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)

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]
 Kathleen M. Sullivan (Bar No. 242261)
[e-mail]
 Kevin P.B. Johnson (Bar No. 177129)
[e-mail]
 Victoria F. Maroulis (Bar No. 202603)
[e-mail]
th
 555 Twin Dolphin Drive, 5 Floor
Redwood Shores, California 94065-2139
 Telephone: [phone]
Facsimile: [phone]

Susan R. Estrich (Bar No. 124009)
 [e-mail]
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

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

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Case No. 11-cv-01846-LHK
DECLARATION OF SUSAN ESTRICH