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

Filing 827

OPPOSITION to ( #781 Administrative Motion to File Under Seal ) Apple's Opposition to Samsung's Motion to Compel Production of Documents Relating to Apple's Efforts to Obtain Design Patents Related to the Patents-in-Suit filed byApple Inc.. (Attachments: #1 Jason Bartlett Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Proposed Order)(Jacobs, Michael) (Filed on 3/21/2012) Modified text on 3/22/2012 (dhm, COURT STAFF).

Exhibit 2

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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APPLE, INC.,
PLAINTIFF,
V.
SAMSUNG ELECTRONICS
COMPANY LIMITED, ET
AL.,
DEFENDANTS.
_______________________

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C-11-01846-LHK
JUNE 17, 2011

PAGES 1 - 39

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THE PROCEEDINGS WERE HELD BEFORE

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THE HONORABLE UNITED STATES DISTRICT

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JUDGE LUCY H. KOH

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A P P E A R A N C E S:

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FOR THE PLAINTIFF:

MORRISON & FOERSTER
BY: HAROLD J. MCELHINNY
MICHAEL A. JACOBS
GRANT L. KIM
425 MARKET STREET
SAN FRANCISCO, CALIFORNIA 94105

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(APPEARANCES CONTINUED ON THE NEXT PAGE.)

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OFFICIAL COURT REPORTER: IRENE RODRIGUEZ, CSR, CRR
CERTIFICATE NUMBER 8074
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U.S. COURT REPORTERS

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A P P E A R A N C E S: (CONT'D)

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FOR THE DEFENDANTS: QUINN, EMANUEL, URQUHART &
SULLIVAN
BY: CHARLES K. VERHOEVEN
MICHAEL T. ZELLER
ERIK C. OLSON
KEVIN P.B. JOHNSON
VICTORIA F. MAROULIS
865 SOUTH FIGUEROA STREET
10TH FLOOR
LOS ANGELES, CALIFORNIA 90017

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U.S. COURT REPORTERS

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SAN JOSE, CALIFORNIA

JUNE 17, 2011

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P R O C E E D I N G S
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(WHEREUPON, COURT CONVENED AND THE
FOLLOWING PROCEEDINGS WERE HELD:)

14:27:50

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THE CLERK:

CALLING CASE NUMBER

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C-11-1846-LHK, APPLE VERSUS SAMSUNG ELECTRONICS

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COMPANY LIMITED, ET AL.

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HONOR.

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KIM FOR THE PLAINTIFFS APPLE.

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THE COURT:

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MR. VERHOEVEN:

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HONOR.

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BEHALF OF THE SAMSUNG DEFENDANTS AND WITH ME IS MY

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PARTNER KEVIN JOHNSON, MIKE ZELLER, VICKIE

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MAROULIS.

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I HAVE QUESTIONS FOR ALL SIDES TODAY.

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I'LL START FIRST WITH MR. VERHOEVEN.

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WHEN WE HAD THE HEARING ON APPLE'S MOTION YOU HAD

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SPECIFIED SOME EXPEDITED DISCOVERY THAT SAMSUNG

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WOULD NEED, WHICH I THOUGHT WAS VERY REASONABLE,

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BUT IT DOESN'T APPEAR THAT YOU'RE REQUESTING THAT

MR. MCELHINNY:

GOOD AFTERNOON, YOUR

HAROLD MCELHINNY, MICHAEL JACOBS, AND GRANT

GOOD AFTERNOON.
GOOD AFTERNOON, YOUR

CHARLES VERHOEVEN FOR QUINN EMANUEL ON

THE COURT:

GOOD AFTERNOON.

PLEASE SIT

OR STAND, WHICHEVER IS MOST COMFORTABLE.

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U.S. COURT REPORTERS

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WITH THESE FUTURE PRODUCTS, NOT CURRENT PRODUCTS,

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FUTURE PRODUCTS OF SAMSUNG ARE GOING TO HURT THEIR

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CASE BECAUSE THEY'RE GOING TO BE A LOT DIFFERENT

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AND THAT'S GOING TO BE THE SUBJECT OF THEIR

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MARKETING CAMPAIGN IN THE FALL.

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ANY PRELIMINARY INJUNCTION MOTION, BOTH ON THE

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MERITS, ARE THESE THINGS GOING TO CONFUSE THE

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CONSUMER?

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MARKETPLACE, YOU KNOW, THESE PHONES, THEY HAVE A

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SHELF LIFE, THEY'RE LIKE CABBAGE, YOU HAVE A SHELF

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LIKE OF SIX MONTHS TO A YEAR MAX.

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IRREPARABLY HARMED BECAUSE OF THE IPHONE 3 WHICH

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SELLS FOR 59 BUCKS AND IS GOING TO A COMPLETELY

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DIFFERENT MARKET SEGMENT THAN THE 4G TURBO CHARGED

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VERY EXPENSIVE IPHONES IS LUDICROUS.

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SHOW ANY SORT OF HARM IS BY COMPARING THEIR

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CURRENTLY ON-THE-MARKET PRODUCTS TO THE CURRENTLY

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ON-THE-MARKET PRODUCTS IN THE FALL THAT SAMSUNG

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HAS.

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AND THAT'S GOING TO BE VERY CRITICAL TO

AND ALSO AS TO IRREPARABLE HARM AND

BALANCE OF HARM.
IF THEY'RE -- IF THEIR FOCUS IN THE

THE NOTION THAT THEY'RE GOING TO BE

THE ONLY WAY THEY'RE GOING TO BE ABLE TO

SO THAT'S WHY WE NEED -- IF YOU, IF YOU
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U.S. COURT REPORTERS

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CERTIFICATE OF REPORTER

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I, THE UNDERSIGNED OFFICIAL COURT

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REPORTER OF THE UNITED STATES DISTRICT COURT FOR

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THE NORTHERN DISTRICT OF CALIFORNIA, 280 SOUTH

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FIRST STREET, SAN JOSE, CALIFORNIA, DO HEREBY

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CERTIFY:

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THAT THE FOREGOING TRANSCRIPT,

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CERTIFICATE INCLUSIVE, CONSTITUTES A TRUE, FULL AND

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CORRECT TRANSCRIPT OF MY SHORTHAND NOTES TAKEN AS

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SUCH OFFICIAL COURT REPORTER OF THE PROCEEDINGS

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HEREINBEFORE ENTITLED AND REDUCED BY COMPUTER-AIDED

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TRANSCRIPTION TO THE BEST OF MY ABILITY.

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/S/
_____________________________
IRENE RODRIGUEZ, CSR, CRR
CERTIFICATE NUMBER 8074

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DATED:

JUNE 20, 2011
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U.S. COURT REPORTERS