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

Filing 858

RESPONSE (re #856 MOTION for Leave to File Supplemental Response to Apple's Corrected Reply In Support of Rule 37(b)(2) Motion ) Apple's Opposition to Samsung's Administrative Request for Leave to File a Sur-Reply to Apple's Reply in Support of Rule 37(b)(2) Motion re Samsung's Violation of January 27, 2012 Damages Discovery Order filed byApple Inc.. (Attachments: #1 Proposed Order)(Jacobs, Michael) (Filed on 4/7/2012)

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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: (415) 268–7522

WILLIAM F. LEE
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Telephone: [phone]
Facsimile: (617) 526–5000
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: (650) 858–6100

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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.
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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Defendants.
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Case No. 11–cv–01846–LHK (PSG)
APPLE’S OPPOSITION TO
SAMSUNG’S ADMINISTRATIVE
REQUEST FOR LEAVE TO FILE A
SUR-REPLY TO APPLE’S REPLY IN
SUPPORT OF RULE 37(b)(2)
MOTION RE SAMSUNG’S
VIOLATION OF JANUARY 27, 2012
DAMAGES DISCOVERY ORDER
Date:
Time:
Place:
Judge:

April 9, 2012
10:00 a.m.
Courtroom 5, 4th Floor
Hon. Paul S. Grewal

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APPLE’S OPPOSITION TO SAMSUNG’S ADMINISTRATIVE REQUEST FOR LEAVE TO FILE SUR-REPLY
CASE NO. 11-CV-01846-LHK (PSG)
sf-3130580

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Samsung offers no explanation for waiting 18 days after Apple filed its reply, during a

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holiday weekend less than two days before the hearing,1 to seek leave to submit a 10-page sur-

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reply. Samsung gave no notice to Apple of its filing, and it did not confer with Apple before

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filing it as required by Civil Local Rule 7-11. The Court should deny the requested leave.

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Samsung inappropriately invokes Civil Local Rule 7-3(d) as a basis for its Administrative

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Request. Rule 7-3(d) allows a party to file, “within 7 days after the reply is filed, an Objection to

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Reply Evidence, which may not exceed 5 pages of text, stating its objections to any new

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evidence, which may not include further argument on the motion.” Samsung’s proposed sur-

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reply violates all of these requirements.

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Samsung also violates Civil Local Rule 7-11, the other Rule invoked in its Administrative

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Request. Local Rule 7-11 provides that any request for administrative relief “must be

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accompanied . . . by either a stipulation under Civil L.R. 7-12 or by a declaration that explains

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why a stipulation could not be obtained.” Samsung’s Administrative Request is not accompanied

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by either a stipulation or a declaration, for good reason—Samsung did not even inform Apple of

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its intended filing, much less seek Apple’s consent to its being filed.

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For the foregoing reasons, Apple requests that the Court deny Samsung’s Administrative

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Request for leave to file a sur-reply to Apple’s reply in support of its Rule 37(b)(2) Motion

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scheduled for hearing this Monday at 10:00 a.m.

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Dated: April 7, 2012

MORRISON & FOERSTER LLP

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By:

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/s/ Michael A. Jacobs
Michael A. Jacobs
Attorneys for Plaintiff
APPLE INC.

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The declaration of Mr. Kim that is attached to the response was signed on March 30 in
Korea, more than a week ago. It could have been, but was not, provided to Apple prior to Mr.
Sheppard’s deposition in the U.S. on March 30 or Mr. Sim’s deposition in Korea on March 31.

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APPLE’S OPPOSITION TO SAMSUNG’S ADMINISTRATIVE REQUEST FOR LEAVE TO FILE SUR-REPLY
CASE NO. 11-CV-01846-LHK (PSG)
sf-3130580

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