Apple Inc. v. Samsung Electronics Co. Ltd. et al
Filing
735
RESPONSE (re #702 MOTION to Compel Apple's Re-Noticed Motion to Compel Timely Production of Foreign-Language and Other Documents in Advance of Related Depositions ) filed bySamsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Attachments: #1 Declaration of Rachel Herrick Kassabian In Support of Samsung's Opposition to Apple's Motion to Compel, #2 Declaration of Joby Martin In Support of Samsung's Opposition to Apple's Motion to Compel, #3 Declaration of Alexander B. Binder In Support of Samsung's Opposition to Apple's Motion to Compel)(Maroulis, Victoria) (Filed on 2/16/2012)
1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Bar No. 170151)
charlesverhoeven@quinnemanuel.com
50 California Street, 22nd Floor
San Francisco, California 94111
Telephone: (415) 875-6600
Facsimile: (415) 875-6700
Kevin P.B. Johnson (Bar No. 177129)
kevinjohnson@quinnemanuel.com
Victoria F. Maroulis (Bar No. 202603)
victoriamaroulis@quinnemanuel.com
th
555 Twin Dolphin Drive, 5 Floor
Redwood Shores, California 94065-2139
Telephone: (650) 801-5000
Facsimile: (650) 801-5100
Michael T. Zeller (Bar No. 196417)
michaelzeller@quinnemanuel.com
865 S. Figueroa St., 10th Floor
Los Angeles, California 90017
Telephone: (213) 443-3000
Facsimile: (213) 443-3100
Attorneys for SAMSUNG ELECTRONICS CO.,
LTD., SAMSUNG ELECTRONICS AMERICA,
INC. and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION
APPLE INC., a California corporation,
CASE NO. 11-cv-01846-LHK (PSG)
DECLARATION OF JOBY MARTIN IN
SUPPORT OF SAMSUNG’S OPPOSITION
TO APPLE’S MOTION TO COMPEL
Plaintiff,
vs.
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,
Defendant.
Date:
Time:
Place:
Judge:
March 6, 2012
10:00 a.m.
Courtroom 5, 4th Floor
Hon. Paul S. Grewal
02198.51855/4606009.1
Case No. 11-cv-01846-LHK (PSG)
MARTIN DECLARATION IN SUPPORT OF SAMSUNG‘S OPPOSITION
TO APPLE‘S MOTION TO COMPEL
1
I, Joby Martin, declare as follows:
1.
I am an associate in the law firm of Quinn Emanuel Urquhart & Sullivan, LLP,
counsel for Samsung Electronics Co., Ltd., Samsung Electronics America, Inc. and Samsung
Telecommunications America, LLC (collectively, ―Samsung‖). I submit this declaration in
support of Samsung‘s Opposition to Apple‘s Motion to Compel Timely Production of Foreign Language and Other Documents in Advance of Related Depositions (―Apple‘s Motion to
Compel‖). I have personal knowledge of the facts set forth in this declaration, except as
otherwise noted, and, if called upon as a witness, I could and would testify to such facts under
oath.
2.
Apple has repeatedly failed to produce its deposition-related documents at least
five days – and in many cases not even three days – in advance of the corresponding depositions
of its employees.
3.
For example, the deposition of Apple‘s Brian Land occurred on October 20,
2011. After the deposition was over, Apple produced additional documents sourced to him that
were relevant to the ‗129 patent that had not been produced before the deposition.
4.
Similarly, the deposition of Steven Christensen occurred on October 26, 2011,
but Apple produced documents sourced to him on October 24, just two days prior to the
deposition.
5.
The deposition of Richard Williamson occurred on October 28, 2011, but Apple
produced documents sourced to him later that evening, after the conclusion of the deposition.
6.
The deposition of Wayne Westerman occurred on October 31, 2011, but Apple
produced some documents pertaining to him on October 28, 2011.
7.
Indeed, just today, Apple produced more than 17,000 pages of documents
sourced to Richard Dinh, who is scheduled to be deposed by Samsung tomorrow, February 16.
Samsung did not receive the hard copies of these documents until 9:50 p.m.
8.
For Apple witness John Ternus, Apple produced just 36 documents less than four
days in advance of his February 10, 2012 deposition. Apple‘s production was devoid of even a
02198.51855/4606009.1
Case No. 11-cv-01846-LHK (PSG)
-1MARTIN DECLARATION IN SUPPORT OF SAMSUNG‘S OPPOSITION
TO APPLE‘S MOTION TO COMPEL
1 single email sent to or from Mr. Ternus, and none of the documents produced by Apple appear
2 to be authored by Mr. Ternus.
3
9.
In collecting documents from its inventors prior to their depositions in October
4 2011, Apple ran improperly narrow date restrictions. After numerous meet and confer efforts,
5 Apple finally agreed to correct this deficiency. Thereafter, Apple produced substantially more
6 relevant documents regarding its inventors, who had already been deposed.
7
10.
More specifically, for 28 of the Apple witnesses who have been deposed thus far,
8 Apple has produced a substantial number of documents after the related deposition occurred. In
9 many instances, Apple did not complete its production for its deponent custodians until months
10 after the deposition. Apple‘s late productions are set forth in the chart below:
11
Deponent
Deposition
Date
Date Samsung
Received Apple’s Late
Productions
13
John Elias
Oct. 13, 2011
14
Steven LeMay
Oct. 14, 2011
Imran Chaudhri
Oct. 14, 2011
Chris Blumenberg
Oct. 14, 2011
Scott Herz
Oct. 14, 2011
Freddy Anzures
Oct. 18, 2011
Greg Christie
Peter Russell-Clarke
Oct. 18, 2011
Oct. 20, 2011
Brian Land
Oct. 20, 2011
Dec. 19, 2011
Feb. 2, 2012
Dec. 16, 2011
Dec. 20, 2011
Dec. 22, 2011
Feb. 3, 2012
Dec. 20, 2011
Dec. 30, 2011
Jan. 12, 2012
Jan. 20, 2012
Jan. 31, 2012
Dec. 30, 2011
Feb. 2, 2012
Dec. 16, 2011
Dec. 30, 2011
Feb. 2, 2012
Feb. 3, 2012
Dec. 16, 2011
Dec. 19, 2011
Dec. 22, 2011
Dec. 30, 2011
Jan. 12, 2012
Jan. 22, 2012
Feb. 3, 2012
Dec. 30, 2011
Feb. 2, 2012
Feb. 3, 2012
Oct. 21, 2011
12
15
16
17
18
19
20
21
22
23
24
25
26
27
28
02198.51855/4606009.1
Number of Days after
the deposition that
Apple last produced
custodial documents
111
111
109
111
112
96
107
105
84
Case No. 11-cv-01846-LHK (PSG)
-2MARTIN DECLARATION IN SUPPORT OF SAMSUNG‘S OPPOSITION
TO APPLE‘S MOTION TO COMPEL
1
Deponent
Deposition
Date
2
3
4
Joshua Strickon
Oct. 20, 2011
Steve Hotelling
Oct. 21, 2011
Rico Zorkendorfer
Oct. 21, 2011
Daniele De Lullis
Oct. 21, 2011
Matt Rohrbach
Oct. 24, 2011
Bas Ording
5
Oct. 25, 2011
Andre Boule
Oct. 26, 2011
Marcel Van Os
Oct. 26, 2011
Duncan Kerr
Oct. 26, 2011
Bartley Andre
Oct. 26, 2011
Scott Forstall
Oct. 27, 2011
Daniel Coster
Oct. 27, 2011
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
02198.51855/4606009.1
Date Samsung
Received Apple’s Late
Productions
Dec. 16, 2011
Dec. 20, 2011
Jan. 12, 2012
Dec. 30, 2011
Dec. 16, 2011
Dec. 20, 2011
Dec. 22, 2011
Jan. 12, 2012
Jan. 20, 2012
Feb. 2, 2012
Feb. 3, 2012
Dec. 20, 2011
Dec. 30, 2011
Feb. 3, 2011
Dec. 16, 2011
Dec. 20, 2011
Dec. 30, 2011
Jan. 20, 2012
Dec. 30, 2011
Feb. 2, 2012
Dec. 16, 2011
Dec. 19, 2011
Dec. 20, 2011
Dec. 30, 2011
Feb. 3, 2012
Dec. 30, 2011
Feb. 3, 2012
Dec. 16, 2011
Dec. 30, 2011
Jan. 31, 2012
Dec. 16, 2011
Dec. 20, 2011
Dec. 22, 2011
Dec. 30, 2011
Feb. 2, 2012
Feb. 3, 2012
Dec. 22, 2011
Dec. 30, 2011
Jan. 9 2012
Feb. 2, 2012
Dec. 20, 2011
Dec. 30, 2011
Jan. 31, 2012
Feb. 3, 2012
Dec. 30, 2011
Number of Days after
the deposition that
Apple last produced
custodial documents
71
104
104
91
101
101
100
97
100
99
99
98
Case No. 11-cv-01846-LHK (PSG)
-3MARTIN DECLARATION IN SUPPORT OF SAMSUNG‘S OPPOSITION
TO APPLE‘S MOTION TO COMPEL
1
Deponent
Deposition
Date
Eugene Whang
Oct. 27, 2011
Richard Williamson
Oct. 28, 2011
Richard Howarth
Oct. 31, 2011
Wayne Westerman
Oct. 31, 2011
Chris Stringer
Nov. 4, 2011
Douglas Satzger
Sir Jonathan Paul Ive
Nov. 8, 2011
Dec. 1, 2011
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
11.
Date Samsung
Received Apple’s Late
Productions
Feb. 2, 2012
Dec. 16, 2011
Dec. 30, 2011
Dec. 16, 2011
Dec. 19, 2011
Dec. 20, 2011
Dec. 30, 2011
Feb. 2, 2012
Feb. 3, 2012
Dec. 16, 2011
Dec. 20, 2011
Dec. 30, 2011
Jan. 12, 2012
Jan. 20, 2012
Feb. 2, 2012
Feb. 3, 2012
Dec. 16, 2011
Dec. 19, 2011
Dec. 20, 2011
Dec. 30, 2011
Jan. 20, 2012
Dec. 16, 2011
Dec. 22, 2011
Dec. 30, 2011
Dec. 16, 2011
Dec. 30, 2011
Number of Days after
the deposition that
Apple last produced
custodial documents
64
98
95
82
48
52
29
Apple has produced at least 74,000 pages of documents sourced to custodians
19 whose depositions took place at least two weeks prior those productions.1
20
12.
For at least nine inventors —Scott Herz, Andre Boule, Imran Chaudhri, Bart
21 Andre, Freddy Anzures, Duncan Kerr, Wayne Westerman, Daniel Coster, and Peter Russell22 Clarke—Apple has produced more documents sourced to those inventors after their depositions
23 than it produced before their depositions.
24
25
26
1
By contrast, documents were produced from the custodial files of a Samsung deponent
27 after the deposition took place in only three instances, two of which involved discovery disputes
unrelated to depositions.
28
02198.51855/4606009.1
Case No. 11-cv-01846-LHK (PSG)
-4MARTIN DECLARATION IN SUPPORT OF SAMSUNG‘S OPPOSITION
TO APPLE‘S MOTION TO COMPEL
1
I declare under penalty of perjury under the laws of the United States of America that the
2 foregoing is true and correct.
3
Executed on February 15, 2012, at San Francisco, California.
4
5
/s/ Joby Martin
Joby Martin
6
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8
9
10
11
12
13
14
15
16
17
18
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21
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24
25
26
27
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02198.51855/4606009.1
Case No. 11-cv-01846-LHK (PSG)
-5MARTIN DECLARATION IN SUPPORT OF SAMSUNG‘S OPPOSITION
TO APPLE‘S MOTION TO COMPEL
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