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)

EXHIBIT H

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November 28, 2011

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415.268.6615
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Via E-Mail ([e-mail])
Rachel Herrick Kassabian
Quinn Emanuel
555 Twin Dolphin Dr., 5th Floor
Redwood Shores, California 94065
Re:

Apple v. Samsung, Case No. 11-cv-1846-LHK (PSG) (N.D. Cal.)

Dear Rachel:
I write regarding the Court’s Order of November 16, 2011 relating to the photographs of the
device mockup submitted in the patent application which issued as Patent No. D504,889
(“the D’889 Patent”).
Apple searched the following custodians and sources for responsive photographs:
Apple’s outside prosecuting attorney, Tracy Durkin of Sterne, Kessler, Goldstein &
Fox. Sterne Kessler received from Beyer Weaver, the firm of Apple’s former
prosecuting agent Quin Hoellwarth, the entire file that Beyer Weaver possessed
relating to the prosecution of the D’889 Patent. Ms. Durkin searched both electronic
and paper files relating to the D’889 Patent. Apple acquired from Ms. Durkin the
best copies of the photographs that were present in the file. Original photographs
were not found.
Steve Beyer of the Beyer Law Group, formerly of the Beyer Weaver firm. Mr. Beyer
checked both hard copy and electronic document repositories relating to the D’889
Patent. Mr. Beyer confirmed that his firm has previously transferred its whole file to
Sterne Kessler at Apple’s request.
Quin Hoellwarth, formerly of the Beyer Weaver firm and now an in-house patent
agent at Apple. Mr. Hoellwarth did not take any files related to the prosecution of the
D’889 Patent with him to Apple. Nonetheless, Mr. Hoellwarth searched his own
paper files, emails, and local electronic drives. As noted above, Mr. Hoellwarth’s
former firm sent its entire file for the D’889 Patent to Tracy Durkin at Sterne Kessler.

sf-3074074

Rachel Herrick Kassabian
November 28, 2011
Page Two
Mr. Hoellwarth did not possess original photographs or any copies that were better
than the copies provided by Ms. Durkin.
Apple’s legal department. Mr. Hoellwarth also searched Apple legal department
paper files and servers.
Publicly available files stored by the USPTO.
The above searches were manual, were intended to search in each location previously known
potentially to have contained the files, and accordingly did not rely on any automated date
restrictions or search terms.
I have also attached a stipulation following the language required in the Court’s
November 16, 2011 Order.
Sincerely,
/s/ Jason R. Bartlett
Jason R. Bartlett
Encl.

sf-3074074

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HAROLD J. MCELHINNY (CA SBN 66781)
[e-mail]
MICHAEL A. JACOBS (CA SBN 111664)
[e-mail]
JENNIFER LEE TAYLOR (CA SBN 161368)
[e-mail]
ALISON M. TUCHER (CA SBN 171363)
[e-mail]
RICHARD S.J. HUNG (CA SBN 197425)
[e-mail]
JASON R. BARTLETT (CA SBN 214530)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: [phone]

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WILLIAM F. LEE
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 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.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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APPLE INC., a California corporation,

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Plaintiff,
v.

Case No. 11-cv-01846-LHK (PSG)
STIPULATION REGARDING
PHYSICAL MODEL AND RELATED
PHOTOGRAPHS

SAMSUNG ELECTRONICS CO., LTD., a
Korean corporation; SAMSUNG
ELECTRONICS AMERICA, INC., a New
York corporation; and SAMSUNG
TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,
Defendants.

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STIPULATION REGARDING PHYSICAL MODEL AND RELATED PHOTOGRAPHS
CASE NO. 4:11-CV-01846-LHK (PSG)
sf-3072821

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Apple Inc. (“Apple”), through its counsel, stipulates as follows:

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1.

The specific physical model identified by Apple industrial designer

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Christopher Stringer during his November 4, 2011 deposition, identified as Apple Model 035, is

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the same model or mockup appearing in the photographs of the D’889 patent prosecution history

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produced by Apple.

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2.

The photographs from the D’889 patent prosecution history produced by Apple are

the highest quality that it has found.

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Dated: November 28, 2011

MORRISON & FOERSTER LLP

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By:

/s/ Michael A. Jacobs
Michael A. Jacobs
Attorneys for Plaintiff
APPLE INC.

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STIPULATION REGARDING PHYSICAL MODEL AND RELATED PHOTOGRAPHS
CASE NO. 4:11-CV-01846-LHK (PSG)
sf-3072821