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

Filing 668

MOTION to Shorten Time re #667 Samsung's Motion to Supplement Invalidity Contentions filed by Samsung Electronics Co. Ltd.. (Attachments: #1 Briggs Declaration, #2 Proposed Order)(Maroulis, Victoria) (Filed on 1/26/2012)

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Cal. Bar No. 170151)
2 [e-mail]
50 California Street, 22nd Floor
3 San Francisco, California 94111
Telephone: [phone]
4 Facsimile: [phone]
5 Kevin P.B. Johnson (Cal. Bar No. 177129)
[e-mail]
6 Victoria F. Maroulis (Cal. Bar No. 202603)
[e-mail]
7 555 Twin Dolphin Drive 5th Floor
Redwood Shores, California 94065
8 Telephone: [phone]
Facsimile: [phone]
9
Michael T. Zeller (Cal. Bar No. 196417)
10 [e-mail]
865 S. Figueroa St., 10th Floor
11 Los Angeles, California 90017
Telephone: [phone]
12 Facsimile: [phone]
13 Attorneys for SAMSUNG ELECTRONICS
CO., LTD., SAMSUNG ELECTRONICS
14 AMERICA, INC. and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

18 APPLE INC., a California corporation,

CASE NO. 11-cv-01846-LHK

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SAMSUNG’ MOTION TO SHORTEN
TIME FOR BRIEFING AND HEARING
ON ITS MOTION TO SUPPLEMENT
INVALIDITY CONTENTIONS

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Plaintiff,
vs.

21 SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity; SAMSUNG
22 ELECTRONICS AMERICA, INC., a New
York corporation; SAMSUNG
23 TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,
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Defendants.
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02198.51855/4572086.1

Case No. 11-cv-01846-LHK
SAMSUNG’S MOTION TO SHORTEN TIME

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Pursuant to Civil L.R. 6-3, Defendants Samsung Electronics Co. Ltd., Samsung Electronics

2 America, Inc., and Samsung Telecommunications America, LLC (collectively, “Samsung”)
3 hereby bring this motion to shorten time for briefing and hearing on Samsung’s Motion to
4 Supplement Its Invalidity Contentions.
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1.

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Specifically, Samsung requests that:

Apple’s Opposition to the Motion to Supplement Its Invalidity Contentions be filed
on or before Wednesday, February 1, 2012;

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2.

Samsung’s Reply be filed on or before Monday, February 6, 2012;

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3.

Hearing before Judge Koh occur on Thursday, February 16, 2012 at 1:30 p.m., or

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such other time thereafter as the Court may calendar.
Shortened time is necessary because Samsung is seeking to supplement its invalidity

11 contentions to include five additional prior art references related to five of Apple’s eight patents
12 prior to the March 8, 2012 close of fact discovery.

Samsung’s motion seeks to include 5

13 important prior art references that challenge the validity of Apple’s patents.

As described in

14 detail in its motion, Samsung has diligently investigated and pursued these prior art references,
15 and Apple is not prejudiced because it had prior notice of these references.
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If Samsung’s Motion to Supplement Its Invalidity Contentions were decided according to

17 the schedule set forth in Local Rule 7-2 and 7-3, Apple’s opposition would not be due until
18 February 9, 2012; Samsung’s reply would not be due until February 16, 2012, and a hearing would
19 be scheduled no sooner than May 2012 (based on the Court's comments at the conclusion of the
20 Markman Hearing).
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Counsel for Samsung Contacted Apple on January 26, 2012 and requested that it stipulate

22 to a shortened briefing schedule on its Motion to Supplement Its Infringement Contentions.
23 Apple did not respond to this request.
24 CONCLUSION
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Samsung has shown good cause why the Court should grant this Motion. For the

26 foregoing reasons, Samsung respectfully requests that the Court grant Samsung’s Motion to
27 Shorten Time For Briefing and Hearing On Samsung’s Motion to Supplement Its Invalidity
28 Contentions.
02198.51855/4572086.1

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Case No. 11-cv-01846-LHK
SAMSUNG’S MOTION TO SHORTEN TIME

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2 DATED: January 26, 2012
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QUINN EMANUEL URQUHART &
SULLIVAN, LLP

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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

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02198.51855/4572086.1

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Case No. 11-cv-01846-LHK
SAMSUNG’S MOTION TO SHORTEN TIME