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

Filing 790

Declaration of MICHAEL A. JACOBS in Support of #789 STIPULATION WITH PROPOSED ORDER STIPULATION AND [PROPOSED ORDER] REGARDING SCHEDULE FOR BRIEFING APEX-RELATED MOTION TO COMPEL AND MOTION FOR PROTECTIVE ORDER filed byApple Inc.(a California corporation). (Related document(s) #789 ) (Jacobs, Michael) (Filed on 3/8/2012)

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HAROLD J. MCELHINNY (CA SBN 66781)
[e-mail]
MICHAEL A. JACOBS (CA SBN 111664)
[e-mail]
JENNIFER LEE TAYLOR (CA SBN 161368)
[e-mail]
ALISON M. TUCHER (CA SBN 171363)
[e-mail]
RICHARD S.J. HUNG (CA SBN 197425)
[e-mail]
JASON R. BARTLETT (CA SBN 214530)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: [phone]

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WILLIAM F. LEE
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Telephone: [phone]
Facsimile: [phone]
MARK D. SELWYN (SBN 244180)
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]

Attorneys for Plaintiff and
Counterclaim-Defendant APPLE INC.

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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.
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,

11-cv-01846-LHK (PSG)

DECLARATION OF MICHAEL A.
JACOBS IN SUPPORT OF
STIPULATION REGARDING
SCHEDULE FOR BRIEFING
APEX-RELATED MOTION TO
COMPEL AND MOTION FOR
PROTECTIVE ORDER

Defendants.

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JACOBS DECLARATION ISO STIPULATION RE SCHEDULE FOR BRIEFING APEX-RELATED MOTIONS
11-CV-01846-LHK (PSG)
sf-3091919

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I, Michael A. Jacobs, declare as follows:

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1.

I am a partner in the law firm of Morrison & Foerster LLP, counsel for Apple Inc.

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(“Apple”). I am licensed to practice law in the State of California. Unless otherwise indicated, I

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have personal knowledge of the matters stated herein and, if called as a witness, could and would

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testify competently thereto. I make this declaration in support of the parties’ Stipulation

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Regarding Schedule for Briefing Apex-Related Motion to Compel and Motion for Protective

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Order.

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2.

On February 16, 2012, Apple filed and served an Administrative Motion to File under

Seal that included a Motion to Compel Depositions of 14 of Samsung’s Purported “Apex”
Witnesses (“Apex Motion”) (Docket No. 736).

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3.

On February 23, 2012, Samsung filed and served a Motion to File Documents under

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Seal that included a Motion for Protective Order (“Protective Order Motion”) relating to the Apex

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Motion (Docket No. 754);

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4.

Under the current briefing schedule, Apple’s opposition to the Protective Order

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Motion is due March 8, 2012, and Apple’s reply in support of the Apex Motion is due March 15,

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2012.

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5.

After meeting and conferring, the parties agree that Apple’s opposition and reply

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briefs should be combined into a single brief to reduce the total number of briefs filed with the

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Court on apex-related issues.

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6.

The Court has granted several motions filed by both parties to change time on

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discovery motions, For example, Apple filed a motion to compel on December 8, 2011, and

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Samsung filed a motion to compel on December 12, 2011. In both cases, the moving party

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sought and was granted the requested Order shortening time.

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//

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//
JACOBS DECLARATION ISO STIPULATION RE SCHEDULE FOR BRIEFING APEX-RELATED MOTIONS
11-CV-01846-LHK (PSG)
sf-3091919

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7.

The requested time modification will not affect the overall schedule for the case or

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the hearing date for the Motions at issue. Both Motions are schedule to be heard on the noticed

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date, March 27, 2012. The Court will have all of the parties’ briefing by March 19, 2012.

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I declare under penalty of perjury that the foregoing is true and correct. Executed March 8,
2012 at San Francisco, California.
/s/ Michael A. Jacobs
Michael A. Jacobs

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JACOBS DECLARATION ISO STIPULATION RE SCHEDULE FOR BRIEFING APEX-RELATED MOTIONS
11-CV-01846-LHK (PSG)
sf-3091919

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