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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From: Selwyn, Mark [mailto:[e-mail]]
Sent: Friday, January 06, 2012 8:12 PM
To: '[e-mail]'
Cc: Hung, Richard S. J.; Bartlett, Jason R.; Ahn, Deok Keun Matthew; Kolovos, Peter
Subject: Apple v. Samsung -- Draft Stipulation and Proposed Order Regarding Adding Accused Products

Todd:
Per our discussion, for your review.
Mark

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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APPLE INC.,

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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.,

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

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

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“Samsung”), stipulate as follows:

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On August 26, 2011, Apple served its Disclosure of Asserted Claims and Infringement

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Contentions, as well as an addendum thereto, in accordance with Patent Local Rule 3-1. On the

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same day, Samsung served its Disclosure of Asserted Claims and Infringement Contentions, also

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in accordance with Patent Local Rule 3-1.
STIPULATION AND [PROPOSED] ORDER REGARDING ADDING ACCUSED PRODUCTS
CASE NO. 11-CV-01846-LHK
sf-3069416

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Since then, both Apple and Samsung have released new products.

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The parties agree that Apple may add as Accused Instrumentalities in this action, without

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adding patents-in-suit or asserting infringement of any claims of the patents-in suit that were not

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asserted in Apple’s initial Infringement Contentions, the following Samsung Products:

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Galaxy Nexus

Galaxy Player 4.0

Galaxy Player 5.0

Galaxy Tab 7.0 Plus

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Galaxy Tab 8.9

Galaxy S II Epic 4G

Galaxy S II Skyrocket

Admire

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Touch

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Captivate Glide

Conquer 4G

Dart

Exhibit II 4G

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Focus S

Gravity Smart

Illusion

Showcase i500

Stratosphere

Transform Ultra

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Apple shall serve Amended Supplemental Infringement Contentions under Patent Local

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Rule 3-1 for these additional Accused Instrumentalities within five days of the Court’s entry of an

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

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

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Supplemental Infringement Contentions.

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

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

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

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Samsung shall serve Amended Supplemental Infringement Contentions under Patent

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

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

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

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Supplemental Infringement Contentions.

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The addition of these Accused Instrumentalities does not constitute grounds for

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

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terms for construction.

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STIPULATION AND [PROPOSED] ORDER REGARDING ADDING ACCUSED PRODUCTS
CASE NO. 11-CV-01846-LHK
sf-3069416

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The service of the aforementioned Supplemental Infringement Contentions shall not affect

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the total number of claim terms to be construed and shall not change any dates or discovery

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limitations set forth in the Court’s previous Orders.

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So Stipulated:

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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

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Attorneys for Plaintiff
APPLE INC.

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

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IT IS SO ORDERED.

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Dated: ___________________, 2012

By:

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Honorable Lucy H. Koh

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STIPULATION AND [PROPOSED] ORDER REGARDING ADDING ACCUSED PRODUCTS
CASE NO. 11-CV-01846-LHK
sf-3069416

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