Apple Inc. v. Samsung Electronics Co. Ltd. et al
Filing
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DECLARATION of Jason R. Bartlett in Support of Opposition to #205 MOTION to Compel Request for Production No. 1 and Interrogatory Nos. 1, 3, and 6 (Public Redacted Version) filed by Apple Inc.. (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)(Related document(s) #205 ) (Bartlett, Jason) (Filed on 9/12/2011) Modified text on 9/13/2011 (dhm, COURT STAFF).
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HAROLD J. MCELHINNY (CA SBN 66781)
hmcelhinny@mofo.com
MICHAEL A. JACOBS (CA SBN 111664)
mjacobs@mofo.com
RICHARD S.J. HUNG (CA SBN 197425)
rhung@mofo.com
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: (415) 268-7000
Facsimile: (415) 268-7522
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MARK D. SELWYN (SBN 244180)
mark.selwyn@wilmerhale.com
WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, California 94304
Telephone: (650) 858-6000
Facsimile: (650) 858-6100
WILLIAM F. LEE (pro hac vice)
william.lee@wilmerhale.com
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Telephone: (617) 526-6000
Facsimile: (617) 526-5000
Attorneys for Plaintiff
APPLE INC.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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APPLE INC., a California corporation,
Plaintiff,
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v.
SAMSUNG ELECTRONICS CO., LTD., a
Korean corporation; SAMSUNG
ELECTRONICS AMERICA, INC., a New
York corporation; and SAMSUNG
TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,
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Defendants.
Case No. 11-cv-01846-LHK
DECLARATION OF JASON R.
BARTLETT IN SUPPORT OF APPLE’S
OPPOSITION TO SAMSUNG’S MOTION
TO COMPEL REGARDING REQUEST
FOR PRODUCTION NO. 1 AND
INTEROGATORY NOS. 1, 3, AND 6
Date:
Time:
Place:
Judge:
September 13, 2011
10:00.
Courtroom 5, 4th Floor
Hon. Paul Singh Grewal
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PUBLIC REDACTED VERSION
EXHIBITS A, B, C, D, E, H, I and J FILED UNDER SEAL
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BARTLETT DECL. IN SUPT. OF OPP. TO MOT. TO COMPEL
CASE NO. 11-CV-01846-LHK
sf-3040944
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I, JASON R. BARTLETT, declare as follows:
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I am a partner at the law firm of Morrison & Foerster LLP, attorneys of record in
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this action for plaintiff Apple Inc. (“Apple”). I submit this declaration in support of Apple’s
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Opposition to Samsung’s Motion to Compel Regarding Request for Production No. 1 and
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Interrogatory Nos. 1, 3 and 6. Unless otherwise indicated, I have personal knowledge of the
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matters set forth below. If called as a witness I could and would testify competently as follows:
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2.
Apple has provided over 35,000 pages of discovery, detailed responses to
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Samsung’s interrogatories, and has offered over 10 witnesses on topics relevant to the preliminary
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injunction motion.
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3.
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Instead, counsel for Apple and Samsung met and conferred several times,
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during which Apple explained that it would provide only “narrowly tailored” discovery in
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connection with the Preliminary Injunction motion
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BARTLETT DECL. IN SUPT. OF OPP. TO MOT. TO COMPEL
CASE NO. 11-CV-01846-LHK
sf-3040944
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The parties are currently negotiating a protective order to protect each companies’
confidential and trade secret information.
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12.
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13.
Attached as Exhibit A is a true and correct copy of my August 1, 2011 letter to
Todd Brigs, counsel for Samsung.
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Attached as Exhibit B is a true and correct copy of a July 29, 2011 letter from
Todd Briggs to myself.
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BARTLETT DECL. IN SUPT. OF OPP. TO MOT. TO COMPEL
CASE NO. 11-CV-01846-LHK
sf-3040944
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Attached as Exhibit C is a true and correct copy of my August 31, 2011 e-mail to
Sara Jenkins, counsel for Samsung.
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Attached as Exhibit D is a true and correct copy of an August 11, 2011 letter from
Michael A. Jacobs, counsel for Apple, to Michael Zeller, counsel for Samsung.
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Attached as Exhibit E is a true and correct copy of an August 4, 2011 letter from
Michael Zeller to Michael Jacobs.
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Attached as Exhibit F is a true and correct copy of an article entitled “Behind
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Samsung's Tablet Redesign: We Won't Be Outdone By Apple,” authored by Elizabeth Woyke for
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Forbes.com, dated March 22, 2011, available at
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http://www.forbes.com/sites/elizabethwoyke/2011/03/22/behind-samsungs-tablet-redesign-we-
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wont-be-outdone-by-apple/.
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Attached as Exhibit G is a true and correct copy of an article entitled “The
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Mysterious Case of the ‘iPad 2′ Cases,” authored by Owen Fletcher for the Wall Street Journal
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dated December 31, 2010, available at http://blogs.wsj.com/chinarealtime/2010/12/31/the-
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mysterious-case-of-the-ipad-2-cases/.
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Attached as Exhibit H is a true and correct copy of a July 27, 2011 e-mail from
Deok Keun Matthew Ahn, counsel for Apple, to Sara Jenkins, et al.
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Attached as Exhibit I is a true and correct copy of a July 28, 2011 e-mail from
Todd Briggs to Deok Keun Matthew Ahn.
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Attached as Exhibit J is a true and correct copy of excerpts from the July 26, 2011
deposition transcript of Richard J. Lutton.
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I declare under the penalty of perjury under the laws of the United States of America that
the forgoing is true and correct and that this Declaration was executed this 9th day of September,
2011, at San Francisco, California.
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BARTLETT DECL. IN SUPT. OF OPP. TO MOT. TO COMPEL
CASE NO. 11-CV-01846-LHK
sf-3040944
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Dated: September 9, 2011
MORRISON & FOERSTER LLP
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By:
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/s/ Jason R. Bartlett
Jason R. Bartlett
Attorneys for Plaintiff
APPLE INC.
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BARTLETT DECL. IN SUPT. OF OPP. TO MOT. TO COMPEL
CASE NO. 11-CV-01846-LHK
sf-3040944
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