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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1 2 3 4 5 6 HAROLD J. MCELHINNY (CA SBN 66781) hmcelhinny@mofo.com MICHAEL A. JACOBS (CA SBN 111664) mjacobs@mofo.com RICHARD S.J. HUNG (CA SBN 197425) rhung@mofo.com MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: (415) 268-7000 Facsimile: (415) 268-7522 WILLIAM F. LEE (pro hac vice) william.lee@wilmerhale.com WILMER CUTLER PICKERING HALE AND DORR LLP 60 State Street Boston, Massachusetts 02109 Telephone: (617) 526-6000 Facsimile: (617) 526-5000 MARK D. SELWYN (SBN 244180) mark.selwyn@wilmerhale.com WILMER CUTLER PICKERING HALE AND DORR LLP 950 Page Mill Road Palo Alto, California 94304 Telephone: (650) 858-6000 Facsimile: (650) 858-6100 7 8 9 10 Attorneys for Plaintiff and Counterclaim-Defendant Apple Inc. 11 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 12 13 APPLE INC., a California corporation, Civil Action No. 11-CV-01846-LHK 14 Plaintiff, 15 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 16 17 18 19 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, 20 21 22 23 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, 24 Counterclaim-Plaintiffs, 25 v. 26 APPLE INC., a California corporation, 27 Counterclaim-Defendant. 28 DECLARATION OF MARK D. SELWYN IN SUPPORT OF APPLE INC.’S OPPOSITION Case No. 11-cv-01846 (LHK) 1 1 I, Mark D. Selwyn, hereby declare as follows: 2 1. I am a partner at the law firm of Wilmer Cutler Pickering Hale and Dorr LLP, 3 counsel for Apple Inc. (“Apple”) in the above-entitled action. I am licensed to practice law in 4 the State of California, the Commonwealth of Massachusetts, and the State of New York, and am 5 admitted to practice before the U.S. District Court for the Northern District of California. I am 6 familiar with the facts set forth herein, and, if called as a witness, I could and would testify 7 competently to those facts under oath. 8 2. Samsung and Apple have been litigating French contract law issues regarding the 9 European Telecommunications Standards Institute Intellectual Property Rights Policy (“ETSI 10 IPR Policy”) and Samsung’s obligations under that policy in numerous countries, including at 11 least Australia, France, Italy, Japan, Korea, and the Netherlands. 12 3. Attached as Exhibit A is a true and correct copy of a redacted version provided by 13 counsel for Samsung of Samsung’s Re-Amended Defence and Counterclaim, served on March 14 15, 2007 in Telefonaktiebolaget LM Ericsson v. Samsung Electronics UK Ltd., HC06 C00618 15 (High Court of Justice, Chancery Division, Patents Court). 16 4. Attached as Exhibit B is a true and correct copy of Broadcom Corp.’s First 17 Amended Complaint, filed on September 19, 2005 in Broadcom Corp. v. Qualcomm Inc., No. 18 05-cv-03350 (D.N.J.). 19 5. Attached as Exhibit C is a true and correct copy of Research in Motion Ltd.’s 20 Complaint, filed on February 16, 2008 in Research in Motion Ltd. v. Motorola, Inc., No. 08-cv- 21 0284 (N.D. Tex.). 22 6. Attached as Exhibit D is a true and correct copy of Apple Inc.’s First Amended 23 Answer, Defenses, and Counterclaims, filed on February 19, 2010 in Nokia Corp. v. Apple Inc., 24 No. 09-cv-791 (D. Del.). 25 26 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.). 27 28 DECLARATION OF MARK D. SELWYN IN SUPPORT OF APPLE INC.’S OPPOSITION Case No. 11-cv-01846 (LHK) 2 1 8. Attached as Exhibit F is a true and correct copy of the “Brief of Amici Curiae 2 Nvidia Corporation, Micron Technology, Inc., Samsung Electronics Corporation, Ltd., and 3 Hynix Semiconductor, Inc., on the Issue of the Appropriate Remedy for Rambus’s Violations of 4 the FTC Act,” submitted on September 15, 2006 in In the Matter of Rambus Inc., Docket No. 5 9302 (F.T.C.). 6 9. Attached as Exhibit G is a true and correct copy of Samsung Electronics Co., 7 Ltd.’s First Amended Complaint, filed on September 14, 2007 in Samsung Electronics Co., Ltd. 8 v. InterDigital Communications Corporation, No. 07-cv-167 (D. Del.). 9 10. Attached as Exhibit H is a true and correct excerpt of the Hearing Transcript of 10 the hearing held on July 14, 2008 in In the Matter of Certain 3G Wideband Code Division 11 Multiple Access (WCDMA) Mobile Handsets and Components Thereof, Investigation No. 337- 12 TA-601 (I.T.C.). 13 11. Attached as Exhibit I is a true and correct copy of the Statement From Laëtitia 14 Benard, Avocat a la Cour, dated September 12, 2011 and submitted in Samsung Electronics Co., 15 Ltd. et al. v. Apple Inc. et al. (District Court of the Hague, Netherlands). 16 12. Attached as Exhibit J is a true and correct copy of the ETSI IPR Policy adopted in 17 November, 1997. 18 19 20 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. 21 22 23 24 25 Dated: December 20, 2011 /s/ Mark. D Selwyn Mark D. Selwyn 26 27 28 DECLARATION OF MARK D. SELWYN IN SUPPORT OF APPLE INC.’S OPPOSITION Case No. 11-cv-01846 (LHK) 3 1 2 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing document has 3 been served on December 20, 2011 to all counsel of record who are deemed to have consented to 4 electronic service per Civil Local Rule 5.4. 5 6 7 8 9 /s/ Mark. D Selwyn Mark D. Selwyn 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF MARK D. SELWYN IN SUPPORT OF APPLE INC.’S OPPOSITION Case No. 11-cv-01846 (LHK) 4

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