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

Filing 605

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

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1 QUINN EMANUEL URQUHART & SULLIVAN, LLP Charles K. Verhoeven (Bar No. 170151) charlesverhoeven@quinnemanuel.com 2 50 California Street, 22nd Floor 3 San Francisco, California 94111 Telephone: (415) 875-6600 4 Facsimile: (415) 875-6700 5 Kevin P.B. Johnson (Bar No. 177129 kevinjohnson@quinnemanuel.com Victoria F. Maroulis (Bar No. 202603) 6 victoriamaroulis@quinnemanuel.com 555 Twin Dolphin Drive, 5th Floor 7 Redwood Shores, California 94065-2139 (650) 801-5000 8 Telephone: Facsimile: (650) 801-5100 9 10 Michael T. Zeller (Bar No. 196417) michaelzeller@quinnemanuel.com 865 S. Figueroa St., 10th Floor 11 Los Angeles, California 90017 12 Telephone: (213) 443-3000 Facsimile: (213) 443-3100 13 14 Attorneys for SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, 15 INC. and SAMSUNG TELECOMMUNICATIONS AMERICA, LLC 16 17 UNITED STATES DISTRICT COURT 18 NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION 19 20 APPLE INC., a California corporation, CASE NO. 11-cv-01846-LHK 21 DECLARATION OF DIANE C. HUTNYAN IN SUPPORT OF SAMSUNG'S MOTION TO ENFORCE COURT ORDERS 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 [PROPOSED] PUBLIC REDACTED VERSION 28 02198.51855/4541065.1 Case No. 11-cv-01846-LHK DECLARATION OF DIANE C. HUTNYAN IN SUPPORT OF SAMSUNG'S MOTION TO ENFORCE COURT ORDERS 1 I, Diane C. Hutnyan, declare: 2 1. I am a partner 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”) in this action. Unless otherwise 5 indicated, I have personal knowledge of the facts set forth in this declaration and, if called upon as 6 a witness, I could and would testify as follows. 7 2. Attached as Exhibit A is a true and correct copy of a letter from M. Mazza to D. 8 Hutnyan on 12-24-11. 9 3. Attached as Exhibit B is a true and correct copy of Samsung's Requests for 10 Production of Documents and Things Relating to Apple Inc.'s Motion for a Preliminary Injunction, 11 Request No.1. 12 4. Attached as Exhibit C is a true and correct excerpt of the December 1, 2011 13 Deposition of Jonathan Ive at 21:4-28:25. 14 5. Attached as Exhibit D is a true and correct copy of a letter from J. Bartlett to D. 15 Hutnyan on 1-5-12. 16 6. Attached as Exhibit E is a true and correct copy of a letter from M. Mazza to C. 17 Verhoeven on 1-7-12 18 7. Attached as Exhibit F is a true and correct copy of a letter from J. Bartlett to D. 19 Hutnyan on 1-7-12. 20 8. Attached as Exhibit G are true and correct copies of the photographs taken by 21 Samsung of the 035 Tablet Mockup, Bates Range APLNDC-X0000006115-6129). 22 9. Attached as Exhibit H is a true and correct copy of a letter from J. Bartlett to R. 23 Kassabian on 11-28-11. 24 10. Attached as Exhibit I is a true and correct excerpt of the January 6, 2012 25 Deposition of Tracy Durkin at 103:16 – 104:5. 26 27 28 02198.51855/4541065.1 Case No. 11-cv-01846-LHK DECLARATION OF DIANE C. HUTNYAN IN SUPPORT OF SAMSUNG'S MOTION TO ENFORCE COURT ORDERS 1 2 11. On January 5, 2012, I attended the Lead Counsel Meet and Confer in this action. 3 At this meeting Apple said that the redactions of the design investor sketchbooks already produced 4 to Samsung had been made by Apple's outside counsel and not by its design inventors. 5 12. Quinn Emanuel Urquhart & Sullivan attorneys were unsuccessful at reviewing 6 Apple's 035 CAD files at its escrow facility. Apple admitted that the 035 CAD files were not 7 visible at the escrow facility, it promised to send .pdf files to Quinn Emanuel Urquhart & Sullivan 8 instead. After 10:00 p.m. on Saturday, January 7, 2012, some .pdfs were produced, but without 9 any filepath or metadata information. 10 13. As of the time of this declaration, counsel for Apple has not informed that any 11 photographs of the 035 Tablet have been de-designated as confidential. 12 14. Counsel for Apple has informed me that it refuses to de-designate several photos of 13 the 035 Tablet on the basis that the measures of scale that appear on the photographs constitute 14 proprietary information about the size of the mockup. Apple has admitted that the images of the 15 device itself do not otherwise display proprietary information. 16 15. At parties' lead counsel meet and confer, the parties discussed Apple's position on 17 these topics. With regard to design inventor sketchbooks, Apple confirmed that it would not 18 produce design inventor sketchbooks prior to January 1, 2003. As for MCOs, CAD drawings, 19 working prototypes, and physical models, Apple did not agree to produce all relevant documents 20 and things, and further refused to provide a date certain for production of working prototypes. 21 Apple also reiterated that it would not produce any partial prototypes, or pieces or prototypes. 22 Finally, Apple refused to de-designate all photos of the 035 tablet mockup beyond what has been 23 produced to the PTO. 24 25 26 27 28 02198.51855/4541065.1 Case No. 11-cv-01846-LHK -2DECLARATION OF DIANE C. HUTNYAN IN SUPPORT OF SAMSUNG'S MOTION TO ENFORCE COURT ORDERS 1 DATED: January 10, 2012 Respectfully submitted, 2 QUINN EMANUEL URQUHART & SULLIVAN, LLP 3 4 5 6 7 8 By/s/ Diane C. Hutnyan Diane C. Hutnyan Attorneys for SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC. and SAMSUNG TELECOMMUNICATIONS AMERICA, LLC 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 02198.51855/4541065.1 Case No. 11-cv-01846-LHK -3DECLARATION OF DIANE C. HUTNYAN IN SUPPORT OF SAMSUNG'S MOTION TO ENFORCE COURT ORDERS

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