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

Filing 85

Declaration of Richard S.J. Hung in Support of #82 Administrative Motion to File Under Seal in Connection with Motion for A Preliminary Injunction, #81 MOTION for Leave to File Excess Pages in Connection with Motion for A Preliminary Injunction, #84 MOTION to Shorten Time for Briefing on Apple's Motion for Expedited Trial and Case Managment Conference, #83 MOTION to Expedite Trial and Case Management Conference filed byApple Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Related document(s) #82 , #81 , #84 , #83 ) (Bartlett, Jason) (Filed on 7/1/2011)

1
2
3
4
5
6
7
8
9
10

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]

KENNETH H. BRIDGES (CA SBN 243541)
[e-mail]
MICHAEL T. PIEJA (CA SBN 250351)
[e-mail]
BRIDGES & MAVRAKAKIS LLP
3000 El Camino Real
One Palo Alto Square, 2nd Floor
Palo Alto, CA 94306
Telephone: [phone]
Facsimile: [phone]

Attorneys for Plaintiff
APPLE INC.

11
12

UNITED STATES DISTRICT COURT

13

NORTHERN DISTRICT OF CALIFORNIA

14

SAN JOSE DIVISION

15
16

APPLE INC., a California corporation,

17
18
19
20
21

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

Case No. 11-cv-01846-LHK
DECLARATION OF RICHARD S.J.
HUNG REGARDING MEET AND
CONFER OBLIGATIONS
RELATING TO APPLE INC.’S
MOTIONS FILED ON JULY 1,
2011

22
Defendants.
23
24
25
26
27
28
DECLARATION OF RICHARD S.J. HUNG REGARDING MEET AND CONFER OBLIGATIONS
CASE NO. 11-CV-01846-LHK
sf-3015344

1

I, RICHARD S.J. HUNG, do hereby declare as follows:

2

1.

3
4

this action for Plaintiff Apple Inc. I submit this declaration in support of:
(A)

Apple’s Motion for Expedited Trial on its Claims and for Early Case
Management Conference;

(B)

Apple’s Motion to Shorten Time for Briefing and Hearing on Apple’s
Motion for Expedited Trial on its Claims and for Early Case Management
Conference;

(C)

Apple’s Administrative Motion to Exceed Page Limit for its Motion for a
Preliminary Injunction; and

(D)

Apple’s Administrative Motion to File Documents Under Seal.

5
6
7
8
9
10

I am a partner at the law firm of Morrison & Foerster LLP, counsel of record in

11

Unless otherwise indicated, I have personal knowledge of the matters set forth below. If called as

12

a witness, I could and would testify competently as follows:

13

2.

On Thursday morning, June 30, 2011, I requested a conference for that day with

14

counsel for Samsung Electronics Co., Ltd., Samsung Electronics America, Inc. and Samsung

15

Telecommunication America, LLC (collectively, “Samsung”) regarding Apple’s motion to

16

expedite trial and motion for a preliminary injunction. I informed counsel for Samsung that

17

Apple would be moving for an expedited trial and to shorten time on the briefing schedule for that

18

motion. I also informed counsel for Samsung that, in connection with Apple’s Motion for a

19

Preliminary Injunction, Apple would be moving to exceed the page limit for briefing and to seal

20

one declaration. I clarified shortly thereafter that Apple would be moving the next day, Friday,

21

July 1, 2011, on these motions.

22

3.

Counsel for Samsung responded by email at the close of business on Thursday that

23

they were unavailable to meet and confer until late Friday afternoon. Shortly thereafter, I offered

24

to make myself available until midnight on Thursday and on early Friday morning for this

25

conference, but counsel for Samsung did not respond to this offer to meet and confer.

26
27

4.

Counsel for Samsung subsequently filed Samsung’s Answer to the Amended

Complaint at 11:10 p.m. on Thursday night. Shortly thereafter, counsel for Samsung stipulated to

28
DECLARATION OF RICHARD S.J. HUNG REGARDING MEET AND CONFER OBLIGATIONS
CASE NO. 11-CV-01846-LHK
sf-3015344

1

Apple’s filing under seal the Declaration of Richard J. Lutton, Jr. in Support of Apple’s Motion

2

for a Preliminary Injunction.

3

5.

As of the time of the filing of this declaration, Samsung has not yet presented its

4

position on Apple’s (A) Motion for Expedited Trial on its Claims and for Early Case

5

Management Conference; (B) Motion to Shorten Time for Briefing and Hearing on Apple Inc.’s

6

Motion for Expedited Trial on its Claims and for Early Case Management Conference; or (C)

7

Administrative Motion to Exceed Page Limit for its Motion for a Preliminary Injunction.

8
9

6.

There have been two previous time modifications in this proceeding. Neither of

these relates to this motion to shorten time or to Apple’s concurrently filed motion for expedited

10

trial. Instead, the two prior time modifications related to shortened briefing schedules for Apple’s

11

Motion to Expedite Discovery (filed on April 19, 2011) and Samsung’s Motion to Compel Apple

12

to Produce Reciprocal Expedited Discovery (filed on May 27, 2011).

13

7.

Apple’s Motion to Shorten Time will affect the briefing and hearing schedule for

14

its Motion for Expedited Trial by setting the deadline for the filing of Samsung’s opposition at

15

July 11, any reply at July 14, and any hearing at July 21, 2011, or as soon thereafter as is

16

convenient to the Court.

17

8.

Apple is requesting that the Court shorten the briefing and hearing schedule on its

18

Motion for Expedited Trial because otherwise a decision may not be made for several weeks. In

19

the interim, the schedule for this litigation would remain uncertain.

20
21
22
23

9.

Attached hereto as Exhibit 1 is a true and correct copy of excerpts from the

transcript of the June 17, 2011 hearing on Samsung’s motion for expedited discovery.
10.

Attached hereto as Exhibit 2 is a true and correct copy of excerpts from the

International Trade Commission Complaint filed by Samsung against Apple on June 28, 2011.

24
25

I declare under the penalty of perjury that the foregoing is true and correct.

26
27

Dated: July 1, 2011

By: /s/ Richard S.J. Hung___________
Richard S.J. Hung

28
DECLARATION OF RICHARD S.J. HUNG REGARDING MEET AND CONFER OBLIGATIONS
CASE NO. 11-CV-01846-LHK
sf-3015344

2

1

I, JASON R. BARTLETT, am the ECF User whose ID and password are being used to

2

file the following document: DECLARATION OF RICHARD S.J. HUNG REGARDING MEET

3

AND CONFER OBLIGATIONS RELATING TO APPLE INC.’S MOTIONS FILED ON JULY

4

1, 2011. In compliance with General Order 45, X.B., I hereby attest that Richard S. J. Hung has

5

concurred in this filing.

6
7
8

Dated: July 1, 2011

MORRISON & FOERSTER LLP
By: /s/ Jason R. Bartlett
JASON R. BARTLETT

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
DECLARATION OF RICHARD S.J. HUNG REGARDING MEET AND CONFER OBLIGATIONS
CASE NO. 11-CV-01846-LHK
sf-3015344