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

Filing 628

RESPONSE to re 623 Order on Administrative Motion to File Under Seal, Apple Inc.s Responsive Claim Construction Brief, Refiled by Court Order (D.N. 623) by Apple Inc.(a California corporation). (Attachments: # 1 Declaration of Mark D. Selwyn in Support of Apple's Responsive Claim Construction Brief, # 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 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S)(Selwyn, Mark) (Filed on 1/13/2012)

Download PDF
1 2 3 4 5 6 HAROLD J. MCELHINNY (CA SBN 66781) hmcelhinny@mofo.com MICHAEL A. JACOBS (CA SBN 111664) mjacobs@mofo.com RICHARD S.J. HUNG (CA SBN 197425) rhung@mofo.com MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: (415) 268-7000 Facsimile: (415) 268-7522 7 8 9 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 12 13 15 16 17 18 19 APPLE INC., a California corporation, Plaintiff, 22 23 24 Civil Action No. 11-CV-01846-LHK vs. 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, Defendants. 20 21 MARK D. SELWYN (SBN 244180) mark.selwyn@wilmerhale.com WILMER CUTLER PICKERING HALE AND DORR LLP 950 Page Mill Road Palo Alto, California 94304 Telephone: (650) 858-6000 Facsimile: (650) 858-6100 Attorneys for Plaintiff and Counterclaim-Defendant Apple Inc. 11 14 WILLIAM F. LEE (pro hac vice) william.lee@wilmerhale.com WILMER CUTLER PICKERING HALE AND DORR LLP 60 State Street Boston, Massachusetts 02109 Telephone: (617) 526-6000 Facsimile: (617) 526-5000 DECLARATION OF MARK D. SELWYN IN SUPPORT OF APPLE INC.’S RESPONSIVE CLAIM CONSTRUCTION BRIEF Hearing: Time: Place: Judge: January 20, 2012 10:00 a.m. Courtroom 8, 4th Floor Hon. 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, Counterclaim-Plaintiffs, 25 vs. 26 APPLE INC., a California corporation, 27 Counterclaim-Defendant. 28 SELWYN DECLARATION IN SUPPORT OF APPLE INC.’S RESPONSIVE CLAIM CONSTRUCTION BRIEF Case No. 11-cv-01846 (LHK) OPPOS FOR 1 I, Mark D. Selwyn, declare as follows: 2 1. 3 I am a partner with the law firm of Wilmer Cutler Pickering Hale and Dorr LLP and counsel for plaintiff and counterclaim-defendant Apple Inc. I submit this declaration in 4 support of Apple Inc.’s Responsive Claim Construction Brief. I am familiar with and 5 6 7 8 9 10 knowledgeable about the facts stated in this declaration and if called upon could and would testify competently as to the statements made herein. 2. Attached hereto as Exhibit A is a true and correct copy of the Nokia 3300 “Extended User’s Guide,” Nokia Corporation (2003), produced by Apple in this litigation (APLNDC-WH-A 0000006990-7140). 11 12 3. Attached hereto as Exhibit B is a true and correct copy of the Sony Ericsson 13 W800i User Guide (1st ed.), Sony Ericsson Mobile Comm. AB (May 2005), produced by Apple 14 in this litigation (APLNDC-WH-A 0000006685-6727). 15 16 17 4. Attached hereto as Exhibit C is a true and correct copy of the Sony Ericsson K700i User Guide (1st ed.), Sony Ericsson Mobile Comm. AB (March 2004), produced by Apple in this litigation (APLNDC-WH-A 0000008725-8828). 18 19 5. Attached hereto as Exhibit D is a true and correct copy of J. Hoskins and R. 20 Bluethman, Exploring IBM e-server pSeries (12th ed., 2004), produced by Apple in this litigation 21 (APLNDC-WH-A 0000019700-729). 22 23 6. Attached hereto as Exhibit E is a true and correct copy of the Declaration of Tony Givargis, Ph.D. in Support of Apple’s Proposed Claim Construction for U.S. Patent No. 24 7,698,711. 25 26 27 7. Attached hereto as Exhibit F is a true and correct copy of excerpts from the deposition of Joe Tipton Cole, dated December 16, 2011. 28 2 SELWYN DECLARATION IN SUPPORT OF APPLE INC.’S RESPONSIVE CLAIM CONSTRUCTION BRIEF Case No. 11-cv-01846 (LHK) OPPOS FOR 8. 1 2 Attached hereto as Exhibit G is a true and correct copy of U.S. Patent No. 7,698,711. 3 9. Attached hereto as Exhibit H is a true and correct copy of U.S. Patent No. 4 7,123,945. 5 10. 6 7 Action for United States Patent Application No. 11/778,466, which issued as the ’711 patent. 8 9 Attached hereto as Exhibit I is a true and correct copy of the 12/12/07 Office 11. Attached hereto as Exhibit J is a true and correct copy of the 2/28/08 Office Action for United States Patent Application No. 11/778,466, which issued as the ’711 patent. 10 12. Attached hereto as Exhibit K is a true and correct copy of the 8/1/08 Office 11 12 Action for United States Patent Application No. 11/778,466, which issued as the ’711 patent. 13. 13 14 Action for United States Patent Application No. 11/778,466, which issued as the ’711 patent. 15 16 Attached hereto as Exhibit L is a true and correct copy of the 1/26/09 Office 14. Attached hereto as Exhibit M is a true and correct copy of the 5/27/09 Office Action for United States Patent Application No. 11/778,466, which issued as the ’711 patent. 17 15. Attached hereto as Exhibit N is a true and correct copy of the 11/9/09 Office 18 19 Action for United States Patent Application No. 11/778,466, which issued as the ’711 patent. 16. 20 Attached hereto as Exhibit O is a true and correct copy of the 12/8/09 21 Amendment for United States Patent Application No. 11/778,466, which issued as the ’711 22 patent. 23 17. Attached hereto as Exhibit P is a true and correct copy of the 1/13/10 Notice of 24 Allowance for United States Patent Application No. 11/778,466, which issued as the ’711 patent. 25 26 27 28 3 SELWYN DECLARATION IN SUPPORT OF APPLE INC.’S RESPONSIVE CLAIM CONSTRUCTION BRIEF Case No. 11-cv-01846 (LHK) OPPOS FOR 1 2 3 18. Attached hereto as Exhibit Q is a true and correct copy of the 12/16/09 Examiner’s Interview Summary for United States Patent Application No. 11/778,466, which issued as the ’711 patent. 4 19. Attached hereto as Exhibit R is a true and correct copy of excerpts from the 5 6 7 8 deposition of Moon-Sang Jeong, dated November 17, 2011. 20. Attached hereto as Exhibit S is a true and correct copy of excerpts from the deposition of Tony Givargis, Ph.D., dated December 6, 2011. 9 10 I hereby declare under penalty of perjury under the laws of the United States that the 11 12 13 foregoing is true and correct to the best of my knowledge and belief. Dated: December 22, 2011 /s/ Mark D. Selwyn Mark D. Selwyn 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 SELWYN DECLARATION IN SUPPORT OF APPLE INC.’S RESPONSIVE CLAIM CONSTRUCTION BRIEF Case No. 11-cv-01846 (LHK) OPPOS FOR 1 2 3 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing document has been served on December 22, 2011 to all counsel of record who are deemed to have consented to 4 electronic service via the Court’s CM/ECF system per Civil Local Rule 5.4. Any other counsel 5 6 7 8 of record will be served by electronic mail, facsimile and/or overnight delivery. /s/ Mark. D Selwyn Mark D. Selwyn 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 SELWYN DECLARATION IN SUPPORT OF APPLE INC.’S RESPONSIVE CLAIM CONSTRUCTION BRIEF Case No. 11-cv-01846 (LHK) OPPOS FOR

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?