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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?