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

Filing 728

*** FILED IN ERROR. REFER TO DOCUMENT #730 . *** Declaration of Marc J. Pernick in Support of #727 Reply to Opposition/Response, filed byApple Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Related document(s) #727 ) (Hung, Richard) (Filed on 2/13/2012) Modified on 2/14/2012 (feriab, 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]
ALISON M. TUCHER (CA SBN 171363)
[e-mail]
JASON BARTLETT (CA SBN 197425)
[e-mail]
JASON R. BARTLETT (CA SBN 214530)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: [phone]

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WILLIAM F. LEE
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Telephone: [phone]
Facsimile: [phone]
MARK D. SELWYN (SBN 244180)
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff and
Counterclaim-Defendant 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.

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,
Defendants.

DECLARATION OF
MARC J. PERNICK IN SUPPORT
OF APPLE’S OPPOSITION TO
SAMSUNG’S MOTION TO
PERMIT SAMSUNG’S EXPERT
SAMUEL LUCENTE TO
REVIEW MATERIALS
DESIGNATED UNDER THE
PROTECTIVE ORDER
Date:
Time:
Place:
Judge:

March 6, 2012
10:00 a.m.
Courtroom 5, 4th Floor
Hon. Paul S. Grewal

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DECLARATION OF M. PERNICK ISO APPLE’S OPPOSITION TO SAMSUNG’S MOTION RE LUCENTE
CASE NO. 11-cv-01846-LHK

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I, Marc J. Pernick, do hereby declare as follows:

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1.

I am a partner at the law firm of Morrison & Foerster LLP, attorneys of record in

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this action for Apple Inc. (“Apple”). I submit this declaration in support of Apple’s Opposition to

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Samsung’s Motion to Permit Samsung’s Expert Samuel Lucente to Review Materials Designated

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Under the Protective Order. Unless otherwise indicated, I have personal knowledge of the

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matters set forth below. If called as a witness, I could and would testify competently as follows.

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2.

To date, Defendants have disclosed approximately twenty experts to Apple. Apple

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has asserted objections under the protective order in place in this case to only three of those

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experts.

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3.

counsel for Samsung and Apple between December 27, 2011 and January 8, 2012.

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4.

Attached as Exhibit 2 is a true and correct copy of a page from the Industrial

Designers Society of America (IDSA) website (http://idsa.org/sam-lucente).

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Attached as Exhibit 1 is a true and correct copy of email correspondence between

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Attached as Exhibit 3 is a true and correct copy of email correspondence between

counsel for Samsung and Apple between December 13 and December 20, 2011.

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6.

Attached as Exhibit 4 is a true and correct copy of a notification, obtained from the

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official website of the European Patent Office, dated February 2, 2001, concerning entry of

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international patent application number PCT/US00/10073 into proceedings before the European

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Patent Office as European patent application no. 00928177.5.

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7.

Attached as Exhibit 5 is a true and correct copy of international patent application

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number PCT/US00/10073, including European Patent Office publication EP 1 224 554 A0

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noticing publication of the application by the World Intellectual Property Organisation under the

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publication number WO 01/06375, obtained from the official website of the European Patent

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Office.

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8.

Attached as Exhibit 6 is a true and correct copy of a letter from Rachel Kassabian

to Mia Mazza, dated January 25, 2012.
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Attached as Exhibit 7 is a true and correct copy of a Hoover’s Quick Report on

Lucente Design, processed on January 31, 2012.
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DECLARATION OF M. PERNICK ISO APPLE’S OPPOSITION TO SAMSUNG’S MOTION RE LUCENTE
CASE NO. 11-cv-01846-LHK

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10.

Attached as Exhibit 8 is a true and correct copy of a Dun & Bradstreet

Comprehensive Report on Lucente Design, last updated on January 14, 2012.
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Attached as Exhibit 9 is a true and correct copy of a letter from Marc Pernick to

Rachel Kassabian, dated February 5, 2012.
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Attached as Exhibit 10 is a true and correct copy of a letter from Mia Mazza to

Melissa Chan, dated December 27, 2011.
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Attached as Exhibit 11 is a true and correct copy of a letter from Marc Pernick to

Rachel Kassabian, dated January 27, 2012.
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Attached as Exhibit 12 is a true and correct copy of a letter from Marc Pernick to

Rachel Kassabian, dated January 30, 2012.
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Attached as Exhibit 13 is a true and correct copy of a letter from Albert P.

Bedecarré to Mia Mazza, dated February 12, 2012.

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I declare under the penalty of perjury that the foregoing is true and correct.

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Executed on February 13, 2012 at Palo Alto, California.

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/s/ Marc J. Pernick
Marc J. Pernick

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DECLARATION OF M. PERNICK ISO APPLE’S OPPOSITION TO SAMSUNG’S MOTION RE LUCENTE
CASE NO. 11-cv-01846-LHK

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ATTESTATION OF E-FILED SIGNATURE

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I, Richard S.J. Hung, am the ECF User whose ID and password are being used to file this

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Declaration. In compliance with General Order 45, X.B., I hereby attest that Marc J. Pernick has

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concurred in this filing.

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Dated: February 13, 2012

/s/ Richard S.J. Hung
Richard S.J. Hung

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DECLARATION OF M. PERNICK ISO APPLE’S OPPOSITION TO SAMSUNG’S MOTION RE LUCENTE
CASE NO. 11-cv-01846-LHK