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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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
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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., a California corporation,
Plaintiff,
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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.,
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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
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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
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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 or understand them to be true from
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members of my litigation team. I make this Declaration in support of Apple’s Opposition to
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Samsung’s Renewed Motion to Compel Discovery Relating to Mac OS 10.
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2.
The parties held their first in-person lead trial counsel meeting on January 5, 2012,
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to discuss the parties’ respective positions on numerous outstanding discovery issues and
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determine whether those issues could be resolved without court intervention. The night before
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the meeting, Apple advised Samsung by letter that technicians were working on resolving the
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brightness window problem on the computer made available to Samsung. That letter is attached
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to the Declaration of Jason R. Bartlett in Support of Apple’s Opposition to Samsung’s Motion to
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Enforce Various Court Orders filed herewith as Exhibit B.
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3.
Samsung did not raise the Mac OS 10.0 computer issue the next day during the
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lead counsel conference. Nor did Samsung communicate further with Apple on this issue before
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filing its motion to compel on January 11, 2012.
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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
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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
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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 17, 2012
/s/ Michael A. Jacobs
Michael A. Jacobs
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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
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