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

Filing 2126

Declaration of Susan Estrich in Support of 2013 MOTION for Judgment as a Matter of Law, New Trial and/or Remittitur Pursuant to Federal Rules of Civil Procedure 50 and 59, 2054 Brief, 2053 Opposition/Response to Motion, filed bySamsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (Attachments: # 1 Exhibit 1 to the Estrich Declaration, # 2 Exhibit 2 to the Estrich Declaration, # 3 Exhibit 3 to the Estrich Declaration, # 4 Exhibit 4 to the Estrich Declaration, # 5 Exhibit 5 to the Estrich Declaration, # 6 Exhibit 6 to the Estrich Declaration, # 7 Exhibit 7 to the Estrich Declaration, # 8 Exhibit 8 to the Estrich Declaration, # 9 Exhibit 9 to the Estrich Declaration, # 10 Exhibit 10 to the Estrich Declaration, # 11 Exhibit 11 to the Estrich Declaration, # 12 Exhibit 12 to the Estrich Declaration, # 13 Exhibit 13 to the Estrich Declaration, # 14 Exhibit 14 to the Estrich Declaration, # 15 Exhibit 15 to the Estrich Declaration, # 16 Exhibit 16 to the Estrich Declaration, # 17 Exhibit 17 to the Estrich Declaration, # 18 Exhibit 18 to the Estrich Declaration, # 19 Exhibit 19 to the Estrich Declaration, # 20 Exhibit 20 to the Estrich Declaration, # 21 Exhibit 21 to the Estrich Declaration, # 22 Exhibit 22 to the Estrich Declaration, # 23 Exhibit 23 to the Estrich Declaration, # 24 Exhibit 24 to the Estrich Declaration, # 25 Exhibit 25 to the Estrich Declaration, # 26 Exhibit 26 to the Estrich Declaration, # 27 Exhibit 27 to the Estrich Declaration, # 28 Exhibit 28 to the Estrich Declaration, # 29 Exhibit 29 to the Estrich Declaration, # 30 Exhibit 30 to the Estrich Declaration, # 31 Exhibit 31 to the Estrich Declaration)(Related document(s) 2013 , 2054 , 2053 ) (Maroulis, Victoria) (Filed on 11/9/2012)

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1 QUINN EMANUEL URQUHART & SULLIVAN, LLP Charles K. Verhoeven (Bar No. 170151)  charlesverhoeven@quinnemanuel.com 50 California Street, 22nd Floor  San Francisco, California 94111 Telephone: (415) 875-6600  Facsimile: (415) 875-6700  Kathleen M. Sullivan (Bar No. 242261) kathleensullivan@quinnemanuel.com  Kevin P.B. Johnson (Bar No. 177129) kevinjohnson@quinnemanuel.com  Victoria F. Maroulis (Bar No. 202603) victoriamaroulis@quinnemanuel.com th  555 Twin Dolphin Drive, 5 Floor Redwood Shores, California 94065-2139  Telephone: (650) 801-5000 Facsimile: (650) 801-5100  Susan R. Estrich (Bar No. 124009)  susanestrich@quinnemanuel.com Michael T. Zeller (Bar No. 196417)  michaelzeller@quinnemanuel.com 865 S. Figueroa St., 10th Floor  Los Angeles, California 90017 Telephone: (213) 443-3000  Facsimile: (213) 443-3100  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  CASE NO. 11-cv-01846-LHK APPLE INC., a California corporation,  DECLARATION OF SUSAN ESTRICH IN Plaintiff, SUPPORT OF SAMSUNG’S MOTION FOR  JUDGMENT AS A MATTER OF LAW, NEW vs. TRIAL AND/OR REMITTITUR PURSUANT TO  FEDERAL RULES OF CIVIL PROCEDURE 50 SAMSUNG ELECTRONICS CO., LTD., a AND 59; SAMSUNG’S OPPOSITION TO APPLE  Korean business entity; SAMSUNG INC.’S MOTION FOR JUDGMENT AS A ELECTRONICS AMERICA, INC., a New MATTER OF LAW (RENEWED), NEW TRIAL,  York corporation; SAMSUNG AND AMENDED JUDGMENT [FRCP 50, 59]; AND TELECOMMUNICATIONS AMERICA, SAMSUNG’S OPPOSITION TO APPLE’S  LLC, a Delaware limited liability company, MOTION FOR A PERMANENT INJUNCTION    04590.23535/5048717.1 AND DAMAGES ENHANCEMENTS Defendant. Date: Time: Place: Judge: December 6, 2012 1:30 p.m. Courtroom 8, 4th Floor Hon. Lucy H. Koh Case No. 11-cv-01846-LHK DECLARATION OF SUSAN ESTRICH 1 I, Susan Estrich, declare:  1. I am a partner with 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 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. I make this declaration in support of Samsung’s Motion for Judgment as a Matter  of Law, New Trial and/or Remittitur Pursuant to Federal Rules of Civil Procedure 50 and 59;  Samsung’s Opposition to Apple Inc.’s Motion for Judgment as a Matter of Law (Renewed), New  Trial, and Amended Judgment [FRCP 50, 59]; and Samsung’s Opposition to Apple’s Motion for a  Permanent Injunction and Damages Enhancements.  3. Attached hereto as Exhibit 1 is a true and correct copy of excerpts from Volume 1  of the Transcript of Proceedings (“Trial Transcript”), Pages 1-282, dated July 30, 2012.  4. Attached hereto as Exhibit 2 is a true and correct copy of excerpts from Volume 2  of the Trial Transcript, Pages 283-555, dated July 31, 2012.  5. Attached hereto as Exhibit 3 is a true and correct copy of excerpts from Volume 3  of the Trial Transcript, Pages 556-930, dated August 3, 2012.  6. Attached hereto as Exhibit 4 is a true and correct copy of excerpts from Volume 4  of the Trial Transcript, Pages 931-1296, dated August 6, 2012.  7. Attached hereto as Exhibit 5 is a true and correct copy of excerpts from Volume 5  of the Trial Transcript, Pages 1297-1637, dated August 7, 2012.  8. Attached hereto as Exhibit 6 is a true and correct copy of excerpts from Volume 6  of the Trial Transcript, Pages 1638-1988, dated August 10, 2012.  9. Attached hereto as Exhibit 7 is a true and correct copy of excerpts from Volume 7  of the Trial Transcript, Pages 1989-2320, dated August 13, 2012.  10. Attached hereto as Exhibit 8 is a true and correct copy of excerpts from Volume 8  of the Trial Transcript, Pages 2321-2650, dated August 14, 2012.  04590.23535/5048717.1 -1- Case No. 11-cv-01846-LHK DECLARATION OF SUSAN ESTRICH 1 11. Attached hereto as Exhibit 9 is a true and correct copy of excerpts from Volume 9 2 of the Trial Transcript, Pages 2651-2965, dated August 15, 2012. 3 12. Attached hereto as Exhibit 10 is a true and correct copy of excerpts from Volume 4 10 of the Trial Transcript, Pages 2966-3386, dated August 16, 2012. 5 13. Attached hereto as Exhibit 11 is a true and correct copy of excerpts from Volume 6 12 of the Trial Transcript, Pages 3712-3940, dated August 18, 2012. 7 14. Attached hereto as Exhibit 12 is a true and correct copy of a judgment dated 8 November 9, 2012 issued by the England and Wales Court of Appeal, Samsung Electronics (UK) 9 Limited v. Apple Inc. [2012] EWCA Civ 1430, available at http://www.bailii.org/ew/cases/ 10 EWCA/Civ/2012/1430.html. 11 15. Attached hereto as Exhibit 13 is a true and correct copy of excerpts from the 12 transcript of the November 5, 2012 deposition of Marylee Robinson. 13 16. Attached hereto as Exhibit 14 is a true and correct copy of excerpts from the 14 transcript of the November 6, 2012 deposition of Russell Winer. 15 17. Attached hereto as Exhibit 15 is a true and correct copy of excerpts from the 16 transcript of the November 2, 2012 deposition of Philip Schiller. 17 18. Attached hereto as Exhibit 16 is a true and correct copy of Plaintiff’s Trial 18 Exhibit 11. 19 19. Attached hereto as Exhibit 17 is a true and correct copy of Plaintiff’s Trial 20 Exhibit 12. 21 20. Attached hereto as Exhibit 18 is a true and correct copy of Plaintiff’s Trial 22 Exhibit 14. 23 21. Attached hereto as Exhibit 19 is a true and correct copy of Plaintiff’s Trial 24 Exhibit 15. 25 22. Attached hereto as Exhibit 20 is a true and correct copy of Plaintiff’s Trial 26 Exhibit 16. 27 23. Attached hereto as Exhibit 21 is a true and correct copy of Plaintiff’s Trial 28 Exhibit 36. 04590.23535/5048717.1 -2- Case No. 11-cv-01846-LHK DECLARATION OF SUSAN ESTRICH 1 24. Attached hereto as Exhibit 22 is a true and correct copy of Plaintiff’s Trial 2 Exhibit 38. 3 25. Attached hereto as Exhibit 23 is a true and correct copy of Plaintiff’s Trial 4 Exhibit 40. 5 26. Attached hereto as Exhibit 24 is a true and correct copy of Plaintiff’s Trial 6 Exhibit 44. 7 27. Attached hereto as Exhibit 25 is a true and correct copy of Plaintiff’s Trial 8 Exhibit 78. 9 28. Attached hereto as Exhibit 26 is a true and correct copy of Plaintiff’s Trial 10 Exhibit 133. 11 29. Attached hereto as Exhibit 27 is a true and correct copy of Plaintiff’s Trial 12 Exhibit 134. 13 30. Attached hereto as Exhibit 28 is a true and correct copy of Plaintiff’s Trial 14 Exhibit 135. 15 31. Attached hereto as Exhibit 29 is a true and correct copy of Defendants’ Trial 16 Exhibit 562. 17 32. Attached hereto as Exhibit 30 is a true and correct copy of Defendants’ Trial 18 Exhibit 2627. 19 33. Attached hereto as Exhibit 31 is a true and correct copy of Joint Trial 20 Exhibit 1043. 21 22 I declare under penalty of perjury that the foregoing is true and correct. Executed in Los 23 Angeles, California on November 9, 2012. 24 25 Susan Estrich 26 27 28 04590.23535/5048717.1 -3- Case No. 11-cv-01846-LHK DECLARATION OF SUSAN ESTRICH

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