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

Filing 70

Declaration of Richard J. Lutton in Support of #68 Apple's Opposition to Samsung's Motion to Compel Expedited Discovery (Public Redacted Version) filed by Apple Inc.. (Bartlett, Jason) (Filed on 6/13/2011) Modified on 6/16/2011 linking entry to document #68 (dhm, COURT STAFF).

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HAROLD J. MCELHINNY (CA SBN 66781)
[e-mail]
MICHAEL A. JACOBS (CA SBN 111664)
[e-mail]
JENNIFER LEE TAYLOR (CA SBN 161368)
[e-mail]
JASON R. BARTLETT (CA SBN 214530)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522
Attorneys for Plaintiff
APPLE INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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APPLE INC., a California corporation,

Case No.

4:11-cv-01846-LHK

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Plaintiff,
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v.
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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,

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DECLARATION OF RICHARD J.
LUTTON IN SUPPORT OF
APPLE’S OPPOSITION TO
SAMSUNG’S MOTION TO
COMPEL EXPEDITED
DISCOVERY
Date: June 17, 2011
Time: 1:30 p.m.
Place: Courtroom 4, 5th Floor
Judge: The Honorable Lucy H. Koh

Defendants.
PUBLIC REDACTED VERSION

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I, Richard J. Lutton, do hereby declare as follows:

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1.

I am Senior Director and Chief Patent Counsel at Apple Inc. (“Apple”). I submit

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this declaration in support of Apple’s Opposition to Defendants’ Motion to Compel Apple to

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Produce Reciprocal Expedited Discovery, based on my personal knowledge. If called as a

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witness, I could and would testify competently as follows.

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DECLARATION OF RICHARD J. LUTTON IN SUPPORT OF APPLE INC.’S OPPOSITION TO DEFENDANTS’ MOTION
TO COMPEL
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Produce Reciprocal Expedited Discovery, based on my personal knowledge. If called as a

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witness, I could and would testify competently as follows.

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2.

Apple is widely recognized as one of the most innovative companies in the world.

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In addition to the wildly successful iPod line of media devices, Apple created the iPhone, viewed

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by many as a “game changer” in the mobile phone space. Apple also pioneered an entirely new

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category of consumer electronics when it introduced the revolutionary iPad product. Apple’s

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creative achievements are at the heart of the broad intellectual property rights it has obtained over

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the years, including utility and design patents, trademarks, and trade dress protection.

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3.

Apple invests tremendous resources in creating distinctive and innovative designs

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for its iPhone and iPad products. While different versions of the iPhone and iPad products reflect

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some changes in features and design, the products also have a consistent and distinctive “look,”

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and the different versions of the iPhone and iPad devices are immediately recognizable as

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“Apple” products belonging to the same family of products.

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4.

Apple currently sells products embodying the iPhone and iPad trade dress.

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Specifically, Apple currently sells the iPhone 3GS smartphone, released in 2009, and the iPhone

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4, released in 2010, through its online store, and previous models are available through other

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retailers. Apple also currently sells the iPad 2 through its online store, and the original iPad,

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released in 2010, is available through retailers.

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5.

Apple has not announced or unveiled any new successor products to either the

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iPhone 4 smartphone or the iPad 2. Internet reports regarding an “iPhone 5” or “iPad 3” are

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based entirely on speculation.

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6.

Apple is widely recognized as one of the most secretive companies in the world.

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Apple’s new product
announcements are major events in the technology industry.

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DECLARATION OF RICHARD J. LUTTON IN SUPPORT OF APPLE INC.’S OPPOSITION TO DEFENDANTS’ MOTION
TO COMPEL
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Apple’s new product announcements generate an enormous amount of publicity

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and a high level of interest among consumers and product developers alike. They generate

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headlines in major media both domestically and abroad. Internet websites provide live minute-

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by-minute accounts of product announcement presentations.

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To implement Apple’s strict, long-standing policy of protecting unreleased product

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information, Apple takes extraordinary measures to safeguard this highly confidential

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information. Apple’s policies stand in stark contrast to many other companies in the consumer

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electronics industry, including Samsung, who announce products, and distribute prototypes, long

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before those products are released for sale. Many companies in the consumer electronics industry

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even announce future products while they are still in early development stages.

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DECLARATION OF RICHARD J. LUTTON IN SUPPORT OF APPLE INC.’S OPPOSITION TO DEFENDANTS’ MOTION
TO COMPEL
sf- 3001232

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