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

Filing 179

Declaration of SARA JENKINS IN SUPPORT OF SAMSUNG'S OPPOSITION TO APPLE'S MOTION FOR PRELIMINARY INJUNCTION filed bySamsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Exhibit HH, #35 Exhibit II, #36 Exhibit JJ, #37 Exhibit KK, #38 Exhibit LL, #39 Exhibit MM, #40 Exhibit NN, #41 Exhibit OO, #42 Exhibit PP, #43 Exhibit QQ, #44 Exhibit RR, #45 Exhibit SS, #46 Exhibit TT)(Maroulis, Victoria) (Filed on 8/23/2011) Modified on 8/29/2011 cannot link entry-opposition has not been efiled (dhm, COURT STAFF).

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Cal. Bar No. 170151)
2 [e-mail]
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50 California Street, 22nd Floor
3 San Francisco, California 94111
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Telephone: [phone]
4 Facsimile: [phone]
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5 Kevin P.B. Johnson (Cal. Bar No. 177129)

[e-mail]
6 Victoria F. Maroulis (Cal. Bar No. 202603)

[e-mail]
7 555 Twin Dolphin Drive 5th Floor

Redwood Shores, California 94065
8 Telephone: [phone]

Facsimile: [phone]
9
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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 America, Inc., and Samsung
14 Telecommunications America, LLC
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

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APPLE INC., a California corporation,
Plaintiff,

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CASE NO. 11-cv-01846-LHK

vs.

SAMSUNG ELECTRONICS CO., LTD., a
21 Korean business entity; SAMSUNG

ELECTRONICS AMERICA, INC., a
22 New York corporation; SAMSUNG

TELECOMMUNICATIONS
23 AMERICA, LLC, a Delaware limited liability

company,
24
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Defendants.
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DECLARATION OF SARA JENKINS IN
SUPPORT OF SAMSUNG’S OPPOSITION
TO APPLE’S MOTION FOR A
PRELIMINARY INJUNCTION
Date: October 13, 2011
Time: 1:30 pm
Place: Courtroom 8, 4th Floor
Judge: Hon. Lucy H. Koh

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Case No. 11-cv-01846-LHK
JENKINS DECLARATION IN SUPPORT OF SAMSUNG’S OPPOSITION TO APPLE’S MOTION FOR A
PRELIMINARY INJUNCTION

1

I, Sara Jenkins, declare:

2

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 have personal knowledge of the
5 facts set forth in this declaration and, if called upon as a witness, I could and would testify to such
6 facts under oath.
7

2.

Attached hereto as Exhibit A is a true and correct copy of an article titled “Check

8 out the Worlds [sic] first MP3 CDMA Phone” dated September 3, 2001 as obtained from
9 ZDnet.com.au through its website on August 22, 2011 at the following address:
10 http://m.zdnet.com.au/check-out-the-worlds-first-mp3-cdma-phone-120150661.htm.
11

3.

Attached hereto as Exhibit B is a true and correct copy of an article titled

12 “SAMSUNG Electronics Unveils Industry’s First Ultra-Slim Handset” dated June 7, 2001 as
13 obtained from Samsung through its website on August 22, 2011 at the following address:
14 http://www.samsung.com/us/news/newsPreviewRead.do?news_seq=1026.
15

4.

Attached hereto as Exhibit C is a true and correct copy of an article titled

16 “SAMSUNG Electronics Develops Satellite DMB Chip for Mobile Phones” dated February 4,
17 2004 as obtained from Samsung through its website on August 22, 2011 at the following address:
18 http://www.samsung.com/us/news/presskitRead.do?page=3&news_seq=2115&rdoPeriod=ALL&f
19 rom_dt=&to_dt=&news_group=ALL&news_type=&news_ctgry=&search_keyword=dmb.
20

5.

Attached hereto as Exhibit D is a true and correct copy of a still image taken from

21 Stanley Kubrick’s 1968 film “2001: A Space Odyssey.” In a clip from that film lasting about one
22 minute, two astronauts are eating and at the same time using personal tablet computers. The clip
23 can be downloaded online at http://www.youtube.com/watch?v=JQ8pQVDyaLo. As with the
24 design claimed by the D’889 Patent, the tablet disclosed in the clip has an overall rectangular
25 shape with a dominant display screen, narrow borders, a predominately flat front surface, a flat
26 back surface (which is evident because the tablets are lying flat on the table’s surface), and a thin
27 form factor.
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Case No. 11-cv-01846-LHK
-1JENKINS DECLARATION IN SUPPORT OF SAMSUNG’S OPPOSITION TO APPLE’S MOTION FOR A
PRELIMINARY INJUNCTION

1

6.

Attached hereto as Exhibit E are true and correct copies of two images found on the

2 website http://www.reghardware.com/2011/02/07/apple_ipad_tomorrow_people/ as accessed on
3 August 22, 2011. According to the website, these images are stills taken from the British
4 television series “The Tomorrow People,” which was broadcast from 1973-1979. The images
5 show the design of the tablet computer that was used by one of the characters on the show. As
6 with the design claimed by the D’889 Patent, the tablet disclosed in the images has an overall
7 rectangular shape with a dominant display screen and four evenly rounded corners, a reflective or
8 clear flat front surface with narrow borders which are flush with the screen, edges that are
9 primarily perpendicular to the front surface of the device, a flat back surface (which is evident
10 because the tablet lies flat on the table’s surface), and a thin form factor.
11

7.

Attached hereto as Exhibit F is a true and correct copy of content from a website

12 titled “iF Product Design Award 2007” as obtained from ifdesign.de through its website on August
13 22, 2011 at the following address:
14 http://www.ifdesign.de/beitragsdetails_e.html?offset=87&sprache=2&award_id=121&beitrag_id=
15 31322.
16
8.

Attached hereto as Exhibit G is a true and correct copy of an article titled “The LG

17
KE850: touchable chocolate” dated December 15, 2006 as obtained from engadget.com on August
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22, 2011 at the following address: http://mobile.engadget.com/2006/12/15/the-lg-ke85019
touchable-chocolate.
20
9.

Attached hereto as Exhibit H is a true and correct copy of an article titled “Ultra

21
Smart F700 Launched by Samsung Seems to Be the New ‘iPhone Killer’“ dated February 10,
22
2007 as obtained from techshout.com on August 22, 2011 at the following address:
23
http://www.techshout.com/mobile-phones/2007/10/ultra-smart-f700-launched-by-samsung-seems24
to-be-the-new-iphone-killer.
25
10.

Attached hereto as Exhibit I is a true and correct copy of an article titled “The

26
iPhone Lawsuits” dated February 20, 2007 as obtained from the “Apple Matters” website on
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Case No. 11-cv-01846-LHK
-2JENKINS DECLARATION IN SUPPORT OF SAMSUNG’S OPPOSITION TO APPLE’S MOTION FOR A
PRELIMINARY INJUNCTION

1 August 22, 2011 at the following address: http://www.applematters.com/article/the-iphone2 lawsuits.
3

11.

Attached hereto as Exhibit J is a true and correct copy of an article titled “LG:

4 Apple iPhone Is A Prada Phone Copy” dated February 12, 2007 as obtained from the website at
5 the following address: http://www.mad4mobilephones.com/lg-apple-iphone-is-a-prada-phone6 copy/478/http://www.mad4mobilephones.com/lg-apple-iphone-is-a-prada-phone-copy/478/.
7

12.

Attached hereto as Exhibit K is a true and correct copy of an article titled “Apple

8 iPhone vs LG Prada: separated at birth? (part 2)” dated June 29, 2007 as obtained from
9 engadget.com on August 22, 2011 at the following address:
10 http://www.engadget.com/2007/06/29/apple-iphone-vs-lg-prada-separated-at-birth-part-2/
11

13.

Attached hereto as Exhibit L is a true and correct copy of an article titled “Top 10

12 iPhone Knockoffs” as obtained from toptenz.net on August 22, 2011 at the following address:
13 http://www.toptenz.net/top-10-iphone-knockoffs.php.
14

14.

Attached hereto as Exhibit M is a true and correct copy of certain excerpts of the

15 transcript of the deposition of Richard J. Lutton, Jr. dated July 26, 2011.
16

15.

Attached hereto as Exhibit N is a true and correct copy of exhibit 5 from the

17 deposition of Richard Lutton dated July 26, 2011.
18

16.

Attached hereto as Exhibit O is a true and correct copy of certain excerpts of the

19 transcript of the deposition of Cooper Woodring, dated August 5, 2011
20

17.

Attached hereto as Exhibit P is a true and correct copy of certain excerpts of the

21 transcript of the deposition of Christopher Stringer dated August 3, 2011.
22

18.

Attached hereto as Exhibit Q is a true and correct copy of U.S. Design Patent No.

23 618,677.
24

19.

Attached hereto as Exhibit R is a true and correct copy of U.S. Design Patent No.

25 593,087.
26

20.

Enclosed on a CD as Exhibit S is a true and correct copy of a video clip of

27 "Objectified" as downloaded from http://www.youtube.com/watch?v=t0fe800C2CU.
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Case No. 11-cv-01846-LHK
-3JENKINS DECLARATION IN SUPPORT OF SAMSUNG’S OPPOSITION TO APPLE’S MOTION FOR A
PRELIMINARY INJUNCTION

1

21.

Attached hereto as Exhibit T is a document containing comparative images of the

2 D’889 Patent, the Apple iPad, the Apple iPad2, and the Samsung Galaxy Tab 10.1.
3

22.

Attached hereto as Exhibit U is a document containing comparative images of the

4 D’677 Patent, the D’087 Patent, the Apple iPhone 3GS, and Samsung Galaxy S 4G, and the
5 Samsung Infuse 4G.
6

23.

Attached hereto as Exhibit V is a true and correct copy of an article titled "Apple

7 May Have Manipulated Evidence Against Samsung in Patent War" obtained from IBTimes on
8 August 22, 2011 from this address: http://newyork.ibtimes.com/articles/198219/20110815/apple9 samsung-patent-war-ipad-2-galaxy-tab-10-1-flaw.htm.
10

24.

Attached hereto as Exhibit W is a true and correct copy of an article titled "Apple

11 Again Cites Inaccurate Evidence in Samsung Patent Case" obtained from PCWorld on August 22,
12 2011 from this address:
13 http://www.pcworld.com/article/238488/apple_again_cites_inaccurate_evidence_in_samsung_pat
14 ent_case.html.
15

25.

Exhibits X through DD have been physically lodged with the Court and are true

16 and correct copies of the following products: Apple iPhone 3GS, Apple iPhone 4, Apple iPad,
17 Apple iPad2, Samsung Galaxy S 4G, Samsung Infuse 4G, Samsung Galaxy Tab 10.1,
18 respectively.
19

26.

Attached hereto as Exhibit EE is a true and correct copy of U.S. Design Patent No.

20 504,889.
21

27.

Attached hereto as Exhibit FF are true and correct copies of Apple Inc.’s

22 Objections and Responses to Samsung’s Interrogatories to Apple Relating to Apple Inc.’s Motion
23 for a Preliminary Injunction and Apple Inc.’s August 18, 2011 verification of its interrogatory
24 responses.
25

28.

Attached hereto as Exhibit GG is a true and correct copy of the home page for

26 Apple's iPad2 as obtained from Apple's website on August 22, 2011 at the following address:
27 http://www.apple.com/ipad/.
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Case No. 11-cv-01846-LHK
-4JENKINS DECLARATION IN SUPPORT OF SAMSUNG’S OPPOSITION TO APPLE’S MOTION FOR A
PRELIMINARY INJUNCTION

1

29.

Attached hereto as Exhibit HH is a true and correct copy of certain excerpts of the

2 transcript of the deposition of Bas Ording dated August 9, 2011.
3

30.

Attached hereto as Exhibit II is a true and correct copy of certain excerpts of the

4 transcript and exhibits of the deposition of Ravin Balakrishnan dated August 16, 2011.
5

31.

Attached hereto as Exhibit JJ is a true and correct copy of exhibit 104 from the

6 deposition of Ravin Balakrishnan dated August 16, 2011.
7

32.

Attached hereto as Exhibit KK is a true and correct copy of International

8 Publication Number WO 03/081458 to Luigi Lira.
9

33.

Attached hereto as Exhibit LL is a true and correct copy of exhibit 14 from the

10 deposition of Richard Lutton dated July 26, 2011.
11

34.

Attached hereto as Exhibit MM is a true and correct copy of exhibit 18 from the

12 deposition of Richard Lutton dated July 26, 2011.
13

35.

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

14 deposition of Sissie Twiggs dated July 27, 2011
15

36.

Attached hereto as Exhibit OO is a true and correct copy of exhibit 4 from the

16 deposition of Richard Lutton dated July 26, 2011.
17

37.

Enclosed on a CD as Exhibit PP is a true and correct copy of a video clip as

18 downloaded from http://www.youtube.com/watch?v=mbJFJ2pmedA.
19

38.

Attached hereto as Exhibit QQ is a true and correct copy of exhibit 11 from the

20 deposition of Richard Lutton dated July 26, 2011.
21

39.

Attached hereto as Exhibit RR is a true and correct copy of Google Inc.'s Form 10-

22 K for the fiscal year ended December 31, 2010.
23

40.

Attached hereto as Exhibit SS is true and correct copy of a demonstrative matching

24 Dr. Balakrishnan’s deposition testimony regarding LaunchTile to the claims of the ‘381 Patent.
25

41.

Attached hereto as Exhibit TT are true and correct copies of three articles regarding

26 the releases of Samsung's Captivate, Continuum and Vibrant phones that were downloaded on
27 August 22, 2011. The article titled "Android OS-based Samsung Captivate Released by AT&T"
28 was downloaded from http://www.brighthand.com/printArticle.asp?newsID=16796; the article
Case No. 11-cv-01846-LHK
-5JENKINS DECLARATION IN SUPPORT OF SAMSUNG’S OPPOSITION TO APPLE’S MOTION FOR A
PRELIMINARY INJUNCTION

1 titled "Samsung Continuum Review" was downloaded from
2 http://www.brighthub.com/mobile/samsung/reviews/96764.aspx and the article titled "Samsung
3 Vibrant Review by MobileBurn" was downloaded from
4 http://www.cellphonesignal.com/samsung-vibrant-review-by-mobileburn.
5

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

6 Redwood Shores, California on August 22, 2011.
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By /s/ Sara Jenkins
Sara Jenkins

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Case No. 11-cv-01846-LHK
-6JENKINS DECLARATION IN SUPPORT OF SAMSUNG’S OPPOSITION TO APPLE’S MOTION FOR A
PRELIMINARY INJUNCTION