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).

QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Bar No. 170151)
2 [e-mail]
50 California Street, 22nd Floor
3 San Francisco, California 94111
4 Telephone: [phone]
Facsimile: [phone]
5
Kevin P.B. Johnson (Bar No. 177129)
6 [e-mail]
Victoria F. Maroulis (Bar No. 202603)
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[e-mail]
th
8 555 Twin Dolphin Drive, 5 Floor
Redwood Shores, California 94065-2139
9 Telephone:
[phone]
Facsimile:
[phone]
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11 Michael T. Zeller (Bar No. 196417)
12 [e-mail]
865 S. Figueroa St., 10th Floor
13 Los Angeles, California 90017
Telephone: [phone]
14 Facsimile: [phone]
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16 Attorneys for the Defendant Samsung Entities
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UNITED STATES DISTRICT COURT

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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.

24 SAMSUNG ELECTRONICS CO., LTD. et .
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CASE NO. 11-cv-01846-LHK
DECLARATION OF JEFFREY JOHNSON
IN SUPPORT OF SAMSUNG'S MOTION
TO STRIKE EXPERT TESTIMONY
BASED ON UNDISCLOSED FACTS AND
THEORIES

Defendant.

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02198.51855/4758981.1

Case No. I I -cv-01846-LHK
DECLARATION OF JEFFREY JOHNSON

DECLARATION OF JEFFREY JOHNSON

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I, Jeffrey Johnson, declare:

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I have personal knowledge of the facts set forth herein, and am competent to testify

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2.

I submit this declaration in support of Samsung's Motion to Strike Expert

6 Testimony Based On Undisclosed Facts and Theories. If asked at hearings or trial, I am prepared
7 to testify regarding the matters I discuss in this declaration.
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3.

I have personally inspected, observed, and reviewed Gallery application on the

9 devices referenced in this Declaration, the Samsung Galaxy S i9000 and the Samsung Galaxy S II
10 SGH-1777, both based on Android version 2.3.4.
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4.

I understand that the Gallery application on certain Samsung devices, including the

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Samsung Galaxy S i9000 and the Samsung Galaxy S II SGH-1777, has been accused of infringing

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certain claims of the '381 patent.

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5.

I understand one of Samsung's non-infringement positions is based on the "hold

still" behavior, as referenced in my Report Regarding Non-Infringement of the '381 Patent.

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6.

I observed the "hold still" behavior in the Gallery application on the Samsung

17 Galaxy S i9000 (Android version 2.3.4). However, despite having the same version of Android
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(version 2.3.4), the Gallery application on the Samsung Galaxy S II SGH-1777 did not exhibit the

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"hold still" behavior.

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This distinction is consistent with my understanding that the Android version

number does not provide sufficient information to reproduce the results Dr. Balakrishnan reported

22 in his report regarding the alleged infringement of the '381 patent and discussed during his
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deposition.
8.

It is my understanding that Samsung customizes Android software for its products.

It is further my understanding these customizations are not reflected by the Android version

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02198.51855/4758981.1

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Case No. 11-cv-0 I 846-LHK
DECLARATION OF JEFFREY JOHNSON

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I declare under penalty of perjury under the laws of the United States that the foregoing is

3 true and correct. Executed on May 17, 2012, in Redwood Shores, California.
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JO;

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JEFFREY JOHNSON

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02198.51855/4758981.1

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Case No. 11-cv-01846-LHK
DECLARATION OF JEFFREY JOHNSON