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

Filing 663

EXHIBITS re #660 Administrative Motion to File Under Seal Apple Inc.'s Notice of Motion and Motion for Partial Summary Judgment Exhibits to Mueller Declaration ISO Apple's Motion for Partial Summary Judgment [660-9] filed byApple Inc.(a California corporation). (Attachments: #1 Exhibit Mueller Decl Exhibit 43, #2 Exhibit Mueller Decl Exhibit 44, #3 Exhibit Mueller Decl Exhibit 45, #4 Exhibit Mueller Decl Exhibit 46, #5 Exhibit Mueller Decl Exhibit 47, #6 Exhibit Mueller Decl Exhibit 48, #7 Exhibit Mueller Decl Exhibit 49, #8 Exhibit Mueller Decl Exhibit 50, #9 Exhibit Mueller Decl Exhibit 51, #10 Exhibit Mueller Decl Exhibit 52, #11 Exhibit Mueller Decl Exhibit 53, #12 Exhibit Mueller Decl Exhibit 54, #13 Exhibit Mueller Decl Exhibit 55, #14 Exhibit Mueller Decl Exhibit 56, #15 Exhibit Mueller Decl Exhibit 57, #16 Exhibit Mueller Decl Exhibit 58, #17 Exhibit Mueller Decl Exhibit 59, #18 Exhibit Mueller Decl Exhibit 60, #19 Exhibit Mueller Decl Exhibit 61, #20 Exhibit Mueller Decl Exhibit 62, #21 Exhibit Mueller Decl Exhibit 63, #22 Exhibit Mueller Decl Exhibit 64, #23 Exhibit Mueller Decl Exhibit 65)(Related document(s) #660 ) (Selwyn, Mark) (Filed on 1/25/2012)

Mueller Exhibit 56

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Bar No. 170151)
2 [e-mail]
50 California Street, 22nd Floor
3 San Francisco, California 94111
Telephone: [phone]
4 Facsimile: [phone]
5 Kevin P.B. Johnson (Bar No. 177129)
[e-mail]
6 Victoria F. Maroulis (Bar No. 202603)
[e-mail]
7 555 Twin Dolphin Drive, 5th Floor
Redwood Shores, California 94065-2139
8 Telephone: [phone]
Facsimile: [phone]
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Michael T. Zeller (Bar No. 196417)
10 [e-mail]
865 S. Figueroa St., 10th Floor
11 Los Angeles, California 90017
Telephone: [phone]
12 Facsimile: [phone]
13 Attorneys for SAMSUNG ELECTRONICS CO.,
LTD., SAMSUNG ELECTRONICS AMERICA,
14 INC. and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

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19 APPLE INC., a California corporation,

CASE NO. 11-cv-01846-LHK

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SAMSUNG'S DISCLOSURE OF
ASSERTED CLAIMS AND
INFRINGEMENT CONTENTIONS

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Plaintiff,
vs.

22 SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity; SAMSUNG
23 ELECTRONICS AMERICA, INC., a New
York corporation; SAMSUNG
24 TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,
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Defendant.
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02198.51855/4336803.1

[PATENT L.R. 3-1, 3-2]

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Defendants Samsung Electronics Co., Ltd., Samsung Electronics America, Inc. and

2 Samsung Telecommunications America, LLC (collectively "Samsung") submits this Disclosure of
3 Asserted Claims and Infringement Contentions pursuant to Patent Local Rules 3-1 and 3-2 for
4 U.S. Patent Nos. 6,928,604, 7,050,410, 7,069,055, 7,079,871, 7,200,792, 7,362,867, 7,386,001,
5 7,447,516, 7,456,893, 7,577,460, 7,675,941, and 7,698,711 (“Samsung patents”).
6 I.

IDENTIFICATION OF INFRINGED CLAIMS AND ACCUSED PRODUCTS
[PATENT L.R. 3-1(a)-(d)]

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Samsung provides the information required by Patent Local Rule 3-1 subsections (a), (b),
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(c), and (d) in the following exhibits:
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Exhibit A

U.S. Patent No. 6,928,604

Exhibit B

U.S. Patent No. 7,050,410

Exhibit C

U.S. Patent No. 7,069,055

Exhibit D

U.S. Patent No. 7,079,871

Exhibit E

U.S. Patent No. 7,200,792

Exhibit F

U.S. Patent No. 7,362,867

Exhibit G

U.S. Patent No. 7,386,001

Exhibit H

U.S. Patent No. 7,447,516

Exhibit I

U.S. Patent No. 7,456,893

Exhibit J

U.S. Patent No. 7,577,460

Exhibit K

U.S. Patent No. 7,675,941

Exhibit L

U.S. Patent No. 7,698,711

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The infringement contentions set forth in Exhibits A-L are exemplary and not exhaustive.
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Apple infringes the Samsung patents under 35 U.S.C. § 271(a), (b) and/or (c). Samsung
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further accuses any other Apple products that Apple is currently developing, making and using
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including but not limited any newer but unreleased versions of the iPhone or iPad products.
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Despite Samsung’s requests for discovery on these products, Apple has withheld this information
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to date and consequently Samsung has not had the opportunity to analyze how these products
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infringe Samsung’s patents. Accordingly, Samsung reserves its right to supplement this disclosure
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SAMSUNG'S DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT CONTENTIONS

1 to include any additional Apple products it identifies through discovery and its continuing
2 investigation. Samsung further reserves the right to supplement its disclosure to include any
3 additional information it learns about the accused Apple products through discovery (which is at
4 its earliest stages) and its continuing investigation.
5 II.

LITERAL INFRINGEMENT AND DOCTRINE OF EQUIVALENTS
[PATENT L.R. 3-1(e)]

6
The accused Apple products literally infringe the asserted claims of the Samsung patents.
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To the extent that any element or limitation of the asserted claims is not found to have literal
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correspondence in the accused Apple products, the accused Apple products infringe under the
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doctrine of equivalents.
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III.

PRIORITY DATES
[PATENT L.R. 3-1(f)]

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The asserted claims of the Samsung patents are entitled to at least the priority dates listed

13 on the face of each patent or identified in the prosecution histories of each patent. Samsung’s
14 investigation is continuing and reserves the right to establish earlier priority and invention dates
15 for the asserted claims in the Samsung patents.
16 IV.

PRODUCTS PRACTICING THE CLAIMED INVENTIONS
[PATENT L.R. 3-1(g)]

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Exhibit M discloses exemplary Samsung products that practice the claimed inventions of
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the Samsung patents.
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V.

APPLE'S WILLFUL INFRINGEMENT
[PATENT L.R. 3-1(h)]

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Before initiating this lawsuit, Apple was aware that its products infringed many Samsung

22 patents, including patents Samsung has asserted against Apple in this action. Despite this
23 knowledge, Apple continued to infringe Samsung's patents and continued to act in an objectively
24 reckless manner. Apple has willfully infringed these patents since at least September 2010 when
25 Samsung informed Apple of its infringement.
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SAMSUNG'S DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT CONTENTIONS

1 VI.

DOCUMENT PRODUCTION ACCOMPANYING DISCLOSURE
[PATENT L.R. 3-2]

2
Samsung is not presently aware of any Patent L.R. 3-2(a) documents.
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Documents relating to Patent L.R. 3-2(b) are being produced concurrently herewith
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bearing bates numbers SAMNDCA00019700- SAMNDCA00019931.
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Documents relating to Patent L.R. 3-2(c) are being produced concurrently herewith bearing
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bates numbers SAMNDCA00003980- SAMNDCA00008459.
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Documents relating to Patent L.R. 3-2(d) are being produced concurrently herewith
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bearing bates numbers SAMNDCA00009423- SAMNDCA00009433.
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Documents relating to Patent L.R. 3-2(e) are being produced concurrently herewith bearing
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bates numbers SAMNDCA00009434- SAMNDCA00011027; SAMNDCA0001105011
SAMNDCA00019356. Samsung will also make available for inspection Samsung devices that
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practice the Samsung patents.
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DATED: September 7, 2011

QUINN EMANUEL URQUHART & SULLIVAN LLP

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By /s/ Todd M. Briggs
Todd M. Briggs
Attorneys for Defendants
SAMSUNG ELECTRONICS CO., LTD.,
SAMSUNG ELECTRONICS AMERICA, INC. and
SAMSUNG TELECOMMUNICATIONS
AMERICA, LLC

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-4Case No. 11-cv-01846-LHK
SAMSUNG'S DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT CONTENTIONS

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CERTIFICATE OF SERVICE
I hereby certify that on September 7, 2011, I served SAMSUNG'S DISCLOSURE OF

3 ASSERTED CLAIMS AND INFRINGEMENT CONTENTIONS on the following via email:
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ATTORNEYS FOR APPLE INC.

HAROLD J. MCELHINNY
6 [e-mail]
MICHAEL A. JACOBS
7 [e-mail]
JENNIFER LEE TAYLOR
8 [e-mail]
ALISON M. TUCHER
9 [e-mail]
RICHARD S.J. HUNG
10 [e-mail]
JASON R. BARTLETT
11 [e-mail]
MORRISON & FOERSTER LLP
12 425 Market Street
San Francisco, California 94105-2482
13 Telephone: [phone]
Facsimile: [phone]
14
WILLIAM F. LEE
15 [e-mail]
WILMER CUTLER PICKERING HALE
16 AND DORR LLP
60 State Street
17 Boston, Massachusetts 02109
Telephone: [phone]
18 Facsimile: [phone]
19 MARK D. SELWYN
[e-mail]
20 WILMER CUTLER PICKERING HALE
AND DORR LLP
21 950 Page Mill Road
Palo Alto, California 94304
22 Telephone: [phone]
Facsimile: [phone]
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I declare under penalty of perjury that the foregoing is true and correct.
/s/ Todd M. Briggs

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SAMSUNG'S DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT CONTENTIONS