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 1

Hung, Richard S. J.
From:

Hung, Richard S. J.

Sent:

Thursday, February 02, 2012 10:19 PM

To:

Todd Briggs; 'Victoria Maroulis'

Cc:

Jacobs, Michael A.; [e-mail]; Monach, Andrew E.; Ow, Eric W

Subject:

Apple v. Samsung -- Revised New Products Stipulation

Attachments:

SAN FRANCISCO-#3101227-v9-120202_New_Products_Stipulation.DOC;
WS_BinaryComparison_SAN FRANCISCO-#3101227-v8120202_New_Products_Stipulation-SAN FRANCISCO-#3101227-v9120202_New_Products_Stipulation.doc

SentFromDeltaView: 0
Todd -Here you go. Attached is a draft deleting "substantially" from both parties' sections, as discussed. It
includes our revised proposal re: additional discovery (to replace our prior "good cause" language). I
think that the latter point is the only (but significant) point on which we disagree.
Please let me know your thoughts.
Rich

___________________________
Richard S.J. Hung
Morrison & Foerster LLP
425 Market Street
San Francisco, CA 94105
[phone] (direct)
[phone] (fax)
[e-mail]
www.mofo.com

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
23
24

Plaintiff Apple Inc. (“Apple”) and Defendants Samsung Electronics Co. Ltd., Samsung

25

Electronics America, Inc., and Samsung Telecommunications America, LLC (collectively,

26

“Samsung”), stipulate as follows:

27
28

On August 26, 2011, Apple served its Disclosure of Asserted Claims and Infringement
Contentions, as well as an addendum thereto, in accordance with Patent Local Rule 3-1. On
02198.51855/4577239.2 STIPULATION AND [PROPOSED] ORDER REGARDING ADDING ACCUSED PRODUCTS

CASE NO. 11-CV-01846-LHK

1

1

September 7, 2011, Samsung served its Disclosure of Asserted Claims and Infringement

2

Contentions, also in accordance with Patent Local Rule 3-1.

3

Since then, both Apple and Samsung have released new products. The parties discussed a

4

stipulated addition of Apple’s iPhone 4S as an Accused Instrumentality and addition or

5

clarification of eighteen Samsung products as Accused Instrumentalities, but reached an impasse.

6

Samsung then moved for leave to amend its infringement contentions to add the iPhone 4S. At

7

the Court’s suggestion, the parties further conferred and have entered into a stipulation regarding

8

the addition of the below products. The parties expressly reserve all rights to assert any

9

additional claims against any products outside this above captioned litigation.

10

The parties agree that Apple may add or clarify as Accused Instrumentalities in this

11

action, without adding patents-in-suit or asserting infringement of any claims of the patents-in

12

suit that were not asserted in Apple’s initial Infringement Contentions, the Galaxy Nexus, Galaxy

13

S II Skyrocket, Galaxy S II Epic 4G Touch, Galaxy Tab 7.0 Plus, Galaxy Tab 8.9, Gravity Smart,

14

and Showcase i500. Apple further agrees that its theories of infringement against the Galaxy S II

15

Skyrocket, Galaxy S II Epic 4G Touch, Galaxy Tab 7.0 Plus, Galaxy Tab 8.9, Gravity Smart, and

16

Showcase i500 will not change substantially from the theories of infringement for related

17

products that Apple asserted in its August 26, 2011 infringement contentions. Apple shall serve

18

Amended Supplemental Infringement Contentions under Patent Local Rule 3-1 for these

19

additional Accused Instrumentalities within five days of the Court’s entry of an Order

20

implementing this Stipulation. Samsung shall comply with Patent Local Rule 3-4(a) with respect

21

to these additional Accused Instrumentalities within ten days of Apple’s service of its

22

Supplemental Infringement Contentions.

23

The parties agree that Samsung may add as an Accused Instrumentality in this action,

24

without adding patents-in-suit or asserting infringement of any claims of the patents-in suit that

25

were not asserted in Samsung’s initial Infringement Contentions, the Apple iPhone 4S. Samsung

26

further agrees that its theories of infringement against the iPhone 4S will not change from the

27

theories of infringement Samsung asserted in the draft supplemental infringement contentions for

28

three of Samsung's asserted patents that it provided to Apple on January 4, 2012 and will not
02198.51855/4577239.2 STIPULATION AND [PROPOSED] ORDER REGARDING ADDING ACCUSED PRODUCTS

CASE NO. 11-CV-01846-LHK

2

1

change substantially from the theories of infringement for related products that Samsung asserted

2

in its September 7, 2011 infringement contentions for the other nine Samsung asserted patents.

3

Samsung shall serve Amended Supplemental Infringement Contentions under Patent Local Rule

4

3-1 for this additional Accused Instrumentality within five days of the Court’s entry of an Order

5

implementing this Stipulation. Apple shall comply with Patent Local Rule 3-4(a) with respect to

6

this additional Accused Instrumentality within ten days of Samsung’s service of its Supplemental

7

Infringement Contentions.

8
9

The addition of these Accused Instrumentalities does not constitute grounds for
Supplemental Invalidity Contentions under Patent Local Rule 3-3, the addition of proposed terms

10

for construction under Patent Local Rule 4-2.2, or discovery that is not reasonably and directly

11

necessitated by the addition of these instrumentalities (such as the re-taking of any depositions).

12

Neither party will argue that the addition of these Accused Instrumentalities to this lawsuit is

13

untimely or constitutes an admission that they infringe.

14

The service of the aforementioned Supplemental Infringement Contentions shall not affect

15

the total number of claim terms to be construed and shall not change any dates as set forth in the

16

Court’s August 25, 2011 Case Management Order, including the trial date. The parties agree to

17

supplement their discovery to account for these new products within twenty one days.

18

So Stipulated:

19
20
21
22
23
24
25
26
27
28
02198.51855/4577239.2 STIPULATION AND [PROPOSED] ORDER REGARDING ADDING ACCUSED PRODUCTS

CASE NO. 11-CV-01846-LHK

3

1

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

2
3
4
5
6
7
8
9

Attorneys for Plaintiff
APPLE INC.

10

Attorneys for SAMSUNG ELECTRONICS
CO. LTD, SAMSUNG ELECTRONICS
AMERICA, INC., AND SAMSUNG
TELECOMMUNICATIONS AMERICA,
LLC.

11
12
13
IT IS SO ORDERED.
14
15
16
Dated: ___________________, 2012

By:

17
18

Honorable Lucy H. Koh

19
20
21
22
23
24
25
26
27
28
02198.51855/4577239.2 STIPULATION AND [PROPOSED] ORDER REGARDING ADDING ACCUSED PRODUCTS

CASE NO. 11-CV-01846-LHK

4

Document comparison by Workshare Professional on Thursday, February 02,
2012 10:18:00 PM
Input:
Document 1 ID
Description
Document 2 ID
Description
Rendering set

PowerDocs://SAN FRANCISCO/3101227/8
SAN FRANCISCO-#3101227-v8120202_New_Products_Stipulation
PowerDocs://SAN FRANCISCO/3101227/9
SAN FRANCISCO-#3101227-v9120202_New_Products_Stipulation
standard

Legend:
Insertion
Deletion
Moved from
Moved to
Style change
Format change
Moved deletion
Inserted cell
Deleted cell
Moved cell
Split/Merged cell
Padding cell
Statistics:
Count
Insertions
Deletions
Moved from
Moved to
Style change
Format changed

1
3
0
0
0
0

Total changes

4

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

27

September 7, 2011, Samsung served its Disclosure of Asserted Claims and Infringement

28

Contentions, also in accordance with Patent Local Rule 3-1.
02198.51855/4577239.2 STIPULATION AND [PROPOSED] ORDER REGARDING ADDING ACCUSED PRODUCTS

CASE NO. 11-CV-01846-LHK

1

1

Since then, both Apple and Samsung have released new products. The parties discussed a

2

stipulated addition of Apple’s iPhone 4S as an Accused Instrumentality and addition or

3

clarification of eighteen Samsung products as Accused Instrumentalities, but reached an impasse.

4

Samsung then moved for leave to amend its infringement contentions to add the iPhone 4S. At

5

the Court’s suggestion, the parties further conferred and have entered into a stipulation regarding

6

the addition of the below products. The parties expressly reserve all rights to assert any

7

additional claims against any products outside this above captioned litigation.

8
9

The parties agree that Apple may add or clarify as Accused Instrumentalities in this
action, without adding patents-in-suit or asserting infringement of any claims of the patents-in

10

suit that were not asserted in Apple’s initial Infringement Contentions, the Galaxy Nexus, Galaxy

11

S II Skyrocket, Galaxy S II Epic 4G Touch, Galaxy Tab 7.0 Plus, Galaxy Tab 8.9, Gravity Smart,

12

and Showcase i500. Apple further agrees that its theories of infringement against the Galaxy S II

13

Skyrocket, Galaxy S II Epic 4G Touch, Galaxy Tab 7.0 Plus, Galaxy Tab 8.9, Gravity Smart, and

14

Showcase i500 will not change from the theories of infringement for related products that Apple

15

asserted in its August 26, 2011 infringement contentions. Apple shall serve Amended

16

Supplemental Infringement Contentions under Patent Local Rule 3-1 for these additional Accused

17

Instrumentalities within five days of the Court’s entry of an Order implementing this Stipulation.

18

Samsung shall comply with Patent Local Rule 3-4(a) with respect to these additional Accused

19

Instrumentalities within ten days of Apple’s service of its Supplemental Infringement

20

Contentions.

21

The parties agree that Samsung may add as an Accused Instrumentality in this action,

22

without adding patents-in-suit or asserting infringement of any claims of the patents-in suit that

23

were not asserted in Samsung’s initial Infringement Contentions, the Apple iPhone 4S. Samsung

24

further agrees that its theories of infringement against the iPhone 4S will not change from the

25

theories of infringement Samsung asserted in the draft supplemental infringement contentions for

26

three of Samsung's asserted patents that it provided to Apple on January 4, 2012 and will not

27

change from the theories of infringement for related products that Samsung asserted in its

28

September 7, 2011 infringement contentions for the other nine Samsung asserted patents.
02198.51855/4577239.2 STIPULATION AND [PROPOSED] ORDER REGARDING ADDING ACCUSED PRODUCTS

CASE NO. 11-CV-01846-LHK

2

1

Samsung shall serve Amended Supplemental Infringement Contentions under Patent Local Rule

2

3-1 for this additional Accused Instrumentality within five days of the Court’s entry of an Order

3

implementing this Stipulation. Apple shall comply with Patent Local Rule 3-4(a) with respect to

4

this additional Accused Instrumentality within ten days of Samsung’s service of its Supplemental

5

Infringement Contentions.

6

The addition of these Accused Instrumentalities does not constitute grounds for

7

Supplemental Invalidity Contentions under Patent Local Rule 3-3, the addition of proposed terms

8

for construction under Patent Local Rule 4-2, or discovery that is not reasonably and directly

9

necessitated by the addition of these instrumentalities (such as the re-taking of any depositions).

10

Neither party will argue that the addition of these Accused Instrumentalities to this lawsuit is

11

untimely or constitutes an admission that they infringe.

12

The service of the aforementioned Supplemental Infringement Contentions shall not affect

13

the total number of claim terms to be construed and shall not change any dates as set forth in the

14

Court’s August 25, 2011 Case Management Order, including the trial date. The parties agree to

15

supplement their discovery to account for these new products within twenty one days.

16

So Stipulated:

17

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

18
19
20
21
22
23
24
25
26

Attorneys for Plaintiff
APPLE INC.

27

Attorneys for SAMSUNG ELECTRONICS
CO. LTD, SAMSUNG ELECTRONICS
AMERICA, INC., AND SAMSUNG
TELECOMMUNICATIONS AMERICA,
LLC.

28
02198.51855/4577239.2 STIPULATION AND [PROPOSED] ORDER REGARDING ADDING ACCUSED PRODUCTS

CASE NO. 11-CV-01846-LHK

3

1

IT IS SO ORDERED.

2
3
4

Dated: ___________________, 2012

By:

5
Honorable Lucy H. Koh
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
02198.51855/4577239.2 STIPULATION AND [PROPOSED] ORDER REGARDING ADDING ACCUSED PRODUCTS

CASE NO. 11-CV-01846-LHK

4