Apple Inc v. Samsung Electronics Co Ltd

Filing 4

DECLARATION of Patrick Schmidt filed by Defendant Samsung Electronics Co Ltd re #2 MOTION to Quash (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Parvin, Shaham)

Exhibit C

Patrick Schmidt
From:
Sent:
To:
Subject:

Levin, Gary H. (Woodcock Washburn) [[e-mail] ]
Tuesday, March 06, 2012 7:25 AM
Patrick Schmidt
RE: February 27, 2012 Subpoena

Patrick,
You didn't mis-understand. Microsoft is unable to make a witness available on March 8.
Gary
From: Patrick Schmidt [mailto:[e-mail]]
Sent: Monday, March 05, 2012 9:35 PM
To: Levin, Gary H. (Woodcock Washburn)
Subject: RE: February 27, 2012 Subpoena
Gary,
We are prepared to take our March 8 th deposition on the narrowed topics I referenced last Thursday. I interpret your
last email to mean that Microsoft will refuse to make a witness available. If this is the case, I must cancel travel
arrangements and notify Apple. Please let me know by 12:00 PST tomorrow if I misunderstood your response.
-Patrick
From: Levin, Gary H. (Woodcock Washburn) [mailto: [e-mail]]
Sent: Monday, March 05, 2012 2:22 PM
To: Patrick Schmidt
Subject: RE: February 27, 2012 Subpoena

Patrick,
I have spoken with Microsoft and we unfortunately cannot accommodate this. The issue, among other things,
is that Microsoft would have to basically collect and review documents and possibly interview 7 inventors to
ensure that a complete story of conception and reduction to practice is prepared so that Microsoft's interests are
not prejudiced by the deposition about its own patent. This cannot be done in the time period allotted.
Gary

From: Patrick Schmidt [mailto:[e-mail]]
Sent: Thursday, March 01, 2012 7:39 PM
To: Levin, Gary H. (Woodcock Washburn)
Subject: RE: February 27, 2012 Subpoena
Gary,
We simply cannot agree to accept an affidavit or other documents after the close of our discovery deadline. I'm sorry,
but to do so would prejudice our client's ability to use whatever evidence is later forthcoming.

1

Perhaps we can try approaching this from a different angle. We can agree to Microsoft not producing any documents or
affidavits in exchange for a short deposition as currently scheduled (March 8 t"). I can promise that questioning on behalf
of Samsung will last no more than 2 hours. Further, I can limit the deposition topics to:
1.) The general timeframe of conception and reduction to practice (say within a 1-2 month range) for the six
features listed below; and
2.) The general nature of the six features listed below, including their possible use in smart phones and other
handheld devices.
--The " improved user interface for mobile devices such as smartphones, personal digital assistants (PDAs) and
the like" see 2:6-8, which "can include a set of dynamic tiles." Flynt 2:15.
--The "navigation component" that "controls movement through the tile space." Flynt 6:35-49 and Claim 13.
--"Movement within the tile space need not be limited to simple vertical or horizontal panning." Flynt 10:44-45.
--"By indicating movement, the user can reposition the display screen indicator within the tile space and thereby
update the portion of the tile space to be displayed." Flynt 11:32-35, and Figure 8.
--"[Tjhe user can select a tile and on zoom in, the selected tile can be displayed as the active tile, centered in the
mobile device display screen." Flynt 11:35-37 and Claim 16.
--"Zooming out allows a user to determine current location within the tile space ... [d]uring zoom out, smaller
representations of tiles can be used to allow for the display of additional tiles within the display screen of the
mobile device." Flynt 11:17-20; 11:24-27.
This proposal would spare Microsoft the need to prepare an affidavit or produce any documents whatsoever. Also, I am
no longer asking for a witness to fix the date of conception with absolute precision so long as the date can be identified
within a 1-2 month period. Finally, I believe this proposal further narrows the already very limited deposition topics I
originally proposed.
Please let me know if this is an acceptable alternative,
Patrick Schmidt
Associate

Quinn Emanuel Urquhart & Sullivan, LLP
865 S. Figueroa Street, 10th Floor
Los Angeles, CA 90017
213-443-3191 Direct
213-443-3000 Main Office Number
213-443-3100 Fax

PatrickSchmidt(a~guinnemanuel.com
www.guinnemanuel.com
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From: Levin, Gary H. (Woodcock Washburn) [mailto:[e-mail]]
Sent: Thursday, March 01, 2012 12:07 PM
To: Patrick Schmidt
Subject: RE: February 27, 2012 Subpoena

Patrick,
Thanks for your email. Unfortunately, we cannot commit to being able to have a declaration on the
topics of your earlier email by March 8. There would be considerable work in having an inventor locate
records and refresh his memory about the events and dates.
Are you offering to take the deposition off calendar if we agree to some date after March 8 for a declaration? If
so, I can run that by Microsoft.
Please let me know.
Gary
Gary H. Levin
Woodcock Washburn LLP
Cira Centre, 12th Floor
2929 Arch Street
Philadelphia, PA 19104-2891
215.564.8363
Fax: [phone]
Email: [e-mail]

www.woodcock.com

From: Patrick Schmidt fmaiIto:[e-mail]
Sent: Wednesday, February 29, 2012 10:41 PM
To: Levin, Gary H. (Woodcock Washburn)
Cc: Marissa Ducca

Subject: RE: February 27, 2012 Subpoena
Gary,
I am following up on our second conversation today.
As I indicated on the telephone, we are amendable to dropping our request for a March 8 deposition if, in exchange,
Microsoft is willing to provide us with evidence (preferably in the form of a inventor affidavit) as to the conception of
the patent in question. I cannot, however, agree to take the deposition off calendar on the mere promise for you to
negotiate the possibility of future document productions.
We understand Microsoft's point that this subpoena has a relatively short deadline. But we also believe that this is
mitigated by the narrow scope of the demands and topics. Earlier today, I offered to drop all document requests in
exchange for an affidavit addressing the conception of just six features disclosed in a single patent.
Of course, we hope to avoid motion practice on this matter as much as you. I hope to continue to meet and confer with
you and work out a solution before the March 8 close of discovery in our case.
Thank you,

3

Patrick Schmidt

Associate
Quinn Emanuel Urquhart & Sullivan, LLP

865 S. Figueroa Street, 10th Floor
Los Angeles, CA 90017
213-443-3191 Direct
213-443-3000 Main Office Number
213-443-3100 Fax
PatrickSchmidt(aD,guinnemanuel.com
wwwguinnemanuel.com
NOTICE: The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named above. This message
may be an attorney-client communication and/or work product and as such is privileged and confidential. If the reader of this message is not the intended
recipient or agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any
review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately
by e-mail, and delete the original message,

Patrick Schmidt
From:
Sent:
To:
Cc:
Subject:

Patrick Schmidt
Wednesday, February 29, 2012 9:59 AM
'[e-mail] '
Marissa Ducca
February 27, 2012 Subpoena

Gary,
As we discussed earlier this morning, we are most interested in establishing an invention date on U.S. Patent No.
7,933,632 (inventors: David Wayne Flynt, et al.). We would be willing to narrow all of our document requests in the
February 27, 2012 subpoena to a single sworn affidavit from a named inventor that establishes the conception and
reduction-to-practice date for the following concepts/features disclosed in the specification:
--The " improved user interface for mobile devices such as smartphones, personal digital assistants (PDAs) and
the like" see 2:6-8, which "can include a set of dynamic tiles." Flynt 2:15.
--The "navigation component" that "controls movement through the tile space." Flynt 6:35-49 and Claim 13.
--"Movement within the tile space need not be limited to simple vertical or horizontal panning." Flynt 10:44-45.
--"By indicating movement, the user can reposition the display screen indicator within the tile space and thereby
update the portion of the tile space to be displayed." Flynt 11:32-35, and Figure 8.
--"[T]he user can select a tile and on zoom in, the selected tile can be displayed as the active tile, centered in the
mobile device display screen." Flynt 11:35-37 and Claim 16.
--"Zooming out allows a user to determine current location within the tile space ... [d]uring zoom out, smaller
representations of tiles can be used to allow for the display of additional tiles within the display screen of the
mobile device." Flynt 11:17-20; 11:24-27.

Patrick Schmidt
Associate
Quinn Emanuel Urquhart & Sullivan, LLP
865 S. Figueroa Street, 10th Floor
Los Angeles, CA 90017
213-443-3191 Direct
213-443-3000 Main Office Number
213-443-3100 Fax
PatrickSchmidt f7i.auinnemanuel.com
c
www.guinnemanuel.com
NOTICE: The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named above. This message
may he an attorney-client communication and/or work product and as such is privileged and confidential. If the reader of this message is not the intended
recipient or agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any
review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately
by e-mail, and delete the original message.