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

Filing 443

STIPULATION and [Proposed] Order Extending Briefing Schedule for Samsung's Motion to Dismiss Apple's Amended Counterclaims by Apple Inc.. (Attachments: #1 Declaration)(Selwyn, Mark) (Filed on 12/1/2011)

1
2
3
4
5
6

HAROLD J. MCELHINNY (CA SBN 66781)
[e-mail]
MICHAEL A. JACOBS (CA SBN 111664)
[e-mail]
RICHARD S.J. HUNG (CA SBN 197425)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: [phone]

WILLIAM F. LEE (pro hac vice)
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, Massachusetts 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]

7
8
9
10
11

Attorneys for Plaintiff and
Counterclaim-Defendant Apple Inc.

12
13

UNITED STATES DISTRICT COURT

14
NORTHERN DISTRICT OF CALIFORNIA
15
SAN JOSE DIVISION

16
17

APPLE INC., a California corporation,

18

Plaintiffs,

19
20
21
22

Case No.

vs.
SELWYN DECLARATION IN SUPPORT
OF JOINT STIPULATION AND
[PROPOSED] ORDER EXTENDING
BRIEFING SCHEDULE FOR
SAMSUNG’S MOTION TO DISMISS
APPLE’S AMENDED
COUNTERCLAIMS

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

23
24

4:11-CV-01846-LHK

Defendants.
Date:
Time:
Place:
Judge:

25
26

April 5, 2012
1:30 p.m.
Courtroom 8, 4th Floor
Hon. Lucy H. Koh

27
28

1

SELWYN DECLARATION IN SUPPORT OF JOINT
STIPULATION AND [PROPOSED] ORDER EXTENDING
BRIEFING SCHEDULE FOR SAMSUNG’S MOTION TO
DISMISS APPLE’S AMENDED COUNTERCLAIMS
Case No. 4:11-cv-01846 (LHK)

OPPOS
FOR

1
2
3
4

SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity, SAMSUNG
ELECTRONICS AMERICA, INC., a New
York corporation, and SAMSUNG
TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company, a
California corporation,

5
Counterclaim-Plaintiff,

6
7

v.

8

APPLE INC., a California corporation,

9

Counterclaim-Defendants.

10
11
12

I, Mark D. Selwyn, declare as follows:
1.

13

I am a partner in the law firm of Wilmer Cutler Pickering Hale and Dorr

14

LLP, counsel for Apple Inc. (“Apple”) in this action. I have personal knowledge of the facts set

15

forth in this declaration and, if called upon as a witness, I could and would testify to such facts

16

under oath.

17
2.

This declaration is submitted in support of the proposed stipulation and

18
19

order filed jointly by Apple and Samsung requesting an order from this Court extending the

20

briefing schedule for Samsung’s Motion to Dismiss Apple’s Amended Counterclaims (“Motion

21

to Dismiss”).

22

3.
4.

23

On November 22, 2011, Samsung filed its Motion to Dismiss.
Apple’s opposition to Samsung’s Motions to Dismiss is due on December

5.

Samsung’s reply is due on December 13, 2011.

24
6, 2011.
25
26
27
28

2

SELWYN DECLARATION IN SUPPORT OF JOINT
STIPULATION AND [PROPOSED] ORDER EXTENDING
BRIEFING SCHEDULE FOR SAMSUNG’S MOTION TO
DISMISS APPLE’S AMENDED COUNTERCLAIMS
Case No. 4:11-cv-01846 (LHK)

OPPOS
FOR

6. The Court has scheduled a hearing on Samsung’s Motion to Dismiss at 1:30

1
2

p.m. on April 5, 2012.

3

7.

The parties have met and conferred regarding the briefing schedule on

4
Samsung’s Motion to Dismiss, and have agreed to as follows:
5
a.

6
7

would be extended fourteen (14) days, up to and including December 20; and

8
9

The time for Apple to respond to Samsung’s Motion to Dismiss

b.

Samsung would file its reply in support of its Motion to Dismiss

by January 9, 2012.

10

8.

Previous time modifications in this case, whether by stipulation or Court

11
12

order, include the following:
a.

13
14

time for briefing and hearing on its motion to expedite discovery. (Dkt No. 26.)

15
16
17

On April 26, 2011, the Court granted Apple’s motion to shorten

b.

On May 9, 2011, Apple and Samsung stipulated and agreed that

the time for Samsung to serve responsive pleadings pursuant to Rule 12(a) shall be 75 days after
April 21, 2011. On May 10, 2011, the Court signed the Stipulation and Order regarding an

18
19

extension of time for Samsung to serve responsible pleadings.
c.

20

On June 1, 2011, the Court granted in part Samsung’s request to

21

shorten time for hearing and briefing on Samsung’s Motion to Compel Reciprocal Expedited

22

Discovery.

23

d.

On July 18, 2011, the Court ordered a briefing schedule related to

24
expedited discovery and Apple’s motion for a preliminary injunctions, setting dates from July
25
26

2011 through the October 13, 2011 hearing on Apple’s Motion for Preliminary Injunction.

27
28

3

SELWYN DECLARATION IN SUPPORT OF JOINT
STIPULATION AND [PROPOSED] ORDER EXTENDING
BRIEFING SCHEDULE FOR SAMSUNG’S MOTION TO
DISMISS APPLE’S AMENDED COUNTERCLAIMS
Case No. 4:11-cv-01846 (LHK)

OPPOS
FOR

e.

1
2
3

On July 20, 2011, the parties stipulated to altering the briefing

schedule on Samsung’s Motion to Disqualify Bridges and Mavrakakis LLP to reflect the Court’s
change in hearing dates, extending the time for both Apple’s opposition and Samsung’s reply by

4
seven days to August 1 and August 8, respectively.
5
f.

6
7

discovery deadline from August 8 until August 16.

8
9
10

On August 8, 2011, the parties stipulated to extend Samsung’s

g.

On September 1, 2011, the Court granted the parties’ stipulation to

an expedited briefing schedule for Samsung’s Motion to Compel Apple to Produce Documents
and Things in Response to Samsung’s Request for Production No. 1 and Further Responses to

11
12

Interrogatories Nos. 1, 3, and 6, setting the hearing on Samsung’s motion to compel for

13

September 13, 2011, the deadline for Apple’s opposition on September 9, 2011, and the deadline

14

for Samsung’s reply on September 12, 2011.

15
16
17

9.

This stipulation does not affect the currently scheduled hearing date of

10.

No other deadlines or hearing dates are affected by this stipulation and

April 5, 2012.

18
19
20
21

[proposed] order.
I declare under penalty of perjury that the foregoing is true and correct. Executed on
December 1, 2011 in Palo Alto, California.

22
23

/s/ Mark D. Selwyn
MARK D. SELWYN

24
25
26
27
28

4

SELWYN DECLARATION IN SUPPORT OF JOINT
STIPULATION AND [PROPOSED] ORDER EXTENDING
BRIEFING SCHEDULE FOR SAMSUNG’S MOTION TO
DISMISS APPLE’S AMENDED COUNTERCLAIMS
Case No. 4:11-cv-01846 (LHK)

OPPOS
FOR