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

Filing 348

OPPOSITION (re #346 Administrative Motion to File Under Seal Samsung's Motion to Compel Apple to Produce Documents and Things ) Apple's Opposition to Samsung's Motion to Shorten Time on Motion to Compel Apple to Produce Documents and Things filed by Apple Inc.. (Jacobs, Michael) (Filed on 10/31/2011) Modified text on 11/1/2011 (dhm, COURT STAFF).

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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]
RICHARD S.J. HUNG (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]

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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]

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,

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

Case No. 11-cv-01846-LHK
APPLE’S OPPOSITION TO SAMSUNG’S
MOTION TO SHORTEN TIME ON
MOTION TO COMPEL APPLE TO
PRODUCE DOCUMENTS AND THINGS
Date:
Time:
Place:
Judge:

November 1, 2011
3:00 p.m.
Courtroom 5
Hon. Paul S. Grewal

Defendants.

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APPLE’S OPP. TO SAMSUNG’S MOT. TO SHORTEN TIME ON MOT. TO COMPEL
CASE NO. 11-CV-01846-LHK
sf-3064984

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Samsung has moved to shorten time on a motion to compel that it delivered just before

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midnight on Friday night, October 28. Samsung requests that Apple’s opposition be due Monday,

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October 31, 2011, at 4:00 p.m.

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Samsung’s motion to compel is unnecessary and inconsistent with the parties’ lead

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counsel meet and confer discussions on Thursday, and plainly a reaction to Apple’s motion for a

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protective order filed Thursday morning. As of earlier in the day Friday, the parties had initiated

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steps based on meet and confer discussions that appeared to satisfy both parties regarding the

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issues raised by Samsung’s motion. Apple agreed to provide all of the requested items that it

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could locate and agreed to describe its search in an interrogatory response to be delivered on

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shortened time.
Since then, Apple has continued to search for and make available materials that would be

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responsive to Samsung’s requests, including over the weekend, when Apple made additional

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items available for Samsung to inspect at Morrison & Foerster offices. That inspection occurred

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Sunday at 1:00 pm in Morrison & Foerster’s Palo Alto office.

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Apple is also preparing a response that explains its search and these events. There is no

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need for a motion, let alone a request to shorten time, and Samsung’s request should be denied.

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If, however, the Court believes that the request to shorten time should be granted, Apple

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requests that it have until 9:00 p.m. Monday to file its opposition and until 8:00 a.m. (or whatever

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hour in the morning the Court would request) on Tuesday to lodge its opposition and supporting

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papers. Apple will provide courtesy copies of the papers being lodged directly to Chambers. The

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additional time is necessary so that Apple can gather and submit complete and accurate

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responsive information.

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Dated: October 31, 2011

MORRISON & FOERSTER LLP

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By:

/s/ Michael A. Jacobs
Michael A. Jacobs
Attorneys for Plaintiff
APPLE INC.

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APPLE’S OPP. TO SAMSUNG’S MOT. TO SHORTEN TIME ON MOT. TO COMPEL
CASE NO. 11-CV-01846-LHK
sf-3064984

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