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)

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Cal. Bar No. 170151)
2 [e-mail]
50 California Street, 22nd Floor
3 San Francisco, California 94111
Telephone: [phone]
4 Facsimile: [phone]
5 Kevin P.B. Johnson (Cal. Bar No. 177129)
[e-mail]
6 Victoria F. Maroulis (Cal. Bar No. 202603)
[e-mail]
th
7 555 Twin Dolphin Drive 5 Floor
Redwood Shores, California 94065
8 Telephone: [phone]
Facsimile: [phone]
9
Michael T. Zeller (Cal. Bar No. 196417)
10 [e-mail]
865 S. Figueroa St., 10th Floor
11 Los Angeles, California 90017
Telephone: [phone]
12 Facsimile: [phone]
13 Attorneys for Samsung Electronics America, Inc.
and Samsung Telecommunications America LLC
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

17 APPLE INC., a California corporation,

CASE NO. 4:11-cv-01846-LHK

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DECLARATION OF MELISSA N. CHAN
IN SUPPORT OF SAMSUNG’S
OPPOSITION TO APPLE’S MOTION TO
SHORTEN TIME FOR ITS MOTION TO
COMPEL

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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,
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Defendants.
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Date:
Time:
Place:
Judge:

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

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Case No. 4:11-cv-01846-LHK
SAMSUNG’S OPPOSITION TO APPLE'S MOTION FOR ADMINISTRATIVE RELIEF

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I, Melissa N. Chan, declare:

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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.
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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.
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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.
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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.
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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.
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I declare under penalty of perjury under the laws of the United States that the foregoing is

13 true and correct.
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Executed in Redwood Shores, CA, on December 9, 2011.

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Respectfully submitted,
QUINN EMANUEL URQUHART &
SULLIVAN, LLP

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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

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Case No. 4:11-cv-01846-LHK
-2SAMSUNG’S OPPOSITION TO APPLE’S MOTION FOR ADMINISTRATIVE RELIEF

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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.
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/s/ Victoria Maroulis

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Case No. 4:11-cv-01846-LHK
-3SAMSUNG’S OPPOSITION TO APPLE’S MOTION FOR ADMINISTRATIVE RELIEF