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

Filing 35

Declaration of JASON R. BARTLETT in Support of #34 Reply to Opposition/Response PLAINTIFF'S REPLY IN SUPPORT OF ITS MOTION TO EXPEDITE DISCOVERY filed byApple Inc.. (Related document(s) #34 ) (Bartlett, Jason) (Filed on 5/9/2011)

1
2
3
4
5
6
7
8

HAROLD J. MCELHINNY (CA SBN 66781)
[e-mail]
MICHAEL A. JACOBS (CA SBN 111664)
[e-mail]
JENNIFER LEE TAYLOR (CA SBN 161368)
[e-mail]
JASON R. BARTLETT (CA SBN 214530)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522
Attorneys for Plaintiff
APPLE INC.

9
10
11

UNITED STATES DISTRICT COURT

12

NORTHERN DISTRICT OF CALIFORNIA

13

SAN JOSE DIVISION

14
APPLE INC., a California corporation,

Case No.

4:11-cv-01846-LB

15
Plaintiff,
16
v.
17
18
19
20

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,

21

DECLARATION OF JASON R.
BARTLETT IN SUPPORT OF
PLAINTIFF’S REPLY IN
SUPPORT OF ITS MOTION TO
EXPEDITE DISCOVERY
Date: May 12, 2011
Time: 1:30 p.m.
Place: Courtroom 4, 5th Floor
Judge: Hon. Lucy H. Koh

Defendants.

22
23

I, Jason R. Bartlett, do hereby declare as follows:

24

1.

I am a partner at the law firm of Morrison & Foerster LLP, attorneys of record in

25

this action for plaintiff Apple Inc. (“Apple”). I submit this declaration in support of Apple’s

26

Reply in Support of its Motion Expedite Discovery. Unless otherwise indicated, I have personal

27

knowledge of the matters set forth below. If called as a witness I could and would testify

28

competently as follows:
DECLARATION OF JASON R. BARTLETT IN SUPPORT OF PLAINTIFF’S REPLY IN SUPPORT OF ITS MOTION TO
EXPEDITE DISCOVERY
sf-2991885

1

2.

Attached as Exhibit 1 is a true and correct copy of a report titled “Samsung

2

Matches Apple Patent Challenge with Countersuit.” This copy of this report was printed on May

3

4, 2011 from the website of PC World at the following website address:

4

http://www.pcworld.com/article/226003/samsung_matches_apple_patent_challenge_with_c.

5

3.

On April 21, 2011, Samsung Electronics Co., Ltd. and/or its subsidiaries filed two

6

legal actions in Tokyo, Japan for preliminary injunction based on alleged patent infringement.

7

On the same day, Samsung Electronics Co, Ltd. and/or its subsidiaries filed a separate legal

8

action in Seoul, S. Korea alleging patent infringement. Samsung claims to have filed a similar

9

action in Mannheim, Germany. Combined with the action titled Samsung Electronics Co., Ltd.

10

and Samsung Telecommunications America, LLC v. Apple Inc., Case No. 4:11-cv-02079, filed in

11

the Northern District of California on April 27, 2011, Samsung entities have filed at least five

12

separate actions around the world against Apple and its subsidiaries.

13
14

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

15

the forgoing is true and correct and that this Declaration was executed this 9th day of May, 2011,

16

at San Francisco, California.

17
18

_______/s/ Jason R. Bartlett_____

19
20
21
22
23
24
25
26
27
28
DECLARATION OF JASON R. BARTLETT IN SUPPORT OF PLAINTIFF’S REPLY IN SUPPORT OF ITS MOTION TO
EXPEDITE DISCOVERY
sf-2991885

2

Exhibit 1

Samsung Matches Apple Patent Challenge with Countersuit | PCWorld

News

Reviews

How-To's

Downloads

Shop & Compare

Apps

Page 1 of 3

Sign in | Join Us | Newsletters |

Business Center

Magazine
Subscribe & Get a
Bonus CD
Customer Service

Sign in with

or Create a New Account.

Follow us:

PCWorld» Phones
Facebook

572

Twitter

306

Stumbleupon

Share

1K

2 Comments Email Print

Samsung Matches Apple Patent
Challenge with Countersuit
By Ralph Jennings, Macworld-U.K.

TREND MICRO FREE
TRIAL

Feeds & Newsletters

QUIZ: WIRED,
WIRELESS, OR BOTH?

Smart protection
against online
security threats.
Free 30-Day
trial.

How should you
network your
office?
Take the Quiz!

Apr 22, 2011 7:16 am

Samsung Electronics has hit back at Apple with lawsuits in three countries alleging infringement of
patents on smartphone technologies.
Last week Apple sued Samsung for allegedly copying features of Apple's
iPad, iPod Touch, and iPhone in its Galaxy smartphone and Galaxy Tab
tablet PC.
On Thursday, the South Korean electronics giant sued Apple in Seoul
alleging five patent infringements, in Tokyo over two alleged infringements
and in Manheim, Germany, over three.
"Samsung is responding actively to the legal action taken against us in order to protect our intellectual
property and to ensure our continued innovation and growth in the mobile communications business,"
the company said in a statement.
According to Samsung, the lawsuits say Apple infringed on patents concerning reducing data
transmission errors in WCDMA (Wideband CDMA) mobile networks, tethering mobile phones to PCs so
the PC can use the phone's wireless data connection, and reducing power consumption when
transmitting data over HSPA (High Speed Packet Access) networks.
Apple's lawsuit filed on April 15 in the U.S. says Samsung copied external design features on the
iPhone, iPod Touch and iPad. The lawsuit further alleges that Samsung designed application icons for
that come close to icons on Apple's devices.
Samsung last year became the first major consumer electronics maker to release a tablet that
threatened the iPad market dominance. Its series of handsets that run Google's Android mobile OS also
began vying last year with iPhones.
Apple introduced the first iPhone in 2007 and announced the first iPad
more than a year ago. Samsung came out with the Galaxy S in mid-2010
and the first Galaxy Tab late last year.
Market research firm Gartner has forecast that iPad sales will reach 48
million this year, compared to 13.9 million Android tablets, giving Apple's
iOS a 68.7 percent share of the tablet market. Next year, Gartner predicts,
that share will drop to 63.5 percent.

See more like this:samsung,apple,legal issues

572

Twitter

306

Stumbleupon

iPad For Dummies, 2nd Edition

Motorola XOOM For Dummies

Samsung Galaxy Tab For
Dummies

BlackBerry PlayBook For
Dummies

Kindle 3 For Dummies

Lenovo Laptop Deals

Would you recommend this story? YES 8 NO 2
Facebook

NEW TABLET TITLES FROM DUMMIES

Share

1K

0 Comments Email Print

ThinkPad X220

Sponsored Links

Fast and light, with great input ergonomics
and battery life, this powerhouse
ultraportable is best-of-breed.

Remote Access & Support

Buy now direct from Lenovo

Fully Customizable Remote Helpdesk Solution. Get Your Free Trial Today
www.logmeinrescue.com

Remote Control Software
Easily Access Your PC From Any Browser. Free 30 Day Trial!
www.GoToMyPC.com

BlackBerry® Smartphones

Similar Articles:
Samsung Galaxy Tab vs. the iPad:
The Tablet Battle Begins

There Is A BlackBerry For Everyone. Find Your New BlackBerry Today.
BlackBerry.com

Free Download

Meet the Galaxy Tab

LogMeIn - Really 100% Free & Easy Access To PCs & Macs From Anywhere
www.LogMeIn.com

http://www.pcworld.com/article/226003/samsung_matches_apple_patent_challenge_with_c... 5/4/2011

Samsung Matches Apple Patent Challenge with Countersuit | PCWorld

Page 2 of 3

Samsung Reportedly Sells 600,000
Galaxy Tabs

Comments
Leave a comment

Submit Comment
Samsung Not Rethinking Features
for Its Galaxy Tab 10.1 Tablet

Once you click submit you will be asked to sign in or register
an account if you are not already a member.

Samsung Galaxy Tab vs. the iPad:
Compare For Yourself

zeth006 says:
Samsung Droid Charge: Verizon 4G
Phone is Fast, Frustrating

Fri Apr 22 12:02:34 PDT 2011
For the love of God, America needs to step in and clean up this patent infringement madness!
REPLY

Best Prices on Cell Phones
Toulinwoek says:

Most Popular

Fri Apr 22 15:21:07 PDT 2011

All Categories

Galaxy S 4G Black Smartphone - TMobile

I agree! This has gone far beyond the bounds of reason!

$139.53 and up See All Prices

REPLY

iPhone 4 32GB Black Smartphone AT&T

Today's Special Offers

$736.00 and up See All Prices

Develop custom business solutions on iPhone and iPad?

Protect your PC with ESET Smart Security

Filemaker offers the fastest way to develop and deploy
custom business solutions on the iPhone & iPad.

ESET Smart Security is the best defense against viruses,
spam, & other threats. Get a free trial now!

Scan anything, anywhere!

Save $30 instantly and create the PC you want from
Newegg.com.

Hi-speed color scanner. Battery powered. 512MB internal
memory. Expandable with SD card or USB flash
Special Offer from Bitdefender

Save $30 instantly and create the PC you want using this
top-of-the-line AMD processor and graphics card at
Newegg.com

Try any of our award winning antivirus solutions and get a
second year of protection FREE!

Multimedia powerhouse on the go Save $$$ and
Customize your Ideapad Y Series laptop

ESET Smart Security is the best defense against viruses,
spam, & other threats. Get a free trial now!

Systems designed specifically for your Small Business in
Mind.

Best of audio conferencing, video conferencing and social
networking.

Durable Small Business Laptops

Simplify storage with the power of convergence.

Save $$$ on Lenovo's and Customize your ThinkPad T
Series

HP StorageWorks D2D2500 Backup System with Intel?
Xeon? 5500 series

Simplify storage with the power of convergence.

iPhone 4 16GB Black Smartphone AT&T

Dell Vostro for Small Business

iMeet - Free Trial

$19.00 and up See All Prices

Lenovo Ideapad Laptops

Protect your PC with ESET Smart Security

iPhone 3GS Black Smartphone AT&T

HP StorageWorks D2D2500 Backup System with Intel?
Xeon? 5500 series
Save $30 instantly and create the PC you want from
Newegg.com.

$199.00 and up See All Prices

See all Best Prices on Cell Phones
See also: VOIP Phones, Headsets, Best Prices on
PDAs

Daily Technology Newsletter
Get great stories from PCWorld like this one
delivered in your inbox for free!
Enter e-mail

Go

See All Newsletters »

Save $30 instantly and create the PC you want using this
top-of-the-line AMD processor and graphics card at
Newegg.com
iMeet - Free Trial

Best of audio conferencing, video conferencing and social
networking.
Dell Vostro for Small Business

Systems designed specifically for your Small Business in
Mind.
Experience the MAINGEAR Difference

Discover the MAINGEAR SHIFT with Super Stock options,
overclocked, liquid cooled and specially painted just for
you.
Special Offer from Bitdefender

Try any of our award winning antivirus solutions and get a
second year of protection FREE!
Protect your PC with ESET Smart Security

ESET Smart Security is the best defense against viruses,
spam, & other threats. Get a free trial now!

Editors' Picks

New iPhone Isn't
Expected in June or July

Quiz: Who Said It--Cult
Member or Fanboy?

http://www.pcworld.com/article/226003/samsung_matches_apple_patent_challenge_with_c... 5/4/2011

Samsung Matches Apple Patent Challenge with Countersuit | PCWorld

Apple iOS 4.3.3 is Out;
Location-Tracking

My PC Doesn't
Recognize My Android

Page 3 of 3

Microsoft Releases First
Windows Phone

Android, Apple,
BlackBerry: Are They

Home

Products
Android App Reviews
iPhone App Reviews
Business Center
Cameras
Camcorders
Cell Phones & PDAs
Consumer Advice

Desktop PCs
E-Readers
Gadgets
Gaming
HDTV
Home Theater

Laptops
Macs & iPods
Monitors
Printers
Software
Spyware & Security

Storage
Tablets
Tech Industry
Tech Events
Upgrading
Windows 7

Network Sites

About PCWorld

Resources

PCWorld Business Center
Search for Tech Jobs
Careers at IDG
Macworld
MacUser
Mac OS X Hints
iPhone Central

About Us

Newsletters
FAQ
Contact Us
RSS Feeds
Magazine Customer Service
Community Standards

Visit other IDG sites:

Ad Choices
Advertise
PCWorld Content Works
Terms of Service Agreement
Privacy Policy
Site Map

Name

City

Address 1

State

Address 2

E-mail (optional)

Zip

Select One

© 1998-2011, PCWorld Communications, Inc.
Canadian Residents | Foreign Residents | Gift Subscriptions
Customer Service | Privacy Policy

http://www.pcworld.com/article/226003/samsung_matches_apple_patent_challenge_with_c... 5/4/2011