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 (Cal. 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 (Cal. Bar No. 177129)
[e-mail]
6 Victoria F. Maroulis (Cal. Bar No. 202603)
[e-mail]
th
7 555 Twin Dolphin Drive, 5 Floor
Redwood Shores, California 94065
Telephone: [phone]
8
Facsimile: [phone]
9
Michael T. Zeller (Cal. Bar No. 196417)
10 [e-mail]
865 S. Figueroa Street, 10th Floor
11 Los Angeles, California 90017
Telephone: [phone]
12 Facsimile: [phone]
13 Attorneys for SAMSUNG ELECTRONICS
CO., LTD., SAMSUNG ELECTRONICS
AMERICA, INC. and SAMSUNG
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TELECOMMUNICATIONS AMERICA, LLC
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16

UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

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19 APPLE INC., a California corporation,
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CASE NO. 11-cv-01846-LHK

Plaintiff,
SAMSUNG’S FOURTH SET OF
INTERROGATORIES TO APPLE INC.

vs.

22 SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity; SAMSUNG
23 ELECTRONICS AMERICA, INC., a New
York corporation; SAMSUNG
24 TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,
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Defendants.
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02198.51855/4588740.1

Case No. 11-cv-01846-LHK
SAMSUNG’S FOURTH SET OF INTERROGATORIES TO APPLE INC.

1 INTERROGATORY NO. 66:
2

IDENTIFY any cost APPLE would incur by switching from: a) an INPUT

3 TECHNOLOGY to an alternative technology; and b) WCDMA to an alternative standard,
4 including CDMA2000.
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6 INTERROGATORY NO. 67:
7

From January 1, 2007 to the present, for each model and version of each of the APPLE

8 ACCUSED PRODUCTS, including those identified in response to Interrogatory 19, IDENTIFY
9 by quarter (calendar and fiscal) the amount in gross margin or gross profit that APPLE has
10 obtained from the sale of accessories or other services that are designed to work with any APPLE
11 ACCUSED PRODUCT, including but not limited to sales from iTunes, sales from APPLE’S App
12 Store, and sales of products sold by a third-party for which APPLE receives revenue from the
13 third-party.
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15 INTERROGATORY NO. 68:
16

Separately for each APPLE DESIGN PATENT and APPLE TRADE DRESS, state fully

17 and in detail all facts that support YOUR contention as to the non-functionality of any claimed
18 feature, element or combination of features or elements.
19
20 INTERROGATORY NO. 69:
21

Separately for each APPLE TRADE DRESS and APPLE TRADEMARK, state the date on

22 which YOU contend such trade dress and trademark became famous and acquired secondary
23 meaning and state fully and in detail all facts that support YOUR contention that such trade dress
24 and trademark became famous and acquired secondary meaning as of that date.
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26 INTERROGATORY NO. 70:
27

Separately for each APPLE TRADE DRESS, state fully and in detail all facts that support

28 YOUR contention that SAMSUNG is diluting or has diluted such trade dress.
02198.51855/4588740.1

Case No. 11-cv-01846-LHK
-22SAMSUNG'S FOURTH SET OF INTERROGATORIES TO APPLE INC.

1 INTERROGATORY NO. 71:
2

Separately for each SAMSUNG product or product packaging that YOU contend infringes

3 any APPLE TRADE DRESS or APPLE TRADEMARK, state fully and in detail on a trade dress4 by-trade dress and trademark-by-trademark basis all facts that support YOUR contention that the
5 SAMSUNG product or product packaging is likely to cause confusion, cause mistake, or deceive
6 consumers as to the affiliation, connection, or association of SAMSUNG with APPLE, or as to
7 origin, sponsorship, or approval by APPLE of SAMSUNG’S goods, services or commercial
8 activities.
9
10 INTERROGATORY NO. 72:
11

Separately for each SAMSUNG product that YOU contend infringes any APPLE DESIGN

12 PATENT, state fully and in detail on a patent-by-patent basis all facts supporting YOUR
13 contention of infringement, describe fully and in detail on a patent-by-patent basis where each
14 claimed element or feature of the patent is found on the accused SAMSUNG product and provide
15 a chart identifying fully and in detail on a patent-by-patent basis specifically where each claimed
16 element or feature is found on the accused SAMSUNG product.
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18 INTERROGATORY NO. 73:
19

Separately, fully, and in detail for each of the SAMSUNG PATENTS-IN-SUIT,

20 IDENTIFY and explain any design-around and/or alleged alternative technology or method that
21 can be used as an alternative to the patented technology, including but not limited to: (a) a
22 description of the alleged design-around; (b) a description of when and how the alleged design23 around was developed; (c) the identity of individuals involved in developing the alleged design24 around, including their titles and departments if they are or were APPLE employees; and (d) dates
25 when the alleged design-around was incorporated into the APPLE ACCUSED PRODUCTS.
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02198.51855/4588740.1

Case No. 11-cv-01846-LHK
-23SAMSUNG'S FOURTH SET OF INTERROGATORIES TO APPLE INC.

1 INTERROGATORY NO. 80:
2

IDENTIFY with particularity all alleged trade dresses that YOU claim are infringed by

3 SAMSUNG, including each and every element alleged to be a component thereof.
4
5
6 DATED: February 7, 2012
7

QUINN EMANUEL URQUHART &
SULLIVAN, LLP

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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

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02198.51855/4588740.1

Case No. 11-cv-01846-LHK
-25SAMSUNG'S FOURTH SET OF INTERROGATORIES TO APPLE INC.

1
2

CERTIFICATE OF SERVICE
I hereby certify that on February 7, 2012, I caused SAMSUNG’S FOURTH SET OF

3 INTERROGATORIES TO APPLE INC. to be electronically served on the following via email:
4 ATTORNEYS FOR APPLE INC.
5 HAROLD J. MCELHINNY
[e-mail]
6 MICHAEL A. JACOBS
[e-mail]
7 JENNIFER LEE TAYLOR
[e-mail]
8 ALISON M. TUCHER
[e-mail]
9 RICHARD S.J. HUNG
[e-mail]
10 JASON R. BARTLETT
[e-mail]
11 MORRISON & FOERSTER LLP
425 Market Street
12 San Francisco, California 94105-2482
Telephone: [phone]
13 Facsimile: [phone]
14 WILLIAM F. LEE
[e-mail]
15 WILMER CUTLER PICKERING HALE
AND DORR LLP
16 60 State Street
Boston, Massachusetts 02109
17 Telephone: [phone]
Facsimile: [phone]
18
MARK D. SELWYN
19 [e-mail]
WILMER CUTLER PICKERING HALE
20 AND DORR LLP
950 Page Mill Road
21 Palo Alto, California 94304
Telephone: [phone]
22 Facsimile: [phone]
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24

I declare under penalty of perjury that the foregoing is true and correct.

Executed in Los

25 Angeles, California on February 7, 2012.
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/s/ __Kara M. Borden______

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02198.51855/4588740.1

Case No. 11-cv-01846-LHK
-26SAMSUNG'S FOURTH SET OF INTERROGATORIES TO APPLE INC.