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

Filing 313

Memorandum in Support of 306 Samsung's Notice of Lodging of Materials CORRECTION OF DOCKET # 306 , filed by Samsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (Related document(s) 306 ) (Maroulis, Victoria) (Filed on 10/18/2011) Modified text on 10/19/2011 (dhm, COURT STAFF).

Download PDF
1 QUINN EMANUEL URQUHART & SULLIVAN, LLP Charles K. Verhoeven (Cal. Bar No. 170151) 2 charlesverhoeven@quinnemanuel.com 50 California Street, 22nd Floor 3 San Francisco, California 94111 Telephone: (415) 875-6600 4 Facsimile: (415) 875-6700 5 Kevin P.B. Johnson (Cal. Bar No. 177129) kevinjohnson@quinnemanuel.com 6 Victoria F. Maroulis (Cal. Bar No. 202603) victoriamaroulis@quinnemanuel.com 7 555 Twin Dolphin Drive 5th Floor Redwood Shores, California 94065 8 Telephone: (650) 801-5000 Facsimile: (650) 801-5100 9 Michael T. Zeller (Cal. Bar No. 196417) 10 michaelzeller@quinnemanuel.com 865 S. Figueroa St., 10th Floor 11 Los Angeles, California 90017 Telephone: (213) 443-3000 12 Facsimile: (213) 443-3100 13 Attorneys for SAMSUNG ELECTRONICS CO. LTD., SAMSUNG ELECTRONICS 14 AMERICA, INC. and SAMSUNG TELECOMMUNICATIONS AMERICA, LLC 15 16 UNITED STATES DISTRICT COURT 17 NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION 18 APPLE INC., a California corporation, CASE NO. 11-cv-01846-LHK 19 MEMORANDUM IN SUPPORT OF SAMSUNG’S NOTICE OF LODGING OF MATERIALS IN OPPOSITION TO APPLE’S MOTION FOR PRELIMINARY INJUNCTION 20 Plaintiff, vs. 21 SAMSUNG ELECTRONICS CO., LTD., a Korean business entity; SAMSUNG 22 ELECTRONICS AMERICA, INC., a New York corporation; SAMSUNG 23 TELECOMMUNICATIONS AMERICA, LLC, a Delaware limited liability company, 24 Defendants. 25 Date: October 13, 2011 Time: 1:30 pm Place: Courtroom 8, 4th Floor Judge: Hon. Lucy H. Koh 26 27 28 Case No. 11-cv-01846-LHK MEMORANDUM ISO SAMSUNG’S NOTICE OF LODGING OF MATERIALS IN OPPOSITION TO APPLE’S MOTION FOR PRELIMINARY INJUNCTION 1 Pursuant to the Court’s direction on October 13, 2011, Samsung respectfully submits this 2 memorandum regarding its lodging of supplemental materials on Apple’s motion for a preliminary 3 4 injunction. Given the extraordinary remedy Apple seeks and the limited time it allowed Samsung for discovery, these materials should be considered in the interests of justice and judicial economy. 5 6 7 The supporting Declaration of Mark Tung identifies all of Samsung’s lodged materials. Prior Art References. After filing its opposition papers, Samsung located additional prior 8 art that bears on the invalidity of the patents at issue, the appropriate claim construction, and the 9 proper infringement analysis. This additional prior art was produced to Apple before its reply, 10 and Apple either did examine or had the opportunity to question deponents about it. 11 D’889. Excerpts of the deposition of Roger Fidler and related exhibits depict and explain 12 additional prior art, including Mr. Fidler’s 1981 and 1997 prior art tablet designs with flat, smooth, 13 14 translucent surfaces. Apple deposed Mr. Fidler on September 23, 2011 and had the opportunity 15 to question him and inspect all of the tablet prior art Samsung seeks to lodge. Samsung also 16 produced before Apple’s reply the “Bloomberg” prior art, which discloses a transparent and 17 smooth-front “bezel-less electronic display” (see e.g., US 2004/0041504 A1, esp. Fig. 2 [200]) and 18 Apple had the opportunity to question Itay Sherman about this prior art during his deposition. 19 D’677 and D’089. Prior art evidence reflecting a smart phone design with a smooth front 20 (except for a control button) and black front face that placed second in a design competition in 21 22 23 2004 was produced to Apple before Mr. Sherman’s deposition. ‘381. A video and chart describing the Diamond Touch prior art, and two pages of the 24 deposition transcript of Dr. Bedersen, further confirm the invalidity of the ‘381 patent. Samsung 25 located this art very recently and produced the chart to Apple on October 7, 2011. In addition, 26 27 two pages from each of the deposition transcripts of Dr. Balakrishnan and Mr. Woodring reflect that those two Apple’s experts submitted reply declarations reversing their deposition positions 28 Case No. 11-cv-01846-LHK -1MEMORANDUM ISO SAMSUNG’S NOTICE OF LODGING OF MATERIALS IN OPPOSITION TO APPLE’S MOTION FOR PRELIMINARY INJUNCTION 1 concerning the obviousness of prior art and claim constructions. 2 3 4 Indefiniteness of D’889. Two pages each from the deposition transcripts of Christopher Stringer and Tracy-Gene Durkin further evidence the indefiniteness of the D’889 patent. Non-infringement of D’889. Apple does not object to Samsung’s submission of (a) 5 6 7 8 photographs of the actual prototype Apple based the D’889 patent on or (b) the Galaxy Tab 10.1 versions Samsung is currently selling in the U.S., which displays the Samsung logo on the front. Irreparable harm. Samsung’s lodged materials include (1) 10 pages of Mr. Wagner’s 9 testimony that rebut Apple’s mischaracterizations of it; (2) 4 pages of testimony of Justin Denison, 10 Samsung’s 30(b)(6) witness, which clarify that (a) Samsung did not give away Tabs, but that 11 BestBuy initiated, and for one week offered, a discount in connection with the bundled purchase 12 of a high-end television set and Tab and (b) Samsung used the technology accused as infringing 13 14 the ‘381 patent in a smartphone it sold in 2007; and (3) 2 pages of Sissie Twiggs’ testimony 15 rebutting Apple’s belated (and irrelevant) arguments about brand confusion or dilution. 16 Public Interest. Apple’s Statement of Interest before the ITC reflects that Apple’s own 17 conception of the public interest is not as limited as it argued on reply. 18 19 Presentation Materials. The materials presented to the Court during Samsung’s oral argument during the October 13, 2011 hearing were also provided to Apple’s counsel that day. 20 Apple’s Materials. Samsung objects to materials Apple identified earlier today: (i) the 21 22 chart Apple created for this filing to respond to Samsung’s invalidity contentions, but has refused 23 to show Samsung; (ii) Apple’s characterization of additional deposition excerpts as “counter24 designations”; and (iii) Apple’s annotated photographs. Samsung continues to object to Apple’s 25 eve-of-hearing filing to “augment the record” without permission to do so, which included 26 27 documents with numerous translation issues. In contrast, except for the current version of the Galaxy Tab, Samsung’s submissions address the new arguments of Apple’s reply. 28 Case No. 11-cv-01846-LHK -2MEMORANDUM ISO SAMSUNG’S NOTICE OF LODGING OF MATERIALS IN OPPOSITION TO APPLE’S MOTION FOR PRELIMINARY INJUNCTION 1 DATED: October 17, 2011 2 QUINN EMANUEL URQUHART & SULLIVAN, LLP 3 4 5 6 7 8 By /s/ Kevin P.B. Johnson Charles K. Verhoeven Kevin P.B. Johnson Victoria F. Maroulis Michael T. Zeller Attorneys for SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC., and SAMSUNG TELECOMMUNICATIONS AMERICA, LLC 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 11-cv-01846-LHK -3MEMORANDUM ISO SAMSUNG’S NOTICE OF LODGING OF MATERIALS IN OPPOSITION TO APPLE’S MOTION FOR PRELIMINARY INJUNCTION 1 2 General Order Attestation I, Victoria F. Maroulis, am the ECF user whose ID and password are being used to file the 3 4 MEMORANDUM IN SUPPORT OF SAMSUNG’S NOTICE OF LODGING OF 5 MATERIALS IN OPPOSITION TO APPLE’S MOTION FOR PRELIMINARY 6 INJUNCTION 7 8 In compliance with General Order 45, X.B., I hereby attest that Kevin P.B. Johnson has concurred 9 in this filing. 10 U /s/ Victoria Maroulis__ 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 11-cv-01846-LHK -4MEMORANDUM ISO SAMSUNG’S NOTICE OF LODGING OF MATERIALS IN OPPOSITION TO APPLE’S MOTION FOR PRELIMINARY INJUNCTION

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?