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).

EXHIBIT 2

Page 5
Statutes of ETSI, 30 November 2011

Statutes of the
European Telecommunications Standards Institute

Version approved by General Assembly #58 (SCM)
on 30 November 2011
Article 1" The Institute
In accordance with the French law of 1 July 1901 and the decree of 16 August 1901, an association is
founded by the signatories to these Statutes.
The Association shall have the title "EUROPEAN TELECOMMUNICATIONS STANDARDS
INSTITUTE" and may be known by the acronym "ETSI" and hereinafter referred to as the Institute.
The European Telecommunications Standards Institute shall be non-profit making.

Article 2: Purpose
The objective of the Institute is to produce and perform the maintenance of the technical standards
and other deliverables which are required by its members.
As a recognized European Standards organization, an important task shall be to produce and perform
the maintenance of the technical standards which are necessary to achieve a large unified European
market for telecommunications, ICT, other electronic communications networks and services and
related areas.

At the international level, the Institute shall aim to contribute to world-wide standardization in the fields
described above.
The objective of the Institute may be achieved by any means. The Institute may carry out any action
relating directly or indirectly, wholly or in part, to its objective or which may develop or facilitate the
achievement of its objective.

Article 3: Scope of activities
The principal role of the Institute shall be technical pre-standardization and standardization in
Information and Communication Technology (ICT) at the European level including in the following
fields:
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Telecommunications, ICT, and other electronic communications networks and services

¯

Areas common to telecommunications, ICT, and other electronic communications networks
and services, and information technology in co-ordination with CEN and CENELEC

¯

Areas common to telecommunications, ICT, and other electronic communications networks
and services, and broadcasting (especially audio-visual and multi-media matters) in coordination with CEN, CENELEC and the EBU.

At the global level, the Institute shall contribute to world-wide standardization in the fields described
above to produce and perform the maintenance of the technical standards and other deliverables
which are required by its members.

In addition, the Institute shall be open to co-operation with other organizations when appropriate.
The activities of the Institute shall contribute to the production and the promotion of new harmonized
world-wide standards and furthermore shall build upon world-wide standards, existing or in
preparation.

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Statutes of ETSI, 30 November 2011

Article 4: Headquarters
The headquarters of the Institute shall be located in SOPHIA-ANTIPOLIS, VALBONNE
(Alpes-Maritimes), FRANCE.

Article 5: Duration
The duration of the Institute is unlimited.

Article 6: Membership
6.1

Membership of the Institute shall be divided into the following categories:
¯
¯

Network Operators

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Manufacturers

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Users

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6.2

Administrations, Administrative Bodies and National Standards Organizations

Service Providers, Research Bodies, Consultancy Companies/Partnerships, and others

Members of the Institute shall have one of the following types of status which shall be further
described in the Rules of Procedure:
¯

full member

¯

associate member

¯

observer

Reference to "member(s)" and "membership" shall be taken as applying to all the above
membership status unless the context indicates otherwise.
6.3

Members may participate individually and/or grouped in national or European organizations.
Members shall demonstrate their interest in the activities of the Institute and accept to comply
with these Statutes and the Rules of Procedure (cf. Article 11.2 below).

6.4

Full members shall be established in a country falling within the geographical area of the
European Conference of Postal and Telecommunications Administrations (CEPT).

6.5

Associate membership may be obtained by applicants not fully meeting the conditions for full
membership.

6.6

Observership may be obtained by applicants fulfilling the conditions for full or associate
membership but choosing not to have the right to participate fully in the proceedings of the
Institute.

6.7

All members shall have the right to participate in the meetings of the General Assembly.

Article 7: Admission to Membership
The conditions for admission to the Institute, and the payment of contribution, shall be governed by
the General Assembly.
Membership of the Institute shall be agreed by the General Assembly.

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Statutes of ETSI, 30 November 2011

Article 8: Termination of Membership
Membership may be terminated by dissolution, abolition, resignation, or expulsion.
Expulsion shall be decided by the General Assembly for non-payment of contribution or for other
substantial breach of obligations as a member. The member concerned shall have been invited
previously, by registered letter, to appear before the General Assembly to furnish an explanation.

Article 9: Resources
The funds of the Institute may be obtained from:
¯

contributions from members

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grants

¯

revenue from its assets

¯

sums received in return for services provided by the Institute

¯

any other resources authorized by the legislative and regulatory instruments.

Article 10: Structure
The Institute shall comprise a General Assembly, a Board, a Technical Organization, Special
Committees, Industry Specification Groups, and a Secretariat headed by a Director-General.

Article 11: General Assembly
11.1 The General Assembly shall be the highest authority of the Institute. It shall be constituted by all
of its members. Full members and associate members shall have the right to vote, in
conformance with Article 11.2 of the ETSI Rules of Procedure. Only full members shall be
considered when determining the quorum.
11.2 The General Assembly shall have the authority to make or ratify acts concerning the Institute.
Within the limits set by these Statutes, the General Assembly shall adopt Rules of Procedure
which establish details of the administration and operation of the Institute not provided in these
Statutes. Resolutions taken by the General Assembly in accordance with these Statutes or the
Rules of Procedure shall be binding for all members.
11.3 Representatives of the European Commission (EC) as well as representatives of the Secretariat
of the European Free Trade Association (EFTA) shall have a special status as Counsellors with
no right to vote.
11.4 The General Assembly Chairman, who is elected by the General Assembly and assisted by one
or more Vice Chairmen, also elected by the General Assembly, shall preside over the General
Assembly and put forward the matters of relevance to the Institute.

Article 12: Meetings of the General Assembly
12.1 Ordinary General Assembly meetings shall be held twice a year.
At least thirty days before the due date, the members of the Institute shall be given notice of the
meeting by the Director-General. A draft agenda and supporting documents shall be included
with the calling notice.

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Statutes of ETSl, 30 November 2011
The Director-General shall give an account of the management and finances of the Institute and
shall annually present the accounts and budget for the approval of the General Assembly.
12.2 The Chairman may, or on the written request of at least 20 full members shall, convene an
extraordinary General Assembly meeting. A minimum of 15 days notice shall be given for an
extraordinary meeting. A draft agenda and supporting documents shall be included with the
calling notice.
12.3 For specially convened meetings of the General Assembly held for the purpose of changing
these Statutes and the Rules of Procedure, see Article 18.
12.4 The voting procedures and required quorum for the meetings of the General Assembly shall be
stipulated in the Rules of Procedure.
12.5 Only matters included on the agenda shall be considered at meetings of the General Assembly.
12.6 Representatives of non-member organizations concerned with telecommunications and/or
related areas may be invited to attend meetings of the General Assembly.

Article 13: The Board
13.1 The Board shall be a body that acts on behalf of the General Assembly between General
Assembly meetings by exercising those powers and functions that are delegated to it by the
General Assembly.
13.2 The Board shall be appointed by the General Assembly.
13.3 Nomination of candidates for membership of the Board may be made by full and associate
members. Only representatives of full members can be members of the Board.
13.4 All members of the Institute shall have access to all documents related to Board meetings and
shall have the right to submit views to the Board. They shall have the right to appeal to the
General Assembly against any decision taken by the Board.
13.5 The Rules of Procedure shall make provisions for the Board’s:
¯

powers and functions

¯

appointment procedures, size and composition

¯

rules of operation, including voting procedure and required quorum.

Article 14: The Technical Organization
14.1 The task of the Technical Organization shall be the preparation of standards and other relevant
deliverables of the Institute.
14.2 Relevant parts of the Technical Organization may be given appropriate autonomy by means of
provisions stipulated in the Rules of Procedure.
14.3 All members of the Institute shall have the right to appeal to the Board and the General
Assembly against any decision taken at the level of the Technical Organization.

Article 15: Director-General
15.1 The Director-General shall be appointed by the General Assembly. The Director-General shall
be an ex-officio non-voting member of the General Assembly and the Board.

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Statutes of ETSI, 30 November 2011
15.2 The Director-General shall be the legal representative of the Institute. He shall hold chief
executive authority to manage and administer the affairs of the Institute in all matters, apart from
those which are expressly reserved for the General Assembly in these Statutes and the Rules
of Procedure, and which may be delegated to the Board.
15.3 The Director-General may temporarily delegate all or part of his responsibilities to a substitute
nominated by him.

Article 16: Secretariat
The Secretariat shall provide logistical support to, and assist the operation of, the Institute.

Article 17: Auditor
The General Assembly shall appoint an auditor for the Institute. It shall determine the annual
remuneration of the auditor.

Article 18: Amendments to these Statutes and the Rules of Procedure
These Statutes and the Rules of Procedure may only be amended by decision taken by the General
Assembly in a specially convened meeting called with a notice of not less than six weeks. The notice
shall be accompanied by an agenda and all the documents containing the proposed amendments.
The decisions shall be taken by qualified majority according to provisions which shall be stipulated in
the Rules of Procedure.

Article 19: Dissolution, Winding Up
In the event of a voluntary dissolution of the Institute, the General Assembly which had decided the
dissolution shall at the same time fix the terms of liquidation, shall appoint one or more liquidators to
dispose of the assets of the Institute, shall determine their powers and assign any remaining assets
after payment of the liabilities. Any balance of liabilities shall be borne by the members.

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