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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1 2 3 4 5 6 7 8 9 HAROLD J. MCELHINNY (CA SBN 66781) hmcelhinny@mofo.com MICHAEL A. JACOBS (CA SBN 111664) mjacobs@mofo.com JENNIFER LEE TAYLOR (CA SBN 161368) jtaylor@mofo.com ALISON M. TUCHER (CA SBN 171363) atucher@mofo.com RICHARD S.J. HUNG (CA SBN 197425) rhung@mofo.com JASON R. BARTLETT (CA SBN 214530) jasonbartlett@mofo.com MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: (415) 268-7000 Facsimile: (415) 268-7522 WILLIAM F. LEE william.lee@wilmerhale.com WILMER CUTLER PICKERING HALE AND DORR LLP 60 State Street Boston, MA 02109 Telephone: (617) 526-6000 Facsimile: (617) 526-5000 MARK D. SELWYN (SBN 244180) mark.selwyn@wilmerhale.com WILMER CUTLER PICKERING HALE AND DORR LLP 950 Page Mill Road Palo Alto, California 94304 Telephone: (650) 858-6000 Facsimile: (650) 858-6100 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, Plaintiff, 18 19 20 21 22 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., 23 Defendants. 24 25 26 27 28 JACOBS DECL. ISO APPLE’S MOTION TO SHORTEN TIME CASE NO. 11-CV-01846-LHK (PSG) sf-3080826 Case No. 11-cv-01846-LHK (PSG) DECLARATION OF MICHAEL A. JACOBS IN SUPPORT OF APPLE’S MOTION TO SHORTEN TIME 1 I, MICHAEL A. JACOBS, declare as follows: 2 1. I am an attorney with the law firm of Morrison & Foerster LLP, counsel for Apple 3 Inc. (“Apple”). I am licensed to practice law in the State of California. Unless otherwise 4 indicated, I have personal knowledge of the matters stated herein or understand them to be true 5 from members of my litigation team. I make this declaration in support of Apple’s Motion to 6 Shorten Time for Briefing and Hearing of Apple’s Motion to Compel. 7 2. Apple’s Motion to Compel seeks the production of documents showing Samsung’s 8 analysis and consideration of Apple and Apple’s products; design history documents showing the 9 decision-making process that led to the design of Samsung’s products; and source code and other 10 technical documents showing the operation of the accused aspects of Samsung’s devices. Apple 11 has tried at length to resolve Samsung’s lack of production in this area without seeking court 12 intervention, as described in greater detail in the concurrently-filed Declaration of Michael Jacobs 13 in Support of Apple’s Administrative Motion for Relief from Lead Counsel Meet and Confer 14 Requirement and Declaration of Mia Mazza in Support of Apple’s Motion to Compel Production 15 of Documents and Things. 16 3. This production is critical for Apple to prosecute its case, as since October 13, 17 2011, the date of the Preliminary Injunction hearing in this case, Samsung has produced only 71 18 documents totaling 241 pages responsive to Apple’s document requests in Apple’s offensive case 19 against Samsung. (Declaration of Minn Chung in Support of Apple’s Motion to Compel 20 Production of Documents and Things (“Chung Decl.”), filed concurrently herewith, at ¶ 3.) 21 These were supplementary productions of missing e-mail attachments, many of which were 22 irrelevant one-page documents containing automatic e-mail trailers regarding confidentiality. (Id. 23 at ¶¶ 5, 6.) By contrast, Apple has produced well over a million pages of documents; numerous 24 source code, CAD, and other native files; physical models; prototypes; and other items relevant to 25 its infringement allegations. 26 4. The fact discovery cutoff in this case is March 8, 2012. Apple has noticed 37 27 depositions of Samsung employees, expected to take place primarily during the month of January 28 2012. Most of the deponents are designers, developers, and other individuals with knowledge of JACOBS DECL. ISO APPLE’S MOTION TO SHORTEN TIME CASE NO. 11-CV-01846-LHK (PSG) sf-3080826 1 1 the evolution of Samsung’s products. Apple will need to translate Samsung’s Korean-language 2 documents, analyze highly technical materials and source code, and piece together the design 3 history of over thirty Samsung accused products before travelling to Korea to take these 4 depositions. Apple will need significant time to review any materials that are produced to 5 determine if anything is missing and plan further discovery. Among other things, the documents, 6 and especially the copying related evidence, will help Apple identify additional witnesses central 7 to Apple’s case. Samsung has also noticed 39 depositions of Apple witnesses. 8 9 5. Apple has filed concurrently an Administrative Motion for Temporary Relief from Lead Counsel Meet and Confer Requirement, requesting limited relief from the provision in the 10 Court’s Minute Order and Case Management Order [D.N. 187] that requires the parties’ lead trial 11 counsel to meet and confer in person before a discovery motion is filed. As detailed in the 12 Administrative Motion, and the Declaration of Michael A. Jacobs in Support of that motion, 13 Apple has made a diligent, good faith effort to confer with Samsung’s lead trial counsel in person 14 (or otherwise) before filing this motion, but was unsuccessful in doing so. 15 6. Counsel for Apple sent an e-mail to Samsung’s counsel the evening of 16 December 7, 2011, requesting that Samsung stipulate to an expedited schedule for briefing and 17 hearing Apple’s motion to compel. A true and correct copy of this e-mail is attached hereto as 18 Exhibit A. Samsung’s counsel did not respond to this request. 19 I declare under penalty of perjury that the foregoing is true and correct. 20 21 Executed on December 8, 2011 in San Francisco, California. 22 /s/ Michael A. Jacobs Michael A. Jacobs 23 24 25 26 27 28 JACOBS DECL. ISO APPLE’S MOTION TO SHORTEN TIME CASE NO. 11-CV-01846-LHK (PSG) sf-3080826 2

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