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,
VS.
SAMSUNG ELECTRONICS, CO.,
LTD., ET AL,
DEFENDANT.

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CV-11-1846-LHK
SAN JOSE, CALIFORNIA
JANUARY 19, 2012
PAGES 1-276

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TRANSCRIPT OF PROCEEDINGS
BEFORE THE HONORABLE PAUL S. GREWAL
UNITED STATES DISTRICT JUDGE

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

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FOR THE PLAINTIFF:

MORRISON & FOERSTER, LLP
BY: MICHAEL JACOBS
JASON BARTLETT
HAROLD MCELHINNY
MIA MAZZA
425 MARKET STREET, 34TH FL
SAN FRANCISCO, CA 94105

FOR THE DEFENDANT:

QUINN EMANUEL
BY: DIANE HUTNYAN
865 S. FIGUEROA ST., 10TH FL
LOS ANGELES, CA 90017

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(APPEARANCES CONTINUED ON THE NEXT PAGE)

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OFFICIAL COURT REPORTER: SUMMER FISHER, CSR, CRR
CERTIFICATE NUMBER 13185
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SAN JOSE, CALIFORNIA

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P R O C E E D I N G S

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(WHEREUPON, COURT CONVENED AND THE
FOLLOWING PROCEEDINGS WERE HELD:)

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JANUARY 19, 2012

THE COURT:

MR. RIVERA, WOULD YOU CALL

THE NEXT MATTER ON THIS MORNING'S CALENDAR.

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THE CLERK:

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CALLING APPLE, INC. VERSUS SAMSUNG

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ELECTRONICS.

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YES, YOUR HONOR.

CASE NUMBER CV-11-1846.

MATTER ON FOR APPLE AND SAMSUNG DISCOVERY
MOTIONS.

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COUNSEL, PLEASE STATE YOUR APPEARANCES.

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MR. JACOBS:

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MICHAEL JACOBS FROM MORRISON

& FOERSTER, YOUR HONOR, FOR APPLE.

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WITH ME FROM MORRISON & FOERSTER IS

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JASON BARTLETT, HAROLD MCELHINNY AND MIA MAZZA AT

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COUNSEL TABLE.

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THE COURT:

GOOD MORNING, COUNSEL.

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MR. WALDEN:

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FROM WILMER HALE, MARK SELWYN.

GOOD MORNING, YOUR HONOR.
AND WITH

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ME TODAY IS MY PARTNER CALVIN WALDEN ALSO OF WILMER

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HALE.

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THE COURT:

GOOD MORNING AS WELL.

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MS. MAROULIS:

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VICTORIA MAROULIS, WITH QUINN EMANUEL,

GOOD MORNING, YOUR HONOR.

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BUT I WILL SAY WE DON'T THINK APPLE'S

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MOTIONS NEED TO BE HEARD ON A SHORTENED PERIOD OF

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TIME, BUT IT WOULD NOT BE PRODUCTIVE TO OPPOSE THEM

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GIVEN THE PRIOR ORDERS OF THE COURT.

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THE COURT:

I'LL NOTE APPLE'S MOTIONS

AREN'T THE ONLY ONES BEFORE ME THIS MORNING.

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MS. KASSABIAN:

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EFFECT -- WE ARE EQUALLY AT FAULT.

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THE COURT:

THAT'S WHERE THE DOG PILE

I ONLY NOTE ALL OF THIS TO

MAKE A PRETTY SIMPLE POINT.

MY TIME IS YOUR TIME.

I'M HERE TO DO WHAT I CAN TO RESOLVE

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THESE DISPUTES AND I'M FRANKLY INTERESTED, AS A LOT

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OF YOU KNOW, WITH THESE ISSUES, BUT THERE IS A COST

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HERE IMPOSED ON THESE PARTIES, A SERIOUS COST.

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I'M STRUCK BY THE IMPACT OF THIS TYPE OF

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PRACTICE ON ALL OF THE CIVIL RIGHTS, SOCIAL

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SECURITY AND OTHER PARTIES IN CASES THAT I HAVE

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PENDING BEFORE ME.

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NOTING ON THE RECORD THAT THIS TYPE OF PILE ON OR

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DOG PILE DOES HAVE COSTS THAT EXTEND BEYOND THE

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PARTIES AND THE COURT AND IT'S UNFORTUNATE THAT

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OTHER PEOPLE HAVE TO BEAR THOSE COSTS.

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ALL RIGHT.

AND I JUST THINK IT'S WORTHY OF

WELL, LET'S TURN TO THE

MATTERS AT HAND.
I WON'T PRETEND TO HAVE ANY TYPE OF
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MR. JACOBS:

WE INFERRED FROM THE

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SCHEDULE JUDGE KOH ENTERED AND FROM YOUR HONOR'S

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EARLIER GRANTS OF MOTIONS TO EXPEDITE THAT

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YOUR HONOR WAS MORE THAN -- NOT JUST OPEN, BUT IN A

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AWAY KIND OF SAYING LOOK, LET'S GET THESE TEED UP,

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LET'S GET THEM DECIDED, LET'S NOT PUT THEM ON THE

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ORDINARY TRACK BECAUSE IF WE DO THAT IT WILL BE A

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MONTH AND A HALF OUT.

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THE COURT:

THAT'S BEFORE I KNEW THERE

WERE NINE OF THEM IN THE CUE AND MORE TO COME.

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MR. JACOBS:

THAT'S WHY I'M GOING.

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WE REALLY WANT TO DO THIS IN A WAY THAT

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RESPECTS THE LIMITED THROUGHPUT OF THIS

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INSTITUTION, THAT WE -- THAT DOESN'T GET CROSSWISE

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WITH YOU, BECAUSE WE ARE HIGHLY DEPENDENT ON YOU,

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FRANKLY, TO GET THE DISCOVERY WE NEED.

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BUT I DON'T WANT TO JUST READ SIGNALS

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THAT YOUR HONOR MIGHT HAVE BEEN SENDING ABOUT NO, I

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DON'T WANT ANY MORE EXPEDITED MOTIONS.

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CAN YOU GIVE US ANY GUIDANCE ON HOW YOU

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WANT US TO PROCEED OVER THE SIX NEXT SIX OR

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SEVEN WEEKS?

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THE COURT:

WELL, WE SHOULD SPEAK TO THE

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SUBJECT, MS. MAROULIS, I DON'T WANT TO DEPRIVE YOU

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OF AN EQUAL OPPORTUNITY.
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MS. MAROULIS:

WE NEED TO DO WHAT WORKS

FOR THE COURT.

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IN THE PAST WE AT SAMSUNG WERE NOT

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SEEKING EXPEDITED RELIEF.

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APPLE FILED WAS AN EXPEDITED -- EXCUSE ME.

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EVERY SINGLE MOTION

SO TO AVOID HAVING TWO DIFFERENT TRACKS,

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WHERE THEIR MOTIONS ARE HEARD WELL BEFORE OURS IN

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THE SENSE WE HAD TO JOIN THE EXPEDITED SCHEDULE.

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BUT IF THERE'S A PERIOD WHERE ALL OUR
MOTIONS ARE HEARD, I THINK WE CAN LIVE WITH THAT.

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THE COURT:

WELL LET ME, TO ADDRESS THE

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ISSUE YOU BOTH HAVE SPOKEN TO, LET ME JUST SAY

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THIS.

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I HAVE STRUGGLED IN THIS CASE LIKE NO

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OTHER IN CONSTRUCTING A PROCEDURE THAT WOULD ALLOW

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ME TO ADDRESS YOUR DISPUTES EFFICIENTLY AND

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REASONABLY GIVEN MY OTHER DEMANDS.

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AND I HAVE RESISTED THE APPROACH THAT A

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NUMBER OF MY COLLEAGUES HAVE ADOPTED IN THIS

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DISTRICT OF LETTER BRIEFING.

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THESE ISSUES REQUIRE MORE THAN A THREE-PAGE

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SINGLE-SPACER, IN MY VIEW.

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FRANKLY, MANY OF

IF THAT TYPE OF APPROACH IN YOUR MIND

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WOULD ALLOW YOU TO FRAME THE ISSUES AND GET THEM

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TEED UP IN AN EFFICIENT WAY, I'M OPEN TO IT.
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IF YOU CAN REACH AN AGREEMENT TO

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SOMETHING LIKE MY COLLEAGUES DO, I'M CERTAINLY

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WILLING TO CONSIDER IT.

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RELUCTANT TO GO DOWN THAT ROAD OUT OF RESPECT TO

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YOU TO COMPLETELY AND ADEQUATELY PRESENT THIS TO

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ME.

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BUT FRANKLY, I WAS

I CAN'T OFFER ANY MORE GUIDANCE.

IF YOU

HAVE SOMETHING IN MIND, I WILL HEAR YOU OUT.
I WILL SAY IN THE FUTURE IF YOU WANT

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EXPEDITED RELIEF, I WOULD APPRECIATE YOU TELLING ME

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EXACTLY WHAT YOU HAD IN MIND IN TERMS OF THE MOTION

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PRACTICE THAT WOULD FOLLOW SO I'M NOT SURPRISED BY

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THE VOLUME.

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THAT WOULD CERTAINLY ASSIST ME.

MR. JACOBS:

THAT'S VERY HELPFUL,

YOUR HONOR, THANK YOU.
THE COURT:

IS THERE ANYTHING ELSE I CAN

DO FOR YOU THIS AFTERNOON?

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IF NOT, I WILL WISH YOU ALL A GOOD DAY.

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THANK YOU.

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MS. MAROULIS:

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THE CLERK:

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(WHEREUPON, THE PROCEEDINGS IN THIS

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THANK YOU, YOUR HONOR.

COURT IS ADJOURNED.

MATTER WERE CONCLUDED.)

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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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__________________________
SUMMER A. FISHER, CSR, CRR
CERTIFICATE NUMBER 13185

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