Apple Inc. v. Samsung Electronics Co. Ltd. et al
Filing
480
MOTION Temporary Relief Regarding Lead Counsel Meet and Confer Requirement filed by Samsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. Responses due by 12/16/2011. (Attachments: #1 Hutnyan Declaration, *** #2 Exhibit 1 to Hutnyan Declaration FILED IN ERROR. DOCUMENT LOCKED. DOCUMENT TO BE REFILED LATER. *** )(Maroulis, Victoria) (Filed on 12/12/2011) Modified on 12/13/2011 (ewn, COURT STAFF).
EXHIBIT 1
From: McElhinny, Harold J. [mailto:HMcElhinny@mofo.com]
Sent: Monday, November 07, 2011 1:39 PM
To: Charles K Verhoeven
Subject: Re: Meet and Confer
Charlie:
As we expressly discussed on the phone, you and I are both busy trial lawyers and that needed to be taken into account
when we were working together. I literally just walked out of a hearing in NYC and am rushing to catch the last plane back
to SF. I am not going to be able to meet your 2 pm deadline.
I will be back in SF tomorrow. I will discuss this with Mike and then you and I can talk if you like.
As I also told you, I hoped that you and I could operate under a "not for the record" communication basis. Let me know
how you have come out on that suggestion.
Harold
From: Charles K Verhoeven
To: McElhinny, Harold J.
Cc: Jacobs, Michael A.; Kevin Johnson
Sent: Mon Nov 07 11:41:02 2011
Subject: Meet and Confer
Harold,
Last week after the hearing, I was pleased with the progress you and I appeared to have made toward resolving the
deposition conduct issue between our firms without the need for further assistance from the Court. Based on that
progress, I agreed with your suggestion that we have Kevin Johnson and Mike Jacobs finalize the details. I have been
keeping in touch with Mr. Johnson during the weekend regarding those further negotiations.
I am disappointed by the contradictory positions that Mike Jacobs has taken with Kevin Johnson over the weekend. As I
understand it, the parties are in agreement about resolving the deposition conduct issue, but Mr. Jacobs won’t agree to
withdraw the PO motion because he is linking it to the withdrawal by Samsung of the motion to compel. On Saturday,
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Mr. Jacobs expressly agreed with Mr. Johnson that these two issues would not be linked. But now he has apparently
reneged on that representation.
Holding up an agreement on the PO / deposition conduct issue in an effort to force Samsung to abandon its motion to
compel is, plainly, an improper negotiating tactic – especially when your side had previously agreed that the two
motions would not be linked and would be negotiated separately. I also saw that Apple filed a self‐serving and
inaccurate “Statement” with the court early this morning after Mr. Jacobs first provided notice that Apple may file such
a paper at 10:30 pm Sunday night. Pretending to negotiate in good faith, while instead preparing a brief to file with the
court ahead of the other party, is also a well known sharp practice, which I would have assumed your team would avoid.
Please let me know by 2:00 pm today whether Apple and Mr. Jacobs will adhere to Mr. Jacob’s prior commitment to Mr.
Johnson that Apple would not be coupling the negotiation of the two motions ‐‐ and that Apple will be withdrawing the
PO motion based on the parties’ agreement reached over the weekend.
‐Charlie
Charles K. Verhoeven
Head of Northern California Offices
Quinn Emanuel Urquhart & Sullivan, LLP
50 California Street, 22nd Floor
San Francisco, CA 94111
Main Phone: (415) 875-6600
Main Fax: (415) 875-6700
E-mail: charlesverhoeven@quinnemanuel.com
Web: www.quinnemanuel.com
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