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

Filing 1185

Administrative Motion to File Under Seal filed by Samsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Attachments: #1 Declaration of Hankil Kang in Support of Samsung's Motion to File Documents Under Seal, #2 Proposed Order Granting Samsung's Motion to File Documents Under Seal, #3 Samsung's Motions in Limine, #4 Declaration of John D'Amato, #5 Exhibit A to the D'Amato Declaration, #6 Exhibit B to the D'Amato Declaration, #7 Exhibit C to the D'Amato Declaration, #8 Exhibit D to the D'Amato Declaration, #9 Exhibit E to the D'Amato Declaration, #10 Exhibit F to the D'Amato Declaration, #11 Exhibit G to the D'Amato Declaration, #12 Exhibit H to the D'Amato Declaration, #13 Exhibit I to the D'Amato Declaration, #14 Exhibit J to the D'Amato Declaration, #15 Exhibit K to the D'Amato Declaration, #16 Exhibit L to the D'Amato Declaration, #17 Exhibit M to the D'Amato Declaration, #18 Exhibit N to the D'Amato Declaration, #19 Exhibit O to the D'Amato Declaration, #20 Exhibit P to the D'Amato Declaration, #21 Exhibit Q to the D'Amato Declaration, #22 Exhibit R to the D'Amato Declaration, #23 Exhibit S to the D'Amato Declaration, #24 Exhibit T to the D'Amato Declaration, #25 Exhibit U to the D'Amato Declaration, #26 Exhibit V to the D'Amato Declaration, #27 Exhibit W to the D'Amato Declaration, #28 Exhibit X to the D'Amato Declaration, #29 Exhibit Y to the D'Amato Declaration, #30 Proposed Order Granting Samsung's Motions in Limine)(Maroulis, Victoria) (Filed on 7/5/2012)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION
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APPLE INC., a California corporation,

CASE NO. 11-cv-01846-LHK-PSG

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Plaintiff,
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[PROPOSED] ORDERS GRANTING
SAMSUNG'S MOTIONS IN LIMINE

vs.
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SAMSUNG ELECTRONICS CO., LTD., a
15 Korean business entity; SAMSUNG
ELECTRONICS AMERICA, INC., a New
16 York corporation; SAMSUNG
TELECOMMUNICATIONS AMERICA,
17 LLC, a Delaware limited liability company,
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Date: July 18, 2012
Time: 2:00 pm
Place: Courtroom 8, 4th Floor
Judge: Hon. Lucy H. Koh

Defendants.

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Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung
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Telecommunications America, LLC (collectively, “Samsung”) filed Motions in Limine, which
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came on for hearing on July 18, 2012, in Courtroom 8 of the above-captioned Court, the
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Honorable Lucy H. Koh presiding.
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The Court, having read and considered the papers filed in support and in opposition to the
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motions, and good cause appearing therefor, makes the following orders:
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Case No. 11-cv-01846-LHK (PSG)
[PROPOSED] ORDERS

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Samsung's Motion In Limine No. 1

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The Court GRANTS Samsung's Motion in Limine No. 1 to Exclude Evidence Or

6 Argument Not Tied To The Specific IP Rights Claimed By Apple In This Action. Plaintiff
7 Apple, Inc., its counsel and witnesses shall be precluded from presenting evidence, engaging in
8 argument or making reference before the jury of the commercial success, popularity or other
9 comments relating to Apple products or features unless such references specifically refer to the
10 claim elements of the intellectual property rights alleged by Apple to be infringed.
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IT IS SO ORDERED.

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IT IS FURTHER ORDERED that this order shall be in effect from the commencement

13 of voir dire to the rendering of a verdict, and shall be in effect at all times when any juror or jurors
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16 DATED:

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Hon. Lucy H. Koh
United States District Judge

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Case No. 11-cv-01846-LHK (PSG)
[PROPOSED] ORDERS

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Samsung's Motion In Limine No. 2

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The Court GRANTS Samsung's Motion in Limine No. 2 To Exclude Out-Of-Court Third

3 Party Statements About Purported Similarities Or Purported Confusion.

Plaintiff Apple, Inc., its

4 counsel and witnesses shall be precluded from presenting evidence, engaging in argument or
5 making reference before the jury of out-of-court, third party statements that reflect confusion
6 between Apple and Samsung products or opinions regarding the similarity between Apple and
7 Samsung products, including but not limited to the documents referenced in Samsung’s Motion in
8 Limine No. 2.
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IT IS SO ORDERED.
IT IS FURTHER ORDERED that this order shall be in effect from the commencement

11 of voir dire to the rendering of a verdict, and shall be in effect at all times when any juror or jurors
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14 DATED:

____________, 2012

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Hon. Lucy H. Koh
United States District Judge

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Case No. 11-cv-01846-LHK (PSG)
[PROPOSED] ORDERS

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Samsung's Motion In Limine No. 3

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The Court GRANTS Samsung's Motion In Limine No. 3 To Exclude Accused Devices,

3 Contentions, Theories, And Witnesses Not Timely Disclosed In Infringement Contentions Or
4 Interrogatory Responses.

Plaintiff Apple, Inc., its counsel and witnesses shall be precluded from

5 presenting evidence, engaging in argument or making reference before the jury of the Galaxy S II
6 products (the Epic 4G Touch, i9100, Skyrocket, T-Mobile version, AT&T version, etc.) as well as
7 the other products contentions, theories and witnesses including those described in Samsung’s
8 Motion In Limine No. 3.
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IT IS SO ORDERED.
IT IS FURTHER ORDERED that this order shall be in effect from the commencement

11 of voir dire to the rendering of a verdict, and shall be in effect at all times when any juror or jurors
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14 DATED:

____________, 2012

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Hon. Lucy H. Koh
United States District Judge

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Case No. 11-cv-01846-LHK (PSG)
[PROPOSED] ORDERS

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Samsung's Motion In Limine No. 4

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The Court GRANTS Samsung's Motion In Limine No. 4 To Exclude References To

3 Findings Or Rulings In Other Proceedings Not Involving The Patents At Issue In This Case.
4 Plaintiff Apple, Inc., its counsel and witnesses shall be precluded from presenting evidence,
5 engaging in argument or making reference before the jury of any findings or rulings from other
6 proceedings, including foreign litigation and investigations before the ITC.
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IT IS SO ORDERED.

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IT IS FURTHER ORDERED that this order shall be in effect from the commencement

9 of voir dire to the rendering of a verdict, and shall be in effect at all times when any juror or jurors
10 are in the courtroom.
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12 DATED:

____________, 2012

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Hon. Lucy H. Koh
United States District Judge

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Case No. 11-cv-01846-LHK (PSG)
[PROPOSED] ORDERS

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Samsung's Motion In Limine No. 5

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The Court GRANTS Samsung's Motion In Limine No. 5 To Exclude Disputes And Rulings

3 In This Action, Including Discovery Disputes And The Preliminary Injunction Ruling. Plaintiff
4 Apple, Inc., its counsel and witnesses shall be precluded from presenting evidence, engaging in
5 argument or making reference before the jury of any discovery disputes, motions or orders on such
6 motions, or to the Court’s rulings on Apple’s motions for preliminary injunction.
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IT IS SO ORDERED.

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IT IS FURTHER ORDERED that this order shall be in effect from the commencement

9 of voir dire to the rendering of a verdict, and shall be in effect at all times when any juror or jurors
10 are in the courtroom.
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12 DATED:

____________, 2012

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Hon. Lucy H. Koh
United States District Judge

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Case No. 11-cv-01846-LHK (PSG)
[PROPOSED] ORDERS

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Samsung's Motion In Limine No. 6

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The Court GRANTS Samsung's Motion In Limine No. 6 To Exclude Generalizations

3 Regarding The Operation Of Accused Samsung Products. Plaintiff Apple, Inc., its counsel and
4 witnesses shall be precluded from presenting evidence, engaging in argument or making reference
5 before the jury of how any product is representative of any other accused product for purposes of
6 determining infringement.
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IT IS SO ORDERED.

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IT IS FURTHER ORDERED that this order shall be in effect from the commencement

9 of voir dire to the rendering of a verdict, and shall be in effect at all times when any juror or jurors
10 are in the courtroom.
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12 DATED:

____________, 2012

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Hon. Lucy H. Koh
United States District Judge

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Case No. 11-cv-01846-LHK (PSG)
[PROPOSED] ORDERS

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Samsung's Motion In Limine No. 7

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The Court GRANTS Samsung's Motion In Limine No. 7 To Exclude Resized Or Altered

3 Photos Of Samsung's Products In Side-By-Side Product Comparisons. Plaintiff Apple, Inc., its
4 counsel and witnesses shall be precluded from presenting evidence, engaging in argument or
5 making reference before the jury of altered, resized or otherwise manipulated pictures of the
6 accused Samsung products, especially in side-by-side comparisons with Apple products.
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IT IS SO ORDERED.

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IT IS FURTHER ORDERED that this order shall be in effect from the commencement

9 of voir dire to the rendering of a verdict, and shall be in effect at all times when any juror or jurors
10 are in the courtroom.
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12 DATED:

____________, 2012

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Hon. Lucy H. Koh
United States District Judge

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Case No. 11-cv-01846-LHK (PSG)
[PROPOSED] ORDERS

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Samsung's Motion In Limine No. 8

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The Court GRANTS Samsung's Motion In Limine No. 8 To Exclude Opinions Of Terry

3 Musika On Pre-Filing Damages, Unless And Until Apple Makes A Prima Facie Showing Of
4 Entitlement To Such Damages.

Plaintiff Apple, Inc., its counsel and witnesses shall be precluded

5 from presenting evidence, engaging in argument or making reference before the jury of Mr.
6 Musika’s opinions on pre-notice damages unless and until Apple makes a prima facie showing of
7 entitlement to such damages.
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IT IS SO ORDERED.

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IT IS FURTHER ORDERED that this order shall be in effect from the commencement

10 of voir dire to the rendering of a verdict, and shall be in effect at all times when any juror or jurors
11 are in the courtroom.
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13 DATED:

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Hon. Lucy H. Koh
United States District Judge

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Case No. 11-cv-01846-LHK (PSG)
[PROPOSED] ORDERS

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Samsung's Motion In Limine No. 9

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The Court GRANTS Samsung's Motion In Limine No. 9 To Exclude Samsung's Overall

3 Revenues, Profits, Wealth And Value, And Evidence Or Argument That Samsung Has Paid Lower
4 Taxes Than It Should Have.

Plaintiff Apple, Inc., its counsel and witnesses shall be precluded

5 from presenting evidence, engaging in argument or making reference before the jury of (a)
6 Samsung’s overall revenues, profits, wealth or value; (b) any allegation that Samsung has avoided
7 U.S. taxation or paid less U.S. taxes than it should have; or (c) any allegation that STA’s and
8 SEA’s profits should be higher than they actually were.
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IT IS SO ORDERED.
IT IS FURTHER ORDERED that this order shall be in effect from the commencement

11 of voir dire to the rendering of a verdict, and shall be in effect at all times when any juror or jurors
12 are in the courtroom.
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14 DATED:

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Hon. Lucy H. Koh
United States District Judge

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Case No. 11-cv-01846-LHK (PSG)
[PROPOSED] ORDERS

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Samsung's Motion In Limine No. 10

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The Court GRANTS Samsung's Unopposed Motion In Limine No. 10 To Exclude

3 Evidence And Argument That Apple Is Presently Licensed To The Declared Essential Patents-In4 Suit.

Plaintiff Apple, Inc., its counsel and witnesses shall be precluded from presenting evidence,

5 engaging in argument or making reference before the jury of its belief or allegation that Apple is
6 presently licensed to the declared essential patents-in-suit.
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IT IS SO ORDERED.

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IT IS FURTHER ORDERED that this order shall be in effect from the commencement

9 of voir dire to the rendering of a verdict, and shall be in effect at all times when any juror or jurors
10 are in the courtroom.
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12 DATED:

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Hon. Lucy H. Koh
United States District Judge

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Case No. 11-cv-01846-LHK (PSG)
[PROPOSED] ORDERS

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Case No. 11-cv-01846-LHK (PSG)
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