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

Filing 1329

Minute Entry: Interim Pretrial Conference (Date Filed: 7/24/2012). Final Pretrial Conference set for 7/27/2012 03:00 PM in Courtroom 1, 5th Floor, San Jose. (Court Reporter Lee-Anne Shortridge.) (mpb, COURT STAFF) (Date Filed: 7/24/2012)

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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: 2 hrs 25 min

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Plaintiff Attorneys: Harold McElhinny, Michael Jacobs, Mark Selwyn, Rachel Krevans and
William Lee
Defense Attorneys: Charles Verhoeven, Victoria Maroulis, Kevin Johnson, Charlie Price, and
Michael Zeller.
For Third Party Reuters: Karl Olson

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A case management conference was held on July 24, 2012. An additional status conference
is set for Friday, July 27, 2012 at 3:00 p.m. At the case management conference on July 24, 2012,
the following rulings were made orally:

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DESIGN PATENT CLAIM CONSTRUCTION: Oral argument on the design patent claim
construction was heard. The matter was taken under submission.
JURY INSTRUCTIONS: Apple objected to preliminary jury instruction number 21 relating to
trade dress. Apple’s objections were overruled. Apple’s correction to preliminary instruction # 22
will be adopted.
WITNESS LIST: Each party shall file a list of the 20 witnesses that each party knows it will call
live and by deposition by July 25, 2012 at 5:00 p.m.

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ROLLING LIST OF NEXT SEVEN WITNESSES: The parties shall e-file a rolling list of the next
seven witnesses each party intends to call daily at 7:00 p.m. If there is no change from the
previous day, no updating is necessary.

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FJC VIDEO: The Court adopted Apple’s compromise statement to be read after the jury is shown
the FJC video. See ECF No. 1289-1. The statement will be read to the jurors after the video is
shown, and the written statement shall be included in the Jury Notebooks. The representative
patents that will be shown to the jury before trial starts will be Apple’s D’677 Patent and
Samsung’s ’460 Patent.
Case No.: 11-CV-01846-LHK
MINUTE ORDER AND CASE MANAGEMENT ORDER

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MOTION FOR RECONSIDERATION: For the reasons stated on the record, the Court denied
Samsung’s motion to reconsider the trial limitations imposed on the parties. Samsung indicated
that it preferred trying its affirmative case along with Apple’s affirmative case over a bifurcated
trial schedule.

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SEALING MOTIONS: The parties shall file declarations pursuant to Civil Local Rule 79-5(d) in
support of the motions to file trial briefs under seal by July 25, 2012 at 9:00 a.m. Third Party
Intervenor, Reuters America may file a consolidated response, no more than 15 pages, to the
motions to file under seal (including any renewed motions to file under seal filed on July 24, 2012),
by July 25, 2012 at 3:00 p.m. A hearing on sealing motions and a status conference to address any
last minute trial issues will be held on Friday, July 27, 2012 at 3:00 p.m.
OBJECTIONS: In the Court’s last case management order, the Court set forth the following
procedures for objections regarding witnesses, exhibits, and demonstratives:

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United States District Court
For the Northern District of California

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The parties are required to give notice, by 7:00 p.m. two days before the trial day, of the witnesses,
exhibits, and demonstratives it intends to use. By 2:00 p.m. the next day, the opposing party shall
designate the exhibits it intends to use during cross-examination. Exhibits not disclosed by this
procedure will not be allowed during the trial, unless the party seeking to use the un-disclosed
exhibit shows good cause. Objections to witnesses, exhibits, or demonstratives shall be filed no
later than noon the day before the witness is to testify.
In addition to the procedures set forth previously, the Court also imposes the following additional
limitations: the parties shall be required to meet and confer in person before filing any objection.
Each party is limited to 5 pages for objections and responses to objections.
EXHIBITS: The parties shall provide to the media in the Attorneys’ Lounge 5 thumb drives
containing the exhibits admitted that day at the end of each trial day.

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SIDEBARS AND SPEAKING OBJECTIONS: Sidebars are disfavored. The parties are not
permitted to make speaking objections.

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MOTIONS IN LIMINE: Samsung raised a motion to reconsider the Court’s ruling on Samsung’s
Motion in Limine #3 and Apple’s Motion in Limine #2. Both motions were denied.

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JURY FEES: If the parties settle after 4:00 p.m. Friday, July 27, 2012, the Court will order the
parties to split the cost of the first day of the juror fees ($40 per person for 75 jurors) and mileaege
at 55.5 cents per mile for each juror.

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PROPOSED FINAL JURY INSTRUCTION NUMBER 59: The parties may not make any
reference to sanctions beyond Samsung’s change in financial data, nor may the parties make any
reference to preliminary injunction findings by either the United States District Court or the Court
of Appeals of the Federal Circuit. This ruling has no bearing on the adverse inference jury
instruction motion before Judge Grewal.

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JURY SELECTION: During jury selection, each side may only use one half of each row of
audience seats to make room for our jury panel. The media may only use one row of audience
seats during jury selection to make room for our jury panel. There will be an overflow room with
audio and video available during jury selection.

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IT IS SO ORDERED.

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Dated: July 24, 2012

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_________________________________
LUCY H. KOH
United States District Judge

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