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

Filing 521

Declaration of Mark D. Selwyn in Support of #520 Opposition/Response to Motion filed byApple Inc.(a California corporation). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Related document(s) #520 ) (Selwyn, Mark) (Filed on 12/20/2011)

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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]

WILLIAM F. LEE (pro hac vice)
[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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Attorneys for Plaintiff and
Counterclaim-Defendant Apple Inc.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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APPLE INC., a California corporation,

Civil Action No. 11-CV-01846-LHK

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Plaintiff,
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vs.

DECLARATION OF MARK D. SELWYN
IN SUPPORT OF PLAINTIFF AND
COUNTERCLAIM-DEFENDANT APPLE
INC.’S OPPOSITION TO SAMSUNG’S
MOTION TO DISMISS APPLE’S
COUNTERCLAIMS

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SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity, SAMSUNG
ELECTRONICS AMERICA, INC., a New
York corporation, and SAMSUNG
TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,

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Defendants.
SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity, SAMSUNG
ELECTRONICS AMERICA, INC., a New
York corporation, and SAMSUNG
TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,

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Counterclaim-Plaintiffs,
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v.
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APPLE INC., a California corporation,
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Counterclaim-Defendant.
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DECLARATION OF MARK D. SELWYN IN
SUPPORT OF APPLE INC.’S OPPOSITION
Case No. 11-cv-01846 (LHK)
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I, Mark D. Selwyn, hereby declare as follows:

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1.

I am a partner at the law firm of Wilmer Cutler Pickering Hale and Dorr LLP,

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counsel for Apple Inc. (“Apple”) in the above-entitled action. I am licensed to practice law in

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the State of California, the Commonwealth of Massachusetts, and the State of New York, and am

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admitted to practice before the U.S. District Court for the Northern District of California. I am

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familiar with the facts set forth herein, and, if called as a witness, I could and would testify

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competently to those facts under oath.

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2.

Samsung and Apple have been litigating French contract law issues regarding the

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European Telecommunications Standards Institute Intellectual Property Rights Policy (“ETSI

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IPR Policy”) and Samsung’s obligations under that policy in numerous countries, including at

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least Australia, France, Italy, Japan, Korea, and the Netherlands.

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3.

Attached as Exhibit A is a true and correct copy of a redacted version provided by

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counsel for Samsung of Samsung’s Re-Amended Defence and Counterclaim, served on March

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15, 2007 in Telefonaktiebolaget LM Ericsson v. Samsung Electronics UK Ltd., HC06 C00618

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(High Court of Justice, Chancery Division, Patents Court).

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4.

Attached as Exhibit B is a true and correct copy of Broadcom Corp.’s First

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Amended Complaint, filed on September 19, 2005 in Broadcom Corp. v. Qualcomm Inc., No.

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05-cv-03350 (D.N.J.).

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5.

Attached as Exhibit C is a true and correct copy of Research in Motion Ltd.’s

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Complaint, filed on February 16, 2008 in Research in Motion Ltd. v. Motorola, Inc., No. 08-cv-

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0284 (N.D. Tex.).

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6.

Attached as Exhibit D is a true and correct copy of Apple Inc.’s First Amended

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Answer, Defenses, and Counterclaims, filed on February 19, 2010 in Nokia Corp. v. Apple Inc.,

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No. 09-cv-791 (D. Del.).

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7.

Attached as Exhibit E is a true and correct copy of the Transcript of Hearing, held

on June 3, 2010 in Nokia Corp. v. Apple Inc., No. 09-cv-791 (D. Del.).

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DECLARATION OF MARK D. SELWYN IN
SUPPORT OF APPLE INC.’S OPPOSITION
Case No. 11-cv-01846 (LHK)
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8.

Attached as Exhibit F is a true and correct copy of the “Brief of Amici Curiae

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Nvidia Corporation, Micron Technology, Inc., Samsung Electronics Corporation, Ltd., and

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Hynix Semiconductor, Inc., on the Issue of the Appropriate Remedy for Rambus’s Violations of

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the FTC Act,” submitted on September 15, 2006 in In the Matter of Rambus Inc., Docket No.

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9302 (F.T.C.).

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9.

Attached as Exhibit G is a true and correct copy of Samsung Electronics Co.,

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Ltd.’s First Amended Complaint, filed on September 14, 2007 in Samsung Electronics Co., Ltd.

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v. InterDigital Communications Corporation, No. 07-cv-167 (D. Del.).

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10.

Attached as Exhibit H is a true and correct excerpt of the Hearing Transcript of

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the hearing held on July 14, 2008 in In the Matter of Certain 3G Wideband Code Division

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Multiple Access (WCDMA) Mobile Handsets and Components Thereof, Investigation No. 337-

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TA-601 (I.T.C.).

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11.

Attached as Exhibit I is a true and correct copy of the Statement From Laëtitia

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Benard, Avocat a la Cour, dated September 12, 2011 and submitted in Samsung Electronics Co.,

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Ltd. et al. v. Apple Inc. et al. (District Court of the Hague, Netherlands).

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12.

Attached as Exhibit J is a true and correct copy of the ETSI IPR Policy adopted in

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November, 1997.

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I declare under penalty of perjury that the foregoing is true and correct to the best of my
knowledge. Executed on this 20th day of December, 2011, in Palo Alto, California.

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Dated: December 20, 2011
/s/ Mark. D Selwyn
Mark D. Selwyn

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DECLARATION OF MARK D. SELWYN IN
SUPPORT OF APPLE INC.’S OPPOSITION
Case No. 11-cv-01846 (LHK)
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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing document has

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been served on December 20, 2011 to all counsel of record who are deemed to have consented to

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electronic service per Civil Local Rule 5.4.

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/s/ Mark. D Selwyn
Mark D. Selwyn

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DECLARATION OF MARK D. SELWYN IN
SUPPORT OF APPLE INC.’S OPPOSITION
Case No. 11-cv-01846 (LHK)
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