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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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

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.

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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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I, MICHAEL A. JACOBS, declare as follows:

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1.

I am an attorney with the law firm of Morrison & Foerster LLP, counsel for Apple

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Inc. (“Apple”). I am licensed to practice law in the State of California. I have personal

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knowledge of the matters stated herein or understand them to be true from members of my

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litigation team. I make this declaration in support of Apple’s Opposition to Samsung’s Motion

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for Temporary Administrative Relief Regarding Lead Counsel Meet & Confer Requirement.

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2.

I have practiced at Morrison & Foerster for over 27 years and have represented

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information technology and life sciences companies in over 25 patent lawsuits. I have served as

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lead counsel on several high profile intellectual property cases. I am also the co-founder of my

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firm’s Intellectual Property Practice Group, which Mr. McElhinny and I formerly co-chaired.

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Attached hereto as Exhibit A is a true and correct copy of my firm biography.

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3.

Harold McElhinny and I share overall responsibility for representing Apple in its

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claims against Samsung in this action. Both Mr. McElhinny and I will jointly present Apple’s

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case to the Court and the jury at trial. As co-lead trial counsel representing Apple in this matter,

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we share equally in advising Apple in making major strategic decisions in this case as well as in

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its international proceedings against Samsung.

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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.
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I will be available to represent Apple at in-person meetings regarding discovery

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disputes that may otherwise move forward into motion practice. In fact, I will be attending the

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lead counsel meet and confer scheduled for tomorrow, March 14, 2012. As co-lead trial counsel

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in this case, I will ensure that discovery disputes receive my and my client’s full attention and that

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reasonable attempts are made to resolve them without motion practice.

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I declare under penalty of perjury that the foregoing is true and correct. Executed this13th
day of March, 2012 at San Francisco, California.

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/s/ Michael A. Jacobs
Michael A. Jacobs

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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