Apple Inc. v. Samsung Electronics Co. Ltd. et al
Filing
847
Administrative Motion to File Under Seal Samsung's Opposition to Apple's Motion for Partial Summary Judgment filed by Samsung Electronics Co. Ltd.. (Attachments: #1 Trac Declaration in Support of Motion to File Under Seal, #2 Samsung's Opposition to Apple's Motion for Partial Summary Judgment, #3 Hecht Declaration in Support of Opposition to Motion for Partial Summary Judgment, #4 Ex A, #5 Ex B1, #6 Ex B2, #7 Ex C1, #8 Ex C2, #9 Ex D, #10 Ex E, #11 Ex F1, #12 Ex F2, #13 Ex F3, #14 Ex F4, #15 Ex G, #16 Ex H, #17 Ex I, #18 Ex J1, #19 Ex J2, #20 Ex J3, #21 Ex J4, #22 Ex J5, #23 Ex J6, #24 Ex J7, #25 Ex J8, #26 Ex J9, #27 Ex J10, #28 Ex J11, #29 Ex K1, #30 Ex K2, #31 Ex K3, #32 Ex L, #33 Ex M, #34 Ex N, #35 Ex O1, #36 Ex O2, #37 Ex P1, #38 Ex P2, #39 Ex Q1, #40 Ex Q2, #41 Ex Q3, #42 Ex Q4, #43 Ex Q5, #44 Ex Q6, #45 Ex Q7, #46 Ex R, #47 Ex S1, #48 Ex S2, #49 Rosenbrock Declaration in Support of Opposition to Motion for Partial Summary Judgment, #50 Ex 1, #51 Ex 2, #52 Ex 3, #53 Ex 4, #54 Ex 5, #55 Ex 6, #56 Ex 7, #57 Ex 8, #58 Ex 9, #59 Ex 10, #60 Ex 11, #61 Ex 12, #62 Ex 13, #63 Ex 14, #64 Ex 15, #65 Ex 16, #66 Ex 17, #67 Ex 18, #68 Proposed Order Denying Apple's Motion for Summary Judgment, #69 Proposed Order Granting Samsung's Administrative Motion to File Under Seal)(Maroulis, Victoria) (Filed on 4/2/2012) Modified on 4/3/2012 Attachment #1 Trac Declaration placed under seal. Posting of attachments #16, 18, 19, 20 through 33, 37, 38, 47 and 48 are NOT in compliance with General Order 62 (dhm, COURT STAFF).
1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Bar No. 170151)
charlesverhoeven@quinnemanuel.com
2
50 California Street, 22nd Floor
3 San Francisco, California 94111
Telephone: (415) 875-6600
4 Facsimile: (415) 875-6700
Kevin P.B. Johnson (Bar No. 177129)
kevinjohnson@quinnemanuel.com
Victoria F. Maroulis (Bar No. 202603)
6
victoriamaroulis@quinnemanuel.com
th
7 555 Twin Dolphin Drive, 5 Floor
Redwood Shores, California 94065-2139
(650) 801-5000
8 Telephone:
Facsimile:
(650) 801-5100
9
5
Michael T. Zeller (Bar No. 196417)
michaelzeller@quinnemanuel.com
865 S. Figueroa St., 10th Floor
11
Los Angeles, California 90017
12 Telephone: (213) 443-3000
Facsimile: (213) 443-3100
13
10
14 Attorneys for SAMSUNG ELECTRONICS CO.,
LTD., SAMSUNG ELECTRONICS AMERICA,
15 INC. and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC
16
17
UNITED STATES DISTRICT COURT
18
NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION
19
20 APPLE INC., a California corporation,
Plaintiff,
21
22
vs.
23 SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity; SAMSUNG
24 ELECTRONICS AMERICA, INC., a New
York corporation; SAMSUNG
25 TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,
26
Defendant.
27
CASE NO. 11-cv-01846-LHK
DECLARATION OF DAVID L. HECHT
IN SUPPORT OF DEFENDANT
SAMSUNG’S OPPOSITION TO APPLE'S
MOTION FOR PARTIAL SUMMARY
JUDGMENT
Date:
Time:
Place:
Judge:
May 10, 2012
1:30 p.m.
Courtroom 4, 5th Floor
Hon. Lucy H. Koh
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02198.51855/4685846.2
Case No. 11-cv-01846-LHK
DECLARATION OF DAVID L. HECHT
1
I, David L. Hecht, declare:
2
1.
I am an associate in the law firm of Quinn Emanuel Urquhart & Sullivan, LLP,
3 counsel for Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung
4 Telecommunications America, LLC (collectively “Samsung”). I have personal knowledge of the
5 facts set forth in this declaration and, if called upon as a witness, I could and would testify to such
6 facts under oath.
7
2.
Attached hereto as Exhibit A is a true and correct copy of the "Technologies"
8 webpage of the European Telecommunications Standards Institute (“ETSI”) website, available at
9 http://etsi.org/WebSite/Technologies/Technologies.aspx, visited on March 30, 2012.
10
3.
Attached hereto as Exhibit B1 is a true and correct copy of the ETSI IPR Policy
11 approved by the ETSI General Assembly on November 18-19, 1997. This copy of the policy was
12 produced by Samsung with Bates Numbers S-ITC-003356882-6887.
13
4.
Attached hereto as Exhibit B2 is a true and correct copy of the ETSI IPR Policy
14 dated April 8, 2009. This copy of the policy was produced by Samsung with Bates Numbers S15 794-ITC-005517403-7413.
16
5.
Attached hereto as Exhibit C1 is a true and correct copy of the ETSI Guide on
17 IPRs approved by the ETSI Board in September 2004. This copy of the guide was produced by
18 Samsung with Bates Numbers S-794-ITC-005285649-5672.
19
6.
Attached hereto as Exhibit C2 is a true and correct copy of the ETSI Guide on
20 IPRs endorsed by ETSI Board #60 on January 25, 2007. This copy of the guide was produced by
21 Samsung with Bates Numbers S-ITC-003356833-6855.
22
7.
Attached hereto as Exhibit D is a true and correct copy of the ETSI IPR Policy
23 FAQs on the ETSI website, available at
24 http://etsi.org/WebSite/AboutETSI/IPRsInETSI/IPR_Policy_FAQ.aspx. This copy of the FAQs
25 was produced by Samsung with Bates Numbers S-794-ITC-005517414-7416.
26
8.
Attached hereto as Exhibit E is a true and correct copy of a declaration issued by
27 Samsung to ETSI and dated December 14, 1998. This copy of this declaration was produced by
28 Samsung with Bates Number S-794-ITC-005517182.
02198.51855/4685846.2
-1-
Case No. 11-cv-01846-LHK
DECLARATION OF DAVID L. HECHT
1
9.
Attached hereto as Exhibit F1 is a true and correct copy of an IPR Information
2 Statement and Licensing Declaration, issued by Samsung to ETSI and dated September 29, 2003.
3 This copy of this statement was produced by Samsung with Bates Numbers S-794-ITC4 005517283-7304.
5
10.
Attached hereto as Exhibit F2 is a true and correct copy of an IPR Information
6 Statement and Licensing Declaration, issued by Samsung to ETSI and dated May 16, 2006. This
7 copy of this statement was produced by Samsung with Bates Numbers S-794-ITC8 005517211-7727.
9
11.
Attached hereto as Exhibit F3 is a true and correct copy of an IPR Information
10 Statement and Licensing Declaration, issued by Samsung to ETSI and dated August 7, 2007. This
11 copy of this statement was produced by Samsung with Bates Numbers S-794-ITC12 005517177-7181.
13
12.
Attached hereto as Exhibit F4 is a true and correct copy of an IPR Information
14 Statement and Licensing Declaration, issued by Samsung to ETSI and dated July 24, 2008. This
15 copy of this statement was produced by Samsung with Bates Numbers S-794-ITC16 005517228-7232.
17
13.
Attached hereto as Exhibit G is a true and correct copy of relevant pages of
18 Apple's Responses to Samsung's Fourth and Fifth Sets of Requests for Admissions, served by
19 Apple on March 10, 2012.
20
14.
Attached hereto as Exhibit H is a
15.
Attached hereto as Exhibit I is a true and correct copy of Samsung's Complaint for
21
22
23
24 Patent Infringement against Apple (Case No. 5:11-cv-02079-LHK), filed on April 27, 2011.
25
16.
Attached hereto as Exhibit J1 is
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27
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02198.51855/4685846.2
-2-
Case No. 11-cv-01846-LHK
DECLARATION OF DAVID L. HECHT
1
17.
Attached hereto as Exhibit J2 is
18.
Attached hereto as Exhibit J3 is
19.
Attached hereto as Exhibit J4 is
20.
Attached hereto as Exhibit J5 is
21.
Attached hereto as Exhibit J6 is
22.
Attached hereto as Exhibit J7
23.
Attached hereto as Exhibit J8 is a
24.
Attached hereto as Exhibit J9 is
25.
Attached hereto as Exhibit J10 is
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02198.51855/4685846.2
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Case No. 11-cv-01846-LHK
DECLARATION OF DAVID L. HECHT
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26.
Attached hereto as Exhibit J11 is
27.
Attached hereto as Exhibit K1 is
28.
Attached hereto as Exhibit K2 is
29.
Attached hereto as Exhibit K3 is
30.
Attached hereto as Exhibit L is a true and correct copy of relevant pages of Apple's
2
3
4
5
6
7
8
9
10
11
12
13
14 Objections and Responses to Samsung's Fourth Set of Interrogatories, served by Apple on March
15 10, 2012.
16
31.
Attached hereto as Exhibit M is
32.
Attached hereto as Exhibit N is a true and correct copy of a publication entitled "Is
17
18
19
20
21 the Patent Ambush Prerequisite Met? Assessing the Extent of Ex Ante IPR Disclosure within
22 Standard Setting" by Anne Layne-Farrar, published August 18, 2011. An electronic copy of this
23 publication is also available online at http://ssrn.com/abstract=1912198.
24
33.
Attached hereto as Exhibit O1 is a true and correct copy of an IPR Information
25 Statement and Licensing Declaration, issued by Apple to ETSI and dated July 19, 2007. This
26 copy of this statement was produced by Samsung with Bates Numbers S-ITC-003126935-6941.
27
34.
Attached hereto as Exhibit O2 is a true and correct copy of an IPR Information
28 Statement and Licensing Declaration, issued by Apple to ETSI and dated November 11, 2011.
02198.51855/4685846.2
-4-
Case No. 11-cv-01846-LHK
DECLARATION OF DAVID L. HECHT
1 This copy of this statement was produced by Samsung with Bates Numbers S-ITC2 003126942-6968.
3
35.
Attached hereto as Exhibit P1 is a true and correct copy of relevant pages of Boris
4 Teksler's February 24, 2012 deposition transcript.
5
36.
Attached hereto as Exhibit P1 is a true and correct copy of relevant pages of Gert
6 Jan Van Lieshout's November 4, 2011 deposition transcript. Mr. Van Lieshout is a Samsung
7 employee.
8
37.
Attached hereto as Exhibit Q1 is a true and correct copy of U.S. Patent No.
9 6,928,604.
10
38.
Attached hereto as Exhibit Q2 is a true and correct copy of U.S. Patent No.
11 7,200,792.
12
39.
Attached hereto as Exhibit Q3 is a true and correct copy of U.S. Patent No.
13 7,362,867.
14
40.
Attached hereto as Exhibit Q4 is a true and correct copy of U.S. Patent No.
15 7,386,001.
16
41.
Attached hereto as Exhibit Q5 is a true and correct copy of U.S. Patent No.
17 7,675,941.
18
42.
Attached hereto as Exhibit Q6 is a true and correct copy of U.S. Patent No.
19 7,447,516.
20
43.
Attached hereto as Exhibit Q7 is a true and correct copy of U.S. Patent No.
21 7,050,410.
22
44.
Attached hereto as Exhibit R is a true and correct copy of the European
23 Commission's decision on Case No COMP/M.6381 – Google/Motorola Mobility. The decision is
24 available at
25 http://ec.europa.eu/competition/mergers/cases/decisions/m6381_20120213_20310_2277480_EN.p
26 df.
27
28
02198.51855/4685846.2
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Case No. 11-cv-01846-LHK
DECLARATION OF DAVID L. HECHT
1
45.
Attached hereto as Exhibit S1 is a true and correct copy of a letter from Peter J.
2 Kolovos of Wilmer Hale to Rachel Herrick Kassabian and Diane Hutnyan of Quinn Emanuel,
3 dated March 6, 2012.
4
46.
Attached hereto as Exhibit S2 is a true and correct copy of a letter from Jason
5 Barlett of Morrison and Foerster to Diane Hutnyan of Quinn Emanuel, dated March 14, 2012.
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02198.51855/4685846.2
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Case No. 11-cv-01846-LHK
DECLARATION OF DAVID L. HECHT
1
2
I declare under penalty of perjury that the foregoing is true and correct. Executed in New
3 York, New York on April 2, 2012.
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6
/s/ David L. Hecht
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David L. Hecht
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02198.51855/4685846.2
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Case No. 11-cv-01846-LHK
DECLARATION OF DAVID L. HECHT
1 GENERAL ORDER ATTESTATION
2
I, Victoria Maroulis, am the ECF user whose ID and password are being used to file the
3
foregoing document. I hereby attest pursuant to General Order 45.X.B. that concurrence in the
4
electronic filing of this document has been obtained from David L. Hecht.
5
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/s/ Victoria Maroulis
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02198.51855/4685846.2
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Case No. 11-cv-01846-LHK
DECLARATION OF DAVID L. HECHT