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

Filing 627

MOTION to Strike #623 Order on Administrative Motion to File Under Seal, Evidence Not Disclosed as Required by Patent Local Rule 4-3(B), Refiled by Court Order (D.N. 623) filed by Apple Inc.(a California corporation). Responses due by 1/13/2012. (Attachments: #1 Declaration of Mark D. Selwyn in Support of Apple's Motion to Strike, #2 Exhibit A, #3 Exhibit B, #4 Proposed Order)(Selwyn, Mark) (Filed on 1/13/2012)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 1 2 3 APPLE INC., a California corporation, 4 Plaintiff, 5 6 7 8 9 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, 12 13 14 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, 15 16 17 18 [PROPOSED] ORDER GRANTING APPLE INC.’S MOTION TO STRIKE EVIDENCE NOT DISCLOSED AS REQUIRED BY PATENT LOCAL RULE 4-3(b) Defendants. 10 11 Civil Action No. 11-CV-01846-LHK Date: TBA Time: TBA Counterclaim-Plaintiffs, v. APPLE INC., a California corporation, Counterclaim-Defendant. 19 20 21 22 23 24 25 26 27 28 1 [PROPOSED] ORDER Case No. 11-cv-01846 (LHK) OPPOS FOR 1 2 3 4 5 6 7 Plaintiff Apple Inc. (“Apple”) has moved for an order striking portions of Samsung’s opening claim construction brief, portions of an expert declaration, and certain exhibits submitted by Samsung in support of its proposed claim constructions, on the grounds that they contain or rely upon evidence that Samsung did not disclose in the parties’ Joint Claim Construction and Prehearing Statement. Having considered the arguments of the parties and the papers submitted, and good cause having been shown, the Court hereby grants Apple’s motion and strikes: (1) paragraphs 13-15, 8 17-23, 35-37, 39-42, 45-46, 51-57 and 64-65 of the Declaration of Joe Tipton Cole in Support of 9 Samsung’s Proposed Claim Construction for U.S. Patent No. 7,698,711 (“Cole Declaration”), (2) 10 Exhibits 2-4 and 6-12 of the Cole Declaration, and (3) Section V.B.1, paragraphs 4-6 of 11 12 Samsung’s Opening Claim Construction Brief. 13 14 IT IS SO ORDERED 15 DATED: __________________, 2012 ___________________________ Hon. Lucy H. Koh United States District Court Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 2 [PROPOSED] ORDER Case No. 11-cv-01846 (LHK) OPPOS FOR

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