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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HAROLD J. MCELHINNY (CA SBN 66781)
[e-mail]
MICHAEL A. JACOBS (CA SBN 111664)
[e-mail]
JENNIFER LEE TAYLOR (CA SBN 161368)
[e-mail]
ALISON M. TUCHER (CA SBN 171363)
[e-mail]
RICHARD S.J. HUNG (CA SBN 197425)
[e-mail]
JASON R. BARTLETT (CA SBN 214530)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: [phone]

WILLIAM F. LEE
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
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]

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Attorneys for Plaintiff and
Counterclaim-Defendant APPLE INC.

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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.,

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Case No.
Plaintiff,

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

11-cv-01846-LHK (PSG)

DECLARATION OF JASON R.
BARTLETT IN SUPPORT OF
APPLE’S OPPOSITION TO
SAMSUNG’S MOTION TO
ENFORCE VARIOUS COURT
ORDERS

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Defendants.
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PUBLIC REDACTED VERSION
EXHIBITS B, D, F, G and H SUBMITTED UNDER SEAL

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DECLARATION OF JASON R. BARTLETT ISO APPLE’S OPPOSITION TO SAMSUNG’S MOTION TO ENFORCE
CASE NO. 11-CV-01846 LHK (PSG)
sf-3094606

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I, JASON R. BARTLETT, declare as follows:

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I am a partner at the law firm of Morrison & Foerster LLP, counsel for Apple Inc.

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(“Apple”). I am licensed to practice law in the State of California. I have personal knowledge of

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the matters stated herein or understand them to be true from members of my litigation team. I

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make this declaration in support of Apple’s Opposition to Samsung’s Motion to Enforce Various

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Court Orders.

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2.

Apple finished producing all designer sketchbooks it could find relating to the

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patents-in-suit by December 30, 2011. Apple discovered five additional sketchbooks belonging

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to Apple designer Bart Andre after December 30, and immediately inspected the sketchbooks to

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identify pages relevant to the asserted designs. Apple produced the twenty-two unredacted pages

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of content it identified as relevant, as well as additional redacted pages and covers, on January 9,

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2012. On information and belief, Apple has now produced sketchbooks relating to all design

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patents-in-suit.

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3.

Apple disclosed on November 15, 2011 that it used a 2003 date cut-off in

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connection with Industrial Designer document productions. A true and correct copy of portions

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of Apple’s transparency disclosures is attached as Exhibit A, showing that individuals Samsung

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knew to be industrial designers were given a search term list with a date limitation of “June 1,

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2003 to April 30, 2011.” A true and correct copy of a letter sent by Apple to Samsung on January

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5, 2012 summarizing Apple’s position on a number of discovery issues, including a summary of

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the correspondence and discussions on sketchbook productions, is attached as Exhibit B.

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Irrelevant information relating to a license agreement and internal code names for projects has

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been redacted to avoid unnecessary issues in Apple’s motion to file under seal in both Exhibits A

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and B.

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4.

Apple began producing computer-aided design (“CAD”) files during the

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preliminary injunction phase of this case. On information and belief, Apple has produced all

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CAD files, including all drafts, all sketches, and all design models that it has been able to find that

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industrial designers created or had created when they were designing the products at issue. By

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December 31, Apple had produced industrial design CAD files covering all announced
DECLARATION OF JASON R. BARTLETT ISO APPLE’S OPPOSITION TO SAMSUNG’S MOTION TO ENFORCE
CASE NO. 11-CV-01846 LHK (PSG)
sf-3094606

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generations of iPhone, iPod touch, and iPad, as well as CAD relating to the 035 model that

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Samsung requested. Attached as Exhibit C is a true and correct copy of an Apple CAD file that

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was produced to Samsung bearing the Bates label APLNDC-NCC00000119.

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5.

Samsung notified Apple on January 4, 2012 that it was unable to open two CAD

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files that Apple had produced. On January 7, 2012, Apple responded that while it was

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investigating the issue, it would provide the CAD in PDF form. A true and correct copy of this e-

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mail exchange is attached as Exhibit D.

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6.

Apple sent a letter to Samsung on January 13, 2012 explaining that the above-

referenced CAD files should be opened by choosing File Open from the relevant software

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application, as opposed to double-clicking the file icons. A true and correct copy of this letter is

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attached as Exhibit E.

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On January 9, 2012, Apple provided notice to Samsung that it would make its

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design models available for inspection on January 13. A true and correct copy of this letter is

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attached as Exhibit F. On information and belief,

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,

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e

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Samsung attended this inspection and Apple agreed via e-mail to provide additional days for

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inspection. A true and correct copy of this e-mail exchange is attached as Exhibit G.

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8.

Apple has canvassed individuals working on touch hardware, design, operating

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system software, core driver software, and product design to identify any working prototypes, and

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has asked that Samsung do the same. Samsung has not responded to this request. On information

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and belief, many Apple engineers have old dead parts sitting in desk drawers, on shelves, or in

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boxes. It would be an enormous burden to Apple to collect, transport, and present for inspection

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non-working prototype pieces and parts.

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DECLARATION OF JASON R. BARTLETT ISO APPLE’S OPPOSITION TO SAMSUNG’S MOTION TO ENFORCE
C ASE NO. 11-CV-01846 LHK (PSG)
sf-3094606

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Samsung has requested that Apple de-designate photographs of the Model 035

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tablet taken by Samsung. Concurrently with this filing, Apple is producing to Samsung de-

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designated photographs with scale and size information redacted and no confidentiality

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designations. Attached as Exhibit I is a true and correct copy of the cover letter to this

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production.

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11.

On November 28, Apple identified for Samsung what files it searched to find

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photographs submitted to the USPTO during the prosecution of the D’889 patent. A true and

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correct copy of this correspondence is attached as Exhibit J.

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12.

Attached as Exhibit K is a true and correct copy of selections from the January 6,

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2012 deposition in connection with Investigation No. 337-TA-796 before the U.S. International

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Trade Commission.

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I declare under penalty of perjury that the foregoing is true and correct. Executed this 17th
day of January, 2012 at San Francisco, California.

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/s/ Jason R Bartlett
Jason R. Bartlett

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DECLARATION OF JASON R. BARTLETT ISO APPLE’S OPPOSITION TO SAMSUNG’S MOTION TO ENFORCE
C ASE NO. 11-CV-01846 LHK (PSG)
sf-3094606

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ATTESTATION OF E-FILED SIGNATURE
I, Michael A. Jacobs, am the ECF User whose ID and password are being used to file this

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Declaration. In compliance with General Order 45, X.B., I hereby attest that Jason R. Bartlett has

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concurred in this filing.

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Dated: January 17, 2012

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sf-3094606

/s/ Michael A. Jacobs
Michael A. Jacobs