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

Filing 905

OPPOSITION to ( #899 MOTION for Extension of Time for Briefing and Hearing on #895 Administrative Motion to File Under Seal re Motion for Adverse Inference Jury Instructions filed by Apple Inc.. (Tucher, Alison) (Filed on 5/7/2012) Modified text on 5/9/2012 (dhm, COURT STAFF).

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Counsel Information Appears on the Following Page

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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.,

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Case No.
Plaintiff,

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

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Defendant.
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OPPOSITION TO SAMSUNG’S MOTION TO ENLARGE TIME
11-cv-01846-LKH (PSG)
sf- 3141571

11-cv-01846-LHK (PSG)

OPPOSITION TO SAMSUNG’S
MOTION TO ENLARGE TIME
FOR BRIEFING AND HEARING
ON APPLE’S MOTION FOR
ADVERSE INFERENCE JURY
INSTRUCTIONS

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Apple’s motion for adverse inference jury instructions cannot have come as a surprise to
Samsung, and the hearing on it should not be delayed until the last possible moment:
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Samsung has known about Apple’s concern over its automatic deleting of emails

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for months (see Kim Decl. ISO of Apple’s Motion for Adverse Inference Jury

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Instructions, Ex. 33, Dkt. 895-5) and has already filed an opposition to a parallel

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motion that Apple filed in the ITC;

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Samsung’s proposal disrupts the schedule for pre-trial filings that Judge Koh has

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set out, which requires the parties to file their proposed jury instructions on July

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11, 2012, just one day after the hearing Samsung requests (Dkt 893); and

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Samsung’s proposal is inconsistent with Judge Koh’s direction that the parties

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“follow the local rules regarding a briefing schedule” on this motion (Dkt. 901, at

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1).

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Dated: May 7, 2012

MORRISON & FOERSTER LLP

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By:

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/s/ Alison M. Tucher
Alison M. Tucher
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff
APPLE INC.

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OPPOSITION TO SAMSUNG’S MOTION TO ENLARGE TIME
11-cv-01846-LKH (PSG)
sf- 3141571

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