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

Filing 801

Administrative Motion to File Under Seal filed by Samsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd.(a Korean corporation), Samsung Telecommunications America, LLC(a Delaware limited liability company). (Attachments: #1 Declaration, #2 Proposed Order, #3 Exhibit Public Redaction Version of Samsung's Opposition, #4 Declaration Gordon Dec ISO Samsung's Opposition, #5 Exhibit Exhibit 1 to Gordon's Dec, #6 Exhibit Exhibit 2 to Gordon's Dec, #7 Exhibit Exhibit 3 to Gordon's Dec, #8 Exhibit Exhibit 4 to Gordon's Dec, #9 Declaration Martin Dec ISO Samsung's Opposition, #10 Exhibit Exhibit 1 to Martin's Dec, #11 Exhibit Exhibit 10 to Martin's Dec, #12 Exhibit Exhibit 11 to Martin's Dec, #13 Exhibit Exhibit 12 to Martin's Dec, #14 Exhibit Exhibit 13 to Martin's Dec, #15 Declaration Price's Dec ISO Samsung's Opposition, #16 Exhibit Exhibit 2 to Price's Dec, #17 Exhibit Exhibit 5 to Price's Dec, #18 Exhibit Exhibit 6 to Price's Dec, #19 Exhibit Exhibit 8 to Price's Dec, #20 Exhibit Exhibit 11 to Price's Dec, #21 Exhibit Exhibit 13 to Price's Dec, #22 Declaration Sheppard's Dec ISO Samsung's Opposition, #23 Certificate/Proof of Service)(Maroulis, Victoria) (Filed on 3/13/2012)

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Cal. Bar No. 170151)
 [e-mail]
50 California Street, 22nd Floor
 San Francisco, California 94111
Telephone: [phone]
 Facsimile: [phone]
 Kevin P.B. Johnson (Cal. Bar No. 177129)
[e-mail]
 Victoria F. Maroulis (Cal. Bar No. 202603)
[e-mail]
 555 Twin Dolphin Drive 5th Floor
Redwood Shores, California 94065
 Telephone: [phone]
Facsimile: [phone]

Michael T. Zeller (Cal. Bar No. 196417)
 [e-mail]
865 S. Figueroa St., 10th Floor
 Los Angeles, California 90017
Telephone: [phone]
 Facsimile: [phone]
 Attorneys for SAMSUNG ELECTRONICS
CO., LTD., SAMSUNG ELECTRONICS
 AMERICA, INC. and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC



UNITED STATES DISTRICT COURT



NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

 APPLE INC., a California corporation,

CASE NO. 11-cv-01846-LHK



DECLARATION OF JOHN S. GORDON
IN SUPPORT OF SAMSUNG’S
OPPOSITION TO APPLE’S MOTION
FOR RULE 37(b)(2) SANCTIONS FOR
SAMSUNG’S ALLEGED VIOLATION OF
JANUARY 27, 2012 DAMAGES
DISCOVERY ORDER



Plaintiff,
vs.

 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.


Date: April 3, 2012
Time: 10:00 a.m.
Place: Courtroom 5, 4th Floor
Judge: Hon. Paul S. Grewal




EXHIBITS 5 AND 6 HERETO FILED UNDER SEAL




02198.51855/4644517.1

Case No. 11-cv-01846-LHK
GORDON DECLARATION IN SUPPORT OF SAMSUNG’S OPPOSITION
TO APPLE’S MOTION FOR RULE 37(B)(2) SANCTIONS

1

I, John S. Gordon, declare:

2

1.

I have personal knowledge of the facts set forth in this declaration, and if called as

3 a witness, I could and would testify to the facts stated herein.

This declaration is made in support

4 of Samsung’s Opposition to Apple’s Rule 37(b)(2) Motion for Samsung’s Violation of the January
5 27, 2012 Damages Discovery Order.
6

2.

I am an attorney at law, duly licensed and admitted to practice in the courts of the

7 State of California.

I am a partner at the law firm of Quinn Emanuel Urquhart & Sullivan LLP.

8 We are counsel of record for the Samsung defendants in Case No. 11-cv-01846-LHK (PSG).
9

3.

Attached hereto as Exhibit 1 is a true and accurate copy of Apple Inc.’s Disclosure

10 of Asserted Claims & Infringement Contentions, dated August 26, 2011.
11

4.

Attached hereto as Exhibit 2 is a true and accurate copy of Apple Inc.’s Addendum

12 to its Disclosure of Asserted Claims and Infringement Contentions, dated August 26, 2011.
13

5.

Attached hereto as Exhibit 3 is a true and accurate copy of Apple Inc.’s Amended

14 Objections and Response to Samsung Electronic Co. Ltd.’s Interrogatory No. 5 to Apple, Inc.,
15 dated March 4, 2012.
16

6.

Attached hereto as Exhibit 4 is a true and accurate copy of the January 6, 2012

17 email from Mark Selwyn to Todd Briggs titled “Apple v. Samsung – Draft Stipulation and
18 Proposed Order Regarding Adding Accused Products,” with the attached Stipulation and
19 [Proposed] Order Regarding Adding Accused Products.

To the best of my knowledge, the

20 stipulation was never executed and the proposed order was never issued by the Court.
21

7.

Timothy Sheppard, the Vice President of Finance and Operations at Samsung

22 Telecommunications America, LLC (“STA”), was deposed by Apple on February 29, 2012.

I

23 have read that deposition and have done an electronic search of the transcript for all references to
24 the term “Galaxy.”

Based on my review of the deposition transcript, Apple marked as deposition

25 exhibits (Exhs. 1920 and 1922) and questioned Mr. Sheppard about two financial information
26 spreadsheets produced by Samsung. Based on my recollection and on my electronic search of
27
02198.51855/4644517.1

28

Case No. 11-cv-01846-LHK
-2GORDON DECLARATION IN SUPPORT OF SAMSUNG’S OPPOSITION
TO APPLE’S MOTION FOR RULE 37(B)(2) SANCTIONS

1 the transcript, Apple’s counsel questioned Mr. Sheppard about the two spreadsheets, and Apple’s
2 counsel never asked Mr. Sheppard whether either one covered the T-Mobile and AT&T editions
3 of the Galaxy S II phone.

Apparently the court reporter did not fully copy the version of the

4 original spreadsheet appended as Exhibit 1920, so the hard copy of that exhibit provided by the
5 court reporter is missing almost the entirety of the spreadsheet.

But the original spreadsheet,

6 which I understand was produced to Apple on February 3, 2012 in native form, contains a tab
7 titled "Galaxy S II tab" with an accompanying worksheet titled "Galaxy S II/2 (GT-I9100)." The
8 third spreadsheet, Exhibit 1922, produced in hard copy, has on pages SAMNDCA003543339 SAMNDCA00354335 a worksheet titled "Galaxy S II/2 (GT-I9100)."
10

8.

Attached hereto as Exhibit 5 is a true and accurate copy of a March 6, 2012 letter

11 from Marc J. Pernick to Samsung's counsel raising various complaints Apple had about Samsung's
12 document production.

On page two of that letter, in bullet point two, Mr. Pernick stated the

13 following:
14
15
16
17

Mr. Sheppard testified that these spreadsheets are actually available at the level of
detail provided in Exhibit 1926, i.e., the Samsung global consolidating package
report. But Samsung has continued to withhold this information or any versions
of the spreadsheets that include this more granular level of detail, including any
documents used to verify or confirm the data. We have requested this level of
detail several times now. When you reproduce these spreadsheets in native
format––which we ask that you do by close of business tomorrow––please include
the level of detail for all entities that is shown in Exhibit 1926.

18
9.

Attached hereto as Exhibit 6 is a copy of the cover page and pages 8, 35-36, 43-48,

19
20

/

21

/

22

/

23
24
25
26
27
02198.51855/4644517.1

28

Case No. 11-cv-01846-LHK
-3GORDON DECLARATION IN SUPPORT OF SAMSUNG’S OPPOSITION
TO APPLE’S MOTION FOR RULE 37(B)(2) SANCTIONS

1 103-104, 114-115, 120-23, 150-153, 183-185, and the reporter's signature page of the March 10,
2 2012 transcript of the deposition of Jaehwang Sim, taken in Seoul, Korea.
3

I declare under penalty of perjury under the laws of the United States of America that the

4 foregoing is true and correct.
5

Executed on this 12th day of March, 2011, at Los Angeles, California.

6
7
8

By /s/ John S. Gordon
John S. Gordon
.

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
02198.51855/4644517.1

28

Case No. 11-cv-01846-LHK
-4GORDON DECLARATION IN SUPPORT OF SAMSUNG’S OPPOSITION
TO APPLE’S MOTION FOR RULE 37(B)(2) SANCTIONS