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

Filing 372

Supplemental Statement Concerning Samsung's Motion to Compel re #346 Administrative Motion to File Under Seal by Apple Inc.. (Jacobs, Michael) (Filed on 11/7/2011) Modified text on 11/8/2011 (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 SUPPLEMENTAL
STATEMENT CONCERNING
SAMSUNG’S MOTION TO COMPEL
Date:
Time:
Place:
Judge:

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

Defendants.

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APPLE’S SUPPLEMENTAL STATEMENT CONCERNING SAMSUNG’S MOTION TO COMPEL
CASE NO. 11-CV-01846-LHK
pa-1495899

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On October 28, 2011, Samsung moved to compel production of certain physical models

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and photographs that it believed were in Apple’s possession. The motion was argued on

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November 1. This Supplement updates the Court on recent events.

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By the time the motion was filed, Apple had made 27 physical objects and models

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available to Samsung’s counsel. After the motion was filed but before it was argued, Apple made

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15 additional models available to Samsung’s counsel. One issue regarding the models remained –

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whether one of them matched photographs submitted during prosecution of the United States

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Design Patent Number 504,889. As of the hearing, Apple was unable to answer that question.

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Apple continued to work on that question during the remainder of the week. By Friday

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morning, November 4, 2011, Apple had verified that one of the recently located models was the

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item depicted in the photographs. That morning, Apple informed Samsung that it would stipulate

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to this fact and has specifically identified the item using a model number. That same day, Apple

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industrial designer Chris Stringer confirmed this identification in his deposition.

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As for the photographs, Apple has produced the best images it has been able to locate.

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Apple did so after searches of files and locations in Apple’s control, of files and locations in the

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control of Sterne Kessler, and of files and locations in the control of the Beyer law firm. (Apple

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also obtained the best copies available from the Patent Office.) Collectively, these searches

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reflect all the attorneys or individuals that were involved in the prosecution of the D'889 patent or

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who had possession of the prosecution file. Apple does not know where else to look, but is, of

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course, willing to search other locations that Samsung’s attorneys reasonably believe would

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contain the images.

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Apple submits that the foregoing moots Samsung’s motion.
Dated: November 7, 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 SUPPLEMENTAL STATEMENT CONCERNING SAMSUNG’S MOTION TO COMPEL
CASE NO. 11-CV-01846-LHK
pa-1495899