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

Filing 223

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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1 2 3 4 5 6 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 7 8 9 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. 10 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 SAN JOSE DIVISION 14 15 APPLE INC., a California corporation, Plaintiff, 16 17 18 19 20 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, 21 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 22 PUBLIC REDACTED VERSION EXHIBITS A, B, C, D, E, H, I and J FILED UNDER SEAL 23 24 25 26 27 28 BARTLETT DECL. IN SUPT. OF OPP. TO MOT. TO COMPEL CASE NO. 11-CV-01846-LHK sf-3040944 1 I, JASON R. BARTLETT, declare as follows: 2 1. I am a partner at the law firm of Morrison & Foerster LLP, attorneys of record in 3 this action for plaintiff Apple Inc. (“Apple”). I submit this declaration in support of Apple’s 4 Opposition to Samsung’s Motion to Compel Regarding Request for Production No. 1 and 5 Interrogatory Nos. 1, 3 and 6. Unless otherwise indicated, I have personal knowledge of the 6 matters set forth below. If called as a witness I could and would testify competently as follows: 7 2. Apple has provided over 35,000 pages of discovery, detailed responses to 8 Samsung’s interrogatories, and has offered over 10 witnesses on topics relevant to the preliminary 9 injunction motion. 10 3. 11 Instead, counsel for Apple and Samsung met and conferred several times, 12 during which Apple explained that it would provide only “narrowly tailored” discovery in 13 connection with the Preliminary Injunction motion 14 4. 15 16 17 18 19 20 5. 21 22 6. 23 24 25 26 7. 27 28 BARTLETT DECL. IN SUPT. OF OPP. TO MOT. TO COMPEL CASE NO. 11-CV-01846-LHK sf-3040944 1 1 2 3 4 5 . 8. 6 7 8 9 9. 10 11 12 13 14 10. 15 16 17 18 19 11. The parties are currently negotiating a protective order to protect each companies’ confidential and trade secret information. 20 21 22 12. 23 24 25 26 27 13. Attached as Exhibit A is a true and correct copy of my August 1, 2011 letter to Todd Brigs, counsel for Samsung. 14. Attached as Exhibit B is a true and correct copy of a July 29, 2011 letter from Todd Briggs to myself. 28 BARTLETT DECL. IN SUPT. OF OPP. TO MOT. TO COMPEL CASE NO. 11-CV-01846-LHK sf-3040944 2 1 2 3 4 5 6 7 15. Attached as Exhibit C is a true and correct copy of my August 31, 2011 e-mail to Sara Jenkins, counsel for Samsung. 16. 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. 17. Attached as Exhibit E is a true and correct copy of an August 4, 2011 letter from Michael Zeller to Michael Jacobs. 18. Attached as Exhibit F is a true and correct copy of an article entitled “Behind 8 Samsung's Tablet Redesign: We Won't Be Outdone By Apple,” authored by Elizabeth Woyke for 9 Forbes.com, dated March 22, 2011, available at 10 http://www.forbes.com/sites/elizabethwoyke/2011/03/22/behind-samsungs-tablet-redesign-we- 11 wont-be-outdone-by-apple/. 12 19. Attached as Exhibit G is a true and correct copy of an article entitled “The 13 Mysterious Case of the ‘iPad 2′ Cases,” authored by Owen Fletcher for the Wall Street Journal 14 dated December 31, 2010, available at http://blogs.wsj.com/chinarealtime/2010/12/31/the- 15 mysterious-case-of-the-ipad-2-cases/. 16 17 18 19 20 21 20. 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. 21. 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. 22. Attached as Exhibit J is a true and correct copy of excerpts from the July 26, 2011 deposition transcript of Richard J. Lutton. 22 23 24 25 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. 26 27 28 BARTLETT DECL. IN SUPT. OF OPP. TO MOT. TO COMPEL CASE NO. 11-CV-01846-LHK sf-3040944 3 1 Dated: September 9, 2011 MORRISON & FOERSTER LLP 2 3 By: 4 /s/ Jason R. Bartlett Jason R. Bartlett Attorneys for Plaintiff APPLE INC. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BARTLETT DECL. IN SUPT. OF OPP. TO MOT. TO COMPEL CASE NO. 11-CV-01846-LHK sf-3040944 4

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