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

Filing 900

NOTICE by Apple Inc.(a California corporation) Translations of Foreign Authority (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, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63)(Selwyn, Mark) (Filed on 5/7/2012)

Exhibit 37

Document 1 of 1
JurisClasseur Contrats - Distribution > Fasc. 200 : CONTRAT "INTUITU PERSON E" >1. Notion d"'intuitu personne" > A. - Distinctions > 1 ° "Intuitu persona" et "intuitu bonorum"
Listing: 01, 2012
Date of version: September 1, 2001
1° "Intuitu personae" and "intuitu bonorum"
a) "Intuitu personae"
13. - "Intuitu personae stricto sensu": identity. Two aspects of identity – The first, which is
the more standard intuitu personae, as described in the expression, is related to the person of the
co-contractor himself. And, by citing the person, it is said co-contractor’s identity which is in
question. This topic has been seldom studied (However, See. A. Supiot, L'identité
professionnelle, Mél. J. Savetier : PUE, 1992, p. 409 ; J-F. Renucci, L'identité du cocontractant :
RTD com. 1993, p. 441. - And, by non legal professionals, C. Lévi-Strauss (dir.), L'identité :
PUF, 2e éd. 1987). To be more specific, this identity is ambiguous. If it first evokes elements
that officially individualize a person (name, first name, age, address, etc.), the only meaning
recognized in the Robert dictionary, a second one is also legitimate: the identity is also all
physical and moral features that characterize a specific being, and which make this person unique,
all features that are the hallmark of a personality (comp., G. Cornu, Vocabulaire juridique, V°
Identité : PUF, 2011). The first is the official identity, on the surface of things; the second is the
comprehensive moral one.
14. - Identity as regards its official meaning – It is quite clear that identity, according to the
first meaning, of the recipient or the borrower, is often determinant (but not always: I can cite,
for example, giving assistance to orphans or victims of a natural disaster): this is intuitu
personae of affection. Similarly, in a contract for valuable consideration, it is essential to know
the identity of the partner, to know whether he is possessing legal capacity, or whatever capacity
that may be (joint owner, de facto partner, tenant-manager, etc.). His age is not always
unimportant, as in the case of a life annuity contract.
15. - Identity with regard to its moral meaning (qualities of the person) - However, beyond
the strict official identity, this is most often the identity that we describe as moral - i.e. mainly
qualities of the person (electa industrie personae) that were taken into consideration, e.g.
competency, imagination, knowledge, skill (for example in the gaming contract), reputation
(stemming from his competency or at least, or at least leading one to believe in this, which is a
form of appearance), belonging to a profession, even his morality (comp., CA Paris, 3 nov. 1994:
RIDA 1995, n° 406 ; D. 1996, sonun. p. 115, obs. D. Maaeaud, revealing, with regard to a
contract between a trade fair organizer and an exhibitor, that “in terms of public relations,
reputation, renown, the experience and dynamism of the service provider are determinant,”
wherefrom the impossibility of assigning the contract). In other words, the focus is personality
more than on the person. This is the case for a patient who goes to see a well-known specialist, a
litigant who seeks the counsel of a famous attorney, a company that wants a specific IT system
with tried and tested IT services, an individual who assigns management of his portfolio to a
specialist (Cass. com., 9 avr. 1996: D. affaires 1996, p. 671, etc.). But also a merchant who seeks
the services of a broker known in the market, the retailer who wants to make a product or service
a franchise, the notoriety of the franchiser (as he reviews the reliability of the franchise system),

etc. These different qualities can be classified into two main categories. The person is taken into
consideration for himself or with regard to his situation (about this distinction, See D. Krcjeski,
thèse préc., n° 1, 11° 408). Taken into consideration by himself, the person could be of note due
to his physical particularities (unless there is discrimination, See supra n° 7), psychological (the
same remarks concern philosophical choices) or social (professional skill on the one hand and
inter-personal ones on the other). The situation in which the person finds himself may be of
interest from a material perspective (technical means), financial (solvency) or simply familial.
Exteriorization of consideration of the personality is a practice of testing an employee before
hiring, but also sometimes before signing a business contract, as in the case of becoming a
franchise or dealer. With regard to distribution right, intuitu personae is often manifest, from the
perspective of third parties, by belonging to a network, identified by itself through diverse signs
of rallying the clientele (regardless of the type of network: authorized or selected distributors,
dealer or franchised companies. - See in particular Ph. le Tourneau, Les contrats de concession :
Lltec Professionnels, 2e éd., 2010. - Les contrats de franchisage : Litec Professionnels, 2e éd.
2007. - ,AGI. Behan-Touchais et G. Virasscrn-, Lces contrais de la distribution : LGDJ, 1999. Adde, V. infra Fasc. 1000 à