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

Filing 387

Declaration of Melissa Chan in Support of #258 Opposition/Response to Motion, filed bySamsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 10, #10 Exhibit 11, #11 Exhibit 12, #12 Exhibit 13, #13 Exhibit 14, #14 Exhibit 15, #15 Exhibit 16, #16 Exhibit 17, #17 Exhibit 18, #18 Exhibit 19, #19 Exhibit 20, #20 Exhibit 21, #21 Exhibit 22)(Related document(s) #258 ) (Maroulis, Victoria) (Filed on 11/9/2011)

EXHIBIT 5

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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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Attorneys for Plaintiff
APPLE INC.

WILLIAM F. LEE (pro hac vice anticipated)
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, Massachusetts 02109
Telephone: [phone]
Facsimile: [phone]
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]

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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.

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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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Case No. 11-cv-01846-LHK
APPLE INC.’S NOTICE OF RULE
30(B)(6) DEPOSITION OF
SAMSUNG ELECTRONICS CO.,
LTD. RELATING TO APPLE’S
MOTION FOR A PRELIMINARY
INJUNCTION

Defendants.

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APPLE INC.’S NOT. OF RULE 30(B)(6) DEPOSITION OF SAMSUNG ELECTRONICS CO., LTD.
CASE NO. 11-CV-01846-LHK
sf-3038617

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TO ALL PARTIES and THEIR ATTORNEYS OF RECORD:

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PLEASE TAKE NOTICE that, pursuant to Federal Rule of Civil Procedure 30(b)(6),

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Plaintiff Apple Inc., by and through its attorneys, will take the deposition upon oral examination

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of Defendant Samsung Electronics Co., Ltd. (“SEC”). The deposition will commence on a

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mutually agreeable date at the offices of Morrison & Foerster LLP, 425 Market Street, San

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Francisco, California, 94025. The deposition will be taken before a notary public or other

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authorized officer and will continue from day to day until completed. Pursuant to Federal Rule of

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Civil Procedure 30(b)(6), SEC shall designate one or more officers, directors, managing agents,

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or other persons who consent to testify on its behalf and who are most knowledgeable and

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competent to testify concerning each of the subjects set forth in Exhibit A hereto.
PLEASE TAKE FURTHER NOTICE that, pursuant to Federal Rule of Civil Procedure
30(b)(3), the deposition will be videotaped and recorded stenographically.

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Dated: August 26, 2011

MORRISON & FOERSTER LLP

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By:

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/s/ Richard S.J. Hung
RICHARD S.J. HUNG
Attorneys for Plaintiff
APPLE INC.

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APPLE INC.’S NOT. OF RULE 30(B)(6) DEPOSITION OF SAMSUNG ELECTRONICS CO., LTD.
CASE NO. 11-CV-01846-LHK
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EXHIBIT A

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DEFINITIONS
1.

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“You,” “your,” and/or “Samsung” mean Defendants Samsung Electronics Co.,

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Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, LLC all

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predecessors, successors, predecessors-in-interest, successors-in-interest, subsidiaries, divisions,

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parents, and/or affiliates, past or present, any companies that have a controlling interest in

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Defendants, and any current or former employee, officer, director, principal, agent, consultant,

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sales representative, or attorney thereof.

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2.

“Apple” means Apple Inc.

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3.

“Products at Issue” means the Samsung Galaxy S 4G, Infuse 4G, Droid Charge,

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and Galaxy Tab 10.1, as released anywhere in the world.
4.

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“Hardware Design” means a device’s casing, screen and screen borders, bezel or

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band, buttons, ports, speaker, and speaker slots, and all hardware, insignia, or ornamentation

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thereon.
5.

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D504,889, and U.S. Patent No. 7,469,381.
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“Patents at Issue” means U.S. Design Patent Nos. D618,677, D593,087, and

“Opposition” means your Opposition to Apple’s Motion for a Preliminary

Injunction and all supporting declarations and exhibits.
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“Document(s)” has the broadest possible meaning permitted by Federal Rules of

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Civil Procedure Rules 26 and 34 and the relevant case law. “Document(s)” also includes all

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drafts or non-final versions, alterations, modifications, and amendments to any of the foregoing.
8.

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“Relating” means regarding, referring to, concerning, mentioning, reflecting,

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pertaining to, evidencing, involving, describing, discussing, commenting on, embodying,

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responding to, supporting, contradicting, containing or constituting (in whole or in part), as the

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context makes appropriate.
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The use of a verb in any tense shall be construed as the use of the verb in all other

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The use of the singular form of any word includes the plural and vice versa.

tenses.

APPLE INC’S NOT. OF RULE 30(B)(6) DEPOSITION OF SAMSUNG ELECTRONICS CO., LTD.
CASE NO. 11-CV-01846-LHK
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“And” and “or” shall be construed conjunctively and disjunctively to acquire the broadest

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meaning possible.

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TOPICS
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Samsung’s imitation, copying, or emulation of any Apple product in developing,

creating, or designing any of the Products at Issue.

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2.

The development and/or design of the Hardware Design of the Products at Issue.

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3.

The identity of the individuals involved in the development and/or design of the

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Hardware Design of the Products at Issue and the roles and responsibilities of each.
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The identity of the individuals involved in marketing the Products at Issue and the

roles and responsibilities of each.
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The development and/or design of features in the Products at Issue relating to (1)

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the functionality that allows for a list to be scrolled beyond its terminus or a document to be

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translated beyond its edge until the list or document is partially displayed; and (2) functionality

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that allows for a list that is scrolled beyond its terminus to scroll back or bounce back into place

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or for a document that is translated beyond its edge to translate back or bounce back so that the

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list or document returns to fill the screen.

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Aesthetic, functional, and cost considerations that affected, constrained, or altered

the Hardware Design of the Galaxy S 4G, Infuse 4G, and Galaxy Tab 10.1.
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Alternative Hardware Designs considered by Samsung during the development of

the Galaxy S 4G, Infuse 4G, and Galaxy Tab 10.1.
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Alternative user interfaces considered by Samsung during the development of the

Galaxy S 4G, Infuse 4G, Droid Charge, and Galaxy Tab 10.1.

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9.

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Products at Issue.

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10.

Your awareness of any of the Patents at Issue.

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11.

Your analysis, review, consideration, or copying of, or comparison against, any

Any reference to or consideration of an Apple product during the design of the

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Apple product or product feature with respect to any features of the Products at Issue, including

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(1) their Hardware Design; (2) the functionality that allows for a list to be scrolled beyond its
APPLE INC’S NOT. OF RULE 30(B)(6) DEPOSITION OF SAMSUNG ELECTRONICS CO., LTD.
CASE NO. 11-CV-01846-LHK
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terminus or a document to be translated beyond its edge until the list or document is partially

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displayed; and (3) functionality that allows for a list that is scrolled beyond its terminus to scroll

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back or bounce back into place or for a document that is translated beyond its edge to translate

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back or bounce back so that the list or document returns to fill the screen.

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Your communications with Apple relating to the Patents at Issue.

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Your communications with Apple relating to the Products at Issue.

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Any customer surveys, market studies, market analyses, or other investigations

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conducted by Samsung or on behalf of Samsung relating to the Products at Issue.

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Any reference to Apple or Apple products in advertising of the Products at Issue.

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Your identification or analysis of the market or markets to which Samsung

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intends to sell the Products at Issue.

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Samsung’s smartphones and tablet computer market share.

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Any instances of consumer confusion in which Samsung was made aware that a

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person confused an Apple product for a Product at Issue, or a Product at Issue for an Apple

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product.

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Marketing and promotion of the Products at Issue.

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APPLE INC’S NOT. OF RULE 30(B)(6) DEPOSITION OF SAMSUNG ELECTRONICS CO., LTD.
CASE NO. 11-CV-01846-LHK
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