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

Filing 285

MOTION to Shorten Time for Briefing and Hearing on #283 Samsung's Motion to Compel, filed by Samsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (Attachments: #1 Kassabian Declaration, #2 Proposed Order)(Maroulis, Victoria) (Filed on 10/1/2011) Modified on 10/3/2011 linking entry to document #283 (dhm, COURT STAFF).

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1 QUINN EMANUEL URQUHART & SULLIVAN, LLP Charles K. Verhoeven (Cal. Bar No. 170151)  charlesverhoeven@quinnemanuel.com 50 California Street, 22nd Floor  San Francisco, California 94111 Telephone: (415) 875-6600  Facsimile: (415) 875-6700  Kevin P.B. Johnson (Cal. Bar No. 177129) kevinjohnson@quinnemanuel.com  Victoria F. Maroulis (Cal. Bar No. 202603) victoriamaroulis@quinnemanuel.com  555 Twin Dolphin Drive 5th Floor Redwood Shores, California 94065  Telephone: (650) 801-5000 Facsimile: (650) 801-5100  Michael T. Zeller (Cal. Bar No. 196417)  michaelzeller@quinnemanuel.com 865 S. Figueroa St., 10th Floor  Los Angeles, California 90017 Telephone: (213) 443-3000  Facsimile: (213) 443-3100  Attorneys for SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS  AMERICA, INC. and SAMSUNG TELECOMMUNICATIONS AMERICA, LLC   UNITED STATES DISTRICT COURT  NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION  APPLE INC., a California corporation, CASE NO. 11-cv-01846-LHK  SAMSUNG’S MOTION TO SHORTEN TIME FOR BRIEFING AND HEARING ON ITS MOTION TO COMPEL  Plaintiff, 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.      02198.51855/4376419.1 Case No. 11-cv-01846-LHK SAMSUNG’S MOTION TO SHORTEN TIME FOR BRIEFING AND HEARING ON ITS MOTION TO COMPEL________ 1 Pursuant to Civil L.R. 6-3, Defendants Samsung Electronics Co. Ltd., Samsung Electronics 2 America, Inc., and Samsung Telecommunications America, LLC (collectively, “Samsung”) 3 hereby bring this motion to shorten time for the briefing and hearing schedule on Samsung’s 4 Motion to Compel Apple to Schedule Inventor and Prosecuting Attorney Depositions (the 5 “Motion to Compel”). Specifically, Samsung requests that: 1. Apple’s opposition to the Motion to Compel be filed by 8:00 a.m. on Tuesday, 6 7 October 4, 2011 (Samsung will waive its reply if the hearing is set for October 4, 8 2011 in order to have this matter heard as expeditiously as possible); and 9 2. The hearing be set for October 4, 2011, at 10:00 a.m., or as soon thereafter as the 10 matter may be heard. 11 The shortened briefing and hearing schedule is necessary because if it were set pursuant to 12 the local rules, the hearing on Samsung’s Motion to Compel would not occur until November 8, 13 2011. However, Samsung’s motion seeks to compel the depositions of numerous witnesses that 14 the Court previously ordered Apple to produce by November 1, 2011. (Dkt No. 187 at 1.) 15 More specifically, pursuant to the Court’s Case Management Order, Apple is required to produce 16 for deposition any and all of the inventors and prosecuting attorneys on Apple’s 15 asserted 17 patents (48 persons in total) by November 1, 2011. (Id.) However, as of today, and despite 18 Samsung’s repeated efforts, Apple has failed to provide even a single confirmed deposition date 19 for 15 of those deponents, including virtually all of its design patent inventors who are current 20 Apple employees and thus completely within Apple’s control. Indeed, Apple has not even 21 provided a date certain by which it will agree to schedule the depositions. And worse, it appears 22 that Apple intends for tactical reasons to jam the vast majority of these key depositions into a 23 small, eleven-day window that will impede fair and orderly discovery. Samsung cannot risk the 24 prejudice that it would suffer if it is denied the opportunity to take the depositions, and thus needs 25 Court relief to compel Apple to meet its previously ordered discovery obligations. Unless the 26 Court grants an expedited briefing schedule, Samsung will have no opportunity to obtain relief 27 from the Court until after the November 1 deadline has passed. 28 02198.51855/4376419.1 Furthermore, at Apple’s request, Case No. 11-cv-01846-LHK -1SAMSUNG’S MOTION TO SHORTEN TIME FOR BRIEFING AND HEARING ON ITS MOTION TO COMPEL________ 1 this Court recently granted expedited briefing on an Apple motion to compel that raised more 2 complex issues on a comparable schedule as is sought here. (Dkt No. 255.) 3 Lead counsel for Samsung and Apple have met and conferred regarding the Motion to 4 Compel and the expedited briefing schedule, but Apple is unwilling to give Samsung the relief it 5 seeks. (Declaration of Rachel Herrick Kassabian in Support of Samsung’s Motion to Shorten the 6 Time for Hearing and Briefing Its Motion to Compel, ¶ 2.) 7 For the foregoing reasons, Samsung respectfully requests that the Court advance the 8 motion hearing date for Samsung’s Motion to Compel to Tuesday, October 4, 2011 at 10:00 a.m. 9 and amend the briefing schedule as outlined above. 10 11 DATED: October 1, 2011 12 QUINN EMANUEL URQUHART & SULLIVAN, LLP 13 14 15 16 17 18 19 By /s/ Victoria F. Maroulis Charles K. Verhoeven Kevin P.B. Johnson Victoria F. Maroulis Michael T. Zeller Rachel Herrick Kassabian Attorneys for SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC., and SAMSUNG TELECOMMUNICATIONS AMERICA, LLC 20 21 22 23 24 25 26 27 28 02198.51855/4376419.1 Case No. 11-cv-01846-LHK -2SAMSUNG’S MOTION TO SHORTEN TIME FOR BRIEFING AND HEARING ON ITS MOTION TO COMPEL________

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