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

Filing 150

Declaration of Austin Tarango in Support of Reply in Support of #101 MOTION TO DISQUALIFY BRIDGES & MAVRAKAKIS, LLP filed by Samsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Maroulis, Victoria) (Filed on 8/8/2011) Modified on 8/10/2011 counsel failed to link entry to related document (dhm, COURT STAFF).

EXHIBIT E

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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APPLE, INC.,
PLAINTIFF,
V.
SAMSUNG ELECTRONICS
COMPANY LIMITED, ET
AL.,
DEFENDANTS.
_______________________

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C-11-01846-LHK
JUNE 17, 2011

PAGES 1 - 39

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THE PROCEEDINGS WERE HELD BEFORE

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THE HONORABLE UNITED STATES DISTRICT

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JUDGE LUCY H. KOH

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A P P E A R A N C E S:

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FOR THE PLAINTIFF:

MORRISON & FOERSTER
BY: HAROLD J. MCELHINNY
MICHAEL A. JACOBS
GRANT L. KIM
425 MARKET STREET
SAN FRANCISCO, CALIFORNIA 94105

(APPEARANCES CONTINUED ON THE NEXT PAGE.)
OFFICIAL COURT REPORTER: IRENE RODRIGUEZ, CSR, CRR
CERTIFICATE NUMBER 8074
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U.S. COURT REPORTERS

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A P P E A R A N C E S: (CONT'D)

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FOR THE DEFENDANTS: QUINN, EMANUEL, URQUHART &
SULLIVAN
BY: CHARLES K. VERHOEVEN
MICHAEL T. ZELLER
ERIK C. OLSON
KEVIN P.B. JOHNSON
VICTORIA F. MAROULIS
865 SOUTH FIGUEROA STREET
10TH FLOOR
LOS ANGELES, CALIFORNIA 90017

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U.S. COURT REPORTERS

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SAN JOSE, CALIFORNIA

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P R O C E E D I N G S

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JUNE 17, 2011

(WHEREUPON, COURT CONVENED AND THE
FOLLOWING PROCEEDINGS WERE HELD:)

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C-11-1846-LHK, APPLE VERSUS SAMSUNG ELECTRONICS

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COMPANY LIMITED, ET AL.

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HONOR.

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KIM FOR THE PLAINTIFFS APPLE.

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THE COURT:

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MR. VERHOEVEN:

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HONOR.

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BEHALF OF THE SAMSUNG DEFENDANTS AND WITH ME IS MY

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PARTNER KEVIN JOHNSON, MIKE ZELLER, VICKIE

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MAROULIS.

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I HAVE QUESTIONS FOR ALL SIDES TODAY.

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I'LL START FIRST WITH MR. VERHOEVEN.

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WHEN WE HAD THE HEARING ON APPLE'S MOTION YOU HAD

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SPECIFIED SOME EXPEDITED DISCOVERY THAT SAMSUNG

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WOULD NEED, WHICH I THOUGHT WAS VERY REASONABLE,

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BUT IT DOESN'T APPEAR THAT YOU'RE REQUESTING THAT

THE CLERK:

CALLING CASE NUMBER

MR. MCELHINNY:

GOOD AFTERNOON, YOUR

HAROLD MCELHINNY, MICHAEL JACOBS, AND GRANT

GOOD AFTERNOON.
GOOD AFTERNOON, YOUR

CHARLES VERHOEVEN FOR QUINN EMANUEL ON

THE COURT:

GOOD AFTERNOON.

PLEASE SIT

OR STAND, WHICHEVER IS MOST COMFORTABLE.

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U.S. COURT REPORTERS

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EIGHT MONTHS, SIX MONTHS, WHATEVER YOU WANT, MY

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SCHEDULE IS OPEN.

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WHAT ARE YOUR THOUGHTS ON THAT?

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MR. MCELHINNY:

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ANSWER TO YOUR QUESTION IS THAT WE WOULD LIKE THAT,

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YOUR HONOR.

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NEED TWO MINUTES TO CONSULT WITH MY CLIENT TO GET

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MORE DIRECT INFORMATION ABOUT THAT.

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THAT SOMETHING THAT SAMSUNG WOULD BE INTERESTED IN

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RATHER THAN US INCREMENTALLY GETTING DISCOVERY

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PIECEMEAL?

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CASE?

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WOULD HAVE TO CONFER.

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ON THE SUBJECT OF THIS PARTICULAR MOTION.

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THE COURT:

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MR. VERHOEVEN:

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COMPLICATED CASE.

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THE OTHER CASE TOGETHER WITH IT AND IF WE'RE GOING

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TO BE PROCEEDING ON UTILITY PATENTS, WE SHOULD

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PROCEED IN TOTAL.

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ONE YEAR?

YOU TELL ME.

THE ANSWER -- WELL, THE

WE WOULD LIKE AN EXPEDITED TRIAL DATE.

IN TERMS OF THE SPECIFIC MONTHS, I WOULD

THE COURT:

WELL, LET ME HEAR FROM -- IS

WHY DON'T WE JUST GET STARTED ON THE

MR. VERHOEVEN:

WELL, I THINK I, TOO,

IT'S SORT OF COMING OUT NOT

I UNDERSTAND.
AND IT'S A VERY

AS YOU KNOW, YOUR HONOR RELATED

AND SO WE WOULD NEED TO TRY TO DO A
SIGNIFICANT ASSESSMENT BECAUSE OFF THE TOP OF -- AT
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U.S. COURT REPORTERS

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LEAST OFF THE TOP OF MY HEAD, I'LL LET

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MR. MCELHINNY SPEAK FOR HIMSELF, BUT AT LEAST OFF

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THE TOP OF MY HEAD IT'S IMPORTANT THAT WE GET IT

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RIGHT IN TERMS OF THE SCHEDULE AND WE WOULD HAVE TO

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SIT DOWN AND FIGURE OUT HOW MANY EXPERTS ARE WE

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TALKING ABOUT?

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THE MARKMAN HEARING WITH ALL OF THESE PATENTS?

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KNOW, WHAT ARE YOUR HONOR'S LIMITS, IF ANY, ON THE

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NUMBER OF TERMS FOR CONSTRUCTION PER PATENT?

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MORE INVOLVED THAN ME JUST TELLING YOU RIGHT OFF

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THE TOP OF MY HEAD.

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OFF THE TOP OF YOUR HEAD, AND I DON'T THINK THAT'S

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FAIR TO YOU ALL SINCE THIS IS REALLY NOT EVEN A

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CMC.

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THE COURT:

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MR. VERHOEVEN:

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SO WE HAVEN'T EVEN HAD A CHANCE TO GO THROUGH THAT

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YET, YOUR HONOR.

YOU KNOW, HOW ARE WE GOING TO DO
YOU

IS IT

FOR THE WHOLE CASE?
THOSE ARE THE THINGS I THINK WOULD BE

THE COURT:

I'M NOT ASKING YOU TO TELL ME

MR. VERHOEVEN:

MAY I SAY ONE OTHER THING

REALLY QUICKLY, YOUR HONOR?
LAST NIGHT I THINK IT WAS APPLE FILED AN
AMENDED COMPLAINT.
I KNOW.
AND ADDED NEW PATENTS.

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U.S. COURT REPORTERS

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SAMSUNG VERSUS APPLE CASE, IT HAS BEEN RELATED BUT

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IT HASN'T BEEN CONSOLIDATED.

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IT OR ARE YOU JUST GOING TO THEN ASSERT THE PATENTS

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THAT YOU ASSERTED IN THAT CASE AS COUNTERCLAIMS IN

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THIS CASE AND IT IS RESPECTIVELY THE SAME CASE

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CONSOLIDATED, YOUR HONOR, AND WE THINK IT SHOULD BE

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CONSOLIDATED AND SHOULD PROCEED AS A SINGLE CASE.

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ANSWER DATE IS NOT FOR A LITTLE WHILE, RIGHT?

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KNOW YOU STIPULATED TO A DATE.

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MR. VERHOEVEN:

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MS. MAROULIS:

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IT'S GOING TO BE CHANGED BECAUSE OF THE FILING

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YESTERDAY.

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ANTICIPATING THEN FILING COUNTERCLAIMS THAT WOULD

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ASSERT YOUR OWN -- WHATEVER COMBINATION OF UTILITY

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PATENTS?

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SO THAT WOULD OBVIOUSLY IMPACT US AS
WELL.
THE COURT:

SURE.

LET ME ASK, THE

ARE YOU ALL GOING TO SEEK TO CONSOLIDATE

ANYWAY, OR WHAT IS GOING TO HAPPEN?
MR. VERHOEVEN:

THE COURT:

THE COURT:

WE THINK IT SHOULD BE

NOW, WHEN YOU -- I THINK YOUR

WHEN WAS THAT?

JULY 15TH.
YOUR HONOR, JULY 5TH.

I SEE.

MR. VERHOEVEN:

I

OKAY.

ARE YOU

WE'RE STILL EVALUATING
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U.S. COURT REPORTERS

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OUR OPTIONS, AND I REALLY CAN'T SPEAK TO THAT AT

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THIS POINT.

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THE COURT:

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MR. VERHOEVEN:

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MR. MCELHINNY:

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THE COURT:

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MR. MCELHINNY:

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TALKING ABOUT AN INJUNCTION, IS THAT WE DO FEEL

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THAT THERE IS INJURY GOING ON.

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THIS CASE.

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CONSOLIDATION SIMPLY BECAUSE ADDING A TEN-UTILITY

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PATENT ONTO THE CASE THAT WE HAVE WE THINK IS A

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DELAYING TACTIC.

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COUNSEL, ALL OF THE COUNSEL WHO ARE IN THE CASE,

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WILL OPPOSE CONSOLIDATING THAT ON APPLE'S SIDE.

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MEAN, I SAT IN FRONT OF YOU AND YOU SAID, YOU CAN

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EXPEDITE DISCOVERY AND WE KNOW FROM THE

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DECLARATIONS, WE CALLED THEM UP AND WE WENT THROUGH

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THE LIST THAT MR. VERHOEVEN HAD STATED AND HE SAID

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EXACTLY YOUR POINT, WHICH WAS THAT THERE IS GOING

OKAY.
WE ARE EVALUATING THOSE

OPTIONS THOUGH, YOUR HONOR.
IF I MAY, YOUR HONOR?

YES.
TWO OF THE SUBJECTS THAT

HAVE BEEN TOUCHED ON, WE DO, THE REASON WE'RE

WE DO SEEK TO EXPEDITE A RESOLUTION OF
WE DO THINK THAT -- WE WILL OPPOSE

BUT IN CONNECTION I THINK I CAN SAY

AS YOU KNOW FROM THE DECLARATIONS, I

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U.S. COURT REPORTERS

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TO HAVE TO BE SOME DISCOVERY RELATIVE TO THIS

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INJUNCTION IF IT IS FILED, CAN'T WE AGREE ON A

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PROCESS FOR THAT?

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ARE TO BE DEPOSED, ALL OF THE STUFF THAT I

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MENTIONED TO YOU?

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AND TODAY THEY WILL NOT ENGAGE WITH US.

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AND, AGAIN, I THINK AS COUNSEL HAS SAID,

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THE LIKELY PROCEDURE HERE IS THAT THEY FILED THIS

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SORT OF WHAT WE WOULD CALL IT A "GOTCHA MOTION" AND

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IF IT DOESN'T SUCCEED THEN WE'RE GOING TO START

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OVER THE PROCESS ABOUT NOW WHAT DISCOVERY DO YOU

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REALLY NEED THAT IS RELEVANT TO THE INJUNCTION AND

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HOW LONG WOULD IT TAKE, AND I THINK WE WILL SEE AN

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ENGAGEMENT AND PROBABLY A DRAWN-OUT DISCOVERY

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PERIOD.

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CAN'T WE DECIDE IF DECLARANTS

MR. VERHOEVEN:

YOUR HONOR, MAY I

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MR. MCELHINNY:

JUST LET ME FINISH.

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THE OTHER THING IS ALL OF THE CLAIMS THAT

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WE WILL BE PURSUING, WHATEVER THEY ARE IN THE

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PRELIMINARY INJUNCTION, AS WE POINTED OUT TO YOUR

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HONOR BEFORE, AND AS WE POINTED OUT CLEARLY IN OUR

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AMENDED COMPLAINT, WILL BE BASED ON PRODUCTS THAT

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ARE CURRENTLY IN THE MARKET.

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BASED ON OUR FUTURE PRODUCTS.

BRIEFLY?

THEY WILL NOT BE

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U.S. COURT REPORTERS

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CERTIFICATE OF REPORTER

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I, THE UNDERSIGNED OFFICIAL COURT
REPORTER OF THE UNITED STATES DISTRICT COURT FOR

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THE NORTHERN DISTRICT OF CALIFORNIA, 280 SOUTH

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FIRST STREET, SAN JOSE, CALIFORNIA, DO HEREBY

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CERTIFY:

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THAT THE FOREGOING TRANSCRIPT,

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CERTIFICATE INCLUSIVE, CONSTITUTES A TRUE, FULL AND

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CORRECT TRANSCRIPT OF MY SHORTHAND NOTES TAKEN AS

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SUCH OFFICIAL COURT REPORTER OF THE PROCEEDINGS

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HEREINBEFORE ENTITLED AND REDUCED BY COMPUTER-AIDED

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TRANSCRIPTION TO THE BEST OF MY ABILITY.

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/S/
_____________________________
IRENE RODRIGUEZ, CSR, CRR
CERTIFICATE NUMBER 8074
DATED:

JUNE 20, 2011
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U.S. COURT REPORTERS