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

Filing 987

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 Proposed Order Granting Motion to Seal, #2 Declaration of Daniel Shim in Support of Motion to Seal, #3 Samsung's Opposition to Apple's Motion for Adverse Inference Jury Instructions, #4 Declaration of Thomas Watson, #5 Exhibit 1 to Watson, #6 Exhibit 2 to Watson, #7 Exhibit 3 to Watson, #8 Exhibit 4 to Watson, #9 Exhibit 5 to Watson, #10 Exhibit 6 to Watson, #11 Exhibit 7 to Watson, #12 Exhibit 8 to Watson, #13 Exhibit 9 to Watson, #14 Exhibit 10 to Watson, #15 Exhibit 11 to Watson, #16 Exhibit 12 to Watson, #17 Exhibit 13 to Watson, #18 Exhibit 14 to Watson, #19 Exhibit 15 to Watson, #20 Exhibit 16 to Watson, #21 Exhibit 17 to Watson, #22 Exhibit 18 to Watson, #23 Exhibit 19 to Watson, #24 Exhibit 20 to Watson, #25 Exhibit 21 to Watson, #26 Exhibit 22 to Watson, #27 Exhibit 23 to Watson, #28 Exhibit 24 to Watson, #29 Exhibit 25 to Watson, #30 Exhibit 26 to Watson, #31 Exhibit 27 to Watson, #32 Exhibit 28 to Watson, #33 Exhibit 29 to Watson, #34 Exhibit 30 to Watson, #35 Exhibit 31 to Watson, #36 Exhibit 32 to Watson, #37 Exhibit 33 to Watson, #38 Declaration of Sara Jenkins, #39 Declaration of Alex Binder, #40 Exhibit 1 to Binder, #41 Exhibit 2 to Binder, #42 Exhibit 3 to Binder, #43 Exhibit 4 to Binder, #44 Declaration of Hankil Kang, #45 Declaration of Don Joo Lee, #46 Declaration of Giho Ro, #47 Declaration of Han-Yeol Ryu, #48 Declaration of Heontae Son, #49 Declaration of Ioi Lam, #50 Declaration of Jong Dae Park, #51 Declaration of Joo Hyuk Kang, #52 Declaration of Kang Hyun Lee, #53 Declaration of Min Cheol Shin, #54 Declaration of Minhyouk Lee, #55 Declaration of Nara Cho, #56 Declaration of Se-Hyun Cho, #57 Declaration of Sungsik Lee, #58 Declaration of Won Pyo Hong, #59 Declaration of Wooup Kwon, #60 Declaration of Young-jo Lim, #61 Declaration of YoungSoon Lee, #62 Declaration of Kyu Hyuk Lee, #63 Declaration of Michael Finnegan, #64 Declaration of Byungil Kim, #65 Declaration of M. James Daley, #66 Declaration of Raymond Warren, #67 Proposed Order Denying Apple's Motion for Adverse Inference Jury Instructions)(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]
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 R.
WATSON IN SUPPORT OF OPPOSITION
TO APPLE INC.'S MOTION FOR
ADVERSE INFERENCE JURY
INSTRUCTIONS DUE TO SAMSUNG'S
SPOLIATION OF EVIDENCE



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.


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




02198.51855/4778748.3

Case No. 11-cv-01846-LHK
WATSON DECL. ISO OPPOSITION TO APPLE'S MOT. FOR ADVERSE INFERENCE JURY INSTRUCTIONS

1

DECLARATION OF THOMAS R. WATSON



I, Thomas R. Watson, declare as follows:



1.

I am a member of the bar of the State of California and an associate with Quinn

 Emanuel Urquhart & Sullivan LLP, attorneys for Samsung Electronics Co., Ltd., Samsung
 Electronics America, Inc., and Samsung Telecommunications America, LLC. I make this
 declaration of personal, firsthand knowledge, and if called and sworn as a witness, I could and
 would testify competently thereto.


2.

Attached hereto as Exhibit 1 is a true and accurate copy of the Order Denying

 Complainant Apple Inc.’s Motion for Spoliation Sanctions Against Samsung, Inv. No. 337-TA 796, Order No. 19 (May 11, 2012). The public version of this Order is in the Court’s docket.
 (Dkt. 971.)


3.

Attached hereto as Exhibit 2 is a copy of the transcript of a speech by Chief Judge

 Randall R. Rader, United States Court of Appeals for the Federal Circuit, to the Eastern District of
 Texas Judicial Conference on September 27, 2011, titled, “The State of Patent Litigation”
 (available at http://www.patentlyo.com/files/raderstateofpatentlit.pdf).


4.

Attached hereto as Exhibit 3 is a true and accurate copy of the E-Discovery Model

 Order drafted and adopted by the Federal Circuit Advisory Council (available at
 http://www.cafc.uscourts.gov/images/stories/announcements/Ediscovery_Model_Order.pdf).


5.

Attached hereto as Exhibit 4 are two summary-charts titled “Samsung's Responses

 to Apple's Claims Regarding the Alleged Lack of Email Production Found in the Esther Kim
 Declaration” and “Samsung’s Responses to Apple’s Claims Regarding Samsung’s Untimely
 Notices to Preserve Documents.”


6.

Attached hereto as Exhibit 5 is a true and correct copy of excerpts from the

 transcript of the March 8, 2012 deposition of Kyu Hyuk Lee.


7.

Attached hereto as Exhibit 6 is a true and correct copy of excerpts from the

 transcript of the April 19, 2012 deposition of Won Pyo Hong.


8.

Attached hereto as Exhibit 7 is a true and correct copy of excerpts from the

 transcript of the March 2, 2012 deposition of MinHyouk Lee.
02198.51855/4778748.3

Case No. 11-cv-01846-LHK

1

9.

Attached hereto as Exhibit 8 is a true and correct copy of excerpts from the

2 transcript of the March 3, 2012 deposition of MinHyouk Lee in a related action before the
3 International Trade Commission ("ITC"), Inv. No. 337-TA-796.
4

10.

Attached hereto as Exhibit 9 is a true and correct copy of Samsung's Amended

5 Objections and Response to Apple's Sixty Set of Interrogatories, Interrogatory No. 14 served
6 March 7, 2012.
7

11.

Attached hereto as Exhibit 10 is a true and correct copy of excerpts from the

8 transcript of the March 8, 2012 deposition of Joon-Il Choi.
9

12.

Attached hereto as Exhibit 11 is a true and correct copy of excerpts from the

10 transcript of the March 20, 2012 deposition of Joon-Il Choi in ITC Inv. No. 337-TA-796.
11

13.

Attached hereto as Exhibit 12 is a true and correct copy of excerpts from the

12 transcript of the February 17, 2012 deposition of Don Joo Lee in ITC Inv. No. 337-TA-796.
13

14.

Attached hereto as Exhibit 13 is a true and correct copy of excerpts from the

14 transcript of the March 8, 2012 deposition of Ioi Lam.
15

15.

Attached hereto as Exhibit 14 is a true and correct copy of excerpts from the

16 transcript of the January 14, 2012 deposition of Nara Cho.
17

16.

Attached hereto as Exhibit 15 is a true and correct copy of excerpts from the

18 transcript of the January 14, 2012 deposition of Junho Park.
19

17.

Attached hereto as Exhibit 16 is a true and correct copy of excerpts from the

20 transcript of the February 29, 2012 deposition of Heon-Seok Lee.
21

18.

Attached hereto as Exhibit 17 is a true and correct copy of an excerpt of

22 Deposition Exhibit 1792 marked at the February 29, 2012 deposition of Heon-Seok Lee.
23

19.

Attached hereto as Exhibit 18 is a true and correct copy of excerpts from the

24 transcript of the February 28, 2012 deposition of Dong Sub Kim.
25

20.

Attached hereto as Exhibit 19 is a true and correct copy of excerpts from the

26 transcript of the February 8, 2012, 2012 deposition of Hangil Song in ITC Inv. No. 337-TA-796.
27

21.

Attached hereto as Exhibit 20 is a true and correct copy of excerpts from the

28 transcript of the February 29, 2012 deposition of Hyoung Shin Park.
02198.51855/4778748.3

Case No. 11-cv-01846-LHK
-2WATSON DECL. ISO OPPOSITION TO APPLE'S MOT. FOR ADVERSE INFERENCE JURY INSTRUCTIONS

1

22.

Attached hereto as Exhibit 21 is a true and correct copy of excerpts from the

2 transcript of the April 19, 2012 deposition of Seunghwan Cho.
3

23.

Attached hereto as Exhibit 22 is a true and correct copy of excerpts from the

4 transcript of the March 1, 2012 deposition of SungSik Lee.
5

24.

Attached hereto as Exhibit 23 is a true and correct copy of excerpts from the

6 transcript of the March 21, 2012 deposition of Dong Sub Kim in ITC Inv. No. 337-TA-796.
7

25.

Attached hereto as Exhibit 24 is a true and correct copy of excerpts from the

8 transcript of the February 8, 2012 deposition of Hangil Song.
9

26.

Attached hereto as Exhibit 25 is a true and correct copy of excerpts from the

10 transcript of the February 7, 2012 deposition of Young Soon Lee.
11

27.

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

12 transcript of the February 6, 2012 deposition of Joo Hyuk Kang in ITC Inv. No. 337-TA-796.
13

28.

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

14 transcript of the February 6, 2012 deposition of Kang Hyun Lee in ITC Inv. No. 337-TA-796.
15

29.

Attached hereto as Exhibit 28 is a true and correct copy of excerpts from the

16 transcript of the February 20, 2012 deposition of Se-Hyun Cho in ITC Inv. No. 337-TA-796.
17

30.

Attached hereto as Exhibit 29 is a true and correct copy of excerpts from the

18 transcript of the March 15, 2012 deposition of Kyu Huyung Lee in ITC Inv. No. 337-TA-796.
19

31.

Attached hereto as Exhibit 30 is a true and correct copy of excerpts from the

20 transcript of the March 29, 2012 deposition of Corey Kerstetter.
21

32.

Attached hereto as Exhibit 31 is a true and correct copy of excerpts from the

22 transcript of the May 20, 2011 hearing in Fractus v. Samsung, Case No. 6:09-cf-203-LED.
23

33.

Attached hereto as Exhibit 32 is a true and correct copy of excerpts from the

24 transcript of the February 10, 2012 deposition of Kyu Hyuk Lee in ITC Inv. No. 337-TA-796.
25

34.

Attached hereto as Exhibit 33 is a true and correct copy of Samsung’s Third

26 Supplemental and Amended Identifications of Custodians, Litigation Hold Notices and Search
27 Terms and Exhibits A through AA to the Identifications, served on May 27, 2012
28
02198.51855/4778748.3

Case No. 11-cv-01846-LHK
-3WATSON DECL. ISO OPPOSITION TO APPLE'S MOT. FOR ADVERSE INFERENCE JURY INSTRUCTIONS

1

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

2 foregoing is true and correct.
3

Executed May 29, 2012, at Redwood Shores, California.

4
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/s/ Thomas R. Watson
Thomas R. Watson

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02198.51855/4778748.3

Case No. 11-cv-01846-LHK
-4WATSON DECL. ISO OPPOSITION TO APPLE'S MOT. FOR ADVERSE INFERENCE JURY INSTRUCTIONS

1


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

 foregoing Declaration. In compliance with General Order 45 (X)(B), I hereby attest that Thomas


R. Watson has concurred in this filing.


 DATE: May 29, 2012

/s/ Victoria Maroulis

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02198.51855/4778748.3

Case No. 11-cv-01846-LHK