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

Filing 695

Request for Judicial Notice Regarding Apple's Claim Construction Positions on U.S. Patent No. 7,469,381, filed by Samsung Electronics Co. Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Maroulis, Victoria) (Filed on 1/31/2012) Modified text on 2/1/2012 (dhm, COURT STAFF).

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Cal. 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 (Cal. Bar No. 177129)
[e-mail]
6 Victoria F. Maroulis (Cal. Bar No. 202603)
[e-mail]
7 555 Twin Dolphin Drive 5th Floor
Redwood Shores, California 94065
8 Telephone: [phone]
Facsimile: [phone]
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Michael T. Zeller (Cal. 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
14 AMERICA, 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 REQUEST FOR JUDICIAL
NOTICE REGARDING APPLE'S CLAIM
CONSTRUCTION POSITIONS ON U.S
PATENT NO. 7,469,381

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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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02198.51855/4559139.4

Case No. 10-CV-03251-LHK
REQUEST FOR JUDICIAL NOTICE

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Pursuant to Fed. R. Evid. 201, Defendants Samsung Electronics Co., Ltd., Samsung

2 Electronics America, Inc., and Samsung Telecommunications America, LLC (collectively
3 “Samsung”) respectfully request that the Court take judicial notice of the following:
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1. Complainant Apple’s Non-Confidential Complaint in Certain

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Portable Electronic Devices and Related Software, ITC Inv. No. 337-TA-

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797, United States International Trade Commission, dated July 8, 2011

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(“ITC Complaint”), attached hereto as Exhibit 1.

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2. Exhibit 20 filed in support of Complainant Apple’s Non-

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Confidential Complaint in Certain Portable Electronic Devices and Related

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Software, ITC Inv. No. 337-TA-797, United States International Trade

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Commission (“ITC Claim Chart”), attached hereto as Exhibit 2.

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In addition, a video recording of the Apple iPhone Stocks Application, as shown to the

13 Court during the claim construction hearing on January 20, 2012, is attached hereto as Exhibit 3.
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Despite being responsive to several of Samsung’s discovery requests relating to U.S.

15 Patent No. 7,469,381 (“’381 patent”), Apple has not produced the ITC Complaint or ITC Claim
16 Chart to Samsung nor did Apple inform the Court of these highly relevant documents during the
17 preliminary injunction or claim construction proceedings in this action. Samsung’s counsel
18 became aware of these documents just days before the claim construction hearing and promptly
19 brought them to the attention of the Court at the hearing.
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BASIS FOR REQUESTING JUDICIAL NOTICE
During the January 20, 2012 claim construction hearing, Apple argued that for the ’381

22 patent, content cannot appear beyond the edge of an “electronic document” and that an electronic
23 document cannot have an “internal” edge. Apple also argued that a digital image is not an
24 “electronic document” when it is embedded within a larger electronic document, such as a web
25 page. Apple’s arguments contradict the positions it took in the ITC Complaint and ITC Claim
26 Chart. See Certain Portable Electronic Devices and Related Software, ITC Inv. No. 337-TA-797.
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Case No. 10-CV-03251-LHK
REQUEST FOR JUDICIAL NOTICE

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In the ITC Complaint and ITC Claim Chart, Apple represented that the Stocks application

2 on the iPhone practices claim 1 of the ’381 patent and provided a claim chart purporting to show
3 how the Stocks application meets each limitation of claim 1. See ITC Complaint ¶ 69 and ITC
4 Claim Chart. As shown in the ITC claim chart, the Stocks application occupies the entire display
5 and is an electronic document that has external edges. Embedded within the Stocks application
6 are three additional electronic documents: a stocks list (upper portion of touch screen display), a
7 graph (lower-middle portion of touch screen display) and a menu bar (lowermost portion of touch
8 screen display). Apple alleged in its ITC Claim Chart that the embedded stocks list is an
9 “electronic document” and that the bottom edge of the stocks list is an “edge of an electronic
10 document.” The stocks list has an internal edge within the Stocks application document, and
11 content exists beyond this internal edge. The stocks list bounces back when a finger is removed
12 from the touch screen as shown below.
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See ITC Claim Chart at 4-6.
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Thus, Apple has represented in its ITC claim charts that an electronic document (i.e. the
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stocks list) may be embedded within another electronic document (i.e. the Stocks application), that
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an “internal” edge can be an edge of an electronic document, and that content (i.e. the graph below
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Case No. 10-CV-03251-LHK
REQUEST FOR JUDICIAL NOTICE

1 the stocks list) may appear beyond the edge of an electronic document. These assertions
2 contradict Apple’s proposed claim construction in this case.1
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In ruling on claim construction, this Court may take judicial notice of Exhibits 1 and 2

4 pursuant to Fed. R. Evid. 201 because each are public filings in an administrative proceeding that
5 are capable of accurate and ready determination. See Fed. R. Evid. 201; Kurtcu v. U.S. Parking
6 Inc., 2008 WL 2445080 (N.D. Cal. 2008) (“[J]udicial notice may be taken of orders and decisions
7 taken by other courts and administrative agencies.”) (citing Papai v. Harbor Tug & Barge Co., 67
8 F.3d 203, 207 (9th Cir. 1995) (overruled on other grounds)). Because Exhibits 1 and 2 are highly
9 relevant to the claim construction issues relating to ’381 patent and Apple failed to disclose both
10 to Samsung and the Court, Samsung respectfully requests that the Court take judicial notice of
11 these documents at this time.
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13 DATED: January 31, 2012

Respectfully submitted,

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QUINN EMANUEL URQUHART &
SULLIVAN, LLP

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By /s/ Charles K. Verhoeven
Charles K. Verhoeven
Kevin P.B. Johnson
Victoria F. Maroulis
Michael T. Zeller
Attorneys for SAMSUNG ELECTRONICS CO.,
LTD., SAMSUNG ELECTRONICS AMERICA,
INC. and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC

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At the January 20, 2012 claim construction hearing, Apple appeared to argue that the
26 Stocks application display is not an electronic document and therefore the edge between the stocks
list and the graph below the stocks list is not an internal edge. Apple’s argument is directly
27 contradicted by the Stocks application display itself, which is plainly an electronic document, and
by the testimony of Apple’s own expert and inventor. Samsung’s Resp. Claim Const. Br. at 7;
28 Balakrishnan Dep. 157:19-158:20, Ex. 104; Ording Dep. 20:18-21:3.
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Case No. 10-CV-03251-LHK
REQUEST FOR JUDICIAL NOTICE

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GENERAL ORDER 45 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 Charles K.
4 Verhoeven has concurred in this filing.
/s/ Victoria Maroulis

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Case No. 10-CV-03251-LHK
REQUEST FOR JUDICIAL NOTICE