Apple Inc. v. Samsung Electronics Co. Ltd. et al
Filing
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MOTION to Shorten Time ON #263 MOTION FOR LEAVE TO FILE BRIEF OF AMICUS CURIAE T-MOBILE REGARDING APPLE INC.S MOTION FOR A PRELIMINARY INJUNCTION filed by T-Mobile USA, Inc.. (Attachments: #1 Declaration Yang ISO Motion to Shorten Time, #2 Exhibit Exhibit A, #3 Proposed Order)(Bettinger, Michael) (Filed on 9/28/2011) Modified on 9/29/2011 linking entry to document #263 (dhm, COURT STAFF).
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MICHAEL J. BETTINGER (SBN 122196)
IRENE YANG (SBN 245464)
K&L GATES LLP
4 Embarcadero Center, Suite 1200
San Francisco, California 94111-5994
Telephone: 415.882.8200
Facsimile: 415.882.8220
mike.bettinger@klgates.com
irene.yang@klgates.com
Of Counsel:
MICHAEL J. ABERNATHY
BRIAN J. ARNOLD
K&L GATES LLP
70 West Madison Street, Suite 3100
Chicago, Illinois 560602
Telephone: (312) 372-1121
Facsimile: (312) 827-8000
mike.abernathy@klgates.com
brian.arnold@klgates.com
Attorneys for Amicus Curiae
T-MOBILE USA, 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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vs.
SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity; SAMSUNG
ELECTRONICS AMERICA, INC., a New
York corporation; SAMSUNG
TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,
Defendants.
CASE NO. 11-cv-01846-LHK
DECLARATION OF IRENE YANG IN
SUPPORT OF MOTION FOR ORDER
SHORTENING TIME ON MOTION FOR
LEAVE TO FILE BRIEF OF AMICUS
CURIAE T-MOBILE REGARDING
APPLE INC.’S MOTION FOR A
PRELIMINARY INJUNCTION AND FOR
LEAVE TO APPEAR AT PRELIMINARY
INJUNCTION HEARING
Judge: Hon. Lucy H. Koh
Courtroom 8, 4th Floor
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_________________________________________________________________________________
Declaration of Irene Yang in Support of Motion for Order Shortening Time
Case No. 11-cv-01846-LHK
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I, Irene Yang, declare as follows:
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1.
I am an attorney in the law firm of K&L Gates LLP, counsel for amicus curiae T-
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Mobile USA, Inc. (“T-Mobile”), and a member of the Bar of this Court. I make each of the
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statements below based on my personal knowledge, and if called as a witness, I could and would
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testify as to their truthfulness.
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2.
T-Mobile is a nationwide wireless carrier that carries a variety of Samsung handheld
devices. It is not a party to the above-captioned litigation.
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On July 1, 2011, Apple filed a Motion for a Preliminary Injunction against Samsung
devices, including the Galaxy S 4G smartphone and Galaxy Tab 10.1 tablet (“Samsung Galaxy
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devices”). Dkt. No. 86. On July 18, 2011, this Court issued an expedited scheduling order setting the
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hearing on Apple’s P.I. Motion for October 13, 2011. Dkt. No. 115.
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4.
T-Mobile would be directly and substantially affected should Apple’s P.I. Motion be
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granted and the Samsung Galaxy devices be enjoined. T-Mobile has already prepared its 2011
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holiday sales season advertising campaign, prominently featuring the Samsung Galaxy devices. T-
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Mobile is in a position to describe the harms that would befall it, its business, and its U.S. customers
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should the requested injunction issue during the holiday sales season.
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5.
Without a shortened briefing and hearing schedule to decide whether T-Mobile may
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file its amicus brief, attached to T-Mobile’s concurrently-filed Motion for Leave to File Brief of
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Amicus Curiae T-Mobile USA, Inc. Regarding Apple Inc.’s Motion for a Preliminary Injunction and
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for Leave to Appear at the Preliminary Injunction Hearing (“Motion for Leave”), T-Mobile’s
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interests in the outcome of Apple’s P.I. Motion are unlikely to be fully explained to the Court. This
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would cause T-Mobile to be substantially harmed and prejudiced.
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6.
With K&L Gates LLP partner Shane Brun, I contacted counsel for Apple, Jason
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Bartlett, on September 28, 2011, and counsel for Samsung, Victoria Maroulis, on September 27,
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2011, in an effort to obtain agreement to a shortened schedule for the Motion for Leave and/or
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agreement not to oppose T-Mobile’s Motion for Leave. Counsel for Apple indicated that Apple
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opposes and referred T-Mobile to Apple’s Opposition to Cellco/Verizon Wireless’s Motion for Leave
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to File Amicus Brief Regarding Apple’s Motion for a Preliminary Injunction (Dkt. No. 262).
Declaration of Irene Yang in Support of Motion for Order Shortening Time
Case No. 11-cv-01846-LHK
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