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

Filing 839

REPLY (re #782 Administrative Motion to File Under Seal re Samsung's Motion Compel Production Materials From Related Proceedings and to Enforce 12/22/11 Court Order ) filed bySamsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Maroulis, Victoria) (Filed on 3/28/2012)

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Bar No. 170151)
2 [e-mail]
50 California Street, 22nd Floor
3 San Francisco, California 94111
Telephone: [phone]
4 Facsimile: [phone]
5 Kevin P.B. Johnson (Bar No. 177129)
[e-mail]
6 Victoria F. Maroulis (Bar No. 202603)
[e-mail]
th
7 555 Twin Dolphin Drive, 5 Floor
Redwood Shores, California 94065-2139
8 Telephone: [phone]
Facsimile: [phone]
9
Michael T. Zeller (Bar No. 196417)
10 [e-mail]
865 S. Figueroa St., 10th Floor
11 Los Angeles, California 90017
Telephone: [phone]
12 Facsimile: [phone]
13 Attorneys for SAMSUNG ELECTRONICS CO.,
LTD., SAMSUNG ELECTRONICS AMERICA,
14 INC. and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC
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16

UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

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19 APPLE INC., a California corporation,
Plaintiff,

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vs.

22 SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity; SAMSUNG
23 ELECTRONICS AMERICA, INC., a New
York corporation; SAMSUNG
24 TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,
25
Defendant.
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CASE NO. 11-cv-01846-LHK
SUPPLEMENTAL DECLARATION OF
DIANE C. HUTNYAN IN SUPPORT OF
IN SUPPORT OF MOTION TO COMPEL
PRODUCTION OF MATERIALS FROM
RELATED PROCEEDINGS AND TO
ENFORCE DECEMBER 22, 2011 COURT
ORDER
Date: April 10, 2012
Time: 3:00 p.m.
Courtroom: 5, 4th Floor
Honorable Paul S. Grewal

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02198.51855/4678881.1

Case No. 11-cv-01846-LHK
SUPPLEMENTAL DECLARATION OF DIANE C. HUTNYAN IN SUPPORT OF IN SUPPORT OF MOTION TO
COMPEL PRODUCTION OF MATERIALS FROM RELATED PROCEEDINGS AND TO ENFORCE
DECEMBER 22, 2011 COURT ORDER

1

I, Diane C. Hutnyan, declare:

2

1.

I am a partner in the law firm of Quinn Emanuel Urquhart & Sullivan, LLP,

3 counsel for Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung
4 Telecommunications America, LLC (collectively, “Samsung”). I submit this supplemental
5 declaration in support of Samsung's Motion to Compel Production of Documents Relating to
6 Apple's Efforts to Obtain Design Patents Related to the Patents-In-Suit. I have personal
7 knowledge of the facts set forth in this declaration and, if called upon as a witness, I could and
8 would testify to such facts under oath.
9

2.

Attached hereto as Exhibit A is a true and correct copy of a March 15, 2012 email

10 from counsel for Apple to counsel for Samsung, regarding the cross use of production documents
11 between this action and the 796 Investigation and to the cross production of deposition transcripts
12 from this action, into the 796 Investigation.
13

3.

Attached hereto as Exhibit B is a true and correct copy of the stipulation between

14 Apple and Samsung, permitting cross-use of documents and deposition transcripts between the
15 796 Investigation and Apple's second lawsuit against Samsung in the Northern District of
16 California (Civil Action No. 12-CV-00630-LHK) and between this action and Apple's second
17 lawsuit against Samsung in the Northern District of California (Civil Action No. 12-CV-0063018 LHK).
19

4.

Attached hereto as Exhibit C is a true and correct copy a March 26, 2012 email

20 from counsel for Apple to counsel for Samsung regarding Samsung's ability to attach 796
21 Investigation transcripts to this brief.
22

5.

Attached hereto as Exhibit D is a true and correct copy a March 25, 2012 email

23 from counsel for Apple to counsel for Samsung regarding Samsung's ability to attach 796
24 Investigation transcripts to this brief.
25

6.

Attached hereto as Exhibit E is a true and correct copy of the Protective Order in

26 the Matter of Certain Electronic Digital Media Devices and Components Thereof, Inv. No. 33727
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02198.51855/4678881.1

Case No. 11-cv-01846-LHK
-2SUPPLEMENTAL DECLARATION OF DIANE C. HUTNYAN IN SUPPORT OF IN SUPPORT OF MOTION TO
COMPEL PRODUCTION OF MATERIALS FROM RELATED PROCEEDINGS AND TO ENFORCE
DECEMBER 22, 2011 COURT ORDER

1 TA-796 ("the 796 Investigation") currently pending before the United States International Trade
2 Commission.
3

7.

Attached hereto as Exhibit F is Samsung's Appendix showing many of the

4 commonalities between the design patents and products at issue in this action and in the ITC 796
5 Investigation.
6

8.

On a Discovery Meeting Committee teleconference on March 26, 2012, in response

7 to Samsung's suggestion that Apple's 796 counsel review the Protective Order in this action,
8 Apple's 796 counsel stated that she was not interested in what was in the Protective Order and
9 would not read it.
10

I declare under penalty of perjury under the laws of the United States that the foregoing is

11 true and correct.
12

Executed in Los Angeles, California, on March 28, 2012.

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/s/ Diane C. Hutnyan
Diane C. Hutnyan

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02198.51855/4678881.1

Case No. 11-cv-01846-LHK
-3SUPPLEMENTAL DECLARATION OF DIANE C. HUTNYAN IN SUPPORT OF IN SUPPORT OF MOTION TO
COMPEL PRODUCTION OF MATERIALS FROM RELATED PROCEEDINGS AND TO ENFORCE
DECEMBER 22, 2011 COURT ORDER

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2

General Order 45 Attestation
I, Victoria F. Maroulis, am the ECF user whose ID and password are being used to file this

3 Declaration. In compliance with General Order 45(X)(B), I hereby attest that Diane C. Hutnyan
4 has concurred in this filing.
5

/s/ Victoria Maroulis

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02198.51855/4678881.1

Case No. 11-cv-01846-LHK
-4SUPPLEMENTAL DECLARATION OF DIANE C. HUTNYAN IN SUPPORT OF IN SUPPORT OF MOTION TO
COMPEL PRODUCTION OF MATERIALS FROM RELATED PROCEEDINGS AND TO ENFORCE
DECEMBER 22, 2011 COURT ORDER