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

Filing 464

MOTION to Shorten Timefor Briefing and Hearing on Apple's Motion to Compel Production of Documents and Things, filed by Apple Inc.. (Attachments: #1 Declaration, #2 Exhibit A, #3 Proposed Order)(Jacobs, Michael) (Filed on 12/8/2011) Modified text on 12/9/2011 (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]

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]

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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,
Plaintiff,

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

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Case No.

11-cv-01846-LHK (PSG)

APPLE’S MOTION TO SHORTEN
TIME FOR BRIEFING AND
HEARING ON APPLE’S MOTION
TO COMPEL PRODUCTION OF
DOCUMENTS AND THINGS
Date:
Time:
Place:
Judge:

December 16, 2011
10:00 a.m.
Courtroom 5, 4th Floor
Hon. Paul S. Grewal

Defendants.
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APPLE’S MOTION TO SHORTEN TIME FOR BRIEFING AND HEARING ON APPLE’S MOTION TO COMPEL
CASE NO. 11-CV-01846-LHK (PSG)
sf-3079266

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NOTICE OF MOTION AND MOTION
TO DEFENDANTS AND THEIR ATTORNEY OF RECORD:

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PLEASE TAKE NOTICE that Plaintiff Apple Inc. (“Apple”) hereby moves the Court,

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pursuant to Civil Local Rules 6-1(b) and 6-3, to shorten time for briefing and hearing on its

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accompanying Motion to Compel Production of Document and Things.

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This motion is based on this notice of motion and supporting memorandum of points and

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authorities; the supporting Declaration of Michael A. Jacobs, and such other written or oral

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argument as may be presented at or before the time this motion is taken under submission by the

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Court.

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Dated: December 8, 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 MOTION TO SHORTEN TIME FOR BRIEFING AND HEARING ON APPLE’S MOTION TO COMPEL
CASE NO. 11-CV-01846-LHK (PSG)
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MEMORANDUM OF POINTS AND AUTHORITIES

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In accordance with Civil Local Rules 6-1(b) and 6-3, Apple moves the Court to shorten

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time for the briefing and hearing schedule for its Motion to Compel. Specifically, Apple requests

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that:

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1)

Samsung’s opposition to the Motion to Compel be filed by December 12, 2011;

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2)

Apple’s reply be filed by December 14, 2011; and

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3)

The hearing take place on or about December 16, 2011.

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The shortened briefing and hearing schedule is necessary because the design, marketing,

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and technical documents sought in Apple’s motion to compel are at the core of Apple’s case, and

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it is critical that Apple receive them well before January 2012. The fact discovery cutoff in this

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case is March 8, 2012. Accordingly, Apple has noticed 37 depositions of Samsung employees

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expected to take place primarily in January 2012. (Declaration of Michael Jacobs in Support of

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Apple’s Motion to Shorten Time (“Jacobs Decl.”) ¶ 3.) Most of the deponents are designers,

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developers, and other individuals with knowledge of the evolution of Samsung’s products. (Id.)

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Apple will need to translate Samsung’s Korean-language documents, analyze highly technical

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materials and source code, and piece together the design history of over thirty Samsung accused

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products before travelling to Korea to take these depositions. (Id.) Moreover, even after

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Samsung begins producing source code and other requested documents, Apple will need

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substantial time to review these materials to determine if anything is missing and plan further

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discovery. (Id. ¶ 4.) Samsung has also noticed 39 depositions of Apple witnesses.

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This production is critical for Apple to prosecute its case, as since October 13, 2011, the

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date of the Preliminary Injunction hearing in this case, Samsung has produced only 71 documents

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totaling 241 pages responsive to Apple’s document requests in Apple’s offensive case.

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(Declaration of Minn Chung in Support of Apple’s Motion to Compel Production of Documents

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and Things (“Chung Decl.”), filed concurrently herewith, at ¶ 3.) These were supplementary

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productions of missing e-mail attachments, many of which were irrelevant one-page documents

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containing automatic e-mail trailers regarding confidentiality. (Id. at ¶¶ 5, 6.) By contrast, Apple

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APPLE’S MOTION TO SHORTEN TIME FOR BRIEFING AND HEARING ON APPLE’S MOTION TO COMPEL
CASE NO. 11-CV-01846-LHK (PSG)
sf-3079266

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has produced well over a million pages of documents; numerous source code, CAD, and other

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native files; physical models; prototypes; and other items relevant to its infringement allegations.

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Given the above discovery schedule, Apple’s ability to prepare meaningfully for these

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upcoming depositions would be significantly compromised if Apple’s Motion to Compel could

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not be heard until January 17, 2012, the earliest possible hearing date under an ordinary 35-day

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briefing and hearing schedule.

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Apple has proposed a briefing and hearing schedule on shortened time that would allow

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Apple’s Motion to Compel to be heard on or before December 16, 2011. From this Court’s

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calendar, it appears that hearings may not be scheduled during the week of December 19, 2011.

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Moreover, Samsung represents that all of its attorneys are unavailable during the following week

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(the week of December 26, 2011). Therefore, if Apple’s Motion to Compel were not heard on or

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before December 16, 2011, it likely would not be heard until next year. That would prejudice

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Apple’s ability to take productive depositions in January 2012 and to proceed with its discovery

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plan in an orderly fashion.

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Samsung has not proposed an alternate schedule, and did not respond to Apple’s request
to stipulate to a shortened briefing and hearing schedule. (Jacobs Decl. ¶ 6, Ex. A.)

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Apple has filed the Motion to Compel at its earliest opportunity. Apple first attempted to

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resolve the issues without court intervention through extensive weekly telephonic meet-and-

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confer discussions. (Id. ¶ 2.) Apple has filed concurrently an Administrative Motion for

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Temporary Relief from Lead Counsel Meet and Confer Requirement, requesting limited relief

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from the provision in the Court’s Minute Order and Case Management Order [D.N. 187] that

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requires the parties’ lead trial counsel to meet and confer in person before a discovery motion is

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filed. As detailed in the Administrative Motion, and the Declaration of Michael A. Jacobs in

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Support of that motion, Apple has made a diligent, good faith effort to confer with Samsung’s

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lead trial counsel in person (or otherwise) before filing this motion, but was unsuccessful in doing

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so.

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APPLE’S MOTION TO SHORTEN TIME FOR BRIEFING AND HEARING ON APPLE’S MOTION TO COMPEL
CASE NO. 11-CV-01846-LHK (PSG)
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CONCLUSION

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For the foregoing reasons, Apple respectfully requests that the Court grant Apple’s

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Motion to Shorten Time for Briefing and Hearing on Apple’s Motion to Compel.

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Dated: December 8, 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 MOTION TO SHORTEN TIME FOR BRIEFING AND HEARING ON APPLE’S MOTION TO COMPEL
CASE NO. 11-CV-01846-LHK (PSG)
sf-3079266

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