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

Filing 925

Administrative Motion to File Under Seal Apple's Motion for Summary Judgment of Non-Infringement of U.S. Patent Number 7,362,867 and Invalidity of U.S. Patent Numbers 7,456,893 and 7,577,460 filed by Apple Inc.(a California corporation). (Attachments: #1 Declaration of Erica Tierney in Support of Apple's Administrative Motion to File Documents Under Seal, #2 Declaration of Mark D. Selwyn in Support of Apple's Administrative Motion to File Documents Under Seal, #3 Proposed Order Granting Apple Inc.'s Administrative Motion to File Documents Under Seal, #4 Plaintiff and Counterclaim-Defendant Apple Inc.'s Notice of Motion and Motion for Summary Judgment of Non-Infringement of U.S. Patent Number 7,362,867 and Invalidity of U.S. Patent Numbers 7,456,893 and 7,577,460, #5 Declaration of Mark D. Selwyn in Support of Apple's Motion for Summary Judgment of Non-Infringement of U.S. Patent Number 7,362,867 and Invalidity of U.S. Patent Numbers 7,456,893 and 7,577,460, #6 Exhibit 1, #7 Exhibit 2, #8 Exhibit 3, #9 Exhibit 4, #10 Exhibit 5, #11 Exhibit 6, #12 Exhibit 7, #13 Exhibit 8, #14 Exhibit 9, #15 Exhibit 10, #16 Exhibit 11, #17 Exhibit 12, #18 Exhibit 13, #19 Exhibit 14, #20 Exhibit 15, #21 Exhibit 16, #22 Exhibit 17, #23 Exhibit 18, #24 Exhibit 19, #25 Exhibit 20, #26 Exhibit 21, #27 Exhibit 22, #28 Exhibit 23, #29 Exhibit 24, #30 Exhibit 25, #31 Exhibit 26, #32 [Proposed] Order Granting Apple Inc.'s Motion for Partial Summary Judgment)(Selwyn, Mark) (Filed on 5/17/2012) Modified on 5/21/2012 attachment #1 and 2 sealed pursuant to General Order No. 62 (dhm, COURT STAFF).

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HAROLD J. MCELHINNY (CA SBN 66781)
[e-mail]
MICHAEL A. JACOBS (CA SBN 111664)
[e-mail]
RICHARD S.J. HUNG (CA SBN 197425)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: [phone]

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WILLIAM F. LEE (pro hac vice)
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, Massachusetts 02109
Telephone: [phone]
Facsimile: [phone]
MARK D. SELWYN (SBN 244180)
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff and
Counterclaim-Defendant Apple Inc.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
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, and SAMSUNG
TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,

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DECLARATION OF MARK D. SELWYN
IN SUPPORT OF APPLE’S MOTION
FOR SUMMARY JUDGMENT OF NONINFRINGEMENT OF U.S. PATENT
NUMBER 7,362,867 AND INVALIDITY
OF U.S. PATENT NUMBERS 7,456,893
AND 7,577,460

Defendants.
SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity, SAMSUNG
ELECTRONICS AMERICA, INC., a New
York corporation, and SAMSUNG
TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,

Date: June 21, 2012
Time: 1:30 p.m.
Place: Courtroom 4, 5th Floor
Judge: Hon. Lucy H. Koh

Counterclaim-Plaintiffs,

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Civil Action No. 11-CV-01846-LHK

v.
APPLE INC., a California corporation,
Counterclaim-Defendant.
DECLARATION OF MARK D. SELWYN IN SUPPORT OF
APPLE’S MOTION FOR SUMMARY JUDGMENT
Case No. 11-cv-01846 (LHK)

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I, Mark D. Selwyn, declare as follows:

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1.

I am a partner with the law firm of Wilmer Cutler Pickering Hale and Dorr LLP

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and counsel for plaintiff and counterclaim-defendant Apple Inc. I submit this declaration in

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support of Apple’s Motion for Summary Judgment of Non-Infringement of U.S. Patent No.

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7,362,867 and Invalidity of U.S. Patent Nos. 7,456,893 and 7,577,460. I am familiar with and

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knowledgeable about the facts stated in this declaration and if called upon could and would

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testify competently as to the statements made herein.
2.

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7,362,867.
3.

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Attached hereto as Exhibit 2 is a true and correct copy of U.S. Patent No.

7,456,893.
4.

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Attached hereto as Exhibit 1 is a true and correct copy of U.S. Patent No.

Attached hereto as Exhibit 3 is a true and correct copy of U.S. Patent No.

7,577,460.
5.

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Attached hereto as Exhibit 4 is a true and correct copy of the Expert Report of

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Richard D. Wesel, Ph.D. Regarding Infringement of U.S. Patent No. 7,362,867, served March

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22, 2012.

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6.

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deposition of Richard Wesel, taken April 23, 2012.
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Attached hereto as Exhibit 6 is a true and correct copy of 3GPP TS 25.213

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Attached hereto as Exhibit 5 is a true and correct copy of excerpts from the

Attached hereto as Exhibit 7 is a true and correct copy of the Expert Report of

v6.0.0.

Wayne Stark Regarding Non-Infringement of U.S. Patent No. 7,362,867, served April 16, 2012.
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Attached hereto as Exhibit 8 is a true and correct copy of the Declaration of

Wayne Stark, dated May 16, 2012.
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Attached hereto as Exhibit 9 is a true and correct copy of excerpts of the Expert

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Report of Woodward Yang Regarding the Infringement of U.S. Patent Nos. 7,577,460,

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7,456,893, 7,698,711 and 7,079,871, served March 22, 2012.

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DECLARATION OF MARK D. SELWYN IN SUPPORT OF
APPLE’S MOTION FOR SUMMARY JUDGMENT
Case No. 11-cv-01846 (LHK)

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11.

Attached hereto as Exhibit 10 is a true and correct copy of excerpts of the Expert

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Report of J. Paul Dourish, Ph.D Regarding Invalidity of the Asserted Claims of U.S. Patent No.

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7,456,893, served March 22, 2012.

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Attached hereto as Exhibit 11 is a true and correct copy of the Declaration of J.

Paul Dourish, dated May 16, 2012.
13.

Attached hereto as Exhibit 12 is a true and correct copy of excerpts from the

deposition of Woodward Yang, taken May 9, 2012.
14.

Attached hereto as Exhibit 13 is a true and correct copy of excerpts from the

deposition of Jeong-Seok Oh, taken November 11, 2011.
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Attached hereto as Exhibit 14 is a true and correct copy of excerpts from the

deposition of Sang-Ryul Park, taken November 18, 2011.
16.

Attached hereto as Exhibit 15 is a true and correct copy of Samsung’s Disclosure

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of Asserted Claims and Infringement Contentions [Patent L.R. 3-1, 3-2], Exhibit J, served

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September 7, 2011.

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17.

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Attached hereto as Exhibit 16 is a true and correct copy of excerpts from the

deposition of Woodward Yang, taken May 8, 2012.
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Attached hereto as Exhibit 17 is a true and correct copy of excerpts of the Report

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of R. Sukumar, entitled “Results from A Survey Measuring Use and Valuation of Four Patented

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Features (Patented Features: 460, 893, 711, 871) and A Survey of World Clock Patented Feature

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Usage (Patented Feature 055),” served March 22, 2012.

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19.

Attached hereto as Exhibit 18 is a true and correct copy of an April 28, 2006

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Response to a January 28, 2006 Office Action from the file history of the ‘867 patent, produced

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in this action as APLNDC-WH-A 0000017904-17919.

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20.

Attached hereto as Exhibit 19 is a true and correct copy of a December 11, 2006

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Response to an August 9, 2006 Office Action from the file history of the ‘867 patent, produced

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in this action as APLNDC-WH-A 0000017952-17968.

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DECLARATION OF MARK D. SELWYN IN SUPPORT OF
APPLE’S MOTION FOR SUMMARY JUDGMENT

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Case No. 11-cv-01846 (LHK)

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21.

Attached hereto as Exhibit 20 is a true and correct copy of the September 13,

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2007 Appeal Brief from the file history of the ‘867 patent, produced in this action as APLNDC-

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WH-A 0000018016-18050.

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Attached hereto as Exhibit 21 is a true and correct copy of Samsung’s Disclosure

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of Asserted Claims and Infringement Contentions [Patent L.R. 3-1, 3-2], Exhibit F, served

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September 7, 2011.

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Attached hereto as Exhibit 22 is a true and correct copy of excerpts of the Expert

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Report of Mani Srivastava, Ph.D Regarding Invalidity of the Asserted Claim of U.S. Patent No.

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7,577,460, served March 22, 2012.

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Attached hereto as Exhibit 23 is a true and correct copy of the Declaration of

Mani Srivastava, dated May 16, 2012.
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Attached hereto as Exhibit 24 is a true and correct copy of the April 6, 2009

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Notice of Allowability from the file history of the ‘460 patent, produced in this action as

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APLNDC-WH-A 0000014652-14655.

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26.

Attached hereto as Exhibit 25 is a true and correct copy of the November 14,

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2002 Amendment in Response to Office Action from the file history of U.S. Patent No.

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7,139,014 (the parent of the ‘460 patent), produced in this action as APLNDC-WH-A

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0000014245-14254.

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Attached hereto as Exhibit 26 is a true and correct copy of excerpts of the

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Rebuttal Expert Report of Mani Srivastava, Ph.D Regarding Non-Infringement of the Asserted

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Claim of U.S. Patent No. 7,577,460, served April 16, 2012.

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I hereby declare under penalty of perjury under the laws of the United States that the
foregoing is true and correct to the best of my knowledge and belief.

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Dated: May 17, 2012

/s/ Mark D. Selwyn
Mark D. Selwyn

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DECLARATION OF MARK D. SELWYN IN SUPPORT OF
APPLE’S MOTION FOR SUMMARY JUDGMENT

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Case No. 11-cv-01846 (LHK)

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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing document has
been served on May 17, 2012 to all counsel of record who are deemed to have consented to
electronic service via the Court’s CM/ECF system per Civil Local Rule 5.4. Any other counsel
of record will be served by electronic mail, facsimile and/or overnight delivery.

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/s/ Mark. D Selwyn
Mark D. Selwyn

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DECLARATION OF MARK D. SELWYN IN SUPPORT OF
APPLE’S MOTION FOR SUMMARY JUDGMENT

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Case No. 11-cv-01846 (LHK)