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

Filing 481

MOTION to Shorten Time for Briefing and Hearing filed by Samsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (Attachments: #1 Declaration of Diane Hutnyan, #2 Proposed Order)(Maroulis, Victoria) (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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16

UNITED STATES DISTRICT COURT

17

NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

18 APPLE INC., a California corporation,

CASE NO. 11-cv-01846-LHK

19

DECLARATION OF DIANE C.
HUTNYAN IN SUPPORT OF
SAMSUNG’S MOTION TO SHORTEN
TIME FOR BRIEFING AND HEARING

20

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,
24
Defendants.
25

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

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Case No. 11-cv-01846-LHK
DECLARATION OF DIANE C. HUTNYAN ISO MOTION TO SHORTEN TIME

1

I, Diane C. Hutnyan, declare:

2

I am a member of the bar of the State of California and a partner with Quinn Emanuel

3 Urquhart & Sullivan, LLP, counsel for Samsung Electronics Co., Ltd., Samsung Electronics
4 America, Inc. and Samsung Telecommunications America, LLC (collectively, “Samsung”).

I

5 submit this declaration in support of Samsung’s Motion to Shorten Time for Briefing and Hearing
6 of Samsung’s Motions To Compel.

I have personal knowledge of the facts set forth in this

7 declaration and, if called upon as a witness, I could and would testify to the following facts.
8

1.

Prompt discovery of the materials and responses Samsung seeks in its motions to

9 compel is critical for use in connection with ongoing claim construction briefing, for preparation
10 of Samsung’s invalidity case, for upcoming depositions and follow-on discovery, and for
11 preparation of expert analysis and reports.

The claim construction phase of this litigation is

12 currently underway, with briefing closing on December 22, 2011.

Samsung has noticed forty-

13 nine depositions expected to take place in January and early February. The deponents are
14 designers and engineers with knowledge of the accused products, as well as sales and marketing
15 personnel responsible for selling the accused Apple products.

Samsung will need significant

16 time to review any materials that are produced to determine if anything is missing and plan further
17 discovery.
18

2.

As described in greater detail in the Declaration of Diane Hutnyan in Support of

19 Samsung’s Administrative Motion for Relief from Lead Counsel Meet and Confer Requirement
20 and the Declaration of Diane C. Hutnyan in Support of Samsung’s Motion to Compel Production
21 of Documents and Things and Responsive Answers to Propounded Discovery, Samsung has tried,
22 after weeks of meeting and conferring (in which I was personally involved) to resolve the issues
23 raised in Samsung’s motions to compel without court intervention but was unable to do so.
24

3.

On December 7, 2011, Apple filed its Motion to Compel, (D.N. 467-01), and the

25 accompanying Motion to Shorten Time. (D.N. 464.)

The Court granted Apple’s Motion to

26 Shorten to Time and scheduled the deadline for Samsung’s opposition on Wednesday, December
27 14, and the hearing for December 16, 2011. (D.N. 477.)
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Case No. 11-cv-01846-LHK
DECLARATION OF DIANE C. HUTNYAN ISO MOTION TO SHORTEN TIME

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1

4.

On December 6, 2011, counsel for Samsung proposed that the parties file a joint

2 motion seeking leave from the in-person meet and confer requirement for both parties.

Counsel

3 for Apple rejected this proposal and sought a one-time exception for itself, which was granted.
4 Counsel for Samsung then sent an email to counsel for Apple on December 12, 2011 requesting
5 that Apple agree to an expedited schedule for briefing and hearing of Samsung’s motion to compel
6 and requesting that Apple stipulate to Samsung’s motion for leave from the lead counsel meet and
7 confer requirement.
8

5.

Apple did not agree to Samsung’s request.

On November 20, 2011, I first asked counsel for Apple for a date that Mr.

9 McElhinny would make himself available for an in-person lead counsel meet-and-confer.

The

10 parties were unable to find any date until at least December 19 upon which they were both
11 available for an in-person meet and confer.
12 through December 19.

Mr. Verhoeven is at trial in Washington, D.C.

On December 10, 2011, I invited Mr. McElhinny to participate in a

13 telephonic lead counsel meet and confer with Mr. Verhoeven.

This invitation was declined on

14 the basis that Mr. McElhinny was out of the country until December 13, and no alternative date
15 before December 13 was offered.

Accordingly, based on a December 19 meet and confer date,

16 the earliest possible hearing date on the regular schedule would be January 24, 2012.
17

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

18 true and correct.
19

Executed in Los Angeles, California, on December 12, 2011.

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By /s/ Diane C. Hutnyan
Diane C. Hutnyan

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Case No. 11-cv-01846-LHK
DECLARATION OF DIANE C. HUTNYAN ISO MOTION TO SHORTEN TIME

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1
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GENERAL ORDER ATTESTATION
I, Victoria Maroulis, am the ECF user whose ID and password are being used to file the

3 foregoing document.

I hereby attest pursuant to General Order 45.X.B. that concurrence in the

4 electronic filing of this document has been obtained from Diane C. Hutnyan.
5
/s/ Victoria Maroulis

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Case No. 11-cv-01846-LHK
DECLARATION OF DIANE C. HUTNYAN ISO MOTION TO SHORTEN TIME

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