Apple Inc. v. Samsung Electronics Co. Ltd. et al
Filing
659
First MOTION to Shorten Time on #658 Motion for Leave to Supplement Infringement Contentions filed by Samsung Electronics Co. Ltd.. (Attachments: #1 Proposed Order Granting Motion to Shorten, #2 Declaration in Support of Motion to Shorten, #3 Exhibit A)(Maroulis, Victoria) (Filed on 1/25/2012) Modified text on 1/26/2012 (dhm, COURT STAFF).
1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Bar No. 170151)
charlesverhoeven@quinnemanuel.com
50 California Street, 22nd Floor
San Francisco, California 94111
Telephone: (415) 875-6600
Facsimile: (415) 875-6700
Kevin P.B. Johnson (Bar No. 177129)
kevinjohnson@quinnemanuel.com
Victoria F. Maroulis (Bar No. 202603)
victoriamaroulis@quinnemanuel.com
555 Twin Dolphin Drive, 5th Floor
Redwood Shores, California 94065-2139
(650) 801-5000
Telephone:
Facsimile:
(650) 801-5100
Michael T. Zeller (Bar No. 196417)
michaelzeller@quinnemanuel.com
865 S. Figueroa St., 10th Floor
Los Angeles, California 90017
Telephone: (213) 443-3000
Facsimile: (213) 443-3100
Attorneys for SAMSUNG ELECTRONICS CO.,
LTD., SAMSUNG ELECTRONICS AMERICA,
INC. and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION
APPLE INC., a California corporation,
CASE NO. 11-cv-01846-LHK
MOTION TO SHORTEN TIME
FOR BRIEFING AND HEARING ON
SAMSUNG’S MOTION FOR LEAVE TO
SUPPLEMENT INFRINGEMENT
CONTENTIONS
Plaintiff,
vs.
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,
Defendant.
02198.51845/4565935.1
Case No. 11-cv-01846-LHK
MOTION TO SHORTEN TIME
1
Pursuant to Civil L.R. 6-3, Defendants Samsung Electronics Co. Ltd., Samsung Electronics
America, Inc., and Samsung Telecommunications America, LLC (collectively, “Samsung”)
hereby bring this motion to shorten time for the briefing and hearing schedule on Samsung’s
Motion for Leave to Supplement its Infringement Contentions. Specifically, Samsung requests
that:
1.
Apple’s Opposition to Samsung’s concurrently filed Motion for Leave to
Supplement Infringement Contentions be filed on Friday, January 27, 2012;
2.
Samsung’s Reply be filed on Monday, January 30, 2012;
3.
The hearing on Samsung’s Motion take place on Thursday, February 2, 2012 at
1:30 p.m., or such other time thereafter as the Court may calendar.
Shortened time is necessary because the relief requested, the addition of the iPhone 4S to
Samsung’s infringement contentions, needs to occur soon to give the parties the opportunity to
conduct written and fact discovery on the Apple device. Samsung sought a negotiated agreement
regarding inclusion of the iPhone 4S since November 22, 2011; however, Apple has reneged on an
agreement reached by the parties on January 4, 2012. Despite Samsung’s good faith effort,
additional attempts at a negotiated settlement have not been productive.
If Samsung’s Motion for Leave to Supplement its Infringement Contentions were decided
according to the schedule contemplated by the Local Rules, Apple’s opposition would not be due
until February 7, Samsung’s Reply until February 16, and the earliest Samsung could notice a
hearing is March 1. Moreover, the Court informed both parties at the conclusion of the Markman
Hearing that the earliest available hearing date was in May.
Finally, the issue to be decided is not complex and may reasonably be briefed and heard in
the time allotted. Thus, Samsung respectfully requests that the court decide this matter on a
shortened schedule.
Counsel for Samsung contacted Apple on January 24, 2012 and requested that it stipulate
to a shortened briefing schedule on its Motion for Leave to Supplement its Infringement
Contentions. Apple declined this request. Briggs Decl. ¶¶ 1, 2; Ex. A.
02198.51845/4565935.1
Case No. 11-cv-01846-LHK
CONCLUSION
1
2
3
4
Samsung has shown good cause why the Court should grant this Motion. For the
foregoing reasons, Samsung respectfully requests that the Court grant Samsung’s
Motion to Shorten Time for Briefing and Hearing on Samsung’s Motion for Leave to
5
Supplement its Infringement Contentions.
6
7
8
9
10
January 24, 2012
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
11
12
13
14
15
16
17
By /s/ Victoria F. Maroulis
Charles K. Verhoeven
Kevin P.B. Johnson
Victoria F. Maroulis
Michael T. Zeller
Attorneys for SAMSUNG ELECTRONICS CO.,
LTD., SAMSUNG ELECTRONICS AMERICA,
INC., and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC
18
19
20
21
22
23
24
25
26
27
28
02198.51845/4565935.1
-2-
Case No. 11-cv-01846-LHK
MOTION TO SHORTEN TIME
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?