Apple Inc. v. Samsung Electronics Co. Ltd. et al
Filing
713
OPPOSITION to ( #658 First MOTION for Leave to Supplement Its Infringement Contentions ) filed by Apple Inc.. (Attachments: #1 Hung Declaration, #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 Exhibit M, #15 Proposed Order)(Hung, Richard) (Filed on 2/3/2012) Modified text on 2/6/2012 (dhm, COURT STAFF).
Page 1 of 11
From:
Todd Briggs [toddbriggs@quinnemanuel.com]
Sent:
Thursday, February 02, 2012 1:09 PM
To:
Todd Briggs; Ow, Eric W; Hung, Richard S. J.; Victoria Maroulis
Cc:
Jacobs, Michael A.
Subject:
RE: Activity in Case 5:11-cv-01846-LHK Apple Inc. v. Samsung Electronics Co. Ltd. et al Order on
Motion to Shorten Time
Attachments: Stipulation_re_New_Products QE Redlines.DOC
Mike and Eric,
Here is a new redline. We edited one sentence to make clear that we only provided Apple with
3 claim charts in early January and that Samsung will be serving supplemental contentions for
the other 9 Samsung patents as well. We also do not agree that the parties cannot retake
depositions. That language needs to be removed as I explained last night.
Mike – Can we have a call in an hour or so to finalize this?
Thanks, Todd
From: Todd Briggs
Sent: Thursday, February 02, 2012 12:11 PM
To: 'Ow, Eric W'; Hung, Richard S. J.; Victoria Maroulis
Cc: Jacobs, Michael A.
Subject: RE: Activity in Case 5:11-cv-01846-LHK Apple Inc. v. Samsung Electronics Co. Ltd. et al Order
on Motion to Shorten Time
Eric,
Can you explain what would constitute good cause to retake a deposition?
Thanks, Todd
From: Ow, Eric W [mailto:EOw@mofo.com]
Sent: Thursday, February 02, 2012 10:24 AM
To: Todd Briggs; Hung, Richard S. J.; Victoria Maroulis
Cc: Jacobs, Michael A.
Subject: RE: Activity in Case 5:11-cv-01846-LHK Apple Inc. v. Samsung Electronics Co. Ltd. et al Order
on Motion to Shorten Time
Todd,
I understand that Rich is out-of-office. Here is a revised version and redline.
Eric
From: Todd Briggs [mailto:toddbriggs@quinnemanuel.com]
Sent: Wednesday, February 01, 2012 8:27 PM
To: Ow, Eric W; Hung, Richard S. J.; Victoria Maroulis
Cc: Jacobs, Michael A.
Subject: RE: Activity in Case 5:11-cv-01846-LHK Apple Inc. v. Samsung Electronics Co. Ltd. et al Order
on Motion to Shorten Time
Page 2 of 11
Eric,
I accepted all of the changes in the redline you sent and made a few additional redlines in the attached document.
We removed the statement Apple added regarding the retaking of depositions. Samsung cannot stipulate to that.
However, Apple is free to argue that retaking of depositions should not be allowed in the event the issue arises.
Todd
From: Ow, Eric W [mailto:EOw@mofo.com]
Sent: Wednesday, February 01, 2012 4:20 PM
To: Hung, Richard S. J.; Victoria Maroulis
Cc: Todd Briggs; Jacobs, Michael A.
Subject: RE: Activity in Case 5:11-cv-01846- LHK Apple Inc. v. Samsung Electronics Co. Ltd. et al Order on Motion to
Shorten Time
Todd,
I understand that Rich and Vicki are out-of-office. Rich asked me to forward this to you.
Regards,
Eric
From: Hung, Richard S. J.
Sent: Wednesday, February 01, 2012 10:04 AM
To: 'victoriamaroulis@quinnemanuel.com'
Cc: 'toddbriggs@quinnemanuel.com'; Jacobs, Michael A.; Ow, Eric W
Subject: Re: Activity in Case 5:11-cv-01846- LHK Apple Inc. v. Samsung Electronics Co. Ltd. et al Order on Motion to
Shorten Time
Vicki I received this - thanks. My client proposed an edit late last night, and we are revising the draft for their review
now. We should be able to send you a draft by mid-afternoon. (Sorry - I also am OOO.)
Rich
From: Victoria Maroulis [mailto:victoriamaroulis@quinnemanuel.com]
Sent: Wednesday, February 01, 2012 06:24 AM
To: Hung, Richard S. J.
Cc: Todd Briggs
Subject: RE: Activity in Case 5:11-cv-01846- LHK Apple Inc. v. Samsung Electronics Co. Ltd. et al Order on Motion to
Shorten Time
Rich,
I am traveling all day today. Please work with Todd to get the stipulation finalized as soon as possible.
Thanks.
Vicki
Page 3 of 11
From: Hung, Richard S. J. [mailto:RHung@mofo.com]
Sent: Tuesday, January 31, 2012 6:19 PM
To: Victoria Maroulis; Jacobs, Michael A.; Sam.Maselli@wilmerhale.com
Cc: Bartlett, Jason R.; McElhinny, Harold J.; Todd Briggs; Kenneth Suh; Bill Trac; Mark.Selwyn@wilmerhale.com;
peter.kolovos@wilmerhale.com; Knisely, Cyndi L.
Subject: RE: Activity in Case 5:11-cv-01846- LHK Apple Inc. v. Samsung Electronics Co. Ltd. et al Order on Motion to
Shorten Time
Hi Vicki,
A few of our folks (both at Apple and WH) are in the air right now, unfortunately, so the further extension that we
discussed would be helpful. Attached is a draft.
As not to jam us up again, I've proposed Thursday for our opp. and Monday for your reply (giving you the weekend, if
necessary). If you want the dates earlier, though, please let me know.
Thanks -- Rich
Richard S.J. Hung
Morrison & Foerster LLP
rhung@mofo.com
(415) 268-7602
From: Victoria Maroulis [mailto:victoriamaroulis@quinnemanuel.com]
Sent: Tuesday, January 31, 2012 3:59 PM
To: Hung, Richard S. J.; Jacobs, Michael A.; Sam.Maselli@wilmerhale.com
Cc: Bartlett, Jason R.; McElhinny, Harold J.; Todd Briggs; Kenneth Suh; Bill Trac; Mark.Selwyn@wilmerhale.com;
peter.kolovos@wilmerhale.com; Knisely, Cyndi L.
Subject: RE: Activity in Case 5:11-cv-01846- LHK Apple Inc. v. Samsung Electronics Co. Ltd. et al Order on Motion to
Shorten Time
Rich,
We have some questions and comments that may be best resolved by a call. Can Todd and I call you or whoever
else wants to talk in about 15 min?
Vicki
From: Hung, Richard S. J. [mailto:RHung@mofo.com]
Sent: Tuesday, January 31, 2012 3:47 PM
To: Victoria Maroulis; Jacobs, Michael A.; Sam.Maselli@wilmerhale.com
Cc: Bartlett, Jason R.; McElhinny, Harold J.; Todd Briggs; Kenneth Suh; Bill Trac; Mark.Selwyn@wilmerhale.com;
peter.kolovos@wilmerhale.com; Knisely, Cyndi L.
Subject: RE: Activity in Case 5:11-cv-01846- LHK Apple Inc. v. Samsung Electronics Co. Ltd. et al Order on Motion to
Shorten Time
Vicki,
Here is a revised version and a redline. Please let us know your thoughts by 6PM, as our opposition is due tonight.
Thanks -- Rich
Page 4 of 11
Richard S.J. Hung
Morrison & Foerster LLP
rhung@mofo.com
(415) 268-7602
From: Victoria Maroulis [mailto:victoriamaroulis@quinnemanuel.com]
Sent: Tuesday, January 31, 2012 12:00 PM
To: Hung, Richard S. J.; Jacobs, Michael A.; Sam.Maselli@wilmerhale.com
Cc: Bartlett, Jason R.; McElhinny, Harold J.; Todd Briggs; Kenneth Suh; Bill Trac; Mark.Selwyn@wilmerhale.com;
peter.kolovos@wilmerhale.com; Knisely, Cyndi L.
Subject: RE: Activity in Case 5:11-cv-01846- LHK Apple Inc. v. Samsung Electronics Co. Ltd. et al Order on Motion to
Shorten Time
Mike,
Attached is a slightly revised redlined stipulation. Please let us know if you have any questions or revisions.
Thank you.
Victoria Maroulis
Partner,
Quinn Emanuel Urquhart & Sullivan, LLP
555 Twin Dolphin Drive, 5th Floor
Redwood Shores, CA 94065
650-801-5022 Direct
650.801.5000 Main Office Number
650.801.5100 FAX
victoriamaroulis@quinnemanuel.com
www.quinnemanuel.com
NOTICE: The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named above. This
message may be an attorney-client communication and/or work product and as such is privileged and confidential. If the reader of this message is not the
intended recipient or agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and
that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify
us immediately by e-mail, and delete the original message.
From: Victoria Maroulis
Sent: Monday, January 30, 2012 9:21 PM
To: Hung, Richard S. J.; Jacobs, Michael A.; Sam.Maselli@wilmerhale.com
Cc: Bartlett, Jason R.; McElhinny, Harold J.; Todd Briggs; Kenneth Suh; Bill Trac; Mark.Selwyn@wilmerhale.com;
peter.kolovos@wilmerhale.com; Knisely, Cyndi L.
Subject: RE: Activity in Case 5:11-cv-01846- LHK Apple Inc. v. Samsung Electronics Co. Ltd. et al Order on Motion to
Shorten Time
Mike,
Attached is the revised draft stipulation. We hope to provide you the final sign-off and any additional edits
tomorrow morning. Todd and I are available for another call in the morning if we need it.
Page 5 of 11
Thanks.
Victoria Maroulis
Partner,
Quinn Emanuel Urquhart & Sullivan, LLP
555 Twin Dolphin Drive, 5th Floor
Redwood Shores, CA 94065
650-801-5022 Direct
650.801.5000 Main Office Number
650.801.5100 FAX
victoriamaroulis@quinnemanuel.com
www.quinnemanuel.com
NOTICE: The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named above. This
message may be an attorney-client communication and/or work product and as such is privileged and confidential. If the reader of this message is not the
intended recipient or agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and
that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify
us immediately by e-mail, and delete the original message.
From: Victoria Maroulis
Sent: Monday, January 30, 2012 5:23 PM
To: Hung, Richard S. J.; Jacobs, Michael A.; Sam.Maselli@wilmerhale.com
Cc: Bartlett, Jason R.; McElhinny, Harold J.; Todd Briggs; Kenneth Suh; Bill Trac; Mark.Selwyn@wilmerhale.com;
peter.kolovos@wilmerhale.com; Knisely, Cyndi L.
Subject: RE: Activity in Case 5:11-cv-01846- LHK Apple Inc. v. Samsung Electronics Co. Ltd. et al Order on Motion to
Shorten Time
Mike, Rich, Mark, Peter,
We are close to an agreement, but we still need sign off from a few people on the revised stipulation. It would be
safest to file a stipulation right now seeking an extra day from the court for Apple’s opposition. However, if you
would rather try to get it done today, we will do our best to get back to you in a few hours. Please let me know
how you would like to proceed.
Thanks.
Victoria Maroulis
Partner,
Quinn Emanuel Urquhart & Sullivan, LLP
555 Twin Dolphin Drive, 5th Floor
Redwood Shores, CA 94065
650-801-5022 Direct
650.801.5000 Main Office Number
650.801.5100 FAX
victoriamaroulis@quinnemanuel.com
www.quinnemanuel.com
NOTICE: The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named above. This
message may be an attorney-client communication and/or work product and as such is privileged and confidential. If the reader of this message is not the
intended recipient or agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and
that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify
us immediately by e-mail, and delete the original message.
From: Hung, Richard S. J. [mailto:RHung@mofo.com]
Page 6 of 11
Sent: Monday, January 30, 2012 3:25 PM
To: Victoria Maroulis; Jacobs, Michael A.; Sam.Maselli@wilmerhale.com
Cc: Bartlett, Jason R.; McElhinny, Harold J.; Todd Briggs; Kenneth Suh; Bill Trac; Mark.Selwyn@wilmerhale.com;
peter.kolovos@wilmerhale.com; Knisely, Cyndi L.
Subject: RE: Activity in Case 5:11-cv-01846- LHK Apple Inc. v. Samsung Electronics Co. Ltd. et al Order on Motion to
Shorten Time
Vicki -Attached is the draft stip.
Rich
Richard S.J. Hung
Morrison & Foerster LLP
rhung@mofo.com
(415) 268-7602
From: Victoria Maroulis [mailto:victoriamaroulis@quinnemanuel.com]
Sent: Monday, January 30, 2012 2:57 PM
To: Jacobs, Michael A.; Sam.Maselli@wilmerhale.com
Cc: Hung, Richard S. J.; Bartlett, Jason R.; McElhinny, Harold J.; Todd Briggs; Kenneth Suh; Bill Trac;
Mark.Selwyn@wilmerhale.com; peter.kolovos@wilmerhale.com; Knisely, Cyndi L.
Subject: RE: Activity in Case 5:11-cv-01846- LHK Apple Inc. v. Samsung Electronics Co. Ltd. et al Order on Motion to
Shorten Time
Mike, Mark, and Peter,
Thank you for making time for the call this morning. As I mentioned on the call, we would appreciate seeing a
revised proposed stipulation as soon as possible while we are waiting to hear from Samsung.
Best,
Victoria Maroulis
Partner,
Quinn Emanuel Urquhart & Sullivan, LLP
555 Twin Dolphin Drive, 5th Floor
Redwood Shores, CA 94065
650-801-5022 Direct
650.801.5000 Main Office Number
650.801.5100 FAX
victoriamaroulis@quinnemanuel.com
www.quinnemanuel.com
NOTICE: The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named above. This
message may be an attorney-client communication and/or work product and as such is privileged and confidential. If the reader of this message is not the
intended recipient or agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and
that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify
us immediately by e-mail, and delete the original message.
From: Jacobs, Michael A. [mailto:MJacobs@mofo.com]
Page 7 of 11
Sent: Monday, January 30, 2012 6:13 AM
To: Victoria Maroulis; Sam.Maselli@wilmerhale.com
Cc: Hung, Richard S. J.; Bartlett, Jason R.; McElhinny, Harold J.; Todd Briggs; Kenneth Suh; Bill Trac;
Mark.Selwyn@wilmerhale.com; peter.kolovos@wilmerhale.com; Knisely, Cyndi L.
Subject: Re: Activity in Case 5:11-cv-01846- LHK Apple Inc. v. Samsung Electronics Co. Ltd. et al Order on Motion to
Shorten Time
Vicki,
Let's shoot for 10 am today. Please use 1 800 650 4949/268 7455.
Michael
From: Victoria Maroulis [mailto:victoriamaroulis@quinnemanuel.com]
Sent: Monday, January 30, 2012 06:07 AM
To: Jacobs, Michael A.; 'Sam.Maselli@wilmerhale.com'
Cc: Hung, Richard S. J.; Bartlett, Jason R.; McElhinny, Harold J.; Todd Briggs ;
Kenneth Suh ; Bill Trac ;
'Mark.Selwyn@wilmerhale.com' ; 'peter.kolovos@wilmerhale.com'
Subject: RE: Activity in Case 5:11-cv-01846- LHK Apple Inc. v. Samsung Electronics Co. Ltd. et al Order on Motion to
Shorten Time
Mike,
Thank you for your email. Because of the time difference, we will not be able to give you Samsung ’s definitive
response until around 5 pm PST today which is Tuesday morning Korea time. Since Apple ’s opposition can be filed
any time until midnight tonight should the parties not reach agreement, that ought to be workable. In the
meantime, Todd and I will call you think morning to discuss and clarify the scope of Apple ’s proposal. Can you
please advise what time you are available and please forward us Apple’s proposed amended contentions this
morning so that we can discuss those on the call as well?
Thank you.
Victoria Maroulis
Partner,
Quinn Emanuel Urquhart & Sullivan, LLP
555 Twin Dolphin Drive, 5th Floor
Redwood Shores, CA 94065
650-801-5022 Direct
650.801.5000 Main Office Number
650.801.5100 FAX
victoriamaroulis@quinnemanuel.com
www.quinnemanuel.com
NOTICE: The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named above. This
message may be an attorney-client communication and/or work product and as such is privileged and confidential. If the reader of this message is not the
intended recipient or agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and
that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify
us immediately by e-mail, and delete the original message.
From: Jacobs, Michael A. [mailto:MJacobs@mofo.com]
Sent: Sunday, January 29, 2012 8:30 PM
To: Victoria Maroulis; Sam.Maselli@wilmerhale.com
Page 8 of 11
Cc: Hung, Richard S. J.; Bartlett, Jason R.; McElhinny, Harold J.; Todd Briggs; Kenneth Suh; Bill Trac;
Mark.Selwyn@wilmerhale.com; peter.kolovos@wilmerhale.com
Subject: Re: Activity in Case 5:11-cv-01846- LHK Apple Inc. v. Samsung Electronics Co. Ltd. et al Order on Motion to
Shorten Time
Vicki,
Consistent with Judge Koh's encouragement in her order shortening time, we agree that both parties should discuss
possible compromises regarding adding new products to this litigation.
We understand that Samsung has rejected Apple's proposal to add 18 Samsung newly -released products to this
litigation, in exchange for Samsung's addition of the iPhone 4S. We also are mindful of both parties' desire to
preserve the July 30, 2012 trial date and Judge Koh's suggestion at the recent Markman tutorial that the parties
consider ways to streamline this case for trial.
With that background, we have revisited the proposed stipulation that Mark Selwyn forwarded on January 6, 2012
for possible compromises. We have concluded that six products were unnecessarily included on this list, as they
were previously covered by our earlier infringement contentions. These are:
(1) the Galaxy S II Skyrocket & Galaxy S II Epic 4G Touch (covered by our contentions directed to the "Galaxy S II");
(2) the Galaxy Tab 7.0 Plus and 8.9 (covered by our "Galaxy Tab" contentions); and
(3) the Gravity Smart and Showcase i500 (identical to the "Gravity" and "Galaxy Showcase," respectively, in our
prior contentions).
As for the remaining 12 products, in the spirit of compromise, we propose that the parties each amend their
contentions to add one new product. Samsung would add the iPhone 4S, and Apple would add the Galaxy Nexus.
The parties would reaffirm that this agreement would not cause the trial date to slip or be argued as a basis for
delay.
Infringement claims against other products would be brought in other lawsuits.
Please let us know your thoughts by tomorrow morning at 10AM. If it would be helpful to have a call to discuss
these issues early tomorrow morning, we are available.
Michael
From: Victoria Maroulis [mailto:victoriamaroulis@quinnemanuel.com]
Sent: Thursday, January 26, 2012 10:14 PM
To: 'Selwyn, Mark' ; 'Kolovos, Peter' ;
'Sam.Maselli@wilmerhale.com'
Cc: Hung, Richard S. J.; Bartlett, Jason R.; Jacobs, Michael A.; McElhinny, Harold J.; Todd Briggs
; Kenneth Suh ; Bill Trac
Subject: FW: Activity in Case 5:11-cv-01846-LHK Apple Inc. v. Samsung Electronics Co. Ltd. et al Order on Motion
to Shorten Time
Mark and Peter,
In today’s Court order on Samsung’s Motion to Shorten, the Court requested that the parties renew their
negotiations regarding the addition of iPhone 4S to the case and attempt to submit a stipulation before the close
briefing on February 2. Please consider the Court’s instruction and advise whether Apple would consent to
Samsung’s supplementation of its infringement contentions.
Thank you.
Victoria Maroulis
Partner,
Quinn Emanuel Urquhart & Sullivan, LLP
555 Twin Dolphin Drive, 5th Floor
Redwood Shores, CA 94065
650-801-5022 Direct
650.801.5000 Main Office Number
650.801.5100 FAX
victoriamaroulis@quinnemanuel.com
www.quinnemanuel.com
NOTICE: The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named above. This
message may be an attorney-client communication and/or work product and as such is privileged and confidential. If the reader of this message is not the
intended recipient or agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and
that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify
us immediately by e-mail, and delete the original message.
(or authorized to receive for the addressee), you may not use, copy or disclose to anyone the message or
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