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

Filing 473

RESPONSE (re 464 MOTION to Shorten Time Apple's Motion to Shorten Time for Briefing and Hearing on Apple's Motion to Compel Production of Documents and Things ) filed bySamsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (Attachments: # 1 Declaration Declaration of Melissa N. Chan, # 2 Exhibit Exhibit 1 to the Chan Declaration, # 3 Exhibit Exhibit 2 to the Chan Declaration, # 4 Exhibit Exhibit 3 to the Chan Declaration, # 5 Proposed Order Proposed Order)(Maroulis, Victoria) (Filed on 12/9/2011)

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1 QUINN EMANUEL URQUHART & SULLIVAN, LLP Charles K. Verhoeven (Cal. Bar No. 170151) 2 charlesverhoeven@quinnemanuel.com 50 California Street, 22nd Floor 3 San Francisco, California 94111 Telephone: (415) 875-6600 4 Facsimile: (415) 875-6700 5 Kevin P.B. Johnson (Cal. Bar No. 177129) kevinjohnson@quinnemanuel.com 6 Victoria F. Maroulis (Cal. Bar No. 202603) victoriamaroulis@quinnemanuel.com th 7 555 Twin Dolphin Drive 5 Floor Redwood Shores, California 94065 8 Telephone: (650) 801-5000 Facsimile: (650) 801-5100 9 Michael T. Zeller (Cal. Bar No. 196417) 10 michaelzeller@quinnemanuel.com 865 S. Figueroa St., 10th Floor 11 Los Angeles, California 90017 Telephone: (213) 443-3000 12 Facsimile: (213) 443-3100 13 Attorneys for Samsung Electronics America, Inc. and Samsung Telecommunications America LLC 14 15 UNITED STATES DISTRICT COURT 16 NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION 17 APPLE INC., a California corporation, CASE NO. 4:11-cv-01846-LHK 18 DECLARATION OF MELISSA N. CHAN IN SUPPORT OF SAMSUNG’S OPPOSITION TO APPLE’S MOTION TO SHORTEN TIME FOR ITS MOTION TO COMPEL 19 Plaintiff, vs. 20 SAMSUNG ELECTRONICS CO., LTD., a Korean business entity; SAMSUNG 21 ELECTRONICS AMERICA, INC., a New York corporation; SAMSUNG 22 TELECOMMUNICATIONS AMERICA, LLC, a Delaware limited liability company, 23 Defendants. 24 Date: Time: Place: Judge: December 16, 2011 10:00 a.m. Courtroom 5, 4th Floor Hon. Paul S. Grewal 25 26 27 28 Case No. 4:11-cv-01846-LHK SAMSUNG’S OPPOSITION TO APPLE'S MOTION FOR ADMINISTRATIVE RELIEF 1 I, Melissa N. Chan, declare: 2 1. I am an associate in the law firm of Quinn Emanuel Urquhart & Sullivan, LLP, 3 counsel for Samsung Electronics Co., Ltd., Samsung Electronics America, Inc. and Samsung 4 Telecommunications America, LLC (collectively, “Samsung”). I submit this declaration in 5 support of Samsung’s Opposition to Apple’s Motion to Shorten Time for Its Motion to Compel. I 6 have personal knowledge of the facts set forth in this declaration and, if called upon as a witness, I 7 could and would testify to such facts under oath. 8 2. On November 30, 2011, counsel for Apple suggested during the parties’ meet and 9 confer conference that Samsung’s lead counsel make himself available for an in-person meet and 10 confer during the December 5-7, 2011 time frame. 11 3. On December 5, 2011, counsel for Apple sent a letter to Samsung’s counsel in 12 which Apple summarized its requests for production of documents related to purported 13 “copying,” technical documents, and consumer surveys. Apple noted that Samsung had 14 committed to producing documents responsive to these categories, but provided no meaningful 15 explanation for Apple’s urgent need for these documents by a December 15 deadline. Instead, 16 Apple said “Apple is not required to justify its reasons for needing certain categories of documents 17 on an expedited basis” and provided general statements that “Apple is entitled to these copying, 18 survey, and technical documents to litigate its offensive case” and “there is a March 8 fact 19 discovery cutoff in this case.” Apple also demanded that “to the extent that Samsung has been 20 unable to make a substantially complete production of any of these three categories of documents 21 [by December 15], Samsung will on December 15 provide a written disclosure” detailing 22 Samsung’s document search and collection procedures. Apple did not explain why Samsung’s 23 commitment to using its best efforts to produce these documents by Apple’s arbitrary December 24 15 deadline was insufficient. 25 4. In response to Apple’s December 5 letter, on December 7, 2011, counsel for 26 Samsung sent a letter to Apple’s counsel noting that despite Apple’s failure to articulate reasons 27 for its urgency or why Samsung’s previous commitments to produce were not satisfactory, 28 Samsung agreed to, among other things, prioritize the three categories of requested documents Case No. 4:11-cv-01846-LHK -1SAMSUNG’S OPPOSITION TO APPLE’S MOTION FOR ADMINISTRATIVE RELIEF 1 and use its best efforts to substantially complete production before Apple’s arbitrary December 15 2 deadline. A true and correct copy of that letter is attached as Exhibit 1. 3 5. On the evening of December 7, 2011, counsel for Apple sent an e-mail to 4 Samsung’s counsel, attaching a letter asking Samsung to make a written commitment regarding 5 the production of several categories of documents, including the documents at issue in Apple’s 6 motion to compel. A true and correct copy of that letter is attached as Exhibit 2. 7 6. On the morning of December 8, 2011, I responded to Apple’s request, agreeing to 8 the production of such documents, but proposing more realistic dates for the substantial 9 completion of Samsung’s production that would allow Apple to have the documents it seeks by 10 January 6, 2011. A true and correct copy of that e-mail is attached as Exhibit 3. Apple did not 11 respond to this proposal. 12 I declare under penalty of perjury under the laws of the United States that the foregoing is 13 true and correct. 14 Executed in Redwood Shores, CA, on December 9, 2011. 15 16 17 Respectfully submitted, QUINN EMANUEL URQUHART & SULLIVAN, LLP 18 19 20 21 22 23 24 By /s/ Melissa N. Chan Charles K. Verhoeven Kevin P.B. Johnson Victoria F. Maroulis Michael T. Zeller Attorneys for SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC. and SAMSUNG TELECOMMUNICATIONS AMERICA, LLC 25 26 27 28 Case No. 4:11-cv-01846-LHK -2SAMSUNG’S OPPOSITION TO APPLE’S MOTION FOR ADMINISTRATIVE RELIEF 1 2 General Order 45 Attestation I, Victoria F. Maroulis, am the ECF user whose ID and password are being used to file this 3 Declaration. In compliance with General Order 45(X)(B), I hereby attest that Melissa N. Chan has 4 concurred in this filing. 5 /s/ Victoria Maroulis 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 4:11-cv-01846-LHK -3SAMSUNG’S OPPOSITION TO APPLE’S MOTION FOR ADMINISTRATIVE RELIEF

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