECTIONS
lacks foundation,
802, 403, misleading,
1002, authenticity,
lacks sponsoring
witness, 602, I, MIL
8, MIL 9, D, U, 402,
702/703
402, lacks
foundation, 802, 403,
misleading, 1002,
authenticity, lacks
sponsoring witness,
602, I, MIL 8, MIL 9,
D, U, 702/703
402, lacks
foundation, 802, 403,
misleading, 1002,
authenticity, 602, D,
MIL 1, incomplete, U,
702/703, MIL 2, MIL
3

Case No. Case No. 11-cv-01846-LHK
-9SAMSUNG'S OBJECTIONS TO APPLE'S EXHIBIT LIST, PROPOSED JOINT EXHIBIT LIST AND DEPOSITION DESIGNATIONS

TRIAL
EXH.
NO.
31

DEPO
EX. NO.
N/A

DATE
N/A

DESCRIPTION
Selection of
Samsung
source code
from Bates
range
SAMNDCAC000000001 SAMNDCAC000009221

32

Video of iPhone
Launch at
Macworld 2007

33

Apple Design
(Sabine
Schulze & Ina
Gratz eds.)

02198.51855/4858218.1

SPONSORING
WITNESS

BEGBATES

ENDBATES

PURPOSE

MARKED

ADMITTED

OBJECTIONS

SAMNDCAC000002368;SA
MNDCAC000002440;SA
MNDCAC000002481;SA
MNDCAC000002559;
SAMNDCAC000002807;
SAMNDCAC000003597;SA
MNDCAC000005715;SA
MNDCAC000006084;
SAMNDCAC000006277;
SAMNDCAC000003501;SA
MNDCAC000007702;
SAMNDCAC000007890;SA
MNDCAC000008045
APLNDCY0000066914

SAMNDCAC000002420;SAM
NDCAC000002476;SAM
NDCAC000002529;
SAMNDCAC000002636;SAM
NDCAC000002968;SAM
NDCAC000003714;SAM
NDCAC000005969;SAM
NDCAC000006166;SAM
NDCAC000006331;
SAMNDCAC000003549;SAM
NDCAC000007786;SAM
NDCAC000008007;SAM
NDCAC000008180
APLNDCY0000066914

Karan Singh;
Ravin
Balakrishnan

Offered in
support of
Apple's utility
patent claims.

lacks sponsoring
witness, D, MIL 6

Boris Teksler

Damages,
willfulness,
secondary
considerations.

APLNDCY0000151129

APLNDCY0000151450

Philip Schiller;
Christopher
Stringer

Offered in
support of
Apple's trade
dress and
design patent
claims

402, lacks
foundation, 802, 403,
misleading, 701,
overbroad,
authenticity, lacks
sponsoring witness,
602, MIL 1
lacks foundation,
402, 802, 403, lacks
sponsoring witness,
MIL 1, MIL 2

Case No. Case No. 11-cv-01846-LHK
-10SAMSUNG'S OBJECTIONS TO APPLE'S EXHIBIT LIST, PROPOSED JOINT EXHIBIT LIST AND DEPOSITION DESIGNATIONS

TRIAL
EXH.
NO.
34

DEPO
EX. NO.

SPONSORING
WITNESS

DATE

DESCRIPTION

BEGBATES

ENDBATES

Ex. 1733;
Ex. 2012;
Ex. 2148

9/1/2007

SAMNDCA1080
9390

SAMNDCA10809
460

Terry Musika;
Seogguen Kim;
Dong Hoon
Chang;
Sungsik Lee

Damages,
secondary
considerations,
design and
trade dress
claims, copying.

402, 802, lacks
foundation, 403,
misleading,
overbroad, lacks
sponsoring witness,
MIL 1, translation

35

Ex. 1394

12/14/20
08

Translation of
Presentation:
Feasibility
Review on
Standalone AP
Business for
Smart Phone
Market
Email from J.
Boltello re:
Additional
wallpapers for
Genie

SAMNDCA1024
7689

SAMNDCA10247
704

Susan Kare

36

Ex.
2006Ex.
1654

12/17/20
08

SAMNDCA0019
1811

SAMNDCA00191
987

Peter Bressler;
Russell Winer;
Others

37

Ex.
2009Ex.
2151

12/24/20
08

Presentation:
Touch Portfolio
Rollout Strategy
Recommendati
on Based on
Consumer
Insight
Translation of
presentation:To
uch Portfolio
Key Takeaways

Damages,
secondary
considerations,
design and
trade dress
claims, copying.
Damages,
secondary
considerations,
design and
trade dress
claims, copying.

SAMNDCA1080
5169

SAMNDCA10805
175

Seogguen Kim;
Sungsik Lee;
Dong Hoon
Chang; Won
Pyo Hong;
Dale Sohn

Damages,
secondary
considerations,
design and
trade dress
claims, copying.

Presentation:
Browser
Zooming
Methods UX
Exploration
Study

SAMNDCA1110
4115

SAMNDCA11104
139

Karan Singh

Damages,
willfulness,
secondary
considerations,
utility patent
claims, trade
dress and
design patent
claims, copying.

802, lacks
foundation, 403,
misleading, lacks
sponsoring witness,
602, MIL 1, 402,
702/703, translation
802, lacks
foundation, 403,
misleading,
overbroad, lacks
sponsoring witness,
MIL 1, 402, 702/703,
602, MIL 2
802, lacks
foundation, 403,
misleading,
overbroad, lacks
sponsoring witness,
MIL 1, 402, 602,
translation, MIL 2
802, lacks
foundation, 403,
misleading,
overbroad, lacks
sponsoring witness,
MIL 1, 402, 702/703,
602, MIL 1

38

02198.51855/4858218.1

4/17/200
9

PURPOSE

MARKED

ADMITTED

OBJECTIONS

Case No. Case No. 11-cv-01846-LHK
-11SAMSUNG'S OBJECTIONS TO APPLE'S EXHIBIT LIST, PROPOSED JOINT EXHIBIT LIST AND DEPOSITION DESIGNATIONS

TRIAL
EXH.
NO.
39

DEPO
EX. NO.

DATE

DESCRIPTION

BEGBATES

ENDBATES

Ex. 2641

9/9/2011

Translation of
Presentation:Al
kon Instructions
from the CEO

SAMNDCA2001
2936

SAMNDCA20012
942

Russell Winer

Damages,
secondary
considerations,
design and
trade dress
claims, copying.

40

Ex.
1352Ex.
1372Ex.
1977Ex.
2153

2/11/201
0

SAMNDCA1024
7373

SAMNDCA10247
378

Russell Winer;
Terry Musika

Damages,
secondary
considerations,
design and
trade dress
claims, copying.

41

Ex. 1667

7/30/201
2

Translation of
Email from
Bong-Hee Kim
regarding
Summary of
Executive-Level
Meeting
Supervised by
Head of
Division
(February 10)
Presentation:
Samsung TN
GUI Framework
Final
Presentation

SAMNDCA1103
0081

SAMNDCA11030
359

Susan Kare

Damages,
secondary
considerations,
design and
trade dress
claims, copying.

42

Ex. 2709

2/16/201
0

Translation of
Email from
Hyun Kim
regarding PI/P3
Division Head
Design Report
Meeting
Minutes, dated
February 16,
2010

SAMNDCA0004
4700

SAMNDCA00044
700

Wong Pyo
Hong

Damages,
secondary
considerations,
design and
trade dress
claims, copying.

02198.51855/4858218.1

SPONSORING
WITNESS

PURPOSE

MARKED

ADMITTED

OBJECTIONS
802, lacks
foundation, 403,
misleading,
overbroad, lacks
sponsoring witness,
MIL 1, 402, 702/703,
translation, 602
802, lacks
foundation, 403,
misleading,
overbroad, lacks
sponsoring witness,
MIL 1, 402, 702/703,
translation, 602

802, lacks
foundation, 403,
misleading,
overbroad, lacks
sponsoring witness,
MIL 1, 402, 702/703,
602
802, lacks
foundation, 403,
1002, misleading,
incomplete, lacks
sponsoring witness,
402, translation, 602,
MIL 1, MIL 2

Case No. Case No. 11-cv-01846-LHK
-12SAMSUNG'S OBJECTIONS TO APPLE'S EXHIBIT LIST, PROPOSED JOINT EXHIBIT LIST AND DEPOSITION DESIGNATIONS

TRIAL
EXH.
NO.
43

44

DEPO
EX. NO.

DESCRIPTION

BEGBATES

ENDBATES

Ex. 1751

2/23/201
0

SAMNDCA1016
7856

SAMNDCA10167
857

Wong Pyo
Hong

Damages,
secondary
considerations,
design and
trade dress
claims, copying.

402, 802, lacks
foundation, 403,
misleading, lacks
sponsoring witness,
MIL 1, translation,
MIL 2

Ex. 1194;
Ex. 1506;
Ex. 2007;
Ex. 2126;
Ex. 2155

3/2/2010

Translation of
Email from Ki
Hyun Seo
regarding Team
Leader's
Directives at the
Executives'
Meeting 2/22
(Mon)
Translation of
Presentation:
Relative
Evaluation
Report on S1,
iPhone

SAMNDCA0020
3880

SAMNDCA00204
010

Susan Kare

Damages,
secondary
considerations,
design and
trade dress
claims, copying.

Translation of
selected pages
from
Presentation:
The First
Usability
Evaluation
Results for
Sprint Bound
Vins-Q (SPHM910)
Translation of
selected pages
from
Presentation:
Behold3
Usability
Evaluation
ResultsS/W
Verification
Group

S-ITC000118719

S-ITC-000118747

Susan Kare

Damages,
secondary
considerations,
design and
trade dress
claims, copying.

402, lacks
foundation, 802, 403,
misleading, lacks
sponsoring witness,
MIL 1, MIL 7,
702/703, translation,
602
402, lacks
foundation, 802, 403,
misleading,
incomplete, lacks
sponsoring witness,
MIL 1, MIL 7,
702/703, translation,
602

SAMNDCA0050
8318

SAMNDCA00508
400

Ravin
Balakrishnan

Damages,
willfulness,
secondary
considerations,
utility patent
claims, trade
dress and
design patent
claims, copying.

45

46

SPONSORING
WITNESS

DATE

3/22/201
0

Ex. 2008

02198.51855/4858218.1

5/10/201
0

PURPOSE

MARKED

ADMITTED

OBJECTIONS

402, lacks
foundation, 802, 403,
misleading, lacks
sponsoring witness,
MIL 1, MIL 2,
translation, 702/703,
incomplete, 602,
authenticity

Case No. Case No. 11-cv-01846-LHK
-13SAMSUNG'S OBJECTIONS TO APPLE'S EXHIBIT LIST, PROPOSED JOINT EXHIBIT LIST AND DEPOSITION DESIGNATIONS

TRIAL
EXH.
NO.
47

DEPO
EX. NO.
Ex. 2164

48

DESCRIPTION

BEGBATES

ENDBATES

5/24/201
0

Translation of
Email from
Saejin Cha
regarding China
GDI evaluation
and
attachments
Presentation:
Wave & Galaxy
S Expert &
regular users
UX Critique

SAMNDCA1015
9856

SAMNDCA10159
871

Dong Hoon
Chang

Damages,
secondary
considerations,
design and
trade dress
claims, copying.

402, lacks
foundation, 802, 403,
misleading, MIL 1,
MIL 7, lacks
sponsoring witness,
translation, 602

SAMNDCA1129
0567

SAMNDCA11290
652

Dong Hoon
Chang

Damages,
secondary
considerations,
design and
trade dress
claims, copying.

Apple
Intelligence
Report:
Samsung
Telecom
Research Israel
Best Buy
Advertisement,
"Samsung
Galaxy Tab
included with
Selected
Samsung
HDTVs"
Presentation:
Samsung-Apple
Licensing
Discussion,
October 5, 2010

SAMNDCA0038
7536

SAMNDCA00387
585

Karan Singh

N/A

N/A

Terry Musika

Damages,
willfulness,
secondary
considerations,
utility patent
claims, copying.
Damages,
secondary
considerations,
design and
trade dress
claims, copying.

402, lacks
foundation, 802, 403,
misleading, 602,
incomplete, MIL 1,
MIL 2, MIL 7, not
disclosed in expert
report, 602, lacks
sponsoring witness
402, lacks
foundation, 802, 403,
602, misleading,
lacks sponsoring
witness, MIL 1, MIL
2, 702/703
402, lacks
foundation, 802, 403,
misleading, 1002,
lacks sponsoring
witness, MIL 1, MIL
7, U, authenticity,
MIL 2

APLNDC000001
0886

APLNDC0000010
903

Richard Lutton

7/5/2010

49

50

51

Ex. 11;
Wagner
Ex. 8

02198.51855/4858218.1

SPONSORING
WITNESS

DATE

10/5/201
0

PURPOSE

Damages,
willfulness,
secondary
considerations,
design and
trade dress
claims, copying.

MARKED

ADMITTED

OBJECTIONS

105, 402, 403, 802,
MIL 1, MIL 2

Case No. Case No. 11-cv-01846-LHK
-14SAMSUNG'S OBJECTIONS TO APPLE'S EXHIBIT LIST, PROPOSED JOINT EXHIBIT LIST AND DEPOSITION DESIGNATIONS

TRIAL
EXH.
NO.
52

DEPO
EX. NO.
Ex. 5

53

Ex. 2652

55

DESCRIPTION

BEGBATES

ENDBATES

8/4/2010

Presentation:
Samsung's Use
of Apple
Patents in
Smartphones

APLNDC000011
03

APLNDC0000119
2

Richard Lutton

Translation of
Presentation:
Comparison of
Galaxy S and
iPhone 4

SAMNDCA1101
0883

SAMNDCA11010
884

Seogguen Kim;
Minhyouk Lee

Presentation:
Lessons from
AppleBoston
Consulting
Group

SAMNDCA0027
4819

SAMNDCA00274
854

Terry Musika

Presentation:
Samsung
mobile icon
design for 2011

SAMNDCA2000
7208

SAMNDCA20007
222

Susan Kare

Presentation:
Samsung Q4
'10 Deep Dive

SAMNDCA0052
6887

SAMNDCA00526
993

Peter Bressler

Ex.
2022Ex.
2117

54

Ex. 1391

56

02198.51855/4858218.1

SPONSORING
WITNESS

DATE

11/1/201
0

2/11/201
1

PURPOSE
Damages,
willfulness,
secondary
considerations,
design and
trade dress
claims, copying.
Damages,
willfulness,
secondary
considerations,
design and
trade dress
claims, copying.
Damages,
willfulness,
secondary
considerations,
design and
trade dress
claims, copying.
Damages,
willfulness,
secondary
considerations,
design and
trade dress
claims, copying.
Damages,
willfulness,
secondary
considerations,
design and
trade dress
claims, copying.

MARKED

ADMITTED

OBJECTIONS
402, lacks
foundation, 802, 403,
misleading, 602,
incomplete, MIL 1,
MIL 7, 408, D, lacks
sponsoring witness
402, lacks
foundation, 802, 403,
misleading, MIL 7,
translation,
incomplete, 602,
lacks sponsoring
witness, MIL 1
402, lacks
foundation, 802, 403,
misleading, lacks
sponsoring witness,
MIL 1, 702/703, 602

402, lacks
foundation, 802, 403,
misleading, lacks
sponsoring witness,
MIL 1, MIL 7,
702/703, 602
402, lacks
foundation, 802, 403,
misleading, lacks
sponsoring witness,
MIL 1, MIL 2,
702/703, 602

Case No. Case No. 11-cv-01846-LHK
-15SAMSUNG'S OBJECTIONS TO APPLE'S EXHIBIT LIST, PROPOSED JOINT EXHIBIT LIST AND DEPOSITION DESIGNATIONS

TRIAL
EXH.
NO.
57

DEPO
EX. NO.

SPONSORING
WITNESS

DATE

DESCRIPTION

BEGBATES

ENDBATES

Ex.
2005Ex.
1517

4/9/2011

SAMNDCA0017
6053

SAMNDCA10765
466

Ravin
Balakrishnan

Damages,
willfulness,
secondary
considerations,
design and
trade dress
claims, copying.

402, lacks
foundation, 802, 403,
misleading,
incomplete, lacks
sponsoring witness,
MIL 7, translation,
602, MIL 1

58

Ex. 2651

6/17/201
1

Translation of
selected pages
from
Presentation:
P5 Usability
Evaluation
ResultsS/W
Verification
Group 1
Email from
Justin Denison
regarding GS
Choi's Direction
and Request to
STA

SAMNDCA1037
5640

SAMNDCA10375
662

Terry Musika

402, lacks
foundation, 802, 403,
misleading, 1002,
lacks sponsoring
witness, MIL 1, MIL
9, 702/703, 602

59

Ex.
1261Ex.
1353Ex.
1628

August,
2011

SAMNDCA1015
4003

SAMNDCA10154
053

Peter Bressler

60

Ex. 2647

2/16/201
2

Translation of
Presentation:
North America
P4(P7510 WiFi)
BBY Retail
Store Visit T/F
Report
Presentation:
STA
Competitive
Situation
Paradigm Shift

SAMNDCA1154
7401

SAMNDCA11547
470

Terry Musika

61

Ex. 1982

4/2/2012

Translation of
Presentation:
Next Phase UX
Direction
through iPhone
and TouchWiz
Competitivenes
s Analysis

SAMNDCA1099
8213

SAMNDCA10998
232

Ravin
Balakrishnan;
Sungsik Lee

Damages,
willfulness,
secondary
considerations,
design and
trade dress
claims, copying.
Damages,
willfulness,
secondary
considerations,
design and
trade dress
claims, copying.
Damages,
willfulness,
secondary
considerations,
design and
trade dress
claims, copying.
Damages,
willfulness,
secondary
considerations,
design and
trade dress
claims, copying.

02198.51855/4858218.1

PURPOSE

MARKED

ADMITTED

OBJECTIONS

402, lacks
foundation, 802, 403,
misleading, 1002,
lacks sponsoring
witness, MIL 1, MIL
7, MIL 2, translation,
702/703, 602
402, lacks
foundation, 802, 403,
misleading, 1002,
lacks sponsoring
witness, MIL 1, MIL
9, 702/703, 602
402, lacks
foundation, 802, 403,
misleading,
translation, 702/703,
602, lacks
sponsoring witness

Case No. Case No. 11-cv-01846-LHK
-16SAMSUNG'S OBJECTIONS TO APPLE'S EXHIBIT LIST, PROPOSED JOINT EXHIBIT LIST AND DEPOSITION DESIGNATIONS

TRIAL
EXH.
NO.
62

DEPO
EX. NO.

DATE

DESCRIPTION

BEGBATES

ENDBATES

SPONSORING
WITNESS

Presentation:
iPhone 5
Counter
Strategy

S-ITC003351732

S-ITC-003351759

Terry Musika;
Justin Denison

63

Source Code

APLNDC000001
4245

APLNDC0000014
252

Bas Ording;
Scott Forstall;
Ravin
Balakrishnan

64

Video of
Samsung
infringement of
‘381 patent
Video of
Samsung
infringement of
‘163 patent
Video of
Samsung
infringement of
‘915 patent
Apple, Inc.
Launch Date
Net Sales by
Adam Id (with
ITS Billings)
from 4/1/10 To
4/4/10

N/A

N/A

Ravin
Balakrishnan

N/A

N/A

Karan Singh

N/A

N/A

Karan Singh

APLNDC-WH-A0000029886

APLNDC-WH-A0000029891

Terry Musika

Vander
Veen Ex.
9

3/25/201
1

65

66

67

02198.51855/4858218.1

4/4/2012

PURPOSE
Damages,
willfulness,
secondary
considerations,
design and
trade dress
claims, copying.
Offered in
support of
Apple's utility
patent claims.

Offered in
support of
Apple's utility
patent claims.
Offered in
support of
Apple's utility
patent claims.
Offered in
support of
Apple's utility
patent claims.
This exhibit is
being offered as
evidence of
revenue earned
by downloaded
applications
cited in Dr.
O'Brien's expert
report.

MARKED

ADMITTED

OBJECTIONS
402, lacks
foundation, 802, 403,
misleading, 1002,
MIL 1, 702/703, 602,
802, lacks
sponsoring witness
402, 602, 802,
incomplete, U,
authenticity,
misleading, lacks
foundation, lacks
sponsoring witness
authenticity,
misleading, lacks
foundation, 1002, D,
U, MIL 6, MIL 3
authenticity,
misleading, lacks
foundation, 1002, D,
U, MIL 6, MIL 3
authenticity,
misleading, lacks
foundation, 1002, D,
U, MIL 6, MIL 3
402, lacks
foundation, 802, 403,
misleading, 1002,
lacks sponsoring
witness, 602

Case No. Case No. 11-cv-01846-LHK
-17SAMSUNG'S OBJECTIONS TO APPLE'S EXHIBIT LIST, PROPOSED JOINT EXHIBIT LIST AND DEPOSITION DESIGNATIONS

TRIAL
EXH.
NO.
68

DEPO
EX. NO.
Sung Ho
Choi 6, 7;
Seung
Gun Park
12

69

70

02198.51855/4858218.1

DATE

SPONSORING
WITNESS

DESCRIPTION

BEGBATES

ENDBATES

PURPOSE

Samsung
WCDMA
Release 7
Standardization
Research
Project
Completion
Report and
English
translation
TSG-RAN WG1
Meeting #24,
Tdoc R1-020444, Orlando,
Florida
February 18-22,
2002, Text
Proposal for Bit
Distribution unit
for HS-DSCH
TSG-RAN WG1
meeting #7,
TSGR1#7(99)d
84, Hannover,
Germany,
August 30 September 3,
1999, Text
proposal for
Turbo codes
and rate
matching in TS
25.212, TS
25.222 (rev. of
R1-99d56

SAMNDCA0016
6606; APLNDCWHA0000032261

SAMNDCA00166
622; APLNDCWHA0000032278

Sung Ho Choi
or other
Samsung
Witness

This exhibit is
being offered as
evidence of
Samsung's IPR
policies and
practices

APLNDC-WHA0000011834

APLNDC-WHA0000011838

Michael
Walker;
Richard Gitlin

This exhibit is
being offered as
evidence of
Samsung's
failure to timely
disclose IPR to
ETSI and 3GPP

APLNDC-WHA0000010518

APLNDC-WHA0000010533

Michael Walker

MARKED

ADMITTED

OBJECTIONS

This exhibit is
being offered as
evidence of
Samsung's
failure to timely
disclose IPR to
ETSI and 3GPP

translation, 602, 802,
lacks foundation,
lacks sponsoring
witness

Case No. Case No. 11-cv-01846-LHK
-18SAMSUNG'S OBJECTIONS TO APPLE'S EXHIBIT LIST, PROPOSED JOINT EXHIBIT LIST AND DEPOSITION DESIGNATIONS

TRIAL
EXH.
NO.
71

DEPO
EX. NO.
H. Kim 1;
Williams
1

72

73

Rosenbro
ck 12;
Stasik 13;
Teece 18

74

Sung Ho
Choi 8;
Korea 1;
Lichaber
10; Stasik
3; Teece
7

02198.51855/4858218.1

DATE

DESCRIPTION

BEGBATES

ENDBATES

SPONSORING
WITNESS

3GPP TS
25.214 v.6.6.0

APLNDC-WHA0000010733

APLNDC-WHA0000010790

Hyong Kim

Email from
Beongjo Kim to
3GPP, dated
July 9, 1999,
attaching ,
TSGR1#6(99)8
92, Detailed
Descriptions of
Radio Frame
Segmentation
to 2nd
Interleaver
(Text Proposal)
1st Expert
Report of
Hillebrand &
Partners on
FRAND

APLNDC-WHA000000998;
APLNDC-WHA0000010252

APLNDC-WHA0000009980;
APLNDC-WHA0000010257

Michael Walker

SAMNDCA0039
3932

SAMNDCA00393
945

Karl Heinz
Rosenbrock or
other Samsung
Witness;
Richard
Donaldson

Addendum 1
ETSI/GA
29(97)/SCM/3,
Amendments to
the ETSI
Interim
Intellectual
Property Rights
Policy

APLNDC-WHA0000012542

APLNDC-WHA0000012547

Michael
Walker; Sung
Ho Choi or
other Samsung
Witness

PURPOSE
This exhibit is
being offered as
evidence of
noninfringement
of Samsung
patent-in-suit
U.S. Patent No.
7,447,516
This exhibit is
being offered as
evidence of
Samsung's
failure to timely
disclose IPR to
ETSI and 3GPP

This exhibit is
being offered as
evidence
concerning the
ETSI IPR policy
and FRAND
licensing
This exhibit is
being offered as
evidence of
Samsung's
contractual
obligations and
its failure to
timely disclose
IPR to ETSI
and3GPP

MARKED

ADMITTED

OBJECTIONS

802, misleading,
lacks foundation

602, 802, misleading,
lacks foundation,
402, 403, MIL 1, MIL
4

Case No. Case No. 11-cv-01846-LHK
-19SAMSUNG'S OBJECTIONS TO APPLE'S EXHIBIT LIST, PROPOSED JOINT EXHIBIT LIST AND DEPOSITION DESIGNATIONS

TRIAL
EXH.
NO.
75

DEPO
EX. NO.

BEGBATES

ETSI Guide on
Intellectual
Property Rights
(IPRs), dated
November 27,
2008

APLNDC-WHA0000012460

APLNDC-WHA0000012477

Michael Walker

76

FRE 1006
Summary of
Apple Licenses

N/A

N/A

Boris Teksler;
BJ Watrous;
Richard
Donaldson

77

FRE 1006
Summary of
Samsung
Licenses

N/A

N/A

Richard
Donaldson;
Seongwoo Kim
or other
Samsung
Witness

78

Intel Invoices to
Apple
(12/22/1112/29/11)

APL794N0000003905

APL794N0000003910

Tony Blevins

79

Letter from B.
Teksler to SW
Kim, dated April
30, 2012

APL794N0000015789

APL794N0000015791

Boris Teksler;
BJ Watrous

02198.51855/4858218.1

ENDBATES

SPONSORING
WITNESS

DESCRIPTION

Lichaber
12

DATE

PURPOSE
This exhibit is
being offered as
evidence of
Samsung's
contractual
obligations and
its failure to
timely disclose
IPR to ETSI
and3GPP
This exhibit is
being offered as
evidence of
Apple's licenses
and Samsung's
failure to offer
FRAND terms
This exhibit is
being offered as
evidence of
Samsung's
licenses and its
failure to offer
FRAND terms
This exhibit is
being offered as
evidence of
Apple's
purchases from
Intel
This exhibit is
being offered as
evidence of
Samsung's
failure to offer
FRAND terms

MARKED

ADMITTED

OBJECTIONS

802, misleading,
lacks foundation, D

802, misleading,
lacks foundation, D

602, 802,
authenticity, lacks
foundation

602, 802, misleading,
lacks foundation,
402, 403, U

Case No. Case No. 11-cv-01846-LHK
-20SAMSUNG'S OBJECTIONS TO APPLE'S EXHIBIT LIST, PROPOSED JOINT EXHIBIT LIST AND DEPOSITION DESIGNATIONS

TRIAL
EXH.
NO.
80

DEPO
EX. NO.
Seongwo
o Kim 6,
82

81

82

Seongwo
o Kim 57;
Stasik 12;
Teece
14;
Donaldso
n9

83

Van
Lieshot 3;
Van Der
Velde 2;
SoengHun Kim
4;
Holmes 5

84

02198.51855/4858218.1

DATE

SPONSORING
WITNESS

DESCRIPTION

BEGBATES

ENDBATES

Letter from SW
Kim to B.
Teksler, dated
July 25, 2011

SAMNDCA0032
2740

SAMNDCA00322
741

Boris Teksler;
BJ Watrous;
Seongwoo Kim

Patent Cross
License
Agreement
between Intel
and Samsung
with
Amendments 1
&2
Samsung
presentation
titled "Samsung
- Motorola
Licensing
Discussions,"
dated May 2,
2005
3GPP TSGRAN WG2
Meeting #43,
R2-021645,
Prague, Czech
Republic,
August 15-20,
2004, L2
Considerations
for VoIP
Support
3GPP Website
Screenshots

S-794-ITC000000021

S-794-ITC000000049

Richard
Donaldson;
Seongwoo Kim
or other
Samsung
Witness

S-794-ITC005280718

S-794-ITC005280737

Richard
Donaldson;
Seongwoo Kim
or other
Samsung
Witness

APLNDCWH0000017799

APLNDCWH0000017802

Michael
Walker; Gert
Jan Van
Lieshot or other
Samsung
Witness

APLNDC-WHA0000022854;
APLNDC-WHA0000022943

APLNDC-WHA0000022864;
APLNDC-WHA0000022945

Michael Walker

PURPOSE

MARKED

ADMITTED

OBJECTIONS

This exhibit is
being offered as
evidence of
Samsung's
failure to offer
FRAND terms
This exhibit is
being offered as
evidence of
Samsung's
license with
Intel

602, 802, misleading,
lacks foundation

This exhibit is
being offered as
evidence of the
value of
Samsung's IPR
and Samsung's
failure to offer
FRAND terms
This exhibit is
being offered as
evidence of the
existence of
alternative
technologies

408, 802, misleading,
lacks foundation

This exhibit is
being offered as
evidence of
Samsung's
failure to timely
disclose IPR to
ETSI and 3GPP

802, 602, lacks
foundation

802, misleading

lacks foundation,
lacks sponsoring
witness, authenticity,
602, 802

Case No. Case No. 11-cv-01846-LHK
-21SAMSUNG'S OBJECTIONS TO APPLE'S EXHIBIT LIST, PROPOSED JOINT EXHIBIT LIST AND DEPOSITION DESIGNATIONS

TRIAL
EXH.
NO.
85

86

87

DEPO
EX. NO.

Paul J.
Farrell
10; Hee
Won
Kang 5;
Michael
Musella 3
Ginkyu
Choi 2;
Hun-Kee
Kim 2;
Noh-Sun
Kim 4;
Jun-Sung
Lee 2;
Yong-Suk
Moon 6;
JaeSeung
Yoon 2;
Paul J.
Farrell 9;
Michael
Musella
7, Daniel
Tierney
3,
Richard
Wesel 9

02198.51855/4858218.1

DATE

ENDBATES

SPONSORING
WITNESS

DESCRIPTION

BEGBATES

Email from
Jaeyol Kim to
3GPP, dated
July 8, 1999,
attaching
TSGR1#6(99)9
15
File History for
U.S. Patent No.
7,362,867 and
English
translation

APLNDC-WH-A
0000012263;
APLNDC-WH-A
0000012451

APLNDC-WH-A
0000012263;
APLNDC-WH-A
0000012456

Wayne Stark;
Michael
Walker; Jae
Yoel Kim or
other Samsung
Witness

APLNDC-WHA0000017657;A
PLNDC-WHA0000031751

APLNDC-WHA0000018112;
APLNDC-WHA0000031790

Wayne Stark

File History of
U.S. Patent No.
792 [with
certified English
translation of
Korean
Application

APLNDC-WHA0000017308;
APLNDC-WHA0000032329

APLNDC-WHA0000017614;
APLNDC-WHA0000032410

Richard Gitlin

PURPOSE
This exhibit is
being offered as
evidence of
Samsung's
failure to timely
disclose IPR to
ETSI and 3GPP
This exhibit is
being offered
as evidence of
Samsung's
failure timely to
disclose IPR to
ETSI and 3GPP
This exhibit is
being offered
as evidence of
Samsung's
failure timely to
disclose IPR to
ETSI and 3GPP

MARKED

ADMITTED

OBJECTIONS
802, 602, lacks
foundation

translation,
authenticity

translation,
authenticity

Case No. Case No. 11-cv-01846-LHK
-22SAMSUNG'S OBJECTIONS TO APPLE'S EXHIBIT LIST, PROPOSED JOINT EXHIBIT LIST AND DEPOSITION DESIGNATIONS

TRIAL
EXH.
NO.
88

89

DEPO
EX. NO.
Ginkyu
Choi 4;
Hun-Kee
Kim 7;
Noh-Sun
Kim 2;
Yong-Suk
Moon 4
ChangSoo Park
13;
HyeonWoo Lee
15

90

Hyeon
Woo Lee
13

91

Paul J.
Farrell 8

02198.51855/4858218.1

DATE

DESCRIPTION

BEGBATES

ENDBATES

SPONSORING
WITNESS

PURPOSE

MARKED

ADMITTED

OBJECTIONS

R1-01-1231,
Siemens,
“Interleaver
operation
inconjunction
with SMP”

APLNDC-WHA0000011745

APLNDC-WHA0000011748

Richard Gitlin

This exhibit is
being offered as
evidence of the
existence of
alternative
technologies

lacks foundation,
802, 602

TSG-RAN
Working Group
1 meeting #7,
TS
GR1#7(99)d76,
Hannover,
Germany,
August 30 September 3,
1999, Text
proposal for
25.212
TSG-RAN WG1
meeting #6,
TSGR1#7(99)b
32, Hannover,
Germany,
August 30 September 3,
1999, Transport
block
concatenation
and code block
segmentation
File History for
U.S. Patent No.
7,050,410

APLNDC-WHA0000010046

APLNDC-WHA0000010063

Michael
Walker;
Richard Gitlin;
Chang-Soo
Park or other
Samsung
Witness

This exhibit is
being offered as
evidence of
Samsung's
failure to timely
disclose IPR to
ETSI and 3GPP

lacks foundation,
802, 602

APLNDC-WHA0000011302

APLNDC-WHA0000011307

Michael
Walker;
Richard Gitlin;
Hyeon Woo
Lee or other
Samsung
Witness

This exhibit is
being offered as
evidence of
Samsung's
failure to timely
disclose IPR to
ETSI and 3GPP

lacks foundation,
802, 602

APLNDC-WHA0000013385

APLNDC-WHA0000014033

Michael
Walker; Jon
Hamkins

This exhibit is
being offered
as evidence of
Samsung's
failure timely to
disclose IPR to
ETSI and 3GPP

authenticity

Case No. Case No. 11-cv-01846-LHK
-23SAMSUNG'S OBJECTIONS TO APPLE'S EXHIBIT LIST, PROPOSED JOINT EXHIBIT LIST AND DEPOSITION DESIGNATIONS

TRIAL
EXH.
NO.
92

93

DEPO
EX. NO.
Paul J.
Farrell
15; Jon
Hamkins
4; SeHyoung
Kim 12;
Paul Min
3
SeHyoung
Kim 5

94

Min-Goo
Kim 6;
SeHyoung
Kim 11

95

Williams
14

02198.51855/4858218.1

DATE

ENDBATES

SPONSORING
WITNESS

DESCRIPTION

BEGBATES

PURPOSE

MARKED

ADMITTED

OBJECTIONS

Nortel
Networks,
"Proposal for
ratematching
for turbo codes"
to 3GPP

APLNDCWH0000013765

APLNDCWH0000013769

Jon Hamkins

This exhibit is
being offered as
evidence of the
existence of
alternative
technologies

lacks foundation,
802, 602

File History for
U.S. Patent No.
7,386,001
(certified
English
translation of
Korean
application
contained in file
history,
beginning at
page 12844)
Email from Tim
Moulsley to
3GPP, Mar. 16,
1999

APLNDC-WHA0000012550

APLNDC-WHA0000013076

Venugopal
Veeravalli

This exhibit is
being offered
as evidence of
Samsung's
failure timely to
disclose IPR to
ETSI and 3GPP

authenticity

APLNDCWH0000000009

APLNDCWH0000000012

Venugopal
Veeravalli

lacks foundation,
802, 602

PCT Patent
Application
Publication No.
02/43332 Petersen

APLNDCWH0000019792

APLNDCWH0000019853

Edward
Knightly

This exhibit is
being offered as
evidence of the
existence of
alternative
technologies
This exhibit is
being offered as
invalidiating
prior art to
Samsung
patent-in-suit
U.S. Patent No.
7,675,941

authenticity

Case No. Case No. 11-cv-01846-LHK
-24SAMSUNG'S OBJECTIONS TO APPLE'S EXHIBIT LIST, PROPOSED JOINT EXHIBIT LIST AND DEPOSITION DESIGNATIONS

TRIAL
EXH.
NO.
96

DEPO
EX. NO.

BEGBATES

Williams
19

U.S. Patent
App. Pub. No.
2005/0213605 Kim et al.

APLNDC-WHA0000029791

APLNDC-WHA0000029812

Edward
Knightly

97

Knightly
14

U.S. Patent No.
6,819,658 Agarwal

APLNDCWH0000019765

APLNDCWH0000019791

Edward
Knightly

98

Young
Bum Kim
10

3GPP TR
25.896 v.6.0.0

APLNDCWH0000010911

APLNDCWH0000011089

Hyong Kim

3GPP TS
25.214 v.6.1.0

APLNDCWH0000013124

APLNDCWH00000013187

Hyong Kim

Japanese
Patent
Application No.
2002-190774
and English
translation

APLNDCWH0000011737;
APLNDCWH0000032288;
APLNDCWH0000012266

APLNDCWH0000011760;A
PLNDCWH0000032288;
APLNDCWH0000012277

Hyong Kim

100

H. Kim 8;
Williams
9

02198.51855/4858218.1

ENDBATES

SPONSORING
WITNESS

DESCRIPTION

99

DATE

PURPOSE
This exhibit is
being offered as
evidence of
noninfringement
of Samsung
patent-in-suit
U.S. Patent No.
7,675,941
This exhibit is
being offered as
invalidiating
prior art to
Samsung
patent-in-suit
U.S. Patent No.
7,675,941
This exhibit is
being offered as
invalidiating
prior art to
Samsung
patent-in-suit
U.S. Patent No.
7,447,516
This exhibit is
being offered as
invalidiating
prior art to
Samsung
patent-in-suit
U.S. Patent No.
7,447,516
This exhibit is
being offered as
invalidiating
prior art to
Samsung
patent-in-suit
U.S. Patent No.
7,447,516

MARKED

ADMITTED

OBJECTIONS

802, 602, lacks
foundation

802, 602, lacks
foundation

translation,
authenticity

Case No. Case No. 11-cv-01846-LHK
-25SAMSUNG'S OBJECTIONS TO APPLE'S EXHIBIT LIST, PROPOSED JOINT EXHIBIT LIST AND DEPOSITION DESIGNATIONS

TRIAL
EXH.
NO.
101

102

103

DEPO
EX. NO.
Seong
Hun Kim
12; Van
Der
Velde 6

Knightly
11;
Williams
18;
Seong
Hun Kim
14;
Lieshout
7; Van
Der
Velde 7
Young
Bum Kim
7; Kwak
12; Juho
Lee 7;
Joon
Young
Cho 7

02198.51855/4858218.1

DATE

ENDBATES

SPONSORING
WITNESS

DESCRIPTION

BEGBATES

PURPOSE

3GPP TSGRAN WG2
Meeting #47
Tdoc R2051680,
Athens,
Greece, May 913, 2005,
Change
Request
3GPP TSGRAN2 Meeting
#47, Tdoc R2051311,
Athens,
Greece, May 913, 2005,
Segmentation
and
Concatenation
for VolMS
3GPP TSGRAN WG1
Meeting #41,
R1-050565,
Athens,
Greece, 9-13
May 2005,
Change
Request

APLNDC-WHA9301

APLNDC-WHA9310

Edward
Knightly;
Michael
Walker;
Samsung
witness

This exhibit is
being offered as
evidence of
Samsung's
failure to timely
disclose IPR to
ETSI and 3GPP

APLNDC-WHA9816

APLNDC-WHA9820

Edward
Knightly;
Michael
Walker;
Samsung
Witness

This exhibit is
being offered as
evidence of
Samsung's
failure to timely
disclose IPR to
ETSI and 3GPP

APLNDC-WHA0000011080

APLNDC-WHA0000011084

Hyong Kim;
Michael
Walker;
Samsung
Witness

MARKED

ADMITTED

OBJECTIONS

This exhibit is
being offered as
evidence of
Samsung's
failure to timely
disclose IPR to
ETSI and 3GPP

Case No. Case No. 11-cv-01846-LHK
-26SAMSUNG'S OBJECTIONS TO APPLE'S EXHIBIT LIST, PROPOSED JOINT EXHIBIT LIST AND DEPOSITION DESIGNATIONS

TRIAL
EXH.
NO.
104

DEPO
EX. NO.

DATE

DESCRIPTION

BEGBATES

ENDBATES

SPONSORING
WITNESS

Email from
Juho Lee to
3GPP, dated
June 18, 2004,
attaching R1040697, R1040689, R1040690, and
R1-040696

S-ITC001057684

S-ITC-001057701

Hyong Kim;
Samsung
Witness

105

Min 24

Intel X-GOLD
61x Product
Specification

750DOC001172

750DOC002698

Richard Gitlin;
Wayne Stark

106

Min 4

APLNDCWH0000014672

APLNDCWH0000014857

Richard Gitlin

107

ChangSoo Park
6HyeonWoo Lee
2Gitlin
(5/4/12)
6Min 8

ANSI T1.4131995 - Network
and Customer
Installation
Interfaces Asymmetric
Digital
Subscriber Line
(ADSL) Metallic
Interface
Bömer, L. et al.,
"A CDMA Radio
Link with
‘TurboDecoding':
Concept and
Performance
Evaluation"
(1995)

APLNDCWH0000014905

APLNDCWH0000014910

Richard Gitlin

02198.51855/4858218.1

PURPOSE
This exhibit is
being offered as
evidence of
Samsung's
failure to timely
disclose IPR to
ETSI and 3GPP
and the
existence of
alternative
technologies
This exhibit is
being offered to
demonstrate
the functionality
of the baseband
processors
used in the
accused Apple
products.
This exhibit is
being offered as
invalidating
prior art to
Samsung
patent-in-suit
U.S. Patent No
6,928,604.

This exhibit is
being offered as
invalidating
prior art to
Samsung
patent-in-suit
U.S. Patent No
6,928,604.

MARKED

ADMITTED

OBJECTIONS

authenticity, 802,
602, lacks foundation

authenticity, 802,
602, lacks foundation

Case No. Case No. 11-cv-01846-LHK
-27SAMSUNG'S OBJECTIONS TO APPLE'S EXHIBIT LIST, PROPOSED JOINT EXHIBIT LIST AND DEPOSITION DESIGNATIONS

TRIAL
EXH.
NO.
108

DEPO
EX. NO.

DATE

109

BEGBATES

TSG-RAN WG1
Meeting #5,
TSGR1#5(99)7
24, Cheju
Island, Korea,
June 1-4, 1999,
Multiple
Scrambling
Codes
U.S. Patent No.
6,920,602

Wesel
4Hee
Won
Kang
3Jae
Yoel Kim
2

ENDBATES

SPONSORING
WITNESS

DESCRIPTION

APLNDC-WHA12310

APLNDC-WHA12316

Wayne Stark;
Michael
Walker;
Samsung
Witness

This exhibit is
being offered as
evidence of the
existence of
alternative
technologies.

lacks foundation,
802, 602

APLNDC-WHA16604

APLNDC-WHA16617

Richard Gitlin

This exhibit is
being offered
as evidence of
Samsung's
failure timely to
disclose IPR to
ETSI and 3GPP
This exhibit is
being offered as
invalidating
prior art to
Samsung
patent-in-suit
U.S. Patent No.
7,456,893.
This exhibit is
being offered as
invalidating
prior art to
Samsung
patent-in-suit
U.S. Patent No.
7,456,893.
This exhibit is
being offered as
invalidating
prior art to
Samsung
patent-in-suit
U.S. Patent No.
7,456,893.

not disclosed in
interrogatories

110

2003

Apple
schematics P72C/73C Rev
B & Q8 Main
Logic Board
Rev 05

APLNDC-WHA0000000001,
APLNDC-WHA0000000255

APLNDC-WHA0000000050,
APLNDC-WHA0000000266

Emilie Kim

111

Dates
between
7/17/200
3 and
2005

iBook/iSight
Sales Data

APLNDC-WHA24824

APLNDC-WHA24845

Emilie Kim

2/14/200
4

KR 10-20040013792 and
English
translation

APLNDC-WHA0000009255;
APLNDC-WHA0000032322

APLNDC-WHA0000009261;
APLNDC-WHA0000032329

Paul Dourish

112

Dourish 9

02198.51855/4858218.1

PURPOSE

MARKED

ADMITTED

OBJECTIONS

402, 403, 802, 602,
lacks sponsoring
witness

misleading, 402, 403,
802, 602, lacks
sponsoring witness

translation, 802,
authenticity, lacks
sponsoring witness

Case No. Case No. 11-cv-01846-LHK
-28SAMSUNG'S OBJECTIONS TO APPLE'S EXHIBIT LIST, PROPOSED JOINT EXHIBIT LIST AND DEPOSITION DESIGNATIONS

TRIAL
EXH.
NO.
113

DEPO
EX. NO.

BEGBATES

ENDBATES

SPONSORING
WITNESS

DATE

DESCRIPTION

3/8/2012

Sony Ericsson
Affidavit of Lee
Hill with
Attachment

APLNDC-WHA000026930,
APLNDC-WHA000024792

APLNDC-WHA000026932,
APLNDC-WHA000024793

Tony Givargis,
Lee Hill, or
Keeper of the
Records, Sony
Mobile
Communication
s

114

Givargis
13

3/18/201
2

J2ME Tutorial:
Introduction to
J2ME, dated
March 18, 2012

APLNDC-WHA25000

APLNDC-WHA25006

Tony Givargis

115

Givargis
12

6/1/2003

Mahmoud, “The
J2ME Mobile
Media API”
published
online at
http://developer
s.
sun.com/mobilit
y/ midp/articles/
mmapioverview
(June 2003)
Sony Ericsson
Mobile Comm.
AB, “Sony K700
User Guide”
(1st Ed.) March
2004

APLNDCWH6738

APLNDCWH6749

Tony Givargis

APLNDCWH8725

APLNDCWH8828

Tony Givargis,
Lee Hill, or
Keeper of the
Records, Sony
Mobile
Communication
s

116

02198.51855/4858218.1

3/1/2004

PURPOSE

MARKED

ADMITTED

OBJECTIONS

This exhibit is
being offered to
corroborate on
sale date(s) of
invalidating
prior art to
Samsung
patent-in-suit
U.S. Patent No.
7,698,711.
This exhibit is
being offered to
corroborate the
plain-meaning
understanding
of invalidating
prior art to
patent-in-suit
U.S. Patent No.
7,698,711.
This exhibit is
being offered as
invalidating
prior art to
Samsung
patent-in-suit
U.S. Patent No.
7,698,711.

authenticity,
misleading, 402, 403,
802, 602, lacks
sponsoring witness

This exhibit is
being offered as
invalidating
prior art to
Samsung
patent-in-suit
U.S. Patent No.
7,698,711.

authenticity, lacks
foundation, 802, 602,
lacks sponsoring
witness

authenticity,
misleading, lacks
foundation, 802, 602,
lacks sponsoring
witness

authenticity,
misleading, lacks
foundation, 802, 602,
lacks sponsoring
witness

Case No. Case No. 11-cv-01846-LHK
-29SAMSUNG'S OBJECTIONS TO APPLE'S EXHIBIT LIST, PROPOSED JOINT EXHIBIT LIST AND DEPOSITION DESIGNATIONS

TRIAL
EXH.
NO.
117

DEPO
EX. NO.

ENDBATES

SPONSORING
WITNESS

DATE

DESCRIPTION

BEGBATES

3/9/2004
and
3/21/200
4

Sony Press
Releases,
dated March 9,
2004 and
March 21, 2004

APLNDCWH0000008506,
APLNDCWH0000005351

APLNDCWH0000008507,
APLNDCWH0000005352

Tony Givargis,
Lee Hill, or
Keeper of the
Records, Sony
Mobile
Communication
s

118

Srivastav
a - 14

12/28/19
99

U.S. Patent No.
6,009,336 Harris

APLNDCWH6330

APLNDCWH6346

Mani
Srivastava

119

Srivastav
a-7

5/30/200
0

U.S. Patent No.
6,069,648 Suso

APLNDCWH5303

APLNDCWH5317

Mani
Srivastava

120

Srivastav
a - 22

2/10/200
4

U.S. Patent No.
6,690,417 Yoshida

APLNDCWH5026

APLNDCWH5067

Mani
Srivastava

02198.51855/4858218.1

PURPOSE
This exhibit is
being offered to
corroborate on
sale date(s) of
invalidating
prior art to
Samsung
patent-in-suit
U.S. Patent No.
7,698,711.
This exhibit is
being offered as
invalidating
prior art to
Samsung
patent-in-suit
U.S. Patent No.
7,577,460.
This exhibit is
being offered as
invalidating
prior art to
Samsung
patent-in-suit
U.S. Patent No.
7,577,460.
This exhibit is
being offered as
invalidating
prior art to
Samsung
patent-in-suit
U.S. Patent No.
7,577,460.

MARKED

ADMITTED

OBJECTIONS
authenticity, lacks
foundation, 802, 602,
lacks sponsoring
witness

Case No. Case No. 11-cv-01846-LHK
-30SAMSUNG'S OBJECTIONS TO APPLE'S EXHIBIT LIST, PROPOSED JOINT EXHIBIT LIST AND DEPOSITION DESIGNATIONS

TRIAL
EXH.
NO.
121

DEPO
EX. NO.

DATE

DESCRIPTION

ENDBATES

Samsung ETSI
IPR Statements

123

FRE 1006
Summary of
3GPP WG
Meeting
Minutes

SPONSORING
WITNESS
Emilie Kim;
Paul Dourish;
Mani
Srivastava

Source Code
Files, Camera
and Photos
Functionality
(See Appendix
1 for Bates
Numbers)

122

02198.51855/4858218.1

BEGBATES

APLNDC-WHA0000009374;
APLNDC-WHA0000009375;
APLNDC-WHA0000009415;
S-794-ITC
0005517177;
APLNDC-WHA0000009482
N/A

APLNDC-WHA0000009374;
APLNDC-WHA0000009396;
APLNDC-WHA0000009431; S794-ITC
0005517181;
APLNDC-WHA0000009486
N/A

Seung Gun
Park, SeungHo Ahn, Sung
Ho Choi, or
other Samsung
Witness;
Michael Walker

Michael Walker

PURPOSE
This exhibit is
being offered to
demonstrate
the cameras
and photo and
associated
functionality of
the accused
Apple products.
This exhibit is
being offered as
evidence of
Samsung's
contractual
obligations and
its failure to
timely disclose
IPR to ETSI
and3GPP
This exhibit is
being offered as
evidence of
Samsung's
failure timely to
disclose IPR to
ETSI and 3GPP

MARKED

ADMITTED

OBJECTIONS
lacks sponsoring
witness, lacks
foundation,
authenticity, 402,
403, 802

improper FRE 1006
summary, lacks
foundation, 802, 602,
misleading, not
addressed in
Walker's report or
deposition, 403,
702/703, improper
summary under Rule
1006, MIL 3, D, I

Case No. Case No. 11-cv-01846-LHK
-31SAMSUNG'S OBJECTIONS TO APPLE'S EXHIBIT LIST, PROPOSED JOINT EXHIBIT LIST AND DEPOSITION DESIGNATIONS

TRIAL
EXH.
NO.
124

DEPO
EX. NO.

125

02198.51855/4858218.1

DATE
2003

3/1/2004

DESCRIPTION
Apple iBook G3
800MHz laptop
(2003)
configured with
an iSight video
webcam (2003)
running the Mac
OS X 10.3
Panther (2003),
and including
Chat AV 2,
iPhoto 2 and
Preview 2.1.0
Sony Ericsson
K700i mobile
phone

BEGBATES

ENDBATES

SPONSORING
WITNESS

PURPOSE

MARKED

ADMITTED

OBJECTIONS

Emilie Kim

N/A

N/A

This exhibit is
being offered as
invalidating
prior art to
Samsung
patent-in-suit
U.S. Patent No.
7,456,893.

authenticity,
misleading, lacks
foundation, 402, 403,
802, 602, lacks
sponsoring witness

Tony Givargis,
Lee Hill, or
Keeper of the
Records, Sony
Mobile
Communication
s

This exhibit is
being offered as
invalidating
prior art to
Samsung
patent-in-suit
U.S. Patent No.
7,698,711.

lacks foundation,
misleading,
authenticity, 802, 602

Case No. Case No. 11-cv-01846-LHK
-32SAMSUNG'S OBJECTIONS TO APPLE'S EXHIBIT LIST, PROPOSED JOINT EXHIBIT LIST AND DEPOSITION DESIGNATIONS