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

Filing 934

Administrative Motion to File Under Seal 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 Proposed Order Granting Motion to Seal, #2 Declaration in Support of Motion to Seal, #3 Exhibit 1 to Ward Declaration ISO Motion to Seal, #4 Proposed Order Granting Motion to Strike, #5 Declaration of Diane Hutnyan ISO Motion to Strike, #6 Declaration of Jeffrey Johnson ISO Motion to Strike)(Maroulis, Victoria) (Filed on 5/17/2012) Modified on 5/21/2012 attachment #2 sealed pursuant to General Order No. 62 (dhm, COURT STAFF).

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Bar No. 170151)
2 [e-mail]
50 California Street, 22nd Floor
3 San Francisco, California 94111
Telephone: [phone]
4 Facsimile: [phone]
5 Kevin P.B. Johnson (Bar No. 177129)
[e-mail]
6 Victoria F. Maroulis (Bar No. 202603)
[e-mail]
th
7 555 Twin Dolphin Drive, 5 Floor
Redwood Shores, California 94065-2139
8 Telephone: [phone]
Facsimile: [phone]
9
10 Michael T. Zeller (Bar No. 196417)
[e-mail]
11 865 S. Figueroa St., 10th Floor
Los Angeles, California 90017
12 Telephone: [phone]
Facsimile: [phone]
13
14 Attorneys for SAMSUNG ELECTRONICS CO.,
LTD., SAMSUNG ELECTRONICS AMERICA,
15 INC. and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC
16
17

UNITED STATES DISTRICT COURT

18

NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

19
20 APPLE INC., a California corporation,
Plaintiff,

21
22

vs.

23 SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity; SAMSUNG
24 ELECTRONICS AMERICA, INC., a New
York corporation; SAMSUNG
25 TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,
26
Defendants.
27

CASE NO. 11-cv-01846-LHK (PSG)
DECLARATION OF DIANE C.
HUTNYAN IN SUPPORT OF
SAMSUNG’S MOTION TO STRIKE
EXPERT TESTIMONY BASED ON
UNDISCLOSED FACTS AND THEORIES
Date: June 26, 2012
Time: 10:00 a.m.
Place: Courtroom 5, 4th Floor
Judge: Hon. Paul S. Grewal

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Case No. 11-cv-01846-LHK (PSG)
HUTNYAN DECLARATION IN SUPPORT OF SAMSUNG’S MOTION TO STRIKE

1

DECLARATION OF DIANE C. HUTNYAN

2

I, Diane C. Hutnyan, declare as follows:

3

1.

I am a member of the bar of the State of California and a partner of Quinn

4 Emanuel Urquhart & Sullivan LLP, attorneys for Samsung Electronics Co., Ltd., Samsung
5 Electronics America, inc., and Samsung Telecommunications America, LLC (collectively
6 “Samsung”). I submit this declaration in support of Samsung’s Motion to Strike Expert
7 Testimony Based on Undisclosed Facts and Theories. I have personal knowledge of the facts set
8 forth in this declaration, except as otherwise noted, and, if called upon as a witness, I could and
9 would testify to such facts under oath.
10

2.

I, along with other attorneys representing Samsung, attended a March 14, 2012

11 meet and confer session with Apple's counsel, set to address various pending discovery disputes.
12 One of the disputes that the parties discussed at the meeting was Apple's failure to produce the
13 documents underlying two charts produced by Apple that purported to summarize Apple's
14 capacity to manufacture iPhones and iPads. Samsung had questioned Mark Buckley, an Apple
15 Rule 30(b)(6) witness, on the issue of Apple's manufacturing capacity and on the two charts,
16 listed as Exhibits 15 and 16 from Mr. Buckley's February 23, 2012 deposition.
17

3.

At the March 14, 2012 meeting, Samsung's counsel again requested that Apple

18 produce the documents underlying Exhibits 15 and 16 from Mr. Buckley’s deposition, but
19 Apple's counsel refused to do so.
20
21

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

22 foregoing is true and correct.
23

Executed on May 17, 2012, at Los Angeles, California.

24
25

/s/ Diane C. Hutnyan
Diane C. Hutnyan

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27
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Case No. 11-cv-01846-LHK (PSG)
-1HUTNYAN DECLARATION IN SUPPORT OF SAMSUNG’S MOTION TO STRIKE