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)

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HAROLD J. MCELHINNY (CA SBN 66781)
[e-mail]
MICHAEL A. JACOBS (CA SBN 111664)
[e-mail]
RICHARD S.J. HUNG (CA SBN 197425)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: [phone]

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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APPLE INC., a California corporation,
Plaintiff,

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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.

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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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WILLIAM F. LEE (pro hac vice)
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, Massachusetts 02109
Telephone: [phone]
Facsimile: [phone]

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,

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vs.
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APPLE INC., a California corporation,
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Counterclaim-Defendant.
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SELWYN DECLARATION IN SUPPORT OF APPLE INC.’S
RESPONSIVE CLAIM CONSTRUCTION BRIEF
Case No. 11-cv-01846 (LHK)

OPPOS
FOR

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I, Mark D. Selwyn, declare as follows:

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1.

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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

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support of Apple Inc.’s Responsive Claim Construction Brief. I am familiar with and
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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).

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3.

Attached hereto as Exhibit B is a true and correct copy of the Sony Ericsson

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W800i User Guide (1st ed.), Sony Ericsson Mobile Comm. AB (May 2005), produced by Apple

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in this litigation (APLNDC-WH-A 0000006685-6727).

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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).

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5.

Attached hereto as Exhibit D is a true and correct copy of J. Hoskins and R.

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Bluethman, Exploring IBM e-server pSeries (12th ed., 2004), produced by Apple in this litigation

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(APLNDC-WH-A 0000019700-729).

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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.

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7,698,711.
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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.

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SELWYN DECLARATION IN SUPPORT OF APPLE INC.’S
RESPONSIVE CLAIM CONSTRUCTION BRIEF
Case No. 11-cv-01846 (LHK)

OPPOS
FOR

8.

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Attached hereto as Exhibit G is a true and correct copy of U.S. Patent No.

7,698,711.

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9.

Attached hereto as Exhibit H is a true and correct copy of U.S. Patent No.

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7,123,945.
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10.

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Action for United States Patent Application No. 11/778,466, which issued as the ’711 patent.

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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.

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12.

Attached hereto as Exhibit K is a true and correct copy of the 8/1/08 Office

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Action for United States Patent Application No. 11/778,466, which issued as the ’711 patent.
13.

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Action for United States Patent Application No. 11/778,466, which issued as the ’711 patent.

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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.

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15.

Attached hereto as Exhibit N is a true and correct copy of the 11/9/09 Office

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Action for United States Patent Application No. 11/778,466, which issued as the ’711 patent.
16.

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Attached hereto as Exhibit O is a true and correct copy of the 12/8/09

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Amendment for United States Patent Application No. 11/778,466, which issued as the ’711

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patent.

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17.

Attached hereto as Exhibit P is a true and correct copy of the 1/13/10 Notice of

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Allowance for United States Patent Application No. 11/778,466, which issued as the ’711 patent.
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SELWYN DECLARATION IN SUPPORT OF APPLE INC.’S
RESPONSIVE CLAIM CONSTRUCTION BRIEF
Case No. 11-cv-01846 (LHK)

OPPOS
FOR

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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.

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19.

Attached hereto as Exhibit R is a true and correct copy of excerpts from the

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deposition of Moon-Sang Jeong, dated November 17, 2011.
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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.

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I hereby declare under penalty of perjury under the laws of the United States that the

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foregoing is true and correct to the best of my knowledge and belief.

Dated: December 22, 2011

/s/ Mark D. Selwyn
Mark D. Selwyn

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SELWYN DECLARATION IN SUPPORT OF APPLE INC.’S
RESPONSIVE CLAIM CONSTRUCTION BRIEF
Case No. 11-cv-01846 (LHK)

OPPOS
FOR

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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

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electronic service via the Court’s CM/ECF system per Civil Local Rule 5.4. Any other counsel
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of record will be served by electronic mail, facsimile and/or overnight delivery.

/s/ Mark. D Selwyn
Mark D. Selwyn

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SELWYN DECLARATION IN SUPPORT OF APPLE INC.’S
RESPONSIVE CLAIM CONSTRUCTION BRIEF
Case No. 11-cv-01846 (LHK)

OPPOS
FOR