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)

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EXHIBIT C 1 QUINN EMANUEL URQUHART & SULLIVAN, LLP Charles K. Verhoeven (Cal. Bar No. 170151) 2 charlesverhoeven@quinnemanuel.com 50 California Street, 22nd Floor 3 San Francisco, California 94111 Telephone: (415) 875-6600 4 Facsimile: (415) 875-6700 5 Kevin P.B. Johnson (Cal. Bar No. 177129) kevinjohnson@quinnemanuel.com 6 Victoria F. Maroulis (Cal. Bar No. 202603) victoriamaroulis@quinnemanuel.com 7 555 Twin Dolphin Drive 5th Floor Redwood Shores, California 94065 8 Telephone: (650) 801-5000 Facsimile: (650) 801-5100 9 Michael T. Zeller (Cal. Bar No. 196417) 10 michaelzeller@quinnemanuel.com 865 S. Figueroa St., 10th Floor 11 Los Angeles, California 90017 Telephone: (213) 443-3000 12 Facsimile: (213) 443-3100 13 Attorneys for SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS 14 AMERICA, INC. and SAMSUNG TELECOMMUNICATIONS AMERICA, LLC 15 16 UNITED STATES DISTRICT COURT 17 NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION 18 APPLE INC., a California corporation, 19 20 CASE NO. 11-cv-01846-LHK Plaintiff, vs. 21 SAMSUNG ELECTRONICS CO., LTD., a Korean business entity; SAMSUNG 22 ELECTRONICS AMERICA, INC., a New York corporation; SAMSUNG 23 TELECOMMUNICATIONS AMERICA, LLC, a Delaware limited liability company, 24 Defendants. 25 SAMSUNG ELECTRONICS CO. LTD.’S FIRST SET OF INTERROGATORIES TO APPLE INC. 26 27 28 Case No. 11-cv-01846-LHK SAMSUNG ELECTRONICS CO. LTD.’S FIRST SET OF INTERROGATORIES TO APPLE INC. 1 PATENTED PRODUCT was first sold in the United States, and whether each PATENTED 2 PRODUCT was marked pursuant to 35 U.S.C § 287 or otherwise, how each product was marked 3 including the location and manner of the marking, the individuals or entities that marked each 4 product, and any interruptions to or other changes in the practice of marking the PATENTED 5 PRODUCT since it was first marked. 6 7 INTERROGATORY NO. 5: 8 Separately for each of the APPLE PATENTS-IN-SUIT, APPLE TRADE DRESS and 9 APPLE TRADEMARKS, IDENTIFY every product manufactured, used, sold, offered for sale, or 10 imported into the United States since 2005 that YOU believe uses or may use any protected 11 design, trademark, trade dress, or invention of the APPLE PATENTS-IN-SUIT, APPLE TRADE 12 DRESS, and APPLE TRADEMARKS and the date(s) on which you believe that use occurred. 13 The products shall be identified by product name, product manufacturer, telecommunications 14 carrier (if applicable), date of product announcement, date of product release, and appearance of 15 product – including front, back, and side images. 16 17 INTERROGATORY NO. 6: 18 Separately for each of the APPLE PATENTS-IN-SUIT, APPLE TRADE DRESS, and 19 APPLE TRADEMARKS, IDENTIFY any and all persons to whom YOU have ever licensed or 20 offered to license, or persons who have requested to license, or to whom YOU have granted or 21 offered to grant any other rights under the patent, trade dress, or trademark, including the status of 22 those requests and offers, whether continuing, successful, or terminated, and identify (by Bates 23 number) all DOCUMENTS RELATED to any such license, offer, request, or other grant of rights. 24 25 INTERROGATORY NO. 7: 26 Separately for each of the APPLE PATENTS-IN-SUIT, APPLE TRADE DRESS and 27 APPLE TRADEMARKS state all facts supporting any contention by APPLE that Samsung has 28 willfully infringed, diluted, or falsely designated the origin of its products for each patent, trade Case No. 11-cv-01846-LHK -13SAMSUNG ELECTRONICS CO. LTD.’S FIRST SET OF INTERROGATORIES TO APPLE INC. 1 Describe in detail the factual basis for every claim, affirmative defense and every 2 counterclaim APPLE has asserted or will assert in this lawsuit. 3 4 INTERROGATORY NO. 15: 5 IDENTIFY each person working for or on behalf of Apple who has ever analyzed use of 6 any APPLE PATENTS-IN-SUIT, APPLE TRADE DRESS or APPLE TRADEMARKS by 7 someone other than YOU, and the subject matter of their analysis. 8 9 INTERROGATORY NO. 16: 10 IDENTIFY all facts RELATING TO studies, including formal or informal analysis, 11 investigation, surveys, focus groups, consumer research, or other information or reports that relate 12 to, support, or refute YOUR claims in this action, including, for each such study, when it was 13 commissioned, conducted, and completed, by whom it was conducted, and its conclusions. 14 15 INTERROGATORY NO. 17: 16 Describe all instances known to YOU of confusion, including mistake, or deception 17 RELATING TO any of the APPLE TRADE DRESS or APPLE TRADEMARKS. For each 18 instance described, your response should include when and how you became aware of the 19 instance, when the instance occurred, all persons with knowledge of such instance, the source of 20 their knowledge, the circumstances reflecting the confusion, the IDENTITY of the SAMSUNG 21 ACCUSED PRODUCT allegedly giving rise to the confusion, the IDENTITY of all confused 22 persons, and the IDENTITY of all DOCUMENTS and things supporting or refuting your response 23 to this Interrogatory. 24 25 INTERROGATORY NO. 18: 26 IDENTIFY all facts supporting your contentions regarding the fame, distinctiveness, 27 secondary meaning, and/or strength of the APPLE TRADE DRESS and APPLE TRADEMARKS. 28 Case No. 11-cv-01846-LHK -16SAMSUNG ELECTRONICS CO. LTD.’S FIRST SET OF INTERROGATORIES TO APPLE INC. 1 DATED: August 3, 2011 2 QUINN EMANUEL URQUHART & SULLIVAN, LLP 3 4 5 6 7 8 By /s/ Victoria F. Maroulis Charles K. Verhoeven Kevin P.B. Johnson Victoria F. Maroulis Michael T. Zeller Attorneys for SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC., and SAMSUNG TELECOMMUNICATIONS AMERICA, LLC 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 11-cv-01846-LHK -17SAMSUNG ELECTRONICS CO. LTD.’S FIRST SET OF INTERROGATORIES TO APPLE INC. 1 CERTIFICATE OF SERVICE 2 I hereby certify that on August 3, 2011, I caused SAMSUNG ELECTRONICS CO. 3 LTD.’S FIRST SET OF INTERROGATORIES TO APPLE INC. to be electronically served 4 on the following via email: 5 ATTORNEYS FOR APPLE INC. 6 HAROLD J. MCELHINNY hmcelhinny@mofo.com 7 MICHAEL A. JACOBS mjacobs@mofo.com 8 JENNIFER LEE TAYLOR jtaylor@mofo.com 9 ALISON M. TUCHER atucher@mofo.com 10 RICHARD S.J. HUNG rhung@mofo.com 11 JASON R. BARTLETT jasonbartlett@mofo.com 12 MORRISON & FOERSTER LLP 425 Market Street 13 San Francisco, California 94105-2482 Telephone: (415) 268-7000 14 Facsimile: (415) 268-7522 15 WILLIAM F. LEE 16 william.lee@wilmerhale.com WILMER CUTLER PICKERING HALE AND DORR LLP 17 60 State Street Boston, Massachusetts 02109 18 Telephone: (617) 526-6000 Facsimile: (617) 526-5000 19 MARK D. SELWYN 20 mark.selwyn@wilmerhale.com WILMER CUTLER PICKERING HALE AND DORR LLP 21 950 Page Mill Road Palo Alto, California 94304 22 Telephone: (650) 858-6000 Facsimile: (650) 858-6100 23 I declare under penalty of perjury that the foregoing is true and correct. Executed in Redwood 24 Shores, California on August 3, 2011. 25 26 /s/ Mark Tung 27 28 Case No. 11-cv-01846-LHK -18SAMSUNG ELECTRONICS CO. LTD.’S FIRST SET OF INTERROGATORIES TO APPLE INC.

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