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

Filing 857

Administrative Motion to File Under Seal Samsung's Supplemental Response to Apple's Corrected Reply In Support of Rule 37(b)(2) Motion, filed by Samsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Attachments: #1 Exhibit Public Redacted Version of Samsung's Supplemental Response, #2 Declaration of Christopher Price In Support of Samsung's Supplemental Response, #3 Exhibit A (filed under seal), #4 Exhibit B (filed under seal), #5 Exhibit C (filed under seal), #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I (filed under seal), #12 Exhibit J (filed under seal), #13 Exhibit K (filed under seal), #14 Declaration of Joby Martin In Support of Samsung's Administrative Motion to File Documents Under Seal, #15 Proposed Order Granting Samsung's Administrative Motion to File Documents Under Seal)(Maroulis, Victoria) (Filed on 4/7/2012)

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Bar No. 170151)
 [e-mail]
50 California Street, 22nd Floor
 San Francisco, California 94111
Telephone: [phone]
 Facsimile: [phone]
 Kevin P.B. Johnson (Bar No. 177129)
[e-mail]
 Victoria F. Maroulis (Bar No. 202603)
[e-mail]
th
 555 Twin Dolphin Drive, 5 Floor
Redwood Shores, California 94065-2139
 Telephone: [phone]
Facsimile: [phone]

 Michael T. Zeller (Bar No. 196417)
[e-mail]
 865 S. Figueroa St., 10th Floor
Los Angeles, California 90017
 Telephone: [phone]
Facsimile: [phone]

 Attorneys for SAMSUNG ELECTRONICS CO.,
LTD., SAMSUNG ELECTRONICS AMERICA,
 INC. and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC



UNITED STATES DISTRICT COURT



NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

 APPLE INC., a California corporation,

ASE NO. 11-cv-01846-LHK (PSG)



DECLARATION OF CHRISTOPHER E.
PRICE IN SUPPORT OF SAMSUNG’S
SUPPLEMENTAL RESPONSE TO
APPLE'S CORRECTED REPLY IN
SUPPORT OF RULE 37(b)(2) MOTION
RE: SAMSUNG'S ALLEGED VIOLATION
OF JANUARY 27, 2012 DAMAGES
DISCOVERY ORDER



Plaintiff,
vs.

 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,

Defendants.



Date:
Time:
Place:
Judge:

April 9, 2012
10:00 a.m.
Courtroom 5, 4th Floor
Hon. Paul S. Grewal


02198.51855/4686389.1

Case No. 11-cv-01846-LHK (PSG)
DECLARATION OF CHRISTOPHER E. PRICE

1

DECLARATION OF CHRISTOPHER E. PRICE



I, Christopher E. Price, declare as follows:



1.

I am Of Counsel with the law firm of Quinn Emanuel Urquhart & Sullivan, LLP,

 counsel for Samsung Electronics Co., Ltd., Samsung Electronics America, Inc. and Samsung
 Telecommunications America, LLC (collectively, “Samsung”). I submit this declaration in
 support of Samsung's Supplemental Response to Apple's Corrected Reply in Support of Rule
 37(b)(2) Motion re: Samsung's Alleged Violation of January 27, 2012 Damages Discovery
 Order. I have personal knowledge of the facts set forth in this declaration, except as otherwise
 noted, and, if called upon as a witness, I could and would testify to such facts under oath.


2.

Attached as Exhibit A is a true and correct copy of relevant excerpts of the March

 30, 2012 deposition transcript of Timothy Sheppard, as a Rule 30(b)(6) witness on behalf of
 SEA and STA on particular financial topics.


3.

Attached as Exhibit B is a true and correct copy of relevant excerpts of the March

 31, 2012 deposition transcript of Jaehwang Sim, a Rule 30(b)(6) witness on behalf of SEC on
 particular financial topics.


4.

Attached as Exhibit C is a true and correct copy of the Expert Report of Terry

 Musika, dated March 22, 2012.


5.

Attached as Exhibit D is a true and correct copy of the product specifications for

 the Galaxy S II (AT&T edition).


6.

Attached as Exhibit E is a true and correct copy of the product specifications for

 the Galaxy S II (T-Mobile edition).


7.

Attached as Exhibit F is a true and correct copy of the product specifications for

 the Galaxy S II Epic 4G Touch.


8.

Attached as Exhibit G is a true and correct copy of the product specifications for

 the Galaxy S II Skyrocket.



02198.51855/4686389.1

Case No. 11-cv-01846-LHK (PSG)
DECLARATION OF CHRISTOPHER E. PRICE

1

9.

Attached as Exhibit H are true and correct copies of printouts from the websites

2 of AT&T and Sprint showing the prices at which the Galaxy S II, Galaxy S II Epic 4G Touch
3 and Galaxy S II Skyrocket are sold as of the date of this filing.
4

10.

Attached as Exhibit I is a true and correct copy of relevant excerpts of the March

5 10, 2012 deposition transcript of Jaehwang Sim, a Rule 30(b)6) witness on behalf of SEC on
6 particular financial topics.
7

11.

Attached as Exhibit J is a true and correct copy of relevant excerpts of the

8 February 29, 2012 deposition transcript of Timothy Sheppard, as a Rule 30(b)(6) witness on
9 behalf of SEA and STA on particular financial topics.
10

12.

Attached as Exhibit K is a true and correct copy of a document Samsung

11 produced in this action, Bates numbered SAMNDCA00372946.
12

I declare under penalty of perjury under the laws of the United States of America that the

13 foregoing is true and correct.
14

Executed on April 7, 2012, at Los Angeles, California.

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17
Christopher E. Price
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02198.51855/4686389.1

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Case No. 11-cv-01846-LHK (PSG)
DECLARATION OF CHRISTOPHER E. PRICE