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

Filing 637

Administrative Motion to File Under Seal filed by Apple Inc.. (Attachments: #1 Wheeler Declaration ISO Motion to Seal, #2 Proposed Order ISO Motion to Seal, #3 Bartlett Declaration ISO Opposition to Motion to Enforce, #4 Ex A to Bartlett Decl, #5 Ex B to Bartlett Decl, #6 Ex C to Bartlett Decl, #7 Ex D to Bartlett Decl, #8 Ex E to Bartlett Decl, #9 Ex F to Bartlett Decl, #10 Ex G to Bartlett Decl, #11 Ex H to Bartlett Decl, #12 Ex I to Bartlett Decl, #13 Ex J to Bartlett Decl, #14 Ex K to Bartlett Decl, #15 Opposition to Motion to Enforce, #16 Maselli Decl ISO Opposition to Motion to Compel, #17 Ex A Maselli Decl, #18 Ex B Maselli Decl, #19 Ex C Maselli Decl, #20 Ex D Maselli Decl, #21 Ex E Maselli Decl, #22 Opposition to Motion to Compel, #23 Mazza Declaration ISO Opposition to Motion for Clarification, #24 Ex A Mazza Decl, #25 Ex B Mazza Decl, #26 Ex C Mazza Decl)(Jacobs, Michael) (Filed on 1/17/2012)

1
2
3
4
5
6

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]

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]

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]

7
8
9
10

Attorneys for Plaintiff and
Counterclaim-Defendant Apple Inc.

11

United States District Court
Northern District of California
San Jose Division

12
13
14

APPLE INC., a California corporation,

15

vs.

16

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,

17
18
19

Plaintiff,

22
23

26
27

Date: January 19, 2012
Time: 10:00am

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,

24
25

DECLARATION OF SAMUEL J.
MASELLI IN SUPPORT OF APPLE
INC.’S OPPOSITION TO SAMSUNG’S
MOTION TO COMPEL DISCOVERY

Defendants.

20
21

Civil Action No. 11-CV-01846-LHK

ORAL ARGUMENT REQUESTED
PUBLIC REDACTED VERSION

Counterclaim-Plaintiffs,
v.
APPLE INC., a California corporation,
Counterclaim Defendant.

28

1

DECLARATION OF SAMUEL J. MASELLI IN
SUPPORT OF APPLE’S OPPOSITION TO
SAMSUNG’S MOTION TO COMPEL
Case No. 11-cv-01846 (LHK)

I, Samuel J. Maselli, hereby declare as follows:

1
2

1.

I am an attorney at the law firm of Wilmer Cutler Pickering Hale and Dorr LLP,

3
4

counsel for Apple Inc. (“Apple”) in the above-referenced litigation. I am licensed to practice law

5

in the State of California, and am admitted to practice before the U.S. District Court for the

6

Northern District of California. I am familiar with the facts set forth herein, and, if called as a

7

witness, I could and would testify competently to those facts under oath.

8
2.

9
10

The parties have exchanged various correspondence regarding the production of

source code for the accused Apple products. Attached as Exhibit A is a true and correct copy of

11 a letter from me to Melissa Chan (counsel for Samsung) dated December 6, 2011. Attached as
12 Exhibit B is a true and correct copy of a letter from Diane Hutnyan (counsel for Samsung) to Mia
13
14

Mazza (counsel for Apple) dated January 2, 2012. Attached as Exhibit C is a true and correct
copy of an email from Peter Kolovos (counsel for Apple) to Diane Hutnyan dated January 3,

15
16
17

2012. Attached as Exhibit D is a true and correct copy of a letter from Mia Mazza to Charles
Verhoeven (counsel for Samsung) dated January 7, 2012.

18
19

3.

We understand that counsel for Samsung and Intel have been in communication

since at least December 22, 2011 about the production of Intel’s baseband source code for

20
21

Apple’s accused products. Attached as Exhibit E is a true and correct copy of a letter from

22 Christopher Kelly (counsel for Intel) to Todd Briggs (counsel for Samsung) sent on January 13,
23 2012.
24

4.

With its patent local rule disclosures, Apple produced detailed schematics,

25
26

schematic board diagrams, and programming guides for the accused Apple products. These

27 documents show circuit schematics, pin layouts, and subcomponents of the accused products,
28 and include a comprehensive guide on programming in iOS. Apple’s production of technical

2

DECLARATION OF SAMUEL J. MASELLI IN
SUPPORT OF APPLE’S OPPOSITION TO
SAMSUNG’S MOTION TO COMPEL
Case No. 11-cv-01846 (LHK)

1

documents related to the accused Apple products has continued both in this action and a related

2

action between the parties -- to date, Apple’s total production across both United States cases

3

includes over four million pages of documents relevant to this action from the files of Apple

4
engineers whose work relates to the accused Apple products. These materials include additional
5
6

schematics, bills of material, specifications, testing data, certification documentation, project

7

build status information and data, and email correspondence concerning accused product

8

technical issues.

9
5.

With respect to technical documents relating to the Intel baseband processor chips

10
11

used in the accused Apple products, on January 11, 2012, Intel provided Apple consent to

12

produce to Samsung those Intel documents that Apple has located thus far (as reflected in

13

Exhibit E). Apple will be producing over 21,000 pages of these documents to Samsung this

14

week. These documents reflect

15
16
17
18
19
20
21
22
23
24
25
26
27
28

3

DECLARATION OF SAMUEL J. MASELLI IN
SUPPORT OF APPLE’S OPPOSITION TO
SAMSUNG’S MOTION TO COMPEL
Case No. 11-cv-01846 (LHK)

1
2

I declare under penalty of perjury that the foregoing is true and correct to the best of my
knowledge. Executed on this 17th day of January, 2012, in Palo Alto, California.

3
4
5

Dated: January 17, 2012

/s/ Samuel J. Maselli
Samuel J. Maselli

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

4

DECLARATION OF SAMUEL J. MASELLI IN
SUPPORT OF APPLE’S OPPOSITION TO
SAMSUNG’S MOTION TO COMPEL
Case No. 11-cv-01846 (LHK)