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

Filing 631

OPPOSITION to ( 602 Administrative Motion to File Under Seal ( re Samsung's January 10, 2012 Filings ) Apple's Opposition to Samsung's Renewed Motion to Compel Discovery Relating to Mac OS 10.0, filed by Apple Inc.. (Attachments: # 1 Mazza Declaration, # 2 Bartlett Declaration, # 3 Exhibit A to Bartlett Declaration, # 4 Exhibit B to Bartlett Declaration, # 5 Proposed Order)(Jacobs, Michael) (Filed on 1/17/2012) Modified text on 1/18/2012 (dhm, COURT STAFF).

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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 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 SAN JOSE DIVISION 16 17 APPLE INC., a California corporation, Plaintiff, 18 19 20 21 22 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., 23 Defendants. Case No. 11-cv-01846-LHK (PSG) DECLARATION OF MIA MAZZA IN SUPPORT OF APPLE’S OPPOSITION TO SAMSUNG’S RENEWED MOTION TO COMPEL DISCOVERY RELATING TO MAC OS 10.0 Date: Time: Place: Judge: January 19, 2012 10:00 a.m. Courtroom 5, 4th Floor Hon. Paul S. Grewal 24 25 26 27 28 MAZZA DECL. ISO APPLE’S OPP. TO SAMSUNG’S RENEWED MOT. TO COMPEL DISC. RE: MAC OS 10.0 CASE NO. 11-CV-01846-LHK (PSG) sf-3094485 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 or understand them to be true from 5 members of my litigation team. I make this Declaration in support of Apple’s Opposition to 6 Samsung’s Renewed Motion to Compel Discovery Relating to Mac OS 10. 7 2. The parties held their first in-person lead trial counsel meeting on January 5, 2012, 8 to discuss the parties’ respective positions on numerous outstanding discovery issues and 9 determine whether those issues could be resolved without court intervention. The night before 10 the meeting, Apple advised Samsung by letter that technicians were working on resolving the 11 brightness window problem on the computer made available to Samsung. That letter is attached 12 to the Declaration of Jason R. Bartlett in Support of Apple’s Opposition to Samsung’s Motion to 13 Enforce Various Court Orders filed herewith as Exhibit B. 14 3. Samsung did not raise the Mac OS 10.0 computer issue the next day during the 15 lead counsel conference. Nor did Samsung communicate further with Apple on this issue before 16 filing its motion to compel on January 11, 2012. 17 18 19 20 21 I declare under penalty of perjury that the foregoing is true and correct. Executed this 17th day of January, 2012, at San Francisco, California. /s/ Mia Mazza Mia Mazza 22 23 24 25 26 27 28 MAZZA DECL. ISO APPLE’S OPP. TO SAMSUNG’S RENEWED MOT. TO COMPEL DISC. RE: MAC OS 10.0 CASE NO. 11-CV-01846-LHK (PSG) sf-3094485 1 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 17, 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 OPP. TO SAMSUNG’S RENEWED MOT. TO COMPEL DISC. RE: MAC OS 10.0 CASE NO. 11-CV-01846-LHK (PSG) sf-3094485 1

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