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

Filing 1515

NOTICE by Apple Inc. Clarification Regarding Certain Apple Exhibits (Jacobs, Michael) (Filed on 7/31/2012)

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HAROLD J. MCELHINNY (CA SBN 66781)
[e-mail]
MICHAEL A. JACOBS (CA SBN 111664)
[e-mail]
RACHEL KREVANS (CA SBN 116421)
[e-mail]
JENNIFER LEE TAYLOR (CA SBN 161368)
[e-mail]
ALISON M. TUCHER (CA SBN 171363)
[e-mail]
RICHARD S.J. HUNG (CA SBN 197425)
[e-mail]
JASON R. BARTLETT (CA SBN 214530)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: [phone]

WILLIAM F. LEE
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Telephone: [phone]
Facsimile: [phone]
MARK D. SELWYN (SBN 244180)
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff and
Counterclaim-Defendant APPLE INC.

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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,
Plaintiff,

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Case No. 11-cv-01846-LHK
CLARIFICATION REGARDING CERTAIN
APPLE EXHIBITS

v.
SAMSUNG ELECTRONICS CO., LTD., a
Korean corporation; SAMSUNG
ELECTRONICS AMERICA, INC., a New
York corporation; and SAMSUNG
TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,
Defendants.

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CLARIFICATION REGARDING CERTAIN APPLE EXHIBITS
CASE NO. 11-CV-01846-LHK

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In the Court’s Order on Samsung’s Objections to Apple’s Proposed Examination Exhibits

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and Materials for Second Day of Trial (Dkt. No. 1512), the Court deferred ruling on objections to

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an exhibit that Samsung identified as “PDX56,” and also ruled with respect to exhibits PX49

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through PX54. Furthermore, the Court ordered Samsung to submit PDX56 to the Court prior to

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8:00 a.m. tomorrow. However, Apple did not disclose exhibits with any of these exhibit numbers

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for use in Dr. Kare’s direct testimony, and has never identified any exhibit as PDX56.

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Apple believes that the Court’s order regarding a submission of PDX56 is intended to

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require Apple to submit the entire set of demonstrative exhibits that it proposes to use when

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Dr. Kare is testifying. When Apple initially disclosed the set of Kare demonstrative exhibits, it

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believed that Dr. Kare might testify on the second day of trial. With opening arguments

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scheduled for tomorrow morning, it appears that Dr. Kare, who is Apple’s eighth witness, will not

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testify on the second day of trial.

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Since Apple initially disclosed Dr. Kare’s proposed demonstrative exhibits to Samsung,

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Apple has been revising and reducing the number of slides in the exhibit. Apple intends to

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disclose a revised set of demonstrative exhibits for Dr. Kare at 7:00 p.m. on Wednesday, per the

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established process for disclosing exhibits. If Samsung objects to any of the demonstrative

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exhibits, Apple will submit a copy of the demonstrative exhibits to the Court with its response to

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Samsung’s objections.

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Dated: July 31, 2012

MORRISON & FOERSTER LLP

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By:

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/s/ Michael A. Jacobs
MICHAEL A. JACOBS
Attorneys for Plaintiff
APPLE INC.

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CLARIFICATION REGARDING CERTAIN APPLE EXHIBITS
CASE NO. 11-CV-01846-LHK

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