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

Filing 1465

Declaration of Brett J. Arnold in Support of 1463 MOTION for Reconsideration re 1456 Order Samsung's Motion For Reconsideration and Offer of Proof filed bySamsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Related document(s) 1463 ) (Maroulis, Victoria) (Filed on 7/30/2012)

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Cal. Bar No. 170151)
 [e-mail]
50 California Street, 22nd Floor
 San Francisco, California 94111
Telephone: [phone]
 Facsimile: [phone]
 Kevin P.B. Johnson (Cal. Bar No. 177129)
[e-mail]
 Victoria F. Maroulis (Cal. Bar No. 202603)
[e-mail]
th
 555 Twin Dolphin Drive 5 Floor
Redwood Shores, California 94065
 Telephone: [phone]
Facsimile: [phone]

Michael T. Zeller (Cal. Bar No. 196417)
 [e-mail]
865 S. Figueroa St., 10th Floor
 Los Angeles, California 90017
Telephone: [phone]
 Facsimile: [phone]
 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,




CASE NO. 11-cv-01846-LHK

vs.

SAMSUNG ELECTRONICS CO., LTD., a
 Korean business entity; SAMSUNG
ELECTRONICS AMERICA, INC., a
 New York corporation; SAMSUNG
TELECOMMUNICATIONS
 AMERICA, LLC, a Delaware limited liability
company,

Defendants.


DECLARATION OF BRETT J. ARNOLD
IN SUPPORT OF SAMSUNG’S MOTION
FOR RECONSIDERATION AND OFFER
OF PROOF






Case No. 11-cv-01846-LHK
DECLARATION OF BRETT J. ARNOLD IN SUPPORT OF SAMSUNG’S
MOTION FOR RECONSIDERATION AND OFFER OF PROOF

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I, Brett Arnold, declare:

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1.

I am an attorney in the law firm of Quinn Emanuel Urquhart & Sullivan, LLP,

3 counsel for Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung
4 Telecommunications America, LLC (collectively “Samsung”). I make this declaration in
5 connection with Samsung’s Motion for Reconsideration and Offer of Proof, filed herewith. I
6 have personal knowledge of the facts set forth in this declaration except where noted and, if called
7 upon as a witness, I could and would testify to such facts under oath.
8

2.

Samsung has submitted a series of demonstrative exhibits that it sought to use in

9 connection with its opening statements in the jury trial set to begin in this matter on July 30, 2012.
10

3.

The documents underlying demonstrative nos. 11-19 were produced to Apple on

11 February 3, 2012. Demonstrative nos. 11-19 are based on information contained in trial exhibits
12 522, 566, 596, and 625.
13

4.

The custodian of these files is a Samsung employee, Hyoung Shin Park.

14

5.

Samsung presently intends to call Ms. Park to testify at trial in this action. Ms.

15 Park was deposed in this case on February 29, 2012, and again in ITC Investigation No. 337-TA16 796 on March 1, 2012, for approximately ten total hours on the record.
17

6.

In early September 2011, Samsung identified Ms. Park to Apple in its Initial

18 Disclosures as a Samsung designer that worked on the F700 project.
19

7.

I have reviewed the references depicted in Samsung’s demonstrative no. 10, as well

20 as the trial exhibit upon which demonstrative no. 10 is based. Images of the Merit, Card3, and
21 Flipper are included in trial exhibit 596, which was produced in this action on February 3, 2012.
22 Images of the Vessel, Wrap, and Framer models were also produced on February 3, 2012 as part
23 of what has been designated as trial exhibit 522.
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Case No. 11-cv-01846-LHK
-1DECLARATION OF BRETT J. ARNOLD IN SUPPORT OF SAMSUNG’S
MOTION FOR RECONSIDERATION AND OFFER OF PROOF

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I declare under penalty of perjury that the foregoing is true and correct. Executed in San

3 Jose, California on July 30, 2012.
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By

/s Brett J. Arnold
Brett J. Arnold

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Case No. 11-cv-01846-LHK
-2DECLARATION OF BRETT J. ARNOLD IN SUPPORT OF SAMSUNG’S
MOTION FOR RECONSIDERATION AND OFFER OF PROOF

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GENERAL ORDER ATTESTATION
I, Victoria Maroulis, am the ECF user whose ID and password are being used to file the

3 foregoing document. I hereby attest pursuant to General Order 45.X.B. that concurrence in the
4 electronic filing of this document has been obtained from Brett Arnold.
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/s/ Victoria Maroulis

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Case No. 11-cv-01846-LHK
-3DECLARATION OF BRETT J. ARNOLD IN SUPPORT OF SAMSUNG’S
MOTION FOR RECONSIDERATION AND OFFER OF PROOF