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

Filing 177

Declaration of MICHAEL ZELLER IN SUPPORT OF #176 MOTION TO EXCLUDE ORDINARY OBSERVER OPINIONS OF APPLE EXPERT COOPER WOODRING filed bySamsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Johnson, Kevin) (Filed on 8/23/2011) Modified on 8/29/2011 linking entry to document #176 (dhm, COURT STAFF).

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,

CASE NO. 11-cv-01846-LHK



DECLARATION OF MICHAEL T.
ZELLER IN SUPPORT OF MOTION TO
EXCLUDE ORDINARY OBSERVER
OPINIONS OF APPLE EXPERT COOPER
WOODRING



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,

Defendants.


Date: October 13, 2011
Time: 1:30 pm
Place: Courtroom 8, 4th Floor
Judge: Hon. Lucy H. Koh




Case No. 11-cv-01846-LHK
ZELLER DEC. ISO MOTION TO EXCLUDE OPINIONS AND REPORT OF COOPER WOODRING

1

DECLARATION OF MICHAEL T. ZELLER

2

I, Michael T. Zeller, do hereby declare and state as follows:

3

1.

I am a member of the State Bars of California, New York and Illinois and am

4 counsel for Samsung Electronics Co., Ltd., Samsung Electronics America, Inc. and Samsung
5 Telecommunications America, LLC (collectively "Samsung") in these proceedings. I have
6 personal knowledge of the facts stated herein and, if sworn as a witness, could and would testify
7 competently thereto.
8

2.

Attached hereto as Exhibit 1 is a true and correct copy of excerpts from the

9 Deposition Transcript of Cooper Woodring, dated August 5, 2011.
10

3.

Attached hereto as Exhibit 2 is a true and correct copy of Japanese design

11 registration 1241638, marked as Deposition Exhibit 67 .
12

4.

Attached hereto as Exhibit 3 is a true and correct copy of the Expert Design Report

13 of Non Infringement in the Case of TomTom International, B.V. v. Garmin International Inc., by
14 Cooper Woodring, dated October 10, 2006, bates numbered APLNDC0001075615 APLNDC00010808.
16

5.

Attached hereto as Exhibit 4 is a true and correct copy of the Declaration of Cooper

17 C. Woodring in Support of Apple’s Motion for Preliminary Injunction, dated June 30, 2011.
18

6.

Attached hereto as Exhibit 5 is a true and correct copy of Apple, Inc.'s ComTech

19 United States Report Q410, dated February 11, 2011, marked as Deposition Exhibit 14.
20

7.

Attached hereto as Exhibit 6 is a true and correct copy of excerpts from the

21 Transcript of the Hearing before the Subcommittee on Patents, Copyrights and Trademarks, of the
22 Committee on the Judiciary, of the United States Senate, regarding Senate Bill 791 (One
23 Hundredth Congress), dated March 26, 1987.
24

8.

Attached hereto as Exhibit 7 is a true and correct copy of excerpts from the

25 Transcript of the Hearing before the Subcommittee on Intellectual Property and Judicial
26 Administration, of the Committee on the Judiciary, of the United States House of Representatives,
27 regarding House Resolution 1790 (One Hundred Second Congress), dated January 29, 1992.
28
Case No. 11-cv-01846-LHK
-1ZELLER DEC. ISO MOTION TO EXCLUDE OPINIONS AND REPORT OF COOPER WOODRING

1

9.

Attached hereto as Exhibit 8 is a true and correct copy of excerpts from the

2 Deposition Transcript of Christopher Stringer, dated August 3, 2011.
3

I declare under penalty of perjury under the laws of the United States of America that the

4 foregoing is true and correct.
5

Executed on August 22, 2011, at San Francisco, California.

6
7

/s/ Michael T. Zeller
Michael T. Zeller

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Case No. 11-cv-01846-LHK
-2ZELLER DEC. ISO MOTION TO EXCLUDE OPINIONS AND REPORT OF COOPER WOODRING

1

GENERAL ORDER ATTESTATION

2

I, Kevin Johnson, 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 Michael Zeller.
5
6

/s/ Kevin Johnson

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Case No. 11-cv-01846-LHK
-3ZELLER DEC. ISO MOTION TO EXCLUDE OPINIONS AND REPORT OF COOPER WOODRING