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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1 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 1 DECLARATION OF JOSEPH MILOWIC III 2 I, JOSEPH MILOWIC III, do hereby declare as follows: 3 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. 9 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. 15 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. 17 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. 20 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. 26 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. 4 5 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. 8 9 10 /s/ Joseph Milocwic III JOSEPH MILOWIC III 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 5 6 DATE: July 29, 2012 /s/ Victoria Maroulis Victoria Maroulis 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with Treasury Department and IRS regulations, we inform you that, unless expressly indicated otherwise, any federal tax advice contained in this communication (including any attachments) is not intended or written by Perkins Coie LLP to be used, and cannot be used by the taxpayer, for the purpose of (i) avoiding penalties that may be imposed on the taxpayer under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein (or any attachments). 1 ********** NOTICE: This communication may contain privileged or other confidential information. If you have received it in error, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you. 2 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 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. 3 EXHIBIT C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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. 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO 2. 1 4 Ali H. Shah Ali.Shah@wilmerhale.com Wilmer Cutler Pickering Hale and Dorr LLP 1875 Pennsylvania Avenue NW Washington, DC 20006 5 Attorneys for Plaintiff Apple Inc. 2 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 6 7 8 9 10 11 12 13 14 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 15 16 17 18 19 20 21 22 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. 23 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO 3. 1 2 3 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 4 5 Attorneys for Defendant Samsung Electronics America, Inc. 6 7 8 9 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 10 11 12 13 14 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 15 16 17 18 19 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 20 21 22 Attorneys for Defendants Samsung Electronics Co. Ltd. Samsung Electronics America, Inc., Samsung Telecommunications America, LLC 23 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO 4. 1 2 3 4 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 5 6 7 Attorneys for Defendants Samsung Electronics Co. Ltd. Samsung Electronics America, Inc., Samsung Telecommunications America, LLC 8 9 1013191 v1/HN 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO 5. 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 IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with Treasury Department and IRS regulations, we inform you that, unless expressly indicated otherwise, any federal tax advice contained in this communication (including any attachments) is not intended or written by Perkins Coie LLP to be used, and cannot be used by the taxpayer, for the purpose of (i) avoiding penalties that may be imposed on the taxpayer under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein (or any attachments). ********** NOTICE: This communication may contain privileged or other confidential information. If you have received it in error, please advise the sender by reply email and immediately delete the message and any attachments without copying or 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? TSG Reporting - Worldwide - 877-702-9580 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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