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

Filing 1360

Unredacted Declaration of Bill Trac in Support of Samsung's Reply in Support of Motion for Summary Judgment 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, re (Dkt. Nos. 1068, 1069) (Attachments: # 1 Exhibit 1 to the Trac Declaration, # 2 Exhibit 2 to the Trac Declaration, # 3 Exhibit 8 to the Trac Declaration, # 4 Exhibit 9 to the Trac Declaration, # 5 Exhibit 10 to the Trac Declaration, # 6 Exhibit 14 to the Trac Declaration, # 7 Exhibit 15 to the Trac Declaration, # 8 Exhibit 16 to the Trac Declaration, # 9 Exhibit 17 to the Trac Declaration, # 10 Exhibit 18 to the Trac Declaration, # 11 Exhibit 19 to the Trac Declaration, # 12 Exhibit 20 to the Trac Declaration, # 13 Exhibit 21 to the Trac Declaration, # 14 Exhibit 22 to the Trac Declaration, # 15 Exhibit 23 to the Trac Declaration, # 16 Exhibit 24 to the Trac Declaration, # 17 Exhibit 25 to the Trac Declaration, # 18 Exhibit 26 to the Trac Declaration, # 19 Exhibit 27 to the Trac Declaration, # 20 Exhibit 28 to the Trac Declaration)(Maroulis, Victoria) (Filed on 7/26/2012) Modified text on 7/27/2012 (dhm, COURT STAFF).

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EXHIBIT 1 FILED UNDER SEAL CONTAINS CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER UNITED STATES INTERNATIONAL TRADE COMMISSION WASHINGTON, DC Before The Honorable Thomas B. Pender Chief Administrative Law Judge In the Matter of: Investigation No. 337-TA-796 Certain Electronic Digital Media Devices and Components Thereof RESPONDENT SAMSUNG ELECTRONICS CO., LTD.'S EIGHTH SET OF SUPPLEMENTAL RESPONSES TO COMPLAINANT’S FIRST SET OF INTERROGATORIES (NOS. 33-38) Preliminary Statement Samsung Electronics Co., Ltd. (“SEC” or “Respondent”) has made a reasonable investigation for information responsive to Apple Inc.'s (“Complainant”) Interrogatories based upon its current employees’ knowledge, information, and belief and based on the limited time since Complainant served those interrogatories. Respondent’s investigation of the facts and law pertaining to this action is ongoing. Respondent expects that it will supplement or modify its responses and nothing herein should be interpreted to the contrary or to otherwise prejudice Respondent's ability to do so. Respondent reserves all available rights to use or introduce at any hearing, or at trial, information and/or documents responsive to Complainant’s Interrogatories that is discovered after the date of this response. Respondent reserves all objections or other questions as to the competency, relevance, materiality, privilege, or admissibility in any proceeding or trial of this or any other action for any purpose whatsoever of Respondent’s responses herein and any document or thing identified or provided in response to Complainant’s 1 CONTAINS CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER VII. U.S. Patent D618,678 (“the D’678 patent”) A. Prior Art SEC incorporates by reference the prior art identified in its Notice of Prior Art. B. Invalidity Under 35 U.S.C. § 102 or 103 SEC identifies the following additional prior art that anticipates and/or renders obvious the D'678 patent either expressly or inherently as understood by a person having ordinary skill in the art at the time of the alleged invention, either alone or in combination with other references identified below. These references are prior art under at least 35 U.S.C. §§ 102(a), (b), (e), (g) and/or 103. 1. Claim Chart Prior Art Design Disclosure Rendering the Claim Unpatentable Elements Without waiving any 1. Bluebird Pidion BM-200 — (released November 2005; right to address SAMNDCA00326344 - SAMNDCA00326346) additional design characteristics of this prior art that anticipate and/or render obvious the design claimed in D'678, and without waiving any right to show that the design claimed in D'678 is indefinite, this prior art shares at least the following design characteristics with those that may be claimed in D'678: x Rounded Corners x Lack of Significant Ornamentation x Rectangular Shape x Flat Continuous Surface 156 CONTAINS CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER Prior Art Design Disclosure Rendering the Claim Unpatentable Elements x Reflective or Transparent Surface x Horizontal Speaker Slot x Speaker Slot Located Near Top of Device x Display Screen Covering Substantial Portion of Front Face x Display Screen in Center of Device x Narrow Borders on Sides of Screen x Broader Borders Above and Below Screen Without waiving any right to address additional design characteristics of this prior art that anticipate and/or render obvious the design claimed in D'678, and without waiving any right to show that the design claimed in D'678 is indefinite, this prior art shares at least the following design characteristics with those that may be claimed in D'678: x Rounded Corners x Lack of Significant Ornamentation x Rectangular Shape x Flat Continuous 2. Korean Patent 0398307 — (Issued Nov. 15, 2005; SAMNDCA00282113 - SAMNDCA00282120) 157 CONTAINS CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER Prior Art Design Elements Surface x Horizontal Speaker Slot x Speaker Slot Located Near Top of Device x Display Screen Covering Substantial Portion of Front Face x Display Screen in Center of Device x Narrow Borders on Sides of Screen x Broader Borders Above and Below Screen Disclosure Rendering the Claim Unpatentable 158 CONTAINS CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER Prior Art Design Elements Without waiving any right to address additional design Disclosure Rendering the Claim Unpatentable 3. United States Patent D504,889 — (filed March 17, 2004; SAMNDCA00200769—SAMNDCA00200773) 159 CONTAINS CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER Prior Art Design Disclosure Rendering the Claim Unpatentable Elements characteristics of this prior art that anticipate and/or render obvious the design claimed in D'678, and without waiving any right to show that the design claimed in D'678 is indefinite, this prior art shares at least the following design characteristics with those that may be claimed in D'678: x Rounded Corners x Lack of Significant Ornamentation x Rectangular Shape x Flat Continuous Surface x Reflective or Transparent Surface x Display Screen Covering Substantial Portion of Front Face x Display Screen in Center of Device Without waiving any right to address additional design characteristics of this prior art that anticipate and/or render obvious the design claimed in D'678, and without waiving any right to show that the design claimed in D'678 is indefinite, this prior art shares at least the following design characteristics with 4. LG Prada — (Images available to public by December 2006; SAMNDCA00326458 - SAMNDCA00326461) 160 CONTAINS CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER Prior Art Design Disclosure Rendering the Claim Unpatentable Elements those that may be claimed in D'678: x Rounded Corners x Lack of Significant Ornamentation x Rectangular Shape x Flat Continuous Surface x Reflective or Transparent Surface x Horizontal Speaker Slot x Speaker Slot Located Near Top of Device x Display Screen Covering Substantial Portion of Front Face x Display Screen in Center of Device x Narrow Borders on Sides of Screen x Broader Borders Above and Below Screen Without waiving any right to address additional design characteristics of this prior art that anticipate and/or render obvious the design claimed in D'678, and without waiving any right to show that the design claimed in D'678 is indefinite, this prior art 5. Sharp Japanese Registration – JP 1241638 — (Issued June 6, 2005; SAMNDCA00255247—SAMNDCA00255260) 161 CONTAINS CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER Prior Art Design Elements shares at least the following design characteristics with those that may be claimed in D'678: x Rounded Corners x Lack of Significant Ornamentation x Rectangular Shape x Horizontal Speaker Slot x Speaker Slot Located Near Top of Device x Display Screen Covering Substantial Portion of Front Face x Display Screen in Center of Device x Narrow Borders on Sides of Screen x Broader Borders Above and Below Screen Without waiving any right to address additional design characteristics of this prior art that anticipate and/or render obvious the design claimed in D'678, and without waiving any right to show that the design claimed in D'678 is indefinite, this prior art shares at least the following design characteristics with those that may be claimed in D'678: Disclosure Rendering the Claim Unpatentable 6. LG Chocolate (LG KG800) — (Released March 2006; SAMNDCA00326329 - SAMNDCA00326331; SAMNDCA00326462) 162 CONTAINS CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER Prior Art Design Disclosure Rendering the Claim Unpatentable Elements x Rounded Corners x Lack of Significant Ornamentation x Rectangular Shape x Flat Continuous Surface x Reflective or Transparent Surface x Horizontal Speaker Slot x Speaker Slot Located Near Top of Device x Display Screen Covering Substantial Portion of Front Face x Display Screen in Center of Device x Narrow Borders on Sides of Screen x Broader Borders Above and Below Screen Without waiving any right to address additional design characteristics of this prior art that anticipate and/or render obvious the design claimed in D'678, and without 7. United States Patent, D536,691 — (Filed Mar. 13, 2006; Issued Feb. 13, 2007; SAMNDCA00200883— SAMNDCA00200888) 163 CONTAINS CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER Prior Art Design Disclosure Rendering the Claim Unpatentable Elements waiving any right to show that the design claimed in D'678 is indefinite, this prior art shares at least the following design characteristics with those that may be claimed in D'678: x Rounded Corners x Lack of Significant Ornamentation x Rectangular Shape x Flat Continuous Surface x Reflective or Transparent Surface x Horizontal Speaker Slot x Speaker Slot Located Near Top of Device x Display Screen Covering Substantial Portion of Front Face x Display Screen in Center of Device x Narrow Borders on Sides of Screen x Broader Borders Above and Below Screen Without waiving any right to address additional design characteristics of this prior art that anticipate and/or render obvious the design claimed in D'678, and without waiving any right to show that the design 8. Japanese Patent JP 1241383 — (Issued June 2005; SAMNDCA00255283—SAMNDCA00255295) 164 CONTAINS CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER Prior Art Design Disclosure Rendering the Claim Unpatentable Elements claimed in D'678 is indefinite, this prior art shares at least the following design characteristics with those that may be claimed in D'678: x Rounded Corners x Lack of Significant Ornamentation x Rectangular Shape x Flat Continuous Surface x Display Screen Covering Substantial Portion of Front Face x Display Screen in Center of Device x Narrow Borders on Sides of Screen x Broader Borders Above and Below Screen Without waiving any right to address additional design characteristics of this prior art that anticipate and/or render obvious the design claimed in D'678, and without waiving any right to show that the design claimed in D'678 is indefinite, this prior art shares at least the following design characteristics with those that may be 9. Japanese Design Patent JP 1009317 — (Issued Feb. 20, 1998; SAMNDCA00255278—SAMNDCA00255282) 165 CONTAINS CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER Prior Art Design Elements claimed in D'678: x Rounded Corners x Lack of Significant Ornamentation x Rectangular Shape x Flat Continuous Surface x Horizontal Speaker Slot x Speaker Slot Located Near Top of Device x Display Screen Covering Substantial Portion of Front Face x Display Screen in Center of Device x Narrow Borders on Sides of Screen x Broader Borders Above and Below Screen Without waiving any right to address additional design characteristics of this prior art that anticipate and/or render obvious the design claimed in D'678, and without waiving any right to show that the design claimed in D'678 is indefinite, this prior art shares at least the following design characteristics with those that may be claimed in D'678: x Rounded Corners x Lack of Significant Ornamentation Disclosure Rendering the Claim Unpatentable 10. Samsung Korean Patent 30-0452984; Application KR 302006-0050769 — (Applied for December 2006; patent issued Aug. 2007; SAMNDCA00255357—SAMNDCA00255365) 166 CONTAINS CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER Prior Art Design Elements x Rectangular Shape x Flat Continuous Surface x Horizontal Speaker Slot x Speaker Slot Located Near Top of Device x Display Screen Covering Substantial Portion of Front Face x Display Screen in Center of Device x Narrow Borders on Sides of Screen x Broader Borders Above and Below Screen Without waiving any right to address additional design characteristics of this prior art that anticipate and/or render obvious the design claimed in D'678, and without waiving any right to show that the design claimed in D'678 is indefinite, this prior art shares at least the following design characteristics with those that may be claimed in D'678: x Rounded Corners Disclosure Rendering the Claim Unpatentable 11. Japanese Design Patent JP-S-887388 — (Issued Dec. 21, 1993; SAMNDCA00255215—SAMNDCA00255221) 167 CONTAINS CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER Prior Art Design Elements x Lack of Significant Ornamentation x Rectangular Shape x Display Screen Covering Substantial Portion of Front Face x Display Screen in Center of Device Without waiving any right to address additional design characteristics of this prior art that anticipate and/or render obvious the design claimed in D'678, and without waiving any right to show that the design claimed in D'678 is indefinite, this prior art shares at least the following design characteristics with those that may be claimed in D'678: x Rounded Corners x Lack of Significant Ornamentation x Rectangular Shape x Display Screen Covering Substantial Portion of Front Face Disclosure Rendering the Claim Unpatentable 12. Japanese Design Patent JP-S-1142127 — (Issued May 27, 2002; SAMNDCA00255229—SAMNDCA00255246) 168 CONTAINS CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER Prior Art Design Elements x Display Screen in Center of Device Without waiving any right to address additional design characteristics of this prior art that anticipate and/or render obvious the design claimed in D'678, and without waiving any right to show that the design claimed in D'678 is indefinite, this prior art shares at least the following design characteristics with those that may be claimed in D'678: x Rounded Corners x Lack of Significant Ornamentation x Rectangular Shape x Flat Continuous Surface x Reflective or Transparent Surface x Display Screen Covering Substantial Portion of Front Face x Display Screen in Center of Device Disclosure Rendering the Claim Unpatentable 13. United States Design Patent D497,364 — (Filed Nov. 27, 2002, Issued Oct. 19, 2004; SAMNDCA00326308 SAMNDCA00326314) 169 CONTAINS CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER Prior Art Design Elements Without waiving any right to address additional design characteristics of this prior art that anticipate and/or render obvious the design claimed in D'678, and without waiving any right to show that the design claimed in D'678 is indefinite, this prior art shares at least the following design characteristics with those that may be claimed in D'678: x Rounded Corners x Lack of Significant Ornamentation x Rectangular Shape Disclosure Rendering the Claim Unpatentable 14. United States Patent D548,747 — (filed August 24, 2005; SAMNDCA00200936—SAMNDCA00200940) 170 CONTAINS CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER Prior Art Design Disclosure Rendering the Claim Unpatentable Elements x Flat Continuous Surface x Reflective or Transparent Surface 171 CONTAINS CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER Prior Art Design Elements Disclosure Rendering the Claim Unpatentable 172 CONTAINS CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER Prior Art Design Disclosure Rendering the Claim Unpatentable Elements Without waiving any 15. iRiver U10 — (Released October 2005;SAMNDCA00326325 right to address - SAMNDCA00326328) additional design characteristics of this prior art that anticipate and/or render obvious the design claimed in D'678, and without waiving any right to show that the design claimed in D'678 is indefinite, this prior art shares at least the following design characteristics with those that may be claimed in D'678: x Rounded Corners x Lack of Significant Ornamentation x Rectangular Shape x Flat Continuous Surface x Reflective or Transparent Surface x Display Screen Covering Substantial Portion of Front Face x Display Screen in Center of Device x Narrow Borders on Two Opposing Sides of Screen x Broader Borders on the Remaining Two Sides of the Screen Without waiving any right to address additional design 16. Nokia N92 — (Released 2005; SAMNDCA00326338 SAMNDCA00326339) 173 CONTAINS CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER Prior Art Design Disclosure Rendering the Claim Unpatentable Elements characteristics of this prior art that anticipate and/or render obvious the design claimed in D'678, and without waiving any right to show that the design claimed in D'678 is indefinite, this prior art shares at least the following design characteristics with those that may be claimed in D'678: x Rounded Corners x Lack of Significant Ornamentation x Rectangular Shape x Flat Continuous Surface x Reflective or Transparent Surface x Horizontal Speaker Slot x Speaker Slot Located Near Top of Device x Display Screen Covering Substantial Portion of Front Face x Display Screen in Center of Device x Narrow Borders on Sides of Screen x Broader Borders Above and Below Screen Without waiving any 17. Olympus m:robe MR-100 — (Released 2005; 174 CONTAINS CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER Prior Art Design Disclosure Rendering the Claim Unpatentable Elements right to address SAMNDCA00326463 - SAMNDCA00326466) additional design characteristics of this prior art that anticipate and/or render obvious the design claimed in D'678, and without waiving any right to show that the design claimed in D'678 is indefinite, this prior art shares at least the following design characteristics with those that may be claimed in D'678: x Rounded Corners x Lack of Significant Ornamentation x Rectangular Shape x Flat Continuous Surface x Reflective or Transparent Surface x Display Screen 175 CONTAINS CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER Prior Art Design Disclosure Rendering the Claim Unpatentable Elements Without waiving any 18. Japanese Design Patent 1204221 — (Issued May 10, 2004; right to address SAMNDCA00256066—SAMNDCA00256079) additional design characteristics of this prior art that anticipate and/or render obvious the design claimed in D'678, and without waiving any right to show that the design claimed in D'678 is indefinite, this prior art shares at least the following design characteristics with those that may be claimed in D'678: x Rounded Corners x Lack of Ornamentation x Rectangular Shape x Flat Continuous Surface x Horizontal Ear Speaker Slot x Ear Speaker Slot Located Near Top of Device x Display Screen Covering Substantial Portion of Front Face x Display Screen in Center of Device x Narrow Borders on Sides of Screen x Broader Borders Above and Below Screen Without waiving any 19. Nokia Design Contest Phone by Ricardo Villas-Boas — 176 CONTAINS CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER Prior Art Design Disclosure Rendering the Claim Unpatentable Elements right to address (Publicly displayed online in 2004; SAMNDCA00326336 additional design SAMNDCA00326337; SAMNDCA00326380 characteristics of this SAMNDCA00326385) prior art that anticipate and/or render obvious the design claimed in D'678, and without waiving any right to show that the design claimed in D'678 is indefinite, this prior art shares at least the following design characteristics with those that may be claimed in D'678: x Rounded Corners x Lack of Ornamentation x Flat Continuous Surface x Ear Speaker Opening Near Top of Device x Display Screen Covering Substantial Portion of Front Face x Display Screen in Center of Device x Narrow Borders on Sides of Screen x Broader Borders Above and Below Screen Without waiving any right to address 20. Korean Design Patent KR 30-0418547 — (Issued July 2006; SAMNDCA00255321—SAMNDCA00255329) 177 CONTAINS CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER RESPONSE TO INTERROGATORY NO. 47: SEC incorporates each of its general objections by reference. SEC further objects to this request as premature to the extent it calls for SEC to identify “the person whom you expect will offer testimony.” SEC further objects to this request to the extent it calls for information protected from discovery by the attorney-client privilege and/or the work product doctrine. Respondent objects to this request as being premature to the extent it calls for information prior to the schedule set by the Court for the disclosure of such information, including to the extent that it seeks information that is more properly the subject of expert testimony prior the time set for expert discovery by the Court. Without waiving the foregoing general and specific objections and subject to those objections, SEC responds as follows: After all parties to this Investigation have met and conferred for purposes of deciding on a mutually-agreed joint schedule for the mutual exchange of information sought by interrogatories served by any Party, including this interrogatory, that seek information as described in 19 C.F.R. § 210.29(b)(3), SEC will supplement its response to this interrogatory in accordance with such joint schedule. SEC is continuing to investigate the subject matter of this interrogatory and reserves the right to supplement its response to the extent it locates additional non-privileged, relevant documents or information responsive to this interrogatory and to the extent Complainant produces to SEC materials or information relevant to this request. Dated: February 15, 2012 Respectfully submitted, /s/ Eric Huang Charles K. Verhoeven 230 CONTAINS CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER Quinn Emanuel Urquhart & Sullivan, LLP 50 California Street, 22nd Floor San Francisco, CA 94111 Telephone: 415-875-6600 Kevin P.B. Johnson Victoria Maroulis Quinn Emanuel Urquhart & Sullivan, LLP 555 Twin Dolphin Drive, 5th Floor Redwood Shores, California 94065 Telephone: 650-801-5066 Eric Huang Quinn Emanuel Urquhart & Sullivan, LLP 51 Madison Ave., 22nd Floor New York, NY 10010 Telephone: 212-849-7000 William Price Quinn Emanuel Urquhart & Sullivan, LLP 865 S. Figueroa St., 10th Floor Los Angeles, California 90017 Telephone: 213-443-3000 Paul F. Brinkman S. Alex Lasher Quinn Emanuel Urquhart & Sullivan, LLP 1299 Pennsylvania Ave. NW, Suite 825 Washington, DC 20004 Telephone: 202-756-1950 Charles F. Schill Steptoe & Johnson LLP 1330 Connecticut Avenue, NW Washington, DC 20036 Telephone: 202-429-8162 Counsel for Respondent Samsung Electronics Co., Ltd. 231 CONTAINS CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER CERTIFICATE OF SERVICE The undersigned certifies that, on February 15, 2012, he caused the RESPONDENT SAMSUNG ELECTRONICS CO., LTD.'S EIGHTH SET OF SUPPLEMENTAL RESPONSES TO COMPLAINANT’S FIRST SET OF INTERROGATORIES (NOS. 33-38) to be served on behalf of Respondents Samsung Electronics Co., LTD, Samsung Electronics America, and Samsung Telecommunications America, LLC. as follows: … … … … ; Reginald Lucas, Esq. Office of Unfair Import Investigations U.S. International Trade Commission 500 E Street, SW Washington, DC 20436 Via First Class Mail Via Hand Delivery Via Overnight Courier Via Facsimile Via E-mail (PDF) Reginald.Lucas@usitc.gov … … … … ; Alexander J. Hadjis MORRISON & FOERSTER LLP 2000 Pennsylvania Ave., NW, Suite 6000 Washington, DC 20006 Tel: (202) 887-1500 Fax: (202) 887-0763 Via First Class Mail Via Hand Delivery Via Overnight Courier Via Facsimile Via E-mail (PDF) AppleITC@mofo.com Counsel for Complainant Apple, Inc. ______/s/ Ron Hagiz_________________________ 232

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