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

Filing 658

First MOTION for Leave to Supplement Its Infringement Contentions filed by Samsung Electronics Co. Ltd.. (Attachments: #1 Declaration in support, #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 Proposed Order Granting Motion for Leave to Amend)(Maroulis, Victoria) (Filed on 1/25/2012) Modified text on 1/26/2012 (dhm, COURT STAFF).

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Bar No. 170151)
 [e-mail]
50 California Street, 22nd Floor
 San Francisco, California 94111
Telephone: [phone]
 Facsimile: [phone]


Kevin P.B. Johnson (Bar No. 177129
[e-mail]
 Victoria F. Maroulis (Bar No. 202603)
[e-mail]
555 Twin Dolphin Drive, 5th Floor

Redwood Shores, California 94065-2139
[phone]
 Telephone:
Facsimile:
[phone]



Michael T. Zeller (Bar No. 196417)
[e-mail]
865 S. Figueroa St., 10th Floor

Los Angeles, California 90017
 Telephone: [phone]
Facsimile: [phone]

 Attorneys for SAMSUNG ELECTRONICS CO.,
LTD., SAMSUNG ELECTRONICS AMERICA,
 INC. and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC



UNITED STATES DISTRICT COURT



NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION


 APPLE INC., a California corporation,

CASE NO. 11-cv-01846-LHK



DECLARATION OF TODD BRIGGS IN
SUPPORT OF SAMSUNG'S MOTION
FOR LEAVE TO SUPPLEMENT ITS
INFRINGEMENT CONTENTIONS



Plaintiff,
vs.

 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,

Defendant.


02198.51855/4565923.4



Case No. 11-cv-01846-LHK
BRIGGS DECLARATION IN SUPPORT OF SAMSUNG’S MOTION
FOR LEAVE TO SUPPLEMENT ITS INFRINGEMENT CONTENTIONS
________

1

I, Todd M. Briggs, declare:



1.

I am a partner at Quinn Emanuel Urquhart & Sullivan, LLP, counsel for Samsung

 Electronics Co., Ltd., Samsung Electronics America, Inc. and Samsung Telecommunications
 America, LLC (collectively, “Samsung”). I am licensed to practice law in the State of California.
 I submit this declaration in support of Samsung’s Motion for Leave to Amend Infringement
 Contentions. I have personal knowledge of the facts set forth in this declaration and, if called
 upon as a witness, I could and would testify to the following facts.


2.

Attached hereto as Exhibit A is a true and accurate copy of the cover pleading for

 Samsung’s Infringement Contentions.


3.

Attached hereto as Exhibit B is a true and accurate copy of Apple’s press release

 announcing the iPhone 4S, downloaded January 24, 2012, from
 http://www.apple.com/pr/library/2011/10/04Apple-Launches-iPhone-4S-iOS-5-iCloud.html.


4.

Samsung began investigating the iPhone 4S immediately after the product was

 launched.


5.

Attached hereto as Exhibit C is a true and accurate copy of correspondence from

 counsel for Apple, received November 9, 2011.


6.

Attached hereto as Exhibit D is a true and accurate copy of correspondence to

 counsel for Apple, sent November 22, 2011.


7.

Attached hereto as Exhibit E is a true and accurate copy of correspondence from

 counsel for Apple, received November 30, 2011.


8.

Attached hereto as Exhibit F is a true and accurate copy of correspondence to

 counsel for Apple, sent December 5, 2011.


9.

Attached hereto as Exhibit G is a true and accurate copy of correspondence from

 counsel for Apple, received December 14, 2011.


10.

Attached hereto as Exhibit H is a true and accurate copy of correspondence to

 counsel for Apple, sent December 22, 2011.




Case No. 11-cv-01846-LHK
BRIGGS DECLARATION IN SUPPORT OF SAMSUNG’S MOTION
FOR LEAVE TO SUPPLEMENT ITS INFRINGEMENT CONTENTIONS

1

1

11.

Attached hereto as Exhibit I is a true and accurate copy of correspondence to

2 counsel for Apple, sent December 29 and 30, 2011.
3

12.

On December 30 , 2011, I spoke with Mark Selwyn, counsel for Apple, by

4 teleconference. During that teleconference Mr. Selwyn asked Samsung to prepare a draft
5 supplemental infringement contention charts. Mr. Selwyn further stated Apple sought to assert its
6 patents in suit against the Samsung products raised in Apple’s letter of November 9 (Exhibit C to
7 this declaration).
8

13.

Attached hereto as Exhibit J is a true and accurate copy of correspondence to

9 counsel for Apple, sent January 4, 2012. Sub-exhibits J-2, J-3, and J-4 reflect draft supplement
10 infringement contentions. On Exhibit J-4, the only substantive change is reflected on pages 1 and
11 2.
12

14.

On January 4, 2012, I spoke with Mr. Selwyn by teleconference. During the

13 teleconference, Mr. Selwyn represented Samsung’s draft supplemental infringement contentions
14 were acceptable. Mr. Selwyn further stated he would send Samsung a draft stipulation by the end
15 of the week..
16

15.

Attached hereto as Exhibit K is a true and accurate copy of correspondence from

17 counsel for Apple, received January 6, 2012.
18

16.

Apple’s proposed stipulation (Exhibit K to this declaration ) contained 13 Samsung

19 products that Apple did not raise prior to January 6, 2012.
20

17.

Attached hereto as Exhibit L is a true and accurate copy of correspondence to

21 counsel for Apple, sent January 10 and 18, 2012.
22

18.

Attached hereto as Exhibit M is a true and accurate copy of correspondence to

23 counsel for Apple, sent January 20, 2012.
24

19.

On January 20, 2012, I spoke with counsel for Apple , seeking Apple’s position on

25 the thirteen, previously unidentified products.
26

20.

On January 21, 2012, Mr. Selwyn left a voice message stating that Apple’s final

27 position was reflected in the draft stipulation, received on January 6, 2012.
28

Case No. 11-cv-01846-LHK
BRIGGS DECLARATION IN SUPPORT OF SAMSUNG’S MOTION
FOR LEAVE TO SUPPLEMENT ITS INFRINGEMENT CONTENTIONS

2

1
2

I declare under penalty of perjury that the foregoing is true and correct. Executed in

3 Redwood Shores, California on January 24, 2012.
4

/s/ Todd Briggs

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Case No. 11-cv-01846-LHK
BRIGGS DECLARATION IN SUPPORT OF SAMSUNG’S MOTION
FOR LEAVE TO SUPPLEMENT ITS INFRINGEMENT CONTENTIONS

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General Order Attestation
I, Victoria F. Maroulis, am the ECF user whose ID and password are being used to file this

3 Declaration. In compliance with General Order 45(X)(B), I hereby attest that Todd M. Briggs has
4 concurred in this filing.
5

/s/ Victoria Maroulis

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Case No. 11-cv-01846-LHK
BRIGGS DECLARATION IN SUPPORT OF SAMSUNG’S MOTION
FOR LEAVE TO SUPPLEMENT ITS INFRINGEMENT CONTENTIONS

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