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

Filing 502

Administrative Motion to File Under Seal filed by Apple Inc.. (Attachments: #1 Declaration, #2 Proposed Order, #3 Exhibit Apple's Opposition to Samsung's Motion to Compel, #4 Mazza Decl ISO Apple's Opposition to Samsung's Motion to Compel, #5 Ex. 1 to Mazza Decl ISO Apple's Opposition to Samsung's Motion to Compel, #6 Ex. 2 to Mazza Decl ISO Apple's Opposition to Samsung's Motion to Compel, #7 Proposed Order Denying Samsung's Motion to Compel, #8 Apple's Opposition to Samsung's Motion to Permit Samsung's Expert Itay Sherman to Review Design Materials Designated Under the Protective Order, #9 Kim Declaration ISO Apple's Opposition to Samsung's Motion to Permit Samsung's Expert Itay Sherman to Review Design Materials Designated Under the Protective Order, #10 Ex. 1 to the Kim Declaration, #11 Ex. 2 to the Kim Declaration, #12 Ex. 3 to the Kim Declaration, #13 Ex. 4 to the Kim Declaration, #14 Ex. 5 to the Kim Declaration, #15 Ex. 6 to the Kim Declaration, #16 Ex. 7 to the Kim Declaration, #17 Ex. 8 to the Kim Declaration, #18 Ex. 9 to the Kim Declaration, #19 Proposed Order Denying Samsung's Motion to Permit Samsung's Expert Itay Sherman to Review Design Materials Designated Under the Protective Order)(Hung, Richard) (Filed on 12/15/2011)

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Exhibit 1 IW 730675 18 / m-I 1 )WH MlW EESEDBRESgsgSJ MHkWB MRg UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Ofñce July 28, 2011 THIS IS TO CER11r x THAT ANNEXED IS A TRUE COPY FROM THE RECORDS OF THIS OFFICE OF THE FILE WR APPER AND CONTENTS OF: APPLICATION NUMBER: 29/201,636 FILING DATE: March 17, 2004 PATENT NUMBER: DSO4,889 ISSUE DATE: May 10, 2005 By Authority of the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office M. K. ARTER Certifying Officer APLNDC00032357 DESIGN PATENT IN THE UNITED STATES PATENT AND TRADEMARK OFFICE Be It Known That We Bartley K. Andre Daniel J. Coster Daniele De Iuliis Richard P. Howarth Jonathan P. Ive Steve Jobs Duncan Robert Kerr Shin Nishibori Matthew Dean Rohrbach Douglas B. Satzger Calvin Q. Seid Christopher J. Stringer Eugene Anthony Whang Rico Zorkendorfer have invented a new, original, and ornamental design for an ELECTRONIC DEVICE of which the following is a specification, reference being made to the accompanying drawings forming a part thereof. APL1D297 Page 1 APLNDC00032358 DESCRIPTION OF THE DRAWINGS 5 FIG. lA is a top perspective view of an electronic device in accordance with the present design. The electronic device may correspond to a computing device such as a personal computer pad or tablet that incorporates a processor and monitor into a single housing. The monitor, which includes a display, may also include a touch screen. The electronic device may also correspond to an input/output device such as a display device or 10 touch pad or screen. The display device and touch screen may be integrated together. The input/output device may be coupled to a computing device. FIG. 1B is a bottom perspective view of an electronic device in accordance with the present design. FIG. 2 is a top view of the electronic device shown in FIG. l. 15 FIG. 3 is a bottom view of the electronic device shown in FIG. 1. FIG. 4 is a left side view of the electronic device shown in FIG. 1. FIG. 5 is a right side view of the electronic device shown in FIG. 1. FIG. 6 is an upper side view of the electronic device shown in FIG. 1. FIG. 7 is a lower side view of the electronic device shown in FIG. 1. 20 FIG. 8 is an exemplary diagram of the electronic device shown in FIG. 1 being used by a user. Attached hereto is an appendix showing various photographs of an electronic device in accordance with one embodiment. 25 APL1D297 Page 2 APLNDC00032359 IN THE Un11ED STATES PATENT AND TRADEMARK OFFICE reby certify that this paper and the documents and/or fees referred to as attached therein are being deposited with the United States Postal Service arch 17, 2004 in an envelope as "Express Mail Post Office to ressee" service under 37 CFR §1.10, Mailing Label Number 3398660708, addressed to the Commissioner for Patents, Mail Stop ign P.O. Box 1450 Al andria, VA 22313-1450. O Attorney Docket No.: APLlD297 First Named Inventor: Andre TRANSMITTAL OF A DESIGN PATENT APPLICATION (37 CFR §1.53) Mail Stop Design Commissioner of Patents P.O. Box 1450 Alexandria, VA 22313-1450 Sir: Transmitted herewith for filing is the design patent application entitled: ELECTRONIC DEVICE . by inventor(s): Bartley K. Andre, Daniel J. Coster, Daniele De Iuliis, Richard P. Howarth, Jonathan P. Ive, Steve Jobs, Duncan Robert Kerr, Shin Nishibori, Matthew Dean Rohrbach, Douglas B. Satzger, Calvin Q. Seid, Christopher J. Stringer, Eugene Anthony Whang and Rico Zörkendörfer Enclosed are: A Specification totaling 3 pages. Formal drawings, totaling 4 pages. Appendix totaling 15 pages. (2) Combined Declaration and Power of Attorney. Associate Power of Attorney. Foreign Language Declaration and Power of Attorney. A certified copy of priority application: Assignment(s) together with the Assignment Cover Sheet. Applicant is entitled to Small Entity Status under 37 C.F.R. §1.27. Our Check No. 21870 in the amount of $380.00 is enclosed to cover the $340.00 filing fee and the $40.00 Assignment Recordation Fee. The Commissioner is hereby authorized to charge any additional fees which may be required, or credit any overpayment to Deposit Account No. 50-0388 (Order No. APLlD297). APLNDC00032360 Corresoondence address: Please send correspondence to the following address: Customer Number 022434 Respectfully submitted, BEYER WEAVER & THOMAS, LLP Quin C. Hoellwarth Registration No. 45,738 P.O. Box 778 Berkeley, CA 94704-0778 (650) 961-8300 APLNDC00032361 CLAIM We claim the o ental design for an ELECTRONIC DEVICE substantially as shown and described. 5 APLlD297 Page 3 APLNDC00032362 FIG. 1A FIG. 1B APLNDC00032363 FIG.2 FIG.3 APLNDC00032364 FIG. 4 FIG. 5 FIG. 6 FIG. 7 APLNDC00032365 FIG. 8 APLNDC00032366 PATENT IN TIIE UNITED STATES PATENT AND T A DEMARK OFFICE In re application of: Andre et al. Attorney Docket No.: APL1D297 Application No.: Unassigned Examiner: Unassigned Filed: Herewith Group: Herewith Title: ELECTRONIC DEVICE ASSOCIATE POWER OF ATTORNEY Commissioner for Patents Washington, DC 20231 Sir: The undersigned attorney of record in the subject patent application hereby grants an Associate Power of Attorney to add: Richard J. Lutton, Jr. Reg. No. 39,756 Mark Aaker Reg. No. 32,667 Richard Liu Reg. No. 34,377 Helene Plotka Workman Reg. No. 35,981 Edward W.Scott, IV Reg. No. 36,000 Brian Way Reg. No. 47,171 to prosecute this application and to transact all business in the U. S. Patent and Trademark Office connected therewith. Respectfully submitted, BEYER WEAVER & THOMAS, LLP Quin C. Hoellwarth Reg. No. 45,738 APLNDC00032367 DECLARATION AND POWER OF ATTORNEY FOR ORIGINAL U.S. DESIGN PATENT APPLICATION Attorney's Docket No. APL1D297/P3246 As a below-named inventor, I hereby declare that: My residence, post office address and citizenship are as stated below next to my name. I believe that I am the original, first and sole inventor (if only one name is listed below) or an original, first and joint inventor (if plural names are listed below) of the subject matter which is claimed and for which a patent is sought on the design entitled: ELou KONIC DEVICE, the specification of which, (check one) 1. is attached hereto. 2. was filed on U.S. Application Serial No. and was amended on as I hereby state that I have reviewed and understand the contents of the above-identified specification, including the claims, as amended by any amendment referred to above. I acknowledge the duty to disclose information which is material to the examination of this application in accordance with Title 37, CFR §1.56. I hereby claim foreign priority benefits under Title 35, United States code, § 119 of any foreign application(s) for patent or inventor's certificate listed below and have also identified below any foreign application for patent or inventor's certificate having a filing date before that of the application on which priority is claimed: Prior Foreign Application(s) Priority Benefits Claimed? Yes (Country) No (Date Filed- Day/Month/Year) (Appl. No.) No Yes (Country) No Yes (Appl. No.) (Date Filed- Day/Month/Year) (Appl. No.) (Country) (Date Filed- Day/Month/Year) I hereby claim the benefit under Title 35, United Sates Code, § 120 of any United States application(s) listed below and, insofar as the subject matter of each of the claims of this applications is not disclosed in the prior United States application in the manner provided by the first paragraph of Title 35, United States Code, § 112, I acknowledge the duty to disclose material information as defined in Title 37, Code of Federal Regulations, § 1.56 which occurred between the filing date of the prior application and the national or PCT international filing date of this application: Prior U.S. Application(s) (Application Serial No.) (Filing Date) (Status - patented, pending, abandoned) (Application Serial No.) (Filing Date) (Status - patented, pending, abandoned) APLlD297/P3246 Page 1 of4 APLNDC00032368 Power of Attorney And I hereby appoint the law firm of Beyer Weaver & Thomas, LLP and all practitioners who are associated with the Customer Number 022434 as my principal attorneys to prosecute this application and to transact all business in the Patent and Trademark Office connected therewith. Direct Correspondence To: Customer Number: 022434 BEYER WEAVER & THOMAS, LLP P.O. BOX 778 BERKELEY, CA 94704-0778 Direct Telephone Calls To: Quin C. Hoellwarth at telephone number (650) 961-8300 I hereby declare that all statements made herein of my own knowledge are true and that all statements made on information and belief are believed to be true; and further that these statements were made with the knowledge that willful false statements and the like so made are punishable by fine or imprisonment, or both, under section 1001 of Title 18 of the United States Code, and that such willful false statements may jeopardize the validity of the application or any patent issuing thereon. Typewritten Full Name of Sole or First Inventor: Bart K ANDÉE Citizenship: Inventor's signature: / IISA Date of Signature: Residence: (City) Menlo P (State/Country) Post Office Address: 655 Fourteenth Avenne Menin Park CA 940?¾ Full Name of Second Joint Inventor: Daniel JC STER Citizenship: Inventor's signature: CA/IISA Nv 7ealand Date of Signature: Residence:(City) San Francisco Post Office Address: 471 loth Street San Francisen Full Name of Third Joint Inventor: Daggle (State/Country) IIIILS Inventor's signature: CA/JUSA A 941Û3 Citizenship: Italv Date of Signature: Iv- - vv Residence: (City) San Francisco Post Office Address: 50 Dichv Street. San Francisco CA 94131 APL1D297/P3246 (State/Country) CA/USA. Page 2 of 4 APLNDC00032369 Full Name of Fourth Joint Inventor: Ri atd P. HOWARTH Inventor's signature: Residence: (City. Citizenship: Great Britain Date of Signature: Man Francisen (State/Country) Post Office Address: 3928 17th Street. San Francisco. CA 94114 Full Name of Fifth Joint Inventor: Jonathan P. IVE CAn isA Inventor's signature: . Citizenship: Date of Signature: Residence: (City) San Francisco Post Office Address: Full Name of Sixth Joint Inventor: Steve JORS 1 I L o 196 Twin Peaks Ronievar<i San Francisco CA 94114 Citizenship: Inventor's signature: Palo Alte State/Country) Shin NISHIBORI Inventor's signature: San Francis.go DuncanRobeLKERR Inventor's signature: Post Office Address: Citizenship: Jakan (State/Country) CA/I ISA Citizenship: GreatBritain 248 Amber Dr.. San Francisco. CA 94131 Full Name of Eighth Joint Inventor: (City) CAn IRA Date of Signature: of ( 270 Ÿ Residence: (City) Residence: IISA 2101 Waverlev Street. Palo Alto CA 94301 Full Name of Seventh Joint Inventor: Post Office Address: CA/I ISA Date of Signature: Residence: (City) Post Office Address: (State/Country) Great Britain Date of Signature: San Francisco (State/Country) CA/IISA 2600 186 Street. #15 San Francisco CA 94110 Full Name of Ninth Joint Inventor: Matthew Dean ROHRRACH Inventor's signature. Citizenship: IISA Date of Signature: 'de 11 (State/Country) _CA/USA Residence: (City) San Franciso Post Office Address: 1677 16* Avenue, San Franç\sgo, CA 94122 APL1D297/P3246 Page 3 of4 APLNDC00032370 Full Name of Tenth Joint Inventor: JN~f SATT(lER Inventor's signature: Residence: (City) Post Office Address: A PL l D297/P3246 Citizenship: Date of Signature: _ento P rk (State/Country) I N^ 6 • CA/IISA 225 Ar4n FeatMento ParkCA 94025 Page 4 of 4 APLNDC00032371 Full Name of Eleventh Joint Inventor: Calvin n SEtn Citizenship: Inventor's signatur Date of Signature: Residence: (City) Palo Alto Post Office Address: IISA (State/Country) CA/USA 1043 High Street, Palo Alto, CA 9430] Full Name of Twelfth Joint Inventor: Clyistäher .]. STRINGER Citizenship: Amtralia Inventor's signature: Date of Signature: Residence: (City) Post Office Address: Porto Nalley (State/Country) 'Î © CA/IISA 320 Cervantes Road Porto a ValleX-CA 94028 Full Name of Thirteenth Joint Inventor: Euane Anthony WHANG Citizenship: Inventor's signature: Date of Signature: Residence: (City) Post Office Address: San Frangisco (State/Country) . Citizenship: Inventor's signature: (City) Post Office Address: APLlD297/P3246 CA/I ISA #1-400 Dolores. San Francisco. CA 94114 Full Name of Fourteenth Joint Inventor: Rico ZORKENLORFE Residence: Canasta Date of Signature: San Frangingo NJ (State/Country) nerman o CA USA 327 Lombard Street. San Francisco. CA 94133 Page 5 of4 APLNDC00032372 DECLAR ION AND POWER OF ATT EY FOR ORIGINAL U.S. DESIGN PATENT APPLICATION Attorney's Docket No. APL1D297/P3246 As a below-named inventor, I hereby declare that: My residence, post office address and citizenship are as stated below next to my name. I believe that I am the original, first and sole inventor (if only one name is listed below) or an original, first and joint inventor (if plural names are listed below) of the subject matter which is claimed and for which a patent is sought on the design entitled: ELECTRONIC DEVICE, the specification of which, (check one) 1. is attached hereto. 2. was filed on U.S. Application Serial No. and was amended on as I hereby state that I have reviewed and understand the contents of the above-identified specification, including the claims, as amended by any amendment referred to above. I acknowledge the duty to disclose information which is material to the examination of this application in accordance with Title 37, CFR §1.56. I hereby claim foreign priority benefits under Title 35, United States code, § 119 of any foreign application(s) for patent or inventor's certificate listed below and have also identified below any foreign application for patent or inventor's certificate having a filing date before that of the application on which priority is claimed: Prior Foreign Application(s) Priority Benefits Claimed? Yes (Country) (Date Filed- Day/Month/Year) (Appl. No.) (Country) No (Date Filed- Day/Month/Year) (Appl. No.) No Yes (Country) No Yes (Appl. No.) (Date Filed- Day/Month/Year) I hereby claim the benefit under Title 35, United Sates Code, § 120 of any United States application(s) listed below and, insofar as the subject matter of each of the claims of this applications is not disclosed in the prior United States application in the manner provided by the first paragraph of Title 35, United States Code, § 112, I acknowledge the duty to disclose material information as defined in Title 37, Code of Federal Regulations, § 1.56 which occurred between the filing date of the prior application and the national or PCT international filing date of this application: Prior U.S. Application(s) (Application Serial No.) (Filing Date) (Status - patented, pending, abandoned) (Application Serial No.) (Filing Date) (Status - patented, pending, abandoned) APLlD297/P3246 Page 1 of4 s APLNDC00032373 Power of Attorney And I hereby appoint the law firm of Beyer Weaver & Thomas, LLP and all practitioners who are associated with the Customer Number 022434 as my principal attorneys to prosecute this application and to transact all business in the Patent and Trademark Office connected therewith. Direct Correspondence To: Customer Number: 022434 BEYER WEAVER & THOMAS, LLP P.O. BOX 778 BERKELEY, CA 94704-0778 Direct Telephone Calls To: Quin C. Hoellwarth at telephone number (650) 961-8300 I hereby declare that all statements made herein of my own knowledge are true and that all statements made on information and belief are believed to be true; and further that these statements were made with the knowledge that willful false statements and the like so made are punishable by fine or imprisonment, or both, under section 1001 of Title 18 of the United States Code, and that such willful false statements may jeopardize the validity of the application or any patent issuing thereon. Typewritten Full Name of Sole or First Inventor: Bartley K- Andre Citizenship: Inventor's signature: Residence: (City) I ISA Date of Signature: Menlo Park (State/Country) Post Office Address: 655 Fourteenth Avenue2 Menlo Parls, CA 94()¾ Full Name of Second Joint Inventor: Daniel 1 en<:ter CA/USA Citizenship: Inventor's signature: Residence: (City) Post Office Address: New Zealand Date of Signature: San Francisco (State/Country) CA/USA Citizenship: Italv 471 14* Street, San Françisço, CA 94103 Full Name of Third Joint Inventor: Daniele ne Inliit Inventor's signature: Residence: (City) Date of Signature: San Francisen (State/Country) Citizenship: Post Office Address: Richard P. Howarth Great Britain 349 Prosnect. San Francisco. CA 94110 Full Name of Fourth Joint Inventor: CA/I ISA Inventor's signature: Residence: (City) Post Office Address: APL I D297/P3246 Date of Signature: san Francisen (State/Country) CA/USA 34¾ Army Street #211 Sall Françisço, CA 94110 Page 2 of 4 APLNDC00032374 O O Full Name of Fifth Joint Inventor: Jonathan P. Ive Citizenship: Inventor's signature: Residence: (City) Grant Britain Date of Signature: San Francimen (State/Country) Post Office Address: 196 Twin Peaks Boulevard. San Francisco. CA 94114 Full Name of Sixth Joint Inventor: Syve Jobs CARIRA , Inventor's signature: Residence: (City) Post Office Address: Citizenship: USA Date of Signature: March JL _2nflá Palo Alto State/Country) CA/IIRA Citizenship: Great Rritain 2101 Waverlev Street. Palo Alto. CA 94301 Full Name of Seventh Joint Inventor: Dimcan Robert Kerr Inventor's signature: Residence: (City) Date of Signature: San Francisco (State/Country) Post Office Address: 114A DiamonçI Street San Francisço, CA 94114 Full Name of Eighth Joint Inventor: Matthew Dean Rohrhach CA/USA Inventor's signature: Residence: (City) CitiZenship: USA Date of Signature: San Francisco (State/Country) Post Office Address: 1677 16* Avenue, San Françisço, CA 94122 Full Name of Ninth Joint Inventor: Douglas B Satzger CA/USA Citizenship: Inventor's signature: Residence: (City) Post Office Address: APL1D297/P3246 I ISA Date of Signature: Menlo Park (State/Country) CA/USA 225 Arden Road. Menlo Park. CA 94025 Page 3 of4 APLNDC00032375 O Full Name of Tenth Joint Inventor: O Calvin O. Seid Citizenship: Inventor's signature: Residence: (City) USA Date of Signature: Palo Alto (State/Country) Post Office Address: CI1ristopher J. Stringer Citizenship: Auskalia 1043 Hig1LStrçç¾ Palo Aho2 CA 94301 Full Name of Eleventh Joint Inventor: CAR TRA Inventor's signature: Residence: (City) Date of Signature: Pacifien (State/Country) Post Office Address: Eugene Anthonv Whana Citizenship: Canada 243 Olvmnian Wav. Pacifica. CA 94044 Full Name of Twelfth Joint Inventor: CAn18A Inventor's signature: Residence: (City) Date of Signature: San Francisco (State/Country) Citizenship: Post Office Address: Rico Zörkendörfer German #1-400 Dolores San Francisco CA 94114 Full Name of Thirteenth Joint Inventor: CA/USA Inventor's signature: Residence: (City) Post Office Address: APL l D297/P3246 Date of Signature: San Francisco (State/Country) CA/USA 327 Lombard street. San Francimen CA 94133 Page 4 of 4 APLNDC00032376 This Page Is Inserted by IFW Operations and is not a part of the Official Record BEST AVAILABLE IMAGES Defective images within this document are accurate representations of the original documents submitted by the applicant. Defects in the images may include (but are not limited to): • BLACK BORDERS • TEXT CUT OFF AT TOP, BOTTOM OR SIDES • FADED TEXT • ILLEGIBLE TEXT • SKEWED/SLANTED IMAGES • COLORED PHOTOS • BLACK OR VERY BLACK AND WHITE D A W PHOTOS • GRAY SCALE DOCUMENTS IMAGES Au a BEST AVAILABLE COPY. As rescanning documents will not correct images, please do not report the images to the Image Problem Mailbox. APLNDC00032377 1 i APLNDC00032378 i I I i «» APLNDC00032379 APLNDC00032380 APLNDC00032381 APLNDC00032382 APLNDC00032383 APLNDC00032384 \ APLNDC00032385 Om I ' i o ‡ Y ‡e * Ps 74 APLNDC00032386 '¢ APLNDC00032387 • • • , I APLNDC00032388 .2 APLNDC00032389 1 A I APLNDC00032390 APLNDC00032391 d. 4, a 1 4. ,* N' < 4 . 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