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

Filing 853

JOINT STIPULATION AND ORDER EXTENDING THE DEADLINE TO FILE A REPLY IN SUPPORT OF APPLES MOTION TO COMPEL by Judge Paul S. Grewal, granting #851 Stipulation (ofr, COURT STAFF) (Filed on 4/6/2012)

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HAROLD J. MCELHINNY (CA SBN 66781)
[e-mail]
MICHAEL A. JACOBS (CA SBN 111664)
[e-mail]
RICHARD S.J. HUNG (CA SBN 197425)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: [phone]

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WILLIAM F. LEE (pro hac vice)
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, Massachusetts 02109
Telephone: [phone]
Facsimile: [phone]
MARK D. SELWYN (SBN 244180)
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff and
Counterclaim-Defendant Apple Inc.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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APPLE INC., a California corporation,
Plaintiff,

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v.

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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,

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Case No. 11-cv-01846-LHK (PSG)
JOINT STIPULATION AND
[PROPOSED] ORDER
EXTENDING THE DEADLINE
TO FILE A REPLY IN SUPPORT
OF APPLE’S MOTION TO
COMPEL

Defendants.

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JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING THE DEADLINE TO FILE A REPLY IN SUPPORT OF APPLE’S MOTION TO
COMPEL
CASE NO. 11-CV-01846-LHK (PSG)

WHEREAS, on March 15, 2012, Apple Inc. (“Apple”) filed a Motion to Compel Samsung

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Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications

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America, LLC (collectively “Samsung,” and together with Apple, “the Parties” and individually

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each a “Party”) to produce (i) documents relating to positions Samsung has taken in other

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litigations regarding the licensing of patents and other intellectual property rights (“IPR”) claimed

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to be essential to the UMTS standard, the determination of a fair, reasonable and non-

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discriminatory (“FRAND”) royalty, and the propriety of injunctive relief for the infringement of

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IPR claimed to be essential to the UMTS standard; and (ii) documents concerning Samsung’s

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plans for the development, marketing or licensing of IPR that is claimed to be essential to the

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UMTS standard.
WHEREAS, on March 29, 2012, Samsung filed an Opposition to Apple’s Motion to

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Compel;
WHEREAS, pursuant to Civ. L.R. 7-3(c), the reply in support of Apple’s Motion to

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Compel is currently due to be filed on or before April 5, 2012;
WHEREAS, on March 28, 2012, Samsung made a proposal to Apple in an effort to

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resolve the matters raised in Apple’s Motion to Compel, to which Apple responded on that same

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date;

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WHEREAS, since March 28, 2012, the Parties have continued to exchange proposals in

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an effort to resolve the matters raised in Apple’s motion, including exchanging language for a

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proposed joint stipulation to resolve these issues on March 30, April 3, and April 4, 2012;

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WHEREAS, the Parties are continuing to meet and confer regarding a joint stipulation to

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resolve this discovery dispute without the Court’s intervention, but require additional time to

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continue their negotiations to see whether a resolution can be reached;

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WHEREAS, the new deadline jointly proposed by the Parties (April 10, 2012) for Apple

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to file its reply in support of Apple’s Motion to Compel would still allow the Court thirteen (13)

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days before the April 24, 2012 hearing in which to consider all papers on the Motion;

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the Parties as
follows:
JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING THE DEADLINE TO FILE A REPLY IN SUPPORT OF APPLE’S MOTION TO
COMPEL
CASE NO. 11-CV-01846-LHK (PSG)

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1.

The filing date for the reply in support of Apple’s Motion to Compel will be

extended to and including April 10, 2012;

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2.

No other dates or deadlines shall be modified by this stipulation and order; and

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3.

This extension of time is without prejudice to either Apple or Samsung, and shall

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not be construed or otherwise used in any way to support a contention of delay, untimeliness, or

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lack of harm to Apple or Samsung arising from the acts alleged in this action or this motion.

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JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING THE DEADLINE TO FILE A REPLY IN SUPPORT OF APPLE’S MOTION TO
COMPEL
CASE NO. 11-CV-01846-LHK (PSG)

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Dated: April 5, 2012

Dated: April 5, 2012

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/s/ Mark D. Selwyn_____
William F. Lee
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, Massachusetts 02109
Telephone: [phone]
Facsimile: [phone]

/s/ Victoria Maroulis________
Charles K. Verhoeven
QUINN EMANUEL URQUHART
& SULLIVAN LLP
50 California Street, 22nd Floor
San Francisco, California 94111
Telephone: [phone]

Mark D. Selwyn
WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]

Victoria Maroulis
Rachel Herrick Kassabian
QUINN EMANUEL URQUHART
& SULLIVAN LLP
555 Twin Dolphin Drive, 5th Floor
Redwood Shores, California 94065
Telephone: [phone]

Harold J. McElhinny
Michael A. Jacobs
Richard S.J. Hung
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
Counsel for Plaintiff and CounterclaimDefendant Apple Inc.

Diane C. Hutnyan
QUINN EMANUEL URQUHART
& SULLIVAN LLP
865 S. Figueroa St., 10th Floor
Los Angeles, California 90017
Telephone: [phone]
Counsel for Samsung Electronics Co., Ltd.,
Samsung Electronics America, Inc., and
Samsung Telecommunications America, LLC

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated:

, 2012

By:
The Honorable Paul S. Grewal
United States Magistrate Judge

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JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING THE DEADLINE TO FILE A REPLY IN SUPPORT OF APPLE’S MOTION TO
COMPEL
CASE NO. 11-CV-01846-LHK (PSG)

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ATTESTATION OF E-FILED SIGNATURE

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I, Mark D. Selwyn, am the ECF User whose ID and password are being used to file this

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Declaration. In compliance with General Order 45, X.B., I hereby attest that Victoria Maroulis

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has concurred in this filing.

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Dated: April 5, 2012

/s/ Mark. D Selwyn
Mark D. Selwyn

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JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING THE DEADLINE TO FILE A REPLY IN SUPPORT OF APPLE’S MOTION TO
COMPEL
CASE NO. 11-CV-01846-LHK (PSG)

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