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

Filing 13

Declaration of Jason Bartlett and [Proposed] Order in Support of #12 MOTION to Shorten Time for Briefing and Hearing on Plaintiff's Motion to Expedite Discovery filed by Apple Inc. (Attachments: #1 Proposed Order Proposed Order)(Related document(s) #12 ) (Bartlett, Jason) (Filed on 4/19/2011) Modified on 4/20/2011 (cjl, COURT STAFF).

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HAROLD J. MCELHINNY (CA SBN 66781)
[e-mail]
MICHAEL A. JACOBS (CA SBN 111664)
[e-mail]
JENNIFER LEE TAYLOR (CA SBN 161368)
[e-mail]
JASON R. BARTLETT (CA SBN 214530)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522
Attorneys for Plaintiff
APPLE INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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APPLE INC., a California corporation,

Case No.

4:11-cv-01846-LB

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Plaintiff,
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v.
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SAMSUNG ELECTRONICS CO., LTD., A
Korean business entity; SAMSUNG
ELECTRONICS AMERICA, INC., a New York
corporation; SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC, a
Delaware limited liability company,

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Defendants.

DECLARATION OF JASON R.
BARTLETT IN SUPPORT OF
PLAINTIFF’S MOTION TO
SHORTEN TIME FOR BRIEFING
AND HEARING ON PLAINTIFF’S
MOTION TO EXPEDITE
DISCOVERY
Date: April 26, 2011
Time: 9:00 a.m.
Place:
Judge:

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I, Jason R. Bartlett, do hereby declare as follows:

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1.

I am a partner at the law firm of Morrison & Foerster LLP, attorneys of record in

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this action for plaintiff Apple Inc. (“Apple”). I submit this declaration in support of Apple’s

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Motion to Shorten Time For Briefing and Hearing On Plaintiff’s Motion To Expedite Discovery.

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Unless otherwise indicated, I have personal knowledge of the matters set forth below. If called as

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a witness I could and would testify competently as follows:
DECLARATION OF JASON R. BARTLETT IN SUPPORT OF APPLE INC.’S MOTION TO SHORTEN TIME
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2.

Today, Apple is initiating service of a copy of its complaint to Defendants

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Samsung Electronics America, Inc. and Samsung Telecommunication America, LLC

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(collectively, “Samsung”), together with a copy of its Motion to Expedite Discovery. Hand

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service of those documents is expected to be completed tomorrow, April 20, 2011. To my

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knowledge, Samsung is not yet represented by counsel in connection with this matter. Given the

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urgent nature of Apple’s Motion to Expedite Discovery, I have not yet contacted Samsung about

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obtaining a stipulation to Apple’s Motion to Shorten Time.

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3.

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this proceeding.

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4.

As this case was recently filed, there have been no previous time modifications in

Apple’s Motion to Shorten Time will affect the briefing and hearing schedule for

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its Motion to Expedite Discovery by setting the deadline for the filing of Samsung’s opposition to

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the Motion to Expedite Discovery at April 29, 2011, any reply brief at May 2, 2011, and the

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hearing date at May 3, 2011.

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5.

On Monday, April 19, 2011, Apple filed its Motion to Expedite Discovery to take

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limited expedited discovery of Samsung regarding products that Apple believes Samsung will

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soon release. In that motion, Apple contends that “Samsung’s new products are sure to infringe

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Apple’s registered trademarks, trade dress, design patent, and utility patents.” (Apple’s Motion to

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Expedite Discovery at 7.) Press accounts reveal that Samsung plans to release new tablet

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computers, the Galaxy Tablet 10.1 and the Galaxy Tablet 8.9, as well as a new mobile phone, the

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Galaxy S2 phone. (Id. at 6; see also Declaration of Jason R. Bartlett in Support of Plaintiff’s

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Motion to Expedite Discovery (“Bartlett Expedite Decl.”) Exs. 1-2 and 4-8). Apple will not be

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able to verify the extent of the similarities between these soon-to-be-released products and its

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own products until it can examine samples of these Samsung products. (Id. at 12.) Samsung’s

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own website notes that the release of these new products is imminent. (Id. at 6; Bartlett Expedite

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Decl. Ex. 7).

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6.

Apple is requesting that the Court shorten the briefing and hearing schedule on its

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Motion to Expedite Discovery because, if granted, the Motion to Expedite Discovery will allow

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Apple to assess promptly the extent to which the soon-to-be-released products infringe its
DECLARATION OF JASON R. BARTLETT IN SUPPORT OF APPLE INC.’S MOTION TO SHORTEN TIME
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intellectual property before those products become entrenched in the marketplace. If Apple does

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not commence discovery until after the scheduling conference, it will suffer substantial harm.

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The more entrenched the infringing Samsung products become in the market, the more likely

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Apple is to suffer damage to the distinctiveness of its products. If Apple’s Motion to Shorten

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Time is not granted, a hearing on Apple’s Motion to Expedite Discovery will not take place until

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May 24, 2011 at the earliest, and Samsung’s infringing products may have entered the market by

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then.

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I declare under the penalty of perjury under the laws of the United States of America that

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the forgoing is true and correct and that this Declaration was executed this 19th day of April,

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2011, at San Francisco, California.

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_______/s/ Jason R. Bartlett_____

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DECLARATION OF JASON R. BARTLETT IN SUPPORT OF APPLE INC.’S MOTION TO SHORTEN TIME
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