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

Filing 737

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)

1
2
3
4
5
6
7
8
9

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]
RICHARD S.J. HUNG (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]

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]

10
11

Attorneys for Plaintiff and
Counterclaim-Defendant APPLE INC.

12
13

UNITED STATES DISTRICT COURT

14

NORTHERN DISTRICT OF CALIFORNIA

15

SAN JOSE DIVISION

16
17

APPLE INC., a California corporation,
Plaintiff,

18
19
20
21
22

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,

23
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

24
25
26
PUBLIC REDACTED VERSION
27
28
WALDEN DECL. ISO APPLE’S MOTION TO COMPEL DEPOSITIONS OF 14 PURPORTED “APEX” WITNESSES
CASE NO. 11-CV-01846-LHK (PSG)
sf-3108220

1

I, S. Calvin Walden, declare as follows:

2

1.

I am a partner in the law firm of WilmerHale, counsel for Apple Inc. (“Apple”). I

3

am licensed to practice law in the State of New York, and am admitted pro hac vice in this case.

4

Unless otherwise indicated, I have personal knowledge of the matters stated herein or understand

5

them to be true from members of my litigation team. I make this Declaration in support of

6

Apple’s Motion to Compel Depositions of 14 of Samsung’s Purported “Apex” Witnesses

7

(“Motion to Compel”).

8
9

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,

10

Patent Licensing & Strategy) – and its former Senior Director of Patents Richard Lutton. The

11

depositions of Mr. Watrous and Mr. Teksler are scheduled on March 8, 2012 and February 21,

12

2012, respectively. The parties are currently discussing a date for Mr. Lutton’s deposition.

13

3.

In an effort to identify potential deponents, Apple served Samsung with an

14

interrogatory seeking the names of the five Samsung individuals with the most knowledge about

15

the negotiations for and royalties received under Samsung’s licenses with other parties for UMTS

16

declared-essential patents, Samsung’s IPR disclosure practices, and Samsung’s actions in 3GPP

17

standards setting organizations. Samsung did not provide any names in response. Samsung

18

objected and indicated that its investigation is ongoing, and it would supplement its response.

19

Samsung has not supplemented its response to provide this information.

20
21
22

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.
5.

Attached hereto as Exhibit 1 is a true and correct copy of a press release from

23

Samsung entitled, “Samsung Electronics and Intellectual Ventures Enter Into License

24

Agreement,” dated November 18, 2010.

25
26
27
28
WALDEN DECL. ISO APPLE’S MOTION TO COMPEL DEPOSITIONS OF 14 PURPORTED “APEX” WITNESSES
Case No. 4:11-cv-01846-LHK
sf-3108220

1

1
2
3
4
5
6
7

11.

Attached hereto as Exhibit 7 is a true and correct copy of the document produced

8

by Apple beginning with Bates number APLNDC00001029, an email chain from October 2010

9

between Chip Lutton and Seungho Ahn.

10

12.

Attached hereto as Exhibit 8 is a true and correct copy of the document produced

11

by Apple beginning with Bates number APLNDC00001064, an email dated February 23, 2011

12

from K.J. Kim to Chip Lutton.

13

13.

Attached hereto as Exhibit 9 is a true and correct copy of the document produced

14

by Apple beginning with Bates number APLNDC00001065, an email dated March 14, 2011 from

15

Ken Korea to Chip Lutton.

16

14.

Attached hereto as Exhibit 10 is a true and correct copy of the document produced

17

by Apple beginning with Bates number APLNDC00001066, an email dated April 5, 2011 from

18

Ken Korea to Chip Lutton.

19

15.

Attached hereto as Exhibit 11 is a true and correct copy of the document produced

20

by Apple beginning with Bates number APLNDC-WH-A 0000009415 a Samsung IPR

21

Information Statement and Licensing Declaration Forms dated May 16, 2006.

22

16.

Attached hereto as Exhibit 12 is a true and correct copy of the document produced

23

by Samsung beginning with Bates number S-794-ITC-005517177 a Samsung IPR Information

24

Statement and Licensing Declaration Forms dated August 7, 2007.

25

17.

Attached hereto as Exhibit 13 is a true and correct copy of the document produced

26

by Apple beginning with Bates number APLNDC-WH-A 0000009482 a Samsung IPR

27

Information Statement and Licensing Declaration Forms dated July 24, 2008.

28
WALDEN DECL. ISO APPLE’S MOTION TO COMPEL DEPOSITIONS OF 14 PURPORTED “APEX” WITNESSES
Case No. 4:11-cv-01846-LHK
sf-3108220

2

1

18.

Attached hereto as Exhibit 14 is a true and correct copy of the document produced

2

by Samsung beginning with Bates number S-ITC-000062513 a Samsung IPR Information

3

Statement and Licensing Declaration Forms dated July 25, 2006.

4

19.

Attached hereto as Exhibit 15 is a true and correct copy of the document produced

5

by Samsung beginning with Bates number S-794-ITC-005516971 a Samsung IPR Information

6

Statement and Licensing Declaration Forms dated September 15, 2009.

7

20.

Attached hereto as Exhibit 16 is a true and correct copy of the document produced

8

by Samsung beginning with Bates number S-794-ITC-005517233 a Samsung IPR Information

9

Statement and Licensing Declaration Forms dated September 5, 2008.

10

21.

Attached hereto as Exhibit 17 is a true and correct copy of the document produced

11

by Samsung beginning with Bates number S-794-ITC-005517237 a Samsung IPR Information

12

Statement and Licensing Declaration Forms dated December 4, 2009.

13

22.

Attached hereto as Exhibit 18 is a true and correct copy of the document produced

14

by Samsung beginning with Bates number S-794-ITC-005517243 a Samsung IPR Information

15

Statement and Licensing Declaration Forms dated September 21, 2009.

16

23.

Attached hereto as Exhibit 19 is a true and correct copy of the document produced

17

by Samsung beginning with Bates number S-794-ITC-005517315 a Samsung IPR Information

18

Statement and Licensing Declaration Forms dated December 30, 2008.

19

24.

Attached hereto as Exhibit 20 is a true and correct copy of the document produced

20

by Samsung beginning with Bates number S-794-ITC-005517350 a Samsung IPR Information

21

Statement and Licensing Declaration Forms dated January 30, 2008.

22
23
24
25
26
27
28
WALDEN DECL. ISO APPLE’S MOTION TO COMPEL DEPOSITIONS OF 14 PURPORTED “APEX” WITNESSES
Case No. 4:11-cv-01846-LHK
sf-3108220

3

1
2
3
4
5
6
7
8
9
10
11
12
13

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

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
WALDEN DECL. ISO APPLE’S MOTION TO COMPEL DEPOSITIONS OF 14 PURPORTED “APEX” WITNESSES
Case No. 4:11-cv-01846-LHK
sf-3108220

4

1
2

ATTESTATION OF E-FILED SIGNATURE
I, Michael A. Jacobs, 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 S. Calvin Walden

4

has concurred in this filing.

5

Dated: February 16, 2012

/s/ Michael A. Jacobs
Michael A. Jacobs

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
WALDEN DECL. ISO APPLE’S MOTION TO COMPEL DEPOSITIONS OF 14 PURPORTED “APEX” WITNESSES
CASE NO. 11-CV-01846-LHK (PSG)
sf-3108220

5