Apple Inc. v. Samsung Electronics Co. Ltd. et al

Filing 715

Administrative Motion to File Under Seal Apple's Administration to File Documents Under Seal filed by Apple Inc.. (Attachments: #1 Apple Inc.'s Motion for Rule 37(B)(2) Sanctions for Samsung's Violation of Two Discovery Orders, #2 Declaration of Minn Cheung in Support of Apple's Motion for Sanctions, #3 Exhibit T to Chung Declaration, #4 Exhibit V to Chung Declaration, #5 Exhibit Y to Chung Declaration, #6 Exhibit Z to Chung Declaration, #7 Exhibit AA to Chung Declaration, #8 Proposed Order Granting Apple's Motion for Sanctions, #9 Proposed Order Granting Admin Motion)(Jacobs, Michael) (Filed on 2/8/2012)

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1 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 SAN JOSE DIVISION 5 6 7 8 9 10 APPLE, INC., PLAINTIFF, VS. SAMSUNG ELECTRONICS, CO., LTD., ET AL, DEFENDANT. ) ) ) ) ) ) ) ) ) ) CV-11-1846-LHK SAN JOSE, CALIFORNIA JANUARY 19, 2012 PAGES 1-276 11 12 13 TRANSCRIPT OF PROCEEDINGS BEFORE THE HONORABLE PAUL S. GREWAL UNITED STATES DISTRICT JUDGE 14 15 A P P E A R A N C E S: 16 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 17 18 19 20 21 22 23 (APPEARANCES CONTINUED ON THE NEXT PAGE) 24 25 OFFICIAL COURT REPORTER: SUMMER FISHER, CSR, CRR CERTIFICATE NUMBER 13185 1 1 FOR THE PLAINTIFF: WILMER HALE BY: MARK SELWYN CALVIN WALDEN 950 PAGE MILL ROAD PALO ALTO, CA 94304 FOR THE DEFENDANT: QUINN EMANUEL BY: VICTORIA MAROULIS RACHEL KASSABIAN JOBY MARTIN KEN SUH SCOTT HALL 555 TWIN DOLPHIN DRIVE, 5TH FL REDWOOD SHORES, CA 94065 ALSO PRESENT: CHRISTOPHER KELLY 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 1 SAN JOSE, CALIFORNIA 2 P R O C E E D I N G S 3 4 (WHEREUPON, COURT CONVENED AND THE FOLLOWING PROCEEDINGS WERE HELD:) 5 6 JANUARY 19, 2012 THE COURT: MR. RIVERA, WOULD YOU CALL THE NEXT MATTER ON THIS MORNING'S CALENDAR. 7 THE CLERK: 8 CALLING APPLE, INC. VERSUS SAMSUNG 9 ELECTRONICS. 10 11 YES, YOUR HONOR. CASE NUMBER CV-11-1846. MATTER ON FOR APPLE AND SAMSUNG DISCOVERY MOTIONS. 12 COUNSEL, PLEASE STATE YOUR APPEARANCES. 13 MR. JACOBS: 14 MICHAEL JACOBS FROM MORRISON & FOERSTER, YOUR HONOR, FOR APPLE. 15 WITH ME FROM MORRISON & FOERSTER IS 16 JASON BARTLETT, HAROLD MCELHINNY AND MIA MAZZA AT 17 COUNSEL TABLE. 18 THE COURT: GOOD MORNING, COUNSEL. 19 MR. WALDEN: 20 FROM WILMER HALE, MARK SELWYN. GOOD MORNING, YOUR HONOR. AND WITH 21 ME TODAY IS MY PARTNER CALVIN WALDEN ALSO OF WILMER 22 HALE. 23 THE COURT: GOOD MORNING AS WELL. 24 MS. MAROULIS: 25 VICTORIA MAROULIS, WITH QUINN EMANUEL, GOOD MORNING, YOUR HONOR. 3 1 ACCUSATION THAT THERE HAS BEEN A VIOLATION OF 2 YOUR HONOR'S PRIOR ORDERS. 3 IT WAS MENTIONED IN THE BRIEF, IT WAS 4 MENTIONED JUST NOW BY MR. JACOBS SPECIFICALLY 5 REGARDING THE MERCY EXTENSION OF TIME THAT WE ASKED 6 FOR OVER THE CHRISTMAS HOLIDAY. 7 I WANT TO BE CRYSTAL CLEAR ABOUT THAT. 8 THE ORDER SAID ANY DOCUMENTS THAT SHOULD HAVE BEEN 9 PRODUCED PURSUANT TO THE SEPTEMBER 28TH ORDER MUST 10 BE PRODUCED BY DECEMBER 31ST OR THERE MAY BE 11 SANCTIONS. 12 WE -- ALL OF THE DOCUMENTS THAT WERE 13 ORDERED PRODUCED BY SEPTEMBER 28TH HAD ALREADY BEEN 14 PRODUCED PURSUANT TO THAT ORDER IN DECEMBER. 15 POINT OF THAT REQUEST WAS TWO FOLD, THE EXTENSION 16 REQUEST. 17 THE ONE, IT WAS BECAUSE AFTER THE PRODUCTION 18 HAD BEEN MADE PURSUANT TO THE SEPTEMBER 28TH ORDER, 19 SAMSUNG DISCOVERED A FEW ADDITIONAL CUSTODIANS ON 20 SURVEYS. 21 YOU'RE BEING VERY CONSERVATIVE, ONE COULD ARGUE 22 WELL, THOSE ARE SURVEY DOCUMENTS THAT FIT THE 23 DESCRIPTION OF THE ORDER SO YOU REALLY SHOULD GET 24 THOSE OUT BY -- 25 AND SO DEPENDING ON HOW YOU READ THAT, IF THE COURT: THAT'S NOT REALLY A CLOSE 159 1 CALL, IS IT? IT'S NOT BEING CONSERVATIVE, THE 2 SURVEY SHOULD HAVE BEEN PRODUCED MONTHS BEFORE. 3 MS. KASSABIAN: 4 BUT I'M SAYING THAT DESPITE OUR 5 6 RIGHT. INVESTIGATIONS WE FOUND NEW CUSTODIANS. WE DIDN'T WITHHOLD ANYTHING, THERE WERE 7 JUST WITNESSES THAT CAME TO LIGHT MONTHS LATER. 8 REALIZED THESE PEOPLE HAD TO DO SURVEYS, SO WE 9 GATHERED THEIR DOCUMENTS WHICH WERE MASSIVE AND WE 10 BELIEVED THAT THAT WAS GOING TO MAYBE TRICKLE ON 11 WE PAST DECEMBER 31ST. 12 SO IT WASN'T THAT THEY WERE WITHHELD, IT 13 WASN'T THAT GOOD FAITH INVESTIGATION HADN'T 14 HAPPENED, IT WAS THAT WHEN WE DISCOVERED A COUPLE 15 ADDITIONAL SURVEY CUSTODIANS, WE INTERPRETED YOUR 16 ORDER TO SAY THOSE DOCUMENTS SHOULD BE OUT BY 17 DECEMBER 31ST. 18 IT TURNS OUT WE WERE ABLE TO DO THAT, YOU 19 KNOW, WITH SOME LATE NIGHTS WE WERE ABLE TO GET 20 THOSE DOCUMENTS OUT BY THE DECEMBER 22ND ORDER 21 DEADLINE WHICH WAS NEW YEARS EVE. 22 OUT, THERE WAS NO VIOLATION 23 THE COURT: SO THOSE DID GET SO YOU ARE STANDING HERE 24 REPRESENTING TO ME THAT EVERY DOCUMENT SUBJECT TO 25 MY SEPTEMBER 28TH AND DECEMBER 22ND ORDERS WAS 160 1 2 3 4 CERTIFICATE OF REPORTER 5 6 7 8 9 I, THE UNDERSIGNED OFFICIAL COURT REPORTER OF THE UNITED STATES DISTRICT COURT FOR 10 THE NORTHERN DISTRICT OF CALIFORNIA, 280 SOUTH 11 FIRST STREET, SAN JOSE, CALIFORNIA, DO HEREBY 12 CERTIFY: 13 THAT THE FOREGOING TRANSCRIPT, 14 CERTIFICATE INCLUSIVE, CONSTITUTES A TRUE, FULL AND 15 CORRECT TRANSCRIPT OF MY SHORTHAND NOTES TAKEN AS 16 SUCH OFFICIAL COURT REPORTER OF THE PROCEEDINGS 17 HEREINBEFORE ENTITLED AND REDUCED BY COMPUTER-AIDED 18 TRANSCRIPTION TO THE BEST OF MY ABILITY. 19 20 21 22 23 __________________________ SUMMER A. FISHER, CSR, CRR CERTIFICATE NUMBER 13185 24 25 276

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