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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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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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

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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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ACCUSATION THAT THERE HAS BEEN A VIOLATION OF

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YOUR HONOR'S PRIOR ORDERS.

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IT WAS MENTIONED IN THE BRIEF, IT WAS

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MENTIONED JUST NOW BY MR. JACOBS SPECIFICALLY

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REGARDING THE MERCY EXTENSION OF TIME THAT WE ASKED

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FOR OVER THE CHRISTMAS HOLIDAY.

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I WANT TO BE CRYSTAL CLEAR ABOUT THAT.

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THE ORDER SAID ANY DOCUMENTS THAT SHOULD HAVE BEEN

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PRODUCED PURSUANT TO THE SEPTEMBER 28TH ORDER MUST

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BE PRODUCED BY DECEMBER 31ST OR THERE MAY BE

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SANCTIONS.

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WE -- ALL OF THE DOCUMENTS THAT WERE

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ORDERED PRODUCED BY SEPTEMBER 28TH HAD ALREADY BEEN

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PRODUCED PURSUANT TO THAT ORDER IN DECEMBER.

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POINT OF THAT REQUEST WAS TWO FOLD, THE EXTENSION

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REQUEST.

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THE

ONE, IT WAS BECAUSE AFTER THE PRODUCTION

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HAD BEEN MADE PURSUANT TO THE SEPTEMBER 28TH ORDER,

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SAMSUNG DISCOVERED A FEW ADDITIONAL CUSTODIANS ON

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SURVEYS.

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YOU'RE BEING VERY CONSERVATIVE, ONE COULD ARGUE

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WELL, THOSE ARE SURVEY DOCUMENTS THAT FIT THE

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DESCRIPTION OF THE ORDER SO YOU REALLY SHOULD GET

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THOSE OUT BY --

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AND SO DEPENDING ON HOW YOU READ THAT, IF

THE COURT:

THAT'S NOT REALLY A CLOSE
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CALL, IS IT?

IT'S NOT BEING CONSERVATIVE, THE

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SURVEY SHOULD HAVE BEEN PRODUCED MONTHS BEFORE.

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MS. KASSABIAN:

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BUT I'M SAYING THAT DESPITE OUR

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RIGHT.

INVESTIGATIONS WE FOUND NEW CUSTODIANS.
WE DIDN'T WITHHOLD ANYTHING, THERE WERE

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JUST WITNESSES THAT CAME TO LIGHT MONTHS LATER.

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REALIZED THESE PEOPLE HAD TO DO SURVEYS, SO WE

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GATHERED THEIR DOCUMENTS WHICH WERE MASSIVE AND WE

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BELIEVED THAT THAT WAS GOING TO MAYBE TRICKLE ON

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WE

PAST DECEMBER 31ST.

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SO IT WASN'T THAT THEY WERE WITHHELD, IT

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WASN'T THAT GOOD FAITH INVESTIGATION HADN'T

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HAPPENED, IT WAS THAT WHEN WE DISCOVERED A COUPLE

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ADDITIONAL SURVEY CUSTODIANS, WE INTERPRETED YOUR

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ORDER TO SAY THOSE DOCUMENTS SHOULD BE OUT BY

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DECEMBER 31ST.

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IT TURNS OUT WE WERE ABLE TO DO THAT, YOU

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KNOW, WITH SOME LATE NIGHTS WE WERE ABLE TO GET

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THOSE DOCUMENTS OUT BY THE DECEMBER 22ND ORDER

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DEADLINE WHICH WAS NEW YEARS EVE.

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OUT, THERE WAS NO VIOLATION

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THE COURT:

SO THOSE DID GET

SO YOU ARE STANDING HERE

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REPRESENTING TO ME THAT EVERY DOCUMENT SUBJECT TO

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MY SEPTEMBER 28TH AND DECEMBER 22ND ORDERS WAS
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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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