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).

EXHIBIT C

Case5:11-cv-01846-LHK Document394

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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.

Civil Action No. 11-CV-01846-LHK

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

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Defendants.
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JOINT CLAIM CONSTRUCTION
AND PREHEARING STATEMENT
PURSUANT TO PATENT L.R. 4-3
Claim Construction
Hearing: Jan 20, 2012
Time: 10:00 a.m.
Place: Courtroom 4, 5th Floor
Judge: Honorable Lucy H. Koh

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

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Counterclaim-Plaintiff,
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v.
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APPLE INC., a California corporation,
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Counterclaim-Defendants.
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Joint Claim Construction and Prehearing Statement – PATENT L.R. 4-3
CASE NO. 11-CV-01846 (LHK)

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Case5:11-cv-01846-LHK Document394

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In accordance with Northern District of California Patent Local Rule 4-3 and the Court’s

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Minute Order and Case Management Order (Dkt. No. 187), Plaintiff and Counterclaim-Defendant

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Apple Inc. (“Apple”) and Defendants and Counterclaim-Plaintiffs Samsung Electronics Co., Ltd.,

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Samsung Electronics America, Inc. and Samsung Telecommunications America, LLC

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(collectively, “Samsung”) submit this Joint Claim Construction and Prehearing Statement.

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Attached hereto as Exhibit A is a table setting forth the 10 claim terms which the parties

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request that the Court construe, along with the intrinsic or extrinsic evidence on which the parties

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currently intend to rely either in support of their own proposed constructions or in opposition to

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the other party’s proposed constructions.

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The parties have not agreed on any claim constructions, and their dispute extends to more

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than the 10 terms proposed here. Though the parties have only identified 10 disputed claim terms

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pursuant to the Court’s Case Management Order, they stand ready to provide additional

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information or briefing at the Court’s convenience.

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The parties anticipate that the length of time necessary for the Claim Construction Hearing
will be approximately four hours.
Apple will submit declarations from, and may call as witnesses at the Claim Construction

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Hearing, Richard Gitlin, Ph.D. and Tony Givargis, Ph.D. Dr. Gitlin will provide his expert

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opinion that a person of ordinary skill in the art at the time of the patent application would have

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interpreted the term “symbol” in U.S. Patent No. 7,200,792 according to Apple’s proposed

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construction, as will be set forth in more detail in an expert declaration being served on

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Samsung’s counsel today. Dr. Givargis will provide his expert opinion that a person of ordinary

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skill in the art at the time of the patent application would have interpreted the term “applet” in

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U.S. Patent No. 7,698,711 according to Apple’s proposed construction, as will be set forth in

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more detail in another expert declaration also being served on Samsung’s counsel today.

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Samsung will submit declarations from, and may call as witnesses at the Claim

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Construction Hearing, Tipton Cole and Richard Dale Wesel, Ph.D. Mr. Cole will provide an

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expert declaration in response to Dr. Givargis’s opinion on “applet” in U.S. Patent No. 7,698,711,

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Joint Claim Construction and Prehearing Statement – PATENT L.R. 4-3
CASE NO. 11-CV-01846 (LHK)

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and Dr. Wesel will provide an expert declaration in response to Dr. Gitlin’s opinion on “symbol”

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in U.S. Patent No. 7,200,792.

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Dated: November 14, 2011

By:

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Attorneys for Plaintiff and
Counterclaim-Defendant Apple Inc.

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/s/ Michael A. Jacobs______
Michael A. Jacobs

Dated: November 14, 2011

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By:

/s/ Todd Briggs__________
Todd Briggs
Attorneys for Defendants and
Counterclaim-Plaintiffs Samsung
Electronics Co., Ltd., Samsung
Electronics America, Inc. and Samsung
Telecommunications America, LLC

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I, Michael A. Jacobs, am the ECF User whose ID and password are being used to file this JOINT
CLAIM CONSTRUCTION AND PREHEARING STATEMENT. In compliance with
General Order 45, X.B., I hereby attest that Todd Briggs has concurred in this filing.

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Date: November 14, 2011
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MORRISON & FOERSTER LLP
By: __ /s/ Michael A. Jacobs____________________
Michael A. Jacobs
Attorneys for Plaintiff and Counterclaim-Defendant
Apple Inc.

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Joint Claim Construction and Prehearing Statement – PATENT L.R. 4-3
CASE NO. 11-CV-01846 (LHK)

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