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

Filing 479

MOTION for Leave to File Excess Pages re Samsung's Administrative Motion to Exceed Page Limit in Samsung's Responsive Claim Construction Brief filed by Samsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (Attachments: #1 Briggs Declaration, #2 Exhibit 1 to Briggs Declaration, #3 Exhibit 2 to Briggs Declaration, #4 Proposed Order)(Briggs, Todd) (Filed on 12/12/2011)

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]
7 555 Twin Dolphin Drive 5th 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
CO., LTD., SAMSUNG ELECTRONICS
14 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

18 APPLE INC., a California corporation,

CASE NO. 11-cv-01846-LHK

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DECLARATION OF TODD BRIGGS IN
SUPPORT OF SAMSUNG’S
ADMINISTRATIVE MOTION TO FILE
EXCESS PAGES

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Plaintiff,
vs.

21 SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity; SAMSUNG
22 ELECTRONICS AMERICA, INC., a New
York corporation; SAMSUNG
23 TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,
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Defendants.
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02198.51855/4504753.1

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Case No. 11-cv-01846-LHK
DECLARATION OF TODD BRIGGS IN SUPPORT OF SAMSUNG’S ADMINISTRATIVE MOTION TO
FILE EXCESS PAGES

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I, Todd M. Briggs, declare:

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1.

I am a partner in the law firm of Quinn Emanuel Urquhart & Sullivan, LLP,

3 counsel for Samsung Electronics Co., Ltd., Samsung Electronics America, Inc. and Samsung
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Telecommunications America, LLC (collectively, “Samsung”).

Unless otherwise indicated, I

have personal knowledge of the facts set forth in this declaration and, if called upon as a witness, I

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could and would testify as follows.
2.

On November 27, 2011, I sent an e-mail to Apple’s counsel asking whether Apple

9 would stipulate to distributing the 65 pages of total claim construction briefing (25 opening/25
10 response/15 reply) as needed by each party, in order to more evenly distribute the total number of
11 pages available to each claim term.
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On November 29, I sent a follow-up e-mail to Apple’s

counsel, asking them to provide a response by the next day regarding Samsung’s proposed

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stipulation.
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3.

On December 1, Apple’s counsel responded that Apple would reply “as soon as

16 possible” regarding Samsung’s proposed page limit changes.

However, Apple did not respond

17 again for nearly a week. On December 7, the day prior to the submission of the parties’ Opening
18 Construction Briefs, Apple rejected Samsung’s proposed stipulation and offered no alternative.
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4.

On December 8, 2011, Victoria Maroulis, one of Samsung’s counsel, sent an e-mail

to Apple’s counsel requesting additional pages for Samsung’s opposition to Apple’s claim

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construction brief.

Samsung requested these additional pages after Apple declined the proposed

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stipulation to allow the parties flexibility in assigning pages between briefs.

These additional

24 pages would provide a more balanced discussion of the 8 Apple patent terms as compared to the 2
25 Samsung patent terms.
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02198.51855/4504753.1

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Case No. 11-cv-01846-LHK
DECLARATION OF TODD BRIGGS IN SUPPORT OF SAMSUNG’S ADMINISTRATIVE MOTION TO
FILE EXCESS PAGES

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5.

On December 9, Apple’s counsel replied stating that Apple would oppose

2 Samsung’s request for additional pages.
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6.

Attached as Exhibit 1 is a true and correct copy of the e-mails between me and

Apple’s counsel referred to above.

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7.

Attached as Exhibit 2 is a true and correct copy of the e-mails between Ms.

Maroulis and Apple’s counsel referred to above.
I declare under penalty of perjury that the foregoing is true and correct. Executed in

9 Redwood Shores, California on December 12, 2011.
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/s/ Todd M. Briggs
Todd M. Briggs

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02198.51855/4504753.1

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Case No. 11-cv-01846-LHK
DECLARATION OF TODD BRIGGS IN SUPPORT OF SAMSUNG’S ADMINISTRATIVE MOTION TO
FILE EXCESS PAGES

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