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

Filing 660

Administrative Motion to File Under Seal Apple Inc.'s Notice of Motion and Motion for Partial Summary Judgment filed by Apple Inc.(a California corporation). (Attachments: #1 Declaration Tierney Decl ISO Motion to Seal, #2 Proposed Order Proposed Order Granting Apple's Motion to Seal, #3 Motion for Partial Summary Judgment, #4 Declaration Hieta Declaration ISO Motion for Partial Summary Judgment, #5 Exhibit Hieta Decl Exhibit 1, #6 Exhibit Hieta Decl Exhibit 2, #7 Exhibit Hieta Decl Exhibit 3, #8 Exhibit Hieta Decl Exhibit 4, #9 Declaration Mueller Declaration ISO Motion for Partial Summary Judgment, #10 Proposed Order Proposed Order Granting Partial Summary Judgment)(Selwyn, Mark) (Filed on 1/25/2012)

1
2
3
4
5
6

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]

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]
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
11

Attorneys for Plaintiff and CounterclaimDefendant Apple Inc.

12
13

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

14
15
16

APPLE INC., a California corporation,

17

Plaintiff,

18
19
20
21
22
23

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,

DECLARATION OF JOSEPH J.
MUELLER IN SUPPORT OF APPLE
INC.’S MOTION FOR PARTIAL
SUMMARY JUDGMENT

Defendant.

24
25
26
27
28

1

DECLARATION OF JOSEPH J. MUELLER IN
SUPPORT OF APPLE INC.’S MOTION
Case No. 11-cv-01846 (LHK)

OPPOS
FOR

1
2
3
4
5

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, a
California corporation,

6
7

Counterclaim-Plaintiffs,
v.

8
9

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

10
11
12
13
14

I, Joseph J. Mueller, hereby declare that:
1.

I am a partner at the law firm of Wilmer Cutler Pickering Hale and Dorr, LLP,

and counsel for Apple Inc. (“Apple”) in the above-entitled action.

15
16

2.

Attached as Exhibit 1 is a true and correct copy of the document produced as

17

APLNDC-WH-A 0000022804, the “Statutes of the European Telecommunications Standards

18

Institute Version approved by General Assembly #01 on 29-30 March 1988.”

19

3.

Attached as Exhibit 2 is a true and correct copy the document produced as

20
21
22
23
24

APLNDC-WH-A 0000012542, Annex 6 to the ETSI Rules of Procedure, the ETSI Intellectual
Property Rights Policy, adopted on November 18, 1997.
4.

Attached as Exhibit 3 is a true and correct copy of the document produced as

APLNDC-WH-A 0000011943, Revised Minutes for 3GPP TSG-RAN WG1 24th Meeting,

25
26
27

TSGR1-02-0628, which refer throughout to communications among the group using the “email
reflector.”

28

2

DECLARATION OF JOSEPH J. MUELLER IN
SUPPORT OF APPLE INC.’S MOTION
Case No. 11-cv-01846 (LHK)

OPPOS
FOR

1
2
3

5.

Attached as Exhibit 4 is a true and correct copy of the document produced as

APLNDC-WH-A 0000013077, US Patent No. 7,386,001, “Apparatus and Method for Channel
Coding and Multiplexing in CDMA Communication System.”

4
5

6.

Attached as Exhibit 5 is a true and correct copy of the document produced as

6

APLNDC-WH-A 0000009375, Samsung’s IPR Information Statement and Licensing

7

Declaration, Sept. 19, 2003.

8
9

7.

Attached as Exhibit 6 is a true and correct copy the document produced as

10

APLNDC-WH-A 0000009991, an email from Beongjo Kim to 3GPP TSG RAN WG1 regarding

11

“AH04: Missing multiplexing rules” (June 29, 1999, 16:20).

12

8.

Attached as Exhibit 7 is a true and correct copy the document produced as

13
APLNDC-WH-A 0000009980, an email from Beongjo Kim to 3GPP TSG RAN WG1 regarding
14
15
16
17

“AH4: Text proposal with Tdoc number (99-892)” (July 9, 1999, 8:23).
9.

Attached as Exhibit 8 is a true and correct copy of the document produced as

APLNDC-WH-A0000022854, a screenshot of the 3GPP website showing RP meeting numbers

18
associated with each version of TS 25.212.
19
20

10.

Attached as Exhibit 9 is a true and correct copy of the document produced as

21

APLNDC-WH-A0000022943, a screenshot of the 3GPP website showing the dates on which

22

particular RP meetings were held.

23
24

11.

Attached as Exhibit 10 is a true and correct copy of the document produced as

25

APLNDC-WH-A 0000018113, US Patent No. 7,362,867, “Apparatus and Method for

26

Generating Scrambling Code In UMTS Mobile Communication System.”

27
28

3

DECLARATION OF JOSEPH J. MUELLER IN
SUPPORT OF APPLE INC.’S MOTION
Case No. 11-cv-01846 (LHK)

OPPOS
FOR

1
2
3

12.

Attached as Exhibit 11 is a true and correct copy of the document produced as

APLNDC-WH-A 0000012263, an email from Jaeyoel Kim to 3GPP TSG RAN WG1 regarding
“AH10: Tdoc for multiple-scrambling code” (July 8, 1999, 2:11).

4
5

13.

Attached as Exhibit 12 is a true and correct copy of the document produced as

6

APLNDC-WH-A 0000010006, the Draft Minutes for 3GPP RAN-TSG 6th WG1 Meeting,

7

TSGR1-A58/99.

8
9

14.

Attached as Exhibit 13 are true and correct copies documents produced as

10

APLNDC-WH-A 0000012243, APLNDC-WH-A 0000012255 and APLNDC-WH-A

11

0000012246 which are three emails from Jaeyoel Kim to 3GPP TSG RAN WG1 regarding

12

“AH10: R1-99915 Multiple scrambling code” (Aug. 11, 1999, 8:44; July 22, 1999, 15:01; and

13

August 12, 1999, 18:37).

14
15

15.

Attached as Exhibit 14 are true and correct copies documents produced as

16

APLNDC-WH-A 0000012258 and APLNDC-WH-A 0000012262 which are an email and its

17

attachment from Jaeyoel Kim to 3GPP TSG RAN WG1 regarding “AH10, R1-99b59 multiple

18

scrambling code” (Aug. 26, 1999, 1:08 KST).

19
20

16.

Attached as Exhibit 15 is a true and correct copy of the document produced as

21

APLNDC-WH-A 0000010064, the Revised Minutes for 3GPP RAN-TSG 7th WG1 Meeting,

22

TSGR1#8(99)g43.

23

17.

Attached as Exhibit 16 is a true and correct copy of the document produced as

24
25
26

APLNDC-WH-A 0000022857, a screenshot of the 3GPP website showing RP meeting numbers
associated with each version of TS 25.213.

27
28

4

DECLARATION OF JOSEPH J. MUELLER IN
SUPPORT OF APPLE INC.’S MOTION
Case No. 11-cv-01846 (LHK)

OPPOS
FOR

1
2
3

18.

Attached as Exhibit 17 is a true and correct copy of the document produced as

APLNDC-WH-A 0000014034, U.S. Patent No. 7,050,410, “Apparatus and Method for
Controlling a Demultiplexer and a Multiplexer Used for Rate Matching in a Mobile

4
Communication System.”
5
6

19.

Attached as Exhibit 18 is a true and correct copy of the document produced as

7

APLNDC-WH-A 0000010281, an email from Min Goo Kim to 3GPP TSG RAN WG1 regarding

8

“AH04 & AH05: Proposal of unified rate matching scheme” (July 8, 1999, 19:43).

9
10

20.

Attached as Exhibit 19 are true and correct copies of documents produced as

11

APLNDC-WH-A 0000010279 and APLNDC-WH-A 0000010708 which are an email and its

12

attachment from Min Goo Kim to 3GPP TSG RAN WG1 regarding “AH04 & AH05 Tdoc 919:

13

Unified rate matching scheme” (July 10, 1999, 16:21).

14
15

21.

Attached as Exhibit 20 is a true and correct copy of the document produced as

16

APLNDC-WH-A 0000010518, a Samsung Proposal, “Text Proposal for Turbo codes and rate

17

matching in TS 25.212, TS 25.222 (rev. of R1-99d56), TSGR1#7 (99)d84.

18
22.

Attached as Exhibit 21 is a true and correct copy of the document produced as

19
20
21
22
23

APLNDC-WH-A 0000016618, U.S. Patent No. 6,928,604, “Turbo Encoding/Decoding Device
and Method for Processing Frame Data According to QOS.”
23.

Attached as Exhibit 22 is a true and correct copy of the document produced as

APLNDC-WH-A 0000011302, an Ericsson Proposal, “Transport block concatenation and code

24
25

block segmentation,” TSGR1#7 (99)b32.

26
27
28

5

DECLARATION OF JOSEPH J. MUELLER IN
SUPPORT OF APPLE INC.’S MOTION
Case No. 11-cv-01846 (LHK)

OPPOS
FOR

1
2
3

24.

Attached as Exhibit 23 is a true and correct copy of the document produced as

APLNDC-WH-A 0000010046, an Ericsson Proposal, “Text proposal for 25.212,” TSGR1#7
(99)d76.

4
5
6
7

25.

Attached as Exhibit 24 is a true and correct copy of certain deposition testimony

in this matter from Hyeon-Woo Lee, pages 11-18 of the transcript.
26.

Attached as Exhibit 25 is a true and correct copy of the document produced as

8
9

APLNDC-WH-A 0000018762, U.S. Patent No. 7,675,941, “Method and Apparatus for

10

Transmitting/Receiving Packet Data Using Pre-Defined Length Indicator in a Mobile

11

Communication System.”

12

27.

Attached as Exhibit 26 is a true and correct copy of the document produced as

13
APLNDC-WH-A 0000009442, Samsung’s “IPR Information Statement and Licensing
14
15
16
17

Declaration,” August 7, 2007.
28.

Attached as Exhibit 27 is a true and correct copy of the document produced as

APLNDC-WH-A 0000008857, the approved Minutes of the 47 TSG-RAN WG2 Meeting, R2-

18
052063.
19
20
21

29.

Attached as Exhibit 28 is a true and correct copy of the document produced as

APLNDC-WH-A 0000009356, the participants list from the 47 TSG-RAN WG2 Meeting.

22
30.

Attached as Exhibit 29 is a true and correct copy of the document produced as

23
24
25

APLNDC-WH-A 0000022862, a screenshot of the 3GPP website showing RP meeting numbers
associated with each version of TS 25.322.

26
27
28

6

DECLARATION OF JOSEPH J. MUELLER IN
SUPPORT OF APPLE INC.’S MOTION
Case No. 11-cv-01846 (LHK)

OPPOS
FOR

1
2
3

31.

Attached as Exhibit 30 is a true and correct copy of the document produced as

APLNDC-WH-A 0000017615, U.S. Patent No. 7,200,792, “Interleaving Apparatus and Method
for Symbol Mapping in an HSDPA Mobile Communication System.”

4
5

32.

Attached as Exhibit 31 is a true and correct copy of the document produced as

6

APLNDC-WH-A 0000009482, Samsung’s IPR Information Statement and Licensing

7

Declaration, July 24, 2008.

8
9

33.

Attached as Exhibit 32 is a true and correct copy of the document produced as

10

APLNDC-WH-A 0000011411, a Samsung Proposal, “Enhanced Symbol Mapping method for

11

the modulation of Turbo-coded bits based on bit priority,” 12A010044.

12

34.

Attached as Exhibit 33 is a true and correct copy of the document produced as

13
APLNDC-WH-A 0000011441, the approved report of the joint TSG-RAN WG1/WG2 meeting
14
15
16
17

on HSDPA, 12A010045.
35.

Attached as Exhibit 34 is a true and correct copy of the document produced as

APLNDC-WH-A 0000010870, the approved Report of 3GPP TSG RAN WG1 #38, R1-041469.

18
19

36.

Attached as Exhibit 35 is a true and correct copy of the document produced as

20

APLNDC-WH-A 0000011834, a Siemens, Motorola, Samsung Proposal, “Text Proposal for Bit

21

Distribution unit for HS-DSCH,” Tdoc R1-02-0444.

22
37.

Attached as Exhibit 36 is a true and correct copy of the document produced as

23
24
25

APLNDC-WH-A 0000015619, U.S. Patent No. 7,447,516, “Method and Apparatus for Data
Transmission in a Mobile Telecommunication System Supporting Enhanced Uplink Service.”

26
27
28

7

DECLARATION OF JOSEPH J. MUELLER IN
SUPPORT OF APPLE INC.’S MOTION
Case No. 11-cv-01846 (LHK)

OPPOS
FOR

1
2
3

38.

Attached as Exhibit 37 is a true and correct copy of the document produced as

APLNDC-WH-A 0000009415, Samsung’s IPR Information Statement and Licensing
Declaration, May 16, 2006.

4
5

39.

Attached as Exhibit 38 are true and correct copies of the documents produced as

6

APLNDC-WH-A 0000010791 and APLNDC-WH-A 0000010862, an email and attachment from

7

Juho Lee to 3GPP TSG RAN WG1 regarding “Another set of Samsung contributions on

8

enhanced uplink,” (Aug. 12, 2004, 16:10).

9
10

40.

Attached as Exhibit 39 are true and correct copies of the documents produced as

11

APLNDC-WH-A 0000010793 and APLNDC-WH-A 0000010864, an email and attachment from

12

Juho Lee to 3GPP TSG RAN WG1 regarding “A set of Samsung contributions on enhanced

13

uplink,” (Aug. 12, 2004, 11:24).

14
15

41.

Attached as Exhibit 40 is a true and correct copy of the document produced as

16

APLNDC-WH-A 0000011016, the approved report of 3GPP TSG RAN WG1 #40 in Scottsdale,

17

R1-050369.

18
42.

Attached as Exhibit 41 is a true and correct copy of the document produced as

19
20
21
22
23

APLNDC-WH-A 0000011085, the approved report of 3GPP TSG RAN WG1 #40bis in Beijing,
R1-050574.
43.

Attached as Exhibit 42 is a true and correct copy of the document produced as

APLNDC-WH-A 0000011139, the approved report of 3GPP TSG RAN WG1 #41 in Athens,

24
25

R1-050995.

26
27
28

8

DECLARATION OF JOSEPH J. MUELLER IN
SUPPORT OF APPLE INC.’S MOTION
Case No. 11-cv-01846 (LHK)

OPPOS
FOR

1
2
3

44.

Attached as Exhibit 43 is a true and correct copy of the document produced as

APLNDC-WH-A 0000010855, an email from Juho Lee to 3GPP TSG RAN WG1 regarding “Set
of E-DCH CRs for R1#41,” (May 3, 2005, 00:43).

4
5

45.

Attached as Exhibit 44 is a true and correct copy of the document produced as

6

APLNDC-WH-A 0000010854, an email from Dirk Gerstenberger to 3GPP TSG RAN WG1

7

regarding “Confirmation of approval of CR 25.214-363 (Tdoc R1-050565).”

8
9

46.

Attached as Exhibit 45 is a true and correct copy of the document produced as

10

APLNDC-WH-A 0000022859, a screenshot of the 3GPP website showing RP meeting numbers

11

associated with each version of TS 25.214.

12

47.

Attached as Exhibit 46 is a true and correct copy of the document produced as

13
SAMNDCA00027538, the “Patent Cross License Agreement Between Samsung Electronics Co.,
14
15
16
17

Ltd., and Intel Corporation” with an effective date of January 1, 1993.
48.

Attached as Exhibit 47 is a true and correct copy of the document produced as

SAMNDCA00027519, the “Amendment Number 1 to the Patent Cross License Agreement

18
Between Samsung Electronics Co., Ltd., and Intel Corporation Having an Effective Date of
19
20
21
22
23

January 1, 1993” with an Amendment Date of March 18, 2003.
49.

Attached as Exhibit 48 is a true and correct copy of the document produced as

SAMNDCA00027524, “Amendment Number 2 to the Patent Cross License Agreement Between
Samsung Electronics Co., Ltd., and Intel Corporation Having an Effective Date of January 1,

24
25
26
27

1993” with an Effective Date of July 1, 2004.
50.

Attached as Exhibit 49 is a true and correct copy of Samsung Electronics Co. Ltd.

v. S.A.R.L. Apple France, Tribunal de Grande Instance, Paris, RG No. 11/58301, Dec. 8, 2011.

28

9

DECLARATION OF JOSEPH J. MUELLER IN
SUPPORT OF APPLE INC.’S MOTION
Case No. 11-cv-01846 (LHK)

OPPOS
FOR

51.

1
2

Attached as Exhibit 50 is a true and correct copy of Samsung Electronics Co. v.

Apple Inc., Court of Milan, General Record No. 45629-1/2011, Dec. 16, 2011.

3
52.

4
5

APLNDC-WH-A 0000009374, Samsung’s IPR Licensing Declaration, December 14-18, 1998.

6
7

Attached as Exhibit 51 is a true and correct copy of the document produced as

53.

Attached as Exhibit 52 is a true and correct copy of Hearing Transcript, In the

Matter of Certain 3G Wideband Code Division Multiple Access Mobile Handsets and

8
9
10

Components Thereof, Inv. No. 337-TA-601 (ITC July 11, 2008), (APLNDC-WH-A
0000022865).

11
12

54.

Attached as Exhibit 53 is a true and correct copy of the document produced as

APLNDC-WH-A 0000022602, Samsung’s Re-Amended Defence and Counterclaim filed in

13
Telefonaktiebolaget LM Ericsson v. Samsung Electronics UK Limited HC06 C00618, March 15,
14
15
16
17

2007.
55.

Attached as Exhibit 54 is a true and correct copy of the Declaration of Professor

Nicolas Molfessis in Support of Apple Inc.’s Opposition to Samsung’s Motion to Dismiss

18
Apple’s Counterclaims filed on December 20, 2011 [Dkt. 522].
19
20

56.

Attached as Exhibit 55 is a true and correct copy of correspondence with counsel

21

for Samsung seeking production of the Intel license. This correspondence began on September

22

7, 2011 and ended on October 3, 2011.

23
24

57.

Attached as Exhibit 56 is a true and correct copy of Samsung’s Disclosure of

25

Asserted Claims and Infringement Contentions [Patent L.R. 3-1, 3-2] filed in this action on

26

September 7, 2011.

27
28

10

DECLARATION OF JOSEPH J. MUELLER IN
SUPPORT OF APPLE INC.’S MOTION
Case No. 11-cv-01846 (LHK)

OPPOS
FOR

1
2
3

58.

Attached as Exhibit 57 is a true and correct copy of Exhibit A to Samsung’s

Disclosure of Asserted Claims and Infringement Contentions [Patent L.R. 3-1, 3-2] filed in this
action on September 7, 2011 which relates to the ’604 Patent.

4
5

59.

Attached as Exhibit 58 is a true and correct copy of Exhibit B to Samsung’s

6

Disclosure of Asserted Claims and Infringement Contentions [Patent L.R. 3-1, 3-2] filed in this

7

action on September 7, 2011 which relates to the ’410 Patent.

8
9

60.

Attached as Exhibit 59 is a true and correct copy of Exhibit E to Samsung’s

10

Disclosure of Asserted Claims and Infringement Contentions [Patent L.R. 3-1, 3-2] filed in this

11

action on September 7, 2011 which relates to the ’792 Patent.

12

61.

Attached as Exhibit 60 is a true and correct copy of Exhibit F to Samsung’s

13
Disclosure of Asserted Claims and Infringement Contentions [Patent L.R. 3-1, 3-2] filed in this
14
15
16
17

action on September 7, 2011 which relates to the ’867 Patent.
62.

Attached as Exhibit 61 is a true and correct copy of Exhibit G to Samsung’s

Disclosure of Asserted Claims and Infringement Contentions [Patent L.R. 3-1, 3-2] filed in this

18
action on September 7, 2011 which relates to the ’001 Patent.
19
20

63.

Attached as Exhibit 62 is a true and correct copy of Exhibit H to Samsung’s

21

Disclosure of Asserted Claims and Infringement Contentions [Patent L.R. 3-1, 3-2] filed in this

22

action on September 7, 2011 which relates to the ’516 Patent.

23
24

64.

Attached as Exhibit 63 is a true and correct copy of Exhibit K to Samsung’s

25

Disclosure of Asserted Claims and Infringement Contentions [Patent L.R. 3-1, 3-2] filed in this

26

action on September 7, 2011 which relates to the ’941 Patent.

27
28

11

DECLARATION OF JOSEPH J. MUELLER IN
SUPPORT OF APPLE INC.’S MOTION
Case No. 11-cv-01846 (LHK)

OPPOS
FOR

1
2
3

65.

Attached as Exhibit 64 is a true and correct copy of a screenshot of the Intel

website. See, Intel Corporation website http://www.intel.com/content/www/us/en/wirelessproducts/mobile-communications/company-overview.html (last visited January 24, 2012).

4
5

66.

Attached as Exhibit 65 is a true and correct copy of Brief of Amici Curiae Nvidia

6

Corp., Micron Tech. Inc., Samsung Elecs. Corp., and Hynix Semiconductor, Inc. on the Issue of

7

the Appropriate Remedy for Rambus’s Violations of the FTC Act at 4, In the Matter of Rambus,

8

Inc., No. 9302 (Federal Trade Commission Sept. 15, 2006).

9
10
11

67.

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

on this 25th day of January, 2012, in Boston, Massachusetts.

12
13

Dated: January 25, 2012

/s/ Joseph J. Mueller
Joseph J. Mueller

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

12

DECLARATION OF JOSEPH J. MUELLER IN
SUPPORT OF APPLE INC.’S MOTION
Case No. 11-cv-01846 (LHK)

OPPOS
FOR

1
2
3

CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the above and foregoing
document has been served on January 25, 2012, to all counsel of record who are deemed to have

4
consented to electronic service per Civil Local Rule 5.4.
5
6

/s/ Joseph J. Mueller
Joseph J. Mueller

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

13

DECLARATION OF JOSEPH J. MUELLER IN
SUPPORT OF APPLE INC.’S MOTION
Case No. 11-cv-01846 (LHK)

OPPOS
FOR