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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1 2 3 4 5 6 7 8 9 HAROLD J. MCELHINNY (CA SBN 66781) hmcelhinny@mofo.com MICHAEL A. JACOBS (CA SBN 111664) mjacobs@mofo.com JENNIFER LEE TAYLOR (CA SBN 161368) jtaylor@mofo.com ALISON M. TUCHER (CA SBN 171363) atucher@mofo.com RICHARD S.J. HUNG (CA SBN 197425) rhung@mofo.com JASON R. BARTLETT (CA SBN 214530) jasonbartlett@mofo.com MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: (415) 268-7000 Facsimile: (415) 268-7522 WILLIAM F. LEE william.lee@wilmerhale.com WILMER CUTLER PICKERING HALE AND DORR LLP 60 State Street Boston, MA 02109 Telephone: (617) 526-6000 Facsimile: (617) 526-5000 MARK D. SELWYN (SBN 244180) mark.selwyn@wilmerhale.com WILMER CUTLER PICKERING HALE AND DORR LLP 950 Page Mill Road Palo Alto, California 94304 Telephone: (650) 858-6000 Facsimile: (650) 858-6100 10 11 Attorneys for Plaintiff and Counterclaim-Defendant APPLE INC. 12 13 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 SAN JOSE DIVISION 17 APPLE INC., 18 19 20 21 22 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 MIA MAZZA IN SUPPORT OF MOTION FOR PROTECTIVE ORDER REGARDING SAMSUNG’S FIRST 30(b)(6) DEPOSITION NOTICE 23 Defendants. 24 25 26 27 28 MAZZA DECL. ISO APPLE’S MOTION FOR PROTECTIVE ORDER RE SAMSUNG’S FIRST 30(B)(6) NOTICE 11-CV-01846-LHK (PSG) sf-3091574 1 I, Mia Mazza, declare as follows: 2 1. I am a partner in the law firm of Morrison & Foerster LLP, counsel for Apple Inc. 3 (“Apple”). I am licensed to practice law in the State of California. Unless otherwise indicated, I 4 have personal knowledge of the matters stated herein and, if called as a witness, could and would 5 testify competently thereto. I make this declaration in support of Apple’s Motion for Protective 6 Order Regarding Samsung’s First Rule 30(b)(6) Deposition Notice. 7 8 9 10 11 12 2. Attached hereto as Exhibit A is a true and correct copy of Samsung’s First Rule 30(b)(6) Notice to Apple Inc., served on December 14, 2011. 3. Attached hereto as Exhibit B is a true and correct copy of correspondence dated December 27, 2011, from counsel for Apple to counsel for Samsung. 4. Attached hereto as Exhibit C is a true and correct copy of correspondence dated December 31, 2011, from counsel for Samsung to counsel for Apple. 13 5. 14 January 3, 2012. 15 6. Attached hereto as Exhibit D is a true and correct copy of correspondence dated On September 16, 2011, Samsung propounded its Second Set of Interrogatories to 16 Apple Inc., containing Interrogatory Nos. 19–32. Interrogatory No. 19 reads as follows: 17 “Separately for each APPLE ACCUSED PRODUCT, IDENTIFY: (1) Separately for each 18 APPLE ACCUSED PRODUCT, IDENTIFY: (1) the Baseband Processor used; (2) the 19 Executable Software incorporated or installed in the APPLE ACCUSED PRODUCT; (2) the 3 20 GPP Release(s) supported (including which versions and subversions of the 3GPP specification 21 are supported within each Release); (3) the version(s) of HSUPA supported; and (4) the 22 version(s) of HSDPA supported, and IDENTIFY any documents which reflect these categories of 23 information. Interrogatory No. 20 reads as follows: Separately for each APPLE ACCUSED 24 PRODUCT and each Baseband Processor, IDENTIFY the Software or portions of Software 25 (including corresponding file name and line numbers) for performing multiplexing, channel 26 coding, interleaving, demultiplexing of radio frames, generating scrambling codes and/or rate 27 matching, or state which of these functions are not performed by the APPLE ACCUSED 28 MAZZA DECL. ISO APPLE’S MOTION FOR PROTECTIVE ORDER RE SAMSUNG’S FIRST 30(B)(6) NOTICE 11-CV-01846-LHK (PSG) sf-3091574 1 1 PRODUCT or Baseband Processor. Apple responded to both of these Interrogatories on 2 October 26, 2011. 3 7. I have asked my litigation team to review the transcripts of depositions taken by 4 Samsung in this case to determine the number of hours of deposition time Samsung has used up 5 in post-Preliminary Injunction, party depositions. My team calculated that Samsung has used up 6 105 hours of its allotted 250 hours, leaving less than 145 hours for their remaining depositions. 7 8 9 10 I declare under penalty of perjury that the foregoing is true and correct. Executed this 10th day of January, 2012 at San Francisco, California. /s/ Mia Mazza Mia Mazza 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MAZZA DECL. ISO APPLE’S MOTION FOR PROTECTIVE ORDER RE SAMSUNG’S FIRST 30(B)(6) NOTICE 11-CV-01846-LHK (PSG) sf-3091574 2 1 2 ATTESTATION OF E-FILED SIGNATURE I, Michael A. Jacobs, am the ECF User whose ID and password are being used to file this 3 Declaration. In compliance with General Order 45, X.B., I hereby attest that Mia Mazza has 4 concurred in this filing. 5 Dated: January 10, 2012 /s/ Michael A. Jacobs Michael A. Jacobs 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MAZZA DECL. ISO APPLE’S MOTION FOR PROTECTIVE ORDER RE SAMSUNG’S FIRST 30(B)(6) NOTICE 11-CV-01846-LHK (PSG) sf-3091574 3

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