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

Filing 990

Administrative Motion to File Under Seal Corrected Supplemental Price Declaration 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 Motion to Seal, #2 Proposed Order Granting Samsung's Administrative Motion to Seal, #3 Exhibit 1 to Price Declaration in Support of Motion to Seal (Corrected Supplemental Price Declaration), #4 Exhibit 1 to Corrected Supplemental Price Declaration - Filed Under Seal, #5 Exhibit 2 to Corrected Supplemental Price Declaration - Filed Under Seal, #6 Exhibit 3 to Corrected Supplemental Price Declaration - Filed Under Seal, #7 Exhibit 4 to Corrected Supplemental Price Declaration - Filed Under Seal, #8 Exhibit 5 to Corrected Supplemental Price Declaration - Filed Under Seal)(Maroulis, Victoria) (Filed on 5/30/2012) Modified on 5/31/2012 Attachment #1 Sealed Pursuant to General Order No. 62 (dhm, COURT STAFF).

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Bar No. 170151)
2 [e-mail]
50 California Street, 22nd Floor
3 San Francisco, California 94111
Telephone: [phone]
4 Facsimile: [phone]
5 Kevin P.B. Johnson (Bar No. 177129)
[e-mail]
6 Victoria F. Maroulis (Bar No. 202603)
[e-mail]
th
7 555 Twin Dolphin Drive, 5 Floor
Redwood Shores, California 94065-2139
8 Telephone: [phone]
Facsimile: [phone]
9
10 Michael T. Zeller (Bar No. 196417)
[e-mail]
11 865 S. Figueroa St., 10th Floor
Los Angeles, California 90017
12 Telephone: [phone]
Facsimile: [phone]
13
14 Attorneys for SAMSUNG ELECTRONICS CO.,
LTD., SAMSUNG ELECTRONICS AMERICA,
15 INC. and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC
16
17

UNITED STATES DISTRICT COURT

18

NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

19
20 APPLE INC., a California corporation,

CASE NO. 11-cv-01846-LHK (PSG)

21

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

22

Plaintiff,
vs.

23 SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity; SAMSUNG
24 ELECTRONICS AMERICA, INC., a New
York corporation; SAMSUNG
25 TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,
26
Defendants.
27

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

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

1

CORRECTED SUPPLEMENTAL DECLARATION OF CHRISTOPHER E. PRICE

2

I, Christopher E. Price, declare as follows:

3

1.

I am Of Counsel with the law firm of Quinn Emanuel Urquhart & Sullivan, LLP,

4 counsel for Samsung Electronics Co., Ltd., Samsung Electronics America, Inc. and Samsung
5 Telecommunications America, LLC (collectively, “Samsung”). I submit this corrected
6 supplemental declaration in support of Samsung’s Motion to Strike Expert Testimony Based on
7 Undisclosed Facts and Theories. I have personal knowledge of the facts set forth in this
8 supplemental declaration, except as otherwise noted, and, if called upon as a witness, I could and
9 would testify to such facts under oath.
10

2.

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

11 seeks in part to strike portions of the reports of Apple's damages expert due to Apple's deficient,
12 incomplete, belated, and contradictory production of licensing information – Apple produced for
13 the first time | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
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16 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | :
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(a)

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

18 copy of which is attached as Exhibit 1;
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(b)

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

20 copy of which is attached as Exhibit 2;
21

(c)

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

22 copy of which is attached as Exhibit 3;
23

(d)

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

24 copy of which is attached as Exhibit 4; and
25

(e)

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

26 copy of which is attached as Exhibit 5.
27

3.

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

28 February 23, 2012. Fact discovery in this case closed on March 8, 2012. Samsung served its
Case No. 11-cv-01846-LHK (PSG)
-1CORRECTED SUPPLEMENTAL 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
3 in my original declaration – were not available to Samsung or its experts to formulate Samsung's
4 damages theories or respond to Apple's.
5

4.

My Supplemental Declaration in Support of Samsung's Motion to Strike Expert

6 Reports incorrectly states in paragraph two that Apple produced| | | | | | | | |
7 | | | | | | | | | | | | | | | | | | | | | || | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | In fact, Apple produced | | | | | |
8 | | | | | | | | | | | | | | | | | | | on May 21, 2012.
9
10

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

11 foregoing is true and correct.
12

Executed on May 30, 2012, at Los Angeles, California.

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17

Christopher E. Price

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