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Samsung Trial Brief

Samsung Trial Brief

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Published by: andreasudo on Jul 26, 2012
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
 
02198.51855/4869164.9
 
Case No. 11-cv-01846-LHK
 
SAMSUNG’S TRIAL BRIEF
QUINN EMANUEL URQUHART & SULLIVAN, LLPCharles K. Verhoeven (Cal. Bar No. 170151)charlesverhoeven@quinnemanuel.com50 California Street, 22
nd
FloorSan Francisco, California 94111Telephone: (415) 875-6600Facsimile: (415) 875-6700Kevin P.B. Johnson (Cal. Bar No. 177129)kevinjohnson@quinnemanuel.comVictoria F. Maroulis (Cal. Bar No. 202603)victoriamaroulis@quinnemanuel.com555 Twin Dolphin Drive 5
th
FloorRedwood Shores, California 94065Telephone: (650) 801-5000Facsimile: (650) 801-5100Michael T. Zeller (Cal. Bar No. 196417)michaelzeller@quinnemanuel.com865 S. Figueroa St., 10th FloorLos Angeles, California 90017Telephone: (213) 443-3000Facsimile: (213) 443-3100Attorneys for SAMSUNG ELECTRONICSCO., LTD., SAMSUNG ELECTRONICSAMERICA, INC. and SAMSUNGTELECOMMUNICATIONS AMERICA, LLCUNITED STATES DISTRICT COURTNORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISIONAPPLE INC., a California corporation,Plaintiff,vs.SAMSUNG ELECTRONICS CO., LTD., aKorean business entity; SAMSUNGELECTRONICS AMERICA, INC., a NewYork corporation; SAMSUNGTELECOMMUNICATIONS AMERICA,LLC, a Delaware limited liability company,Defendants.CASE NO. 11-cv-01846-LHK
SAMSUNG
S TRIAL BRIEF
PUBLIC REDACTED VERSION
Case5:11-cv-01846-LHK Document1300 Filed07/24/12 Page1 of 23
 
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02198.51855/4869164.9
 -1-
Case No. 11-cv-01846-LHK
 
SAMSUNG’S TRIAL BRIEF
 
I.
 
INTRODUCTION
In this lawsuit, Apple seeks to stifle legitimate competition and limit consumer choice tomaintain its historically exorbitant profits. Android phones manufactured by Samsung and othercompanies
 – 
all of which Apple has also serially sued in numerous forums worldwide -- offerconsumers a more flexible, open operating system with greater product choices at a variety of price points as an alternative to Apple
s single, expensive and closed-system devices.That Samsung is able to offer such a wide variety of quality mobile telecommunicationsdevices is no coincidence. Samsung has been researching and developing mobiletelecommunications technology since at least as early as 1991 and invented much of thetechnology for today
s smartphones. Indeed, Apple, which sold its first iPhone nearly twentyyears after Samsung started developing mobile phone technology, could not have sold a singleiPhone without the benefit of Samsung
s patented technology. Even as Apple has carried out acoordinated campaign of dragging Samsung
s name through the mud in this lawsuit and in themedia, it has used Samsung
s patented technology while flatly refusing to pay for its use.For good measure, Apple seeks to exclude Samsung from the market, based on itscomplaints that Samsung has used the very same public domain design concepts that Appleborrowed from other competitors, including Sony, to develop the iPhone. Apple
s own internaldocuments show this. In February 2006, before the claimed iPhone design was conceived of,Apple executive Tony Fadell circulated a news article that contained an interview of a Sonydesigner to Steve Jobs, Jonathan Ive and others. In the article, the Sony designer discussed Sonyportable electronic device designs that lacked
excessive ornamentation
such as buttons, fit in thehand, were
square with a screen
and had
corners [which] have been rounded out.
Ex. 18(DX 649).
1
Immediately after this article was circulated internally, Apple industrial designerShin Nishibori was directed to prepare a | | | | | | | | | design for an Apple phone and had CADdrawings and a three-dimensional model prepared.
See
Exs. 1-2 (DX 623; DX 562).
1
 
All citations to ―Ex.‖ refer to exhibits attached to the Declaration of Joby Martin, filed
concurrently herewith.
Case5:11-cv-01846-LHK Document1300 Filed07/24/12 Page2 of 23
 
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02198.51855/4869164.9
 -2-
Case No. 11-cv-01846-LHK
 
SAMSUNG’S TRIAL BRIEF
 
Eliminating any doubt about the origin of the design
s inspiration, Apple
‘s internal
CAD drawings| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | on the phone design.
 Id.
Only dayslater, Apple designer Richard Howarth reported that, in contrast to another internal design that wasthen under consideration, Mr. Nishibori
s | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | || | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | As Mr.Nishibori has confirmed, his | | | | | | | | | | | design changed the direction of the project that yieldedthe final iPhone designs.Contrary to the image it has cultivated in the popular press, Apple has admitted in internaldocuments that its strength is not in developing new technologies first, but in successfullycommercializing them. When Apple was developing its campaign to promote the first iPhone, itconsidered
 – 
and rejected
 – 
advertisements th
at touted alleged Apple ―firsts‖ with the iPhone. As
one Apple employee explained to an overly exuberant Apple marketer, | | | | | | | | | | | | | | | | | | | | | | | || | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | || | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | || | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | || | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |Also contrary to Apple
s accusations, Samsung does not need or want to copy; rather, itstrives to best the competition by developing multiple, unique products. Samsung internaldocuments from 2006, well before the iPhone was announced, show rectangular phones withrounded corners, large displays, flat front faces, and graphic interfaces with icons with gridlayouts. Furthermore, much of what Apple complains of is the
benchmarking
of competitiveproducts by Samsung. But this is a universal practice in the smartphone, tablet and otherconsumer electronics markets. It involves doing side-by-side product comparisons of competitors
products. Samsung certainly does this; so does Apple, and so does any companyinterested in continually improving its products for the benefit of consumers. There is nothingwrong with this common industry practice. That Apple itself zealously engages in the same typeof benchmarking says everything about the disingenuous nature of Apple
s allegation that thisevidences
copying.
 
Case5:11-cv-01846-LHK Document1300 Filed07/24/12 Page3 of 23

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