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

Filing 1155

JOINT STIPULATION and REQUEST FOR CLARIFICATION and PROPOSED ORDER Regarding Pre-Trial Disclosures filed by Apple Inc.(a California corporation). (Jacobs, Michael) (Filed on 6/28/2012) Modified text on 6/28/2012 (dhm, COURT STAFF).

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HAROLD J. MCELHINNY (CA SBN 66781)
[e-mail]
MICHAEL A. JACOBS (CA SBN 111664)
[e-mail]
JENNIFER LEE TAYLOR (CA SBN 161368)
[e-mail]
ALISON M. TUCHER (CA SBN 171363)
[e-mail]
RICHARD S.J. HUNG (CA SBN 197425)
[e-mail]
JASON R. BARTLETT (CA SBN 214530)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff and
Counterclaim-Defendant APPLE INC.

QUINN EMANUEL URQUHART &
SULLIVAN, LLP
Charles K. Verhoeven (Cal. Bar No. 170151)
50 California Street, 22nd Floor
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
Kevin P.B. Johnson (Cal. Bar No. 177129)
Victoria F. Maroulis (Cal. Bar No. 202603)
555 Twin Dolphin Drive 5th Floor
Redwood Shores, California 94065
Telephone: [phone]
Facsimile: [phone]
Michael T. Zeller (Cal. Bar No. 196417)
865 S. Figueroa St., 10th Floor
Los Angeles, California 90017
Telephone: [phone]
Facsimile: [phone]
Attorneys for SAMSUNG ELECTRONICS
CO., LTD., SAMSUNG ELECTRONICS
AMERICA, INC. and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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APPLE INC., a California corporation,

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Plaintiff,
v.

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SAMSUNG ELECTRONICS CO., LTD., a
Korean corporation; SAMSUNG ELECTRONICS
AMERICA, INC., a New York corporation; and
SAMSUNG TELECOMMUNICATIONS
AMERICA, LLC, a Delaware limited liability
company,

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Case No. 11-cv-01846-LHK (PSG)
JOINT STIPULATION AND
REQUEST FOR
CLARIFICATION AND
[PROPOSED] ORDER
REGARDING PRE-TRIAL
DISCLOSURES

Defendants.

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JOINT STIPULATION AND REQUEST FOR CLARIFICATION REGARDING PRE-TRIAL DISCLOSURES
CASE NO. 11-01846 LHK (PSG)

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WHEREAS, the Court’s May 2, 2012 Case Management Order provides that the parties

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shall file their Rule 26(a)(3) pretrial disclosures on June 29, 2012. (Dkt. No. 901.) Rule

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26(a)(3)(A)(ii) provides that the parties shall disclose “the designation of those witnesses whose

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testimony the party expects to present by deposition….”

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WHEREAS, the May 2, 2012 Case Management Order further provides that July 13, 2012

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is the “[l]ast day to file objections to the use of a deposition,” and July 16, 2012 is the “[l]ast day

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to file excerpts of deposition testimony or other discovery to be offered at trial other than solely

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for impeachment or rebuttal.” (Dkt. No. 901.)

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WHEREAS, the Court also has a Standing Jury Pretrial Order that provides for the timing

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of deposition designations and objections/counterdesignations as follows: “Unless otherwise

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ordered, at least 14 days before the commencement of trial [here, July 16, 2012], the parties shall

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file and serve any excerpts of deposition testimony or other discovery to be offered at trial, other

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than solely for impeachment or rebuttal. (A hard copy of the designated deposition testimony with

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page and line references, or the interrogatory response or admission shall be provided.) Any

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objections to the use of designated excerpts and any counterdesignations of deposition testimony

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shall be filed and served at least 10 days prior to the commencement of trial.” (emphasis added);

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WHEREAS, the Parties desire to resolve questions arising from these and other portions

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of the May 2, 2012 Case Management Order and Standing Jury Pretrial Order;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the Parties, for
the purpose of clarifying the timing of pre-trial disclosures and filings, as follows:
1.

The Parties shall file and serve any excerpts of deposition testimony, other than

solely for impeachment or rebuttal, on July 16, 2012.
2.

The Parties shall file and serve objections to the use of designated excerpts and

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any counterdesignations of deposition testimony on July 20, 2012. The parties shall file and serve

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objections to counterdesignations on July 25, 2012.

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3.

Rule 26(a)(3) pretrial disclosures shall be exchanged by the parties on June 29,

2012 and filed in connection with the joint pretrial statement on July 3, 2012.
4.

The parties disagree about the meaning of the Court’s instruction to include in the

JOINT STIPULATION AND REQUEST FOR CLARIFICATION REGARDING PRE-TRIAL DISCLOSURES
CASE NO. 11-01846 LHK (PSG)
sf-3164701

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July 3, 2012 exhibit list 125 exhibits to be used other than solely for “impeachment or rebuttal.”

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a.

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any evidence that they reasonably anticipate introducing at trial. The lists would

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include, for example, any evidence on which the Parties reasonably anticipate

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relying in opposing claims of infringement or in opposing claims of invalidity such

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as, for example, secondary indicia of non-obviousness.

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b.

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that they intend to introduce in connection with their case-in-chief.

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infringement or secondary indicia documents, for example, would be excluded

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Samsung’s understanding is that the Parties should include only exhibits
Non-

from the list.

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Apple’s understanding is that the Parties are required to include on the list

For the avoidance of doubt, the Parties request that the Court clarify its instruction.
5.

The Parties request that they be allowed to mark a reasonable number of

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undisputed “Joint” exhibits, including the patents and trade dress registrations in suit, prosecution

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histories, and other documents and things central to the dispute. The Parties request that such

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joint exhibits not count against the numerical limit that applies to Party-designated exhibits.

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6.

The Parties understand that the May 2, 2012 Minute Order and Case Management

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Order, page 2 lines 6-7 requiring disclosure of “exhibits, summaries, charts, and diagrams” does

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not apply to demonstrative exhibits not to be entered into evidence. The Parties agree that certain

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demonstrative exhibits not to be entered into evidence must be exchanged before they are used in

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Court. The Parties shall establish a deadline for exchange of such demonstrative exhibits in a

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subsequent stipulation or, if necessary, request that the Court set a deadline.

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7.

No other dates or deadlines shall be modified by this stipulation and order.

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JOINT STIPULATION AND REQUEST FOR CLARIFICATION REGARDING PRE-TRIAL DISCLOSURES
CASE NO. 11-01846 LHK (PSG)
sf-3164701

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Dated: June 28, 2012

Dated: June 28, 2012

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/s/ Michael A. Jacobs
Harold J. McElhinny
Michael A. Jacobs
Richard S.J. Hung
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]

/s/ Kevin P. Johnson________
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
Charles K. Verhoeven (Cal. Bar No. 170151)
[e-mail]
50 California Street, 22nd Floor
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]

William F. Lee
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, Massachusetts 02109
Telephone: [phone]
Facsimile: [phone]

Kevin P.B. Johnson (Cal. Bar No. 177129)
[e-mail]
Victoria F. Maroulis (Cal. Bar No. 202603)
[e-mail]
555 Twin Dolphin Drive 5th Floor
Redwood Shores, California 94065
Telephone: [phone]
Facsimile: [phone]

Mark D. Selwyn
WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]

Michael T. Zeller (Cal. Bar No. 196417)
[e-mail]
865 S. Figueroa St., 10th Floor
Los Angeles, California 90017
Telephone: [phone]
Facsimile: [phone]

Counsel for Plaintiff and CounterclaimDefendant Apple Inc.

Counsel for Samsung Electronics Co., Ltd.,
Samsung Electronics America, Inc., and
Samsung Telecommunications America, LLC

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: ___________________, 2012
Honorable Lucy H. Koh
United States District Judge

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JOINT STIPULATION AND REQUEST FOR CLARIFICATION REGARDING PRE-TRIAL DISCLOSURES
CASE NO. 11-01846 LHK (PSG)
sf-3164701

ATTESTATION OF E-FILED SIGNATURE

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I, Michael A. Jacobs, am the ECF User whose ID and password are being used to file this

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Declaration. In compliance with General Order 45, X.B., I hereby attest that Kevin P. Johnson has

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concurred in this filing.

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Dated: June 28, 2012

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/s/ Michael A. Jacobs
Michael A. Jacobs

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JOINT STIPULATION AND REQUEST FOR CLARIFICATION REGARDING PRE-TRIAL DISCLOSURES
CASE NO. 11-01846 LHK (PSG)
sf-3164701