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

Filing 87

Declaration of Patrick Zhang in Support of #86 MOTION for Preliminary Injunction filed byApple Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52)(Related document(s) #86 ) (Bartlett, Jason) (Filed on 7/1/2011)

Exhibit 52

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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APPLE INC., A CALIFORNIA
CORPORATION,

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PLAINTIFF,

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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,

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DEFENDANTS.

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C-11-01846 LHK
SAN JOSE, CALIFORNIA
MAY 12, 2011
PAGES 1-52

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TRANSCRIPT OF PROCEEDINGS
BEFORE THE HONORABLE LUCY H. KOH
UNITED STATES DISTRICT JUDGE

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APPEARANCES ON NEXT PAGE

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OFFICIAL COURT REPORTER: LEE-ANNE SHORTRIDGE, CSR, CRR
CERTIFICATE NUMBER 9595

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A P P E A R A N C E S:

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FOR THE PLAINTIFF:

MORRISON & FOERSTER
BY: HAROLD J. MCELHINNY,
MICHAEL A. JACOBS,
JASON R. BARTLETT, AND
GRANT L. KIM
425 MARKET STREET
SAN FRANCISCO, CALIFORNIA 94105

ALSO PRESENT:

MAUREEN MCCALL AND JAMES WITT

FOR THE DEFENDANT:

QUINN, EMANUEL, URQUHART,
OLIVER & HEDGES
BY: CHARLES K. VERHOEVEN AND
ERIK C. OLSON
50 CALIFORNIA STREET, 22ND FLOOR
SAN FRANCISCO, CALIFORNIA 94111

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BY:
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VICTORIA F. MAROULIS AND
KEVIN P.B. JOHNSON
555 TWIN DOLPHIN DRIVE
SUITE 560
REDWOOD SHORES, CALIFORNIA 94065

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2

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OKAY.

GO AHEAD, PLEASE.

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MR. VERHOEVEN:

SINCE THERE'S NO

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OBJECTION, COULD I -- MAY I HAND UP THESE SLIDES,

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YOUR HONOR?

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THE COURT:

YES, PLEASE.

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(PAUSE IN PROCEEDINGS.)

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MR. VERHOEVEN:

AND AS TO THE ISSUE OF

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TIME GOING PAST, YOUR HONOR, ON SLIDE 2, WE JUST

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PUT THE BASIC CASE LAW THAT I'M SURE YOUR HONOR IS

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AWARE OF.
IF YOU WAIT TOO LONG BEFORE YOU FILE A

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PRELIMINARY INJUNCTION MOTION, YOU CAN'T SHOW

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IRREPARABLE HARM AS A MATTER OF LAW.

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AND HERE ON SLIDE 3, YOUR HONOR, WE PUT

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FORTH THE ACCUSED PRODUCTS AND WHEN THEY WERE

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RELEASED AND ANNOUNCED, AND YOU'LL SEE, YOUR HONOR,

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THAT THE GALAXY -- ON SLIDE 3, THE GALAXY S WAS

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FIRST ANNOUNCED IN MARCH OF 2010, NO PRELIMINARY

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INJUNCTION.

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RELEASED IN THE U.S., THE FIRST MODEL IN

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THE U.S., THE GALAXY S VIBRANT WITH T-MOBILE

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JULY 15TH, 2010.

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NO PRELIMINARY INJUNCTION MOTION.

THE GALAXY S CAPTIVATE WITH AT&T,

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JULY 18TH, 2010; THE GALAXY S EPIC 4G WITH AT&T,

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AUGUST 31, 2010; THE GALAXY S FASCINATE,
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SEPTEMBER 9, 2010; GALAXY S MESMERIZE WITH U.S.

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CELLULAR, OCTOBER 27TH, 2010; GALAXY S CONTINUUM,

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VERIZON, NOVEMBER 11, 2010.

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WHEN DID THEY SUE?
2011.

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NOT UNTIL APRIL 15TH,

NO SEEKING OF A PRELIMINARY INJUNCTION.
THESE ARE THE -- THIS IS -- IF YOU READ

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THEIR MOTION PAPERS, YOUR HONOR, THE THING THAT

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THEY'RE ACCUSING AND SAYING THAT THEY WANT TO GET

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EXPEDITED DISCOVERY TO MOVE FOR A PRELIMINARY

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INJUNCTION ON, YOU CAN SEE THAT THIS SAME BASIS

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THAT THEY'RE MOVING ON THEIR PAPERS THEY WOULD

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ARGUE, AND HAVE ARGUED IN THEIR COMPLAINT, AS TO

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ALL OF THESE PRODUCTS.

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UNDER BLACK LETTER LAW, THERE'S NO WAY

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THEY CAN SHOW IRREPARABLE HARM BECAUSE OF THIS

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DELAY.

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AND, YOU KNOW, YOUR HONOR, IN THE MOTION

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PAPERS ON THEIR REPLY, WHAT I READ WAS APPLE

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SAYING, "YOU GUYS, THE STANDARD ISN'T IRREPARABLE

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HARM, THE STANDARD IS GOOD CAUSE."

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OKAY, FINE.

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WELL, THEIR GOOD CAUSE IS THEY WANT TO

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WHAT'S YOUR GOOD CAUSE?

FILE A PRELIMINARY INJUNCTION MOTION.
WELL, IN ORDER FOR THEM TO HAVE ANY
COLORABLE BASIS FOR A PRELIMINARY INJUNCTION
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CERTIFICATE OF REPORTER

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I, THE UNDERSIGNED OFFICIAL COURT
REPORTER OF THE UNITED STATES DISTRICT COURT FOR

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THE NORTHERN DISTRICT OF CALIFORNIA, 280 SOUTH

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FIRST STREET, SAN JOSE, CALIFORNIA, DO HEREBY

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CERTIFY:

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THAT THE FOREGOING TRANSCRIPT,

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CERTIFICATE INCLUSIVE, CONSTITUTES A TRUE, FULL AND

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CORRECT TRANSCRIPT OF MY SHORTHAND NOTES TAKEN AS

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SUCH OFFICIAL COURT REPORTER OF THE PROCEEDINGS

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HEREINBEFORE ENTITLED AND REDUCED BY COMPUTER-AIDED

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TRANSCRIPTION TO THE BEST OF MY ABILITY.

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/S/
_____________________________
LEE-ANNE SHORTRIDGE, CSR, CRR
CERTIFICATE NUMBER 9595

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