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)

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1 2 3 4 5 6 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 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 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 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

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