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

Filing 806

DECLARATION of Michael A. Jacobs in Support of #805 Opposition to Motion for Temporary Relief from the Lead Counsel Meet and Confer Requirement, filed by Apple Inc.. (Attachments: #1 Exhibit A)(Related document(s) #805 ) (Jacobs, Michael) (Filed on 3/13/2012) Modified text on 3/14/2012 (dhm, COURT STAFF).

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1 2 3 4 5 6 7 8 9 HAROLD J. MCELHINNY (CA SBN 66781) MICHAEL A. JACOBS (CA SBN 111664) JENNIFER LEE TAYLOR (CA SBN 161368) ALISON M. TUCHER (CA SBN 171363) RICHARD S.J. HUNG (CA SBN 197425) JASON R. BARTLETT (CA SBN 214530) MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: (415) 268-7000 Facsimile: (415) 268-7522 10 11 12 WILLIAM F. LEE WILMER CUTLER PICKERING HALE AND DORR LLP 60 State Street Boston, MA 02109 Telephone: (617) 526-6000 Facsimile: (617) 526-5000 MARK D. SELWYN (SBN 244180) WILMER CUTLER PICKERING HALE AND DORR LLP 950 Page Mill Road Palo Alto, California 94304 Telephone: (650) 858-6000 Facsimile: (650) 858-6100 Attorneys for Plaintiff and Counterclaim-Defendant APPLE INC. 13 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 SAN JOSE DIVISION 17 APPLE INC., 18 19 20 21 22 23 24 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 DECLARATION OF MICHAEL A. JACOBS IN SUPPORT OF APPLE’S OPPOSITION TO SAMSUNG’S ADMINISTRATIVE MOTION FOR TEMPORARY RELIEF FROM THE LEAD COUNSEL MEET AND CONFER REQUIREMENT Defendants. 25 26 27 28 JACOBS DECL. ISO OPP. TO MOT. FOR ADMIN. RELIEF FROM LEAD COUNSEL MEET AND CONFER REQUIREMENT CASE NO. 11-CV-01846 LHK (PSG) sf-3084492 1 I, MICHAEL A. JACOBS, declare as follows: 2 1. I am an attorney with the law firm of Morrison & Foerster LLP, counsel for Apple 3 Inc. (“Apple”). I am licensed to practice law in the State of California. I have personal 4 knowledge of the matters stated herein or understand them to be true from members of my 5 litigation team. I make this declaration in support of Apple’s Opposition to Samsung’s Motion 6 for Temporary Administrative Relief Regarding Lead Counsel Meet & Confer Requirement. 7 2. I have practiced at Morrison & Foerster for over 27 years and have represented 8 information technology and life sciences companies in over 25 patent lawsuits. I have served as 9 lead counsel on several high profile intellectual property cases. I am also the co-founder of my 10 firm’s Intellectual Property Practice Group, which Mr. McElhinny and I formerly co-chaired. 11 Attached hereto as Exhibit A is a true and correct copy of my firm biography. 12 3. Harold McElhinny and I share overall responsibility for representing Apple in its 13 claims against Samsung in this action. Both Mr. McElhinny and I will jointly present Apple’s 14 case to the Court and the jury at trial. As co-lead trial counsel representing Apple in this matter, 15 we share equally in advising Apple in making major strategic decisions in this case as well as in 16 its international proceedings against Samsung. 17 18 19 4. Mr. McElhinny is currently in Tokyo, Japan until March 17, 2012 and will be in Beijing, China from March 17 until March 25, 2012. 5. I will be available to represent Apple at in-person meetings regarding discovery 20 disputes that may otherwise move forward into motion practice. In fact, I will be attending the 21 lead counsel meet and confer scheduled for tomorrow, March 14, 2012. As co-lead trial counsel 22 in this case, I will ensure that discovery disputes receive my and my client’s full attention and that 23 reasonable attempts are made to resolve them without motion practice. 24 25 I declare under penalty of perjury that the foregoing is true and correct. Executed this13th day of March, 2012 at San Francisco, California. 26 27 /s/ Michael A. Jacobs Michael A. Jacobs 28 JACOBS DECL. ISO OPP. TO MOT. FOR ADMIN. RELIEF FROM LEAD COUNSEL MEET AND CONFER REQUIREMENT CASE NO. 11-CV-01846 LHK (PSG) sf-3084492

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