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

Filing 994

Administrative Motion to File Under Seal Second Supplemental Price Declaration in Support of (Dkt No. 934) Samsung's Motion to Strike filed by Samsung Electronics Co. Ltd.. (Attachments: #1 Price Declaration in Support of Motion to Seal, #2 Proposed Order Granting Motion to Seal, #3 Second Supplemental Price Declaration, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E)(Maroulis, Victoria) (Filed on 5/31/2012) Modified on 6/3/2012 attachment #1 Sealed pursuant to General Order No. 62 (dhm, COURT STAFF).

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Bar No. 170151)
 [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)



SECOND SUPPLEMENTAL
DECLARATION OF CHRISTOPHER E.
PRICE IN SUPPORT OF SAMSUNG’S
MOTION TO STRIKE EXPERT
TESTIMONY BASED ON UNDISCLOSED
FACTS AND THEORIES



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.


02198.51855/4786187.1

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

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

1

SECOND 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 second
 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 May 30, 2012, 13 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 true and correct copy of Peter J.
 Kolovos's May 31, 2012 letter to Diane C. Hutnyan regarding the production is attached as
 Exhibit A. | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |


(a)

Document Bates numbered APLNDC-WH0000728153-8172, a true and correct

 copy of which is attached as Exhibit B. | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | . (See Exs. U, V, and
 W to the Declaration of Christopher E. Price in Support of Samsung's Motion to Strike, Dkt. No.
 936.)


(b)

Document Bates numbered APLNDC-WH0000728173-8184, a true and correct

 copy of which is attached as Exhibit C. | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | ;
02198.51855/4786187.1

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

1

(c)

Document Bates numbered APLNDC-WH0000728185-8192, a true and correct

2 copy of which is attached as Exhibit D; and
3

(d)

Document Bates numbered APLNDC-WH0000728193-8218, a true and correct

4 copy of which is attached as Exhibit E.
5

3.

Three of the four | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |

6 ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 This brings to at least | | | the number of | | | | | | | | | | | | | | | Apple has produced in this matter
10 since the close of fact discovery, and brings to | | | | | the number of | | | | | | | | | | | | | | | Apple has
11 produced just since Samsung filed its motion.
12

4.

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

13 February 23, 2012. Fact discovery in this case closed on March 8, 2012. Samsung served its
14 opening and rebuttal damages reports on March 22 and April 16, 2012, respectively. Obviously,
15 | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
16 | | | | | | | | | | | | | – were not available to Samsung or its experts to formulate Samsung's damages
17 theories or respond to Apple's.
18
19

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

20 foregoing is true and correct.
21

Executed on May 31, 2012, at Los Angeles, California.

22
23
24
25
26

Christopher E. Price

27
28
02198.51855/4786187.1

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