Apple Inc. v. Psystar Corporation

Filing 252

Transcript of Proceedings held on July 9, 2009, before Judge William H. Alsup. Court Reporter/Transcriber Joan Marie Columbini, Telephone number 415-255-6842. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 5/17/2010. (Columbini, Joan) (Filed on 2/16/2010)

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PAGES 1 - 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA BEFORE THE HONORABLE WILLIAM H. ALSUP APPLE, INC., A CALIFORNIA CORPORATION, ) ) ) PLAINTIFF, ) ) VS. ) ) PSYSTAR CORPORATION, ) ) DEFENDANT. ) ) ___________________________________) AND RELATED COUNTERCLAIMS. ) ___________________________________ NO. C 08-3251 WHA SAN FRANCISCO, CALIFORNIA THURSDAY JULY 9, 2009 TRANSCRIPT OF PROCEEDINGS APPEARANCES: FOR PLAINTIFF BY: TOWNSEND AND TOWNSEND AND CREW, LLP TWO EMBARCADERO CENTER, EIGHTH FLOOR SAN FRANCISCO, CALIFORNIA 94111 JAMES G. GILLILAND, JR., ESQUIRE MEHRNAZ BOROUMAND SMITH, ESQUIRE CARR & FERRELL, LLP 2200 GENG ROAD PALO ALTO, CALIFORNIA 94303 CHRISTOPHER P. GREWE, ESQUIRE FOR DEFENDANT BY: REPORTED BY: JOAN MARIE COLUMBINI, CSR #5435, RPR OFFICIAL COURT REPORTER, U.S. DISTRICT COURT 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PROCEEDINGS; THURSDAY, JULY 9, 2009 THE COURT: PSYSTAR, 08-3251. ALL RIGHT. WE'LL GO TO APPLE VERSUS MR. GILLILAND: GOOD MORNING, YOUR HONOR. JIM GILLILAND AND MEHRNAZ BOROUMAND SMITH FOR PLAINTIFF APPLE. THE COURT: HOW ARE YOU TODAY? GLAD TO BE BACK, YOUR HONOR. CHRISTOPHER MR. GILLILAND: MR. GREWE: GOOD MORNING, YOUR HONOR. GREWE FROM CARR & FERRELL, LLP. THE COURT: MR. GREWE: THE COURT: MR. GREWE: WHAT'S THE LAST NAME? GREWE, G-R-E-W-E. HOW ARE YOU TODAY? GOOD. WE ARE HERE ON BEHALF OF PSYSTAR, THEY IN A LIMITED CAPACITY FOR THE FIRM OF CAMARA & SIBLEY. WILL BE SUBSTITUTING IN, HOPEFULLY, NEXT WEEK. THE COURT: I THOUGHT THEY HAD COUNSEL IN THIS CASE. WHO WAS THE COUNSEL BEFORE? MR. GREWE: WE ARE CURRENTLY COUNSEL OF RECORD. WE WERE THE COUNSEL BEFORE. CAMARA & SIBLEY WILL BE SUBSTITUTING IN, AND WE WILL BE WITHDRAWING, HOPEFULLY, WITHIN THE NEXT WEEK. THE COURT: WELL, I WON'T SAY NO OR YES TO THAT. I GUESS AT THIS STAGE IT'S PROBABLY OKAY. I HAVE TO SEE IF IT'S WHY WEREN'T THEY ACCOMPANIED BY A REQUEST TO DELAY THE CASE. HERE SO THEY COULD DEAL WITH THE DATES I'M ABOUT TO GIVE YOU? 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 AUGUST 21. MR. GREWE: I BELIEVE, YOUR HONOR, THAT COUNSEL THAT'S SUBSTITUTING IN, CAMARA & SIBLEY, HAS BEEN IN DISCUSSIONS WITH OPPOSING COUNSEL REGARDING ALL OF THESE DATES AND IS AGREEABLE TO THESE DATES AS WELL. THE COURT: WELL, I DON'T REMEMBER. I WAS GOING TO GIVE YOU A JANUARY 11TH TRIAL. MR. GILLILAND: IS THAT WHAT YOU WANTED? I DID SPEAK WITH YES, YOUR HONOR. MR. CAMARA ABOUT THESE DATES. HE HAD ACTUALLY ASKED FOR A LATER TRIAL DATE, BECAUSE THEY WERE SUBSTITUTING IN AS COUNSEL, BUT WE COMPROMISED ON THIS JANUARY 11TH DATE. THE BANKRUPTCY THAT PSYSTAR FILED, BASICALLY -- IT WAS FILED ON MAY 21ST. WE GOT THE STAY LIFTED JUNE 19TH. SO ESSENTIALLY THE CASE HAS BEEN DELAYED FOR TWO MONTHS AS A RESULT OF PSYSTAR'S FILING. THEY'VE NOW ANNOUNCED THEY ARE GOING TO SO THE TRIAL DATE DISMISS THEIR BANKRUPTCY PETITION IN FLORIDA. WE PROPOSED HERE IS ESSENTIALLY TWO MONTHS LATER THAN THE DATE THAT HAD BEEN PREVIOUSLY SET. THE COURT: ALL RIGHT. LET ME GO THROUGH THIS. ALL YOUR INITIAL DISCLOSURES SHOULD HAVE ALREADY BEEN DONE. MR. GILLILAND: THE COURT: IT'S ALL DONE. RIGHT? SO THE FACT DISCOVERY CUTOFF WILL NOW BE IS THAT WHAT YOU WANT? THAT'S LIKE A MONTH AWAY. MR. GILLILAND: YES. WE HAVE A LOT OF WORK TO DO, BUT WE WANT TO HOLD THIS TRIAL DATE. MR. GREWE: YES, THAT IS MY UNDERSTANDING. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE? THE COURT: ALL RIGHT. LAST DATE LAST DATE TO DESIGNATE EXPERTS, AUGUST 21. TO FILE SUMMARY JUDGMENT, OCTOBER 15. CONFERENCE, DECEMBER 14TH. FINAL PRETRIAL AND THEN -- I THINK YOU WANTED TO HAVE THE FINAL PRETRIAL CONFERENCE LIKE DECEMBER 27TH. MR. GILLILAND: I WILL SAY THAT'S WHAT I WANTED. IT'S NOT WHAT MY WIFE WANTED. THE COURT: I'M GOING TO MOVE THAT TO DECEMBER 14TH. THANK YOU. MR. GILLILAND: THE COURT: JURY TRIAL ON JANUARY 11TH. WHAT WAS OUR ADR? WHAT I FORGOT WHAT OUR ADR WAS. DID I GIVE YOU BEFORE ON THAT? MR. GILLILAND: PRIVATE MEDIATION. WE HAVE BEEN PROCEEDING THROUGH IT'S ALREADY OCCURRED, YOUR HONOR. IT'S ALREADY OCCURRED? YES. THE COURT: MR. GILLILAND: THE COURT: WHY DON'T I SEND YOU TO A MAGISTRATE MR. GILLILAND: THE COURT: MAGISTRATE JUDGE. WE WOULD BE DELIGHTED TO DO THAT. WELL, THEY ARE -- I'LL REFER TO A WHAT KIND OF CASE IS THIS? MR. GILLILAND: YOUR HONOR. THE COURT: IS THIS A COMPUTER CASE? IT'S A COMPUTER COPYRIGHT CASE, YES, BERNARD ZIMMERMAN. OKAY. SO HOW'S THAT 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 SCHEDULE SOUND FOR YOU? MR. GILLILAND: THE ONLY THING I'M TRYING TO VERIFY HERE, YOUR HONOR, IS TO MAKE SURE THERE WILL BE SUFFICIENT TIME FOR THE COURT TO HEAR AND RESOLVE ANY SUMMARY JUDGMENT MOTIONS BEFORE THE PRETRIAL CONFERENCE. WORKED THAT OUT YOURSELF. THE COURT: I DID WORK IT OUT. SOMETIMES I GET TOO IT SOUNDS LIKE YOU'VE ALREADY BUSY TO GET THE ORDERS OUT PROMPTLY, BUT IF YOU MAKE YOUR MOTION ON OCTOBER 15TH, THEN WE WILL HAVE A HEARING ON THE 19TH. MR. GILLILAND: HONOR. THE COURT: SO PROBABLY BY THE FIRST WEEK IN NINETEENTH OF NOVEMBER? YES, YOUR DECEMBER -- WHAT THAT MEANS IS YOU'LL STILL BE -- YOU'LL BE COMPLAINING, SAYING, WE DON'T KNOW WHAT THE ANSWER IS ON SUMMARY JUDGMENT, WE'VE GOT TO DO OUR MOTIONS IN LIMINE. MR. GILLILAND: THE COURT: YOU WANTED. RIGHT. MR. GILLILAND: THE COURT: I PROMISE NOT TO COMPLAIN. YES. YOU KNOW, THIS IS THE DATE ALL I'M SORRY. I AM TRYING MY BEST TO SQUEEZE IT ALL IN. YOU KNOW, YOUR -- MOTIONS IN LIMINE ARE MOST OF THEM SHOULDN'T BE GRANTED BUT YOU CAN MAKE A FEW, YOU KNOW, GROSSLY OVERDONE ANYWAY. UNTIL THE TRIAL IS UNDERWAY. KEY ONES THAT YOU KNOW WON'T BE AFFECTED BY THE SUMMARY JUDGMENT. 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. GILLILAND: SO THE FINAL PRE-TRIAL STATEMENT WILL ASSUME ALL ISSUES ARE IN THE CASE, AND THEN PERHAPS SOME WILL BE ELIMINATED? THE COURT: I GUESS IT SHOULD. THAT'S THE ONLY PRACTICAL WAY TO PROCEED. MR. GILLILAND: THE COURT: THAT'S FINE. YOU KNOW, IF I WERE TO BACK UP SOME OF CAN WE THESE DATES, I GUESS IT WOULD GIVE US MORE TIME. PRACTICALLY DO THAT WITH AN AUGUST 21 DISCOVERY CUTOFF? MR. GILLILAND: THE COURT: I DON'T THINK SO. I THINK, GIVEN THESE CONSTRAINTS YOU SEE, IF I BACKED UP THAT DATE -WE'LL BACK IT UP TO THE 8TH WANT, IT'S GOING TO BE HARD. WHY DON'T WE BACK IT UP ONE WEEK? OF OCTOBER. PRESSURE. MAYBE THAT WILL RELIEVE A LITTLE BIT OF THAT THAT PUTS MORE PRESSURE ON YOU IN THE EXPERT PERIOD. MR. GILLILAND: I'D RATHER DO IT THEN, HAVE THE PRESSURE THEN. THE COURT: FILE SUMMARY JUDGMENT. MR. GILLILAND: MR. GREWE: THE COURT: PROBABLY OUT TODAY. BANKRUPTCY. MR. GILLILAND: THANK YOU VERY MUCH, YOUR HONOR. GREAT. ALL RIGHT. WE'LL MAKE IT OCTOBER 8TH TO WE HAVE NO OBJECTIONS. THEN I WILL TYPE THIS UP. IT WILL BE WE'LL GET GOING, GET BACK ON TRACK AFTER 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. BOROUMAND SMITH: MR. GREWE: THANK YOU, YOUR HONOR. THANK YOU, YOUR HONOR. (PROCEEDINGS ADJOURNED.) CERTIFICATE OF REPORTER I, JOAN MARIE COLUMBINI, OFFICIAL REPORTER FOR THE UNITED STATES COURT, NORTHERN DISTRICT OF CALIFORNIA, HEREBY CERTIFY THAT THE FOREGOING PROCEEDINGS IN 08-3251, APPLE V. PSYSTAR, WERE REPORTED BY ME, A CERTIFIED SHORTHAND REPORTER, AND WERE THEREAFTER TRANSCRIBED UNDER MY DIRECTION INTO TYPEWRITING; THAT THE FOREGOING IS A FULL, COMPLETE AND TRUE RECORD OF SAID PROCEEDINGS AS BOUND BY ME AT THE TIME OF FILING. THE VALIDITY OF THE REPORTER'S CERTIFICATION OF SAID TRANSCRIPT MAY BE VOID UPON DISASSEMBLY AND/OR REMOVAL FROM THE COURT FILE. S/B JOAN MARIE COLUMBINI ________________________________________ JOAN MARIE COLUMBINI, CSR 5435, RPR TUESDAY, FEBRUARY 16, 2010

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