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).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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APPLE, INC.,
PLAINTIFF,
V.
SAMSUNG ELECTRONICS
COMPANY, LTD., ET AL.,
DEFENDANTS.
_______________________

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C-11-01846-LHK
JANUARY 17, 2012

PAGES 1 - 139

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THE PROCEEDINGS WERE HELD BEFORE

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THE HONORABLE UNITED STATES DISTRICT

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JUDGE LUCY H. KOH

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A P P E A R A N C E S:

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FOR THE PLAINTIFF:

MORRISON & FOERSTER
BY: HAROLD J. MCELHINNY
DEOK KEUN MATTHEW AHN
425 MARKET STREET
SAN FRANCISCO, CALIFORNIA 94105
WILMER, CUTLER, PICKERING, HALE
AND DORR
BY: DAVID B. BASSETT
399 PARK AVENUE
NEW YORK, NEW YORK 10022

(APPEARANCES CONTINUED ON THE NEXT PAGE.)
OFFICIAL COURT REPORTER: IRENE RODRIGUEZ, CSR, CRR
CERTIFICATE NUMBER 8074
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U.S. COURT REPORTERS

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SAN JOSE, CALIFORNIA

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JANUARY 17, 2012

P R O C E E D I N G S

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(WHEREUPON, COURT CONVENED AND THE

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FOLLOWING PROCEEDINGS WERE HELD:)

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C-11-01846-LHK, APPLE, INCORPORATED, VERSUS SAMSUNG

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ELECTRONICS COMPANY LIMITED, ET AL.

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HONOR.

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& FOERSTER; AND WITH ME AT COUNSEL TABLE IS DAVID

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BASSETT FROM THE WILMER HALE FIRM; AND OUR EXPERT,

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DR. RAVIN BALAKRISHNAN; AND MATT ANH FROM MORRISON

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& FOERSTER.

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THE COURT:

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MR. VERHOEVEN:

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AFTERNOON, YOUR HONOR.

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REPRESENTING SAMSUNG.

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MY PARTNERS KEVIN JOHNSON --

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MR. JOHNSON:

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THE COURT:

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MR. VERHOEVEN:

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TODD BRIGGS, AND WE HAVE SEVERAL REPRESENTATIVES OF

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SAMSUNG IN THE COURTROOM, YOUR HONOR.

THE CLERK:

CALLING CASE NUMBER

COUNSEL, STATE YOUR APPEARANCES, PLEASE.
MR. MCELHINNY:

GOOD AFTERNOON, YOUR

FOR APPLE IT'S HAROLD MCELHINNY OF MORRISON

GOOD AFTERNOON.
I'M HERE.

GOOD

CHARLES VERHOEVEN
WITH ME AT COUNSEL TABLE ARE

GOOD AFTERNOON, YOUR HONOR.
GOOD AFTERNOON.
-- VICTORIA MAROULIS AND

I'M NOT
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U.S. COURT REPORTERS

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KNOWLEDGE, YOUR HONOR.

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THE COURT:

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MR. JOHNSON:

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ACTUALLY LESS THAN THAT THAT WE STARTED WITH.

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STARTED WITH SOMEWHERE AROUND 70 OR 80 AND THEN

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NARROWED IT DOWN PRETTY QUICKLY ACTUALLY DURING THE

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MEET AND CONFER PROCESS.

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OF -- SO OUR VIEW IS THAT I THINK IF WE, IF WE

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BROKE IT DOWN, IT MAY BE DISPOSITIVE AS TO THE

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WHOLE PATENT BUT IN TERMS OF THE WAY THE PATENT HAS

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BEEN ASSERTED IN THE CASE, WE BELIEVE THAT

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CONSTRUING THE CLAIMS THAT I JUST GAVE YOU FOR

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THOSE PATENTS WOULD, IF WE WIN ON OUR

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CONSTRUCTIONS, THAT PATENT GOES AWAY.

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DECIDED THE TRIAL WOULD PROCEED?

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GOING TO PICK SOME SUBSET OF THE CLAIMS THAT ARE

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BEING PRESENTED FOR CONSTRUCTION, OR WHAT DID YOU

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HAVE IN MIND?

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THE COURT:

OKAY.
YOUR HONOR, I THINK IT WAS
WE

AND I GUESS I SHOULD ASK YOU

WHEN YOU SAY IT IS DISPOSITIVE, IS IT DISPOSITIVE
OF THE PATENT OR OF JUST THAT CLAIM?
MR. JOHNSON:

THE COURT:

OF THE ASSERTED CLAIMS

OKAY.

MR. MCELHINNY:

HOW HAVE YOU ALL
ARE YOU JUST

THAT I THINK AT LEAST

FROM MY PERSPECTIVE, YOUR HONOR, I WAS HOPING THAT
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U.S. COURT REPORTERS

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CERTIFICATE OF REPORTER

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I, THE UNDERSIGNED OFFICIAL COURT
REPORTER OF THE UNITED STATES DISTRICT COURT FOR

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THE NORTHERN DISTRICT OF CALIFORNIA, 280 SOUTH

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FIRST STREET, SAN JOSE, CALIFORNIA, DO HEREBY

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CERTIFY:

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THAT THE FOREGOING TRANSCRIPT,

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CERTIFICATE INCLUSIVE, CONSTITUTES A TRUE, FULL AND

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CORRECT TRANSCRIPT OF MY SHORTHAND NOTES TAKEN AS

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SUCH OFFICIAL COURT REPORTER OF THE PROCEEDINGS

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HEREINBEFORE ENTITLED AND REDUCED BY COMPUTER-AIDED

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TRANSCRIPTION TO THE BEST OF MY ABILITY.

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/S/
_____________________________
IRENE RODRIGUEZ, CSR, CRR
CERTIFICATE NUMBER 8074
DATED:

JANUARY 19, 2012
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U.S. COURT REPORTERS