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

Filing 256

MOTION for Leave to File Amicus Curiae Brief filed by Cellco Partnership dba Verizon Wireless. (Attachments: #1 Proposed Order)(Morton, Melinda) (Filed on 9/23/2011)

1 DANIEL J. BERGESON, Bar No. 105439

[e-mail]

 MELINDA M. MORTON, Bar No. 209373

[e-mail]

 BERGESON, LLP

303 Almaden Boulevard, Suite 500

 San Jose, CA 95110-272

Telephone: [phone]

 Facsimile: [phone]
 Of Counsel:

MICHAEL E. JOFFRE

 AARON M. PANNER

KELLOGG, HUBER, HANSEN, TODD, EVANS &
FIGEL, PLLC
1615 M Street N.W., #400
 Washington, D.C. 20036
Telephone: [phone]
 Facsimile: [phone]


 Attorneys for Amicus Curiae


Cellco Partnership d/b/a Verizon Wireless



UNITED STATES DISTRICT COURT



NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION



 APPLE INC., a California corporation,



Plaintiff,
vs.

 SAMSUNG ELECTRONICS CO., LTD., a

CASE NO. 11-cv-01846-LHK
NOTICE OF MOTION AND MOTION
FOR LEAVE TO FILE BRIEF OF
AMICUS CURIAE CELLCO
PARTNERSHIP REGARDING APPLE’S
MOTION FOR A PRELIMINARY
INJUNCTION

Korean business entity; SAMSUNG

 ELECTRONICS AMERICA, INC., a New

York corporation; SAMSUNG

 TELECOMMUNICATIONS AMERICA,



LLC, a Delaware limited liability company,
Defendants.

Date: October 13, 2011
Time: 1:30 pm
Courtroom 8, 4th Floor
Judge: Hon. Lucy H. Koh






 NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE
BRIEF OF AMICUS CURIAE

Case No. 11-cv-01846-LHK

NOTICE OF MOTION AND MOTION

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

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PLEASE TAKE NOTICE THAT Cellco Partnership d/b/a Verizon Wireless hereby moves

4 the Court for leave to file an amicus curiae brief addressing Apple’s preliminary injunction motion
5 (Docket No. 86).

MEMORANDUM OF POINTS AND AUTHORITIES

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Amicus curiae Cellco Partnership d/b/a Verizon Wireless is a wireless carrier.1 Verizon

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8 Wireless has invested billions of dollars in developing, deploying, and operating a broadband
9 nationwide wireless network. That includes massive investments in a next-generation network
10 that promises new capabilities, including new applications and uses impossible with current
11 network technologies. Additionally, Verizon Wireless is an innovator in the field of wireless
12 communication and has devoted considerable resources to developing and patenting new
13 technology.

Verizon Wireless respectfully requests leave to file an amicus brief to apprise the Court of

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15 public interest considerations implicated by Apple’s preliminary injunction motion regarding its
16 utility patent. See Apple Inc.’s Motion for a Preliminary Injunction, ECF No. 86 (July 1, 2011).
17 “District courts frequently welcome amicus briefs from non-parties concerning legal issues that
18 have potential ramifications beyond the parties directly involved or if the amicus has unique
19 information or perspective that can help the court beyond the help that the lawyers for the parties
20 are able to provide.” Sonoma Falls Devs., LLC v. Nevada Gold & Casinos, Inc., 272 F. Supp. 2d
21 919, 925 (N.D. Cal. 2003). In this case, the potential effects of a preliminary injunction would go
22 far beyond Apple and Samsung. Due to its leadership and extensive experience in the wireless
23 communication industry, Verizon Wireless believes that it is uniquely positioned to describe how
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Amicus curiae and its undersigned counsel represent that they have authored this brief. No party or
26 counsel for any party made any monetary contribution intended to fund the preparation or submission of
this brief.
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NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE
BRIEF OF AMICUS CURIAE

Case No. 11-cv-01846-LHK

1 the requested injunction may harm U.S. consumers, wireless carriers, and businesses. The parties’
2 briefing may not be able to fully explain these third-party concerns to the Court.
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Counsel for amicus curiae attempted to contact the parties prior to filing this motion.

4 Counsel for Samsung indicated that it does not oppose this motion. Counsel for Apple did not
5 respond to Verizon Wireless’s inquiry about Apple’s position.
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8 September 23, 2011

/s Melinda M. Morton
Daniel J. Bergeson, Bar No. 105439
[e-mail]
Melinda M. Morton, Bar No. 209373
[e-mail]
BERGESON, LLP
303 Almaden Boulevard, Suite 500
San Jose, CA 95110-2712
Telephone: [phone]
Facsimile: [phone]

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Of Counsel:

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Michael E. Joffre
16 Aaron M. Panner

KELLOGG, HUBER, HANSEN, TODD, EVANS &
FIGEL, PLLC
1615 M Street N.W., #400
18 Washington, D.C. 20036
Telephone: [phone]
19 Facsimile: [phone]
17

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Attorneys for Cellco Partnership d/b/a Verizon Wireless

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NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE
BRIEF OF AMICUS CURIAE

Case No. 11-cv-01846-LHK