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

Filing 265

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: [phone]
Facsimile: 415.882.8220
[e-mail]
[e-mail]
Of Counsel:
MICHAEL J. ABERNATHY
BRIAN J. ARNOLD
K&L GATES LLP
70 West Madison Street, Suite 3100
Chicago, Illinois 560602
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
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.
3.

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