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

Filing 636

DECLARATION in Opposition to #602 Administrative Motion to File Under Seal re Samsung's January 10, 2012 Filings Bartlett and Mazza Declarations in Support of Apple's Opposition to Samsung's Motion to Compel filed byApple Inc.. (Attachments: #1 Exhibit 1 to Bartlett Declaration, #2 Exhibit 2 to Bartlett Declaration, #3 Exhibit 3 to Bartlett Declaration, #4 Exhibit 4 to Bartlett Declaration, #5 Exhibit 5 to Bartlett Declaration, #6 Exhibit 6 to Bartlett Declaration, #7 Exhibit 7 to Bartlett Declaration, #8 Exhibit 8 to Bartlett Declaration, #9 Mazza Declaration, #10 Exhibit A to Mazza Declaration, #11 Proposed Order)(Related document(s) #602 ) (Hung, Richard) (Filed on 1/17/2012)

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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., Case No. 11-cv-01846-LHK (PSG) DECLARATION OF MIA MAZZA IN SUPPORT OF APPLE’S OPPOSITION TO SAMSUNG’S MOTION TO COMPEL Date: Time: Place: Judge: 23 Defendants. 24 25 26 27 28 MAZZA DECL. ISO APPLE’S OPP. TO SAMSUNG’S MOT. TO COMPEL CASE NO. 11-CV-01846-LHK (PSG) sf-3094618 January 19, 2012 10:00 a.m. Courtroom 5, 4th Floor Hon. Paul S. Grewal 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 Motion to Compel Apple to Produce Documents and Things. 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. That same day, 10 before the meeting, Apple sent Samsung a letter setting forth its position on the discovery issues 11 raised by Samsung. That letter is attached as Exhibit B to the Declaration of Jason R. Bartlett in 12 support of Apple’s Opposition to Samsung’s Motion to Enforce Various Court Orders. 13 14 15 3. At the January 5, 2012 lead trial counsel meeting, Samsung did not raise the issue of documents relating to “business plans and strategies.” 4. At the January 5, 2012 lead trial counsel meeting and in follow-up 16 correspondence, the parties mutually agreed to provide deposition dates for all noticed witnesses 17 by January 13, 2012. In accord with that agreement, Apple provided deposition dates for all of 18 the noticed Apple witnesses by January 13, 2012. Attached hereto as Exhibit A is a January 13, 19 2012 email from Samsung’s counsel to Apple’s counsel regarding deposition dates for Samsung 20 witnesses, with the witnesses’ names redacted. 21 22 23 24 25 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 26 27 28 MAZZA DECL. ISO APPLE’S OPP. TO SAMSUNG’S MOT. TO COMPEL CASE NO. 11-CV-01846-LHK (PSG) sf-3094618 1 1 2 ATTESTATION OF E-FILED SIGNATURE I, Richard S.J. Hung, 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/ Richard S.J. Hung Richard S.J. Hung 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 MOT. TO COMPEL CASE NO. 11-CV-01846-LHK (PSG) sf-3094618 1

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