Vertical Computer Systems, Inc. v. Interwoven, Inc. et al

Filing 87

RESPONSE in Opposition re 84 SEALED MOTION to Sever and Transfer Claims filed by Vertical Computer Systems Inc. (Attachments: # 1 Exhibit Declaration of Luiz Claudio Valdetaro (signed), # 2 Exhibit A - Google Information on LG Electronics, # 3 Exhibit B - Complaint (Vertical Computer Systems, Inc. v. Interwoven, Inc., et al; Civil Action No. 210-cv-490), # 4 Exhibit C - Samsung's Claim Charts, # 5 Exhibit D - LG's Claim Charts, # 6 Exhibit E - U.S. Court of Appeals for the Federal Circuit - Brief of Petitioner - Vertical Computer Systems, Inc, # 7 Exhibit F - U.S. Court of Appeals for the Federal Circuit - Petition on Writ of Mandamus Order, # 8 Exhibit G - U.S. District Court for the Northern District of California - Claims Construction Order, # 9 Exhibit H - Declaration of Seo Won Kwon, # 10 Exhibit I - LexisNexis Documents, # 11 Exhibit J - LexisNexis Documents, # 12 Text of Proposed Order)(Davis, William)

EXHIBIT H

Case 2:10-cv-00490-TJW Document 31-1

Filed 02/25/11 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION

VERTICAL COMPUTER SYSTEMS, INC.,

§
§
Plaintiff,
§
§
v.
§
§
INTERWOVEN, INC., LG ELECTRONICS
§
MOBILECOMM U.S.A., INC., LG
§
ELECTRONICS INC., SAMSUNG
§
ELECTRONICS CO., LTD., SAMSUNG
§
ELECTRONICS AMERICA, INC.,
§
§
Defendants.
§
__________________________ §

CIVIL ACTION NO. 2:10-CV-490 TJW

DECLARATION OF SEO-WON KWON

I, Seo-won Kwon, declare as follows:
I.

I am over 18 years of age, and am competent to testifY as to the matters set

fmth herein. I make the following statements based upon my own personal knowledge.

2.

I am currently a [director of project management] in the [San Jose

Mobile Communications Lab] ofSamsung Telecommunications America, LLC ("STA"). I

joined STAin [2008].

3.

Samsung Electronics Co., Ltd. ("SEC") is a Korean corporation with its

headquarters in Seoul, Korea.

4.

STA is a subsidiary of SEC. STA is a Delaware corporation with its

headqumters in Richardson, Texas.

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Case 2:10-cv-00490-TJW Document 31-1

5.

Filed 02/25/11 Page 2 of 3

SEC is responsible for the research, design, and manufacture of

Samsung's Captivate Android Smartphone, Fascinate Android Smartphone, Epic Android
Smartphone, Mesmerize i500 Touch Screen Cell Phone, Behold II Android Smartphone,
Moment Android Smartphone, Transform Android Smartphone, Vibrant Android Smartphone,
and Galaxy Tab tablet computer (collectively "Samsung's Android Devices"). All of these
devices use the Android Operating System.

6.

SEC obtains the source code for the Android Operating System from

Google. This code includes a number of standard Android applications, such as dialer, SMS,
email, internet browser, contacts, calendar, alarm clock, calculator, music player, camera, photo
album, market, Gmail, Google maps, and You Tube.

7.

SEC's development group in Korea is responsible for the research, design

and development of Samsung-specific Android applications.

8.

SEC's development labs in Korea compile the source code for the Android

Operating System, the standard Android applications, and the Samsung-specific Android
applications into binary code (executables). The binary code is then sent to SEC's factories in
Korea and China, where it is installed onto Samsung's Android Devices.

9.

Witnesses and documents relevant to the research, design and manufacture

ofSamsung's Android Devices are located at SEC's offices in Korea.

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Case 2:10-cv-00490-TJW Document 31-1

10.

Filed 02/25/11 Page 3 of 3

STA maintains a development lab in San Jose, California, which works

with Google on the Android-related aspects ofSamsung's Android Devices. This lab performs
a variety of software engineering work related to the Android platform, including optimizing
device performance and conducting internal benchmarking. The lab also works closely with the
Android team at Google to ensure that Samsung's Android Devices adhere to Google's
compatibility requirements.

ll.

Witnesses and documents relevant to Samsung's Android Devices are

located at STA's San Jose Lab.

12.

STA purchases Samsung's Android Devices from SEC in Korea, and

imports them into the USA. STA is then responsible for marketing and selling Samsung's
Android Devices to wireless carriers (e.g., Sprint, Verizon, AT&T), which distribute them to
retailers and end users.

13.

Witnesses and documents relevant to the importation, marketing and sales

of Samsung's Android Devices are located at STA's offices in Texas.

I declare under penalty of pe1jury under the laws of the United States of America
that the foregoing is true and correct.

Executed on February J}f, 2011.

Seo-Won Kwon

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