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

Filing 815

Administrative Motion to File Under Seal Apple Inc.'s Notice of Motion and Motion to Compel filed by Apple Inc.(a California corporation). (Attachments: #1 Apple Inc.'s Notice of Motion and Motion to Compel, #2 Declaration of S. Calvin Walden in Support of Apple Inc.'s Notice of Motion and Motion to Compel, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 [Proposed] Order Granting Apple's Motion to Compel)(Selwyn, Mark) (Filed on 3/15/2012)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION

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APPLE INC., a California corporation,

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Plaintiff,
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vs.
SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity, SAMSUNG
ELECTRONICS AMERICA, INC., a New
York corporation, and SAMSUNG
TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,

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Date: April 24, 2012
Time: 10:00 a.m.

SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity, SAMSUNG
ELECTRONICS AMERICA, INC., a New
York corporation, and SAMSUNG
TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,

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[PROPOSED] ORDER GRANTING
APPLE’S MOTION TO COMPEL

Defendants.

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Civil Action No. 11-CV-01846-LHK

Counterclaim-Plaintiffs,
v.
APPLE INC., a California corporation,
Counterclaim-Defendant.

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[PROPOSED] ORDER
Case No. 11-cv-01846 (LHK)

OPPOS
FOR

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Plaintiff Apple Inc. (“Apple”) has moved pursuant to Federal Rule of Civil Procedure 37
for an order compelling Defendants Samsung Electronics Co., Ltd, Samsung Electronics
America, Inc., and Samsung Telecommunications America, LLC (collectively, “Samsung”) to
complete its production of certain identified documents and things. Having considered the
arguments of the parties and the papers submitted, and GOOD CAUSE HAVING BEEN
SHOWN, the Court hereby GRANTS Apple’s Motion to Compel as follows:

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IT IS ORDERED that Samsung shall make a complete production of the documents

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identified in subsections A – B below.
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A.

Documents, expert reports, deposition transcripts and other filings not publicly

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available to Apple from other Samsung litigations in which Samsung took any
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position regarding the licensing of patents and other intellectual property rights

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(“IPR”) claimed to be essential to the UMTS standard, the determination of a fair,

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reasonable and non-discriminatory (“FRAND”) royalty, and the propriety of

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injunctive relief for the infringement of IPR claimed to be essential to the UMTS

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standard;

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B.

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Documents concerning Samsung’s plans and strategies for developing, marketing
or licensing of IPR that is claimed to be essential to the UMTS standard including

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presentations to executive management and the Board of Directors

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IT IS SO ORDERED.

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Dated:

By:
Honorable Paul S. Grewal, U.S.M.J.

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[PROPOSED] ORDER
Case No. 11-cv-01846 (LHK)

OPPOS
FOR