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

Filing 482

MOTION To Permit Samsung's Expert Itay Sherman to Review Design Materials Designated Under the Protective Order filed by Samsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. Responses due by 12/27/2011. Replies due by 1/3/2012. (Attachments: #1 Declaration of Itay Sherman, #2 Declaration of Rachel Herrick Kassabian, #3 Proposed Order)(Maroulis, Victoria) (Filed on 12/12/2011)

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Cal. Bar No. 170151)
 [e-mail]
50 California Street, 22nd Floor
 San Francisco, California 94111
Telephone: [phone]
 Facsimile: [phone]
 Kevin P.B. Johnson (Cal. Bar No. 177129)
[e-mail]
 Victoria F. Maroulis (Cal. Bar No. 202603)
[e-mail]
th
 555 Twin Dolphin Drive 5 Floor
Redwood Shores, California 94065
 Telephone: [phone]
Facsimile: [phone]

Michael T. Zeller (Cal. Bar No. 196417)
 [e-mail]
865 S. Figueroa St., 10th Floor
 Los Angeles, California 90017
Telephone: [phone]
 Facsimile: [phone]
 Attorneys for SAMSUNG ELECTRONICS
CO., LTD., SAMSUNG ELECTRONICS
 AMERICA, INC. and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC



UNITED STATES DISTRICT COURT



NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

 APPLE INC., a California corporation,

CASE NO. 11-cv-01846-LHK



DECLARATION OF ITAY SHERMAN IN
SUPPORT OF SAMSUNG’S MOTION TO
PERMIT SAMSUNG’S EXPERT ITAY
SHERMAN TO REVIEW DESIGN
MATERIALS DESIGNATED UNDER
THE PROTECTIVE ORDER



Plaintiff,
vs.

 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.


Date: December 16, 2011
Time: 10:00 am
Place: Courtroom 5, 4th Floor
Judge: Hon. Paul S. Grewal





02198.51855/4408113.1

Case No. 11-cv-01846-LHK
DECLARATION OF ITAY SHERMAN IN SUPPORT OF SAMSUNG’S MOTION TO PERMIT HIM TO
REVIEW DESIGN MATERIALS DESIGNATED UNDER THE PROTECTIVE ORDER

1

I, Itay Sherman, declare:

2

1.

I am an independent consultant in the areas of communication and cellular handset

3 technology. I have been asked to provide expert testimony on behalf of Samsung Electronics Co.
4 Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, LLC
5 (collectively “Samsung”) in the above-captioned case.
6

2.

I submit this declaration in support of Samsung's Motion to Permit Samsung’s

7 Expert Itay Sherman to Review Design Materials Designated Under The Protective Order.
8

3.

If asked at hearings or trial, I am prepared to testify regarding the matters I discuss

9 in this declaration.
10 I.

PROFESSIONAL BACKGROUND

11

4.

I earned a bachelor degree with honors (B.Sc) in Electrical engineering from Tel

12 Aviv University in 1991, and a master degree with honors (M.Sc) in Bio medical engineering from
13 Tel Aviv University in 1995.
14

5.

I have worked in the telecommunication industry for the last 20 years of which the

15 last 10 years I worked on mobile handset technology and products.
16

6.

Between 2004 and 2007, I was the Chief Technology Officer for Texas Instruments

17 Mobile Connectivity group, which developed key components for mobile handsets. While there,
18 I worked closely with Nokia, Motorola, and Sony Ericsson to define technology solutions that
19 would comply to their handset design constraints.
20

7.

Between 2007 and 2010, I served as the Chief Technology Officer for modu LTD,

21 a handset and accessories manufacturer that pioneered the concept of modular handsets. The
22 modu concept revolved around the idea of a modular phone that has a base unit that can operate as
23 a very small form factor handset, but could also be plugged into consumer electronic devices we
24 termed “jackets” that enhance the capabilities and external design of the handset and enable it to
25 morph.
26

8.

The development of the modu concept required investigation and experimentation

27 with the possible boundaries of handset design electrical circuitry, mechanical design, and
28 industrial design. I led the effort for design of multiple handsets as well as additional consumer
02198.51855/4408113.1

Case No. 11-cv-01846-LHK
DECLARATION OF ITAY SHERMAN IN SUPPORT OF SAMSUNG’S MOTION TO PERMIT HIM TO
REVIEW DESIGN MATERIALS DESIGNATED UNDER THE PROTECTIVE ORDER

-1-

1 devices that the company had been developing. The modu1 handset design was awarded the
2 Guinness Book of Records certificate for the lightest handset in the world. The modu-T handset
3 design was awarded the Guinness Book of Records certificate for the lightest touch phone.
4

9.

Along with supervising the industrial and manufacturing design process, I was

5 responsible for ensuring that the company understood the different technologies and components
6 available for handsets. This required analyzing size and placement limitations, defining the
7 parameters for the achievable dimensions of different designs, and studying competing handsets
8 and understanding their design tradeoffs based on observations and commercially available
9 teardowns.
10

10.

As CTO of modu, I was also responsible for obtaining and maintaining intellectual

11 property registrations, including design patents.
12

11.

I also served as the head of the handset cluster of the IMA (Israeli Mobile

13 Association) and lectured on handset technology and design at public seminars.
14

12.

I am a named inventor on 15 registered patents and more than 60 pending

15 submissions.
16 II.

SCOPE OF TESTIMONY

17

13.

On August 22, 2011, I signed the Declaration of Itay Sherman in Support of

18 Samsung's Opposition to Apple's Motion for a Preliminary Injunction. That document contained
19 my expert opinion about several of Apple's asserted design patents. In particular, I testified about
20 the functionality of numerous aspects of Apple's patented designs. I continue to serve as an
21 expert witness on behalf of Samsung, and I plan to offer further testimony regarding Apple's
22 design patents as the lawsuit progresses.
23

14.

I have not testified as an expert witness about any of Apple's utility patents,

24 including any that related to multi-touch technology. Furthermore, I will not be offering such
25 expert testimony in this case.
26

15.

To date, I have been unable to review confidential documents produced by Apple

27 relevant to its design patents. I understand that Apple has refused to allow me to view
28 confidential documents because I operate DoubleTouch Ltd., a technology company that is
02198.51855/4408113.1

Case No. 11-cv-01846-LHK
DECLARATION OF ITAY SHERMAN IN SUPPORT OF SAMSUNG’S MOTION TO PERMIT HIM TO
REVIEW DESIGN MATERIALS DESIGNATED UNDER THE PROTECTIVE ORDER

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1 working in the field of multi-touch controllers for consumer electronic devices. I understand that,
2 although Apple has asserted a utility patent related to multi-touch technology, the confidential
3 documents I will potentially review are design documents that are unrelated to multi-touch
4 technology.
5 III.

DOUBLETOUCH LTD.

6

16.

I established DoubleTouch in 2010 after inventing a low cost multi-touch

7 technology for resistive touch screens. I am the founder, CEO, and sole board member of
8 DoubleTouch. The company does not currently employ any paid employees. Furthermore, the
9 company currently has no customers.
10

17.

DoubleTouch further developed DoTwo technology. This technology is aimed at

11 providing multi-touch capability to low cost consumer electronic devices that cannot afford to
12 support higher cost solutions, such as capacitive touch screens. The relevant type of devices to
13 which the technology can be incorporated are portable multimedia players (PMPs), digital still
14 cameras (DSCs), and low cost mobile handsets.
15

18.

DoubleTouch has been focusing its efforts on selling the technology to silicon

16 vendors that provide touch controllers to the consumer electronic market. The company may also
17 license the technology to consumer electronic brands in the future.
18

19.

DoubleTouch is not involved in any industrial, mechanical, or aesthetic design of

19 any consumer electronic device. The company does not manufacture consumer electronic
20 products and in no way competes with consumer electronic brands or manufacturers. In
21 particular, DoubleTouch is not in competition with Apple. Instead, DoubleTouch competes with
22 other companies that license multi-touch technology for resistive touch displays, such as Stantum,
23 which licenses Pmatrix multi-touch technology to silicon vendors.
24
25
26
27
28
02198.51855/4408113.1

Case No. 11-cv-01846-LHK
DECLARATION OF ITAY SHERMAN IN SUPPORT OF SAMSUNG’S MOTION TO PERMIT HIM TO
REVIEW DESIGN MATERIALS DESIGNATED UNDER THE PROTECTIVE ORDER

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1


GENERAL ORDER ATTESTATION
I, Victoria Maroulis, am the ECF user whose ID and password are being used to file the

 foregoing document. I hereby attest pursuant to General Order 45.X.B. that concurrence in the
 electronic filing of this document has been obtained from Itay Sherman.



/s/ Victoria Maroulis

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Case No. 11-cv-01846-LHK