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

Filing 425

Declaration of Tony Blevins in Support of #424 Reply to Opposition/Response Declaration of Tony Blevins in Support of Apple's Motion for a Preliminary Injunction filed byApple Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Related document(s) #424 ) (Bartlett, Jason) (Filed on 11/28/2011)

1
2
3
4
5
6

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]

7
8
9

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.

10
11

UNITED STATES DISTRICT COURT
12
NORTHERN DISTRICT OF CALIFORNIA
13
SAN JOSE DIVISION
14
15

APPLE INC., a California corporation,

17
18
19
20
21

DECLARATION OF TONY BLEVINS IN
SUPPORT OF APPLE’S MOTION FOR A
PRELIMINARY INJUNCTION

Plaintiff,

16

Case No. 11-cv-01846-LHK

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,

Date: October 13, 2011
Time: 1:30 p.m.
Courtroom: 8, 4th Floor
Honorable Lucy H. Koh

Defendants.

22
23
24

PUBLIC REDACTED VERSION

25
26
27
28
REPLY DECL. OF T. BLEVINS IN SUPPORT OF APPLE’S MOTION FOR A PRELIMINARY INJUNCTION
CASE NO. 11-CV-01846-LHK

1

1
2

I, TONY BLEVINS, declare as follows:
1.

I am Senior Director of Operations at Apple Inc. (“Apple”). My duties include

3

managing supply chain issues and dealing with suppliers. I submit this declaration in support of

4

Apple’s Reply in Support of Apple’s Motion for a Preliminary Injunction in order to address

5

certain issues raised by Samsung in its Opposition to Apple’s Motion for a Preliminary

6

Injunction. Unless otherwise indicated, I have personal knowledge of the matters set forth below.

7

If called as a witness, I could and would testify competently as follows.

8
9
10

2.

I understand that Samsung has alleged that Apple lacks the capacity to meet

demand for Apple’s iPhone and iPad products. This is incorrect.
3.

As of the date of this declaration, Apple has no backlog in orders for the iPhone 4

11

and has all versions in stock, available for shipment. Attached as Exhibit A are true and correct

12

copies of screenshots from Apple’s website at http://store.apple.com/us/browse/home/

13

shop_iphone/family/iphone/iphone4?mco=MjU1NTYxNjI as of September 30, 2011. As seen in

14

Exhibit A, all color and size combinations of the iPhone 4 are in stock.

15

4.

As of the date of this declaration, Apple has no backlog in orders for the iPad 2

16

and has all versions in stock, available for shipment. Attached as Exhibit B are true and correct

17

copies of screenshots from Apple’s website at http://store.apple.com/us/browse/home/

18

shop_ipad/family/ipad/select as of September 30, 2011. As seen in Exhibit B, all color and model

19

combinations of the iPad 2 are in stock.

20

5.

When the iPhone 4 and iPad 2 were first released, the extraordinarily high level of

21

demand for these new products resulted in a backlog of orders, but this was a temporary issue that

22

was promptly resolved. For example, when the iPhone 4 was released in June 2010, the

23

extremely high level of demand resulted in a temporary backlog of orders, but this was resolved

24

by November 2010. By October 2010, the waiting period from order to shipment had decreased

25

to about a week, and by November 2010, Apple had caught up with demand. Throughout this

26

period, Apple continued to receive a large number of orders from customers who were willing to

27

wait for the products to be shipped, and Apple shipped the iPhone 4 to customers as soon as it

28
REPLY DECL. OF T. BLEVINS IN SUPPORT OF APPLE’S MOTION FOR A PRELIMINARY INJUNCTION
CASE NO. 11-CV-01846-LHK

2

1

became available. Since November 2010, Apple has generally shipped orders for the iPhone 4

2

shortly after they were placed.

3

6.

Similarly, when the iPad 2 was first released in early March 2011, the tremendous

4

demand resulted in a temporary backlog, but this was promptly resolved. By the end of April

5

2011, the time from order to shipment was about one to two weeks, instead of three to four weeks

6

at the end of March. By late July 2011, Apple had caught up with demand, resulting in shipment

7

within a few days of order placement. Throughout this period, demand for the iPad 2 remained

8

extremely high. As with the iPhone 4, customers continued to place orders for the iPad 2, and

9

Apple shipped the iPad 2 as soon as it was available. Since July 2011, Apple has generally

10
11

shipped orders for the iPad 2 shortly after they were placed.
7.

In sum, Apple has sufficient manufacturing capacity to meet demand for its iPhone

12

and iPad products from customers, including the demand from customers who might be

13

considering competing products such as Samsung’s Infuse 4G, Galaxy S 4G, and Droid Charge

14

smartphones, or Samsung’s Galaxy Tab 10.1 tablet computer. Apple currently has sufficient

15

supply capability to rapidly fulfill additional demand for the iPhone 4 and iPad 2 if demand were

16

to increase, for example due to a preliminary injunction issued against Samsung.

17
18

I declare under penalty of perjury that the foregoing is true and correct, and that this
declaration was executed on September 30, 2011, at Cupertino, California.

19
20
21

_______________________
Tony Blevins

22
23
24
25
26
27
28
REPLY DECL. OF T. BLEVINS IN SUPPORT OF APPLE’S MOTION FOR A PRELIMINARY INJUNCTION
CASE NO. 11-CV-01846-LHK

3