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

Filing 292

ORDER by Judge Paul S. Grewal granting-in-part #283 Motion to Compel (psglc2, COURT STAFF) (Filed on 10/4/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
For the Northern District of California

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APPLE, INC.,

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Plaintiff,
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v.
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SAMSUNG ELECTRONICS CO., LTD, a
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Korean corporation; SAMSUNG
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ELECTRONICS AMERICA, INC., a New York )
corporation; and SAMSUNG
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TELECOMMUNICATIONS AMERICA, LLC,
a Delaware limited liability company,

Case No.: C 11-1846 LHK (PSG)
ORDER GRANTING-IN-PART
DEFENDANT’S MOTION TO
COMPEL
(Re: Docket No. 283)

Defendants.

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Defendants Samsung Electronics Co., LTD., Samsung Electronics America, Inc., and

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Samsung Telecommunications America, LLC (collectively “Samsung”) move to compel Apple to

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schedule inventor depositions in accordance with the court’s scheduling order of August 25, 2011 1

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and seek an extension of the November 1, 2011 deadline for completion of the depositions in order

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to allow for fair preparation and effective, orderly discovery. Specifically, Samsung seeks to

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depose the 15 design patent inventors, 2 noticed by Samsung, in an orderly fashion on every other

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See Docket No. 187.

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The court notes that Samsung’s caption on its motion indicates that it also seeks relief regarding
the scheduling of prosecuting attorney depositions. Samsung’s arguments, however, as well as its
oral presentation, focused exclusively on the scheduling of depositions of design patent inventors.
The court therefore will do the same.
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Case No.: C 11-1846 LHK (PSG)
ORDER GRANTING-IN-PART DEFENDANT’S MOTION TO COMPEL

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business day between October 14 and November 14, 2011. 3 Apple responds that, as of today’s

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hearing, it has offered dates for several of the depositions already and will provide dates for the

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remaining depositions before the deadline. The parties appeared telephonically for oral argument

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on the motion earlier this evening.

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The parties’ papers set forth the details of their respective positions. The court will not
repeat those arguments here and will simply rule as follows.

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It is HEREBY ORDERED that:

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1.

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United States District Court
For the Northern District of California

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for each remaining inventor deposition.

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No later than Thursday, October 6, 2011, at 2:00 p.m., Apple shall tender the dates

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The depositions shall be completed as soon as possible and in any event no later

than October 31, 2011, in compliance with the court’s previously-established deadline.

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3.

Apple is to undertake all reasonable efforts to avoid multiple booking of inventor

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depositions.
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4.

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To the extent a dispute regarding scheduling of these depositions remains, the court

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will entertain a request for a further telephonic argument without delay. The parties are warned,

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however, that a further argument on this dispute will likely result in the issuance of sanctions.

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All other relief requested by Samsung is DENIED.
IT IS SO ORDERED.
Dated: October 4, 2011

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_________________________________
PAUL S. GREWAL
United States Magistrate Judge

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Samsung has indicated its preference for starting the design patent depositions earlier than
October 14, but has offered that date based on Apple’s representations that it would not be able to
schedule those inventor depositions prior to the 14th.
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Case No.: C 11-1846 LHK (PSG)
ORDER GRANTING-IN-PART DEFENDANT’S MOTION TO COMPEL