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

Filing 532

Administrative Motion to File Under Seal Apple's Motion to Strike Evidence Not Disclosed as Required by Patent Local Rule 4-3(b) filed by Apple Inc.(a California corporation). (Attachments: #1 Apple Inc.s Motion to Strike Evidence Not Disclosed as Required by Patent Local Rule 4-3(b), #2 Declaration of Mark D. Selwyn in Support of Apples Motion to Strike, #3 Exhibit A to Apple's Motion to Strike, #4 Exhibit B to Apple's Motion to Strike, #5 Proposed Order on Apple's Motion to Strike)(Selwyn, Mark) (Filed on 12/22/2011)

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

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]
Attorneys for Plaintiff and
Counterclaim-Defendant Apple Inc.

10
11

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

12
13
14

APPLE INC., a California corporation,

15

Plaintiff,

16
17
18
19

vs.
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
24

27
28

DECLARATION OF MARK D. SELWYN
IN SUPPORT OF APPLE’S MOTION TO
STRIKE
Hearing: TBD
Time: TBD

Defendants.
SUBMITTED UNDER SEAL
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,
Counterclaim-Plaintiffs,

25
26

Civil Action No. 11-CV-01846-LHK

v.
APPLE INC., a California corporation,
Counterclaim-Defendant.
DECLARATION OF MARK D. SELWYN IN
SUPPORT OF APPLE’S MOTION TO STRIKE
Case No. 11-cv-01846 (LHK)

1

I, Mark D. Selwyn, declare as follows:

2

1.

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

3

and counsel for plaintiff and counterclaim-defendant Apple Inc. I submit this declaration in

4

support of Apple’s Motion to Strike Evidence Not Disclosed as Required by Patent Local Rule

5

4-3(b). I am familiar with and knowledgeable about the facts stated in this declaration and if

6

called upon could and would testify competently as to the statements made herein.

7
8
9
10
11
12

2.

Attached hereto as Exhibit A is a true and correct copy of excerpts from the

Deposition of Joe Tipton Cole, dated December 16, 2011.
3.

Attached hereto as Exhibit B is a true and correct copy of a December 5, 2011

Letter from Bethany Stevens to Todd Briggs.
I hereby declare under penalty of perjury under the laws of the United States that the
foregoing is true and correct to the best of my knowledge and belief.

13
14

Dated: December 22, 2011

/s/ Mark D. Selwyn
Mark D. Selwyn

15
16
17
18
19
20
21
22
23
24
25
26
27
28

DECLARATION OF MARK D. SELWYN IN
SUPPORT OF APPLE’S MOTION TO STRIKE

2

Case No. 11-cv-01846 (LHK)

1
2
3
4
5

CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing document has
been served on December 22, 2011 to all counsel of record who are deemed to have consented to
electronic service via the Court’s CM/ECF system per Civil Local Rule 5.4. Any other counsel
of record will be served by electronic mail, facsimile and/or overnight delivery.

6
7

/s/ Mark. D Selwyn
Mark D. Selwyn

8
9
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’S MOTION TO STRIKE

3

Case No. 11-cv-01846 (LHK)