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

Filing 1398

TRIAL BRIEF Regarding References at Trial to "Plaintiff" and "Defendant" by Samsung Electronics America, Inc.. (Maroulis, Victoria) (Filed on 7/26/2012)

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Cal. Bar No. 170151)
 [e-mail]
50 California Street, 22nd Floor
 San Francisco, California 94111
Telephone: [phone]
 Facsimile: [phone]
 Kevin P.B. Johnson (Cal. Bar No. 177129)
[e-mail]
 Victoria F. Maroulis (Cal. Bar No. 202603)
[e-mail]
th
 555 Twin Dolphin Drive 5 Floor
Redwood Shores, California 94065
 Telephone: [phone]
Facsimile: [phone]

Michael T. Zeller (Cal. Bar No. 196417)
 [e-mail]
865 S. Figueroa St., 10th Floor
 Los Angeles, California 90017
Telephone: [phone]
 Facsimile: [phone]
 Attorneys for SAMSUNG ELECTRONICS
CO., LTD., SAMSUNG ELECTRONICS
 AMERICA, INC. and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC



UNITED STATES DISTRICT COURT



NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

 APPLE INC., a California corporation,



Plaintiff,
vs.

 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,

Defendants.


CASE NO. 11-cv-01846-LHK
SAMSUNG’S BRIEF REGARDING
REFERENCES AT TRIAL TO
"PLAINTIFF" AND "DEFENDANT"




02198.51855/4875567.1

Case No. 11-cv-01846-LHK
SAMSUNG'S BRIEF REGARDING REFERENCES AT TRIAL TO "PLAINTIFF" AND "DEFENDANT"

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Both parties in this action have claims against the other that will be tried to the jury in the

2 upcoming trial.

Accordingly, both parties will at times be acting as plaintiffs and both as

3 defendants, and it is therefore important that both parties are treated the same.
4 the terminology that is used to refer to the parties reflects this fact.

It is important that

In order to avoid any unfair

5 prejudice to Samsung that may result from references to Apple as "plaintiff" in front of the jury,
6 Samsung requests that both parties be referred to as "claimants."
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Additionally, Samsung requests that its counsel be permitted to sit at plaintiff's table while

8 Samsung presents its affirmative case. The general rule in courts nationwide, both civil and
9 criminal, is that the party with the burden of proof sits nearest the jury.

In keeping with this

10 practice, it makes sense that Samsung would sit at plaintiff's table while presenting its affirmative
11 case.

Furthermore, equal treatment of the parties with respect to where they sit while presenting

12 their affirmative case will mitigate any prejudice to Samsung that may result from Apple being in
13 closer proximity to the jury throughout the trial.

It will also ensure that the jury does not draw

14 any improper inference based on disparate treatment of the parties with respect to their positions in
15 the courtroom.

Other courts have adopted this approach in complex, high-stakes trials involving

16 claims asserted by both parties.

See Mattel v. MGA, Case No. 04-09049 (DOC) (C.D. Cal.),

17 March 10, 2011 Trial Tr., Vol. 3, at 26:25-27:6, attached hereto as Exhibit A.
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19 DATED: July 26, 2012
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QUINN EMANUEL URQUHART &
SULLIVAN, LLP
By /s/ Victoria F. Maroulis
Charles K. Verhoeven
Victoria F. Maroulis
Kevin P.B. Johnson
Michael T. Zeller
Attorneys for SAMSUNG ELECTRONICS
CO., LTD., SAMSUNG ELECTRONICS
AMERICA, INC., and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC

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02198.51855/4875567.1

Case No. 11-cv-01846-LHK
SAMSUNG'S BRIEF REGARDING REFERENCES AT TRIAL TO "PLAINTIFF" AND "DEFENDANT"

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EXHIBIT A

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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SOUTHERN DIVISION
- - THE HONORABLE DAVID O. CARTER, JUDGE PRESIDING

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MATTEL, INC., et al.,
Plaintiffs,
vs.

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MGA ENTERTAINMENT, INC.,
et al.,
Defendants.

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CV-04-9049-DOC
DAY 31
Volume 3 of 3

--------------------------

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REPORTER'S TRANSCRIPT OF PROCEEDINGS

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Santa Ana, California

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Thursday, March 10, 2011

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SHARON A. SEFFENS, RPR
United States Courthouse
411 West 4th Street, Suite 1-1053
Santa Ana, CA 92701
[phone]

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SHARON SEFFENS, U.S. DISTRICT COURT REPORTER

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APPEARANCES OF COUNSEL:

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For Plaintiff MATTEL, INC., ET AL.:

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JOHN B. QUINN
MICHAEL T. ZELLER
WILLIAM PRICE
QUINN EMANUEL URQUHART & SULLIVAN, LLP
865 South Figueroa Street, 10th Floor
Los Angeles, CA 90017
[phone]

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For Defendant MGA ENTERTAINMENT, INC., ET AL.:

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THOMAS MCCONVILLE
ORRICK HERRINGTON & SUTCLIFFE LLP
4 Park Plaza, Suite 1600
Irvine, CA 92614
[phone]

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ANNETTE HURST
ORRICK, HERRINGTON & SUTCLIFFE LLP
The Orrick Building
405 Howard Street
San Francisco, CA 94105
[phone]

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KELLER RACKAUCKAS LLP
JENNIFER L. KELLER
18500 Von Karman Avenue, Suite 560
Irvine, CA
[phone]

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FOR CARLOS GUSTAVO MACHADO GOMEZ:

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MARK E. OVERLAND
100 Wilshire Boulevard, Suite 950
Santa Monica, CA 90401
[phone]

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ALEXANDER COTE
SCHEPER KIM AND HARRIS LLP
601 West Fifth Street, 12th Floor
Los Angeles, CA 90071-2025
[phone]

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SHARON SEFFENS, U.S. DISTRICT COURT REPORTER

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ALSO PRESENT:

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MGA ENTERTAINMENT, INC.
JEANINE PISONI
16360 Roscoe Boulevard, Suite 105
Van Nuys, CA 91406

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ALSO PRESENT:

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ISAAC LARIAN, MGA CEO

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KEN KOTARSKI, Mattel Technical Operator

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MIKE STOVALL, MGA Technical Operator

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SHARON SEFFENS, U.S. DISTRICT COURT REPORTER

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going.

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MR. COTE:

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THE COURT:

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Yes.
If that's acceptable to you, that

let's the parties start tomorrow.

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MR. COTE:

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THE COURT:

Of course.
Counsel, I am going to pay all of you

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a compliment in front of the jury about how hard you are

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working.

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Nancy, would you get the jury.

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(Jury present.)

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THE COURT:

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The jurors are present.

Counsel are

present.

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Mr. Quinn, on behalf of Mattel.

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MR. QUINN:

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Your Honor, subject to the issues that

we discussed the jury's presence, Mattel rests.
THE COURT:

Mattel is resting at this time.

There

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are a few matters that we can accomplish this weekend and

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outside your presence, but both parties have agreed to go

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forward tomorrow.

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We anticipated that Mattel would be resting

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sometime this week.

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Wednesday, Thursday, or early Friday, but we anticipated

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this, and MGA will be ready to start their presentation

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tomorrow morning at 8:30.

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We didn't know quite know if it was

Now, we are going to be switching tables.
SHARON SEFFENS, U.S. DISTRICT COURT REPORTER

MGA

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will be sitting at the table that times has been referred to

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as the plaintiff's table, and Mr. Overland and Mr. Cote will

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be joining them.

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we keep visually who is with whom, and Mattel will be over

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sitting over what we previously referred to as the

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defendant's table.

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I am going to have a small table set up so

We have about 152 hours that we have been in

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session so far, maybe a little bit more by the end of today.

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I'm not quite certain.

I haven't been keeping that close

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account, but you can see a running total over on this board.

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As of yesterday, it was 87 hours and 41 minutes for Mattel

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and MGA 64 hours and 8 minutes.

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plaintiff is usually using a few more hours in the

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presentation of their case, and now MGA will probably start

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using a few more hours.

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That's about right.

The

All counsel are on notice when that hits 120 hours

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that's the end of the lawsuit for that party.

Actually

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because of the preparation of counsel and the extraordinary

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efforts on both Mattel and MGA's part and Mr. Machado's

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counsel, the -- because we are not having sidebars, because

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they are going all over the evidence on nights and during

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the weekends, means that that 120 hours for each side is

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probably the equivalent of about 200 hours.

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about a four-month trial that's being brought down into

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about three months, so it's coming to you pretty quick.

It's really

SHARON SEFFENS, U.S. DISTRICT COURT REPORTER

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CERTIFICATE

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I hereby certify that pursuant to Section 753,

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Title 28, United States Code, the foregoing is a true and

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correct transcript of the stenographically reported

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proceedings held in the above-entitled matter and that the

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transcript page format is in conformance with the

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regulations of the Judicial Conference of the United States.

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Date:

March 11, 2011

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Sharon A. Seffens 3/11/11
_________________________________
SHARON A. SEFFENS, U.S. COURT REPORTER

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SHARON SEFFENS, U.S. DISTRICT COURT REPORTER