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

Filing 996

Administrative Motion to File Under Seal Documents Under Seal Re Apples Opposition To Samsungs Motion To Strike Expert Testimony filed by Apple Inc.. (Attachments: #1 Declaration Of Cyndi Wheeler In Support Of Apples Administrative Motion To File Under Seal Documents Re Apples Opposition To Samsungs Motion To Strike Expert Testimony, #2 Declaration Of Mia Mazza In Support Of Apples Administrative Motion To File Documents Under Seal Re Apples Opposition To Samsungs Motion To Strike Expert Testimony, #3 [Proposed] Order Granting Apples Administrative Motion To File Documents Under Seal Re Apples Opposition To Samsungs Motion To Strike, #4 Apples Opposition To Samsungs Motion To Strike Expert Testimony Based On Undisclosed Facts And Theories, #5 Declaration Of Marc J. Pernick In Support Of Apples Opposition To Samsungs Motion To Strike Expert Testimony Based On Undisclosed Facts And Theories, #6 Exhibit Pernick Decl. Ex. 8, #7 Exhibit Pernick Decl. Ex. 10, #8 Exhibit Pernick Decl. Ex. 11, #9 Exhibit Pernick Decl. Ex. 12, #10 Exhibit Pernick Decl. Ex. 16, #11 Exhibit Pernick Decl. Ex. 17, #12 Exhibit Pernick Decl. Ex. 19, #13 Declaration Of Michel Maharbiz, Ph.D. In Support Of Apples Opposition To Samsungs Motion To Strike Expert Testimony, #14 Exhibit Maharbiz Decl. Ex. A, #15 Exhibit Maharbiz Decl. Ex. B, #16 [Proposed] Order Denying Samsungs Motion To Strike Expert Testimony (Dkt. No. 936))(Jacobs, Michael) (Filed on 5/31/2012) Modified on 6/3/2012 pursuant to General Order No. 62, attachment #1 and #2 Sealed (dhm, COURT STAFF).

Exhibit 16

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April 22, 2012
VIA E-MAIL
Mia Mazza
Morrison & Foerster LLP
425 Market Street
San Francisco, CA 94105
Re:

Apple v. Samsung, Case No. 11-cv-01846 (LHK) (N.D. Cal.)

Dear Mia:
During the March 20, 2012 deposition of Ravin Balakrishnan, Dr. Balakrishnan testified
that he physically examined the accused Samsung products listed in his expert report on
infringement. (See Balakrishnan Dep. at 38:25-39:10). When asked whether he still had
possession of these products, he testified that “[t]hey were at counsel’s, Apple’s counsel’s office.
I imagine they still have them.” (Id. at 39:12-16).
In the Expert Report of Ravin Balakrishnan, Ph.D. Regarding Infringement of U.S. Patent
No. 7,469,381 (“Balakrishnan Infringement Report”), Dr. Balakrishnan stated:
17.
I have examined the following Samsung products: the Captivate;
Continuum; Droid Charge; Epic 4G; Exhibit 4G; Fascinate; Galaxy Ace; Galaxy
Prevail; Galaxy S (i9000); Galaxy S 4G; Galaxy S II (including its i9100, AT&T,
and Epic 4G Touch variants); Galaxy S Showcase (i500); Galaxy Tab 7.0; Galaxy
Tab 10.11; Gem; Gravity Smart; Indulge; Infuse 4G; Intercept; Mesmerize; Nexus
S; Nexus S 4G; Replenish; Sidekick; and Vibrant.

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(Balakrishnan Infringement Report at 5).
Dr. Balakrishnan could not recall what version of the Android code was installed on the
devices he expected or what version of the Gallery, Contacts or ThinkFree Office software was
installed on the devices. (See Balakrishnan Dep. at 40:8-44:4).
Samsung hereby requests that Apple make the devices upon which Dr. Balakrishnan
bases his infringement report available for inspection. Please identify a date, time and location
during the week of April 23, 2012 that Samsung may inspect the products listed in Dr.
Balakrishnan’s expert report on infringement.
Regards,
/s/ Ketan V. Patel
Ketan V. Patel

02198.51855/4717626.1

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