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)
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.
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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
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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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