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)

Exhibit 1

1

IN THE UNITED STATES DISTRICT COURT

2

FOR THE NORTHERN DISTRICT OF CALIFORNIA

3

SAN JOSE DIVISION

4
5
6
7
8
9
10

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

)
)
)
)
)
)
)
)
)
)
)
)

C-11-01846-LHK
JUNE 17, 2011

PAGES 1 - 39

11
12
13

THE PROCEEDINGS WERE HELD BEFORE

14

THE HONORABLE UNITED STATES DISTRICT

15

JUDGE LUCY H. KOH

16

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

17
18
19
20
21

FOR THE PLAINTIFF:

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

22
23

(APPEARANCES CONTINUED ON THE NEXT PAGE.)

24
25

OFFICIAL COURT REPORTER: IRENE RODRIGUEZ, CSR, CRR
CERTIFICATE NUMBER 8074
1

U.S. COURT REPORTERS

1

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

2
3
4
5
6
7

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

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

2

U.S. COURT REPORTERS

1

SAN JOSE, CALIFORNIA

JUNE 17, 2011

2
P R O C E E D I N G S
3
4
5

(WHEREUPON, COURT CONVENED AND THE
FOLLOWING PROCEEDINGS WERE HELD:)

14:27:50

6

THE CLERK:

CALLING CASE NUMBER

14:27:56

7

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

14:27:59

8

COMPANY LIMITED, ET AL.

14:28:18

9

14:28:21

10

HONOR.

14:28:22

11

KIM FOR THE PLAINTIFFS APPLE.

14:28:25

12

THE COURT:

14:28:29

13

MR. VERHOEVEN:

14:28:30

14

HONOR.

14:28:33

15

BEHALF OF THE SAMSUNG DEFENDANTS AND WITH ME IS MY

14:28:37

16

PARTNER KEVIN JOHNSON, MIKE ZELLER, VICKIE

14:28:48

17

MAROULIS.

14:28:48

18

14:28:49

19

14:28:52

20

I HAVE QUESTIONS FOR ALL SIDES TODAY.

14:28:58

21

I'LL START FIRST WITH MR. VERHOEVEN.

14:29:01

22

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

14:29:03

23

SPECIFIED SOME EXPEDITED DISCOVERY THAT SAMSUNG

14:29:06

24

WOULD NEED, WHICH I THOUGHT WAS VERY REASONABLE,

14:29:09

25

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.

3

U.S. COURT REPORTERS

14:35:02

1

CONSTRUCTION AND A FULL ANALYSIS ON A P.I. BASIS.

14:35:05

2

SO TELL ME WHAT YOU'RE CURRENT THINKING

14:35:07

3

14:35:07

4

14:35:08

5

THAT I INTEND TO, IF NECESSARY, CHANGE YOUR MIND

14:35:12

6

ABOUT THE UTILITY PATENTS, BUT THE DIRECT ANSWER TO

14:35:16

7

YOUR QUESTION IS WE'RE GOING TO REVIEW THE RIGHTS

14:35:22

8

THAT WE HAVE ASSERTED.

14:35:23

9

14:35:25

10

ARE GOING TO MOVE ONTO SOME KIND OF COMBINATION OF

14:35:27

11

THE RIGHTS THAT WE HAVE ASSERTED, YOUR HONOR.

14:35:29

12

14:35:31

13

HAVE DECIDED TO MOVE, MUCH LESS WHICH OF OUR MANY

14:35:34

14

CLAIMS WE'RE GOING TO MOVE ON.

14:35:35

15

THE COURT:

14:35:37

16

BOTH PARTIES AND IT SOUNDS LIKE BOTH OF YOU ARE

14:35:41

17

INTERESTED IN GETTING -- ESPECIALLY IF YOU WANT TO

14:35:43

18

LITIGATE UTILITY PATENTS, THEN LET'S JUST SET AN

14:35:47

19

EXPEDITED SCHEDULE FOR THE WHOLE CASE.

14:35:49

20

14:35:51

21

WANT TO HEAR FROM BOTH SIDES WHETHER YOU WOULD

14:35:54

22

AGREE WITH IT RATHER THAN EVERY SIX WEEKS HAVING AN

14:35:57

23

EXPEDITED DISCOVERY MOTION.

14:35:59

24

14:36:02

25

IS.
MR. MCELHINNY:

MY CURRENT THINKING IS

AND WE'RE GOING TO MOVE -- IF WE MOVE, WE

BUT I CAN'T TELL YOU RIGHT NOW THAT WE

WELL, LET ME ASK ACTUALLY OF

I WOULD RATHER US JUST START NOW AND I

IF YOU REALLY FEEL THIS ANXIOUS, SET THE
SCHEDULE NOW AND I'LL GIVE YOU A TRIAL IN
9

U.S. COURT REPORTERS

1
2
3
CERTIFICATE OF REPORTER

4
5
6
7

I, THE UNDERSIGNED OFFICIAL COURT

8
9

REPORTER OF THE UNITED STATES DISTRICT COURT FOR

10

THE NORTHERN DISTRICT OF CALIFORNIA, 280 SOUTH

11

FIRST STREET, SAN JOSE, CALIFORNIA, DO HEREBY

12

CERTIFY:

13

THAT THE FOREGOING TRANSCRIPT,

14

CERTIFICATE INCLUSIVE, CONSTITUTES A TRUE, FULL AND

15

CORRECT TRANSCRIPT OF MY SHORTHAND NOTES TAKEN AS

16

SUCH OFFICIAL COURT REPORTER OF THE PROCEEDINGS

17

HEREINBEFORE ENTITLED AND REDUCED BY COMPUTER-AIDED

18

TRANSCRIPTION TO THE BEST OF MY ABILITY.

19
20
21
22
23
24

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

25
DATED:

JUNE 20, 2011
39

U.S. COURT REPORTERS