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

Filing 542

Administrative Motion to File Under Seal re Samsung's Response to Apple's Opening Claim Construction Brief filed by Samsung Electronics Co. Ltd.. (Attachments: #1 Declaration Declaration of Brian Mack in Support of Motion to Seal, #2 Exhibit Samsung's Response to Apple's Opening Claim Construction Brief, #3 Exhibit Declaration of Todd M. Briggs in Support of Samsung's Response to Apple's Opening Claim Construction Brief, #4 Exhibit Exhibit A to Briggs Decl, #5 Exhibit Exhibit B to Briggs Decl, #6 Exhibit Exhibit C to Briggs Decl, #7 Exhibit Exhibit D to Briggs Decl, #8 Exhibit Exhibit E to Briggs Decl, #9 Exhibit Exhibit F to Briggs Decl, #10 Exhibit Exhibit G to Briggs Decl, #11 Exhibit Exhibit H to Briggs Decl, #12 Exhibit Exhibit I to Briggs Decl, #13 Exhibit Exhibit J to Briggs Decl, #14 Exhibit Exhibit K to Briggs Decl, #15 Exhibit Exhibit L to Briggs Decl, #16 Exhibit Exhibit M to Briggs Decl, #17 Exhibit Exhibit N to Briggs Decl, #18 Exhibit Exhibit O to Briggs Decl, #19 Exhibit Exhibit P to Briggs Decl, #20 Exhibit Exhibit Q to Briggs Decl, #21 Exhibit Exhibit R to Briggs Decl, #22 Exhibit Exhibit S to Briggs Decl, #23 Exhibit Exhibit T to Briggs Decl, #24 Exhibit Exhibit U to Briggs Decl, #25 Exhibit Exhibit V to Briggs Decl, #26 Exhibit Exhibt W to Briggs Decl, #27 Exhibit Exhibit X to Briggs Decl, #28 Proposed Order Proposed Order Granting Motion to Seal)(Maroulis, Victoria) (Filed on 12/22/2011)

EXHIBIT 2

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Bar No. 170151)
2
[e-mail]
50 California Street, 22nd Floor
3 San Francisco, California 94111
Telephone: [phone]
4 Facsimile:
[phone]
5 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Kevin P.B. Johnson (Bar No. 177129)
6
[e-mail]
Victoria F. Maroulis (Bar No. 202603)
7
[e-mail]
555 Twin Dolphin Drive, 5th Floor
8 Redwood Shores, California 94065-2139
Telephone:
[phone]
9 Facsimile:
[phone]
10 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Michael T. Zeller (Bar No. 196417)
11
[e-mail]
865 S. Figueroa St., 10th Floor
12 Los Angeles, California 90017
Telephone: [phone]
13 Facsimile:
[phone]
14 Attorneys for SAMSUNG ELECTRONICS CO., LTD.,
SAMSUNG ELECTRONICS AMERICA, INC. and
15 SAMSUNG TELECOMMUNICATIONS AMERICA, LLC
16
UNITED STATES DISTRICT COURT
17
NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION
18
19
APPLE INC., a California corporation,

CASE NO. 11-cv-01846-LHK

20
Plaintiff,
21
vs.
22
SAMSUNG ELECTRONICS CO., LTD., a
23 Korean business entity; SAMSUNG
ELECTRONICS AMERICA, INC., a New
24 York corporation; SAMSUNG
TELECOMMUNICATIONS AMERICA,
25 LLC, a Delaware limited liability company,
26

DECLARATION OF TODD M. BRIGGS
IN SUPPORT OF SAMSUNG'S
RESPONSE TO APPLE’S OPENING
CLAIM CONSTRUCTION BRIEF
Date: January 20, 2012
Time: 10:00 am
Place: Courtroom 8, 4th Floor
Judge: Hon. Lucy H. Koh

Defendant.

27
28
02198.51855/4519824.1

Case No. 11-cv-01846-LHK
DECLARATION OF TODD M. BRIGGS IN SUPPORT OF SAMSUNG'S RESPONSE TO APPLE’S
OPENING CLAIM CONSTRUCTION BRIEF

1

I, Todd M. Briggs, declare as follows:

2

1.

I am a partner with the law firm of Quinn Emanuel Urquhart & Sullivan LLP and

3 counsel for defendants and counter-claimants Samsung Electronics Co. Ltd., Samsung Electronics
4 America, Inc., and Samsung Telecommunications America, LLC (collectively, “Samsung”). I
5 submit this declaration in support of Samsung’s Response to Apple’s Opening Claim Construction
6 Brief. I am personally familiar with and knowledgeable about the facts stated in this declaration
7 and if called upon could and would testify competently as to the statements made herein.
8

2.

Attached hereto as Exhibit A is a true and correct copy of U.S. Patent No.

9 6,493,002.
10

3.

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

11 Deposition of Steven Christensen, dated October 26, 2011, and Exhibit 978 to the Deposition of
12 Steven Christensen.
13

4.

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

14 file history of U.S. Patent No. 6,493,002.
15

5.

Attached hereto as Exhibit D is a true and correct copy of U.S. Patent No.

16 5,659,693.
17

6.

Attached hereto as Exhibit E is a true and correct copy of U.S. Patent No.

18 7,469,381.
19

7.

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

20 Deposition of Ravin Balakrishnan, dated August 16, 2011.
21

8.

Attached hereto as Exhibit G is a true and correct copy of Exhibit 104 to the

22 Deposition of Ravin Balakrishnan, dated August 16, 2011.
23

9.

Attached hereto as Exhibit H is a true and correct copy of U.S. Patent No.

24 7,663,607.
25

10.

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

26 Deposition of Brian Q. Huppi, dated October 18, 2011.
27

11.

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

28 Deposition of Joshua Strickon, dated October 20, 2011.
02198.51855/4519824.1

-2-

Case No. 11-cv-01846-LHK

DECLARATION OF TODD M. BRIGGS IN SUPPORT OF SAMSUNG'S RESPONSE TO APPLE’S
OPENING CLAIM CONSTRUCTION BRIEF

1

12.

Attached hereto as Exhibit K is a true and correct copy of U.S. Patent No.

2 7,812,828.
3

13.

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

4 file history of U.S. Patent No. 7,812,828.
5

14.

Attached hereto as Exhibit M is a true and correct copy of certain excerpts from

6 the Deposition of Wayne Westerman, dated October 31, 2011.
7

15.

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

8 hearing transcript in the matter of Certain Mobile Device and Related Software, ITC Inv. No. 3379 TA-750, commencing September 23, 2011.
10

16.

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

11 Pre-Trial Statement and Brief of the Commission Investigative Staff in the matter of Certain
12 Mobile Device and Related Software, ITC Inv. No. 337-TA-750, dated September 9, 2011.
13

17.

Attached hereto as Exhibit P is a true and correct copy of U.S. Patent No.

14 7,844,915.
15

18.

Attached hereto as Exhibit Q is a true and correct copy of U.S. Patent No.

16 7,853,891.
17

19.

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

18 file history of U.S. Patent No. 7,853,891.
19

20.

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

20 Deposition of Imran Chaudhri, dated October 14, 2011.
21

21.

Attached hereto as Exhibit T is a true and correct copy of screenshots from the

22 iPhone “Clock” program.
23

22.

Attached hereto as Exhibit U is a true and correct copy of Apple’s Infringement

24 Chart for U.S. Patent No. 7,853,891 (Exhibit 8) for the Samsung Galaxy Prevail Mobile Phone.
25

23.

Attached hereto as Exhibit V is a true and correct copy of Apple’s Infringement

26 Chart for U.S. Patent No. 7,853,891 (Exhibit 9) for the Samsung Galaxy Tab 10.1.
27

24.

Attached hereto as Exhibit W is a true and correct copy of U.S. Pat. App. Pub. No.

28 2003/0016253.
02198.51855/4519824.1

-3-

Case No. 11-cv-01846-LHK

DECLARATION OF TODD M. BRIGGS IN SUPPORT OF SAMSUNG'S RESPONSE TO APPLE’S
OPENING CLAIM CONSTRUCTION BRIEF

1

25.

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

2 file history of U.S. Patent No. 7,853,891.
3

I hereby declare under penalty of perjury under the laws of the United States that the

4 foregoing is true and correct.
5
6 DATED: December 22, 2011
7
8
9
10
11
12

QUINN EMANUEL URQUHART &
SULLIVAN, LLP

By

/s/ Todd M. Briggs
Todd M. Briggs
Attorneys for Defendants/Counter-Claimants
SAMSUNG ELECTRONICS CO., LTD.,
SAMSUNG ELECTRONICS AMERICA, INC.
and SAMSUNG TELECOMMUNICATIONS
AMERICA, LLC

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
02198.51855/4519824.1

-4-

Case No. 11-cv-01846-LHK

DECLARATION OF TODD M. BRIGGS IN SUPPORT OF SAMSUNG'S RESPONSE TO APPLE’S
OPENING CLAIM CONSTRUCTION BRIEF