Apple Inc. v. Samsung Electronics Co. Ltd. et al
Filing
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Administrative Motion to File Under Seal filed by Apple Inc.. (Attachments: #1 Declaration Cyndi Wheeler Declaration, #2 Declaration S. Calvin Walden Declaration, #3 Exhibit 1, #4 Exhibit 11, #5 Exhibit 12, #6 Exhibit 13, #7 Exhibit 14, #8 Exhibit 15, #9 Exhibit 16, #10 Exhibit 17, #11 Exhibit 18, #12 Exhibit 19, #13 Exhibit 20, #14 Proposed Order)(Jacobs, Michael) (Filed on 2/16/2012)
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HAROLD J. MCELHINNY (CA SBN 66781)
hmcelhinny@mofo.com
MICHAEL A. JACOBS (CA SBN 111664)
mjacobs@mofo.com
JENNIFER LEE TAYLOR (CA SBN 161368)
jtaylor@mofo.com
ALISON M. TUCHER (CA SBN 171363)
atucher@mofo.com
RICHARD S.J. HUNG (CA SBN 197425)
rhung@mofo.com
JASON R. BARTLETT (CA SBN 214530)
jasonbartlett@mofo.com
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: (415) 268-7000
Facsimile: (415) 268-7522
WILLIAM F. LEE
william.lee@wilmerhale.com
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Telephone: (617) 526-6000
Facsimile: (617) 526-5000
MARK D. SELWYN (SBN 244180)
mark.selwyn@wilmerhale.com
WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, California 94304
Telephone: (650) 858-6000
Facsimile: (650) 858-6100
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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,
Plaintiff,
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v.
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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Defendants.
Case No.
11-cv-01846-LHK (PSG)
DECLARATION OF S. CALVIN
WALDEN IN SUPPORT OF
APPLE’S MOTION TO COMPEL
DEPOSITIONS OF 14 OF
SAMSUNG’S PURPORTED
“APEX” WITNESSES
Date:
Time:
Place:
Judge:
February 28, 2012
10:00 a.m.
Courtroom 5, 4th Floor
Hon. Paul S. Grewal
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PUBLIC REDACTED VERSION
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WALDEN DECL. ISO APPLE’S MOTION TO COMPEL DEPOSITIONS OF 14 PURPORTED “APEX” WITNESSES
CASE NO. 11-CV-01846-LHK (PSG)
sf-3108220
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I, S. Calvin Walden, declare as follows:
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I am a partner in the law firm of WilmerHale, counsel for Apple Inc. (“Apple”). I
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am licensed to practice law in the State of New York, and am admitted pro hac vice in this case.
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Unless otherwise indicated, I have personal knowledge of the matters stated herein or understand
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them to be true from members of my litigation team. I make this Declaration in support of
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Apple’s Motion to Compel Depositions of 14 of Samsung’s Purported “Apex” Witnesses
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(“Motion to Compel”).
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2.
Apple has agreed to make available for deposition its two most senior licensing
employees –B.J. Watrous (Vice President & Chief IP Counsel) and Boris Teksler (Director,
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Patent Licensing & Strategy) – and its former Senior Director of Patents Richard Lutton. The
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depositions of Mr. Watrous and Mr. Teksler are scheduled on March 8, 2012 and February 21,
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2012, respectively. The parties are currently discussing a date for Mr. Lutton’s deposition.
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3.
In an effort to identify potential deponents, Apple served Samsung with an
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interrogatory seeking the names of the five Samsung individuals with the most knowledge about
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the negotiations for and royalties received under Samsung’s licenses with other parties for UMTS
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declared-essential patents, Samsung’s IPR disclosure practices, and Samsung’s actions in 3GPP
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standards setting organizations. Samsung did not provide any names in response. Samsung
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objected and indicated that its investigation is ongoing, and it would supplement its response.
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Samsung has not supplemented its response to provide this information.
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4.
Samsung did not begin producing documents relating to licensing and standards
topics until after Judge Grewal issued his “Order Re Discovery Motions” on January 27, 2012.
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Attached hereto as Exhibit 1 is a true and correct copy of a press release from
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Samsung entitled, “Samsung Electronics and Intellectual Ventures Enter Into License
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Agreement,” dated November 18, 2010.
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WALDEN DECL. ISO APPLE’S MOTION TO COMPEL DEPOSITIONS OF 14 PURPORTED “APEX” WITNESSES
Case No. 4:11-cv-01846-LHK
sf-3108220
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Attached hereto as Exhibit 7 is a true and correct copy of the document produced
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by Apple beginning with Bates number APLNDC00001029, an email chain from October 2010
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between Chip Lutton and Seungho Ahn.
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12.
Attached hereto as Exhibit 8 is a true and correct copy of the document produced
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by Apple beginning with Bates number APLNDC00001064, an email dated February 23, 2011
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from K.J. Kim to Chip Lutton.
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13.
Attached hereto as Exhibit 9 is a true and correct copy of the document produced
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by Apple beginning with Bates number APLNDC00001065, an email dated March 14, 2011 from
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Ken Korea to Chip Lutton.
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Attached hereto as Exhibit 10 is a true and correct copy of the document produced
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by Apple beginning with Bates number APLNDC00001066, an email dated April 5, 2011 from
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Ken Korea to Chip Lutton.
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Attached hereto as Exhibit 11 is a true and correct copy of the document produced
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by Apple beginning with Bates number APLNDC-WH-A 0000009415 a Samsung IPR
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Information Statement and Licensing Declaration Forms dated May 16, 2006.
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16.
Attached hereto as Exhibit 12 is a true and correct copy of the document produced
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by Samsung beginning with Bates number S-794-ITC-005517177 a Samsung IPR Information
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Statement and Licensing Declaration Forms dated August 7, 2007.
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Attached hereto as Exhibit 13 is a true and correct copy of the document produced
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by Apple beginning with Bates number APLNDC-WH-A 0000009482 a Samsung IPR
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Information Statement and Licensing Declaration Forms dated July 24, 2008.
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WALDEN DECL. ISO APPLE’S MOTION TO COMPEL DEPOSITIONS OF 14 PURPORTED “APEX” WITNESSES
Case No. 4:11-cv-01846-LHK
sf-3108220
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Attached hereto as Exhibit 14 is a true and correct copy of the document produced
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by Samsung beginning with Bates number S-ITC-000062513 a Samsung IPR Information
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Statement and Licensing Declaration Forms dated July 25, 2006.
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Attached hereto as Exhibit 15 is a true and correct copy of the document produced
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by Samsung beginning with Bates number S-794-ITC-005516971 a Samsung IPR Information
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Statement and Licensing Declaration Forms dated September 15, 2009.
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Attached hereto as Exhibit 16 is a true and correct copy of the document produced
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by Samsung beginning with Bates number S-794-ITC-005517233 a Samsung IPR Information
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Statement and Licensing Declaration Forms dated September 5, 2008.
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Attached hereto as Exhibit 17 is a true and correct copy of the document produced
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by Samsung beginning with Bates number S-794-ITC-005517237 a Samsung IPR Information
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Statement and Licensing Declaration Forms dated December 4, 2009.
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Attached hereto as Exhibit 18 is a true and correct copy of the document produced
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by Samsung beginning with Bates number S-794-ITC-005517243 a Samsung IPR Information
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Statement and Licensing Declaration Forms dated September 21, 2009.
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Attached hereto as Exhibit 19 is a true and correct copy of the document produced
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by Samsung beginning with Bates number S-794-ITC-005517315 a Samsung IPR Information
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Statement and Licensing Declaration Forms dated December 30, 2008.
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Attached hereto as Exhibit 20 is a true and correct copy of the document produced
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by Samsung beginning with Bates number S-794-ITC-005517350 a Samsung IPR Information
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Statement and Licensing Declaration Forms dated January 30, 2008.
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WALDEN DECL. ISO APPLE’S MOTION TO COMPEL DEPOSITIONS OF 14 PURPORTED “APEX” WITNESSES
Case No. 4:11-cv-01846-LHK
sf-3108220
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I declare under penalty of perjury that the foregoing is true and correct to the best of my
knowledge. Executed this February 16, 2012 at New York, New York.
/s/ S. Calvin Walden
S. Calvin Walden
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WALDEN DECL. ISO APPLE’S MOTION TO COMPEL DEPOSITIONS OF 14 PURPORTED “APEX” WITNESSES
Case No. 4:11-cv-01846-LHK
sf-3108220
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ATTESTATION OF E-FILED SIGNATURE
I, Michael A. Jacobs, 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 S. Calvin Walden
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has concurred in this filing.
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Dated: February 16, 2012
/s/ Michael A. Jacobs
Michael A. Jacobs
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WALDEN DECL. ISO APPLE’S MOTION TO COMPEL DEPOSITIONS OF 14 PURPORTED “APEX” WITNESSES
CASE NO. 11-CV-01846-LHK (PSG)
sf-3108220
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