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

Filing 984

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 Declaration of Christopher Price in Support of Samsung's Administrative Motion to Seal, #2 Proposed Order Granting Samsung's Administrative Motion to Seal, #3 Exhibit 1 to Declaration of Christopher Price in Support of Motion to Seal (Supplemental Price Declaration), #4 Exhibit 1 to Supplemental Price Declaration (Filed Under Seal), #5 Exhibit 2 to Supplemental Price Declaration (Filed Under Seal), #6 Exhibit 3 to Supplemental Price Declaration (Filed Under Seal), #7 Exhibit 4 to Supplemental Price Declaration (Filed Under Seal), #8 Exhibit 5 to Supplemental Price Declaration (Filed Under Seal))(Maroulis, Victoria) (Filed on 5/29/2012)

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]
th
 555 Twin Dolphin Drive, 5 Floor
Redwood Shores, California 94065-2139
 Telephone: [phone]
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 (PSG)



SUPPLEMENTAL DECLARATION OF
CHRISTOPHER E. PRICE IN SUPPORT
OF SAMSUNG’S MOTION TO STRIKE
EXPERT REPORTS



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,

Defendants.


Date: June 26, 2012
Time: 10:00 a.m.
Place: Courtroom 5, 4th Floor
Judge: Hon. Paul S. Grewal
REDACTED


02198.51855/4781997.1

Case No. 11-cv-01846-LHK (PSG)
SUPPLEMENTAL PRICE DECLARATION IN SUPPORT OF SAMSUNG’S MOTION TO STRIKE

1

SUPPLEMENTAL DECLARATION OF CHRISTOPHER E. PRICE



I, Christopher E. Price, declare as follows:



1.

I am Of Counsel with 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 submit this supplemental
 declaration in support of Samsung’s Motion to Strike Expert Testimony Based on Undisclosed
 Facts and Theories. I have personal knowledge of the facts set forth in this supplemental
 declaration, except as otherwise noted, and, if called upon as a witness, I could and would testify
 to such facts under oath.


2.

On April 21, 2012, five days after Samsung filed its Motion to Strike – which

 seeks in part to strike portions of the reports of Apple's damages expert due to Apple's deficient,
 incomplete, belated, and contradictory production of licensing information – Apple produced for
 the first time





(a)

Document Bates numbered APLNDC-WH0000728094-8131, a true and correct

 copy of which is attached as Exhibit 1;


(b)

Document Bates numbered APLNDC-WH0000728132-8141, a true and correct

 copy of which is attached as Exhibit 2;


(c)

Document Bates numbered APLNDC-WH0000728142-8152, a true and correct

 copy of which is attached as Exhibit 3;


(d)

Document Bates numbered APNDC-WH0000728071-8093, a true and correct

 copy of which is attached as Exhibit 4; and


(e)

Documents Bates numbered APNDC-WH0000728062-8070, a true and correct

 copy of which is attached as Exhibit 5.


3.

Apple's Rule 30(b)(6) witness on certain licensing issues was deposed on

 February 23, 2012. Fact discovery in this case closed on March 8, 2012. Samsung served its
02198.51855/4781997.1

Case No. 11-cv-01846-LHK (PSG)
-1SUPPLEMENTAL PRICE DECLARATION IN SUPPORT OF SAMSUNG’S MOTION TO STRIKE

1 opening and rebuttal damages reports on March 22 and April 16, 2012, respectively. Obviously,
2

discussed in my

3 original declaration – were not available to Samsung or its experts to formulate Samsung's
4 damages theories or respond to Apple's.
5
6

I declare under penalty of perjury under the laws of the United States of America that the

7 foregoing is true and correct.
8

Executed on May 29, 2012, at Los Angeles, California.

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Christopher E. Price

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02198.51855/4781997.1

Case No. 11-cv-01846-LHK (PSG)
-2SUPPLEMENTAL PRICE DECLARATION IN SUPPORT OF SAMSUNG’S MOTION TO STRIKE