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 18

ETSI/GA 17(93)10

ETSi

G17P010A.WFW
CECijg
9 July 1993
Page ~ of 1

EUROPEAN TELECOMMUNICATIONS STANDARDS INSTITUTE

Specially Convened General AssembLy Meeting (GA17)
Sophia Antipolis, 12 July 1993
Date:

9 July 1993

Source:

CEC, Mr. C.D. Ehlermann

Title:

CBEMA/ETSI, Letter from the European Commission, Mr.
C.D. Ehlermann and the ETSI reply

Agenda item:

2

Document for:

Information

Please find attached, as Annex 1, the letter addressing to ETSI the formal complaint from the
Computer and Business Equipment Manufacturers Association "CBEMA". This document
contained 60 pages plus an Annex of 24 pages,
Annex 2 represents a first reply from ETS] to the Commission and annex 3 is a Collective Letter
addressed to the ETSI TC and STC Chairmen on the subject.

Confidential Business Information,
Subject to Protective Order

S-ITC-003390937

ETSI

ETSI/GA17(93)lO
G17P0~0A.WFW

cEc!jg

9 July "1993

EUROPEAN TELECOMMUNICATIONS STANDARDS iNSTITUTE

ANNEX 1 to ETSIiGA17(93)10

Confidential Business Information,
Subject to Protective Order

S-ITC-003390938

~I

COMMISSION
OF THE EUROPEAN
COMMUNITIES

Brussels,
SHS/mvn

FOA COI’£PET ITIOH

Mr. Antonio Castillo Holqado
Chairman, General Assembly
European Telecommunications
standards Institute
Routes des Lucioles
F - 06561 sophia Antipolis
Valbonne

Dear Mr. Castillo,

Re:

Case No IV/34.760, CBEMA/ETSI

The Directorate-General for Competition of the European Commission has
received a formal complaint pursuant to Article 3 of Regulation 17/62
of the Council against the European Telecommunications standards
Institute "ETSI" from the Computer and Business Equipment Manufacturers
Association "CBEMA", alleging infringements of Articles 85 and 86 of
the EEC Treaty in connection with the adoption by ETSI’s General
Assembly of an Interim Intellectual Property Rights Policy and
Undertaking. Specifically, the complainant requests the commission to
declare the Policy and Undertaking to be in violation of Articles 85
and 86 and to order ETSI to amend the Policy, the Undertaking, the
statutes and the Rules of Frocedure so as to permit companies to
participate in all ETSI’s standard-setting activities without the
imposition of an obligation to license their IPRs. To preserve the
status quo during the commission’s investigation of the allegations,
the complainant requests the commission to adopt interim measures inter
alia preventing ETSI from suspending or expelling members who do not
sign the Undertaking.

I attach a copy of the complaint and its attachments and invite you to
submit any comments you may have.
As the complaint has just been received very recently by my services, a
detailed analysis of the allegations has not yet been completed and
wil! of course also include an examination of any remarks you may
submit as well as information which will if necessary be obtained from
individual ETS! members.
I should point out, however, that if experts coming from companies who
have not yet signed the Undertaking were already now barred from
participating in the work of ETSI’s committees, the commission would be
required to decide forthwith whether the complainant’s request for

Rue de la Loi 200 - ~-]D49 Brues~is - Belgium
...................................................................................................................

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Subject to Protective Order

S-ITC-003390939

- 2 -

interim measures is justified. I refer in this conneczion to a letter
dated 7 May 1993 from Mr. Reid of ETSI’s PMC Department, annexed to the
complaint as Attachment 16, in which he informs the chairmen of all
committees that only experts coming "from those companies which have
signed the Policy and the Undertaking" should now contribute to ETSI’s
work.
Finally, and regardless of the outcome of Zhis case, I would, in the
interest of non-members, like to take this opportunity to repeat the
policy stated in the commission’s letter to ETSI of 25 November 1992
with respect Zo the availability of European sZandards to all persons
wishing to use them on fair, reasonable and non-discriminatory terms as
well as the comments made on this subject by the commission’s
representative before ETSI’s 15th General Assembly in March 1993.
I would be grateful if you could communicate the contents of this
letter to ETSI’s Members and of course, if you feel it is appropriate,
to any other interested parties such as observers or counsellors.

..... ii

A

c. D. EHLERMANN

Confidential Business Information,
Subject to Protective Order

S-ITC-003390940

ETSI

ETSi/GA 17(93) 10
G1 7P010A,WFW
CEC/jg
9 July 1993

EUROPEAN TELECOMMUNICATIONS STANDARDS iNSTITUTE

ANNEX 2 to ETSIiGA17(93)10

Confidential Business Information,
Subject to Protective Order

S-ITC-003390941

£1r81
PMC/158/PR!gg

Sophia Antipolis, 1 July 1993
Mr C.D. EHLERMANN
C.E.C.
D.G. IV
Avenue de Cortenberg 150
B - 1040 BRUSSELS

Dear Mr Ehlermann,

Case No 1V/34.760-CBEMAJETSI
Thank you for your fax of today’s date to the Chairman of the ETS~ General
Assembly, Dr A. Castillo. We shall of course be giving the matter our sedous and
urgent attention.
As an immediate reaction from the Secretariat, I would like to comment on the
question of the letter from Mr Reid dated 7 May 1993.
The ambiguity of the word "now" was noted during a recent co-ordination meeting of
our Technical Committee Chairmen. Mr Reid agreed that the word was indeed open
to misinterpretation but, being English, confirmed that the intended interpretation
was a commonly used form, implying "as a consequence of" rather than "from now
on". In order to confirm this interpretation among our Technical Committee
Chairmen, a letter has been prepared and a copy is enclosed for your information.
I would like to make it very clear that any consequences resulting from the ETSt IPR
Policy and Undertaking can only be put into force six months after the appropriate
amendments to the ETSI Statutes and Rules of Procedure. This means, in
particutar, that no action could be possib{e before 1 February 1994 at the earliest,
and onty under the express dire~on of our Generat Assembly, which is the ETSI
body having the appropriate authority for these matters.
I trust that this explanation will satisfy your concems on this particular point, but I
shall be pleased to comment further if required. Regarding the complaint in general,
I am confident that Dr Castiilo will discuss the matter in depth with me and other
ETSt officials and will contact you in due course.
Yours sincerely,

Karl Heinz Rosenbrock
Director
cc : Dr A. CastiUo
EUROPEAN TELECOMMUNICATfONS STANDARDS INSTITUTE
JNSTIlqJT EUF~OPEEN DES NORMES DE TELECOMMUNICATION
EUROP~,ISCHES INSTITUT FOR TELEKOMMUNIKATJONSNORMEN
PostaJ address : ETS[ - 06921 8ophi~ Antipolis Cedex FRANCE
O~f~ce address : Route des Lucioles - Sophia AntJpo~i8 - Valbonne FRANCE

Confidential Business Information,
Subject to Protective Order

T6L : + ,33 92 94 42 00
T6161ax : + 33 93 65 47 16
T~lex : 470 040 F
Siret n° 348 623 562 00017

S-ITC-003390942

ETSl

ETSI/GA17(93) l O
G17P010A.WFW
CEC/jg
9 July 1’ 993

EUROPEAN TELECOMMUNICATfONS STANDARDS INSTITUTE

ANNEX 3 to ETSliGA17(93)10

Confidential Business Information,
Subject to Protective Order

S-ITC-003390943

£1"8!
PMC/157/PR/gg

Sophia Antipolis, 1 July 1993

To : All TC and STC Chairmen

Dear Colleagues,
Participation of Non-Members in TC/STC Meetings
The 14th TC Chairmen’s co-ordination meeting (TCC14), 25-27 May 1993, took
note of an ambiguity in a letter on the above subject sent to you by Paul Reid on 7
May. The ambiguity related to the use of the word "now" which, it was argued, could
imply that any measures to exclude organisations from ETSI meetings because they
had not signed the IPR Undertaking would take place with immediate effect. It was
underlined by Mr Reid that this was not the intention of the ratter and in
consequence the following minute was recorded in the report of the meeting (dated
17 June 1993) :
Mr. von Studnitz (Chairman TF_./AVM) commented on a letter from the ETSI
Secretariat which implied from the use of the word "now" that the conditions stated
above applied immediately [ETSI/TCC14(93)52]. Mr Reid (ETSI Secretariat)
explained that the use of the word "now" in this case meant "as a consequence of"
rather than "from now on".
This is an accepted alternative meaning of the word in English. The report goes on
to confirm that any such restrictions could not take place until early 1994 at the
earliest and only after the necessary changes to the ETSI statutes had been made,
the prescribed time scale had elapsed, and the full legal basis was truly in place :
. MrAsk (Deputy Director) gave a short introduction on the effects of the IPR Policy
and Undertaking on the work of TC Chaimen. It was explained that the implications
could not take place until 6 months after the agreed changes to the ETSI Statutes
had taken place which was scheduled for 12 July 1993. Therefore, it would be early
1994 before the full effects would be in place. As a consequence it would be
essential to ensure that only ETSI members who had signed the undertaking were
permitted to attend ETSI meetings. Furthermore the scope of new work items
proposed to the Technical Assembly would need to be clear and explicit enabling
the 180 day peffod to commence.
EUROPEAN TELECOMMUNICATIONS STANDARDS INSTITUTE
INSTITUT EUROPEEN DES NORMES OE TELECOMMUNJCATFON
EUROP,~,ISCBES INSTITUT FOR TELEKOMMUNIKATIONSSTANDARDS
Postal address : ETSI - 0692~, Sophia Antipolis Cedex FRANCE
Office address : Route des Lucioles, Sophia An~.ipoE~s - Valbonne FRANCE

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Subject to Protective Order

Tel. : + 33 92 94 42 O0
Teletax : [phone]
Telex : 470 040 F
Sirel n~ 348 623 562 00017

S-ITC-003390944

Mr Ask went on to explain that the General Assembly is the sovereign body for
decisions regarding actions to be taken concerning those organisations which
decline to sign the Policy and Undertaking. This is not a matter within the
responsibility of either the Technical Assembly or the ETSI Secretariat.
I would ask you to take note of this clarification and to take no action on this matter
for the time being, i will inform you in due course when the implications of the Policy
and Undertaking will take effect. In the meantime, please do not hesitate to contact
me if you require additional guidance.
Yours sincerely,

Karl Heinz Rosenbrock
Director

Confidential Business Information,
Subject to Protective Order

S-ITC-003390945