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

Filing 604

EXHIBITS re #602 Administrative Motion to File Under Seal re Samsung's January 10, 2012 Filings Exhibit 2 - [Proposed] Public Redacted Version of Samsung's Renewed Motion to Compel filed bySamsung Electronics Co. Ltd.. (Attachments: #1 Declaration Trac Declaration, #2 Declaration Hutnyan Declaration, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Proposed Order)(Related document(s) #602 ) (Maroulis, Victoria) (Filed on 1/11/2012)

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Bar No. 170151)
[e-mail]
2
50 California Street, 22nd Floor
3 San Francisco, California 94111
Telephone: [phone]
4 Facsimile: [phone]
5

Kevin P.B. Johnson (Bar No. 177129)
[e-mail]
Victoria F. Maroulis (Bar No. 202603)
6
[e-mail]
555 Twin Dolphin Drive, 5th Floor
7
Redwood Shores, California 94065-2139
[phone]
8 Telephone:
Facsimile:
[phone]
9
10

Michael T. Zeller (Bar No. 196417)
[e-mail]
865 S. Figueroa St., 10th Floor
11
Los Angeles, California 90017
12 Telephone: [phone]
Facsimile: [phone]
13
14 Attorneys for SAMSUNG ELECTRONICS CO.,
LTD., SAMSUNG ELECTRONICS AMERICA,
15 INC. and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

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20 APPLE INC., a California corporation,

CASE NO. 11-cv-01846-LHK

21

DECLARATION OF BILL TRAC IN
SUPPORT OF SAMSUNG’S RENEWED
MOTION TO COMPEL

22

Plaintiff,
vs.

23 SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity; SAMSUNG
24 ELECTRONICS AMERICA, INC., a New
York corporation; SAMSUNG
25 TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,
26
Defendant.
27

Date: January 18, 2012
Time: 2:00 p.m.
Place: Courtroom 5, 4th Floor
Judge: Hon. Paul S. Grewal

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02198.51855/4543852.1

Case No. 11-cv-01846-LHK
DECLARATION OF BILL TRAC IN SUPPORT OF SAMSUNG’S RENEWED MOTION TO COMPEL

1

I, Bill Trac, declare:

2

1.

I am an associate in the law firm of Quinn Emanuel Urquhart & Sullivan, LLP,

3 counsel for Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung
4 Telecommunications America, LLC (collectively “Samsung”). I have personal knowledge of the
5 facts set forth in this declaration and, if called upon as a witness, I could and would testify to such
6 facts under oath.
7

2.

On December 20, 2011, I inspected a computer that Apple represented was a

8 functioning example of a computer running Mac OS 10.0. The inspection took place at the office
9 of Apple’s counsel, Morrison & Foerster, in Palo Alto, California.
10

3.

The computer Apple produced was an Apple Power Mac G4 desktop computer,

11 attached to an Apple Studio Display monitor. The computer was running Mac OS X, version 10.0,
12 build 4K78.
13

4.

The Apple Studio Display monitor had a small conductive button on the front face

14 etched with an iconized sun, indicating brightness controls. When pressed, the button area lit up,
15 but the brightness of the monitor did not change. I observed no other reaction from pressing the
16 brightness button.
17

5.

Despite spending over an hour inspecting the computer, including procuring and

18 installing an additional USB cable attaching the Apple Studio Display to the Power Mac G4,
19 neither I nor my colleague Alex Baxter were able to adjust the brightness of the Studio Display.
20 We were similarly unable to reproduce the brightness adjustment window pictured in the
21 November 15 letter from Rachel Herrick Kassabian.
22

I declare under penalty of perjury that the foregoing is true and correct. Executed in

23 Redwood Shores, California on January 10, 2012.
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25
26

/s/ Bill Trac

27

Bill Trac

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02198.51855/4543852.1

Case No. 11-cv-01846-LHK
DECLARATION OF BILL TRAC IN SUPPORT OF SAMSUNG’S RENEWED MOTION TO COMPEL

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GENERAL ORDER ATTESTATION
I, Victoria Maroulis, am the ECF user whose ID and password are being used to file the

3 foregoing document. I hereby attest pursuant to General Order 45.X.B. that concurrence in the
4 electronic filing of this document has been obtained from Bill Trac.
5
6

/s/ Victoria Maroulis

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02198.51855/4543852.1

Case No. 11-cv-01846-LHK
-2DECLARATION OF BILL TRAC IN SUPPORT OF SAMSUNG’S RENEWED MOTION TO COMPEL