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

Filing 1197

CASE MANAGEMENT ORDER: Signed by Judge Lucy H. Koh on 7/9/12. (mpb, COURT STAFF) (Filed on 7/9/2012)

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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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United States District Court
For the Northern District of California

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)
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Plaintiff,
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v.
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SAMSUNG ELECTRONICS CO., LTD., A
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Korean business entity; SAMSUNG
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ELECTRONICS AMERICA, INC., a New York )
corporation; SAMSUNG
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TELECOMMUNICATIONS AMERICA, LLC, )
a Delaware limited liability company,
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Defendants.
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Case No.: 11-CV-01846-LHK
MINUTE ORDER AND CASE
MANAGEMENT ORDER

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Clerk: Martha Parker Brown
Reporter: Lee-Anne Shortridge
Length of hearing: 1hr 37 min

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Plaintiff Attorneys: Harold McElhinny, Michael Jacobs, Mark Selwyn, and William Lee
Defense Attorneys: John Quinn, Victoria Maroulis, Kevin Johnson, Michael Zeller, and Carl
Anderson.

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A case management conference was held on June 29, 2012. A pre-trial conference is set for
July 18, 2012 at 2:00 p.m. At the case management conference on June 29, 2012, the following
rulings were made orally:

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TRIAL CLAIMS: The parties were ordered to file a statement, by July 3, 2012, further narrowing
the claims they intend to assert at trial.
CLAIM CONSTRUCTION: The parties indicated that several additional claim terms would need
to be construed prior to trial, including “electronic document,” “structured electronic document,”
and “invoke.” The Court set the matter for hearing at the Final Pretrial Conference on July 18,
2012. The parties were ordered to adhere to the following briefing schedule:
Opening Brief of 10 pages due by July 5, 2012
Responsive Brief of 10 pages due by July 10, 2012

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OBJECTIONS TO DEPOSITION DESIGNATIONS AND EXHIBITS: The parties were ordered
to file objections to deposition designations, and objections to exhibits, 48 hours in advance. The
Court will rule upon these objections within 24 hours in advance of the use of the deposition
designations and exhibits at trial.
MOTIONS IN LIMINE AND JURY INSTRUCTIONS: Each party was ordered to provide for the
Court four binders (4 copies of the same binder) containing that party’s motions in limine as well
as the oppositions to the motions in limine. The parties shall also provide for the Court four
binders (four copies) containing stipulated jury instructions as well as disputed jury instructions.

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JURY QUESTIONNAIRES: The parties were ordered to file a joint stipulated jury questionnaire
by July 3, 2012. The Court indicated that 11 jurors would be seated. This oral order was
Case No.: 11-CV-01846-LHK
MINUTE ORDER AND CASE MANAGEMENT ORDER

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superceded by the Court’s written order on July 2, 2012, which indicated that only 9 jurors would
be seated. See ECF No. 1169.

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JURY BOOKS: The parties were ordered to prepare joint stipulated jury books by Friday, July 27,
2012. These jury books are to include preliminary jury instructions; patents; photographs of
witnesses that depict the witnesses as they will appear at trial; a tab for the final jury instructions;
and blank, lined paper for jury notes.
LIMITS ON EXHIBITS: The 125 exhibit limit includes all exhibits each party intends to use at
trial, regardless of whether the exhibit is intended to be used for the party’s affirmative or
defensive case. Additionally, the parties agree to joint stipulated exhibits, such as accused devices
and file histories, that shall not exceed 60 exhibits total. The joint stipulated exhibits are separate
from, and do not count against the 125 exhibit limit imposed on each party.
PRE-TRIAL CONFERENCES: The July 18, 2012 Pretrial Conference shall address the parties’
motions in limine, as well as claim construction issues. The Court also set a second pretrial
conference for July 24, 2012 at 1:30 p.m. to address the jury instructions and the verdict form.
The following pretrial schedule was set:

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United States District Court
For the Northern District of California

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July 5, 2012

File joint pretrial statement and exchange copies of all exhibits,
summaries, charts, and diagrams to be used at trial other than
solely for impeachment or rebuttal, as well as list of witnesses
to be called at trial other than solely for impeachment or
rebuttal.

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July 5, 2012
July 10, 2012

File motions in limine
File oppositions to motions in limine

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July 11, 2012

File voir dire questions and proposed verdict forms.
The parties shall also file the joint disputed and undisputed jury
instructions.
The parties shall exchange actual exhibits on this day.
File objections to the use of a deposition, exhibit, or
admissibility of materials identified under Rule 26(a)(3)
disclosures
File excerpts of deposition testimony or other discovery to be
offered at trial other than solely for impeachment or rebuttal
Final Pretrial Conference (Motions in Limine and Claim
Construction)
File and serve objections and counterdesignations of deposition
testimony
Final Pretrial Conference (Jury Instructions and Verdict Form)

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July 13, 2012

July 16, 2012

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July 18, 2012 at 2:00 p.m.
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July 20, 2012
July 24, 2012 at 1:30 p.m.

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July 27, 2012

File and serve objections to counterdesignations of deposition
testimony
Deliver Jury Books to the Court

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July 30, 2012 at 9:00 a.m.

Jury Trial

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July 25, 2012

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Case No.: 11-CV-01846-LHK
MINUTE ORDER AND CASE MANAGEMENT ORDER

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IT IS SO ORDERED.
Dated: July 9, 2012

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_________________________________
LUCY H. KOH
United States District Judge

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United States District Court
For the Northern District of California

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Case No.: 11-CV-01846-LHK
MINUTE ORDER AND CASE MANAGEMENT ORDER