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)

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1 2 3 4 5 6 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 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 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 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)

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