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

Filing 1567

RESPONSE to 1564 Apple's Motion Regarding Sealing Issues Related to August 3 Witness Examinations by Samsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (Maroulis, Victoria) (Filed on 8/3/2012) Modified text on 8/6/2012 (dhm, COURT STAFF).

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Cal. Bar No. 170151)
2 [e-mail]
50 California Street, 22nd Floor
3 San Francisco, California 94111
Telephone: [phone]
4 Facsimile: [phone]
5 Kevin P.B. Johnson (Cal. Bar No. 177129)
[e-mail]
6 Victoria F. Maroulis (Cal. Bar No. 202603)
[e-mail]
7 555 Twin Dolphin Drive 5th Floor
Redwood Shores, California 94065
8 Telephone: [phone]
Facsimile: [phone]
9
Michael T. Zeller (Cal. Bar No. 196417)
10 [e-mail]
865 S. Figueroa St., 10th Floor
11 Los Angeles, California 90017
Telephone: [phone]
12 Facsimile: [phone]
13 Attorneys for SAMSUNG ELECTRONICS
CO., LTD., SAMSUNG ELECTRONICS
14 AMERICA, INC. and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC
15
16

UNITED STATES DISTRICT COURT

17

NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

18 APPLE INC., a California corporation,
Plaintiff,

19
20

vs.

21 SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity; SAMSUNG
22 ELECTRONICS AMERICA, INC., a New
York corporation; SAMSUNG
23 TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,
24
Defendants.
25

CASE NO. 11-cv-01846-LHK
SAMSUNG’S RESPONSE TO APPLE’S
MOTION REGARDING
SEALING ISSUES RELATED TO
AUGUST 3 WITNESS
EXAMINATIONS

26
27
28
Case No. 11-cv-01846-LHK
SAMSUNG’S RESPONSE TO APPLE’S MOTION REGARDING SEALING ISSUES

1

Samsung respectfully responds to Apple’s Motion Regarding Sealing Issues Related to

2 August 3 Witness Examinations (Dkt. No. 1594) as follows:
3 I.

Apple, Not Samsung, Identified Apple’s Sales Summaries as Witness Exhibits.

4

Apple’s motion is incorrect with regard to PX102 and PX103, two documents containing

5 Apple sales information.
6 direct examination.

PX102 and PX103 were identified by Apple for use in Mr. Schiller’s

Contrary to Apple’s assertion, Samsung did not identify PX102 or PX103 as

7 cross-examination exhibits.

If Apple uses either of these documents on direct, Samsung reserves

8 the right to cross examine Mr. Schiller on the same documents.

Conversely, if Apple does not use

9 PX102 and PX103 on direct, Samsung does not intend to introduce either of these exhibits on cross
10 examination.
11

Therefore, Apple’s motion with respect to these two exhibits appears to be moot.

Apple and Samsung are in the process of negotiating procedures for dealing with this type

12 of sensitive sales information.
13 II.

The Court Has Ruled that Apple’s Survey Documents Are Party Admissions.

14

DX617 is an Apple survey document.

The Court has overruled Apple’s objection to

15 Samsung’s use of DX617 and similar documents.
16 may be used to impeach Mr. Schiller.

The Court stated that “[t]hese Apple surveys

Moreover, these documents are Apple’s internal company

17 documents and thus are party admissions.” (Dkt. No. 1563 at 7.) DX534, DX767, and DX77418 76 are the same type of Apple survey documents bearing different dates.

They are likewise party

19 admissions.
20 III.

The Court Indicated that Apple Surveys Do Not Meet the Standard for Sealing.

21

The Court’s guidance regarding the standard for sealing trial exhibits, as expressed during

22 the July 27, 2012 pre-trial conference, did not contemplate that material such as Apple’s survey
23 documents would meet the high standard for sealing trial exhibits.

Samsung believes that Apple’s

24 proposed procedures for daily redacting or selecting pages from nonsealable exhibits is impractical.
25 Samsung has informed Apple of its position in the negotiations to which Apple refers.
26
27
28
02198.51855/4890077.1

Case No. 11-cv-01846-LHK
-1SAMSUNG’S RESPONSE TO APPLE’S MOTION REGARDING SEALING ISSUES

1 DATED: August 3, 2012
2

QUINN EMANUEL URQUHART &
SULLIVAN, LLP

3
4
5
6
7
8
9
10

By /s/ Victoria Maroulis
Charles K. Verhoeven
Kevin P.B. Johnson
Victoria F. Maroulis
Michael T. Zeller
Attorneys for SAMSUNG ELECTRONICS CO.,
LTD., SAMSUNG ELECTRONICS AMERICA,
INC., and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
02198.51855/4890077.1

Case No. 11-cv-01846-LHK
-2SAMSUNG’S RESPONSE TO APPLE’S MOTION REGARDING SEALING ISSUES