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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1 2 3 4 5 6 7 8 9 10 HAROLD J. MCELHINNY (CA SBN 66781) MICHAEL A. JACOBS (CA SBN 111664) RACHEL KREVANS (CA SBN 116421) JENNIFER LEE TAYLOR (CA SBN 161368) ALISON M. TUCHER (CA SBN 171363) RICHARD S.J. HUNG (CA SBN 197425) JASON R. BARTLETT (CA SBN 214530) MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: (415) 268-7000 Facsimile: (415) 268-7522 WILLIAM F. LEE WILMER CUTLER PICKERING HALE AND DORR LLP 60 State Street Boston, MA 02109 Telephone: (617) 526-6000 Facsimile: (617) 526-5000 MARK D. SELWYN (SBN 244180) WILMER CUTLER PICKERING HALE AND DORR LLP 950 Page Mill Road Palo Alto, California 94304 Telephone: (650) 858-6000 Facsimile: (650) 858-6100 11 12 13 Attorneys for Plaintiff and Counterclaim-Defendant APPLE INC. 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 SAN JOSE DIVISION 17 18 APPLE INC., a California corporation, Plaintiff, 19 20 21 22 23 24 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. 25 26 27 28 CLARIFICATION REGARDING CERTAIN APPLE EXHIBITS CASE NO. 11-CV-01846-LHK 1 1 In the Court’s Order on Samsung’s Objections to Apple’s Proposed Examination Exhibits 2 and Materials for Second Day of Trial (Dkt. No. 1512), the Court deferred ruling on objections to 3 an exhibit that Samsung identified as “PDX56,” and also ruled with respect to exhibits PX49 4 through PX54. Furthermore, the Court ordered Samsung to submit PDX56 to the Court prior to 5 8:00 a.m. tomorrow. However, Apple did not disclose exhibits with any of these exhibit numbers 6 for use in Dr. Kare’s direct testimony, and has never identified any exhibit as PDX56. 7 Apple believes that the Court’s order regarding a submission of PDX56 is intended to 8 require Apple to submit the entire set of demonstrative exhibits that it proposes to use when 9 Dr. Kare is testifying. When Apple initially disclosed the set of Kare demonstrative exhibits, it 10 believed that Dr. Kare might testify on the second day of trial. With opening arguments 11 scheduled for tomorrow morning, it appears that Dr. Kare, who is Apple’s eighth witness, will not 12 testify on the second day of trial. 13 Since Apple initially disclosed Dr. Kare’s proposed demonstrative exhibits to Samsung, 14 Apple has been revising and reducing the number of slides in the exhibit. Apple intends to 15 disclose a revised set of demonstrative exhibits for Dr. Kare at 7:00 p.m. on Wednesday, per the 16 established process for disclosing exhibits. If Samsung objects to any of the demonstrative 17 exhibits, Apple will submit a copy of the demonstrative exhibits to the Court with its response to 18 Samsung’s objections. 19 20 21 Dated: July 31, 2012 MORRISON & FOERSTER LLP 22 23 By: 24 /s/ Michael A. Jacobs MICHAEL A. JACOBS Attorneys for Plaintiff APPLE INC. 25 26 27 28 CLARIFICATION REGARDING CERTAIN APPLE EXHIBITS CASE NO. 11-CV-01846-LHK 2

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