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

Filing 272

MOTION for Leave to File Excess Pages Motion for Administrative Relief to Exceed Page Limit filed by Apple Inc.. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Proposed Order)(Bartlett, Jason) (Filed on 9/29/2011)

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HAROLD J. MCELHINNY (CA SBN 66781)
[e-mail]
MICHAEL A. JACOBS (CA SBN 111664)
[e-mail]
JENNIFER LEE TAYLOR (CA SBN 161368)
[e-mail]
ALISON M. TUCHER (CA SBN 171363)
[e-mail]
JASON BARTLETT (CA SBN 197425)
[e-mail]
JASON R. BARTLETT (CA SBN 214530)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: [phone]

WILLIAM F. LEE
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Telephone: [phone]
Facsimile: [phone]
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]

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Attorneys for Plaintiff and
Counterclaim-Defendant 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.
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.,

Case No.

11-cv-01846-LHK

DECLARATION OF JASON
BARTLETT IN SUPPORT OF
APPLE’S ADMINISTRATIVE
MOTION TO EXCEED PAGE
LIMIT

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Defendants.
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DECLARATION OF J. BARTLETT IN SUPPORT OF APPLE’S MOTION TO EXCEED PAGE LIMIT
CASE NO. 11-cv-01846-LHK
sf-3051487

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I, Jason Bartlett, do hereby declare as follows:

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1.

I am a partner at the law firm of Morrison & Foerster LLP, attorneys of record in

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this action for plaintiff Apple Inc. (“Apple”). I submit this declaration in support of Apple’s

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motion for administrative relief to exceed the page limits set by L.R. 7-4(b). Unless otherwise

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indicated, I have personal knowledge of the matters set forth below. If called as a witness, I could

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and would testify competently as follows.

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2.

On Wednesday, September 28, 2011, I informed counsel for Samsung Electronics

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Co., Ltd., Samsung Electronics America, Inc. and Samsung Telecommunication America, LLC

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(collectively, “Samsung”) that Apple would be moving to exceed the page limit in connection

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with its Reply in support of its Motion for a Preliminary Injunction to be filed on Friday,

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September 30, 2011. (See Ex. A, Email from J. Bartlett to V. Maroulis, attached hereto.) The

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next day, counsel for Samsung refused to agree to Apple’s request to file a 30-page reply brief.

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(Id., Ex. B, September 29, 2011 Email from V. Maroulis to J. Bartlett.) The same day, counsel

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for Apple repeated its request and asked Samsung to reconsider its refusal. (Id., Ex. C, September

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29, 2011 Email from W. Overson to V. Maroulis.) Counsel for Samsung then responded by

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agreeing to Apple’s request to file a 30-page Reply brief, contingent upon Apple’s agreement to

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make available for deposition any Reply declarants. (Id., Ex. D, September 29, 2011 Email from

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V. Maroulis to W. Overson.) Apple responded that Samsung’s proposed approach was not

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responsive to its request, and that such depositions would conflict with the Court’s scheduling

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order, but that it would meet and confer on the depositions after Samsung had reviewed the Reply

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declarations. Samsung was not satisfied with this response and declined to agree to the extension.

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(Id., Ex. E, September 29, 2011 Email of W. Overson to V. Maroulis; Ex. F, September 29, 2011

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Email of J. Bartlett to V. Maroulis; Ex. G, September 29, 2011 Email of K. Johnson to W.

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Overson.)

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DECLARATION OF J. BARTLETT IN SUPPORT OF APPLE’S MOTION TO EXCEED PAGE LIMIT
CASE NO. 11-cv-01846-LHK
sf-3051487

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I declare under the penalty of perjury under the laws of the United States of America that
the forgoing is true and correct. Executed on September 29, 2011 at San Francisco, California.

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By: /s/ Jason Bartlett___________
Jason Bartlett

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DECLARATION OF J. BARTLETT IN SUPPORT OF APPLE’S MOTION TO EXCEED PAGE LIMIT
CASE NO. 11-cv-01846-LHK
sf-3051487

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