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

Filing 827

OPPOSITION to ( #781 Administrative Motion to File Under Seal ) Apple's Opposition to Samsung's Motion to Compel Production of Documents Relating to Apple's Efforts to Obtain Design Patents Related to the Patents-in-Suit filed byApple Inc.. (Attachments: #1 Jason Bartlett Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Proposed Order)(Jacobs, Michael) (Filed on 3/21/2012) Modified text on 3/22/2012 (dhm, 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]
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]

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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.,

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Case No.
Plaintiff,

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,

11-cv-01846-LHK (PSG)

DECLARATION OF JASON R.
BARTLETT IN SUPPORT OF
APPLE’S OPPOSITION TO
SAMSUNG’S MOTION TO
COMPEL PRODUCTION OF
DOCUMENTS RELATING TO
APPLE’S EFFORTS TO OBTAIN
DESIGN PATENTS RELATED TO
THE PATENTS-IN-SUIT

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Defendants.
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BARTLETT DECL. ISO OPP. TO SAMSUNG’S MTC PRODUCTION OF DESIGN PATENT DOCS
CASE NO. 11-CV-01846 LHK (PSG)
sf-3122421

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I, JASON R. BARTLETT, declare as follows:

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1.

I am a partner at the law firm of Morrison & Foerster LLP, counsel for Apple Inc.

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(“Apple”). I am licensed to practice law in the State of California. I have personal knowledge of

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the matters stated herein or understand them to be true from members of my litigation team. I

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make this declaration in support of Apple’s Opposition to Samsung’s Motion to Compel.

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2.

In response to Samsung’s requests for production asking for documents “relating

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to” Apple’s patents-in-suit, Apple produced well over 3,000 patents and published applications

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that are in the family trees of or cited as prior art to the patents-in-suit, including foreign

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counterparts, as well as thousands of non-patent prior art references, despite the significant

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burden of production and the fact that this material is publicly available. Five foreign patents

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related to the patents-in-suit had to be special ordered, and Apple expects to receive and produce

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them by the end of the month. I understand from my team that there are at least 4,000 prior art

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references for the ‘381 patent alone. Production of this material required coordination between

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Apple’s outside counsel responsible for this litigation, Apple’s outside counsel responsible for

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prosecution of the patents-in-suit, and outside vendors who could handle pulling the massive

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volume of data being produced.

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3.

Attached as Exhibit 1 is a true and correct copy of a form declaration for a utility

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or design patent application, acquired from the USPTO website at

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http://www.uspto.gov/web/offices/pac/mpep/mpep_e8r7_0600.pdf. This is also available online

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at http://www.uspto.gov/web/offices/pac/mpep/documents/0600_602.htm#sect602.

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4.

Attached as Exhibit 2 is a true and correct copy of an excerpt from the transcript

of the June 17, 2011 hearing before this Court regarding Samsung’s expedited discovery motion.
I declare under penalty of perjury that the foregoing is true and correct. Executed this
21st day of March, 2012 at San Francisco, California.

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/s/ Jason R. Bartlett
Jason R. Bartlett

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BARTLETT DECL. ISO OPP. TO SAMSUNG’S MTC PRODUCTION OF DESIGN PATENT DOCS
CASE NO. 11-CV-01846 LHK (PSG)
sf-3122421

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ATTESTATION OF E-FILED SIGNATURE

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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 Jason R. Bartlett has

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concurred in this filing.

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Dated: March 21, 2012

/s/ Michael A. Jacobs
Michael A. Jacobs

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BARTLETT DECL. ISO OPP. TO SAMSUNG’S MTC PRODUCTION OF DESIGN PATENT DOCS
CASE NO. 11-CV-01846 LHK (PSG)
sf-3122421

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