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

Filing 714

REPLY BRIEF in Support of ( #658 First MOTION for Leave to Supplement Its Infringement Contentions ) filed by Samsung Electronics Co. Ltd.. (Attachments: #1 Caracappa Declaration, #2 Briggs Declaration, #3 Exhibit A, #4 Exhibit B)(Maroulis, Victoria) (Filed on 2/7/2012) Modified text on 2/8/2012 (dhm, COURT STAFF).

QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Cal. Bar No. 170151)
2 [e-mail]
50 California Street, 22nd Floor
San Francisco, California 94111
Telephone: [phone]
4 Facsimile: [phone]
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]
9
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]
5

Attorneys for SAMSUNG ELECTRONICS
CO., LTD., SAMSUNG ELECTRONICS
AMERICA, INC. and SAMSUNG
14
TELECOMMUNICATIONS AMERICA, LLC
15
13

16

UNITED STATES DISTRICT COURT

17

NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

18

APPLE INC., a California corporation,

19

Plaintiff,

20

VS.

SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity; SAMSUNG
22 ELECTRONICS AMERICA, INC., a New
York corporation; SAMSUNG
TELECOMMUNICATIONS AMERICA,
23
LLC, a Delaware limited liability company,
24
Defendants.
25
21

CASE NO. 11-cv-01846-LHK

DECLARATION OF JOHN M.
CARACAPPA IN SUPPORT OF
SAMSUNG'S REPLY BRIEF TO
SAMSUNG'S MOTION FOR LEAVE TO
AMEND INFRINGEMENT
CONTENTIONS

26
27
02198.51845/458944

Case No. 1I-cv-01846-LHK
CARACAPPA DECLARATION IN SUPPORT OF SAMSUNG'S REPLY BRIEF TO
SAMSUNG'S MOTION FOR LEAVE TO AMEND INFRINGEMENT CONTENTIONS

1

I, John M. Caracappa, declare:

2

1.

I am a partner at the law firm of Steptoe and Johnson, LLP, counsel for Samsung

3 Electronics Co., Ltd., Samsung Electronics America, Inc. and Samsung Telecommunications
4
5

America, LLC (collectively, "Samsung"). Unless otherwise indicated, I have personal
knowledge of the facts set forth in this declaration and, if called upon as a witness, I could and

6
7
8

would testify as follows.
2.

In Certain Electronic Devices, Including Wireless Communication Devices,

9 Portable Music And Data Processing Devices, And Tablet Computers (Inv. No. 337-TA-794),
10 ("the ITC action"), Samsung issued a subpoena to Qualcomm, Inc. on December 21, 2011 seeking
11 documents and depositions. In response to this subpoena, Qualcomm has made available for
12

inspection what it says is all relevant source code related to the Qualcomm baseband processor

13
used in the iPhone 4S. Samsung is inspecting this source code this week.
14
15

3.

In the above ITC action, Apple has produced approximately 9,498 Qualcomm

16 related documents, many of which are specifically related to the Qualcomm baseband processor
17 used in the iPhone 4S. In addition, Apple has stated that it has a very limited number of
18 Qualcomm documents.
19
20

4.

In this case (Case No. 11-cv-01846-LHK pending before the Northern District of

California), in anticipation of adding iPhone 4S, Samsung issued a subpoena to Qualcomm, Inc.

21
on December 30, 2011 seeking documents and depositions. In response to this subpoena,
22
23 Qualcomm has agreed to produce relevant source code and documents under a stipulated
24 protective order that we plan to file with the Court this week.
25

I declare under penalty of perjury that the foregoing is true and correct to the best of my

26 knowledge.
27
02198.51845/4589470.1

28

Case No. 11-cv-01846-LHK
-2CARACAPPA DECLARATION IN SUPPORT OF SAMSUNG'S REPLY BRIEF TO
SAMSUNG'S MOTION FOR LEAVE TO AMEND INFRINGEMENT CONTENTIONS

Executed in Washington D.C. on February 7, 2012.
2

4

John

dppa

5
6
7
8
9
10

12
13
14
15
16
17
18
19
20
21
22
2
24
25
26
27
02198 51845/4589470

28

Case No. 11-cv-01846-LHK
-3CARACAPPA DECLARATION IN SUPPORT OF SAMSUNG'S REPLY BRIEF TO
SAMSUNG'S MOTION FOR LEAVE TO AMEND INFRINGEMENT CONTENTIONS

General Order 45 Attestation
2

I, Victoria F. Maroulis, am the ECF user whose ID and password are being used to file this
Declaration. In compliance with General Order 45(X)(B), I hereby attest that John Caracappa

4 has concurred in this filing.
5

/s/ Victoria Maroulis

6
7
8
9
10
11
12
13
14
5
16
17
18
19
20
21
22
23
24
25
26
27
02198.51845/4589470J

28

Case No. 11-cv-01846-LHK
-4CARACAPPA DECLARATION IN SUPPORT OF SAMSUNG'S REPLY BRIEF TO
SAMSUNG'S MOTION FOR LEAVE TO AMEND INFRINGEMENT CONTENTIONS