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

Filing 242

OPPOSITION to ( #176 MOTION SAMSUNG'S NOTICE OF MOTION AND MOTION TO EXCLUDE ORDINARY OBSERVER OPINIONS OF APPLE EXPERT COOPER WOODRING ); Declaration of Patrick Zhang in Support filed by Apple Inc.. (Attachments: #1 Declaration)(Bartlett, Jason) (Filed on 9/19/2011) Modified text on 9/20/2011 (dhm, COURT STAFF).

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HAROLD J. MCELHINNY (CA SBN 66781)
[e-mail]
MICHAEL A. JACOBS (CA SBN 111664)
[e-mail]
RICHARD S.J. HUNG (CA SBN 197425)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: [phone]

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MARK D. SELWYN (SBN 244180)
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]
WILLIAM F. LEE (pro hac vice)
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Telephone: [phone]
Facsimile: [phone]
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,

Case No. 11-cv-01846-LHK
DECLARATION OF PATRICK ZHANG IN
SUPPORT OF APPLE’S OPPOSITION TO
SAMSUNG’S MOTION TO EXCLUDE
ORDINARY OBSERVER OPINIONS OF
APPLE EXPERT COOPER WOODRING
Date:
Time:
Place:
Judge:

October 13, 2011
1:30 P.M.
Courtroom 8, 4th Floor
Hon. Lucy H. Koh

Defendants.

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PUBLIC REDACTED VERSION
EXHIBITS B and C FILED UNDER SEAL

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ZHANG DECL. IN SUPT. OF OPP. TO MOT. TO EXCLUDE
CASE NO. 11-CV-01846-LHK
sf-3043308

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I, PATRICK J. ZHANG, declare as follows:

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1.

I am an attorney at the law firm of Morrison & Foerster LLP, counsel 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 Exclude Ordinary Observer Opinions of Apple Expert

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Cooper Woodring. Unless otherwise indicated, I have personal knowledge of the matters set

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forth below. If called as a witness I could and would testify competently as follows:

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2.

Attached as Exhibit A is a true and correct copy of the Declaration of Cooper C.

Woodring In Support of Apple’s Motion for a Preliminary Injunction, filed July 1, 2011.
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Attached as Exhibit B is a true and correct copy of excerpts from the transcript of

the deposition of Cooper C. Woodring taken on August 5, 2011.
4.

Attached as Exhibit C is a true and correct copy of excerpts from the transcript of

the deposition of Chris Stringer taken on August 3, 2011
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Attached as Exhibit D is a true and correct copy of the curriculum vitae of Cooper

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C. Woodring, previously filed as exhibit 6 to his June 30, 2011 declaration In Support of Apple’s

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Motion for Preliminary Injunction.

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6.

Attached as Exhibit E is a true and correct copy of an article from

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www.patentadesign.com printed on September 6, 2011 and available at

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http://www.patentadesign.com/gallery/statue-of-liberty-design-patent.html, and a true and copy of

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U.S. Design Patent No. D11,023.

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I declare under the penalty of perjury under the laws of the United States of America that

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the forgoing is true and correct and that this Declaration was executed this 13th day of September,

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2011, at San Francisco, California.

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By:

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/s/ Patrick J. Zhang
Patrick J. Zhang

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ZHANG DECL. IN SUPT. OF OPP. TO MOT. TO EXCLUDE
CASE NO. 11-CV-01846-LHK
sf-3040944

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ATTESTATION OF E-FILED SIGNATURE

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I, JASON R. BARTLETT, am the ECF User whose ID and password are being used to

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file this Declaration. In compliance with General Order 45, X.B., I hereby attest that Patrick J.

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Zhang has concurred in this filing.

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Dated: September 13, 2011

By:

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/s/ Jason R. Bartlett
Jason R. Bartlett

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ZHANG DECL. IN SUPT. OF OPP. TO MOT. TO EXCLUDE
CASE NO. 11-CV-01846-LHK
sf-3040944

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Exhibit A

Case5:11-cv-01846-LHK Document90

Filed07/01/11 Page1 of 14

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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,

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Plaintiff,
v.

Case No.

11-cv-01846-LHK

DECLARATION OF COOPER C.
WOODRING IN SUPPORT OF
APPLE’S MOTION FOR A
PRELIMINARY INJUNCTION

SAMSUNG ELECTRONICS CO., LTD., A
Korean business entity; SAMSUNG
ELECTRONICS AMERICA, INC., a New York
corporation; SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC, a
Delaware limited liability company,
Defendants.

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DECLARATION OF COOPER C. WOODRING IN SUPPORT OF APPLE’S MOTION FOR A PRELIMINARY INJUNCTION
CASE NO. 11-CV-01846-LHK

Case5:11-cv-01846-LHK Document90

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I, COOPER C. WOODRING, declare as follows:

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A.

Qualifications

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1.

I am an independent industrial designer and inventor. I have bachelor’s and

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master’s degrees in Industrial Design. I have worked as an industrial designer continuously since

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1962—almost 50 years. I have received over 25 United States design and utility patents. (See

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Exhibit 1.) A selected set of my United States design patents is attached as Exhibits 2 and 3.

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as:

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[T]he professional service of creating and developing concepts and
specifications that optimize the function, value, and appearance of
products and systems for the mutual benefit of both user and
manufacturer. (See Exhibit 4.)

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The Industrial Designers Society of America (“IDSA”) defines industrial design

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I was elected President and Chairman of the IDSA and most recently served as its

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Executive Director. I testified before the United States Congress on The Industrial Design

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Innovation and Technology Act (H.R. 1790). I was appointed by President Ronald Reagan to

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head the United States Information Agency’s Cultural Exchange Mission, “Design in America,”

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behind the then-existing Iron Curtain. I recently addressed the Design Patent Examiners of the

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United States Patent and Trademark Office at its first ever “Design Day” on future issues and

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strategies for seeking patent protection for designs from the perspective of an industrial designer.

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(See Exhibit 5.)

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4.

I received my profession’s highest award, the IDSA Personal Recognition Award,

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which has been bestowed on only nine designers in history. A list of my honors, awards, articles,

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and speaking engagements appears in my curriculum vitae. (See Exhibit 6.)

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5.

During my career, I have designed hundreds of consumer products. A majority of

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my career was spent with JCPenney Co. in New York City as Manager of New Product

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Development and Product Design. During my time with JCPenney, I designed consumer

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products in many categories, including sporting goods, toys, furniture, electronics, hardware,

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major appliances, and housewares. Attached as Exhibit 7 are examples of consumer electronics I

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designed during my career.
DECLARATION OF COOPER C. WOODRING IN SUPPORT OF APPLE’S MOTION FOR A PRELIMINARY INJUNCTION
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Case5:11-cv-01846-LHK Document90

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6.

Filed07/01/11 Page3 of 14

Based on my years of experience designing consumer products, including

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consumer electronics, and for all the reasons stated in this declaration, I believe that I am

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qualified to testify as one skilled in the art with respect to the designs at issue in this case. In

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addition, I believe that my experiences working with other designers of products of this type

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qualify me to testify on what would be understood by one skilled in the art of designing cellular

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phones and tablet computers such as the ones at issue here.

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7.

I also believe that, based on my firsthand experiences observing purchasers of

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consumer electronics, I am qualified to testify as to how an ordinary observer would perceive and

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evaluate cellular phone and tablet computer designs. For example, during my tenure at

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JCPenney, it was estimated that more than one million people a day shopped in our stores.

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Watching the many customers come through the store, I conducted research into how ordinary

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observers evaluate, compare, and purchase product designs, including consumer electronics. I

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studied and learned the habits and customs of these ordinary customers in the retail environment,

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including the length of time a typical customer spends making a purchase decision for consumer

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products. I also have experience seeing how consumers are influenced by market trends and

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styles. In short, I have had firsthand experience observing ordinary purchasers of consumer

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electronics. Furthermore, I have purchased consumer electronics and thus can speak from my

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own personal experiences. For all of these reasons, I believe that I am qualified to testify on

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issues related to how ordinary observers perceive ornamental designs for cellular phones and

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tablet computers, such as those at issue here.

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8.

In the past five years, I have worked as an expert witness in several lawsuits

involving design patent and trade dress infringement. In particular, I have served as an expert for:
Herman Miller against A. Studio in Case No. 1:04CV0781
(W.D. Mich.);
Electrolux against Oreck Holdings in Civil Action No. 055696 (E.D. La.);
Garmin against Tom Tom in Case No. 268408/KGZA 06819 (The Netherlands District Court of The Hague, Civil
Law Section);

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DECLARATION OF COOPER C. WOODRING IN SUPPORT OF APPLE’S MOTION FOR A PRELIMINARY INJUNCTION
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Case5:11-cv-01846-LHK Document90

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Wing Shing against Sunbeam (Mr. Coffee) in Case No. 06
Civ. 3522 (S.D.N.Y.);

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VTech Communications, Inc. against Motorola, Inc. in Case
No. 07-cv-171-DF-CMC (E.D. Tex.);

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Wenger Corp. against Jim Melhart Piano & Organ Co., Inc.
in Case No. M-05-359 (S.D. Tex.);

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Wenger Corp. against Stadium Chair Co. & Gil DeShazio in
Case No. MO-5-CV-099 (W.D. Tex.);

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Nichia Corp. against Seoul Semiconductor Co., Ltd. in Case
No. 06-cv-162-MMC (JCS) (N.D. Cal.);

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Yokohama Rubber Co., Ltd. against Stamford Tyres Intl.
Pte Ltd. in Case No. SACV 07-0010 CJC (MLGx) (C.D.
Cal.);

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Yokohama against Hangzhou Tire in Case No. SACV 060822 JVS (C.D. Cal.);

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Bodum against Four Others in Case No. 07C5303 ASE
(N.D. Ill.);

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Dexas against Tung Yung in Case No. 6:07-CV-00334 LED
(E.D. Tex.);

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Risenthel against Mad Bags in Case No. 1:09-CV-04971
(N.D. Ill.);

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B&R Plastics against Kikkerland Designs in Investigation
No. 337-TA-693 (U.S. ITC);

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Cobra against Bulldog in Case No. 1:09-cv-00436-UA-PTS
(M.D.N.C.);

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MMI against Baja Motorsports in Case No. 2:10-cv-00496JAT (D. Ariz.); and

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Chrysler against Xingyue Group in Investigation No. 377TA-722 (U.S. ITC).

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9.

I have been retained as an expert consultant in this case by Morrison & Foerster

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LLP, attorneys for Apple Inc. My hourly rate is $360. My compensation is in no way tied to the

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outcome of this case or any particular part of the case.

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B.

Scope of Declaration

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10.

I have been asked by Apple’s attorneys to compare the designs claimed in U.S.

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Design Patent No. D618,677 (the “’D677 patent”), D593,087 (the “’D087 patent”), and D504,889
DECLARATION OF COOPER C. WOODRING IN SUPPORT OF APPLE’S MOTION FOR A PRELIMINARY INJUNCTION
CASE NO. 11-CV-01846-LHK

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(the “’D899 patent”) against the designs of Samsung’s Galaxy S 4G, Infuse 4G, and Galaxy Tab

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10.1 products.

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My detailed analysis follows and makes reference to Exhibits 8-21, which contain

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side by side comparisons of the patented designs and the Samsung products and, in some

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instances, three-way comparisons of the patented designs, the Samsung products, and the prior art.

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12.

In Exhibits 8-21, I have scaled the drawings and photographs such that the heights

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of the phones and tablet computers correspond with one another. Care has been taken not to

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change the proportional relationship (i.e., aspect ratio) of the designs. When conducting my

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analysis, I compared an actual physical sample of the Samsung product to the drawing figures of

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the patented designs. The photographs in this declaration accurately represent the Samsung

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products and record the visual comparison that I made.

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C.

Detailed Comparison of ’D677 Design against Samsung Galaxy S 4G and
Infuse 4G.

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13.

The ’D677 patent is directed to the ornamental appearance of Apple’s iPhone.

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14.

Before conducting my comparison of the ’D677 patent against the Samsung

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Galaxy S 4G and Infuse 4G products, I reviewed the file history of the ’D677 patent and analyzed

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and became familiar with the prior art cited there, as well as U.S. Design Patent No. D498,754

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and D563,929 (the “Samsung-identified references”), which I understand were identified by

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Samsung’s attorneys at a May 12, 2011 hearing in this case.

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15.

In conducting my analysis, I compared the eight views of the ’D677 patent (FIGS.

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1-8) with the corresponding views of the Samsung Galaxy S 4G and Infuse 4G phones. In

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Exhibit 8, each view of the patented ’D677 design is compared to the corresponding view of the

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Galaxy S 4G. In Exhibit 11, each view of the patented ’D677 design is compared to the

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corresponding view of the Infuse 4G.

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1.
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’D677 against the Galaxy S 4G

On visual inspection, it is apparent that all of the major design elements from the

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patented ’D677 design are also found in the Galaxy S 4G design. Just as in the patented design,

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the Galaxy S 4G design has:
DECLARATION OF COOPER C. WOODRING IN SUPPORT OF APPLE’S MOTION FOR A PRELIMINARY INJUNCTION
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a.

a flat, clear, black-colored, rectangular front surface with
four evenly rounded corners;

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an inset rectangular display screen centered on the front
surface that leaves very narrow borders on either side of the
display screen and substantial borders above and below the
display screen; and

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a rounded, horizontal speaker slot centered on the front
surface above the display screen,

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where the rectangular front surface is otherwise
substantially free of ornamentation outside of an optional
button area centrally located below the display.

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(See Exhibit 8.)
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17.

To confirm my analysis, and to directly compare physical product against physical

product, I have also included in Exhibit 9 a view-by-view comparison of the Apple iPhone 3GS,
which embodies the patented ’D677 design, against the Samsung Galaxy S 4G. As can be seen
from Exhibit 9, each major design feature listed in points (a)-(d) above exists in both the Apple
iPhone 3GS and the Samsung Galaxy S 4G.
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Moreover, I have conducted a “three way” analysis of the Galaxy S 4G design, the

’D677 design, and the prior art (i.e., the prior art cited in the ‘D677 file history and the Samsungidentified references). In my analysis, the Galaxy S 4G design entirely overlaps with the patented
’D677 design, but is far afield from the designs of the prior art I considered. Put another way,
both the ’D677 design and the Galaxy S 4G design depart conspicuously from the prior art
designs in the same key features. This spectrum of designs is illustrated in Exhibit 10, which
compares the Galaxy S 4G against the two Samsung-identified references on the one hand, and
the patented ’D677 design on the other.
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Some minor differences exist between the Galaxy S 4G design and the patented

’D677 design. In particular:

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a.

the Galaxy S 4G has slightly thinner black bands above and
below the display screen;

b.

the Galaxy S 4G has a slightly longer and thinner speaker
slot;

c.

the Galaxy S 4G has a small camera aperture in the upper
right corner of the front surface;

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DECLARATION OF COOPER C. WOODRING IN SUPPORT OF APPLE’S MOTION FOR A PRELIMINARY INJUNCTION
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Case5:11-cv-01846-LHK Document90

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d.
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the Galaxy S 4G uses small graphical icons to denote touch
sensitive areas under its display screen.

These minor differences, however, merely prevent the Galaxy S 4G from being an

exact copy of the patented ’D677 design. They do not carry sufficient weight to alter the overall
impression created by the Galaxy S 4G design, which incorporates every major design element
from the ’D677 design.
21.

In my opinion, the Galaxy S 4G design is substantially the same as the’D677

design and embodies that patented design. It is similarly my opinion that an ordinary observer
purchasing a cellular phone would also find the Galaxy S 4G design to be substantially the same
as the patented ’D677 design.

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22.

D677 against the Infuse 4G

On visual inspection, it is apparent that all of the major design elements from the

patented ’D677 design are also found in the Infuse 4G design. Just as in the patented design, the
Infuse 4G design has:

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a.

a flat, clear, black-colored, rectangular front surface with
four evenly rounded corners;

b.

an inset rectangular display screen centered on the front
surface that leaves very narrow borders on either side of the
display screen and substantial borders above and below the
display screen; and

c.

a rounded, horizontal speaker slot centered on the front
surface above the display screen,

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where the rectangular front surface is otherwise
substantially free of ornamentation outside of an optional
button area centrally located below the display.

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(See Exhibit 11.)

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23.

To confirm my analysis, and to directly compare physical product against physical

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product, I have also included in Exhibit 12 a view-by-view comparison of the Apple iPhone 4,

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which embodies the patented ’D677 design, against the Samsung Infuse 4G. As can be seen from

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Exhibit 12, each major design feature listed in points (a)-(d) above exists in both the Apple

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iPhone 4 and the Samsung Infuse 4G.

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DECLARATION OF COOPER C. WOODRING IN SUPPORT OF APPLE’S MOTION FOR A PRELIMINARY INJUNCTION
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Moreover, I have conducted a “three way” analysis of the Infuse 4G design, the

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’D677 design, and the prior art (i.e., the prior art cited in the ’D677 file history and the Samsung-

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identified references). In my analysis, the Infuse 4G design entirely overlaps with the patented

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’D677 design, but is far afield from the designs of the prior art I considered. Put another way,

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both the ’D677 design and the Infuse 4G design depart conspicuously from the prior art designs

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in the same key features. This spectrum of designs is illustrated in Exhibit 13, which compares

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the Infuse 4G against the Samsung-identified references on the one hand, and the patented ’D677

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design on the other.

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25.

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Some minor differences exist between the Infuse 4G design and the patented

’D677 design. In particular:

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a.

the Infuse 4G has slightly thinner black bands above and
below the display screen;

b.

the Infuse 4G front surface has rounded corners with a
slightly smaller radius of curvature;

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d.

the Infuse 4G has a slightly longer and thinner speaker slot;

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e.

the Infuse 4G uses small graphical icons to denote touchsensitive areas located under its display screen.

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26.

These minor differences, however, merely prevent the Infuse 4G from being an

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exact copy of the patented ’D677 design. They do not carry sufficient weight to alter the overall

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impression created by the Infuse 4G design, which incorporates every major design element from

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the ’D677 design.

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27.

In my opinion, the Infuse 4G design is substantially the same as the’D677 design

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and embodies that patented design. It is similarly my opinion that an ordinary observer

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purchasing a cellular phone would also find the Infuse 4G design to be substantially the same as

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the patented ’D677 design.

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D.

Comparison of ’D087 Design against Samsung Galaxy S 4G and Infuse 4G

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28.

The ’D087 patent is directed to the ornamental appearance of Apple’s iPhone.

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29.

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Before conducting my comparison of the ’D087 patent against the Samsung

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Galaxy S 4G and Infuse 4G products, I reviewed the file history of the ’D087 patent and analyzed

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and became familiar with the prior art cited there, as well as the Samsung-identified references.

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30.

In conducting my analysis, I compared the eight views of the sixth embodiment of

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the ’D087 patent (FIGS. 41-48) (the “patented ’D087 design”) with the corresponding views of

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the Samsung Galaxy S 4G and Infuse 4G phones. In Exhibit 14, each view of the patented ’D087

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design is compared to the corresponding view of the Galaxy S 4G. In Exhibit 17, each view of

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the patented ’D087 design is compared to the corresponding view of the Infuse 4G.

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’D087 design against the Galaxy S 4G

On visual inspection, it is apparent that all of the major design elements from the

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patented ’D087 design are also found in the Galaxy S 4G design. Just as in the patented design,

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the Galaxy S 4G design has:

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a.

a flat rectangular front surface with four evenly rounded
corners;

b.

an inset rectangular display screen centered on the front
surface that leaves very narrow borders on either side of the
display screen and substantial borders above and below the
display screen;

c.

a rounded, horizontal speaker slot centered on the front
surface above the display screen,

d.

where the rectangular front surface is otherwise
substantially free of ornamentation outside of an optional
button area centrally located below the display; and

e.

a thin, continuous bezel surrounding the rectangular front
surface that is substantially uniform in appearance and
having an inwardly sloping profile.

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(See Exhibit 14.)
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To confirm my analysis, and to directly compare physical product against physical

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product, I have also included in Exhibit 15 a view-by-view comparison of the original Apple
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iPhone, which embodies the patented ’D087 design, against the Samsung Galaxy S 4G. As can
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be seen from Exhibit 15, each major design feature listed in points (a)-(e) above exists in both the
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Apple iPhone and the Samsung Galaxy S 4G.
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DECLARATION OF COOPER C. WOODRING IN SUPPORT OF APPLE’S MOTION FOR A PRELIMINARY INJUNCTION
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Filed07/01/11 Page10 of 14

Moreover, I have conducted a “three way” analysis of the Galaxy S 4G design, the

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patented ’D087 design, and the prior art (i.e., the prior art cited in the ’D087 patent file history

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and the Samsung-identified references). In my analysis, the Galaxy S 4G design entirely overlaps

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with the patented ’D087 design, but is far afield from the designs of the prior art I considered.

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Put another way, both the patented ’D087 design and the Galaxy S 4G design depart

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conspicuously from the prior art designs, and do so in the same key features. This spectrum of

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designs is illustrated in Exhibit 16, which compares the Galaxy S 4G against the Samsung-

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identified references on the one hand, and the patented ’D087 design on the other.

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34.

Some minor differences exist between the Galaxy S 4G design and the patented

’D087 design. In particular:

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a.

the Galaxy S 4G has slightly thinner bands above and
below the display screen;

b.

the Galaxy S 4G has a slightly longer and thinner speaker
slot;

c.

the Galaxy S 4G has a small camera aperture in the upper
right corner of the front surface;

d.

the Galaxy S 4G uses small graphical icons to denote touch
sensitive areas under its display screen;

e.

in profile, the bezel of Galaxy S 4G is slightly thinner at the
top edge and slightly thicker at the bottom edge.

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35.

These minor differences, however, merely prevent the Galaxy S 4G from being an

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exact copy of the patented ’D087 design. They do not carry sufficient weight to alter the overall

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impression created by the Galaxy S 4G design, which incorporates every major design element

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from the patented ’D087 design.

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36.

In my opinion, the Galaxy S 4G design is substantially the same as the patented

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’D087 design and embodies that design. It is similarly my opinion that an ordinary observer

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purchasing a cellular phone would also find the Galaxy S 4G design to be substantially the same

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as the patented ’D087 design.

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CASE NO. 11-CV-01846-LHK

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Case5:11-cv-01846-LHK Document90

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37.

Filed07/01/11 Page11 of 14

’D087 design against the Infuse 4G

On visual inspection, it is apparent that all of the major design elements from the

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patented ’D087 design are also found in the Infuse 4G design. Just as in the patented design, the

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Infuse 4G design has:

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a.

a flat rectangular front surface with four evenly rounded
corners;

b.

an inset rectangular display screen centered on the front
surface that leaves very narrow borders on either side of the
display screen and substantial borders above and below the
display screen;

c.

a rounded, horizontal speaker slot centered on the front
surface above the display screen,

d.

where the rectangular front surface is otherwise
substantially free of ornamentation outside of an optional
button area centrally located below the display; and

e.

a thin, continuous bezel surrounding the rectangular front
surface that is substantially uniform in appearance and
having an inwardly sloping profile.

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(See Exhibit 17.)
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38.

To confirm my analysis, and to directly compare physical product against physical

product, I have also included in Exhibit 18 a view-by-view comparison of the original Apple
iPhone, which embodies the patented ’D087 design, against the Samsung Infuse 4G. As can be
seen from Exhibit 18, each major design feature listed in points (a)-(e) above exists in both the
Apple iPhone and the Samsung Infuse 4G.
39.

Moreover, I have conducted a “three way” analysis of the Infuse 4G design, the

patented ’D087 design, and the prior art (i.e., the prior art cited in the ’D087 patent file history
and the Samsung-identified references). In my analysis, the Infuse 4G design entirely overlaps
with the patented ’D087 design, but is far afield from the designs of the prior art that I considered.
Put another way, both the patented ’D087 design and the Infuse 4G design depart conspicuously
from the prior art designs, and do so in the same key features. This spectrum of designs is
illustrated in Exhibit 19, which compares the Infuse 4G against the Samsung-identified references
on the one hand, and the patented ’D087 design on the other.

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DECLARATION OF COOPER C. WOODRING IN SUPPORT OF APPLE’S MOTION FOR A PRELIMINARY INJUNCTION
CASE NO. 11-CV-01846-LHK

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Case5:11-cv-01846-LHK Document90

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40.

Filed07/01/11 Page12 of 14

Some minor differences exist between the Infuse 4G design and the patented

’D087 design. In particular:

3

a.

the Infuse 4G has slightly thinner bands above and below
the display screen;

b.

the Infuse 4G has a slightly thinner bezel when viewed
from the front;

c.

the Infuse 4G has rounded corners with a slightly smaller
radius of curvature;

d.

the Infuse 4G has a slightly longer and thinner speaker slot;

e.

the Infuse 4G uses small graphical icons to denote touchsensitive areas below its display screen.

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41.

These minor differences, however, merely prevent the Infuse 4G from being an

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exact copy of the patented ’D087 design. They do not carry sufficient weight to alter the overall
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impression created by the Infuse 4G design, which incorporates every major design element from
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the patented ’D087 design.
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42.

In my opinion, the Infuse 4G design is substantially the same as the patented

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’D087 design and embodies that patented design. It is similarly my opinion that an ordinary
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observer purchasing a cellular phone would also find the Infuse 4G design to be substantially the
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same as the patented ’D087 design.
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E.

Detailed Comparison of ’D889 Design against Samsung Galaxy Tab 10.1

43.

The ’D889 patent is directed to the ornamental appearance of an electronic device.

44.

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Before conducting my comparison of the ’D889 patent against the Samsung

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Galaxy Tab 10.1 product, I reviewed the file history of the ’D889 patent and analyzed and
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became familiar with the prior art cited there.
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45.

In conducting my analysis, I compared the nine views of the ’D889 patent (FIGS.

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1-9) with the corresponding views of the Samsung Galaxy Tab 10.1. In Exhibit 20, each view of
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the patented ’D889 design is compared to the corresponding view of the Galaxy Tab 10.1.
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DECLARATION OF COOPER C. WOODRING IN SUPPORT OF APPLE’S MOTION FOR A PRELIMINARY INJUNCTION
CASE NO. 11-CV-01846-LHK

11

Case5:11-cv-01846-LHK Document90

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46.

Filed07/01/11 Page13 of 14

On visual inspection, it is apparent that all of the major design elements from the

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patented ’D889 design are also found in the Galaxy Tab 10.1. Just as in the patented design, the

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Galaxy Tab 10.1 design has:

4

a.

an overall rectangular shape with four evenly rounded
corners;

b.

a flat clear surface covering the front of the device that is
without any ornamentation;

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c.

a thin rim surrounding the front surface;

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c.

a substantially flat back panel that rounds up near the edges
to form the thin rim around the front surface; and

d.

a thin form factor.

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6

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47.

I have also conducted a “three way” analysis of the Galaxy Tab 10.1, the ’D889

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design, and the prior art cited in the ’D889 patent file history. In my analysis, the Galaxy Tab

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10.1 design entirely overlaps with the patented ’D889 design, but is far afield from the designs of

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the prior art I considered. Put another way, both the ’D889 design and the Galaxy Tab 10.1

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design depart conspicuously from the prior art designs in the same key features. This spectrum of

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designs is illustrated in Exhibit 21, which compares the Galaxy Tab 10.1 against two of the

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closest prior art references from the ’D889 patent file history on the one hand, and the patented

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’D889 design on the other.

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48.

Some minor differences exist between the Galaxy Tab 10.1 and the patented

’D889 design. In particular:

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a.

the Galaxy Tab 10.1, held in vertical or portrait view, has a
slightly higher height-to-width ratio;

b.

the Galaxy Tab 10.1 is slightly more rounded in its edge
profiles; and

c.

the Galaxy Tab 10.1 has a slightly thinner form factor.

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49.

These minor differences, however, merely prevent the Galaxy Tab 10.1 from being

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exact copy of the patented ’D889 design. They do not carry sufficient weight to alter the overall

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impression created by the Galaxy Tab 10.1 design, which incorporates every major design

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element from the ’D889 design.
DECLARATION OF COOPER C. WOODRING IN SUPPORT OF APPLE’S MOTION FOR A PRELIMINARY INJUNCTION
CASE NO. 11-CV-01846-LHK

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Case5:11-cv-01846-LHK Document90

Filed07/01/11 Page14 of 14

EXHIBIT B
FILED UNDER SEAL

EXHIBIT C
FILED UNDER SEAL

Exhibit D

Exhibit E

Statue of Liberty Design Patent

Design Patent

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