Apple Inc. v. Samsung Electronics Co. Ltd. et al
Filing
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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)
hmcelhinny@mofo.com
MICHAEL A. JACOBS (CA SBN 111664)
mjacobs@mofo.com
JENNIFER LEE TAYLOR (CA SBN 161368)
jtaylor@mofo.com
ALISON M. TUCHER (CA SBN 171363)
atucher@mofo.com
RICHARD S.J. HUNG (CA SBN 197425)
rhung@mofo.com
JASON R. BARTLETT (CA SBN 214530)
jasonbartlett@mofo.com
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: (415) 268-7000
Facsimile: (415) 268-7522
WILLIAM F. LEE
william.lee@wilmerhale.com
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Telephone: (617) 526-6000
Facsimile: (617) 526-5000
MARK D. SELWYN (SBN 244180)
mark.selwyn@wilmerhale.com
WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, California 94304
Telephone: (650) 858-6000
Facsimile: (650) 858-6100
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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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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26.
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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27.
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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