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

Filing 1578

Declaration of Christopher Stretch Regarding August 2, 2012 Courtroom Visit by Samsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (Maroulis, Victoria) (Filed on 8/3/2012) Modified text on 8/6/2012 (dhm, COURT STAFF).

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Cal. Bar No. 170151)
2 [e-mail]
50 California Street, 22nd Floor
3 San Francisco, California 94111
Telephone: [phone]
4 Facsimile: [phone]
5 Kevin P.B. Johnson (Cal. Bar No. 177129)
[e-mail]
6 Victoria F. Maroulis (Cal. Bar No. 202603)
[e-mail]
th
7 555 Twin Dolphin Drive 5 Floor
Redwood Shores, California 94065
8 Telephone: [phone]
Facsimile: [phone]
9
Michael T. Zeller (Cal. Bar No. 196417)
10 [e-mail]
865 S. Figueroa St., 10th Floor
11 Los Angeles, California 90017
Telephone: [phone]
12 Facsimile: [phone]
13 Attorneys for SAMSUNG ELECTRONICS
CO., LTD., SAMSUNG ELECTRONICS
14 AMERICA, INC. and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

18 APPLE INC., a California corporation,
Plaintiff,

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CASE NO. 11-cv-01846-LHK

vs.

21 SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity; SAMSUNG
22 ELECTRONICS AMERICA, INC., a New
York corporation; SAMSUNG
23 TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,
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Defendants.
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DECLARATION OF CHRISTOPHER
STRETCH REGARDING SAMSUNG’S
AUGUST 2, 2012 COURTROOM VISIT

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Case No. 11-cv-01846-LHK
DECLARATION OF CHRISTOPHER STRETCH
REGARDING AUGUST 2, 2012 COURTROOM VISIT

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I, Christopher Stretch, declare:

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1.

I make this declaration pursuant to the Court’s request this morning regarding the

3 August 2, 2012 visit to the Ceremonial Courtroom.

I am an attorney with the law firm of Quinn

4 Emanuel Urquhart & Sullivan, LLP, counsel for Samsung Electronics Co., Ltd., Samsung
5 Electronics America, Inc., and Samsung Telecommunications America, LLC (collectively,
6 “Samsung”).

I have personal knowledge of the facts set forth in this declaration and, if called

7 upon as a witness, I could and would testify to such facts under oath.
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2.

Under my supervision, I brought five Samsung prospective witnesses, accompanied

9 by two interpreters, and three Samsung in-house attorneys, to see the Ceremonial Courtroom on
10 the afternoon of August 2, 2012.
11 to the case are:

The names of those who accompanied me and their connection

Sung-Ho Eun (Samsung Inventor); Moon-Sang Jeong (Samsung Inventor);

12 Young-Bum Kim (Samsung Inventor); Jeong-Seok Oh (Samsung Inventor); Gert-Jan Van
13 Lieshout (Samsung Inventor); Sue-Mi Jones (Interpreter); Laura Sunwoo (Interpreter); Edward
14 Kim (Samsung in-house attorney); Rosa Kim (Samsung in-house attorney); and Jeff Myung
15 (Samsung in-house attorney).
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3.

All of the Samsung witnesses listed above are from Korea or the Netherlands, and

17 none had ever seen the inside of a United States District Courthouse before.

I could not take

18 them to the courthouse while trial is in session because of the parties’ agreement that fact
19 witnesses may not be present in court before they give testimony.
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4.

The Ceremonial Courtroom was locked when we arrived.

I went around the

21 corner and rang Judge Fogel’s chambers, which are located closest to the Ceremonial Courtroom.
22 I explained to Christian Delaney, the person who answered the intercom, that I was a friend of
23 Judge Breyer’s, and that I hoped to show some people the Ceremonial Courtroom.
24 came to the door and agreed to let us in.

Ms. Delany

Ms. Delaney remained with us for the entire time we

25 spent in the courtroom, which was approximately ten minutes.

At some point during the visit, I

26 explained to Ms. Delaney that I was a member of Samsung’s trial team, although I do not recall
27 whether I mentioned that at the outset or later during the visit.

None of the individuals in our

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Case No. 11-cv-01846-LHK
DECLARATION OF CHRISTOPHER STRETCH
REGARDING AUGUST 2, 2012 COURTROOM VISIT

1 party touched any equipment or materials in the courtroom.
2 courtroom.

They just wanted to see the

None of the witnesses had seen a federal court before.

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5.

4 there.

I am aware of the posted warnings that photographs are not to be taken inside the

5 Courthouse.

I did not see and do not believe that anyone took any photographs while we were

I have conferred with others who were with me, and each of them confirmed to me

6 that no photographs were taken.
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6.

Although I am not identified on the “short list” of attorneys who will present

8 witnesses and evidence to the jury, I am a member of Samsung’s trial team, and have actively
9 participated in this litigation for the past several months.

I am identified on the list of attorneys

10 representing Samsung that was prepared at the Court’s direction prior to jury selection.

That list

11 can be found at Dkt. 1307.
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7.

I was unaware of any prohibition against visiting the Ceremonial Courtroom when

13 trial is not in session.

Had I been aware of such a prohibition, I certainly would have followed it.

14 I apologize for any inconvenience this caused to the Court personnel.
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I declare under penalty of perjury that the foregoing is true and correct.

Executed in San

16 Jose, California on August 3, 2012.
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By /s/ Christopher Stretch
Christopher Stretch

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Case No. 11-cv-01846-LHK
DECLARATION OF CHRISTOPHER STRETCH
REGARDING AUGUST 2, 2012 COURTROOM VISIT

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

3 foregoing DECLARATION OF CHRISTOPHER STRETCH REGARDING SAMSUNG’S
4 AUGUST 2, 2012 COURTROOM VISIT.

In compliance with General Order 45, X.B., I

5 hereby attest that Christopher Stretch has concurred in this filing.
6
7 DATE: August 3, 2012

/s/ Victoria F. Maroulis

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Case No. 11-cv-01846-LHK
DECLARATION OF CHRISTOPHER STRETCH
REGARDING AUGUST 2, 2012 COURTROOM VISIT