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

Filing 531

MOTION to Shorten Time for Briefing and Hearing on Apple's Motion to Strike filed by Apple Inc.(a California corporation). (Attachments: #1 Declaration of Mark D. Selwyn in Support of Motion to Shorten Time, #2 Proposed Order)(Selwyn, Mark) (Filed on 12/22/2011)

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HAROLD J. MCELHINNY (CA SBN 66781)
[e-mail]
MICHAEL A. JACOBS (CA SBN 111664)
[e-mail]
RICHARD S.J. HUNG (CA SBN 197425)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: [phone]

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WILLIAM F. LEE (pro hac vice)
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, Massachusetts 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
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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APPLE INC., a California corporation,

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Plaintiff,

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

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DECLARATION OF MARK D. SELWYN
IN SUPPORT OF APPLE’S MOTION TO
SHORTEN TIME
Hearing:
Time:

TBD
TBD

Defendants.
SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity, SAMSUNG
ELECTRONICS AMERICA, INC., a New
York corporation, and SAMSUNG
TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,
Counterclaim-Plaintiffs,

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Civil Action No. 11-CV-01846-LHK

v.
APPLE INC., a California corporation,
Counterclaim-Defendant.
DECLARATION OF MARK D. SELWYN IN
SUPPORT OF APPLE’S MOTION TO SHORTEN TIME
Case No. 11-cv-01846 (LHK)

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I, Mark D. Selwyn, declare as follows:

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1.

I am a partner with the law firm of Wilmer Cutler Pickering Hale and Dorr LLP

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and counsel for plaintiff and counterclaim-defendant Apple Inc. I submit this declaration in

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support of Apple’s Motion to Shorten Time for Briefing and Hearing on Apple’s Motion to

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Strike Evidence Not Disclosed as Required by Patent Local Rule 4-3(b). I am familiar with and

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knowledgeable about the facts stated in this declaration, and if called upon could and would

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testify competently as to the statements made herein.

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2.

Apple’s Motion to Strike seeks to strike late-disclosed evidence submitted by

Samsung in support of its proposed claim constructions. The claim construction hearing is
scheduled for January 20, 2012.
3.

On December 5, 2011, Apple sent Samsung a letter requesting that Samsung (1)

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withdraw its late-disclosed evidence and the portions of Samsung’s expert declaration that relied

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upon that evidence and (2) confirm that it would not rely upon that evidence in its upcoming

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Markman briefing. Samsung did not respond to this letter. Samsung relies upon and cites to the

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expert declaration and the late-disclosed evidence in its Opening Claim Construction Brief.

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3.

Counsel for Apple contacted Samsung’s counsel by email on the evening of

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December 21, 2011 to request that Samsung stipulate to a shortened briefing and hearing

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schedule on Apple’s Motion to Strike. Samsung’s counsel has not responded to this request.

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4.

Apple’s request to shorten time for briefing and hearing on Apple’s Motion to

Strike will not have any effect on the schedule in this case.
I hereby declare under penalty of perjury under the laws of the United States that the
foregoing is true and correct to the best of my knowledge and belief.

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Dated: December 22, 2011

/s/ Mark D. Selwyn
Mark D. Selwyn

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DECLARATION OF MARK D. SELWYN IN
SUPPORT OF APPLE’S MOTION TO SHORTEN TIME

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Case No. 11-cv-01846 (LHK)

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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing document has
been served on December 22, 2011 to all counsel of record who are deemed to have consented to
electronic service via the Court’s CM/ECF system per Civil Local Rule 5.4. Any other counsel
of record will be served by electronic mail, facsimile and/or overnight delivery.

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/s/ Mark. D Selwyn
Mark D. Selwyn

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DECLARATION OF MARK D. SELWYN IN
SUPPORT OF APPLE’S MOTION TO SHORTEN TIME

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Case No. 11-cv-01846 (LHK)