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 MIA MAZZA
IN SUPPORT OF MOTION FOR
PROTECTIVE ORDER
REGARDING SAMSUNG’S FIRST
30(b)(6) DEPOSITION NOTICE

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Defendants.
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MAZZA DECL. ISO APPLE’S MOTION FOR PROTECTIVE ORDER RE SAMSUNG’S FIRST 30(B)(6) NOTICE
11-CV-01846-LHK (PSG)
sf-3091574

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I, Mia Mazza, 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. Unless otherwise indicated, I

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have personal knowledge of the matters stated herein and, if called as a witness, could and would

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testify competently thereto. I make this declaration in support of Apple’s Motion for Protective

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Order Regarding Samsung’s First Rule 30(b)(6) Deposition Notice.

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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.
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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.

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5.

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January 3, 2012.

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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

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Apple Inc., containing Interrogatory Nos. 19–32. Interrogatory No. 19 reads as follows:

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“Separately for each APPLE ACCUSED PRODUCT, IDENTIFY: (1) Separately for each

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APPLE ACCUSED PRODUCT, IDENTIFY: (1) the Baseband Processor used; (2) the

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Executable Software incorporated or installed in the APPLE ACCUSED PRODUCT; (2) the 3

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GPP Release(s) supported (including which versions and subversions of the 3GPP specification

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are supported within each Release); (3) the version(s) of HSUPA supported; and (4) the

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version(s) of HSDPA supported, and IDENTIFY any documents which reflect these categories of

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information. Interrogatory No. 20 reads as follows: Separately for each APPLE ACCUSED

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PRODUCT and each Baseband Processor, IDENTIFY the Software or portions of Software

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(including corresponding file name and line numbers) for performing multiplexing, channel

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coding, interleaving, demultiplexing of radio frames, generating scrambling codes and/or rate

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matching, or state which of these functions are not performed by the APPLE ACCUSED

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MAZZA DECL. ISO APPLE’S MOTION FOR PROTECTIVE ORDER RE SAMSUNG’S FIRST 30(B)(6) NOTICE
11-CV-01846-LHK (PSG)
sf-3091574

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PRODUCT or Baseband Processor. Apple responded to both of these Interrogatories on

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October 26, 2011.

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7.

I have asked my litigation team to review the transcripts of depositions taken by

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Samsung in this case to determine the number of hours of deposition time Samsung has used up

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in post-Preliminary Injunction, party depositions. My team calculated that Samsung has used up

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105 hours of its allotted 250 hours, leaving less than 145 hours for their remaining depositions.

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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

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MAZZA DECL. ISO APPLE’S MOTION FOR PROTECTIVE ORDER RE SAMSUNG’S FIRST 30(B)(6) NOTICE
11-CV-01846-LHK (PSG)
sf-3091574

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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 Mia Mazza has

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concurred in this filing.

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Dated: January 10, 2012

/s/ Michael A. Jacobs
Michael A. Jacobs

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MAZZA DECL. ISO APPLE’S MOTION FOR PROTECTIVE ORDER RE SAMSUNG’S FIRST 30(B)(6) NOTICE
11-CV-01846-LHK (PSG)
sf-3091574

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