Apple Inc. v. Samsung Electronics Co. Ltd. et al
Filing
1442
RESPONSE to 1440 Apple's Objections to Samsung's Opening Slides 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 Joseph Milowic III and Exhibits A-E)(Maroulis, Victoria) (Filed on 7/29/2012) Modified on 7/30/2012 linking entry to document #1440 (dhm, COURT STAFF).
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QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Bar No. 170151)
charlesverhoeven@quinnemanuel.com
nd
50 California Street, 22 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
Telephone: (650) 801-5000
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,
Plaintiff,
vs.
CASE NO. 11-cv-01846-LHK
DECLARATION OF JOSEPH MILOWIC
III IN SUPPORT OF SAMSUNG’S
RESPONSES TO APPLE’S OBJECTIONS
SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity; SAMSUNG
ELECTRONICS AMERICA, INC., a New
York corporation; SAMSUNG
TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,
Defendants.
02198.51855/4880196.1
Case No. 11-cv-01846-LHK
DECLARATION OF JOSEPH MILOWIC III
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DECLARATION OF JOSEPH MILOWIC III
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I, JOSEPH MILOWIC III, 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 Samsung’s Responses to Apple’s Objections. I have personal knowledge of the facts
7 set forth in this declaration and, if called as a witness, could and would competently testify to them
8 under oath.
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2.
Attached as Exhibit A is a true and correct copy of e-mail correspondence dated
10 March 1, 2012 between counsel for Intel and counsel for Samsung identifying dates when Intel
11 Rule 30(b)(6) witnesses would be available for deposition.
12
3.
Attached as Exhibit B is a true and correct copy of an email thread including
13 correspondence dated March 1, 2012 through March 6, 2012 between counsel for Samsung and
14 counsel for Apple discussing scheduling of Intel depositions.
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4.
Attached as Exhibit C is a true and correct copy of Apple’s March 6, 2012 Notice
16 of Subpoena for Deposition to Intel Corporation.
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5.
Attached as Exhibit D is a true and correct copy of an email thread including
18 correspondence dated March 6, 2012 through March 16, 2012 between counsel for Samsung, Intel
19 and Apple discussing scheduling of Intel depositions.
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6.
During the Intel deposition, which took place at Apple’s counsel’s office in
21 Brussels, Belgium, Apple’s counsel participated in the deposition, questioned the witnesses, and
22 lodged no objections at the time of the deposition. The Intel deposition took place over a series of
23 days, March 20-23, to accommodate four witnesses knowledgeable about different aspects of the
24 Intel chips. I attended two of the three days of deposition (March 22-23, 2012), and I reviewed the
25 transcripts of the other witnesses.
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7.
During the March 22, 2012 deposition of Ms. Maribel Gomez, Apple’s counsel
27 reiterated on the record its view that it was “entitled” to half of the deposition time to ask its own
28 questions.
02198.51855/4880196.1
-2-
Case No. 11-cv-01846-LHK
DECLARATION OF JOSEPH MILOWIC III
1
8.
Attached as Exhibit E is a true and correct copy of February 23, 2012 deposition
2 testimony of Mr. Greg Joswiak at 21:17-22:14, including the pages before and after the cited
3 testimony.
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I declare under penalty of perjury that the forgoing is true and correct to the best of my
6 knowledge.
7
Executed this 29th day of July, 2012, in San Jose, CA.
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/s/ Joseph Milocwic III
JOSEPH MILOWIC III
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02198.51855/4880196.1
-3-
Case No. 11-cv-01846-LHK
DECLARATION OF JOSEPH MILOWIC III
1 General Order 45 Attestation
2
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 Joseph Milowic III
4 has concurred in this filing.
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6
DATE: July 29, 2012
/s/ Victoria Maroulis
Victoria Maroulis
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02198.51855/4880196.1
-4-
Case No. 11-cv-01846-LHK
DECLARATION OF JOSEPH MILOWIC III
EXHIBIT A
Brian Mack
From:
Sent:
To:
Cc:
Subject:
Shvodian, Daniel T. (Perkins Coie) [DShvodian@perkinscoie.com]
Thursday, March 01, 2012 3:39 PM
Brian Mack; Todd Briggs; Mark Tung
Kelley, Christopher L. (Perkins Coie); Franks, Tim (Perkins Coie); Valentine, James (Perkins
Coie)
Deposition Schedule for the ND Cal. case
All,
We are able to make witnesses available on the following topics on the following dates:
Friday, March 9 (Dusseldorf) - transmit gains for E-DPDCH channels ('516 patent)
Monday, March 12 (Dusseldorf) - Rx Processing for TrCH including turbo decoder ('604 and '792)
Wednesday, March 14 (Munich) - Alternative E-bit function ('941 patent)
Wednesday, March 14 (Dusseldorf) - firmware relating to TrCH coding ('001, '410 and '604 patents) - Dusseldorf
Thursday March 15 - hardware relating to TrCH coding ('001, '410 and '604 patents) and secondary scrambling
sequence generator ('867)
Thursday, March 15 (Dusseldorf) - hardware relating to TrCH coding ('001, '410 and '604 patents) and secondary
scrambling sequence generator ('867)
We are trying to get a final confirmation regarding all of these dates, but we believe that this will be the schedule.
We have offered having individuals sign declarations authenticating that the relevant code is used in the relevant chips in
lieu of a deposition. Please let us know if this is acceptable for any of the above topics. This may be particularly
appropriate for the "Rx Processing for TrCH including turbo decoder" because the individuals that developed that code
are no longer with IMC, and the witness does not have detailed knowledge of the code or its function. Please let us know
as soon as you can whether Samsung would be willing to forgo deposing a witness on any of these topics in lieu of such a
declaration. We will keep your response confidential from Apple until we have received their response.
Also, in accordance with the Protective Order, please let us know as soon as possible the Bates numbers of the code that
you will need for each deposition day.
And please let us know the location and start times for the depositions. I suggest that you coordinate directly with Apple
on the logistics.
Regards,
Dan
Daniel T. Shvodian | Perkins Coie LLP
PARTNER
3150 Porter Dr.
Palo Alto, CA 94304
PHONE: 650.838.4413
FAX: 650.838.4613
E-MAIL: dshvodian@perkinscoie.com
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EXHIBIT B
Ketan Patel
From:
Sent:
To:
Subject:
Ketan Patel
Sunday, July 29, 2012 2:24 AM
Ketan Patel
FW: Apple v. Samsung (NDCA) -- Intel Depositions in Germany
From: Kolovos, Peter [mailto:Peter.Kolovos@wilmerhale.com]
Sent: Tuesday, March 06, 2012 10:56 AM
To: Todd Briggs
Cc: WH Apple Samsung NDCal Service; Samsung v. Apple; 'AppleMoFo'
Subject: RE: Apple v. Samsung (NDCA) -- Intel Depositions in Germany
Todd,
Apple is available on the indicated dates for these depositions. Apple is issuing its own deposition subpoena to Intel,
and Apple's deposition will proceed on these same dates. We expect that Samsung and Apple will divide the allotted
deposition time evenly at these depositions (3.5 hours of testimony per party), as I understand was the case for the Intel
depositions in the 794 matter.
We will look into available space at Freshfields. Have the other logistical arrangements already been made, reporters,
videographers, etc.?
-- Peter
From: Todd Briggs [mailto:toddbriggs@quinnemanuel.com]
Sent: Tuesday, March 06, 2012 1:18 PM
To: Todd Briggs; Kolovos, Peter
Cc: WH Apple Samsung NDCal Service; Samsung v. Apple; 'AppleMoFo'
Subject: RE: Apple v. Samsung (NDCA) -- Intel Depositions in Germany
Peter,
Will Apple be attending these depositions? If so, we wanted to coordinate with you on the locations. I believe
Apple arranged for the Intel depositions in the ITC action to take place at Freshfields’ offices. Shall we do that
for these depositions?
Thanks, Todd
From: Todd Briggs
Sent: Saturday, March 03, 2012 9:01 AM
To: Todd Briggs; 'Kolovos, Peter'
Cc: 'WH Apple Samsung NDCal Service'; Samsung v. Apple; 'AppleMoFo'
Subject: RE: Apple v. Samsung (NDCA) -- Intel Depositions in Germany
Peter,
Intel gave us revised dates for the depositions in Germany.
Friday, March 9 (Dusseldorf) - transmit gains for E-DPDCH channels ('516 patent)
1
Monday, March 12 (Dusseldorf) - Rx Processing for Rel. 99 TrCH including turbo decoder ('604)
Wednesday, March 14 (Munich) - Alternative E-bit function ('941 patent)
Wednesday, March 14 (Dusseldorf) - hardware relating to TrCH coding ('001, '410 and '604 patents)
and secondary scrambling sequence generator ('867)
Thursday, March 15 (Dusseldorf) - Turbo decoder for HSDPA ('792)
Samsung will be going forward with these depositions on the dates above. Please let us know if Apple will be
attending these depositions so we can coordinate logistics.
Thanks, Todd
From: Todd Briggs
Sent: Thursday, March 01, 2012 5:50 PM
To: Kolovos, Peter
Cc: WH Apple Samsung NDCal Service; Samsung v. Apple; 'AppleMoFo'
Subject: Apple v. Samsung (NDCA) -- Intel Depositions in Germany
Peter,
We have been attempting to obtain deposition dates from Intel for quite some time. This afternoon, Intel
finally provided some.
Friday, March 9 (Dusseldorf) - transmit gains for E-DPDCH channels ('516 patent)
Monday, March 12 (Dusseldorf) - Rx Processing for TrCH including turbo decoder ('604 and '792)
Wednesday, March 14 (Munich) - Alternative E-bit function ('941 patent)
Wednesday, March 14 (Dusseldorf) - firmware relating to TrCH coding ('001, '410 and '604 patents) Dusseldorf
Thursday March 15 - hardware relating to TrCH coding ('001, '410 and '604 patents) and secondary
scrambling sequence generator ('867)
Thursday, March 15 (Dusseldorf) - hardware relating to TrCH coding ('001, '410 and '604 patents) and
secondary scrambling sequence generator ('867)
Please let us know if Apple plans on attending these depositions. Also, since they will be taking place after the
3/8 cutoff, we would like to file a stipulation to take these after that date.
Thanks, Todd
Todd Briggs
Partner,
Quinn Emanuel Urquhart & Sullivan, LLP
2
555 Twin Dolphin Drive, 5th Floor
Redwood Shores, CA 94065
650-801-5020 Direct
650.801.5000 Main Office Number
650.801.5100 FAX
toddbriggs@quinnemanuel.com
www.quinnemanuel.com
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EXHIBIT C
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SERVICE LIST
Erik J. Olson
ejolson@mofo.com
Morrison & Foerster LLP
755 Page Mill Road
Palo Alto, CA 94304
Michael A. Jacobs
mjacobs@mofo.com
Alison Margaret Tucher
atucher@mofo.com
Andrew Ellis Monach
amonach@mofo.com
Deok Keun Matthew Ahn
dahn@mofo.com
Harold J. McElhinny
HMcElhinny@mofo.com
Jason R. Bartlett
JasonBartlett@mofo.com
Jennifer Lee Taylor
JLeeTaylor@mofo.com
Richard S.J. Hung
rhung@mofo.com
Esther Kim
ekim@mofo.com
Grant L. Kim
gkim@mofo.com
Patrick J. Zhang
pzhang@mofo.com
Morrison & Foerster LLP
425 Market Street
San Francisco, CA 94105
Attorneys for Plaintiff Apple Inc.
Attorneys for Plaintiff Apple Inc.
Mark Daniel Selwyn
mark.selwyn@wilmerhale.com
Andrew L. Liao
Andrew.liao@wilmerhale.com
Christine E. Duh
Christine.duh@wilmerhale.com
Liv Leila Herriot
liv.herriot@wilmerhale.com
Mark D. Flanagan
mark.flanagan@wilmerhale.com
Wilmer Cutler Pickering Hale & Dorr LLP
950 Page Mill Road
Palo Alto, CA 94304
Samuel Calvin Walden
samuel.walden@wilmerhale.com
David B. Bassett
David.bassett@wilmerhale.com
Jeremy Winer
Jeremy.winer@wilmerhale.com
Robert J. Gunther, Jr.
Robert.gunther@wilmerhale.com
Victor F. Souto
Victor.souto@wilmerhale.com
Wilmer Cutler Pickering Hale and Dorr
LLP
399 Park Avenue
New York, NY 10022
Attorneys for Plaintiff Apple Inc.
Attorneys for Plaintiff Apple Inc.
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COOLEY LLP
ATTORNEYS AT LAW
PALO ALTO
2.
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Ali H. Shah
Ali.Shah@wilmerhale.com
Wilmer Cutler Pickering Hale and Dorr
LLP
1875 Pennsylvania Avenue NW
Washington, DC 20006
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Attorneys for Plaintiff Apple Inc.
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3
Brian Larivee
Brian.larivee@wilmerhale.com
Brian Seeve
Brian.seeve@wilmerhale.com
Emily R. Whelan
Emily.whelan@wilmerhale.com
James C. Burling
James.burling@wilmerhale.com
Michael A. Diener
Michael.diener@wilmerhale.com
Michael Saji
Michael.saji@wilmerhale.com
Peter James Kolovos
Peter.kolovos@wilmerhale.com
Richard Goldenberg
Richard.goldenberg@wilmerhale.com
Robert Donald Cultice
Robert.cultice@wilmerhale.com
William F. Lee
William.lee@wilmerhale.com
Wilmer Cutler Pickering Hall and Dorr LLP
60 State Street
Boston, MA 02109
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Attorneys for Plaintiff Apple Inc.
Charles Kramer Verhoeven
charlesverhoeven@quinnemanuel.com
Edward John DeFranco
ddefranco@quinnemanuel.com
Quinn Emanuel Urquhart & Sullivan LLP
50 California Street, 22nd Floor
San Francisco, Ca 94111
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Joshua Ryan Benson
jbenson@tcolaw.com
Stephen McGeorge Bundy
sbundy@tcolaw.com
Stephen E. Taylor
staylor@tcolaw.com
Taylor and Company Law Offices, LLP
One Ferry Bldg
Suite No. 355
San Francisco, CA 94111
Attorneys for Defendants Samsung Electronics
America, Inc., Samsung Telecommunications
America, LLC
Attorneys for Plaintiff Apple Inc.
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COOLEY LLP
ATTORNEYS AT LAW
PALO ALTO
3.
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Michael Thomas Zeller
michaelzeller@quinnemanuel.com
Quinn Emanuel
865 S. Figueroa Street, 10th Floor
Los Angeles, CA 90017
Kevin P.B. Johnson
kevinjohnson@quinnemanuel.com
Margret Mary Caruso
margretcaruso@quinnemanuel.com
Todd Michael Briggs
toddbriggs@quinnemanuel.com
Victoria F. Maroulis
victoriamaroulis@quinnemanuel.com
Rachel H. Kassabian
rachelkassabian@quinnemanuel.com
Quinn Emanuel Urquhart & Sullivan LLP
555 Twin Dolphin Drive, 5th Floor
Redwood Shores, CA 94065
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Attorneys for Defendant Samsung Electronics
America, Inc.
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Attorneys for Defendants Samsung Electronics
Co. Ltd. Samsung Electronics America, Inc.,
Samsung Telecommunications America, LLC
John M Caracappa
jcaracap@steptoe.com
Paul A. Gennari
pgennari@steptoe.com
Steptoe Johnson LLP
1330 Connecticut Ave., NW
Washington, DC 20036
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Huan-Yi Lin
hlin@steptoe.com
Michael Richard Heimbold
mheimbold@steptoe.com
Steptoe Johnson LLP
2121 Avenue of the Stars, Suite 2800
Los Angeles, CA 90067
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Attorneys for Defendants Samsung Electronics
America, Inc., Samsung Telecommunications
America, LLC
Thomas G. Pasternak
Thomas.pasternak@dlapiper.com
DLA Piper US LLP
115 South La Salle Street, Suite 3100
Chicago, IL 60603
Attorneys for Defendants Samsung Electronics
Co. Ltd. Samsung Electronics America, Inc.,
Samsung Telecommunications America, LLC
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Attorneys for Defendants Samsung Electronics
Co. Ltd. Samsung Electronics America, Inc.,
Samsung Telecommunications America, LLC
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COOLEY LLP
ATTORNEYS AT LAW
PALO ALTO
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Benjamin Laban Singer
bls@hsrslaw.com
James E. Hopenfeld
jeh@hsrslaw.com
Hopenfeld Singer Rice and Saito LLP
235 Montgomery Street, Suite 907
San Francisco, CA 94104
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Attorneys for Defendants Samsung Electronics
Co. Ltd. Samsung Electronics America, Inc.,
Samsung Telecommunications America, LLC
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ATTORNEYS AT LAW
PALO ALTO
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EXHIBIT D
Ketan Patel
From:
Sent:
To:
Subject:
Ketan Patel
Sunday, July 29, 2012 2:35 AM
Ketan Patel
FW: Subpoenas of Intel
From: Kolovos, Peter [mailto:Peter.Kolovos@wilmerhale.com]
Sent: Friday, March 16, 2012 12:41 PM
To: Brian Mack; Shvodian, Daniel T. (Perkins Coie); Todd Briggs; Selwyn, Mark; Franks, Tim (Perkins Coie);
CKelley@perkinscoie.com; Valentine, James (Perkins Coie)
Cc: Robert Becher; Eric Huang; Stephen Swedlow; Lantier, Gregory; 'rhaslam@cov.com'; 'Taub, Winslow'; David Elihu;
Kolovos, Peter
Subject: RE: Subpoenas of Intel
Brian,
We have conference rooms available, so we can use our Brussels office for these depositions.
WilmerHale
Bastion Tower
Place du Champ de Mars/Marsveldplein 5
BE 1050 Brussels, Belgium
+32 2 285 49 00 (t)
+32 2 285 49 49 (f)
Reception -- 19th floor
-- Peter
From: Brian Mack [mailto:brianmack@quinnemanuel.com]
Sent: Friday, March 16, 2012 1:56 PM
To: Kolovos, Peter; Shvodian, Daniel T. (Perkins Coie); Todd Briggs; Selwyn, Mark; Franks, Tim (Perkins Coie);
CKelley@perkinscoie.com; Valentine, James (Perkins Coie)
Cc: Robert Becher; erichuang@quinnemanuel.com; Stephen Swedlow; Lantier, Gregory; 'rhaslam@cov.com'; 'Taub,
Winslow'; David Elihu
Subject: RE: Subpoenas of Intel
Peter,
You Brussels office would be best. We are in the process of arranging the court reporter, videographer, and translator
for all three days.
Brian
Brian E. Mack | quinn emanuel trial lawyers | 415-875-6423 Direct | brianmack@quinnemanuel.com
From: Kolovos, Peter [mailto:Peter.Kolovos@wilmerhale.com]
Sent: Friday, March 16, 2012 9:56 AM
To: Shvodian, Daniel T. (Perkins Coie); Todd Briggs; Selwyn, Mark; Franks, Tim (Perkins Coie); CKelley@perkinscoie.com;
Valentine, James (Perkins Coie)
Cc: Brian Mack; Robert Becher; Eric Huang; Stephen Swedlow; Lantier, Gregory; 'rhaslam@cov.com'; 'Taub, Winslow';
1
David Elihu
Subject: RE: Subpoenas of Intel
Todd and Dan,
We can reserve conference rooms in our Brussels office for these depositions, unless you already have reserved other
space. Just let me know.
In addition, as noted in my March 6 email, given that both parties have issued deposition subpoenas to Intel, please
confirm that the parties will divide the allotted deposition time at these depositions evenly, as I understand was the case
for the Intel depositions in the 794 matter.
-- Peter
From: Shvodian, Daniel T. (Perkins Coie) [mailto:DShvodian@perkinscoie.com]
Sent: Friday, March 16, 2012 12:51 PM
To: Todd Briggs; Selwyn, Mark; Franks, Tim (Perkins Coie); CKelley@perkinscoie.com; Valentine, James (Perkins Coie)
Cc: Brian Mack; Robert Becher; erichuang@quinnemanuel.com; Stephen Swedlow; Lantier, Gregory; 'rhaslam@cov.com';
'Taub, Winslow'; David Elihu; Kolovos, Peter
Subject: RE: Subpoenas of Intel
You are correct, but not as obvious as you might think. For one witness, her first language is Spanish. But I'll let Chris
and/or Jim advise on the need for an interpreter for the other witnesses.
For the witness Tuesday morning, re power scaling, he needs a German interpreter. For the witness Tuesday afternoon
re Alt E-bit, it would probably make sense to have a German interpreter there as well.
From: Todd Briggs [mailto:toddbriggs@quinnemanuel.com]
Sent: Friday, March 16, 2012 9:43 AM
To: Shvodian, Daniel T. (Perkins Coie); Selwyn, Mark; Franks, Tim (Perkins Coie); Kelley, Christopher L. (Perkins Coie);
Valentine, James (Perkins Coie)
Cc: Brian Mack; Robert Becher; Eric Huang; Stephen Swedlow; Lantier, Gregory; 'rhaslam@cov.com'; 'Taub, Winslow';
David Elihu; Kolovos, Peter
Subject: RE: Subpoenas of Intel
Dan,
We are working on the location and will get that information to you as soon as we have it.
I think this is obvious, but the witness on Tuesday speaks German, right?
Do you know if any of the other witnesses will need an interpreter?
Thanks, Todd
From: Shvodian, Daniel T. (Perkins Coie) [mailto:DShvodian@perkinscoie.com]
Sent: Friday, March 16, 2012 9:39 AM
To: Selwyn, Mark; Todd Briggs; Franks, Tim (Perkins Coie); Kelley, Christopher L. (Perkins Coie); Valentine, James
(Perkins Coie)
Cc: Brian Mack; Robert Becher; Eric Huang; Stephen Swedlow; Lantier, Gregory; 'rhaslam@cov.com'; 'Taub, Winslow';
David Elihu; Kolovos, Peter
Subject: RE: Subpoenas of Intel
2
Please let us know where are the depositions going to be held in Brussels?
Also, the witness who will be deposed Tuesday morning will need an interpreter. The deposition can be conducted in
English, but he sometimes struggles with some words and might need them interpreted.
Dan
From: Selwyn, Mark [mailto:Mark.Selwyn@wilmerhale.com]
Sent: Thursday, March 15, 2012 8:50 PM
To: 'Todd Briggs'; Shvodian, Daniel T. (Perkins Coie); Franks, Tim (Perkins Coie); Kelley, Christopher L. (Perkins Coie);
Valentine, James (Perkins Coie)
Cc: Brian Mack; Robert Becher; erichuang@quinnemanuel.com; Stephen Swedlow; Lantier, Gregory; 'rhaslam@cov.com';
'Taub, Winslow'; David Elihu; Kolovos, Peter
Subject: RE: Subpoenas of Intel
We are available to proceed next week if the depositions are permitted. Please note that Apple does not agree that
Samsung may supplement its expert reports following these depositions whether they take place next week or during
the week of April 23.
Mark
From: Todd Briggs [mailto:toddbriggs@quinnemanuel.com]
Sent: Thursday, March 15, 2012 8:06 PM
To: Shvodian, Daniel T. (Perkins Coie); Franks, Tim (Perkins Coie); CKelley@perkinscoie.com; Valentine, James (Perkins
Coie)
Cc: Brian Mack; Robert Becher; erichuang@quinnemanuel.com; Stephen Swedlow; Selwyn, Mark; Lantier, Gregory;
'rhaslam@cov.com'; 'Taub, Winslow'; David Elihu; Kolovos, Peter
Subject: RE: Subpoenas of Intel
Dan,
Since we have not heard back from Apple yet and you need an answer tonight, the depositions will be going forward
next week.
Thanks, Todd
From: Shvodian, Daniel T. (Perkins Coie) [mailto:DShvodian@perkinscoie.com]
Sent: Thursday, March 15, 2012 5:34 PM
To: Todd Briggs; Franks, Tim (Perkins Coie); Kelley, Christopher L. (Perkins Coie); Valentine, James (Perkins Coie)
Cc: Brian Mack; Robert Becher; Eric Huang; Stephen Swedlow; 'Selwyn, Mark'; 'gregory.lantier@wilmerhale.com';
'rhaslam@cov.com'; 'Taub, Winslow'; David Elihu; peter.kolovos@wilmerhale.com
Subject: RE: Subpoenas of Intel
All,
If the first two depositions will be going forward next Tuesday (one in the morning, one in the afternoon), I need to know
by tomorrow (3/16) at noon what source code printouts the two parties would like to use at each of those depositions re
the power scaling and Atl E-bit. Please specify the code by Bates ranges.
We will also need the source Bates ranges for the other depositions that are proposed for later in the week.
And we are still awaiting word whether the depositions will be going forward next week. We need to know tonight so that
we can inform the witnesses before the close of the work week in Germany.
Thanks,
3
Dan
From: Todd Briggs [mailto:toddbriggs@quinnemanuel.com]
Sent: Thursday, March 15, 2012 2:40 PM
To: Shvodian, Daniel T. (Perkins Coie); Franks, Tim (Perkins Coie); Kelley, Christopher L. (Perkins Coie); Valentine, James
(Perkins Coie)
Cc: Brian Mack; Robert Becher; Eric Huang; Stephen Swedlow; 'Selwyn, Mark'; 'gregory.lantier@wilmerhale.com';
'rhaslam@cov.com'; 'Taub, Winslow'; David Elihu; peter.kolovos@wilmerhale.com
Subject: RE: Subpoenas of Intel
Dan,
Thank you for the dates.
We need an answer from Apple to know whether these are going forward next week or April 23rd. I believe
Peter Kolovos (copied on this email) will be letting us know Apple’s position on this.
Thanks, Todd
From: Shvodian, Daniel T. (Perkins Coie) [mailto:DShvodian@perkinscoie.com]
Sent: Thursday, March 15, 2012 2:24 PM
To: Todd Briggs; Franks, Tim (Perkins Coie); Kelley, Christopher L. (Perkins Coie); Valentine, James (Perkins Coie)
Cc: Brian Mack; Robert Becher; Eric Huang; Stephen Swedlow; 'Selwyn, Mark'; 'gregory.lantier@wilmerhale.com';
'rhaslam@cov.com'; 'Taub, Winslow'; David Elihu
Subject: RE: Subpoenas of Intel
Todd,
When can Samsung and Apple let us know if these will be going forward next week or the week of April 23rd?
As for next week, we can offer the following dates (though we will need to make a final confirmation):
'516 patent (power scaling) - Tues. (3/20) morning, 8:00 start
'941 patent (alternative E-bit) - Tues. (3/20) afternoon, 1:00 p.m. start
'867, '001, '410, and '604 patents (multiple topics) - Thursday
'792 patent (turbo decoder hardware for HSDPA) - Friday
We may need to also schedule one or two additional witnesses to the extent needed to fully cover the topics.
Regards,
Dan
From: Todd Briggs [mailto:toddbriggs@quinnemanuel.com]
Sent: Thursday, March 15, 2012 1:18 PM
To: Franks, Tim (Perkins Coie); Kelley, Christopher L. (Perkins Coie); Valentine, James (Perkins Coie)
Cc: Brian Mack; Robert Becher; Eric Huang; Stephen Swedlow; 'Selwyn, Mark'; 'gregory.lantier@wilmerhale.com';
'rhaslam@cov.com'; 'Taub, Winslow'; David Elihu; Shvodian, Daniel T. (Perkins Coie)
Subject: RE: Subpoenas of Intel
Chris,
I am following up on the voicemail I left for you. Brussels is acceptable to Samsung. We would prefer to take
the depositions on the week of April 23rd, but need Apple to agree to allow the parties to supplement their
expert reports following those depositions. If Apple will not agree, then Samsung will proceed with the
depositions next week. Will you please let us know the dates the witnesses are available next week?
4
Thanks, Todd
From: Franks, Tim (Perkins Coie) [mailto:TFranks@perkinscoie.com]
Sent: Wednesday, March 14, 2012 5:57 PM
To: Todd Briggs; Kelley, Christopher L. (Perkins Coie); Valentine, James (Perkins Coie)
Cc: Brian Mack; Robert Becher; Eric Huang; Stephen Swedlow; 'Selwyn, Mark'; 'gregory.lantier@wilmerhale.com';
'rhaslam@cov.com'; 'Taub, Winslow'; David Elihu; Shvodian, Daniel T. (Perkins Coie)
Subject: RE: Subpoenas of Intel
Todd:
1. Brussels will be much more convenient for the witnesses than London (and I'm assuming it doesn't matter to the
parties), so we'd prefer to hold the depositions there.
2. Scheduling is very difficult. Fortuitously, it appears at this poin that all of the witnesses can be available next week. If
that doesn't work for Samsung and Apple, the next potentially available week would not be until April 23. We'll need to
know mid-day tomorrow whether next week works for both sides.
3. I am going to be on the road starting tomorrow for the next few weeks. So everyone should deal directly with Chris
going forward on scheduling, logistics,. etc.
Tim
From: Todd Briggs [mailto:toddbriggs@quinnemanuel.com]
Sent: Wednesday, March 14, 2012 12:09 PM
To: Franks, Tim (Perkins Coie); Kelley, Christopher L. (Perkins Coie); Valentine, James (Perkins Coie)
Cc: Brian Mack; Robert Becher; Eric Huang; Stephen Swedlow; 'Selwyn, Mark'; 'gregory.lantier@wilmerhale.com';
'rhaslam@cov.com'; 'Taub, Winslow'; David Elihu
Subject: RE: Subpoenas of Intel
Tim,
Samsung is agreeable to taking the depositions in London, England. Also, we are still checking with Samsung
about reimbursement for reasonable travel expenses, but I do not foresee any issues with that request. Are
you free to discuss London as a potential location and potential deposition dates today? If so, please let me
know when you are free.
Thanks, Todd
From: Franks, Tim (Perkins Coie) [mailto:TFranks@perkinscoie.com]
Sent: Tuesday, March 13, 2012 2:46 PM
To: Todd Briggs; Kelley, Christopher L. (Perkins Coie); Valentine, James (Perkins Coie)
Cc: Brian Mack; Robert Becher; Eric Huang; Stephen Swedlow; 'Selwyn, Mark'; 'gregory.lantier@wilmerhale.com';
'rhaslam@cov.com'; 'Taub, Winslow'; David Elihu
Subject: RE: Subpoenas of Intel
Todd:
Please see attached the letter.
5
Tim
From: Franks, Tim (Perkins Coie)
Sent: Monday, March 12, 2012 4:16 PM
To: 'Todd Briggs'; Kelley, Christopher L. (Perkins Coie); Valentine, James (Perkins Coie)
Cc: Brian Mack; Robert Becher; Eric Huang; Stephen Swedlow; 'Selwyn, Mark'; 'gregory.lantier@wilmerhale.com';
'rhaslam@cov.com'; 'Taub, Winslow'; David Elihu
Subject: RE: Subpoenas of Intel
Todd:
Thanks for your letter. I will respond tomorrow.
Tim
From: Todd Briggs [mailto:toddbriggs@quinnemanuel.com]
Sent: Friday, March 09, 2012 6:59 PM
To: Franks, Tim (Perkins Coie); Kelley, Christopher L. (Perkins Coie); Valentine, James (Perkins Coie)
Cc: Brian Mack; Robert Becher; Eric Huang; Stephen Swedlow; 'Selwyn, Mark'; 'gregory.lantier@wilmerhale.com';
'rhaslam@cov.com'; 'Taub, Winslow'; David Elihu
Subject: RE: Subpoenas of Intel
Tim:
Please see attached letter.
Todd
From: Franks, Tim (Perkins Coie) [mailto:TFranks@perkinscoie.com]
Sent: Tuesday, March 06, 2012 8:47 PM
To: Todd Briggs; Kelley, Christopher L. (Perkins Coie); Valentine, James (Perkins Coie)
Cc: Brian Mack; Robert Becher; Eric Huang; Stephen Swedlow; Selwyn, Mark; gregory.lantier@wilmerhale.com;
rhaslam@cov.com; Taub, Winslow; David Elihu
Subject: RE: Subpoenas of Intel
Todd:
Please see the attached letter.
Tim
From: Todd Briggs [mailto:toddbriggs@quinnemanuel.com]
Sent: Tuesday, March 06, 2012 4:53 PM
To: Franks, Tim (Perkins Coie); Kelley, Christopher L. (Perkins Coie); Valentine, James (Perkins Coie)
Cc: Brian Mack; Robert Becher; Eric Huang; Stephen Swedlow; Selwyn, Mark; gregory.lantier@wilmerhale.com
Subject: RE: Subpoenas of Intel
Dear Tim,
I received the letter you sent earlier this afternoon regarding the Intel depositions taking place in Germany.
The circumstances surrounding the depositions of Intel in the Motorola action are different than those in the
Samsung actions. In the Samsung actions, the parties agreed to proceed with the depositions in Germany
6
whereas in the Motorola action there is no such agreement between the parties. Given the parties'
agreement in the Samsung actions to proceed with the depositions in Germany, we see no basis for Intel's
suspension of the depositions currently scheduled for March 9, 12, 14 and 15. We are traveling to Germany
tomorrow morning and plan to proceed with these depositions starting on March 9 pursuant to the parties
agreement.
Best Regards, Todd
Todd Briggs
Partner,
Quinn Emanuel Urquhart & Sullivan, LLP
555 Twin Dolphin Drive, 5th Floor
Redwood Shores, CA 94065
650-801-5020 Direct
650.801.5000 Main Office Number
650.801.5100 FAX
toddbriggs@quinnemanuel.com
www.quinnemanuel.com
NOTICE: The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named above. This message
may be an attorney-client communication and/or work product and as such is privileged and confidential. If the reader of this message is not the intended
recipient or agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any
review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately
by e-mail, and delete the original message.
From: Leach, Kaye (Perkins Coie) [mailto:KLeach@perkinscoie.com]
Sent: Tuesday, March 06, 2012 1:33 PM
To: Brian Mack; Robert Becher; Eric Huang; Stephen Swedlow; David Elihu; rhaslam@cov.com; wtaub@cov.com;
mark.selwyn@wilmerhale.com; gregory.lantier@wilmerhale.com
Subject: Subpoenas of Intel
Attached is a letter from Timothy J. Franks
Kaye Leach | Perkins Coie LLP
LEGAL SECRETARY
2901 N. Central Avenue
Suite 2000
Phoenix, AZ 85012-2788
PHONE: 602.351.8022
FAX: 602.648.7000
E-MAIL: KLeach@perkinscoie.com
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disclosing the contents. Thank you.
7
EXHIBIT E
CONFIDENTIAL BUSINESS INFORMATION
Page 1
1
UNITED STATES INTERNATIONAL TRADE COMMISSION
2
3
WASHINGTON, D.C.
In the Matter of
)
4
)
5
CERTAIN ELECTRONIC DEVICES,
) NO. 337-TA-794
6
INCLUDING WIRELESS
)
7
COMMUNICATION DEVICES,
)
8
PORTABLE MUSIC AND DATA
)
9
PROCESSING DEVICES AND
)
10
TABLET COMPUTERS
)
11
----------------------------
12
13
14
***
15
CONFIDENTIAL BUSINESS INFORMATION
16
***
17
18
VIDEOTAPED DEPOSITION OF GREG JOSWIAK
19
PALO ALTO, CALIFORNIA
20
THURSDAY, FEBRUARY 23, 2012
21
22
23
Reported By:
24
Yvonne Fennelly, CCRR, CSR No. 5495
25
JOB NO. 46686
TSG Reporting - Worldwide - 877-702-9580
CONFIDENTIAL BUSINESS INFORMATION
Page 8
1
My name is Frank Clare.
I am the
2
legal video specialist from TSG Reporting,
3
Incorporated, headquartered at 747 Third Avenue,
4
New York, New York.
5
6
The court reporter is Yvonne Fennelly
in association with TSG Reporting.
7
8
Will counsel please introduce
yourselves.
9
10
MS. MAROULIS:
MR. JACOBS:
17
Michael Jacobs, Morrison
MR. SELWYN:
Mark Selwyn from Wilmer
Hale on behalf of Apple.
15
16
09:40AM
Foerster for Apple.
13
14
Victoria Maroulis with
Quinn Emanuel, counsel for Samsung.
11
12
09:40AM
MS. WHEELER:
Cyndi Wheeler from
09:40AM
Apple.
MS. KRIPKE:
Julia Kripke, Morrison
18
Foerster on behalf of Apple.
19
THE VIDEOGRAPHER:
20
The court reporter will now swear in
21
22
Thank you.
09:40AM
the witness.
GREG JOSWIAK,
23
having been first duly sworn was
24
examined and testified as follows:
25
EXAMINATION
TSG Reporting - Worldwide - 877-702-9580
09:40AM
CONFIDENTIAL BUSINESS INFORMATION
Page 19
1
the Nokia and the HTC.
2
off of memory from a couple years ago.
3
Q.
But, again, I'm going
Do you recall what the subjects were
4
of the declarations you submitted in the Nokia
5
litigation?
09:51AM
6
A.
Not the specifics, no.
7
Q.
How many declarations have you
8
submitted?
9
10
MR. JACOBS:
In total or in those
cases?
09:52AM
11
MS. MAROULIS:
12
THE WITNESS:
13
In the Nokia case.
I don't recall.
BY MS. MAROULIS:
14
Q.
It was more than one?
15
A.
I don't recall.
16
Q.
Do you recall how many declarations
17
18
19
20
21
09:52AM
you submitted in the ITC case?
A.
I do not.
I don't even remember
when, for sure, that I did, but I believe I did.
Q.
Did you submit any declarations in
09:52AM
the Mirror Worlds' case?
22
A.
I don't recall.
23
Q.
Did you submit any declarations in
24
25
the iPod Nano class action?
A.
That was even longer ago, so I
TSG Reporting - Worldwide - 877-702-9580
09:52AM
CONFIDENTIAL BUSINESS INFORMATION
Page 20
1
2
3
apologize, I don't recall.
Q.
Have you ever testified as an expert
witness in any case?
4
A.
I have not.
5
Q.
Have you ever testified in any
6
7
09:52AM
congressional hearings?
A.
I testified in front of the U.S.
8
Copyright Office, I believe, was the body in
9
regards to the DMCA and the effects of
10
11
12
jailbreaking on our products and our customers.
Q.
09:53AM
Any other testimony before either the
congress or other political bodies?
13
A.
No, I don't believe so.
14
Q.
Mr. Joswiak, do you understand that
15
you are testifying today both in the personal
16
capacity and as a corporate designee of Apple in
17
several litigations?
18
19
20
A.
09:53AM
I understand that I am here in both
personal and corporate capacity.
Q.
So when I ask you questions in your
21
corporate capacity, I'm asking for more than
22
just your personal recollection or knowledge,
23
09:53AM
I'm asking for knowledge of Apple as a company.
24
25
Do you understand that?
A.
I understand that.
TSG Reporting - Worldwide - 877-702-9580
09:53AM
CONFIDENTIAL BUSINESS INFORMATION
Page 21
1
Q.
And conversely, when your counsel
2
objects to some questions beyond the scope, if
3
you know the answer in your personal capacity,
4
you still need to respond; is that clear?
5
A.
That is now clear.
6
Q.
If you please turn to the four
7
09:54AM
exhibits I've placed in front of you.
8
Have you seen Exhibit 1?
9
I will represent to you that the
10
Exhibit 1 I placed in front of you is
11
Complainant's First Notice of Deposition of
12
Apple in the 794 investigation in the ITC.
13
09:54AM
Please take a moment to review, and
14
let me know if you've seen these documents
15
before.
16
A.
Yes, I believe I have.
17
Q.
Is it correct, sir, that you've been
09:54AM
18
designated as a corporate representative on
19
Topics 1, 6, 8, 12 through 16, 52, and 61?
20
A.
21
those again.
22
Q.
I'm going to have to ask you to ask
09:55AM
And if your counsel wishes to confirm
23
for you on the record, that might be easier for
24
you.
25
MR. JACOBS:
Yeah, I need the list
TSG Reporting - Worldwide - 877-702-9580
09:55AM
CONFIDENTIAL BUSINESS INFORMATION
Page 22
1
one more time, too, as well, if you don't mind.
2
MS. MAROULIS:
3
It is our understanding that the
Yes.
4
witness had been designated on Topics 1, 6, 8,
5
12 through 16, 52, and 61.
6
7
MR. SELWYN:
10
That is confirmed
subject, of course, to Apple's objections.
8
9
09:55AM
THE WITNESS:
1, 6, 8, what was the
others?
BY MS. MAROULIS:
11
Q.
12 through 16, 52, and 61.
12
A.
And the last two, I'm sorry?
13
Q.
52 and 61.
14
A.
I believe that's correct.
15
Q.
Please turn to page 6, which lists
09:55AM
16
09:56AM
Topic 1.
17
How did you prepare to testify today
18
as Apple's corporate representative on the
19
subject of Apple's organizational structure and
20
personnel?
21
22
A.
09:56AM
I met with counsel Tuesday to appear
for my appearance here today.
23
Q.
How long did you meet with counsel?
24
A.
Approximately six hours on Tuesday.
25
Q.
Who was present during that meeting?
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09:57AM
CONFIDENTIAL BUSINESS INFORMATION
Page 23
1
A.
Three of the people who are in the
2
room, Michael Jacobs, Mark Selwyn, and Cyndi
3
Wheeler.
4
Q.
Anybody else?
5
A.
I believe not.
6
Q.
Did you have any additional meetings
09:57AM
7
after the Tuesday meeting to prepare for this
8
deposition?
9
10
A.
We met here this morning prior to
coming into the room.
09:57AM
11
Q.
How long did you meet this morning?
12
A.
Approximately a half-hour.
13
14
We were
here early.
Q.
And did you speak with anyone at
15
Apple in preparation for testifying as Apple's
16
corporate designee on Topic 1?
17
A.
No.
18
Q.
09:57AM
During your meeting with counsel, did
19
you review any documents?
20
21
MR. JACOBS:
24
25
09:58AM
or no.
22
23
You can answer that yes
THE WITNESS:
Yes.
BY MS. MAROULIS:
Q.
Which documents did you look at in
preparation for testifying on Topic 1?
TSG Reporting - Worldwide - 877-702-9580
09:58AM
CONFIDENTIAL BUSINESS INFORMATION
Page 24
1
MR. JACOBS:
You can answer that to
2
the extent the documents refreshed your
3
recollection on this particular topic.
4
THE WITNESS:
I don't recall any
5
specific documents related to seeing our
6
organizational structures.
7
believe I was comfortable in, my knowledge.
8
BY MS. MAROULIS:
9
10
Q.
09:58AM
That's something I
So is it correct that for Topic 1,
you're relying on your knowledge from your work?
11
A.
That's correct.
12
Q.
09:58AM
And you did not review any additional
13
documents to prepare for that topic?
14
MR. JACOBS:
15
MS. MAROULIS:
Again, same instruction.
Now, Counsel, are you
16
taking the position that if he was educated
17
through documents for 30(b)(6) topics, we're not
18
entitled to know that?
19
MR. JACOBS:
09:58AM
I would subsume
20
education through documents as refreshing
21
recollection in this particular case.
22
witness has testified, he knows Apple's
23
organizational structure.
09:59AM
As the
24
So, no, I'm not taking that position.
25
THE WITNESS:
But, again, I felt
TSG Reporting - Worldwide - 877-702-9580
09:59AM
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