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

Filing 322

STIPULATION AND [PROPOSED] ORDER EXTENDING DEADLINE FOR DEPOSITIONS OF INVENTORS OF APPLE'S PATENTS by Apple Inc., Samsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (Attachments: #1 Declaration Melissa N. Chan In Support Of, #2 Declaration Teresa N. Burlison In Support Of)(Maroulis, Victoria) (Filed on 10/18/2011)

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Bar No. 170151)
2
[e-mail]
50 California Street, 22nd Floor
3 San Francisco, California 94111
Telephone: [phone]
4 Facsimile:
[phone]
5 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Kevin P.B. Johnson (Bar No. 177129)
6
[e-mail]
Victoria F. Maroulis (Bar No. 202603)
7
[e-mail]
555 Twin Dolphin Drive, 5th Floor
8 Redwood Shores, California 94065-2139
Telephone:
[phone]
9 Facsimile:
[phone]
10 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Michael T. Zeller (Bar No. 196417)
11
[e-mail]
865 S. Figueroa St., 10th Floor
12 Los Angeles, California 90017
Telephone: [phone]
13 Facsimile:
[phone]
14 Attorneys for SAMSUNG ELECTRONICS CO.,
LTD., SAMSUNG ELECTRONICS AMERICA,
15 INC. and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC
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17

UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

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20 APPLE INC., a California corporation,

CASE NO. 11-cv-01846-LHK

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DECLARATION OF MELISSA N. CHAN
IN SUPPORT OF STIPULATION AND
[PROPOSED] ORDER EXTENDING
DEADLINE FOR DEPOSITIONS OF
INVENTORS OF APPLE’S PATENTS
PURSUANT TO CIVIL L.R. 6-2(a)

22

Plaintiff,
vs.

23 SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity; SAMSUNG
24 ELECTRONICS AMERICA, INC., a New
York corporation; SAMSUNG
25 TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,
26
Defendant.
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Trial Date:

July 30, 2012

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Case No. 11-cv-01846-LHK
DECLARATION OF MELISSA N. CHAN IN SUPPORT OF STIPULATION AND [PROPOSED] ORDER

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I, Melissa N. Chan, declare as follows:

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1.

I am an associate with the law firm of Quinn Emanuel Urquhart & Sullivan LLP

3 and counsel for defendants and counter-claimants Samsung Electronics Co. Ltd., Samsung
4 Electronics America, Inc., and Samsung Telecommunications America, LLC (collectively,
5 “Samsung”). I submit this declaration in support of the parties’ stipulation and proposed order
6 extending the deadline for the depositions of several of the inventors of Apple’s patents, pursuant
7 to Civil L.R. 6-2. I am personally familiar with and knowledgeable about the facts stated in this
8 declaration and if called upon could and would testify competently as to the statements made
9 herein.
10

2.

On July 1, 2011, plaintiff Apple Inc. (“Apple”) filed a motion for an expedited trial

11 on its claims and for an early case management conference. See Dkt. No. 83. Samsung opposed
12 the motion. See Dkt. No. 111.
13

3.

On August 24, 2011, the Court held a case management conference and denied

14 Apple’s motion for an expedited trial, but granted a modified, expedited trial schedule as to both
15 Apple’s claims and Samsung’s counterclaims.
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4.

On August 25, 2011, the Court entered a Minute Order and Case Management

17 Order. See Dkt. No. 187. The Court ordered that the depositions of the inventors and prosecuting
18 attorneys for Apple’s patents must be completed by November 1, 2011, and that the depositions of
19 the inventors and prosecuting attorneys for Samsung’s patents must be completed by December 1,
20 2011. The Court also set the jury trial date for July 30, 2012.
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5.

Since the Court’s Order, the parties have worked to schedule the depositions of

22 their respective inventors and prosecuting attorneys.
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6.

On October 1, 2011, Samsung filed a motion to compel Apple to schedule the

24 depositions of its inventors. See Dkt. No. 283. The Court granted that motion in part, ordering
25 that Apple provide a schedule for the outstanding inventor depositions by no later than October 6,
26 2011, and that the depositions of Apple’s inventors and prosecuting attorneys “shall be completed
27 as soon as possible and in any event no later than October 31, 2011, in compliance with the court’s
28 previously-established deadline.” Dkt. No. 292.
Case No. 11-cv-01846-LHK
-2DECLARATION OF MELISSA N. CHAN IN SUPPORT OF STIPULATION AND [PROPOSED] ORDER

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7.

However, despite the parties’ best efforts to schedule all of the remaining

2 depositions of Apple’s inventors before November 1, 2011, the parties have not been able to
3 schedule the depositions of Jonathan Ive, Douglas Satzger, Shin Nishibori, and Christopher
4 Stringer before the November 1, 2011 deadline.
5

8.

The parties have not previously modified the Court’s August 25, 2011 Order setting

6 the briefing and hearing schedule for Apple’s preliminary injunction motion.
7

9.

The requested time modification should not have any effect on the remainder of the

8 schedule for this case.
9

I hereby declare under penalty of perjury under the laws of the United States that the

10 foregoing is true and correct.
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12 DATED: October 18, 2011
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QUINN EMANUEL URQUHART &
SULLIVAN, LLP

By

/s/ Melissa N. Chan
Melissa N. Chan
Attorneys for Defendants/Counter-Claimants
SAMSUNG ELECTRONICS CO., LTD.,
SAMSUNG ELECTRONICS AMERICA, INC.
and SAMSUNG TELECOMMUNICATIONS
AMERICA, LLC

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Case No. 11-cv-01846-LHK
-3DECLARATION OF MELISSA N. CHAN IN SUPPORT OF STIPULATION AND [PROPOSED] ORDER

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General Order 45 Attestation
I, Victoria F. Maroulis, am the ECF user whose ID and password are being used to file this

3 Declaration. In compliance with General Order 45(X)(B), I hereby attest that Melissa N. Chan has
4 concurred in this filing.
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/s/ Victoria Maroulis

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Case No. 11-cv-01846-LHK
-4DECLARATION OF MELISSA N. CHAN IN SUPPORT OF STIPULATION AND [PROPOSED] ORDER