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

Filing 978

Administrative Motion to File Under Seal filed by Samsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Attachments: #1 Samsung's Motion For Leave To Seek Reconsideration of the Court's May 21, 2012 Order, #2 Declaration of Thomas Watson, #3 Exhibit 4, #4 Exhibit 17, #5 Exhibit 18, #6 Exhibit 19, #7 Proposed Order Granting Samsung's Motion for Leave, #8 Proposed Order Granting Samsung's Administrative Motion to File Documents Under Seal)(Maroulis, Victoria) (Filed on 5/26/2012)

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Bar No. 170151)
 [e-mail]
50 California Street, 22nd Floor
 San Francisco, California 94111
Telephone: [phone]
 Facsimile: [phone]


Kevin P.B. Johnson (Bar No. 177129)
[e-mail]
 Victoria F. Maroulis (Bar No. 202603)
[e-mail]
555 Twin Dolphin Drive, 5th Floor

Redwood Shores, California 94065-2139
[phone]
 Telephone:
Facsimile:
[phone]



Michael T. Zeller (Bar No. 196417)
[e-mail]
865 S. Figueroa St., 10th Floor

Los Angeles, California 90017
 Telephone: [phone]
Facsimile: [phone]

 Attorneys for SAMSUNG ELECTRONICS CO.,
LTD., SAMSUNG ELECTRONICS AMERICA,
 INC. and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC



UNITED STATES DISTRICT COURT



NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION


 APPLE INC., a California corporation,

CASE NO. 11-cv-01846-LHK



DECLARATION OF THOMAS WATSON
IN SUPPORT OF SAMSUNG’S MOTION
FOR LEAVE TO FILE MOTION FOR
RECONSIDERATION OF THE COURT’S
MAY 21, 2012 ORDERS



Plaintiff,
vs.

 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,

Defendant.


02198.51855/4776926.1

Case No. 11-cv-01846-LHK
DECLARATION OF THOMAS WATSON

1

I, Thomas Watson, declare:



1.

I am an associate in the law firm of Quinn Emanuel Urquhart & Sullivan, LLP,

 counsel for Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung
 Telecommunications America, LLC (collectively “Samsung”). I have personal knowledge of the
 facts set forth in this declaration and, if called upon as a witness, I could and would testify to such
 facts under oath.


2.

Attached hereto as Exhibit 1 is a true and accurate copy of Exhibit 30 to the Expert

 Report of Terry Musika.


3.

Attached hereto as Exhibit 2 is a true and accurate copy of Schedule 11.2 to the

 Expert Report of Michael J. Wagner.


4.

Attached hereto as Exhibit 3 is a true and accurate excerpt from the November 4,

 2011 deposition of Christopher Stringer.


5.

Attached hereto as Exhibit 4 is a true and accurate copy of exhibit 841a to the

 November 4, 2011 deposition of Christopher Stringer.


6.

Attached hereto as Exhibit 5 is a true and accurate excerpt from the October 25,

 2011 of Quin Hoellwarth.


7.

Attached hereto as Exhibit 6 is a true and accurate copy of a photograph depicting

 the “035 mockup” and the iPad2, from a side view, as produced by Apple at APLNDC X00005874.


8.

Attached hereto as Exhibit 7 is a true and accurate copy of a photograph depicting

 the “035 mockup” and the iPad2, from a back view, as produced by Apple at APLNDC X00005857.


9.

Attached hereto as Exhibit 8 is a true and accurate copy of a photograph depicting

 the “035 mockup” and the iPad2, from a front view, as produced by Apple at APLNDC X00005858.


10.

Attached hereto as Exhibit 9 is a true and accurate copy of a photograph depicting

 the “035 mockup,” showing a corner close-up, as produced by Apple at APLNDC-X00005885.



02198.51855/4776926.1

-1-

Case No. 11-cv-01846-LHK
DECLARATION OF THOMAS WATSON

1

11.

Attached hereto as Exhibit 10 is a true and accurate excerpt from the October 21,

2 2011 deposition of Daniele De Iuliis.
3

12.

Attached hereto as Exhibit 11 is a true and accurate excerpt from the October 31,

4 2011 deposition of Richard Howarth
5

13.

Attached hereto as Exhibit 12 is a true and accurate excerpts from a file history for

6 a design patent application, bearing Bates numbers APLNDC-Y0000309166-68, 309185-91, and
7 309316-342.
8

14.

Attached hereto as Exhibit 13 is a true and accurate excerpts from a file history for

9 a design patent application, bearing Bates numbers APLNDC-Y0000310117-33, and 310154-249.
10

15.

Attached hereto as Exhibit 14 is a true and accurate excerpts from a file history for

11 a design patent application, bearing Bates numbers APLNDC-Y0000311030-45, and 311822-91.
12

16.

Attached hereto as Exhibit 15 is a true and accurate excerpt from the April 27,

13 2012 deposition of Russell Winer.
14

17.

Attached hereto as Exhibit 16 is a true and accurate copy of the Expert Report of

15 Kent D. Van Liere, Ph.D. This report was served on Samsung by Apple on March 22, 2012.
16

18.

Attached hereto as Exhibit 17 is a true and accurate excerpt for the D618677

17 design patent, bearing Bates numbers APLPROS0000011930-11937. This excerpt consists of a
18 letter entitled Reply to Office Action of October 2, 2009, and is signed by Tracy-Gene Durkin on
19 behalf of Apple.
20

19.

Attached hereto as Exhibit 18 is a true and accurate copy of the file history for the

21 D618678 design patent, bearing Bates numbers APL-ITC796-0000003880-3885. This excerpt
22 consists of a letter entitled Reply to Office Action of November 13, 2009, and is signed by Tracy23 Gene Durkin on behalf of Apple. Page one of this letter does not appear in the full file history as
24 produced by Apple.
25

20.

Attached hereto as Exhibit 19 is a true and accurate copy of a March 28, 2012

26 letter from Apple’s counsel to Samsung’s counsel.
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02198.51855/4776926.1

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Case No. 11-cv-01846-LHK
DECLARATION OF ERIC WALL

1

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

2 Redwood Shores, California, on May 25, 2012.
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/s/ Thomas Watson

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Thomas Watson

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Case No. 11-cv-01846-LHK
DECLARATION OF ERIC WALL

1
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GENERAL ORDER ATTESTATION
I, Victoria Maroulis, am the ECF user whose ID and password are being used to file the

3 foregoing document. I hereby attest pursuant to General Order 45.X.B. that concurrence in the
4 electronic filing of this document has been obtained from Thomas Watson.
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/s/ Victoria Maroulis

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02198.51855/4776926.1

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Case No. 11-cv-01846-LHK
DECLARATION OF ERIC WALL