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

Filing 935

Declaration in Support of #934 Administrative Motion to File Under Seal filed bySamsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X)(Related document(s) #934 ) (Maroulis, Victoria) (Filed on 5/17/2012)

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
Michael T. Zeller (Bar No. 196417)
10 [e-mail]
865 S. Figueroa St., 10th Floor
11 Los Angeles, California 90017
Telephone: [phone]
12 Facsimile: [phone]
13
Attorneys for SAMSUNG ELECTRONICS CO.,
14 LTD., SAMSUNG ELECTRONICS AMERICA,
INC. and SAMSUNG
15 TELECOMMUNICATIONS AMERICA, LLC
16
UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION
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APPLE INC., a California corporation,

CASE NO. 11-cv-01846-LHK (PSG)

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

DECLARATION OF JAMES WARD 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

Defendants.

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

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DECLARATION OF JAMES WARD

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I, James Ward, declare as follows:

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1.

I am an attorney with the law firm of Quinn Emanuel Urquhart & Sullivan, LLP,

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

2.

On August 26, 2011, Apple served its Infringement Contentions, a true and

11 correct copy of the relevant portions of which is attached hereto as Ex. A. Apple has never
12 amended its Infringement Contentions.
13

3.

On August 3, 2011, Samsung served its First Set of Requests for Production to

14 Apple and its First Set of Interrogatories to Apple, a true and correct copy of the relevant
15 portions of which is attached hereto as Exs. B and C, respectively.
16

4.

On March 22, 2012, Apple served the Expert Report of Dr. Michael Maharbiz, a

17 true and correct copy of the relevant portions of which is attached hereto as Ex. D.
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5.

On March 9, 2012, Apple served its Corrected Amended Objections and

19 Responses to Samsung's Interrogatory Nos. 4, 6, 7, 16, 17, and 18, a true and correct copy of the
20 relevant portions of which is attached hereto as Ex. E.
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6.

On March 22, 2012, Apple served the Expert Report of Mr. Peter Bressler, a true

22 and correct copy of the relevant portions of which is attached hereto as Ex. F.
23

7.

On February 7, 2012, Samsung served its Fourth Set of Interrogatories to Apple,

24 a true and correct copy of the relevant portions of which is attached hereto as Ex. G. On March
25 10, 2012, Apple served its Objections and Responses to Samsung's Fourth Set of Interrogatories,
26 a true and correct copy of the relevant portions of which is attached hereto as Ex. H.
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8.

On March 22, 2012, Apple served the Expert Report of Dr. Susan Kare, a true

28 and correct copy of the relevant portions of which is attached hereto as Ex. I.
Case No. 11-cv-01846-LHK (PSG)
-1WARD DECLARATION IN SUPPORT OF SAMSUNG’S MOTION TO STRIKE

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9.

On March 22, 2012, Apple served the Expert Report of Mr. Sanjay Sood, a true

2 and correct copy of the relevant portions of which is attached hereto as Ex. J.
3

10.

On April 20, 2012, in Los Angeles, CA, Samsung took the deposition of Mr.

4 Sanjay Sood, a true and correct copy of the relevant portions of the transcripts of which is
5 attached hereto as Ex. K.
6

11.

On March 22, 2012, Apple served the Expert Report of Dr. Tony D. Givargis, a

7 true and correct copy of the relevant portions of which is attached hereto as Ex. L.
8

12.

On April 23, 2012, in Los Angeles, CA, Samsung took the deposition of Dr.

9 Tony D. Givargis, a true and correct copy of the relevant portions of the transcripts of which is
10 attached hereto as Ex. M.
11

13.

On October 7, 2011, Apple served its Invalidity Contentions, a true and correct

12 copy of the relevant portions of which is attached hereto as Ex. N. Apple has never amended its
13 Invalidity Contentions.
14

14.

On December 6, 2011, in Los Angeles, CA, Samsung took the deposition of Dr.

15 Tony D. Givargis, a true and correct copy of the relevant portions of the transcripts of which is
16 attached hereto as Ex. O.
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15.

On March 22, 2012, Apple served the Expert Report of Dr. Ravin Balakrishnan, a

18 true and correct copy of the relevant portions of which is attached hereto as Ex. P.
19

16.

On May 6, 2012, Ketan Patel, attorney with Quinn Emanuel Urquhart & Sullivan,

20 LLP, sent a letter via e-mail to Mia Mazza, attorney with Morrison & Foerster, LLP, a true and
21 correct copy of the relevant portions of which is attached hereto as Ex. Q.
22

17.

On April 20, 2012, in Washington, D.C., Samsung took the deposition of Dr.

23 Ravin Balakrishnan, a true and correct copy of the relevant portions of the transcripts of which is
24 attached hereto as Ex. R.
25

18.

On May 10, 2012, Ketan Patel, attorney with Quinn Emanuel Urquhart &

26 Sullivan, LLP, received a letter via e-mail from Mia Mazza, attorney with Morrison & Foerster,
27 LLP, a true and correct copy of the relevant portions of which is attached hereto as Ex. S.
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Case No. 11-cv-01846-LHK (PSG)
-2PRICE DECLARATION IN SUPPORT OF SAMSUNG’S MOTION TO STRIKE

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19.

On March 22, 2012, Apple served the Expert Report of Mr. Terry Musika, a true

2 and correct copy of the relevant portions of which is attached hereto as Ex. T.
3

20.

On April 16, 2012, Apple served the Rebuttal Expert Report of Mr. Terry

4 Musika, a true and correct copy of the relevant portions of which is attached hereto as Ex. U.
5

21.

On February 23, 2012, in San Francisco, CA, Samsung took the deposition of

6 Mark Buckey, a true and correct copy of the relevant portions of the transcripts of which is
7 attached hereto as Ex. V.
8

22.

On March 22, 2012, Apple served the Expert Report of Dr. Russell Winer, a true

9 and correct copy of the relevant portions of which is attached hereto as Ex. W.
10

23.

On April 16, 2012, Apple served the Non-Infringement Rebuttal Report of Tony

11 D. Givargis, a true and correct copy of the relevant portions of which is attached hereto as Ex. X.
12

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

13 foregoing is true and correct.
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Executed on May 17, 2012, in New York, New York.

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/s/ James J. Ward
James J. Ward

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Case No. 11-cv-01846-LHK (PSG)
-3PRICE DECLARATION IN SUPPORT OF SAMSUNG’S MOTION TO STRIKE