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)
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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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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[PROPOSED] ORDER GRANTING
APPLE INC.’S MOTION TO STRIKE
EVIDENCE NOT DISCLOSED AS
REQUIRED BY PATENT LOCAL RULE
4-3(b)
Defendants.
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Civil Action No. 11-CV-01846-LHK
Date: TBA
Time: TBA
Counterclaim-Plaintiffs,
v.
APPLE INC., a California corporation,
Counterclaim-Defendant.
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[PROPOSED] ORDER
Case No. 11-cv-01846 (LHK)
OPPOS
FOR
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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,
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17-23, 35-37, 39-42, 45-46, 51-57 and 64-65 of the Declaration of Joe Tipton Cole in Support of
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Samsung’s Proposed Claim Construction for U.S. Patent No. 7,698,711 (“Cole Declaration”), (2)
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Exhibits 2-4 and 6-12 of the Cole Declaration, and (3) Section V.B.1, paragraphs 4-6 of
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Samsung’s Opening Claim Construction Brief.
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IT IS SO ORDERED
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DATED: __________________, 2012
___________________________
Hon. Lucy H. Koh
United States District Court Judge
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[PROPOSED] ORDER
Case No. 11-cv-01846 (LHK)
OPPOS
FOR
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