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

Filing 621

OPPOSITION to ( 532 Apple's Motion to Strike Evidence Not Disclosed as Required by Patent Local Rule 4-3(b) ) filed by Samsung Electronics Co. Ltd.. (Attachments: # 1 Declaration of Todd M. Briggs, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G)(Briggs, Todd) (Filed on 1/12/2012) Modified text on 1/13/2012 (dhm, COURT STAFF).

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EXHIBIT B 1 QUINN EMANUEL URQUHART & SULLIVAN, LLP Charles K. Verhoeven (Bar No. 170151) 2 charlesverhoeven@quinnemanuel.com 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 6 Victoria F. Maroulis (Bar No. 202603) victoriamaroulis@quinnemanuel.com th 7 555 Twin Dolphin Drive, 5 Floor Redwood Shores, California 94065-2139 8 Telephone: (650) 801-5000 Facsimile: (650) 801-5100 9 Michael T. Zeller (Bar No. 196417) 10 michaelzeller@quinnemanuel.com 865 S. Figueroa St., 10th Floor 11 Los Angeles, California 90017 Telephone: (213) 443-3000 12 Facsimile: (213) 443-3100 13 Attorneys for SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, 14 INC. and SAMSUNG TELECOMMUNICATIONS AMERICA, LLC 15 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 SAMSUNG’S PATENT LOCAL RULE 4-2 DISCLOSURES 21 Plaintiff, vs. 22 SAMSUNG ELECTRONICS CO., LTD., a Korean business entity; SAMSUNG 23 ELECTRONICS AMERICA, INC., a New York corporation; SAMSUNG 24 TELECOMMUNICATIONS AMERICA, LLC, a Delaware limited liability company, 25 Defendant. 26 27 28 02198.51855/4425139.1 Case No. 11-cv-01846-LHK SAMSUNG’S PATENT LOCAL RULE 4-2 DISCLOSURES 1 Samsung Electronics Co., Ltd. (“SEC”), Samsung Electronics America, Inc. (“SEA”), and 2 Samsung Telecommunications America, LLC (“STA”) (collectively “Samsung”) hereby serves its 3 Patent Local Rule 4-2 disclosures. Pursuant to Patent Local Rule 4-2(c), Samsung is prepared to 4 meet and confer with Apple at a mutually agreeable time and place for the purpose of narrowing 5 the issues and finalizing preparation of a Joint Claim Construction and Prehearing Statement. 6 Attached as Exhibit A is a chart setting forth the claim terms, phrases, and clauses that the 7 parties have identified for construction, the associated preliminary constructions proposed by 8 Samsung, and the preliminary identification of intrinsic and extrinsic evidence that supports 9 Samsung’s proposed constructions. Citations to particular sections of a document are intended to 10 indicate the nature of the reference and may not serve to limit the use of any other portion of the 11 document. Citations to patents are exemplary and not necessarily exhaustive. Derivative terms 12 and similar phrases with the same proposed constructions are grouped and listed where the first 13 instance appears in the asserted claims. Claim terms and phrases not expressly defined in this 14 document should be accorded their plain and ordinary meaning to persons of ordinary skill in the 15 art. Evidence cited as to one claim term or phrase may be relevant to other claim terms or phrases. 16 The proposed claim constructions and identification of extrinsic evidence are based on the 17 asserted claims identified in Samsung’s and Apple’s Disclosures under Patent Local Rule 3-1 and 18 3-2. If Apple asserts that other claims are relevant, Samsung reserves the right to propose claim 19 terms and claim elements and constructions for, and in light of, such additional claims. Samsung 20 also reserve the right to amend or withdraw any construction of a claim term and/or phrase 21 submitted herein or to identify new terms and/or phrases and to submit additional constructions of 22 claim terms and/or phrases should such amendments or additions be requested by the Court or 23 otherwise made necessary during the course of this action, including during the course of meeting 24 and conferring pursuant to Patent Local Rule 4-2(c). Because discovery in this action is in the 25 early stages, Samsung reserves the right to supplement or modify the positions and information in 26 this disclosure in light of information relevant to claim construction that may be disclosed during 27 the course of discovery. 28 Case No. 11-cv-01846-LHK SAMSUNG’S PATENT LOCAL RULE 4-2 DISCLOSURES -2- 1 Samsung further reserves the right to supplement or amend its preliminary constructions in 2 light of Apple’s forthcoming preliminary claim constructions and extrinsic evidence. Samsung 3 also reserves the right to supplement or amend its contentions due to inadequacy and vagueness of 4 Apple’s forthcoming preliminary claim constructions. Additionally, Samsung reserves the right to 5 revise its contentions regarding claim terms, including elements that may be governed by 35 6 U.S.C. § 112(6), in view of Apple’s proposed constructions and as discovery proceeds. 7 Samsung’s preliminary claim constructions shall not act as a waiver of any defense of non- 8 infringement, invalidity or unenforceability of any patent Apple has asserted in this action. 9 Notwithstanding the preliminary claim constructions contained herein of any term, phrase, or 10 clause, Samsung expressly reserves the right to challenge the validity of any or all claims in the 11 patents Apple has asserted in this action on all possible grounds. Samsung’s proposed preliminary 12 constructions for Apple’s patents herein do not mean that the claim term or claim element is valid 13 or construable under 35 U.S.C. § 112; Samsung reserves the right to so assert and make no 14 admission or contention herein. For any references identified in Exhibit A that have not already 15 been produced, Samsung will produce copies of such references. Samsung reserves the right to 16 rely on extrinsic evidence identified by Apple and to add additional extrinsic evidence, particularly 17 for constructions on which the parties disagree. 18 In addition to the references identified in Exhibit A and discussed above, Samsung may 19 rely on testimony from one or more experts. Subject to Apple’s proposed constructions, 20 information learned in the course of meeting and conferring with Apple’s counsel, and the manner 21 in which the Court will conduct a claim construction hearing, Samsung may on testimony from 22 one or more experts to provide tutorial background regarding the technology in issue in any 23 patents that will be addressed at the claim construction hearing, to address the meaning and subject 24 matter of the asserted patent claims as they would be understood by those of ordinary skill in the 25 art at the time any patents were filed, to address the proper construction of various claim terms in 26 light of the intrinsic and extrinsic evidence, and to otherwise assist the Court in construing the 27 asserted patents. Samsung expressly reserves the right to identify and use experts in rebuttal 28 should Apple identify experts for claim construction. Any such expert witnesses may also offer Case No. 11-cv-01846-LHK SAMSUNG’S PATENT LOCAL RULE 4-2 DISCLOSURES -3- 1 testimony, if necessary, to respond to Apple’s constructions or expert(s), or for the Court’s benefit. 2 Expert testimony should be considered an extrinsic evidence citation for all claim terms herein. 3 Samsung also reserves the right to separate a word or phrase from the terms listed below in order 4 to address that word or phrase separately. 5 6 DATED: October 31, 2011 Respectfully submitted, 7 QUINN EMANUEL URQUHART & SULLIVAN, LLP 8 9 10 11 12 13 14 15 By /s/ Todd Briggs Charles K. Verhoeven Kevin P.B. Johnson Victoria F. Maroulis Michael T. Zeller Attorneys for SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC. and SAMSUNG TELECOMMUNICATIONS AMERICA, LLC 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 11-cv-01846-LHK SAMSUNG’S PATENT LOCAL RULE 4-2 DISCLOSURES -4- 1 2 CERTIFICATE OF SERVICE I hereby certify that on Oct. 31, 2011, I caused SAMSUNG’S PATENT LOCAL RULE 3 4-2 DISCLOSURES to be electronically served on the following via email: 4 ATTORNEYS FOR APPLE INC. 5 HAROLD J. MCELHINNY hmcelhinny@mofo.com 6 MICHAEL A. JACOBS mjacobs@mofo.com 7 JENNIFER LEE TAYLOR jtaylor@mofo.com 8 ALISON M. TUCHER atucher@mofo.com 9 RICHARD S.J. HUNG rhung@mofo.com 10 JASON R. BARTLETT jasonbartlett@mofo.com 11 MORRISON & FOERSTER LLP 425 Market Street 12 San Francisco, California 94105-2482 Telephone: (415) 268-7000 13 Facsimile: (415) 268-7522 14 WILLIAM F. LEE william.lee@wilmerhale.com 15 WILMER CUTLER PICKERING HALE AND DORR LLP 16 60 State Street Boston, Massachusetts 02109 17 Telephone: (617) 526-6000 Facsimile: (617) 526-5000 18 MARK D. SELWYN 19 mark.selwyn@wilmerhale.com WILMER CUTLER PICKERING HALE 20 AND DORR LLP 950 Page Mill Road 21 Palo Alto, California 94304 Telephone: (650) 858-6000 22 Facsimile: (650) 858-6100 23 24 I declare under penalty of perjury that the foregoing is true and correct. Executed in 25 Redwood Shores, California on Oct. 31, 2011. 26 _/s/ Todd Briggs 27 28 Case No. 11-cv-01846-LHK SAMSUNG’S PATENT LOCAL RULE 4-2 DISCLOSURES -5-

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