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

Filing 491

Declaration of Mia Mazza in Support of #493 Apples Opposition to Samsungs Motion to Shorten Time, filed by Apple Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hung, Richard) (Filed on 12/13/2011) Modified on 12/14/2011 linking entry to document #493 (dhm, COURT STAFF).

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HAROLD J. MCELHINNY (CA SBN 66781)
[e-mail]
MICHAEL A. JACOBS (CA SBN 111664)
[e-mail]
JENNIFER LEE TAYLOR (CA SBN 161368)
[e-mail]
ALISON M. TUCHER (CA SBN 171363)
[e-mail]
RICHARD S.J. HUNG (CA SBN 197425)
[e-mail]
JASON R. BARTLETT (CA SBN 214530)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: [phone]

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WILLIAM F. LEE
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Telephone: [phone]
Facsimile: [phone]
MARK D. SELWYN (SBN 244180)
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]

Attorneys for Plaintiff and
Counterclaim-Defendant APPLE INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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APPLE INC.,

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Case No.
Plaintiff,

v.
SAMSUNG ELECTRONICS CO., LTD., A
Korean business entity; SAMSUNG
ELECTRONICS AMERICA, INC., a New York
corporation; SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC, a
Delaware limited liability company.,

11-cv-01846-LHK

DECLARATION OF MIA MAZZA
IN SUPPORT OF APPLE’S
OPPOSITION TO SAMSUNG’S
MOTION TO SHORTEN TIME

Defendants.

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DECLARATION OF MIA MAZZA ISO APPLE’S OPPOSITION TO SAMSUNG’S MOTION TO SHORTEN TIME
CASE NO. 11-CV-01846 LHK (PSG)
sf-3082779

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I, MIA MAZZA, declare as follows:

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I am an attorney with the law firm of Morrison & Foerster LLP, counsel for Apple

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Inc. (“Apple”). I am licensed to practice law in the State of California. Except as otherwise

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indicated, I have personal knowledge of the matters stated herein. I make this declaration in

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support of Apple’s Opposition to Samsung’s Motion to Shorten Time, filed the evening of

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December 12, 2011.

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2.

On Monday, December 12, 2011, at 11:11 a.m. Pacific time, I received an e-mail

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from counsel for Samsung entitled, “Apple v. Samsung: Motion on Sherman Issues – Shortened

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Schedule and Leave from Lead Counsel M&C Requirement.” Attached hereto as “Exhibit A” is

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a true and correct copy of that e-mail and the resulting discussion thread. Samsung’s e-mail

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stated in relevant part, “We intend to file our motion to compel relating to Mr. Sherman’s access

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to Apple’s confidential documents under the protective order. Please let us know whether Apple

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agrees to the motion being heard on shortened time.” (See Ex. A.) The e-mail further stated that

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Samsung would be moving for administrative relief from the Court’s meet-and-confer

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requirement in connection with the Sherman motion. At no time did Samsung inform Apple that

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it planned to file a second discovery motion on or about December 12, 2011, in addition to the

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Sherman motion referenced in Samsung’s 11:11 a.m. e-mail.

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3.

Samsung’s lead counsel did not meet and confer with Apple’s lead counsel, in

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person or otherwise, regarding any of the issues raised in the motions filed by Samsung the

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evening of December 12, 2011. On Saturday, December 10, 2011, at 3:25 p.m. Pacific time, I

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received correspondence from counsel for Samsung requesting that Apple’s lead counsel meet

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and confer with Samsung’s lead counsel at 2 p.m. Pacific time on Sunday, December 11, 2011—

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less than 24 hours later. Attached hereto as “Exhibit B” is a true and correct copy of that letter.

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To avoid the need to file under seal, Apple has redacted unrelated portions of the letter that

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contain Apple-confidential information.

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4.

Attached hereto as “Exhibit C” is a true and correct copy of my e-mail response to

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Samsung’s December 10, 2011, letter, reminding Samsung’s counsel that Apple’s lead counsel

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had left for Tokyo the day before and would not be available over the weekend. I stated further
DECLARATION OF MIA MAZZA ISO APPLE’S OPPOSITION TO SAMSUNG’S MOTION TO SHORTEN TIME
CASE NO. 11-CV-01846 LHK (PSG)
sf-3082779

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that Apple’s lead counsel’s plane would be landing at 9 a.m. Pacific time on Tuesday,

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December 13, 2011, and that he would make himself available for a meeting anytime after noon.

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I did not receive any reply to this e-mail.

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5.

As of the time of this Declaration, Samsung has not identified a single time when

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its lead counsel would make himself available to meet and confer regarding Samsung’s issues or

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any other issues, other than 2 p.m. on Sunday, December 11, 2011, and December 19, 2011.

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6.

Starting on November 30, 2011, Apple made extensive, good-faith efforts to

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schedule a lead counsel meet-and-confer discussion in person (or otherwise) to take place on

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December 5, 6, or 7, 2011, regarding Apple’s issues. As detailed in Apple’s Administrative

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Motion for Temporary Relief from Lead Counsel Meet and Confer Requirement (Dkt. 463), filed

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on December 8, 2011, and granted by Judge Koh on December 9, 2011 (Dkt. 472), and the

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Declaration of Michael Jacobs filed in support therewith (Dkt. 463-1), Samsung refused to make

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its lead counsel available for a meet-and-confer discussion of Apple’s issues at any time before

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December 19, 2011.

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7.

Since October 19, 2011, the parties have engaged in weekly meet-and-confer

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discussions regarding outstanding discovery issues. We have discussed most, if not all, of the

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issues raised in Samsung’s motions filed December 12, 2011. For nearly all of the issues, Apple

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has agreed to provide most or all of what Samsung requested. For example, Samsung requested a

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large number of discovery papers, court filings, and transcripts from the Apple v. Motorola case

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for purposes of its claim construction briefing. Apple produced all of the Motorola papers it

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could locate―nearly a thousand documents―on November 23, 2011. On December 11, 2011,

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Samsung advised Apple that there were four items it could not locate in the Motorola production.

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Apple is currently in the process of working to locate those four items in its production or

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elsewhere, and Apple has agreed that it will produce the information as soon as it is found. To

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my knowledge, Samsung has not requested any additional documents for purposes of claim

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construction.

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DECLARATION OF MIA MAZZA ISO APPLE’S OPPOSITION TO SAMSUNG’S MOTION TO SHORTEN TIME
CASE NO. 11-CV-01846 LHK (PSG)
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I declare under penalty of perjury that the foregoing is true and correct. Executed this
13th day of December 2011 at San Francisco, California.

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/s/ Mia Mazza
Mia Mazza

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DECLARATION OF MIA MAZZA ISO APPLE’S OPPOSITION TO SAMSUNG’S MOTION TO SHORTEN TIME
CASE NO. 11-CV-01846 LHK (PSG)
sf-3082779

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ATTESTATION OF E-FILED SIGNATURE
I, Rich S.J. Hung, am the ECF User whose ID and password are being used to file this

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Declaration. In compliance with General Order 45, X.B., I hereby attest that Mia Mazza has

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concurred in this filing.

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Dated: December 13, 2011

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/s/ Rich S.J. Hung
Rich S.J. Hung

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DECLARATION OF MIA MAZZA ISO APPLE’S OPPOSITION TO SAMSUNG’S MOTION TO SHORTEN TIME
CASE NO. 11-CV-01846 LHK (PSG)
sf-3082779