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

Filing 1205

STIPULATION WITH PROPOSED ORDER Joint Stipulation and [Proposed] Order Regarding Authenticity of Documents filed by Apple Inc.. (Hung, Richard) (Filed on 7/10/2012)

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1 2 3 4 5 6 7 8 9 10 11 HAROLD J. MCELHINNY (CA SBN 66781) hmcelhinny@mofo.com MICHAEL A. JACOBS (CA SBN 111664) mjacobs@mofo.com JENNIFER LEE TAYLOR (CA SBN 161368) jtaylor@mofo.com ALISON M. TUCHER (CA SBN 171363) atucher@mofo.com RICHARD S.J. HUNG (CA SBN 197425) rhung@mofo.com JASON R. BARTLETT (CA SBN 214530) jasonbartlett@mofo.com MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: (415) 268-7000 Facsimile: (415) 268-7522 Attorneys for Plaintiff and Counterclaim-Defendant APPLE INC. 12 13 QUINN EMANUEL URQUHART & SULLIVAN, LLP Charles K. Verhoeven (Cal. Bar No. 170151) 50 California Street, 22nd Floor San Francisco, California 94111 Telephone: (415) 875-6600 Facsimile: (415) 875-6700 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: (650) 801-5000 Facsimile: (650) 801-5100 Michael T. Zeller (Cal. Bar No. 196417) 865 S. Figueroa St., 10th Floor Los Angeles, California 90017 Telephone: (213) 443-3000 Facsimile: (213) 443-3100 Attorneys for SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC. and SAMSUNG TELECOMMUNICATIONS AMERICA, LLC 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 SAN JOSE DIVISION 17 18 APPLE INC., a California corporation, Plaintiff, 19 20 21 22 23 24 v. 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, Defendants. 25 26 27 28 JOINT STIPULATION AND [PROPOSED] ORDER RE: AUTHENTICITY CASE NO. 11-CV-01846-LHK sf-3095732 Case No. 11-cv-01846-LHK JOINT STIPULATION AND [PROPOSED] ORDER REGARDING AUTHENTICITY OF DOCUMENTS 1 WHEREAS, Apple Inc. (“Apple”) commenced the above-captioned action (the 2 “Litigation”) against Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and 3 Samsung Telecommunications America, LLC (collectively “Samsung,” and together with Apple, 4 “the Parties” and individually each a “Party”) on April 15, 2011; 5 WHEREAS, Samsung subsequently filed counterclaims against Apple; 6 WHEREAS, the Parties subsequently have produced thousands of pages of documents in 7 8 9 connection with discovery in the Litigation; WHEREAS, the Parties are also involved in proceedings before the United States International Trade Commission in a pair of cases entitled In the Matter of Certain Electronic 10 Devices, Including Wireless Communication Devices, Portable Music and Data Processing 11 Devices, and Tablet Computers (Inv. No. 337-TA-794), and In the Matter of Certain Electronic 12 Digital Media Devices and Components Thereof (Inv. No. 337-TA-796) (collectively, the 13 “Proceedings”); 14 15 WHEREAS, the Parties have produced numerous documents in connection with discovery in the Proceedings that may also be useful in this Litigation; and 16 WHEREAS, the Parties have determined that it is in their mutual interest to avoid the 17 significant and unnecessary burden and expense associated with the document-by-document 18 authentication of documents, and that stipulating to the authenticity of certain documents will 19 promote the orderly and efficient progress of the Litigation. 20 21 22 NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the Parties as follows: 1. Subject to the exceptions stated below, and absent affirmative evidence that a 23 document or thing is not what it purports to be, Apple agrees that, for purposes of Rule 901 of the 24 Federal Rules of Evidence, Apple will not contest the authenticity of any document or thing, 25 including any true and correct copy thereof, produced by Apple in connection with the Litigation 26 or Proceedings. 27 2. 28 Subject to the exceptions stated below, and absent affirmative evidence that a document or thing is not what it purports to be, Samsung agrees that, for purposes of Rule 901 of JOINT STIPULATION AND [PROPOSED] ORDER RE: AUTHENTICITY CASE NO. 11-CV-01846-LHK sf- 3095732 1 1 the Federal Rules of Evidence, Samsung will not contest the authenticity of any document or 2 thing, including any true and correct copy thereof, produced by Samsung in connection with the 3 Litigation or Proceedings. 4 3. The Parties’ agreements in paragraphs 1 and 2 of this stipulation do not apply to 5 handwritten notes, except to the extent such handwritten notes are contained in sketch books or 6 lab notebooks. If a document or thing produced by a Party also bears handwritten notes, the 7 Parties’ agreements do not apply to the handwritten notes portion of the document, but do apply 8 to the remainder of the document or thing. The Parties agree that, at a mutually agreed upon time 9 prior to trial, each Party may identify to the other Party a reasonable amount of documents and 10 things containing handwritten notes as to which that Party wishes a stipulation of authenticity. 11 The other Party agrees to give good faith consideration to a reasonable request pertaining to 12 handwritten notes. 13 4. The Parties agree that, at a mutually agreed upon time prior to trial, each Party 14 may identify to the other Party a reasonable amount of third-party documents and things as to 15 which that Party wishes a stipulation of authenticity. The other Party agrees to give good faith 16 consideration to a reasonable request pertaining to third-party documents and things. 17 5. Except to the extent authenticity is established by and within the scope of the 18 express terms of this stipulation, this stipulation does not affect either (1) Apple’s ability to 19 contest the authenticity of any document or thing produced by Samsung, or (2) Samsung’s ability 20 to contest the authenticity of any document or thing produced by Apple. 21 6. In the event that a dispute arises regarding the authenticity of a document, the 22 Parties agree to meet and confer in good faith promptly about the authenticity of such 23 document(s) and, if necessary, to expedite any related motions for resolution by the Court. 24 7. Nothing in this stipulation shall be construed as an agreement that any documents 25 or things that are subject to this stipulation are admissible into evidence by any Party, except as 26 expressly addressed herein. The Parties hereby expressly reserve the right to object to the 27 admissibility of any document or thing under any grounds permitted by law and not expressly 28 addressed herein. JOINT STIPULATION AND [PROPOSED] ORDER RE: AUTHENTICITY CASE NO. 11-CV-01846-LHK sf- 3095732 2 1 2 Dated: July 10, 2012 3 MORRISON & FOERSTER LLP QUINN EMANUEL URQUHART & SULLIVAN, LLP By: /s/ Richard S.J. Hung HAROLD J. McELHINNY MICHAEL A. JACOBS JENNIFER LEE TAYLOR ALISON M. TUCHER RICHARD S.J. HUNG JASON R. BARTLETT By: /s/ Victoria F. Maroulis CHARLES K. VERHOEVEN KEVIN P.B. JOHNSON VICTORIA F. MAROULIS EDWARD DEFRANCO MICHAEL T. ZELLER 4 5 6 7 8 9 10 11 Attorneys for Plaintiff APPLE INC. Attorneys for SAMSUNG ELECTRONICS CO. LTD, SAMSUNG ELECTRONICS AMERICA, INC., AND SAMSUNG TELECOMMUNICATIONS AMERICA, LLC. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION AND [PROPOSED] ORDER RE: AUTHENTICITY CASE NO. 11-CV-01846-LHK sf- 3095732 3 1 2 ATTESTATION I, Richard S.J. Hung, am the ECF User whose ID and password are being used to file this 3 Joint Stipulation. In compliance with General Order 45, X.B., I hereby attest that Victoria F. 4 Maroulis has concurred in this filing. 5 6 7 Dated: July 10, 2012 /s/ Richard S.J. Hung Richard S.J. Hung 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION AND [PROPOSED] ORDER RE: AUTHENTICITY CASE NO. 11-CV-01846-LHK sf- 3095732 4 1 [PROPOSED] ORDER 2 Pursuant to the above stipulation, 3 IT IS SO ORDERED. 4 5 Dated: ___________________, 2012 6 Honorable Lucy H. Koh District Court Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIPULATION AND [PROPOSED] ORDER RE: AUTHENTICITY CASE NO. 11-CV-01846-LHK sf- 3095732 5

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