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 5

COMMISSION OF THE EUROPEAN COMMUNITIES
COM(87) 290 final

Brussels, 30 June 1987

TOWARDS A DYNAMIC EUROPEAN ECONOMY

GREEN PAPER

ON THE DEVELOPMENT OF THE COMMON MARKET

FOR TELECOMMUNICATIONS SERVICES AND EQUIPMENT

(Communication by the Commission)

COM(87) 290 final

Confidential Business Information,
Subject to Protective Order

S-ITC-003390381

PRESENTATION OF THE GREEN PAPER
ON TELECOMMUNICATIONS

Information, exchanges of knowledge, and communications are of
vital importance in economic activity and in the balance of power
in the world today. Policy makers are therefore concentrating on
ways of acquiring, processing, storing and transmitting
information. Telecommunications is the most critical area for
influencing the "nervous system" of modern society. To flourish, it
has to have optimum environmental conditions. In this respect, the
convergence of telecommunications, computing and applications of
electronics in general has now made possible the introduction of a
wide variety of new services. The traditional form of organsation
of the sector does not allow the full development of the potential
of these new services. In order to create an open and dynamic
market in this area it therefore seems necessary to introduce
regulatory changes to improve the sector’s environment.
These
changes should allow the full development of the supply of services
and equipment, thus making it possible for industry to take full
advantage of this potential. In particular, national frontiers
should not be allowed to hamper the development of a consistent
communications system within the European Community. The purpose of
the Green Paper on telecommunications is to initiate wide-ranging
discussions with all those concerned so as to help the Community
and its Member States to introduce the necessary changes to their
systems of regulation.

THE INEVITABLE TREND
For more than a century, telecommunications policy has been
conducted by the Telecommunications Administrations. In general a
fair balance has been achieved between national research and
development, and industrialisation capacities for user equipment
and services. Apart from the establishment of the single market
scheduled-for completion by 1992, there are many reasons why
telecommunications structures and policies now need to be
fundamentally reviewed. The earlier balance is now being upset by
several phenomena with a variety of effects :
the speed of technological diversification (signal
digitisation, optical cables, computer networks, cellular
telephony, satellites, etc.) ;

Confidential Business Information,
Subject to Protective Order

S-ITC-003390382

2,

the expanding range of new [orms of access to sources of
information (television, data bases and banks, knowledge banks,
image banks, expert systems, etc.) ;
the explosive growth in communications requirements (financial
and commercial transactions, research networks, international
tourism, cultural exchanges, world wide interdependence,
etc.) ;
the major importance of scale effects through multinational
participants.
Under pressure of events the authorities concerned are being
forced to review telecommunications regulations thoroughly,
partly in response to the measures taken in the United States
and Japan. These reviews must not ignore the Community
dimension which alone can make them consistent and optimise
their effects.
The issues at stake

Telecommunications are already, and will increasingly be of
critical importance to economic, social and cultural development in
Europe.

In economic terms, the importance of the sector can be seen from
the following figures. The conglomerate sector of the management
and transport of information already represents more than ECU 500
billion for the whole world.
The world market for
telecommunications equipment had reached ECU 90 billion by 1986, of
which ECU 17.5 billion was accounted for by the Community.
In 1985 world revenue from telecommunications services was almost
ECU 300 billion, of which the Community represented ECU 62.5
billion.
While in 1984 the telecommunications sector was slightly over 2% of
Community GDP, this proportion may rise to 7% by the end of the
century; between now and the year 2000, over ECU 500 billion will
have been invested in telecommunications in the Community. Growth
and investment in the sector on this scale will inevitably have
major effects on such crucial areas as data-processing,
electronics, software production, the supply of services, and
broadcasting.
In social and cultural terms, the accessibility to economic actors
of an effective system of production and transport of information
will give rise to profound transformations in the organisation of
production, its geographic location, and in the efficiency and
nature of services, with a beneficialeffect on both the level and
the nature of employment, as on life-styles.

Confidential Business Information,
Subject to Protective Order

S-ITC-003390383

3,

The telecommunications sector (manufacturing and service
currently supplies 1.3 million jobs, and it is further
that the competitiveness of over 60 million jobs will
dependent on information services and telecommunications
of the century.

provision)
estimated
be highly
by the end

THE CONVERGENCE OF CERTAIN TRENDS AT NATIONAL LEVELS
The Green Paper provides an analysis of the ideas and positions,
which are already well defined in some cases , of the various
partners in the Community. The undoubted complexity of the
situation is due to several factors: the effects of new
technological influences; the understandable attachment of staff,
manufacturers and users to established traditions that they are
reluctant to discard; and the diversity of the new services that
will have to be provided. On analysis, however, this complexity
shows a number of converging features that can and must prepare the
way for consensus. These include agreement on the need :
to promote the development of new services by setting them ina
more competitive framework ;
to safeguard the role of the Telecommunications
Administrations, operators of national public or private
networks, in the supply of infrastructure to carry information
and to this end to assure them of the resources to make them
financially viable ;
to allow these administrations to compete alongside other
suppliers in the provision of new services ;
to approach the decision-making process through consultations
with other parties directly concerned (users, equipment
manufacturers, Telecommunications Administrations staff) ;
to ensure the necessary transitions with regard to all European
manufacturers accustomed to living in symbiosis with their
Telecommunications Administrations ;
to ensure the interoperability of networks, terminals and
services by actively promoting the standardisation policy
conducted at European level since 1984.

Confidential Business Information,
Subject to Protective Order

S-ITC-003390384

4.

THE BASES FOR COMMUNITY ACTION
In the past the telecommunications monopoly was bound up with the
idea of national policy and public service. The new regulations
that have to be developed in each Member State to obtain
consistency throughout the Community are therefore a particularly
difficult problem. It seems out of the question to define in the
near future a complete set of criteria governing all the new
regulations.
The Member States have therefore embarked upon a
lengthy process, of an iterative nature. Technology and its
applications are setting out on a course of continuing development
in which there are still many unknown factors.

Some rules and principles adopted and implemented at Community
level will, however, supply the criteria which define the direction
of this movement :
as regards terminals, gradual but complete opening up of the
market to competition ;
as regards networks and provision of services, complete freedom
of access from any connection point ;
complete separation of the regulatory and operational
functions ;
as regards the social impact, close consultations with all
those involved to ensure a smooth transition and optimum
utilisation of network and service developments to create new
jobs ;
as regards coherence, assistance in the openlng up and economic
development of outlying regions through the advantages of the
new telecommunications services ;
as regards competition, application of the provisions of the
Treaty to all those concerned ;
as regards international decisions, the preparation of common
positions for negotiations within the organisations concerned
(CEPT, ITU, GATT, etc.).

Confidential Business Information,
Subject to Protective Order

S-ITC-003390385

5.

THE COMMISSION’S PROPOSALS FOR ACTION

The Commission has for some years been examining Community measures
for European telecommunications. The Green Paper sets out the
history of the decisions adopted by the Council. The development of
a broad-band network for the new integrated services is not the
sole objective of the RACE programme. Its main advantage is the
creation of a climate of co-operation between the various
Telecommunications Administrations working on its design and
implementation and between those administrations and the industry.
Like ESPRIT which laid the foundations for sound co-operation
between European manufacturers and researchers in computing, RACE
is essential to establish mutual confidence between the public and
private sectors in telecommunications. The rapid adoption of the
main phase of the RACE project is therefore a priority goal. As
regards cohesion, the situation is similar with the STAR programme,
designed to bring the outlying regions out of their isolation and
reduce development inequalities. The Green Paper also recommends
the rapid adoption of proposals on Digital Mobile Communications
and the full application of Recommendation 86/659/EEC on the
Co-ordinated Introduction of the Integrated Services Digital
Network (ISDN).
The extension of Directive 86/361/EEC is also proposed. It covers
the mutual recognition of tests required for type approval.
Recommendation 84/550/EEC on the gradual opening up of access to
public contracts should become a directive.
Alongside these proposals, (already familiar to specialists) the
implementation of which is to be speeded up, the Commission is
putting forward a number of proposals designed to promote the
transition towards a more competitive environment on a
Community-wide scale. The Green Paper therefore proposes :
reinforcement of the rapid development of standards and
specifications at national and European level. This should be
supported by the creation of a European Telecommunications
Standards Institute ;

definition of the conditions needed for Open Network Provision
to service providers and users ;
the stimulation of the development of new services and setting
up of an information market ;
definition of a coherent European position on satellite
communications ;
common definition of a consistent concept on relations with
non-member countries ;

Confidential Business Information,
Subject to Protective Order

S-ITC-003390386

6.

comparative analysis of the economic and social impact in the
different Community countries (acceptance by staff and users,
international division of labour, etc.) and common study of the
social consequences and impact on life-styles of the combined
applications of telecommunications, computing and audiovisual
facilities.

CONCLUSIONS
Decisions are urgently required. Under pressure from the measures
already adopted by the United States and Japan, and under pressure
from users, anxious to reduce state dominance and give a freer
reign to competition, several Community governments are now
defining their deregulation / reregulation policies. These must
take account of the requirements of the Single Act and its
application. In turn, European integration can move forward only if
it has at its disposal efficient networks of information systems
and services accessible at low cost that will make a vital
contribution to the establishment of the single market, the
competitiveness of its industry and the internal and external
cohesion which the Community has adopted as its goals.

The Green Paper acknowledges the differences in current situations
and the variety of trends. It proposes essentially a "hard core" of
proposals designed to ensure Community consistency in
telecommunications. The proposed process is iterative; it accepts
the existence of a movement, not all aspects of which can be
defined today. The fundamental purpose of the measures is therefore
to set off a dynamic process that will give the political, economic
and social actors involved a better understanding of their own
interests and to optimise their activities in the construction of
the Community. After consulting these actors, the Commission will,
before the end of 1987, present proposals allowing the Community
and the Member States to ensure the regulatory consistency required
for the best possible development of telecommunications as the
target of 1992 approaches.

Confidential Business Information,
Subject to Protective Order

S-ITC-003390387