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

Filing 251

STIPULATION and Proposed Order Extending Deadline for Apple's Discovery of Samsung by Apple Inc.. (Attachments: #1 Declaration)(Bartlett, Jason) (Filed on 9/21/2011)

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HAROLD J. MCELHINNY (CA SBN 66781)
[e-mail]
MICHAEL A. JACOBS (CA SBN 111664)
[e-mail]
RICHARD S.J. HUNG (CA SBN 197425)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: [phone]

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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]
WILLIAM F. LEE (pro hac vice)
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
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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v.

Case No.

4:11-cv-01846-LHK

BARTLETT DECLARATION IN
SUPPORT OF STIPULATION
AND [PROPOSED] ORDER
EXTENDING DEADLINE FOR
APPLE’S DISCOVERY OF
SAMSUNG

SAMSUNG ELECTRONICS CO., LTD., a
Korean corporation; SAMSUNG ELECTRONICS
AMERICA, INC., a New York corporation; and
SAMSUNG TELECOMMUNICATIONS
Date:
AMERICA, LLC, a Delaware limited liability
Time:
company,
Place:
Judge:
Defendants.

TBD
TBD
Courtroom 8, 4th Floor
Hon. Lucy H. Koh

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BARTLETT DECL. ISO JOINT STIPULATION AND [PROPOSED] ORDER REGARDING DISCOVERY DEADLINE
CASE NO. 11-CV-01846-LHK
sf-3047626

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I, Jason Bartlett, declare as follows:
1. I am a partner in the law firm of Morrison & Foerster LLP, counsel for Apple Inc.

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(“Apple”) in its suit against Samsung Electronics Co., Ltd., Samsung Electronics America, Inc.

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and Samsung Telecommunications America, LLC (collectively, “Samsung”). I have personal

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knowledge of the facts set forth in this declaration and, if called upon as a witness, I could and

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would testify to such facts under oath.

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2. I submit this declaration in support of the parties’ stipulation and proposed order
extending the deadline for Apple’s discovery from Samsung, pursuant to Civil L.R. 6-2.
3. On July 1, 2011, Apple filed a motion for preliminary injunction, seeking in part

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an order that Apple is entitled to a preliminary injunction based on Samsung’s alleged

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infringement of three Apple design patents and one Apple utility patent. (See D.N. 86.)

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4. On July 2, 2011, the Court invited the parties to provide input regarding a

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reasonable time frame for briefing and hearing Apple’s motion, noting that the schedule would

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need to accommodate time to conduct discovery pertinent to the preliminary injunction motion.

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(See D.N. 95.)

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5. On July 8, 2011, the parties filed a joint submission regarding the briefing and
hearing schedule. (See D.N. 100.)
6. On July 18, 2011, this Court entered an Order Setting Briefing and Hearing

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Schedule for Preliminary Injunction Motion (see D.N. 115), setting September 21, 2011 as the

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deadline for Apple’s discovery from Samsung relating to the preliminary injunction motion.

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7. Since Samsung filed its opposition to Apple’s preliminary injunction motion, the

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parties have worked to schedule the depositions of witnesses with information pertaining to that

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opposition. Those witnesses include Roger Fidler and Jeffrey Johnson, who provided

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declarations in support of that opposition.

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8. Despite the parties’ best efforts to schedule the depositions within the deadline set

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by the Court’s July 18, 2011 Order, the depositions of Messrs. Fidler and Johnson could not be

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scheduled to take place until September 23 and September 26, respectively.

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BARTLETT DECL. ISO JOINT STIPULATION AND [PROPOSED] ORDER REGARDING DISCOVERY DEADLINE
CASE NO. 11-CV-01846-LHK
sf-3047626

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9. The parties previously modified the Court’s July 18, 2011 Order to give Samsung

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a one week extension of its discovery deadline, so it could depose two additional Apple

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witnesses.

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10. No other deadlines or hearing dates are affected by this stipulation and [proposed]
order.
I declare under penalty of perjury that the foregoing is true and correct. Executed on
September 21, 2011 in San Francisco, California.

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/s/ Jason Bartlett
JASON BARTLETT

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BARTLETT DECL. ISO JOINT STIPULATION AND [PROPOSED] ORDER REGARDING DISCOVERY DEADLINE
CASE NO. 11-CV-01846-LHK
sf-3047626

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