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

Filing 940

Administrative Motion to File Under Seal Apple Inc.s Administrative Motion To File Documents Under Seal Re Apples Motion To Exclude Testimony Of Samsungs Experts filed by Apple Inc.. (Attachments: #1 Apple Inc.s Notice Of Motion And Motion To Exclude Testimony Of Samsungs Experts, #2 Declaration Of Jason Bartlett In Support Of Motion To Exclude Testimony Of Samsungs Experts, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 9, #9 Exhibit 12, #10 Exhibit 14, #11 [Proposed] Order Granting Apples Motion To Exclude Testimony Of Samsungs Experts, #12 Proposed Order Granting Apple's Admin Motion to File Under Seal)(McElhinny, Harold) (Filed on 5/18/2012)

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HAROLD J. MCELHINNY (CA SBN 66781)
[e-mail]
MICHAEL A. JACOBS (CA SBN 111664)
[e-mail]
JENNIFER LEE TAYLOR (CA SBN 161368)
[e-mail]
ALISON M. TUCHER (CA SBN 171363)
[e-mail]
RICHARD S.J. HUNG (CA SBN 197425)
[e-mail]
JASON R. BARTLETT (CA SBN 214530)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: [phone]

WILLIAM F. LEE
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Telephone: [phone]
Facsimile: [phone]
MARK D. SELWYN (SBN 244180)
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]

Attorneys for Plaintiff and
Counterclaim-Defendant APPLE INC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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APPLE INC., a California corporation,

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Plaintiff,
v.

Case No. 11-cv-01846-LHK (PSG)
DECLARATION OF JASON
BARTLETT IN SUPPORT OF
MOTION TO EXCLUDE TESTIMONY
OF SAMSUNG’S EXPERTS

SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity; SAMSUNG
ELECTRONICS AMERICA, INC., a New York
corporation; SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC, a
Delaware limited liability company,

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Defendants.
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DECLARATION OF JASON BARTLETT ISO APPLE’S MOTION TO EXCLUDE EXPERT TESTIMONY
CASE NO. 11-cv-01846-LHK (PSG)
sf-3146728

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I, Jason Bartlett, declare as follows:

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I am a partner in the law firm of Morrison & Foerster LLP, counsel for Apple Inc.

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(“Apple”) in this action. I am licensed to practice law in the State of California and admitted to

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practice before this Court. I submit this declaration in support of Apple’s Motion to Exclude

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Testimony of Samsung’s Experts. Unless otherwise indicated, I have personal knowledge of the

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matters stated herein or understand them to be true from members of my litigation team. If called

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as a witness, I would testify to the facts set forth below.

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Itay Sherman

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1.

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Attached hereto as Exhibit 1 is a true and correct copy of the Corrected Expert

Report of Itay Sherman, dated March 23, 2012.
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Attached hereto as Exhibit 2 is a true and correct copy of Exhibit A to the

Corrected Expert Report of Itay Sherman (Exhibit 1).
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Attached hereto as Exhibit 3 is a true and correct copy of an excerpt of the

transcript of the April 20, 2012, deposition of Itay Sherman.
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Attached hereto as Exhibit 4 is a true and correct copy of an excerpt of the

transcript of the September 15, 2011, deposition of Itay Sherman.
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Attached hereto as Exhibit 5 is a true and correct copy of an excerpt of the Expert

Report of Peter Bressler, dated March 22, 2012.
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Attached hereto as Exhibit 6 is a true and correct copy of an excerpt of the

Rebuttal Expert Report of Peter Bressler, dated April 16, 2012.
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Attached hereto as Exhibit 7 is a true and correct copy of an excerpt of the Expert

Report of Robert Anders, dated April 16, 2012.
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Attached hereto as Exhibit 8 is a true and correct copy of an excerpt of the

transcript of the April 26, 2012, deposition of Robert Anders.

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Samuel Lucente

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9.

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Attached hereto as Exhibit 9 is a true and correct copy of the Expert Report of

Sam Lucente, dated March 23, 2012.

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DECLARATION OF JASON BARTLETT ISO APPLE’S MOTION TO EXCLUDE EXPERT TESTIMONY
CASE NO. 11-cv-01846-LHK (PSG)
sf-3146728

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Attached hereto as Exhibit 10 is a true and correct copy of the Corrected Rebuttal

Expert Report of Sam Lucente, dated April 17, 2012.
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Attached hereto as Exhibit 11 is a true and correct copy of an excerpt of the

transcript of the May 9, 2012, deposition of Samuel Lucente.

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Mark Lehto

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Attached hereto as Exhibit 12 is a true and correct copy of the Expert Report of

Mark Lehto, dated March 22, 2012.
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Attached hereto as Exhibit 13 is a true and correct copy of an excerpt of the

transcript of the April 28, 2012 deposition of Mark Lehto.

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Nicholas Godici

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Attached hereto as Exhibit 14 is a true and correct copy of the Expert Report of

Nicholas Godici, dated March 22, 2012.
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Attached hereto as Exhibit 15 is a true and correct copy of the transcript of the

May 7, 2012, deposition of Nicholas Godici.
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Attached hereto as Exhibit 16 is a true and correct copy of an excerpt of the

transcript of the September 9, 2011, deposition of Nicholas Godici.

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George Mantis

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Attached hereto as Exhibit 17 is a true and correct copy of the Expert Report of

George Mantis, dated March 22, 2012.
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Attached hereto as Exhibit 18 is a true and correct copy of the Rebuttal Expert

Report of Stephen Van Liere, dated April 16, 2012.

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Michael Mazis

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Attached hereto as Exhibit 19 is a true and correct copy of the Expert Report of

Michael Mazis, dated March 22, 2012.

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Michael Kamins

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Attached hereto as Exhibit 20 is a true and correct copy of the Rebuttal Expert

Report of Michael Kamins, dated April 16, 2012.

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DECLARATION OF JASON BARTLETT ISO APPLE’S MOTION TO EXCLUDE EXPERT TESTIMONY
CASE NO. 11-cv-01846-LHK (PSG)
sf-3146728

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Attached hereto as Exhibit 21 is a true and correct copy of an excerpt of the

transcript of the May 7, 2012 deposition of Michael Kamins.

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Michael Wagner

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Attached hereto as Exhibit 22 is a true and correct copy of excerpts of, and certain

schedules from, the Corrected Expert Report of Michael Wagner, dated April 20, 2012.
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Attached hereto as Exhibit 23 is a true and correct copy of an excerpt of the

transcript of the May 12, 2012 deposition of Michael Wagner.
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Attached hereto as Exhibit 24 is a true and correct copy of an excerpt of the

transcript of the February 22, 2012, deposition of Timothy Benner.
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Attached hereto as Exhibit 25 is a true and correct copy of excerpts from the

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iPhone Buyer Survey, Apple Market Research & Analysis, dated FY10-Q4, with production

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numbers APLNDC-Y0000027256-340.

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Attached hereto as Exhibit 26 is a true and correct copy of excerpts of the iPad

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Buyer Survey: Initial US Results, Apple Market Research & Analysis, dated August 2010, with

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production numbers APLNDC-Y0000023361-427.

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Attached hereto as Exhibit 27 is a true and correct copy of excerpts from the J.D.

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Power and Associates: 2011 Wireless Smartphone Satisfaction Study(SM) – Management Report,

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dated March 2011, with production numbers SAMNDCA10246338-445.

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I declare under penalty of perjury that the foregoing is true and correct. Executed this
17th day of May, 2012, at San Francisco, California.
/s/ Jason R. Bartlett
Jason R. Bartlett

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DECLARATION OF JASON BARTLETT ISO APPLE’S MOTION TO EXCLUDE EXPERT TESTIMONY
CASE NO. 11-cv-01846-LHK (PSG)
sf-3146728

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