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

Filing 1549

MOTION to Strike Apple's Response to Declaration of John B. Quinn and Purported Recommendation Regarding Sanction filed by Samsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. Responses due by 8/16/2012. Replies due by 8/23/2012. (Attachments: # 1 Declaration of Joby Martin)(Maroulis, Victoria) (Filed on 8/2/2012)

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Bar No. 170151)
 [e-mail]
50 California Street, 22nd Floor
 San Francisco, California 94111
Telephone: [phone]
 Facsimile: [phone]


Kevin P.B. Johnson (Bar No. 177129
[e-mail]
 Victoria F. Maroulis (Bar No. 202603)
[e-mail]
555 Twin Dolphin Drive, 5th Floor

Redwood Shores, California 94065-2139
[phone]
 Telephone:
Facsimile:
[phone]

Michael T. Zeller (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,

CASE NO. 11-cv-01846-LHK



DECLARATION OF JOBY MARTIN IN
SUPPORT OF SAMSUNG’S MOTION TO
STRIKE APPLE INC’S RESPONSE TO
DECLARATION OF JOHN B. QUINN



Plaintiff,
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,

Defendant.






02198.51855/4871770.1

Case No. 11-cv-01846-LHK
MARTIN DECLARATION IN SUPPORT OF SAMSUNG'S MOTION TO STRIKE APPLE’S RESPONSE
TO DECLARATION OF JOHN B. QUINN

1

I, Joby Martin, declare as follows:



1.

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

 counsel for Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung
 Telecommunications America, LLC (collectively, “Samsung”). I submit this declaration in
 support of Samsung’s Motion to Strike Apple Inc.’s Response to Declaration of John B. Quinn
 and Purported Recommendation Regarding Sanction. Except where expressly noted, I have
 personal knowledge of the facts set forth in this declaration and, if called upon as a witness, I
 could and would testify to such facts under oath.


2.

Attached hereto as Exhibit 1 is a true and correct copy of the proposed trial

 demonstrative exhibits that Samsung distributed to a select number of reporters in response in
 inquiries from members of the media.


3.

Samsung has experienced extensive negative publicity throughout the duration of

 this case. In just the first two days of trial, at least 528 news articles reported on Apple’s
 accusations of copying. Attached hereto as Exhibit 2 is a list of such articles, which was prepared
1
 at my direction and under my supervision.



4.

From the time that Samsung publicly filed its trial brief on July 25, 2012 until the

 start of jury selection, at least 294 news articles reported on Sony’s influence on the design
 process leading to the original iPhone. Attached hereto as Exhibit 3 is a list of such articles,
 prepared by a team of Samsung public relations specialists working at my direction and under my
 supervision.


5.

From the time that Samsung publicly filed its trial brief on July 23, 2012 until the

 start of jury selection, at least 11 news articles reported on the Samsung F700 and other excluded
 evidence of independent creation. Attached hereto as Exhibit 4 is a list of such articles, which was
 prepared at my direction and under my supervision.






02198.51855/4871770.1

1

The numbers cited in paragraphs 3 – 7 include wire stories that appeared in more than one
publication.
Case No. 11-cv-01846-LHK
-1MARTIN DECLARATION IN SUPPORT OF SAMSUNG'S MOTION TO STRIKE APPLE’S RESPONSE
TO DECLARATION OF JOHN B. QUINN

1

6.

Apple has made numerous prejudicial statements about Samsung to the media,

2 which have been widely reported. In the time since Apple filed its complaint, at least 96 news
3 articles have cited Apple spokeswoman Kristin Huguet’s statements alleging copying by
4 Samsung. Attached hereto as Exhibit 5 is a list of such articles, which was prepared at my
5 direction and under my supervision.
6

7.

Apple has made numerous statements to the press regarding evidence which the

7 Court has ruled inadmissible. At least 79 news articles have reported on Apple spokeswoman
8 Kirstin Huguet’s comments regarding the June 26, 2012 preliminary injunction order.

Attached

9 hereto as Exhibit 6 is a list of such articles.
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I declare under penalty of perjury under the laws of the United States that the foregoing is

12 true and correct. Executed on the 2nd day of August, 2012, in San Jose, California.
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____/s/ Joby Martin
Joby Martin

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02198.51855/4871770.1

Case No. 11-cv-01846-LHK
-2MARTIN DECLARATION IN SUPPORT OF SAMSUNG'S MOTION TO STRIKE APPLE’S RESPONSE
TO DECLARATION OF JOHN B. QUINN

1
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General Order 45 Attestation
I, Victoria F. Maroulis, am the ECF 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 Joby Martin has
4 concurred in this filing.
5

/s/ Victoria Maroulis

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02198.51855/4871770.1

Case No. 11-cv-01846-LHK
-3MARTIN DECLARATION IN SUPPORT OF SAMSUNG'S MOTION TO STRIKE APPLE’S RESPONSE
TO DECLARATION OF JOHN B. QUINN