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

Filing 658

First MOTION for Leave to Supplement Its Infringement Contentions filed by Samsung Electronics Co. Ltd.. (Attachments: # 1 Declaration in support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Proposed Order Granting Motion for Leave to Amend)(Maroulis, Victoria) (Filed on 1/25/2012) Modified text on 1/26/2012 (dhm, COURT STAFF).

Download PDF
EXHIBIT K Todd Briggs From: Sent: To: Cc: Subject: Attachments: Selwyn, Mark [Mark.Selwyn@wilmerhale.com] Friday, January 06, 2012 8:12 PM Todd Briggs RHung@mofo.com; JasonBartlett@mofo.com; DAhn@mofo.com; Kolovos, Peter Apple v. Samsung -- Draft Stipulation and Proposed Order Regarding Adding Accused Products Stipulation and Proposed Order re Adding Accused Products - 4.DOC Todd:    Per our discussion, for your review.    Mark    1 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 SAN JOSE DIVISION 12 13 APPLE INC., 14 15 16 17 18 Case No. Plaintiff, v. 11-cv-01846-LHK STIPULATION AND [PROPOSED] ORDER REGARDING ADDING ACCUSED PRODUCTS 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., 19 Defendants. 20 21 22 Plaintiff Apple Inc. (“Apple”) and Defendants Samsung Electronics Co. Ltd., Samsung 23 Electronics America, Inc., and Samsung Telecommunications America, LLC (collectively, 24 “Samsung”), stipulate as follows: 25 On August 26, 2011, Apple served its Disclosure of Asserted Claims and Infringement 26 Contentions, as well as an addendum thereto, in accordance with Patent Local Rule 3-1. On the 27 same day, Samsung served its Disclosure of Asserted Claims and Infringement Contentions, also 28 in accordance with Patent Local Rule 3-1. STIPULATION AND [PROPOSED] ORDER REGARDING ADDING ACCUSED PRODUCTS CASE NO. 11-CV-01846-LHK sf-3069416 1 1 Since then, both Apple and Samsung have released new products. 2 The parties agree that Apple may add as Accused Instrumentalities in this action, without 3 adding patents-in-suit or asserting infringement of any claims of the patents-in suit that were not 4 asserted in Apple’s initial Infringement Contentions, the following Samsung Products: 5 Galaxy Nexus Galaxy Player 4.0 Galaxy Player 5.0 Galaxy Tab 7.0 Plus 6 Galaxy Tab 8.9 Galaxy S II Epic 4G Galaxy S II Skyrocket Admire 7 Touch 8 Captivate Glide Conquer 4G Dart Exhibit II 4G 9 Focus S Gravity Smart Illusion Showcase i500 Stratosphere Transform Ultra 10 11 Apple shall serve Amended Supplemental Infringement Contentions under Patent Local 12 Rule 3-1 for these additional Accused Instrumentalities within five days of the Court’s entry of an 13 Order implementing this Stipulation. Samsung shall comply with Patent Local Rule 3-4(a) with 14 respect to these additional Accused Instrumentalities within ten days of Apple’s service of its 15 Supplemental Infringement Contentions. 16 The parties agree that Samsung may add as an Accused Instrumentality in this action, 17 without adding patents-in-suit or asserting infringement of any claims of the patents-in suit that 18 were not asserted in Samsung’s initial Infringement Contentions, the Apple iPhone 4S. 19 Samsung shall serve Amended Supplemental Infringement Contentions under Patent 20 Local Rule 3-1 for this additional Accused Instrumentality within five days of the Court’s entry of 21 an Order implementing this Stipulation. Apple shall comply with Patent Local Rule 3-4(a) with 22 respect to this additional Accused Instrumentality within ten days of Samsung’s service of its 23 Supplemental Infringement Contentions. 24 The addition of these Accused Instrumentalities does not constitute grounds for 25 Supplemental Invalidity Contentions under Patent Local Rule 3-3, or the addition of proposed 26 terms for construction. 27 28 STIPULATION AND [PROPOSED] ORDER REGARDING ADDING ACCUSED PRODUCTS CASE NO. 11-CV-01846-LHK sf-3069416 2 1 The service of the aforementioned Supplemental Infringement Contentions shall not affect 2 the total number of claim terms to be construed and shall not change any dates or discovery 3 limitations set forth in the Court’s previous Orders. 4 So Stipulated: 5 Dated: January _____, 2012 Dated January _____, 2012 MORRISON & FOERSTER LLP QUINN EMANUEL URQUHART & SULLIVAN, LLP By:_____________________________ HAROLD J. MCELHINNY MICHAEL A. JACOBS JENNIFER LEE TAYLOR ALISON M. TUCHER RICHARD S.J. HUNG JASON R. BARTLETT By:________________________________ CHARLES K. VERHOEVEN KEVIN P.B. JOHNSON VICTORIA F. MAROULIS EDWARD DEFRANCO MICHAEL T. ZELLER 6 7 8 9 10 11 12 13 14 Attorneys for Plaintiff APPLE INC. 15 Attorneys for SAMSUNG ELECTRONICS CO. LTD, SAMSUNG ELECTRONICS AMERICA, INC., AND SAMSUNG TELECOMMUNICATIONS AMERICA, LLC. 16 17 IT IS SO ORDERED. 18 19 20 Dated: ___________________, 2012 By: 21 22 Honorable Lucy H. Koh 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER REGARDING ADDING ACCUSED PRODUCTS CASE NO. 11-CV-01846-LHK sf-3069416 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?