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

Filing 598

MOTION for Protective Order Regarding Samsung's First Rule 30(b)(6) Deposition Notice filed by Apple Inc.. Motion Hearing set for 1/18/2012 02:00 PM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. Responses due by 1/13/2012. (Attachments: #1 McElhinny Declaration, #2 Exhibit A, #3 Exhibit B, #4 Mazza Declaration, #5 Exhibit A, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Proposed Order)(Jacobs, Michael) (Filed on 1/10/2012)

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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]

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]

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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 (PSG)

DECLARATION OF HAROLD J.
MCELHINNY IN SUPPORT OF
APPLE’S MOTION FOR
PROTECTIVE ORDER
REGARDING SAMSUNG’S FIRST
RULE 30(B)(6) DEPOSITION
NOTICE

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Defendants.
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MCELHINNY DECL. ISO APPLE’S MOTION FOR PROTECTIVE ORDER RE SAMSUNG’S FIRST 30(B)(6) NOTICE
CASE NO. 11-CV-01846 LHK (PSG)
sf-3092518

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I, HAROLD J. McELHINNY, declare as follows:

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1.

I am a partner in the law firm of Morrison & Foerster LLP, counsel for Apple Inc.

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(“Apple”). I am licensed to practice law in the State of California. I have personal knowledge of

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the matters stated herein or understand them to be true from members of my litigation team. I

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make this Declaration in support of Apple’s Motion for Protective Order Regarding Samsung’s

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First Rule 30(b)(6) Deposition Notice.

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2.

I am co-lead trial counsel for Apple in this action.

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3.

On January 5, 2012, I met in person with Charles Verhoeven of Quinn, Emanuel,

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Urquhart & Sullivan, lead trial counsel for Samsung in this matter. We, along with several others

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from each firm, met for approximately three hours to discuss outstanding discovery items. The

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parties exchanged agendas in advance of the meeting. Attached hereto as Exhibit A is a true and

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correct copy of the agenda provided to Samsung by Apple on January 3, 2012. Attached hereto

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as Exhibit B is a true and correct copy of the agenda provided to Apple by Samsung on January 4,

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2012. During the three-hour meeting, the parties discussed all of the items on both parties’

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agendas.

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4.

During the January 5th meeting, the parties discussed Samsung’s First Rule

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30(b)(6) Deposition Notice to Apple. Apple stated that Samsung should withdraw the notice and

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issue a new one covering a more reasonable scope of topics. Samsung did not agree to withdraw

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its notice.

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5.

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Mr. Verhoeven and I concurred that the meet-and-confer requirement had been

satisfied with respect to Samsung’s First Rule 30(b)(6) Deposition Notice.
I declare under penalty of perjury that the foregoing is true and correct. Executed this
10th day of January, 2012, at San Francisco, California.

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/s/ Harold J. McElhinny
Harold J. McElhinny

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MCELHINNY DECL. ISO APPLE’S MOTION FOR PROTECTIVE ORDER RE SAMSUNG’S FIRST 30(B)(6) NOTICE
CASE NO. 11-CV-01846 LHK (PSG)
sf-3092518

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ATTESTATION OF E-FILED SIGNATURE
I, Michael A. Jacobs, 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 Harold J.

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McElhinny has concurred in this filing.

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Dated: January 10, 2012

/s/ Michael A. Jacobs
Michael A. Jacobs

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MCELHINNY DECL. ISO APPLE’S MOTION FOR PROTECTIVE ORDER RE SAMSUNG’S FIRST 30(B)(6) NOTICE
CASE NO. 11-CV-01846 LHK (PSG)
sf-3092518

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