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)

Estrich Declaration
Exhibit 23

TRANSLATION
Email from: Bong-Hee Kim <[e-mail]>
Date: Wednesday, 2/11/2010 Thursday (23:30)
Title: Fwd: Fwd: Fwd: Summary of Executive-Level Meeting Supervised by Head of Division (February
10).
For your reference.
------Original Message-----Sender: Eun-Jung Ko <[e-mail]> D5(Lead)/Lead/UX Cluster Part (Mobile)/Samsung
Electronics
Date: 2010-02-11 16:17 (GMT+09:00)
Title: Fwd: Fwd: Summary of Executive-Level Meeting Supervised by Head of Division (February 10).
----------------------------------Mobile Communications Division, Samsung
Mobile Design Team, UX Design
Eun Jung Ko (Lead)
*Address: Seocho Tower, 12th Floor, Seocho 2-Dong, Seocho-gu, Seoul, Korea
*Tel: [phone]
*Anycall [mobile]: 016-787-2986
*Fax: [phone]
*Email: [e-mail]
-------------------------------------------Original Message-----Sender: Eun Jung Ko<[e-mail]> D5(Lead)/Lead/UX Cluster Part (Mobile)/Samsung
Electronics
Date: 2010-02-10 15:42 (GMT+09:00)
Title: Fwd: Summary of Executive-Level Meeting Supervised by Head of Division (February 10)
I attended the meeting described below. There are a few corrections and missing items.
- Strive to realize UX that is easy to use regardless of age, occupation, and education, UX that is not like
UX, UX that flows like water as its alarm goes off when you wake in the morning, then has the news
coming out of it as you get ready to leave for work.
=> To this the Senior Vice President said, That’s what we’re doing, to which Head of Division said, “No,
I’m not saying do that for everything;

PLAINTIFF’S EXHIBIT NO. 40
United States District Court
Northern District of California
No. 11-CV-01846-LHK (PSG)
Apple Inc. v. Samsung Elecs.
Date Admitted:__________ By:_________

Plaintiff's Exhibit No. 40.2

TRANSLATION
I’m saying I like it this way, but others may have UXs that they like based on their individuality So, we should be
able to accommodate that. UX that’s not called UX and not like UX. I don’t mean UX needs to disappear; it’s
something that is a matter of course, so even if we don’t call it UX, if we use it it’s as a matter of course.”
I wrote it all down without leaving out a single grammatical particle out. I get the gist of it but it’s
convoluted…Yikes…
Argh...
-

Screens are our most important asset. It is very important that we increase the size of our screen.

=>

To explain this point more concretely, he talked about the TVs that are in homes as an example. . Before, everyone
used small TVs but nowadays, every house has a large TV. Everyone wants to look at a big screen. It is the same
for mobile phones. Once you’ve come across a touch phone, you desire to view the contents in a larger screen.

-

A judge speaks through judgments, an engineer speaks through products, and a designer should not
need to speak.

=>

There is a saying that “Judges speak through their judgments.” Have you heard that? (Nobody answers…) You
haven’t heard that? Engineers don’t need to say, “I implemented this however which way” and don’t need to talk
about this problem or that. They show, with the very product they have developed.
The same goes for designers. Whatever else can be said about design language, there is no need for explanations.
Does not President Choi demand to see the mockup first, before he listens to any explanations?
Designers, for your part, do not speak; show your properly executed design.

-

I absolutely never demand anything unreasonable of you. I never make you do anything that is difficult. And I
speak in simple terms. I never talk in a vague and ambiguous manner, I speak in precise terms. Recognize that.

-

The most important aspect of a design is its level of perfection. I hope that you do your best to increase the level of
perfection until you have achieved higher quality.

-

A company goes out of business because of its own success factors. Samsung’s success factors are diligence,
sincerity, and acting in an exemplary manner. The kind that says yes to whatever a carrier wants…
That’s a shortcut to going out of business. All the carriers tell me, Hey JK! Your phones have great technological
prowess and everything’s great. But it’s hard to sell them as high-end phones.
That’s because we spent all of our subsidy funds on the iPhone and can’t give a penny in subsidy to your phones, so
of course your phones will be expensive and then it follows that they won’t sell.
I hear things like this: Let’s make something like the iPhone.

-

When everybody (both consumers and the industry) talk about UX, they weigh it against the iPhone. The iPhone
has become the standard. That’s how things are already.
Do you know how difficult the Omnia is to use? When you compare the 2007 version of the iPhone with our
current Omnia, can you honestly say the Omnia is better? If you compare the UX with the iPhone, it’s a difference
between Heaven and Earth.

-

-

-

If a shabby UX gets proposed, we put together a task force with Senior Vice President Young Hwan Kim as its
leader to stop development. Now we’re making a process by which if that kind of UX gets proposed, it’ll get
stopped and Improvements can be made.
He called out the names of the leaders of each section. Where is Principal Sung-Sik Lee? (Senior Vice President
Jang: He went to Suwon.) Is he living in Suwon? (Yes, still living there, he took everyone with him and is living
there with about forty people.) He’s suffering, right? I know you guys are suffering. Have things gotten much better?
better?
it’s getting better). Good, good, good, they should. Let's up more more strength.
(Yes, it's getting much better). Good, they should. Let’s mustermuster upstrength.
You are the experts. I’m not a designer, as you know. But in my opinion there are so many designs that depart
from common sense. Sometimes I’ve thought I’m looking at a college graduation project. I’ve never said so
because I didn’t want to discourage you, but since you’re the heads of your sections so I’m saying it. I look at
things from the perspective of consumers, so I fix things that don’t make sense. It would be nice if I could look at
everything but I can’t, so you’ll have to do it well yourselves.

Plaintiff's Exhibit No. 40.3

TRANSLATION
-

For goodness sake let’s get things done while working within the realm of common sense. When it comes
to UX, fix things that make sense first. I’ve always said this, haven’t I? A UX that can be used by anyone
from six year olds to senior citizens. Ease of use is the answer.

-

I live in Bundang and it only takes me 30 minutes to get here. I’ll come by here from time to time early in
the morning or in the evening for discussions like this. Don’t you go on business trips, stay here and
improve quality. Don’t even go to MWC. Why do we need to go see the Chinese products that are there
because no one else shows up? None of you should go.

-

*** To product designers, he said, you must make three or four design languages a year and put them to
good use! The look and feel of a product matters most.
To UX designers, he said, you must increase the level of perfection, make products within the realm of
common sense and based on ease of use. ease of use
comfort and
To everyone, he said you must think at least six months ahead; be must get to to the related departments
To everyone, he said you must think at least six months ahead; we the solution where problems that related
departments come looking for. Be people with creativity.
come here for answers.
---------------------------------------------Mobile Communications Division, Samsung
Mobile Design Team, UX Design
Eun-Jung Ko (Lead)
*Address: Seocho Tower, 12th Floor, Seo-Cho-#2-Dong, Seocho-Gu, Seoul, Korea
*Tel: [phone]
*Anycall (Mobile): 016-787-2986
*Fax: [phone]
*Email: [e-mail]
------------------------------------------------------Original message-----Sender: Hye-Sun Kim<[e-mail]>, Manager of G5, Wireless Communication Design
Group, Samsung
Date: 2/10/2010 14:00 (GMT +9:00)
Title: Summary of Executive-Level Meeting Supervised by Head of Division (February 10)
‹ Mobile Communications Division Meeting ›
Ŷ Time: 2010.2.10 (Wednesday) 9:40 ~ 11:00 (1h 20m)
Ŷ Place: 10F Gold Conference Room, Seocho Worksite

¤μTT

Plaintiff's Exhibit No. 40.4

TRANSLATION
Ŷ Attendees: Donghoon Chang (Senior Vice President), Chang-Hwan Hwang (Vice President), Min-Hyuk
Lee (Principal), Hyeong-seok Jeon (Principal), Soo-Jung Yoon (Principal), Sang-Min Hyun (Principal), YuiSoo Kum (Principal), Yoon-Jung Lee (Principal), Byoung-Chul Hwang (Principal), Nammi Kim (Principal),
Jin-Soo Kim (Lead), Eun-Jung Ko (Lead), Ki-Hwan Kwon (Lead), Ji-Yeon Lee (Lead), Jung-Mi Ha (Lead),
Dongseok Ryu (Lead), Beom Gu Han (Lead), Sun-Young Lee (Lead), Doo-Rae Kim (Lead), Yin-Gon Park
(Lead), Hyun-Sup Kim (Lead), Ja-young Kim (Lead), Hyeon-seop Kim (Lead), Byoung-Joo Kim (Lead),
Hee-Woong Choi (Lead), Hye-Sun Kim (Manager) total 28.
Ŷ Summary of the Comments of the Head of the Division
-

[Our] quality isn’t good, perhaps because the designers are chased along by our schedule as they get so many
models done. Don’t you say “not quite” about something that is lacking in completeness and would be
an embarrassment to show others? It would be better to not make anything at all than to make it not quite.
By introducing a product that is not quite, all you do is make things hard for the consumers.
In all the work you do, do it with the mindset that once it leaves your hands
it’s a final your best to make final product with having checked and improved
it's final, doproduct with a highalevel of perfection, a high level of completion, having checked and improved
on it meticulously and in detail scores of times over.
numerous times over.
Designers rightly should be respected and recognized within [their] organization, and in society outside the
organization. Work with self-confidence, but there needs to be change in the methods by which you work.
I’ll be tied up with various strategy meetings and overseas business trips until March but after March it is my
intention to set each and every thing right around here. It seems like there’s an unnecessary increasing of the
number of products at product planning. The path to improving Quality is to eliminate inefficient models and
reduce the number of models overall.
Right now we’re expecting to do around 350 models in the first first half of year. If you ask the companies,
just the half of this this year. If you ask the companies,
the Operators we deal with, whether they like that we launch one model right after the another, [the answer is]
absolutely not. Quantity isn’t what’s important, what’s important is putting on the market models with a high
level of perfection, one to two Excellent ones.
We are at the point where we can proudly say we’re worthy of being No. 2 in the Telecom Industry, and since
we are in a position where we are Leading the Industry, what is most important is that we select one Design
apply maximum variation to
Language based on “creativity” befitting our status, and do Maximum Variation with that one Design
Language.
Minimize the time Senior Vice President Donghoon Chang and the rest of the designers spend going back and
forth from Suwon and the time spent away from Seocho on things like overseas business trips
and try to spend long periods of time with subordinates putting your heads together to come up with the best
final products.
results.
I don’t know how many of you are getting ready to go to MWC, but not only are Nokia and many other
companies saying they’re not going to participate, there’s also nothing to see, so don’t go.
See to it that should anyone come to Seocho, that person gets the feeling that there’s something metaphysical,
mysterious, and secretive, and see to it that you do not show non-final designs that are in an intermediate
stage to this person and that person, and then gather various comments and make corresponding modifications.
Designers rightly must make their own designs with conviction and confidence; do not strive to do designs to
please me (the president); instead make designs with faces that are creative and diverse.

Plaintiff's Exhibit No. 40.5

TRANSLATION
I have confidence in our products’ H/W, in their exterior design, and in their quality. But when it comes to the
ease of use of our UX, I lack such confidence.
Influential figures outside the company come across the iPhone, and they point out that “Samsung is dozing
off.”
All this time we've been paying all our attention to Nokia, and concentrated our efforts on things like Folder,
Bar, Slide, yet when our UX is compared to the unexpected competitor Apple’s iPhone, the difference is truly
that of Heaven and Earth.
It’s a crisis of design.
The world is changing, and the flow of change isn’t something that you can have come back again by going
against the flow.
Metamorphosis requires energy; we have ample assets in the form of our people, so as long as we are
equipped with capability, the world’s change will function for us as an advantageous opportunity.
All the executives and employees in the Mobile Communications Division are diligent and exemplary
that all this time, when Operators made comments about the designs we put before them, we modified and
modified again, without missing a single comment. That style of business has worked until now,
but the iPhone’s emergence means the time we have to change our methods has arrived. .
In regards to exteriors, do your best not to create a plastic feeling and instead create a Metallic feel.
As for UX, see to it that it is a UX that is easy to use regardless of age, occupation, and level of education,
that it’s a UX that’s not like a UX, that, just like the flow of water, its alarm rings when you wake in the
morning then out comes the news while you’re getting ready to leave for work, see to it that you’re able to
come up with that kind of UX.
Our most important our Screen. Screen.
biggest asset is asset is our
It is very important that we make Screen Size bigger, and in the future mobile phones will absorb even the
Function of e-books.
The concern about being too far ahead is that it can also mean failure; so our designers need to think at least
six months ahead; they need enough prior preparation to resolve whatever sales or product planning says
about their designs.
From now on I’ll come to Seocho more often and we will put our heads together.
agonize together with you.
If you have something to report, don’t come to Suwon bearing a bag of mockups, just call me anytime.
A judge speaks through judgments, an engineer speaks through products, and a designer should not need to
speak.
That is all.
------------------------------------

Hyesun Kim (Sunny)
HR Manager
Design Group
Mobile Communications Division
Office: 01-2255-5214
Mobile: [phone]
Email: [e-mail]
------------------------------------

Plaintiff's Exhibit No. 40.6

TRANSLATION

-----------------------------------------------------

Bong-Hee Kim (Lead)
UX Design Part, Senior Manager
Mobile Communication Division
Telecommunication Network Business
SAMSUNG ELECTRONICS CO., LTD.
Office: 02-750-9398 | Fax: [phone]
Mobile: [phone]
eMail: [e-mail]
-----------------------------------------------------

Plaintiff's Exhibit No. 40.7

Plaintiff's Exhibit No. 40.8

Plaintiff's Exhibit No. 40.9

Plaintiff's Exhibit No. 40.10

Plaintiff's Exhibit No. 40.11

Plaintiff's Exhibit No. 40.12

Plaintiff's Exhibit No. 40.13