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

Filing 1208

Administrative Motion to File Under Seal Samsung's Oppositions to Apple's Motions in Limine 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 Administrative Motion to File Documents Under Seal, #2 Proposed Order Granting Motion to File Under Seal, #3 Samsung's Oppositions to Apple's Motions in Limine, #4 Proposed Order Granting in Part and Denying in Part Apple's Motions in Limine)(Maroulis, Victoria) (Filed on 7/10/2012) Modified on 7/12/2012 Pursuant to General Order No. 62 attachment #1 Sealed (dhm, COURT STAFF).

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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 IN
PART AND DENYING IN PART APPLE’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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Apple Inc. (“Apple”) has filed Motions in Limine, which came for hearing on July 18,

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2012.
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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, issues the following orders granting in part and denying in part Apple’s Motions in

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

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Apple's Motion In Limine No. 1

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The Court DENIES Apple’s Motion in Limine No. 1 to Exclude Evidence and Argument

3 re: the 035 Model and Pictures of it.
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IT IS SO ORDERED.

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____________, 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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Apple's Motion In Limine No. 2

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The Court DENIES Apple’s Motion in Limine No. 2 to Exclude Evidence and Argument

3 re: Non-Prior Art Apple or Samsung Design Patents.
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IT IS SO ORDERED.

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7 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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Apple's Motion In Limine No. 3

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The Court DENIES Apple’s Motion in Limine No. 3 to Exclude Evidence and Argument

3 re: Claimed Prior Art Devices and Documents.
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IT IS SO ORDERED.

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7 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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Apple's Motion In Limine No. 4

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The Court DENIES Apple’s Motion in Limine No. 4 to Exclude Evidence and Argument

3 re: Partial Views of Design.
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IT IS SO ORDERED.

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7 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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Apple's Motion In Limine No. 5

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The Court GRANTS IN PART Apple's Motion In Limine No. 5 To Exclude Evidence and

3 Argument re: Samsung’s Receipt of Legal Advice Regarding the Patents at Issue in this Case.
4 Samsung, its counsel and witnesses shall be precluded from presenting evidence, engaging in
5 argument or making reference before the jury of advice received from counsel as a basis for non6 infringement.

Neither party is precluded from eliciting testimony about pre-suit discussions

7 between Samsung and Apple regarding the 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

10 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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13 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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Apple's Motion In Limine No. 6

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The Court GRANTS Apple's Motion In Limine No. 6 To Exclude Evidence and Argument

3 re: Rulings on the Validity, Enforceability, or Infringement of any Apple or Samsung Patent by
4 Other Courts or Tribunals.

The parties, their counsel and witnesses shall be precluded from

5 presenting evidence, engaging in argument or making reference before the jury of the rulings
6 made by other courts or tribunals about the validity, enforceability, or infringement of any patent
7 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

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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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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Apple's Motion In Limine No. 7

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The Court DENIES Apple’s Motion in Limine No. 7 to Exclude Evidence and Argument

3 re: Statements Made by Steve Jobs to Walter Isaacson.
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IT IS SO ORDERED.

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7 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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Apple's Motion In Limine No. 8

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The Court DENIES Apple’s Motion in Limine No. 8 to Exclude Evidence and Argument

3 re: Parties’ Corporate Behavior or Financial Circumstances.
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IT IS SO ORDERED.

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7 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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Apple's Motion In Limine No. 9

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The Court DENIES Apple’s Motion in Limine No. 9 to Exclude Evidence and Argument

3 re: Samsung’s Profits Calculated Based on a Tax Agreement with the United States Internal
4 Revenue Service.
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6 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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Apple's Motion In Limine No. 10

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The Court GRANTS Apple's Motion In Limine No. 10 To Exclude Evidence and

3 Argument re: Financial Terms for Apple’s Acquisition of Fingerworks. Samsung, its counsel,
4 and witnesses shall be precluded from presenting evidence, engaging in argument or making
5 reference before the jury of the financial terms of Apple’s acquisition. The parties are not
6 precluded from introducing evidence concerning Fingerworks generally.
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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