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)

Exhibit G

From: Overson, Wesley E.
Sent: Thursday, September 29, 2011 6:38 PM
To: 'Kevin Johnson'; Victoria Maroulis; Bartlett, Jason R.; Sara Jenkins; Melissa Chan
Cc: Hung, Richard S. J.; McElhinny, Harold J.; Jacobs, Michael A.
Subject: RE: Apple v. Samsung - Motions related to PI Reply
Kevin,

Our declarations will be truly rebuttal in nature, and the schedule provides that Apple gets to have the last
word here. You have apparently concluded that you need further depositions even before you have seen
the declarations. If, after reviewing the declarations, you disagree that they are rebuttal in nature, then we
can hear you out on that. However, we will not agree to depositions of all declarants across the board.
It is unfortunate that you have linked this issue to our request for a page limit extension. Tonight we will
be filing a motion to extend the page limit that could have been avoided.
Regards,
Wes

From: Kevin Johnson [mailto:[e-mail]]
Sent: Thursday, September 29, 2011 4:57 PM
To: Overson, Wesley E.; Victoria Maroulis; Bartlett, Jason R.; Sara Jenkins; Melissa Chan
Cc: Hung, Richard S. J.; McElhinny, Harold J.; Jacobs, Michael A.
Subject: RE: Apple v. Samsung - Motions related to PI Reply

Wes,
I reviewed Jason’s response. Telling us that we should first review the declarations and then we will
meet and confer on the issue doesn’t answer the question as to whether Apple will make its declarants
available. If Samsung decides it wants to pursue the depositions, will Apple agree? Has Apple confirmed
the witnesses are available? Given the short amount of time before the hearing, I am sure you
understand where we are coming from.
Best,
Kevin
From: Overson, Wesley E. [mailto:[e-mail]]
Sent: Thursday, September 29, 2011 4:19 PM
To: Kevin Johnson; Victoria Maroulis; Bartlett, Jason R.; Sara Jenkins; Melissa Chan
Cc: Hung, Richard S. J.; McElhinny, Harold J.; Jacobs, Michael A.

Apple v. Samsung - Motions related to PI Reply

Page 2 of 6

Subject: RE: Apple v. Samsung - Motions related to PI Reply
Kevin,
I just asked Jason to send it to you.
Please confirm that you agree to the 30-page reply brief.
Regards,
Wes

From: Kevin Johnson [mailto:[e-mail]]
Sent: Thursday, September 29, 2011 4:08 PM
To: Overson, Wesley E.; Victoria Maroulis; Bartlett, Jason R.; Sara Jenkins; Melissa Chan
Cc: Hung, Richard S. J.; McElhinny, Harold J.; Jacobs, Michael A.
Subject: RE: Apple v. Samsung - Motions related to PI Reply

Wes,
We unconditionally offered 25 pages for Apple’s reply brief. Apple said 25 pages is not enough. Apple wants 30
pages. We are inclined to grant the extra pages but I ask for the courtesy of a response to our previous inquiries on
whether Apple will make its reply declarants available for deposition. I do not understand why Apple will not
commit to making any of its declarants available for deposition. Is it because Apple will oppose our attempt to
depose any declarants? Surely Apple has a position on this issue. What is it?
Best,
Kevin
From: Overson, Wesley E. [mailto:[e-mail]]
Sent: Thursday, September 29, 2011 3:54 PM
To: Victoria Maroulis; Bartlett, Jason R.; Sara Jenkins; Melissa Chan
Cc: Hung, Richard S. J.; Kevin Johnson; McElhinny, Harold J.; Jacobs, Michael A.
Subject: RE: Apple v. Samsung - Motions related to PI Reply
Victoria,
We asked for a simple agreement on extra pages to avoid having to file a motion. We are seeking the reciprocal
professional courtesy that we extended to Samsung and your Firm. We are not seeking a conditional approval.
Please let us know whether you will agree to our request or agree not to oppose our motion.
Regards,
Wes

From: Victoria Maroulis [mailto:[e-mail]]
Sent: Thursday, September 29, 2011 2:58 PM
To: Overson, Wesley E.; Bartlett, Jason R.; Sara Jenkins; Melissa Chan
Cc: Hung, Richard S. J.; Kevin Johnson; McElhinny, Harold J.; Jacobs, Michael A.
Subject: RE: Apple v. Samsung - Motions related to PI Reply

Wes,

9/29/2011

Apple v. Samsung - Motions related to PI Reply

Page 3 of 6

We will agree on 15 extra pages provided Apple confirms that it will make any reply declarants available for
deposition next week. Please confirm.
Thanks.

Victoria Maroulis
Partner,

Quinn Emanuel Urquhart & Sullivan, LLP
555 Twin Dolphin Drive, 5th Floor
Redwood Shores, CA 94065
650-801-5022 Direct
650.801.5000 Main Office Number
650.801.5100 FAX
[e-mail]
www.quinnemanuel.com
NOTICE: The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named above. This
message may be an attorney-client communication and/or work product and as such is privileged and confidential. If the reader of this message is not the
intended recipient or agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and
that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify
us immediately by e-mail, and delete the original message.

From: Overson, Wesley E. [mailto:[e-mail]]
Sent: Thursday, September 29, 2011 1:27 PM
To: Victoria Maroulis; Bartlett, Jason R.; Sara Jenkins; Melissa Chan
Cc: Hung, Richard S. J.; Kevin Johnson; McElhinny, Harold J.; Jacobs, Michael A.
Subject: RE: Apple v. Samsung - Motions related to PI Reply
Victoria,
We accomodated your request for an extra 15 pages on your opposition. We would ask that you reconsider and
agree to this comparable request.
Jason is responding to your question about Reply declarations in a separate email.
Regards,
Wes

From: Victoria Maroulis [mailto:[e-mail]]
Sent: Thursday, September 29, 2011 6:46 AM
To: Bartlett, Jason R.; Sara Jenkins; Melissa Chan
Cc: Overson, Wesley E.; Hung, Richard S. J.
Subject: RE: Apple v. Samsung - Motions related to PI Reply

Samsung concurs with filing under seal.
30 pages is excessive as it doubles Apple’s reply, particularly considering that Samsung approved significant number
of additional pages for Apple’s moving papers. Solely to avoid motion practice, Samsung will agree to a reply brief
of 25 pages.
I have not received a response to my correspondence regarding whether Apple will submit reply declarations.

9/29/2011

Apple v. Samsung - Motions related to PI Reply

Page 4 of 6

Please respond at your earliest convenience.

Victoria Maroulis
Partner,

Quinn Emanuel Urquhart & Sullivan, LLP
555 Twin Dolphin Drive, 5th Floor
Redwood Shores, CA 94065
650-801-5022 Direct
650.801.5000 Main Office Number
650.801.5100 FAX
[e-mail]
www.quinnemanuel.com
NOTICE: The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named above. This
message may be an attorney-client communication and/or work product and as such is privileged and confidential. If the reader of this message is not the
intended recipient or agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and
that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify
us immediately by e-mail, and delete the original message.

From: Bartlett, Jason R. [mailto:[e-mail]]
Sent: Wednesday, September 28, 2011 7:42 PM
To: Victoria Maroulis; Sara Jenkins; Melissa Chan
Cc: Overson, Wesley E.; Hung, Richard S. J.
Subject: Apple v. Samsung - Motions related to PI Reply

Counsel,
Apple plans to request leave to file a 30 page reply in support of the motion for preliminary injunction. Apple also
plans to file its reply and supporting papers under seal because it will contain information designated as confidential.
Will Samsung stipulate to the extra pages and the filing under seal?
Sincerely,
Jason R. Bartlett
Morrison & Foerster
425 Market St.
San Francisco, CA 94105
Direct: 415.268.6615

--------------------------------------------------------------------To ensure compliance with requirements imposed by the IRS, Morrison & Foerster LLP informs you that,
if any advice concerning one or more U.S. Federal tax issues is contained in this communication (including
any attachments), such advice is not intended or written to be used, and cannot be used, for the purpose of
(i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to
another party any transaction or matter addressed herein.
For information about this legend, go to
http://www.mofo.com/Circular230/
============================================================================

9/29/2011

Apple v. Samsung - Motions related to PI Reply

Page 5 of 6

This message contains information which may be confidential and privileged. Unless you are the addressee
(or authorized to receive for the addressee), you may not use, copy or disclose to anyone the message or
any information contained in the message. If you have received the message in error, please advise the
sender by reply e-mail @mofo.com, and delete the message.
----------------------------------------------------------------------------------------------------------------------------------------To ensure compliance with requirements imposed by the IRS, Morrison & Foerster LLP informs you that,
if any advice concerning one or more U.S. Federal tax issues is contained in this communication (including
any attachments), such advice is not intended or written to be used, and cannot be used, for the purpose of
(i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to
another party any transaction or matter addressed herein.
For information about this legend, go to
http://www.mofo.com/Circular230/
============================================================================
This message contains information which may be confidential and privileged. Unless you are the addressee
(or authorized to receive for the addressee), you may not use, copy or disclose to anyone the message or
any information contained in the message. If you have received the message in error, please advise the
sender by reply e-mail @mofo.com, and delete the message.
----------------------------------------------------------------------------------------------------------------------------------------To ensure compliance with requirements imposed by the IRS, Morrison & Foerster LLP informs you that,
if any advice concerning one or more U.S. Federal tax issues is contained in this communication (including
any attachments), such advice is not intended or written to be used, and cannot be used, for the purpose of
(i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to
another party any transaction or matter addressed herein.
For information about this legend, go to
http://www.mofo.com/Circular230/
============================================================================
This message contains information which may be confidential and privileged. Unless you are the addressee
(or authorized to receive for the addressee), you may not use, copy or disclose to anyone the message or
any information contained in the message. If you have received the message in error, please advise the
sender by reply e-mail @mofo.com, and delete the message.
----------------------------------------------------------------------------------------------------------------------------------------To ensure compliance with requirements imposed by the IRS, Morrison & Foerster LLP informs you that,
if any advice concerning one or more U.S. Federal tax issues is contained in this communication (including
any attachments), such advice is not intended or written to be used, and cannot be used, for the purpose of

9/29/2011

Apple v. Samsung - Motions related to PI Reply

Page 6 of 6

(i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to
another party any transaction or matter addressed herein.
For information about this legend, go to
http://www.mofo.com/Circular230/
============================================================================
This message contains information which may be confidential and privileged. Unless you are the addressee
(or authorized to receive for the addressee), you may not use, copy or disclose to anyone the message or
any information contained in the message. If you have received the message in error, please advise the
sender by reply e-mail @mofo.com, and delete the message.
---------------------------------------------------------------------

9/29/2011